Chapter 3342-5 Administrative Policies In General

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.

Replaces: 3342-5-01

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 6/1/2007

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.

Replaces: 3342-5-02

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 6/7/1982, 5/26/1997, 3/7/2000, 6/1/2007

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.

Effective: 5/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 9/20/2005, 6/1/2007, 3/1/2015

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 individual's 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.

Effective: 5/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

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.

Replaces: 3342-5-04

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 6/1/2007

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 Revised Code of the Chapters 3341 and 3345 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.

(i) "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 individual's 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 university's record retention schedule, whichever is longer. The record retention schedule can be found on the general counsel's 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.

Replaces: 3342-5-04.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 07/01/2014

3342-5-04.2 Administrative policy regarding electronic signatures.

(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 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 university's 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.

Effective: 10/15/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

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, or where time is of the essence.

Replaces: 3342-5-05

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/30/2005, 6/1/2007

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.

Replaces: 3342-5-06

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/30/2005, 6/1/2007

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.

Replaces: 3342-5-07

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/20/2005, 6/1/2007

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.

Replaces: 3342-5-08

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/30/2005, 6/1/2007

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.

Replaces: 3342-5- 08.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 2/8/1984, 11/28/2002, 9/30/2005, 6/1/2007

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 student's 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 3342 of 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 officiars 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 official's 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.

Replaces: 3342-5-08.101

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 6/7/1982, 5/18/1984, 1/25/1991, 5/5/1995, 3/7/2000, 11/28/2002, 9/30/2005, 6/1/2007

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.

Replaces: 3342-5- 08.102

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 10/26/1979, 4/5/1982, 5/7/1982, 6/5/1995, 3/7/2000, 6/1/2007

3342-5-09 [Rescinded] University policy regarding patents.

Effective: 10/15/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 2/8/1980, 4/5/1991, 5/29/1991, 9/2/1992, 6/1/2007, 3/1/2015

3342-5-09.1 Administrative policy regarding patents.

(A) Definitions. As used in this statement of policy, the following terms have the meaning indicated:

(1) Inventions. All discoveries, methods, uses, products or combinations whether or not patented or patentable at any time under the Federal Patent Act as now existing or hereafter amended or supplemented.

(2) University personnel. Part-time and full-time (paid or unpaid) faculty, staff, and student appointees of Kent state university.

(3) Inventor(s). University personnel who have developed inventions.

(4) Disclosure. A reporting of an invention or creation.

(5) University funds and facilities. Funds and facilities provided by governments, commercial, industrial or other public or private organizations which are administered and controlled by the university shall be considered to be funds and facilities provided by the university.

(B) Rights to inventions.

(1) Domestic and foreign rights to inventions developed by university personnel through their use of facilities or funds provided by the university shall vest in the university and be subject to the distribution of license and royalty income policy. Rights of university personnel in invention(s) are provided in subsequent sections of this statement of policy.

(2) The university may elect to waive ownership under this policy. If the university asserts ownership, but elects not to seek a patent or otherwise pursue commercial development for an invention to which it has vested rights, it will release its rights to such invention to the inventor subject to third party rights to such invention. These actions shall apply only where the inventor(s) has disclosed fully said invention under this policy.

(3) The rights of the university and its personnel to ownership and disposition of inventions are defined in terms of the following summarized categories:

(a) Sponsored work. Rights to inventions which are subject to the terms of a sponsored research agreement between the university and a third party are subject to the terms of the applicable agreement, or. in the absence of such terms, the rights to the inventions shall be vested in the university and be subject to the distribution of license and royalty income policy.

(b) Unsponsored work. Rights to inventions developed by university personnel in university research facilities, through research support provided by the university or with the use of research support facilities or services also shall be vested in the university and subject to the distribution of license and royalty income policy.

(C) Disclosure and disposition of inventions.

(1) Any invention shall be disclosed in confidence by the originator(s) by completing and filing an "Invention Disclosure Form" with the vice provost and dean of research and graduate studies, or designee. Such forms are available from the office of technology transfer.

(2) The originator(s) shall work closely with the division of research and graduate studies and/or any organization to whom the university assigns rights to such inventions and creations in pursuing applications for patents as well as in the pursuit of licensing.

(3) The university has the sole right to license, sell, or otherwise dispose of the rights to inventions which are owned by or have been assigned to the university.

(4) The president, provost, or their designee, may request an audit and report on any university-sponsored or supported research program where patent or copyright issues are involved.

(D) Administration. Administration of this policy regarding patents is the duty of the president and the provost and their designees, who are charged with the execution of the policy and administrative procedures, as well as recommended changes for policy revisions.

(1) University patent and copyright board.

(a) Membership. To assist in the administration of the policy there shall be a university patent and copyright board consisting of ex officio members including the vice provost and dean of research and graduate studies; the director of technology transfer; and the university counsel; four faculty members appointed by the provost; and such outside members with expertise in patent and licensing matters as deemed appropriate by the president or provost. The term of faculty members shall be four years. All members shall be voting members.

(b) Chairperson. The university patent and copyright board shall be chaired by the provost or designee.

(c) Duties. The duties of the university patent and copyright board are to advise on the application of this policy to the specific facts surrounding the development or discoveries and inventions, to recommend appropriate action to the provost, and to study and recommend suitable changes in the patent policy, as the need arises.

(2) Procedures.

(a) The vice provost and dean of research and graduate studies shall establish appropriate procedures for the disclosure of possible discoveries and inventions and shall inform university personnel of such procedures through suitable means.

(b) Employees shall promptly notify the vice provost and dean of research and graduate studies, or designee, of possible discoveries and inventions by filing an invention disclosure form.

(c) Upon the recommendation of the vice provost and dean of research and graduate studies, the provost or designee shall convene the university patent and copyright board for consideration of invention disclosures and any other matters requiring consideration by the university patent and copyright board.

(d) The university patent and copyright board shall promptly consider all disclosures of inventions and creations and requests for a determination of rights and shall make the determinations required within a reasonable time.

(e) The university personnel involved shall be entitled to appear before the university patent and copyright board and present evidence with respect to the disclosure. The university patent and copyright board's determination shall be made in writing and shall contain a statement of its findings and grounds for decision.

(f) The university patent and copyright board may obtain legal and other advice necessary to perform its function.

(g) Actions of the patent and copyright board may be appealed in writing to the provost.

(E) Publication and publicity.

(1) To fulfill the university's obligation as a publicly assisted educational institution, university research should serve a public rather than a private purpose and the results should be broadly disseminated, where the same does not breach any confidentiality agreement to which the university is a party or violate any government law or rule requiring secrecy. The university encourages studies whose results can be freely published.

(2) The university recognizes that in some cases of industry sponsored applied research the legitimate proprietary concerns of private research sponsors and the effective commercialization of research outcomes may require limited delays in publication. Where appropriate, publications can be deferred for a negotiated period of time in order to protect patent rights. Similarly, on those occasions in which the university has accepted a sponsor's proprietary information as necessary background data for a research project, the sponsor may review proposed publications in order to identify any inadvertent disclosure of those specific data.

(3) Because of the potential for delay in publication, the involvement of graduate students in industry sponsored applied research will be governed by the appropriate policies of the graduate schools.

(4) The name of or reference to Kent state university shall not be used in any form of publicity by a sponsor without prior written approval from the university.

Replaces: 3342-5-09.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 8/31/1979, 4/5/1991, 4/28/1992, 9/2/1992, 5/5/1995, 10/6/2000, 6/1/2007

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.

Replaces: 3342-5-10

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 4/4/1986, 4/25/1986, 9/30/2005, 6/1/2007

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.

Replaces: 3342-5-10.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/6/1987, 10/10/1997, 9/30/2005, 6/1/2007

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.

Replaces: 3342-5- 10.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 2/8/1980, 4/5/1982, 6/1/2007

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.

Replaces: 3342-5-10.3

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 4/5/1982, 8/14/1985, 7/25/1991, 10/25/1991, 8/12/1994, 7/19/1995, 6/1/2007

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 relations is responsible for promulgating the rules, procedures and guidelines for regulating the university's use of social media, including but not limited to the "guide to social media" as amended. University relations shall monitor industry trends to support ongoing development of these 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) University relations 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) University relations 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 employee's administrative rights to their respective institutional or departmental social media accounts.

Replaces: 3342-5-10.4

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 01/06/2014

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.

Replaces: 3342-5- 10.301

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 8/18/1989, 6/25/1991, 11/13/1992, 8/1/1995, 10/3/2005, 6/1/2007

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.

Replaces: 3342-5-11

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 3/11/1982, 5/26/1997, 2/27/1998, 9/30/2005, 6/1/2007

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.

Replaces: 3342-5-11.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 4/28/1990, 11/13/1992, 6/1/2007

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."

Replaces: 3342-5-11.101

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 4/28/1990, 11/13/1992, 6/1/2007

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.

Replaces: 3342-5-12

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 4/20/1979, 10/3/2005, 6/1/2007

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.

Replaces: 3342-5-12.1

Effective: 4/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 10/4/1979, 11/5/1990, 2/8/1993, 6/6/2000, 10/20/2002, 10/3/2005, 6/1/2007, 5/27/2008, 3/1/2015

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.

Replaces: 3342-5-12.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.04, 3341.04
Prior Effective Dates: 11/4/1977, 10/26/1979, 10/3/2005, 6/1/2007

3342-5-12.3 Administrative policy regarding acquisition, inventory control, and sales or other disposal of capital assets.

(A) Policy purpose. The purpose of this policy is to document the responsibilities and requirements related to capital asset handling and recordkeeping including acquisition, physical inventory, and sales or other disposal of these assets.

(B) Definitions. Capital asset. For the purposes of this policy, "capital asset" shall mean 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.

(C) Scope and eligibility. This policy applies to any capital asset purchased or leased with Kent state university funds or funds within the control of Kent state university.

(D) Procedure and implementation.

(1) Acquisition. Upon delivery and/or installation and prior to being placed in service, each capital asset must be tagged and assigned an inventory control number by the controller's office. The department acquiring the asset is responsible for affixing the tag to the asset and completing the related documentation to provide to the controller's office.

(2) Inventory control. The components of inventory control include recordkeeping and maintenance of assets. Recordkeeping for capital assets shall be administered through the controller's office. The acquiring department is responsible for maintaining the asset in a location and manner to avoid damage, theft, or other loss of the asset. The acquiring department is also responsible for performing a physical inventory of all tagged 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 controller's office and the acquiring department is responsible for verifying that every asset listed on the report is still present in the department and in good working order. The department shall notify the controller's office of any changes in the asset status or location.

(3) Sale or other disposal. The department is responsible for notifying the controller's office of the sale or disposal of any asset, but the department is not permitted to transact an asset sale or other disposal without the involvement of the procurement department. Asset(s) acquired with funds from sponsored programs shall be disposed of in accordance with paragraph (D)(4) of this rule. The procurement department is responsible for the sale or other disposal of capital assets by one of the following methods:

(a) Redistribute to another department of Kent state university through listings on the procurement department website;

(b) Pursuant to competitive bidding procedures with the asset being sold to the highest bidder;

(c) In an advertised public sale with each asset having a price assigned and sold to the public at a stipulated time and place; or

(d) Surplus asset(s) with minimal remaining value may be disposed of in the way most economical for the university.

(e) Ineligible bidders or purchasers. No employee of the university meeting one or more of the following conditions may bid on or purchase the asset offered for auction or sale by the university without the express written permission of the vice president of the applicable division and the director of procurement:

(i) Participated in the decision to dispose of the capital asset;

(ii) Participated in the preparation of the asset for sale;

(iii) Participated in determining a method of sale or other disposal; or

(iv) Acquired information not otherwise available to the general public regarding usage, condition, quality, or value of the asset.

To qualify as a purchaser of such asset, an employee of the university must pay a price higher than any other viable offer including any value received from scrapping or recycling the asset.

(4) 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 university's policy, those terms shall govern. In cases where the requirements imposed are less restrictive, the university's 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 controller's 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 PI's 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 PI's responsibility to work with the university controller's 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.

(E) 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.

Replaces: 3342-5-12.3

Effective: 3/1/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 8/31/1979, 3/11/1982, 4/14/1989, 7/27/1990, 8/16/1991, 3/4/1994, 3/7/2000, 6/4/2003, 6/1/2007, 8/22/2008, 3/1/2015

3342-5-12.4 Administrative policy regarding use of university facilities.

(A) Policy statement.

(1) Utilization of university facilities for authorized instructional purposes takes precedence over all other uses. The registrar of the university is responsible for scheduling university facilities for such instructional purposes.

(2) University facilities may be used for activities other than authorized instruction only when these activities relate to the university's missions of teaching, research and service. Furthermore, the university reserves the right to permit utilization of its facilities only when it determines the proposed activity is in full compliance with all university policies, rules, regulations and procedures, and is in the best interest of the university.

(B) Definitions.

(1) "Facility" is defined as any area or building under the jurisdiction of the board except the regional campuses.

(2) "Facility curator" is defined as a member of the faculty or staff appointed by the vice president for administration upon the recommendation of the appropriate vice president.

(C) Eligibility.

(1) University groups or individuals eligible to request use of university facilities.

(a) Officially recognized units of the university, those being the colleges, schools, departments, offices, committees, and faculty-staff members, may request space in connection with their official university duties or responsibilities.

(b) Registered student organizations may request space for activities in consonance with their organization's stated purposes.

(2) Nonuniversity groups or individuals eligible to request use of university facilities. The use of university facilities by nonuniversity groups, organizations or individuals must be requested and sponsored by an academic or administrative department or a registered student organization. Any party making such a request shall be responsible for all expenses and damages incurred. The sponsor of such party may lose the privilege of sponsorship in the event such party fails to adhere to all university policies, rules and regulations, as well as local, state and federal legal requirements.

(D) Procedures.

(1) The conference bureau and university scheduling office is the official university agency responsible for coordinating the use of university facilities for other than authorized instruction. All requests for such use of facilities shall be submitted to the conference bureau and university scheduling office. Advertising for an event prior to approval is expressly prohibited and may result in revocation of the privilege of use any facilities. A facility curator shall coordinate and monitor the usage of each facility.

(2) Facilities available for scheduling. Due to a wide variety of university facilities, specific priorities and conditions will be developed for each individual facility by the conference bureau and university scheduling office in concert with the facility curator and/or other appropriate university officials. The facilities are as follows:

(a) Auxiliary service

(i) Ice arena:

(ii) Golf course:

(iii) University airport:

(iv) Residence services:

(a) Residence halls and related facilities: and

(b) Eastway recreation area.

(v) Kent student center including plaza: and

(vi) All parking and traffic lots.

(b) All others.

(i) Classroom facilities:

(a) Seminar rooms:

(b) Classrooms accommodating up to one hundred twenty-five, persons:

(c) Lecture halls accommodating one hundred twenty-six up to three hundred fifty persons.

(ii) Large assembly facilities accommodating three hundred fifty persons,

(iii) Collegial and departmental conference rooms.

(iv) Outdoor facilities:

(a) Athletic facilities: and

(b) All others.

(3) Facilities not available for use or available only under highly restricted conditions.

(a) Office facilities, either academic or nonacademic.

(b) Laboratory areas including computer laboratories, for one or more of the following reasons:

(i) The specialized nature and arrangement of furniture and equipment may make these areas suitable for a single or narrow range of strictly academic activity.

(ii) These areas usually must be available on an open basis for academic study and practices outside scheduled hours of use.

(iii) These areas usually contain valuable and/or sensitive equipment which must be protected from theft or careless or inexperienced use. The possible use of laboratory areas may not be entirely precluded for special demonstrations or participatory activities, provided specific consent and close supervision can be given by the department which controls the areas.

(c) Designated areas within residence halls.

(d) University libraries.

(e) University health services.

Replaces: 3342-5-12.4

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 4/25/1980, 9/6/1991, 3/7/2000, 6/4/2003, 10/3/2005, 6/1/2007

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 employee's 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.

Replaces: 3342-5- 12.5

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/30/1992, 3/7/2000, 6/4/2003, 6/1/2007

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.

Replaces: 3342-5-12.6

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/26/1979, 8/18/1995, 3/7/2000, 6/1/2007, 9/2/2013

3342-5-12.7 Administrative policy regarding persona non grata status for nonstudent visitors.

(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 university 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.

Effective: 1/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 9/7/1983, 5/3/1991, 9/12/1997, 10/3/2005, 6/1/2007, 9/10/2012, 3/1/2015

3342-5-12.8 Administrative policy regarding smoking at Kent state university.

(A) Purpose. Kent state university is dedicated to providing a healthy, comfortable and productive work and living environment for its employees and students and adhering to the smoking prohibition requirements in Chapter 3794. of the Revised Code.

(B) Smoking shall be prohibited specifically in the following places at Kent state university:

(1) All university buildings and vehicles.

(2) All outdoor events with seating, such as but not limited to, athletic events, concerts or other performances, award ceremonies and public speakers.

(3) All residence halls.

(4) Any exterior structure which is considered an enclosed area by law. This means an area with a roof or other overhead coverings of any kind and walls or side coverings. Such structures include but are not limited to a bus shelter, concession stand or tent.

(C) "Smoking permitted" areas:

(1) Outdoor areas at least feet away from the entrance, overhang, windows, vents, loading dock or other openings to a building or other structure.

(2) Receptacles for disposing cigarette litter will be provided in selected areas where smoking is permitted.

(D) Smoking tobacco will not be sold or distributed free of charge on Kent state university campuses.

(E) Smoking cessation support will be made available periodically to members of the university community wishing to cease smoking.

(F) The success of creating and maintaining a smoke-free environment will depend upon the thoughtfulness, consideration and cooperation of smokers and nonsmokers. 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, building curator, dean of the regional campus, or in accordance with reporting guidelines provided by the Ohio department of health.

(G) "Smoking prohibited" signs will be posted in accordance with Chapter 3794. of the Revised Code.

Replaces: 3342-5-12.8

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 12/17/1993, 5/5/1994, 10/3/2005, 2/12/2007, 6/1/2007

3342-5-12.9 Administrative policy regarding the use of skateboards, rollerblades, bicycles, and similar conveyances on campus.

(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 the student center 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

Replaces: 3342-5- 12.9

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 1/24/1989, 2/17/1989, 10/28/1994, 4/1/1995, 10/3/2005, 6/1/2007

3342-5-12.10 Administrative policy and procedures regarding food service.

Policy statement. University food service operates different types of facilities on the campus offering various food services to the students, faculty, staff and visitors to the university. Although students are the basic clientele of the food service program, some facilities are intended to serve not only students and their visiting parents, relatives and friends, but also faculty, staff and their relatives and friends as well as those who attend conferences, workshops and meetings.

Replaces: 3342-5-12.10

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/22/1982, 3/31/1992, 10/3/2005, 6/1/2007

3342-5-12.11 Administrative policy regarding off-campus film and video production companies use of university property for commerical purposes.

(A) Policy. All off-campus film and video production companies seeking permission to utilize university property, facilities, personnel and/or use identifiable university landmarks/ buildings/logos must submit a written proposal to the director of university news and information.

(B) Groups exempt from the policy include:

(1) Tapes produced by teleproductions for channels 45/49;

(2) Internal TV-2 productions;

(3) Coverage of university-organized news conferences and news events;

(4) Classwork assigned to students (unless to be distributed outside the university);

(5) Video/slide/film presentations produced for instructional use in the classroom;

(6) Video/slide/film presentations produced for research or scholarly purposes or for professional presentations;

(7) Video/slide/film presentations to be used for in-service training of university personnel;

(8) Registered student organizations taping/filming university-sanctioned functions for internal use.

Student organizations must have the permission of the speaker and/or artist to tape or film.

(C) The director of university news and information has the authority to waive part or all of the procedures in this policy if the production meets the following criteria:

(1) Utilizes limited property;

(2) Utilizes limited personnel;

(3) Requires less than one day of taping or filming on campus to complete the project.

(D) The written proposal should contain the following information:

(1) Name of the production company 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;

(2) Name of the chief executive officer and/or president of the production company 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:

(3) Proof of insurance including type of coverage and the amount of coverage:

(4) Name of the individual(s) to be responsible for the project, if approved, on campus:

(5) Detailed description and/or proposed script of production to be taped or filmed at the university:

(6) Detailed description of facilities needed: university property needed: electrical and other utility specifications: proposed locations (inside and outside) for filming, videotaping and set-up:

(7) Proposed hours, days and weeks the film/video crew will be on campus:

(8) Proposed hours, days and weeks the film/video crew will be utilizing each proposed facility, university property and locations (inside and outside) for filming, videotaping and set-up: and

(9) Proposed air date and name of organization and/or network airing the proposed film/video.

(E) The proposal will be accompanied by a five hundred dollars processing fee. The check should be made out to the Kent state university foundation.

(F) The written proposal will be reviewed by the director of university news and information for completeness.

(G) The director of university news and information will ask that further information be submitted in writing if the proposal is incomplete.

(H) The office of legal affairs will review the proposal to determine what, if any, liability or legal concerns should be considered before it forwards the proposal to the office of facilities planning and operations.

(I) The office of facilities planning and operations will review the proposal and submit a facilities/plant utilization study indicating the impact the proposal will have on the university. The proposal will then be forwarded to the university cabinet.

(J) The university cabinet will review the studies and 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.

(K) If the project receives the approval of the university, cabinet, the production company and/or firm that submitted the proposal must remit a services fee check in an amount equal to six and one-half per cent of a film production's gross sales. The check should be made out to the Kent state university foundation.

(L) The production company and/or firm will receive a users invoice at the completion of the project detailing expenses incurred by the university. A check made out to the Kent state university must be remitted within thirty days of receipt.

Replaces: 3342-5-12.11

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/8/1991, 11/13/1992, 6/1/2007

3342-5-12.13 Administrative policy regarding deadly weapons and dangerous ordinance at Kent state university.

(A) Policy statement. In accordance with the responsibilities and duties provided for in rule 3342-5-12 of the Administrative code, it is strictly prohibited for any individual to possess, store or use a deadly weapon as defined in the Ohio Revised Code or any other dangerous ordnance in and/or on university owned, rented and/or sponsored property.

(B) Eligibility. This policy applies to all faculty, staff, students, visitors, vendors and contractors.

(C) Implementation.

(1) University property is defined as any state-owned and leased facilities, grounds. parking lots and vehicles.

(2) The Kent state university department of public safety is solely responsible for the oversight and implementation of this policy. All requests for deviation or exceptions of this policy must be approved by the director of public safety or his designee.

(D) Violations of this policy are subject to immediate corrective processes including criminal prosecution, persona non grata proceeding, student judicial affairs, and employee disciplinary action up to and including removal, dismissal or termination in accordance with applicable law, rule or collective bargaining agreement.

Replaces: 3342-5-12.13

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 7/4/2008

3342-5-12.14 Administrative policy regarding food and beverage at Dix stadium.

(A) Purpose. In order to enhance the safety and enjoyment of participants and spectators at Kent state university football games, the following administrative policy applies to the provision of food and beverage at Dix stadium.

(B) No food or beverage will be brought into Dix stadium by any individual or organization not authorized by Kent state university athletic or food service departments.

(C) Food and beverage items will be available for purchase from the stadium concessionaire. Catering services will likewise be available from the Kent state university food service department.

Replaces: 3342-5- 30.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 9/29/1983, 10/03/2005

3342-5-12.15 Administrative policy on entry and use of university 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.

Replaces: 3342-5- 30.3

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 1/30/1985, 10/3/2005

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.

Effective: 5/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

3342-5-12.17 Administrative policy regarding video surveillance and electronic systems for safety and security.

(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.

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

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.

Effective: 3/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

3342-5-12.121 Operational procedures for the handling of radioactive materials.

(A) Purpose. The use of radioactive materials is necessary in certain areas of academic research and instruction. Because of the potential for harm, however, specific procedures and controls have been instituted according to the stipulations of the state of Ohio, department of health, United States nuclear regulatory commission and the license issued to the university by the state. These procedures are given in detail in the Kent state university safety manual which is distributed to all nuclear regulatory commission (NRC) licensees on campus, and are summarized in the rule.

(B) Radiation safety officer. The university has a radiation safety officer appointed to oversee the use of radioactive materials. Some of the officer's specific duties are:

(1) To ensure that only individuals authorized in the license or persons under their direct supervision use radioactive materials.

(2) To assure appropriate use of personnel monitoring equipment such as film badges by individuals handling radioactive materials.

(3) To receive and monitor all incoming packages or radioactive materials.

(4) To assure that radioactive materials not in use are secure against unauthorized removal.

(5) To assure regular inspection of all laboratories using and/or storing radioactive materials.

(6) To assure that required records such as inventories, personnel exposure records, wipe tests records, and leak test records are maintained in compliance with state regulations.

(7) To assure that the terms and conditions of the state license(s) are met.

(8) To assure that relevant information supplied to the state of Ohio is kept up to date.

(C) Institutional bioassay program. Guidelines published by the United States NRC stipulate that individuals who handle large quantities of tritium (H-3) labeled compounds and/or large quantities of I-125 or I-131 labeled compounds must be bioassayed.

(1) The Kent state university bioassay program is designed to:

(a) Assure that the investigator has not inhaled, absorbed, or ingested H-3, I-125, or I-131 during the handling of large quantities of these isotopes

(b) Take appropriate clinical action if certain levels of these radioactive materials are detected, to assure the continued health of the individual.

(2) Bioassays are performed on an "as needed" basis, and are only required under certain circumstances. Kent state university's policy is to minimize as much as possible those situations requiring bioassay.

(D) Institutional survey program. Monitoring shall consist of both radiation level surveys and surface wipes.

(1) Radiation level surveys will be used to verify that the radiation levels in all areas accessible to personnel are such that person could not receive exposures exceeding the state mandated limits.

(2) Surface wipes must be taken in all areas where radioactive materials are used, except where they are only used as sealed sources.

(3) Records are to be kept on all survey results including negative ones by the university radiation safety officer.

(4) Wipe tests for sealed sources mandated by state regulations will be conducted at required intervals by authorized individuals and submitted for analysis to properly licensed companies.

(E) Procedures for ordering, receiving, and securing materials; inventories.

(1) All radioactive materials are to be ordered through the university radiation safety officer. The purchasing office is instructed not to process any order for radioactive materials without the approval of the radiation safety officer or his designee. The radiation safety officer must ensure that the requested materials and quantities are authorized by the license and that possession limits are not exceeded.

(2) The radiation safety officer will inspect all incoming packages, and monitor them for contamination.

(3) All radioactive materials must be stored in areas of controlled access, to prevent unauthorized removal and/or use of the material.

(4) The radiation safety officer will maintain inventory records of radioactive materials on campus, indicating their use and disposition. The inventory will be updated monthly.

(F) Institutional laboratory safety.

(1) Rules for handling radioisotopes and instructions for emergency procedures are included in the radiation safety manual.

(2) Areas where materials are being used and stored are to be marked in accordance with the federal and state regulations.

(G) Institutional training program.

(1) Students and technical staff who will use unsealed radioactive materials in their work must first pass a written examination approved by the radiation safety committee. The examination will test the individual's knowledge of the fundamentals of radiation physics, the effects of radiation on living systems, principles and practice of radiation safety, measurement of radioactivity, monitoring techniques, the mathematics and calculations basic to the use and measurement of radioactivity, and local, state, and federal regulations.

(2) Other personnel working in laboratories where unsealed radioactive materials are handled must be trained by the licensee who is their supervisor.

(3) Students and staff who work with sealed sources must be trained by the licensee who is their supervisor.

(4) Authorized users of radioactive materials are given an annual briefing to keep their knowledge or regulations, policies and procedures current. Annual briefings are given for authorized users of radioactive materials, to keep their knowledge of regulations, policies, and procedures current.

(5) Housekeeping and security personnel are given annual briefings on the university's rules and procedures applicable to radioactive material handling and, in particular, to possible consequences and necessary safeguards of which they should be aware. Briefings will be done through memos sent to appropriate supervisors for distribution.

(H) Institutional waste disposal program.

(1) Solid and organic liquid radioactive wastes are collected and periodically removed from campus by a licensed firm, contracted to provide this service.

(2) Aqueous liquid wastes may be flushed down the drain in quantities not exceeding the prescribed limits in section 20.303, 10 CFR part 20.

(3) Animal tissues and liquid scintillation fluids containing 0.05 UCI/GM or less of H-3 or C-14 may be disposed of as nonradioactive materials.

(I) Institutional survey instrument calibration procedures; film badges.

(1) Survey meters are to be periodically calibrated by qualified firms.

(2) Film badges are acquired from and processed by qualified firms.

Replaces: 3342-5-12.121

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/26/1979, 5/18/1984, 1/20/1992, 10/3/2005, 6/1/2007

3342-5-12.401 Operational procedures and regulations regarding use of university facilities.

(A) Purpose. For effective use of all university facilities, it is essential to utilize proper scheduling and billing procedures to make those facilities readily accessible at all convenient times.

(B) General procedure and provisions.

(1) Registrar. Authorized instructional use of facilities is scheduled by the registrar of the university.

(2) University scheduling office. The university scheduling office will accept requests to schedule facilities for other than authorized instruction and will coordinate the use of the requested facility with the appropriate university agency and/or facility curator. At least a calendar month before the beginning of each academic term, the facility curator will provide the university scheduling office with a complete list of areas available for scheduling, recognizing the unique demands of the departments or agencies normally using the areas.

(a) Scheduling by student organizations. A student organization is one that is registered pursuant to rule 3342-4-01.2 of the Administrative Code. Applications for scheduling of facilities by registered student organizations must be approved prior to scheduling by the office of campus life.

(b) Scheduling by non-university group or individual. The university scheduling office will require non-university groups or individuals to have a campus sponsor prior to use of a university facility. The non-university group or individual must sign a contract provided by the university prior to the use of any university facility.

(3) The privilege of use of university facilities by any organization or individual will be granted only if there is a properly executed agreement and/or contract.

(4) Rate charges and billing.

(a) The rate structure is developed by the vice president for administration and then approved by the board.

(b) The university scheduling office will coordinate all billing of accounts.

(c) For non-auxiliary operations, all funds collected for facility rental and replacement will be deposited in the general fund of the university. All income from use of facilities or the rendering of services by an auxiliary operation will be properly accounted for through its operation.

Replaces: 3342-5- 12.401

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/18/1982, 8/18/1982, 6/4/2003, 10/3/2005, 6/1/2007

3342-5-12.402 Operational procedures and regulations regarding conferences and events.

(A) Purpose. To maximize proper utilization of facilities and services, each and every event must be properly arranged and scheduled following the procedures outlined in this rule.

(B) Definitions.

(1) Event. "Events" are those activities that require only facilities and services, such as food, housing and meeting facilities. These facilities and services might be extensive; minimal coordinated program development and management is required.

(2) Three types of events that exist at the university.

(a) "Type one" events are sponsored or held by an existing academic unit of the university.

(b) "Type two" events are sponsored or held by an agency outside the university. Industry, associations, civic and governmental organizations are included in this category.

(c) "Type three" events are sponsored or held by a recognized student group or organization.

(3) Conference. "Conferences" are those programs that include some form of an instructional component and require program development and management in addition to facilities and services. A program contains an instructional component when there is an expected educational outcome and activities are planned and designed to achieve that outcome.

(4) Types of conferences.

(a) "Type one" conferences are those conferences integrally cosponsored by the division of continuing education and with other existing units of the university.

(b) "Type two" conferences are defined as those conferences cosponsored by continuing education with an agency outside of the university. Industry, associations, civic and governmental organizations and labor unions are included in this category.

(C) Procedures.

(1) Operating procedures for implementing a type one conference.

(a) A conference is initiated by a communication to or from the cosponsoring department, the academic agency, which assigns a program chairperson via the "Program Proposal Form, " the critical instrument of planning. The dean of continuing education, in turn, assigns the program administrator.

(b) The program administrator and the program chairperson develop the "Program Proposal Form" with details such as the plans and the budget.

(c) The program administrator obtains the required authorizing signatures. The program chairperson is responsible for the conference content and standards.

(d) A program account is established by the comptroller at the request of the division of continuing education.

(e) A publicity program is developed in concert with the program chairperson and carried out by the division of continuing education.

(f) All facilities and services are arranged through the conference bureau. The conference bureau director brings the various adjunct service units into the planning process as deemed appropriate.

(g) The division of continuing education registers the participants and collects fees.

(h) Fees are deposited in the program account with the university treasurer by the division of continuing education.

(i) Payments and program expenses are expedited by the division of continuing education.

(j) Program evaluation is conducted by the division of continuing education in cooperation with the sponsoring department.

(k) Recycling of the planning process begins for the next related conference.

(2) Operating procedures for implementation of a type two conference.

(a) A conference is initiated by a communication to or from the external or nonuniversity base group, which assigns a program chairperson. In many cases this is an educational director or association officer. The dean of continuing education, in turn, assigns the program administrator.

(b) The program administrator and the program chairperson develop the "Program Proposal Form" with details such as the plans and the budget.

(c) The program administrator obtains the required authorizing signatures. The program chairperson is responsible for the conference content and standards and often cooperatively with the program administrator.

(d) A program account is established by the comptroller at the request of the division of continuing education.

(e) A publicity program is developed, in concert with the program chairperson and carried out by the division of continuing education.

(f) All facilities and services are arranged through the conference bureau. The conference bureau director brings the various adjunct service units into the planning process as deemed appropriate.

(g) The division of continuing education registers participants and collects fees, in concert with the cosponsor when arranged.

(h) Fees are deposited in the program account with the university treasurer by the division of continuing education after registration and/or after the organization has been invoiced.

(i) Payments and program expenses are expedited by the division of continuing education.

(j) An evaluation of the conference is conducted by the division of continuing education in cooperation with the program chairperson.

(k) Recycling of the planning process begins for the next related conference.

(3) Operating procedures for implementing an event.

(a) All events must be scheduled through the university scheduling office. It is the applicant's responsibility to contact the university scheduling office first and it is the responsibility of all other university departments to insure that this is done before arrangements are discussed.

(b) An "Application for Scheduling Events" will be completed. This application is a request to reserve a location or room on university property. The location or room preferred will be assigned if possible. If not, an alternate location will be assigned.

(c) After the application is completed and arrangements are discussed with a university scheduling office representative, a confirmation will be prepared and sent to the applicant confirming exactly what has been requested regarding the event. Copies of the confirmation will be sent to all units that will be providing services for the event, or which may be helpful to the event.

Replaces: 3342-5-12.402

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/18/1982, 10/3/2005, 6/1/2007

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 save 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 buildings, provide for extension of open periods, and prescribe conditions under which persons may use closed facilities.

(B) Operational procedures.

(1) Non-academic buildings. Open and closed periods for all non-academic buildings shall be regulated by the building curator.

(2) Academic buildings.

(a) 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, college of continuing studies, or other authorized university official. This schedule is based upon the normal use requirements.

(b) It is permissible for a facility curator to open a building during the regularly scheduled closed periods for departmental use only, providing he or she assumes responsibility for the security of the building during that time.

It is permissible for a facility curator to close a building outside the times listed above providing he or she has met the following criteria:

(i) The curator has consulted the office of the registrar, conference bureau and college of continuing studies to ensure officially scheduled building use is not adversely affected by the earlier closing of the building.

(ii) The 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 curator has coordinated securing the doors with electronic locking devices with facilities, planning, and operations, and has made arrangements with building staff to secure all other exterior doors of the building at the time designated by the curator.

(iv) The building curator has notified police services of the early closing dates and times.

(c) In his or her absence, the building curator may appoint a temporary building curator.

(d) A university or university-contracted employee 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 his or her job.

(iii) The employee displays an academic building access authorization card and, if employed by the university, possesses a valid Kent state university identification card.

(e) 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.

(f) No facilities may be utilized for events after one-thirty a.m.

Effective: 2/4/2011
Promulgated Under: 111.15
Statutory Authority: 3341
Rule Amplifies: 3341.01, 3341.06
Prior Effective Dates: 5/16/1988, 10/3/2005, 6/1/2007

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.

Replaces: 3342-5-12.404

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 5/7/1982, 10/3/2005, 6/1/2007

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 driver's 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 driver's 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 employee's 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 employee's contribution toward these costs will be calculated annually and included as taxable earnings on the employee's 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, employee's receiving a stipend will be eligible for reimbursement of business miles traveled at standard IRS mileage rates.

Replaces: 3342-5- 12.501

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 4/30/1982, 1/11/1991, 2/17/1994, 3/7/2000, 1/17/2002, 6/4/2003, 6/1/2007

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 driver's 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.

Replaces: 3342-5-12.601

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/26/1979, 8/16/1982, 8/18/1995, 10/03/2005, 6/1/2007, 9/2/2013

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.

Replaces: 3342-5- 12.901

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 10/28/1994, 12/5/1994, 4/20/1995, 10/3/2005, 6/1/2007

3342-5-13 University policy regarding voluntary gift support, including naming opportunities.

(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 institutional advancement, 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 the 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 institutional advancement).

(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 board's 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 institutional advancement 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.

Replaces: 3342-5-13

Effective: 4/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/10/1997, 2/12/2007, 6/1/2007, 10/5/2012, 3/1/2015

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 university's 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 university's 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.

Effective: 4/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

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): $5,00,000.

(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).

Replaces: 3342-5-13

Effective: 4/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/10/1997, 2/12/2007, 6/1/2007, 10/5/2012, 3/1/2015

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.

Replaces: 3342-5-13.2

Effective: 4/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04 /
Prior Effective Dates: 10/5/2012, 3/1/2015

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 and Kent state university, Kent campus, the exercise of all necessary emergency authority for responding to the threat to lives and property on the Kent campus 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.

Replaces: 3342-5-14

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 5/22/1991, 12/5/1994, 10/3/2005, 6/1/2007

3342-5-14.1 Administrative policy on campus emergencies.

(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.

(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 significant disruption of university operations, significant physical or environmental damage, or significantly threatens the university's financial well being.

(2) Campus emergency management plan. The campus emergency management plan is the university's strategy to prepare for, mitigate, respond to, and recover from actual or potential emergencies.

(3) Department emergency operations plan. The department emergency operations plan is the internal, department-level plan that prescribes the changes in functional responsibilities and operations of a department during an emergency.

(D) Implementation.

(1) The president directs the regional campus deans and the director of public safety to develop, maintain, and annually update an emergency management plan for each of their respective campuses. Each plan shall include, at a minimum, 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 responsible for emergency planning and response;

(d) Collaboration with local emergency management partners;

(e) An effective means of public emergency notification at the campus level;

(f) Department-level emergency operations planning; and

(g) Adoption of the national incident management system.

(2) The regional campus deans and the director of public safety are further directed to develop, maintain, and make available an emergency guide for each respective campus to assist students, faculty, and staff to prepare for and respond to emergency conditions.

(3) The director of public safety is directed to assist each campus with plan development and to coordinate emergency management activities between campuses.

(4) The president may, depending upon the circumstances, direct each each executive officer where to report and ensure their compliance with this policy in each of their respective divisions.

Replaces: 3342-5-14.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 7/4/2008, 8/18/2008

3342-5-15 University policy regarding records retention.

(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 (J) of section 1306.20 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.

(1) Before any such records are discarded, the record holder must complete the "record destruction form." which then must be reviewed and approved by:

(a) The university archivist, who shall review the records for historical significance: and

(b) The office of general counsel.

Effective: 6/17/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01, 3341.04
Rule Amplifies: 3341.04
Prior Effective Dates: 1/11/1993, 6/1/2007, 3/5/2008, 3/1/2015

3342-5-15.1 Administrative policy regarding public records.

(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 state's Public Records Act, also called Sunshine Laws.

(B) Definitions.

(1) Record. For the purposes of this policy, a record; contains information stored on a fixed medium (paper, computer, film, e-mail, etc.); is created, received, or sent under the jurisdiction of the university; and documents the organization, functions, policies, decisions, procedures, operations, or other activities of the university.

(2) Requestor. Any person who wishes to make a request to inspect or receive copies of records. A requestor does not have to provide his or her identity or the intended use of the requested record.

(3) Request. Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow the university to identify, retrieve, and review the records. The requester does not have to put a records request in writing but it is helpful to the university to know what records are being sought.

(4) Exemption. Social security numbers and personal bank routing information are exempted from disclosure when responding to public record requests. All other exemptions to openness are to be construed in their narrowest sense.

(C) Scope.

All records of Kent state university are public unless they are specifically exempt from disclosure under the Ohio Revised Code or federal law.

(D) Implementation.

(1) Record maintenance. As required by Ohio law, records will be organized and maintained as much as is practicable so that they are readily available for inspection and copying. Maintenance standards for e-mail are specifically provided for in paragraph (D)(5) of this rule The university's record retention schedules pursuant to rule 3342-5-15 of the Administrative Code.

(2) Public record requests.

(a) All public records requests for Kent state university shall be directed to the office of university counsel.

(b) Each request for public records shall be evaluated for a response using the following guidelines:

(i) If it is not clear what records are being sought, and if the requestor has provided contact information, the office of university counsel must contact the requester for clarification, and should assist the requestor in revising the request by informing the requestor of the manner in which the university keeps its records

(ii) Each request should be evaluated for an estimated length of time required to gather the records. Routine requests for records should be satisfied as soon as feasible.

(iii) If the responsive records are readily available in an electronic format that can be e-mailed or downloaded easily, responses should be made as quickly as the equipment allows.

(iv) Any denial of records in response to a valid request must be accompanied by an explanation, including statutory legal authority, as outlined in the Revised Code. If the request is in writing, the explanation must also be in writing.

(c) Public records are to be available for inspection during regular business hours, with the exception of university holidays.

(d) Public records must be made available for inspection promptly and copies of public records must be made available within a reasonable period of time.

"Prompt" and "reasonable" take into account the volume of records requested; the proximity of the location where the records are stored; and the necessity for any legal review of the records requested.

(e) If the requestor has provided contact information, their requests will either be satisfied or be acknowledged in writing by the office of the university counsel within three business days following the office of university counsel's receipt of the request. If a request is deemed significantly beyond "routine, " such as seeking a voluminous number of copies or requiring extensive research, the acknowledgement must include the following:

(i) An estimated number of business days it will take to satisfy the request.

(ii) An estimated cost if copies are requested.

(iii) Any items within the request that may be exempt from disclosure.

(f) Any denial of public records requested must include an explanation, including statutory legal authority. If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released. If there are redactions, each redaction must be accompanied by a supporting explanation, including statutory legal authority.

(3) Costs for public records. Those seeking public records will be charged only the actual cost of making copies:

(a) The charge for paper copies is ten cents per page.

(b) The charge for downloaded computer files to a compact disc is one dollar per disc.

(c) There is no charge for documents e-mailed.

(d) The actual charge for copy services or mediums - including but not limited to maps, color copies, hard drives, and audiotapes - will be charged to the requestor.

(4) Delivery. Requesters may ask that documents be mailed or shipped to them. They will be charged the actual cost of the postage and mailing supplies.

(5) E-mail. Documents in electronic mail format are records as defined by the Ohio Revised Code when their content relates to the business of the university. E-mail is to be treated in the same manner as records in other formats and should follow the same retention schedules as provided for in paragraph (D)(1) of this rule.

(a) Records in private e-mail accounts used to conduct university business are subject to disclosure, and all employees or representatives of the university are instructed to retain e-mails that relate to university business (See paragraph (B)(1) of this rule) and make them available in response to requests.

(b) The records custodian is to treat the e-mails from private accounts as records of the university, filing them in the appropriate way, retaining them per established schedules and making them available for inspection and copying in accordance with the Public Records Act.

(E) Failure to respond to a public records request.

Kent state university recognizes the legal and non-legal consequences of failure to properly respond to a public records request. In addition to the distrust in government that failure to comply may cause, the university's failure to comply with a request may result in a court ordering the university to comply with the law and to pay the requester attorney's fees and damages.

Replaces: 3342-5-15.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 3/5/2008

3342-5-16 University policy regarding unlawful discrimination and harassment.

(A) Policy.

(1) This policy sets forth the expectations and responsibilities for maintaining an educational and employment environment free of unlawful discrimination and harassment. This policy, (in accordance with rule 3342-6-02 of the Administrative Code, as well as state and federal law), prohibits unlawful discrimination based on race, color, religion, gender, sexual orientation, national origin, ancestry, disability, genetic information, age, military status, or identity as a disabled veteran or veteran of the Vietnam era, recently separated veteran, or other protected veteran. Harassment directed toward an individual or a group, through any means, including electronic, and based on any of these categories is a form of unlawful discrimination. The university encourages an atmosphere in which the diversity of its members is understood and appreciated, free of 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.

(2) It is the policy of the university to:

(a) Apply the federal and state definitions of unlawful discrimination and harassment in implementing this policy.

(b) Communicate that unlawful discrimination and harassment are unacceptable and will not be tolerated.

(c) Educate the university community regarding individual rights with regard to unlawful discrimination and harassment.

(d) Investigate alleged incidents that are reported in an appropriate and timely manner.

(3) This policy is intended to promote the university's commitment to equal opportunity 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.

(4) In accordance with all applicable state and federal laws including, but not limited to, the Civil Rights Act of 1964 and its amendments, 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.

(5) In accordance with all applicable state and federal laws including, but not limited to, Title VII of the Civil Rights Act in employment this policy shall apply to, but not necessarily be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other compensation, and selection for training.

(6) The "office of equal opportunity/affirmative action", or "EO/AA", is the university department responsible for administering this policy. The office is located within the division of human resources.

(7) Kent state university prohibits retaliation against any individual who makes a complaint of unlawful harassment. Similarly, any person who participates or cooperates in any manner in an investigation or any other aspect of the process described herein shall not be subject to retaliation. Retaliation is itself a violation of this policy and is a serious offense. Complaints regarding allegations of reprisal should be immediately reported to the equal opportunity/affirmative action office.

(B) Eligibility. All students, faculty, staff, independent contractors, guests, visitors, applicants, and university recognized student organizations.

(C) Definitions.

(1) Protected category. Kent state university defines a protected category to include race, color, religion, gender, sexual orientation, national origin, ancestry, disability, genetic information, age, military status, and identity as a disabled veteran or veteran of the Vietnam era, recently separated veteran, or other protected veteran.

(2) Unlawful discrimination. An intentional or unintentional act that adversely treats or impacts an individual in a protected category in employment, or in academic or non-academic decision making based on the protected category.

(3) Unlawful harassment. Includes intimidation, ridicule or insults that are sufficiently severe, pervasive or persistent as to interfere with or limit the ability of an individual to participate in or benefit from the services, activities or privileges provided by the University; creates an intimidating, hostile or offensive working and/or learning environment; or otherwise adversely affects an individual's work or learning opportunities, and is based on an individual's race, color, religion, gender, sexual orientation, national origin, ancestry, disability, genetic information, age, military status, identity as a disabled veteran or veteran of the Vietnam era, recently separated veteran, or other protected veteran.

(4) Hostile environment. An hostile environment may be created by oral, written, graphic or physical conduct that is sufficiently severe, persistent, or pervasive so as to interfere with or limit the ability of an individual to participate in or benefit from the university's academic, student, residential, or employment programs or activities and is based on a protected class.

(5) Unlawful conduct. Unlawful verbal or physical conduct may include, but is not limited to, comments focused on physical features, taunts, epithets/slurs, defacing property and/or items that demonstrate hostility to a person's protected class.

(6) Race/color/national origin/ancestry unlawful discrimination and harassment.

(a) Race and color. State and federal law prohibit discrimination on the basis of race or color. Race or color discrimination is defined as unlawful treatment of an individual based on characteristics associated with race.

(b) Racial harassment is defined as any verbal or physical behavior or conduct that has the purpose or effect of:

(i) Creating an intimidating, hostile, or offensive employment, educational or university living environment;

(ii) Interfering with an individual's or group's educational experience, employment, university living environment, personal safety or participation in university sponsored activity; or

(iii) Threatening an individual's or multiple individual's employment or academic opportunities.

(c) National origin/ancestry. National origin or ancestry discrimination is defined as unlawful treatment of an individual based on birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group or national origin.

(7) Gender discrimination and harassment.

(a) Gender. State and federal law prohibits unlawful discrimination based on gender or sex. Both men and women are protected from discrimination. Gender discrimination includes, but is not limited to, discrimination based on pregnancy, childbirth and disability due to pregnancy, non-conformance to gender stereotypes, and discrimination based on gender identity, including transgender identity.

(b) Sexual harassment. Sexual harassment is defined as:

(i) Unfavorable or unwelcome treatment; and

(ii) Made without consent; and

(iii) Is severe or pervasive; and

(iv) Has the purpose or effect of unreasonably interfering with an individual's employment or academic performance; or

(v) Creates an intimidating, hostile, or offensive working, academic, or university environment.

(vi) Sexual harassment includes sexual exploitation and sexual misconduct, and is further defined in rule 3342-5-16.2 of the Administrative Code.

(8) Religious discrimination and harassment. State and federal law prohibits unlawful discrimination on the basis of religion, and requires reasonable accommodation for religious practices, unless to do so would cause "undue hardship" on the conduct of business. Religion is broadly defined to include all aspects of religious observance, practice and belief

(a) The religious beliefs must be sincere to the person seeking protection.

(b) Conduct including, but not limited to, insistence, either implicitly or explicitly, that an individual participate in or not participate in religious activities or hold or not hold particular religious views, may constitute religious harassment.

(9) Disability discrimination and harassment.

(a) The Americans with Disabilities Act as Amended (ADAA), sections 503 and 504 of the Rehabilitation Act, and Chapter 4112. of the Revised Code prohibit unlawful discrimination against individuals with disabilities. This includes individuals who:

(i) Have a physical or mental impairment that substantially limits one or more of his/her major life activities;

(ii) Have a record of such an impairment; or

(iii) Are regarded as having such an impairment

(b) Federal law requires making reasonable accommodations to the known physical or mental limitations of a qualified individual with a disability unless to do so would cause an undue hardship on the operation of the business.

(10) Age discrimination and harassment.

The Age Discrimination in Employment Act of 1967, as well as Chapter 4112. of the Revised Code, prohibits unlawful discrimination on the basis of age with respect to individuals who are at least forty years of age.

(11) Sexual orientation discrimination and harassment.

(a) Kent state university policy prohibits unlawful discrimination based on sexual orientation. This includes gay, lesbian, and bisexual individuals.

(b) Sexual orientation harassment is defined as any verbal or physical behavior or conduct that has the purpose or effect of:

(i) Creating an intimidating, hostile, or offensive employment, educational or university-based living environment;

(ii) Interfering with an individual's or multiple individual's employment or academic opportunities;

(iii) Limiting an individual's access to employment, admission, academic success, or university activities and facilities because of the individual's sexual orientation.

(12) Veterans.

The Vietnam Era Veterans Readjustment Assistance Act of 1974 prohibits unlawful discrimination and requires affirmative action in all employment practices for special disabled veterans and Vietnam era veterans.

(13) Military status.

Federal and state law prohibits unlawful discrimination on the basis of military status in employment decisions. Military status includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time national guard duty and performances of duty or training by a member of the Ohio organized militia.

(14) Genetic information.

Title II of the Genetic Information Nondiscrimination Act of 2008, (GINA) protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers' acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members.

(D) Implementation.

(1) The office of equal opportunity/affirmative action and/or the Title IX coordinator (when applicable) is responsible for administering this policy.

(2) To determine the most appropriate complaint and resolution process, anyone who believes that unlawful harassment or discrimination has occurred may contact their immediate supervisor and/or one of the following university offices: the office of equal opportunity/affirmative action, employee relations, dean of students, student ombuds, the student multicultural center, the division of diversity, equity and inclusion, the women's center, the Title IX coordinator or deputy coordinators, or an appropriate university employee. Anyone who feels physically threatened or has been physically harmed should immediately contact the appropriate law enforcement agency. All offices receiving complaints must notify the office of equal opportunity/affirmative action, or when applicable, the Title IX coordinator or a deputy coordinator, per rules 3342-5-16.1 and 3342-5-16.2 of the Administrative Code.

(3) A violation of this policy should be reported as soon as possible after an incident occurs so appropriate action can be taken according to university policy.

(4) The confidentiality of all parties will be honored to the extent legally protected and which provides for an appropriate investigation. Persons seeking information or guidance concerning potential discrimination or harassment allegations are advised that the university may take action once it is informed of an allegation whether or not the person wants to pursue a complaint. However, Title IX of the Education Amendments of 1972 requires the university investigate all allegations of gender discrimination, sexual harassment, and sexual misconduct. The administrative investigation, addressed in rule 3342-5-16.2 of the Administrative Code, is separate from any other investigations, including investigations by law enforcement.

(E) Violations.

(1) It is a violation of this policy and federal and state laws for anyone to engage in unlawful discrimination and/or harassment as defined in paragraph (C) of this rule.

(2) The university is committed to eliminating unlawful discrimination and harassment, wherever they occur in the university community, by taking corrective action as a result of violations of this policy. Violations may lead to disciplinary action which may include separation from the university.

(3) Retaliation against persons who file complaints or cooperate with the investigation of a complaint of discrimination or harassment is a violation of this policy as well as the law, and is strictly prohibited. Overt or covert acts of reprisal, interference, restraint, penalty or intimidation against any person for exercising rights under this policy will be subject to appropriate and prompt disciplinary and remedial action.

(4) If the office of equal opportunity/affirmative action determines that a complainant intentionally falsely accused another of harassment, appropriate sanctions will be recommended against the complainant.

(F) Sanctions.

If it is found that an individual's conduct violates this policy, sanctions will be recommended. Action may include, but is not limited to, counseling, training, oral or written warning, no-contact orders, transfer, suspension, termination or expulsion. The degree of action may be determined based on the intent and outcome of the behavior. Sanctions shall be based on the nature and severity of the offense and the extent of the findings. Any processes and sanctions will be in accordance with the provisions of the appropriate collective bargaining agreement, student conduct code, employee disciplinary procedure, or other appropriate university policy, and will be provided in writing to both the respondent and complainant.

(G) Responsibilities.

(1) The office of equal opportunity/affirmative action, or the Title IX coordinator or deputy coordinators (when applicable) are responsible for administering this policy.

(2) It is expected that all members of the university community share the responsibility for non-discrimination and harassment prevention and report all instances of discrimination or harassment (rules 3342-5-16.1 and 3342-5-16.2 of the Administrative Code).

Replaces: 3342-5-16

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 4/5/1982, 11/22/1985, 12/29/1986, 5/4/1991, 6/29/1992, 4/21/2003, 2/10/2005, 6/1/2007, 3/5/2008, 2/25/2009, 6/25/2010, 6/20/2012, 6/13/2014

3342-5-16.1 Administrative policy regarding complaints of unlawful discrimination and harassment, with the exception of gender-based.

(A) Policy/statement.

(1) It is the policy of the university to provide a mechanism for achieving equitable and expedient resolution to complaints of unlawful discrimination and harassment based on protected categories: race, color, religion, gender, sexual orientation, national origin, ancestry, disability, genetic information, age, military status, identity as a disabled veteran or veteran of the Vietnam era, recently separated veteran, or other protected veteran. It is a violation of university policy, and federal and state laws for anyone to engage in unlawful discrimination/harassment, as defined by rule 3342-5-16 of the Administrative Code. The university is committed to eliminating unlawful discrimination and harassment, wherever they occur in the university community, by investigating, and when appropriate, taking corrective action as a result of violations of this policy. Violations may lead to disciplinary action, which may include separation from the university.

(a) Retaliation. Retaliation against a person filing a complaint or against others participating in an investigation is prohibited, per rule 3342-5-16 of the Administrative Code.

(b) Complaints are to be made in good faith. If the office of equal opportunity/affirmative action determines that a complainant knowingly falsely accused another of harassment, appropriate sanctions will be recommended against the complainant.

(B) Eligibility. All students, faculty, staff, independent contractors, guests, visitors, applicants, and university recognized student organizations.

(C) Definitions.

(1) The "office of equal opportunity/affirmative action", or "EO/AA", is the university department responsible for administering this policy. The office is located within the division of human resources.

(2) A "complaint" of unlawful discrimination/harassment is defined as an allegation of a violation of university policy, "University policy regarding unlawful discrimination and harassment, " rule 3342-5-16 of the Administrative Code.

(3) A "complainant" is defined as any individual who has initiated a complaint for administrative investigation. A university department may also serve as a complainant on behalf of individual(s) or a protected class.

(4) A "respondent is defined as any individual and/or unit or department who has been accused of unlawful harassment/discrimination.

(5) An "investigator" is an office of equal opportunity/affirmative action staff member and/or facilitator who to conducts the investigation.

(6) An "affirmative action facilitator" is a liaison between the administrative unit and office of equal opportunity/affirmative action.

(D) Implementation.

(1) Where to file. Generally, complaints of alleged violations of this policy must be reported to the office of equal opportunity/affirmative action or a designated facilitator.

(a) However, because of the nature of certain offenses and specific regulation under Title IX of the Educational Amendments of 1972, complaints regarding gender discrimination, gender and sexual harassment, and sexual misconduct by staff, students, and visitors will be investigated in accordance with rule 3342-5-16.2 of the Administrative Code.

(b) In the event a complainant files a complaint for unlawful discrimination or harassment based upon multiple protected classes that includes one of the offense specified in paragraph (D)(1)(a) of this rule, the complaint will investigated in accordance with both this rule and rule 3342-5-16.2 of the Administrative Code. The results of both will be included in the findings issued pursuant to paragraph (E) of this rule.

(c) The office of equal opportunity/affirmative action may initiate an investigation without a specific complainant if it is made aware of allegations, or has reason to believe, that rule 3342-5-16 of the Administrative Code has been violated.

(2) Time periods to file. Complaints must be reported to the office of equal opportunity/affirmative action within thirty business days of the alleged act or discovery of the alleged act, with the exception of complaints regarding gender discrimination, gender and sexual harassment, and sexual misconduct which must be submitted to the Title IX coordinator/deputy coordinator in accordance with rule 3342.5-16.2 of the Administrative Code.

(3) Right to file with external agencies. A complainant also has the right to file a complaint against the university with external agencies including the Ohio civil rights commission (employees alleging discrimination; students alleging disability discrimination) within one hundred eighty days, the equal employment opportunity commission (employees alleging discrimination) within three hundred- days, and the department of education office for civil rights (employees and students alleging discrimination) within one hundred eighty days. The timeline is based on the alleged act or the discovery of the alleged act. However, it is recommended that the complainant first exhaust these internal complaint procedures described in this policy.

(4) Confidentiality. The university will make every reasonable effort to honor the confidentiality and privacy of all parties involved to the extent legally allowed in accordance with FERPA, the Ohio Public Records Law and other applicable laws.

(5) Timely cooperation is expected of all involved parties throughout the complaint process. All parties are expected to be respectful of one another's privacy and to discuss the case, only with those who have a need to know.

For employees, reasonable administrative time-off shall be permitted for a complainant, respondent, and fellow employees who are asked to participate in and attend an investigation session. The employee(s) shall notify their supervisor in writing as early as possible. The supervisor will comply with the employee's request but shall maintain the right to establish a reasonable time to schedule a meeting during the work day. The office of equal opportunity/affirmative action, as well as other units involved in the complaint process, will document the date(s) and time(s) of such meetings

(E) Complaint procedures. It is important to process a complaint as expeditiously as possible. The number of business days indicated below at each level shall be the intended timeline. The time specified, however, may be extended by written notice from the investigator to the complainant and respondent. In all cases, a person who (1) reports or complains, (2) participates in an inquiry or investigation, or (3) is accused may be accompanied by an individual of their choice who shall be permitted to attend, but not participate in the proceedings. Respondents represented by legal counsel are to advise the office of equal opportunity/affirmative action in advance of the meeting. Legal counsel may advise their client, but may not participate in the meeting.

(1) Informal resolution/pre-complaint counseling procedure.

(a) The complainant must contact the office of equal opportunity/affirmative action and express a desire to file a complaint with the office. The preferable method is to provide the complaint in writing. The complaint should specify the conduct at issue and the protected class(es) on which the alleged discrimination is believed to be based. A complaint form is available on the office of equal opportunity/affirmative action website.

(b) The office of equal opportunity/affirmative action and/or the area affirmative action facilitator is available to provide information, guidance, and direction to resolve complaints. A complainant shall be provided an opportunity to discuss their complaint and determine if the complaint falls within the scope of the university policy regarding nondiscrimination, rule 3342-5-16 of the Administrative Code.

(c) Informal resolution may first be attempted by a complainant at the unit level by contacting the appropriate supervisor or administrator over the academic unit, residence hall, or administrative office.

(d) If the supervisor or administrator is the alleged harasser, the complainant may attempt resolution with the next level of supervision or contact the office of equal opportunity/affirmative action.

(e) A complainant has the right to report the complaint and pursue informal resolution directly through the office of equal opportunity/affirmative action.

(f) If informal resolution is not reached, complainants may initiate a formal complaint through the appropriate administrative unit and process, which may include the office of equal opportunity/affirmative action or the office of student conduct. Refer to chapter 4 of the policy register for student conduct procedures.

(g) The complainant at all times has the right to concurrently file a report with the university police or appropriate law enforcement agency, and/or utilize additional university policies and processes; for example, the student academic and nonacademic grievance procedures, or the student conduct procedure. If the complainant decides to utilize additional university resources, each process will operate in accordance with its own procedures, separate from the procedure provided in this policy.

(h) The informal resolution process shall be completed within sixty calendar days.

(2) Formal discrimination complaint.

(a) If informal resolution is not reached, or not attempted, the complainant(s) may initiate a formal complaint action by notifying the office of equal opportunity/affirmative action of their intent to do so, preferably by submitting the "internal complaint of discrimination form" available through the office of equal opportunity/affirmative action.

Anonymous and indirect reports will be reviewed to determine if enough credible information has been provided to substantiate a complaint. If it is determined that an investigation is appropriate, the office of equal opportunity/affirmative action may initiate an investigation without a specific complainant.

(b) The office of equal opportunity/affirmative action shall notify in writing the appropriate administrative party of the written complaint and the respondent within ten business days from the date of the filing of the complaint.

(i) If a supervisor or administrator is named in the complaint, resolution will be attempted with the next level of supervision or administration.

(ii) The office of equal opportunity/affirmative action shall notify the respondent of the complaint, provide the respondent with a copy of the complaint, and inform them of the right to present their case during the investigation. The respondent shall be given ten business days to provide a statement in response to the complaint.

(iii) Both the complainant and the respondent have the right to be accompanied and advised by an advocate during the complaint process. If the complainant or respondent wishes to exercise this option, they are to provide notice to the office of equal opportunity/affirmative action prior to the scheduled meeting informing the office who they will be accompanied by.

(c) The office of equal opportunity/affirmative action and/or designated facilitator shall have sixty calendar days to investigate the complaint. During this period, and with the consent of both the complainant and respondent, the office of equal opportunity/affirmative action may suspend the investigation in order to initiate and implement a problem resolution strategy. If additional time is needed to complete the investigation, both parties will be notified.

(d) Completion of investigation - employee, university department, or student organization as respondent:

(i) Upon completion of the investigation, the office of equal opportunity/affirmative action will provide the appropriate administrators, the respondent, and the complainant with a written summary of the investigation findings. If a violation of the university discrimination policy is found, the summary will include proposed recommendations to resolve the complaint. The recommendations should include corrective, remedial, and/or preventative action.

(ii) The office of equal opportunity/affirmative action's written summary will serve as the university's administrative disposition of the complaint. It is the appropriate administrative unit's responsibility to accept the proposed recommendations or suggest modifications in conjunction with the office of equal opportunity/affirmative action. The resolution will be documented by the office of equal opportunity/affirmative action and submitted to the vice president of human resources. Such terms of the agreement may then be subject to review by the responding department's vice president. However, a vice president may review and initiate proposed recommendations at any time during the process.

(iii) The responding department shall, in a timely fashion, advise the office of equal opportunity/affirmative action what sanctions will be implemented and report on the progress of implementing the sanctions.

(e) Completion of investigation - student as respondent:

(i) If the respondent is a student, a formal complaint will initiate an investigation as described above and result in a student conduct hearing. This process is contained in the code of student conduct.

(ii) The complainant and accused will be given equal and timely access to information that will be considered by the hearing panel in making its decision.

(iii) Both the complainant and accused may bring a person of their choosing to accompany them through the disciplinary process. This person may attend the hearing, but may not participate.

(iv) Both the complainant and accused may bring witnesses to provide information during the hearing. The findings of the office of equal opportunity/affirmative action's investigation will be shared verbally at the hearing. Both parties, as well as the hearing panel, will be able to ask questions of the investigator to clarify the investigation and its results.

(v) The hearing panel will use a preponderance of the evidence standard in making its determination (i.e. it is more likely than not that the offense occurred, based on the evidence presented.).

(vi) The outcome of the hearing, including sanctions if an accused student is found responsible, will be provided in writing to both the accused student and the complainant.

(vii) Sanctions may include, but are not limited to: warning, probation, campus access restrictions, counseling referral, reflection assignment, monetary penalty (two hundred dollars maximum), no contact order, suspension, dismissal, or other as deemed appropriate.

(f) If the accused is not a current student, current employee, university department, or student organization, a determination proceeding may be held pursuant to rule 3342-5-12.7 of the Administrative Code. A decision will be made and shared with the complainant and accused, in writing, within five business days of the completion of the proceeding. Sanctions may include restrictions on the accused's ability to visit campus, including an order that they are no longer permitted on campus, in accordance with rule 3342-5-12.7 of the Administrative Code.

(3) Appeal process.

(a) Appeal process - employee, university department, or student organization as respondent:

(i) An appeal of the disposition findings may be initiated by submitting a written request to the office of equal opportunity/affirmative action within seven calendar days upon receipt of the findings

(ii) Upon receipt of the appeal, the office of equal opportunity/affirmative action shall notify the appropriate administrative party. The other party shall be notified, provided a copy of the appeal and given an opportunity to respond in writing.

(iii) The office of equal opportunity/affirmative action shall have ten business days to review the appeal and any appropriate documentation.

(iv) Upon completion of the appeal review, the office of equal opportunity/affirmative action will provide the appropriate administrators, the respondent, and the complainant with a written summary of the appeal determination. If a violation of the university discrimination policy is found, the summary will include a proposed recommendation to resolve the complaint. The recommendation should include corrective, remedial, and/or preventative action.

(v) The office of equal opportunity/affirmative action's written appeal determination will serve as the university's administrative disposition of the complaint. It is the appropriate administrative unit's responsibility to accept the proposed recommendations or suggest modifications in conjunction with the office of equal opportunity/affirmative action. The final resolution will be documented by the office of equal opportunity/affirmative action and submitted to the vice president of human resources. Such terms of the agreement may then be subject to review by the responding department's vice president. However, a vice president may review and initiate proposed recommendations at any time during the process.

(vi) With the completion of the appeal determination, the internal complaint appeal procedures are exhausted.

(b) Appeal process - student respondent. If the respondent is a student, and a student conduct hearing has been held, the decision may be appealed within seven days by either the complainant or the accused in accordance with the student conduct appeals procedure contained in the code of student conduct.

(c) Appeal process - visitor respondent. If the accused is not a current student, current employee, or university department, a request for review of the determination proceeding decision may be made to vice president of enrollment management and student affairs, or their designee, in accordance with rule 3342-5-12.7 of the Administrative Code. A final decision will be made and shared with the complainant and accused, in writing, within thirty days of receipt of the request for review.

(F) Recommended actions and sanctions. If it is found that an employee's, university department's, or student organization's conduct violates the university policy, action will be recommended by the investigator to the appropriate supervising department. Actions and sanctions may include, but are not limited to, counseling, training, oral or written warning, no contact orders, transfer, activity limitations, campus access restriction, removal of recognition, suspension, termination or expulsion. The degree of action may be determined based on the intent and outcome of the behavior. Sanctions shall be based on the nature and severity of the offense and the extent of the findings. The university will ensure that all parties are afforded due process in its complaint handling. Any sanctions will be in accordance with the provisions of the appropriate collective bargaining agreement, employee disciplinary procedure, or other appropriate university policy, and will be provided in writing to both the respondent and complainant.

(G) Responsibilities.

(1) The office of equal opportunity/affirmative action is responsible for administering this policy.

(2) All members of the university community share the responsibility for reporting instances of discrimination or harassment

(3) The office of equal opportunity/affirmative action facilitators are responsible for complaint intake and providing information, guidance, and direction in utilizing the complaint procedure at the regional campuses.

(4) Managers are responsible for providing information, guidance, disseminating policy, advising appropriately, and complying with timely investigative procedures.

(H) The appropriate vice president, or their designee, may, on their own initiative, utilize an expedited resolution process with regard to any aspect of the complaint including any proposed recommendations with the offices of the appropriate vice presidents and/or president. This process in so far as practicable, should take no longer than twenty business days from filing.

(I) Retaliation. Kent state university prohibits retaliation against any individual who makes a participates in a complaint of unlawful harassment, pursuant to rule 3342-5-16 of the Administrative Code.

Replaces: 3342-5-16.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 5/20/1992, 2/11/2003, 4/21/2003, 6/1/2007, 3/5/2008, 6/5/2012, 5/19/2014

3342-5-16.2 Administrative policy regarding complaints of unlawful gender discrimination, gender/sexual harassment, sexual misconduct, stalking, and intimate partner violence.

(A) Policy statement. Unlawful gender-based discrimination, which includes sexual harassment, sexual misconduct, stalking and intimate partner violence, can interfere with a student's ability to participate in or benefit from university academic and non-academic programs, an employee's ability to function in the workplace, and a campus visitor's to ability to utilize the university programs and services. Unlawful gender-based discrimination is prohibited at Kent state university. The procedure below is intended to afford a prompt, thorough, and impartial response from the university to an allegation of gender discrimination, sexual harassment, sexual misconduct, stalking, and intimate partner violence.

(B) Eligibility. This administrative policy shall apply to all students, faculty, staff, independent contractors, guests, visitors, applicants, university departments and programs, and university recognized student organizations. It shall apply to all incidents occurring on any of the university's campuses or centers (including international locations), university events off campus, and any incidents occurring off campus that involve both a student or employee as the alleged victim and a student or employee as the accused.

(C) Definitions.

(1) Gender based discrimination. Title VII, Title IX, Chapter 4112. of the Revised Code, and rule 3342-5-16 of the Administrative Code, prohibit unlawful discrimination on the basis of gender or sex. All persons are protected from unlawful discrimination.

(a) Pregnancy. Unlawful gender discrimination includes, discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Students seeking an accommodation based upon pregnancy may contact the student ombuds and/or the Title IX coordinator. Employees seeking an accommodation based on pregnancy should contact the Title IX coordinator.

(b) Gender Identity. Unlawful gender discrimination includes discrimination based on an individual's gender identity or non-conformance to gender stereotypes. Sexual orientation is protected under rule 3342-5-16 and investigated under rule 3342-5-16.1 of the Administrative Code. However, regardless of an individual's actual or perceived sexual orientation, discrimination and harassment based on a person's gender identity, or non-conformity to stereotypes associated with a particular gender, is prohibited and may be investigated under this policy. This includes discrimination based on an individual's transgender identity.

(2) Gender/sexual harassment. Sexual harassment is a form of unlawful gender discrimination and is defined as unfavorable or unwelcome treatment, made without consent and based on a person's gender or sex, that is severe or pervasive and has the purpose or effect of unreasonably interfering with an individual's employment or academic performance or creates an intimidating, hostile or offensive working, academic or university environment. Sexual harassment includes, but is not limited to:

(a) Verbal and/or physical behavior including, but not limited to: sexually explicit jokes, insults, and taunts; obscene gestures; offensive pictorial, written, and electronic communications; and unwelcome touching.

(b) Any of the conduct described in paragraphs (C)(1) to (C)(5) of this rule used by an individual implicitly or explicitly as the basis for employment, administrative, or academic decisions (including submission to or rejection of any such conduct), is considered sexual harassment.

(3) Stalking. Stalking is behavior commonly associated with gender-based harassment and violence, and is therefore prohibited by the university gender discrimination policy. Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety, fear for the safety of others, or suffer substantial emotional distress. For the purposes of this definition:

(a) Course of conduct is defined as two or more acts, including, but not limited to, acts in which the stalker directly indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, threatens, or communicates to or about, a person, or interferes with a person's property.

(b) Substantial emotional distress is defined as significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

(c) Reasonable person means a reasonable person under similar circumstances and with similar identities to the alleging party.

(4) Sexual misconduct. Sexual misconduct is a form of gender/sexual harassment, and therefore considered unlawful gender discrimination. Sexual misconduct includes:

(a) Any intentional sexual touching, however slight, with any body part or object, by a person upon a person, that is without consent;

(b) Sexual exploitation, defined as taking non-consensual or abusive sexual advantage of another for one's own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, if that behavior does not otherwise constitute another sexual misconduct offense. This Such actions would include, but not be limited to, videotaping or recording of a sex act; allowing an observer to a sex act, unknown to one party; or exposing one's genitals in non-consensual circumstances;

(c) Knowingly transmitting a sexually transmitted infection or disease through sexual contact without consent;

(5) Intimate partner violence. Intimate partner violence is behavior commonly associated with gender-based violence, and is therefore prohibited by the university gender discrimination policy. Intimate partner violence includes:

(a) Domestic violence. Acts of violence or intimidation committed by a current or former spouse 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, or by any other person against an adult or youth victim who is protected from that person's acts by law.

(b) 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 the reporting party's statement and with consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

(6) Consent. Consent is defined as the voluntary, unambiguous agreement to participate in an act, the nature of which is known to and understood by the consenter. Consent may be given verbally or nonverbally and may be withdrawn at any time before completion of the 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.

(7) Title IX coordinator. The Title IX coordinator is the university administrator responsible for overseeing the implementation of Title IX regulations, the enforcement of this policy, and all gender discrimination, gender/sexual harassment, and sexual misconduct, stalking and intimate partner violence investigations. Any claims of gender discrimination, gender/sexual harassment, sexual misconduct, stalking or intimate partner violence brought by employees will be investigated in accordance with both Title VII and Title IX regulations.

(a) Title IX deputy coordinators. The Title IX coordinator may deputize their authority to investigate complaints brought under this policy to deputy coordinators. Deputy coordinators will be trained specifically to investigate such complaints. The Title IX coordinator, as well as the deputy coordinators, may work with other employees in various departments and campuses, (including affirmative action facilitators), in conducting an investigation, but the coordinator and/or deputy coordinator is ultimately responsible for each investigation.

(b) Training. The Title IX coordinator will be responsible for ensuring that annual training regarding investigations under this policy is received by: all Title IX deputy coordinators and the coordinator; all student conduct hearing officers who will be hearing cases pertaining to this policy; and all administrators who will be hearing appeals under this policy. The Title IX coordinator is also responsible for providing regular training opportunities for the university community regarding reporting violations described within this policy.

(c) Contact information. The Title IX coordinator may be contacted at the following: Title IX coordinator, office of equal opportunity and affirmative action, division of human resources, heer hall, 635 loop ltd., Kent, OH 44242-0001. Phone: (330) 672-2038, email: aa_eeo@kent.eduhttp://www.kent.edu/hr/aa/titleix.cfm.

(D) All employees of the university are required to report all instances of gender/sexual harassment, sexual misconduct, stalking, and intimate partner violence to the Title IX coordinator or a deputy coordinator, except as excluded below. All other members of the university community are encouraged to report any gender discrimination, gender/sexual harassment, sexual misconduct, stalking, or intimate partner violence that they experience, witness, or of which they are made aware.

(1) University medical services. If a victim of sexual misconduct informs university medical services, the medical personnel are not required to report details of incidents to the Title IX coordinator/deputy if doing so would violate patient confidentiality. However, a duty may exist to report such incident to the appropriate law enforcement agency.

(2) University psychological services. If a victim of sexual misconduct seeks the services of any psychological service of the university, the services' licensed counselors and their unlicensed trainees are not required to report details of incidents to the Title IX coordinator/deputy if doing so would violate patient confidentiality. However, a duty may exist to report such incident to the appropriate law enforcement agency.

(3) The Revised Code requires all felony crimes, which includes most cases of sexual assault and some cases of intimate partner violence, to be reported to the appropriate law enforcement agency. Due to this law, university employees (with the exclusion of licensed counselors and unlicensed counselor trainees acting in their capacity as such) are required to report to the appropriate law enforcement agency information brought to their attention concerning such occurrences.

(4) University departments may create individual reporting structures to facilitate prompt reporting and adequate response; however, all reports must ultimately be provided to the Title IX coordinator or deputy coordinators as quickly as possible. Any such departmental reporting structure must be documented and publicized within the department, as well as shared with the Title IX coordinator and deputy coordinators.

(E) Implementation.

(1) All reports of gender discrimination, gender/sexual harassment, sexual misconduct, stalking, or intimate partner violence must be investigated by the Title IX coordinator/deputy coordinators. This administrative investigation is separate from any other investigations, including investigations by law enforcement.

(2) The university will keep all information pertaining to the investigation as confidential as possible. If the complainant requests that their information not be shared with the accused, the university will honor such a request in so far as is compliant with the law. However, such a request may limit the extent to which the university is able to investigate and respond to the complaint. If the complainant wishes to file a formal complaint with the university, the complainant's name and any written statements submitted will be disclosed to the accused. If the university determines that the safety of the community is at risk, certain confidential information may need to be shared in order to protect the university community.

(3) As described , some complaints will require reporting to the appropriate law enforcement agency. There are times when the law enforcement agency may investigate the same complaint as the university. The law enforcement agency may ask the university to suspend its investigation while they commence their investigation. If this occurs, the university will inform the complainant and accused when the investigation is suspended, and when it resumes. At all times, a complainant has a right to independently file a complaint with any applicable law enforcement agency or outside enforcement agency. Such agencies include, but are not limited to, the Ohio civil rights commission (employees), the equal employment opportunity commission (employees), and the department of education, office of civil rights (employees and students). The timeline is based on the alleged act or the discovery of the alleged act. However, it is recommended that the complainant first exhaust the internal complaint procedures.

(4) Amnesty. All students are expected to report violations described in this policy. If a student who reports or who serves as a witness for such an incident is also in violation of another policy (such as a drug or alcohol offense) in conjunction with the incident, amnesty will be considered by the staff in the office of student conduct, and granted at their discretion, depending on the nature of the offense and the circumstances surrounding the incident.

(F) Investigation process and remediation.

(1) Informal Investigation. Once the Title IX coordinator or deputy is made aware of an alleged violation, an informal investigation will begin and remedial measures may be taken to limit the effects of the alleged harassment or misconduct and prevent its reoccurrence. If the alleged victim is known and willing to participate, they will be made aware of any remedial measures available to them through the university, law enforcement, and community assistance, such as medical and counseling services.

(a) Interim remedial measures may include, but are not limited to: changes in housing assignments, changes in course scheduling, alternative employment conditions, no contact orders, and other measures specifically calculated to remediate any harassment. Interim measures will only occur with the consent of the alleged victim.

A "no contact order" may be issued by the vice president for enrollment management and student affairs, or their designee, in accordance with the code of student conduct if the accused is a student, or by the Title IX coordinator, or their designee, if the accused is an employee. No contact orders must be issued in writing, with notice to both parties, and in conjunction with a formal complaint. Such orders are imposed when the university has reasonable cause to believe that the interaction of two people may pose a risk to the safety or well-being of those involved or others in the university community. Under the terms of such an order, both the parties are prohibited from communicating with each other. This pertains to direct contact and all forms of communication, including but not limited to email, social networking sites, phone, instant messaging, and any contact through third parties. A violation of such order may result in conduct and/or criminal charges. All parties have the option of pursuing a protective order from a court of relevant jurisdiction at all times. A no contact order may be valid pending the outcome of the investigation, the conclusion of the hearing process (if applicable), or for a time period specified by the issuer in the order.

(b) Mediation. In cases of gender discrimination or gender/sexual harassment, (but not sexual misconduct, stalking, or intimate partner violence), an informal mediation of the parties may be arranged, with permission of both parties, by the Title IX coordinator/deputy coordinator. During such a mediation, the parties will meet with an impartial mediator to discuss the alleged discrimination or harassment. The expectation of such a mediation is that both parties will attempt to come to an equitable resolution of the situation. Participation in mediation is completely voluntary by both parties, and consent to participate may be withdrawn at any time. Participation in a mediation does not begin a formal investigation by the university, but the alleged victim may request a formal investigation at any time. A successful mediation will result in a signed agreement between the parties, will close the university's investigation, and the matter will be considered resolved.

(2) Formal investigation. Generally, the alleged victim's express consent will be requested to conduct a formal investigation. Such consent should be provided in writing. In cases of perceived threat to the university community, the alleged victim's consent will not be required to conduct a formal investigation.

(a) Once a complainant gives the university consent to formally investigate, the Title IX coordinator or a deputy coordinator will investigate the complaint. This investigation may involve interviews with the complainant, accused, and possible witnesses, as well as information collection. Both the complainant and accused will be notified of the opening of the formal investigation, and both may suggest witnesses to interview or other evidence to review. Both the complainant and accused may bring a person of their choosing to accompany them through the interview process. This person may attend the interviews, but may not participate.

(b) A formal investigation will be completed within sixty days after a formal complaint with consent to investigate is submitted to the Title IX coordinator or a deputy coordinator. If more time is required to complete the investigation, the complainant and accused will be notified of such in writing.

(c) Student conduct. If the accused is a student, a formal complaint will initiate an investigation as described above and may result in a student conduct hearing. This process is contained in the code of student conduct. Both the complainant and accused are entitled to:

(i) Logistical accommodations to participate outside of the hearing room during the proceeding;

(ii) Equal and timely access to information that will be considered by the hearing panel in making its decision;

(iii) Bring a person of their choosing to accompany them during the hearing. This person may attend the hearing, but may not participate;

(iv) Bring witnesses to provide information during the hearing;

(v) Ask questions of the Title IX coordinator or deputy coordinator regarding the investigation of the complaint. Information gained during the investigation may be shared at the hearing.

(d) When the formal investigation is complete, the findings will be shared in writing with both the complainant and the accused.

(i) If the accused is a student, the results of the student conduct hearing will be shared in writing with both the complainant and accused within five business days. The hearing panel will use a preponderance of the evidence standard in making its determination (i.e. it is more likely than not that the offense occurred, based on the evidence presented.) These results are to be considered the written findings of the investigation. Sanctions may include, but are not limited to: warning, probation, campus access restrictions, counseling assessment referral, reflection assignment, monetary penalty, no contact order, suspension, dismissal, or others as deemed appropriate and as outlined in the code of student conduct.

(ii) If the accused is a university employee or university department, a report of the investigation findings, including recommended sanctions, will be shared with the complainant and accused, as well as the applicable supervisory area to ensure that the university responds appropriately. A preponderance of the evidence standard will be used in determining the findings. Sanctions will be recommended to the applicable supervisor or supervisory area and may range from mandated training to separation from the university. Any determined sanctions against the accused and affecting the complainant will be shared with the complainant prior to implementation by the university department. The responding department shall, in a timely fashion, advise the Title IX coordinator or Deputy what sanctions will be implemented and report on the progress of implementing the sanctions.

(a) Student organizations. If the accused is a university recognized student organization, the matter will initially be investigated following the procedure in this policy for university departments. The center for student involvement will be consulted as the appropriate supervisory area. Depending upon the circumstances involved, the investigation may result in a student conduct hearing as well, involving representation from the student organization's identified executive board/leaders. If held, a student conduct hearing will be conducted in accordance with the procedures provided for in this policy, as well as the code of student conduct. Sanctions may include, but are not limited to, mandated training, activity limitation, campus access restriction, and removal of university recognition. If it is determined that individuals from the student organization may have violated university policy, they may be required to separately go through the student conduct process in an individual capacity.

(iii) If the accused is not a current student, current employee, recognized student organization, or university department, a determination proceeding will be held, pursuant to rule 3342-5-12.7 of the Administrative Code. A decision will be made based on a preponderance of the evidence standard and shared with the complainant and accused, in writing, within five business days of the completion of the proceeding. Sanctions may include restrictions on the accused's ability to visit campus, including an order that the accused is no longer permitted on campus, in accordance with rule 3342-5-12.7 of the Administrative Code.

(3) If at any time during or after the completion of the investigation the investigator finds that the university was not acting in accordance with its policies or procedures, or that its policies or procedures need to be revised to prevent the occurrence of discrimination or harassment, steps will be initiated by the Title IX coordinator to promptly remedy the situation.

(4) Appeals process.

(a) If the accused is a student or a recognized student organization, and a student conduct hearing has been held, the decision may be appealed by either the complainant or the accused in accordance with the student conduct appeals procedure contained in the code of student conduct.

(b) If the accused is a university employee, university department, or recognized student organization (that has not been before a student conduct hearing panel on this matter), the results of the investigation may be appealed in writing within fifteen business days to the Title IX coordinator if the investigation was conducted by a deputy coordinator, or the vice president of human resources if the investigation was conducted by the coordinator. A decision regarding the appeal will be provided in writing to the complainant and accused within thirty days after the appeal is submitted.

(c) If the accused is not a current student, current employee, recognized student organization, or university department, a request for review of the determination proceeding decision may be made to the vice president for enrollment management and student affairs in accordance with rule 3342-5-12.7 of the Administrative Code. A final decision will be made and shared with the complainant and accused, in writing, within thirty days after the appeal is submitted.

(5) Retaliation. Kent state university prohibits retaliation against any individual who participates in a complaint of a violation described in this policy, pursuant to rule 3342-5-16 of the Administrative Code.

(6) Complaints are to be made in good faith. If the Title IX coordinator or deputy coordinator determines that a complainant knowingly falsely accused another of a violation described in this policy, appropriate sanctions will be recommended against the complainant if they are an employee. If the complainant is a student, charges may be pursued through the office of student conduct. Where applicable, charges may also be brought through local law enforcement.

Replaces: 3342-5-16.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 4/29/1993, 8/26/1998, 6/1/2007, 5/22/2000, 6/5/2012, 5/19/2014

3342-5-17 University policy regarding study abroad and other international travel.

(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 university's 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 university's 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 program's 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 university's 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 student's 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 university's 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.

Effective: 1/12/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 01/03/2014, 3/1/2015

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.

Replaces: 3342-5-18

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 01/13/2014

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 university's 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 driver's 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 minor's 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 sheriff's 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.

Replaces: 3342-5-19

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 04/01/2014

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 university's 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."

Replaces: 3342-6-21.4

Effective: 6/17/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01, 3341.04
Rule Amplifies: 3341.04
Prior Effective Dates: 6/12/2003, 6/1/2007, 3/1/2015

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.

Replaces: 3342-5-12.8

Effective: 7/1/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 12/17/1993, 5/5/1994, 10/3/2005, 2/12/2007, 6/1/2007, 3/1/2015

3342-5-22 University policy regarding deadly weapons.

(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.

Replaces: 3342-5- 12.13

Effective: 11/1/2016
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04 , 3345.21
Prior Effective Dates: 7/04/2008, 3/1/2015