This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3342-6-01 | University policy regarding employment.
(A) Policy statement. The vice president for human resources is responsible for the development, implementation, and enforcement of the employment policies and practices at Kent state university, as delegated by the president. The vice president may delegate to the appropriate staff the authority to assist in the execution of these responsibilities. (B) Employee code of conduct. Every employee of Kent state university is required to comply with the policies and guidelines established for employees, as well as applicable local, state, and federal laws. Therefore, the following are expected of each individual employee: (1) To maintain a professional demeanor. Each Kent state university employee will exhibit a high degree of maturity and self-respect and foster an appreciation for other cultures, one's own cultural background, as well as the cultural matrix from which Kent state university exists. Also, each will adhere to the lawful instructions and orders of their supervisors and other university officials who are performing duties within their official capacities. (2) To respect the dignity and well being of others. Each employee of Kent state university will demonstrate respect for all campus and external community members. Therefore, to purposely threaten, accost, demean, or to engage in gender, sexual or religious harassment, use vile, obscene or abusive language or exhibit lewd behavior, to be under the influence of alcohol or a drug of abuse while performing employment responsibilities is prohibited. Also, to be involved in the possession, use, distribution of and sale of illegal drugs is strictly prohibited. Deadly weapons, unless authorized by law, are also strictly prohibited. (3) To respect and safeguard the rights and property of others, and to better provide for the safety and security of each person, each employee of Kent state university will be subject to all applicable local, state and federal laws and to all applicable provisions listed as part of university policy register. Therefore, individuals found in violation of local, state, federal laws or university policies are subject to disciplinary action which could include dismissal from the university. (4) To prohibit discrimination, while respecting the differences in people, ideas, and opinions. Each employee of Kent state university will support equal rights and opportunities for all. (5) To practice personal and professional integrity, and to discourage all forms of dishonesty, deceit, and noncompliance to the code of conduct.
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Rule 3342-6-01.1 | Administrative policy and procedure regarding grievances of nonteaching unclassified and unrepresented classified staff.
(A) Purpose. The purpose of this policy is to secure equitable solutions as quickly as possible to complaints that may arise relative to the working conditions of university employees. Members of the faculty have other grievance resolution machinery available and are excluded from this policy. (B) Definitions. (1) Employee. For the purposes of this policy, the term "employees" is defined as unclassified administrative and professional staff members and unrepresented classified civil service appointees. (2) Grievance. A "grievance" is defined as a claimed violation of a specified university regulation, policy, or procedure. Generally, it is expected that a grievance can be resolved at the point at which it arises. This means that the aggrieved employee and his immediate supervisor should attempt to settle the issue, with the right to appeal to a higher level exercised only after it is determined that mutual satisfaction cannot be reached. Consequently, every effort should be made to settle the grievance on the spot, on its merits, and with minimal delay. (C) Eligibility. This policy may be utilized by nonteaching unclassified and unrepresented classified staff. Under the Revised Code, certain classified civil service employees may appeal certain actions of the appointing authority to the state personnel board of review. Included are such matters as job abolishment, reduction in pay or position, layoff, suspensions in excess of three working days, discharge, and job classification. Actions which may be appealed to the state personnel board of review are not subject to appeal under this grievance procedure. If, however, an appeal is filed in a timely manner and that board denies jurisdiction, a grievance may be initiated at step three of this local grievance procedure. (D) Implementation. (1) General. (a) It is the right of every employee to use the prescribed grievance machinery without fear of reprisal. The manager of employee relations is available to render guidance and assistance concerning the grievance procedure to be followed. (b) It is the policy of the university to afford its employees the right to have assistance form a fellow employee in attempting to settle a grievance with a supervisor or department head after the employee and his or her supervisor have failed to reach a satisfactory solution in their initial discussion. (c) It is further the policy of the university to recognize the right of the employee to have additional representation at conference held at the personnel office level and above. (d) Reasonable administrative time-off shall be permitted for aggrieved employees of the university and fellow employees who assist in presenting a grievance. (2) Time limits. (a) It is important that complaints and grievances be processed as quickly as possible at each administrative level. The number of days indicated herein at each level shall be considered the maximum. Every effort should be made to expedite the process and to render a decision as quickly as possible. The time limits specified may, however, be extended by agreement between the university and the employee. A grievance will be acted upon provided the employee submits it in writing within ten working days of the occurrence or discovery of the complaint or grievance. (b) The phrase "working days" as used in this policy means days exclusive of holidays and days the employee may be on authorized vacation, sick leave, or absence. (c) Failure of the grievant to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further action or appeal. Failure of the university to render a decision on a grievance within the specified time limits shall permit its appeal by the grievant to the next step. (E) Procedural steps. (1) Employee and immediate supervisor. (a) The aggrieved employee shall take the matter up with his or her immediate supervisor at the "earliest possible moment," which is defined herein as not exceeding ten working days from the occurrence or discovery of the complaint or grievance. (b) In the event the problem is not resolved at this informal level, the employee may prepare a formal written grievance, accurately stating the nature of the grievance and a suggested solution. (c) The formal grievance as filed by the grievant shall be submitted on the university employee complaint form. (d) The formal grievance should be signed and presented to the supervisor. This must be done within three working days after the final discussion with the supervisor. (e) The supervisor shall promptly record the decision which he or she has rendered and sign the form as indicated. Copies of the grievance and the supervisor's decision shall be distributed within three working days in the manner indicated on the form. (f) In organizational situations where the immediate supervisor and the department head are the same person, the grievance mechanism will begin with paragraph (E)(2) of this rule. (2) Employee and department head. (a) If the aggrieved employee is not satisfied with the decision of the immediate supervisor, the employee may, within five working days of such decision, file a written appeal with the department head. (b) On receipt of the formal written appeal, the department head shall meet within five working days with the grievant to discuss the facts of the grievance in an effort to effect a settlement. After considering the facts presented, the department head shall give his or her decision in writing within three working days of the meeting. (c) Should a group of employees within a department have a grievance, the department-head phase shall become the first step in the employee grievance procedure. (d) In the event the grievant is employed in an administrative position at the department-head level or above (including academic chairpersons and directors), the grievance shall be presented to the grievant's immediate superior and is subject to appeal only to the next higher organizational level beyond that superior. Administrative grievances of this type are not subject to the step three and step four provisions of the procedure that provide for personnel department review and impartial arbitration. (3) Employee and manager of employee relations. (a) If the aggrieved employee is not satisfied with the decision of the department head, the employee may appeal the grievance to the manager of employee relations within five working days after receipt of the second-step decision. The manager of employee relations or designated representative will make an investigation of the complaint and, if necessary, hold a meeting with the employee and the employee's representative, if any. The manager of employee relations may determine that attendance of the supervisor, department head, or other management officials would be helpful in resolving the complaint. Upon completion of the investigation, the manager of employee relations will give the grievant a written decision. (b) If a grievance is not appealed within ten working days after receipt of such decision, the grievance will be considered settled and will not be subject to further appeal and/or review.
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Rule 3342-6-01.2 | Administrative policy regarding flexible work arrangements.
(A) Policy statement. Kent state
university recognizes that providing employees with workplace flexibility
increases their efficiency and promotes more effective use of available
resources. Where possible, it is the position of the university to encourage
flexible scheduling insofar as such scheduling does not adversely affect the
services provided to the university community, or the efficient and effective
operation of the university itself. Flexible work arrangements are a benefit
and privilege and may be structured in different ways that are best for the
specific department and job role. Flexible work arrangements shall not affect
an employees eligibility for recognition and promotion. (B) Eligibility. This policy shall apply
to eligible full-time unclassified employees and full-time, non-represented
classified employees on all Kent state university campuses. Any flexible work
arrangements covering represented employees require further discussion between
relevant administrators and union leadership. This policy shall not apply to
student employment under rules 3342-6-25 and 3342-6-25.1 of the Administrative
Code. (1) Not all positions are
eligible for flexible work arrangements and all flexible work arrangements are
at the discretion of the employees supervisor. (2) To be eligible for
flexible work arrangements, employees must meet the following requirements:
(a) Successfully completed their probationary period if
applicable, and (b) Has been deemed satisfactory on the latest performance
review and has continued to perform satisfactorily. (3) All flexible work
arrangements require written approval from the supervisor, or designated
approver, prior to commencement. Failure to seek written approval of the
supervisor shall result in immediate termination of the flexible work
arrangement and may result in disciplinary action. (4) Flexible work
arrangements are not intended to be used as an alternative to, or in
conjunction with, leave as provided for in Chapter 3342-6 of the Administrative
Code. (C) Definitions. (1) Flexible work
arrangement. Alternative work arrangements that vary from the normal university
full-time work schedule (forty hours per workweek). Such flexible work
arrangements are limited to the following options: (a) Compressed workweek. A schedule where the total number
of hours expected to work each week are conducted in less than five full
workdays. (b) Alternative arrival/departure time. An arrangement that
permits a variation from the employees core hours in starting or
departure times but does not alter the total number of hours worked in a week.
(c) Extended lunch duration. An arrangement that allows
employees to extend the duration of their lunch break (maximum one-hundred
fifty minutes per week) but does not alter the total number of hours worked in
a week. To accommodate this type of flex time, employees must make up these
hours by arriving earlier or departing later and/or shortening the duration of
their lunch break on other work days. (D) Implementation. (1) Flexible work
arrangements must meet the needs of the university, the employing area, and the
position and require collaboration and consensus by both the employee and the
immediate supervisor. Supervisors should consider the impact on the unit and
other units workload and productivity; other faculty, staff, students
and other members of the university community; cost; and business needs.
(2) Flexible work
arrangements shall not: materially change the duties of the position; adversely
affect the academic and administrative services provided to students, faculty,
and staff; and shall be structured to maintain the equivalence of a full-time
work schedule (i.e. do not reduce the number of total hours worked in a week).
(3) Flexible work
arrangements shall be administered consistently within each area and across the
university to the extent possible. (4) Flexible work
arrangements are not guaranteed and may be revised or discontinued for any
reason at any time by the supervisor. The approval, denial, revision or
discontinuation of all flexible work arrangements must be in writing with a
copy provided to the employee. A copy of all approved flexible work
arrangements shall also be retained in the employees personnel file.
(5) The vice president
for human resources is responsible for the development, implementation,
communication and training of the operational policies and procedures necessary
to establish flexible work arrangements at Kent state university. The vice
president for human resources shall also be responsible for revising such
policies and procedures as necessary.
Last updated July 30, 2021 at 3:05 PM
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Rule 3342-6-01.3 | Administrative policy regarding telecommuting.
(A) Policy statement. Kent state
university is a workplace that values the in-person experience, supports a
student-first focus and emphasizes a sense of belonging for all students,
faculty, staff and other stakeholders. This is best achieved through
collaborative communities within units, departments, divisions and across all
Kent state campuses. Any arrangements involving telecommuting should be guided
by what is best for students. Also, these must meet the operational needs of
the unit involved and of the overall university. (B) Eligibility. This policy shall apply
to eligible full-time unclassified employees and full-time, non-represented
classified employees on all Kent state university campuses. Any telecommuting
arrangements covering represented employees require further discussion between
relevant administrators and union leadership. The policy shall not apply to
student employment under rules 3342-6-25 and 3342-6-25.1 of the Administrative
Code. (1) Not all positions are
eligible for telecommuting and any such arrangements must be approved by the
supervisor with the oversight of the applicable dean or vice president.
(2) As a general matter,
telecommuting arrangements must be limited to no more than twenty per cent of
any division/units staff so that on any given day at least eighty per
cent of employees are working on campus in person. (3) Among other things,
to be eligible for telecommuting, employees must meet the following
requirements: (a) Successful completion of any applicable probationary period,
and (b) Have been deemed satisfactory on the latest performance
evaluation, with continuing satisfactory performance thereafter. (4) All telecommuting
arrangements, or exceptions to requirements, must have written approval from
the supervisor and division vice president, or designated approver, prior to
commencement. (5) Telecommuting
arrangements are not intended to be used as an alternative to, in conjunction
with, of as a replacement for leave as provided for in Chapter 3342-6 of the
Administrative Code. (C) Definitions. Telecommuting is an
arrangement of two weeks or longer that involves the completion of a portion or
all of the forty-hour workweek from a location off campus. (D) Implementation. (1) Telecommuting work
arrangements must meet the needs of the university, the employing area, and the
position and require collaboration and consensus by both the employee and the
immediate supervisor. Supervisors should consider the impact on the unit and
other units workload and productivity; other faculty, staff, students
and other members of the university community; cost; and business needs.
(2) Telecommuting work
arrangements shall not: materially change the duties of the position; adversely
affect the academic and administrative services provided to students, faculty,
and staff; and shall be structured to maintain the equivalence of a full-time
work schedule (i.e. do not reduce the number of total hours worked in a week).
(3) Telecommuting work
arrangements are not guaranteed and may be revised or discontinued for any
reason at any time by the supervisor. The approval, denial, revision or
discontinuation of all telecommuting arrangements must be in writing with a
copy provided to the employee. A copy of all approved telecommuting
arrangements shall also be retained in the employees personnel file.
(4) Telecommuting work
arrangements shall be in compliance with university technology and data
policies in Chapter 3342-9 of the Administrative Code. (5) Employees must have a
dedicated workspace to perform their work. The university shall not be
responsible for any costs or expenses accrued by the employee during periods of
telecommuting (e.g., internet, utilities, insurance, equipment). An employee
engaging in telecommuting must be available during normal hours of operation
for meetings, assignments and routine communications as if the employee was
present on campus. Moreover, employees may be required to attend in-person
meetings and activities as appropriate at their own commuting expense.
(6) The vice president
for human resources is responsible for the development, implementation,
communication and training of the operational policies and procedures necessary
to establish telecommuting at Kent state university. The vice president for
human resources shall also be responsible for revising such policies and
procedures as necessary. (E) Application procedures. (1) Upon approval for
telecommuting at the departmental/unit level, the employee must initiate the
formal request form for telecommuting to human resources. The formal request
form must be executed and signed off by the employee and their supervisor prior
to commencing telecommuting and will remain in effect until action is taken to
revise or terminate the arrangement. (2) If a telecommuting
arrangement is being terminated at the request of the employee or supervisor,
the employee will initiate a telecommuting termination form to reflect that the
employee has resumed their usual, on-campus work location. The termination form
will be retained in the employees personnel file.
Last updated July 27, 2023 at 8:49 AM
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Rule 3342-6-02 | University policy regarding equal opportunity.
(A) Equal opportunity
policy. (1) In academic and
student programs. It is the policy of this university that there shall be no
unlawful discrimination against any student or applicant for admission as a
student because of age, race, color, religion, gender, sexual orientation,
national origin, disability, military or veteran status. Such policy shall
apply to, but not necessarily be limited to, the following: recruiting,
admission, access to programs, financial aid, and social, recreational and
health programs. This policy shall be applicable to all campuses and units of
the university. This policy also shall apply with reference to discrimination
on the basis of age insofar as required by law. (2) In employment. It is
the policy of this university that there shall be no unlawful discrimination
against any employee or applicant for employment because of age, race, color,
religion, gender, sexual orientation, national origin, disability, military or
protected veteran status. Such policy shall apply to, but not necessarily be
limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or
other compensation; and selection for training, including apprenticeship. This
policy shall be applicable to all campuses and units of the university. This
policy also shall apply with reference to discrimination on the basis of age
insofar as required by law. (B) Implementation of policy with respect
to employment. (1) There shall be
promulgated and maintained, under the authority of the president of the
university, executive vice president for academic affairs and provost, and the
senior vice president for finance and administration pursuant to this equal
opportunity policy, an affirmative action plan. Full achievement of equal
opportunity shall be deemed a major effort of the university, and the
affirmative action plan shall be the principal official arrangement, as to
organization, methods and procedures, whereby the university shall pursue that
effort in employment. (2) The affirmative
action plan shall include, but not necessarily be limited to, nondiscrimination
provisions of general application to all employees and applicants for
employment, including nondiscrimination provisions applicable to age, race,
color, religion, gender, sexual orientation, national origin, disability,
military status, or veteran status. Such provisions of general application
shall reflect and pursue the central purposes and provisions of relevant laws
and regulations of the United States, and of the state of Ohio. Such provisions
of general application shall include, but not necessarily be limited to, the
following: (a) Establishment of responsibilities for conduct and
monitoring of the university's affirmative action program. (b) Internal and external dissemination of the
university's equal opportunity policy and affirmative action
plan. (c) Workforce analyses; analyses of major job groups;
appraisal of labor force utilization; and annual reports of
progress. (d) Development and pursuit of goals and timetables, which
could reasonably be attained through good faith efforts. (e) Equal opportunity of access by employees to educational
and training programs for advancement of occupational and professional
qualifications. (f) Application of the university's equal opportunity
policy in all employment actions. (g) Design and implementation of appropriate audit and
reporting systems. (h) Provisions for notice, verification and reporting, as
may be required by law regarding equal opportunity policies and practices of
unions, contractors, and vendors having dealings with the
university. (i) Provisions for resolution of complaints and
grievances. (3) The affirmative
action plan shall further include nondiscrimination provisions of special
application to individuals with disabilities, and to protected veterans. Such
provisions of special application shall reflect and pursue the central purposes
and provisions of relevant laws and regulations of the United States, of the
state of Ohio, and of this university, which have special application to
equality of opportunity for those who are disabled, for veterans with
disabilities, and for veterans of the Vietnam era. Wherever provisions of
general application can have application, they shall apply, provided: that
where such provisions of special application exist and are relevant, they shall
prevail. (4) The university shall
publish and shall update and republish, from time to time, a publication
titled, "affimative action plan." Such publication shall include, but
not be limited to, the equal opportunity policy which is in effect; the
university president's dear colleague letter regarding equal opportunity
and affirmative action, the executive summary by the vice president of human
resources; the full text of the affirmative action plan which is in effect;
and, for further guidance of all employees, an appendix. The appendix shall
include but not be limited to, applicable forms and procedures utilized in all
elements of the affirmative action plan, paragraphs (B)(2)(a) to (B)(2)(h)(i)
of this rule; relevant provisions found elsewhere in the university register
and the Administrative Code; unit goals and timetables currently in effect; and
forms, examples and processes of record-keeping and reporting. The office of
compliance, equal opportunity and affirmative action (or designee) shall have
primary responsibility for preparation of this publication and for its
dissemination to all unit heads and its availability to employees and
applicants for employment.
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Rule 3342-6-02.1 | Administrative policy and plan regarding affirmative action.
(A) Policy statement. This affirmative action plan is adopted, and shall be maintained and implemented, pursuant to paragraph (B) of rule 3342-6-02 of the Administrative Code, and of this register, the equal opportunity policy promulgated by the board by resolution of October 4, 1979. (B) Establishment of responsibilities for conduct of the affirmative action program. (1) The president of the university, as chief executive officer, shall have overall responsibility for effective implementation of this affirmative action plan and shall exercise general oversight of such implementation. (2) The vice president for human resources shall have special responsibility in the implementation of this affirmative action plan, and shall assure pursuit of the president's instructions in the interest of effective implementation. (3) The office of affirmative action in the division of human resources and under supervision of the vice president for human resources shall be the principal administrative office for effective implementation of this affirmative action plan throughout the university. Responsibilities of the office of affirmative action shall include the following: (a) Provisions, for benefit of all departments of the university, of professional expertise in the appropriate and lawful techniques of affirmative action; in current developments in the field of affirmative action; and in the requirements of law governing affirmative action. (b) Provision of the specific staff services hereinafter required, including dissemination of policy; work force and major job group analyses; ascertainment of availability of women, members of minority groups, persons with disabilities, disabled veterans, and veterans of the Vietnam era, for possible employment, promotion or transfer; analyses of the utilization of women, members of minority groups, persons with disabilities, disabled veterans, and veterans of the Vietnam era; design and implementation of appropriate audit and reporting systems; participation as hereinafter provided in the resolution of grievances and complaints; preparation of external reports and responses as may be required by law; and annual status and progress reports to the president. (c) Provisions of liaison, monitoring, and implementation services, in consultation with other departments of the university, including development and execution of action-oriented programs; development and pursuit of goals and timetables, as hereinafter provided; access to education and training programs whereby personnel might improve their capability of advancement in the university; application of the university's equal opportunity policy in all personnel actions; and verifications of policies and practices of unions, contractors, and vendors having dealings with the university, as may be required by law. (d) Procurement of reports from other units of the university, for purposes of auditing and reporting systems authorized elsewhere in this plan; and collation, publication, submission, and/or dissemination of contents of such reports, as may be required by laws, regulations, or university policies to ensure that the equal opportunity policy is carried out. (e) Individuals are encouraged to contact the office of affirmative action to obtain information concerning the university's equal opportunity and affirmative action policies and procedures. (4) There shall be a university diversity advisory council (UDAC) consisting of: the chair of each of the regional diversity advisory committees (seven); appointed representative of each college (six); representatives of each of the administrative divisions (five) human resources (office of equal opportunity and affirmative action), administration, university relations and development, information services, enrollment management and student affairs; one appointed representative of the faculty senate; and one student representative. The specific duties of the UDAC are set forth in its bylaws. The UDAC will meet at least three times during the academic year. (5) There shall be an affirmative action facilitator in each vice presidential division, designated by his or her respective vice president. Each such facilitator shall be responsible for liaison between the division and the office of affirmative action, and for dissemination of information and submission of reports to the director of the office of affirmative action and to the respective vice presidents. (6) Each unit head or administrator having supervisory responsibility, from the level of departmental chairperson or administrative unit director upward, shall be specifically responsible for implementation of the equal opportunity policy of the university, and of those elements of this affirmative action plan lying within the administrative purview of his or her unit, especially including but not limited to nondiscrimination in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; selection for training, including apprenticeship; and posting and other forms of dissemination of the equal opportunity policy and other appropriate information among personnel of the unit. (C) Internal and external dissemination of the equal opportunity policy and the affirmative action plan. (1) The substantive content of the equal opportunity policy, and such elements of the affirmative action plan as may be deemed appropriate, shall be posted continuously at each principal posting location in each building on each campus. In addition, so shall be posted all applicable federal and state civil rights posters, as required under law. (2) Each unit head or administrator having supervisory responsibility as identified in paragraph (C)(6) of this rule, shall be reinformed at least once each year of the equal opportunity policy; of the affirmative action plan and procedures pursuant thereto; and of any needed updating relative to such policy and plan. Each such unit head or administrator also shall inform each new employee of the equal opportunity policy and affirmative action plan. (3) The university's equal opportunity policy and affirmative action plan shall be published and generally disseminated in the university community; be republished and from time to time as necessitated by amendment or updating; and communicated so that employees can know of and avail themselves of its benefits. (4) The university's identity as an equal opportunity employer shall be imprinted upon all documents, publications, and advertisements having specific relevance to equal opportunity in employment or used in recruitment of employees. (5) The external communications program of the university shall include special efforts to inform the general public, unions, professional associations, and especially the potential sources of recruitment from among women, minorities, persons with disabilities, and veterans, about the equal opportunity policy and affirmative action program. (6) Communications will be maintained with minority, women, veterans, and vocational rehabilitation groups, making university opportunities known to them and seeking referrals from them. Referrals from these and other sources will be internally communicated and, insofar as is feasible, records of such referrals and their ultimate results will be kept and analyzed from time to time. Insofar as is feasible, university representatives will participate in community programs designed to publicize employment opportunities and will utilize such participation for dissemination of notice of opportunities in the university. (D) Annual reports of status and progress; work force analyses; analyses of major job groups; appraisals of labor force utilization. (1) The office of affirmative action shall compile and submit to the vice president for human resources annual reports of the status and progress of the program. (2) Report shall include, but not limited to, annual analyses of the university work force, and of major job groups, and of the utilization of the available labor force with special reference to women and members of minority groups who are qualified in terms of job-related position specifications in the university. Procedures in preparation of this annual report shall include, but not be limited to, the following: (a) Each department or unit shall detail the race, gender, and ethnic status of employees within all job titles in the department or unit, ranked from lowest paid to highest paid. (b) Utilizing labor-availability data provided by the office of affirmative action, each department or unit will present statistical analysis showing the rate of utilization of qualified women and members of minority groups in each major job group. (c) After compilation of departmental and unit data, university-wide, the office of affirmative action shall incorporate in the annual report an appraisal of the utilization of available qualified women and members of minority groups, university-wide, by major job groups, and by department or unit. (E) Development and pursuit of goals and timetables (1) Apart from the annual report of work force and job group analyses, but with benefit of data therein, the university shall maintain an annually updated set of goals and timetables for progress in affirmative action. (2) Recommended updated goals and timetables shall be developed by the director of the office of affirmative action and shall be subject to approval of the vice president for human resources. (3) Goals may not be rigid and inflexible quotas which must be met, but must be targets reasonably attainable by means of applying good faith effort to make all aspects of the entire affirmative action program work. (4) In establishing timetables to meet goals and commitments, the university will consider the anticipated expansion, contraction, and turnover in the work force, by the department or unit, by major job group, and university-wide. (5) The university, and each of its departments and units, will annually identify particular opportunity areas in which statistical experience shows special opportunity or need for improved affirmative action. Toward this end each department or unit head will consult with the director of the office of affirmative action, drawing upon recorded experience in personnel actions of the department or unit. (F) Equality of access to educational and training opportunities. (1) Subject to availability of resources, the university will provide training and educational programs for advancement of the qualifications of employees. Women, members of minority groups, persons with disabilities, disabled veterans, and veterans of the Vietnam era will be encouraged to avail themselves of such programs where applicable. (2) Availability of employee training and educational programs will be communicated by posting appropriate notices. (3) Eligibility requirements for participation in employee training and educational programs shall be related to the purposes and goals of such programs respectively, and shall not be designed to exclude or inhibit participation by women, members of minority groups, persons with disabilities, disabled veterans, or veterans of the Vietnam era. (G) Application of equal opportunity policy in all personnel actions. (1) Recruitment. (a) In all recruitment activities, effort will be made to attract numbers of candidates including qualified persons for whom equality of opportunity is especially sought by the equal opportunity policy, so that fair consideration can be given to them. As may be feasible, candidates will be sought from sources, institutions, or publications through which such qualified candidates might be expected to be located and informed of the job opportunities at all levels. (b) Human resources will serve as the central recruiting office for classified civil service employment and will apply the principles specified in paragraph (F)(1)(a) of this rule in recruitment of personnel into such employment and in referrals of candidates to appointing officers. (c) Other units, departments, and appointing authorities in the process of recruitment of non-classified civil service, faculty, and other contract personnel, will also apply the principles specified in paragraph (G)(1)(a) of this rule. (d) In order to maintain capability of evaluation of recruitment processes, records will be kept on the history of each recruitment, sufficient to indicate whether, in what manner, and to what extent the provisions of paragraphs (G)(1)(a), (G)(1)(b), and (G)(1)(c) of this rule have been pursued. Records will include, for each applicant, name, gender, race, religion, national origin, disability (optional), armed forces service, referral source, and disposition of application. These records shall be retained for a minimum of three years. (e) The university will regularly publish and widely disseminate throughout the internal university community, full information about current job opportunities in the university, so that all employees, including women, members of minority groups, persons with disabilities, disabled veterans, and veterans of the Vietnam era, as well as others, will have knowledge and therefore opportunity to compete for such announced positions. (2) Selection for employment. (a) Applicants for job openings will be considered on a basis of qualifications only as those qualifications relate to job related selection criteria. (b) Reasonable records will be kept on the history of each employment, sufficient to indicate whether, in what manner, and to what extent the principles specified in paragraph (G)(2)(a) of this rule have been applied. Such records will reflect, but not be limited to, the specific basis on which one candidate was offered appointment in reference to all others. Such records will include, with respect to each employment, a recruitment profile completed by the appointing unit in consultation with the director of the office of affirmative action. The recruitment profile will include or reflect the position description, application forms, interview processes and/or test administration, and final selection process. (c) All applications for regular positions will be retained for a minimum of three years. All applications for temporary positions will be retained for three years. From these and other sources, departments and the office of affirmative action will maintain files of potential candidates as a further resource for future recruitment, available to all units of the university. (d) The director of the office of affirmative action will monitor the flow of appointments and of their respective recruitment profiles, and will counsel officers of the university and department and unit heads, especially with reference to areas of operations where major opportunity for improvement or simplification of processes emerges. Job criteria will be reviewed as necessary to guard against invalid disproportionate rejection of candidates by racial or ethnic groups or by gender. (3) Job assignment. Candidates accepted for appointment will be assigned to positions for which they are qualified without reference to age, race, religion, color, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era. (4) Testing. (a) Applicants who are required to pass a test to be considered for employment, job assignment, transfer or promotion will be advised of the achievement requirements insofar as rigid requirements for passing are imposed, and will be informed of their test results. (b) Results of tests taken by persons hired will be recorded in each such person's file. (c) Tests and standards of passing shall not, inadvertently or otherwise, be such as to result in unlawful discrimination, and will be reviewed wherever evidence is found that such unlawful discrimination might be occurring. (5) Promotion. (a) Records shall be maintained, and updated annually, whereby the lateral and/or vertical movement of employees can be ascertained and evaluated with special reference to equality of opportunity for promotion. (b) Formal promotion procedures shall be maintained to ensure equality of opportunity for promotion. Promotion procedures for academic personnel shall be those specified by the board elsewhere in the official policies of the university. Bases for promotion of nonacademic employees shall include but not be limited to the employee performance record; the demonstrated qualification of the employee to perform successfully in the more advanced position; and also, as may be allowable under law and regulations, length of service. Policies and procedures governing promotion and tenure shall conform to the university's equal opportunity policy and shall be implemented pursuant to this affirmative action plan. Such policies and procedures shall be reviewed from time to time to this end. (c) Labor agreements between the university and unions or professional organizations, insofar as they apply to promotions as well as to other matters, shall conform to law both as to content and implementation. (6) Layoffs and terminations. (a) Unlawful discrimination shall not be the basis for layoff or termination of employment of any employee. (b) In the event of any substantial and necessarily planned reductions in force, the university will prepare such plans with reference to the equal opportunity policy, in addition to other factors; and all reasonable and lawful steps will be taken to assure that no layoff or termination occurs on a basis of age, race, religion, color, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era. As to persons covered under a collective bargaining agreement, the lawful terms of the agreement regarding layoff and termination shall prevail. (c) The director of the office of affirmative action will be available, upon employee request, to counsel affected employees as to appropriate and lawful steps whereby adverse effects upon the employee's occupational and economic security might be mitigated, insofar as personnel and other resources of the director's office can sustain such counseling. (7) Salary and fringe benefits. (a) No award of salary or fringe benefits to any employee shall be on a differentiated basis of unlawful discrimination as to age, race, color, religion, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era. (b) Each department or unit of the university will review periodically the salary and fringe benefit status of all of its employees, with special reference to reassurance that no unlawful discrimination exists between individual employees in equivalent positions with comparable qualifications, experience, responsibilities, and performance levels. Work force analyses prepared pursuant to paragraph (D) of this rule will include these data. Remedies proven to be needed will be made, pursuant to law and subject to availability of resources. (8) Terms and conditions of employment. (a) There shall be no unlawful discrimination as to the terms and conditions of employment, on a basis of age, race, color, religion, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era. For purposes of this rule, terms and conditions of employment shall include but not be limited to such factors as working environment, educational and training opportunities, research opportunities, use of facilities, opportunities for participation in professional discourse or deliberative processes, or attendance requirements. (b) Subject to law and regulations, women will not be specially penalized in their conditions of employment because of pregnancy or childbirth. Reasonable leaves of absence for these purposes will be considered on the same basis as leaves of absence without pay for other valid purposes as provided under official policies of the university; and maintenance of seniority or other fringe benefits shall be on the same basis as in the case of such other officially authorized leaves of absence. (c) The university policy regarding nepotism shall be administered on a nondiscriminatory basis, pursuant to the equal opportunity policy. (H) Design and implementation of appropriate audit and reporting systems. (1) Appropriate equal opportunity records shall be kept, and reports rendered, as required above in paragraph (D) of this rule, work force analysis and annual report to the president; paragraph (E) of this rule, goals and timetables; paragraph (G) of this rule, personnel actions; and otherwise as may be directed by the president. The director of the office of affirmative action shall have primary responsibility for design and scheduling of such records and reports, subject to appropriate supervision by the vice president for human resources, and in appropriate consultation with other university officers, and department and unit heads. (2) Records shall be kept, and reports rendered externally, pursuant to laws calling for such records and reports. (3) In the event of a filing of a formal complaint, and/or enforcement procedures in individual cases, records of such cases shall be maintained continuously and kept until final disposition of such cases, and for such further periods as may be required under law. (I) Verification and reporting; equal opportunity policies and practices of unions and contractors having dealings with the university. (1) The university will send notice to each labor union or representative of workers having a collective bargaining agreement or contract with the university, advising the labor union or workers; representative of its obligations under laws and regulations pertaining to equal opportunity, and of the university's equal opportunity policy. All contracts shall conform to law and to the university's equal opportunity policy. (2) The university will send, through its purchasing department or other appropriate officer, a notice equivalent to that prescribed in paragraph (I)(1) of this rule to vendors and contractors engaging in transactions with the university, also advising such vendors and contractors of responses that may be required of them under law. (3) The vice president for administration shall have responsibility for procurement, from contractors or vendors of appropriately executed nondiscrimination statements, with copies sent to the office of affirmative action, as may be required by law; and will maintain files, available for inspection, of all notices and executed statements rendered pursuant to paragraph (I) of this rule. (4) University officers responsible for contractual dealings with contractors or vendors will maintain rosters or directories of minority enterprises, as defined by law; and will, pursuant to law, enable such enterprises to compete for opportunities to sell goods and services to the university. (J) Provision for resolution of complaints and grievances. (1) The university maintains formal grievance procedures, pertaining to a variety of potential bases of grievance, available to faculty and staff, elsewhere in its officially published policies. Whenever any such formal grievance or complaint is filed, and consist of or includes alleged discrimination in violation of the equal opportunity, the procedure also shall include notification to the office of affirmative action. In such an instance, the director of the office of affirmative action will separately examine the element or elements of the grievance alleging discrimination, and will make the results of such examination known to the vice president for human resources with a copy to the appropriate sector vice president or other appointing authority, before final disposition of the grievance. (2) In any instance in which a complainant files a complaint with a governmental agency of competent jurisdiction, alleging discrimination in violation of valid laws and regulations, and in which the university is officially notified of such complaint, the complaint shall be examined by the director of the office of affirmative action. In instances requiring external response including more than routine rendering of data of public record, there shall be consultation with the appropriate divisional facilitator, and the president, before formal response. (K) Special provisions relative to persons with disabilities. The section set forth below as well as the other sections contained in this rule are intended in good faith to incorporate sections 503 and 504 of the Rehabilitation Act of 1973, the American Disabilities Act of 1990, and other relevant federal, state and local regulations as required by law. (1) The director of the office of affirmative action is designated as the compliance coordinator for purposes of compliance with law applicable to persons with disabilities. (2) Special care will be taken to ensure that employment practices and criteria are job related and do not needlessly have the effect of excluding the person with a disability from consideration. To this end the vice president for human resources, and where appropriate, the office of faculty affairs, in consultation with the director of the office of affirmative action, will periodically review position employment practices and criteria. (3) Pursuant to law, and subject to further provisions set forth below, the university will not discriminate against any employee or applicant for employment because of disability, as defined, in regard to any position for which the employee or applicant for employment is qualified; and generally will apply the affirmative action program on behalf of persons with disabilities as well as other groups affected by the equal opportunity policy. (a) Has a physical or mental impairment which substantially limits one or more major live activities; (b) Has a record of such impairment; (c) Is being regarded as having such an impairment. (4) Pursuant to law, and subject to further provisions set forth below, the university will not discriminate against any employee or applicant for employment because of disability, as defined, in regard to any position for which the employee or applicant for employment is qualified; and generally will apply the affirmative action program on behalf of persons with disabilities as well as other groups affected by the equal opportunity policy. (5) The university will make reasonable accommodation to the known limitations of a qualified disabled applicant or employee. In determining of what does or does not constitute reasonable accommodation, the elements of business necessity, financial cost, any resulting personnel problems, undue hardship on the program, and the safety or health of those employees adversely affected, among others, may be considered. (6) The university may inquire into an applicant's ability to perform job-related tasks effectively and safely, and into the extent and status of disability, provided that information given regarding disability shall be voluntary and shall be kept confidential except as provided in this rule. (7) The university may require medical examination of any employee or of any applicant who has been conditionally offered employment. Such examination shall not result in unlawful discrimination on the basis of disability and the results shall be held confidential except as provided in this rule. (8) Information obtained by a required medical examination, or by inquiries into applicants' or employees' physical and mental conditions shall be kept confidential except that supervisors shall be informed regarding restrictions on the work duties of persons with disabilities and any reasonable accommodations required; and except as first aid and safety personnel need to be informed; and except as compliance reporting under law requires inclusion of such information. (9) For affirmative action purposes, all employees and applicants for employment are given opportunity to identify themselves as persons with disabilities. For such purposes, all applicants for employment will have opportunity to submit a completed form, so identifying themselves, to the office of affirmative action and the personnel department, on a voluntary basis, in order to avail themselves of benefits of the affirmative action program. (10) Prior to filing a complaint with an external agency, it is recommended that an individual exhaust the administrative internal complaint of discrimination procedure in the office of affirmative action. External agencies include but are not limited to the Ohio Civil Rights Commission, Equal Opportunity Commission, The Department of Education, and the Department of Labor, Office of Federal Contract Compliance Programs." (L) Special provisions relative to disabled veterans and veterans of the Vietnam era. The section set forth below, as well as the other sections contained in this rule, are intended in good faith to incorporate sections 503 and 504 of the Rehabilitation Act of 1973, the American Disabilities Act of 1990, The Vietnam Era Veterans Readjustment Assistance Act of 1974, and other relevant federal, state and local regulations as required by law. (1) The director of the office of affirmative action is designated as the compliance coordinator for purposes of compliance with law applicable to disabled veterans and veterans of the Vietnam era. The director of affirmative action, will annually review employment matters including but not limited to: factors used in the hiring and promotion process, work force goals, and statistics. (2) The offices of affirmative action, the human resource division, and where appropriate, the office of faculty affairs, in consultation, will serve to establish and coordinate reasonable accommodation to those disabled veterans requesting such accommodations. (3) For purposes of the policy the following terms are defined: (a) "Disabled veteran" is defined as a person entitled to disability compensation under laws administered by the veterans administration for disability rated at thirty per centum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty. (b) "Qualified disabled veteran" is defined as a disabled veteran as defined in 41 Code of Federal Regulations, chapter 60-250.2, who is capable of performing a particular job, with reasonable accommodation to his or her disability. (c) "Veteran of the Vietnam era" is defined as a person who: (i) Served active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge, or (ii) Was discharged or released from active duty for a service-connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975. (4) Kent state university will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. (5) The university will take affirmative action to offer employment, employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (6) The university lists all non-student employment openings with a salary basis of less than twenty-five thousand dollars per year and which are not restricted to internal applicants, with the Ohio department of job and family services. Local offices of the bureau will be on the mailing lists of university publications announcing vacancies in the university. (7) The university's employment practices will be conducted in a manner consistent with all legally binding contractual agreements, collective bargaining agreements, regulations, and statutes. (8) For affirmative action purposes, all employees and applicants for employment are given opportunity to identify themselves as disabled veterans and veterans of the Vietnam era. For such purposes, all applicants for employment will have opportunity to submit a completed form, so identifying themselves, to the office of affirmative action, on a voluntary basis, in order to avail themselves of benefits of the affirmative action program. (9) In determining the qualifications of a covered veteran, the university shall consider that portion of the military record, including discharge papers, relevant to the specific job qualifications for which the veteran is being considered. (10) Information obtained by a required medical examination or inquiries into applicants' or employees' physical or mental conditions will be kept confidential except that supervisors shall be informed regarding restrictions on the work duties of the disabled veterans and regarding accommodations; and except as first aid and safety personnel need be informed of conditions which might require treatment; and except as compliance reporting under law requires inclusion of such information. (11) In determining the extent of the university's obligation to make reasonable accommodation to the physical or mental limitations of a disabled veteran, the following factors among others may be considered: business necessity, financial cost, and safe performance of the job. (12) In addition to generally applicable features of the affirmative action recruitment program, the university will undertake appropriate outreach and positive recruitment activities to recruit qualified disabled veterans and veterans of the Vietnam era; and will enlist and support appropriate recruiting sources such as the local veterans' employment representative, the veterans administration, veterans' service groups, campus veterans' counselors and coordinators, and veterans' organizations. (13) The director of the office of affirmative action and the vice president for human resources are available to provide guidance, information, direction, and counseling to all university employees including disabled veterans and veterans of the Vietnam era. (14) Prior to filing a complaint with an external agency, it is recommended that an individual exhaust the administrative internal complaint of discrimination procedure in the office of affirmative action. External agencies include but are not limited to the department of labor, office of federal contract compliance programs, and the veterans employment service
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Rule 3342-6-02.101 | Operational procedures and regulations regarding job communication.
(A) Purpose. It is the policy of the university to fill its employment vacancies by selecting from the available labor market those persons best qualified to perform the job related requirements of the employing unit and the university. (B) Definitions. The following definitions and guidelines will be followed in pursuing these policy objectives: (1) A "position" is a job that has been approved by the appropriate university administrator. (2) An "open position" is a vacancy. It is created by: (a) The transfer, promotion, advancement or loss of an employee, or (b) The approval by the appropriate administrator for the addition of a position. (3) A "job opportunity" is a vacancy authorized for filling by: (a) Promoting or advancing an employee from a lower job title, transfer, by reassignment of duties, or (b) By a direct hire. (C) Selection procedure for contract personnel. (1) Applicants for employment vacancies shall be considered not in the abstract but according to their qualifications to perform the work. Criteria for selecting the best qualified candidate should be related to the expected duties and responsibilities for the position. (2) All selection specifics, including criteria used, position description, interview procedure, methods used for rating candidates, and method used for final selection are subject to final review by the office of affirmative action. The following steps will be included in the review: (a) The office of affirmative action shall be notified of intent to fill a position opening and furnished with the following information and documents: (i) Proposed job announcement for internal publications. (ii) List of additional publications in which advertisement will appear, including media directed to potential minority, female and candidates with disabilities, and a copy of the proposed advertisement. (iii) List of other planned recruitment contacts. (iv) Position description to be used by the search committee or others involved in the selection and hiring process. (v) List of any criteria or qualifications not included in the position description but which will be used in the judging of individual candidates. (vi) Names of members of the search committee, including identification of minority, female and disabled members, and identification of any additional interview committees. (b) Persons involved in the selection process shall be advised of their responsibility to implement the university's policy of nondiscrimination and affirmative action and of the employing unit's goals and timetables for the hiring of minorities and women. Such advisement should include a meeting of the search committee with the director of the office of affirmative action or designee. (c) At the end of the initial recruitment period, the office of affirmative action will be notified as to whether the pool of candidates includes reasonable representation of qualified available minorities and females, in accordance with availability data in the field. If not, nominations from individuals and groups most knowledgeable about the process should be sought, as well as the assistance of the office of affirmative action. (d) Traditional recruitment and selection methods must be supplemented by the following actions: (i) Advertising in media directed to potential minority, women and persons with disabilities. (ii) Direct phone or mail contact with departments or other sources of minority, women and disabled persons. (iii) Consideration of current faculty, staff, or graduate students at the university, particularly minority, female, or qualified disabled persons, to fill vacancies. (iv) Assurances that all advertisements announcing employment vacancies carry the statement "Equal Opportunity/Affirmative Action Employer," and that no advertisements indicate sex preference either by exclusive use of the male pronoun of by any other use of language. (v) Assurance that search/interview committees include minority, women, and, when possible, disabled members. (vi) Distribution to all candidates of the "Group Identity Data" form requesting voluntary disclosure of race/ethnic data and sex, which is to be returned to the office of affirmative action to be maintained as part of the applicant flow data. (vii) Instruction of search committees and others involved in the selection process that it is desirable to give preference in hiring to minorities and women when applicants appear equally qualified. (D) Procedure. In order to appropriately verify that all affirmative action plan guidelines are followed, the following procedure is to be used for the recommendation of appointment for all contract personnel: (1) Each department wishing to announce a job opportunity in an internal publication must present to the office of affirmative action a request for reinstatement of position form or some other authorization notice signed by the major budget officer of the division. (2) Upon completion of the search committee/interview procedures, the department head will forward a completed recommendation form and material related to appointment recommendations, and the affirmative action recruitment profile, to the appropriate administrative officer. Academic department appointments will be forwarded to the deans and school directors. Nonacademic departments will forward the forms to the appropriate unit director. (3) Appointment forms and materials related to appointment recommendations should be carefully reviewed by the appropriate administrator, with the assistance of the divisional affirmative action facilitator, prior to approving them (4) These forms and related materials, including the completed recruitment profile, should then be forwarded to the director of the office of affirmative action for approval prior to submission to the appropriate vice president for referral to the president. (E) Temporary positions. (1) If a temporary position had been filled after duly required advertising, a reappointment to that temporary position need not be readvertised. Where the initial appointment stipulated temporary for the academic year without the further stipulation of one year only, the person could be reappointed under the same terms and conditions of employment outlined in the advertisement for x number of years in the future. A clarifying statement of possibility of reappointment should be included among the original appointment documents. (2) Where the advertisement for a temporary position stipulates one year only, that position necessarily must be readvertised should the department wish to fill the position again, or should it wish to transfer the person filling the position from temporary employee status to regular employee status. The sole exception to readvertisement occurs under the special terms providing for internal advancement. (See rule 3342-6-02.102 of the Administrative Code and this register). (F) Pool concept for part-time and full-time temporary positions. All academic units of the university, Kent campus and regional campuses that use part-time or full-time temporary personnel must use the "pool concept" for selecting and hiring such personnel. (1) Each academic unit will announce job opportunities for temporary personnel in internal publications and other appropriate publications prior to the beginning of the fall semester each year. All equal opportunity and affirmative action procedures must be followed. (2) Requests for pool applicants may be advertised at other times during the year if there is a need. Names may be added at any time to the pool during the year. (3) It must be recognized that certain courses cannot be filled on the basis of "pool concept." For example, highly specialized upper division or graduate courses which are suddenly vacated by the death or sudden illness of a faculty member cannot ordinarily be filled from a specialized generalized pool which is intended mainly for the lower division general pool. For this reason, the academic dean may request a modification in the procedure for such specialized cases. Approval or disapproval will be given by the office of the vice president for human resources. (4) Applicants who are selected by the academic unit will become part of the general pool for that year. Obviously, there will be different pools for different types of positions. For example, the department of biological sciences might need one pool of persons to teach overflow sections of general biology, and another pool of persons qualified to teach overflow sections of local flora. (5) Each academic unit must clearly define the qualifications and other criteria for admission to the pool, for continuance in the pool, and for rank ordering within the pool. (6) Appointees will be selected from the pool of accepted candidates in a rotation scheme which is clearly defined prior to an internal announcement. The rotation scheme used may be either of two types: (a) Semester rotation, with the most qualified applicant being selected each term. (b) Yearly rotation in which the entire group of pool members will be eligible for selection in order during the year according to need. (7) The departmental chairperson must obtain approval from the dean and the vice president for human resources or designee for the rotation scheme that will be used. (8) The pool should reflect a proper distribution of women and minorities, and should include when possible, persons with disabilities. It is necessary to be able to demonstrate that the pattern of employment is unrelated to the sex or marital status of appointees. (G) Tentative-position advertising. (1) Vacancies which are sent to the office of affirmative action without request for reinstatement of position forms will be returned to the appropriate unit for proper authorization. Tentative or possible positions will be presented to the appropriate office for the vice presidents official verification of authorization prior to their being announced internally. (2) When the tentative or possible position is deemed an approved position, the appropriate copy should be sent to the office of affirmative action for filing with the other material of record. (H) Deadline. The deadline for submission of copy-ready material to be included in the latest job opportunity publication will be three p.m. on the Wednesday preceding the Friday printing date. All material submitted after three p.m. on the Wednesday preceding the printing date shall be included in the next following appropriate publication. (I) Classified civil service job communication. The deadline for submitting all personnel job listings to the office of affirmative action for publication is the same as that for contract personnel. In addition, nonacademic personnel must refrain from posting any position if the posting date and publication date do not coincide or closely approximate one another. (J) Summary. It is the policy of the university that all job opportunities be filled within a reasonable period of time with the qualified personnel in accordance with the universitys policy on equal employment opportunity. All job vacancies in the universitys system shall be communicated internally as well as to the widest relevant recruitment area. (K) Job Opportunities. Job opportunities in the classified civil service shall be filled in so far as practicable by promotions according to civil service laws and applicable employee union agreements. Therefore, when the university determines a vacancy exists and it is not filled by transfer or lateral shift, a notice of the vacancy, including job details, shall be advertised and posted according to the job opportunity communication policy. (L) Notice. Contract job opportunities shall be circulated throughout the relevant recruitment area and internally through the job opportunities communication system. All job opportunities shall be posted within the organizational unit in which they occur. (M) All job opportunity descriptions not exempt from this rule will be disseminated in accordance with the following procedures: (1) Classified maintenance and service group vacancies covered under university union agreements will be listed for one printing after the five calendar days posting required by the agreement when the vacancy is not filled by paragraph (1)(B)(2)(a) of this rule. Applicants shall have five working days from the date of publication to apply for the position before the vacancy may be filled by the department from among all qualified applicants. (2) For all other civil service positions, job opportunities shall be posted for five working days in conspicuous places accessible to employees. If it is not determined that the position will be filled by the transfer, promotion or referral from a bona fide eligibility list, the job opportunity will be listed for at least one printing of an internal publication after the five-day posting period. Applicants shall have ten working days from the date of publication to apply for the job opportunity before it may be filled by the department from among all qualified applicants. (3) All contract job opportunities shall be announced in an internal publication when accompanied by the required authorization from the major budget officer. If it is not determined that the position will be filled by paragraph (1)(B)(2)(a) of this rule, the job opportunity shall be listed for at least one printing. Applicants shall have a minimum of ten working days from the date of the publication to apply for the job opportunity before it may be filled by the department from among all qualified applicants according to interview/search committee practices. (4) Job opportunity advertisements shall include the job title, qualifications, responsibilities, application deadline, and person to contact, unless there are extenuating circumstances which have been discussed with and received approval from the office of affirmative action prior to advertisement. (N) All solicitations or advertisements for employees by, or on behalf of, the university will state that the university is "An Affirmative Action/Equal Opportunity Employer." (O) Employee referral source should include sources that can be expected to contact minority, persons with disabilities, women, veterans with disabilities and Vietnam war era veteran candidates. (P) Individual short notices and temporary vacancies not to exceed one hundred twenty calendar days in duration, shall be exempt from publication requirements. However, departments that anticipate making such appointments shall follow the "pool concept" policy for communications of such job opportunities. Deviation from use of the pool requires approval from the major budget officer and the endorsement of the office of affirmative action. (Q) This communication rule applies to all positions in the university system except those student employment opportunities coordinated by student financial aid. (R) Positions established through grants shall be exempt from this communication policy if the names of individuals to fill the proposed positions have been submitted as part of the grant proposal. All other grant positions which become job opportunities shall be subject to this communication rule.
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Rule 3342-6-02.102 | Operational procedures and regulations regarding waivers of posting for job vacancies.
(A) There are occasions when efficiency, productivity and fairness can best be served by appointing a uniquely qualified individual to a vacant position. When a particular candidate has the required direct experience and familiarity with the university, as well as appropriate credentials, or because internal management policy and practices provide for upward staff mobility, it is not necessary or appropriate to apply regular procedures for job communication as set forth in rule 3342-6-02.101 of the Administrative Code. (B) The office of affirmative action is concerned that university policies be constructed with sufficient flexibility and intelligence that equal opportunity procedures will not be, nor be seen as, obstacles to good management and personnel practices. In fact, internal promotion may be part of a career mobility posture that is to the advantage of minorities, women and other protected classes. (C) Therefore, any department head who wishes to fill a position within his/her specific unit and to waive the job communication policy may file such a request with the appropriate executive officer (or designee) and then with the office of affirmative action. If the request is approved by the executive officer, the office of affirmative action will apply the following criteria in deciding whether to endorse: (1) Credentials of the preferred candidate match the job description and other stated requirements; (2) Direct experience in the unit has been established as necessary and relevant; and (3) The unit's current composition is such that the recommended appointment would not seriously impede affirmative action progress or meeting set goals and timetables.
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Rule 3342-6-04 | University policy regarding appointment authority.
(A) The president of the university shall
appoint and remove all university personnel and fix compensation for same
within the guidelines set forth by the board and by the laws of the state of
Ohio and subject to subsequent approval by the board except that, as to the
ranks of executive vice president, senior vice president, and vice president,
the board will be informed prior to appointment or removal. Said authority
shall include but not be limited to the authority to award or deny tenure to
probationary faculty and decide upon all promotions of faculty, subject to
subsequent approval by the board. (B) The president may delegate the
authority to make administrative or staff appointments to appropriate vice
presidents. (C) The board has designated the vice
president for human resources as appointing authority for nonacademic
classified employees.
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Rule 3342-6-04.1 | Administrative policy regarding layoff or position abolishment for classified civil service staff who are not in a recognized bargaining unit.
(A) Policy statement. This policy shall be used by the university to initiate a reduction in the work force through layoffs or position abolishment and, in some cases, the displacement of employees as a result. (B) Because the university compensation plan for classified employees includes university classification titles and classification series, as opposed to the state of Ohio classification titles and classification series, the provisions of this policy are applicable within the university. (C) An employee may be laid off due to a temporary lack of work or lack of funds expected to last less than twelve months. (1) A lack of work, for purposes of layoff, means a department has a current or projected temporary decrease in the workload which requires a reduction of current or projected staffing levels; (2) A lack of funds means a department has a current or projected deficiency of funds to maintain current levels, or to sustain projected levels of staffing or operations. (D) An employee may be laid off as a result of the abolishment of a position. "Abolishment" is defined as the deletion of a position or positions from a department or the university for lack of continued need for the position or positions. An abolishment is expected to last more than twelve months. The director of personnel can abolish a position for one or more of the following reasons. (1) Reorganization for the efficient operation of a department or the university; (2) For reasons of economy; (3) For lack of work. (E) The director of personnel shall comply with applicable civil service regulations and the following provisions when laying off and recalling employees. (F) In instances where displacement could take place, displacement is within a layoff jurisdiction. The Kent campus shall comprise a jurisdiction. Within a jurisdiction, an employee may laid be off as follow: (1) The employee shall be transferred to an available vacancy within the same classification; (2) If the employee has more retention points than another employee serving in the same classification, then the employee with the fewest retention points shall be displaced; (3) If the employee has the fewest retention points in the classification, the employee may, in lieu of being laid off, fill an available vacancy in a lower classification in the same classification series or, displace the employee with the fewest retention points in the next or successively lower classification, provided no employee shall displace an employee with more retention points; (4) The employee may exercise his/her displacement rights within the classification the employee held immediately prior to holding the classification from which the employee is being laid off provided: (a) The employee was certified in the former classification; (b) The employee held the previous classification not more than five years prior to the effective date of layoff; (c) The employee meets the minimum qualifications of the classification; (d) The classification previously held was in a lower or equivalent pay grade as the employee's current classification; (e) The employee has more retention points, and displaces the employee in the former classification who has the fewest retention points; (5) An employee may displace the employee with the fewest retention points in a classification with the same or similar duties, as specified in paragraph (I) of this rule and of the Administrative Code, provided the employee has more retention points than the employee displaced. (6) In the event more than one displacement alternative is available, and all alternatives are at the same pay grade, the director of personnel shall determine which alternative(s) may be offered. (G) Retention points will be calculated for each employee in the classification affected by a layoff or position abolishment as well as for employees in the classification in which displacement may occur. Retention points shall be calculated in conformity with applicable civil service regulations. (H) An employee shall notify the director of personnel, in writing, of his/her intention to exercise his/her displacement rights within five calendar days after receipt of a notice of layoff or displacement. (I) No employee shall displace an employee for whose position or classification there exists minimum qualifications, as established by a position description, classification specification, or bona fide occupation qualification, unless the employee possesses the requisite minimum qualifications for the position or classification. (J) An employee exercising his/her displacement rights shall be paid within the pay grade assigned to his/her new classification. The employee shall be assigned to a rate i the pay range assigned to the new classification which is equivalent to the rate the employee was paid in his/her prior classification. If the rate an employee received in his/her prior classification exceeds the highest rate in the pay grade assigned to the new classification the employee will be assigned the highest rate within the new classification. (K) The following contains the complete listing of classifications with same or similar duties into which an employee may displace, in conformity with applicable civil service regulations. An employee with a classification listed on the right side of the list may, under certain conditions, displace into a classification listed as similar on the left side. (1) Classifications with same or similar duties: (a) EAB2 clerical specialist- EAC3 administrative clerk; (b) EAR1 typist- ETU1 medical typist; (c) EEH3 cashier supervisor- EEI3 cash processing coordinator; (d) EEI3 cash processing coordinator- EEH3 cashier supervisor; (e) EIB1 maintenance repair worker- EID1 building and ground/regional campus only- supervisor/regional campus; (f) EPB2 senior audio visual assistant- EPC 3 audio visual specialist; (g) EPU1 layout design technician or EPW1 photo lab technician- EPY1 pre-print supervisor. (L) Any accumulated unused balance of vacation and compensatory time shall be converted to a cash payment at the time an employee is laid off. (M) An employee may appeal a layoff, or a displacement which is the result of a layoff, to the state personnel board of review. Such appeal must be filed or postmarked no later than ten days after the employee receives notice of the layoff or displacement. An employee shall be considered displaced on the date the employee is notified that another employee has exercised his/her right to displace the employee form his/her position. Andy appeal shall be made in accordance with the rules promulgated by the state personnel board of review.
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Rule 3342-6-04.2 | Administrative policy regarding employment of a near relative.
(A) There is no objection to the appointment of members of families throughout the university, regardless of relationship, so long as one family member is not in a position to influence a decision in favor of or against the other. (B) Therefore, pursuant to the guidelines for enforcement of Executive Order 11246 as promulgated by the United States department of health, education and welfare, university employees shall neither initiate nor participate in institutional decisions involving a direct benefit or detriment to members of their immediate families. (C) Any decisions involving such direct benefit or detriment shall be referred where appropriate to either an immediate supervisor or the proper appointing authority.
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Rule 3342-6-04.3 | Administrative policy regarding independent contractors.
Effective:
November 1, 2022
(A) Purpose and scope. The purpose of this policy is to
define the process for obtaining the professional services of an independent
contractor at Kent state university. It is the intent of the university to
classify individuals as independent contractors only when there is a reasonable
basis for such determination and in circumstances provided for in this policy.
(B) Eligibility. (1) Individuals classified as independent contractors are
not eligible for any employee benefits, are not covered by worker's
compensation, and fees paid for professional services are not subject to income
tax withholding. (2) Individuals who are currently employed with Kent state
university may not be engaged as an independent contractor. (3) Individuals who have been employed with Kent state
university may not be engaged as an independent contractor in the same calendar
year that they were an employee performing the same or similar duties.
(4) Services performed by an independent contractor shall
not replace the work normally performed by a university employee. (C) Definition of an independent contractor. For the
purposes of this policy, an independent contractor is an individual who meets
each of the following while performing a professional service for the
university: has a degree of skill or area of expertise not normally available
within the university; uses their own tools and equipment to deliver the
service, performs the service for a limited period of time not to exceed six
months; has complete control over the manner in which the work is performed;
and normally provides such services in the open marketplace. (D) Procedure. (1) Prior to the engagement of professional services of an
independent contractor, a unit must initiate the review process administered by
the division of human resources and provide any materials as may be requested
by the division representative. At time such review is initiated, the parties
(i.e. unit or the independent contractor) may negotiate the terms of an
agreement. However, such agreement shall not be executed by either party prior
to the conclusion of the review process. (2) The review process by the division of human resources
will result in either approval for the unit to proceed, or denial. In the event
of denial, the unit may engage the division of human resources to discuss
alternatives as may be available. (3) Upon approval and prior to any services performed or
delivered by the independent contractor, the unit is responsible for ensuring
that an agreement is executed with the independent contractor in accordance
with the process provided in rule 3342-5-04.1 of the Administrative Code. A
copy of the duly executed agreement shall be retained by the unit in accordance
with the university record retention schedule. (E) Exemptions and modifications. In rare circumstances,
the vice president for human resources may determine that certain engagements
are by their very nature representative of an independent contractor
relationship. For purposes of expedience and efficiency, in their sole
discretion, the vice president for human resources may determine that such
engagements are exempt from the review procedure provided in paragraphs (D)(1)
and (D)(2) of this rule, or may otherwise engage in a modification to such
review as approved by the vice president for human resources. (1) Exemptions and/or modifications under this rule shall
be submitted to the vice president for human resources by the divisional vice
president. Notification of any such exemptions and/or modifications shall be
posted on the divisions website and further notification shall be
provided to the divisional vice presidents prior to the effective date of such
exemption. (2) Any exemptions and/or modifications granted shall be
reviewed on or before July first of each year. (F) Violation. Violations of this policy by units shall be
directed to the vice president for human resources for review and enforcement
as may be necessary. Violation of this policy by a university employee may
subject such employee to disciplinary action including, but not limited to,
termination.
Last updated November 1, 2022 at 9:05 AM
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Rule 3342-6-04.4 | Administrative policy regarding volunteers.
(A) Policy statement. Individuals who
volunteer their time and expertise to the university provide an important
service and help further the mission of teaching, research and public service.
In turn, volunteers gain valuable experiences and a sense of personal
satisfaction. This policy is intended to help promote a productive, safe and
mutually beneficial environment for volunteers and for the university by
setting appropriate expectations and clarifying roles and
responsibilities. (B) Eligibility. This policy shall apply
to all campuses, divisions, colleges, schools, departments, offices, whether
academic or administrative for all volunteer opportunities on university
property or associated with official university functions. (C) Definition. (1) For the purposes of
this policy, a volunteer shall be an individual: (a) That freely offers without pressure or coercion,
direct or implied, to volunteer their services directly to the university,
whether on an ad hoc basis or through a formal volunteer program conducted by a
university department; and (b) That does not receive, nor has an expectation to
receive, monetary or material compensation or any form of remuneration or
benefit in exchange for such services. (2) For the purposes of this policy, a research volunteer
shall be a volunteer who participates in the conduct of
research/scholarship/creative activities (e.g. research assistants) in
accordance with this policy. Research volunteers include both non-KSU students
and KSU student volunteers who are not receiving payment or course credit to
participate in the conduct of research/scholarship/creative
activities. (3) Exclusions. (a) This policy shall not apply to volunteers who are
affiliated with and provide services on behalf of external third-party service
agencies or service organizations, as well as any nonprofit organizations
dedicated to providing fundraising, public outreach and other support services
to the university. (b) This policy shall not apply to student internships or
practicums conducted at the university for credit or through an executed
affiliation agreement between the university and a third party. (D) Implementation. (1) The
"coordinating department" refers to the university department
responsible for monitoring, supervising or otherwise organizing the volunteer
opportunity and is responsible for all activities of the
volunteer. (2) Permitted use. The
use of volunteers in the performance of volunteer services for the university
shall be at the sole discretion of the coordinating department. (3) Prohibited use. The
use of volunteers shall not replace or otherwise supplement work performed by
other university employees or those duties normally associated with paid
positions of the university. (4) Limited duration.
Volunteers shall not be engaged for more than twenty hours per week. Volunteers
shall be engaged for a period of limited duration and shall not be used for
long-term assignments. (5) Not employment.
Services provided by volunteers shall not be considered employment and are
subject to the following limitations: (a) Service under this policy shall not create any
entitlement, right or privilege on the part of any volunteer to continue
providing such services for the university in the future. (b) Volunteers are not eligible for any university benefits
including, but not limited to, sick leave, retirement or insurance
benefits. (c) Current university employees shall not volunteer in the
same capacity as their regular duties or perform the same type of services they
perform as an employee. (d) Volunteers shall not be monetarily or materially
compensated for any services provided and shall not incur any reimbursable
expenses during the course of the volunteer opportunity. (6) The coordinating
department must retain in a central location any records created during the
above procedures, as well as copies of any supporting documentation, for a
period of three years from the date the relationship with the volunteer ends,
or in accordance with the university retention schedules where
applicable. (E) Procedure. (1) Appointment. The
following preliminary actions must be completed prior to performing any
volunteer services for the university: (a) The coordinating department is responsible for ensuring
that volunteers have adequate experience, qualifications and training for the
tasks he/she will perform. (b) Volunteers must complete the "Volunteer
Assignment Form and Release" and return such to the coordinating
department. Research volunteers must complete the "Research Volunteer
Assignment Form and Release" and return such to the coordinating
department. (c) Volunteers who perform sensitive tasks, such as the
care and security of children, shall be required to submit to, and pass, a BCI
criminal background check in accordance with section 121.401 of the Revised
Code prior to performing such duties, and other such requirements as may be in
place by the university (i) The volunteer is
responsible for any costs associated with this test. (ii) The results of such
tests must be returned to and verified by the coordinating
department. (iii) The volunteer
assignment shall not begin until the volunteer has passed all checks required
under this policy. (d) Volunteers who will participate in programs or
opportunities involving minors must adhere to the requirements in the
universitys minors on campus policy. (e) Where appropriate, volunteers must sign a
confidentiality agreement with the university. The confidentiality agreement
must be kept on file with the coordinating department in accordance with
university retention schedules. (f) Individuals under the age of eighteen need the
permission of their parents or legal guardians before they may provide services
as a volunteer. Such permission must be kept on file with the coordinating
department in accordance with university retention schedules. (g) Any and all, new or continuing, appointments to a
volunteer opportunity must have the final approval of the vice president, dean,
or designee prior to the commencement of such opportunity. (h) Notwithstanding
paragraph (E)(1)(g) of this rule, research volunteer appointments must have
final approval of a department chair prior to commencement of a research
volunteer opportunity. (2) Termination. (a) Volunteer services are provided at the pleasure of both
parties and may be terminated without prior notice by either
party. (b) If the coordinating department terminates the volunteer
opportunity, such coordinating department is responsible for providing notice
to the volunteer and such notice shall be kept with the original volunteer
assignment form and release. (c) If the volunteer terminates the volunteer opportunity,
such coordinating department must keep a record of such notice along with the
original volunteer assignment form and release. (F) Restrictions. (1) Volunteers shall not
supervise a staff member, including student employees, or other
volunteers. (2) Volunteers shall not
handle cash or other commercial transactions for the university.
Notwithstanding the preceding, research volunteers are permitted to handle
payments to research participants. (3) Individuals
performing service as volunteers may require access to equipment, facilities
and information necessary for that service. This access will be subject to the
following restrictions: (a) Volunteers shall neither be granted access to
university email, university financial accounts or funds, or university systems
such as the university payroll, purchasing, or student systems, nor shall they
be given the authority to commit university funds and/or enter into a contract
on behalf of the university. (b) Volunteers shall not be granted access to confidential
university information, including but not limited to, student or employee
medical records. Notwithstanding the preceding, research volunteers may receive
confidential and/or protected data in accordance with applicable law and an
IRB-approved research study. (c) Volunteers shall not be issued keys, swipe card, fobs
or other means used to gain access to buildings or offices. Notwithstanding the
preceding, research volunteers may be provided access to buildings and
laboratories/studios as necessary for conduct of the
research/scholarship/creative activity. (d) Volunteers shall not be issued access codes to
buildings or offices. (e) Volunteers shall not operate university
vehicles. (f) Volunteers shall not operate heavy
equipment. (g) Volunteers shall not have access to, use, otherwise
have contact with or voluntarily become exposed to hazardous substances,
dangerous equipment or material (including but not limited to contact with
blood products or serums) without prior approval by the appropriate vice
president of the division under which the volunteer opportunity resides.
Research volunteers may contact such substances in the normal conduct of a
research project.
Last updated July 12, 2021 at 6:08 PM
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Rule 3342-6-05 | University policy regarding employment of unclassified staff employees.
(A) Appointment of the president. The president of the
university is appointed by and serves at the pleasure of the board without
notice other than that noted in the minutes of the board. The university
constitution, paragraph (G)(2) of rule 3342-2-01 of the Administrative Code,
requires that "the board shall annually elect a president of the
university to hold office at the discretion of the board." Compensation of
the president is established by the board and continues unless or until it is
changed by the board. (B) Appointment of unclassified employees. (1) All full-time unclassified staff employees shall be
employed by the university upon the recommendation of the president and the
approval of the board of trustees, serve at the pleasure of the appointing
authority, and are subject to the policies, rules, and regulations of the
university and to the laws and regulations of the state of Ohio. (a) During the period of
the appointment, unclassified staff employees shall render fully the service to
the university required by the terms of the appointment and other appropriate
policies, rules, and regulations, as published in the Administrative Code and
this register. (b) The university shall
make deductions from salary payments to any unclassified staff employee as
required by law, regulations, or policy and may make other deductions as
requested by the appointee and authorized by the university. (c) A full-time
unclassified staff appointment is ordinarily made on a continuing basis; that
is, an appointment is made with the expectation that it will continue until
notice is given by either the employee or the university that it will
terminate. (2) Appointments for part-time unclassified staff positions
or for specific periods may be issued with the approval of the appointing
authority. As applicable, an employment agreement covering an unclassified
staff position shall be executed by the president and appointing authority
(with regard to unclassified staff) and the provost (with regard to faculty) on
behalf of the university, and be offered to the prospective employee
("appointee"). Each agreement shall contain the following:
(a) Term of appointment
that is, continuing, full or part-time, temporary, or for a specific
period; (b) Title of
position; (c) Annual salary and/or
salary for the period to be covered; and (d) Any special
conditions relating to the appointment. (3) Upon receiving the employment agreement, the appointee
shall have ten working days after the date of issuance to sign and return the
employment agreement to the division of human resources, unless this period is
extended by mutual agreement. All prospective appointees shall be informed that
all offers of employment under this rule are subject to and contingent upon the
final confirmation by the Kent state university board of trustees at the next
scheduled meeting. If the signed employment agreement is not returned within
the time allowed, the university shall consider the appointment refused and the
tender of appointment shall be voided. (C) Termination of appointment of unclassified staff. With
regard to an appointment under this policy, termination of the current
appointment may be initiated through resignation or retirement; it may be
initiated by mutual agreement of the employee and the university for reasons of
promotion or transfer; it may be initiated by the university for demotion or
may be initiated for reasons of disability leave pursuant to rule 3342-6-11.3
of the Administrative Code and this register, by authority of paragraphs (C),
(D), (E)(1), and (E)(2) of this rule or by expiration of the term of an
appointment issued for a specific period. An employee under this rule does not
acquire tenure rights in his/her appointment or position. (D) Non-continuation of unclassified staff appointees.
Employees appointed under this policy not to be continued in their positions
shall be so informed at least ninety days prior to the date established in the
notice as the terminal date of the appointment. The appointing authority of the
employee shall be the informing agent. In an instance where the appointment was
issued for a specified term, no notice is required and the last day to that
term shall be the terminal date of the employee's appointment. University
policy regarding nonacademic grievance, rule 3342-6-01.1 of the Administrative
Code is not applicable in cases of administrative termination. (E) Suspension and termination of an unclassified staff
appointment for cause. (1) The university may terminate the appointment of an
unclassified staff employee under this policy for these reasons: insufficiency
of funds; modification of the university's mission or elimination of
programs; or significant changes in the organizational structure of the
university. At least thirty days' notice will be given, in writing, to the
unclassified staff employee for a termination under the provisions of this
paragraph. (2) An employee holding a position under this policy may be
reduced in pay or position, suspended, or terminated for cause for violation of
law, regulation, directive, or university policy and for, including but not
limited to, incompetency, inefficiency, dishonesty, drunkenness, possession or
use of illegal drugs, immoral conduct, insubordination, discourteous treatment
of the public, neglect of duty, or any acts of misfeasance, malfeasance, or
nonfeasance in office. In the event of suspension leading to possible termination for
the reasons stated herein, the administrative or staff appointee shall receive
written notice of his/her proposed termination and be provided an opportunity
to respond in writing within fifteen days of the date upon which the suspension
commences. (F)
Continuation of faculty appointment. In the case of the termination of an
appointment under this policy of an employee also holding rank and tenure in an
academic department, the employees faculty rights and privileges are
preserved, but may be subject to a separate disciplinary or employment process
pursuant to the collective bargaining agreement between the university and
faculty collective bargaining agreement.
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Rule 3342-6-05.1 | Administrative policy regarding positions at the college of podiatric medicine.
(A) Policy statement. Pursuant to the statutory authority provided to the university by the Ohio General Assembly, all new positions existing or created as of July 1, 2012 and thereafter in the Kent state university college of podiatric medicine shall be unclassified positions. Unless otherwise provided for in this Administrative Code, such positions and the employees holding such positions will not be subject to Chapters 124. and 125. of the Revised Code, agencies 124 and 125 of the Administrative Code, nor will relief under such chapters be available to such employees. (B) Eligibility. This policy applies to all positions at the Independence, Ohio location of the Kent state university college of podiatric medicine.
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Rule 3342-6-05.2 | Administrative policy regarding unclassified hourly employees.
(A) Policy statement. From time to time, it is necessary for Kent state university to hire unclassified hourly employees to provide services essential to the proper maintenance and successful and continuous operation of the university. These position serve at the pleasure of the appointment authority as designated by the president of the university. (B) Definitions. (1) Unclassified hourly employee. For the purposes of this chapter, an unclassified hourly employee is an employee appointed to an unclassified position and paid on an hourly basis and subject to the non-exempt provisions of the Fair Labor Standards Act where applicable. (2) Intermittent appointment. For the purposes of this chapter, an intermittent appointment is made where an unclassified hourly employee will work on an irregular schedule that is determined by the fluctuating demands of the work and is not predictable and is generally characterized as requiring less than one thousand hours per fiscal year. (3) Temporary appointment. For the purposes of this chapter, a temporary appointment is made where either a classified or unclassified position will work for a limited period of time that is fixed by the appointing authority upon consultation with the division of human resources for a period not to exceed one hundred twenty days. (C) Implementation. (1) Part-time and full-time term or continuing appointments. Unclassified hourly employees are eligible for university paid medical benefits as determined and made available by the division of human resources. Such employees under this paragraph will be eligible to accrue sick leave at a rate of .058 hours for each hour worked. Such employees under this paragraph will be eligible to accrue vacation leave at a rate consistent with rule 3342-6-11.7 of the Administrative Code. (2) Intermittent and temporary appointments. Unclassified hourly employees on intermittent or temporary appointments will not be eligible for university paid medical benefits. Such employees will be eligible to accrue .058 hours of sick time for every hour worked. Such employees are not eligible for vacation accrual or any tuition waiver benefits. (a) Unclassified hourly employees on an intermittent appointment are considered part-time term unclassified personnel. Such employees will have appointments valid only through June thirtieth of the calendar year in which the appointment began. (b) Unclassified hourly employees on a temporary appointment as provided for in this rule are considered unclassified for the duration of the temporary appointment. Temporary appointments may not exceed one hundred twenty days. Successive temporary appointments for the same person to the same position will not be approved unless in extraordinary circumstances as approved by the vice president for human resources and such successive appointment may not exceed one hundred twenty days. (3) Unrepresented hourly employees engaged in externally grant funded educational or research duties connected with the university shall be designated "unclassified" and assigned by the director of personnel to the title and pay grade which best represents the expectations of the position from the list following: (a) Title: program assistant I, pay grade 31. (b) Title: program assistant II, pay grade 32. (c) Title: program assistant III, pay grade 33. (d) Title: program assistant IV, pay grade 34. (e) Title: program assistant V, pay grade 35. (f) Title: program assistant VI, pay grade 36. (g) Title: program assistant VII, pay grade 37. (h) Title: program assistant VIII, pay grade 38. (i) Title: program assistant IX, pay grade 39. (j) Title: program assistant X, pay grade 40.
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Rule 3342-6-05.3 | Administrative policy regarding academic administrative officers.
(A) General goals of an administrative review. (1) Gauge accomplishment. A proper review requires the officer to make a thorough self-evaluation, as well as a program assessment, highlighting accomplishments, problems, solutions, and prognoses for future operations. (2) Display success. The review affords an opportunity for focusing the university's attention on the real successes of the administrator's tenure. If properly handled, the response and report portion of the review can contribute to increased awareness of accomplishments. (3) Expose hidden problems. In any administrator's daily exercise of authority, misunderstandings as well as problems of real substance can occur but never be brought to the administrator's attention. A review should create an environment in which reviewers can reveal hidden problems and potentially disruptive ones. The ultimate goal is the resolution of those problems in a way that best serves the interests of the university community. (B) Specific objectives of the review. Principal efforts should be directed toward ascertaining the officer's administrative performance in terms of management effectiveness and leadership capacity: for example, quality and competence of work, use of resources and ability to give direction to the unit while encouraging the scholarly interests of the unit. In both management and leadership, the officer's concrete accomplishments should be elicited from the individual being reviewed, as well as from those surveyed. (C) Persons to be reviewed and evaluated. (1) The academic administrative officers to be reviewed are the provost, the the dean of the regional college, the deans of the colleges and independent schools, the dean for undergraduate studies, the dean of graduate studies, the dean of the honors college, dean of the university libraries, and the deans of the regional campuses. (2) Evaluation of the performance of the president is the responsibility of the Kent state university board of trustees. (3) The reviews of the academic administrative officers listed in paragraph (C)(1) of this rule shall be conducted according to the following procedures: (D) Procedures. (1) Frequency. (a) Regular reviews. The periodic review process shall normally occur in the fourth year but no later than the fifth year unless it is initiated earlier by special request. The office of the provost shall maintain a review calendar for deans and associate provosts and shall notify the faculty senate committee on administrative officers at the start of the academic year of the reviews scheduled within the next twelve months. When a review is scheduled, the administrator scheduling the review shall also notify the faculty members of the unit involved. (b) Early reviews. The administrator to be reviewed, a member of the administration to whom the administrator reports, or one or more members of the faculty of the administrator's unit may request an early review when circumstances warrant it. Any circumstances that lead to a request for an early review are expected to be unusual and of a serious nature. The decision to proceed with an early review and the scheduling of either an early or regular review are the sole responsibility of the president, or the provost, or the dean of the regional college after consultation with the provost as appropriate. When a review is scheduled, the administrator scheduling the review shall notify the faculty of the unit involved. (2) Documentary requirements. At the onset of the review, the committee shall be provided with the following documentary information: (a) The administration's published job description for the position. (b) A self-study by the administrator being reviewed, detailing accomplishments of management and leadership, problems encountered and solutions provided thereto, and other matters that the administrator perceives as important for the understanding of the administrator's function since the last review. (3) Committee operations. (a) It shall be the responsibility of the review committee to ensure as wide as possible a base of input to the review. In particular, it shall provide ample opportunity for the faculty and staff of the unit to express their views. To this end, the review committee may: (i) Invite signed written statements from faculty, staff, students, and alumni concerning the performance of the administrator under review. (ii) Interview individuals and/or groups whose input appears specially relevant; e.g., staff members, alumni groups, advisory committees, curricular bodies, past members of such bodies, others with whom the administrator works on a peer level and administrators who report directly to the administrator being reviewed. (iii) Interview student committees that work with the administrator and students who may serve on faculty/student committees under his/her purview. (b) Nothing in the above language is meant to limit the range of input that the committee may seek nor shall it be used to limit input that members, be they faculty, staff, students, or alumni, wish to make to the review committee. (c) It shall be the responsibility of the review committee to ensure that all communications to the committee are treated in a confidential manner. The committee shall further allow the administrator being reviewed the opportunity to discuss issues and concerns that are identified during the review process and to review and respond to all documentary evidence, including any formal minutes of interviews. This opportunity should come reasonably late in the process. The committee members shall take care not to reveal the names of the authors of statements or of individuals involved in particular interviews. (4) Report. Following the completion of the committee's review, a written report shall be submitted to the administrator who scheduled the review. The report shall contain a description of the process, data collected, and specific recommendations. Following receipt of this report, the administrator who scheduled the review shall evaluate it and forward a copy of the report along with his/her own written comments to the reviewed officer. His/her comments shall also be made available to the members of the review committee. The transmission of the report to the administrator being reviewed should be accompanied by an in-depth oral explanation of the findings. The faculty in the unit of the administrator being reviewed shall receive a timely written report from the administrator who scheduled the review. (5) Follow up. The administrator who has been reviewed will comment specifically on the progress being made toward fulfilling the plan of action in his or her subsequent annual reports, which will be made available to the faculty of the specific unit. (6) Legal restrictions. All aspects of the review process must be consistent with the requirements of state and federal law and with university policy. (7) Review of the procedures. Each review committee is charged with recommending any desirable change in the procedures to the committee on administrative officers. (E) Composition of review committees. (1) Provost. (a) One member of the executive committee of the faculty senate. (b) Four senior faculty members (including one regional campus faculty member) nominated by the committee on administrative officers. (c) Two associate provosts or deans chosen from any of the colleges or independent schools. (d) One department chair/school director. (2) Dean of the regional college. (a) One associate provost or dean, chosen from any of the colleges or independent schools. (b) Three senior faculty members, each faculty member from a different campus under the auspices of the regional college. (c) One senior faculty member from the Kent campus. (d) One regional campus dean. (3) Deans of colleges, independent schools, and regional campuses. (a) One dean for colleges and independent schools, representative must be a dean of a college or independent school: for regional campuses, representative must be a dean of a regional campus. (b) Three senior faculty members: representatives must be from the unit; for regional campuses representatives, two are to be from the same campus as the dean and one from another regional campus. (c) For colleges and independent schools in which there are a significant number of faculty members whose appointment is at the regional campus, as determined by the provost, one representative shall be from the regional campuses. (d) One senior faculty member: representative must be from outside the unit. In the case of regional campus deans, this representative must be from the Kent campus. (e) One department chairperson or school director from the unit (if appropriate). (4) Dean of undergraduate studies. (a) One associate provost or dean, chosen from any of the colleges and independent schools. (b) Three senior faculty members, each faculty member from a different college or independent school. (c) One department chair/school director. (d) One undergraduate studies professional staff member. (5) Dean of graduate studies. (a) One associate provost or dean, chosen from any of the colleges and independent schools. (b) Three senior faculty members, nominated by the members of the research council, each faculty member from a different college or independent school. (c) One department chair/school director. (d) One member of the staff of the office of research and graduate studies. (6) Dean of the university libraries. (a) One dean. (b) Three senior faculty members: representatives must be from library administration. (c) One senior faculty member: representative must be from outside the unit. (d) One department chairperson or school director. (7) Dean of the honors college. (a) One dean. (b) Three senior faculty members, who have taught at least two honors courses during the term of the dean under review, nominated by the honors college policy council. (c) One senior faculty member: representative must be from outside the unit. (d) One department chairperson or school director. (F) Selection process guidelines. (1) The person to be reviewed shall not participate in the selection process. To the extent possible, members of the review committee should have been members of the university for the five years preceding the review of the person to be reviewed. (2) Faculty from the unit include regional campus faculty so that regional campus faculty belong to two units, one academic and one geographic. (3) Senior faculty are defined as those with associate or full professorial rank (this requirement may be waived by the provost for review of regional campus deans). (G) Selection process. Review committee members will be nominated by the following groups and the final selection of the committee will be made from the list of nominees by the administrator conducting the review except that additional members, possibly from outside the university, may be added if, in his/her opinion, they are needed. The number of these additional appointments shall be limited to a maximum of fifty per cent of the committee membership. Should the administrator conducting the review find one or more of the lists of nominees to be unacceptable, that person may return the list(s) in question to the nominating group(s) together with a written explanation of this action and request that a new list(s) be established. The administrator conducting the review shall appoint the chairperson of the review committee. (1) Faculty members from the unit. (a) Deans of college, independent school, or library administration. College advisory committee nominates six. (b) Deans of regional campuses. (i) Faculty council on the campus nominates four. (ii) Regional campus faculty advisory council nominates two from other campuses. (c) Other administrative officers. The regional campus faculty advisory committee will nominate six for the dean of the regional college. In the case of all others, unless specified above, the faculty senate committee on administrative officers will nominate faculty who have involvement with the units programming. (2) Faculty from outside the unit. In each case where the faculty outside the unit are designated, the committee on administrative officers will nominate three senior faculty from outside the unit. These faculty must come from at least two different units. (3) Department chairpersons or school directors. The chairs and directors council will nominate three chairs and/or directors. (4) Deans. The academic affairs administrative council will nominate two Kent campus deans or regional campuses, as appropriate.
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Rule 3342-6-05.4 | Administrative policy regarding performance management for unclassified employees.
(A) Policy. It is the policy of the university to provide unclassified employees with a performance management system, which includes: (1) Job descriptions reflecting a full range of responsibilities as well as knowledge, skills and abilities; (2) Communicated performance standards and goals for the unit; (3) A performance appraisal process as referenced in paragraph (B) of this rule for assessing an individuals ability to meet the units performance standards, perform the job, as well as maintain and acquire knowledge, skills and abilities; and (4) Recognition opportunities. (B) Eligibility. This policy applies to all unclassified full-time or part-time employees with an appointment of six months or more. (1) Align employee performance with units and universitys mission and goals; (2) Enable two-way communication regarding job performance and to periodically re-assess goals and opportunities for the unit and the individual; (3) Establish a mutually-understood set of performance expectations; (4) Recognize contributions of employees; (5) Discuss opportunities for growth and development; and (6) Provide necessary feedback when performance does not meet expectations. (C) Performance appraisal. The performance appraisal process achieves the universitys goals to: (1) Align employee performance with units and universitys mission and goals; (2) Enable two-way communication regarding job performance and to periodically assess goals and opportunities for the unit and the individual; (3) Establish a mutually-understood set of performance expectations; (4) Recognize contributions of employees; (5) Discuss opportunities for growth and development; and (6) Provide necessary feedback when performance does not meet expectations. (D) Performance appraisal standards. Performance appraisal standards acknowledge and reaffirm the universitys commitment to essential behaviors and values expected throughout the organization. For purposes of maintaining consistency and flexibility, the following standards will apply: (1) Every unclassified employee will receive a performance appraisal at least once annually. (2) The appraisal will be in person and summarized in writing, a copy of which is provided to human resources for the employees file. (3) The appraisal will include a discussion of all of the following, but is not limited to these topics. (a) Performance over the past year. (b) Progress on specific goals assigned in the past year. (c) Identification of competencies (knowledge, skills and abilities) that are particularly noteworthy and those that may be developed. (d) One to three specific examples of successful outcomes in performance. (e) Recognition of service to the university that is not normally a function of the job. (f) Discussion of future goals and expectations. (g) Discussion of training needs (to perform current job) or developmental needs (to prepare for future assignments or future appointments). (4) If the unclassified employee has supervisory responsibilities, two additional factors will be added to the review: (a) The ability to attract, retain, and develop a diverse pool of talent. (b) The ability to set and meet goals for the unit. (E) Performance appraisal methodology. Supervisors and employees are encouraged to discuss performance regularly throughout the year, and a written assessment will be completed once per year. Supervisors may use an open interview format, documented in narrative format per the outline as set forth in paragraph (D)(3) of this rule, or select from one of the universitys approved formats from the forms library. Any new formats must be reviewed with human resources prior to implementation. In addition to the requirements above, the following options are available: (1) Employees may prepare a self-assessment on their own or at the request of the supervisor. (2) Employees may submit work product to go with their review. (3) Employees and supervisors may add criteria to the review process that relate to essential parts of the job such as financial performance, process improvement and project management. (4) Supervisors may request support from HR to receive a more complete 360 degree evaluation on their own performance. (5) Deans may solicit faculty feedback in order to prepare other evaluations using an appropriate format. (F) Responsibilities. The following shared responsibilities apply to the on-going administration of this policy. (1) Human resources division: responsible for announcing the review cycle, providing a set of forms, offering training, and monitoring compliance with the review. Human resources is also available for consultation on performance issues during the review period and during the year. (2) Managers and supervisors: responsible for maintaining accurate records on performance throughout the year, scheduling in advance the review interview, meeting with the employee and documenting the evaluation interview. (3) Unclassified employees: responsible for managing their performance throughout the year, monitoring their progress on goals, and identifying areas of improvement in the unit or in their own performance. (G) Alignment with other university policies and practices. The implementation of the evaluation process is linked with other human resources processes to integrate the overall strategy for positive employee relations. Timely and appropriate completion of evaluations will assist in future decisions regarding: compensation, employee re-assignments, interim appointments, affirmative action development plans, succession planning, and waivers of posting. (1) The policy of the university to conduct annual performance updates does not constitute a commitment to future employment. (2) Rule 3342-6-05 of the Administrative Code prevails with regard to the universitys right to continue or terminate an appointment.
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Rule 3342-6-06 | University policy and procedures regarding search procedures for major academic administrative officers.
(A) Purpose. The committee on administrative officers is responsible to the faculty senate and other university bodies and offices for ensuring that the search procedures for major academic administrative officers described herein are followed so that each and every vacancy is appropriately filled to ensure proper university operation. (B) Participation of the committee on administrative officers. (1) Each search committee is responsible for ensuring the confidentiality of its proceedings. The chairperson of a search committee shall consult with the committee on administrative officers as is consistent with necessary confidentiality. (2) The committee on administrative officers will have an opportunity to interview all candidates on the final slate of candidates, and all materials on the candidates qualifications will be made available. (C) Procedures common to all search processes. (1) The membership of each search committee will be established according to the procedures detailed below for each identified administrative officer. When a vacancy occurs below the level of the president, the appropriate academic administrative officer will consult in a timely manner with the appropriate faculty advisory body or the committee on administrative officers about the search process to be followed, the type of search (e.g. internal or external) and the selection of an acting or interim appointee, if necessary. (2) Official notification of a vacancy will be sent to the faculty and other appropriate members of the university community by each search committee. (3) If a designated member of a particular constituency is unable to serve, the committee on administrative officers and the appropriate administrative officer shall arrange for the constituency involved to select a replacement. (4) The job description shall be prepared for each position. For the position of the president, this will be prepared by the board. For each of the other academic officers, it will be prepared by the academic officer and the next higher academic officer. Any job description must be approved by the president. (5) Early in the search proceedings, the committee on administrative officers shall invite suggestions for criteria for the candidates for the position as well as nominations from the full faculty and shall in other ways be responsive to faculty opinion in formulating recommendations to be communicated by representatives. (6) The chairperson of the search committee or his/her designee will be responsible for advertising the position in appropriate publications, for circulating announcements of the opening to whatever other groups may produce interested candidates, in particular groups concerned with fair employment practices, and in general for inviting submissions of candidacy. (7) The appropriate administrative office shall be responsible for supplying the secretarial assistance and the office space and equipment needed by the search committee. (8) The search committee, at the end of its deliberations and through a method worked out by itself, shall produce a slate of no fewer than three and no more than five acceptable candidates for the position, arranged necessarily but possibly in order of preference. The committee shall maintain in reserve a second slate of up to five acceptable candidates that may be drawn upon to fill out the complement of the first slate in the event that at any time there remain fewer than three candidates actively interested in the post. In the event that none of the candidates forwarded by the search committee is ultimately appointed to fill a vacancy below the level of president, the appropriate academic officer will communicate to the search committee the reasons for the decision and the proposed next steps in filling the vacant position. (9) From this final slate of three to five active candidates the president shall make the selection and present it for confirmation to the board. In the case of a search for the president, the search committee shall submit its final slate directly to the board. (D) Search committee procedures. (1) Search committee for president. (a) Composition of the search committee. Since the president of the university as the chief administrative officer must work must work with all constituencies of the institution, it is desirable for the search procedure leading to the appointment to have very wide representation. Nevertheless, all members of a search committee represent the interests of the university as a whole, not merely those of a constituency. A search committee for president should include members from: (i) The board of trustees; (ii) The faculty, including chairpersons; (iii) Administration; (iv) Students, both undergraduate and graduate; (v) Alumni: (vi) And such others as the board may deem necessary at the time. (b) Proportion. The committee membership should be as nearly as possible as follows: (i) Two board members; (ii) Four faculty, including one regional campus faculty member; (iii) Two members of the administration, including one academic dean; (iv) One undergraduate and one graduate student; and (v) One alumnus/alumna. (c) The board will select its members by whatever means it thinks appropriate. It will also select the chairperson of the committee and appoint a staff person to handle collection of material and correspondence. (d) Student members shall be the authorized person to represent the undergraduate student senate and the chairperson of the graduate student senate or designee. (e) The alumni member shall be the president of the alumni association or designee. (f) Faculty members on the search committee shall include the chairperson of the faculty senate, two other faculty members selected by the committee on administrative officers, and a regional campus faculty person selected by the regional campuses faculty advisory council. (g) The members from the administration will be selected by the president s cabinet. (2) Search committee for provost. (a) Composition of the committee. The membership of the search committee should consist of at least fifty per cent faculty. Faculty members should be selected to reflect a balance among the units within the academic community and coordinated with the selections of the vice presidents and deans. (b) Proportion. The committee membership should be as nearly as possible as follows: (i) Six faculty members, including one regional campus faculty member and one departmental chairperson; (ii) One vice president; (iii) One academic dean; (iv) One undergraduate and one graduate student. (v) And such others as the president may deem necessary at the time. (c) Selection. (i) Faculty members on the search committee shall be selected by the committee on administrative officers. (ii) The vice president shall be selected by the president s cabinet. (iii) The academic dean shall be selected by the academic administrative council (AAC). (iv) The regional campus faculty representative shall be selected by the regional campuses faculty advisory council. (v) Student representatives shall be selected by the undergraduate student senate and the graduate student senate respectively. (d) Chairperson of the search committee. The chairperson of the search committee shall be selected by the president after the total membership of the search committee has been identified. (3) Search committee for Kent campus deans. (a) The faculty senate committee on administrative officers and the provosts office will share the responsibility for creating a decanal search committee that is committed to the purposes of the search, to the values of the university and to effective productivity in terms of its charge. (b) Composition of the search committee. The membership of the search committee shall consist of at least fifty per cent faculty. Faculty members should be selected to reflect a balance among the departments or schools represented in the academic unit. (c) Proportion. The committee membership should be as nearly as possible as follows: (i) Five faculty members from the academic unit, including one regional campus faculty member affiliated with the academic unit; (ii) One departmental chairperson or school director, if appropriate. (iii) One faculty member from outside the academic unit; (iv) One academic dean, vice provost, or associate/assistant provost; (v) One undergraduate and one graduate student, if appropriate; (vi) And such others as may be deemed necessary at the time by the collaborating parties. (d) Selection. (i) The provost and other appropriate administrators will communicate with the appropriate faculty bodies to identify and describe the particular needs for representation on the decanal search committee. The committee on administrative officers will communicate with the appropriate faculty bodies in order to determine and represent the interests of the faculty with respect to search committee membership. (ii) Search committee members will be nominated by the following groups. The committee on administrative officers and the provost will collaborate on the final selection. The provost may propose additional members for selection in consultation with the committee on administrative officers if, in his/her opinion, they are needed, and the committee on administrative officers may propose additional members for selection in consultation with the provost if, in its opinion, they are needed. (iii) The relevant faculty bodies and administrative bodies will nominate the following stipulated number of potential search committee members. (a) Six faculty members from the academic unit will be nominated by the appropriate faculty advisory committee. If the academic unit does not have an established faculty advisory committee (e.g., continuing studies, undergraduate studies, etc.) the committee on administrative officers will communicate with appropriate faculty members in order to represent the interest of the faculty with respect to search committee membership. The committee on administrative officers will then nominate six faculty. Four will be selected per paragraph (D)(3)(b) of this rule when applicable. (b) The chairs/directors of the unit will nominate three chairs/directors in the unit. In the case where the unit has no chairs or directors, then the chairs and directors council will be asked for three nominations. [one selected]; (c) The committee on administrative officers will nominate three faculty from outside the academic unit. These faculty must come from two different units. [one selected]. (d) The academic administrative council will nominate three members (an academic dean or assistant/associate/vice provost). [one selected]. (e) The regional campuses faculty advisory council will nominate three regional campus faculty affirmed with the academic unit. [one selected]. (f) The appropriate student advisory bodies will nominate three student representatives each. [one selected from each advisory body; two students]. (g) Chairperson of the search committee. The provost shall consult with the committee on administrative officers in the selection of a chairperson after the total membership of the search committee has been identified. (4) Search committees for vice provosts and for vice presidents reporting to the provost. (a) The faculty senate committee on administrative officers and the provosts office will share the responsibility for creating a search committee and that is committed to the purpose of the search, to the values of the university and to effective productivity in terms of its charge. (b) Proportion. The committee membership should be as nearly as possible as follows: (i) Five faculty members, including one regional campus member; (ii) One departmental chairperson or school director; (iii) One academic dean, vice provost, or associate/assistant provost; (iv) One administrative staff member from a department reporting to the academic officer; (v) One undergraduate and one graduate student, if appropriate; (vi) And such others as may be deemed necessary at the time by the collaborating parties. (c) Selection. The provost and other appropriate administrators will communicate with the appropriate faculty bodies to identify and describe the particular needs for representation on the decanal search committee. The committee on administrative officers will communicate with the appropriate faculty bodies in order to determine and represent the interests of the faculty with respect to search committee membership. (i) Search committee members will be nominated by the following groups. The committee on administrative officers and the provost will collaborate on the final selection. The provost may propose additional members for selection in consultation with the committee on administrative officers if, in his/her opinion, they are needed, and the committee on administrative officers may propose additional members for selection in consultation with the provost if, in its opinion, they are needed. (ii) The relevant faculty bodies and administrative bodies will nominate the following stipulated number of potential search committee members: (a) The committee on administrative officers will nominate six faculty. [Four will be selected per paragraph (D)(4)(b) of this rule]. (b) The chairs and directors council will be asked for three nominations. [one selected]. (c) The academic administrative council will nominate three members (an academic dean or assistant/associate/vice provost). [one selected]. (d) The regional campuses faculty advisory council will nominate three regional campus faculty. [one selected]. (e) Three administrative staff members will be nominated by the provost. [one selected]. (f) The appropriate student advisory bodies will nominate three student representatives each. [one selected from each advisory body; two students]. (g) Chairperson of the search committee. The provost shall consult with the committee on administrative officers in the selection of a chairperson after the total membership of the search committee has been identified.
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Rule 3342-6-07.2 | Administrative policy regarding the compensation plan for classified civil service staff who are not in a recognized bargaining unit.
(A) In accordance with section 3345.31 of the Revised Code, the board of trustees of the university established a new compensation plan for classified civil service staff who are not in a recognized bargaining unit. Effective June 30, 1991, the classification and pay of all covered employees is determined in accordance with the policies and procedures described herein and in the relevant rules of Chapter 3342-6 of the Administrative Code. These policies and procedures define the operation of the compensation plan for covered employees at the university and supersede any and all other classification and pay provisions and understandings, implied or otherwise. (B) Compensation objectives. It is the intent of the university to maintain a compensation plan which: (1) Identifies the essential job duties and responsibilities of positions through written classification specifications. (2) Determines the relative value of classification and positions based on standardized compensable factors. (3) Assigns classifications relative to internal equity based upon the demands and requirements of positions. (4) Establishes pay levels which are competitive in the university's defined labor market and recruiting area. (5) Administers pay in accordance with applicable governmental statutes, rules, and regulations. (6) Recognizes the need to maintain personnel costs within limits necessary to ensure continued financial stability of the university. (C) Administrative responsibility. The administration of the compensation plan is the responsibility of the personnel department; however, ultimate authority and responsibility for the university's compensation objectives, pay structures, and policies rests with the university board of trustees. Major revision in the compensation plan must be approved by this group.
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Rule 3342-6-07.3 | Administrative policy and procedures regarding the classification plan for classified civil service staff who are not in a recognized bargaining unit.
(A) The associate vice president for human resources shall assign all classified civil service employees who are not in a recognized bargaining unit to a classification in the university classification plan for classified civil service staff. (B) A list of classification titles and a classification specification for each classification included in the university classification plan are maintained by the personnel department. The classification specifications document the basic function and responsibility, characteristics job duties, reporting relationships, working conditions, and qualifications for each classification. (C) Each classification is assigned a four digit code. Related classifications, which may form a career progression, are grouped into a classification series. The first three digits of the classification code denote the classification series to which a classification is assigned. (D) The associate vice president for human resources establishes and maintains a comprehensive job evaluation plan. A single point-factor evaluation assessment is used to determine the overall value of each classification and position in relation to other classifications and positions. The evaluation plan includes eleven significant factors used to determine the value of jobs. The eleven factors are: (1) Knowledge required; (2) Experience required; (3) Freedom of action; (4) Mental complexity; (5) Impact of actions; (6) Internal contacts; (7) External contacts; (8) Supervision exercised; (9) Physical effort; (10) Physical work environment; (11) Interpersonal work environment. (E) The associate vice president for human resources determines, or his/her designee, may initiate and make continuing audits, inspections, and investigations of classified positions. When the associate vice president for human resources determines that a position is improperly classified, the position will be reallocated to the proper classification within the compensation plan. (F) Following implementation of the classification plan contained herein, no classified employee shall be reduced by reassignment to a classification with a lower pay grade or to a lower compensation rate. However, voluntary written agreement by an employee to a demotion or reduction shall be considered a satisfactory basis for such action, subject to approval by the associate vice president for human resources. (G) Newly created positions may be assigned to a classification and pay grade by the associate vice president for human resources before the position can be filled. To initiate the classification of a new position, a position description questionnaire (PDQ) must be completed and submitted, with all the required signatures, to the personnel department, in accordance with the procedures described in paragraph (I) of this rule and the Administrative Code. (H) Once a position has been classified, it will remain in that classification unless there are substantial changes in the requirements and responsibilities imposed on the position. It is the responsibility of each department head to ensure employees function within the expectations of their assigned duties and responsibilities of a classified position, to the extent that it would impact upon the classification assignment of a position, is delegated to each respective vice president/provost. No dean, director, department head or supervisor shall assign duties and responsibilities justifying a pay grade higher than the current pay grade without prior written approval from the appropriate vice president/provost. (I) If substantial changes do occur, the incumbent or department head may initiate a request for a classification review in accordance with the procedures described below. Such a request for a classification review in accordance with the procedures described below. Such request may not be submitted more than once every twelve months for the same position. Classification reviews will not be performed on positions of probationary incumbents or incumbents for which layoff or displacement is under consideration. (J) Procedures for requesting a classification review: (1) A request for a classification review must be submitted to the compensation unit with a completed position description questionnaire (PDQ). The content of the position description questionnaire (PDQ) must be certified by the incumbent and the supervisor, and routed for a review and signature by other administrative supervisors in the reporting channel up to and (including the vice president/provost) before it is submitted to the compensation unit. If the position is vacant, it is the responsibility of the supervisor to complete, certify the content, and route the position description questionnaire (PDQ). (2) Upon receipt of the completed position description questionnaire (PDQ), including all appropriate signatures, a notice will be sent to the department head/college dean and executive officer to whom the position is charged. The compensation unit then will conduct an audit and evaluation of the position. After gathering any supplementary data necessary to achieve a detailed understanding of the position, which may include telephone or on-site interviews with the incumbent and supervisor(s), the position will be evaluated in conformity with the job evaluation plan. The position will be assigned to the most appropriate classification as indicated by the information and statements submitted regarding duties currently performed. (3) The audit and evaluation process shall be completed when the associate vice president for human resources approves the classifications assignment and written notification of the result is sent to the department head and the incumbent (if applicable). If the audit indicates a need to reclassify the position, a summary will be delivered to the executive officer to whom the position is charged. (4) Upon receipt of the audit summary, the executive officer to whom the position is charged will either approve the position reclassification or not approve the position reclassification. If the executive officer approves the position reclassification, the effective date will be the first day of the pay period immediately following written notification of the classification change. In such case that the position reclassification is not approved, the employee will be paid for work conducted and returned to the established position for which they are currently classified. A written outline will be issued by the compensation unit detailing those duties currently being undertaken by the employee that must be eliminated so as to conform with the current classification. (K) Appeals process: (1) Should the incumbent disagree with the classification decision by the compensation unit, a written appeal may be submitted to the classification appeals committee. The appeal must be signed by the incumbent, and received by the associate vice president for human resources within ten working days of the issuance of the written notification. However, the incumbent cannot appeal the their executive officer's decision to not approve the position reclassification, as set forth in paragraph (J)(2) of this rule. (2) The classification appeals committee will meet as necessary to consider appeals. The committee will consist of five to seven members selected and appointed by the vice president for human resources from the university's classified civil service and unclassified administrative staff. The committee will be chaired by the manager of compensation or his/her designee. (3) An employee with a pending appeal will be notified when the classification appeals committee will meet, and will have opportunity to submit factual job information for the committee's consideration. (4) The classification appeals committee will either reaffirm the classification assigned or forward to the associate vice president for human resources a recommendation specifying the basis of fact and judgment upon which the committee considers the results of the classification review to be erroneous. (5) The associate vice president for human resources will consider the action of the committee and notify the affected parties of his/her decision. The effective date of an appeal determination will remain the first day of the pay period immediately following the date of the original letter of notification. (6) An incumbent whose appeal has been denied through the university appeal process may submit an appeal to the state personnel board of review within thirty calendar days after receiving notice of the results of the university appeal process.
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Rule 3342-6-07.4 | Administrative policy and procedures regarding the hourly pay schedule for classified civil service staff who are not in a recognized bargaining unit.
(A) Kent state university uses a pay grade structure to establish appropriate compensation parameters for classifications. Each classification is assigned to a pay grade in the hourly pay schedule for classified civil service staff. The hourly pay schedule consists of pay grades, each with a minimum and maximum rate. The minimum is the established rate for an employee starting in a new job. The maximum is the highest rate the university currently allocates for each classification. (B) The pay structure is designed to recognize appropriate competitive practices and internal equity considerations for the university. The effectiveness of the pay schedule will be reviewed at regular intervals by the personnel department. Necessary adjustments will be made, subject to subsequent approval, in order to ensure the pay schedule remains sufficiently competitive within the appropriate labor markets to facilitate effective recruitment, retention, and motivation of classified staff. (C) The payroll schedule for all employees paid according to this policy is biweekly, with amounts computed on an hourly basis. (D) Hiring pay rates. (1) A new employee will be hired at the minimum rate established for the pay grade of his/her classification unless otherwise provided in this policy. (2) If the university is unable to recruit sufficient qualified employees at the minimum rate for a particular classification, the personnel department may advertise an increased starting rate of pay for a particular classification. The increased starting rate cannot exceed the established minimum rate by more than fifteen per cent. (a) Any increase in the starting rate above the minimum rate must be approved by the director of personnel prior to posting the position. (b) An increase in the starting rate of classification may be limited to the university Kent campus or to one or more regional campuses. Decisions may be made on a geographical basis and will affect only those campuses designated in the posting. (c) If a starting rate is increased for a classification, all incumbents in that classification employed at the affected campus, who are paid at a lesser hourly rate of pay, shall be advanced in pay to a rate equal to the new starting rate. (E) Pay maximums. The maximum rate of pay is the upper limit for the classification(s) assigned to a pay grade. An employee's hourly rate of pay normally shall not exceed the maximum of the pay grade assigned to his/her classification except as provided herein. If, upon implementation of a new compensation plan, an employee's existing rate of pay exceeds the maximum rate for his/her classification, the employee's rate is "red circled." (F) Pay adjustments. The need for and amount of a general pay adjustment for employees covered by this policy or for adjustment in the pay schedule, will be assessed by the university on an annual basis. Pay adjustments will be determined by the board of trustees. When approved, all employees covered by this policy will receive general pay adjustments normally applied to the employees' base pay. (G) Impact on pay as a result of changes in compensation plan or classification. (1) When an employee is reassigned to a different classification title and/or pay grade as the result of the implementation of a new compensation plan, or a revision in the compensation plan, the following will apply: (a) No employee will receive a reduction in hourly rate as a result of implementation or revision of the university compensation plan. (b) When an employee's hourly rate of pay is below the minimum rate for the newly assigned pay grade, the employee's hourly rate will be adjusted to the minimum of the new pay grade. (c) When an employee's hourly rate is above the established maximum rate for the newly assigned pay grade, the employee's rate will be "red-circled" in accordance with paragraph (E) of this rule and of the Administrative Code. (2) When an employee is promoted or reassigned, as a result of a reclassification review, to a classification in a higher pay grade, the employee's hourly rate of pay will be increased to the minimum hourly rate of pay for the new pay grade or to a rate five per cent above the employee's current hourly fate, whichever is greater, but not exceeding the maximum rate of the new pay grade. (3) When an employee is demoted, reassigned, or assigned to a classification in a lower pay grade, the employee's hourly rate of pay shall be adjusted to a wage rate within the pay range of the lower pay grade deemed appropriate by the director of personnel. (4) When an employee is transferred, assigned, or reassigned to a position or classification i the same pay grade, the employee's hourly rate of pay will not be affected. (5) When an hourly employee in the unclassified service is appointed to a position in the classified service, the employee's hourly rate of pay in the new position shall be determined in the same manner as if he/she had been is the classified service. (6) The effective date of pay changes, as a result of classification changes, shall be determined by the director of personnel, unless provided otherwise in this policy. (H) Exempt/non-exempt status. All employees paid according to this policy shall be considered non-exempt form wage and hour overtime requirements described in rule 3342-6-07.9 of the Administrative Code unless specifically exempted form coverage by the director of personnel. The director of personnel may designate as exempt from these overtime provisions, specific positions that meet the exemption requirements defined in the Fair Labor Standard Act. (I) This policy is effective for all determinations made on or after September 1, 2009.
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Rule 3342-6-07.6 | Administrative policy regarding supplemental pay for classified and unclassified hourly civil service staff.
(A) Purpose. The university authorizes the compensation office to oversee a supplemental pay program in order for the university to be responsive to organizational needs and changing circumstances. While it is not the practice of the university to assign employees work that is outside of their classification, this policy enables the university to pay classified employees for the purposes listed in the this policy, while maintaining the integrity of the classification and salary administration plans. (B) Eligibility. All nonrepresented classified and unclassified hourly civil service staff are eligible. (C) Procedure. (1) Basis for supplemental pay. Following consultation with the compensation office, managers may recommend supplemental pay for the purposes listed in this rule. (a) Temporary working level pay adjustment. Whenever an employee is required to perform duties not indicated in the classification specification for the employees position, but representative of a classification with a higher pay grade assignment, normally because of a temporary absence or vacancy, and such assignment is for a continuous period of more than two weeks, but less than six months in any twelve month period, the employee shall be eligible for a temporary working level pay adjustment. The employees current classification title will not be affected by this supplemental. The temporary working level pay adjustment may result in a rate of pay exceeding the maximum for the pay grade of the employees current classification. This supplement shall increase the employees hourly rate of pay to the greater of: (i) The minimum hourly rate of pay for the higher level position; (ii) A percentage increase above the employees current hourly rate (not to exceed the maximum of the pay grade of the higher classification) as recommended by the department head in consultation with the compensation office. (b) Skill/knowledge-based adjustment. When a particular position requires a proficiency such as a foreign language, Braille, or sign language, or requires a specific, measurable or certifiable knowledge or skill, it may be appropriate to recognize employees who satisfy the particular requirement with a continuing pay supplement. (i) This supplemental pay may increase the employees hourly rate of pay as recommended by the department in consultation with the compensation office and appropriate executive officer. (ii) Earning will be determined through consultation with e compensation office and based on the complexity of the skill/knowledge, market information, and budgetary issues. The employee will be eligible for this ongoing adjustment to his/her base rate of pay for as long as those circumstances remain. (c) Adjustment for additional complexity of assignment. There may be times when an employee is required to perform duties within the employees classification but work in circumstances that place additional complexity in the employees work making the employee eligible for supplemental pay. The amount of the pay adjustment will be determined by recommendation of the department head in consultation with the compensation office and the approval of the appropriate executive officer. (i) The employee will be eligible for this ongoing adjustment to his/her base rate of pay for as long as those circumstances remain. These circumstances are expected to be ongoing rather than temporary in nature (e.g. to cover a co-workers scheduled vacation.). Examples of such circumstances are: (a) An assignment that requires the employees to perform the same job or type of work for two or more units. While the essential position responsibilities remain the same, the increase is for coordination of activities and additional breadth and scope of responsibilities. (b) An assignment that requires the employee to perform the core duties of his/her current classification plus varied duties of other classifications at the same or higher pay grade, but not substantial enough to warrant reclassification. (ii) Recognition of achievement. A one-time lump-sum payment may be made to an employee to recognize the successful accomplishment of a significant, but temporary project. The amount will not be included in the employees base rate of pay, nor be considered when applying any type of increase percentage to the base rate of pay. Overall performance will be considered before this type of payment is made. This process must involve a written recommendation and consultation with the compensation officer. The vice president for human resources and the appropriate executive officer must approve any payment of this type in advance before the payment is processed and the amount communicated to the employee. (2) Supplemental pay will be determined and awarded according to the following guidelines: (a) The requesting unit will submit a "Supplemental Pay for Classified Employee Request Form" to the vice president for human resources. (b) Requests must be submitted in a timely manner and in cases of paragraphs (C)(1)(a), (C)(1)(b), and (C)(1)(d) of this rule, be reviewed with the compensation office prior to assigning a classified employee any work that is not consistent with the employees classification. (c) Normally, the amount of supplemental pay will be calculated as a percent of the regular hourly rate, rounded to the nearest whole cent except where a one-time lump-sum payment may be appropriate. (d) The supplemental pay amount will not become part of the employees base pay rate. (e) All payments are subject to the appropriate taxes and other payroll deductions.
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Rule 3342-6-07.7 | Administrative policy regarding employees paid on a salary basis.
(A) Purpose. It is the universitys intent to comply with all requirements of the Fair Labor Standards Act (FLSA). All supervisors and managers, therefore, are only authorized to make proper deductions from the salaries of exempt employees. Furthermore, it is also the universitys intent to inform employees of this policy and ensure them that the university does not allow deductions that violate the FLSA. (B) Eligibility. The policy applies to all unclassified full-time salaried employees who are paid on a salary basis. Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period. (C) Implementation. (1) The predetermined amount cannot be reduced because of variations in the quality or quantity of the employees work. Subject to exceptions listed below, an exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked. (2) Exempt employees do not need to be paid for any workweek in which they perform no work. (3) If the employee is ready, willing and able to work, deductions may not be made for time when work is not available. (4) Deductions from pay. Examples of circumstances in which the university may properly make deductions from pay include the following: (a) For absences from work for one or more full days for personal reasons other than sickness or disability. (b) For absences for one or more full days due to sickness or disability if the deduction is made in accordance with rule 3342-6-11.3 or 3342-6-11.1 of the Administrative Code. (c) To offset amounts employees receive as jury or witness fees in accordance with rule 3342-6-11.5 of the Administrative Code. (d) For military pay in accordance with rule 3342-6-11.6 of the Administrative Code. (e) For unpaid disciplinary suspensions imposed in good faith for workplace conduct rule infractions. (f) In the initial or terminal week of employment, if the employee does not work the full week. (g) For penalties imposed in good faith for infractions of safety rules of major significance. (h) For weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act. In these circumstances, either partial day or full day deductions may be made. (5) Improper deductions. If an employee believes that an improper deduction has been made from his/her salary, the employee should immediately report this information to his/her direct supervisor, or contact the records office to initiate a review. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee will be promptly reimbursed for any improper deductions made.
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Rule 3342-6-07.8 | Administrative policy regarding additional compensation for university employees.
(A) Individuals may receive compensation over and above the usual contractual payment up to a maximum of twenty per cent of the academic year salary or summer session salary, whichever is appropriate, when the monies come from: extramural sources, regional campuses for Kent campus faculty, the Kent campus for regional campuses faculty and continuing education activities; and when the activity is one which clearly is not normally expected under the terms of principal employment and does not interfere with the typical teaching, research and service functions of the faculty member. (B) Related to but somewhat separate form the above is the question of abnormally severe teaching assignments during the summer terms. If such an assignment occurs in which the faculty member is expected to serve well beyond that usually expected in a full on-campus load of eight to ten hours, the faculty member may be compensated on his or her normal summer session contract at a rate in excess of the one-sixth of the nine-month salary for one five-week term. An example of such activity would be responsibility for the supervision of field trip activity. Any rate in excess of the usual rate must be approved by the collegial dean and vice president for academic and student affairs or designee. (C) In addition to teaching and research the university is deeply committed to the public which it serves. Continuing education workshops and seminars play a prominent role in its service function. Such workshops are usually funded by fees charged to the participants, or by governmental or private grants or payments to the university agency supervising the activity. Faculty participation in such activity is not normally covered by the standard nine-month academic year contract nor by the usual summer teaching appointment, and thus participating faculty may be compensated for participation over and above the usual contractual payments. (D) For those Kent campus faculty members teaching in the regional campuses, compensation will count toward the twenty per cent limitation. (E) Individuals may not be compensated out of usual university funds for an occasional lecture given in a colleagues's class. Such activity will be viewed as part of the regular academic year or summer session assignment. (F) Regional campus part-time teaching by Kent campus twelve-month contract personnel. (1) Individuals holding twelve-month contracts on the Kent campus are permitted to teach occasionally at regional campuses. (2) Under no circumstances may such teaching interfere with the individual's regularly assigned duties. (G) Summer employment of faculty. (1) Faculty members who are employed and are to be paid for regular summer classes or form workshops, research projects or institute accounts, are to be regularly appointed through proper channels. This requires the processing of the usual recommendations by the department chairperson to the dean of the college. Such monies may not be paid under a single requisitioning process unless the appointments have been made. (2) To insure coordination, future applications for research, institutes and similar grants will require an accompanying certification from the department chairperson and dean that space, equipment and personnel needs have been arranged for adequately. (H) Intra-university consulting. Sharing one's expertise with the university community in an on-campus setting is normally considered part on one's usual workload and no compensation beyond regular contractual salary is expected or permitted. Intra-university consulting for a fee is an unusual situation and is expected seldom to occur. But in situations where demonstrable effort over and above normal workload occurs, additional compensation can be earned when the consulting or presentation is across departmental lines or involves a separate or remote operation, and has prior written approval of the office of the appropriate dean or vice president. Prior approval of the funding agency and the research office is required when grant funds are the source of compensation.
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Rule 3342-6-07.9 | Administrative policy regarding overtime, overtime pay, compensatory time off and call-back pay for classified and unclassified hourly civil service staff members.
(A) Purpose. The university will pay eligible employees who work outside their regular work schedule fairly and equitably and in compliance with the Fair Labor Standards Act. (B) Eligibility. This policy applies to university employees not covered by existing collective bargaining agreements and codifies the pay practices associated with working overtime. Those employees who are members of recognized units for collective bargaining purposes will be governed by the provisions of formal agreements between the recognized bargaining agent and the university. This policy does not apply to unclassified exempt employees, including full- and part-time faculty and exempt hourly staff. (C) Procedures. (1) Overtime. The standard work week for full-time non-exempt university employees shall be forty hours. When a non-exempt employee is required by his/her supervisor to be in active pay status for more than forty hours in any calendar week, the employee shall be compensated for such time over forty hours at one and one-half times the employees rate of pay. (a) All overtime must be authorized by the properly designated administrative authority. Unless an employee has specific approval to work outside their normal work schedule, the employee is requested to work overtime by the supervisor, that time must be recorded through the normal timekeeping process. Overtime registered on a timecard must be approved by the supervisor in order to be considered for payment. By approving the entry, the supervisor acknowledges that the time was worked by the employee in carrying out the operation of the department. (b) The overtime rate will be one and one-half times the employees established hourly rate, including applicable pay supplements. (c) Non-exempt employees who work overtime will receive overtime pay at the conclusion of the next succeeding pay period unless the employee has submitted a request to take compensatory time off. (2) Compensatory time off. An employee who is entitled to overtime pay may choose to take compensatory time off in lieu of cash payment, providing the employee makes such a request through the normal timekeeping process during the week in which the overtime is worked. An employee who does not promptly indicate a desire to take compensatory time off will automatically receive overtime pay. (a) Compensatory time will be granted at the rate of one and one-half hours of time off for each hour of overtime worked. Compensatory time may be accrued up to a maximum of one hundred twenty hours (eighty hours of overtime actually worked). When an employee exceeds this maximum accrual rate, any additional overtime hours will be automatically paid at the conclusion of the next succeeding pay period at the rate of one and one-half time the employees rate of pay. (b) An employee may request payment for compensatory time even if the maximum accrual rate has not been reached. The accrued compensatory time will be paid at the employees regular hourly rate of pay at the time of the payout. (c) Compensatory time off must be taken at a time mutually convenient to both the employee and the supervisor. A non-exempt employee must request compensatory time off using the university leave request form. Such request is subject to the approval of the department supervisor and will normally be granted unless the absence disrupts or places undue hardship on departmental operations. All accrued compensatory time must be used before an unpaid personal leave of absence is granted. (d) All accrued compensatory time will be paid to an eligible employee upon termination of employment at the employees regular rate of pay at termination. (e) Compensatory time may not be used during any scheduled work period in order to earn overtime, holiday pay or additional compensatory time or in any other way that has the effect of compounding pay. (3) Overtime for hours worked on a holiday. When an employee is required by his/her supervisor to work on a day observed as a holiday, the employee shall be entitled to pay for such time worked at one and one-half times his/her total hourly rate of pay, in addition to any eligible holiday pay. (4) Call-back pay. An employee is eligible for call-back pay when directed by his/her supervisor to report for work and all the following conditions apply: (a) There is not a prearranged schedule. (b) The time is not immediately preceding or following the regular work schedule. (c) Extenuating or emergency circumstance requires the immediate services of an employee. (d) The employee shall receive a minimum of four hours of pay at his/her regular hourly rate. Total hours over forty shall be compensated in accordance with the overtime provisions. (5) The university may designate as exempt from these overtime provisions specific positions, the duties of which are executive, administrative or professional in nature. The standards that are established for exemption must be fully satisfied and verified by the compensation office in order for an employee to qualify for exempt status.
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Rule 3342-6-07.10 | Administrative policy regarding salary adjustments for administrators assuming regular faculty positions.
(A) When an administrator with a faculty appointment assumes a full-time position as a member of the regular teaching faculty, the salary for this appointment should reflect appropriate compensation for the individual's rank, academic credentials, experience, and potential contribution to the university; the salary previously earned is not to be a factor in determining the new salary. (B) Consonant with established consultative procedures, the department or school to which the former administrator is assigned shall, through its chairperson, director, or dean, recommend a salary commensurate with the individual's rank and credentials. This figure should include increments which would normally have accrued had the individuals' service been exclusively as a member of the teaching faculty. The figure may also include recognition of meritorious university achievement, or academic achievement or both. The salary assigned for the new position must be approved by the provost or the president, as appropriate.
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Rule 3342-6-07.11 | Administrative policy regarding service achievement award for classified civil service staff.
(A) To recognize employee commitment to the university, a service achievement award is established. Full-time and part-time permanent employees, including recognized bargaining unit employees and those employees having seasonal appointments, will receive this award in the form of a cash payment once every five years, according to the following schedule: (1) University service category, five years; service achievement award, $250. (2) University service category, ten years; service achievement award, $500. (3) University service category, fifteen years; service achievement award, $750. (4) University service category, twenty years; service achievement award, $1,000. (5) University service category, twenty-five years; service achievement award, $1,250. (6) University service category, thirty years; service achievement award, $1,500. (7) University service category, thirty-five years; service achievement award, $1,750. (8) University service category, forty years; service achievement award, $2,000. (9) University service category, forty-five years; service achievement award, $2,250. (B) For the purpose of this policy, a part-time permanent employee is defined as an employee whose regular hours of work are less than forty hours a week. Employees serving in temporary or intermittent positions are not eligible for the award, and do not accrue service time toward this award. Kent state university employees separating from the university due to retirement, and later returning as new hired into an eligible continuous, part-time or full-time, classified assignment, are not eligible for this award. (C) Effective the thirtieth of June 1991, employees are eligible to receive this award following the anniversary date the employee celebrates each fifth year anniversary. Anniversary dates are based on continuous classified service with the university. Approved leaves-of-absence of less than a year are not considered a break in service for award purposes. The university retains the right to modify or terminate this award program at any time without prior notice.
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Rule 3342-6-08 | University policy regarding the compensation of adminstrative and professional salaried employees.
(A) Purpose. Kent state university seeks
to attract, retain, motivate, and reward its employees commensurate with its
mission, strategic goals and financial resources. The universitys
compensation practices must be responsive to the availability of resources,
internal job relationships, and external market considerations. In order to
provide an efficient and effective system for achieving these objectives, the
university, through the division of human resources, shall maintain a
compensation plan for administrative and professional salaried positions in all
division of the university. This plan will incorporate a pay grade structure
and administrative policies and procedures governing compensation
practices. (B) Eligibility. The compensation plan
shall provide parameters for determining base pay for all administrative and
professional salaried positions of the university. Excluded from the plan are
positions with the following types of appointments. (1) Hourly classified
appointments. (2) Faculty
appointments. (3) Appointments covered
by a collective bargaining unit. (4) Student
appointments. (5) Graduate
assistantships and teaching fellowships. (C) Implementation. To incorporate the
principles of internal equity and external competitiveness, the plan is
intended to meet the following minimum standards: (1) Provide for external
competitiveness by offering salaries that are reflective of base pay for
comparable positions in the appropriate external labor market. The competitive
strategy is to offer salaries at one hundred percent of the relevant market,
both in terms of structure (pay ranges) composition and base pay
administration, recognizing that resources may not always be sufficient to
accommodate that position. (2) Provide for internal
equity by utilizing a quantitative assessment tool that considers relevant job
factors to evaluate the relative value of a job. (3) Assign all positions
to pay grades that reflect their relative values to the university based on a
combination of relevant market data and internal job evaluation. (4) Provide flexible but
consistent administration, allowing for reasonable and justifiable pay and
assignment exceptions. (5) Communicate base pay
practices to affected employees, in a manner that will facilitate their
understanding of pay grade level, salary, and movement within the
structure. (6) Develop and maintain
a systematic performance evaluation program. (7) Operate according to
all legal and contractual requirements.
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Rule 3342-6-08.1 | Administrative policy and procedures regarding the compensation of administrative and professional salaried employees.
(A) Policy statement. The board of trustees delegates the
authority for the administration of the administrative and professional base
pay program .to the vice president for human resources. Notwithstanding the
foregoing, the board of trustees reserves its rights under section 3341.04 of
the Revised Code and other rules in Chapter 3342 of the Administrative Codes as
may be applicable. (B) Responsibility and authority. (1) Job descriptions for administrative and professional
salaried positions shall be maintained by the compensation department.
Appointing authorities shall report any changes in job descriptions to include
job duties, functions, and/or minimum requirements to the compensation
department before such functions or duties begin, or before such minimum
requirements are imposed. (2) Final base pay determinations shall not be communicated
to the current or prospective employee without the approval of the division of
human resources. (C) Implementation. (1) Salary structure. The salary structure provides a
framework for determining and administering base pay for administrative and
professional salaried positions. The key parameters of this structure are the
pay grade, the pay grade midpoint and the salary range. (a) Pay grades and the
assignment of jobs to those grades reflect significant, relative differences in
positions across and within the divisions of the university. (b) The salary range
midpoint represents the university's desired competitive position relative
to the external market and the differences between pay grade midpoints are
sufficient to provide continuing incentive for promotion to higher positions.
(c) The salary range
spread, which covers the distance from the pay grade minimum to the pay grade
maximum, is sufficient to allow recognition of individual development and
performance improvement. The progression of an employee's pay within a pay
range is normally dependent upon job performance. The minimum and maximum of
each pay range represent the minimum and maximum values, respectively, to the
university of all jobs assigned to that particular salary range. (d) Employees shall be
paid at least the minimum salary for their position, provided that the minimum
requirements of that position are met. (e) Normally, employees
will not be paid more than the maximum of the range established for their
position. The president of the university must approve any salary above the
salary range maximum. (f) Salary structures
shall be reviewed periodically to maintain internal equity and external
competitiveness. Recommended revisions will be presented to the board of
trustees for approval. When adjustments are needed to maintain competitive
levels, a revised salary structure will be established. Adjustments to the
salary structure as a whole will not change the pay grade assignments of
individual positions. Revisions in the salary structure will not result in
automatic across-the-board increases in individual compensation for
employees. (2) Assigning a position to pay grade. Each position will
be assigned to a pay grade based upon a combination of an internal job
evaluation and external market reference, where available and
appropriate. (a) Job evaluation. The
job evaluation process determines the relative positioning of jobs. This
process is a quantitative method of evaluating and grouping jobs based on
similarities of specific factors and the extent to which each factor is present
in the job. (b) Job evaluation
factors. The factors that are typically considered in evaluating
administrative/professional jobs are: (i) Knowledge and experience; (ii) Complexity and creativity; (iii) Institutional impact; (iv) Communication and collaboration; and (v) Leadership and supervision. (c) Job titles and
descriptions. Positions that involve substantially the same kind of work,
equivalent levels of complexity and responsibility, and require comparable
qualifications and experience will be grouped into the same job title. A job
title assigned to each job will be used for official university purposes.
Departments may use a different, functional title for internal purposes,
provided it is not an official university job title for another position and
does not indicate an inaccurate hierarchical position. The job description that
includes the official job title, the purpose of the job, examples of job duties
and the qualifications of the job. Job descriptions are written in a generic
manner using an established format for consistency and applicability throughout
the university, and are not meant to be inclusive of every task that might be
assigned to a job. (d) New job descriptions.
With approval from the appointing authority to whom the position is charged, a
department head or designee may request the creation of a new job title and
description by submitting a draft job description to the compensation
department. A job evaluation of the position in accordance with paragraph
(C)(2) of this rule, a comparison to similar positions already in the pay plan,
and relevant market data will be considered in determining the title and pay
grade for a new description. (e) Changes in job
descriptions. Whenever the content of an existing description is changed
significantly, the department head or designee, with approval from the
appointing authority to whom the position is charged, may submit job
description revisions to the compensation department. Ordinarily, when changes
in duties and responsibilities having a substantive impact on the nature and
scope of the position have changed, a reevaluation of the pay grade is
appropriate. (3) Base pay determination. An equitable and effective
compensation plan requires that base pay decisions be rationally based on
performance, relevant market considerations, internal equity and funding
availability. The provisions in this section concern positioning an
employee's pay rate within the pay range, adjusting salaries and approving
salary actions. All actions described in this section must be reviewed and
approved through the applicable approval process before they are communicated
to the affected or prospective employee. Any salary increases shall be
effective the first day of the pay period once the transaction has been
reviewed and approved through the applicable approval process. Retroactive
increases will be rare and will require approval by the appointing
authority. (a) New-hire pay rate.
New employees must meet at least the minimum qualifications for a position and
should be hired at a salary no less than the minimum and no greater than the
midpoint. When a candidate possesses outstanding related qualifications or
experience, or unusual conditions that have put a premium on particular skills,
a salary above the midpoint, but below the maximum may be offered upon the
approval of the compensation department as supported by vice president for
human resources. Any disagreement will be resolved through the vice president
for human resources and the appointing authority. When salaries above the
maximum of the applicable pay range are requested, approval must be obtained
from the president. All new hire pay rates must be approved by the compensation
department. Salary amounts shall be determined by: (i) The experience and education of the applicant in
relation to the advertised job qualifications; (ii) Salaries being paid to current employees in that job or
similar jobs; (iii) Salaries being paid to current employees in that pay
range; (iv) Salaries paid in the appropriate external market;
(v) Salaries of employees to be supervised; and
(vi) Funds available. (b) Changes in pay
grade. (i) Promotion. A promotion is the movement of an employee
to a job of greater responsibility and scope and in a higher pay grade than the
one to which the employee is presently assigned. When a promotion is made, a
promotional increase within the pay range of the new job will normally be
granted. The new salary should be at least the minimum of the new pay range and
normally may not exceed the new range maximum. The compensation department will
recommend the proposed salary increase before a final base pay determination is
communicated to an employee. In determining these increases, the following
factors may be given consideration: (a) The extent of the change in duties and
responsibilities; (b) The qualifications and experience of the employee
relative to the position requirements; (c) Position of the promoted employee's current salary
in the new pay range; (d) The relationship of the promoted employee's new
salary to the salaries of other employees in the same position and in the same
and surrounding pay grades; (e) The relationship of the promoted employee's rate
to the supervisor's rate and the rates of the employees they will
supervise; (f) Salary history of the employee; (g) The number of pay grades the employee is moving; and
(h) External market data. (ii) Movement to a lower pay range. Movement to a position
in a lower pay grade will typically result in a reduction of salary to an
appropriate position within the new salary range. This process must involve
consultation with human resources, general counsel and the appointing
authority. All such moves must be approved in advance by the vice president for
human resources and the appointing authority, to include discussions about the
salary decrease effective date. In all cases, an employee's salary must be
reviewed in consultation with the compensation department before a final base
pay determination is made. An attempt will be made to maintain peer salary
equity. In determining the extent of a salary reduction, the following factors
may be considered: (a) The qualifications and experience of the employee
relative to the job requirements; (b) Position of the employee's salary in the new
salary range; (c) The relative position of the employee's salary to
the salaries of the other employees in the same and surrounding pay
grades; (d) The number of pay grades the employee is moving;
(e) The employee's performance and qualifications in
relation to the performance and qualifications of others in the same job;
(f) The reason and origination of the movement; or
(g) Performance history. (iii) Lateral movement. A lateral movement is defined as the
movement of an employee from one job to another job in the same pay grade as
the one to which the employee's current job is assigned. Normally, the
salary of an employee who moves laterally will not change. (iv) Status changes. If a position changes from part-time to
full-time status or vice-versa, a change in the full-time equivalent pay rate
will normally not occur. Consult with the compensation department on pay rates
associated with status changes. (c) Annual salary
increases. Although, it typically occurs annually, the board of trustees has
final authority over the timing and aggregate amount of the annual salary
increase pool. The vice president for human resources will provide specific
guidelines regarding the timetable and distribution of individual salary
increases. (i) When determining the aggregate amount of the salary
increase pool, the following factors shall be given consideration:
(a) Market data; (b) Economic indicators; (c) Salary planning projections; and (d) Availability of funds. (ii) This type of salary increase will be awarded on the
basis of the employees job performance. The performance of each employee
will be evaluated at least annually and more frequently, if appropriate.
(iii) The amount of any proposed and approved meritorious
performance increase is normally applied to the employee's base pay.
(d) In-range
adjustments. (i) A modest increase may be recommended by the
compensation department if an employee has demonstrated the acquisition of new
competencies or if the positions responsibilities have increased in
complexity and these changes are not enough to warrant reassignment to a higher
pay grade. The amount of the increase will generally be in the range of four to
six percent of the employees base salary. Job-related advanced degrees
earned while employed at the university will not be considered as the sole
basis for a request for an in-range adjustment. (ii) Other circumstances that might warrant an in-range
adjustment may be related to one or more of the following: (a) An employee's salary is substantially low compared
to that of employees in equivalent positions with comparable duties,
performance history, qualifications, experience and length of
service. (b) To recognize the long-term merit of an individual where
two or more individuals may have similar years of service, but whose
performance records have been distinctly different. (c) To address gender and/or race inequities which may
exist. (d) To recognize service/experience prior to arriving at
Kent state. (e) To acknowledge the strategic value of a
position. (f) To maintain external competitiveness, particularly in
high demand, low availability jobs. (iii) All in-range adjustments must be reviewed and
recommended in consultation with the compensation department and approved by
the appointing authority to whom the position is charged before it is
communicated to any affected employee(s). (e) Incentive pay. A
documented, defined incentive pay plan designed to award achievement to
specific, measurable results can be developed in consultation with the
compensation department and approved by the vice president for human resources
and the divisional appointing authority. (i) Incentive pay is administered through a formal,
approved plan document with specific, predefined performance goals and
quantifiable measurements during a predefined period of time. The payment
amount is also specified in the plan document and payable upon achieving the
predefined goals. (ii) The plan document shall include the
following: (a) Plan objectives; (b) Eligibility requirements; (c) Measurable goals; (d) Period of time the incentive is effective; (e) Employee performance standards; (f) When the incentive payment will be made;
and (g) Approval signatures from: eligible employee, department
head, department fiscal or budget officer, vice president for human resources
and divisional appointing authority (iii) Incentive pay payments must be approved before
communicating to an employee. Incentive pay payments are not considered part of
an employee's base salary. (f) Lump sum payments. A
one-time payment may be made to an employee to recognize the successful
accomplishment of a significant, but temporary project that is deemed strategic
in nature by the university. The amount will not be included in the
employee's annual base salary, nor be considered when applying any type of
increase percentage to the base salary. Overall performance will be considered
before this type of payment is made. This process must involve consultation
with the compensation department and the appointing authority. Any payment of
this type must be approved in advance by the vice president for human resources
and the appointing authority before the amount is communicated to the employee.
The "supplemental pay request form" should be submitted to the
compensation department to request this type of payment. (g) Temporary and interim
assignments. Each position consists of core duties and responsibilities that
the incumbent regularly performs. However, a job description and those core
duties and responsibilities do not define the limits of what is to be performed
in any position. The volume, flow and nature of an employee's work could
change periodically and for a limited period of time. The university expects
that employees will adapt to the changes and accept the responsibility for new
and different functions even if they are part of a job in a higher pay grade.
Normally, there will be no adjustments to an employee's base pay under
those limited circumstances. Permanent changes to the composition of a job are
addressed in paragraph (C)(2)(e) of this rule. The "Supplemental Pay
Request Form" should be submitted to the compensation department to
request additional payment for temporary and interim assignments. (i) Temporary or interim assignment. Nevertheless, the
university recognizes the need to compensate an employee who is performing
duties of a higher pay grade beyond a normal period of time. The requesting
unit must consult with the compensation department if additional compensation
is being considered for an employee. In determining whether an assignment is a
temporary or interim assignment, consideration shall be given to following
factors: (a) Duration of the assignment; (b) Scope of the responsibilities; (c) Continuation of current duties and responsibilities;
and (d) Additional compensation in comparison to the salaries
of others in similar positions. (ii) Temporary assignment. This is defined as employees who
are temporarily assigned duties and responsibilities of greater complexity in
addition to those outlined in the current job description. An employee who is
assigned duties and responsibilities of more complexity in addition to those
outlined in the current job description should receive an increase based on an
evaluation of the additional assigned duties by the compensation department.
Normally, the employee's base pay plus the temporary salary adjustment
should not exceed the minimum of the pay grade to which the higher position is
assigned. Typically, the temporary increase should be no less than five percent
and should not exceed ten percent of current salary. The duration of the
temporary assignment should be at least three months. The amount of the
increase may be related to base salary but not added to base salary. The
requesting unit must consult with the compensation department to determine the
appropriate amount of additional compensation. (iii) Interim assignment. Employees who are temporarily
transferred to a vacant position in an acting capacity should receive
additional compensation from the date of assignment if such assignment is in
excess of three months. An employee who assumes a vacant position with a higher
pay grade in an acting capacity should receive a temporary increase in salary
to the minimum of the range for the higher position or an increase typically
not to exceed ten per cent of current salary, whichever is greater. The
increase should be no less than five per cent of current salary. The requesting
unit must consult with the compensation department to determine the appropriate
amount of compensation. Expectations should be clearly identified at the
beginning of the assignment regarding the duration and the candidacy of the
interim position incumbent. The amount of the increase should be related to
base salary but not added to base salary. (D) Appeals of salary, pay grade or title. The appointing
authority may request an independent review by the vice president for human
resources for appeals to salary, pay grade or title recommendations made by the
compensation department.
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Rule 3342-6-09.1 | Administrative policy and procedures regarding tuition benefits.
(A) Policy Statement: It is the policy of the university to support the education of employees and their dependents and to include the costs associated with that education as part of the total compensation package of the employee. Therefore reasonable access shall be given to Kent state university coursework as approved by the supervisor and the administrator for this program. Education access is a valuable benefit but cannot be transferable, exchanged, or paid for through other funds of a unit. Access shall be approved, monitored, and audited in accordance with standard procedure for all other benefits according to paragraphs (A)(1) and (A)(2) of this rule. (1) Tuition benefits in the form of fee waivers are granted to full-time university employees, as defined in paragraph (B)(1) of this rule, and their spouses, domestic partner and/or dependent children and selected part-time employees, as defined in paragraph (B)(2) of this rule. (2) The manager of university benefits shall be the reviewing authority concerning eligibility requirements. (B) Definition of employee. (1) A "full-time employee" for purposes of eligibility regarding this benefit is defined as one who normally works a minimum of forty hours per week on a regularly scheduled basis. This includes permanent seasonal employees and regular, full-time, annual contracted faculty and administrative staff. Military personnel and their spouses and dependents who are assigned for regular duty as members of the ROTC staff are eligible, during the duration of their Kent state university assignment. (2) A "part-time employee" for purposes of eligibility regarding this benefit is defined as follows: (a) An eligible part-time faculty member is one who is appointed to a teaching position with faculty rank in a department for at least one semester or summer session. (b) An eligible part-time classified or unclassified administrative employee is one who has worked a minimum of one thousand two hundred fifty hours within the previous twelve months. (3) Former employees as a result of a separation for any reason other than recognized retirement must have active service of not less than thirty days within the semester their termination of employment or reduction of hours become effective to be eligible for tuition waiver for the complete semester. Any period less than thirty days will either constitute removal from classes through university exit or the full semester tuition payment must be made to the bursar's office in order to continue classes. Persons in temporary layoff or furlough status from a seasonal position shall continue to be eligible through their layoff or furlough periods. (C) Benefits for individual employees. (1) Eligibility. (a) Tuition benefits are available to eligible employees of the university who have been employed on a full-time status for one semester or its equivalency of one hundred twenty days. (b) Military personnel who are assigned for regular duty as members of the ROTC staff are eligible for tuition benefits during the duration of their Kent state university assignment. (c) Tuition benefits are available to eligible part-time faculty, classified, or unclassified administrative employees for a maximum of four credit hours per semester. (d) Retired full-time employees who had at least ten years of continuous full-time service with the university and would satisfy the eligibility requirements for retirement benefits under the OPERS traditional plan or the STRS defined benefit plan are eligible for complete tuition benefits, including employees who retired under an alternative retirement plan. (e) Disabled inactive employees must have completed a total of five years of full-time employment with the university and be qualified for disability payments from the long term disability plan, OPERS or STRS to be eligible for tuition benefits to continue. Any full-time employee who is on an authorized leave of absence for temporary disability shall be eligible for tuition benefits for the duration of the leave. (f) Full-time employees as well as spouses, domestic partners, and dependent children of full-time employees on authorized leaves of absence are eligible for tuition benefits if the employee otherwise meets the eligibility requirements in paragraph (C)(1)(a) of this rule. (2) Utilization. (a) Each full-time employee may take coursework for which he or she is academically eligible, provided it does not conflict or interfere with normal hours of employment or other university policies or regulations. (b) Tuition benefits are not available for any coursework in the college of podiatric medicine or podiatric program. (c) Under special circumstances, such as the unavailability of a required course after normal working hours, an employee may be permitted to take one course per semester or summer session during working hours. However, satisfactory arrangements must be made both to make up the time missed and to adequately cover the employee's responsibilities. Written approval must be obtained from the employee's appropriate supervisor. (d) Tuition benefits for individual employees are in the form only of a waiver of all instructional and general fees at the university for any credit course or program for which the employee is academically qualified. (e) These benefits can be used for enrollment in an off-campus or international program for which university academic credit is received and for which tuition and fees are collected and retained by the bursar of Kent state university. (f) Tuition benefits cannot be transferred or received in any form other than a waiver of fees; for example, a student receiving a tuition benefit from another source may not exchange the benefit provided by this policy for cash or any other consideration. (g) Part-time faculty members are eligible to use the four-hour waiver during the semester the part-time faculty member teaches or the following semester, with summer terms taken at the option of the part-time faculty member. There will be no carryover of partially used tuition waivers or accumulation of credit hours from one period to another. (h) Graduate students who have been assigned to a part-time faculty appointment may substitute their four-hour fee waiver for up to fifteen hours of dissertation credit, not to exceed the original cost of the four credit hours, when authorized by the appropriate graduate dean. (3) Amount of benefit. (a) The tuition benefit is limited to the waiver of the full amount of instructional and general fees normally charged for any program of studies up to and including eighteen credit hours of study per semester or its equivalent for summer or special sessions. Overload, admission, matriculation, parking, bus, special course fees, and all other fees are excluded from this benefit. (b) The out-of-state surcharge, if applicable, will be waived. (D) Benefits for employee's spouse, domestic partner, and dependent children. (1) Eligibility of dependent children. Dependent eligibility is based on date of hire of the eligible employee. (a) For full-time faculty hired prior to August 16, 2005, dependent children eligibility is defined in paragraph (D)(1)(h) of this rule. (b) For full-time faculty hired on or after August 16, 2005, dependent children eligibility is defined in paragraph (D)(1)(i) of this rule. (c) For full-time represented members of the AFSCME bargaining unit hired prior to May 1, 2007, dependent children eligibility is defined in paragraph (D)(1)(h) of this rule. (d) For full-time represented members of the AFSCME bargaining unit hired on or after May 1, 2007, dependent children eligibility is defined in paragraph (D)(1)(i) of this rule. (e) For all other full-time staff employees hired prior to May 1, 2007, dependent children eligibility is defined in paragraph (D)(1)(h) of this rule. (f) For all full-time staff hired on or after May 1, 2007, dependent children eligibility is defined in paragraph (D)(1)(i) of this rule. (g) The tuition benefit is only available to spouses, domestic partners, and dependent children, including stepchildren and legally adopted children, of full-time employees upon completion of the employees eligibility period. This benefit is also applicable to dependent children under the legal guardianship of the employee. Tuition waiver benefits are available to spouses and dependent children of deceased, disabled or retired employees when the employees meet the eligibility requirements defined in this policy. Other relatives, such as father, mother, niece, nephew, sister, brother, and so forth, are not eligible to participate in this program. (h) Children under twenty-eight years of age who are dependent for more than fifty per cent of their financial support from parents are eligible for tuition waiver. Children who reach their twenty-eighth birthday during the academic semester in which they are currently enrolled will be allowed to complete that semester. (i) Children under twenty-five years of age who are dependent for more than fifty per cent of their financial support from parents are eligible for tuition waiver. Children who reach their twenty-fifth birthday during the academic semester in which they are currently enrolled will be allowed to complete that semester. (j) Spouses and dependent children of military personnel who are assigned for regular duty as members of the ROTC staff are eligible for tuition benefits during the duration of the staff members Kent State University assignment. Dependent children are subject to the limitations of either in paragraph (D)(1)(h) or (D)(1)(i) of this rule based upon the date the staff members assignment at Kent state university begins. (k) Tuition benefits will be continued for spouses or dependent children of employees who die while actively employed full-time at the university and have served at least eighteen months of continuous university service and are either eligible for a survivor benefit, or who retired on disability from OPERS or STRS. This applies to the spouse or dependent children who are receiving tuition benefits at the time of the employees death. (2) Utilization. (a) Tuition benefits for spouses, domestic partners, and/or for dependent children of full-time employees are in the form only of a waiver of all instructional and general fees at the university for any credit course or program for which the beneficiary is academically qualified. (b) Tuition benefits are not available for any coursework in the college of podiatric medicine or podiatric program. (c) These benefits can be used for enrollment in an off-campus or international program for which university academic credit is received and for which tuition and fees are collected and retained by the bursar of Kent state university. (d) Tuition benefits cannot be transferred or received in any form other than a waiver of fees; for example, a beneficiary receiving a tuition benefit from another source may not exchange the benefit provided in this policy for cash or any other consideration. (e) Tuition benefits can be used in conjunction with other forms of financial aid, providing the beneficiary is eligible under federal, state and university laws and regulations for that aid as determined by the director of financial aid. (3) Amount of benefit. (a) The tuition benefit is limited to the waiver of the full amount of instructional and general fees normally charged for any program of studies up to and including eighteen credit hours of study per term or its equivalent for summer or special sessions. An employee must initiate an application for tuition waiver in behalf of their spouse, domestic partner, or dependent no later than thirty days after the first day of classes. Refunds of fees which were paid prior to submission of the fee waiver application will be processed only if the fee waiver form was received within the time frame previously stated. Overload, admission, matriculation, parking, bus, special course fees, and all other fees are excluded from this benefit. (b) The out-of-state surcharge, if applicable, will be waived. (E) Exclusions. (1) Tuition benefits cannot be used for the spouses, domestic partners, and dependent children of those who have graduate and research assistantships or fellowships. In addition, an employee's dependent fee waiver cannot be substituted for a tuition scholarship offered by a university department in conjunction with a graduate and research assistantship or fellowship. (2) Tuition benefits cannot be used for enrollment in non-credit courses or credit courses which are audited. (3) Any employee who fails to initiate an application for tuition waiver within thirty days after the first day of classes and makes any tuition payments will not receive a refund for that semester or any previous semester. (F) Application procedures. (1) Official application forms for these benefits are available from the benefits office of the human resources department. Applications should normally be completed three weeks prior to the registration date for the semester in which the benefit is to be used and returned to the benefits office for verification of employment and dependent eligibility approval. (2) For full-time faculty and staff, applications are submitted only once for the entire tenure of employment as long as the employee, spouse, domestic partner, or dependent continues to enroll in active classroom study. (3) Part-time faculty and staff must apply for tuition benefits prior to each semester or summer session for which tuition benefits are requested. (4) For full-time faculty and staff, tuition waiver benefits will be automatically canceled following a three-year period where the student does not exercise his or her privilege to attend classes. A renewal of the fee waiver must be reestablished by formally submitting a new application. A verification of eligibility will be made by the benefits office, which will also cancel waivers upon an employee/dependent's ineligibility. (5) Employees who have completed the one-hundred-twenty-day equivalent period after date of hire may apply for the waiver even after a semester has started. The application process must be completed prior to the end of late registration. (G) Exceptions. (1) Exceptions to any provision of this rule will be determined by the president of the university or the presidents designee upon submission of appropriate written documentation, establishing the reasons for the request. (2) Any exception or waiver granted by the president is based on a case-by-case analysis. All decisions will be final and not considered a precedent for future requests.
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Rule 3342-6-09.2 | Administrative policy regarding to employee assistance program.
(A) Purpose/mission. The effectiveness of the university depends on the effectiveness of its faculty and staff. The Kent state university employee assistance program (EAP) is a free and confidential service designed to help retain and restore employees who have job performance problems or are likely to as a result of personal difficulties. (B) Scope. Areas of personal difficulty include, but are not limited, substance abuse, financial, legal, emotional, psychological, family, marital, stress, bereavement and other types of personal problems. (C) Eligibility. The program is available to faculty, staff and immediate family members wishing to discuss concerns about themselves, family members, or other aspects of their life. (D) General guidelines. (1) Participation in the program is voluntary and a request for help with personal problems will not jeopardize employments and/or promotional opportunities. (2) Administrators/supervisors are encouraged to make a referral to the EAP when they have reason to believe personal difficulties may be influencing the productivity of their department or interfering with the well-being of an individual. (3) Utilizing the employee assistance program is not meant to replace existing administrative or disciplinary procedures. (4) Faculty and staff are expected to correct any substandard performance whether or not they use the program. (E) Methods. A professional third-party provider is contracted to: (1) Offer confidential assessment interviews that clarify the nature of the personal problem(s) and referring to prescreened public and private community resources for further evaluation or on-going assistance; (2) Provide training programs for supervisors and administrators on the functions and services provided by the employee assistance program including how and when to refer; (3) Offering individual consultations with supervisors and administrators regarding concerns about an individual's well-being and/or performance; and (4) Provide on-going educational programming through the distribution of pertinent literature and/or the scheduling of speakers. (F) Confidentiality. EAP records and discussions are confidential. Information held by the contractor may only be released under the following circumstances: (1) An individual signs a consent form requesting the employee assistance program staff release certain information to certain individuals; (2) A medical emergency arises requiring information necessary to assist with an individual's care; (3) Where child abuse/neglect is suspected by or reported to the employee assistance program staff; or (4) Where release is required by law, e.g., an individual is perceived by the EAP staff as being of danger to themselves or others. (G) Access. Faculty, staff and family members have direct access to the program or, in the case of faculty and/or staff, a supervisor/administrator may assist with the scheduling of an appointment. (1) It is not the responsibility of the administrator/supervisor to know how to assess or solve employee personal problems. A referral to the FSAP should be made rather than an attempt to diagnose or treat any personal problems that are brought to their attention. Recognizing that there is a performance deficiency, that it may be related to outside influences and that is free, confidential and professional help available is how the administrator/supervisor can best serve the interest of the employee and those of the university. Hesitating to recognize and discuss declining performance may only prolong the substandard performance and personal difficulties. (2) The contractor will make services available to employees on a twenty-four-hour, seven-day basis. (3) It is the right of every employee to use the employee assistance program without fear of reprisal or retaliatory action. (H) Organization. The manager of university benefits or designee will be the universitys liaison to the contractor. The program may receive guidance from an advisory committee.
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Rule 3342-6-09.3 | Administrative policy and procedures regarding holidays for administrative contract and unrepresented hourly classified employees.
(A) Holiday observance. (1) The following holidays will be observed annually by administrative, professional, and nonacademic employees: (a) First of January; (New Year's day). (b) Third Monday in January; (Martin Luther King Jr. day). (c) Third Monday in February; (presidents' day). (d) Last Monday in May; (memorial day). (e) Fourth of July; (independence day). (f) First Monday in September; (labor day). (g) Second Monday in October; (Columbus Day). (h) Eleventh of November; (Veterans Day). (i) Fourth Thursday in November; (Thanksgiving Day). (j) Twenty-fifth of December; (Christmas Day). (k) And any other days so designated by an act of the president of the United States and/or the governor of the state of Ohio. (2) University offices and departments will normally be closed and classes will not be scheduled on each of the indicated holidays. (3) Specific observance dates are announced in the university calendar. Holidays indicated on the third Monday in January, the third Monday in February, and the second Monday in October may be rescheduled by the university for observance on other days. (4) If a holiday falls on a Sunday, it will be observed on the following Monday. If a holiday falls on Saturday, it will be observed on the preceding Friday. (B) Necessary services. When the university is closed in observance of a holiday, it is essential that certain necessary or essential services be maintained. When an unrepresented employee required by his/her responsible administrative authority to work on a holiday the following provisions will apply: (1) Administrative contract employees. When an unclassified contract employee is required to be present for duty on a day otherwise recognized as a legal holiday, that employee may take a compensatory day off at a time mutually agreed upon by the employee and his/her supervisor. Under no circumstances will an administrative contract or professional appointee receive additional pay for a holiday upon which he/she is required to perform services. (2) Classified employees. A full-time employee, regardless of his/her work shift or schedule, is automatically entitled to holiday pay for the number of hours he/she is normally scheduled to work at his/her regular rate of pay. A part-time employee is entitled to holiday pay for that number of hours for which he/she would normally have been scheduled to work. (C) Holidays during leave. (1) If a holiday occurs during a period of paid sick or vacation leave, the employee will draw normal holiday pay and will not be charged for sick leave or vacation. (2) An employee must be in active pay status for the entire scheduled work day immediately preceding the holiday to receive holiday compensation. (3) A full-time employee with a work schedule other than Monday through Friday is entitled to eight hours of pay for any holiday observed on his/her day off.
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Rule 3342-6-10 | University policy regarding retirement.
Effective:
January 1, 2019
(A) Salary deduction. (1) It is mandatory that tenured, tenure track, and
non-tenure track faculty holding membership within a bargaining unit
participate in either the state teachers retirement system of Ohio (STRS) or a
qualified alternative retirement plan (ARP). (2) It is mandatory that full-time classified staff and
unclassified administrative staff participate in either Ohio public employees
retirement system (OPERS) or a qualified ARP. (3) Faculty, classified staff, and unclassified staff
retirement contributions (the deferred salary) are calculated on with each
payroll. The deferred salary is forwarded by the university to the appropriate
retirement system to be applied on behalf of the employee. The university makes
an additional contribution. Current contribution percentage amounts are
available from the university benefits office. (4) Pamphlets containing information on the STRS, OPERS,
and ARP retirement plans are available in the benefits office or on the
universitys human resources website. (B) Defined contribution plans. (1) The senior vice president for finance and
administration shall establish a committee, consisting of no more than five
individuals, that shall be responsible for the oversight of administrative
activities and investment matters concerning university-sponsored defined
contribution retirement plans, including the ARP, 403(b), and 457(b) plans.
(2) A written charter shall be developed concerning the
operation of the committee. (3) The committee may, as appropriate, utilize an
investment advisor. (4) The committee shall, among other things, develop an
investment policy statement. (5) The committee shall, based on the plan documents and
investment policy statement: (a) Select and monitor
plan recordkeepers and investment advisors. (b) Determine that the
plans are operated in a manner consistent with the applicable plan
documents. (c) Identify the
investment goals and objectives of the plans. (d) Establish the process
for selection of investment offerings. (e) Specify the procedure
for measuring investment performance, including a review of fees and other
features of offerings. (f) Outline the procedure
for terminating and replacing funds determined to be underperforming.
(g) Address other matters
as appropriate.
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Rule 3342-6-10.1 | Administrative procedure regarding early retirement of regular full-time members of the faculty.
(A) The decision to retire is an individual matter. Faculty members should first determine their retirement status and options with the state teachers retirement system. The university's staff benefits office will provide, upon request, information and advice regarding the state teachers retirement system's rules and regulations. (B) The university, through the offices of the vice president for faculty affairs and personnel, the director of personnel, and the associate vice president for the extended university, will provide informal advice and council to any regular full-time faculty member who wishes to examine the possibilities of early retirement. (C) After determining their retirement status with the state teachers retirement system, Kent campus faculty members interested in early retirement may initiate the process by writing to the chairperson, with copies sent to the dean and vice president. Regional campus faculty members may initiate the process by writing to the campus dean with copies to the associate vice president and the vice president, and the courtesy copies to the chair and college dean. (D) The conditions of an early retirement agreement are subject to mutual assent by the faculty member and the university. For Kent campus faculty, the office of the vice president for faculty affairs and personnel will receive recommendations from the chairperson and dean before determining whether or not the university wishers to authorize the agreement. For regional campus faculty, the office of the associate vice president for the extended university will receive recommendations from the campus dean and make an independent recommendation to the vice president for faculty affairs and personnel. (E) The following guidelines have been established for the development of early retirement agreements with members of the faculty. (1) An early retiree may be offered a part-time appointment up to a half-time load for a designated number of years. Normally, such agreements are for a period of one to five year. (2) An early retiree's part-time appointment may be for any part of an academic year or semester or summer term. (3) Depending on the load factor of the part-time appointment, an early retiree is eligible to receive up to forty-seven per cent of his or her base salary at the time of retirement. (4) In agreements of longer that one year's duration, the base salary of the early retiree will be adjusted proportionately according to the same percentage amount of any across-the-board salary increase given to regular full-time members of the faculty. (5) An early retiree who is on the graduate faculty, may continue as a graduate faculty member if offered a part-time appointment. The status of the retiree's graduate faculty appointment is subject to review at the time of the retiree's departmental graduate faculty review. (6) Upon the recommendation of the chairperson and the dean (for Kent campus faculty) or of the associate vice president for the extended university (for regional campus faculty), the early retirement agreement will be prepared by the office of the vice president for faculty affairs and personnel and submitted to the prospective retiree for the review and acceptance.
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Rule 3342-6-11.1 | Administrative policy and procedures regarding sick leave for salaried unclassified employees including faculty.
Effective:
December 3, 2018
(A) Policy. It shall be the policy of
the university to provide paid sick leave for its employees in accordance with
the provisions of sections 124.38 and 124.39 of the Revised Code. (B) Crediting and charging of sick
leave. (1) Salaried full-time appointees earn sick leave at a rate
of one and one-quarter day (ten hours) for each completed month of eligible
service. Part-time appointees earn sick leave at a comparable rate
proportionate to the percentage of full-time eligible service. (2) Hourly full-time appointees earn sick leave at a rate
of 4.64 hours per completed pay period. Part-time hourly appointees earn sick
leave at a comparable rate proportionate to the percentage of full-time
eligible service. (3) Sick leave credit is also earned while appointees are
in active pay status on sick leave or vacation. (4) Service eligibel for earning and using sick leave is
restricted to assignments up to but not exceeding a full-time load under
appointment for the academic or fiscal year, or for any regular academic term,
that is, spring or fall semesters or the ten-week summer session. Additional
appointments, which include those beyond a full-time during the regular
academic terms, those which fall between terms, and continuing educational
assignments are not eligible for earning or using sick leave. (5) Sick leave may be accrued while an individual is on
sabbatical or paid research leave, but shall not be earned or charged during an
unpaid leave. (C) Utilization. (1) Sick leave is charged
in minimum units of of fifteen minutes and should be recorded in teh
appropriate timekeeping system for time absent from work. Employees are charged
for sick leave only after days upon which they would otherwise have been
scheduled to perform service to the university. (2) If an employee is ill
on a day recognized as a legal holiday, salary will continue and be considered
holiday pay and no charge will be made against accumulated sick
leave. (3) A continuous period
of sick leave commences with the first day of absence and includes all
subsequent work days until the employee returns to work. During any seven-day
period, the maximum number of days of sick leave charged against any employee
shall be five. (4) Sick leave will be
granted to employees, upon approval of the appointing authority, for the
following reasons: (a) Illness or injury of the employee or a member of the
employee's immediate family; (b) Death of a member of the employee's immediate
family; (c) Medical, dental or optical examination or treatment of the
employee or a member of the immediate family; (d) When, through exposure to a contagious disease, either the
health of the employee would be jeopardized or the employee's presence on
the job would jeopardize the health of others; and (e) Disability due to pregnancy and/or childbirth and related
conditions. Upon request, a pregnant employee shall be permitted to use any or
all of the employee's accumulated sick leave credit only for the period of
time that the employee is unable to work as a result of pregnancy, childbirth,
or related medical conditions. This period may include reasonable pre-delivery,
delivery, and recovery time as certified by a licensed physician. An employee
using sick leave credit shall not be prevented from receiving a leave of
absence without pay for the remainder of the recovery period. (See rule
3342-6-11.3 of the Administrative Code and this register). (5) Definition of
"immediate family": mother, father, brother, sister, child,
step-child, step-parent, spouse, domestic partner, grandparent, grandchild,
mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law,
sister-in-law, legal guardian, or other person who stands in place of a
parent. (6) Where sick leave is
requested to care for a member of the immediate family, the supervisor,
department chairperson or university benefits may require a physician's
certificate to the effect that the presence of the employee is necessary to
care for the ill person. (7) Sick leave granted by
reason of death in the immediate family will not exceed five working
days. (8) Where conditions
warrant, a limit of five days may be allowed for the care of the
employee's wife and family during the post-natal period. (9) An employee who
becomes eligible for workers' compensation payment for the loss of time
may choose to use sick leave before such payments are made. Continuation in
active pay status through use of sick leave usually will provide greater
advantage. (D) Reporting and recording. (1) All sick leave absence requests must be submitted to
the employee's supervisor in advance of the date the leave is to begin,
when the necessity for leave is foreseeable. If the need for leave is not
foreseeable, the employee must provide notice as soon as possible. (2) Sick leave records will be retained by human resources
records, and academic personnel as applicable, and will be available for review
by the employee during normal working hours. (E) Transfer of sick leave credits. An
employee who transfers from one public agency to another, or who is reappointed
or reinstated, or who transfers from one state department to another shall,
upon reentering and submitting certified evidence of accumulated sick leave, be
credited with the unused balance of accumulated sick leave, provided the time
between separation and reappointment does not exceed ten years. The words
"public agency" as used above include the state, counties,
municipalities and all board of education within the state of Ohio. The amount
of sick leave transferred to state service shall not be greater than the
maximum accumulation which would have been allowed if all public employment had
been in the state service. (F) Conversion of sick leave upon
retirement. (1) An employee may elect
to be paid for one-fourth of the accrued but unused sick leave credit upon
meeting the following requirements: (a) Upon retirement from university employment, whether from the
public employee or teacher retirement system of Ohio, or through an approved
university alternative retirement plan; and (b) If the employee has accrued ten or more years of active
service with the university, state of Ohio and/or any of its political
subdivisions. This payment will be based upon the
employee's rate of pay at the time of retirement. Upon accepting such
payment, all sick leave credit accrued up to that date will be
eliminated. (2) Such payment will be
made only once to any employee. That is, an employee who returns to university
or other state service after retiring may accrue and use sick leave as before,
but may not convert the unused sick leave at the time of a second separation
from the university. (3) The maximum payment
allowed will be one-fourth of one hundred twenty days (two hundred forty
hours). Sick leave conversion does not apply to any termination or separation
other than retirement. (G) Conversion of sick leave upon death
of employee. (1) If an employee dies
while actively employed by the university, and had ten or more years of state
service, payment for one-fourth of the accrued by unused sick leave to his or
her credit will be made in accordance with paragraph (G)(3) of this rule. This
payment will be based upon the employee's rate of pay at the time of
death. (2) The maximum payment
allowed will be one-fourth of one hundred twenty days (two hundred forty
hours). (3) The cash conversion
of unused sick leave credit shall be paid in accordance with section 2113.04 of
the Revised Code (release of decedents's wages without administration), or
to the estate of the decedent. (H) Employees failing to comply with sick
leave rules and regulations will not be paid for sick leave days requested.
Application for sick leave with intent to defraud will result in dismissal and
refund to the university of salary or wage paid during such sick
leave.
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Rule 3342-6-11.2 | Administrative policy regarding conversion of sick leave.
(A) Policy statement. The university recognizes that employees may need to be absent from their regularly scheduled work hours for a variety of circumstances not covered under the policy governing paid sick leave. Eligible employees may convert accrued sick leave to other types of paid leave subject to the terms set forth below. A maximum of forty hours (five days) (twenty-four hours/three days for part-time employees) may be converted each fiscal year. (B) Conversion to personal leave. (1) Definition. Personal leave is converted from sick leave at the time it is used. It is intended to cover absences due to mandatory court appearances, legal or business matters, family emergencies, unusual family obligations, weddings, religious holidays, community service leave or any other personal matter. (2) Eligibility. All classified and unclassified administrative and professional employees with continuing appointment not represented by a collective bargaining unit are eligible to convert accrued sick leave to paid personal leave, so long as they retain a balance of at least one hundred twenty hours (sixty hours for part-time employees) of accrued sick leave. (3) Utilization. Personal leave may be requested in minimum units of one-half day. Employees are expected to request personal leave in advance. The employee should submit a leave form to the immediate supervisor indicating the date, time and purpose of the leave. If the employee is unable to submit a request with reasonable notice in advance, the employee should follow standard procedures for reporting time off due to illness. Personal leave will not be granted without the approval of the supervisor. (a) Leave balance. The requesting employee must maintain a minimum balance of one hundred twenty (sixty hours for part-time employees)hours of accrued unused sick leave in order to convert sick leave to personal leave. (b) Calculation of overtime. Paid personal leave does not count toward forty hours of regular paid time in determining when an hourly classified employee is eligible for overtime. (c) Maximum. An employee may convert a maximum of forty hours (five days) (twenty-four hours/three days for part-time employees) of sick leave to personal leave in any fiscal year. (C) Conversion to vacation. (1) Eligibility. All classified and unclassified administrative and professional employees with continuing appointment not represented by a collective bargaining unit are eligible to convert accrued sick leave to vacation during the month of September each year so long as they have a balance of at least five hundred hours (two hundred fifty hours for part-time employees) of earned unused sick leave and they do not have a current accrued balance of vacation more than the maximum allowed in paragraph (D)(1) of rule 3342-6-11.7 of the Administrative Code.
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Rule 3342-6-11.3 | Administrative policy regarding leave of absence for temporary disability.
Effective:
December 3, 2018
(A) Policy statement. A leave of absence may be granted
upon written request for a period not to exceed six months when an eligible
classified or unclassified staff member requests leave for an extended absence
due to illness, pregnancy or temporary disability. The staff member shall
furnish satisfactory medical proof of such illness, pregnancy or temporary
disability. (B) Illness, pregnancy, childbirth, related conditions and
temporary disability. Upon written request, a staff member shall be granted a
leave of absence subject to the following provisions: (1) Length of leave. Leaves of absence shall be limited to
the period of time that the staff member is unable to perform the substantial
and material duties of their position. This period also involves one during
which the staff member is under the care of a physician, and with certification
by a licensed physician, and the leave will not exceed six months. Such leave
shall not include time being requested for purposes of child care following the
recovery from disability, as provided in rule 3342-6-11.10 of the
Administrative Code. (2) Physicians certificate. A staff member
requesting a leave of absence must present, at the time the request is made, a
licensed physicians certification stating the probable period for which
the staff member will be unable to perform the substantial and material duties
of the position due to illness, pregnancy or temporary disability.
Documentation will not be required if the employee is hospitalized at the time
the leave of absence is to begin, but may be required upon release form the
hospital. Recertification by the health care provider may be required
periodically. (3) Sick leave usage. Upon request and in accordance with
the rules governing use of sick leave, a staff member shall be permitted to use
any or all of the accumulated sick leave credit for the period of time, as
certified by the licensed physician that the staff member is unable to work as
a result of illness, pregnancy or temporary disability A staff member
exhausting available leave shall not be prohibited from receiving a leave of
absence without pay for the remainder of the period as defined in paragraph
(B)(1) of this rule. (C) A
statement by the staff members physician regarding fitness to perform
essential job duties is a prerequisite to return to work following the
expiration of leave following illness, pregnancy or temporary disability. Upon
receipt of this statement by the appointing authority, the staff member will be
restored to their former classification, provided the staff member is capable
of performing the normal assigned duties. (D) The university will continue healthcare and related
coverage and fee waiver benefit provided for the eligible employee's
benefit program until the unpaid leave is terminated or for a duration of six
months, whichever occurs first, when such leave is for child care, temporary
disability, or to care for a member of the employee's immediate family. If
the leave is without pay and if monthly coverage contributions were required
prior to the leave period, the employee must make arrangements with the
university benefits office to continue those contributions during the leave.
Healthcare and related coverage and the tuition fee waiver benefit may not be
continued if the employee is granted a leave of absence for reasons not
included in paragraphs (B)(2) and (B)(3), of this rule. Coverage may be
continued by the employee by paying the total monthly premiums pursuant to
COBRA. Arrangements for such coverage should be made with the university
benefits office prior to the leave of absence. (E) The length of continuous leave, whether paid or unpaid,
as described in this policy, shall not in any event exceed six months.
(F) Request for extensions thereof must be requested thirty
days in advance of the date the leave is to end, when the necessity for the
extension is foreseeable or otherwise as soon as possible. The request for an
extension of temporary disability leave must be submitted to the appointing
authority for approval. (G) Leaves described in this policy, if granted, will run
concurrently with other applicable leaves.
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Rule 3342-6-11.4 | Administrative policy regarding paid leave donation.
(A) Policy statement. It is the university s policy to permit classified and unclassified administrative and professional employees to contribute earned sick and vacation leave to other employees who are without sufficient paid leave to provide continued income during employees medically-documented serious health condition. Pursuant to paragraph (B)(4) of rule 3342-6.11.11 of the Administrative Code, a medically documented, serious health condition is described as a catastrophic injury, life-threatening impairment or physical or mental injury or illness which totally incapacitates the employee from work for a long-term duration. (B) Definitions. Serious medical hardship or catastrophic illnesses or injury includes conditions which severely impact the health of the employee and requires absence from work. These conditions must also meet the eligibility for the Family and Medical Leave Act. Conditions that are short term in nature such as colds, flu or minor injuries are not generally considered catastrophic. Some examples would include: (1) Cancer. (2) Major surgery. (3) AIDS. (4) Serious accident. (5) Heart attack. (6) Hospice care. (7) Other serious or life-threatening illnesses. (C) Eligibility. All full- and part-time classified and unclassified administrative and professional employees with appointment are eligible to contribute paid leave or receive donated leave, so long as they meet the specific criteria established in this rule. (D) Implementation. (1) Donation of leave to another employee. Employees may donate accrued hours of sick or vacation leave directly to another employee during a calendar year. For the purposes of this policy, a calendar year shall be from January through December. The maximum hours of earned sick or vacation an employee can donate to an eligible employee during a calendar year may not exceed the following amounts: (a) Sick leave. In order to donate earned sick leave to another employee, an employee must have an accrued balance of greater than thirty days (two hundred forty hours). Employees may contribute a maximum of eighty hours of their accrued sick leave above two hundred forty hours in any twelve-month period. (b) Vacation leave. An employee may contribute a maximum of eighty hours of earned vacation leave to another employee per twelve-month calendar year. (c) Employees separating from the university may only donate the maximum amounts for the calendar year as noted in paragraphs (D)(1)(a) and (D)(1)(b) of this rule which is eighty hours. (2) Use of leave donated by another employee. Eligible employees may receive and use continuous or intermittent leave donation in amounts equivalent to a maximum of sixty days per calendar year for each approved disability. In order to be eligible to receive leave donated by another employee, an individual must meet the following criteria: (a) Have no remaining accrued sick, comp or vacation leave within one full payroll cycle (usually ten business days). (b) Have completed probationary period, where appropriate and at least one year of service. (c) Have no prior record of disciplinary action related to the abuse of leave time or absenteeism on record prior to the need for donated leave. (E) Procedures. (1) Application to receive donated leave. An employee who is absent from work due to a medically documented serious health condition as described in paragraph (A) of this rule and who has exhausted all accrued sick, comp and vacation leave may apply to receive donated leave using the following procedure: (a) The employee must follow the normal leave reporting procedure of completing a leave of absence form, including a specific a reason consistent with paragraph (D)(2)(a) of this rule. The form must be approved by the immediate supervisor and submitted to the benefits office. (b) The employee must voluntarily communicate in writing to the manager of university benefits their willingness to accept donated leave time. This acceptance will authorize the benefits office to include the employee s name on a list of employees in need of donated leave. It is strongly recommended that the employee provide an estimate of the duration of the period for which donated leave is needed. (2) The benefits office will maintain a posting accessible to all employees of those individuals who have requested leave donation. (a) The list will contain the employee s name, title, department and estimated leave needed. Absolutely no medical information will be shared by any university representative. (b) The manager of university benefits will work with the requesting employee s supervisor to determine an appropriate means of communicating with the employee s co-workers and associates. (3) Donation of leave. Employees who wish to donate leave and meet guidelines established in paragraph (C) of this rule should complete a paid leave donation form and submit it to the benefits office. (4) Should the request be denied, employees may appeal in writing such decision within ten business days to the vice president of human resources. The vice president of human resources has the authority to review and approve exceptions to the leave donation policy. The decision of the vice president shall be final.
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Rule 3342-6-11.5 | Administrative policy and procedure regarding court leave.
(A) The university shall grant leave with full pay to an employee who: (1) Is summoned for jury duty by a court of competent jurisdiction, or (2) Is subpoenaed to appear before any court, commission, board or other legally constituted body authorized by law to compel the attendance of witnesses, where the employee is not a party to the action. (B) Any compensation or reimbursement for jury duty or for court attendance compelled by subpoena, when such duty is performed during and employee's normal working hours, shall be remitted by the employee to the treasurer of the university. (C) Approval for court leave shall be requested in writing by the employee, supported by a copy of the appropriate court document. (D) Any employee who is appearing before a court or other legally constituted body in a matter in which he is a party may be granted vacation time or leave of absence without pay. Such instances would include, but are not limited to, criminal or civil case, traffic court, divorce proceedings, custody hearings, or appearances as directed as a parent or guardian of a juvenile. (E) An employee who is the appellant in any action before the state personnel board of review and is in active pay status at the time of a scheduled hearing before the board shall be granted court leave with full pay for purposes of attending the hearing.
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Rule 3342-6-11.6 | Administrative policy regarding military leave of absence.
(A) Purpose. It is a university priority that reasonable effort will be made to ensure that faculty and staff members called to serve in military duty will be treated fairly regarding arrangements for leaves of absence. It will be the policy of the university to ensure smooth transitions for employees called to assume activity military responsibilities. Units on all campuses should work diligently to respond with concern and care for the individual situation in accordance with federal and state statute, university policies, and collective bargaining agreements regarding leaves and employment. (B) Criteria/scope. (1) Each member of the university who is a member of the Ohio national guard, the Ohio defense corps, the Ohio naval militia, or a member of any other reserve component of the armed forces of the United States, shall be granted leave of absence from his or her respective duties without loss of pay for such time as he or she is in the military service on field training or active duty for periods not to exceed thirty-one days in any one calendar year. Per Ohio statute the following applies: (a) The maximum number of hours for which payment can be made in any one calendar year is one hundred seventy-six hours. (b) The service does not have to be for one continuous period of time. (C) Implementation. (1) Military leave, as described, must be requested in writing prior to the absence. The employee is required to submit to their director or manager and the appointing authority the written request for leave, along with an order or statement from the appropriate military commander as evidence of such duty. (2) If members in the Ohio national guard are ordered by the governor to assist civil authorities in such duties as flood and riot control or civil defense, and such duty exceeds military leave authorized for the year, they shall be granted emergency leave without pay. Members of any other reserve component of the armed forces of the U.S. shall also be granted emergency leave without pay if called to active duty and that term exceeds the annual authorized amount. (3) Staff members who have worked for the university at least ninety calendar days will be granted a leave of absence without pay to be inducted or otherwise enter military service. They will not be paid for such leave unless they are members of reserve components as specified above. (4) A staff member who reenlists while on active duty, or a commissioned officer who voluntarily enters on extended active duty beyond that required upon accepting a commission, is not eligible for immediate reinstatement. (5) Members will be reinstated into university employment in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as amended. Employees must make a timely application for reemployment according to the requirements of USERRA. (a) Reinstatement must be accomplished promptly within thirty days after application is received. (b) A copy of the discharge or certificate of service must be submitted with all requests for reinstatement of reappointment. (6) The following three-part reemployment process required under USERRA will apply for persons with a disability incurred during service: (a) The employer must make a reasonable effort to accommodate the person's disability so that the person can perform the position that the person would have held if the person had remained continuously employed. (b) If, despite reasonable accommodation efforts, the person is not qualified for the position in paragraph (C)(6)(a) of this rule due to his or her disability, the person must be reemployed in a position of equivalent seniority, status, and pay, so long as the employee is qualified to perform the duties of the position, or could become qualified to perform them with reasonable efforts by the employer. (c) If the person does not become qualified for the position in either paragraph (C)(6)(a) or (C)(6)(b) of this rule the person must be employed in a position that, consistent with the circumstances of that person's case, most nearly approximates the position in paragraph (C)(6)(b) of this rule in terms of seniority, status and pay. (7) Staff members are entitled to all salary benefits or other advancement accruing to their position during their absence.
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Rule 3342-6-11.7 | Administrative policy regarding annual vacation leave for nonteaching unclassified and non-bargaining classified staff.
Effective:
December 3, 2018
(A) Policy statement. The university
recognizes the importance of providing staff an opportunity for recreation or
other personal matters without loss of compensation. Paid vacation leave is
granted according to the terms and conditions set forth below. (B) Eligibility. (1) All full-time and
part-time classified staff not in a collective bargaining unit that hold a
twelve-month continuous appointment are eligible to accrue and use vacation
under this policy. (2) All full-time and
part-time unclassified staff that hold a twelve-month continuous appointment
are eligible to accrue and use vacation leave. (3) Postdoctoral research
associates or research scholars not in a bargaining unit are eligible to accrue
and use vacation leave as provided for in rule 3342-6-20 of the Administrative
Code. However, postdoctoral research associates or research scholars shall not
be eligible to receive payment for unused vacation upon their separation of
employment. (4) All full-time and
part-time grant-funded staff not in a collective bargaining unit that hold a
twelve-month continuous appointment are eligible to accrue and use vacation
under this policy. However, grant-funded staff shall not be eligible to receive
payment for unused vacation upon their separation of employment. Grant-funded staff is defined as employees engaged in externally
grant funded educational or research duties connected with the
university. (5) All full-time and
part-time, intermittent, and temporary classified employees not in a bargaining
unit do not earn vacation. (6) All full-time and
part-time nine-month, ten-month, and thirty-nine-week appointed unclassified
employees do not earn vacation. (C) Implementation. (1) Accrual rates.
Vacation accrual rates are based upon length of Ohio public service. Employment
with any state of Ohio agency or any political subdivision of the state is
counted to determine years of service. Time spent in military service is
counted, provided that the employee in question was an employee of the
university for at least ninety days prior to entering military service. Time
spent on authorized leave of absence is also counted. (a) Classified staff accrue vacation on the basis of a forty-hour
workweek (prorated for part-time employees) according to the following
guidelines: (i) Less than five years
of service, eighty hours (ten days) per year. (ii) Five or more but
less than ten years of service, one hundred twenty hours (fifteen days) per
year. (iii) Ten or more years
but less than twenty-one years of service, one hundred sixty hours (twenty
days) per year. (iv) An additional eight
hours (one day) per year for each year of service over twenty years to a
maximum addition of forty hours (five days) for a total annual accrual of two
hundred hours (twenty-five days) for twenty-five or more years of
service. (b) Unclassified full-time staff accrue vacation according to the
following guidelines: (i) Less than twenty-one
years of service, one hundred sixty hours (twenty days) per year. (ii) An additional eight
hours (one day) per year for each year of service over twenty years to a
maximum addition of forty hours (five days) for a total annual accrual of two
hundred hours (twenty-five days) for twenty-five or more years of
service. (c) Unclassified hourly part-time staff on a continuing
appointment eligible under paragraph (C)(1) of rule 3342-6-05.2 of the
Administrative Code accrue vacation at the rate established in paragraph
(C)(1)(b) of that rule at a prorated basis relative to the hours worked in each
pay period. (d) Postdoctoral research associates or research scholars will
accrue eighty hours per year as provided for in rule 3342-6-20 of the
Administrative Code. (2) Utilization. (a) Classified employees are not eligible to use accrued
vacation leave or receive payment for accrued vacation leave upon separation
from the univeristy until they have completed the probationary
period. (b) Eligible staff members are expected to request vacation leave
in advance. The employee should submit a leave form to their immediate
supervisor indicating the dates for which leave is requested. Supervisors are
expected to accommodate reasonable requests for vacation leave, in keeping with
the effective operation of their department or unit and with a view toward
fairness for all employees in that unit. (c) Eligible staff members are normally expected to take vacation
time off for purposes of rest and relaxation and for other personal reasons
during the year in which the vacation is earned. (3) Accumulation of
earned and unused vacation. It is understood that there are times when a staff
member cannot schedule all vacation during the year in which it is earned.
Classified and unclassified staff as defined in paragraph (B) of this rule,
with the exception of postdoctoral research associates or research scholars are
eligible to accumulate vacation leave. (a) Accrued vacation, up to a maximum of that amount of vacation
which may be earned in a three-year period, may be carried over. Any vacation
credit beyond the maximum allowed will be subtracted from the accrued balance
at the end of September, effective the first October payroll each
year. (b) Payment for unused vacation. Upon termination of employment,
eligible classified and unclassified staff will be paid for any earned but
unused vacation leave to his or her credit at the time of separation, up to a
maximum of that amount of vacation which may be earned in a three-year period.
Such payment for unused vacation leave will be made in a lump sum. These
employees will not be carried on the payroll for the purpose of liquidating his
or her vacation balance. (c) In the case of death of an eligible classified or
unclassified staff member, unused earned vacation leave up to a maximum of that
amount of vacation which may be earned in a three-year period shall be paid in
accordance with the provisions of section 2113.04 of the Revised
Code. (d) An employee who is hired after retiring from Kent state
university employment. .shall accrue vacation leave at the rate provided for in
paragraph (C)(1)(b) of this rule, according to the service accrued up to the
date of retirement. An employee accruing vacation leave under this paragraph
shall not be eligible for payout of any unused accrued vacation leave upon
separation of employment.
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Rule 3342-6-11.8 | Administrative policy regarding research leaves.
Policy statement. The special research leave will be granted to faculty members without pay who are authorized to take a leave of absence with approval of the department chairperson, collegial dean and vice president for academic and student affairs or designee. The special research leave will be granted when the faculty member has been approved for leave based on an offer of a research fellowship or other research appointment, for which no university financial support is requested, at another university, research center, institute, or recognized research or scholarly organization. The notation "special research leave" will be entered on the faculty member's record in place of "leave of absence" for the period of the leave in the same manner as the leave of absence is now entered.
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Rule 3342-6-11.9 | Administrative policy regarding faculty leaves of absence without pay.
(A) The university does not provide leaves of absence with pay for faculty. Leaves of absence on a one-year (or less) basis without pay may be arranged through the department chairperson or school director and, with his/her approval, the approval of the dean of the college or school, and the approval of the vice president for academic and student affairs. The department chairperson/school director must give in writing reasons for recommending and individual' request for leave without pay; the dean will forward such recommendation with his or her own comments to the office of academic personnel. (B) Research or other advanced study, travel, medical reasons, and rest may justify the granting of a leave of absence without pay. Leave may also be granted for teaching or research in another institution, provided the faculty member accepts such appointment as visitor, and not as a regular appointment, and provided further that the faculty recognizes an obligation to return to the university for the next year of service. Leave for the purpose of eventually accepting regular appointment at another institution is not permitted, nor may a faculty member hold tenure concurrently at the university and another institution. (C) A copy of the terms, conditions, and purpose of the leave appointment shall accompany the request for leave of absence when another institution is involved. (D) Requests for leaves of absence for the next academic year shall be filed not later than the first of March. Requests for leaves which are proposed to begin during the second semester should be filed at the beginning of the fall semester. (E) If a faculty member wishes an extension of leave, the same procedures as described above shall be followed, with the request for extension filed with the department chairperson or school director no later than the first of February. The request is then forwarded, as in paragraph (A) of this rule. If the university does not wish to grant the extension, and the person does not return, then the position will be considered vacated. The on-leave faculty member shall notify the vice president for faculty affairs and personnel, no later than three months prior to the expiration of the leave, of his/her intent to return. Absent such notice of intent, the position may be declared vacant.
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Rule 3342-6-11.10 | Administrative policy regarding leaves of absence without pay for nonteaching unclassified and classified staff.
Effective:
December 3, 2018
(A) Policy statement. A full-time
employee who has completed probationary period or after one year of service
with the university, whichever occurs first, or a part-time employee who has
worked one thousand two hundred fifty hours the previous twelve months, may
apply for a leave of absence. (1) A leave of absence is granted for a
specific purpose. The university benefits office may review the reason for the
leave as stated by the employee. If it is found that the leave is not actually
being used for such purpose, the leave, if started, may be canceled and the
employee directed to report to work by a written notice. (2) A leave of absence shall not be
granted to permit an employee to accept "other
employment." (3) An employee requesting a leave of
absence may be required to utilize accrued vacation and/or compensatory time
before beginning leave without pay status. Each leave request will be
individually evaluated, but final determination is at the discretion of the
appointing authority. (B) Types of leaves. Subject to the
written approval by the appointing authority, the university benefits office
and the vice president for human resources (or their designee), leave granted
under this policy shall be limited to the following circumstances: (1) Educational leave: A
leave of absence without pay may be granted for a maximum period of two years
for purposes of education, when such education would result in professional
growth and development that would be of benefit to the university. The
determination of whether the request for leave should be granted rests solely
with the appropriate appointing authority. Renewal or extension beyond the
two-year period is not authorized. (2) Child care: Upon
request, an employee will be granted up to twelve weeks of leave for the
purpose of child care. At the discretion of the appointing authority, an
employee may be granted an additional fourteen weeks of leave for the purpose
of child care. Child care leave cannot exceed a total of six months, must be
taken consecutively and will be granted to a parent during the first twelve
months following childbirth or, in the case of adoptive or foster parents,
within the first twelve months of placement. All request for leave of absence
for child care shall be considered on a nondiscriminatory basis without regard
to the sex of the parent. An adoptive or foster parent's request for leave
of absence for purposes of child care shall be considered on the same basis of
that of a biological parent. This leave will run concurrently with other
applicable leaves. (3) Temporary disability:
See rule 3342-6-11.3 of the Administrative Code and this register for
details. (4) Care for a member of the immediate
family: A personal leave of absence, not to exceed twelve weeks may be granted
to care for a member of the employee's immediate family who has a serious
health condition. Immediate family is defined as an employee's spouse,
parents, children, grandparents, siblings, grandchildren, brother-in-law,
sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, or a
legal guardian. (a) If the employee requests a leave of absence for care of
a member of the immediate family, the university may require a certification
from the health care provider treating the family member, stating the health
condition of the family member. In addition, the health care provider must
indicate the employee is needed to care for the family member and the estimated
time that such care will be required. Recertification by the health care
provider may be required periodically. (b) Before approving a leave request, the appointing
authority may request the employee or the member of the employee's family
be examined by a licensed physician to be designated by the university. Such
examination may also be required when an employee requests reinstatement from
temporary disability leave. The cost of such an examination shall be paid by
the university. (c) In the event the medical documentation submitted by the
employee's health care provider conflicts with the documentation submitted
by the physician designated by the university, the employer may request a third
opinion be obtained from a physician mutually selected by the employee and the
university. The cost of such an examination shall be paid by the university and
the recommendation of the physician shall be binding on both
parties. (C) Implementation. (1) Upon completion of a
leave of absence, the employee is to be returned to the position formerly
occupied, or to a similar position if the employee's former position no
longer exists. Any replacement in the position while an employee is on leave is
to be on a temporary basis. (2) An employee who does
not return from a leave of absence and who does not formally terminate his/her
service with the university will automatically be terminated effective at the
end of the leave. The university may charge the employee for the cost of
healthcare coverage paid by the university during the leave except in the case
where the employee was unable to return to work because of health conditions or
other reason beyond the employee's control. (3) Provisions relative to leaves of
absence which are embodied in current collective bargaining agreements continue
in effect. (D) Status during leave of
absence. (1) The university will
continue the healthcare and related coverage and fee waiver benefit provided
for in the eligible employee's benefit program until the unpaid leave is
terminated or for a duration of six months, whichever occurs first, when such
leave is for child care, temporary disability, or to care for a member of the
employee's immediate family. If the leave is without pay and if monthly
coverage contributions were required prior to the leave period, the employee
must make arrangements with the staff benefits office to continue those
payments during the leave. (2) Healthcare and
related coverage and the tuition fee waiver benefit will not be continued if
the employee is granted a leave of absence for reasons not included in
paragragh (D)(1) of this rule. Coverage may be continued by the employee by
paying the total monthly premiums pursuant to COBRA. Arrangements for such
coverage should be made with the staff benefits office prior to the leave of
absence. (3) An employee on leave
of absence does not normally receive pay for holidays falling within the dates
of the leave of absence. (4) During a leave of
absence without pay, both the employer and the employee contributions to PERS
or STRS are discontinued. Accrued benefits are not forfeited, nor can they be
withdrawn during a leave of absence. In certain cases service credit can be
purchased by the employee for a period of time spent on a approved leave of
absence. Additional information relative to purchase of retirement credits may
be obtained by contacting the university benefits office. (5) An employee on leave
of absence without pay does not earn sick leave or vacation credit. However,
the time spent on authorized leave of absence is evaluated in determining
length of service. (E) Application procedure. (1) All leaves of
absence and extensions thereof must be requested thirty days in advance of the
date the leave is to begin, when the necessity for leave is foreseeable. If the
need for a leave is not foreseeable thirty days prior to the effective date of
such leave, the employee must provide notice as soon as possible on forms
provided by the university. (2) A request for leave
of absence and extensions must be submitted to the employee's supervisor
for review and for approval by the appointing authority. (F) Leaves described in this policy, if
granted, will run concurrently with other applicable leaves. (G) The length of continuous leave,
whether paid or unpaid, as described in this policy, shall not in any event
exceed six months.
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Rule 3342-6-11.11 | Administrative policy regarding leave under the FMLA.
Effective:
December 3, 2018
(A) Policy statement. In compliance with
the Federal Family and Medical Leave Act (FMLA), it is the policy of the
university to grant up to twelve weeks of unpaid job protected leave to
eligible employees per rolling twelve-month period. Military family leave
entitles eligible employees a combined total of twenty-six weeks of FMLA leave
per rolling twelve-month period. FMLA will run concurrently with other paid or
unpaid leaves for the following qualifying events: (1) A serious health
condition that prevents an employee from performing his or her
job; (2) Care for a child
during the first year following birth, adoption or foster care placement;
or (3) Care for a family
member who has a serious health condition; (4) Qualifying exigency
leave for active duty of a family member; (5) Care for injured or
ill member of the armed forces. (B) Definitions. (1) FMLA. The Family and
Medical Leave Act provides up to twelve weeks of job protected leave to
eligible employees under certain circumstances: (2) Family member. For
the purposes of this policy, a family member is defined as a parent, spouse,
registered domestic partner, step-child, biological, adopted, foster or legal
ward son or daughter (up to age eighteen, except in the cases where the child
is incapable of self-care because of a mental or physical
disability). (3) Paid leave. The use
of accrued sick, vacation and personal time as appropriate, comp time, prior to
going on unpaid status. Use of sick leave is limited by physician
certification. (4) Serious health
condition. An injury, impairment or physical or mental condition that involves
either: (a) Any period of incapacity or treatment connected with
inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential
mental care facility; or (b) A period of incapacity requiring absence of more than three
full calendar days from work, school, or other regular daily activities that
also involves continuing treatment by (or under the supervision of) a health
care provider, provided that the employee, family member or other eligible
party visits the health care provider within seven days after the first day of
the incapacity, a second visit within thirty days of the incapacity and
periodically thereafter for as long as the incapacity exists (at least two
visits to a health care provider per year); or (c) Any period of incapacity due to pregnancy, or for prenatal
care; or (d) Any period of incapacity (or treatment therefore) due to a
chronic serious health condition (e.g. asthma, diabetes, epilepsy, etc.);
or (e) A period of incapacity that is permanent or long-term due to
a condition for which treatment may not be effective (e.g. Alzheimers,
stroke, terminal diseases, etc.); or (f) Any absences to receive multiple treatments (including any
period of recovery therefrom) by, or on referral by, a health care provider for
a condition that likely would result in incapacity of more than three
consecutive days if left untreated (e.g. chemotherapy, physical therapy,
dialysis, etc.), provided that the employee visits the health care provider
within seven days after the first day of the incapacity, a second visit within
thirty days of the incapacity and periodically thereafter for as long as the
incapacity exists (at least two visits to a health care provider per
year);. (g) Ordinarily, unless complications arise, the common cold, the
flu, ear aches, upset stomach, etc. are examples of conditions that do not meet
the definition of a serious health condition. (5) Unpaid leave. A leave
of absence where the employee has exhausted all sick and vacation time and
there is still a need for additional leave. (6) Intermittent FMLA
leave. A leave of absence taken in nonconsecutive blocks of time rather than
one continuous period. Leave periods may range from an hour or more to several
weeks. (7) Reduced schedule FMLA
leave. A reduction in the usual number of working hours per day or week for a
period of time for reasons related to the approved FMLA. (8) Qualifying exigency.
Leave for active duty of a family member for a serious health condition or to
care for a seriously ill family member. This leave is part of the regular
twelve-week entitlement -- that is, the employee gets twelve weeks total per
year for any qualifying reason, not an additional twelve weeks for issues
relating to a family members military service. (9) Military family
leave. FMLA leave to care for injured members of the armed forces. This leave
allows eligible employees twenty-six weeks of unpaid leave to provide care to
wounded U.S. military personnel. Eligible employees include: Spouse, son, daughter, parent or next of kin of
a covered service member with a serious injury or illness, and provides care
for such service member. (C) Eligibility. (1) Any university
employee (excluding student employees) who has been employed by the university
for at least twelve months; and has worked for at least 1,250 hours during the
past twelve months is entitled to FMLA for covered circumstances. (2) To be eligible for a
qualifying FMLA leave, the employee must meet all of the following
criteria: (a) The employee must have been employed by Kent state for at
least twelve months. Any portion of a week that the employee is on the payroll
counts as a full week for FMLA eligibility. These hours must be actual hours
worked, which do not include holiday, vacation, sick or compensated
hours. (b) The employee must not have already received twelve weeks of
FMLA leave in the last twelve month rolling period. (D) Implementation. (1) General provisions.
The following provisions apply while an employee is considered to be on
qualified leave under FMLA. (a) FMLA will not exceed twelve weeks within a twelve month
rolling period, whether taken at once, in intermittent periods or as a reduced
schedule. The twelve-month period is measured forward from the date the
employees first approved FMLA absence begins. (b) If the employee is away from the workplace for more than
three consecutive calendar days and has not notified the supervisor of the need
for FMLA, and the employees supervisor has sufficient knowledge to make
a determination that leave is being taken for a qualifying FMLA reason (either
at the time the employee gives notice or begins leave), but fails to designate
leave as FMLA, the university may not retroactively designate leave as FMLA so
long as the leave is in progress or within two business days of the
employees return to work. The university must notify the employee that
such absence is being designated as FMLA leave. (c) Employees may be placed on FMLA leave anytime the employee
experiences a period of incapacity of more than three consecutive calendar days
with proper physician certification of a qualifying FMLA reason, or are absent
on an intermittent basis for a qualifying FMLA reason. The university must
notify the employee that an absence is being designated as FMLA
leave. (d) After the twelve weeks of qualifying FMLA leave is exhausted,
and if the employee is still not medically able to return to work, the employee
or their representative must notify the employees supervisor of the need
for continued leave of absence under the unpaid leave status. (e) Once leave protected under regular FMLA and military family
leave has been exhausted, the employees failure to return to work should
be treated as any other failure to return to work. (f) Upon completion of regular FMLA leave or military family
leave of absence, the employee is to be returned to the position formerly
occupied, or to an equivalent position if the employee's former position
no longer exists. (2) Intermittent or
reduced schedule FMLA. Normally, FMLA will be approved for an employees
complete regular work schedule. Employees may also request an intermittent or
reduced work schedule with the approval of the employees supervisor and
review by human resources. Employees who need foreseeable leave for planned
medical treatment must make a reasonable effort to schedule the treatment so as
not to disrupt unduly the operations of the university. (a) The employee must submit written medical or other supporting
certification subject to the following conditions: (i) Serious health
condition of the employee or of a member of the employees family member.
The employee must submit written medical certification to support the
intermittent or reduced schedule FMLA request (e.g., periodic testing or
treatment); (ii) Birth or placement
(adoption or foster care) of a child with the employees
family; (iii) Utilization.
Intermittent FMLA is calculated by hours, based upon a forty-hour week. For a
full-time employee, the maximum utilization of FMLA is four hundred eighty
hours; for part-time employees the maximum is twelve times the regular
scheduled weekly work hours. (b) The university will require an employee taking continuous or
reduced schedule leave to provide a fitness-for-duty certification before
returning to work. The university requires this fitness-for-duty certification
to specifically address the employees ability to perform the
"essential functions" of his job." It must be submitted prior
to the employee returning to work. (3) Military family leave
and use of FMLA to care for injured members of the armed forces will be
approved under the following conditions: (a) The serious illness or injury must have been incurred by the
covered service member in the line of duty while on active duty in the armed
forces. (b) Covered family members are entitled to up to twenty-six weeks
of unpaid FMLA leave and military family leave during a single twelve-month
period to care for the service member. (c) As with regular FMLA leave, military family leave is leave
for which an employee may substitute any vacation or sick leave. (d) Military family leave and reemployment rights. Employees
returning from active duty must make timely application for reemployment
according to the requirements of USERRA as stated in rule 3342-6-11.6 of the
Administrative Code regarding military leave of absence. (e) Qualified exigency leave. Certain employees are eligible to
take twelve weeks of unpaid leave needed because of a "qualifying
exigency" relating to the service of either the employee or a family
member who is a member of the national guard and reserves for the purpose of
managing the employees or family members affairs (including the
member's spouse, child, or parent) while the service member is on active
duty in support of a contingency operation. Qualifying exigency leave is limited to
situations involving a short-term deployment, military events and related
activities (before and during deployment), childcare and school activities,
financial and legal arrangements, counseling, rest and recuperation of the
service member, post-deployment activities, and additional activities agreed to
in writing by the employer and employee. (4) Interaction with
other types of leave. Generally, any absence that meets the standards for FMLA
shall be considered to be covered by unpaid FMLA leave, and will run
concurrently with the employees sick leave, personal leave, vacation
leave and/or unpaid temporary disability/child care leave. Employees with
accrued compensatory time will be required to use their accrued time first,
before exhausting other forms of leave to run concurrently with their
designated FMLA leave. (a) Compensatory time off. Employees who request compensatory
time off for qualifying events covered by FMLA will not be considered to be on
FMLA during their approved compensatory time off. (b) Workers compensation. A serious health condition may
result from a work related injury or illness to an employee. If an injury or
illness meets the criteria for a serious health condition, whether it is
covered by workers compensation or not, the employee will be considered to be
on FMLA leave. If the employee applies for workers compensation
benefits, any granted time off will be counted against the employees
FMLA entitlement. The granting of FMLA leave shall have no bearing on the
approval or disapproval of the employees workers compensation
request. (5) Certification,
reporting and record keeping. (a) Medical certification. FMLA will not be approved until the
applicable medical certification from the appropriate licensed physician has
been received and approved. If the leave is due to the serious health condition
of the employee, or the serious health condition of a family member, the
employee must ensure that the patients health care provider completes
the required medical certification form, and returns it within fifteen business
days of receipt (or as soon as practicable). (i) A designated
representative from university benefits office may speak directly to the
employees health care provider during the medical certification
process. (ii) If the university
deems a medical certification to be incomplete or insufficient, the university
will specify in writing, what information is lacking, and the employee will
have seven business days to cure the deficiency. (iii) Failure to provide
medical documentation may result in the denial of leave until the required
certification is provided. (b) Additional medical review. The university may request up to
two additional medical reviews of the employees medical condition, at
university expense. (c) Certification of family relationship. The university may
request certification of family relationship. The university benefits office
can request certification in the form of a written statement from the employee,
or documentation such as a birth certificate, court document, etc. Domestic
partner relationships will require the completion of a notarized domestic
partner affidavit to be returned to the Benefits office. (d) Record keeping. The benefits office will keep records of FMLA
requests and all supporting documentation. Medical records accompanying FMLA
requests will be maintained confidentially and separate from personnel files
for a period of three years. (6) Group insurance and
retirement contributions. (a) Employees who are participating in university-sponsored group
insurance programs will be eligible to continue participation while on FMLA. If
the FMLA is unpaid, employees will be responsible for paying their insurance
contributions at the same rate as before the unpaid leave began. If employees
fail to submit payment in a timely manner, their insurance benefits will be
terminated. (b) Employees returning from FMLA will return to their regular
assignment, and the FMLA will be treated as continuous service for the purpose
of calculating any university benefits based upon service. (c) During an unpaid leave of absence, both the employer and the
employee contributions to OPERS, STRS, or the Alternative Retirement Program
(ARP) are discontinued. Accrued retirement benefits are not forfeited, nor can
they be withdrawn during a leave of absence. In certain cases, service credit
can be purchased by the employee for a period of time spent on an approved
unpaid leave of absence. Additional information relative to purchase of
retirement credits may be obtained by contacting the university benefits
office. (7) Application
procedure. (a) Employees must complete an initial request for FMLA and
submit it to the university benefits office. All leaves of absence and
extensions thereof must be requested thirty days in advance of the date the
leave is to begin, when the necessity for leave is foreseeable such as where
leave is taken for: an expected birth, placement for adoption or foster care,
planned medical treatment for a serious health condition of the employee of or
a family member, or the planned medical treatment for a serious injury or
illness of a covered service member. If the need for a leave is not foreseeable
thirty days prior to the effective date of such leave, the employee must
provide notice as soon as possible on forms provided by the
university. (b) A request for leave of absence which is approved must be
submitted to the employee's supervisor for acknowledgement. (c) The employee must provide sufficient information to the
university to allow the university to understand the condition and duration of
the leave. (d) Furthermore, the employee is obligated to respond to
the universitys questions designed to determine whether leave if
FMLA-qualifying calling sick, without providing sufficient notice, is
not sufficient notice. (8) Responsibility. (a) Under this policy, the employees responsibilities
include, but are not limited to: (i) Provide their
supervisor with advance notice of leave requests with a minimum of thirty days
or as much time as is reasonable. (ii) Complete
appropriate leave request forms and, if possible, clarify FMLA from other types
of leave. (iii) Submit the required
medical certification (completed by a licensed physician) for every new event
(serious health condition of the employee, or family member; pregnancy, or
adoption, qualifying exigency, or service member leave) within a twelve month
period. (iv) Return the
appropriate leave request form and medical certification forms to the benefits
office within fifteen business days of receipt. Failure to return required
documentation to benefits within this timeframe may result in denial of leave
request. (v) Employees must
contact the university benefits office to determine eligibility for benefits
while on FMLA.
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Rule 3342-6-11.12 | Administrative policy regarding paid parental leave for staff who are not in a recognized bargaining unit.
Effective:
December 3, 2018
(A) Purpose. The university will provide
paid parental leave to employees to recover from childbirth and/or to care for
or bond with a child. (B) Eligibility. This policy applies to
all eligible employees who are not in a recognized bargaining
unit. (1) In order to be
eligible for paid parental leave, an employee must have become a new parent as
a birth mother, birth father, an adoptive parent, foster care parent with legal
custody or guardianship, or domestic partner. (2) Normally, an employee
must have completed at least one full year of full-time service prior to the
date paid parental leave is to commence. However, an employee that attains one
full year of full-time service while on leave for the purpose of the birth of a
child, the adoption of a child, or fostering of a child will be eligible for a
pro-rated portion of paid parental leave. One paid parental leave benefit is
available per employee, per birth, adoption, or foster care placement event.
The number of children involved does not increase the length of paid parental
leave granted for the event. (3) Eligible parents who
are both employed with the university are individually entitled to use paid
parental leave. (4) There shall be no
limit placed on the age of a newly adopted or foster care child for purposes of
eligibility to utilize paid parental leave. (C) Procedures. (1) Paid parental leave
is paid at one hundred per cent of the employees regular base rate of
compensation at the time leave is taken. (2) An employee will be
eligible for six weeks of paid parental leave when a new parent as a birth
mother, birth father, an adoptive parent, foster care parent with legal custody
or guardianship, or domestic partner for the purpose of caring for and bonding
with a newborn, newly adopted child, or newly fostered child. (3) An employee must
provide the university with at least thirty days advance written notice of
intent to use paid parental leave unless such notice is not practicable, in
which case the employee must give notice as soon as practicable. (4) An additional six
weeks of sick leave either from the employees own accumulated total sick
leave and/or vacation or time transferred to the employee from donated leave
that is donated in accordance with rule 3342-6-11.4 of the Administrative Code,
may be used to supplement the paid parental leave benefit so that the parent is
able to maintain income the entire twelve weeks of FMLA eligibility following
childbirth, adoption, or foster care placement, for the purpose of recovery
from childbirth, and bonding. (5) An eligible employee
who elects to utilize paid parental leave must utilize this leave time
immediately following the recovery from birth and or to care for or bond with
the child. An employee must exhaust paid parental leave and accrued sick and
vacation leave prior to using any unpaid leave to which they may be
entitled. (6) Paid parental leave
shall run concurrently with FMLA and be calculated using the same twelve month
rolling period as provided in rule 3342-6-11.11 of the Administrative
Code. Paid parental leave will ordinarily be used on
a continuous leave basis, but may be used intermittently subject to the same
requirements, including the universitys approval, as provided by rule
3342-6-11.11 of the Administrative Code. (7) Paid parental leave
should generally commence following the birth, adoption or foster care
placement, but in some instances may occur prior to the event when deemed
medically necessary or when needed to fulfill the legal requirements for an
adoption or foster placement, provided all eligibility requirements are
met. (8) Paid parental leave
shall be used during the twelve weeks immediately following the birth, adoption
or foster care placement. Exceptions will be considered on a case-by-case basis
and the employees request is subject to approval by the vice president
of human resources or their designee. (9) An employee who uses
paid parental leave is required to return to full-time work for at least one
full year following the conclusion of the paid parental leave. If the employee
does not fulfill this obligation, he/she must reimburse the University for the
compensation that he/she received during the leave. This requirement may be
waived if the employee is unable to return to work due to a disabling medical
condition, to care for a newborn with a serious medical condition(s), or other
circumstances beyond the employees control. (10) During the period
the employee is using paid parental leave, there shall be no accrual of sick
leave and/or vacation. (11) Paid parental leave
is a benefit of employment and its use shall not have a negative impact of the
employees evaluation, promotion or employment status. (12) The length of
continuous leave, whether paid or unpaid, taken for reasons of an employee
being a parent as described in this policy, shall not in any event exceed the
length allowed under that applicable administrative policy which provides for
the longest maximum period of parental or child care leave.
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Rule 3342-6-12 | University policy regarding faculty professional improvement leave.
(A) The university permits a tenured
faculty member who has completed at least seven years of full-time service to
the university and has the rank of assistant professor or higher to be freed of
instructional or official responsibilities and granted a faculty professional
improvement leave for purposes of: (1) Upgrading
professional skills; (2) Acquiring new skills;
or (3) Intellectual and
professional development that will be of benefit to the individual and to the
university. (B) Every possible effort will be made to
distribute fairly such leave to all units: departments, schools, independent
schools, and library administration. As general rule, the department will
absorb the load of the faculty member on faculty professional improvement leave
without replacement. However, in extraordinary instances, which will require
presidential approval, a temporary replacement may be secured for some portion
of the faculty member's load. (C) Sabbatical leave shall be governed by
the following: (1) One semester at full
benefits and a uniform rate of not less than one hundred per cent of the
faculty member's contractual salary for the semester; or (2) Two semesters at full
benefits and uniform rate of not less than fifty per cent of the faculty
member's contractual salary. (3) For faculty on a twelve-month contract, the period
between the end of the spring semester and the start of the following fall
semester may also be taken as leave under this policy at full benefits and a
uniform rate of not less than one hundred per cent of the faculty member's
contractual salary for that period. (D) It should be clearly understood that
the faculty member has an obligation to continue in active service with the
university for a period of at least one academic year following the completion
of the leave. If the faculty member does not return to the university, then the
faculty member may be required to refund any salary received from the
university during the period of the leave. (E) Any faculty member granted faculty
professional improvement leave is not eligible for another faculty professional
improvement leave for a period of seven years after the faculty professional
improvement leave has been completed.
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Rule 3342-6-12.101 | Operational procedures regarding faculty professional improvement leaves (sabbatical leaves).
(A) Eligibility. (1) All regular, full-time tenured members of the faculty at the rank of assistant professor or higher who are in their seventh year of regular tenure-tract appointment by the university are eligible to apply for a faculty professional improvement leave. A faculty member granted a professional improvement leave must wait until the seventh year of regular faculty appointment after returning from that leave in order to be eligible to apply for another faculty improvement leave. (2) A faculty member cannot simultaneously have both a faculty professional improvement leave and a university research leave. (3) Members of a review committee at any level are eligible for a faculty professional improvement leave, although they cannot participate in any decision affecting themselves, a spouse or a relative. (B) Initiation. (1) A faculty member initiates a request for a faculty professional improvement leave by submitting a concise proposal of no more than three hundred words. The proposal must clearly indicate the purpose of the leave, how it is related to the faculty member's professional growth and development, and how it is of benefit both to the individual and the university. The proposal must also note any appointment the faculty member expects to accept during the term of the faculty professional improvement leave. (2) The faculty member may withdraw his/her proposal from further consideration at any time. (C) Submission. (1) The university permits a tenured faculty member who has completed at least seven years of full-time service to the university and has the rank of assistant professor or higher to be freed of instructional or official responsibilities and granted a faculty professional improvement leave for purposes of: (a) Upgrading professional skills; (b) Acquiring new skills; or (c) Intellectual and professional development that will be of benefit to the individual and the university. (2) In order to grant a faculty professional improvement leave, the following conditions must be met: (a) The purpose of the leave must be judged acceptable, and (b) The department or other budgetary unit must be able to support the programmatic and staffing needs of the unity in the absence of the participant. (3) For the purpose of submission and determination of seniority the lowest budgetary level to which a faculty member belongs will be considered the department. In the case of regional campus faculty, the lowest budgetary level is the regional campus in which a faculty member holds the primary appointment. (4) For Kent campus faculty, the proposal must be submitted to the faculty member's department chairperson/school director or independent school dean. The final date for submission to the chairperson/school director of the proposal is the fifteenth of October of the prior academic year. (5) For regional campus faculty members, the proposal is submitted to the dean of the regional campus and to the faculty member's department chairperson/school director. A copy of this plan must also be sent by the faculty member to the associate vice president for the extended university. The final date for submission to the chairperson/school director of the proposal is the fifteenth of October of the prior academic year. (D) Review process at department/school level. (1) The proposal shall be reviewed by the department/school advisory committee to determine whether eligibility requirements have been met and consider the appropriateness of the proposed plan to the interest of the university and the applicant's professional development. Upon completion of its review, the advisory committee shall advise the chairperson as to whether the purpose and plan for the faculty professional improvement leave is acceptable. (2) The chairperson/school director, after consulting with the advisory committee, shall determine for each proposal form a Kent campus faculty member the budget and staffing capability of the department to replace the faculty member requesting the leave. (3) The chairperson/school director shall make a decision on both the merits of the proposal(s) and the capacity of the department to provide the staffing support required by the proposal(s). For regional campus faculty, the chairperson's recommendation shall be concerned solely with the merits of the proposal. (4) For Kent campus faculty, the chairperson/school director shall recommend staffing support, where possible, first to those applicants in the department or school whose proposals were judged acceptable: (a) Who have the greatest years of service to the university at the date of submission, and (b) For whom the interval since the last award of faculty professional improvement leave has been greatest. (5) The chairperson/school director shall then forward the proposal(s) and all recommendations to the college dean. (6) After forwarding the recommendation(s) and proposal(s) to the dean, the department chairperson/school director shall inform the faculty member of the status of the proposal, including chairperson/school director recommendation(s). In the case of regional campus faculty, the chairperson/school director shall also send a copy to the regional campus dean and the associate vice president for the extended university. (E) Review process at the regional campus level. (1) The proposal shall be reviewed by the regional campus advisory committee to determine whether eligibility requirements have been met and consider the appropriateness of the proposed plans to the interests of the university and the individual's professional development. Upon completion of its review, the advisory committee shall advise the campus dean as to whether the purpose and plan for the faculty professional improvement is acceptable. (2) The campus dean, after consulting with the advisory committee, shall determine for each proposal the budget and staffing capability of the campus to replace the faculty member requesting the leave. (3) The campus dean shall make a decision on both the merits of the proposal and the capacity of the campus to provide the staffing support required. (4) The campus dean shall recommend staffing support, where possible, first to those applicants from the campus whose proposals were judged acceptable: (a) Who have the greatest years of service to the university, and; (b) For whom the interval since the last award of a faculty professional improvement leave has been the greatest. (5) The campus dean shall then forward the proposal(s) and all recommendations to the associate vice president for the extended university. (6) After forwarding the recommendations and proposal(s) to the associate vice president, the campus dean shall inform the faculty member of the status of the proposal, wit copies to the chairperson and college dean. (F) Review process at the independent school level. (1) The proposal shall be reviewed by the school advisory committee as to its merits and determine whether eligibility requirements have been met and consider the appropriateness of the proposed plan to the interests of the university and the applicant's professional development. Upon the completion of its review, the advisory committee shall advise the dean as to whether the purpose and plan for the faculty professional improvement leave is acceptable. (2) The dean, after consulting with the advisory committee, shall determine for each proposal from a Kent campus faculty member the budget and staffing capability of the school to replace the faculty member requesting the leave. (3) The dean shall make a decision on both the merits of the proposal(s) and the capacity of the department to provide the staffing report required by the proposal(s). For regional campus faculty, the dean's recommendation shall be concerned solely with the merits of the proposal. (4) For Kent campus faculty, the dean shall recommend staffing support, where possible, first to those applicants in the school whose proposals were judged acceptable: (a) Who have the greatest years of service to the university at the date of submission, and (b) For whom the interval since the last award of a faculty professional improvement leave has been greatest. (5) The dean shall then forward the proposal(s) and all recommendations to the office of the vice president for faculty affairs and personnel for review by the vice president for academic and student affairs. (6) After forwarding the recommendation(s) and proposal(s) to the vice president, the dean shall inform the faculty member of the status of the proposal, including the dean's recommendation(s). In the case of regional campus faculty, the dean shall also send a copy to the regional campus dean and the associate vice president for the extended university. (G) Review process at the collegial level. (1) The college dean shall review the recommendation(s) concerning each proposal and, after consultation with the college advisory committee, shall make a recommendation concerning the proposal. The dean shall then forward the proposal, together with all previous recommendations, to the vice president for faculty affairs and personnel for review by the vice president for academic and student affairs (for Kent campus faculty members), and to the associate vice president for the extended university (for regional campus faculty members). (2) The college dean shall inform the faculty member of the status of the proposal, including his/her recommended decision to the vice president, with a copy going to the chairperson/school director. In the case of a regional campus faculty member, a copy of the recommended decision shall also be sent to the regional campus dean. (H) Review process at the associate vice presidential level. (1) The associate vice president for the extended university will review the recommendations from the college deans and campus deans for all proposals submitted by regional campus faculty members, and make a recommendation concerning the proposal. The associate vice president shall then forward the proposal, together with all previous recommendations, to the vice president for faculty affairs and personnel for review by the vice president for academic and student affairs. (2) The associate vice president shall inform the faculty member of the status of the proposal, including his/her recommended decision to the vice president, with copies to the chairperson, the campus dean, and the college dean. (I) Review at university level. (1) The vice president for academic and student affairs may consult, where appropriate, with the dean of the graduate college. After review by and consultation with the vice president for faculty affairs and personnel, the vice president shall then make a final recommendation to be forwarded to the president. (2) The vice president for academic and student affairs shall inform the faculty member of the decision and, in the case of a negative decision, shall include the reasons therefore. In all cases a copy of the decision shall be sent to the vice president for faculty affairs and personnel, the dean and the department chairperson/school director. In the case of a regional campus faculty member, a copy shall also be sent to the regional campus dean and the associate vice president for the extended university. (J) Appeal. (1) If the decision of the vice president is negative, the faculty member may appeal to the president. (2) The appeal must be sent to the office of the vice president for faculty affairs and personnel, in writing, within ten working days after receiving notification of the vice president's decision. (3) In the appeal letter to the president, the faculty member should state completely and concisely why the appeal should be upheld. (K) Resignation. In the event a faculty member has to resign a faculty professional improvement leave, notification shall be sent to the vice president for academic and student affairs as soon as possible, with copies sent to the appropriate dean and the vice president for faculty affairs and personnel. (L) Summary report. No later than two months after the beginning of the semester following completion of a faculty professional improvement leave, the faculty member shall submit a summary report of the leave activities to the vice president for academic and student affairs, with copies going to the vice president for faculty affairs and personnel, the appropriate dean, and the department chairperson/school director. In the case of regional campus faculty, copies must also be sent to the associate vice president and the campus dean.
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Rule 3342-6-13 | University policy and procedure governing modification of the faculty probationary period.
(A) Policy statement. The probationary period for faculty
members who hold a full-time tenure-track appointment at Kent state university
is governed by policies on reappointment and tenure developed by the faculty
senate professional standards committee and approved by the faculty senate and
board of trustees. From time to time, personal and/or family circumstances
arise such that a probationary faculty member may need to request that their
probationary period be extended. Granting such an extension of the probationary
period has traditionally been called "tolling" or "stopping the
tenure clock." (B) Eligibility (i.e., When tolling is
permitted). (1) Faculty members shall be eligible to extend the
probationary period leading to a mandatory tenure review, upon request, if:
(a) The faculty (whether
male or female) is a caregiver of a newborn, newly adopted or foster child,
including a newborn, newly adopted or foster child of a domestic
partner. (b) The faculty member
develops a serious illness or disability or a member of his or her immediate
family (as defined in the universitys sick leave policy) becomes
seriously ill or disabled. (2) Faculty members may be eligible to extend the
probationary period leading to a mandatory tenure review, upon request, if the
faculty member has other personal and/or family circumstances of a compelling
nature that arise of or that occupy a substantial period of time during the
pre-tenure years. (C) Implementation: The same professional standards and
expectations shall apply to tenure candidates who have had an extension of
their probationary period, as would apply to candidates who have not.
Professional accomplishments realized during the extended probationary period
shall be considered part of a candidates record when he or she stands
for tenure and/or promotion. However, a candidate who has had his or her
probationary period extended by one or two years under this policy shall not be
expected to meet higher or more rigorous standards than the standards applied
to individuals who have followed the normal probationary period. (1) Faculty leave. Decisions about the extension of the
probationary period shall occur independent of a faculty member's leave
status. Faculty members may or may not have a full or partial leave during this
period. Separate university policies and procedures exist for securing a leave
(e.g. sick leave, leave of absence without pay, etc.) if one is
appropriate. (2) Length of tolling: An extension of the probationary
period shall be limited for one year for each qualifying event (or child), up
to a total of two years. An extension, if approved, shall be only for
increments of one year. The maximum extension of the probationary period will
be no more than two full years. (3) Requesting tolling. Any request to extend the mandatory
probationary period must be reviewed and approved on or before March first of
the spring semester prior to the time that the candidate for tenure submits his
or her tenure review file. (4) Dissemination of the policy. A copy of this policy
shall be provided to all those standing for reappointment and all new faculty
by the unit administrator during the first week of the academic
year. (5) Reappointment: A faculty member who has taken a tolling
year shall not submit a reappointment file during the tolling year. The
following year, the candidate will submit a reappointment letter detailing
their accomplishments during the prior two years. Reviewers are reminded that
irrespective of the two-year time-frame (or in the case of two years of
tolling, the three-year time frame), the productivity of a faculty member who
has tolled is not expected to exceed what is expected of a probationary faculty
member in a single year. (D) Procedures. A probationary faculty member may initiate
a request for an extension of his/her probationary period by the following
procedures: (1) On the Kent campus, the faculty member shall write a
letter to the department chair or school director requesting permission to
extend the probationary period and citing the reasons consistent with paragraph
(B) of this policy why such action is warranted. On the regional campuses, the
faculty member shall write a letter to the regional campus dean requesting
permission to extend the probationary period and citing the reasons consistent
with paragraph (B) of this policy why such action is warranted. (2) On the Kent campus, the department chair or school
director shall consult with the faculty advisory committee (FAC) or school
advisory committee (SAC). The FAC or SAC will make an advisory recommendation
to the unit administrator. The unit administrator will then make a
recommendation to the college dean. If the request is approved, he or she will
forward it to the dean's office for further review. On the regional
campuses, the campus dean shall consult with the faculty council. The faculty
council shall make an advisory recommendation to the campus dean. The campus
dean will then make a recommendation to the chief academic officer of the
regional campuses. If the request is approved, he or she will forward it to the
chief academic officer of the regional campus campuses for further
review. (3) The college dean shall consult with the college
advisory committee (CAC). The chief academic officer of the regional campuses
shall consult with the regional campus faculty advisory committee (RCFAC). The
CAC or RCFAC will make an advisory recommendation to the appropriate
administrator. The administrator shall then make a recommendation to the
provost. (4) If the request is approved by the provost, the office
of faculty affairs shall notify the faculty member in writing of the new date
for the mandatory tenure review and that existing professional standards, as
required by paragraph (C) of this policy, will govern the future tenure
decision. A copy of this letter shall be included in the candidates
tenure file. During any year which is tolled, the faculty member does not
submit a reappointment file. When the faculty member is next reviewed for
reappointment, all of the faculty members achievements, including those
completed during the period subject to tolling, shall be included in the
faculty members file. (5) External reviewers for tenure and promotion evaluation.
In the letter to the candidates external reviewers, the unit
administrator shall explain that the candidate was granted an additional year
or two years under the university tolling policy. The letter shall include the
following statement: "The tolling policy provides for additional years
toward tenure for a variety of circumstances, but the policy stipulates that
the presence of an extended probationary period shall not be interpreted to
increase the expectations for productivity normally placed upon a probationary
faculty member." (E) Appeals. (1) If the request is not approved by the unit
administrator or regional campus dean, the reasons for rejection will be set
forth in writing and provided to the faculty member in question. If a Kent
campus faculty members request is not approved, he or she will have the
right to appeal to the college dean in colleges with departments or schools, or
to the provost in colleges without departments and schools and university
libraries, as applicable. If a regional campus faculty members request
is not approved, he or she will have the right to appeal to the chief academic
officer of the regional campuses. Such an appeal must be initiated in writing
within two weeks of the receipt of the negative decision by the unit
administrator or campus dean. The appeal should state clearly why the faculty
member disagrees with the decision. Appeals should be heard in a timely
manner. (2) If the faculty members request is not approved
by either the college dean or the chief academic officer of the regional
campuses, the reasons for the rejection will be set forth in writing and
provided to the faculty member. The faculty member will have the right to
appeal to the provost. Such an appeal must be initiated in writing within two
weeks of the receipt of the negative decision by the college dean or chief
academic officer of the regional campuses, whichever is appropriate. The appeal
should state clearly why the faculty member disagrees with the decision.
Appeals should be heard in a timely manner.
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Rule 3342-6-14 | University policy regarding faculty tenure.
Effective:
October 1, 2021
(A) Purpose. Within the limitations of
Ohio laws and after the successful completion of the specified probationary
period and the evaluative process called for in this policy, Kent state
university shall grant faculty members indefinite tenure as one means of
ensuring academic freedom. (1) The only faculty
members covered by this policy are those who hold full-time appointments to the
regular ranks of the assistant professor, associate professor, or full
professor. Such appointments as term, full-time non-tenure track, casual or
continuing, part-time, lecturer, visiting, or adjunct and others are not
included in these understandings. (2) Kent state university
recognizes a limited appointment, that is, one automatically expiring after a
specified time, when the appointment recommendation particularly notes such an
automatic time limit and is accepted by the appointee. Such appointments are
not included in these understandings. (3) This policy applies
to administrative personnel who hold academic rank, but only in their capacity
as faculty members. (B) Initial procedure. "Indefinite
tenure" is a right of a faculty member to continuous appointment to a
professional position of specified locus in the university. The services of a
faculty member with tenure may be terminated by the university only under
policies stated in the sanctions for cause and retrenchment articles of the
applicable collective bargaining agreement. (1) For the purposes of
tenure, the term "unit" shall be defined as a department, school, or
college without subordinate academic departments or schools (hereafter,
"independent college"). The term "faculty" shall be
understood to mean those who hold regular full-time tenured or tenure-track
appointments. Given some variance in procedures followed for faculty from
independent colleges and/or regional campuses, sections of this policy have
been included to delineate these specific procedural differences. (2) Criteria appropriate
to a particular unit shall be formulated by that unit in light of college (if
applicable) and university standards and guidelines, the mission of the unit,
and the demands and academic standards of the discipline. (3) Tenure is granted in
the unit of instruction, department, school, or independent college specified
in the appointment. (4) Tenure is granted
either at the Kent campus or in the regional campuses system, but not both, and
is specified at the time of the appointment. (5) The unit handbook may
recommend that candidates for tenure should be expected to meet the minimum
criteria for promotion to associate professor and, in such cases, the higher
standards that a candidate for early promotion is expected to meet may be
applied to the candidate's application for early tenure as well. These
criteria only apply to regional campus faculty if a similar standard has been
set in the regional campus handbooks. (C) Probationary periods and notice: In
considering an individual for tenure, the length of time in the probationary
rank and the dates of notice are related to the initial appointment
rank. (1) Probationary periods
and notices dates. (a) An initial appointment at the rank of assistant professor
shall be subject to the following probationary periods. (i) If the appointment
carries no years of credit toward tenure the appointee shall receive written
notification by the fifteenth of March of the sixth year of service that:
(a) Tenure will be
granted. In this case the tenure shall be effective at the start of the next
contract year; or (b) Tenure is not to be
granted. In this case, the appointee shall receive a one-year terminal
appointment for the following academic year. (ii) If the appointment
as assistant professor carries some years of credit toward tenure, the number
of years shall be deducted from six and the provisions of paragraph (C)(1)(a)
of this rule shall be used with the new number replacing the six-year
provision; thus if an assistant professor is hired with two years credit
towards tenure, then the notification shall occur by the fifteenth of March of
the fourth year of service Typically, the maximum years of credit
toward tenure for an assistant professor hire is two years. However, in
extraordinary circumstances, additional credit may be granted after
consultation with the faculty advisory committee (FAC) at the time of
appointment. (iii) The terms and
conditions of every appointment, including credit for the previous academic
appointment and specification of the year in which tenure procedures will take
place, shall be stated in writing, which shall be in the possession of both
Kent state university and the faculty member before the appointment is
finalized. The tenure decision should be based upon these initial terms and
conditions. (iv) Faculty members may
apply for early tenure consideration. Except as specified in paragraph (B)(5)
of this rule, the criteria for evaluating an application for early tenure will
be the same as the criteria for an on-time application for tenure. A positive
vote on early tenure shall automatically constitute a positive vote for
reappointment. A negative decision on early tenure shall not prejudice the
decision on re-appointment or a later application for tenure. (b) Typically, an initial appointment at the rank of associate
professor, or an initial appointment at the rank of professor carries a
probationary period of three years. In extraordinary cases, a shorter
probationary period may be considered after consultation with the FAC at the
time of appointment. (i) If tenure is awarded
in consequence of the tenure review during the third full year of service, it
shall become effective with the contract for the fourth year of
service. (ii) If tenure is
denied, the candidate shall receive written notification by the fifteenth of
March of the third full year of service and shall receive a terminal
appointment for the fourth year. (c) Tenure with appointment: An initial appointment at the rank
of associate professor or at the rank of professor may carry tenure if, after
consultation with the unit's tenure committee at the time of the
appointment, the dean determines that a candidate's qualifications and
credentials meet Kent state university standards and the standards appropriate
to the candidate's discipline for the rank of associate professor, or
professor, as applicable. Approval of at least three-fourths of the members of
the unit's tenure committee eligible to vote, excluding those who abstain,
is required for tenure with appointment. (2) Because the purpose
of the probationary period is to provide an opportunity for observation, time
spent on leave other than a scholarly leave of absence (e.g., university policy
and procedures governing modification of the faculty probationary period) is
not considered as part of the probationary period. Summer appointments are not
counted within yearly appointments. (3) The conferring of
tenure is a positive act by the university and as such a faculty member cannot
receive tenure by default. (a) If an untenured faculty member does not receive notification
by the appropriate date, the fifteenth of March of the year in which the tenure
review is scheduled to be conducted in accord with paragraph (C)(1) of this
policy, the faculty member as part of the faculty member's professional
responsibility, shall have twenty working days to inquire of the unit
administrator, dean, or provost as to the status of the faculty member's
tenure decision. The university will have ten working days in which to
respond. (i) In the event that
the evaluative process has been conducted, the university will notify the
individual and the decision will go forward as if the appropriate notification
dates had been met. (ii) In the extreme case
that a candidate has not been evaluated for tenure at the proper time, the
candidate will be evaluated at the next regular evaluation period after the
error has been detected with all relevant notification dates delayed
accordingly. (b) Any failure in procedural matters by the university or the
faculty member shall not be sufficient cause for the conferring of tenure, the
denial of tenure, or the termination of employment. (D) Tenure criteria. For the purposes of
this policy "scholarship" is broadly defined to include research,
scholarly and creative work. Scholarship may include commercialization
activities relevant and appropriate to the academic discipline. For the
purposes of this policy "service" is broadly defined to include
administrative service to the university, professional service to the faculty
member's discipline, and the provision of professional expertise to public
and private entities beyond the university. (1) The granting of
tenure is a decision that plays a crucial role in determining the quality of
university faculty and the national and international status of the university.
Essentially, those faculty members involved in making a tenure decision are
asking the question; "Is this candidate likely to continue and sustain, in
the long term, a program of high quality scholarship, teaching, and service
relevant to the mission of the academic unit and the mission of the
university?" The awarding of tenure must be based on convincing documented
evidence that the faculty member has achieved a significant body of
scholarship, excellence as a teacher, and has provided effective service. The
candidate must also be expected to continue and sustain, over the long term, a
program of high quality scholarship, teaching, and service relevant to the
mission of the candidate's academic unit(s) and to the mission of the
university. (2) A minimum requirement
for tenure is the terminal degree in the candidate's discipline as noted
in the handbook of the candidate's academic unit. In exceptional cases,
this rule may be modified with the approval of the unit's tenure committee
and the provost. (3) The criteria for
assessing the quality of scholarship, teaching and service shall be clearly
specified and included in the handbook of each unit and campus. Guidelines for
weighing the categories of scholarship, teaching and service shall be
established by each unit for Kent campus faculty. For regional campus faculty,
guidelines for weighting the categories of scholarship, teaching and service
shall be established by each campus faculty council and this weighting shall be
used at all levels of review. The handbook should indicate with some
specificity how the quality and significance of scholarship, and the quality
and effectiveness of teaching, and service are to be documented and assessed.
Only documented evidence of scholarship, teaching, and service will be used in
assessing a faculty member's eligibility for tenure. In the evaluation of
scholarship, emphasis should be placed on external measurements of
quality. (4) All tenured and
tenure-track faculty members must have the opportunity to participate in the
establishment, development, and revision of the unit's criteria. These
processes should be democratic and public. (5) As the university
enters new fields of endeavor, including interdisciplinary initiatives,
instances may arise in which the scholarship of faculty members may extend
beyond established disciplinary boundaries. In such cases, care must be taken
to apply the criteria with sufficient flexibility. In all instances, superior
scholarly attainment, in accordance with the criteria set forth in the unit
handbooks, is an essential qualification for tenure. (6) A non-tenured faculty
member applying for promotion to the rank of associate professor or full
professor must also undergo a successful tenure review. (7) Criteria based upon
sex, race, color, age, national origin, religion, disability, sexual
orientation, political activity or other legally protected categories are
expressly forbidden. (E) Procedure for making decisions
regarding tenure. (1) Due process is
integral to an effective tenure policy. The guiding premise in the following
procedure is that the essential phases in the tenure consideration occur at the
unit level and at the regional campus (if applicable). Assessments and the
recommendations beyond these levels should reflect due regard for the
professional judgment and recommendations made at the unit and regional campus
levels. Review and assessment by extra-unit and extra-regional campus faculty
and the academic administration are necessary to insure the integrity of the
system. (2) External reviewers:
All candidates for tenure must submit the names of at least five persons
outside the university who are qualified to evaluate their achievements
objectively. The unit administrator shall solicit evaluations from at least
three of the qualified individuals whose names have been submitted by the
candidate. The unit administrator may also solicit evaluations from external
reviewers other than those named by the candidate but must inform the candidate
of the persons contacted. In addition, the college dean (where appropriate) may
consult with the unit administrator regarding any letters the dean may wish to
solicit for consideration at the unit level and inform the candidate of such
letters received. The candidate shall be given a copy of the letter to be sent
to outside evaluators and have the opportunity to comment before the letter is
mailed. (F) Procedures for making decisions
regarding tenure: the unit level. All actions involving tenure shall be
initiated at the academic unit level. (See paragraph (B)(1) of this rule for
definition of "unit.") Consideration of those standing for tenure
shall be undertaken by the unit tenure committee, chaired by the unit
administrator as a non-voting member and composed of all tenured members of the
unit's advisory committee and any full-time faculty who are tenured full
professors of the unit who may not be members of the faculty advisory
committee. No member of the committee shall be present when the committee
deliberates or votes on the tenure of an individual in a rank higher than that
of the individual member of the tenure committee, or on the tenure of a spouse,
domestic partner, or relative. A member of the committee who intends to vote on
a regional campus candidate at the regional campus level of review may be
present, but shall not vote on that candidate at the unit level. The unit
administrator serves as the non-voting chairperson of the tenure
committee. (1) Each spring semester
the unit administrator shall notify those faculty members who are eligible for
tenure consideration during the next academic year. (2) The unit
administrator shall make available copies of the guidelines, timetables, and
other information concerning the tenure review to all candidates in the unit,
Kent campus and regional campuses faculty members alike, no later than three
weeks before the deadline for submission of materials, which is at the end of
the first week of the fall semester. (3) All tenure reviews
will be carried out on a paperless, electronic system provided by the
university for this purpose. Candidates for tenure, reviewers and
administrators must submit and review tenure file documents on this system and
any official notification required under this policy will appear in this
system. Faculty members being considered for tenure are responsible for
developing, organizing, and including the evidence supporting their candidacy
for tenure in the electronic file. The unit administrator will meet with the
candidate to review the file in order to insure that the file is complete and
the candidate and the unit administrator will certify that the file is
complete. Thereafter, the candidate must be informed of anything that is added
to or removed from the file and provided the opportunity to insert written
comments concerning that new or removed material. At each level of review,
advisory bodies and administrators will have access to the complete file before
they consider the case. (4) Before convening the
tenure committee, the unit administrator shall formally invite signed written
comments from all tenured faculty members who are not members of the tenure
committee. The unit administrator shall provide these comments to the tenure
committee, shall provide a copy to the candidate, and shall place the comments
in the file. (5) Members of the tenure
committee on leave of absence or absent for justifiable reasons shall be
notified of the nominations and shall vote by absentee ballot, or they may
request from the committee the right to abstain from voting. Except where a
member of the tenure committee is ineligible to vote in accordance with
paragraph (F) of this rule or has been granted the right to abstain from
voting, all committee members shall submit a vote on each candidate. If the
tenure committee will consist of fewer than four voting members, then a special
procedure for enlarging it shall be developed by the unit administrator with
the advice of the faculty advisory committee and the assistance of the college
dean, if applicable, and the approval of the provost. (6) The unit
administrator shall discuss the unit administrator's estimate of the
strengths and weaknesses of each candidate with the unit tenure
committee. (7) The case of each
candidate shall be subject to candid discussion by the committee. During the
committee meeting, each voting member shall indicate the member's
nonbinding "yea" or "nay." After the meeting, each voting
member shall record the member's final vote by completing a signed
evaluation form with comments. (8) Approval of at least
three-fourths of the members of the tenure committee who vote, excluding those
who abstain under paragraph (F)(5) of this rule, shall constitute formal
endorsement to the unit administrator for tenure. (9) The unit
administrator shall assemble the recorded votes, and signed evaluation forms,
along with supporting statements, as well as other relevant documents regarding
the faculty member's application for tenure. The unit administrator shall
weigh and assess all relevant information and decide whether to recommend the
granting of tenure to the candidate. The unit administrator shall record the
unit administrator's decision, along with a signed statement supporting
it. (10) In the case of
regional campus and Kent campus faculty alike, the unit administrator shall
extend an invitation to the candidate to meet in order to discuss the
assessment and recommendation. This meeting should take place as soon as
possible. In all cases that are not unanimously positive, the unit
administrator must meet with the candidate within five working days from the
date of the submission of the unit administrator's letter to the
administrator at the next higher level. (11) The unit
administrator shall inform the offices of the appropriate college dean and/or
regional campus dean, where appropriate, and the provost of the results of the
unit's deliberations. The file must be completed and closed at the unit
level and no material shall be added or removed except as provided for in this
policy. (12) No later than the
date when the unit administrator transmits the unit administrator's
recommendation to the next higher administrative officer, the unit
administrator shall notify the candidate of this recommendation by
letter. (a) The unit administrator shall include with this letter a copy
of the unit administrator's letter of recommendation to the next higher
administrative office, a summary of the advisory recommendations of the tenure
committee, and copies of the committee's signed evaluation
forms. (b) In the unit administrator's letter to the candidate, the
unit administrator shall inform the candidate that the candidate has the right,
within ten working days, to add a letter to the candidate's file
responding to any procedural errors or errors of fact that the candidate
believes have been included in either the unit administrative officer's
letter, or the committee members' statements. (c) The unit administrator's letter shall also indicate
that, if the candidate wishes to appeal a negative recommendation, such intent
shall be expressed to the next higher academic officer in writing within ten
working days of receipt of the unit administrator's letter. (G) Procedures for making decisions
regarding tenure: the regional campus level: Regional campus candidates for
tenure will be reviewed both at the unit level, as described in paragraph (F)
of this rule, and at the regional campus level. The tenure committee of the
regional campus shall be composed of tenured members of the faculty council and
full-time faculty of the campus who are tenured full professors. No member of
the committee shall be present when the committee deliberates or votes on the
tenure of an individual in a rank higher than that of the individual member of
the tenure committee, or on the tenure of a spouse, domestic partner, or
relative. A member of the committee who intends to vote at the unit level of
review may be present, but shall not vote on that candidate at the regional
campus level. The faculty chair is a voting member of the campus tenure
committee, except in cases in which the faculty chair is untenured or has
otherwise not achieved the rank held by the candidate for tenure. In such
cases, the faculty chair will recuse himself or herself and a tenured
individual with the appropriate rank will be elected from and by the campus
tenure committee to fill the role of the faculty chair provided for in the
policy. (1) The regional campus
dean will make available to the candidate and the unit copies of those sections
of the campus handbook concerning the campus' method of weighting unit
criteria. (2) Regional campus
faculty members being considered for tenure are responsible for developing,
organizing, and submitting to the unit administrator the evidence supporting
their candidacy for tenure. The unit administrator will review the files with
the candidate for tenure in order to insure that the files are complete. The
unit administrator will prepare a statement for inclusion in each file
indicating that the file is complete as indicated in paragraph (F)(3) of this
rule. The unit administrator must notify the regional campus dean in a timely
fashion that the file is available for review by the campus tenure committee.
Thereafter, the candidate must be informed of anything that is added to or
removed from the file and provided the opportunity to insert written comments
concerning the added or removed material. (3) Before convening the
campus tenure committee, the faculty chair shall formally invite signed written
comments from all campus tenured faculty members who are not members of the
tenure committee. The faculty chair shall provide the comments to the campus
tenure committee, shall provide a copy to the candidate, and shall place the
comments in the file. (4) Members of the campus
tenure committee on leave of absence or absent for justifiable reasons shall be
notified of the candidacies and shall vote by absentee ballot, or they may
request from the committee the right to abstain from voting. Except where a
member of the tenure committee is ineligible to vote in accordance with
paragraph (G) of this rule or has been granted the right to abstain from
voting, all committee members shall submit a vote on each candidate. If the
campus tenure committee consists of fewer than four voting members, including
the voting chairperson, then a special procedure for enlarging it shall be
developed by the regional campus dean, with the advice of the faculty council
and the approval of the provost. (5) The case of each
candidate shall be subject to candid discussion by the committee. During the
committee meeting, each voting member shall indicate the member's
nonbinding "yea" or "nay." After the meeting, each voting
member shall record the member's final vote by completing a signed
evaluation form with comments. (6) Approval of at least
three-fourths of the members of the tenure committee who vote excluding those
abstaining under paragraph (G)(4) of this rule shall constitute a formal
endorsement to the regional campus dean for tenure. (7) The faculty chair
shall then summarize the committee's vote, signed evaluation forms, and
recommendation for support or non-support of granting tenure to the candidate
in a signed letter to the candidate and the regional campus dean. The letter
shall indicate that, if the candidate wishes to respond to a recommendation for
non-support, such a response must be made to the campus dean and copied to the
unit administrator within ten working days of receipt of the letter. Copies of
the faculty chair's letter shall be provided to the college dean, and to
the unit administrator of the candidate's unit. (8) The regional campus
dean shall assemble the records, along with supporting statements, ballots, and
other relevant documents. The regional campus dean will then review the file
and the advisory recommendations of the campus tenure committee and unit
administrator, weigh and assess all relevant information, and decide whether to
recommend the granting of tenure to the candidate. The regional campus dean
shall record the regional campus dean's decision along with a signed
statement supporting the decision. (9) The regional campus
dean should extend an invitation to the candidate to meet in order to discuss
the assessment and recommendation. This meeting should take place as soon as
possible. In all cases that are not unanimously positive, the regional campus
dean must meet with the candidate within five working days from the date of the
submission of the regional campus dean's letter to the appropriate
administrator. (10) The regional campus
dean's recommendations to grant or deny tenure to the candidate shall be
submitted to either the college dean (in the case of a candidate from a
dependent department or school) or to the provost (in the case of a candidate
from an independent college), with copies to the unit administrator and (where
the recommendation is to a college dean) to the provost. The file must be
completed and closed at the regional campus level and no material added or
removed except as provided for in this policy. (11) No later than the
date when the regional campus dean transmits the regional campus dean's
recommendations to the college dean or provost the regional campus dean shall
notify the candidate of the regional campus dean's recommendation by
letter. (a) The regional campus dean shall include within this letter a
copy of the regional campus dean's letter of recommendation to the college
dean or provost, a summary of the advisory recommendations of the tenure
committee, and copies of the committee's signed evaluation
forms. (b) In the regional campus dean's letter to the candidate,
the regional campus dean shall inform the candidate that the candidate has the
right, within ten working days, to add a letter to the candidate's file
responding to any procedural errors or errors of fact that the candidate
believes have been included in either the regional campus dean's letter,
the faculty chair's letter, or the committee members'
statements. (c) The letter shall also indicate that if the candidate wishes
to appeal a negative decision, such intent shall be expressed to the next
higher academic officer in writing within ten working days of receipt of the
regional campus dean's letter. (H) Procedures for making decisions
regarding tenure: colleges with dependent units. The college dean shall conduct
a review of the unit's decision, and where applicable, the regional
campus' actions and shall convene the college advisory committee, which
shall function as the college tenure committee. On the basis of the
qualifications of the candidate, this committee shall evaluate all assessments
deriving from the unit and, where applicable, regional campus levels, recommend
to the dean whether tenure should be granted or denied. (1) The college dean
shall be the chairperson and a nonvoting member of the college tenure
committee. Tenured members of the elected college advisory committee shall
serve as the college tenure committee to review recommendations and evaluations
from the departments and schools and recommend to the dean in each case whether
tenure should be granted or denied. This committee shall have made available to
it all data developed by the unit and where applicable, the regional campus. No
members of the college tenure committee may vote on candidates from their own
unit or own regional campus and no member of the committee shall be present
when the committee deliberates or votes on the tenure of a spouse, domestic
partner, or relative. (2) Members of the
college tenure committee on leave of absence shall be notified of the
candidates and shall vote by absentee ballots or they may request from the
committee the right to abstain from voting. Except where a member of the tenure
committee is ineligible to vote in accordance with paragraph (H)(1) of this
rule or has been granted the right to abstain from voting, all committee
members shall submit a vote on each candidate. If the college tenure committee
will consiste of fewer than four voting members, then a special procedure for
enlarging it shall be developed by the college dean, with the advice of the
college advisory committee and the approval of the provost. (3) The case of each candidate shall be
subject to candid discussion of the committee. During the committee meeting,
each voting member shall indicate the member's nonbinding "yea"
or "nay." After the meeting, each voting member shall record the
member's final vote by completing a signed evaluation form with
comments. (4) Approval of at least three-fourths of
the tenure committee who (excluding those who abstain for reasons under
paragraph (H)(1) of this rule) shall constitute a recommendation for tenure by
the college tenure committee to the college dean. (5) The college dean shall prepare a
written statement in which is recorded the recommendation of the college tenure
committee, along with the numerical vote. In addition, the college dean shall
submit a recommendation for approval or disapproval of tenure. (a) For Kent campus and regional campus candidates alike, the
college dean's statement and candidate's file are submitted to the
provost. (b) The file must be completed and closed at the college level
and no material shall be added or removed except as provided for in this
policy. (6) No later than the college
recommendation is submitted to the provost, the college dean shall notify the
candidate of the college dean's recommendation by letter. (a) The college dean shall include with this letter a copy of the
college dean's letter of recommendation to the provost, a summary of the
advisory recommendations of the tenure committee, and copies of the
committee's signed evaluation forms. (b) In the college dean's letter to the candidate, the
college dean shall inform the candidate that the candidate has the right,
within ten working days, to add a letter to the candidate's file
responding to any procedural errors or errors of fact that the candidate
believes have been included in either the college dean's letter or the
committee member's statements. (c) The letter shall also indicate that, if the candidate wishes
to appeal a negative recommendation, such intent shall be expressed to the next
higher academic officer in writing within ten working days of receipt of the
college dean's letter. (I) Procedures for making decisions
regarding tenure: the provost level. The provost shall conduct a review of the
previous actions and shall make an academic administrative recommendation on
tenure to the president. (1) To assist in this
process with respect to Kent campus faculty, the provost shall convene the Kent
campus tenure advisory board. The members of this board shall be appointed by
the provost in consultation with the provost's advisory council from a
list of tenured associate and full professors nominated by the faculty senate
executive committee, the college advisory committees, and the college deans. It
is ordinarily expected that, through such discussion, consensus on the Kent
campus tenure advisory board members will be reached. In the unusual
circumstance that the provost's advisory council and the provost are
unable to reach consensus in regard to the members of the board by the
specified date for the beginning of board's activity, the provost shall
convene a Kent campus tenure advisory board that includes those for whom
consensus has been reached and others that the provost appoints. This board
shall evaluate from a Kent campus-wide perspective the recommendations made
thus far and shall formally advise the provost as to whether, in its view,
these recommendations should be accepted. (2) To aid in making a
recommendation with respect to regional campus faculty, the provost shall
convene a regional-campus-wide tenure advisory board. The members of this board
shall be appointed by the Provost in consultation with the regional campuses
faculty advisory council and regional campus deans from a list of tenured
associate and full professors nominated by each regional campus faculty council
and the regional campus deans. It is ordinarily expected that, through such
discussion, consensus on the regional campuses-wide tenure advisory board
members will be reached. In the unusual circumstance that the regional campuses
faculty advisory council and the provost are unable to reach consensus in
regard to the members of the board by the specified date for the beginning of
the board's activity, the provost shall convene a regional campuses-wide
tenure advisory board that includes those members for whom consensus has been
reached and others that the provost appoints. This board shall evaluate from a
regional campus-wide perspective the recommendations made thus far and shall
formally advise the provost as to whether, in its view, these recommendations
should be accepted. (3) No member of the Kent
campus or regional-campus-wide tenure advisory board will vote on a candidate
for whom the member cast a ballot at a lower level of review and no member may
be present while the board deliberates or votes on the tenure of a spouse,
domestic partner, or relative. (4) The provost shall provide written
notification to all candidates for tenure of the action taken. Such
notification shall be made at least one week prior to the date designated as
the submission date for recommendations for tenure by the president to the
board of trustees. The communication to candidates whose tenure is not approved
shall include reasons why approval was withheld. A negative recommendation
shall include a statement of the relevant unit handbook criteria or criteria as
established in this policy that the candidate has failed to meet. Copies of
each communication shall be sent to the college dean, regional campus dean (if
applicable) and the unit administrator. (J) New material may be added as
requested by a review committee or the responsible academic administrator at
any level in order to correct or more fully document information contained in
the tenure file. In such instances, the candidate shall be notified of, and
given the opportunity to review, such new material as is added to the file and
also be provided with the opportunity to include written comments relevant to
this material and/or the appropriateness of its inclusion in the file. In no
case will a candidate for tenure be required to create new material or required
to procure material not currently in possession of the candidate. (K) Any faculty member whose tenure has
been disapproved at any level shall have the right to appeal to the next higher
academic administrative officer. In the case of denial by the provost, the
appeal shall be to the president, or when appropriate, to the joint appeals
board (see collective bargaining agreement, Article VII, Section 2). All
appeals must be initiated by the candidate in writing within ten working days
of the candidate's receipt of the disapproval notification or as otherwise
specified by the collective bargaining agreement. At each level of appeal, the
appellant shall be offered an opportunity to appear in person to present the
appellant's case orally before the appropriate tenure advisory committee
or board. The appellant may be accompanied by a colleague who may assist in
presenting the appellant's case. Furthermore, if an individual other than
the appellant is invited to address the committee or board, the appellant shall
have an opportunity to respond to any new information. The committee or board
shall determine whether the information is new and whether to invite an oral or
written response. The academic administrator in question shall consider the
vote of this body seriously before making the recommendation and shall inform
both the appellant and the academic administrator at the next higher level of
the results of this vote. (L) Academic administrators and members
of tenure committees are expected to act in accordance with the principles of
due process and abide by the "Professional Code of Ethics" (rule
3342-6-17 of the Administrative Code). All documents in the tenure process are
subject to the Ohio Open Records Law (section 149.43 of the Revised
Code). (M) Normally, decisions regarding tenure
for all faculty members who are appointed to a tenure-track position will be
governed by the university policies and procedures regarding faculty
reappointment, tenure, and promotion and the unit handbook in place at the time
of the initial appointment. In the event that university policies and
procedures regarding faculty reappointmetn, tenure, and promotion and/or the
unit handbook are revised during the faculty member's probationary period,
the faculty member will have the option of being governed by the current
policies and the current unit handbook or by the policies and the unit handbook
in place at the time of the faculty member's initial appointment. The
faculty member will include a written election of this option in the faculty
member's file. (N) Transfer of tenure. Tenured faculty
members may transfer from one academic unit to another; from the regional
campus system to an academic unit at the Kent campus, or from an academic unit
at the Kent campus to the regional campus system in accordance with the
following procedure (1) The tenured faculty
member who is seeking a transfer shall initiate a written request to both the
faculty member's current academic administrator (i.e., department chair,
school director, independent college dean or regional campus dean) and to the
academic administrator of the academic unit or regional campus to which the
faculty member seeks a transfer. (2) The appropriate
faculty advisory body of the academic unit or regional campus from which the
incoming faculty member seeks a transfer should provide a written
recommendation on the acceptability of the transfer to the academic
administrator. Upon receipt of this recommendation, the academic administrator
will forward the academic administrator's written recommendation together
with that of the faculty advisory committee, to the dean of the college, who in
turn makes a recommendation to the provost. In the case of faculty in
independent colleges, the unit administrator's recommendation is forwarded
directly to the provost. (3) The appropriate
faculty advisory body of the academic unit or regional campus to which the
incoming faculty member seeks a transfer should provide a written
recommendation on the acceptability of the transfer to the academic
administrator. In addition, the ad hoc tenure committee of the academic unit or
regional campus to which the incoming faculty member seeks a transfer should
evaluate the professional credentials of the incoming faculty member and
provide a recommendation to the academic administrator. In order to undertake
this evaluation, the committee may request evidence of excellence in
scholarship, teaching, and service in a form to be decided by the committee
(i.e., curriculum vita, teaching dossier, a written statement from the faculty
member seeking the transfer). Approval of at least three-fourths of the members
of the unit's or campus' tenure committee who vote, excluding those
who abstain, is required for transfer of tenure. If the ad hoc tenure committee
approves the transfer of tenure, the academic administrator will forward the
academic administrator's recommendation together with that of the faculty
advisory committee and the ad hoc tenure committee to the dean of the college
who in turn makes a recommendation to the provost. In the case of faculty in
independent colleges, the unit administrator's recommendation is forwarded
directly to the provost. (4) The provost shall
consult with the provost's advisory council. The final decision on the
transfer of a tenured faculty member between academic units and/or campuses
rests with the provost. In the event that the provost's decision conflicts
with the unit tenure committees vote, the provost shall provide a statement in
writing to the unit administrator explaining the decision. (5) A faculty member
whose tenure transfers under this section will retain the faculty member's
rank.
Last updated October 1, 2021 at 9:02 AM
|
Rule 3342-6-15 | University policy regarding faculty promotion.
Effective:
October 1, 2021
(A) Purpose. Promotion shall be viewed as
recognition of a faculty member's scholarship, teaching, and service. For
the purposes of this policy, "scholarship" is broadly defined to
include research, scholarly and creative work. For the purposes of this policy
"service" is broadly defined to include administrative service to the
university, professional service to the faculty member's discipline, and
the provision of professional expertise to public and private entities beyond
the university. (1) For promotion
purposes, the term "unit" shall be defined as a department, school,
or college without subordinate academic departments or schools (hereafter,
'independent college'). The term "faculty" shall be defined
as those who hold regular full-time tenured or tenure-track appointments. Given
some variance in procedures followed for faculty from independent colleges
and/or regional campuses, sections of this policy have been included to
delineate these specific procedural differences. (2) Criteria appropriate
to a particular unit shall be formulated by that unit in light of college (if
applicable) and university standards and guidelines, the mission of the unit,
and the demands and academic standards of the discipline. (B) Promotion criteria. Recommendations
for promotion shall be based upon two major classes of criteria. The first,
"academic credentials and university experience," describes the
normal minimums of credentials and time-in-rank necessary for promotion
consideration. The second, "academic performance and service," refers
to the record of actual performance and the accomplishments by the faculty
member in academic and service areas, as defined by the unit handbook. Unless
otherwise specified in the unit handbook, documented in-press and forthcoming
scholarly or creative works will be considered as part of the record of
accomplishments. (1) Academic credentials
and university experience. (a) Assistant professor. A faculty member will not be considered
for advancement to this rank until either completion of three years as an
instructor and possession of at least the master's degree, or until the
academic credentials minimally required for initial appointment at the
assistant professor's level are achieved. (b) Associate professor. This is one of the two senior ranks in
academia; accordingly a faculty member must possess the terminal degree in the
faculty member's discipline before promotion consideration. In exceptional
cases, this rule may be modified with the approval of the unit's promotion
committee and the provost. A faculty member will not usually be considered for
advancement to this rank until completion of five years as an assistant
professor, but in cases where the candidate has met the expectations for
promotion, they may be considered after completion of fewer years as an
assistant professor. Unless otherwise specified in the unit handbook, the
criteria for evaluating an application for early promotion will be the same as
the criteria for an on-time application for promotion. If the initial
appointment as assistant professor carries some years of credit toward tenure,
the number of years shall be deducted from the normal expectation that the
candidate has completed five years as an assistant professor; thus if an
assistant professor is hired with two years credit towards tenure and applies
for promotion to associate professor after completion of three years as an
assistant professor, the application would not be considered an application for
early promotion. A non-tenured faculty member applying for promotion to the
rank of associate professor must also undergo a successful tenure
review. (c) Full professor. As with associate professor, a faculty member
must possess the terminal degree in the faculty member's discipline before
promotion consideration. In exceptional cases, this rule may be modified with
the approval of the unit's promotion committee and the provost. A faculty
member will not usually be considered for advancement to this rank until
completion of five years as an associate professor, but in cases where the
candidate has met the expectations for promition, they may be considered after
completion of fewer years as an associate professor. Unless otherwise specified
in the unit handbook, the criteria for evaluating an application for early
promotion will be the same as the criteria for on-time application for
promotion. A non-tenured faculty member applying for promotion to the rank of
full professor must also undergo a successful tenure review. Unlike tenure and
promotion to associate professor, promotion to professor does not involve an
assessment of productivity within a set number of years. Rather, it recognizes
success in meeting the academic unit's requirements for scholarship,
teaching, and service commensurate with the rank of full professor,
irrespective of the number of years in the rank of associate
professor. (2) The criteria for
assessing the quality of scholarship, teaching and service shall be clearly
specified and included in the handbook of each unit and campus. Guidelines for
weighting the categories of scholarship, teaching and service shall be
established by each unit for Kent campus faculty. For regional campus faculty,
guidelines for weighting the categories of scholarship, teaching and service
shall be established by each campus faculty council and this weighting shall be
used at all levels of review. The handbook should indicate with some
specificity, how the quality and significance of scholarship and the quality
and effectiveness of teaching and service are to be documented and assessed.
Only documented evidence of scholarship, teaching, and service will be used in
assessing a faculty member's eligibility for promotion. In the evaluation
of scholarship, emphasis should be placed on external measures of
quality. (3) All tenured and
tenure-track faculty members of the unit must have the opportunity to
participate in the establishment, development and revision of the unit's
criteria. These processes should be democratic and public. (4) As the university
enters new fields of endeavor, including interdisciplinary initiatives,
instances may arise in which the scholarship of faculty members may extend
beyond established disciplinary boundaries. In such cases, care must be taken
to apply the criteria with sufficient flexibility. In all instances, superior
scholarly attainment, in accordance with the criteria set forth in the unit
handbooks, is an essential qualification for promotion. (5) Criteria based on
sex, race, color, age, national origin, religion, disability, sexual
orientation, or political activity or other legally protected categories are
expressly forbidden. (C) Procedures for making decisions
regarding promotion. (1) Due process is
integral to an effective promotion policy. The guiding premise in the following
procedure is that the essential phases in promotion consideration occur at the
unit level and at the regional campus (if applicable). Assessments and the
recommendations beyond these levels should reflect due regard for the
professional judgments and recommendations made at the unit and regional campus
levels. Review and assessment by extra-unit and extra-regional campus faculty
and the academic administration are necessary to insure the integrity of the
system. (2) External reviewers.
All candidates for promotion must submit the names of at least five persons
outside the university who are qualified to evaluate their achievements
objectively. The unit administrator shall solicit evaluations from at least
three of the qualified individuals whose names have been submitted by the
candidate. The unit administrator may also solicit evaluations from external
reviewers other than those named by the candidate but must inform the candidate
of the persons contacted. In addition, the college dean, where appropriate) may
consult with the unit administrator regarding any letters the dean may wish to
solicit for consideration at the unit level and inform the candidate of such
letters received. The candidate shall be given a copy of the letter to be sent
to outside evaluators and have the opportunity to comment before the letter is
mailed. (3) Any agreement at the
time of appointment concerning a candidate's future promotion must be
approved in writing by the unit administrator with the advice of the
unit's faculty advisory committee. Such agreement also must be approved by
the college dean (if applicable) and the provost. If previous experience at
another institution or in a related field is to be counted toward eventual
promotion, that shall be made clear in such an agreement. (D) Procedures for making decisions
regarding promotion: the unit level. Any action for the promotion of a faculty
member shall be initiated at the academic unit level. (See paragraph (A)(1) of
this rule for definition of "unit".) Consideration of those standing
for promotion shall be undertaken by a unit promotion committee chaired by the
unit administrator as a nonvoting member and composed of the tenured members of
the unit's faculty advisory committee and any full-time faculty who are
tenured full professors of the unit who may not be on the faculty advisory
committee. No member of the committee shall be present while the committee
deliberates or votes on the promotion of a spouse, domestic partner, or
relative. No member other than the unit administrator (who shall not be present
when the unit administrator's own promotion is discussed) shall be present
while the committee deliberates or votes on promotions to a rank higher than
that of an individual committee member. A member of the committee who intends
to vote on a regional campus candidate at the regional campus level of review
may be present, but shall not vote on that candidate at the unit
level. (1) Each spring semester,
the unit's faculty advisory committee shall review all faculty members
below the rank of full professor in the unit, including regional campus faculty
members, and from them nominate by simple majority vote a list of nominees for
promotion. To this list must be appended any names submitted by persons in
their own behalf, by the unit administrator and/or by an academic
administrative officer of the university. Those nominated shall be notified by
the unit administrator and permitted to withdraw their names if they wish.
Faculty with dual appointments shall be considered for promotion in their
primary academic unit after consultation with the secondary academic
unit. (2) The unit
administrator shall make available copies of the guidelines, timetables and
other information concerning promotion review to all candidates in the unit,
Kent campus and regional campus faculty members alike, no later than three
weeks before the deadline for submission of materials, which is at the end of
the first week of the fall semester. (3) All promotion reviews
wil be carried out on a paperless, electronic system provided by the university
for this purpose. Candidates for promotion, reviewers and administrators must
submit and review promotion file documents on this system and any official
notification required under this policy will appear in this system. Faculty
members being considered for promotion are responsible for developing,
organizing, and submitting to the unit administrator the evidence supporting
their candidacy for promotion. The unit administrator will meet with the
candidate review the file for promotion in order to ensure that the file is
complete and the candidate and the unit administrator will certify that the
file is complete. Thereafter, the candidate must be informed of anything that
is added to or removed from the file, and provided the opportunity to insert
written comments concerning that new or removed material. At each level of
review, advisory bodies and administrators will have access to the complete
file before they consider the case. (4) Before convening the
promotion committee, the unit administrator shall formally invite written
comments from all tenured faculty members who are not eligible to vote on the
promotion. The unit administrator shall provide those comments to the promotion
committee, shall provide a copy to the candidate, and shall place the comments
in the file. (5) Members of the
promotion committee on leave of absence or absent for justifiable reasons shall
be notified of the nominations and shall vote by absentee ballot, or they may
request from the committee the right to abstain from voting. Except where a
member of the promotion committee is ineligible to vote in accordance with
paragraph (D) of this rule or has been granted the right to abstain from
voting, all committee members shall submit a vote on each candidate. If the
promotion committee will consist of fewer than four voting members, then a
special procedure for enlarging it shall be developed by the unit administrator
with the advice of the faculty advisory committee and the assistance of the
college dean, if applicable, and the approval of the provost. (6) The unit
administrator shall discuss the unit administrator's estimate of the
strengths and weaknesses of each candidate with the unit promotion
committee. (7) The case of each
candidate shall be the subject of candid discussion by the committee. During
the committee meeting, each voting member shall indicate the member's
nonbinding "yea" or "nay." After the meeting, each voting
member shall record the member's final vote by completing a signed
evaluation form with comments. (8) Approval of at least
three-fourths of the members of the unit's promotion committee who vote,
excluding those who abstain under paragraph (D)(5) of this rule, shall
constitute the formal endorsement to the unit administrator for
promotion. (9) The unit
administrator shall assemble the recorded votes, signed evaluation forms, along
with supporting statements, as well as other relevant documents regarding the
faculty member's application for promotion. The unit administrator shall
weigh and assess all relevant information and decide whether to recommend
promotion. The unit administrator shall record the unit administrator's
decision, along with a signed statement supporting it. (10) In the case of
regional campus and Kent campus faculty alike, the unit administrator shall
extend an invitation to the candidate to meet in order to discuss the
assessment and recommendation. This meeting should take place as soon as
possible. In all cases that are not unanimously positive, the unit
administrator must meet with the candidate within five working days from the
date of the submission of the unit administrator's letter to the
administrator at the next higher level. (11) The unit
administrator shall inform the offices of the appropriate college dean,
regional campus dean, where appropriate, and the provost of the results of the
unit's deliberations. The file must be completed and closed at the unit
level and no material shall be added or removed except as provided for in this
policy. (12) No later than the
date when the unit administrator transmits the unit administrator's
recommendation to the next higher administrative officer, the unit
administrator shall notify the candidate of his/her recommendation by
letter. (a) The unit administrator shall include with this letter a copy
of the unit administrator's letter of recommendation to the next higher
administrative officer, a summary of the advisory recommendations of the
promotion committee, and copies of the committee's signed evaluation
forms. (b) In the unit administrator's letter to the candidate, the
unit administrator shall inform the candidate that the candidate has the right,
within ten working days, to add a letter to the candidate's file
responding to any procedural errors or errors of fact that the candidate
believes have been included in either the unit administrator's letter, or
the committee members' statements. (c) The letter shall also indicate that, if the candidate wishes
to appeal a negative recommendation, such intent shall be expressed to the next
higher academic officer in writing within ten working days of receipt of the
unit administrator's letter. (E) Procedures for making decisions
regarding promotion: the regional campus level. Regional campus candidates for
promotion will be reviewed at the unit level (as described in paragraph (D) of
this rule) and at the regional campus level. The promotion committee of a
regional campus shall be composed of the tenured members of the faculty council
and full-time faculty of the campus who are tenured full professors. No member
of the committee shall be present when the committee deliberates or votes on
the promotion of an individual to a rank higher than that of the individual
faculty member of the promotion committee, or on the promotion of a spouse,
domestic partner, or relative. A member of the committee who intends to vote at
the unit level of review may be present, but shall not vote on that candidate
at the regional campus level. The faculty chair is a voting member of the
campus promotion committee, except in cases when the committee deliberates or
votes on the promotion of an individual to a rank higher than the faculty
chair. In such cases, the faculty chair will recuse himself or herself and a
tenured individual with the appropriate rank will be elected from and by the
campus promotion committee to fill the role of the faculty chair provided for
in the policy. (1) The regional campus
dean will make available to the candidate and the unit copies of those sections
of the campus handbook concerning the campus' method of weighing unit
criteria. (2) Regional campus
faculty members being considered for promotion are responsible for developing,
organizing, and submitting to the unit administrator the evidence supporting
their candidacy for promotion. The unit administrator will review the files
with the candidate for promotion in order to ensure that the files are complete
and will prepare a statement for inclusion in each file indicating that the
file is complete as indicated in paragraph (D)(3) of this rule. The unit
administrator must notify the regional campus dean in a timely fashion that the
file is available for review by the campus promotion committee. Thereafter, the
candidate must be informed of anything that is added to or removed from the
file and provided the opportunity to insert written comments concerning the
added or removed material. (3) Before convening the
campus promotion committee, the faculty chair shall formally invite signed
written comments from all campus tenured faculty members who are not eligible
to vote on the promotion. The faculty chair will provide the comments to the
campus promotion committee, copy the candidate, and place the comments in the
file. (4) Members of the campus
promotion committee on leave of absence shall be notified of the candidacies
and shall vote by absentee ballots or they may request from the committee the
right to abstain from voting. Except where a member of the promotion committee
is ineligible to vote in accordance with paragraph (E) of this rule or has been
granted the right to abstain from voting, all committee members shall submit a
vote on each candidate. If the campus promotion committee will consist of fewer
than four voting members, including the voting chair, then a special procedure
for enlarging it shall be developed by the regional campus dean, with the
advice of the faculty council and the approval of the provost. (5) The case of each
candidate shall be subject to candid discussion by the committee. During the
committee meeting, each voting member shall indicate the member's
nonbinding "yea" or "nay." After the meeting, each voting
member shall record the member's final vote by completing a signed
evaluation form with comments. (6) Approval of at least
three-fourths of the members of the campus promotion committee who vote
(excluding those abstaining under paragraph (E)(4) of this rule) shall be
required for a recommendation to the regional campus dean for
promotion. (7) The faculty chair
shall then summarize the committee's vote, signed evaluation forms, and
recommendation for support or non-support of granting promotion to the
candidate in a signed letter to the candidate and the regional campus dean. The
letter shall indicate that, if the candidate wishes to respond to a
recommendation for non-support, such a response must be made to the campus dean
and copied to the unit administrator within ten working days of receipt of the
letter. Copies of the faculty chair's letter shall be provided to the
college dean and to the unit administrator of the candidate's
unit. (8) The regional campus
dean shall assemble the records, along with supporting statements, ballots, and
other relevant documents. The regional campus dean will then review the file
and the advisory recommendations of the campus promotion committee and the unit
administrator, weigh and assess all relevant information, and decide whether to
recommend the granting of promotion to the candidate. The dean shall record the
dean's decision along with a signed statement supporting the
decision. (9) The regional campus
dean should extend an invitation to the candidate to meet in order to discuss
the assessment and recommendation. This meeting should take place as soon as
possible in all cases. In all cases that are not unanimously positive, the
regional campus dean must meet with the candidate within five working days from
the date of the submission of the dean's letter to the appropriate
administrator. (10) The regional campus
dean's recommendation to grant or deny promotion to the candidate shall be
submitted to either the college dean (in the case of a candidate from a
dependent department or school) or to the provost (in the case of a candidate
from an independent college), with copies to the unit administrator and (where
the recommendation is to a college dean) to the provost. The file must be
completed and closed at the regional campus level and no material is to be
added or removed except as provided for in this policy. (11) No later than the
date when the regional campus dean transmits the regional campus dean's
recommendations to the college dean or provost, the regional campus dean shall
notify the candidate of the regional campus dean's recommendation by
letter. (a) The regional campus dean shall include within this letter a
copy of the regional campus dean's letter of recommendation to the college
dean or provost, a summary of the advisory recommendations of the tenure
committee, and copies of the committee's signed evaluation. (b) In the regional campus dean's letter to the candidate,
the regional campus dean shall inform the candidate that the candidate has the
right, within ten working days, to add a letter to the candidate's file
responding to any procedural errors or errors of fact that the candidate
believes have been included in either the regional campus dean's letter,
the faculty chair's letter, or the committee member's
statements. (c) The letter shall also indicate that, if the candidate wishes
to appeal a negative recommendation, such intent shall be expressed to the next
higher academic officer in writing within ten working days of receipt of the
regional campus dean's letter. (F) Procedures for making decisions
regarding promotion: colleges with dependent units. The college dean shall
conduct a review of the unit's decision and, where applicable, the
regional campus' actions and shall convene the college advisory committee,
which shall function as the college promotion committee. On the basis of the
qualifications of the candidate, this committee shall evaluate all assessments
deriving from the unit and, where applicable, the regional campus levels, and
recommend to the college dean either promotion or denial of
promotion. (1) The college dean
shall be the chair and a nonvoting member of the college promotion committee.
Tenured members of the elected college advisory committee shall serve as the
college promotion committee to review recommendations and evaluations from the
departments and schools and recommend to the college dean in each case whether
promotion should be granted. This committee shall have made available to it all
data developed by the unit and, where applicable, the regional campus. These
materials shall be the subject of candid discussion by the committee, except
that no member of the college promotion committee may vote on candidates from
their own unit or own regional campuse and no member of the committee shall be
present when the committee deliberates or votes on the tenure of a spouse,
domestic partner, or relative. (2) Members of the college promotion committee on leave of
absence shall be notified of the candidacies and shall vote by absentee ballots
or they may request from the committee the right to abstain from voting. Except
where a member of the promotion committee is ineligible to vote in accordance
with paragraph (F) of this rule or has been granted the right to abstain from
voting, all committee members shall submit a vote on each candidate. If the
college promotion committee will consist of fewer than four voting members,
then a special procedure for enlarging it shall be developed by teh college
dean, with the advice of the college advisory committee and the approval of the
provost. (3) During the committee meeting each
voting member shall indicate the member's nonbinding "yea" or
"nay." After the meeting, each voting member shall record the
member's final vote by completing a signed evaluation form with
comments. (4) Approval of three-fourths of the
members of the promotion committee who vote (excluding those who abstain for
reasons under paragraph (F)(1) of this rule) shall constitute a recommendation
for promotion by the college promotion committee to the college
dean. (5) The college dean shall prepare a
written statement in which is recorded the recommendation of the college
promotion committee, along with the numerical vote. In addition, the college
dean shall submit a recommendation for approval or disapproval of the
candidate's promotion. (a) For Kent campus and regional campus candidates alike, the
college dean's statement and candidate's file are submitted to the
provost. (b) The file must be completed and closed at the college level
and no material shall be added or removed except as provided for in this
policy. (6) No later than the date the college
recommendation is submitted to the provost, the college dean shall notify the
candidate of the college dean's recommendation by letter. (a) The college dean shall include with this letter a copy of the
college dean's letter of recommendation to the provost, a summary of the
advisory recommendations of the promotion committee, and copies of the
committee's signed evaluation forms. (b) In the college dean's letter to the candidate, the
college dean shall inform the candidate that the candidate has the right,
within ten working days, to add a letter to the candiate's file responding
to any procedural errors or errors of fact that the candidate believes have
been included in either the college dean's letter or the committee
member's statements. (c) The letter shall also indicate that, if the candidate wishes
to appeal a negative decision recommendation, such intent shall be expressed to
the next higher academic officer in writing within ten working days of receipt
of the college dean's letter. (G) Procedures for making decisions
regarding promotion: the provost level. The provost shall conduct a review of
the previous actions and shall make an academic administrative recommendation
on promotion forwarded to the president. (1) To assist in this
process with respect to Kent campus faculty, the provost shall convene the Kent
campus promotion advisory board. The members of this board shall be appointed
by the provost in consultation with the provost's advisory council, from a
list of tenured associate and full professors nominated by the faculty senate
executive committee, the college advisory committees, and the college deans. It
is ordinarily expected that, through such discussion, consensus on the Kent
campus promotion advisory board members will be reached. In the unusual
circumstance that the provost's faculty advisory council and the provost
are unable to reach consensus in regard to the members of the board by the
specified date for the beginning of the board's activity, the provost
shall convene a Kent campus promotion advisory board that includes those for
whom consensus has been reached and others that the provost appoints. This
board shall evaluate from a Kent campus-wide perspective the recommendations
made thus far and shall formally advise the provost as to whether, in its view,
these recommendations should be accepted. (2) To aid in making a
recommendation with respect to regional campus faculty, the provost shall
convene a regional-campus-wide promotion advisory board. The members of this
board shall be appointed by the provost in consultation with the regional
campuses faculty advisory council and regional campus deans from a list of
tenured associate and full professors nominated by each regional campus faculty
council and the regional campus deans. It is ordinarily expected that, through
such discussion, consensus on the regional campuses-wide promotion advisory
board members will be reached. In the unusual circumstance that the regional
campuses faculty advisory council and the provost are unable to reach consensus
in regard to the members of this board by the specified date for the beginning
of the board's activity, the provost shall convene a regional
campuses-wide promotion advisory board that includes those members for whom
consensus has been reached and others that the provost appoints. This board
shall evaluate from a regional campus-wide perspective the recommendations made
thus far and shall formally advise the provost as to whether, in its view,
these recommendations should be accepted. (3) No member of the Kent
campus or regional-campus-wide promotion advisory board will vote on a
candidate for whom the member cast a ballot at a lower level of review and no
member may be present while the board deliberates or votes on the promotion of
a spouse, domestic partner, or relative. (4) The provost shall provide written
notification to the candidates for promotion of the action taken. Such
notification shall be made at least one week prior to the date designated as
the submission date for recommendations for promotion by the president to the
board of trustees. The communication to candidates whose promotions are not
approved shall include reasons why approval was withheld. A negative
recommendation shall include a statement of the relevant handbook criteria or
criteria as established in this policy that the candidate has failed to meet.
Copies of each communication shall be sent to the college dean, regional campus
dean (if applicable) and academic unit administrator. (H) New material may be added as
requested by a review committee or the responsible academic administrator at
any level of review in order to correct or more fully document information
contained in the promotion file. In such instances, the candidate shall be
notified of, and given the opportunity to review, such new material as is added
to the file and shall also be provided with the opportunity to include written
comments relevant to this material and/or the appropriateness of its inclusion
in the file. In no case will a candidate for promotion be required to create
new material or required to procure material not currently in possession of the
candidate. (I) Any faculty member whose promotion
has been disapproved at any level shall have the right to appeal to the next
higher academic administrative officer. In the case of denial by the provost,
the appeal shall be to the president, or when appropriate, to the joint appeals
board (see collective bargaining agreement, Article VII, Section 2). All
appeals must be initiated by the candidate in writing within ten working days
of the candidate's receipt of the disapproval notification or as otherwise
specified by the collective bargaining agreement. At each level of appeal, the
appellant shall be offered an opportunity to appear in person to present the
appellant's case orally before the appropriate promotion advisory
committee or board. The appellant may be accompanied by a colleague who may
assist in presenting the appellant's case. Furthermore, if an individual
other than the appellant is invited to address the committee or board, the
appellant shall have an opportunity to respond to any new information. The
committee or board shall determine whether the information is new and whether
to invite an oral or written response. The academic administrator in question
shall consider the vote of this body seriously before making the recommendation
and shall inform both the appellant and the academic administrator at the next
higher level of the results of this vote. (J) Academic administrators and members
of promotion committees are expected to act in accordance with the principles
of due process and abide by the "Professional Code of Ethics" (rule
3342-6-17 of the Administrative Code). All documents in the promotion process
are subject to the Ohio Open Records Law (section 149.43 of the Revised
Code). (K) Applicable university policies and
academic unit handbooks for faculty members being considered for
promotion. (1) Normally,
probationary faculty members being considered for promotion to assistant or
associate professor will be governed by the university policies and procedures
regarding faculty reappointment, tenure, and promotion and the unit handbook in
place at the time of the initial appointment. In the event that university
policies and procedures regarding faculty reappointment, tenure, and promotion
and/or the unit handbook are revised during the faculty members'
probationary period, the faculty member will have the option of being governed
by the current policies and the current handbook or by the policies and the
unit handbook in place at the time of the faculty member's initial
appointment. The faculty member will include a written election of this option
in the faculty member's file. (2) Normally, tenured
faculty members being considered for promotion to associate professor or full
professor will be governed by the university policies and procedures regarding
faculty promotion and the unit handbook in place at the time they submit their
promotion file. In the event that university policy and procedures regarding
faculty promotion and/or the unit handbook are revised during the five year
period preceding the submission of the promotion file, the faculty member will
have the option of being governed by the current policies and the current unit
handbook or by the policies and the unit handbook in place at any time during
the five year period. The faculty member will include a written election of
this option in the faculty member's file.
Last updated October 1, 2021 at 9:02 AM
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Rule 3342-6-15.1 | Administrative policy regarding graduate faculty.
Effective:
August 27, 2020
(A) Each academic unit shall form a graduate faculty
committee selected from its present full members of the graduate faculty. It
may be desirable for this committee to be the graduate studies committee to the
academic unit. This committee shall evaluate its faculty for graduate faculty
status and forward its recommendations to the academic unit administrator or
designee for approval. Recommendations for graduate faculty status shall be
based on the following minimum criteria. Additional criteria may be specified
in the academic unit handbook. (B) Criteria for full membership on graduate
faculty. (1) Appointment of full-time faculty status at Kent state
university. (2) Possession of the terminal degree that is appropriate
to the discipline. In most academic units, this is the doctorate. In some
instances, such as the case of an outstanding artist, musical performer, or
other specialist, achievement that has received regional, national, or
international recognition in the discipline may take the place of the terminal
degree. (3) Scholarly, creative, or professional activities
resulting in publications or other recognition of distinction during the past
five years as defined in the academic unit handbook. In rare instances and with
great caution, this requirement may be waived for senior faculty members who
have a distinguished record of thesis direction. (4) Good teaching at the graduate level, where appropriate.
It is understood that not all faculty members who participate regularly in the
training of graduate students have the opportunity to teach at the graduate
level. (5) Good advising/mentoring at the graduate level, where
appropriate. It is understood that not all faculty members who participate
regularly in the training of graduate students have the opportunity to
advise/mentor students at the graduate level. (C) Criteria for associate membership on graduate faculty.
(1) Appointment of full-time faculty status at Kent state
university. (2) The possession of the appropriate degree in the
discipline as stated in paragraph (B)(2) of this rule. (3) Strong potential for the training of graduate students
as determined by the graduate faculty of the academic unit. (4) Any additional criteria as specified in the academic
unit handbook. (D) Criteria for temporary membership on graduate faculty.
(1) The possession of the appropriate degree in the
discipline as stated in paragraph (B)(2) of this rule. (2) Scholarly, creative, or professional activities
resulting in publications or other recognition of distinction as defined in the
academic unit handbook. (3) Time-limited appointment and specified responsibilities
as recommended by the graduate faculty of the academic unit. (4) Individuals with temporary graduate faculty membership
need not have appointment as a full-time faculty member at Kent state
university. (E) Duties and privileges of full members of graduate
faculty. (1) Teach graduate courses. (2) Advise graduate students on their program of study.
(3) Serve on master's and doctoral examination
committees. (4) Direct master's theses, projects, or capstones.
(5) When approved by the graduate faculty of the academic
unit, direct doctoral dissertations. Additional criteria for directing doctoral
dissertations will be established in the academic unit handbook. (6) Serve as voting members of the graduate faculty, able
to serve on the graduate council and other graduate faculty committees.
(F) Duties and privileges of associate members of the
graduate faculty. (1) Teach graduate courses. Additional criteria for
teaching specific graduate courses may be specified by the graduate faculty of
the academic unit. (2) Advise graduate students on their program of study.
(3) When appropriate as judged by the graduate faculty of
the academic unit, serve on masters and doctoral examination committees.
(4) When appropriate as judged by the graduate faculty of
the academic unit, direct masters theses, projects, and capstones.
(5) When appropriate as judged by the graduate faculty of
the academic unit, co-direct doctoral dissertations with a full member of the
graduate faculty. (6) When appropriate as judged by the graduate faculty of
the academic unit, serve as voting members of the graduate faculty, able to
serve on the graduate council and other graduate faculty committees.
(G) Duties and privileges of temporary members of the
graduate faculty. (1) Teach specific graduate courses as specified by the
graduate faculty of the academic unit. (2) When appropriate as judged by the graduate faculty of
the academic unit, serve on masters and doctoral examination committees.
(3) When appropriate as judged by the graduate faculty of
the academic unit, co-direct masters theses, projects, and capstones
with a full member of the graduate faculty. (4) When appropriate as judged by the graduate faculty of
the academic unit, co-direct doctoral dissertations with a full member of the
graduate faculty. (H) All full and associate members of the graduate faculty
shall have their graduate faculty status reviewed according to the foregoing
procedures in the fall semester of every fifth year beginning in the fall of
2024. Academic units may review the graduate faculty status of full and
associate members as necessary given revisions to academic criteria for
graduate faculty status.
Last updated September 15, 2021 at 3:56 PM
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Rule 3342-6-15.2 | Administrative policy and procedures regarding university faculty pursuing a graduate program degree at the university.
(A) Policy statement. Enrollment of
full-time faculty in graduate program degree programs at the university is
governed by the following specified conditions. (1) Full-time faculty
members may enroll in any graduate degree program to which they are formally
admitted, whether offered by their own academic unit or another, provided that
they do not already hold the equivalent of that specific program degree.
(2) A full-time faculty
member who is pursuing a graduate program degree in their own unit and who is a
member of either the units graduate faculty committee or the graduate
curriculum committee shall not be present for any discussions pertaining to the
graduate program in which they are enrolled. (3) A full-time faculty
member who is pursuing a graduate program degree in their own unit shall not
serve as program coordinator for the graduate program in which they are
enrolled. (4) A full-time faculty
member pursuing a graduate program degree shall not serve on any thesis,
dissertation, or exam review committee for any student in the same program in
which the faculty member is enrolled. (5) A full-time faculty
member pursuing a graduate program degree shall not vote on any personnel
action affecting their thesis/dissertation advisor, any member of their
thesis/dissertation committee, or any faculty member from whom they are
currently taking a course. (6) In light of the
faculty members dual status as faculty and graduate student, the
academic unit administrator and/or regional campus dean may determine that
there are potential conflicts of interests concerning other academic unit or
campus committees. In such cases, and after consultation with relevant faculty
advisory bodies, the academic unit administrator and/or regional campus dean
may require that the faculty member recuse themselves from some or all of that
committees deliberations. Such restrictions will be clearly laid out in
writing. (7) In other respects,
the faculty member pursuing graduate program work in this university retains
all the rights and privileges normally belonging to their academic rank,
including faculty insurance plans and retirement benefits. (8) No faculty member
should take more than six hours of graduate level coursework (including,
independent research, thesis, or dissertation) in any one term. In unusual
cases, exceptions may be made to this rule by the senior administrator for
graduate affairs upon written request from the academic unit administrator or
campus dean. Such written request will provide a clear explanation of what is
unusual about the case such that it warrants an exception to the six credit
hour limitation. (9) If, in the opinion of
the academic unit administrator or regional campus dean, any aspect of the
faculty member's job performance is being unduly affected by their
participation in a graduate program, the faculty member may be required by the
academic unit administrator to reduce the amount of coursework taken. In such
cases, the restriction and the reasons for it will be clearly laid out in
writing. (10) Except where
obtaining a particular graduate program degree has previously been identified
as a requirement for continued employment as a full-time faculty member, a
faculty members performance in a graduate program degree shall not be
taken into account in personnel matters relating to the faculty members
status as a full-time faculty member.
Last updated June 1, 2022 at 8:30 AM
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Rule 3342-6-15.3 | Administrative policy regarding research creative activity appointments.
(A) Some special investigations which faculty members wish to pursue require unusual time commitments. The research or creative activity appointments are intended to help in such situations and is awarded either as an academic year or summer grant. An academic-year appointment is an authorization to the collegial dean and the departmental chairperson to make a major and unusual shift in a faculty member's load from teaching to research/creative activity duties. A summer appointment supports research/creative activity during the combined ten-week period coinciding with the two summer terms. It carries a fixed stipend. No other compensation may be earned concurrently with the summer appointment. Summer research appointments are awarded upon the condition that the recipient shall be a faculty member of this university the following year. (B) Further details and application forms are available from the office of research and graduate studies. The annual competition is announced early in the fall semester each year. (C) Research/creative activity appointments are made by the vice president for research and dean of graduate studies upon the recommendation of the university research council.
Last updated September 15, 2021 at 3:56 PM
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Rule 3342-6-16 | University policy and procedures regarding faculty reappointment.
Effective:
October 1, 2021
(A) Purpose. All tenure-track faculty
members hold probationary appointments for one year, subject to annual renewal.
Except where indicated in this paragraph (A), the total period of full-time
tenure-track employment at the university prior to continuous tenure will not
exceed six years. Faculty members with probationary appointments in the tenure
track will be reviewed annually until the academic year in which they are
considered for tenure. Because the purpose of the probationary period is to
provide an opportunity for observation, time spent on leave other than a
scholarly leave of absence or time spent pursuant to the university policy and
procedures governing modification of the faculty probationary period is not
considered part of the probationary period. Summer appointments are not counted
within yearly appointments. Scholarly leaves of absence for one year or less
will count as part of the probationary period. Reappointment reviews have as
their primary purpose the preparation of probationary faculty members for a
successful tenure review, and annual reviews will help to prepare them in the
following ways: (1) Probationary faculty
members will be given Information about university policies and unit and/or
regional campus goals, culture, and professional and collegial standards and
expectations;. For the purposes of reappointment, the term "unit"
shall be defined as a department, school, or college without departments or
schools. The term "faculty" shall be understood to mean those who
hold regular full-time tenured or tenure-track appointments. Given some
variance in procedures followed for faculty from colleges without departments
or schools and/or regional campuses, paragraphs of this rule have been included
to delineate these specific procedural differences. (2) Probationary faculty
members will participate in regular, complete, and specific formative
evaluations during the probationary period to foster their scholarship,
teaching and service. (3) Probationary faculty
members will have an opportunity to discuss their annual reviews; to respond to
suggestions for improvement in scholarship, teaching, and service; and to
receive a timely, fair evaluation of their responses. (4) Probationary faculty
members will have the opportunity to establish a mentoring relationship as an
aid in satisfying unit and if applicable, regional campus requirements and
conditions for tenure;. (5) Finally, probationary
faculty members will have the opportunity to establish a clear and consistent
record from which the university may confidently draw conclusions about their
future performance. (B) Initial procedure. Reappointment
review is a deliberate and important process. During the course of
reappointment reviews, the academic administrators (e.g., department chair,
school director, college dean, regional campus dean) will communicate to both
the probationary faculty member and to the evaluators a clear understanding
about the requirements and conditions of tenure. Eventually, at the time of
tenure review all parties should be sufficiently informed of these requirements
and conditions so that the process occurs in an atmosphere of fairness and is
based on well-documented employment practices. To help make sure this takes
place, the format of the electronic file (or portfolio) to be submitted at the
time of application for tenure and promotion should be shared with the
probationary faculty member early in the probationary period. To prevent annual
reappointment reviews from becoming an undue burden on probationary faculty
members and the colleagues who evaluate their files, units shall develop
reasonable guidelines for the construction of electronic reappointment files
and the presentation of documentation. All reappointment reviews will be carried out on
a paperless, electronic system provided by the university for this purpose.
Probationary faculty members, reviewers and administrators must submit and
review reappointment documents on this system, and any official notification
required under this policy will appear in this system. The probationary faculty
member will be notified by email of anything that is added to or removed from
the file as soon as it is added or removed. At each level of reappointment
review, the probationary faculty member, faculty advisory bodies and
administrators will be able to view the complete file. (C) Criteria. The criteria used in
assessing the quality of scholarship, teaching, and service in the review of
faculty seeking reappointment should conform to the units tenure
guidelines in the units handbook. Guidelines concerning the weighting of
those criteria will be applied consistently at all levels of review and will
come from the probationary faculty members unit of appointment or, if
applicable, campus of appointment as follows: all reappointment evaluations of
Kent campus probationary faculty members shall follow the units
guidelines concerning the weighting of the units tenure criteria, and
all reappointment evaluations of regional campus probationary faculty members
shall follow the campus guidelines concerning the weighting of the
units tenure criteria. (D) Affirmation principle. The principle
to affirm at reappointment review is, "Given the years of service to date
and the number of years until mandatory tenure review, it is reasonable to
expect that the probationary faculty member will eventually undergo a
successful tenure review." To help the probationary faculty member
accomplish this and to aid the reappointment committee in making such an
affirmation, expectations about scholarship, teaching, and service should be
outlined in the letter of appointment. Specific criteria should be detailed in
the unit handbook, and, if applicable, the campus handbook. (E) Due process is integral to an
effective reappointment policy. The guiding premise in the following procedure
is that the essential phases in reappointment considerations occur at the unit
level and, if applicable, at the regional campus. Assessments and
recommendations beyond these levels should reflect due regard for the
professional judgment and recommendations made at the unit and regional campus
levels. Review and assessment by extra-unit and extra-regional campus faculty
and the academic administration are necessary to insure the integrity of the
reappointment process. (F) Procedures for making decision
regarding reappointment: the unit level. All actions involving reappointment
shall be initiated at the academic unit level (department, school, or college
without departments or schools). Consideration of those standing for
reappointment shall be undertaken by the unit reappointment committee chaired
by the unit administrator as a non-voting member and composed of all tenured
members of the units faculty advisory committee and any full-time
faculty who are tenured full professors of the unit who may not be members of
the advisory committee. No member of the committee may be present when the
committee deliberates or votes on the reappointment of an individual in a rank
higher than that of the individual member of the reappointment committee, or on
the reappointment of a spouse, domestic partner or relative. A member of the
committee who intends to vote on a regional campus candidate at the regional
campus level of review may be present, but shall not vote on that candidate at
the unit level. (1) In the first year of
the probationary period the unit administrator will notify the probationary
faculty member in the appointment letter that a reappointment review will occur
shortly after the end of the first semester. At that time the probationary
faculty member will submit only a two to three page statement describing the
probationary member's accomplishments and plans for the remainder of the
academic year. All parties participating in the review should be aware that a
full review is not required at this time, but that two things should be
accomplished during this first review. (a) The unit administrator and the units reappointment
committee should review the probationary faculty member to make certain that
the terms of the initial appointment have been satisfied. (b) The unit administrator and the units reappointment
committee should apply those criteria in paragraph (C) of this rule which are
appropriate or are available (e.g., first semester peer review(s) and student
surveys of instruction) for the reappointment review. Faculty members from departments or schools
in the their first probationary year will not be reviewed by the college
advisory committees, but will be reviewed only at the unit, and where
appropriate, regional campus level, with a recommendation by the unit
administrator and, where appropriate, campus dean to the college dean. (2) For every following
annual review, near the end of the spring semester the unit administrator shall
notify all probationary tenure-track faculty members in the unit, Kent campus
and regional campus faculty members alike, that a reappointment review will
begin early in the fall semester of the next academic year. (3) The unit
administrator shall make available copies of the guidelines, timetables and
other information concerning reappointment review to all probationary faculty
members in the unit no later than three weeks before the deadline for
submission of materials, which is at the end of the first week of the fall
semester. At the same time, for regional campus probationary faculty, the
campus dean will make available to the probationary faculty member and to the
unit copies of those sections of the campus handbook concerning the
campus method of weighting unit criteria. (4) Probationary faculty
members are responsible for developing, organizing and submitting the
documentation supporting their reappointment. However, the unit administrator,
as well as colleagues, should assist probationary faculty members in the
preparation of their files, especially in their early years of service.
(5) The unit
administrator is responsible for including past reappointment letters and, for
Kent campus probationary faculty, the original letter of appointment in the
file. For regional campus probationary faculty, the campus dean is responsible
for including past reappointment letters and the original letter of appointment
in the file. The unit administrator will meet with the probationary faculty
member to review the file in order to insure that the file is complete, and the
probationary faculty member and the unit administrator will certify that the
file is complete. Thereafter, the probationary faculty member must be informed
of anything added to or removed from the file and provided with the opportunity
to include written comments concerning that new or removed
material. (6) Before convening the
reappointment committee, the unit administrator will inform all tenured faculty
members that the files are available for inspection, and will formally invite
written comments from all tenured faculty members who are not members of the
reappointment committee. The unit administrator will include those comments in
the file. (7) Members of the
reappointment committee on leave of absence may vote or they may request from
the committee the right to abstain from voting. Except where a member of the
reappointment committee is ineligible to vote in accordance with paragraph (F)
of this rule or has been granted the right to abstain from voting, all
committee members shall submit a vote on each candidate. If the reappointment
committee will consist of fewer than four voting members, then a special
procedure for enlarging it shall be developed by the unit administrator, with
the advice of the faculty advisory committee and the assistance of the college
dean, if applicable, and the approval of the provost. (8) The unit
administrator will comment on the strengths and weaknesses of, and the extent
to which the probationary faculty member has responded to issues raised in
previous reappointment reviews, especially suggestions about improvement in
scholarship, teaching, and service. Finally, the unit administrator should
provide his or her judgment of how well the probationary faculty member is
progressing toward a successful tenure review. (9) Each
candidates file shall be subject to candid discussion by the committee.
During the meeting, each voting member shall indicate the member's
non-binding vote of "yes," "yes with reservations," or
"no" concerning the reappointment of the probationary faculty
member. After the meeting, each voting member shall record his or her final
vote by completing the electronic evaluation form, with comments. The
reappointment committee members should consider their remarks carefully when
they prepare them because such peer evaluations are critical to the
reappointment process. (10) A simple majority of
the reappointment committee members who vote, excluding those who abstain under
paragraph (F)(7) of this rule, will constitute recommendation to the unit
administrator for reappointment. A vote of "yes with reservations"
will count as a positive vote to reappoint the probationary faculty member, but
it shall carry an additional message of concern. (11) The unit
administrator shall review the recorded votes, and evaluation forms, along with
supporting statements, as well as other relevant documentation regarding the
faculty members application for reappointment. The unit administrator
shall weigh and assess all relevant information and decide whether to recommend
the reappointment of the probationary faculty member. He or she will include in
the file a single, detailed assessment and recommendation, which clearly
conveys the strengths and weaknesses of the probationary faculty members
performance in scholarship, teaching, and service. The assessment and
recommendation should follow the criteria as specified in paragraph (C) of this
rule and also any individual expectations for a given probationary faculty
member. Specific suggestions concerning performance necessary to achieve a
positive tenure decision should also be included in this assessment and
recommendation. (12) As part of the unit
administrators assessment and recommendations, the unit administrator
shall inform the candidate that the candidate has the right, within ten working
days, to add a statement to the candidate's file responding to any
procedural errors or errors of fact that the candidate believes have been
included in either the unit administrative officers assessment and
recommendation or in the committee members evaluations. The unit
administrator shall also indicate that, if the candidate wishes to appeal a
negative recommendation, such intent shall be expressed to the next higher
education officer in writing within ten working days of the submission of the
unit administrators assessment and recommendation. (13) In addition, for
regional campus and Kent campus faculty alike, the unit administrator shall
invite the probationary faculty member to meet in order to discuss the
assessment and recommendation. This meeting should take place as soon as
possible. In all cases that are not unanimously positive, the unit
administrator must meet with the probationary faculty member within five
working days from the date of the submission of the unit administrators
assessment and recommendation. (G) Procedures for making decisions
regarding reappointment: the regional campus level. Faculty members at the
regional campuses will have reappointment reviews occur at both the regional
campus level and unit level (as described in paragraph (F) of this rule). The
reappointment committee of a regional campus will be composed of tenured
members of the campus faculty council and the full-time faculty of the
campus who are tenured full professors. No member of the committee may be
present when the committee deliberates or votes on the reappointment of an
individual in a rank higher than that of the individual reappointment committee
member, or on the reappointment of a spouse, domestic partner, or relative. A
member of the committee who intends to vote at the unit level may be present,
but shall not vote on that candidate at the regional campus level. The faculty
council chair conducts the deliberations and is a voting member of the campus
reappointment committee. (1) In the first year of
the probationary period the campus dean will notify the probationary faculty
member in the appointment letter that a reappointment review will occur shortly
after the end of the first semester. At that time the probationary faculty
member will submit only a two to three page statement describing his or her
accomplishments and plans for the remainder of the academic year. All parties
participating in the review should be aware that a full review is not required
at this time, but that two things should be accomplished during this first
review at the campus level. (a) The campus dean and the campus reappointment committee should
review the probationary faculty member to make certain that the terms of the
initial appointment have been satisfied. (b) The campus dean and the campus reappointment committee should
apply those criteria and weighting in paragraph (C) of this rule which are
appropriate or are available (e.g., first semester peer review(s) and student
surveys of instruction) for the reappointment review. Regional campus faculty
members from departments or schools in their first probationary year will not
be reviewed by the college advisory committees, but will be reviewed only at
the campus and unit levels with a recommendation by the unit administrator and
the campus dean to the college dean. (2) For every following
annual review, near the end of the spring semester, probationary faculty
members in the first year will not be reviewed by the college advisory
committees, but will be reviewed only at the campus and unit levels with a
recommendation by the campus dean and college/school dean/semester the unit
administrator will notify all probationary tenure-track faculty members in the
unit, Kent campus and regional campus faculty members alike, that a
reappointment review will begin early in the fall semester of the next academic
year. (3) The unit
administrator shall make available copies of the guidelines, timetables and
other information concerning reappointment review to all probationary faculty
members no later than three weeks before the deadline for submission of
materials, which is at the end of the first week of the semester. At the same
time, for regional campus probationary faculty, the campus dean will make
available to the probationary faculty member and the unit copies of those
sections of the campus handbook concerning the campus method of
weighting unit criteria. (4) Probationary faculty
members at the regional campuses are responsible for developing, organizing and
submitting to the unit administrator the documentation supporting their
reappointment. However, it is expected that the campus dean, unit
administrator, and campus and unit colleagues will assist probationary faculty
members in the preparation of their files, especially in their early years of
service. (5) The unit
administrator is responsible for including past reappointment letters from the
unit administrator, and the campus dean is responsible for including past
reappointment letters from the campus dean and the original letter of
appointment in the files. The unit administrator will review the file with the
probationary faculty member in order to insure that the file is complete, and
the unit administrator will certify that the file is complete. Thereafter, the
probationary faculty member must be informed of anything that is added to or
removed from the file and provided with the opportunity to include written
comments concerning that new or removed material. (6) Before convening the
reappointment committee, the faculty council chair will inform all tenured
faculty members that the files are available for inspection, and will formally
invite written comments from all tenured faculty members who are not members of
the reappointment committee. The faculty council chair will include these
comments in the file. (7) Members of the campus
reappointment committee on leave of absence may vote or they may request from
the committee the right to abstain from voting. Except where a member of the
promotion committee is ineligible to vote in accordance with paragraph (G) of
this rule or has been granted the right to abstain from voting, all committee
members shall submit a vote on each candidate. If the campus reappointment
committee will consist of fewer than four voting members, including the voting
faculty council chair, then a special procedure for enlarging it shall be
developed by the regional campus dean with the advice of the faculty council
and the approval of the provost. (8) The campus
reappointment committee will discuss the strengths and weaknesses of each
probationary faculty member. The committee will evaluate the probationary
faculty members response to previous reappointment letters, especially
to suggestions about improvement in scholarship, teaching and service, and
judge how well the faculty member is progressing toward successful tenure
review. (9) Each
candidates file shall be subject to candid discussion by the committee.
During the meeting, each voting member shall indicate the member's
non-binding vote of "yes," "yes with reservations," or
"no" concerning the reappointment of the probationary faculty
member. After the meeting, each voting member shall record the member's
final vote by completing the electronic evaluation form, with comments. The
campus reappointment committee members should consider their remarks carefully
when they prepare them because such peer evaluations are crucial to the
reappointment process. (10) A simple majority of
the reappointment committee who vote, excluding those who abstain under
paragraph (G)(7) of this rule, will constitute a recommendation to the campus
dean for reappointment. A vote of "yes with reservations" will
count as a positive vote to reappoint the probationary faculty member, but it
shall carry an additional message of concern (11) The faculty council
will then summarize the committees vote and evaluation forms in a
single, detailed assessment and recommendation to the regional campus dean
which addresses the strengths and weaknesses of the probationary faculty
members performance in scholarship, teaching, and service. The
assessment should follow the unit and campus standards as specified in
paragraph (C) of this rule, as well as any individual expectations for a given
probationary faculty member. The assessment and recommendation shall be
included in the file and shall indicate that, if the candidate wishes to
respond to a recommendation of not to reappoint, such a response must be made
to the campus dean and the unit administrator within ten days of the submission
of the faculty council chairs assessment and recommendation to the
campus dean. (12) The regional campus
dean shall review the recorded votes and evaluation forms, along with
supporting statements, as well as other relevant documentation regarding the
faculty members application for reappointment. The campus dean shall
weigh and assess all relevant information, and decide whether to recommend the
reappointment of the probationary faculty member. He or she will include in
this file a single detailed assessment and recommendation, which clearly
conveys the strengths and weaknesses of the probationary faculty members
performance in scholarship, teaching, and service. The assessment and
recommendation should follow the unit and campus standards as specified in
paragraph (C) of this rule and also any individual expectations for a given
probationary faculty member. Specific suggestions concerning performance needed
to achieve a positive tenure decision should also be included in this
assessment and recommendation. (13) As part of the
regional campus deans assessment and recommendation, the regional campus
dean shall inform the candidate that the candidate has the right, within ten
working days, to add a statement to the candidate's file responding to any
procedural errors or errors of fact that the candidate believes have been
included in either the regional campus deans assessment and
recommendation, the faculty council chairs assessment and
recommendation, or the committee members evaluations. The regional
campus dean shall also indicate that if the candidate wishes to appeal a
negative decision, such intent shall be expressed to the next higher academic
officer in writing within ten working days of the submission of the regional
campus deans assessment and recommendation. (14) In addition, the
regional campus dean should invite the probationary faculty member to meet in
order to discuss the assessment and recommendation. This meeting should take
place as soon as possible. In all cases that are not unanimously positive, the
campus dean must meet with the probationary faculty member within five working
days from the date of the submission of the campus deans assessment and
recommendation to the college/school dean or provost, as
applicable. (H) Procedures for making decisions
regarding reappointment: colleges with departments or schools. The dean shall
conduct a review of the units and, if applicable, the regional
campus assessments and recommendation for reappointment. Probationary
faculty members in the first year will not be reviewed by the college
reappointment committee. For every following annual review, the college dean
shall convene the college advisory committee, which shall function as the
college reappointment committee. Based on the probationary faculty
members progress toward tenure as presented in the supporting materials
and the unit/regional campus level assessments and recommendations, this
college reappointment committee will recommend to the dean whether to reappoint
or not to reappoint the probationary faculty member. (1) The college dean
shall be the chair and a nonvoting member of the college reappointment
committee. Tenured members of the elected college advisory committee shall
serve as the college reappointment committee to review the assessment and
recommendations from the departments and schools and recommend to the dean in
each case whether to reappoint the probationary faculty member. No member of
the college reappointment committee may vote on candidates from the
member's own unit, and no a member of the committee shall be present, when
the committee deliberates or votes on the reappointment of a spouse, domestic
partner, or relative. (2) Members of the
college reappointment committee on leave of absence shall be notified of the
candidacies and shall vote by absentee ballots or they may request from the
committee the right to abstain from voting. Except where a member of the
reappoinment committee is ineligible to vote in accordance with paragraph
(H)(1) of this rule or has been granted the right to abstain from voting, all
committee members shall submit a vote on each candidate. If the college
reappointment committee will consist of few than four voting members, then a
special procedure for enlarging it shall be developed by the college dean, with
the advice of the college advisory committee and the approval of the
provost. (3) In the cases of positive
recommendation from the units reappointment committee and the unit
administrator, and positive recommendations from the regional campus
reappointment committee and the campus dean where applicable, the college
reappointment committee may approve all such recommendations without reviewing
each individually. Each voting member will say either "yes" or
"no" and the dean will record the vote. (4) In the case of (a) A negative reappointment recommendation by the units
reappointment committee or the unit administrator, or the campus
reappointment committee or campus dean where applicable, or (b) Any individual case not acted on pursuant to paragraph (H)(2)
of this rule, the probationary faculty members file will be the subject
of candid discussion by the committee. During the meeting, each voting member
will indicate the member's non-binding vote of "yes," yes with
reservations," or "no" concerning the reappointment of the
probationary faculty member. After the meeting, each voting member will record
the member's final vote by completing the electronic evaluation form, with
comments. The college reappointment committee members should consider their
remarks carefully when they prepare them because such peer evaluations are
crucial to the reappointment process. Except where a member of the tenure
committee is ineligible to vote in accordance with paragraph (H)(1) of this
rule, all committee members shall submit a vote and comments on each candidate.
(5) Approval by a simple majority of the
members of the college reappointment committee who vote (excluding those who
abstain for reasons under paragraph (H)(1) of this rule) shall constitute a
recommendation for reappointment to the college dean. A vote of "yes with
reservations" will count as a positive vote to reappoint the probationary
faculty member, but it shall carry an additional message of
concern. (6) The dean shall prepare the
recommendation of the college reappointment committee. In the case of a block
vote, the dean will report whether the college reappointment committee supports
the unit or regional campus recommendation. In the case of votes on individual
cases, the dean will submit the actual vote of the college reappointment
committee. The dean will include in the file the actual recommendation from the
college reappointment committee along with the dean's recommendation
whether to reappoint or not to reappoint the probationary faculty
member. (7) As part of the college deans
recommendation, the dean shall inform the candidate that the candidate has the
right, within ten working days to add a statement to the candidate's file
responding to any procedural errors or errors of fact that the candidate
believes have been included in either the college deans recommendation
or the committee members statements. In addition, the college dean shall
also indicate that if the candidate wishes to appeal a negative recommendation,
such intent shall be expressed to the next higher academic officer in writing
within ten working days of receipt of the college deans
recommendation. (I) Procedures for making decisions
regarding reappointment: The provost level. The provost shall review the
reappointment recommendations at the college/school and unit/regional campus
levels. Unless reversed by the provost, the recommendation of the previous
level academic administrator will stand. The unanimous recommendations of the
college/school dean and the college/school dean's reappointment committee
and the unit administrator and the unit administrator's reappointment
committee, or where applicable the campus dean and his or her reappointment
committee, will stand unless the provost can provide compelling reasons for
reversing them. Probationary faculty members receiving a negative
recommendation at the provost level must be notified in accordance with
guidelines established in the collective bargaining agreement. (J) New material may be added as
requested by a review committee or the responsible academic administrator at
any level of review or appeal in order to correct or more fully document
information contained in the reappointment file. In such instances, the
probationary faculty member will be notified of, and given the opportunity to
review, such new material as is added to the file and also provided the
opportunity to include written comments relevant to this material and/or the
appropriateness of its inclusion in the file. In no case will a probationary
faculty member be required to create new material or required to procure
material not currently in the possession of the candidate. (K) Any faculty member who has not been
recommended for reappointment at any level will have the right to appeal to the
next highest academic administrative officer. In the case of denial by the
provost, the appeal shall be to the president, or when appropriate to the joint
appeals board. All appeals must be initiated by the probationary faculty member
in writing within ten working days after the submission of a negative
recommendation by an administrative officer or as specified otherwise in the
collective bargaining agreement. Appeals should be heard in a timely manner
(e.g., thirty calendar days). At each level of appeal at which a faculty
advisory body is designated to hear an appeal and make a recommendation to the
next highest academic administrative officer, the appellant will be offered the
opportunity to appear in person to present his/her case orally before the
appropriate reappointment committee. At the college level, appeals are heard by
the college advisory committee. The appellant may be accompanied by a colleague
who may assist in presenting the appellant's case. Furthermore, if an
individual other than the appellant (including any academic administrator) is
invited to address the committee, the appellant shall have an opportunity to
respond to any new information. The committee shall determine whether the
information is new and whether to invite an oral or written response. The
academic administrator in question will consider the vote of this body
seriously before making the recommendation and will inform both the appellant
and the academic administrator at the next highest level of the results of this
vote. (L) Academic administrators and members
of reappointment committees are expected to act in accordance with the
principles of due process and abide by the university policy regarding faculty
code of professional ethics. All official documents in the reappointment
process are subject to the Ohio Public Records Act as included in the Ohio
Revised Code. (M) Normally, decisions regarding
reappointment for all faculty members who are appointed to a tenure-track
position will be governed by the university policies and procedures regarding
faculty appointment, tenure, and promotion and the unit handbook in place at
the time of the initial appointment. In the event that university policies and
procedures regarding faculty appointment, tenure, and promotion and/or the unit
handbook are revised during the faculty member's probationary period, the
faculty member will have the option of being governed by the current policies
and the current unit handbook or by the policies and the unit handbook in place
at the time of the faculty members initial appointment. The faculty
member will include an election of this option in the faculty member's
file.
Last updated October 1, 2021 at 9:02 AM
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Rule 3342-6-17 | University policy regarding faculty code of professional ethics.
(A) The faculty of the university subscribes to the principle of the 1940 "Statement of Principles on Academic Freedom and Tenure" adopted by the American association of university professors. Within the rationale in the AAUP statement, it is emphasized that academic freedom is necessary to the mission of the faculty of a university, since it is eminently in the interest of society that, without fear of retribution, the professor should be free to conduct research and make public its results and to teach his/her subject in the classroom. Professional responsibility is a logical correlative of this freedom. (B) This code of ethics sets forth those responsibilities which as the correlatives of academic freedom are incumbent every facet of university life, but attempts to treat those that are most important and common, The spirit of this document as a whole should be easily applied to any specific situation not considered. (C) Responsibility to students. (1) The faculty members' central responsibility to their students is to attempt to impart a knowledge and understanding of a field of study to develop in students appropriate and relevant skills, and to do so in accordance with the best standards of scholarship and pedagogy in the discipline. (2) Faculty members have a responsibility to their students to entertain all questions relevant to the subject matter being taught and to discuss such questions, even if controversial, objectively. (3) Faculty members are responsible for providing instruction in the announced subject matter of the course, although they are free to interrelate the subject matter of the course to those contemporary issues that are relevant to the purposes and the subject matter of the course. (4) Faculty members should guard the classroom against external pressures, including the student's fear that what they do or say in the honest pursuit of intellectual inquiries will affect rating within a course, future chances of employment, or later standing in the community (5) Faculty members shall not exploit students for personal purposes either in or out of the classroom. (6) Faculty members should deal with students justly and impartially, regardless of their physical, mental, emotional, political, economic, social, racial, or religious characteristics or participation in extracurricular activities. (7) Faculty members should not do, with or without pay, such academic work as is properly to be done by the student. (8) Faculty members are expected to accept and carry out faithfully those duties central to the instructional commitment they have with their students including prompt and regular meeting of classes and student advising and consultation. (9) Faculty members should strive for a timely, just, and unprejudiced appraisal of all student work. Faculty members owe students the right of review of their work and grades given, and in case of serious grievance or dispute, the right of appeal. (10) Faculty members should secure permission and give credit for the use of original student contributions in their lectures or publications, in the same manner and degree as for materials from other sources. (11) Faculty members should encourage and protect honest performance by the student. They should pursue suspected cases of cheating and plagiarism by students. (12) Faculty members should not disclose confidential information about their students except as required by law or provided for by university regulations and procedures. (D) Responsibility to university. (1) In activities in which faculty members engage outside the university, it is plainly their responsibility to make it clear, when circumstances require, that they are acting as individuals and not as representatives of the university. (2) Faculty members should maintain in strict confidence all departmental or university matters agreed to be confidential. If any issue or matter is of such a nature that a faculty member, as a matter of conscience must speak out, this intention should be stated beforehand to all concerned. (3) Faculty members who seek modification or alteration of policy shall make every reasonable effort to carry their cases through governance channels. (E) Responsibility to profession. (1) Faculty members should seek and state the truth in their discipline as they see it. To this end they shall continue such studies and research as are necessary to remain current in their field. (2) It is the faculty members' responsibility to guard their freedom to inquire and to state the results of inquiry in lectures, publications, or other appropriate modes of expression. (3) Faculty members shall comment in candor and fairness on the work of colleagues when properly requested through duly constituted academic and faculty agencies and when in accordance with established policy. (4) Faculty members shall avoid personal attacks on colleagues and disparagement of other disciplines or programs, although reasoned criticism is recognized as legitimate. (5) Faculty members shall neither practice nor condone plagiarism in lectures, publications, or other public presentations, nor attach their name for credit to a paper or publication toward which they have made no professional contribution.
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Rule 3342-6-18 | University policy regarding faculty teaching load.
(A) All regular, full-time faculty are expected to work full-time for the university. This does not mean that each contributes in the same way. Some professors are employed by mutual agreement between themselves and their departments solely for undergraduate teaching. For these persons the teaching load shall be twenty-four credit hours per academic year. Some professors are employed for a mixture of undergraduate teaching, graduate teaching, and the public research that is an inherent part of graduate education. Their teaching load shall be the equivalent of twenty-four credit hours of teaching and shall include formal class teaching and appropriate teaching credit for advising of individual investigations, seminars, research, theses, and dissertations. (B) Some professors may serve the public professionally and without remuneration in ways that lie outside the classroom, laboratory, or studio. When this service contributes toward fulfilling the goals of the university, it may be part of the load of that professor. (C) University service, such as committee work, is expected from all regular, full-time faculty as part of their normal service. In those few cases when such service is very heavy the vice president for academic and student affairs or the collegial dean may allow this service to be an appropriate part of the load of the professor. (D) Since the nature of work differs among departments, load regulations cannot be applied uniformly. Therefore, each department chairperson, along with the departmental faculty advisory committee, shall specify which kinds of loads shall be the equivalents of twenty-four credits of formal course teaching per academic year, with appropriate adjustments being made for graduate teaching, research involvement, direction of laboratory and studio sections, and excessive number of preparations by a new faculty member, and unusually large class sections. Upon approval by the collegial dean, these specifications shall be filed with the dean and the human resources. All regular full-time faculty in the department shall be informed of these departmental understandings. (E) Full-time temporary faculty normally are assigned to teaching responsibilities which will total fifteen credit hours per semester. (F) Nothing in this policy shall contravene the terms of any contract which may be in effect between the university and a recognized agent of the faculty for collective bargaining.
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Rule 3342-6-18.101 | Operational procedures and regulations regarding faculty office hours.
(A) Policy statement. The purpose of this rule is to provide for minimum requirements regarding office hours required of faculty at Kent state university. The principal goal of office hours is to allow students access to faculty members. However, given the variations in time, location, and modality of courses (traditional, online or blended), it is possible that some flexibility within this rule may best serve student needs for access to faculty. (B) Implementation. The following paragraphs reflect the minimum requirements regarding faculty office hours: (1) During each regular academic year semester, summer session, or intersession in which a faculty member is the instructor of record for one or more courses (other than thesis, dissertation, or individual supervision), the faculty member is required to have office hours posted in the departmental office from the beginning of classes until the completion of the final assessment for the course. The faculty member shall notify each class of the hours during which the faculty member is available for consultation. A faculty member may either have fixed hours each week or offer flexible times for students. (2) During a regular academic year semester, each faculty member who is the instructor of record for one or more courses (other than thesis, dissertation, or individual supervision) shall be available for consultation through office hours either in person or electronically for a minimum of five hours per week. During a summer session or intersession, each faculty member who is the instructor of record for one or more courses (other than thesis, dissertation, or individual supervision) shall be available for consultation through office hours either in person or electronically for a minimum of three hours per week. (3) Each full-time faculty member teaching three credits or fewer in any regular academic year semester or in any summer session or interssion, as well as for each part-time adjunct faculty member, the expectation of availability may be adjusted upon consultation with the appropriate faculty governance body of the unit. (4) Given the variations in time, location, and modality of course offerings (traditional, online or blended), it is recognized that availability may more appropriately be facilitated via synchronous electronic means. Faculty members are expected to offer at least some of their office hours in a way that is consistent with the instructional modality of the course.
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Rule 3342-6-19 | University policy regarding emeritus status.
(A) Emeritus/emerita status may be conferred, following appropriate review and recommendation, upon faculty members and staff at the time of their official retirement from full-time employment. Emeritus status may be conferred by the board of trustees following appropriate review and recommendation by the appointing authority. (B) Emeritus/emerita status is granted in recognition of meritorious service at Kent state university and implies demonstration of exemplary professional competence and university citizenship, generally after service of at least ten years. (C) Emeriti shall be regarded as honored members of the university faculty or the unit from which they retired and shall be entitled to privileges and benefits as may be established by the university. (D) The procedures for recommending emeritus status are as follows: The recommendation of emeritus/emerita status is normally initiated at the department level upon notification that a faculty or staff member intends to retire. This recommendation is submitted to the next highest administrative level in writing, and shall include a summary of reasons in support of the recommendation. Depending on the status of the individual under consideration the following procedure will be followed: (1) Faculty and academic administrators with faculty rank. (a) The dean or division head then submits a recommendation to the provost. (b) The provost will then make a final recommendation regarding the granting of emeritus status, subject to approval by the president, and final confirmation by the board of trustees. (2) Unclassified (administrative-professional) and classified staff. (a) The appropriate vice president then submits a recommendation to the vice president for human resources. (b) The vice president for human resources will make a final recommendation regarding the granting of emeritus status, subject to approval by the president and final confirmation by the board of trustees.
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Rule 3342-6-20 | University policy for postdoctoral scholars, research associates, and senior research associates.
(A) Purpose. (1) To outline the terms and conditions of postdoctoral
scholars (postdocs), research associates and senior research associates.
(2) The university recognizes the valuable research and
educational contribution that these scholars and associates may make to certain
academic fields through non-faculty positions requiring a Ph.D. or equivalent
terminal (e.g., doctoral) degree. The university authorizes the office of the
chief academic officer to establish such appointments in keeping with national
standards and university policy. (3) Those authorized to select and sponsor these
appointments will make every effort to consider and advance the
university's commitment to diversity and its policy on equal
opportunity. (B) Definitions as used in this policy. (1) Postdoctoral scholar (i.e. "postdoc"). A
postdoc is an early-career individual holding a doctoral degree who is engaged
in a full-time, time-limited period of mentored research and/or scholarly
training for the purpose of acquiring the professional skills needed to pursue
a career path of the individuals choosing. (2) Research associate. An academic, but non-faculty,
position for individuals holding a doctoral degree who have some research or
scholarly experience after the doctoral degree, and who typically participate
in the research efforts of faculty or an academic unit. The primary purpose is
conducting research and/or scholarship for the purpose of supporting the
faculty or academic unit. (3) Senior research associate. An academic, but
non-faculty, position for individuals holding a doctoral degree who have at
least three years of prior experience as a postdoctoral associate and/or
research associate, and who typically participate in the research efforts of
faculty or an academic unit. The primary purpose is conducting research and/or
scholarship for the purpose of supporting the faculty or academic unit.
(C) Appointing and renewal requirements. (1) All postdoc, research associate and senior research
associate appointments and renewals that are one hundred percent grant or
centrally funded shall include consultation with the appropriate faculty
governance body of the academic unit and must be approved by the department
chair, dean of the college, and the vice president for research and sponsored
programs. (2) All postdoc, research associate and senior research
associate appointments and renewals that are at least partially funded with
academic unit funds shall include consultation with the appropriate faculty
governance body of the academic unit and must be approved by the department
chair, dean of the college, and the provost. (3) All postdoc, research associate and senior research
associate appointments and renewals must follow university policy and
processes. (D) Procedure and policy implementation for postdocs.
(1) Postdoc appointments are full-time, but temporary, one-
or two-year appointments. (2) Postdoc appointments may be granted to appointees who
were awarded a Ph.D. or equivalent doctoral degree in an appropriate field
typically within the last five years. (3) Postdoc appointments are typically renewable for up to
six years. All renewals are contingent upon available funding, satisfactory
performance on the part of the postdoc, and adherence to all university
policies and professional standards of conduct. (4) If the appointment is not being renewed at the end of
the appointment period for any reason, including lack of adequate funding, or
the postdoc has reached a maximum of six years in the position (including any
prior tenure as a postdoc), the department must provide at least thirty days
notice, in advance of the appointment end date. Postdocs are expected to
continue performing assigned responsibilities during the notice period.
(5) Department units will set the hiring rate for the
scholar in alignment with the funding source and in alignment with the baseline
standard set in each discipline based on market rates for research scholars in
that discipline. However, in the event that a research scholar may be
performing the same or similar work as a staff employee, every effort will be
made to align the compensation with the staff salary structure as well.
(6) Postdocs will be under the mentorship of a primary
faculty member who will seek, nominate, sponsor, and evaluate the fellow's
work. (7) A postdoc position is granted for the purpose of aiding
the postdoc in the pursuit of study or training that will advance his/her/their
education. The primary activity is training through research and scholarship.
(8) The university provides to postdocs all benefits and
provisions generally provided to full time staff, including one hundred sixty
hours of vacation leave per year, participation in the university health,
dental and vision insurance, basic life insurance program, the state or
alternative retirement plan, workers' compensation, etc., and postdoc is
subject to all payroll deductions standard for employment. (9) A postdoc position is not eligible for pay out of
unused vacation upon separation from the university. All vacation earned must
be used prior to the end of the assignment or vacation will be forfeited at the
time of separation. (10) Each postdoc must sign a statement at the commencement
of the appointment (employment agreement) affirming that all rights to
inventions or other intellectual property developed by the postdoc using
university resources, or jointly between the postdoc and other university
personnel, during the term of appointment will belong to the university in
accordance with university policies and state law. During the course of
appointment with the university, the postdoc must also comply with the federal,
state, and local laws, rules and regulations regarding his/her/their
research/assignment, including, but not limited to, intellectual property and
export control. (E) Procedure and policy implementation for research
associates and senior research associates. (1) A research associate or senior research associate is an
employee of Kent state university with a term appointment. The research
associate or senior research associate performs research and/or scholarly
activities under the direct instruction and supervision of a faculty member in
a supporting role. (2) Research associate or senior research associate
positions are term positions with typically a two-year appointment; all
renewals are contingent upon available funding, satisfactory performance on the
part of the research associate or senior research associate, and adherence to
all University policies and professional standards of conduct. (3) If the appointment is not being renewed at the end of
the appointment period for any reason, including lack of adequate funding, the
department must provide at least thirty days notice, in advance of the
appointment end date. Research associates or senior research associates are
expected to continue performing assigned responsibilities during the notice
period. (4) Research associate appointments may be granted to
appointees who were awarded a Ph.D. or equivalent terminal (e.g., doctoral
degree) in an appropriate field and who have additional research or scholarly
experience after obtaining the doctoral degree, at Kent state university or an
equivalent institution. (5) Senior research associate appointments may be granted
to appointees who were awarded a Ph.D. or equivalent doctorate in an
appropriate field and who have at least three years of additional research or
scholarly experience after obtaining the doctoral degree, as a postdoctoral
associate and/or research associate, at Kent state university or an equivalent
institution. (6) The university provides to research associates and
senior research associates all benefits and provisions generally provided to
full time staff, including one hundred sixty hours of vacation leave per year,
participation in the university health, dental and vision insurance, basic life
insurance program, the state or alternative retirement plan, workers'
compensation, etc., and postdoc is subject to all payroll deductions standard
for employment. (7) A research associate or senior research associate whose
salary is paid from grant funds is not eligible for pay out of unused vacation
upon separation from the university. All vacation earned while funded on grants
must be used prior to the end of the assignment or vacation will be forfeited
at the time of separation. (8) Each research associate or senior research associate
must sign a statement at the commencement of the appointment (employment
agreement) affirming that all rights to inventions or other intellectual
property developed by the research associate using university resources, or
jointly between the research associate and other university personnel, during
the term of appointment will belong to the university in accordance with
university policies and state law. During the course of appointment with the
university, the research associate must also comply with the federal, state,
and local laws, rules and regulations regarding his/her/their
research/assignment, including, but not limited to, intellectual property and
export control. (F) Implementation. (1) Persons in postdoc, research associate or senior
research associate appointments are expected to support the university
commitment to a positive and ethical community and are expected to comply with
all university policies and procedures. In the unlikely event that a person
needs to report a violation of policy, the person may use the same avenues as
allowed in the policy for employees after first reporting the situation to
their primary contact. (2) Persons in these appointments are not faculty nor are
they subject to the conditions of any collective bargaining agreement.
(3) The provost and the vice president for research and
sponsored programs will share oversight for these appointments and the
administration of this policy. (4) If instruction is allowed as part of the training or
funding, the appointee is required to adhere to the instructor of record policy
as applicable to the teaching appointment. (5) The appointee is responsible for monitoring, reporting,
and complying with all tax requirements related to compensation, whether direct
or indirect income.
Last updated July 27, 2023 at 8:49 AM
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Rule 3342-6-21 | University policy regarding consensual relationships and other relationship-based conflicts of interest.
(A)
Policy statement. This policy concerns consensual relationships between members
of the university community also engaged in a pedagogical or other relationship
where there exists a power differential (i.e. unequal authoritative, societal,
or social power) between the individuals as provided herein. It is the policy
of Kent state university that consensual relationships between faculty and
students in a teaching, evaluation, or advising relationship constitutes a
potential for a conflict of interest. (B) Definitions. For purposes of this policy, the terms
"Kent state university," "student,"
"faculty," and "consensual relationship" are defined as
follows: (1) "Kent state university" means all eight
campuses of Kent state university and related entities operating under the
auspices of Kent state university at any location. (2) "Student" means all who are enrolled or
participating in any offering provided by Kent state university. (3) "Faculty" means all full-time and part-time
employees with appointments for providing academic instruction. (4) "Familial Relationship" includes, but is
not limited to, those between mother, father, brother, sister, child, spouse,
domestic partner, grandparent, grandchild, mother-in-law, father-in-law,
daughter-in-law, son-in-law, brother-in-law, sister-in-law, legal guardian, or
other person who stands in place of a parent. (5) "Consensual relationship" means dating,
romantic and/or sexual relationships willingly undertaken by all involved
parties, including marital relationships. (C) Policies regarding potential conflicts of interest.
Consensual relationships between individuals in a teaching, evaluation, or
advising relationship constitutes a potential for a conflict of interest and is
subject to the following: (1) Faculty-student consensual relationships. Faculty
members and students shall not enter into consensual relationships with each
other if the faculty member is in the position to directly teach, evaluate,
supervise, or advise the student. However, even when a faculty member is not
directly evaluating, supervising, or advising a student with whom they are in a
consensual relationship, the faculty member must be cognizant of and sensitive
to the potential for the perception of favoritism by others. In all cases, the
faculty members academic unit or campus administrator shall be informed
by the faculty member in writing of the consensual relationship with a student
so that appropriate measures may be taken to prevent exploitation, favoritism,
or other conflicts of interest, actual or perceived. (2) Faculty-faculty consensual relationships. In all cases
in which the work relationship is such that one or both parties have the
potential to influence material outcomes for the other, the immediate
supervisor/department head(s) of both faculty members shall be informed in
writing of the consensual relationship so that appropriate measures may be
taken to prevent exploitation, favoritism, or other conflicts of interest,
actual or perceived. Under all circumstances, faculty in consensual
relationships with other faculty shall recuse themselves from decisions
regarding the others job performance, salary adjustments, and/or other
conditions of employment. Faculty members will recuse themselves from renewal,
reappointment, tenure, promotion, and merit deliberations regarding their
relationship partners. (3) Familial relationships. Familial relationships are a
special source of potential favoritism or conflicts of interest. Except in rare
or unavoidable cases, faculty members shall not directly teach, evaluate,
supervise, or advise a relative in the normal course of university study.
Further, except in rare or unavoidable cases, a faculty member shall not hire
or cause to be hired, evaluate, or supervise a relative. In all cases, the
appropriate supervisor shall be informed in writing so that appropriate
measures may be taken to prevent favoritism and other conflicts of interest,
actual or perceived. This policy is not intended to prohibit or in any way
discourage the practice of spousal hiring.
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Rule 3342-6-22 | University policy regarding environmental health and safety management.
(A) Kent state university is committed to achieving
excellence in providing a safe and healthy working environment, and to
supporting environmentally sound practices in the conduct of university
activities. The implementation of this policy will ensure systematic
integration of safety and environmental considerations into all university
activities. This policy on safety management applies to all members of the
university community. This policy also applies to contractors whose work is
directed on a day-to-day basis by university employees. (B) To meet this standard of excellence, the university
will implement management initiatives and best practices to include safety and
environmental considerations in university activities. (1) Kent state will comply with applicable safety and
environmental protection laws, regulations and requirements. University
activities are to be conducted in a manner that ensures the protection of
students, faculty, staff, visitors, the public, property and the
environment. (2) The university will maintain a safety and health
program to prevent injuries and illnesses, environmental incidents, property
losses and damages. The program will incorporate training, hazard assessments,
inspections, corrective actions, record keeping, committee establishment and
communication, and enforcement of work practices and rules. Achieving this goal
is the responsibility of every member of the university community. Supervisors
have particular responsibility for the activities of those employees who report
to them. (C) This policy must be clearly communicated to members of
the university community and university contractors. University expectations
and commitments are expressed through this and other policies, procedures,
guidelines, and notices, and in contract specifications. The format for
communicating specific expectations may vary from activity to activity, based
on the nature and severity of the hazards of the operations being performed.
Safety management relies on establishing objectives and on tracking performance
with respect to achieving and maintaining compliance with health, safety, and
environmental requirements. The following safety principles are intended to
provide directions to ensure safe activities from the inception of planning an
activity through the actual performance. The department of environmental health
and safety will publish and maintain information, guidelines, and implementing
instructions online, linked through
https://www.kent.edu/compliance/environmental-health-and-safety, for each set
of the specific safety principles outlined in this policy. (1) Safety management is based on individual responsibility
for safety and environmental stewardship. Managers at all levels must
demonstrate commitment to the implementation and sustained execution of all
elements of safety. Faculty, staff, students, and visitors support safety by
understanding and using these principles in their activities at the university.
Each individual is directly responsible for ensuring his or her own safety and
for promoting a safe, healthy, and environmentally sound workplace and
community. (2) University employees who direct the activities of other
individuals are responsible for protecting faculty, staff, students, visitors,
the public, and the environment, and for adhering to this policy.
Accountability should be addressed in job descriptions, performance
evaluations, and contracts. (3) The university will establish clear and unambiguous
lines of authority and responsibility for ensuring safety and environmental
protection at all organizational levels within the university, and with
university contractors. (4) Managers will ensure that employees possess the
experience, knowledge, skills, and abilities necessary to perform their safety
and environmental responsibilities. (5) The university will allocate resources to address
safety and environmental protection in all university activities. Protecting
faculty, staff, students, visitors, the public, and the environment is a
priority whenever activities are planned and performed. (6) Before a member of the university community conducts an
activity that has potential adverse implications for safety or the environment,
a responsible party must evaluate the associated hazards and environmental
impacts and identify the appropriate protective safety and environmental
requirements to assure that faculty, staff, students, visitors, the public, and
the environment are protected from adverse effects. The principal
responsibility for such an evaluation resides with employees, supervisors and
managers. The Kent state university environmental health and safety
("EHS") office is available for consultation and will assist with the
identification of appropriate requirements, controls, and standards, and with
their implementation. (7) The university will implement a program of external
communications, public participation, and stakeholder involvement to obtain
safety-related input from interested parties, including regulatory agencies,
funding organizations, local community groups, students, alumni, and emergency
response agencies. The program will institute a safety communications network
to address compliance and emergency situations. (8) The university will adopt engineering and
administrative controls for activities being performed to prevent and mitigate
hazards and environmental impacts. The strategy employed will be to prevent
damage by designing the activities and controls to reduce or eliminate
accidents, injuries, exposure, and unplanned releases of harmful substances to
the environment.
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Rule 3342-6-22.001 | Operational procedures and regulations regarding rest periods for civil service employees.
(A) It is recognized and customary for supervisors to grant rest periods to employees as a brief pause in their work routine to care for whatever personal needs necessary. (B) In an attempt to standardize this privilege throughout the university, the following suggestions are made: (1) Rest periods should not exceed fifteen minutes during the morning and again in the afternoon. (2) Rest periods should be carefully scheduled by the supervisor to insure that business activities are not curtailed.
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Rule 3342-6-22.1 | Administrative policy regarding a drug-free workplace.
(A) Policy statement. The university is committed to maintaining a workplace free of illegal drugs. Recognizing that illegal drug use poses health and safety hazards to employees and to the community at large, the university prohibits the possession or use of illegal drugs on all university property and at other locations where employees are conducting university business. (B) Employees manufacturing, distributing, dispensing, possessing or using illegal drugs on university property and at other locations during the conduct of university business are subject to dismissal. (C) The university will establish and maintain a drug-free awareness program including the following topics of concern: (1) Health and safety concerns from drug abuse. (2) University policy regarding illegal drug use. (3) Availability of approved drug counseling and rehabilitation services. (4) Penalties that may be imposed upon employees for drug-free violations. (D) In compliance with the Drug-Free Workplace Act of 1988, employees engaged in work under a federal grant or contract may be subject to additional requirements to ensure a drug-free workplace. (E) In accordance with federal regulations, the violation of this policy could result in the suspension, termination or debarment of the individual or the institution from federal grants and/or contracts.
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Rule 3342-6-22.2 | Administrative policy regarding rest periods for university employees.
Effective:
October 15, 2015
(A) It is recognized and customary for supervisors to grant rest periods to employees as a brief pause in their work routine to care for whatever personal needs necessary. (B) In an attempt to standardize this privilege throughout the university, the following suggestions are made: (1) Rest periods should not exceed fifteen minutes during the morning and again in the afternoon. (2) Rest periods should be carefully scheduled by the supervisor to insure that business activities are not curtailed.
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Rule 3342-6-23 | University policy regarding conflict of interest of university employees.
(A) University employment is a trust conferred by public authority for a public purpose. Such status forbids the employee from placing himself or herself in a position in which private interest conflicts with public duty. (B) Such university employment must follow the provisions set forth in statues of the state of Ohio, specifically as found in Chapter 102. of the Revised Code, "Public Officer-Ethics," regarding maintaining the confidentiality of information and the receipt of compensation from other than the university, and Chapter 2921. of the Revised Code, "Offenses against Justice and Public Administration," relating to private interest in a public contract. (C) No university employee, by virtue of employment by the university, should receive special treatment or favors from university employees, nor should any personal advantage, pecuniary or otherwise, be gained from such employment. This prohibition includes, but is not limited to: (1) Receipt of gifts; (2) Payment, pecuniary or otherwise, for service or materials not accounted for through regular university channels; and (3) The use of a student's services or labor on the university employee's private property without remuneration. (D) No university employee, by virtue of his or her employment, should receive special treatments or favors from others who do business with the university, nor should any personal advantage, pecuniary or otherwise, be gained from such employment, without prior approval as outlined below in this rule. See also paragraph (E) of rule 3342-6-24 of the Administrative Code. (E) Unless prior written approval is granted, no university employee may: (1) Use university resources, including, but not limited to, supplies, materials, equipment, secretarial or staff time, for personal business matters; or (2) Use university contacts or positions to further private business or other external activity by soliciting students or fellow employees, to participate in, subscribe to, or purchase the activity or any of its possible products, services, or results.
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Rule 3342-6-23.1 | Administrative policy regarding solicitation of employees.
(A) Purpose. (1) In order to ensure that employees have the opportunity to perform their jobs free from intrusions, it has become necessary to place certain restrictions on solicitation of employees and distribution of literature within all university buildings. (2) This policy shall apply to all solicitations with the exception of university-sponsored solicitation for charitable and other purposes. (3) However, given the nature and purposes of an academic community, it is specifically noted that the provisions of this solicitation of employees policy are not applicable to faculty, students, and other individuals engaged in the pursuit of knowledge as part of any curricular program or academic activity of the university. (B) Definitions. (1) "Distributing literature" means the dissemination or posting of any written or graphic material, including (without limitation) membership, authorization or pledge card, flyers, notices, or any other written information or forms. (2) "Non-employee" means any person not employed by the university or any other person not in an active work status with the university. (3) "Non-working time" means approved leaves, work breaks, lunch periods, and before and after scheduled working hours. (4) "Employee solicitation" means any oral advocacy of an organization or cause, unrelated to the employee's job description or profession, or request for contribution or support thereof of university employees by non-employees by non-employees or other university employees on university property. (5) "Work area" includes offices, shops, laboratories, classrooms, conference rooms, work stations and corridors leading directly thereto which are used for performing work, and any area where the employee performs his/her official duties. In departments where services are being delivered to the public, students, faculty and/or staff, the entire public area is considered a work area. (6) "Working time" means that time when an employee's duties require that he or she be engaged in work tasks, but does not include an employee's own time, such as meal periods, vacations and time before or after shift. (C) Implementation. (1) Solicitation by employees. (a) An employee may solicit other employees in both non-work and work areas only if all employees involved are on non-working time. (b) An employee may distribute literature that advertises or solicits support for organizations or causes unrelated to the employee's job description or profession only in a non-work area on non-working time and only if all employees involved are on non-working time. (c) Use of university facilities or services is prohibited unless authorized by an appropriate university official. (2) Solicitation by non-employees. (a) An organization or non-employee of the university wishing to solicit or distribute literature to employees within any building on any campus of Kent state university must request permission in writing forty-eight hours prior to the proposed visit. Requests relating to the Kent campus must be delivered to the manager of employee relations, university supply center, Kent, Ohio. Requests relating to any of the campuses located outside Portage county must be delivered to the dean of the specific campus. The request must state: (i) The purpose of the proposed visit; and (ii) The name of any person(s) or alternates who desire access to the campus. (b) The person designated above will attempt to locate a specific area for use by the organization or non-employee submitting the request and will then issue a permit designating the room, date and time it may be used. In the event two or more request for access to a designated area for the same or overlapping times have been made, the university will attempt to provide alternate designated areas. If no alternate designated area is available, the university may grant access to the available designated area on a rotating basis with equal time for its use. If the designated areas are unavailable due to a prior reservation, the university will immediately notify the requesting party of such conflict. (c) Solicitation and/or distribution of literature by an organization or non-employee within a building shall be limited to the designated area(s), time(s), and date(s) and, in addition, be consistent with the operational procedures and regulations in rule 3342-4-03.302 of the Administrative Code and the policy register. No employee may visit the designated area during his/her working time. No organization or non-employee may solicit employees or distribute literature elsewhere in the building whether or not the solicited employees are on working time. (d) Employees may be solicited outside of the building if they are on non-working time and as long as pedestrian and vehicular traffic is not impeded. (e) An organization or non-employee may solicit or distribute literature in designated parking lots without providing advance notice. Literature may not be placed on vehicle windshields. (f) Use of university facilities or services for solicitation purposes is prohibited unless authorized by an appropriate university official. (3) Bulletin boards. (a) An employee may post notices or other appropriate information on designated bulletin board as stated in the paragraph (B)(4) of rule 3342-4-03.301 of the Administrative Code, employee bulletin boards, and providing prior written approval has been obtained from the manager of employee relations or the dean of regional campus. (b) No solicitation or notices shall be posted anywhere on the campuses except on designated employee bulletin boards or other spaces as approved. (c) Solicitations or notices shall not be so large as to obstruct other approved postings. (d) Approval for the posting of notices or other appropriate information on designated bulletin boards shall be for a specific period of time. Each approved posting shall bear a date on which the posting must be removed and the initials of the person who approved the posting. (e) Posting materials for designated bulletin boards located within residence hall secured areas must be left at the area desk. (D) Violations. (1) Any employee who (in his/her personal capacity or acting as agent for any organization) violates any rule contained herein shall be subject to discipline. (2) Any organization or non-employee violating any rule contained herein shall be asked to leave university premises. Repeated violation may lead to the organization or non-employee being banned from the campus.
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Rule 3342-6-23.2 | Administrative policy regarding inappropriate service of clerical and secretarial employees.
(A) An employee's responsibilities should relate to the work of the office, the university and/or higher education in general. (B) Secretarial or employees in the classified service should not be asked to perform assignment beyond the scope of their responsibilities. (C) The director of talent management will assist in the resolution of questions regarding the scope of responsibilities, upon request.
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Rule 3342-6-24 | University policy regarding outside enterprises including employment of faculty and academic administrators.
(A) Outside activities of a professional nature are encouraged if the activities are consistent with the individual's responsibilities to the university and in furtherance of the aims of the university. Indeed the university recognizes that one mark of an individual's distinction is the esteem in which he or she is held by those outside the university who may request his or her expertise. (B) No individual, however, shall accept any employment or pursue other activity, whether of a professional or of a nonprofessional nature, which compromises his or her responsibilities to the university. (C) Prior to accepting continuing remunerative employment, each member of the faculty or academic administrative officer shall seek and obtain approval from the chairperson, school director or regional campus dean, the appropriate academic dean, and the vice president for faculty affairs and personnel or designee. For regional campus employees, approval is also required of the associate vice president for the extended university. In the case of requests from a vice president, approval must be secured from the president of the university. The approval process must be repeated at the start of each academic year. (D) Whenever there is a question or reservation about the effect of an outside activity of a faculty member or academic administrative officer upon the contractual responsibility to the prime employer, the university, the employee, and his/her responsible administrator shall inform and consult with each other. In the special case of a second teaching activity, it is inappropriate for a full-time university faculty member or full-time academic administrative officer while under contract to accept employment by neighboring or other external organizations to teach courses or to accept similar forms of employment if it conflicts with his or her primary responsibility to the university. (E) When, after consultation with the individual, the chairperson or academic officer fails to resolve an apparent abuse, then he or she initiate a review by the appropriate advisory committee. If an abuse is found, it may lead to possible disciplinary action, consistent with the established academic policies of the university. (F) An appeal from a denial of permission to engage in external activities, or against the findings of an advisory committee review, may be lodged with the next higher administrative officer.
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Rule 3342-6-25 | University policy regarding the employment of students.
(A) Policy statement. It is the policy of
the university to employ actively enrolled undergraduate and graduate students
in order to further the mission of the university, to provide opportunity for
financial assistance and to provide meaningful work experience. Such employment
will be on a part-time basis and should support a students academic
progress. Furthermore, such employment is not intended to reduce full-time job
opportunities for classified or unclassified employees. The employment of
students shall be consistent with applicable federal and state laws and
statutes governing employment practices. (B) Eligibility. This policy applies to
employees whose status as a student is a requirement of employment. An
individual who is currently employed as a member of the faculty, a classified
or unclassified staff member or a graduate appointee is typically not eligible
for student employment. (C) Appointing authority. The executive
director of career exploration and development serves as the appointing
authority for all student employees. This position is responsible for
establishing eligibility criteria and procedures for student employment
including offers, modifications, and terminations of appointment for
employees.
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Rule 3342-6-25.1 | Administrative policy regarding the employment of students.
(A) Policy statement. It is the policy of the university to employ actively enrolled undergraduate and graduate students in various campus positions. This policy serves to provide the administrative structure and procedure for such student appointments, with more specific operational processes and regulations outlined in the student employment handbook. (B) Eligibility. This policy applies to employees whose status as a student is a requirement of employment. (C) Definitions. (1) Supervisor or department head. The individual to whom responsibility is delegated to oversee work on behalf of the university by student employees. This individual is responsible for selecting, hiring, directly supervising, and providing guidance, training and instructions relative to the student employees assigned responsibilities. This individual is also responsible for being familiar with all statutes, regulations, and policies governing the appointment and termination of employees in their department. (2) Hourly student employee. Student paid on an hourly basis and nonexempt from the overtime provisions of the Fair Labor Standards Act. (3) Non-hourly student employee. Student paid on a salary basis for a specific time period (i.e., one time service, one month, one semester). (4) High school student employee. An individual who is an active, full-time high school student. High school students employed by Kent state university are not required to meet the enrollment guidelines as contained in paragraph (E)(8) of this rule. Employment of high school students must comply with all of the requirements of the state of Ohios minor labor laws (section 4109.01 of the Revised Code). (D) Categories of student appointment. These categories identify the specific nature of the working relationship for student staff. (1) Funding basis. The source of funds from which a student employee is paid is a critical factor in establishing the appointment. (a) University funded student appointment. Students employed by the university whose wages are paid in full by the employing university department. (b) Federal work-study program student appointment. Students employed by the university or by a university approved, off-campus organization who have applied for financial aid and have been determined to be eligible for employment under the federal work-study program (FWSP). The employing department will be charged a percentage of the students wages, and the difference will be charged to the students FWSP allocation as determined by the student financial aid office and by the U.S. department of education. Federal work-study wages can only be paid to student employees on an hourly basis. The FWSP places additional conditions and limitations on the appointment. (2) Appointment type. (a) Hourly. Most student employees are appointed on an hourly basis. Gross pay for a pay period is calculated using the total number of hours worked during the pay period, multiplied by the designated hourly rate of the appointment. (b) Non-hourly. Students are compensated on a fixed dollar amount for a specific time period, (i.e., one time service, one month, one semester). (E) Implementation. (1) Verification of student status and eligibility for employment. (a) To be eligible for student employment, an individual must: (i) Be an enrolled student as defined in paragraph (E)(8) of this rule, (ii) Complete all state, federal, and university forms required for employment, and (iii) Agree to comply with all applicable university and departmental procedures and policies pertaining to assigned responsibilities, to include the protection of the privacy of students and the authorized dissemination of any information according to university policy, as well as local, state, and federal laws. By accepting employment with the university, the student employee agrees to further follow all policies and procedures within the student employment handbook, as amended. (b) The appointing authority or designate must verify eligibility before an offer of appointment can be made. (2) Offer of appointment. No student employee should be expected to work without a formal offer of appointment which specifies basic responsibilities, rate of pay, general expectations regarding a work schedule, and duration of appointment. (3) Orientation. The initial appointment should include an orientation process in order to enable the employee to become familiar with the workplace and the expectations for their position. (4) Modification of appointment. Any substantial modification to the terms identified in paragraph (E)(2) of this rule should be communicated with reasonable advance notice to the student employment appointing authority. (5) Benefits. Student employees do not receive vacation, sick leave, or holiday pay; cannot earn annual longevity step increases, and are not eligible to apply for a leave of absence. (6) Termination of appointment. Student employment will cease under any of the following circumstances and termination must be communicated to the student employment appointing authority: (a) End of appointment. Effective with the specified end date of the academic year, semester or summer term designated as the period of appointment, a student employees appointment will automatically terminate, unless a new appointment is issued. (b) Voluntary. Student employees may resign from their university appointment at any time, preferably with advance notice, and should notify their supervisor. (c) Involuntary. At the recommendation of the supervisor, the appointing authority may terminate the employment of a student employee, preferably with advance notice. No reason is required to substantiate the action. (7) Work schedule. A student employee should be provided a general expectation regarding a work schedule. A students employment is temporary in nature and is incidental to the pursuit of an academic program. Students may not work more than twenty-eight hours per week. If the student exceeds the maximum hours as established by this policy, the student will not be eligible for future student employment. Continued violation of this policy will result in immediate termination of employment. (8) Minimum credit-hour enrollment requirement. (a) Academic year employment. (i) Students must be enrolled at the university for at least half-time (six credit hours for an undergraduate or four credit hours for a graduate student). Audited classes are not considered degree granting credits and do not count toward the six or four credit hour minimum. (ii) If a student drops below half-time enrollment status, their employment with the university will be terminated and medicare tax and Ohio public employees retirement system contributions will be withheld from their wages pursuant to federal and state laws. (b) Summer and break period employment. (i) Student employment during the summer is contingent upon enrollment during the following fall semester; unless the student will be graduating at the end of the summer. (ii) Admitted incoming freshmen and transfer students may be employed during the summer or break period preceding the semester of enrollment. (9) Ohio public employees retirement system (OPERS). Students are required as employees of a public university to contribute to OPERS. Students who meet the minimum hour enrollment requirement established by the university and state of Ohio for exemption in paragraph (E)(8)(a) of this rule may file a request to waive contribution with the appointing authority for student employment. Students who fail or cease to meet the criteria required for exemption at any time will be required by the university to contribute to OPERS. (F) General procedures. (1) Posting open student employment positions. All student position vacancies throughout the Kent state university system must be listed with the appointing authority for student employment. (2) Employment in more than one department. (a) Student employees may be employed in more than one department but the student must limit total hours worked in all departments to a part-time basis as provided in paragraph (E)(7) of this rule. (b) Students may work in a federal work-study and a university funded position at the same time. (3) Recording time. (a) Student employees must record their own time worked. Recording of another employee's time is a serious violation of university policy and could lead to disciplinary action. (b) Willful falsification or malicious handling of time keep records constitutes grounds for immediate dismissal. (4) Student employment pay plan. All student employees will be paid according to the approved pay plan. Classification level and hourly rate are based on the nature of the job. (5) Student employee grievance procedures. (a) A formal grievance process exists to give students a venue for resolving workplace issues. It is expected that each employing department will inform all student employees of the student employee grievance procedures contained in the student employment handbook. (b) Generally, it is expected that a complaint can be resolved at the point at which it arises. This means that the student employee(s) and the immediate supervisor should attempt to resolve the issue informally, with the right to appeal to a higher level exercised only after it is determined that mutual satisfaction cannot be reached. Consequently, every effort should be made to settle the grievance on the spot, on its merits, and with minimal delay. (c) In initiating a complaint, and throughout the formal appeals process, students may seek the counsel of the office of the student ombuds. The student ombuds will provide information, clarify procedures, and facilitate communication as requested. (d) It is understood that some issues may involve one or more policies that, because of either the nature of the complaint or the status of the complaint, may be related to university offices that have separate responsibilities for such policies. For example, an allegation of discrimination or sexual harassment could be reviewed separately by the office of equal opportunity and affirmative action. (e) There shall be no retaliation or abridgment of a student's rights resulting from the use of this policy. (f) As necessary, a student may submit a written request for a reasonable amount of time off work to attend hearings or meetings established as part of the grievance process. This request must be approved in writing by the immediate supervisor to be acted upon. (g) Regional campus student employee complaints filed at a regional campus are covered by rule 3342-8-01.6 of the Administrative Code and this policy register.
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Rule 3342-6-26 | University policy and procedures regarding distinguished academic ranks.
(A) The university has established distinguished academic ranks to recognize university faculty members for outstanding achievement and excellence in teaching, scholarly or creative activity and/or service. Distinguished academic ranks are designed to recognize the universitys best faculty members and to recruit outstanding faculty members from outside the university. (B) Distinguished academic ranks include, but are not limited to, distinguished professor or university professor and are separate and distinct from the academic ranks awarded pursuant to the university policy regarding faculty promotion. (C) Distinguished academic ranks grant further academic distinction to the holder beyond the rank of professor, may result in additional privileges and benefits, and may include but not be limited to tenure and/or the rank of professor, and may be for a specified term. (D) An individual may be recruited to the faculty by the university offering an appointment with a distinguished academic rank which may include special privileges and benefits, and may include but not be limited to tenure and/or the rank of professor, and may be for a specified term. (E) All terms and conditions of such an appointment will be stated in the letter of appointment. (F) Persons currently holding an administrative position at Kent state university, including unit administrator, may not simultaneously be appointed to a distinguished academic rank. (G) Nomination and selection procedure. When a member of the university community (e.g., individual faculty member, academic administrator, academic unit, campus, college, provost, president, member of the board of trustees) identifies an individual of exceptional qualifications whose achievements in teaching, scholarly or creative activity and/or service is outstanding, the nominating individual will notify the office of the provost. (1) If the provost determines that the individual is a suitable candidate for a distinguished academic rank, the provost shall notify the academic unit and regional campus dean, if applicable, of the specific title of the position under consideration. (2) The nominee shall submit a curriculum vitae and any other supporting documentation that the nominee would like to have considered. (3) The tenure advisory committee of the academic unit and, if applicable, the tenure advisory committee of the regional campus shall serve as the review committee and review the record of the nominee. The review committee shall solicit input from the full faculty of the unit and, if applicable, the full faculty of the regional campus. (4) The review committee shall vote on whether the individual nominated has sufficient qualifications to merit being appointed to a distinguished academic rank. This vote shall serve as a recommendation to the academic unit administrator and, where applicable, the regional campus dean concerning the qualifications of the individual nominated. (a) Where an individual nominated for a distinguished rank from outside the university is being considered for an appointment with tenure, the procedural process described in the university policy regarding faculty tenure that governs appointments with tenure will apply. (b) The academic unit administrator and regional campus dean, if applicable, shall prepare a formal letter of recommendation which describes the recommendation (or the non-recommendation) and the reasons therefore. (c) The letter of recommendation (or non-recommendation) along with the nominees curriculum vitae and any other supporting materials will be forwarded to the provost. (5) For nominees to an academic unit which is included in a college, the dean and college advisory committee shall review the recommendation from the academic unit and regional campus, if applicable, along with the nominees curriculum vitae and other supporting materials, if any, and make a recommendation on the appointment to the provost. (6) Upon receipt of the recommendation and, if applicable, the additional recommendation from the college, the provost will convene the provosts advisory council. The provosts advisory council shall consider the material forwarded by the academic unit and regional campus, if applicable, and the recommendation from the college, if any, and make a recommendation on the appointment to the provost. (7) The provost will consider the material submitted by the nominee and all previous recommendations and make a recommendation on the appointment to the president. (8) All such appointments require the approval of the president and the board of trustees. (H) The salary of a faculty member who holds a distinguished academic rank will be set annually by the president of the university. (I) Appointment to a distinguished academic rank should reflect the universitys commitment to diversity.
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