This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
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Rule 3342-5-01 | University policy regarding reports by the president to the board.
(A) Budget. At an appropriate time annually the president of the university shall present to the board the budget for the ensuing fiscal year. (1) The budget shall be presented in a form showing allocations for the university's major areas of expenditure in accordance with general account classifications and shall be accompanied by a review describing the major historical changes. (2) As may be necessary, the budget may be revised from time to time by the board. (3) After approval by the board, the budget shall govern financial transactions. (4) The president of the university shall establish procedures for the expenditure of all appropriated funds. (a) In administering the budget, the president of the university may make or authorize transfers or adjustments in individual budget accounts or in local unrestricted accounts provided that no such action shall increase the total of budgeted expenditures. (b) Whenever income fails to meet budgeted income, the president of the university shall direct reductions in budgeted expenditures of a corresponding amount. (c) Unappropriated general funds may be expended by direction of the president of the university for a specific purpose not exceeding ten thousand dollars. Expenditures of larger amounts from such funds must be approved by the board. (5) The annual budget account classification shall include the following breakdown of expenditures. (a) Instructional and general; (b) Departmental instruction; (c) Off-campus instruction; (d) Instructional services; (e) Library; (f) Student services; (g) General expense; (h) Operation and maintenance of the plant; (i) General administration; (j) Research; (k) Public service; (l) Auxiliary operations; and (m) Student aid. (n) Other categories of expenditures as directed by state officers and the board may be instituted as appropriate. (B) Gift administration. The president of the university shall make a quarterly report to the board of all gifts received, show the value of restricted and unrestricted gifts, and if appropriate, itemize each gift having a value of one hundred dollars or more. The president of the university is authorized to assign gifts to university purposes with the approval of the nonacademic affairs committee and with dutiful attention to the wishes of the donors insofar as known. (C) Revisions of fees and other charges. From time to time, at least once a year, the president of the university shall recommend to the board a continuation or revision of the registration or comprehensive fees, service charges, rental charges, room and board charges, dues and assessments as recorded in the fee register, or entailed in the operation of the various university auxiliary agencies and enterprises. Evidence establishing the need, justification and obligation to collect such charges shall be presented to the board for its consideration.
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Rule 3342-5-02 | University policy regarding reports by other officers to the board.
(A) Purchase of insurance. (1) Each year the treasurer of the university shall cause to be prepared a report that tabulates all insurance policies in force, including coverage, premiums, and agents servicing these policies. This report shall include, but is not limited to, general, fire, liability, bonds, property, automobile, comprehensive, medical and hospitalization contracts, or any other policy for the protection of the university's personnel and property. (2) The treasurer of the university shall seek bids pursuant to state law on the insurance required by preparing proposals for the purchase of insurance, on which the premium is expected to exceed two thousand dollars for the policy term, at the end of each policy term, and for all insurance on which the premium is less than two thousand dollars for the specified term, at least once every three years, unless it is determined to be in the best interest of the university to renew the policy without seeking bids. In all such cases a full report shall be made to the board. For the other insurance when the university has a vested interest in reserves, accumulated deposits or other advantages which accrue to the university, bids shall not be solicited except that the expenditure of appropriate funds must comply with the provisions of any appropriation act, and the Revised Code. The treasurer with the advice and consent of the president of the university is designated to determine the proper procedure to be used in securing the necessary insurance required by the university. (3) All premium and policies shall be on a guaranteed cost basis not subject to assessment. (4) In securing insurance, the financial strength of the insuring company, its ability to provide service, approval to do business in Ohio, and others may be among the factors to consider along with bid quotations. (5) All insurance shall be purchased through the treasurer of the university. (B) Official university publications. Annually, the appropriate vice president shall prepare a report listing all official university publications with special reference to those publications which create, establish and promulgate university policies and practices. This report shall be presented to the board by the president. (C) Inventory of real property. At the close of each fiscal year the chief fiscal officer shall prepare an inventory of all real property managed, owned, leased, rented, or under option to the university. This report shall include acreage held, an estimate of land and building values, general statement on the condition of the physical plant, property and liability insurance policies in force, and such other details as may be directed by the board or the president of the university. (D) Waiver of student fees. The vice president for enrollment management and student affairs shall cause to be prepared an annual listing of scholarships and fee waiver recipients, such awards to be made in accordance with published policies or by direction of the president under authorization by the board. This listing will be presented to the president who shall summarize it in a report to the board. (E) Annual financial report. At the end of each fiscal year the chief fiscal officer shall prepare a comprehensive financial report which shall be presented to the board. The report should summarize all financial transactions, note historical shifts in fund balances, and tabulate expenditures in accordance with generally accepted accounting principles.
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Rule 3342-5-03 | University policy regarding engagement with government officials and entities.
Policy statement. Subject to specific control by
the board, the preparation and presentation of requests for appropriations from
the state of Ohio, the federal government, and all official dealings on behalf
of the university with all federal, state and local government offices, boards
and agencies shall be under the direction of the president of the university.
All interactions with federal, state and local government offices, boards, or
agencies shall be approved by the president, or designee. Unauthorized
appearances before federal, state and local government offices, boards and
agencies are hereby prohibited.
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Rule 3342-5-03.1 | Administrative policy regarding engagement with government officials and entities.
(A) Policy statement. As a state university, it is
imperative that the university embrace a coordinated and consistent approach to
its official dealings with all federal, state, and local government offices,
boards and agencies as provided for in rule. Under the direction of the
president, the office of government and community relations shall be
responsible for the administration of this rule. (B) Implementation. (1) Campus visits by officials, staff, candidates, and
surrogates. The university welcomes and encourages visits by officials, staff,
candidates and surrogates, but does not endorse individual candidates for
public office. In the case of requests to visit and impending visits by
officials, staff, candidates, or surrogates, including those initiated by a
student organization, the office of government and community relations and the
department of university communications and marketing shall be
notified. (2) Public statements and expert testimony on behalf of the
university. Subject to the exceptions as stated in this policy, only the
president, or designee, shall address government officials or entities on
behalf of the university. All requests to represent the university before a
governmental body shall be submitted in writing to the office of government and
community relations at least ten business days prior to the scheduled
appearance or correspondence. (3) Public statements and expert testimony on behalf of the
individual or a separate organization. When a university employee chooses to
address government officials or entities as a private citizen or as a member of
an organization other than the university, such communication or testimony
should clearly indicate that it is made on behalf of the individual in their
personal capacity, or on behalf of the individuals separate
organization. As a courtesy, the employee may provide a final copy of their
testimony to the office of government and community relations. (4) Compelled testimony. Testimony provided under subpoena
is exempted from this policy. (5) Disclosure of lobbying activities: The university is
required by law to disclose federal lobbying activities as defined by 2 U.S.C.
1602, and state lobbying activities as defined by sections 101.72, 101.73, and
101.74 of the Revised Code. Additionally, local governmental entities maintain
the right to require lobbying disclosures for their jurisdictions. The office
of government and community relations is responsible for gathering information
related to official university lobbying activities and submitting reports to
governmental agencies. University employees are required to document and
provide to the office of government and community relations information related
to activities and interactions with covered governmental officials in
accordance with the following schedules: (a) On a quarterly basis
at the federal level; (b) Tri-annually at the
state level; and (c) At the discretion of
local government level. (6) Professional organization lobbying. Faculty and staff
should notify the office of government relations prior to accepting an
invitation to and/or attending a lobbying or advocacy meeting arranged by a
professional organization. (7) All other interactions not otherwise provided for in
this rule shall be discussed with the office of the president prior to such
interaction.
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Rule 3342-5-04 | University policy regarding authorization to contract on behalf of the university.
(A) Contracts and agreements including lease agreements negotiated on behalf of the university must be authorized by the president, a vice president or the board. (B) Any person intending to enter into an agreement which will or may bind the university, any of its subparts, or any of its auxiliaries must obtain prior authorization from the president, a vice president or collective action by the board.
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Rule 3342-5-04.1 | Administrative policy for contract administration.
(A) Purpose statement. This policy designates the process by which university officials are authorized to negotiate and enter into contracts on behalf of Kent state university by providing a centralized approach to contract administration under the authority established in rule 3342-5-04 of the Administrative Code. As of the effective date of this policy, all previous delegations not evidenced in writing or in other rules of the Administrative Code are suspended and such delegations should be resubmitted for approval in accordance with this policy. This policy operates in conjunction with the contractual delegations being concurrently established under rule 3342-7-12 of the Administrative Code. (B) Scope. This policy applies to all employees at Kent state university, whether temporary, part-time or full-time positions. This policy applies to original contracts and agreements, as well as all amendments, alterations, modifications, corrections, changes and extensions. This policy does not include offers of employment, which are the sole responsibility of the office of the senior vice president for academic affairs and provost and the division of human resources. (C) Definitions. (1) Contract. For the purpose of this policy, "contract" means all written agreements intending to have legal effect between two or more parties where Kent state university, or any department within the university, constitutes one of the contracting parties. (a) The term "contracts" includes, but is not limited to, memorandums of understanding, agreements, service contracts, settlement of disputes, rental/lease agreements, affiliation agreements, liability waivers, assignments of rights and/or licensing agreements. (b) The term "contracts" does not include agreements between department/units of Kent state university. (c) Exclusions. This policy does not apply to the following: faculty and instructor contracts executed by the senior vice president for academic affairs and provost, employment contracts executed by the division of human resources, student employment contracts executed by the division of enrollment management and student affairs, contracts executed by student organizations, or private and personal matters of employees. This policy does not apply to, nor does it seek to replace, the board of trustees as the contracting authority for certain agreements as required by Chapters 3341 and 3345 of the Revised Code or rule 3342-2-01 of the Administrative Code. (2) Contracting authority. For the purpose of this policy, "contracting authority" means university personnel who have been provided signing authority by express resolution of the Kent state university board of trustees, or university personnel that are provided authority through express written delegation from either the president of the university or the appropriate vice president, pursuant to the authority provided in rule 3342-5-04 of the Administrative Code. (D) Implementation. (1) Authority. The board of trustees, the president of the university and each vice president are the sole contracting authorities at Kent state university provided by rule 3342-5-04 of the Administrative Code. (2) Delegation. University personnel shall not enter into a contract for the purchase of goods or services or otherwise obligate Kent state university to pay any sum of consideration, without a written delegation of authority unless otherwise provided by this policy or in rule 3342-7-12 of the Administrative Code. Please note, however, vice president approval is non-delegable for purchase agreements of one hundred thousand dollars or more as reflected in rule 3342-7-12 of the Administrative Code. (a) All delegations must be made to a position within the university and to the individual holding the position at the time of the delegation. When there is turnover in the position, a new letter of delegation must be executed. "Institutional official" exception. In limited instances, federal or state law requires that the university appoint a specific person to act as the "institutional official" on behalf of the university. In this instance, a delegation must still be documented in accordance with this policy, however such delegation must be addressed to the person, not the position in general as provided for in paragraph (D)(2)(a) of this rule. (b) All written delegations of signature authority must include: (i) Position to which contracting authority is being delegated; (ii) Scope of contracting authority; (iii) Restrictions, limitations of contracting authority; (iv) Signature of division vice president; and/or (v) Signature of the president of the university. (vi) Signature of the delegate. (c) Original executed delegations must be filed with the office of the general counsel. (d) Delegations may be revoked at any time by the assigning vice president, president, or board of trustees. (e) Delegations may not be made any further than two administrative levels below that of the division vice president, with the exception of regional deans who may be delegated authority to contract through the associate provost-dean regional college. (3) Any individual provided with a delegation of authority may not enter into any contract that involves the individual, the individuals family, business associates, or any organization with which the individual is associated. In that event the individual should immediately notify the delegating authority that a conflict of interest exists and withdraw from any participation in the transaction. (4) Any individual provided with a delegation of authority under this policy must also submit a conflict of interest disclosure form pursuant to rule 3342-6-23 of the Administrative Code to the division vice president at the time of request which shall be kept on file with the original delegation. The form is available from the division of business and finance. It is the responsibility of the individual submitting the conflict of interest disclosure form to amend the statements in the form and notify his/her supervisor if there is any material change in the information initially submitted. (E) Procedures. (1) Responsibilities of initiating party. The party initiating the contract on behalf of the university is responsible for reading the contract entirely and determining the following: (a) The contract language accurately reflects the current state of negotiations and is sufficiently clear and consistent; (b) The contract meets programmatic and university strategic mission requirements; (c) The contract is in the best interests of the university and the contract term is reasonable in duration; (d) The obligations placed on the university in the contract are in compliance with current university procedures and policies; and (e) The contract includes the appropriate substantive content to describe the obligations of both parties with reasonable specificity. (2) The initiating party is further responsible for the negotiation of all substantive items in the contract, and is solely responsible for the resulting terms and conditions contained therein. (3) Mandatory review by general counsel. All contracts prior to execution must be submitted to the office of the general counsel for review as to legal form and sufficiency. General counsel will return the contract to the initiating party for further revision if necessary. Failure to provide the contract for counsel review could affect several statutory protections reserved for public officials employed by the university including, but not limited to, immunity and indemnification. (4) Mandatory review by the division of business and finance. After review by general counsel, the initiating party must provide such contract for review by the senior vice president for finance and administration, or his/her designee, if the contract obligates the university to pay funds of one hundred thousand dollars or more for the term of the contract. Upon review, the division of business and finance will return the contract to the initiating party for further revision if necessary. (5) Final process. After all appropriate approvals have been received and documented and both parties are in mutual agreement to the terms, both parties must sign the contract before any action called for in the contract can occur. The initiating university party is responsible to ensure that the contract is fully executed (signed by both parties). (6) Records retention. The contracting authority is responsible for assigning the location where the contract will be placed on file. The contract must be kept on file for at least the period of the contract plus five years or as required by the universitys record retention schedule, whichever is longer. The record retention schedule can be found on the general counsels website, www.kent.edu/generalcounsel. (7) As a final step in the contract administration process of the university, once a contract is signed by both contracting parties, an electronic copy of the final contract must be sent to contracts@kent.edu to be kept on file with the office of general counsel, with the following information: (a) Name of contracting department; (b) Name of contracting signatory; (c) Name of non-university contracting party; (d) Effective date of contract; (e) Date of termination (or term of the contract); (f) Brief description of services/goods procured by the contract or, if not a purchasing contract, the nature of the agreement. (8) Failure to file a final version of the any contract under this policy in the method provided for in paragraph (E)(7) of this rule may result in the temporary or permanent revocation of the contracting authority of the initiating party as provided for in under this rule. (F) Prohibitions. Failure to follow this policy or to ensure that the appropriate contracting authority is obtained during the execution of a contract and/or agreement may result in personal liability for the university personnel involved in the transaction. No contract signed by a person without contracting authority as delegated by the board or this policy shall be binding on the university. (G) Pre-existing contracts. Contracts reviewed and authorized prior to the adoption of this policy shall remain in full force and effect; however, any modification or extension of such contracts shall be reviewed and authorized in accordance with this policy.
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Rule 3342-5-04.2 | Administrative policy regarding electronic signatures.
Effective:
October 15, 2016
(A) Policy. In order to
provide for the effective and efficient administration of university contract
administration, electronic signatures are permissible when executed in
accordance with this rule. The university recognizes an electronic signature as
legally binding to the fullest extent permitted by law. The implementation and
use of electronic signatures at the university shall remain consistent with
division (I) of section 1306.20 of the Revised Code. (B) Implementation. The
division of business and finance shall be responsible for the administration of
this rule, and shall coordinate with other divisions and offices as necessary
to ensure uniform procedures for contracting with non-university parties
through electronic signature. (1) The
division of business and finance is responsible for the establishment of
university standards for the use of electronic signatures. Such standards may
be revised by the division to ensure the effective and efficient use of
electronic signatures. (2) This rule
operates in conjunction with the delegations of authority as provided for in
the universitys administrative policy for contract administration as
codified in rule 3342-5-04.1 of the Administrative Code. Electronic signatures
may only be executed by an individual authorized to contract on behalf of the
university as provided for in rules 3342-5-04 and 3342-5-04.1 of the
Administrative Code.
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Rule 3342-5-05 | University policy regarding additional police assitance.
Policy statement. The president of the university is authorized to request the assistance of other law enforcement agencies in emergency circumstances. This resolution does not prohibit requesting the assistance of other law enforcement agencies by the university police department under pre-understood tactical arrangements, mutual aid agreements, or where time is of the essence.
Last updated April 9, 2021 at 8:38 AM
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Rule 3342-5-06 | University policy regarding delegation of authority to close the university.
Policy statement. In emergency circumstances and after declaration of a state of emergency as authorized by House Bill 1219 of the 108th General Assembly, the president of the university may suspend all or part of the university operations. Such suspension may exceed four days only upon authorization of the board or, if a quorum cannot be consulted, the chairperson thereof.
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Rule 3342-5-07 | University policy regarding archives.
Policy statement. Recognizing the importance of preserving materials documenting the history of the university, the university archives is designated as the official repository for such items. The university archives has two reasons for its existence, one practical and the other historical. The practical reason is that the university archives provides a safe, central repository for records that are no longer of immediate use to the office or organization that created them. The other reason is that many of these materials are of significant historical value and are vital to the documentation of the history of the university. Although the utilization of the records storage and retrieval services of the university archives is voluntary, all members of the university community are encouraged to deposit their noncurrent records in the university archives so that posterity can better understand our activities.
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Rule 3342-5-08 | University policy regarding collection, retention, and dissemination of information about students.
(A) Purpose. In order for the university to achieve its goal of providing for the optimal educational development of its students, it may accumulate and maintain records concerning their characteristics, activities and accomplishments. (B) Policy operation. In order to provide for and protect the privacy of its students, the university will collect, retain and disseminate such information according to the following principles: (1) Students will have access to information about themselves and its uses in university records. (2) Procedures will be established for a student to challenge and correct or amend an inaccurate record. (3) The university shall insure that student information is not improperly disclosed or used for other than authorized purposes without the student's consent, unless required by law. (4) University personnel who are custodians of data files containing sensitive information shall take reasonable precautions to insure that student data are reliable and not misused. (5) Policy and procedures concerning collection, retention and dissemination will be in compliance with state and federal law. (C) The president shall promulgate necessary administrative regulations to implement this rule.
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Rule 3342-5-08.2 | Administrative policy regarding disclosure of social security numbers by students.
(A) Purpose. First begun in 1967, the university requires that all students having a social security number disclose that number to the university. The student's social security number becomes his or her student I.D. number which is the identifier of the student used on most university records. (B) Operational procedure. The student's and the university's rights and responsibilities concerning the student I.D. number are regulated by university policies and rules 3342-5-08 and 3342-5-08.101 of the Administrative Code, governing collection, retention and dissemination of information about students.
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Rule 3342-5-08.101 | Operational procedures and regulations regarding collection, retention, and dissemination of information about students.
(A) Purpose. In compliance with the university policy regarding the collection, retention and dissemination of information about students, the administrative policy contained in this rule has been established. (B) Enforcement. (1) The enforcement of this policy will be the responsibility of each major executive officer of the university and the supervisor of any office which retains information about students. The Family Educational Rights and Privacy Act of 1974, as amended, will guide the application of this rule. (2) The provost will be the custodian and major executive officer of the university responsible for the implementation of this policy. (3) Recommendations for alterations or additions to this policy may be made by appropriate student and faculty governing bodies to the office of the vice president and dean for enrollment management and student affairs. Questions of interpretation may also be directed to that office. The registrar will assist the provost or designee in this responsibility. (4) The registrar is required to maintain an up to date university records inventory of all personally identifiable student records. The registrar is also required to review and approve all basic forms utilized for any mandatory data collections. (C) Definitions. (1) Student. A "student" is defined as a person who has been accepted into a program of study and has participated in any post-admission university sanctioned process to facilitate the registration of classes. (2) Educational records. "Educational records" are defined as those records, files, documents and other materials which contain information directly related to a student and are maintained by a college, school, department, office or other university organization, subdivision or by a person acting for the university or any of its subdivisions. (D) Classification and collection of student educational records. (1) The term "educational record" does include: (a) The official academic record composed of documents and computer files maintained by the office of the registrar. The registrar is the official custodian of these records and the registrar, or designee, is the only one authorized to speak for the university regarding them. (b) Academic advising records are the materials maintained in the college and academic departmental office for use only in advising and/or preparing the recommendations for state certification. These are not to be confused with the aforementioned official academic record. (c) Discipline records including preliminary notification, proceedings, results and action taken as a result of disciplinary committee hearings, are maintained in the office of the dean for student affairs. The provost or designee is the official custodian of these records and the vice president and dean for enrollment management and student affairs, or designee, is the only one who is authorized to speak for the university regarding them. (d) Student financial aid records including application, parents' confidential statement, need analysis form, promissory note, employment and other related information are maintained in the office of student financial aid. The director of student financial aid is the official custodian of these records and the director, or designee, is the only one who is authorized to speak for the university regarding them. (e) The career planning and placement center records including applications, resumes, letters of reference, employment records of work study students, and related information are maintained in the office of career planning and placement center. The director of the center is the official custodian of these records and the director, or designee, is the only one who is authorized to speak for the university regarding them. (2) The term "educational record" does not include: (a) Records which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; (b) Police records which are maintained solely for law enforcement purposes; (c) Records which are maintained solely in connection with a person's employment within the university unless the employment records are as a result of their status as a student; and (d) Health-related records. Records which are created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional capacity, or assisting in that capacity and which are created, maintained or used only in connection with the provision of treatment to the student and are not available to anyone other than persons providing such treatment, provided, however, that such records can be personally reviewed by a physician or other appropriate professional of the student's choice. (3) Collection of student information. Information which the university may wish to collect for student educational records through any of its offices, departments or agents directly from the student, whether prior to admission, at the time of entrance, or at any other time, should be viewed as falling into one of three categories, as follows: (a) Directory information, which includes the student's name, local and permanent address, telephone listing, date and place of birth, major field of study, email address as directory information, class standing (undergraduate/graduate; freshman, etc.), enrollment status (full/part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, high school graduated from and the most recent previous educational agency or institution attended by the student; (b) Restricted external, which includes any and all information contained in educational records not categorized as directory information. Such information may not be released except under the provision of this policy. Examples of restricted external information are social security number, identification photograph, marital status, number of dependents, country of citizenship, campus activities, leadership positions, academic evaluations, standardized and other test scores, admission application form and university disciplinary actions; and (c) Restricted external and internal records are not classified as "educational records." This class of records is normally associated with special professional services such as mental health, physical health and law enforcement. The collection, use and dissemination of such information is controlled by separate policies. (4) Prohibitions on collection. Data may not be collected on political activities or beliefs of students whether voluntary or not where the possibility of disclosure will inhibit the free expression of these beliefs or opinions, both within and outside the classroom. (5) A further classification of information contained in records is made based on the process of collection. (a) Mandatory information, which is believed to be essential to the proper functioning of the university and required of the student as a condition of attendance. Collection of all such information must receive prior approval from the registrar. (b) Voluntary information, which is considered desirable but not essential to the functioning of the institution or any of its subdivisions may be obtained only with informed and freely given consent of the student. The optional nature of all responses in forms utilized for such voluntary data must be clearly designated as such. (6) Access. Where either mandatory or voluntary information is collected directly from a student, the intended uses of the information, conditions of the student's access, access of other parties to the data and rules of retention should be specified in the university's records inventory and when possible on the data collection form itself or in some other easily accessible manner at the time of collection. (7) Outside sources. When accumulations of data about students are made from sources other than the student, such as from police reports, health data, letters of reference and administrative actions, these should be made part of the university's records inventory. The registrar will provide for public notice with specific reference to the procedures by which the additional information is added to the file, the potential sources of such information, its uses, condition of access and rules of retention. (8) Demographic information. The collection of information concerning racial, ethnic or religious background of students is often mandated by government offices, sources of financial aid or other external agencies. In complying with such official requests special precautions must be taken to ensure that the existence of data collected primarily for purposes of increasing equality of opportunities for minority group members does not violate rights to privacy of individual students. (9) Research. All research activities or experiments in which students are asked to reveal, directly or indirectly, aspects of their private personalities must be reviewed and approved in advance by the university human subjects review committee. (E) Release of information. (1) Requests for information. All institutional personnel should be alert to refer promptly to the official custodian of the appropriate office any requests for information. Faculty members and the various institutional offices should restrict their responses to that information germane to their sphere of responsibility in relationship to the student, such as faculty advisor, major professor or academic dean. The existence of specific legislation permitting access should be determined before release of information and all releases must be consistent with FERPA and applicable local, state, and federal laws and regulations. (2) Information contained in student records may be released under the following conditions: (a) Directory information may be disclosed on an unlimited basis by university personnel in response to oral or written requests. (i) Directory information categories are published on the office of the university registrar web site. Students are notified biannually via their "kent.edu" email address on their right to restrict the publication and release of directory information. (ii) An opportunity for individuals to restrict the publication of directory information concerning themselves is available by making a written petition to the registrar. This opportunity to restrict the release of this information will be publicized biannually. (b) Restricted information may only be released with the student's written permission, with the exceptions listed in Chapter 4.1.3 of FERPA. Following are some of the more common exceptions for release of restricted student information. (i) To school officials with the legitimate educational interest. (a) School officials. Those members of the university community who act in the students educational interest within the limitations of their "need to know." These may include faculty, administration, clerical and professional employees, university police, and other persons, including student employees or persons or businesses formally authorized to act for the university, who manage student education record information. (b) Legitimate educational interest. For the purposes of agency 3342 of the Administrative Code, "legitimate educational interest" shall mean an educationally related purpose which has a directly identifiable educational relationship to the student involved and underlies the request. More particularly, the following criteria shall be taken into account in determining the legitimacy of a university officials access to student records: (i) The official must seek the information within the context of the responsibilities that he or she has been assigned; (ii) The information sought must be used within the context of official university business and not for purposes extraneous to the officials area of responsibility or to the university; (iii) The information requested must be relevant and necessary to the accomplishment of some task or to making some determination within the scope of university employment; (c) Disclosure to a school official having a legitimate educational interest does not constitute institutional authorization to transmit, share, or disclose any oral information to a third party. An unauthorized disclosure of personally identifiable information from the education record of the student is prohibited. (ii) To complete transfer admissions forms requested by the student. Only disciplinary status of students currently on disciplinary probation or suspension, or of students who have been expelled, shall be released; (iii) If approved research studies are being conducted in such a manner as will not permit the personal identification of the student except to researcher; (iv) If required by accrediting agencies in order to carry out their accrediting functions; (v) If required by lawfully issued court order, subpoena or summons, upon the condition that students are notified of all such orders in advance of the compliance; (vi) If an emergency situation arises where the information is deemed necessary to protect the health, safety or welfare of the student or other persons; and (vii) Parents of dependent students as defined in Section 152 of the "Internal Revenue Code" of 1954 may have access to their child's records provided they have demonstrated satisfactory evidence of the student's dependent status, and that the student be notified of all such requests in advance of compliance; except that release of information regarding a student's financial account to parents of a dependant student shall not require notification to the student. (viii) Pursuant to the Family Educational Rights and Privacy Act, the office of judicial affairs will send written notice to the parents of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession or consumption of any alcoholic beverages. The office of judicial affairs will send written notice to parents of a student under twenty-one years of age when a first-time serious violation consists of: (a) Alcohol negatively affecting the mental and physical well-being of oneself or others; (b) Alcohol contributing to vandalism, assault, etc.; or, (c) Alcohol contributing to a pattern of substance abuse. (d) The university believes that parent notification is an educational measure that will provide students and parents an opportunity to appropriately deal with a potential problem that could result in serious academic, social, and personal health concerns. (ix) Release to parties. The release of non-directory information to external parties without the student's consent must be recorded in the individual student file. The release of non-directory information to either external or internal parties must be accompanied by a warning that such information must not be passed on to fourth parties. (F) Access to records. (1) Student access. Students have access to their own educational records as described in this policy within a reasonable period of time not to exceed sixty days of the request. All information in the educational records may be reviewed by the student except for: (a) Financial records of the parents; and (b) Confidential letters and statements of recommendation which are dated prior to the first of January, 1975. (2) Waiver. A student may waive the right of access to these official records. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the university. (3) Individual members of the academic community may maintain for their personal reference and use information regarding students. As long as this information is not used in a manner which conflicts with this rule, such information need not be subject to scrutiny. (4) Right of refusal. The registrar has the right to refuse to release certified student transcripts when instructed to do so by the vice president and dean for enrollment management and student affairs due to a student's noncompliance with a university obligations. The registrar may also refuse to reproduce, and refuse to forward official transcripts in matters of suspected fraud or record error until such time that the record is considered to be correct and the matter resolved. The registrar may also refuse to reproduce and/or refuse to forward official transcripts pursuant to paragraph (C) of rule 3342-7-05.501 of the Administrative Code. (G) Challenge to the content of the records. If, after reviewing their individual file, a student wishes to challenge a perceived inaccuracy, misleading statement, or other perceived violation of their privacy or other rights, the following procedure is available: (1) The student shall be provided an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data and to insert into such records a written explanation. A student may challenge a grade only on the ground that it was inaccurately recorded, not that it was lower than the instructor ought to have awarded. (2) If the official custodian of the records and the student agree that information is inaccurate, misleading or otherwise in violation of the student's rights, the official custodian of the records may make the necessary corrections or remove the information. (3) Upon the request of either the official custodian of the records or the individual student, a hearing may be conducted to settle disputes. (4) The student conduct officer will serve as hearing officer. Should the hearing officer have a direct interest in the outcome of the hearing, the registrar will serve as hearing officer. The following guidelines are to be followed: (a) The hearing shall be conducted and decided within a reasonable period of time following the request for hearing; (b) The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised; and (c) The decision of the hearing officer shall be in writing to the student, and inserted into the file within a reasonable period of time after the conclusion of the hearing. (H) Review and destruction of educational records. All persons or organizational subdivisions of the university maintaining educational records must establish procedures for the regular and periodic review of all information for the purposes of ensuring its accuracy and continued usefulness and for the elimination of the unnecessary and unverified data. A copy of such procedures must be on file with the registrar. (1) Review of potentially useful information. Student information that is potentially useful but as yet unverified or not clearly needed beyond the immediate present, such as legal or clinical findings including personality tests and unevaluated reports of faculty or other college personnel, should be reviewed periodically, preferably at least once a year. At this time the record should either be destroyed or a decision made to retain it until the student's graduation at which time it would be reviewed again. If the record is to be maintained, two conditions should be met: (a) Its accuracy should be verified by appropriate means; and (b) Its continuing usefulness should be clearly demonstrated. (2) Review of information of clear importance. Verified information of clear importance for the student during his full course of study at an institution should be reviewed upon his graduation from the institution to determine its disposal or preservation. This includes background data, financial information, health data and other information required either by the student or by the institution to maintain the active status of the student. (3) All records which survive these two reviews would be retained by the institution for a specified period of time to be determined at the final review or in perpetuity. Due consideration should be given to the needs of the archivist as well as to the rights of the individual student in determining the long term retention of student information. (4) Educational records which are involved in a pending request for access may not be destroyed until access according to this rule has been granted.
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Rule 3342-5-08.102 | Operational procedures and regulations regarding release of name and address listings.
(A) Procedures for release of name and address listings from computer services. (1) Any individual wishing to request rosters, labels or listings of university students, faculty, staff or associates from computer services should go to the appropriate sponsoring agency to secure an approval form. A sample of the material to be distributed should be attached to the approval sheet. (2) If the sponsoring agent, having consulted such rules as the university rule on the collection, retention and dissemination of information about students, the sales and solicitation rule and the human subjects review rule, finds no violation in the intended use of the listings, he/she may indicate approval by affixing an approved signature to the request. (3) The following are the authorized sponsoring agencies: (a) Vice president for enrollment management and student affairs if the request is from a student organization; (b) Dean of college or school if the request is from a faculty member; (c) Dean of college or school if the request is from a student on a research project; and (d) Vice president of the appropriate area if the request is from an administrative staff member. (4) Upon receipt of the appropriate sponsoring agency signature, the sheet must be taken to the manager of the list. Generally, any list of students is managed by the registrar's office. A list of nonacademic personnel is managed by the nonacademic personnel office. Faculty and staff listings are managed by the president's office. Information pertaining to the manager of any list not noted on the sheet may be obtained through computer services. (5) When the form is signed by both sponsor and manager, approval is granted. The form is to be taken to computer services, where the process of printing the authorized list will be completed. (6) Approved requests must be submitted to computer services two weeks or ten working days prior to the date it is needed in order to allow for processing time. (7) No lists will be granted to individuals or organizations to advocate action which is contrary to law or university policy. (8) No lists will be granted to individuals or organizations seeking to solicit for personal gain. (9) Consistent with the university rule on the collection, retention and dissemination of information about students, no student rosters may be made available to nonuniversity sources. Requesting agencies should be referred to the student directory published annually in the fall and available to the public at the university bookstore. The only exceptions to this would be the supplied to contractors performing university services, such as the insurance company carrying our student health insurance coverage. (B) Office procedure regarding the release of name and address listings from computer services. (1) The center for student involvement will sponsor those requests for lists required to implement all campus elections to governing or honorary bodies. No charge will be made for these lists. (2) All other requests which meet the criteria for the dissemination of information regarding students will be approved by the office of campus life; however, they will be assigned the lowest priority for computer time, and the requesting organization will be charged at the rate in effect at the time. In addition, output such as labels or printouts will be charged at the current forms cost. (3) The Family Rights and Privacy Act prohibits the giving of individual student grades to anyone other than faculty or staff acting within their capacity on legitimate university business. This would prohibit giving honoraries or any other student group individual student grades or a list of all students over a specific grade point average. The center for student involvement may, however, obtain a list of all students who meet the minimum academic standards for induction into the honorary and mail information provided by the honorary to the individual student group.
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Rule 3342-5-10 | University policy regarding copyrights.
(A) Policy statement. In accordance with the custom established in institutions of higher learning, the university has no interest in copyright ownership of works of employees and students or in royalties therefrom except when the work is prepared under contract with the university; when the work is created within the scope of university employment; or when the work is created through a direct and significant allocation of university resources to a specified project; in which cases it is the property of the university, unless the university expressly waives its rights thereto. (B) Implementation. The president shall promulgate policies and procedures implementing this policy.
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Rule 3342-5-10.1 | Administrative policy regarding copyrights.
(A) Purpose. It is the policy of the university to encourage appropriate scholarly and creative activity by faculty, staff and students. Foremost among these activities is the production of works disseminating the results of academic research or scholarly study. (1) Authors of copyrightable works are free to register the copyrights and publish these works as their own except where the work is a "work made for hire." (2) University resources are to be used solely for university purposes and not for personal gain or personal commercial advantage, nor for any other non-university purposes. (B) Definitions. (1) Work made for hire. A "work made for hire" is a legal term defined in the copyright act as "a work prepared by an employee within the scope of his or her employment," or certain works "specially ordered or commissioned" if the parties so agree in writing. This definition is taken to include works prepared by employees as a result of sponsored agreements between the university and outside agencies. For copyright purposes, the employer by law is the author, and hence the owner, of works made for hire. The creator of a work is therefore not the copyright owner in the following instances: (a) The work is created within the scope of employment. This definition includes: (i) Any copyrightable work created as a specific responsibility of the position for which the employee is hired; (ii) Any copyrightable work, other than the results of academic research or scholarly studies, created by a non-faculty employee during working hours or as a result of use of university resources which are available only by virtue of employment status; or (iii) Any copyrightable work created through a direct and significant allocation of university resources to a specified project. (a) University resources include, but are not limited to, staff time, equipment, funds, release time from assigned duties, and computer usage. (b) A "direct and significant allocation of resources" is defined as a requested and approved allocation of resources not normally available to all members of an employee's unit, or significant utilization of specialized distributed learning facilities and equipment. (b) The work has been specifically commissioned or ordered by the university, and a written agreement specifying copyright ownership has been executed prior to the completion of the work; or (c) The work is created under a sponsorship/contractual agreement with copyright provisions defining the ownership of copyrights. (C) Scope of copyright law. (1) Tangible medium. Copyright protects the original works of authors as expressed in a tangible medium. Literary works (including computer software); musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audio-visual works; and sound recordings are the major categories of works that are included within the protection of the copyright law. Copyright protection does not extend to any idea, process, concept, discovery, system, program logic, algorithm or the like. It is the expression which is protected. Neither the idea nor the object in which the expression is embodied is protected by copyright (U.S.C. Title 17, section 102). For example, a written description of a manufacturing process is copyrightable, but the copyright prevents only unauthorized copying of the description; the process described can be freely used unless it enjoys some other protection, such as a patent. (2) The copyright owner has the exclusive right to produce copies of the work, prepare derivative works, distribute copies by sale or otherwise, and display or perform the work publicly (U.S.C. Title 17, section 106). The above-mentioned rights may be sold or licensed separately. (D) Procedures. (1) Copyright ownership - personal copyrights. (a) Personal works. Works made by university authors, but not made for hire nor made within the scope of employment, are the property of the authors. This category includes the results of research and scholarship, and artistic and creative works such as novels, poems, compositions, paintings, computer software and audio-visual materials (not developed with significant utilization of specialized distributed learning facilities and equipment). Confirmation that a work was not made within the scope of employment can be requested from vice provost and dean of research and graduate studies. (b) Contributed works. At the request of the authors, the vice provost and dean of research and graduate studies may accept for the university ownership of personal works donated by university authors. These works may then be registered in the name of the university at its option. The authors must execute a written copyright agreement confirming that the contribution has been made at their request. (2) Copyright ownership - university copyrights. (a) Works made for hire. University copyright ownership in a work made for hire may be relinquished only by an official of the university specifically authorized to do so, in which case the university will retain non-exclusive royalty-free license to such works. (b) Works made within the scope of employment. (i) The copyrights for all works which are created within the scope of the author's university employment as defined in paragraph (B)(1)(a) of this rule, are the property of the university unless an appropriate copyright agreement form has been executed and approved releasing the work. Copyright agreement forms releasing university works are submitted to the office of research and graduate studies for execution by the university. (ii) The vice provost and dean of research and graduate studies, acting as agent for the university, is responsible for determining and then informing the authors of the work, whether the copyright of a work which is eligible to be registered in the name of the university will either be: (a) Released to the authors by the execution of appropriate copyright agreement forms; (b) Retained by the university for university purposes; or (c) Placed in the public domain with or without registration (iii) The general policy of the university is to register in the name of the university only those of its works which have potential for royalty return. (iv) In the absence of a written agreement to the contrary, all income from such works within the scope of employment is retained by the university. (c) Commissioned or specially ordered works. Under the law, the copyrights for all works in this category are the property of the author unless an agreement has been executed releasing the work. Therefore, a written copyright agreement shall be executed and approved prior to commencement of the work. The disposition of copyrights and royalties of works which are made after the execution of a written copyright agreement between the university and the authors shall be governed by that agreement. Ordered or commissioned works can be: (i) Author-initiated. Authors who request and receive direct and significant university support for the creation of their works, must enter into a written copyright agreement with the university. (ii) University-initiated. The university may specially order or commission the creation of works and will negotiate a written copyright agreement with the authors. University-initiated ordering or commissioning of works shall require the approval of the appropriate vice president. (d) Sponsored works. The disposition of the copyrights of works created by authors as an assigned university duty with support from an outside sponsor shall be governed by the sponsorship agreement provisions covering those copyrights. In the absence of a sponsorship agreement, sponsored works created by university employees shall be treated as works within the scope of employment. (See paragraph (B)(1)(a) of this rule.) (e) Compensation to the author. Compensation to the author may be made through one of several methods or a combination of them by means of an executed agreement under the authorization of the appropriate vice president or designee. Typical methods are as follows: (i) By released time of a specified number of semester hours of teaching for a specified period of time. (ii) By additional compensation in a specified amount chargeable to the unit which is sponsoring the material either from the standpoint of their use or production; (iii) By compensation for a specified time and amount during a period when the author is not regularly employed, such as summer sessions; and (iv) By a share of the royalties, if any, which accrue from the use and sale of the work in accord with the university's guideline for distribution of license and royalty income. (f) All publishing agreements and royalty-bearing licenses relating to university copyrights must be executed by the office of research and sponsored programs. (E) Appeal. This policy and standard copyright agreement forms cover the normal author-university relationships. In case of a disagreement, the author can appeal to the provost.
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Rule 3342-5-10.2 | Administrative policy regarding official university letterhead.
(A) The university has official letterhead stationery approved by the administration. (B) All offices and departments are to use the official letterhead for all off-campus communications. Except for formal or ceremonial purposes, letterhead stationery should not be used for intra-university correspondence. (C) The official letterhead is printed on rag bond, watermarked with the university seal, in the standard letter size of eight and one-half inches by eleven inches. (D) No letterhead will be personalized with an individual's name. (E) The university printing service on campus prints all letterheads. An approved list of offices and departments and their manner of designation has been given to the university printing service. No deviations from the approved list are permitted. (F) Matching envelopes are ordered through the purchasing agent. (G) Form letters using the university letterhead design should not be printed on rag bond paper. However, individualized form letters prepared using word processing equipment may use rag bond paper.
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Rule 3342-5-10.3 | Administrative policy regarding publications.
(A) Policy. All publications bearing the seal or imprint of the university must be processed by the publications and printing office. The publications and printing office is a resource office for all members of the university community and is concerned with quality of writing, design, printing techniques and economies of university publications. (B) Definitions of university publications. (1) "University publications" are defined as all printed materials paid for in part or wholly by university funds, including monies received by the university from federal grants and other special grants awarded to the university, including funds given for university purposes through the Kent state university foundation. (2) All university publications must be processed through the publications and printing office. This includes duplication of any materials which would constitute a major publication. (3) Special letterheads, business cards, brochures and flyers for special events and/or conferences should be treated as publications and processed through the publications and printing office. (4) It shall be the responsibility of the publications and printing office to review each publication request with regard to: (a) Production economies, and appropriateness of selected printer(s) and/or vendor(s); (b) Writing, design, and general format consistent with overall university quality and the "Chicago Manual of Style"; unless academic journal/publication requires another style manual; and (c) Duplication in editorial content or audience distribution. Customers are responsible for obtaining copyright privileges. Copyright releases are to be provided to the publications and printing office upon request. (5) In the event of difference between the originating department and the publications office regarding acceptability, the vice president for university relations and development will recommend a final decision to the major budget officer involved. The major budget officer is defined in rule 3342-5-10.301 of the Administrative Code. (6) Publications not processed through the publications and printing office are subject to immediate cancellation. If printed without processing they become the responsibility of the person originating the publication, including financial obligation. (7) Materials not to be processed through the publications and printing office include: (a) One-page materials to be photocopied within the department or by the university's copy center(s); (b) Printing for student organizations such as clubs, fraternities, and sororities, except when the university seal, official name or logo are used; (c) The "Daily Kent Stater" newspaper, the "Burr" magazine, and other publications funded through the student publications policy committee, the alumni magazine, and the "Inside" and "For the Record"; and (d) University press publications, except any marketing materials.
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Rule 3342-5-10.4 | Adminsitrative policy regarding social media activity.
(A) Policy statement. This policy applies
to all Kent state university employees who manage and/or participate in
maintenance of university social media account activity in platforms ranging
from, but not limited to, YouTube, Facebook, LinkedIn, Twitter, Google+,
Flickr, Instagram, Tumblr and Pinterest for the purpose of managing the
institutional brand and sharing institutional and departmental
information. (B) Scope. Employees and other members of
the university community who create institutional social media accounts and/or
are granted access to a social media account shall follow all policies, rules,
procedures and guidelines established to manage social media activity for
university accounts. This policy does not apply to personal social media
activities. (C) Implementation. (1) The division of
university communication and marketing is responsible for promulgating the
rules, procedures and guidelines for regulating the universitys use of
social media, including but not limited to the "guide to social
media" as amended. The division of university communications and
marketing shall monitor industry trends to support ongoing development of
university guidelines. (2) To achieve the
overall advancement of Kent state university's unique institutional brand
identity, as defined in the Kent state university positioning platform and
"guide to marketing," social media spaces and activity covered by
this policy, shall be governed by the guide to social media. (3) The division of
university communications and marketing shall assist departments, divisions and
all units covered by this policy in identifying noncompliant elements and shall
provide assistance to departments to bring departmental social media spaces
into compliance with this policy. (4) The divsion of
university communications and marketing shall be added as a social media
administrator for each departmental social media account for the purpose of
providing coverage during departmental transitions, which can result in lapses
of maintenance. (5) Copyright and
ownership of internet materials, whether original or derived works, created or
developed by Kent state university staff, faculty or students are prescribed by
Kent state university contractual agreements or policies regarding intellectual
property, including but not limited to rules 3342-5-11, 3342-5-10, 3342-5-10.1,
3342-5-10.2, and 3342-5-10.3 of the Administrative Code. (6) No social media
activity can contain any copyrighted or trademarked material without permission
of the copyright/trademark holder except as permitted by law. Photographs,
drawings, video clips or sound clips may not be used without permission of the
person who created them or the entity owning the rights where
applicable. (7) Other than basic
identification information described in the guide to social media, this policy
is not intended to regulate content. (8) Kent state university
institutional and departmental social media accounts and activity must adhere
to the terms of service established by each social media platform. (9) Institutional and
departmental social media accounts must include the institutional disclaimer
statement as provided for and provided in the guide to social
media. (D) Violations. Violations of this policy may result in the
revocation of an employees administrative rights to their respective
institutional or departmental social media accounts.
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Rule 3342-5-10.301 | Operational procedures and regulations regarding publications.
(A) Purpose. No office, faculty or staff member can purchase printing without initiating such action through the publications and printing office. Unless the request for printing is approved by the major budget officer and the manager of publications and printing, the purchasing department will not issue a purchase order to any vendor. (B) Authority. (1) All requests for printing of publications must be on the form initiated by the publications and printing office and must have signed approval of a major budget officer for that university division requesting the publication. (2) For the purpose of this rule, the major budget officers are the president; for academic area, the appropriate vice provost or dean; and the other vice presidents or designate of the other divisions of the university. (C) General procedures. (1) The originating department's representative must start at the publications and printing office for all printing work. Procedures are carried through from that point by the publications and printing office, including bid specifications, bid requirements, and the final issuance of a purchase requisition. (2) Publications that are done several times during the year may obtain a blanket publications approval request form for the fiscal year, beginning the first of July and ending the thirtieth of June. Publications, such as routine newsletters, commencement programs, and class schedules that receive a blanket publications approval for the fiscal year must still be initiated in the publications and printing office for its review. (3) Specifications for all publications generated in the publications and printing office. (4) Quality standards are to be determined by the publications and printing office, and all publications are expected to meet those standards before approval is given. Publications may be disapproved for reasons such as poor layout or design, poorly written copy, duplication of another publication, or excessive costs. (5) If and when differences arise between the originating department and the publications and printing office over such a non-approval, then the vice president for university relations and development will recommend a final decision to the major budget officer involved. (6) All contracts for printed material off campus shall be processed by the purchasing department pursuant to rule 3342-5-12.3 of the Administrative Code. (7) Specifications for contracts must be written by the publications and printing office and then submitted to the university purchasing department. (D) Procedures for publications by publications and printing office. (1) The publications and printing office must be provided with a description of the proposed publication, including such details as size, number of pages, paper, ink, quantity, number of photos and screens, bindery work, date needed, purpose, and university account number. (2) The publications and printing office assigns a request number. Specs are determined by the printing coordinator and one of the vendors selected by the university to print the various documents, letterhead, envelopes, brochures, newsletters, programs, schedules, and other types of printed materials. (a) A blanket publications approval request form for the year may be issued for publications that are done several times during the year, such as newsletters, commencement programs, and class schedules. (b) Departments utilizing the blanket publications approval request form must still have their publications reviewed by the publications office. (c) The standard ten working days for the completion of the job begins after the person/department requesting the job has signed the proof sticker in the box marked "okay to print" when a delivery date has not been specified. (d) Departments utilizing the blanket publications approval request form will follow procedures set by the publications and printing office. (e) Any changes in paper stock, ink, and design of the job, or changes made after the final sign off, will nullify the blanket publications approval request form. (3) This job, once approved by the requesting person/department, will be assigned a work order and a job number. The printing coordinator or a printing representative will track each job through the production period, providing a proof from the vendor. (4) Once the proof is signed as of "okay to print," the vendor will have ten working days to deliver the finished product to the person/department. When a delivery date has not been specified, other pick-up and delivery options will be made available. (5) Rush jobs must be approved in advance by the publications and printing office, and will depend on vendor availability.
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Rule 3342-5-11 | University policy regarding university sponsored education material.
(A) Purpose. This rule provides guidance on the creation and production of films, tapes, audio visual materials, audio materials, manuals, books, workshops, and other such items, which will stimulate faculty and staff interest in their production in such a manner that the materials can be shared within and outside the university. This should serve to clarify and protect the rights of the author and the university by defining which materials are designated as "university sponsored." (B) Definitions. University sponsored educational materials. "University sponsored educational materials" are those which the author or producer has been specifically commissioned in writing by the university, on appropriate university forms, to develop the materials and in their production has used some part of the time for which he received compensation from university administered funds or used substantial university resources. (C) Policy statement. (1) It is the policy of the university that the ownership of educational materials designated as university sponsored shall vest in the board. (2) The author of the university sponsored educational materials shall be compensated in accordance with a specific agreement. (3) The author shall retain the intellectual rights to the materials. (4) The rule is subject to contractual provisions of extramural grants and contracts if the materials are developed as part of a grant or contract activity. (5) Use of the materials for instruction at the university requires normal academic approval. (D) Compensation to the author. (1) Compensation to the author may be made through one of several methods or a combination of them by means of an executed agreement under the authorization of the provost, or designee. The methods are as follows: (a) By released time of a specified number of semester hours of teaching for a specified period of time; (b) By additional compensation in a specified amount chargeable to the unit which is sponsoring the material either from the standpoint of their use or production; (c) By compensation for a specified time and amount during a period when the author is not regularly employed, such as summer sessions; and (d) By a share of the royalties, if any, which accrue from the use and sale of the work. (2) Once having agreed to the amount and form of the compensation, the author receives the specified and agreed upon compensation regardless of the success or failure of the work commercially. (3) Appropriate accounting procedures shall be established to assure record of income and expenses for the purposes of royalty distribution, if any. (E) Administrative procedures suggested. (1) Establishment or designation of an appropriate university officer to handle and approve procedures including those for the agreement and provisions for copyright and licensing. (2) Establishment of an advisory committee to that officer.
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Rule 3342-5-11.1 | Administrative policy regarding videotapes, films, and slide presentations.
(A) Policy. All videos, films and slide presentations that are developed primarily for external public relations purposes and are presented as a production of Kent state university must be reviewed by the university video/slide review committee. It is not the intent of this rule to include those videos, films and slide presentations whose primary purpose is related to instruction, research or scholarship, or the professional activities of faculty, students and staff of Kent state university. (B) Policy. All videos, films and slide presentations that are developed primarily for external public relations purposes and are presented as a production of Kent state university must be reviewed by the university video/slide review committee. It is not the intent of this rule to include those videos, films and slide presentations whose primary purpose is related to instruction, research or scholarship, or the professional activities of faculty, students and staff of Kent state university. (1) Writing and general format consistent with overall university quality; (2) Taping and editing consistent with overall university quality; (3) Duplication in editorial content or audience distribution; (4) Factual information. (C) University videotapes, films and slide presentations covered by this rule will include presentations paid for in part or wholly by university funds, including general fees such as student activity fees, and monies received by the university or the Kent State University foundation from federal, state, local, or private grants. (D) This rule will also apply to making duplicate copies of any materials subject to this rule, unless excluded by paragraph (E)(1) of this rule. (E) Examples of materials not to be processed through the university video/slide review committee include: (1) Reproductions (dubs) of videotapes previously approved by the university video/slide review committee; (2) Internal TV-2 productions; (3) Classwork assigned to students (unless to be distributed outside the university); (4) Video/slide/film presentations produced for instructional use in the classroom; (5) Video/slide/film presentations produced for research or scholarly purposes or for professional presentations; (6) Tapes produced by teleproductions for channels 45/49; (7) Video/slide/film presentations to be used for in-service training of university personnel; (8) Coverage of university-organized news conferences and news events. (F) Videos, films and slide presentations subject to this rule not reviewed by the university video/slide review committee are subject to immediate cancellation. If produced without review, they become the responsibility of the person originating the video, film or slide presentation, including financial obligation. (G) In the event of differences between the originating department and the university video/slide review committee regarding acceptability, the vice president for institutional advancement will recommend a final decision to the major budget officer of the division originating the request.
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Rule 3342-5-11.101 | Operational procedures and regulations regarding videotapes, films, and slide presentations.
(A) All requests for videotapes, films, or slide presentations covered by this rule shall be reviewed by the university video/slide review committee. (B) Cost estimates for videotapes and slide presentations are written by the instructional resources center, teleproductions and/or AV services, respectively. When the instructional resources center is working with teleproductions on a video, a joint-estimate will be written. (C) No department, faculty or staff member may produce a videotape, film or slide presentation subject to this rule without initiating such action through the university video/slide review committee. Unless the request for videotapes, films and slide presentations is approved by a major budget officer and the university video/slide review committee, the request to produce a videotape, film or slide presentation will be denied. (D) The originating department's representative must start at teleproduction's office for videotape-related productions or AV services for slide presentations. The instructional resources center primarily produces videos for the college of education. Procedures are carried through from that point by the university video-slide review committee. (E) All requests for videotapes/slides/films must be submitted on the form issued through the instructional resources center, teleproductions or AV services and must have signed approval of the major budget officer for that university division requesting the videotape, slide/film presentation. (F) The instructional resources center, teleproductions, or AV services will be responsible for notifying and scheduling a meeting of the video/slide review committee. Individuals producing films are responsible for notifying and scheduling a meeting of the video/slide review committee. (G) For the purpose of this rule, the major budget officers are the president; vice presidents of the university; and for academic and student affairs, the appropriate dean or vice provost. (H) Quality standards are determined by the university video/slide review committee, and all videotapes/slides/films are expected to meet those standards before approval is given. Videotapes/slides/films may be disapproved for many reasons, such as poor quality of videotape or images, inaccurate information, poorly written copy, poor sound quality, or poor format duplication of another videotape or slide presentation. (I) If and when differences arise between the originating department and the university video/slide review committee over such a disapproval, the vice president for institutional advancement will recommend a final decision to the major budget officer involved. (J) Procedures for video/film slide presentations. (1) Teleproductions (video request) or AV services (slide presentation request) must be provided with a written description of the proposed video/slide presentation, including such details as proposed length and purpose. The instructional resources center must provide the university video/slide review committee with a written description of the proposed video presentation, including such details as proposed length and purpose. (2) The instructional resources center, teleproductions or AV services then determines a cost estimate, completes the approval request form and transmits a copy to the requesting department. (3) The requesting department must have the approval request form signed by the departmental head or chairperson and the appropriate major budget officer. (4) The major budget officer and the departmental head or chairperson each retain one copy of the approval request form and the instructional resources center (video), teleproductions (video), or AV services (slide presentation) retains the third copy. Photocopies of the signed approval request form are forwarded to the university video/slide review committee. (5) The university video/slide review committee shall proceed with approving or denying the request. A majority decision of the committee is needed for the request to be processed further. (6) After the request has been initially approved, the university video/slide review committee will be given the script, if applicable, for its approval or denial. A majority decision of the committee is needed for the request to be processed further. (7) Once the videotape/slide/film presentation has been produced, the university video/slide review committee will review the production or presentation. A majority decision of the committee is needed for the request to be processed further. (8) When it has been determined that the videotape, film or slide presentation meets university specifications and standards, the director of university news and information representative on the university video/slide review committee will stamp the form "approved by university video/slide review committee."
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Rule 3342-5-12 | University policy regarding guidelines for the use of grounds, buildings, equipment, and facilities.
Purpose. The president is directed to include specifically in his duties of general supervision the duty to regulate the use of grounds, buildings, equipment, and facilities of the university and the conduct of the students, staff, faculty, and visitors to the campus so that law and order are maintained and the university may pursue its educational objectives in an orderly manner pursuant to the policies and regulations passed by the board and the laws of the state of Ohio.
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Rule 3342-5-12.1 | Administrative policy regading space and space programming.
(A) Purpose. All physical facilities of the university,
including space for activities, are the property of the state of Ohio and are
subject to all regulations governing the operation and use of
such. (B) Scope. This policy applies to all university owned,
operated, or leased property (collectively "university
property"). (C) Definitions. For the purposes of this policy,
"space" means the physical facilities on university property
assigned in accordance with this policy to a university division, college,
school, or other academic or administrative unit. Allocations for student organizational use is exempted from this
rule, as such space is provided at the discretion of the vice president, or
dean of a college or regional campus responsible for the physical facility in
which the student organization is or would be located. (D) Authority and responsibility. Ultimate authority for space planning and the assignment of space
rests with the president, who retains the right to review any actual or
proposed allocation. The president delegates the oversight and administration
of this rule to the senior vice president for finance and administration. Space
assignments and allocations of university property may be expanded, relocated,
compressed or eliminated at the sole discretion of the senior vice president
for finance and administration, or designee as provided herein, subject to
appeal as provided for in this rule. (E) Space planning advisory committee (SPAC). (1) The SPAC shall be responsible for reviewing space
planning, allocation, and/or assignment issues affecting existing space on
university property. (2) The committee shall be jointly chaired by the associate
vice president facilities, planning and operations and the senior associate
provost. Members of the SPAC shall be appointed by mutual agreement of the
chairs. (3) The committee shall be comprised of twelve additional
members appointed as follows: one member each from student affairs, information
services, human resources, and institutional advancement, two campus deans, two
academic departmental chairs or directors, the vice president for the regional
campus system, two faculty representatives (one member to be selected from
nominations submitted by the faculty senate and one at-large member), and one
student representative to be selected from nominations submitted by both the
undergraduate and graduate student governmental bodies. (4) The university registrar will serve as an ex-officio,
nonvoting member. The chairs may also appoint such other ex-officio members as
deemed necessary. (5) The committee will meet at regular intervals to review
facility requests and to make recommendations to the senior vice president for
finance and administration regarding the six-year capital plan, renovation
priorities, space-utilizations standards and practices, and space-assignment
issues. (F) Procedures. (1) Requests for space are limited to the following
circumstances: the request involves new space (temporary or permanent), the
request involves the space currently assigned to more than one college or
division, the request involves space that will involve occupancy by more than
one college or division, or the current or proposed space is a classroom,
lecture or seminar space, or laboratory. (a) Requests for space in
accordance with this rule shall only be initiated by a vice president, or dean
of a college or regional campus. (b) Internal
re-allocations of space within academic or administrative units are not
required to be submitted to the SPAC, as long as such re-allocations are
approved by the vice president, or dean of a college or regional campus
responsible for the physical facility in which the re-allocation will
occur. (c) Single use of campus
grounds or non-administrative or non-academic space for special events does not
require the approval of the SPAC. (2) Requests shall be submitted to both the senior
associate vice president for finance and administration and the senior
associate provost. All requests must be received in a timely manner in
consideration of any planning renovations, modification, or furniture
procurement required for the space, in addition to any class scheduling
concerns that may be associated with the space or its renovations and/or
modifications. (a) Requests shall
include the following information: (i) Building name and room or space numbers involved (for
requests associated with existing buildings). (ii) Proposed project title (for requests associated with
new facilities or assignment of land resources). (iii) Purpose of scope with supportive rationale for the need
and clear description of personnel and activities to be housed. (iv) Estimate financial impact including anticipated costs
for associated improvements. (v) Closing statement. (vi) Any supporting material shall be attached. (b) Each request shall be
reviewed by the office of the university architect to verify the project
feasibility. The office of the university architect will consult with the
university registrar as necessary. The feasibility evaluations will be
considered a required component of the submission. (c) The co-chairs of the
SPAC will determine if additional information is required by the ex-officio
members or the applicant prior to meeting with the full committee. (d) At the conclusion of
its review, SPAC shall deliver a written recommendation to the senior associate
vice president for finance and administration, who in turn, may further consult
with the president and provost. The senior associate vice president for finance
and administration shall deliver the final written decision to the requestor,
within 30 days of receipt of request. The written decision shall indicate
whether the request is: (i) Approved, (ii) Conditionally approved, (iii) Recommended for later consideration, or (iv) Rejected by the senior associate vice president for
finance and administration, within thirty days of submission to the full
committee. The person or department initiating each request will be notified by
the SPAC of the action taken. (3) Space programming. (a) The office of
university architect will be responsible for preparing all space programming
including the room relationships and sizes. (b) The office of the
university architect will be responsible for preparing and maintaining the
university guidelines and standards for general building design requirements
including office sizes (based on occupant and use), teaching/research space
sizes and capacities. The standards will promote efficient use of all
university spaces and allow for future adaptive uses when
appropriate. (c) All space programming
will be submitted to the SPAC for review prior to final submission to the
responsible dean, provost or division head.
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Rule 3342-5-12.2 | Administrative policy regarding storage and receiving.
Policy statement. The university supply center shall receive all supplies and equipment, store same as is required, make proper accounting, maintain inventory records, make distribution to the various offices and departments of the university, and authorize, insofar as delivery and condition are concerned, the payment for all supplies and equipment. The university supply center is authorized to approve direct shipments to departments as appropriate, contingent upon acceptable standards of receiving and reporting by the departments.
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Rule 3342-5-12.3 | Administrative policy regarding acquisition, inventory control, and sales or other disposal of university property.
Effective:
September 14, 2020
(A) Policy purpose. The purpose of this policy is to
document the responsibilities and requirements related to capital asset
handling and recordkeeping of university property, including capital assets.
The associate vice president for facilities planning and operations is
responsible for the administration of this policy, as well as the development,
implementation, and communication of the procedures necessary for the sale
and/or disposition of university property as provided herein. (B) Definitions. (1) University property. All materials, supplies, and
equipment owned or leased by Kent state university, including capital assets,
regardless of the means of acquisition (2) Capital asset. Any tangible personal property such as
equipment, furniture, or other assets with a value of five thousand dollars or
more, including all costs to prepare the asset for use (installation, shipping
and handling, etc.), and an estimated useful life in excess of one year. This
definition excludes library books and real property. Real property is land and
any assets attached directly to land such as buildings and building
improvements. (3) Surplus university property. University property that
is in excess of department needs, no longer in use by the department,
technically or mechanically obsolete, no longer functional, or has no intrinsic
value. (4) Unit. Officially recognized administrative structures
of the university such as campuses, colleges, schools, departments, offices,
institutes, and centers. (5) Campus surplus. A subdivision of university facilities
management delegated by the associate vice president for facilities planning
and operations to be responsible for the distribution, sale, or disposal of
university property. (C) Scope and eligibility. This policy applies to all
university property purchased or leased with Kent state university funds or
funds within the control of Kent state university. This scope of this policy
does not include the sale and other disposal of motor vehicles owned or leased
by the university for which university fleet services retains sole control and
authority. (D) Procedure and implementation. (1) Acquisition. All university property must be procured
in accordance with applicable university policies including but not limited to
rules 3342-7-12 and 3342-7-12.1 of the Administrative Code. (a) Capital asset
identification. Upon delivery and/or installation and prior to being placed in
service, all capital assets must be tagged and assigned an inventory control
number by the controllers office in the division of finance and
administration. The unit acquiring the capital asset is responsible for
affixing the tag to the asset and completing the related documentation to
provide to the controllers office. (b) Inventory control.
Each unit is responsible for the university property under its control,
including applicable maintenance and repair. Capital asset verification. The
components of inventory control include recordkeeping and maintenance of
assets. Recordkeeping for capital assets shall be administered through the
controllers office. The acquiring unit is responsible for maintaining
the capital asset in a location and manner to avoid damage, theft, or other
loss of the asset. The acquiring unit is also responsible for performing a
physical inventory of all tagged capital assets every two years in order for
the university to maintain compliance with applicable federal and state
regulations. The bi-annual inventory is initiated by the controllers
office and the acquiring unit is responsible for verifying that every capital
asset listed on the report is still present in the unit and in good working
order. The unit shall notify the controllers office of any changes in
the capital asset status or location. (2) Sale of university property, including capital assets.
All university property must be sold or otherwise disposed of in accordance
with this policy. Units are not permitted to sell or otherwise dispose of
property in any other manner not provided for by this policy. (a) Sale of university
property acquired with university funds (not from grants or sponsored
programs). Campus surplus is responsible for the sale of university property by
one of the following methods: (i) Redistribute to another unit of Kent state university
as surplus university property; (ii) Pursuant to competitive bidding procedures with the
university property being sold to the highest bidder; (iii) In an advertised public sale or auction with the
applicable university property having a price assigned and sold or auctioned to
the public at a stipulated time and place. Net proceeds from the sale of
surplus property will be used to financially sustain the staffing and overhead
costs of the campus surplus operation. For items with a resale value over two
thousand five hundred dollars, a minimum of seventy-five per cent of the net
proceeds will be credited to the releasing department, with the remaining per
cent credited to campus surplus (with exception to regional campuses and
college of podiatric medicine, where campus surplus shall only be credited with
ten percent of the net proceeds or a flat twenty-five dollar fee, whichever is
more); or (iv) Exceptions must be approved by the associate vice
president for facilities planning and operations. For all capital assets, the
unit is responsible for notifying the controllers office of the sale or
disposal of any capital asset, but the unit is not permitted to transact a
capital asset sale or other disposal. (b) Disposal of surplus
university property acquired with university funds (not from grants or
sponsored programs). Surplus university property not redistributed within the
university or sold via public sale or other methods provided for in paragraph
(D)(3)(a) of this rule may be disposed of in the way most economical for the
university. Campus surplus shall be responsible for all surplus university
property received, and shall have the sole discretion to determine its
appropriate disposal for maximum benefit to the university, including scrap.
(c) University property,
including capital assets, acquired with funds from sponsored programs. Special
recordkeeping and disposal requirements often apply to university property
purchased under a federal award or other sponsored program. In cases where the
terms of the grant or contract are more restrictive than university policy,
those terms shall govern. In cases where the requirements imposed are less
restrictive, university policy shall apply. Disposition of sponsored program
assets must meet all university and sponsor requirements and be coordinated
through the office of sponsored programs to ensure appropriate approval before
the university controllers office and procurement department will give
final approval. In the event of relocation of a principal investigator (PI) to
another institution, the PI may be permitted to transfer equipment from the
PIs ongoing grant(s) or contract(s) with prior approval of the
appropriate university authority in conjunction with the terms of the grant(s)
or contract(s). Additionally, it is the PIs responsibility to work with
the university controllers office and the procurement department to
ensure that all university asset disposition requirements have been met prior
to physically transferring the equipment. Additional details regarding
requirements specific to sponsored programs are provided for in rule
3342-10-03.1 of the Administrative Code. (d) Donations or sales of
university property, including capital assets, to private individuals,
for-profit organizations, or other state employees are prohibited unless sold
in accordance in with paragraph (D)(3)(a)(iii) of this rule. (E) Prohibition. In accordance with the conflict of
interest policy provided for in rule 3342-6-23 of the Administrative Code,
university employees may not personally benefit from the sale of
university-owned material or equipment. (F) Reporting and records. Campus surplus shall maintain
all records of sales and other disposals of university property as provided for
by this policy. (G) Violation. Any violation of this policy may result in
the department being subject to supervised inventory control measures and any
person who violates this policy may be subject to disciplinary actions up to
and including termination.
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Rule 3342-5-12.4 | Administrative policy regarding event registration and use of university facility and grounds.
Effective:
September 1, 2019
(A) Purpose. This policy serves to provide the
administrative process for event registration of university facilities and
grounds, as well as the conditions under which unregistered, non-exclusive use
of university grounds may be permitted. Each regional campus shall comply with
this rule as it may apply to event registration and use of its facilities
and/or grounds. (B) Scope. This policy applies to members of the university
community (students, employees, registered student organizations, departments,
and affiliates) as well as to individuals outside the university community
(i.e., non-university parties) engaged in non-instructional use of university
facilities and/or grounds. (C) Definitions. The following definitions shall apply to
this policy: (1) Event. Any use of university facilities or grounds the
must be registered under this policy. (2) Registration. The formal process for reserving use of
university facilities and/or grounds. (3) Registered student organization. A student organization
registered with the university pursuant to rules 3341-4-11, 3342-4-11.2, and
3342-4-11.201 of the Administrative Code. (4) Department. A general term used in this policy to refer
to the relevant office, department, center, school, college, division, etc. of
the university. (5) Affiliates. Non-university entities that have a formal,
recognized affiliation with Kent state university and provide support and
services essential to the mission of the institution. (6) Sound amplification equipment. Any device used to
amplify sound. Sound amplification equipment as defined in this policy is
further regulated by rule 3342-4-03.303 of the Administrative Code.
(7) Facility. A general term used in this policy for any
building, structure, or facility owned or operated by Kent state university.
(8) Grounds. A general term used in this policy for any
outdoor areas on Kent state university property. "Certain available
university grounds" shall mean areas identified by university events and
conference services as available for exclusive use upon registration as
provided for in this rule. (9) Non-university party. Members outside the university
community including, but not limited to: alumni, visitors, non-students,
non-employees, and entities or organizations not registered through the Kent
state university center for student involvement. (D) Implementation. Any individuals or entities, including
but not limited to registered student organizations, university departments,
affiliates, and/or non-university parties, shall comply with this rule
regarding use of university facilities and/or grounds. (1) Use of university facilities for instructional purposes
takes precedence over all other uses. The office of the registrar is
responsible for scheduling university facilities for instructional purposes.
(2) The vice president for student affairs, through the
office of university events and conference services ("UECS"), shall
be responsible for developing, implementing, posting, and revising the policies
and procedures for registering use of all available university facilities
and/or grounds on the Kent campus of Kent state university. Each regional
campus dean shall be responsible for creating similar policies and procedures
consistent with this rule. (E) Application. (1) An event requiring use of university facilities or
grounds shall not be considered "registered" until approved by UECS
and such approval is communicated to the applicant. (2) Inside. UECS, or the equivalent regional campus office,
shall be responsible for the registration of all non-instructional events in
university facilities. All non-instructional use must be registered through
UECS, or the equivalent regional campus office. (a) All events occurring
inside a university facility must be: (i) Sponsored by a registered student organization or
university department. The registered student organization or university
department sponsoring the event shall be responsible for such facility use fees
as currently published by UECS, or equivalent regional campus office;
(ii) Registered through the process provided by UECS, with
the request submitted in accordance with the time periods as published on the
UECS or the equivalent regional campus office website. Material changes to
registered events must be communicated to UECS, or the equivalent regional
campus office, in writing no later than the date provided by UECS at the time
of approval; and (iii) Organized and conducted in compliance with applicable
provisions of the Revised Code and Administrative Code, including but not
limited to section 2917.40 of the Revised Code, as well as any applicable
university policies. (b) Signs attached to
rigid supports or framework are prohibited inside university facilities.
(3) Outside. Events occurring outside on university grounds
shall be subject to the following provisions: (a) Exclusive use. In
order to secure exclusive use of certain available university grounds for an
event, the event must be registered through the process provided by UECS, or
the equivalent regional campus office. (i) The university department, registered student
organization, affiliate, or non-university entity, registering the event shall
be responsible for such facility use fees as currently published by UECS, or
the equivalent regional campus office on the website. In the case of an
individual, the individual registering the event is personally responsible for
such fees. (ii) Requests for exclusive use of certain available
university grounds for an event must be submitted to UECS in accordance with
the time periods published on the UECS, or the equivalent regional campus
office website. Material changes to registered events must be communicated to
UECS, or the equivalent regional campus office, in writing no later than the
date provided by UECS at the time of approval. (iii) The event must be organized and conducted in compliance
with applicable provisions of the Revised Code and Administrative Code,
including but not limited to section 2917.40 of the Revised Code, as well as
any applicable university policies. (iv) Priority for registration of events on university
grounds shall be reserved for registered student organizations and university
departments. (b) Unregistered,
non-exclusive use. Members of the university community and non-university
parties may engage in unregistered, non-exclusive use on university grounds
provided that no sound amplification equipment is utilized, no temporary or
semi-permanent structures are constructed or erected, and the use of university
grounds is not intended to be exclusive. Individuals or entities engaged in
unregistered, non-exclusive use must also comply with the following provisions:
(i) Time blocks. Unregistered, non-exclusive use of
university grounds shall be regulated by one hour blocks of time. Should a
registered event not assert or assume use of the space at the beginning of its
registered period of time, the unregistered, non-exclusive use may continue for
an additional one-hour block of time, or until such time as the registered
event asserts or assumes its registered use, whichever is shorter. Time blocks
begin with the beginning of the hour. (ii) Notice. When possible, individual and/or entities
engaging in unregistered, non-exclusive use should provide advanced notice to
UECS, or the equivalent regional campus office, so as to avoid scheduling
conflicts regarding existing registered events on campus. Events registered
through UECS, or the equivalent regional campus office, have priority and
exclusive use of university grounds over unregistered, non-exclusive use of
university grounds. (4) Prohibitions. Any use of university facilities or
grounds may not: (a) Significantly
obstruct ingress and egress from any accessible point in a building, facility,
or public way; (b) Significantly
obstruct or disrupt the functions of the university including, but not limited
to, teaching, research, administration, public service or other registered
events; or (c) Significantly
obstruct the free flow of pedestrian or vehicular traffic. (5) Suspension and termination. Any use of university
facilities or grounds under this policy may be temporarily suspended or
immediately cancelled at the discretion of the director of public safety, or
designee, in the occurrence of one or more of the following conditions:
(a) The event or a
participant at the event threatens to immediately and materially disrupt the
normal activities and/or functions of the university; (b) The event or a
participant at the event engages or threatens to engage in immediate unlawful
criminal activities; (c) The event or a
participant at the event threatens the immediate health and safety of others,
or poses an immediate and credible danger to the university community.
(F) Violation and sanctions. Events or use in violation of
any provision within this rule as determined by a university official appointed
by the vice president for student affairs or regional campus dean may be
immediately cancelled upon notice. Any person failing to comply with a lawful
order following such cancellation may be subject to applicable legal action
and/or disciplinary sanctions. (G) Appeal. Any individual, registered student
organization, university department, affiliate, or non-university party may
appeal a decision made under this policy to the vice president of student
affairs in writing no later than thirty days following the date of the
applicable decision was communicated to the aggrieved party. The decision by
the vice president for student affairs shall be final.
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Rule 3342-5-12.5 | Administrative policy regarding assignment or automobiles.
(A) All University vehicles are to be acquired in compliance with university purchasing policy maintained in rule 3342-5-12.3 of the Administrative Code. (B) Automobiles, excluding gifts in kind, are to be selected with participation and guidance from the procurement department in accordance with this policy. (C) Employees eligible for university provided vehicles shall include the president, executive officers, and other university employees, as approved by the president. The appropriate department head, director, dean, or other administrator responsible for authorizing the assignment or use of the vehicle may require that the operator meet additional standards not mentioned in this policy. (D) All university employees who operate motor vehicles owned or leased by the university shall have the validity of their operator licenses reviewed on an annual basis. The department head, director, dean, or other administrator responsible for the employees respective department shall provide the Kent state university department of public safety a list of names and operator license numbers of all employees authorized to operate motor vehicles owned or leased by the university. The department of public safety will check the validity of the employees licenses through the bureau of motor vehicles of the state of Ohio or other appropriate state. The director of public safety shall notify the appropriate submitting administrator of any employee not properly licensed to operate a motor vehicle. The employees department shall be responsible for the cost of the license validity check.
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Rule 3342-5-12.6 | Administrative policy on student organization use of university and rental vehicles.
(A) Policy statement. As a condition of being recognized by Kent state university as a registered student organization within the center for student involvement, each student organization expressly agrees only to use vehicles provided by the university fleet services or through a university-sponsored rental company, and to be subject to all university policies and procedures regarding such activity including but not limited to this rule and rule 3342-5-12.601 of the Administrative Code. (B) Definitions. (1) For the purposes of this policy, "university-sponsored rental company," shall mean a company engaged by the university in a formal agreement for the provision of rental vehicles for the use of official university business and programming. (C) Scope. This policy applies to all formally registered student organizations under university policy, including but not limited to, rules 3342-4-01.2 and 3342-4-01.201 of the Administrative Code. (D) Implementation. (1) Prohibition. Registered student organizations are prohibited from using, renting, or otherwise procuring fifteen-passenger vans for any organization event, activity, or purpose whatsoever, whether from the university fleet services, university-sponsored rental company, or other third-party. (2) Authorization. Authorization for in-state travel will be made by the center for student involvement. Authorization for out-of-state travel will be made jointly by the center for student involvement and the associate vice president and dean of students. Authorization will be considered only when the criteria listed below are met. (3) Criteria for use of university and rental vehicles by student organizations. (a) This policy applies only to the use of university vehicles and rental vehicles by registered student organizations. (b) In order to proceed with the approvals required for the use of university vehicles and rental vehicles under this policy, the registered student organization must demonstrate to the center for student involvement that it has sufficient finances to cover the cost of vehicle usage/rental. (c) All operators of the vehicle must be registered students, eighteen years of age with valid U.S. operator's licenses. Passengers in the vehicle must also be current students, staff, faculty, or other persons participating in official university programs on the campus. All participants must sign any other forms as may be required by from the center for student involvement prior to departure. Such forms must be turned in to the center for student involvement prior to departure by the student organization. (d) The organization must receive approval for use of a university or rental vehicle by the center for student involvement. Approval will be granted solely on the basis of whether the intended use of the university or rental vehicle pertains to the official business of the university and all the above criteria are met. (4) Any authorization granted by the university in accordance with this policy is solely for the purpose of ensuring that the student organization has followed the procedures set forth herein and any such authorization and shall not be interpreted to mean that the university has in any way reviewed, approved or consented to the circumstances of the travel itself, or has agreed in any way to be responsible for any actions taken by the student organization, driver, passengers, or any third party during the course of the travel. (E) Violations. Student organizations, or members thereof, found in violation of this policy may be subject to loss of registration provisions under paragraph (E) of rule 3342-4-01.201 of the Administrative Code or may be subject to further disciplinary action under the student code of conduct including, but not limited to, rules 3342-4-02 and 3342-4-02.1 of the Administrative Code.
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Rule 3342-5-12.7 | Administrative policy regarding persona non grata status for nonstudent visitors.
Effective:
January 1, 2016
(A) Purpose. This administrative policy and procedure is established to provide a fair and objective process by which to resolve nonstudent visitor behavior deemed detrimental to the university community. (B) Definitions. (1) Persona non grata. For the purposes of this rule, "persona non grata" means that an individual is no longer permitted to be present on specified university property facilities. (2) Nonstudent visitor. For the purposes of this rule, "nonstudent visitor" means any individual who is not a student subject to paragraph (C)(1) of rule 3342-4-02 of the Administrative Code nor an employee of the university acting within the scope of his or her employment. (a) Persons who had been enrolled at the university but who have graduated or transferred are classified as nonstudents. Persons who have been admitted to the university either for credit or noncredit, but are not currently enrolled are to be classified as students. (b) It is intended that this rule provide a means for regulating the behavior of all persons, except university employees acting within the scope of their employment, who are present on university property and who are not subject to the jurisdiction of the student conduct policy. Where doubt exists as to a person's status as a student, the individual may be charged under this rule and then later referred to student conduct if determined to be a student. In such instances, the notice herein, shall be used as the student conduct incident report. (3) Behavior detrimental to the university community. For the purpose of this rule, "behavior detrimental to the university community" includes but is not limited to actions by an individual which result in offenses against persons or property, disruption of university processes or programs, violation of a previous order given by a university official, a continuing pattern of violation of university rules and regulations after actual notice of the rules or falsification or misrepresentation of self or other information to a university office or official. (4) Notice. Certain university officials have been granted authorization to issue a notice of persona non grata status. This notice serves to initiate the persona non grata status. This notice informs the nonstudent visitor of the temporary persona non grata status from all university property and facilities pending a hearing and informs the nonstudent visitor of the rights and responsibilities pertaining to this procedure. (5) University hearing officer means an individual appointed by the vice president of student affairs to adjudicate and preside over the hearing provided for in this rule. Such position holds the sole authority as to the persona non grata determination as provided for in paragraph (D)(2)(c) of this rule. (C) Scope. This policy applies to all nonstudent visitors who have demonstrated behavior detrimental to the university community. This rule shall not be construed to limit the authority of administrative officials from taking action as may be warranted by the circumstances. (D) Procedure. (1) Notice. (a) A nonstudent accused of behavior detrimental to the university community shall be provided with notice that such behavior is not acceptable and may result in that person being denied the opportunity to be present on specified university property or facilities pending a hearing. (b) The notice shall contain: (i) Name, address, telephone number and email address of the nonstudent visitor. (ii) The university department or office who will arrange for the hearing to determine whether or not to place the nonstudent visitor on permanent persona non grata status. (iii) The location and phone number of that department or office. (iv) A specification of the alleged detrimental behavior. (v) The time limit within which a meeting with that department or office must be arranged. (vi) A warning that failure to arrange a meeting with the specified department or office within the limit will result in a determination as to persona non grata status being made without the accused being present. (vii) A warning that the nonstudent visitor is on temporary persona non grata status on all property or facilities of the university until the date and time, and pending the outcome, of the hearing. (c) The notice may be issued by the following university officials or their respective designees within the scope of the specified authorization contained herein: (i) The associate vice president of facilities planning and operations is permitted to issue notice of persona non grata status for behavior detrimental to the university demonstrated on university property of facilities; (ii) Facility curators are permitted to issue notice of persona non grata status for behavior detrimental to the university community demonstrated within their respective facility; (iii) Director of intercollegiate athletics is permitted to issue notice of persona non grata status for behavior detrimental to the university community demonstrated during an athletic event within or in the contiguous grounds of athletic facilities; (iv) Director of recreational services is permitted to issue notice of persona non grata status for behavior detrimental to the university community demonstrated within recreational facilities or at a sponsored event on university property; (v) Director of residence services is permitted to issue notice of persona non grata status for behavior detrimental to the university community demonstrated in residence services facilities; (vi) The director of public safety and all university policy officers are permitted to issue notice of persona non grata status for behavior detrimental to the university community; (vii) The dean of students is permitted to issue notice of persona non grata status for behavior detrimental to the university community; (viii) The regional campus deans are permitted to issue notice of persona non grata for behavior detrimental to the university community demonstrated on their respective campus or facilities; (ix) The Title IX coordinator is permitted to issue notice of persona non grata status for behavior detrimental to the university community pertaining to rule 3342-5-16.2 of the Administrative Code; and (x) The appointing authority of a suspended or separated employee of the university under Chapter 3342-6 of the Administrative Code is permitted to issue notice of persona non grata status for behavior detrimental to the univeristy community. (2) Hearing. (a) At the hearing arranged under paragraph (D)(2)(b) of this rule, the accused is entitled to know the nature and source of the evidence against the accused, to question any witnesses, and to present evidence including witnesses on behalf of the accused. If the accused chooses not to be present or participate, the process may nonetheless proceed. (b) All hearings shall be held in private. All hearings shall be recorded and the recording maintained as the official record of the meeting. The accused may be accompanied by another individual who may serve in an advisory capacity, but who may not participate directly in the meeting. (c) The university hearing officer shall hear and weigh all evidence presented. To place the accused on persona non grata status there must be a finding by the hearing officer based on a preponderance of the evidence that the alleged behavior occurred and that such behavior is detrimental to the university community. If such a finding is made, the hearing officer may take into consideration the reasons for such behavior and the likelihood of its recurrence. Based on these findings and considerations, the hearing officer may place the nonstudent visitor on persona non grata status for a period up to five years. (3) Notification of persona non grata status. (a) Notification shall occur, when possible, at the time of determination of such status. If not given at the time of determination of persona non grata status, notification should occur at the first opportunity by the best means available. (b) The restrictions imposed by persona non grata status shall take effect upon receipt of notification. (E) During the time that persona non grata status is in effect, permission may be granted by the vice president for student affairs (or designee) for entrance of the person on such status to the specified university locations for a specified purpose and time. (F) Appeal. (1) A written request for review may be made to the vice president for enrollment management and student affairs (or designee) at any time after a determination to impose persona non grata status has been made. (2) The review shall be limited to: (a) An examination of procedural errors which occurred in the persona non grata process; or (b) New evidence which became available after the hearing. (3) The persona non grata status shall remain in effect pending the decision on the review. A decision shall be rendered within thirty days of receipt of the appeal. The decision shall be final.
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Rule 3342-5-12.9 | Administrative policy regarding the use of skateboards, rollerblades, bicycles, and similar conveyances on campus.
Effective:
March 22, 2021
(A) Purpose. Skateboards, rollerblades, and bicycles can provide a recreational outlet and a convenient and economic method of traveling across an expansive campus. (B) Policy statement. It is expected that these conveyances will be operated in a proper manner with principal regard to the safety, well being, and right of way of pedestrians. It is in this spirit that certain reasonable restrictions are necessary. (C) Restrictions. The use of skateboards, rollerblades, and bicycles is prohibited inside all university facilities and outside on all steps or stairways. The use of skateboards is prohibited in Risman plaza. Any person who operates a bicycle on campus is expected to comply with and is subject to any state or local ordinances or campus regulations pertaining to the operation of bicycles
Last updated July 12, 2021 at 7:39 PM
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Rule 3342-5-12.11 | Adminsitrative policy regarding recording of university property for a commercial or other non-university related purpose.
(A) Policy statement. Any individual or
entity seeking to utilize university property, facilities, personnel and/or use
identifiable university landmarks/ buildings/logos for a commercial or other
non-university initiated purpose must submit a written proposal to the
university at least two weeks prior to the expected date of arrival on campus.
The vice president for university relations, or such designee as provided for
herein, is responsible for the implementation of this policy. (B) Scope. This policy applies to any
individual or entity seeking to record images, video and/or sound through film
or other electronic means for a commercial or other non-university initiated
purpose. Entities exempt from the policy include: (1) Kent state university
teleproductions work for channels 45/49; (2) Student media subject
to rule 3342-4-12.1 of the Administrative Code; (3) Media, university or
community members capturing content at university-organized news conferences
and media events; (4) Students whose work
is for class assignments; (5) Employees or others
assigned to produce recordings for classroom, research, scholarly purposes,
professional presentations or in-service training. (C) Authority. The vice president for
university relations, or designee responsible for university communications and
media relations, has the authority to negotiate or waive part or all of the
procedures in this policy upon written request if the production meets the
following criteria: (1) Utilizes limited
public property; (2) Requires limited
university personnel and/or management; (3) Does not involve recorded
participation of any university students, staff members or faculty, unless such
individual has provided consent to the production in writing; and (4) Adheres to all privacy laws and
policies. (D) Implementation. (1) Any individual and/or
entity not exempted under paragraph (B) of this rule must provide a proposal in
writing to the senior vice president for strategic communications and external
affairs, or designee responsible for university communications and media
relations, at least two weeks prior to the expected date of arrival for
on-campus activities. The request should be addressed to vice president for
university relations, or designee responsible for university communications and
media relations, and should be sent electronically to filmingrequests@kent.edu.
(a) The written proposal shall contain the following information,
as applicable: (i) Name of the chief
executive officer and/or president of the production entity and/or firm that
will be held liable for any expenses beyond normal university functions, damage
to university property or facilities and/or physical harm to university
employees; (ii) Proof of insurance
at an amount commensurate to the activities proposed, including the type of
coverage; Kent state university must be named an additional insured;
(iii) Name of the
individual(s) to be responsible for the project, if approved, who will be
physically present during the recording process; (iv) Detailed description
of production to be recorded on campus; (v) Detailed description
of facilities needed; university property needed; electrical and other utility
specifications; proposed locations (inside and outside) for recording and
set-up as well as the anticipated number of parking permits, if applicable;
(vi) Proposed hours,
days and weeks the film/video crew will be on campus; (vii) Proposed hours,
days and weeks the film/video crew will be utilizing each proposed facility,
university property and locations (inside and outside) for recording and
set-up; (viii) Proposed air date
and name of organization and/or network airing the proposed film/video;
(ix) Any additional
permits required by state and/or federal authorities. (b) The written proposal shall be accompanied by a one hundred
dollar processing fee. The check must be made out to Kent state university.
(c) The written proposal shall be reviewed by the executive
director, university media relations, or a media relations designee, for
completeness. (d) The executive director, university media relations, or
a media relations designee, shall ask that further information be submitted in
writing if the proposal is incomplete. (e) The executive director, university media relations, or
designee, may consult with the office of general counsel, director of public
safety, and/or the vice president for university relations as needed, depending
upon the scope of the proposal. (f) The vice president for university relations, or
designee, shall consult with executive cabinet to determine if the proposal
will severely impact the university's mission to educate students and
conduct scholarly research, its students and employees, and/or its physical
plant. (2) Upon approval of the
written proposal, executive director, university media relations, or media
relations designee, shall work with the individual and/or entity to negotiate,
prepare, and finalize all written agreements required prior to the commencement
of activities subject to this rule. All agreements under this rule, including
location agreements, shall be executed by the vice president for university
relations; or may be executed by the executive director, university media
relations for productions not exceeding forty-nine thousand dollars in value to
the university. Any such agreement shall include, without limitation, the
following: (a) Upon completion of the project subject to the proposal, Kent
state university shall deliver an invoice to the individual and/or entity
detailing expenses incurred by the university to be paid by the individual
and/or entity. Such invoice must be paid within thirty days. The check must be
made out to Kent state university. (b) The individual and/or entity that submitted the proposal
shall remit a quarterly royalty payment to the university of a percentage of
the film/video production's gross sales revenue, in an amount and for a
duration satisfactory to the vice president for university
relations. (c) Within thirty days of completion of on-campus film/video
activities, the individual/entity shall deliver to Kent state university a copy
of all raw film/video footage recorded/filmed on campus, and such raw footage
may be used by Kent state university on a non-exclusive, non-transferrable, and
non-commercial basis. (3) Sole discretion. The
vice president for university relations retains sole discretion to deny all or
part of a request, or revoke any approvals already provided under this rule,
based upon: the productions failure to meet the conditions or criteria
provided for within this rule; the productions failure to adhere to
university policies, local, state, and/or federal law; the adverse impact of
the production to the university community; the productions interference
with an existing university event or contract; or in the event the production
encroaches upon a university locations designation as a national
historic landmark. (E) Location fees. Any individual and/or
entity not exempted under paragraph (B) of this rule is further responsible for
the following fees, in addition to other fees that may be further provided for
in this rule: (1) Exteriors only:
(a) Photography: two hundred dollars per day. (b) Film or video: five hundred dollars per day. (2) Interiors:
(a) Photography: four hundred per day. (b) Film or video: one thousand per day. (3) Rental fees,
including but not limited to space, security, clean up, parking, for university
facilities or grounds as may be applicable in accordance with the
universitys facility use policy as provided for in rule 3345-5-12.4 of
the Administrative Code.
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Rule 3342-5-12.12 | Administrative pollicy for the handling of radioactive materials.
Effective:
August 7, 2020
(A) Policy statement. The purpose of this policy is to
establish procedures and controls for the use of all radioactive materials and
radiation use at the university. The requirements for the program aligns with
the requirements of the Ohio department of health/ bureau of radiation
protection, Nuclear regulatory commission and the university license and
registration. The Kent state university radioactive materials and radiation use
program is outlined in the Kent state university radiation safety manual and
distributed to all licensees on campus. (B) Radiation safety officer. The university radiation
safety officer is appointed by the senior vice president for finance and
administration to oversee the use of radioactive materials. The duties of the
radiation safety officer includes: (1) Ensuring that only authorized users on the license and
the radiation workers under their direct supervision use radioactive materials.
(2) Ensuring that individuals are trained to use
radioactive materials and the appropriate personal monitoring equipment is used
when handling radioactive materials. (3) Receipt and monitoring of all radioactive material
packages from purchasing to disposal. (4) Ensuring that all radioactive materials are secured
against unauthorized use and removal. (5) Regular inspection of all radioactive material
laboratories. (6) Decommissioning of laboratories to be returned to
normal use. (7) Record maintenance for the program that includes
training, material inventories, personnel exposure records, wipe tests records,
and leak test records which are kept accordance with local and state
regulations. (8) Calibration of equipment used for radioactive materials
activity monitoring. (9) To assure that the terms and conditions of the state
license(s) are maintained. (10) To assure that information supplied to and by the state
of Ohio is updated as required. (C) Institutional bioassay program. The Ohio department of
health / bureau of radiation protection and nuclear regulatory commission
requires authorized users and radiation workers that handle large quantities of
tritium (H-3), I-125 or I-131 compounds under specific conditions have a
bioassay performed. The Kent state university bioassay includes: (1) Ensuring that radioactive material users handling large
quantities of tritium (H-3), and iodine (I-125 or I-131) have not exceeded
occupational intake limits via inhalation, absorption or ingestion.
(2) Taking appropriate clinical action to maintain the
individuals health if excessive isotope levels are detected.
(3) Requiring bioassays only for specified conditions which
are outlined in the Kent state university radiation safety manual.
(D) Institutional survey program. Radiation monitoring
identifies sources of radiation contamination and exposure. The radiation
monitoring techniques used in the radiation program will establish and maintain
the regulatory operating philosophy of ALARA (as low as reasonably achievable)
for all radiation levels. Monitoring will be conducted using radiation surveys
and surface wipe testing. (1) All survey meters used for radioactive material or
radiation surveying must be calibrated annually by qualified firms.
(2) Personnel monitoring by a qualified company will be
used by authorized users and radiation workers to measure radiation doses due
to ionizing radiation. (3) Radiation surveys will be conducted to confirm that the
area radiation levels that are accessible to personnel do not exceed mandated
state limits. (4) Surface wipe testing will be conducted in all areas
that use radioactive materials, except in areas that only use sealed sources.
(5) Survey results for all radioactive material use areas
will be maintained by the university radiation safety office. (6) Authorized individuals will wipe test sealed sources in
accordance with the state of Ohio requirement and submit for analysis to a
licensed company. The report will be submitted to the university radiation
safety office and maintained by the radiation safety officer. (E) Radioactive material purchasing. All radioactive
material purchases must be approved by the radiation safety officer or their
designee before an order can be placed. The radiation safety officer must
maintain the allowable radioactive active limits permitted by the license.
(1) The radiation safety officer will inspect all incoming
packages and monitor them for contamination before releasing them to the
laboratory. (2) All radioactive materials must be secured in controlled
areas to prevent unauthorized use and removal of material. (3) The radiation safety office maintains a radioactive
material inventory for the entire university that is updated monthly to record
usage, decay and disposal. (F) Radiation safety committee. The radiation safety
committee is responsible for establishing policies governing the procurement,
use, storage and disposal of radioactive materials and radiation-producing
devices. The committee is comprised of experienced users that have knowledge
and understanding of radioactive materials and radiation devices. The committee
meets at least once a semester to review radioactivity material usage and
radiation generating equipment activity. The duties of the radiation safety
committee includes: (1) Review the radiation safety program to determine that
all activities are being conducted in accordance with the radiation safety
policy, license conditions, and regulatory requirements. (2) Establish procedures and standards of practice for the
radiation safety program. (3) Review and approve all applications for use of
radioactive material. (4) Review and approve modifications and alternative uses
of radioactive materials. (5) Review radiation safety incidents, issues, and
violations, and recommend corrective actions. (6) Review of occupational radiation dose records and
recommends methods to maintain low doses which align with the ALARA principle.
(G) Institutional training program. Any individual that
would like to use radioactive materials must demonstrate knowledge and
understanding of the required policies and procedures. (1) Personnel must complete an initial training module and
examination to confirm understanding of basic radiation material principles and
practices. The initial training will be followed by an instructor led module
which reviews, radiation physics fundamentals, radiation effects on living
systems, basic radioactivity mathematical calculations, radioactivity
measurement and monitoring techniques, and local, state, and federal
regulations. An examination will be given to verify knowledge. (2) Personnel working with unsealed radioactive materials
must be trained by their supervisor who is the licensee. (3) Users that work with sealed sources must be trained by
the authorized user on the university license. (4) Authorized users and radiation workers are provided
annual training in conjunction with an examination to reinforce and update
their knowledge regarding regulations, policies and procedures. (H) Institutional waste disposal program. All radioactive
solid and liquid waste is collected by the radiation safety officer.
(1) The radiation safety officer will dispose of aqueous
liquid wastes down the drain in quantities that do not exceed the limits set
forth in 20.303, 10 CFR part 20. (2) Radioactive solid, liquid, tissue and carcass waste
will be disposed of by an approved firm licensed by the state of Ohio.
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Rule 3342-5-12.14 | Administrative policy regarding animals on university property.
Effective:
August 1, 2020
(A) Policy statement. Kent state university is committed to
providing reasonable accommodations to persons with disabilities and to
fulfilling its responsibilities under federal and state laws and regulations.
In addition, the university aims to foster a healthy, safe, and supportive
environment that respects the rights of all individuals while enhancing their
educational experience. Finally, the university strives to maintain the
integrity and cleanliness of its property and campus environment. The purpose
of this policy is to provide rules regarding individuals bringing animals onto
university property. This policy does not apply to animals used in research or
in association with veterinary technician programs, as covered by other
policies. This policy also does not apply to animals specifically brought on
campus through university agreements with third party vendors, or to animals
performing law enforcement activities. (B) Definitions. The following definitions apply to this
policy: (1) Assistance animals. Assistance animals include any
animal that works, provides assistance, performs tasks for the benefit of a
person with a disability, or provides emotional support that alleviates one or
more identified symptoms or effects of a persons disability. Sometimes
referred to as an emotional support animal, assistance animals are not service
animals as defined herein. (2) Handler. For the purposes of this policy, a handler is
an individual who brings an animal onto university property. (3) Office of compliance, equal opportunity and affirmative
action (EOAA). EOAA is the university office responsible for reviewing,
approving, and enforcing employee and visitor disability accommodations. The
Title II/504 coordinator resides within this office. (4) Pets. For the purposes of this policy, a pet is a
companion animal that does not meet the definition of service animal, service
animal in training, or assistance animal as provided for in this
policy. (5) Service animals. Service animals are dogs that are
individually trained to do work or perform tasks for the benefit of an
individual with a disability, including a physical, sensory, psychiatric,
intellectual, or other mental disability. Other species of animals, whether
wild or domestic, trained or untrained, are not service animals for the
purposes of this definition; however, in some circumstances, a miniature horse
may be considered a service animal. The work or tasks performed by a service
animal must be directly related to the individual's
disability. (6) Service animals in training. A service animal in
training is a dog training to become a service animal as provided for in
section 955.43 of the Revised Code. (7) Student accessibility services (SAS). SAS is the
university office responsible for reviewing, approving, and enforcing student
disability accommodations for students registered with the office.
(8) Unauthorized animals. Animals that are not defined or
included in the definitions within this policy; any animal whose handler
exhibits behavior prohibited by this policy. The university retains the right
to remove these animals from university property to ensure the safety of the
community. (9) University property. For the purposes of this policy,
this term shall encompass all property controlled, owned, operated, or leased
by the university. (C) Implementation. (1) Handler responsibilities for all animals. In general,
any handler bringing an animal on campus is responsible for the animal and for
ensuring compliance with the provisions of this rule. (a) The handler is
responsible for the behavior of the animal at all times while on university
property. (b) The handler is
responsible for maintaining control of the animal at all times. (c) If an animal displays
aggression, the handler shall immediately remove the animal from the area.
(d) If an animals
behavior creates a significant disturbance to university operations (for
example, through excessive barking or other behavior), the handler shall
immediately remove the animal from the area. (e) The handler is
responsible for immediately cleaning up after the animal in both indoor and
outdoor spaces. (f) The handler is
financially responsible for any costs associated with the care, maintenance,
and removal of the animal. This includes any costs of damage to university
property caused by the animal, including but not limited to cleaning, repairs,
and pest control deemed necessary by the university. (g) The animal must
remain free of communicable diseases and transmittable parasites. (h) The handler is
responsible for ensuring the handlers and animals compliance with
federal, state, and local laws and requirements, including but not limited to,
control, registration, and vaccination requirements. (i) The university may
take reasonable efforts, pursuant to Ohio law, to remove an animal confined in
a vehicle on university property when there appears to be imminent danger to
the animal due to inadequate ventilation or temperature conditions. The
university is not liable for any associated repair/damage costs to the vehicle
for this action. (j) Repeated, excessive,
or severe violations of any of the provisions of this rule may result in one or
more of the following: removal of the animal from campus; banning of the animal
from all or part of campus; and disciplinary action against the handler in
accordance with other applicable university policies. (2) Pets. (a) Pets are not
permitted in university buildings or outdoor areas with restricted access (such
as athletic facilities), except as permitted by residence hall and the
department of residence services policies. (b) Pets shall not be
left unattended at any time. (c) Pets shall be
securely confined in a vehicle, cage, or similar restrictive conveyance, or be
secured to a leash, cord, chain, or similar direct physical control of a
maximum length of six feet, the other end of which is restrained by the
handler. (3) Service animals. (a) Service dogs are not
required to wear a vest or other item identifying themselves as such.
(b) Service dogs are
permitted to accompany a person with a disability in any area the handler is
allowed to be, unless the dogs presence would compromise a sterile
environment. (c) The handler is not
required to have an accommodation on file with SAS or EOAA for the service dog.
(d) Unless the need for
the service animal is readily apparent, university employees with
responsibility for maintaining or controlling that specific area of campus may
ask individuals the following questions in order to determine whether an animal
is a service animal: (i) "Is this dog required because of a
disability?" and if the answer is yes, (ii) "What work or task is the dog trained to
do?" (iii) If the handler answers no to the first question or is
unable to answer either question, the animal may not be a service animal. The
animal may fall within one of the other definitions found within this policy.
(iv) The handler is not required to provide documentation or
"proof" of the handlers disability or the service
animals training. (v) University employees should make every effort not to
repeatedly ask an individual the questions listed in paragraph (C)(3)(d) of
this rule. (e) Use of the service
animal must not fundamentally alter the nature of the university service,
program, or activity. (f) Handlers with
questions, concerns, or complaints regarding their utilization of a service
animal on campus should contact SAS (student) or EOAA (employee or visitor),
and follow that departments policies and grievance procedures as
applicable. (g) Handlers found to be
falsely characterizing their animal as a service animal may be subject to
discipline in accordance with other applicable university policies.
(4) Service animals in training. (a) A service animal in
training and its handler shall be affiliated with a nonprofit special agency
engaged in the work of training service animals. (b) The animal shall be
covered by a liability insurance policy provided by the nonprofit special
agency engaged in such work protecting members of the public against personal
injury or property damage caused by the animal. (c) The handler, whether
student or employee, shall register the service animal in training with the
office of the vice president of student affairs, or designee, prior to bringing
the animal on campus. The registration includes proof of affiliation with a
relevant nonprofit and proof of a current applicable insurance policy.
(d) University employees
with responsibility for maintaining or controlling that specific area of campus
may ask individuals if the dog is a service animal in training, and, if so, if
the handler is registered with the office of the vice president of student
affairs, or designee, in order to determine whether an animal is a service
animal in training allowed on campus. (i) If the handler answers no, the handler should be
instructed that they must register with office of the vice president of student
affairs, or designee, before they may bring the animal on campus. (ii) University employees should make every effort not to
repeatedly ask an individual about the status of the animal, once it has been
established that the dog is a service animal in training. (e) Service animals in
training are permitted to accompany a handler in any area the handler is
allowed to be, unless the dogs presence would compromise a sterile
environment. (f) A university employee
wishing to bring a service animal in training on campus while performing their
duties must maintain compliance with university policies and the terms and
conditions of the individuals employment. The presence of the animal
must not fundamentally alter the nature of the employees position.
(g) Service animals in
training are not required to wear a vest or other item identifying themselves
as such. (h) Service animal in
training handlers may, but are not required to be, affiliated with on-campus
student organizations that train service animals. (i) The presence of the
service animal in training must not fundamentally alter the nature of the
university service, program, or activity. (j) Handlers with
questions, concerns, or complaints regarding their utilization of a service
animal in training on campus should contact the office of the vice president of
student affairs, or designee. (k) Handlers found to be
falsely characterizing their animal as a service animal in training may be
subject to discipline in accordance with other applicable university policies.
(5) Assistance animals. (a) An approved
accommodation specifically for the assistance animal, through either SAS
(student) or EOAA (employee), is required before a handler is permitted to
bring the animal into non-public areas of campus. Campus visitors must contact
EOAA within a reasonable amount of time prior to their arrival on campus to
allow the University to determine whether their requested accommodation is
reasonable. (b) The EOAA and SAS
offices, as applicable, will request information from the handler and other
parties as necessary during the interactive process to determine the
reasonableness of the accommodation. The SAS handbook includes additional
guidelines for students requesting and keeping assistance animals, specifically
within the residence halls. (c) The handlers
approved accommodation through SAS or EOAA, as applicable, shall specify the
parameters of the handlers use of the animal, including which non-public
areas of campus the assistance animal is permitted. SAS or EOAA, as applicable,
will attempt to notify those university employees with control over those
approved areas of campus of the handlers approved accommodation.
(d) Assistance animals
are not required to wear a vest or other item identifying themselves as such.
(e) Handlers with
questions, concerns, or complaints regarding their utilization of an assistance
animal on campus should contact SAS or EOAA depending upon their status as a
student, employee, or visitor, and follow that departments policies and
grievance procedures as applicable. (f) Handlers found to be
falsely characterizing their animal as an assistance animal may be subject to
discipline in accordance with other applicable university policies.
(D) Procedures related to this rule. (1) University employees with responsibility for
maintaining or controlling a specific area of campus may ask a handler whether
the animal is a pet, service animal, service animal in training, or assistance
animal. Based upon the handlers answer, the employee should follow the
guidance above. University employees should make every effort not to repeatedly
ask an individual about the status of the animal, once it has been established.
(2) Members of the university community concerned about a
disruptive animal should contact one of the following: (a) If there is an
imminent health or safety risk, contact the Kent state police services or local
law enforcement. (b) If the handler is an
employee, contact the employees supervisor. (c) If the handler is a
student, contact student conduct. If the issue involves an animal in a
residence hall, contact residence hall staff. (d) If unable to
determine the status of the handler, contact the curator or administrative
staff of the building in which the issue occurred. (3) If an allergy or other condition renders a member of
the university community unable to share space with an animal, the individual
should contact SAS or EOAA, as applicable, to discuss whether a disability
accommodation for them is appropriate for that setting.
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Rule 3342-5-12.15 | Administrative policy on entry and use of unviersity offices.
(A) Purpose. In order to provide maximum privacy and security for individual office space. the following administrative policy applies to all university offices assigned to one or more individuals. (B) Operational procedure. (1) A person may enter an assigned office space only: (a) With proper authorization from the occupant; (b) In performance of her/his regular duties as a university employee (i.e. custodial. maintenance. health. safety); (c) With written permission of the appropriate vice president. (2) No person may use an assigned office space for other than expressly authorized purposes. (C) Violation. Violators of this policy will be subject to university discipline and possible criminal charges.
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Rule 3342-5-12.16 | Administrative policy regarding unmanned aircraft systems.
(A) Purpose. This policy supports the safety and privacy of
the university community by establishing restrictions and enabling the
enforcement of applicable rules and regulations controlling the use of unmanned
aircraft systems (UAS), popularly referred to as drones, and model aircraft. It
applies to all university employees and students, and to third parties
operating on university grounds. (B) Definitions. For the purposes of this policy, the
following definitions will apply: (1) Model aircraft. The term "model aircraft"
means an unmanned aircraft that is: (a) capable of sustained
flight in the atmosphere; (b) flown within visual
line of sight of the person operating the aircraft; and (c) flown for hobby or
recreational purposes. (2) Operator. The term "operator" means the
person who is controlling, maneuvering, or commanding the
aircraft. (3) Small unmanned aerial vehicle. The term "small
unmanned aerial vehicle" means an unmanned aerial vehicle weighing less
than fifty-five pounds. (4) Unmanned aerial vehicle. The term "unmanned
aerial vehicle" means an aircraft that is operated without the
possibility of direct human intervention from within or on the
aircraft. (5) Unmanned aircraft system (UAS). The term
"unmanned aircraft system" means an unmanned aerial vehicle and
associated elements (including communication links and the components that
control the unmanned aerial vehicle) that are required for the pilot in command
to operate safely and efficiently in the national airspace system. (C) Scope. This policy applies to any UAS or model aircraft
operated by: (1) university employees and students operating in any location as
part of their university employment, course instruction, or other official
university activities; (2) any person or entity operating on or above
university property, whether owned or leased. (3) any university department
wishing to rent, lease, or purchase a UAS for university business or
educational purposes, or is contracting with a third party to provide such
services. (D) Operating requirements. (1) All operation of UAS or model aircraft by university
community members, or by third parties on or above university property, must
comply with FAA regulations and local, state, and federal laws regarding use of
UAS. Any operation or use that violates such regulations or laws is prohibited.
It is the responsibility of the operator to adhere to all relevant laws and
regulations, including relevant university polices and procedures. (a) All operators of UAS,
also commonly referred to as the pilot in control or "PIC," must
hold valid, unexpired registration with the FAA, unless otherwise exempt from
such registration. (b) PIC shall provide any
and all notifications as required by FAA regulations and/or university policies
and procedures prior to the commencement of flight operations. Such
notification may including, but are not limited to: (i) Notification as may be required by the FAA to all
airports within a 5-mile radius of the intended area of operation;
and (ii) Notification to the department of public safety prior
to flight operations on the Kent campus when an exception is granted in
accordance with paragraph (F) of this rule. (2) Aircraft may not exceed the size and weight
specifications established by the University. (3) UAS operations on or above university property are only
permitted in areas designated and approved by the office of risk management and
compliance, unless an exception is granted in accordance with paragraph (F) of
this rule. Such designated areas shall be posted in a publicly assessable
manner. (4) All operators of UAS must minimize risks to other
aircraft and people and property on the ground. If such risks cannot be
effectively minimized, then any such operation under this policy is
prohibited. (a) All operators must
stay within a line of sight of the UAS. (b) The UAS must remain
at least fifty feet away from any student walkway or path. (c) The UAS must remain
at least two hundred feet from any building or structure on university
property. (d) The UAS must remain
at least one hundred feet away from parking lots or roadways. (e) All operators are
prohibited from any UAS operations on or above Kent state university airport
property and the Dix stadium sports complex. (5) UAS or model aircraft shall not be used to monitor or
record sensitive institutional or personal information. (6) UAS and model aircraft shall not be used to monitor or
record an area where there is a reasonable expectation of privacy in accordance
with accepted social norms. (E) Compliance and enforcement. The office of risk
management and compliance is responsible for the administration of this policy,
in coordination with other university departments and resources as necessary.
The department of public safety is responsible for enforcement of this policy
to the extent that such enforcement is related to safety and
security. (1) Persons operating UAS or model aircraft on campus in
violation of this policy are trespassers and may be subject to administrative
or legal action including, but not limited to, being removed from campus and
receiving a written directive to remain off campus. (2) Contractors and vendors shall comply with this policy
and associated procedures. The contracting university department shall be
responsible for ensuring contractors and vendors are aware of this compliance
obligation. (3) Student violations may be addressed in accordance with
the student code of conduct provided for in rules 3342-4-02 and 3342-4-02.1 of
the Administrative Code, as well as other applicable policies, and may include
sanctions up to and including suspension or dismissal. (4) Employee violations may be resolved in accordance with
university policies, including sanctions up to and including
termination. (5) Violators of local, state, and federal laws and
regulations may be referred to the appropriate law enforcement
agencies. (F) Implementation. The senior vice president for finance
and administration, or designee, is responsible for the adoption of written
procedures necessary for the effective administration and implementation of UAS
activities at Kent state university. Any exception to this rule or any written
procedures regarding UAS must be approved by the senior vice president for
finance and administration.
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Rule 3342-5-12.17 | Administrative policy regarding video surveillance and electronic systems for safety and security.
Effective:
October 15, 2016
(A) Purpose. Kent state university is committed to
enhancing the quality of life of the campus community by implementing and
integrating the best practices in safety and security technology. Video
surveillance and electronic systems are an integral component of any safety and
security plan and this policy is intended to regulate the use of such
technology on campus with regard to those purposes. This policy is established
to formalize procedures for the installation and use of video surveillance and
electronic systems for safety and security on university property. (B) Scope. The purpose of this policy is to regulate the
use of video surveillance and electronic systems used in any area for the
purposes of safety and security on university property. This policy does not
apply to: (1) Video surveillance and electronic systems used strictly
for academic purposes or the use of webcams that have no significant secondary
security function. Such exceptions include systems used to deliver education,
conduct research, conduct video conferencing, record public performances,
record practices or rehearsals, record news or press coverage, produce
promotional materials, or record construction progress. (2) Automated teller machines (ATMs) that may utilize
cameras and are the property and responsibility of the specific
vendor. (3) The use of
mobile or hidden video surveillance and electronic systems used in criminal
investigations by police services. (C) Definition. For the purposes of this
policy: (1) "Video surveillance and electronic system"
refers to any system that monitors, records or regulates access to a specific
location or activity through processes, technology, and equipment including but
not limited to microphones, cameras, images, audio, video, snapshots, intrusion
systems, panic button systems, public address systems, configurations settings,
logs, software, and hardware. (2) "University property" refers to all
university owned, operated, or leased property. (3) "Monitoring" means watching and observing a
remote live view from a security camera as a primary task or
function. (D) Implementation. Video surveillance and electronic system installation,
administration, and management will be coordinated by the department of public
safety. Exceptions will be extremely rare and require prior approval of the
director of public safety. (1) All university offices and university personnel must
seek and receive express, written permission from the department of public
safety prior to the installation of a new video surveillance and electronic
system, or the re-activation or upgrade of an existing system, on university
property. (2) Recordings and
other records created from video surveillance and electronic systems shall be
stored in a secure location determined by the department of public safety (in
coordination with the division of information services when applicable) and
configured to prevent unauthorized access, modification, duplication, or
destruction. (3) Access to
monitor or view recordings on video surveillance and electronic systems shall
be limited to authorized personnel by the department requesting permission, and
police services, and other personnel as determined by the director of the
department of public safety or designee. (4) Standards for
access rights to video surveillance and electronic systems, storage standards
and retention, and camera nomenclature shall be determined by the director of
the department of public safety or designee. (5) The copying or
retransmission of live or recorded video from a video surveillance or
electronic system shall be limited to persons authorized by the director of
public safety or designee. (6) Recordings and
other files created from video surveillance must be retained no less than
thirty days. After that time, the files can be in overwritten in conjunction
with university approved storage models, unless otherwise approved by the
director of public safety or designee. Recordings and other files related to
ongoing investigations or legal filings are exempt. (7) Recordings and
other records created from video surveillance and electronic systems under this
policy are considered security records. Personnel are prohibited from using or
disseminating information acquired from such systems, except for official
purposes. All information and observations made in the use of security cameras
are considered confidential and can only be used for official university and
law enforcement purposes. (8) Signs may
accompany video surveillance systems. Any signage posted shall include a
statement indicating that the surveillance is not actively
monitored. (9) Video
surveillance and electronic systems in university facilities shall be
maintained by the individual facility or department purchasing or utilizing the
system and shall be kept in working order at all times as determined by the
director of the department of public safety or designee. (E) Oversight and enforcement. The department of public safety, by and through its director, is
responsible for the administration of this rule. The department of public
safety is further responsible for providing a security assessment determining
need, hardware requirements, camera placement and access rights associated with
any video surveillance or electronic systems located on campus buildings or
grounds.
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Rule 3342-5-12.18 | Administrative policy regarding universal restrooms.
(A) Policy statement. The purpose of this policy is to
provide for the consideration and implementation of gender-inclusive restrooms,
referred to herein as universal restrooms, in all new construction or major
renovations of university facilities. (B) Definitions. (1) "Universal restroom" means any restroom
that does not designate a gender and may be used by anyone. (2) "Gender-specific restroom" means any
restroom that has been designated "men" or
"women." (3) "University property" means all university
owned, operated, or leased property including but not limited to grounds,
buildings, and facilities. (C) Scope. This rule applies to the construction of new
buildings and major renovations of existing buildings on university property,
as well as to existing buildings and facilities with gender-specific single
occupancy restrooms. (D) Implementation. The division of finance and
administration, through the office of the university architect, shall be
responsible for the implementation of this policy. The division of diversity,
equity and inclusion shall be responsible for working with the division of
finance and administration to ensure the implementation of this policy aligns
with the strategic mission of the university. (1) When possible, at least one universal restroom shall be
provided in all new constructions and major renovation projects. Existing
gender-specific restrooms may remain as gender-specific restrooms, except in
cases of major renovations where such facilities shall be considered for
conversion to universal restrooms as determined by the office of the university
architect in consultation with the division of diversity, equity and
inclusion. (2) When feasible as determined by the office of the
university architect, the construction or designation of universal restrooms
will be considered in existing buildings even if such buildings are not
otherwise scheduled for major renovation.
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Rule 3342-5-12.19 | Administrative policy regarding painting the rock located on hilltop drive.
Effective:
January 11, 2021
(A) Policy statement. The purpose of this rule is to
promote consistency between the use of "the rock," as defined
herein, and other similar policies currently effective that provide certain
time, place, and manner restrictions for university property so as not to
substantially disrupt the university functions of teaching, research, public
service, administration, or authorized events. (B) Definitions. (1) Rock. The boulder currently located on Hilltop drive.
This policy also applies to boulders or structures used for similar purposes at
all regional campuses. (2) Guarding. Action by an individual for physically
stopping or blocking others from painting the rock and/or interfering with
others while in the process of painting the rock. (C) Scope. This policy applies to any member of Kent state
university. The rock is the only piece of university property permitted to be
painted by persons not affiliated with university facilities management and/or
contracted by the university for professional painting services. (D) Procedures. (1) Any painting on the rock will remain for at least a
twenty-four-hour period. Paintings should be dated and time-stamped.
Individuals and/or organizations are encouraged to document their completed
paintings with a photo. (2) The rock must be painted in totality. Partially
painting the rock or painting comments on a previously painted rock is not
permitted. (3) Suggested paintings on the rock include but are not
limited to event announcements, words of support and encouragement,
congratulations, welcome messages, organization promotion, and messages of
general university spirit. Rock messages reflect our university and should be
kept in good taste. (4) Paintings that are obscene (i.e. depicts or describes,
in a patently offensive way, sexual conduct so as to lack serious literary,
artistic, political, or scientific value), in violation of the university
policies regarding unlawful discrimination and harassment (as defined in rules
3342-5-16, 3342-5-16.1, and 3342-5-16.2 of the Administrative Code), and/or are
directed to inciting or producing imminent lawless action may be removed or
painted over at any time. (5) With the exception of painting, the physical condition
of the rock is not to be altered in any way that will change its integrity,
shape, size, or orientation. (6) No person will erect any structure for the purposes of
painting the rock. (7) Guarding the rock is not permitted by any person.
(8) Members or potential new members of student
organizations shall not be required or forced to participate in painting the
rock; this is considered hazing. (9) Persons or entities painting the rock are responsible
for the disposal of all waste and will ensure the area is left in a clean
condition. (10) Vehicles are not permitted to be driven on the grassy
area surrounding the rock or on sidewalks. (E) Violations. Violations of the policy and guidelines may
result in disciplinary action towards individuals and/or groups according to
their affiliation with the university. Any violator of this policy as
determined by the vice president for student affairs or designee may be
reasonably requested to cease painting the rock. (F) Reserved powers. Kent state university reserves the
authority to paint the rock at any time at the discretion of the vice president
for student affairs or designee.
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Rule 3342-5-12.301 | Operational policy regarding disposal of university property.
Effective:
September 14, 2020
(A) Policy purpose. The purpose of this policy is to
document the responsibilities and requirements related to the disposal and sale
of Kent state university (KSU) surplus property by university facilities
management (UFM) campus surplus. UFM campus surplus has been delegated sole
authority to dispose of surplus property for KSU. UFM campus surplus ensures
that surplus property is used to the fullest and most reasonable extent
possible within the university and will dispose of surplus property in an
economical and sustainable manner. (B) Definitions. (1) Capital asset. Any tangible item such as equipment,
furniture, or other assets with an original cost of five thousand dollars or
more and an estimated useful life in excess of one year. Deemed an inventory
asset by the controllers office and tagged with unique number. This
definition excludes library books and real property. Real property is land and
any assets attached directly to land such as buildings and building
improvements. (2) Surplus property. KSU property that is in excess of
department needs, no longer in use by the department, technically or
mechanically obsolete, no longer functional, or has no intrinsic value.
Includes all capital and non-capital asset(s). (3) State property. All KSU materials, supplies, and
equipment, regardless of value. (4) Campus surplus. Function of university facilities
management responsible for the distribution, sale, and disposal of university
property. (C) Scope and eligibility. This policy applies to any
surplus property purchased or leased with KSU funds or funds within the control
of KSU. (1) Regional campuses (non-Kent campus branches) and
college of podiatric medicine are considered out of scope and must follow
procedure provided in paragraph (I)(3) of this rule. (2) Only campus surplus is authorized to dispose of
university property, through sale, auction, scrapping, or other prescribed
methods. (3) No individual employee may personally benefit from the
sale of university-owned material or equipment. (4) Motor vehicle disposal is the sole responsibility of
UFM fleet services. Including regional campuses and college of podiatric
medicine. (5) Disposal of surplus equipment that contains, or was
used with or near hazardous substances, must be approved by the department of
occupational health and safety to ensure both the safety of personnel and
compliance with government regulations. (D) Procedure and implementation. (1) Surplus property. Enter a work order listing the
surplus items to be picked up by UFM. Includes electronic and non-electronic
items. (a) If deemed a capital
asset, attach a signed copy of the inventory control form. The department is
responsible for notifying the controllers office of disposal of any
asset. (b) UFM personnel will
pick up the surplus property directly from the department and store at campus
surplus. (c) When items are
released by either pick-up or delivery to campus surplus, responsibility,
ownership and accountability for the property is transferred from the unit to
campus surplus for final disposition. (d) Upon transfer of
property, campus surplus will assess item functionality; determining work and
considerations of ecological sustainability. (E) Redistribution of surplus property. (1) If item has a determined worth and functionality, by
means of the KSU redistribution website, UFM will make the surplus property
available to other KSU departments at no cost to receiving department.
(2) Items available for redistribution may be viewed at
campus surplus located at the administrative services building (ASB) based on
schedule availability. (3) Units may place items on hold for one week to make
arrangement for pick-up. (4) Surplus property will be made available to KSU
departments for a minimum of thirty days. (5) A work order for transferring items from the surplus
warehouse to the unit is required. (6) Items on the redistribution website are for business
usage within the campus community and may not be take home for personal use.
(F) Public sale or auction. (1) After minimum posting of thirty days on the KSU
redistribution website, campus surplus will coordinate the listing of the item
on the online auction website for at least two posting cycles or other
alternative method of public sale. (a) Pursuant to
competitive bidding procedures with the asset being sold to the highest bidder
(buyer). (i) Ineligible bidders or buyers: University employees may
bid or purchase items offered for auction or public sale as long as these
conditions do not apply: (a) Employee participated in the decision to remove item
from its funding department or location; (b) Employee participated in the fair market assessment of
surplus item; (c) Employee has acquired information not otherwise
available to the general public regarding usage, condition, quality, or value
of item; (d) Employee intends to personally profit or gain from
resale of usage of item. (b) To qualify as a
purchaser of item, an employee of the university must pay a price higher than
any other viable offer including value received from scrapping or recycling the
item. (2) Campus surplus assumes responsibility of assessing fair
market value of all surplus items. (3) Posting cycles of auctions are not required to be
consecutive. (4) Surplus property is purchased "as is, where
is." All sales are final. There are no returns, refunds, or exchanges.
(5) Campus surplus reserves the right to remove items prior
or from sale. (6) The buyer is required to secure appropriate
arrangements within ten business days after payment is received for the removal
of item and perform all work necessary, including packing, loading and
transportation of the property; no assistance will be provided. (7) Transportation arrangements and correspondences will be
completed during normal business operating hours of UFM campus surplus and/or
the university. (8) Failure to pick up within the ten business days results
in the item being released back to the university for sale or re-auction.
(a) Buyer will be placed
into default and not permitted to buy or bid on future KSU surplus items.
(b) Credit may be
provided on defaulted items at the discretion of campus surplus. (9) Unsold items may be released back to the university
community for redistribution or later public sale if market value is
determined. If no market value is assessed, item may be released for disposal
(G) Sales proceeds and fees. (1) Net proceeds from the sale of surplus property will be
used to financially sustain the staffing and overhead costs of the campus
surplus operation. (a) For items with a
resale value over two thousand five hundred dollars, a minimum of seventy-five
percent of the net proceeds will be credited to the releasing department, with
the remaining percent credited to campus surplus. (b) Exceptions will
require approval from associate vice president of facilities planning and
operations. (c) County-mandated sales
tax will be charged on all sales unless a valid sales tax exemption certificate
is presented by the buyer. (H) Disposal. (1) Surplus property not redistributed within the
university or sold via public sale may be disposed of in the way most
economical for the university. (2) Campus surplus assesses all surplus property received,
and determines its appropriate disposal for maximum benefit to the university,
including scrap. (3) Capital assets acquired with funds from sponsored
programs. Special recordkeeping and disposal requirements often apply to
capital assets purchased under a federal award or other sponsored program. In
cases where the terms of the grant or contract are more restrictive than the
universitys policy, those terms shall govern. In cases where the
requirements imposed are less restrictive, the universitys policy shall
apply. (a) Disposition of
sponsored program assets must meet all university and sponsor requirements and
be coordinated through the office of sponsored programs to ensure appropriate
approval before the university controllers office and procurement
department will give final approval. In the event of relocation of a principal
investigator (PI) to another institution, the PI may be permitted to transfer
the equipment from the PIs ongoing grant(s) or contract(s) with prior
approval of the appropriate university authority in conjunction with the terms
of the grant(s) or contract(s). Additionally, it is the PIs
responsibility to work with the university controllers office and the
procurement department to ensure that all university asset disposition
requirements have been met prior to physically transferring the equipment.
(b) Additional details
regarding requirements specific to sponsored programs are provided for in rule
3342-10-03.1 of the Administrative Code. (I) Exceptions to the surplus disposal program
(1) Experience, foresight, product knowledge and other
factors will lead one to understand that a particular item which is no longer
useful to the university may have further value to other nonprofit
organizations. (2) Examples of situations which may lend themselves to
this idea would be, but are not limited to, cleansed computer equipment,
microscopes, lighting systems, lab furniture, dormitory furniture, etc.
Disposal of these items, which are considered too valuable for the surplus
program yet outdated for campus use, may be accomplished in one of several
ways. (a) Trade-in. Often a
manufacturer will provide a trade-in value for old equipment when a new
purchase of similar equipment is considered. The value of the trade-in offer
may be questioned by those in the field and if it is determined by the involved
parties and the director of procurement, that equitable value is being provided
then an agreement may be reached. The traded equipments model, serial
numbers and bar coded numbers will be listed on the purchase order designated
for acquisition of the replacement items. Credit for these items will be an
integral part of the overall purchase price of the new equipment order. From
the receiving copy of the purchase order, inventory property control personnel
from the controllers office will then slate the traded equipment for
removal within the property control system. (b) Goodwill offerings.
At the discretion of UFM campus surplus, it may be decided that a goodwill
offering will be made to another state educational or nonprofit (501c3)
organization as simply a donation. Notice of the availability will be made to
the organizations that have expressed an interest and can offer tax
identification by letter, e-mail, or fax. Awards will be made on a "first
interested, first claimed" basis. First preference will be given to other
nonprofit educational institutions in our local geographic region (contiguous
counties). These goodwill offerings are meant to enhance and further the
universitys commitment to organizational stewardship through education,
research, community services and sustainability. Donations may not be made for partisan political purposes,
for-profit organizations and/or not-for-profit organizations. (c) Cannibalization. For
some items it may be considered advantageous to use components of one unit to
help reconstruct another. This process may leave nothing more than an empty
shell of absolutely no value. Disposing of an item that has been cannibalized
in a university dumpster is the most cost-effective method of disposal. The
decision to use this process belongs to the supervisor of those involved in the
reconstruction process. In all instances, if the item has a tag number, it is
necessary to report the status of the item to inventory property control
personnel in the controllers office for the recording of the transfer of
disposal. (d) Sentimentality sale.
The senior associate vice president for finance and administration and/or the
associate vice president of facilities, planning and operations may choose to
recognize meritorious and exceptional service by providing the possibility for
an individual who is/has retired to purchase at fair market value an item
deemed to have more sentimental worth to the individual than value to the
university. The individual may be given the opportunity to provide a fair
market price, determined through communications with dealers in the same field,
for said item. Campus surplus will also provide their determined fair market
value. Upon the agreement price, the individual will be permitted to purchase
and remove the item from the university. This procedure is not to be used
indiscriminately and will only be invoked after careful attention has been
given to the circumstances. (e) Special value Items
that are perceived to have a potential special value (i.e., antiquities,
artwork, memorabilia) will be handled separately. At the discretion and
determination of campus surplus and the associate vice president of facilities,
planning and operations, the item(s) will be stored, handled, redistributed or
sold on a case-by-case basis. (3) Regional campuses and college of podiatric medicine.
Regional campuses and college of podiatric medicine must follow all working
procedures within this policy; however, will be exempt from the transferring of
property. (a) Campus surplus will
officiate the sale, public auction, or redistribution of regional campus and
college of podiatric medicine surplus property. Including final recommendation
of disposal as needed. (b) Campus surplus shall
receive a thirty-five dollar flat fee for posting, tracking and coordination of
surplus property. (c) UFM fleet services
continues to assume sole responsibility of regional and college of podiatric
medicine motor vehicle disposal. (J) Reporting and records. Campus surplus will maintain and
report required records in accordance with office of internal audit and
controllers policies. (K) Violation. Any violation of this policy may result in
the department being subject to supervised inventory control measures and any
person or group who violates this policy may be subject to disciplinary actions
up to and including termination. (1) Campus surplus must approve all disposals of state
property. (2) Donations or sales of state property to private
individuals, for-profit organization, or state employees are prohibited unless
the items are sold at announced public sales or auctions.
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Rule 3342-5-12.401 | Operational policy regarding event accessibility.
(A) Purpose. This policy provides the requirements for administrative offices and instructional units of the university in planning events that consider the accessibility of participants, including those with disabilities, in accordance with the university's duties under Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794, and its implementing regulation at 34 C.F.R. Part 104, and Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. § 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35. (B) Definitions. For the purposes of this rule only, the following definitions shall apply: (1) Assistive listening devices (ALDs). Personal devices that help those with hearing loss or a voice, speech, or language disorder to communicate. (2) Event coordinator. A university employee of the administrative office, instructional unit, or office of university events and protocol who is primarily responsible for organizing the event on behalf of the administrative office or instructional unit. (3) Section 504/Title II coordinator: A university employee responsible for overseeing the university's compliance with the above-noted disability non-discrimination and accommodation laws. The Section 504/Title II coordinator position is within the office of compliance, equal opportunity and affirmative action. (4) Speech-to-text services. Technology that enables human speech to be converted automatically to text; includes real-time captioning or transcribing, a method of using specialized software to convert spoken language into visual text onto a screen. (C) Requirements. The administrative offices and instructional units of the university are responsible for ensuring that any events they sponsor are accessible to those individuals with disabilities that need and request a reasonable accommodation, in accordance with the laws noted in paragraph (A) of this policy. The event coordinator must solicit, review, and respond to requests for accommodations in the manner described below. It is the responsibility of the administrative office or instructional unit sponsoring the event to ensure the event is held in compliance with this policy. (D) Implementation. (1) Event planning and production. Event coordinators shall consider the accessibility of the event at all stages of event planning and production. Any costs incurred in complying with this policy are the responsibility of the administrative office or instructional unit sponsoring the event. The event coordinator may consult with the Section 504/Title II coordinator, the office of student accessibility services (SAS), and other campus resources in planning an accessible event. (2) Invitations, advertising, and event website. Any invitations, advertising, websites, or registration sites for events shall contain language notifying the intended audience that they can obtain information as to the existence and location of accessible services, activities, and facilities, and if they require a reasonable accommodation to attend the event, they should contact the event coordinator (or designee) as soon as possible. The notice shall also provide the contact information for the event coordinator or designee. (3) Requests for accommodations. The event coordinator shall review any requests for disability accommodations to determine if they are reasonable. No accommodation shall be required if the accommodation would fundamentally alter the nature of the event or result in undue financial and administrative burdens. Event planners must consult the Section 504/Title II coordinator prior to denying any accommodation request. (4) Assistive listening devices (ALDs). If the event will have a speaker, presentation, or performance where audible communication is integral to the program (and particularly if audio amplification will be used), an ALD shall be provided. The event coordinator shall discuss the availability and usage of an ALD system with the employees responsible for audio, visual, and technical support for the space. Some university event spaces are equipped with permanent ALDs. The student center has permanent ALDs in some spaces and portable ALDs that can be reserved ahead of an event. Classroom technology and university event support can also be contacted for portable ALD systems. (5) Speech-to-text services. If the event will have a speaker, presentation, or performance where audible communication is integral to the program, particularly if the event is large and public-facing, the event coordinator should consider utilizing speech-to-text services to proactively address any accessibility issues, disability or otherwise. (6) Training. Event coordinators are responsible for familiarizing themselves with this policy. The event coordinator shall also ensure that other staff (including volunteers and student assistants) with responsibility for planning events or interacting with attendees, receive training regarding this policy. Training should occur on a regular basis, at least biannually, and be conducted with assistance from the Section 504/Title II Coordinator. New event coordinators should be trained shortly after hire or designation. (E) Violation. Any person who believes they were denied a reasonable accommodation in violation of this policy may utilize the grievance procedure provided for in rule 3342-5-16.1 of this Administrative Code. The Section 504/Title II coordinator may be contacted at aa_eeo@kent.edu for more information regarding this process.
Last updated April 8, 2021 at 2:02 PM
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Rule 3342-5-12.403 | Operational procedures and regulations regarding schedule of use and closed periods for buildings of the university.
(A) Purpose. The university strives to provide a safe and
secure environment and to meet the educational and professional needs of
students and employees. Toward this end, these procedures establish open and
closed periods for university property, provide for extension of open periods,
and prescribe conditions under which persons may use closed facilities.
(B) Scope. This policy applies to all university owned,
operated, or leased property (collectively "university property").
Key and access card control at regional campuses and college of podiatric
medicine are managed by the respective dean or delegate. Annually the regional
campuses and the college of podiatric medicine shall submit specific key and
access card procedures along with a complete inventory of keys and access cards
to the associate vice president of facilities, planning and operations. Kent
state university museum is responsible for managing access to the museum
located in Rockwell hall. (C) Definition. The following definitions shall apply to
this policy: (1) Key holder or cardholder. Any individual who has been
granted individual access to university property whether through keys, access
cards, or other similar means. (2) University facilities management (UFM). A unit of the
facilities planning and operations department containing the lock shop.
(3) Access card. A card with magnetic stripe programmed to
allow access via an electronic door lock. (4) Vendor. A supplier, contractor, or other outside entity
providing services or product to Kent state university. (5) Master key. A single key that opens all doors in a
single building. (6) Grand master key. A single key that opens all doors in
multiple buildings. (7) Unit. A general term used in this policy to refer to
the relevant office, department, center, school, college, division, etc.
requesting access or responsible for access to a designated area. (8) Unit administrator. A department head, department
chair, or dean. (9) Facilities, planning and operations (FPO). A department
consisting of the units of UFM, office of the university architect (OUA), and
sustainability. (D) Procedures. (1) Building curator. It is the responsibility of unit
administrator, to nominate the building curator, who must accept such
nomination in writing. The department chair or dean shall forward the
nomination for approval by the associate vice president for facilities planning
and operations. Such approval may be withdrawn at the sole discretion of the
associate vice president. Upon such withdrawal, the department chair or dean
shall make another nomination. In the event a building curator is not nominated
by the department chair or dean within a reasonable amount of time, the
associate vice president may appoint an interim building curator until such
time as a nomination is put forth. For buildings with multiple departments,
associate vice president, facilities planning and operations, will coordinate
with the departments to select nominee. The regional campus dean, or delegate,
functions as the building curator. (2) University property shall be locked when closed or
otherwise not in use. (3) Non-academic buildings. Open and closed periods for all
non-academic buildings shall be regulated by the building curator.
(4) Academic buildings. All academic buildings are closed
from eleven p.m. to seven a.m., Monday through Friday, and all weekend hours
unless opened by request of the building curator, scheduling office, conference
bureau, or other authorized university official. This schedule is based upon
the normal use requirements. Special hours are established for the university
library. (a) It is permissible for
a building curator to open a building during the regularly scheduled closed
periods for departmental use only, by using the key card or entering a UFM work
order. The building curator assumes responsibility for the unlocking and
locking times by submitting a work order to UFM and informing police services
of the special event schedule. It is permissible for the regional campus deans,
or delegates, to approve access outside normal operations hours. It is
permissible for a building curator to close a building outside the times listed
in this paragraph providing the building curator has met the following
criteria: (i) The building curator has consulted the office of the
registrar, conference bureau or other authorized university official to ensure
officially scheduled building use is not adversely affected by the earlier
closing of the building. (ii) The building curator has made arrangements with
facilities, planning, and operations for the installation of electronic locking
devices on one or two exterior doors that are located at the primary entrances
to the building. These locking devices will allow authorized personnel access
to the building during the time in which the building is closed by the curator.
(iii) The building curator has coordinated securing the doors
with electronic locking devices with facilities, planning, and operations, and
has made arrangements with police services and UFM to secure all other exterior
doors of the building at the time designated by the curator. (iv) Mechanical locking exterior doors will only be unlocked
and locked for student events. Staff can use the card access doors.
(v) The building curator has notified police services of
the early closing dates and times. (b) In the event of
absence, the building curator may appoint a temporary building curator in
writing and notify the building occupants and the associate vice president,
facilities planning and operations. Upon the building curators return,
the appointment shall immediately terminate. The building curator shall notify
the associate vice president, facilities planning and operations, in writing,
of resignation. (c) A university or
university-contracted employee, or vendor, may use a closed building under the
following conditions: (i) The employee has the permission of the building
curator. (ii) University-contracted employee is engaged in the
performance of a contracted job. (iii) The employee displays an access card and, if employed
by the university, possesses a valid Kent state university identification card.
(d) A student may use a
closed building under the following conditions: (i) The student has the permission of the building curator,
and department/school chairperson where appropriate. (ii) The student possesses a valid Kent State university
identification card. (5) Regional campuses and college of podiatric medicine are
responsible for managing building access under the authority of the respective
dean or delegate. (E) Violation. Failure to follow this rule may result in
loss of access to university property or termination of appointment as a
building curator, at the discretion of the senior vice president for finance
and administration or designee.
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Rule 3342-5-12.404 | Operational procedures and regulations regarding half-staff for the flag and death notices.
Policy statement. The flag on the front campus shall be lowered to half-staff only during periods of national mourning as declared by the federal government, or as directed by the office of the governor of the state of Ohio.
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Rule 3342-5-12.405 | Operational policy regarding key and electronic access control.
(A) Purpose statement. This policy provides for the
issuance and accountability of all keys and access cards, which control access
to university-owned, operated, or leased properties (collectively
"university property"). University facilities management (UFM),
through its lock shop, is responsible for the administration of this policy and
for providing keys and building access cards to university faculty, staff and
students for all university property. Each regional campus and college of
podiatric medicine has independent locksmith services operating with the
parameters of this policy. Residence services has in-house locksmith
services. (B) Scope. This policy applies to any individual who has
been granted authorized individual access to university property. All key and
building access cardholders are responsible for the keys and access cards
assigned to the individual. This policy does not apply to access to residence
halls as managed by the department of residence services. The residence
services lock shop is responsible for managing access control for all key and
access cards to residence halls. Access to the Kent student center will be
managed by the Kent student center administration. Keys and access cards will
be supplied by UFM. Key and access card control at regional campuses and the
college of podiatric medicine are managed by the respective dean or delegate.
Kent state university museum is responsible for managing access to the museum
located in Rockwell hall. (C) Definitions. The definitions provided in rule
3342-5-12.403 of the Administrative Code shall apply to this policy as
appropriate. (D) Procedure. UFM is responsible for the installation,
changing or removal of locks and other forms of access to university property.
UFM is responsible for the distribution of all keys and access cards, which
shall remain the property of Kent state university. Key and access card control
at regional campuses, residence services and the college of podiatric medicine
and Kent student center are managed by the respective dean, department head or
delegate. Annually, the regional campuses and the college of podiatric medicine
shall submit specific key and access control procedures along with a detailed
inventory of keys and access cards to the associate vice president of
facilities, planning and operations. No person shall knowingly possess an
unauthorized key or access card for Kent state university. (1) Lost key or access card. In the event a key or access
card is lost or stolen, UFM shall determine if rekeying of the point of access
is required. Such determination will be made in consultation with the affected
unit administrator, and any such costs associated with the rekeying shall be
charged to the unit. Fees for keys lost or not returned by individuals upon
leaving the university are the responsibility of the issuing unit. (2) Duplicating keys is prohibited. (3) All building master key and grand master key requests
must be approved by the associate vice president for facilities planning and
operations. (4) Temporary access to areas may be granted to vendors
only by FPO and police services. FPO is responsible for the development and
implementation of the process for granting such access and shall communicate
this process directly to affected individual units. (5) Unauthorized locks are prohibited on doors and if found
will be removed and discarded. Any damages or repairs resulting from the
removal of unauthorized locks will be the responsibility of the unit
responsible for the affected area if found in violation of this policy.
Electronic locks installed on exterior door(s) must be connected to the KSU
network centrally controlled system. The exceptions are regional campuses and
the college of podiatric medicine. (6) All key and access card requests shall be submitted on
the UFM lock shop form. (7) Keys are issued from UFM to individuals and will remain
in the key holders name until UFM physically receives and processes the
keys as returned. Keys and access cards are issued from the kent student center
to individuals and will remain in the key holders name until the kent
student center physically receives and processes the keys as returned.
(8) All key holders and access card holders shall report
lost or stolen keys immediately within twenty-four hours of discovery to UFM
lock shop and department or unit. (E) Responsibilities. (1) The unit administrator is responsible for: (a) The full
implementation of this policy within the designated area; (b) Approving (or
delegating authority to building curator to approve) key or access card
requests and forwarding such requests for further processing in accordance with
this policy; (c) Approving the
completed annual key and card access inventory provided for in paragraph
(E)(2)(b) of this rule; and (d) Maintaining
appropriate departmental records subject to an internal review; (2) The building curator is responsible for: (a) Reviewing an annual
inventory, provided by UFM, for all faculty and staff who have key access to
the building. regional campuses, residence services and the college of
podiatric medicine shall submit a key inventory to UFM lockshop on an annual
basis. (b) Renewing each
semester the access cards issued to students who have continuing need for the
access cards; (c) Building curators
shall work with the registrars office to obtain a course schedule prior
to each semester, and issue mechanical keys to the instructor for access to the
assigned classroom. Curators shall request changes to staff access cards for
access to classrooms by sending a list of changes, attached to a work order, to
the UFM lock shop. The curator shall keep an inventory of keys and cards issued
to instructors for access to classrooms which shall be submitted to the UFM
lock shop for review twice a year. (3) The individual requesting access is responsible for:
(a) Completing the
appropriate request form and securing approvals; (b) Picking up and
signing for keys or cards from UFM lock shop. Only the keyholder and/or access
cardholder may sign for the keys or access cards. (c) Maintaining and
securing keys or access cards under their control; (d) Reporting lost or
stolen to UFM immediately within twenty-four hours of discovery to UFM lock
shop; and (e) Paying any
replacement fee resulting from loss or failure to return an assigned key.
(F) Violation. Employees in violation of this policy will
be referred to human resources for appropriate disciplinary action.
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Rule 3342-5-12.501 | Operational procedures and regulations regarding use of automobiles owned or leased by the university.
(A) University-owned vehicles assigned to a department shall be used only for official university business (B) Only university employees are permitted to drive motor vehicles owned or leased by the university. Students are not permitted to drive a university owned vehicle unless specific authorization is granted by the department head. (C) All persons driving motor vehicles owned or leased by the university must hold a valid drivers license in the state of Ohio or in the state in which the operator resides. Supervisor authorizing the assignment of a motor vehicle shall require verification of a drivers license. Drivers are liable for all violations issued while the vehicles are assigned to them. (D) The department shall be responsible for any deductible amount, other uninsured expense or damage to the contents of the vehicle. (E) Eligible employees, as defined in rule 3342-5-12.5 of the Administrative Code shall be authorized to obtain a university leased vehicle by contacting the procurement department and returning a properly authorized vehicle preference and selection form. (F) University automobiles provided as part of an employees employment contract may be used for personal use outside the daily commute when the employee makes a contribution toward the cost of the vehicle. The amount of contribution shall be determined by the vice president for administration. Any personal use in excess of an employees contribution toward these costs will be calculated annually and included as taxable earnings on the employees W-2 form in accordance with the appropriate laws and regulations. (G) Employees who have a vehicle provided as part of their compensation package, including but not limited to the president, executive officers, regional campus deans, and other employees as approved by the president, shall be given the option of obtaining a university leased vehicle as described in paragraph (A) of this rule, or receiving a monthly stipend. The monthly stipend amount shall be determined from time to time by the vice president for administration. This amount shall be sufficient to cover the business usage portion of acquiring a personally owned vehicle and related costs. In addition, employees receiving a stipend will be eligible for reimbursement of business miles traveled at standard IRS mileage rates.
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Rule 3342-5-12.601 | Operational procedures and regulations on student organization use of university and rental vehicles.
(A) Vehicle rentals. In order to process all necessary material, written requests for use of vehicles must be presented to the center for student involvement at least twenty-one calendar days in advance of the intended use by a member of a registered student organization. The request must include the names of all passengers in the vehicle and information describing the purpose for which the vehicle is requested. (B) Information verification. (1) The center for student involvement will verify that all drivers are registered students and are eighteen years of age or older. The center for student involvement will check the passenger list to verify that passengers are students, staff, faculty or persons participating in official university programs on the campus. Approval for the use of the university vehicle or rental vehicle by the center for student involvement is based solely upon the determination of whether the intended use of the vehicle pertains to the official business of the university. (2) The center for student involvement will provide information to the Kent state university police department necessary to check for a valid drivers license for all proposed drivers. The Kent state university police department shall report to the center for student involvement on the validity of each license. (C) Student organization financial accountability. The center for student involvement will verify the student organization's ability to meet all applicable vehicle-related expenses. (1) If the organization has an account with the university, it must currently have a balance to cover estimated costs plus the current insurance deductible sum in case of any damage to the vehicle. (2) If an organization does not have an account, an advance deposit will be required to cover all estimated costs. In addition, a deposit amounting to any current insurance deductible sum per vehicle is required to cover any potential damage to the vehicle. This deposit will be returned if no damage occurs.
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Rule 3342-5-12.901 | Operational procedure regarding the use of skateboards, rollerblades, bicycles, and similar conveyances on campus.
(A) Purpose. Those commuting within Kent state university, in order to provide a safer environment for inner-campus commuting, are required to abide by the following. (B) Scope of authority. Facility curators and other university officials have authority to enforce this rule within campus buildings. (C) Prohibitions. (1) No person shall operate a skateboard, rollerblades or a bicycle on a sidewalk or walkway that duly interferes with pedestrian traffic; caution is to be exercised at all times and the right of way yielded to pedestrians. (2) No person shall operate a skateboard, rollerblade, bicycle or motorized vehicle on any artificial or specially prepared surface including but not limited to tennis courts, running tracks and basketball courts. (D) Bicycle operations. (1) Bicycle operators are expected to adhere to all posted warning, caution, or speed limit signs. (2) In the absence of posted speed limits, bicycle operators are expected to act in a responsible manner and in respect of local conditions. (3) Bicycles are to be secured only to the racks provided; bicycles may not be secured to trees, light poles, posts, handrails, or buildings. (4) In residence halls, bicycles may be kept in authorized storage areas; and in student rooms with the approval of all occupants of the room. (E) Student center plaza. Through traffic is permitted for bicycles and rollerblades in the student center plaza. Skateboards are not permitted on the plaza. (F) Motorized vehicles. (1) Only university authorized motorized vehicles, other than wheelchairs, may be operated on sidewalks. (2) Mopeds or other gas powered conveyances may not be brought into residence halls.
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Rule 3342-5-13 | University policy regarding voluntary gift support, including naming opportunities.
Effective:
February 23, 2022
(A) Policy statement. The president of the university shall be responsible to provide overall leadership for voluntary gift support and other philanthropic and development initiatives at Kent state university. Furthermore, the president, or designee, shall be responsible for the oversight of all fundraising campaigns as well as all other duties and responsibilities related to the naming of facilities and endowments as provided for in this rule. (B) Definition. For the purposes of this policy, "facilities" means any university property owned by the university including but not limited to buildings, structures, roads, and other similar features and structures of a permanent natures (including but not limited to water features, fountains, statues, and clock towers). (C) Implementation. The board delegates to the president of the university the right to establish the minimum levels of support required for all naming opportunities. The president may delegate this authority to the vice president for philanthropy and alumni engagement, but reserves final approval over any revisions to such minimum levels of support. (1) Naming of facilities. At all times and in accordance with paragraph (G)(2) of rule 3342-2-02 of the Administrative Code, the board of trustees reserves the right of final approval for the naming of any facilities at Kent state university. To this effect, all potential donors will be informed that the naming honor is subject to review and/or approval by the board of trustees as provided for herein. (a) The final approval of the board of trustees is required prior to the execution of any honorific (non-donative) related naming agreements for facilities. (b) Consistent with paragraph (C)(1) of this rule, the final approval of the board of trustees is required prior to the execution of any philanthropic (donative) related naming agreements for facilities. Notwithstanding the foregoing, the board of trustees delegates to the president of the university the authority to approve such philanthropic naming opportunities with a total value/cost under one hundred thousand dollars. In the event of an approval by the president as provided for in paragraph (C)(1)(b) of this rule, the president shall notify the board of trustees of such naming opportunity no later than the next board meeting after the final written agreement is executed. (c) All agreements under this policy must be in writing and approved as provided for in this rule prior to any transaction in furtherance of the gift. Without such approval, no written agreement or transaction shall be considered final by either the university or donor. (2) Naming of endowments. (a) The president reserves the right for the final approval for the naming of any endowments at Kent state university. Minimum levels of support are required before an endowment is fully funded and can be allocated under the donor's or designee's name. Funds may be established with a one-time gift or predetermined payment plan (with such plan not to exceed five years unless otherwise approved by the vice president for philanthropy and alumni engagement.. (b) All agreements under this rule must be in writing and shall be approved by the president prior to any transaction in furtherance of the gift. No written agreement as provided for in paragraph (C)(2)(a) of this rule shall be considered final by either the university or donor until such agreement is signed by the president. (3) Naming of academic administrative structures. The board of trustees reserves the right of final approval for the naming of any academic administrative structures created or existing in accordance with rule 3345-2-03.1 of the Administrative Code, including but not limited to: colleges, schools, departments, centers and institutes. (4) Other naming opportunities. The president reserves the right for the final approval for naming opportunities associated with administrative, faculty, student and programmatic support as provided for in rule 3342-5-13.2 of the Administrative Code. All agreements under this rule must be in writing and shall be approved by the president prior to any transaction in furtherance of the gift. No written agreement as provided for in paragraph (C)(3) of this rule shall be considered final by either the university or donor until such agreement is signed by the president. (D) Powers reserved. The board of trustees further reserves the right to make final determinations in situations where the university must reexamine a facility that is currently named as a result of a previous philanthropic gift. Such situations include but are not limit to decisions whether to eliminate certain naming options, to remove a donor's name from a facility when gift intent cannot be fulfilled, or in other circumstances at the boards sole discretion where removal of said name is deemed to be in the university's best interests and is not otherwise specifically prohibited by the donor agreement. The president reserves a similar right with regard to named endowments. (E) Responsibility. The vice president for philanthropy and alumni engagement shall be responsible for the development, implementation, and administration of all university gifts for naming of university facilities and endowments and may adopt such rules and regulations as may be necessary to carry out this responsibility, as delegated by the president.
Last updated February 23, 2022 at 8:24 AM
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Rule 3342-5-13.1 | Administrative policy regarding naming opportunities.
(A) Policy statement. Kent state university may name
facilities and academic programs in order to recognize donors who make gifts
that significantly advance the university's ability to carry out its
instruction, research and public-service missions. (B) Scope. This policy applies to all naming opportunities
involving facilities and endowments meeting the minimum levels of support
throughout the eight-campus system of Kent state university as provided for in
rule 3342-5-13 of the Administrative Code. (C) Definition. For the purposes of this policy,
"facilities" means any university property owned by the university
including but not limited to buildings, structures, roads, and other similar
features. (D) Types of gifts for named facilities and
endowments. (1) Naming of facilities. Opportunities for naming
facilities includes, but is not limited to, new construction, renovations, and
space designations. At all times, the university retains the discretion to
rename buildings, renovated areas, and spaces when renovation or replacement is
required while continuing to acknowledge the donor's original gift in an
appropriate way. The university reserves the right to discontinue or eliminate
a naming on a facility or space after its useful life at the sole determination
of the board. A time limit may be placed on a naming opportunity if the
donation is not endowed or permanently established. (2) Endowed chair. This designation of a named
"chair" is available to gifts seeking to provide a permanently
funded opportunity for truly outstanding scholars according to rigorous,
nationally accepted standards and is the highest honor Kent state university
may award to a faculty member. The reputations of individuals recruited as
chairs will reflect their special understanding of their particular field of
study and their nurturing of the leading scholars of the future. Chairs at Kent
state university, as at other prestigious universities, will constitute that
small cadre of exceptionally-gifted professors whose names evoke immediate
acknowledgement and respect in academic circles. This award typically
supplements existing budgeted salaries, but is also available to support the
teaching and research activities (including but not limited to the purchase of
university equipment) of the individual selected to occupy the endowed
chair. The gift may further be designated as follows: distinguished
endowed chair, endowed research chair, and endowed chair. (3) Endowed professorship. This designation is available to
gifts seeking to provide for the designation of a named
"professorship" to those positions held by exceptionally-gifted
scholars. Professorships are typically held by those faculty members whose
accomplishments indicate great potential. Their efforts are focused on honing
their teaching skills and carving out areas of research performance. This award
typically supplements existing budgeted salaries and may be awarded at the
professor, associate professor or assistant professor levels with
qualifications for each endowment to be determined on a case-by-case
basis. (4) Endowed administrator. This designation is available to
gifts seeking to provide for a designation related to an administrative
position at Kent state university. This award typically supplements existing
budgeted salaries, but may also be used to fund university-wide initiatives in
further of the universitys strategic plan and/or mission. (5) Undergraduate endowed scholarship, founder's
medallion scholarship, or graduate endowed fellowship. These three funds will
be used to endow significant fellowships and scholarships at Kent state
university. Fellowships are reserved for graduate students, and scholarships
are generally given to undergraduate students. (6) Library endowments. (a) Library endowment
fund. Income from the principal will provide unrestricted support to the annual
operation of the Kent state university libraries. This endowment is very
valuable because of the critical nature of the library as it serves a technical
and research-oriented university. (b) Unrestricted
scholarship or other endowment. Named unrestricted scholarship endowments rank
as top priority in establishing scholarship endowments at Kent due to the
flexibility they present. These scholarships can be used to recruit and retain
the brightest and most capable students without any restrictions. (c) Library media
endowment. This endowment will be used to place new media, which may include
things such as but not limited to books, magazines, periodicals, electronic
media or subscriptions in honor or memory of those who have elected to endow a
library book fund in the Kent state university libraries. (7) Other such gifts as may be approved by the board upon
recommendation of the president. From time to time, a donor may present a
naming opportunity or endowment that may not be specifically provided for or
described under this rule (including but not limited to programs, centers and
institutes, schools and departments, and colleges). To ensure that the university and its donors may engage in such
opportunities and as to not impede or limit the universitys options
under this rule, the board may approve other such gifts as may be contemplated
for naming facilities or endowments upon recommendation of the
president. (E) Procedures. (1) Review of publicly available information. In order to
protect the reputation and best interests of the university, the vice president
for institutional advancement shall conduct a reasonable review of publicly
available information on donors prior to submitting the naming resolution to
the board of trustees. (2) Gift opportunities under this policy shall be presented
by the vice president of institutional advancement to the president, and the
president shall provided approval of such opportunity, prior to any
presentation to the board of trustees for approval as may be required by the
Administrative Code. (3) Any written agreements in which Kent state university
is a contracting party under this rule shall be reviewed and executed pursuant
to rules 3342-5-04 and 3342-5-04.1 of the Administrative Code.
Last updated February 9, 2022 at 1:41 PM
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Rule 3342-5-13.2 | Administrative policy regarding minimum levels of support for naming opportunities.
(A) Policy statement. The following amounts are established
by the president as the minimum levels support for the naming opportunities
established in rule 3342-5-13.1 of the Administrative Code. (1) Minimum levels for facilities: (a) New facilities:
Thirty-three to fifty-one per cent of the cost of construction depending on
source of total funds plus a ten per cent maintenance endowment. (b) Renovations:
Thirty-three to fifty-one per cent of the renovation cost depending on source
of total funds, plus ten per cent maintenance endowment. (c) Components of a
structure (i.e. classroom technology, equipment): one hundred fifty per cent of
actual square-footage cost. (d) Courtyards, gardens,
and other landscaping: one hundred fifty per cent of actual square-footage
cost. (e) Current facilities
not under renovation can be named in honor of an individual with an appropriate
gift as determined by the board committee. (2) Minimum levels of faculty support: (a) Distinguished endowed
chair: $2,500,000. (b) Endowed research
chair: $1,500,000. (c) Endowed chair:
$1,000,000. (d) Endowed
professorship: $500,000. (e) Endowed visiting
professorship: $500,000. (f) Endowed faculty
fellowship: $250,000. (3) Minimum levels of administrative support: (a) Presidential endowed
chair in educational leadership (for the sitting president of Kent state. Only
one available): $5,000,000. (b) Endowed deanship:
$2,000,000. (c) Endowed directorship
of athletics: $3,000,000. (d) Endowed head coaching
(football, baseball, basketball): $1,000,000. (e) Endowed head coaching
(all other sports or position coaches): $500,000. (4) Minimum levels of student support: (a) Undergraduate endowed
scholarship: $25,000 (depending upon the scholarship level). (b) Founder's
medallion scholarship: $100,000. (c) Graduate endowed
fellowship: $100,000. (5) Minimum levels for other program support. (a) Program funds:
$100,000. (b) Centers and
institutes: $1,000,000. (c) Schools and
departments: $3,000,000. (depending upon size and stature of the college and
circumstances of the gift). (d) Colleges: $10,000,000
to $50,000,000 (depending upon size and stature of the college and
circumstances of the gift).
Last updated February 9, 2022 at 1:41 PM
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Rule 3342-5-13.3 | Administrative policy regarding voluntary gift support.
(A) Purpose. In order to
minimize duplication of effort, improve coordination of programs and increase
the active participation of faculty, staff and students in the identification,
cultivation and solicitation of contributions for the support of university
programs, all fund-raising activities shall be coordinated by the vice
president for institutional advancement. (B) Implementation. (1) Assistance and consultation. The division of institutional
advancement is available to assist in the coordination of all fund-raising
plans across Kent state university and its eight-campus system. The vice
president for institutional advancement and/or designee should be consulted
before any effort to enlist voluntary financial support is
launched. (2) The Kent
state university foundation is a separate entity engaged by the university to
receive, record, acknowledge, deposit and invest, and disburse all funds
received as gifts. All such gifts must be made payable to the Kent state
university foundation and designated as restricted or unrestricted for use by
the university. The Kent state university foundation ("foundation")
is also designed by the university to receive, record, acknowledge, maintain,
reassign, convert or dispose of all "gift-in-kind" of property,
materials, equipment, books and artifacts donated in the name of the Kent state
university foundation for use by or in support of the university. Contributions and gifts. Gifts of any kind that are made payable
specifically to Kent state university (and not "Kent state university
foundation") cannot be reassigned to the foundation. Contributions that
are inadvertently or otherwise made payable to "Kent state
university" or one of its organizational units must be deposited with the
treasurer of the university, who will receive, record, acknowledge, deposit,
invest, and disburse these tax-deductible contributions according to the wishes
of the donors, and subject to all appropriate federal and state
statutes.
Last updated February 9, 2022 at 1:41 PM
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Rule 3342-5-14 | University policy regarding emergency management plan.
(A) Purpose. (1) Preparedness to cope with the effects of a disaster includes many diverse but interrelated elements, which must be woven into an integrated emergency management system involving all departments of the university, other public and support agencies, plus the individual citizen. (2) The emergency management plan is a statement of policy and procedures regarding emergency management and assigns tasks and responsibilities to university officials specifying, and in some cases, redefining their roles during emergency or disaster situations. (B) Proclamation of a university emergency. (1) The president is ultimately responsible for initiating a response to the threat to lives and property in an emergency or disaster situation; therefore, the president or designee is authorized by the Kent state university emergency proclamation. (2) The proclamation of a university emergency is a statement that the president of the university or designee has invoked those portions of the Revised Code which are applicable to the emergency situation. In addition, the president has put into full force and effect at Kent state university, the exercise of all necessary emergency authority for responding to the threat to lives and property on the campuses and the restoration of normal university operations with minimal interruption. (3) With the issuance of a Kent state university emergency proclamation, all officers and employees of Kent state university are hereby directed to exercise the utmost diligence in the discharge of duties required of them for the duration of the emergency, and the execution of emergency laws, regulations, and directives -- state and local. (4) All members of the university community including students, faculty, staff, and visitors are called upon and directed to comply with necessary emergency measures, to cooperate with university officials, other public officials, and disaster services operatives in executing emergency operational plans and to obey and comply with the lawful directions of properly identified officers.
Last updated April 9, 2021 at 8:38 AM
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Rule 3342-5-14.1 | Administrative policy on campus emergencies, safety and security and related technologies.
(A) Policy statement. The purpose of the
policy is to prepare the university to effectively plan for, respond to, and
recover from a major emergency and to delegate the coordination of emergency
management and public safety initiatives on all university campuses and
locations through the director of public safety. (B) Authority. This policy is promulgated
pursuant to the authority granted to the board of trustees in sections 3341.04,
3345.21 and 3345.26 of the Revised Code, as amended, and as directed by the
board in paragraph (B)(1) of rule 3342-5-14 of the Administrative
Code. (C) Definitions. (1) Emergency. An
emergency is an event or condition that presents an imminent risk of death,
serious injury, or illness to the university community, suspension or
signfiicant disruption of university operations, significant physical or
environmental damage, or significantly threatens the university's
financial well-being. (2) Public safety
initiative. A public safety initiative is any action or act related to the
protection, safety, and security of employees, students and the general
public. (3) Emergency management
plan. The emergency management plan is the university's strategy to
prepare for, mitigate, respond to, and recover from actual or potential
emergencies. (4) Emergency response
plan. Emergency response plans are the internal, facility or department plans
that prescribes the changes in functional responsibilities and operations of a
facility or department during an emergency. (D) Implementation. (1) The senior vice
president for finance and administration, through delegation from the
president, directs the director of public safety to develop, maintain, and
review the emergency management plan encompassing all university campuses and
locations. The plan shall include, at a minimum, provisions for the following:
(a) The common goal to maximize human safety and survival,
minimize danger, preserve and protect property and critical infrastructure,
provide for responsible communication with the university community and the
public during and after an emergency, and restore normal activities;
(b) The utilization of university resources and processes
to prevent or otherwise mitigate potential emergencies; (c) The establishment of an emergency response team at each
campus responsible for assisting with emergency planning and response;
(d) Collaboration with local emergency management partners;
(e) An effective means of public emergency notification at
the campus level; (f) Facility and department-level emergency response plans;
and (g) Adoption of the national incident management system.
(2) The director of
public safety is responsible for all public safety initiatives related to
safety, security and emergency management, including creating, revising, and
assisting in the implementation of policy and procedures, standards of
associated technologies, and employment descriptions for public safety
personnel, at all university campuses and locations. (3) University personnel
at each campus and location will cooperate with the director of public safety
in creating, revising and implementing emergency plans and public safety
initiatives. This includes, but is not limited to, cooperation in complying
with all state and federal laws and regulations related to safety and security.
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Rule 3342-5-14.2 | Administrative policy regarding epidemic, pandemic, and community health requirements.
(A) Purpose. This policy is intended to
provide Kent state university with the ability to take certain community health
measures to respond to a public health emergency related to a transmittable
disease, epidemic, and/or pandemic that may affect the health and safety of
persons associated with Kent state university. (B) Scope. This policy applies to all
faculty, staff, students and student organizations while conducting any
activities on or off campus ("community members") and to visitors
of Kent state university while present at any university location.
(C) Implementation. (1) Authority to
establish health requirements. The president, in consultation with the
university chief physician (UCP), shall hold the authority to
establish specific health requirements for community members and/or visitors
appropriate to community health risks as recommended by the United States
department of health and human services centers for disease control and
prevention (CDC) or the Ohio department of health. All community
members of any campus of Kent state university shall be required to comply with
all specific health requirements promulgated under this policy as may be
prescribed by the president pursuant to an identified community health risk.
The president will communicate via electronic mail to community members all
specific health requirements promulgated under this policy. All specific health
requirements will also be posted on the Kent state university website to
provide notice to visitors of the specific health requirements that are
applicable to their visit. (2) Modifications or
rescission of specific health requirements. The president shall hold the
authority to modify or rescind any previously established specific health
requirements for community members and/or visitors. The president or the UCP
will communicate any modifications or rescissions of all specific health
requirements promulgated under this policy via electronic mail to Kent state
university faculty, staff, and students. Modifications and rescissions will
also be posted on the Kent state university website to provide notice to
visitors of the specific health requirements that are applicable to their
visit. (3) Public health orders.
In the event that the Ohio department of health or other authorities with
jurisdiction under Ohio law issue orders, directives or other mandatory
guidance (for example, public health orders signed by the director of the Ohio
department of health) that imposes restrictions upon or mandates certain
actions by members of the university community and/or visitors that are similar
to the matters addressed or promulgated by this policy, it is the intention of
this policy that the more stringent restriction or requirement apply. To the
extent that there is a conflict between a public health order and any provision
of this policy, the public health order will control. (D) Actions. Each person within the Kent
state university community shall be required to comply with this policy and all
specific health requirements promulgated under this policy. Failure of
community members to comply with this policy and established requirements may
result in disciplinary action under the code of student conduct or the employee
disciplinary process, as may be applicable. Visitors found in noncompliance
with this policy may be prohibited from remaining on or returning to campus.
(E) Exemptions. All requests for
exemptions from this policy must be in writing and provided to the appropriate
office as provided herein. (1) Medical exemption
from the temporary health requirement may be granted upon submission to
university health services of a licensed physicians statement that the
community member has a valid contraindication to the health requirement.
(2) Religious exemption
from the health requirement may be granted if a student aged eighteen or older
(or parent/guardian if student is under eighteen years of age), submits a
signed religious exemption form to university health services.
Last updated July 1, 2021 at 10:08 AM
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Rule 3342-5-15 | University policy regarding records retention.
Effective:
October 1, 2019
(A) The board of trustees hereby
authorizes the development of a program for the administering of the records of
Kent state university pursuant to sections 149.33, 149.35, 149.43, and 149.351
of the Revised Code. (1) The program created
hereunder shall apply efficient and economical management methods to the
creation, utilization, maintenance, retention, preservation, responses to
public records requests, and disposition of the records of the
university. (2) Such records shall be
maintained in accordance with the provisions of section 9.01 of the Revised
Code. Any record maintained in a physical form can also be maintained in
electronic form in accordance with division (I) of sections 1306.20 and 1306.11
of the Revised Code, except in such instances as a physical form may be
required by state or federal regulations as applicable to the university and
its operations. (B) The board hereby delegates the
authority and responsibility for establishing the program and approving
retention periods for records to the office of general counsel. The program
established shall be guided by the records retention for public colleges and
universities in the Ohio manual developed by the inter-university council of
Ohio. Any revisions to the retention period shall not
be effective until July first of each year. (C) Responsibility for adhering to the
policies and procedures regarding records shall reside with the head of the
respective unit where the records are maintained. (D) The office of general counsel shall
provide for an orderly process through which records that have reached the
applicable retention period may be discarded. Before any such records are discarded, the record holder must
complete the "record destruction form," which then must be reviewed
and approved by: (1) The university
archivist, who shall review the records for historical significance;
and (2) The office of
general counsel.
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Rule 3342-5-15.1 | Administrative policy regarding public records.
Effective:
September 1, 2019
(A) Purpose. It is the policy of Kent state university that
openness leads to a better informed citizenry, which leads to better government
and better public policy. It is the policy of Kent state university to adhere
to the Ohio public records act. (B) Definitions. (1) Record. For the purposes of this policy, a record
includes any document, device, or item, regardless of physical form or
characteristic, including an electronic record; that is created or received by,
or coming under the jurisdiction of the university; and documents the
organization, functions, policies, decisions, procedures, operations, or other
activities of the university. (2) Public record. A "record" as defined in
this paragraph that is kept by the university, subject to applicable exemptions
from disclosure under Ohio or federal law. All public records shall be
organized and maintained in such a way that they can be made available for
inspection and copying. (C) Implementation. (1) Handling requests. All requests for Kent state
university public records shall be directed to the office of general counsel
("OGC"). No specific language is required to make a request for
public records. However, the requester must at least identify the records
requested with sufficient clarity to allow OGC to identify, retrieve, and
review the records. (a) The requester does
not have to put a records request in writing, and does not have to provide
their identity or the intended use of the requested public record(s). It is OGC
general policy that this information is not to be requested. However, OGC may
ask for a written request, the requesters identity, and/or the intended
use of the information requested, if a written request or disclosure of
identity or intended use would benefit the requester by enhancing the
OGCs ability to identify, locate, or deliver the public records that
have been requested; and the requester is first told that a written request is
not required and that the requester may decline to reveal the requesters
identity or intended use. (b) In processing the
request, the university does not have an obligation to create new records or
perform a search or research for information in the universitys records.
An electronic record is deemed to exist so long as a computer is already
programmed to produce the record through the universitys standard use of
sorting, filtering, or querying features. (c) In processing a
request for inspection of a public record, an OGC employee may accompany the
requester during inspection to make certain original records are not taken or
altered. (2) Response timeframe. Public records are available for
inspection promptly during regular business hours. Copies of public records
shall be made available within a reasonable period of time. (a) "Prompt"
and "reasonable" take into account the volume of records requested,
the proximity of the location where the records are stored, the necessity for
any legal review and redaction, and other facts and circumstances of the
records requested. (b) It is the goal of OGC
that all requests for public records should be acknowledged in writing or, if
feasible, satisfied within three business days following OGCs receipt of
the request. (3) Electronic records. Records in the form of e-mail, text
messaging, and instant messaging, including those sent and received via a
hand-held communications device, are to be treated in the same fashion as
records in other formats, such as paper or audiotape. Public record content
transmitted to or from private accounts or personal devices is subject to
disclosure. All employees or representatives of the university are required to
retain their e-mail records and other electronic records in accordance with
applicable records retention schedules. (4) Denial and redaction of records. If the requester makes
an ambiguous or overly broad request or has difficulty in making a request such
that OGC cannot reasonably identify what public records are being requested,
the request may be denied, but OGC will then provide the requester an
opportunity to revise the request by informing the requester of the manner in
which records are maintained and accessed by OGC. (a) If OGC withholds,
redacts, or otherwise denies requested records, it will provide an explanation,
including legal authority, for the denial(s). If the initial request was made
in writing, the explanation will also be in writing. If portions of a record
are public and portions are exempt, the exempt portions may be redacted and the
rest will be released. (b) When making public
records available for public inspection or copying, OGC shall notify the
requester of any redaction or make the redaction plainly visible. (5) Copying and mailing costs. Those seeking public records
may be charged only the actual cost of making copies, not labor. The charge for
paper copies is ten cents per page. The charge for electronic files downloaded
to a compact disc, USB flash drive, or other portable storage device is the
actual cost of the device. A requester may be required to pay in advance for
the actual costs involved in providing the copy. (a) The requester may
choose whether to have the record duplicated upon paper, upon the same medium
on which the public record is kept, or upon any other medium on which OGC
determines that the record can reasonably be duplicated as an integral part of
the offices normal operations. (b) If a requester asks
that documents be delivered to them, the requester may be charged the actual
cost of the postage and mailing supplies, or other actual costs of delivery.
There is no charge for e-mailed documents. (D) Managing records. Kent state university records are
subject to retention schedules pursuant to rule 3342-5-15 of the Administrative
Code. The universitys current schedules are available on the OGC
website, a location readily available to the public as required by division
(B)(2) of section 149.43 of the Revised Code.
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Rule 3342-5-16 | University policy regarding unlawful discrimination and harassment.
(A) Purpose. This policy prohibits discrimination and
harassment based on race, color, religion, gender, sex, sexual orientation,
national origin, ancestry, disability, genetic information, age, and protected
military or veteran status. Retaliation for reporting or participating in the
complaint process is also prohibited. The university encourages an atmosphere
in which the diversity of its members is understood and appreciated, free of
unlawful discrimination and harassment based on the above categories. Thus, all
members of the university are expected to join in creating a positive
atmosphere in which individuals can learn and work in an environment that is
respectful and supportive of the dignity of all individuals. (1) Definitions and processes for implementing this policy
will be defined in rule 3342-5-16.1 and 3342-6-02 of the Administrative Code.
(2) This policy is intended to promote the
university's commitment to equal opportunity, equity, and diversity. It is
not intended to censor first amendment rights to express ideas and opinions on
any topic provided that expression is not in the form of unlawful
discrimination or harassment. (B) Eligibility. This policy shall apply to all university
programs and services including, but not limited to, the following: recruiting,
admission, access to programs, financial aid, classroom instruction, academic
progress/grading, and social, recreational and health programs, as well as
employment, promotion, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other compensation, and
selection for training. (C) Responsibilities. The vice president for human
resources and the vice president for student affairs are jointly responsible
for implementation of this policy.
Last updated July 8, 2021 at 10:31 AM
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Rule 3342-5-16.1 | Administrative policy and grievance procedure regarding compliants of discrimination and harassment.
Effective:
November 22, 2021
(A) Purpose. This policy sets forth the
expectations and responsibilities for maintaining a safe educational and
employment environment free of discrimination and harassment. This policy
prohibits discrimination and harassment based on race, color, religion, gender,
sex, sexual orientation, national origin, ancestry, disability, genetic
information, age, and military or veteran status. Retaliation for reporting or
participating in the complaint process is also prohibited. (B) Definitions. (1) Office of compliance,
equal opportunity, and affirmative action (EOAA) and the office of gender
equity and Title IX (Title IX office). The offices that administers this
policy, including handling complaints of unlawful discrimination. EOAA has also
designated "affirmative action facilitators" at each regional
campus and in select university colleges and departments and the Title IX
office has designated "deputy Title IX coordinators." These
individuals may assist EOAA or the Title IX office wiht investigations. The
director of EOAA serves as the ADA Title II and Rehabilitation Act Section 504
coordinator overseeing complaints of disability discrimination. The gender
equity director within the division of student affairs serves as the Title IX
coordinator. (2) Complainant. The
person, organization, or department that files a complaint with EOAA or the
Title IX office alleging that they have been discriminated against.
(3) Respondent. The
person, organization, or department that the complaint is filed against. If the
respondent serves in more than one role on campus (for example, a respondent
who is both a student and an employee), the respondents primary role in
the occurrence of the alleged action shall determine which investigative path
below shall be followed. Additional sanctions based on the respondents
secondary role may be considered as appropriate. (4) Discrimination.
Action based on a protected category that limits a group or individuals
ability to participate in the universitys educational and employment
opportunities. (5) Harassment. A form of
discrimination. Harassment is defined as action taken without consent, based on
a protected category, and either: (a) Enduring the offensive conduct becomes a condition of
continued employment, academic success, or benefit; or (b) Sufficiently severe or pervasive so as to interfere with the
individual or groups ability to benefit from university employment,
services, activities or privileges. (6) Protected category.
The following personal characteristics are considered "protected
categories." Discrimination is prohibited based on the
following: (a) Race; (b) Color; (c) Religion: sincerely held religious beliefs; (d) Gender or sex. This includes discrimination based on gender
identity, gender expression, gender non-conformity, and pregnancy. Gender or
sexual harassment also includes the following: (i) Sexual misconduct.
Intentional sexual touching with any body part or object, that is without
consent. This also includes: (a) Sexual exploitation,
defined as taking non-consensual or abusive sexual advantage of another for
one's own benefit, or to benefit a third party; or (b) Knowingly
transmitting a sexually transmitted infection without consent. (ii) Stalking. Engaging
in a course of conduct directed at a specific person that would cause a
reasonable person to fear for their safety or the safety of others or suffer
substantial emotional distress. (iii) Domestic violence.
Felony or misdemeanor crimes of violence committed by a current or former
spouse or intimate partner of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate partner, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction, or by any other person against an adult or
youth victim who is protected from that person's acts under the domestic
or family violence laws of the jurisdiction. (iv) Dating violence.
Violence or intimidation committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim. The existence of
such a relationship shall be determined based on a consideration of the length
of the relationship, the type of relationship, and the frequency of interaction
between the persons involved in the relationship. Dating violence includes, but
is not limited to, sexual or physical abuse or the threat of such abuse.
(e) Sexual orientation; (f) National origin; (g) Ancestry; (h) Disability. This category includes protections for
individuals with a physical or mental impairment that substantially limits one
or more major life activity; individuals with a record of such an impairment;
or individuals regarded as having such an impairment. Complaints regarding a
failure to accommodate a disability are also included within this procedure.
(genetic information of an employee or an employees family member);
(i) Age: over forty years old; and (j) Military or veteran status. (7) Consent. An action
defined as the voluntary, unambiguous and uncoerced agreement to participate in
an act, the nature and full extent of which is understood by all parties.
Silence or lack of resistance cannot be the sole factor in determining consent.
Consent may be given verbally or nonverbally. All parties are responsible for
confirming that their counterparts consent is maintained throughout the
act and is present before engaging in a new act. A person may be incapable of
giving consent due to physical incapacitation, physical or mental disability,
threat, coercion, the influence of alcohol or drugs, or age. (a) Coercion. When an individual unreasonably pressures another
to engage in sexual activity, despite responses that the conduct is unwelcome
or unwanted. Coercion includes elements of pressure, duress, cajoling, and
compulsion. The pressure to participate may also be considered unreasonable
when the pressuring individual is in a position of influence or authority over
the other individual. (b) Incapacitation. A state where a person lacks the capacity to
reasonably appreciate the nature or extent of the situation because of their
physical or mental status, developmental disability, or alcohol or drug use.
(8) Retaliation. A
retaliatory action is any materially adverse action taken against a person
because they, or someone they are associated with, engaged in an activity
protected by this policy. Protected activity includes: (a) filing a good faith
report or complaint of discrimination under this rule or under the law; (b)
participating in the process for investigating complaints of discrimination
made under this rule or the law; (c) complaining of or opposing discrimination
as defined by this rule. A materially adverse action is one that might deter a
reasonable person from participating in the protected activity. It may include,
but is not limited to, termination, discipline, and harassment, but does not
include petty slights, minor annoyances, or trivial punishment. (C) Eligibility. All students, faculty,
staff, visitors, applicants, and university recognized student organizations.
This policy will apply to incidents occurring on campus or within
university-sponsored events and programs, and to incidents occurring off-campus
if both parties are affiliated with the University through enrollment or
employment at the time of the incident. Complaints within the purview of this
policy must be filed with EOAA within thirty business days of the alleged harm
(except complaints of sexual misconduct, stalking, domestic violence and dating
violence). (1) This policy does not
apply to those specific complaints of sexual harassment that fall within the
purview of Title IX and rule 3343-5-16.2 of the Administrative Code. The
director of gender equity/Title IX coordinator or designee will review reports
of discrimination and harassment to determine which policy is applicable. Title
IX and rule 3342-5-16.2 of the Administrative Code applies to: (a) Sexual harassment as defined by that policy (b) Occurring in a Kent state university education program or
activity, against a person in the United States; and (c) Filed by a complainant who, at the time of filing a formal
complaint, is participating in or attempting to participate in the education
program or activity of the university with which the formal complaint is filed.
(D) How to file a complaint. An eligible
person (as defined in paragraph (C) of this rule) who believes that they have
been discriminated against by a university department, an employee, a visitor
to campus, a student organization, or a student is encouraged to contact EOAA
to file a complaint by phone at 330-672-2038, or via email at aa_eeo@kent.edu.
Matters involving gender equity can be filed with the Title IX office by phone
at 330-672-7525 or at titleix@kent.edu. Complaints of retaliation follow this
same process. (1) The applicable office
(EOAA or the Title IX office) will first examine the allegations within the
complaint to determine if they are within the purview of this policy.
Complaints outside of the purview of this policy may be referred to another
university process. The office may also decline to accept a complaint if they
determine that the allegations, even if true, would not be a violation of this
policy. If the office declines to accept a complaint, the party who brought
forth the allegation will be notified in writing of this decision. This
decision may be appealed using the appeal process noted in this policy.
(2) A complainants
consent is generally necessary before an investigation will be started.
However, the office director may determine that an investigation may move
forward without the consent of the complainant, in the following situations:
where the director believes the safety of the university community may be at
risk because of the circumstances of the allegations; for repeated allegations
against a single respondent; or where the director believes the alleged policy
violations may affect a larger group. (3) Anonymous or indirect
reports will be reviewed to determine if enough credible information has been
provided to substantiate an investigation. At the discretion of the director,
the office may initiate an investigation without a specific complainant.
(4) The university will
make every reasonable effort to honor the confidentiality and privacy of all
parties involved to the extent practicable and allowed by law. The office may
be limited in its ability to investigate without permission to share relevant
details. Alleged felonies may be reported to the police in accordance with Ohio
law. The reporting party may make a report to law enforcement at any time.
(5) Remedial measures to
eliminate harassment may be available regardless of whether a complaint is
filed. Such measures may include modifications to academic, employment, and
housing situations as appropriate. A no-contact order may be put in place if
requested and would prohibit contact between both parties. (6) If a respondent has
more than one role with the university (for example, student and employee), the
complaint will be handled in accordance with the context the respondent was in
when the alleged incident occurred. At the conclusion of that process, EOAA,
the Title IX office, or office of student conduct may make additional
recommendations or finding regarding the respondents other role, as
appropriate. (7) If either party is a
minor who is not an enrolled student, the minors parents may be
notified. If the allegations involve sexual misconduct, stalking, or violence,
local law enforcement will be notified as well. (8) Parties notified. The
office will notify the respondent in writing when a complaint is made. If the
respondent is a university employee, organization, or department, relevant
supervisors and administrators will be notified of the complaint as well.
(E) Informal resolution. If both parties
agree to do so, the office may attempt informal resolution of the complaint
within sixty business days of filing the complaint. This may include a meeting
of both parties with the office representative to discuss the complaint and
come to a mutual resolution; a mutual no-contact order; or some other voluntary
resolution agreement. If an informal resolution is reached, it will be recorded
in writing. Either party may choose to elevate the complaint to a formal
investigation at any time, including if they feel the other party is not
adhering to the agreement. (F) Formal investigation. If informal
resolution is not attempted or reached, the office representative will conduct
an impartial, prompt and thorough investigation of the matter. (1) The investigation may
include, as applicable: interviews with both parties; interviews with anyone
that may have relevant information about the complaint; and collecting and
reviewing relevant documentation or other evidence. (2) A formal
investigation, including any of the resolution following steps, will be
completed within ninety business days of filing a complaint. If more time is
needed, the investigator will notify both parties in writing. (3) Either party may have
an individual of their choice accompany them through any stage of this process
to provide support and guidance. (4) The complainant may
request to withdraw their complaint at any point prior to the resolution of the
complaint. The complaint will be concluded at that point, without resolution,
unless the director elects to proceed with the complaint in accordance with
paragraph (B)(2) of this rule. (G) Formal resolution for student and
student organization respondents. If the respondent is a student or student
organization, the investigator will notify the office of student conduct that a
hearing panel should be convened and provide a report of their findings. For
more detailed information regarding the hearing and appeal proceedings, see the
code of student conduct. (1) The complainant and
the respondent will be notified of the date of the hearing, and it will be
scheduled to accommodate the class schedules of both parties. (2) Both parties will
have an opportunity to be heard before the the hearing decision-maker(s) and
bring any witnesses; . (3) The hearing
decision-maker(s) will decide whether the non-discrimination policy was
violated. The hearing decision-maker(s) uses a preponderance of the evidence
standard in making this decision. (4) Both parties will
receive the decision of the hearing decision-maker(s) in writing consistent
with the code of student conduct in rule 3342-4-02.1 of the Administrative
Code. (5) If discrimination or
harassment was found to have occurred, the written decision will include the
steps that the university will take to prevent recurrence of any discrimination
or harassment and to correct any discriminatory effects on the complainant and
others, if appropriate. (6) The decision may be
appealed by either party, in writing, to the office of student conduct and a
decision will be issued to both parties consistent with the code of student
conduct in rule 3342-4-02.1 of the Administrative Code An appeal may only be
made on the following bases. (a) Procedural
irregularity that affected the outcome of the matter; (b) New evidence that was
not reasonably available at the time the determination regarding responsibility
or dismissal was made, that could affect the outcome of the matter;
and (c) The decision-maker(s)
had a conflict of interest or bias for or against complainants or respondents
generally or the individual complainant or respondent that affected the outcome
of the matter. (d) For decisions
resulting in separation from Kent state university only (including but not
limited to suspension, dismissal, removal from university housing, and persona
non grata: sanction(s) imposed were not appropriate for the conduct violation
for which the respondent(s) was found responsible. (H) Formal resolution for employee,
university department, and visitor respondents. The investigator will summarize
any relevant information gathered as part of their investigation. The written
disposition will include the investigators determination of whether the
non-discrimination policy was violated. (1) The investigator uses
a preponderance of the evidence standard in making this decision. (2) If discrimination or
harassment was found to have occurred, the disposition will include the
investigators recommended sanctions to prevent recurrence of any
discrimination/harassment and to correct any discriminatory effects on the
complainant and others, if appropriate. (3) If the respondent is
an employee or department, the respondents department is responsible for
determining whether they will accept and implement the sanctions recommended in
the written disposition. The respondents department must notify the
office in writing within fifteen business days after receiving the
investigation findings if the recommended sanctions will be adopted. If not,
the department must identify what other course of action will be taken
regarding the respondent. (4) If the respondent is
a visitor to campus, the investigator may recommend the persona non grata
process be initiated pursuant to rule 3342-5-12.7 of the Administrative Code.
(5) The decision may be
appealed by either party, in writing, to the vice president of human resources
within seven business days, and a decision will be issued to both parties
within thirty business days. An appeal may only be made on the following
bases: (a) Procedural
irregularity that affected the outcome of the matter; (b) New evidence that was
not reasonably available at the time the determination regarding responsibility
or dismissal was made, that could affect the outcome of the matter;
and (c) The investigator(s),
or decision-maker(s) had a conflict of interest or bias for or against
complainants or respondents generally or the individual complainant or
respondent that affected the outcome of the matter. (I) Requirement to report. All employees
of the university (except those health care professionals with statutory
confidentiality requirements, when acting in their capacity as such) are
required to notify the Title IX office all instances of possible gender/sexual
harassment, sexual misconduct, stalking, and intimate partner violence within
the purview of this policy that they are made aware of in their capacity as an
employee. A report to the center for sexual and relationship violence support
services (SRVSS) or Kent state police services satisfies this requirement.
Employees are also expected to report to EOAA of possible non-gender based
discrimination or harassment they are made aware of in their capacity as an
employee. With EOAA office approval, university departments may create internal
reporting structures that ultimately and promptly lead to the EOAA office.
(J) Either party may file a seperate
complaint against the university may also be filed with external agencies,
including but not limited to: the Ohio civil rights commission, the equal
employment opportunity commission, and the department of education office for
civil rights.
Last updated November 22, 2021 at 8:20 AM
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Rule 3342-5-16.2 | Administrative policy regarding complaints of Title IX sexual harassment.
Effective:
November 22, 2021
(A) Purpose. Kent state university
prohibits unlawful discrimination and harassment and strives to provide a safe
and non-discriminatory environment for all students, employees, applicants, and
visitors. This policy sets forth the expectations and responsibilities for
maintaining an environment free of unlawful discrimination on the basis of sex
in university education programs or activities, in accordance with Title IX of
the Education Amendments of 1972 and Title 34 part 106 of the Code of Federal
Regulations. Sexual harassment, including sexual assault, dating violence,
domestic violence, and stalking is strictly prohibited by this policy.
Additionally, retaliation against those whose report sexual harassment or
participate in the process is prohibited. Inquiries about the application of
title IX to the university may be referred to the universitys title IX
coordinator, and to the U.S. department of education, office for civil rights.
(B) Definitions (1) Actual knowledge,
Notice of sexual harassment or allegations of sexual harassment to an
individual's Title IX coordinator or any university official who has
authority to institute corrective measures on behalf of the
recipient. (2) Complainant. An individual who is alleged to be the
victim of conduct that could constitute sexual harassment. (3) Consent. An action defined as the
voluntary, unambiguous and uncoerced agreement to participate in an act, the
nature and full extent of which is understood by all parties. Silence or lack
of resistance cannot be the sole factor in determining consent. Consent may be
given verbally or nonverbally. All parties are responsible for confirming that
their counterparts consent is maintained throughout the act and is
present before engaging in a new act. A person may be incapable of giving
consent due to physical incapacitation, physical or mental disability, threat,
coercion, the influence of alcohol or drugs, or age. (4) Coercion. When an individual
unreasonably pressures another to engage in sexual activity, despite responses
that the conduct is unwelcome or unwanted. Coercion includes elements of
pressure, duress, cajoling, and compulsion. The pressure to participate may
also be considered unreasonable when the pressuring individual is in a position
of influence or authority over the other individual. (5) Incapacitation. A state where a
person lacks the capacity to reasonably appreciate the nature or extent of the
situation because of their physical or mental status, developmental disability,
or alcohol or drug use. (6) Formal complaint. A document filed by
a complainant or signed by the Title IX coordinator alleging sexual harassment
against a respondent and requesting that the university investigate the
allegation of sexual harassment. The document may be a physical or electronic
submission (such as reporting online, using the reporting form available at
https://www.kent.edu/studentaffairs/genderequity-titleix_2_) that contains the
complainants physical or digital signature, or otherwise indicates that
the complainant is the person filing the formal complaint. (7) Respondent. An individual who has
been reported to be the perpetrator of conduct that could constitute sexual
harassment. (8) Sexual harassment. Conduct on the
basis of sex that satisfies one or more of the following: (a) An employee of the university conditioning the provision of
an aid, benefit, or service of the university on an individuals
participation in unwelcome sexual conduct. (b) Unwelcome conduct determined by a reasonable person to be so
severe, pervasive, and objectively offensive that it effectively denies a
person equal access to the universitys education program or activity.
(c) Sexual assault, which includes the following: (i) Rape (except
statutory rape). The carnal knowledge of a person, without the consent of the
victim, including instances where the victim is incapable of giving consent
because of their age or because of their temporary or permanent mental or
physical incapacity. (ii) Sodomy. Oral or anal
sexual intercourse with another person, without the consent of the victim,
including instances where the victim is incapable of giving consent because of
their age or because of their temporary or permanent mental or physical
incapacity. (iii) Sexual assault with
an object. To use an object or instrument to unlawfully penetrate, however
slightly, the genital or anal opening of the body of another person, without
the consent of the victim, including instances where the victim is incapable of
giving consent because of their age or because of their temporary or permanent
mental or physical incapacity. (iv) Fondling. The
touching of the private body parts of another person for the purpose of sexual
gratification without the consent of the victim, including instances where the
victim is incapable of giving consent because of their age or because of their
temporary or permanent mental or physical incapacity. (v) Incest. Nonforcible
sexual intercourse between persons who are related to each other within the
degrees wherein marriage is prohibited by law. (vi) Statutory rape.
Nonforcible sexual intercourse with a person who is under the statutory age of
consent. (d) Dating violence. Violence committed by a person who is or has
been in a social relationship of a romantic or intimate nature with the victim.
The existence of such a relationship shall be determined based on a
consideration of the length of the relationship, the type of relationship, and
the frequency of interaction between the persons involved in the relationship.
(e) Domestic violence. Felony or misdemeanor crimes of violence
committed by a current or former spouse or intimate partner of the victim, by a
person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse or intimate
partner, by a person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction, or by any other person
against an adult or youth victim who is protected from that person's acts
under the domestic or family violence laws of the jurisdiction. (f) Stalking. Engaging in a course of conduct directed at a
specific person that would cause a reasonable person to fear for their safety
or the safety of others, or suffer substantial emotional distress.
(9) Supportive measures.
Non-disciplinary, non-punitive individualized services offered as appropriate,
as reasonably available, and without fee or charge to the complainant or the
respondent before or after the filing of a formal complaint or where no formal
complaint has been filed. Such measures are designed to restore or preserve
equal access to the universitys education program or activity without
unreasonably burdening the other party, including measures designed to protect
the safety of all parties or the universitys educational environment, or
deter sexual harassment. Supportive measures may include counseling, extensions
of deadlines or other course-related adjustments, modifications of work or
class schedules, campus escort services, mutual restrictions on contact between
the parties, changes in work or housing locations, leaves of absence, increased
security and monitoring of certain areas of the campus, and other similar
measures. (10) Title IX coordinator. The university
administrator with authority and responsibility for overseeing the
universitys implementation of Title IX law and regulations and this
policy. The Title IX coordinators contact information may be located at
https://www.kent.edu/studentaffairs/genderequity-titleix.. (C) Scope. This policy applies to
complaints of sexual harassment as defined above, alleged to have occurred in
an education program or activity of the university, against a person in the
United States. (D) Grievance process. The following
grievance process to resolve complaints under this policy is expected to occur
within ninety business days from the date the complaint is filed. The Title IX
coordinator or designee may suspend or extend this time period by providing
written notice to parties citing the reason for the action. Parties may request
a temporary delay of the grievance process or the limited extension of time
frames for good cause by written request to the Title IX coordinator. Good
cause may include considerations such as the absence of a party, a
partys advisor, or a witness; concurrent law enforcement activity; or
the need for language assistance or accommodation of disabilities.
(1) Confidentiality. The
university shall treat as confidential the identity of any individual who has
made a report or complaint of sex discrimination, including any individual who
has made a report or filed a formal complaint of sexual harassment, any
complainant, any individual who has been reported to be the perpetrator of sex
discrimination, any respondent, and any witness, except as may be permitted by
law, or to carry out any investigation, hearing, or proceeding in this policy.
(2) Retaliation
prohibited. No person may intimidate, threaten, coerce, or discriminate against
any individual because the individual has made a report or complaint,
testified, assisted, or participated or refused to participate in any manner in
an investigation, proceeding, or hearing under this policy. Complaints alleging
retaliation may be filed according to the grievance procedures in this policy.
(3) Supportive measures.
The Title IX coordinator is responsible for coordinating the effective
implementation of supportive measures for both parties as applicable, before or
after the filing of a formal complaint or where no formal complaint has been
filed. The university shall maintain as confidential any supportive measures
provided to the complainant or respondent, to the extent that maintaining such
confidentiality would not impair the ability of the university to provide the
supportive measures, and as allowed by law. (4) Formal complaint. A
formal complaint may be filed with the Title IX coordinator in person, by mail,
or by electronic mail by using the contact information for the Title IX
coordinator. At the time of filing a formal complaint, a complainant must be
participating in or attempting to participate in an education program or
activity of the university. Where the Title IX coordinator signs a formal
complaint, the Title IX coordinator is not a complainant or otherwise a party.
Consolidation of formal complaints. The university may
consolidate formal complaints as to allegations of sexual harassment against
more than one respondent, or by more than one complainant against one or more
respondents, or by one party against the other party, where the allegations of
sexual harassment arise out of the same facts or circumstances. Where a
grievance process involves more than one complainant or more than one
respondent, references in this section to the singular "party,"
"complainant," or "respondent" include the plural, as
applicable. (5) Notice. Upon receipt
of a formal complaint, the university shall provide the following written
notice to the parties who are known: notice of this grievance process,
including any informal resolution process; and notice of the allegations of
sexual harassment potentially constituting sexual harassment as defined in this
paragraph, including sufficient details known at the time and with sufficient
time to prepare a response before any initial interview. If, in the course of an investigation, the
university decides to investigate allegations about the complainant or
respondent that are not included in the notice provided, the university shall
provide notice of the additional allegations to the parties whose identities
are known. (6) Dismissal of formal
complaint. (a) The Title IX coordinator shall dismiss formal complaints that
do not meet the following criteria. Formal complaints will be dismissed
promptly in writing to the parties, and may be considered under another
university policy, if applicable. (i) The alleged incident
must have occurred in a Kent state university education program or activity.
"Education program or activity" includes locations, events, or
circumstances over which the university exercises substantial control over both
the respondent and the context in which the sexual harassment occurred, and
also includes any building owned or controlled by a student organization that
is officially recognized by the university. (ii) The alleged incident
must have occurred against a person in the United States. (iii) At the time of
filing a formal complaint, a complainant must be participating in or attempting
to participate in the education program or activity of the university with
which the formal complaint is filed. (iv) The conduct alleged
in the formal complaint must constitute sexual harassment as defined in this
policy. (b) The Title IX coordinator may dismiss a formal complaint,
promptly in writing to the parties, if at any time during the investigation or
hearing: a complainant notifies the Title IX coordinator in writing that the
complainant would like to withdraw the formal complaint or any allegations
therein; the respondent is no longer enrolled or employed by the university; or
specific circumstances prevent the university from gathering evidence
sufficient to reach a determination. (7) Interim actions. The
university may remove a student respondent from an education program or
activity on an emergency basis after an individualized safety and risk analysis
determines that an immediate threat to the physical health or safety of any
student or other individual arising from the allegations of sexual harassment
justifies removal. The student respondent will be provided notice and an
opportunity to challenge the decision immediately following the removal. The
university may place an employee respondent on administrative leave during the
pendency of this grievance process. (8) Informal resolution.
At any time prior to reaching a determination regarding responsibility, the
university may facilitate an informal resolution process, such as mediation,
that does not involve a full investigation and adjudication. (a) Both parties voluntary, written consent to the
informal resolution process is necessary. At any time prior to agreeing to a
resolution, any party has the right to withdraw from the informal resolution
process and resume the grievance process with respect to the formal complaint.
(b) Informal resolution is not an option for resolving
allegations that an employee sexually harassed a student. (9) Investigation. The
Title IX coordinator or designee is responsible for investigating eligible
formal complaints. (a) The burden of proof and the burden of gathering evidence
sufficient to reach a determination regarding responsibility rest on the
investigator and not on the parties. (b) The respondent is not considered responsible for the alleged
conduct until a determination regarding responsibility is made at the
conclusion of the grievance process. (c) The university shall not access, consider, disclose, or
otherwise use a partys records that are made or maintained by a
physician, psychiatrist, psychologist, or other recognized professional or
paraprofessional acting in the professionals or paraprofessionals
capacity, or assisting in that capacity, and which are made and maintained in
connection with the provision of treatment to the party, unless the university
obtains that partys voluntary, written consent to do so for a grievance
process under this section, or as permitted by law. (d) The parties shall have an equal opportunity to present
witnesses, including fact and expert witnesses, and other inculpatory and
exculpatory evidence. (e) All parties are free to discuss the allegations under
investigation or to gather and present relevant evidence. (f) All parties shall have the same opportunities to have others
present during any grievance proceeding, including the opportunity to be
accompanied to any related meeting or proceeding by the advisor of their
choice. However, the advisor may not directly participate in the proceedings,
with the exception of the cross-examination portion of any hearing.
(g) Any party whose participation is invited or expected shall
receive written notice of the date, time, location, participants, and purpose
of all hearings, investigative interviews, or other meetings, with sufficient
time for the party to prepare to participate. (h) Both parties shall receive an equal opportunity to inspect
and review any evidence obtained as part of the investigation that is directly
related to the allegations raised in a formal complaint so that each party can
meaningfully respond to the evidence prior to conclusion of the investigation.
(i) Prior to completion of the investigative report, the
investigator shall send to each party and the partys advisor, if any,
the evidence subject to inspection and review in an electronic format or a hard
copy, and the parties shall have ten calendar days to submit a written
response, which the investigator will consider prior to completion of the
investigative report. (j) The investigator shall make all evidence subject to the
parties inspection and review available at any hearing to give each
party equal opportunity to refer to such evidence during the hearing, including
for purposes of cross-examination. (k) The investigator shall create an investigative report that
fairly summarizes relevant evidence and, at least ten calendar days prior to
any hearing, send to each party and the partys advisor, if any, the
investigative report in an electronic format or a hard copy, for their review
and written response. (10) Hearings.
(a) Formal complaints that are not resolved informally or
dismissed will result in a live hearing. If the respondent is a student, the
hearing will be convened by the office of student conduct in accordance with
that offices procedures. If the respondent is an employee, a hearing
will be convened by the vice president of human resources and conducted in
accordance with that offices procedures. Live hearings may be conducted
with all parties physically present in the same geographic location, or
participants may appear at the live hearing virtually, with technology enabling
participants simultaneously to see and hear each other. (b) At the live hearing, the decision-maker(s) shall permit each
partys advisor to ask the other party and any witnesses all relevant
questions and follow-up questions, including those challenging credibility.
Such cross-examination at the live hearing shall be conducted directly, orally,
and in real time by the partys advisor of choice and never by a party
personally. (c) At the request of either party, the hearing may occur with
the parties located in separate rooms with technology enabling the
decision-maker(s) and parties to simultaneously see and hear the party or the
witness answering questions. (d) Only relevant cross-examination and other questions may be
asked of a party or witness. Before a complainant, respondent, or witness
answers a cross-examination or other question, the decision-maker(s) shall
first determine whether the question is relevant and explain any decision to
exclude a question as not relevant. Questions and evidence about the
complainants sexual predisposition or prior sexual behavior are not
relevant, unless such questions and evidence are offered to prove that someone
other than the respondent committed the conduct alleged by the complainant, or
if the questions and evidence concern specific incidents of the
complainants prior sexual behavior with respect to the respondent and
are offered to prove consent. (e) If a party does not have an advisor present at the live
hearing, the university shall provide without fee or charge to that party, an
advisor of the universitys choice to conduct cross-examination on behalf
of that party. (f) A decision-maker shall consider all relevant evidence in
reaching a determination of responsibility including evidence obtained during
the investigation that was not subject to cross-examination at the live
hearing. This permits consideration of statements, emails, text echanges,
police reports, sexual assault nurse examiner documents, medical reports, and
other documents even if those documents contain statements by a party or
witness who is not cross-examined at the live hearing. (g) Credibility determinations shall not be based on a
persons status as a complainant, respondent, or witness. (h) The university shall create an audio or audiovisual recording
of any live hearing. Such recording will be available to the parties for
inspection and review upon written request to the office of student conduct.
(11) Findings and
sanctions. The hearing decision-maker(s) shall issue a written determination
regarding responsibility. To reach this determination, the preponderance of the
evidence standard (whether it is more likely than not that the alleged conduct
occurred) will be used. The written determination shall include: (a) Identification of the allegations potentially constituting
sexual harassment; (b) A description of the procedural steps taken from the receipt
of the formal complaint through the determination, including any notifications
to the parties, interviews with parties and witnesses, site visits, methods
used to gather other evidence, and hearings held; (c) Findings of fact supporting the determination; (d) Conclusions regarding the application of the
universitys policies to the facts; (e) A statement of, and rationale for, the result as to each
allegation, including a determination regarding responsibility; (f) For respondents who are students and unrepresented employees,
any disciplinary sanctions the university imposes on the respondent;
(g) Information regarding whether remedies designed to restore or
preserve equal access to the universitys education program or activity
will be provided to the complainant; and (h) The universitys procedures and permissible bases for
the complainant and respondent to appeal. (12) The written
determination will be provided to the parties simultaneously. The determination
regarding responsibility becomes final either on the date that the university
provides the parties with the written determination of the result of the
appeal, if an appeal is filed, or if an appeal is not filed, the date on which
an appeal would no longer be considered timely. The Title IX coordinator is
responsible for effective implementation of any remedies. (13) For respondent
employees in a recognized bargaining unit, the hearing process will determine
whether a policy violation occurred, and will determine sanctions with
consideration to any applicable terms of the collective bargaining agreement.
The determination of policy violation can be appealed following the process in
this policy. Appeals of any sanctions should follow the applicable process in
the collective bargaining agreement. Any determinations from those processes
will be communicated to the complainant and respondent simultaneously and in
writing. (14) Sanctions for
student respondents are detailed in the code of student conduct and range from
required educational courses to dismissal. Sanctions for employees range from
required educational courses to termination. (E) Appeal. An appeal from a
determination regarding responsibility, and from the universitys
dismissal of a formal complaint or any allegations therein, is available to
both parties under the same circumstances and procedures. (1) An appeal may only be
made on the following bases: (a) Procedural irregularity that affected the outcome of the
matter; (b) New evidence that was not reasonably available at the time
the determination regarding responsibility or dismissal was made, that could
affect the outcome of the matter; and (c) The Title IX coordinator, investigator(s), or
decision-maker(s) had a conflict of interest or bias for or against
complainants or respondents generally or the individual complainant or
respondent that affected the outcome of the matter. (2) Appeal procedure:
(a) Either party may appeal a hearing determination within seven
calendar days. (b) Determinations regarding student respondents shall follow the
appeal process in the code of student conduct. Determinations regarding
employee respondents shall appeal in writing to the vice president of human
resources and follow that offices procedure. (c) The other party(ies) will be notified in writing when an
appeal is filed. (d) The decision-maker(s) for the appeal shall not be the same
person as the decision-maker(s) that reached the determination regarding
responsibility or dismissal, the investigator(s), or the Title IX coordinator;
(e) Both parties will be given a reasonable, equal opportunity to
submit a written statement in support of, or challenging, the outcome.
(f) A written decision will be issued simultaneously to both
parties within thirty calendar days describing the result of the appeal and the
rationale for the result. (F) Conflict of interest. The Title IX
coordinator, any investigator, decision-maker, or any person facilitating a
process under this policy shall not have a conflict of interest or bias for or
against complainants or respondents generally or an individual complainant or
respondent specifically.
Last updated November 22, 2021 at 8:20 AM
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Rule 3342-5-17 | University policy regarding study abroad and other international travel.
Effective:
January 12, 2017
(A) Policy statement. In accordance with
the educational mission of Kent state university, students are encouraged to
enhance their academic pursuits through university-operated and/or
university-approved study abroad programs and opportunities. Study abroad
opportunities are coordinated through the office of global education and
administered according to this policy. (B) Eligibility. This policy applies to
all study abroad and international programs and opportunities operated by or
approved by the university in accordance with this policy. This policy does not
address study abroad programs offered by any third-party not engaged in a
formal agreement with the university, as such programs are not within the
purview of the universitys knowledge and/or control. (C) Definitions. (1) Study abroad program.
Any course or program enrolled in by a student in which the student travels to
an international location for educational purposes as part of the course or
program. (2) University-operated.
Any course or program, regardless of duration, established by a university
office, department or faculty member, in which international travel is a core
curriculum requirement. (3) University-approved.
Any course or program registered with, and officially approved and recognized
by the university through the office of global education. (4) Third-party program.
Any program administered by an entity, university or company not operated or
controlled by Kent state university. (D) Implementation. (1) The office of global
education is the coordinating office for all university-operated and
university-approved study abroad programs. (2) All programs operated
by faculty and/or staff must be approved by the university and registered with
the office of global education. (3) All
university-operated and university-approved study abroad programs must be
reviewed for compliance with accepted university/industry standards related to
health, safety, security, risk management, legal standards, ethical practices,
and responsibility to students. The office of global education in cooperation
with the organizing faculty and/or staff members will conduct these
reviews. (4) All programs must be
registered with the office of global education no less than one academic
semester before the program participants are scheduled to depart for the
international location. (5) The office of global
education will provide reasonable services to assist in study abroad
initiatives including, but not limited to, facilitating necessary insurance
coverage for student, staff and faculty participants; and monitoring of
government and international sources for the latest information affecting the
safety and security of regions where study abroad activities are conducted. The
office of global education will also facilitate all general communication and
liaison duties between Kent state university in the United States and all
foreign centers and affiliated foreign universities. (E) Procedures. (1) Program registration.
All university-operated and university-approved study abroad programs must
submit a formal registration packet as provided by the office of global
education. This registration ensures that the program meets the minimum
operation and administrative requirements for Kent state university study
abroad programs, while also ensuring that the proper security and health
considerations have taken place on behalf of the students, staff and faculty
members who may participate. There is no timeline for completing the
registration materials; however, such materials must be turned in no later than
one semester prior to the departing date for participants in the study abroad
program. (2) Program approval. The
department, school, or college initiating the study abroad course or program is
responsible for oversight of its academic content. Once the registration packet
is returned to the office of global education, the staff will review the
materials and, based upon the information provided, make a recommendation to
the associate provost for global education. The associate provost shall issue
one of the following decisions: (a) Program approved. The program is approved and ready for
implementation. (b) Program approval pending; further information
requested. The program meets several minimum requirements, but the office of
global education has requested further information necessary to determine
remaining compliance issues. This program is not ready for implementation at
this time. (c) Program denied; resubmission recommended. The program
substantially fails to meet the minimum requirements as established by the
university and must be resubmitted at a later time. This program is not ready
for implementation at this time. (3) Program safety and
security. The office of global education is responsible for monitoring local,
national, and international alerts and warnings regarding the regions in which
university-operated and/or university-approved study abroad programs are
operating. (a) Student, staff, and faculty participants will be
notified prior to departure of any issues, alerts, or warnings which may affect
their destination. If the program has already departed, the university will use
reasonable measures to communicate any necessary and relevant travel alerts or
warnings to program participants. (b) Severe security and safety concerns may result in the
suspension of the study abroad program and withdrawal of all participants from
the region or amendment of the program curriculum, with assistance provided by
the office of global education and other departments as necessary. (c) Students, staff, or faculty who express the intent to
remain in regions that the university has determined to be dangerous must sign
an additional security release form, recognizing such voluntary intent to
remain in the region against the universitys advice and releasing the
university from any additional liability or return arrangements. This release
will be kept on file in the office of global education. (d) Students must attend
a pre-departure orientation session offered by the office of global
education. (4) For faculty-led study abroad programs, final approval
of a program requires the faculty member's completion of the study abroad
course leadership training offered by the office of global
education. (5) Affiliated and exchange programs in
regions of social, political, or military unrest (also known as disputed
territories; dangerous or unstable conditions that pose imminent risks to
students, faculty and staff). From time to time, the university may engage in
approved affiliation and/or exchange relationships with foreign universities in
regions subject to travel warnings and alerts by the United States department
of state. Such programs are subject to a higher level of scrutiny during
registration and, upon approval, require further protections and notifications
prior to departure. (a) Additional notification. Each student who registers in
the program must receive, within a reasonable amount of time, a letter
notifying the student of any travel alerts or warnings on file with the United
States department of state at the time of registration. Such letter will also
provide the student with information regarding how to monitor the travel alerts
or warnings. (b) Additional release. Upon determination that the student
has registered for a program in a region subject to paragraph (E)(5) of this
rule, the student must also complete and submit an additional release form
attesting: (i) The student received
the additional notification; (ii) The student
understands the inherent and present dangers in the region where the study
abroad program will operate; (iii) The student is
aware of the opportunity available to de-register from the course according to
the regular university course deadlines; and (iv) The student
releases the university from any liabilities, injuries and damages not
associated with the programs academic responsibilities (i.e. actions
caused by a third party). (6) Emergency management, evacuation, and
other international crises. (a) The office of global education is responsible for
developing a general emergency management plan for university-operated and
university-approved study abroad programs, in coordination with the appropriate
university offices. (b) The office of global education is further responsible
for developing specific emergency management plans for Kent state university
centers abroad. These plans must be made and updated in accordance with rule
3342-5-14 of the Administrative Code. (c) The universitys emergency management actions,
evacuations, and reaction to other international crises will be coordinated by
the risk management office with collaboration of the office of global education
and other units as appropriate in accordance with rule 3342-5-14 of the
Administrative Code. The office will ensure that each program is provided with
a twenty-four-hour contact at the university who will be available in case of
an emergency. (d) Before a program
start day or while a program is underway, all decision for the program,
including cancellations and handling emergencies, should be coordinated with
the office of global education. (7) Unapproved programs. Students
participating in programs that are not operated and/or approved by the
university, or programs that do not have a formal relationship with the
university in accordance with this policy, participate in such programs without
the approval of the university. The office of global education does not provide
support services for or make any attestations as to the quality of unapproved
study abroad programs. (a) A students participation in an unauthorized
program may result in financial aid issues and/or difficulty with current
credit transfer policies. (b) A student interested in participating in an unapproved
study abroad program should contact his/her academic advisor, and consult with
the office of global education. (8) Faculty and staff traveling abroad on
university business. (a) A faculty or staff member who is scheduled to travel
outside of the United States on university business must receive prior approval
from his/her supervisor before committing to reservations for which the faculty
or staff member will later seek university reimbursement. (b) A faculty or staff member who is scheduled to travel
outside of the United States on university business must receive prior approval
from his/her supervisor if such travel is for the purpose of leading or
participating in a study abroad program involving students. (c) Prior to departure for international travel, all
faculty and staff must notify the enterprise risk management department to
obtain the universitys international insurance coverage. Failure to do
so may result in the faculty or staff member being ineligible for coverage
under the university insurance plan for the duration of international
travel.
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Rule 3342-5-18 | University policy regarding establishing relationships with universities and educational institutions abroad.
(A) Policy statement. As the university continues to expand its relationships with educational institutions both in the United States and abroad, it is important to formalize such agreements in order to ensure uniformity across multi-department endeavors. Therefore, it is required that all new or renewal agreements with universities outside of the United States and/or institutions of higher education in foreign countries are reviewed and approved according to the terms set forth in this policy. (B) Scope. This policy applies to all university personnel and to all agreements with universities abroad and/or institutions of higher education, whether existing at the time of enactment or in the future. (1) The activities covered under the scope of this policy include, but are not limited to: (a) The exchange of students from each institution for traditional student exchange programs; (b) The exchange of academic personnel for teaching, research, or both; (c) The hosting of visiting faculty from the other institution; (C) Definitions. (1) Memorandum of agreement. "Memorandum of Agreement" or "MOA" refers to the preferred contractual structure for all agreements between Kent state university and a foreign university or institution of higher education. (2) Contracting authority. Contracting authority refers to the university position delegated the authority to contract with a foreign university or institution of higher education. (D) Implementation. (1) No Kent state university faculty member or official of any division, department, or program may engage in an agreement with, or commit university resources to, a foreign university and/or institute of higher education except in accordance with this policy. (2) Contracting authority. Only the president and the provost of the university have the authority to engage in relationships with universities abroad and/or institutions of higher education on behalf of Kent state university. Faculty members may not engage in a formal relationship with a foreign entity unless in accordance with this agreement. (3) Noncompliance. Any agreement executed between a faculty member, official of any division, department, or program, and a foreign university and/or institution of higher education that is not in compliance with the terms and procedures required by this policy will be immediately rescinded. Such agreement may then be renegotiated, when possible, in accordance with this policy. (4) Supervision. The office of global education is responsible for the oversight of the administration of this policy and those agreements within its scope. (5) Sponsored programs exception. It is not the intent of this policy to interfere with any projects, programs, or grants administered by the sponsored programs office. Any conflict in the administration of this policy and operations of the sponsored programs office may be resolved internally, and the terms of this policy waived upon approval by the provost of the university. (6) Tuition benefits. No agreement or MOA engaged in under this policy may provide for in-state tuition benefits for students from foreign institutions unless the provisions of the Ohio Revised Code have been met. (7) Prohibitions. Kent state university will not engage in an agreement with a foreign university or institution of higher education in a country designated as a terrorist country by the U.S. department of state. (E) Procedures. (1) Initial notice. Once a faculty member or official identifies a need to engage in a formal agreement with a foreign university and/or institution of higher education, the faculty member or official must notify the office of global education. Upon notification, the office of global education will determine whether Kent state university already has a formal agreement in place with the foreign university. If a formal agreement already exists, the faculty member or official may amend the previous agreement, but such amendment must be in accordance with this policy. (2) Drafting. If no formal agreement exists, the faculty member or official may begin working with the office of global education to draft the MOA. Faculty members and/or officials must use the university-approved structure to draft all MOAs with universities abroad and/or institutions of higher education. An application form is available through the office of global education. If the formal agreement originates from a foreign university, the faculty member or official must contact the office of global education for assistance to ensure that all required terms and conditions are included in the agreement. (3) Required terms. The faculty member or official may negotiate the initial terms and conditions of the MOA and begin working with the office of global education to draft the MOA. The following required terms and conditions must be addressed in each MOA: (a) Each MOA shall include the full name and address of each institution; (b) Each MOA shall not include any specific names of individuals (except in the signature line). Responsibilities must be designated by institutional position; (c) Each MOA shall include a specific term with duration of not more than five years. Prior to the end of the term of the agreement, a faculty member or official may request permission to extend such agreement for an additional term. Such request will be considered and the agreement may only be extended upon specific written approval by the contracting authority; (d) In addition to the draft provided by the office of global education, and the language required by the office of general counsel, each MOA shall address the following specific terms as applicable: (i) The specific scope of the engagement (student exchange, faculty exchange, research, etc.); (ii) Any additional financial terms not provided in the draft agreement (additional initial program fees, scholarship support, etc.); (iii) Any additional academic requirements that supplement or revise current university standards (admission, TOEFL, etc.) for the purposes of the agreement; (e) Programmatic terms. The MOA is intended to provide an agreement between the parties defining the basic terms through which the programs under the agreement will operate. The specific terms of each program must be in writing and agreed to by both parties before the starting date of the program. These specific terms must be documented in an amendment to the MOA. The amendment is subject to the same review process as called for in this policy. (4) Review by the office of the general counsel. Once complete, the draft must be reviewed by the office of the general counsel for compliance and legal sufficiency. If the office suggests revisions to the agreement, such document will be returned to the originating faculty member or official for further amendment. After all amendments/revisions have been made, the document must be forwarded to the department chair or school director for approval. (5) Dean approval. If approved by the department chair or school director, the agreement must be submitted to the dean of the appropriate college for approval. (6) Office of global education approval. If approved by the dean, the document will then be forwarded to the office of global education for review, approval, and final submission to the provost. (7) Upon the approval of the provost and/or president, the agreement can be executed. (8) Upon execution, the originating department is responsible for the implementation and compliance responsibilities associated with the agreement.
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Rule 3342-5-19 | University policy regarding on-campus activities involving minors.
(A) Policy statement. It is the policy of Kent state university that these measures and procedures are implemented for the protection of minors participating in programs that occur on its campuses and programs under the control or direction of the university personnel. The purpose of this policy is to describe the requirements placed on university personnel and other authorized adults working with minors to ensure their protection and to fulfill the universitys obligations as mandated by law and to provide for the best possible experience for any minor visiting our campuses for a covered program. (B) Definitions. (1) Minors. For the purposes of this policy, a "minor" is a person under the age of eighteen who is participating in programs that occur on Kent state university campuses and programs under the control or direction of the university personnel but is not enrolled or accepted for enrollment in credit-bearing courses at the university. (2) Authorized adult. For the purposes of this policy, an "authorized adult" means any individual, paid or unpaid, who interacts with, supervises, chaperones, accompanies or otherwise oversees minors at Kent state university sponsored programs, affiliated activities, camps and/or residential facilities. This includes but is not limited to faculty, staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies and independent contractors and consultants. (3) Parent(s) and/or legal guardian(s). Although a parent and/or legal guardian may supervise their own minor children and their guest who are minors while visiting the campus or using campus facilities, a parent and/or legal guardian may not act as an authorized adult in a program (including one in which his or her minor participates) unless they are in compliance with the requirements outlined under this policy. (4) Program administrator. For the purposes of this policy, a "program administrator" is a university individual or contractor approved and designated by the appropriate authority designated to coordinate, plan, implement and or commit the use of university facilities for the program. (5) Covered program. For the purposes of this policy, a "covered program" is any university-sponsored day camp, overnight camp, university recruiting camp or any other university-sponsored program or activity that serves or includes minors taking place on campus or university sponsored activities taking place off campus. For the purposes of this policy, a covered program does not include a program where the university is acting as host to a third-party, herein referred to as a "university-hosted" program. Furthermore, a covered program does not include programs otherwise open or available to the public at large such as campus tours, athletic contests, community events, etc. (6) Endangerment. For the purposes of this policy, "endangerment" is the act of creating a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support. (7) Sexual conduct. For the purposes of this policy, "sexual conduct" will refer to any definition or term provided for in section 2907.01 of the Revised Code. (8) Sexual contact. For the purposes of this policy, "sexual contact" will refer to any definition or term provided for in section 2907.01 of the Revised Code. (9) Sexual activity. For the purposes of this policy, "sexual activity" will refer to any definition or term provided for in section 2907.01 of the Revised Code. (10) One on one. For the purposes of this policy, "one on one" shall mean the personal, unsupervised interaction between any authorized adult who is not a licensed medical practitioner providing professional services with a participant without at least one other authorized adult, parent and/or legal guardian being present. (C) Scope. (1) This policy applies to members of Kent state university faculty, staff, student employees, volunteers, and others engaged in a covered program. (2) This policy does not apply to the child development center, which is a program independently operated by the university and whose continuous operation is subject to federal and state compliance and accreditation standards. (D) Prohibited activity. Authorized adults shall not: (1) Have one on one contact with minors, where possible. If one on one contact is needed, there must be one other authorized adult within view of the authorized adult and minor, unless an exception is approved by the program administrator with such exception documented in writing; (2) Engage in one on one communication with minors including but not limited to email, text messages, social networking, websites, internet chat rooms, or other forms of social media at any time except and unless there is a clear educational or university-related purpose; (3) Engage in abusive conduct of any kind toward, or in the presence of a minor; (4) Strike, hit, administer corporal punishment to, or touch in an inappropriate or illegal manner any minor; (5) Pick up minors or drop off minors from their homes, other than the drivers child or children, or in instances when the driver has direct parental consent to transport the child of a neighbor or friend; (6) Engage in the use of alcohol or illegal drugs or be under the influence of alcohol or illegal drugs during such programs or activities; (7) Make pornography in any form available to minors or assist minors in any way to gaining access to pornography; or (8) Engage in any other action or activity deemed by the university through other rules, regulations, or guidance to be prohibited. (E) Implementation. (1) All programs for minors or with minors in attendance must, at a minimum, have the following procedures in place or be in compliance with the standards set forth prior to the commencement of the covered program: (a) Staffing. The program administrator shall be responsible for overseeing the selection of staffing for all covered programs. The program administrator shall assign a university employee who is at least twenty-one years of age to be accessible to participants at all times. Other staffing assignments for the covered program should be made to ensure one-on-one contact between authorized adults and minors does not occur and that appropriate levels of supervision are implemented at all times. (b) Background check. (i) Each authorized adult who is a university faculty, staff or student employee must complete a BCI (bureau of criminal investigation) background check or otherwise have a background check on file completed within four years preceding the commencement of the program. Out of state employees must complete a FBI background check within the last two years preceding the commencement of the program. All university faculty, staff or student employees who have a break in service with the university for any period of time must have a new BCI background check upon rehire. An FBI check must be completed if the person lived out of state during the break in service. (ii) Each authorized adult who is a volunteer or non-university participant must complete a BCI (bureau of criminal investigation) background check or otherwise have a background check on file completed within two years preceding the commencement of the program. Out of state employees must have a completed FBI background check within the last two years preceding the commencement of the program. (iii) All persons working with minors must be checked against the national sex offender registry. (iv) All persons must self-disclose felony or misdemeanor convictions that occur after hire within three days of pleading guilty or being convicted. (v) All persons who have failed a BCI background check or have pending charges for a sex-related offense or crime against a minor, or who appear on the national sex offender registry shall not be permitted to take part in any Kent state university program pertaining to minors or involving minors in any capacity. (c) Training. All authorized adults who will be working with minors shall complete annual mandatory training prior to the commencement of the program. Such training shall include, but is not limited to, the following topics: (i) The requirements of this policy; (ii) Basic warning signs of abuse or neglect or minors; (iii) Guidelines for protecting minors from emotional and physical abuse and neglect; (iv) Inappropriate behavior with minors; (v) Ohio reporting requirements and procedures; and (vi) Other appropriate topics as determined by the program administrator. (d) Ratio. At all times, each program eligible under this policy shall meet or exceed the following ratios for authorized adults to participating minors: (i) For overnight covered programs: (a) One staff member for every five campers ages four and five; (b) One staff member for every six campers ages six to eight; (c) One staff member for every eight campers ages nine to fourteen; (d) One staff member for every ten campers ages fifteen to seventeen. (ii) For day covered programs: (a) One staff member for every six campers ages four and five; (b) One staff member for every eight campers ages six to eight; (c) One staff member for every ten campers ages nine to fourteen; (d) One staff member for every tweleve campers ages fifteen to seventeen. (e) Required documentation. (i) In all covered programs, the parent and/or guardian of the minor shall execute all relevant forms and releases as may be required by the particular program prior to eligibility for participation. Failure by the parent and/or guardian or participating minor to execute all required forms shall immediately render the minor ineligible for participation. (ii) All authorized adults participating in the covered program must complete all requirement materials and agreements prior to commencement of the program. Failure to complete all forms shall immediately render the authorized adult ineligible for participation. (f) Communication and notification procedures. The program administrator shall establish appropriate procedures for the notification of the minors parent or legal guardian in case of an emergency, including medical or behavioral problem, natural disaster, or other significant programmatic disruption. Authorized adults with the program, as well as participants and their parents and legal guardians must be advised of this procedure in writing prior to the participation of the minors in the program. (2) Unsupervised minors prohibited. Minors participating in a covered program or university-hosted programs are not permitted to be unescorted or unsupervised while on university property, and must be supervised at all times by a responsible adult directly involved with such program. (3) Program registration. The program administrator must: (a) Register the covered program with the office of risk management and compliance no later than sixty days prior to the first scheduled date of the participation of minors in any activity, program or classes or as soon as the program leader or sponsoring unit is aware that minors may be in attendance. Failure to properly register a covered program may result in the delay or cancellation of the program by the university. (b) Register the name of all authorized adults working directly with minors and review and verify all background checks provided for under this policy. (c) Organize training opportunities for each authorized adults to familiarize the adults with the provision of this policy. No person shall be approved without signature stating agreement and understanding of the measures and procedures of this policy and all other Kent state university policies that might apply. (4) Final authority. At all times, the program administrator or other authorized university authority may bar any authorized adult, participant, or other attendee from its premises for reasons including but not limited to misconduct or endangerment. (5) Retention of records. All records collected during the administration of each program (including, but not limited to, application forms, background checks, releases, medical forms) shall be kept in accordance with established university record retention schedules. The department or office under which the program administrator serves shares equal responsibility with the program administrator for the retention of records. (6) Reporting. (a) If the program administrator or any other authorized adult or participants knows or has reasonable cause to know that a minor has suffered or faces the threat of sexual contact, sexual conduct or sexual activity or endangerment, the individual must immediately report such knowledge to: (i) The Kent state university police department (ii) The city of Kent police department; (iii) The Portage county sheriffs department; or (iv) Any other local or state public services agency. (b) Reports can be made anonymously. (c) Any individual who is suspected or alleged to have engaged in abuse under this policy shall be immediately suspended from participation with the covered program without exception. (F) Violations. (1) All persons who violate this policy will be held accountable for their actions as follows: (a) Students will be subject to the code of student conduct as found in rules 3342-4-02, 3342-4-02.1, and 3342-4-02.101 of this Administrative Code. (b) Faculty, staff and student employees are subject to disciplinary action up to and including termination, and in accordance with applicable disciplinary processes. (c) Volunteers are subject to loss of volunteer status. (2) Any individual found in violation of this policy may also be subject to inquiry or investigation by local, state or federal authorities.
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Rule 3342-5-20 | University policy regarding privacy for protected health information.
(A) Purpose. This policy address the general requirements of the university under the Health Insurance Portability and Accountability Act, as amended, for the confidentiality, integrity, and accountability of all protected health information created, received, maintained, or transmitted by the institution and associated operations. (B) Definitions. (1) "HIPAA." "HIPAA" is the "Health Insurance Portability and Accountability Act of 1996" and the "Administrative Simplification" regulations found in title 45 of the Code of Federal Regulations. Where appropriate and applicable, the term also encompasses requirements under the "Privacy Rule" and under the "Security Rule" and all amendments thereto. (2) Protected health information. Protected health information is individually identifiable health information as defined and protected under "HIPAA." (C) Hybrid entity. The university has determined that it is a "hybrid entity" as defined in 45 C.F.R. 164.504(a) because its business activities involve both covered and non-covered functions under "HIPAA." (D) Implementation. (1) Designation of privacy officer. (a) The president shall designate a privacy officer who shall coordinate the universitys compliance with "HIPAA," including, but not limited to, gathering information sought by a requestor, providing for the inspection of such information by the requestor, furnishing copies to the requestor and receiving complaints. (i) In order for the university to comply fully with "HIPAA," the university privacy officer shall have full authority to gather such information as is necessary to comply with the request. (ii) The university privacy officer shall have the authority to appoint an individual or individuals to assist with "HIPAA" compliance obligations. (b) All university employees shall cooperate fully with the university privacy officer in "HIPAA" compliance efforts, including but not limited to, providing the records requested, allowing for proper inspection and copying of the records, and conducting inspections and audits as necessary to conform with the requirements of the law. (c) The university privacy officer shall designate those academic and administrative health care units covered by "HIPAA" as part of the covered health care component of the university. The university privacy officer shall maintain a list of all units covered by "HIPAA" and of all other units included within the covered health care component of the university, which serve as business associates within the university covered health care component for "HIPAA" purposes. (d) The university privacy officer shall have the authority to review all privacy, confidentiality and security standards and procedures created by academic and administrative departments that are part of the covered health care component of the university and to direct changes to such standards and procedures as necessary. (2) Designation of security officer. The university shall designate a security officer with overall responsibility for the development and implementation of security policies that conform to the HIPAA security rule. (3) Unit requirements. Academic and administrative departments determined by the university privacy officer to be part of the covered health care component of the university shall: (a) Develop "HIPAA Policies and Procedures" that are unit specific standards and procedures to protect the privacy, confidentiality, and security of protected health information that comply with "HIPAA" and with this policy, which may be amended from time to time. (b) Train all unit employees who have access to records protected by "HIPAA" on the "HIPAA" requirements, the university policies and procedures for release, privacy and security of selected health information, and the unit standard and procedures for privacy, confidentiality, and security of records protected by HIPAA. Such training must be conducted as the university privacy officer deems necessary, within a reasonable period of time after a new individual joins one of the covered health care components, and annually for all affected employees. (c) Distribute a notice of privacy practices as necessary under "HIPAA." The notice of privacy practices must contain all "HIPAA" required elements and be approved by the university privacy official prior to being distributed. (d) Document compliance efforts as required by "HIPAA." (e) Comply with all federal, state, and local laws and regulations related to the privacy, confidentiality, and security of protected health information. (4) Business associates. Units within the covered health care component of the university may share protected health information with third parties, referred to as business associates, who provide the units within the covered component with services that use or involve health information. These units shall only share such information with business associates pursuant to a business associate agreement approved by the office of general counsel. University employees should use care when asked to enter into business associate agreements with third parties involving the receipt or disclosure of health information from an outside party. The university may only execute a business associate agreement for the receipt of heath information pursuant to an approved business associated agreement. (5) University employees. University employees in "HIPAA" covered components shall: (a) Limit uses and disclosures of all health information to the minimum necessary to complete the assigned task. (b) Upon discovery, report all incidents of misuse of improper disclosure of protected health information to the university privacy officer. (E) Retaliation. The university shall not tolerate nor engage in retaliation against any employee who reports an incident of misuse or improper disclosure of protected health information to the university privacy officialer or to the secretary of the department of health and human services. (F) Discipline. (1) Any employees who uses or discloses protected health information contrary to this policy shall be subject to discipline under the applicable disciplinary policies or collective bargaining agreement. (2) Covered components shall document any sanctions imposed for violations of this rule of the Administrative Code, or unit standards and procedures, as required by "HIPAA."
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Rule 3342-5-21 | University policy regarding smoking and tobacco use at Kent state university.
(A) Kent state university is dedicated to providing a
healthy, comfortable and productive work and living environment for its
employees and students. To this effect, smoking and tobacco use is prohibited
on all Kent state university campuses and university property. This policy is
not meant to replace or prevent adherence by the university community to the
smoking prohibition requirements in Chapter 3794. of the Revised
Code. (B) Definition. (1) "Smoking" for the purposes of this policy
means inhaling, exhaling, burning, or carrying any lighted or heated product
intended for inhalation in any manner or in any form. "Smoking"
also includes the use of an apparatus including but not limited to an
electronic smoking device, mod box, or electronic nicotine delivery system
(ENDS) that creates an aerosol or vapor, in any manner or in any form, or the
use of any other smoking device for the purpose of circumventing the
prohibition of smoking in this rule. (2) "Tobacco use" for the purposes of this
policy means the use of nicotine, tobacco-derived or containing products, and
plant based products including products intended to mimic tobacco products,
oral tobacco or other similar products. (C) Scope. All members of the university community are
subject to this policy including employees, students, visitors, volunteers,
patients, and customers. This policy applies to all university owned, operated,
or leased property (collectively "university property"). Smoking or
tobacco use in personal vehicles on university property will not be
allowed. (D) Implementation. (1) The success of creating and maintaining a smoke-free
and tobacco-free environment will depend upon the thoughtfulness, consideration
and cooperation of the entire university community. All employees and students
share in the responsibility for adhering to and enforcing this policy. Problems
should be brought to the attention of the appropriate administrator, or in
accordance with reporting guidelines provided by the Ohio department of
health. (2) The university will not advertise smoking or tobacco
products on university property or at any university-sponsored event or
university owned or sponsored media. (E) Exceptions. (1) FDA approved nicotine replacement therapy will be
allowed (e.g., patches, gum, inhalers, and lozenges). (2) Smoking or tobacco use may be permitted for controlled
research, educational, clinical, or religious ceremonial purposes with prior
approval of the appropriate administrator. (F) Signage. Signage shall be placed appropriately on
entrances and exits from buildings and structures on university property,
including parking areas, and on university owned or leased
vehicles. (G) Enforcement. (1) The success of this rule relies on the thoughtfulness,
consideration, and cooperation of smokers and nonsmokers alike. Any student who
repeatedly refuses to abide by this rule may be referred to student conduct.
Repeat violations by any faculty or staff member shall be handled through
normal employment procedures for violation of university rules and
procedures. (2) Visitors, contractors, and other individuals on campus
who are in violation of this rule should be immediately reminded of and
directed to comply with this rule. Continued violation of this rule may result
in further action as deemed necessary by the appropriate administrator.
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Rule 3342-5-22 | University policy regarding deadly weapons.
Effective:
November 1, 2016
(A) Policy statement.
Pursuant to the statutory authority of the board of trustees to regulate the
use of university property and the conduct of the students, staff, faculty, and
visitors to the campus so that law and order are maintained, it is the policy
of the university to prohibit the possession, storage, or use of a deadly
weapon in certain circumstances on university property, unless otherwise
permitted by state law. (B) Definitions. (1) "Deadly weapon" means any instrument, device, or
thing as defined in section 2923.11 of the Revised Code including but not
limited to a firearm, explosive device, or other dangerous
ordinance. (2) "University property" means all university owned,
operated, or leased property including but not limited to grounds, buildings,
facilities, and vehicles. (C) Prohibition. (1) The
possession, storage, or use of a deadly weapon by students, staff, faculty,
third parties doing business with the university, and visitors is prohibited
inside any university building, facility, or vehicle, that is owned, operated
or leased by the university. (2) Students,
staff, faculty, and third parties doing business with the university are
further prohibited from possessing, storing, or using a deadly weapon while
outside on university grounds, that is owned, operated or leased by the
university. (D) Enforcement. (1) The Kent
state university department of public safety is solely responsible for the
oversight and implementation of this policy on university property. All
requests for deviation or exceptions of this policy must be approved by the
director of public safety or designee. (2) Violations of this policy are subject to immediate corrective
action in accordance with university policies and other applicable state
law.
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Rule 3342-5-23 | University policy regarding campus free speech.
Effective:
January 1, 2023
(A) Purpose. In affirmation of the principles of free
speech stated in Ohio law, including but not limited to section 3345.0215 of
the Revised Code, the university affirms that: (1) Students have a fundamental constitutional right to
free speech. (2) The university is committed to giving students broad
latitude to speak, write, listen, challenge, learn, and discuss any issue, to
the extent provided by law. (3) The university is committed to maintaining a
marketplace of ideas for all students and all faculty in which the free
exchange of ideas is not to be suppressed because the ideas put forth are
thought by some or even by most members of the universitys community to
be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal,
traditional, radical, or wrong-headed. (4) It is for students and faculty to make judgments about
ideas for themselves, and to act on those judgments not by seeking to suppress
free speech, but by openly and vigorously contesting the ideas that they
oppose. (5) It is not the proper role of the university to attempt
to shield individuals from free speech, including ideas and opinions they find
offensive, unwise, immoral, indecent, disagreeable, conservative, liberal,
traditional, radical, or wrong-headed. (6) Although the university greatly values civility and
mutual respect, concerns about civility and mutual respect shall never be used
by the university as a justification for closing off the discussion of ideas,
however offensive, unwise, immoral, indecent, disagreeable, conservative,
liberal, traditional, radical, or wrong-headed those ideas may be to some
students or faculty. (7) Although all students and all faculty are free to state
their own views about and contest the views expressed on campus, and to state
their own views about and contest speakers who are invited to express their
views on campus, they may not substantially obstruct or otherwise substantially
interfere with the freedom of others to express views they reject or even
loathe. To this end, the university has a responsibility to promote a lively
and fearless freedom of debate and deliberation and protect that freedom.
(8) The university is committed to providing an atmosphere
that is most conducive to speculation, experimentation, and creation by all
students and all faculty, who shall always remain free to inquire, to study and
to evaluate, and to gain new understanding. (9) The primary responsibility of faculty is to engage an
honest, courageous, and persistent effort to search out and communicate the
truth that lies in the areas of their competence. (B) Eligibility. Any student, student group, or faculty
member may submit a complaint about an alleged violation by an employee of the
university established under this section, including any penalty imposed on a
students grade for an assignment or coursework that is unrelated to
ordinary academic standards of substance and relevance, including any
legitimate pedagogical concerns, and is instead based on the contents of
students free speech. (C) Violations. The division of student affairs, the
division of human resources, and the office of the provost, as applicable,
shall be responsible for administering this policy, including determining
policy violations and issuing resolutions designed to address violations and
aid in preventing further violations.
Last updated January 3, 2023 at 9:56 AM
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