Chapter 3342-6 Administrative Policy on Awards and Compensation for University Employees

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.

Replaces: 3342-6-01

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 02/25/2009

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.

Replaces: 3342-6- 01.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/13/1979, 10/26/1979, 3/22/1982, 11/22/1985, 6/1/2007, 1/6/2014

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.

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/04/1977, 10/31/1979, 05/07/1982, 11/22/1985, 12/29/1986, 09/15/1987, 11/17/1987, 04/28/2003, 12/20/2004, 06/01/2007, 03/05/2008, 03/01/2015

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 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 (lYl) 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 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

Replaces: 3342-6-02.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/31/1979, 5/7/1982, 3/15/1984, 11/22/1985, 12/29/1986, 8/16/1991, 12/8/1994, 4/21/2003, 6/1/2007, 1/31/2008

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 president's 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 university's policy on equal employment opportunity. All job vacancies in the university's 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.

Replaces: 3342-6- 02.101

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/26/1979, 5/7/1982, 5/8/1984, 5/18/1984, 11/22/1985, 4/21/2003, 12/20/2004, 6/1/2007

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.

Replaces: 3342-6- 02.102

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 5/7/1982, 9/10/2001, 4/21/2003, 6/1/2007

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.

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 04/19/1979, 06/19/1981, 11/22/1985, 12/29/1986, 08/05/1996, 06/01/2007, 03/01/2015

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.

Replaces: 3342-6-04.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 6/30/1991, 6/1/2007

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.

Replaces: 3342-6- 04.2

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

3342-6-04.3 Administrative policy regarding independent contractors.

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

(B) Eligibility.

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

(2) Individuals who are currently employed with Kent state university may not be paid as an independent contractor.

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

(C) Definitions.

(1) Independent contractor - An individual who performs a service for the university, but is free from immediate control or direction in the performance of his or her work under a contract of service.

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

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

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

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

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

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

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

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

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

(vii) Independent contractors control their own employees. Independent contractors should not hire, supervise, or pay assistants per the direction of the university. If assistants are hired, it should be the decision of the independent contractor.

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

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

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

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

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

(xiii) Business expenses. Independent contractors are generally responsible for their own business expenses.

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

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

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

(xvii) Termination. Independent contractors' contractual agreement cannot be terminated, "ex post facto", so long as they produce a result which meets the contract specifications.

(D) Responsibility.

(1) Requesting department.

(a) The requesting department representative must initiate the completion of the "Independent Contractor Determination Form" and will forward all documentation to human resources for approval.

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

(c) An independent contractor working arrangement will not be commenced or entered into, without approval from human resources.

(2) Independent contractor.

(a) The independent contractor will furnish the university with all applicable employment information.

(b) A contractual agreement will be drawn by the university that will outline the expectations of the university for the assignment that the independent contractor will undertake.

(c) A confidentiality agreement will be signed by the independent contractor provided by the university.

(3) Human resources and general counsel.

(a) Human resources, in consultation with general counsel, will approve or deny requested independent contractor employment agreements.

(b) The office of procurement will be contacted when an independent contractor employment arrangement has been approved.

(4) Accounts payable.

(a) Accounts payable will be notified by human resources should an independent contractor relationship be established.

(b) The requesting department shall work with accounts payable to ensure all documentation is completed.

Replaces: 3342-6-04.3

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 02/25/2009

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) 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.

(c) Volunteers who perform sensitive tasks, such as the care and security of children or the handling of cash, 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 university's 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.

(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.

(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.

(c) Volunteers shall not be issued keys, swipe card, fobs or other means used to gain access to buildings or offices.

(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.

Replaces: 3342-6-04.4

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 12/1/2013

3342-6-05 University policy regarding employment of unclassified staff.

(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.

(a) 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 15 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 employee's 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.

Replaces: 3342-6-05

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/04/1977, 10/05/1979, 06/19/1981, 07/10/1981, 05/18/1984, 12/29/1986, 02/17/1989, 04/28/1992, 09/14/2006, 02/05/2007, 06/01/2007, 06/22/2007, 03/01/2015, 11/27/2016

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.

Replaces: 3342-6-05.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 7/1/2012

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 fiuctuating 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 following list :

(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.

Replaces: 3342-6-05.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 6/30/1991, 6/1/2007, 7/1/2012

3342-6-05.3 Administrative policy regarding academic administrative.

(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 percent 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 unit's 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.

Replaces: 3342-6-05.3

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 12/29/1986, 6/25/1996, 3/7/2000, 1/6/2014

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 individual's ability to meet the unit's 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 unit's and university's 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 university's goals to:

(1) Align employee performance with unit's and university's 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 university's 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 employee's 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 university's 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 university's right to continue or terminate an appointment.

Replaces: 3342-6-05.4

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 2/1/2005, 6/1/2007, 1/6/2014

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 provost's 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 percent 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) Sixfaculty 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 the 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 (3) 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. [ selected from each advisory body; 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 provost's 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)(1) 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.

Replaces: 3342-6-06

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 4/5/1982, 11/20/2004, 6/1/2007

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.

Replaces: 3342-6-07.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 6/30/1991, 6/1/2007

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.

Replaces: 3342-6-07.3

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 6/30/1991, 6/1/2007, 11/12/2010

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 percent.

(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.

Replaces: 3342-6-07.4

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 6/30/1991, 6/1/2007, 10/9/2009

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 employee's 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 employee's 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 employee's current classification. This supplement shall increase the employee's 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 employee's 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 employee's 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 employee's classification but work in circumstances that place additional complexity in the employee's 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-worker's 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 employee's 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 employee's 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 employee's base pay rate.

(e) All payments are subject to the appropriate taxes and other payroll deductions.

Replaces: 3342-6-07.6

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 6/30/1991, 11/20/2004, 6/1/2007

3342-6-07.7 Administrative policy regarding employees paid on a salary basis.

(A) Purpose. It is the university's 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 university's 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 employee's 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.

Replaces: 3342-6-07.7

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/19/2004, 6/1/2007

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.

Replaces: 3342-6- 07.8

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/18/1982, 12/6/1985, 6/1/2007

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.

Replaces: 3342-6- 07.10

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 8/24/1979, 11/22/1985, 10/20/2002, 6/1/2007

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.

Replaces: 3342-6-07.11

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 6/30/1991, 2/11/2003, 6/1/2007, 12/4/2008

3342-6-08 University policy regarding the compensation of administrative 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 university's 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.

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 09/20/2000, 02/01/2005, 06/01/2007, 03/01/2015

3342-6-08.1 Administrative policy and procedures regarding the compensation of administrative and professional salaried employees.

(A) Authority and responsibility. The board of trustees has final approval over maintenance of the base pay structure and annual salary increase pools. The administrative and professional base pay program will be administered by the director of talent management under the direction of the vice president for human resources. Job descriptions will be maintained by the compensation unit. Any changes in job descriptions or job functions should be reported to that office so that descriptions may be kept current. It is the responsibility of each department head to ensure that current job descriptions are on file with the compensation unit. It is the responsibility of each appointing authority to promote the consistent application of the administrative and professional base pay program, thereby supporting the compensation practices and objectives of Kent state university. Consultation with the compensation office is recommended before a final base pay determination is communicated to a current or prospective employee.

(B) Base pay structure. The base pay structure provides a framework for determining and administering base pay. The key parameters of this structure are the pay grade, the pay grade midpoint and the salary range.

(1) Pay grades and the assignment of jobs to those grades reflect significant, relative differences in positions across and within the divisions of the university.

(2) 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.

(3) The pay 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 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 pay range.

(4) Employees should be paid at least the minimum salary for their position, provided that the minimum requirements of that position are met.

(5) 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.

(6) The salary structure shall be reviewed periodically to maintain its internal equity and external competitiveness. Any recommended revisions in the structure will be presented to the executive officers for review and subsequently, 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.

(C) 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.

(1) 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.

(2) Job evaluation factors. The factors that are considered in evaluating administrative/professional jobs are:

(a) Knowledge and experience.

(b) Complexity and creativity.

(c) Institutional impact.

(d) Communication and collaboration.

(e) Leadership and supervision.

(3) 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. Each job will have a 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.

(4) New positions. Job evaluation of the position description questionnaire (PDQ), comparable positions already in the pay plan, and relevant market data will be considered in determining the title and pay grade for a new position.

(5) Changes in existing positions. Whenever the content of an existing position is changed significantly, the incumbent, the appointing authority (or designee), or human resources may initiate a review of the position. Ordinarily, when changes in duties and responsibilities having a substantive impact on the nature and scope of the position have been permanently assigned to or taken away from the position or when levels of education or experience required for the job noticeably change, a reevaluation is appropriate.

(a) If a change is not recommended by the compensation unit office, an appeal may be made to the appointing authority and the vice president for human resources for review of the decision.

(b) If a change is recommended by the compensation office, a summary will be delivered to the appointing authority to whom the position is charged. Upon receipt of the audit summary, the appointing authority will either approve the position reclassification or not approve the position reclassification. 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 office detailing those duties currently being undertaken by the employee that must be eliminated so as to conform to the current classification.

(c) Upon receipt of all applicable forms by the compensation unit, any salary increases resulting from the reevaluation will be effective the first day of the current pay period the date the employee assumed the duties. Any salary decreases will be effective the day the position is reassigned to a lower pay grade. Under no circumstances should a change in salary be retroactive for a period exceeding six months.

(d) A re-evaluation as a result of an incumbent's request will to not be conducted more than once in a rolling twelve-month period.

(D) 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.

(1) 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 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 unit 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. Salary amounts shall be determined by:

(a) The experience and education of the applicant in relation to the advertised job qualifications.

(b) Salaries being paid to current employees in that job or similar jobs.

(c) Salaries being paid to current employees in that pay range.

(d) Salaries paid in the appropriate external market.

(e) The salary history of the individual.

(f) Salaries of employees to be supervised.

(g) Funds available.

(2) Changes in pay grade.

(a) 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. Guidelines establishing the amount of the promotional increase to be used for the fiscal year will be established by the university prior to the start of each fiscal year. 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 office must review 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:

(i) The extent of the change in duties and responsibilities.

(ii) The qualifications and experience of the employee relative to the position requirements.

(iii) Position of the promoted employee's current salary in the new pay range.

(iv) 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.

(v) The relationship of the promoted employee's rate to the supervisor's rate and the rates of the employees they will supervise.

(vi) The number of pay grades the employee is moving.

(vii) External market data.

(b) Movement to a lower pay range. The movement of an employee to a job in a lower pay grade may be on a voluntary or involuntary basis and/or may be the result of a performance review. If reevaluation, organizational change or some other change (through no fault of the employee) results in movement of a job to a lower pay grade, the employee's salary normally will not change. Generally, movement to a lower pay grade is considered voluntary when the employee requests it. In this case, there may be a reduction in salary, subject to the maximum of the new lower range and based on internal equity to peers in the lower grade. Movement to a position in a lower pay grade, as documented through performance evaluation, will result in a reduction of salary to an appropriate position within the new salary range. This process must involve consultation with human resources, university counsel and the appointing authority. All such moves must be approved in advance by the vice president for human resources and the appointing authority. In all cases, an employee's salary must be reviewed in consultation with the compensation office 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:

(i) The qualifications and experience of the employee relative to the job requirements.

(ii) Position of the employee's salary in the new salary range.

(iii) The relative position of the employee's salary to the salaries of the other employees in the same and surrounding pay grades.

(iv) The number of pay grades the employee is moving.

(v) The employee's performance and qualifications in relation to the performance and qualifications of others in the same job.

(vi) The reason and origination of the movement.

(vii) Performance history.

(c) 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.

(d) Advancement within a pay grade. If an employee has sustained exceptional performance over an extended period of time and has clearly demonstrated the acquisition of new competencies as defined in an established, objective plan of development, then a modest increase will normally occur. When this type of plan is requested, prior approval must be obtained from the vice president for human resources in consultation with the appointing authority. If a position is reevaluated and there is in determined to be a recognized and significant increase in job duties, scope/responsibility and/or education/experience requirements, but not enough to warrant reassignment to a higher grade, then a modest increase may be recommended and approved by the compensation office. The amount of the in-range increase will generally be in the range of four to six per cent of the employee's current salary. This type of increase is exclusive of any university-wide pool that may be established for in-range adjustments.

(e) Status changes. If any type of status assignment of a position changes, such as from a term assignment to a continuing assignment, the position will be reevaluated. 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.

(3) Periodic salary increases. The board of trustees has final authority over the 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.

(a) When determining the aggregate amount of the salary increase pool, the following factors will be given consideration:

(i) Market data.

(ii) Economic indicators.

(iii) Salary planning projections.

(iv) Availability of funds.

(b) This type of salary increase will be awarded on the basis of one's job performance. The performance of each employee will be evaluated at least annually and more frequently, if appropriate.

(c) The amount of any proposed and approved meritorious performance increase is normally applied to the employee's base pay.

(4) In-range adjustments. In-range adjustments are unusual and will only be made when a substantial necessity exists, not when there is a slight variance in salaries. 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 review. At times, a university-wide pool and applicable implementation guidelines may be established to address depth-in-grade concerns. The purpose of such a pool is to provide some relative separation based on differences in experience and, where appropriate, performance and productivity. All in-range adjustments must be reviewed by the compensation office before they are communicated to the employee. 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.

(5) 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 unit and the appointing authority. Any payment of this type must be requested in writing and approved in advance by the vice president for human resources and the appointing authority before the amount is communicated to the employee.

(6) Temporary increases 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)(5) of this rule.

(a) Temporary or interim assignment. Nevertheless, the university recognizes the need to compensate an employee who is performing in a higher pay grade beyond a normal period of time. The employee must perform those duties and responsibilities of the higher graded job which are substantial and which support the higher pay grade. The requesting unit must consult with the compensation office if additional compensation is being considered for an employee. In determining whether an assignment is a temporary or interim assignment, consideration will be given to following factors:

(i) Duration of the assignment.

(ii) Scope of the responsibilities.

(iii) Continuation of current duties and responsibilities.

(iv) Additional compensation in comparison to the salaries of others in similar positions.

(b) 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 department head and the compensation unit. 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. The duration of the temporary assignment should be at least three months. An adjustment to compensation will be made if the duration is 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 office to determine the appropriate amount of additional compensation.

(c) 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 continuous and is to be 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 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 office to determine the appropriate amount of compensation. The duration of the acting period should be no less than three months and no more than eighteen months. 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. The increase should be considered a lump sum that is divided into equal parts over the duration of the assignment and distributed according to the normal payroll cycle.

(E) Appeals of pay grade or title. In accordance with the process outlined in paragraph (C)(5) of this rule, if a review of, or change in, title and/or pay grade assignment is not recommended by the compensation unit, the appointing authority may request an independent review by the vice president for human resources. Only title and pay grade issues will be reviewed.

(F) This policy is effective upon all determinations made on or after January 1, 2011.

Replaces: 3342-6- 08.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 9/20/2000, 10/20/2002, 6/1/2007, 10/10/2007, 10/9/2009, 11/12/2010

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 employee's 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 member's 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 member's 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 employee's 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 president's 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.

Replaces: 3342-6-09.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 9/18/1978, 8/31/1979, 3/18/1982, 6/1/1988, 2/14/1994, 3/1/1994, 6/1/2007, 2/ 25/2009, 7/1/2012

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 university's liaison to the contractor. The program may receive guidance from an advisory committee.

Replaces: 3342-6-09.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 9/23/1991, 9/19/2005, 6/1/2007

3342-6-10 University policy regarding retirement.

(A) Salary deducion.

(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 alternative retirement plan (ARP).

(3) Faculty, classified staff, and unclassified staff retirement contributions (the deferred salary) are calculated with each payroll. The deferred salary is forwarded by the univeristy to the appropriate retirement system to be applied on behalf of the employee. The university makes an additional contribuiton. Current contribution percentage amounts are available from the university benefits office.

(4) Pamplets containing information on the STRS, OPERS, and ARP retirement plans are available in the benefits office or on the university's human resources website.

Replaces: 3342-6-10

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/04/1977, 03/18/1982, 11/22/1982, 11/22/1985, 07/15/1987, 08/21/1989, 03/07/2000, 06/01/2007, 03/01/2015

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.

Replaces: 3342-6- 10.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 08/15/1983, 08/14/1985, 11/22/1985, 12/29/1986, 6/1/2007

3342-6-11.1 Administrative policy and procedures regarding sick leave for salaried unclassified employees including faculty.

(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. Salaried full-time appointees earn sick leave at a rate of one and one-quarter day 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. Sick leave credit is also earned while appointees are in active pay status on sick leave or vacation. Service eligible 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 load during the regular academic terms, those which fall between terms, and continuing educational assignments are not eligible for earning or using sick leave. 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 one-half day. 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 days, excluding Saturdays, Sundays, and legal holidays, 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, 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 or department chairperson 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. Sick leave will be authorized only upon the written request of the employee, recommendation of the department head, dean or chairperson, and approval by the appropriate appointing authority (vice president). University forms for requesting paid leave will be provided to aid the employee. A formal request for utilization of sick leave will be prepared by the employee and submitted to the departmental chairperson or supervisor upon return to work following each period of absence. The departmental office will review the request, recommend disposition, and forward the request to the office of the appropriate vice president for approval or disapproval. Following such determination, the request will be forwarded to the supporting personnel unit where individual sick leave records will be maintained. Totals of sick leave earned and used will be calculated and year end balances posted. Sick leave records will be retained in the personnel unit 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. 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.

(3) The cash conversion of unused sick leave credit shall be paid in accordance with section 2213.04 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.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 10/26/1979, 3/18/1982, 2/14/1983, 7/10/1985, 8/7/1985, 1/13/1989, 8/13/1990, 7/31/2002, 6/1/2007, 2/10/2012, 3/1/2015

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 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.

Replaces: 3342-6-11.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 09/15/2003, 2/1/2004, 6/1/2007, 2/25/2009

3342-6-11.3 Administrative policy regarding leave of absence for temporary disability.

(A) Policy statement. A leave of absence without pay may be granted upon written request for a period not to exceed six months following expiration of accumulated sick leave benefits, when an employee is on extended absence due to illness, pregnancy or temporary disability. The employee shall furnish satisfactory medical proof of such illness, pregnancy or temporary disability.

(B) Pregnancy, childbirth, and related conditions. Upon written request, a pregnant employee shall be granted a leave of absence without pay subject to the following provisions:

(1) Length of leave. Leaves of absence shall be limited to the period of time that the pregnant employee is unable to perform the substantial and material duties of the employee's position. This period may include reasonable predelivery, delivery, and recovery time, as certified by a licensed physician, not to exceed six months. Such leave shall not include time being requested for purposes of child care following the recovery of the employee. (See rule 3342-6-11.10 of the Administrative Code.)

(2) Physicians's certificate. A pregnant employee requesting a leave of absence without pay must present, at the time the request is made, a licensed physicians's certificate stating the probable period for which the employee will be unable to perform the substantial and material duties of the employee's position due to pregnancy, childbirth or related medical conditions.

(3) Sick leave usage. Upon request and in accordance with the rules governing use of sick leave, 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, as certified by the licensed physicians's certificate, that the employee is unable to work as a result of pregnancy, childbirth, or related medical conditions. An employee using sick leave credit shall not be prevented from receiving a leave of absence without pay for the remainder of the period as defined in paragraph (B)(1) of this rule.

(4) Child care. An employee may, at the discretion of the appointing authority, be granted a leave of absence without pay for the purpose of child care. (See rule 3342-6-11.10 of the Administrative Code.).

(C) A statement by the employee's physician regarding the employee's fitness to perform the prerequisite of a return to work at the expiration of leave following temporary disability or pregnancy. Upon receipt of this certificate by the appointing authority, the employee will be restored to his/her former classification, provided the employee is capable of performing the normal assigned duties.

(D) The university will continue the insurance coverage provided for in the employee's benefit program for the duration of the disability leave; however, any applicable insurance benefit is created solely by the terms of the written group policy in effect at the university on the effective date of the leave. In no way is this administrative policy statement to be construed to create any liability on behalf of the university that is not already created by law.

Replaces: 3342-6- 11.3

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/26/1979, 2/14/1983, 6/29/1992, 7/31/1992, 6/1/2007

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 Administration 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 employees supervisor to determine an appropriate means of communicating with the employees 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.

Replaces: 3342-6-11.4

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 9/1/2003, 6/1/2007, 10/9/2009

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.

Replaces: 3342-6- 11.5

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 10/26/1979, 2/14/1983, 6/1/2007

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/Sicope.

(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.

Replaces: 3342-6-11.6

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

3342-6-11.7 Administrative policy regarding annual vacation leave for nonteaching unclassified and classified personnel.

(A) Policy statement. The university recognizes the importance of providing employees 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. All full-time and part-time classified employees not represented by a collective bargaining unit that hold a twelve-month continuous appointment are eligible to accrue and use vacation under this policy. All full-time and part-time unclassified employees that hold a twelve-month continuous appointment are eligible to accrue and use vacation leave. All full-time and part-time, intermittent, seasonal and temporary classified employees not represented by a bargaining unit do not earn vacation. All full-time and part-time nine-month and ten-month, term appointed unclassified employees do not earn vacation.

(C) Implementation.

(1) Accrual rates. Vacation accrual rates are based upon length of Ohio public service. For purposes of determining how many years of service an employee has, employment with any state agency or any political subdivision of the state is counted. 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 employees 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 employees 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 part-time employees on a twelve-month appointment and unclassified hourly employees 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) Individuals appointed to the position of postdoctoral research associate or scholar accrue eighty hours per year with no carryover from year to year. Appointees may not receive payment for unused vacation upon leaving the university.

(2) Utilization.

(a) Classified employees are not eligible to use vacation until they have completed the probationary period.

(b) Employees 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) 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 employees as defined in paragraph (B) of this rule, with the exception of postdoctoral research associates 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, the employee 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. The employee 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 appointee, 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 will accrue a maximum of eighty hours (ten days) of vacation leave per year. The employee is not eligible to carry over unused vacation leave from year to year. All vacation leave must be utilized during the year that it is earned. Any vacation leave not utilized by the end of the year will be forfeited. The employee is not eligible to receive payment for the unused vacation leave at any time, including upon separation.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 3/18/1982, 5/18/1984, 4/4/1986, 8/26/1987, 9/15/1987, 11/29/1989, 9/1/2003, 6/1/2007, 12/4/2008, 2/10/2012, 7/1/2012, 3/1/2015

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.

Replaces: 3342-6-11.8

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

3342-6-11.9 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.

Replaces: 3342-6- 11.9

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/26/1979, 11/22/1985, 12/29/1986, 6/1/2007

3342-6-11.10 Administrative policy regarding leaves of absence without pay for nonteaching unclassified and classified staff.

(A) Eligibility.

(1) 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 without pay.

(2) A leave of absence is granted for a specific purpose. The university has the right to investigate 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 may be canceled and the employee directed to report to work by a written notice.

(3) A leave of absence will not normally be granted to permit an employee to accept "other employment."

(4) 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.

(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 (1) year period is not authorized.

(2) Child care: Upon request, an employee will be granted up to twelve weeks of leave without pay for the purpose of child care. At the discretion of the appointing authority, an employee may be granted an additional fourteen weeks of leave without pay 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 without pay 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.

(3) Temporary disability: An employee will be granted a leave of absence without pay, not to exceed six months, when a licensed physician certifies the employee is unable to perform the substantial and material duties of the employee's position due to a personal illness, injury, pregnancy, childbirth or related medical condition. See rule 3342-6-11.3 of the Administrative Code and this register for details.

(4) If the employee requests a leave of absence due to temporary disability, the university may request a statement from the health care provider treating the employee, stating the cause, nature and extent of the disability, illness, injury, or condition of the employee and indicating the employee is unable to perform his/her essential job functions. 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.

(5) Care for a member of the immediate family: A personal leave without pay, 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 or other person who stands in the place of a parent (in loco parentis).

(6) 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.

(7) 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 physician designated for such an examination cannot be employed part-time or full-time by the university at the time of the examination. The cost of such an examination shall be paid by the university.

(8) 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.

(9) If the employee requests a leave to care for a spouse, or child or parent of the employee, or because the employee's health condition makes it impossible for the employee to perform his/her essential job function, such leave may be taken intermittently or on a reduced leave schedule.

(10) If leave is requested for planned medical treatment for the employee or individual described in paragraph (B)(9) of this rule, the employee shall make a reasonable effort to schedule the treatment so as not to conflict with the employees normal hours of work.

(C) General.

(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 at the end of the leave. The university may charge the employee retroactively for the cost of insurance 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) An employee may, upon request, return to work prior to the expiration of a leave of absence if such early return is agreed to by the university.

(4) Understandings 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 insurance coverage and fee waiver benefit provided for in the 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 monthly insurance contributions were required prior to the leave period, the employee must make arrangements with the staff benefits office to continue those contributions prior to the date the leave begins.

(2) Insurance coverage and the fee waiver benefit will not be continued if the employee is granted a leave of absence for reasons not included in paragraph (D)(1) of this rule. University group insurance may be continued by the employee by paying the total monthly premiums. Arrangements for such coverage must be made with the staff benefits office prior to the leave of absence.

(3) An employee on leave of absence does not receive pay for holidays falling within the dates of the leave of absence.

(4) During a leave of absence, 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 staff 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 must be submitted to the employee's supervisor for review and, where appropriate, approval by the supervisor, dean/director, and the appropriate appointing authority (vice president or director of personnel).

Replaces: 3342-6-11.10

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 2/14/1983, 10/5/1993, 6/1/2007

3342-6-11.11 Administrative policy regarding leave under the FMLA.

(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 service member.

(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. Alzheimer's, 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 member's 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 who is the:

(a) 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 employee's 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 employee's 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 unless the leave is in progress or within two business days of the employee's 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 three consecutive calendar days or more 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 employee's 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 employee's 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 employee's complete regular work schedule. Employees may also request an intermittent or reduced work schedule with the approval of the employee's 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 employee's family member. The employee must submit written medical certification to support the intermittent or reduced schedule FMLA (e.g., periodic testing or treatment);

(ii) Birth or placement (adoption or foster care) of a child with the employee's 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 intermittent leave to provide a fitness-for-duty certification before returning to work. The university requires this fitness-for-duty certification to specifically address the employee's ability to perform the "essential functions" of his job." It must be turned in 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. The normal leave year limitations on the use of sick leave to care for a family member do not apply.

(d) Military family leave and reemployment rights of 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 employee's or family member's affairs while service member spouse, child, or parent 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 employee's 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) Worker's 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 unpaid FMLA leave. If the employee applies for workers' compensation benefits, any benefits will be counted against the employee's FMLA entitlement. The granting of FMLA shall have no bearing on the approval or disapproval of the employee's workers compensation request.

(5) Certification, reporting and record keeping.

(a) Medical certification. FMLA will not be approved until the 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 patient's 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 human resources may speak directly to the employee's 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 calendar 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 employee's medical condition, at university expense.

(c) Certification of family relationship. The university may request certification of family relationship. The employee's supervisor 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.

(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 benefits office.

(7) Application procedure.

(a) 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 business 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 must be submitted to the employee's supervisor for review and, where appropriate, approval by the supervisor, dean/director, and the appropriate appointing authority.

(i) The employee must provide sufficient information to the university to allow the university to understand the condition and duration of the leave.

(ii) Furthermore, the employee is obligated to respond to the university's 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 employee's responsibilities include, but are not limited to:

(i) Provide their supervisor with advance notice of leave requests with a minimum of thirty business days or as much time as is reasonable.

(ii) Complete appropriate leave request forms and distinguish FMLA from other types of leave not covered by one of the five FMLA qualifying events.

(iii) Submit the required medical certification (completed by a licensed physician) for every new event (serious health condition of the employee, family member, pregnancy, adoption, qualifying exigency, or service member leaved 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. up to and including termination of employment.

(v) Contact the benefits office to determine eligibility for benefits while on FMLA.

Replaces: 3342-6-11.11

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 02/25/2009

3342-6-11.12 Administrative policy regarding paid parental leave for staff who are not in a recognized bargaining unit.

(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 employee's 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 employee's 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 must use paid parental leave before accrued sick leave and vacation. 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 university's 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 employee's 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 employee's 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 employee's 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.

Effective: 1/1/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

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.

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.04 , 3341.01
Prior Effective Dates: 03/18/1982, 02/14/1983, 06/11/1986, 06/01/2007, 03/01/2015

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.

Replaces: 3342-6- 12.101

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 3/18/1982, 10/29/1984, 6/11/1986, 12/29/1986, 3/16/1987, 6/1/2007

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 university's 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 candidate's 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 section (B) above 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 section (B) above 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 Section (C) above, will govern the future tenure decision. A copy of this letter shall be included in the candidate's 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 member's achievements, including those completed during the period subject to tolling, shall be included in the faculty member's file.

(5) External reviewers for tenure and promotion evaluation. In the letter to he candidate's 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 member's 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 member's 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 member's 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.

Replaces: 3342-6-13

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 02/04/2009, 03/01/2015

3342-6-14 University policy regarding faculty tenure.

(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. 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 his/her professional responsibility, shall have twenty working days to inquire of the unit administrator, dean, or provost as to the status of his/her 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, he/she 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. 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 her/his 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 tenured full professors 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 or relative. 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) 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 file with the candidate for tenure in order to insure that the file is complete and will prepare a statement indicating that the file is complete. The completed file statement will be signed by both the candidate and the unit administrator. 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. If the tenure committee consists of fewer than four members, excluding the non-voting chair, 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 his/her 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 his/her nonbinding "yea" or "nay." After the meeting, each voting member shall record his/her 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. He/she shall record his/her 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 his/her recommendation to the next higher administrative officer, he/she shall notify the candidate of this recommendation by letter.

(a) The unit administrator shall include with this letter a copy of his/her 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 he/she shall inform the candidate that he/she has the right, within ten working days, to add a letter to his/her 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 the campus 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 or relative. 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. If the campus tenure committee consists of fewer than four 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 his/her nonbinding "yea" or "nay." After the meeting, each voting member shall record his/her 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. He/she shall record her/his 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 his/her 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 his/her recommendations to the college dean or provost the regional campus dean shall notify the candidate of her/his recommendation by letter.

(a) The regional campus dean shall include within this letter a copy of his/her 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 he/she shall inform the candidate that he/she has the right, within ten working days, to add a letter to her/his 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 and no member of the committee shall be present when the committee deliberates or votes on the tenure of a spouse or relative.

(2) The case of each candidate shall be subject to candid discussion of the committee. During the committee meeting, each voting member shall indicate his/her nonbinding "yea" or "nay." After the meeting, each voting member shall record his/her final vote by completing a signed evaluation form with comments.

(3) Approval of at least three-fourths of the tenure committee who are eligible to vote (excluding those who abstain for reasons under paragraph (F) of this rule) shall constitute a recommendation for tenure by the college tenure committee to the college dean.

(4) 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.

(5) No later than the college recommendation is submitted to the provost, the college dean shall notify the candidate of his/her recommendation by letter.

(a) The college dean shall include with this letter a copy of his/her 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 he/she shall inform the candidate that he/she has the right, within ten working days, to add a letter to his/her 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 whome he/she case 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 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.

(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 his/her case orally before the appropriate tenure advisory committee or board. The appellant may be accompanied by a colleague who may assist in presenting his/her 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 his/her 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) Decisions regarding tenure for all faculty members who are appointed to a tenure-track position for academic year 2010-11 or later will be governed by this policy and the unit handbook in place at the time of the initial appointment. Faculty members who were appointed prior to the adoption of this policy will have the option of being governed by this policy and the current unit handbook or the university policies and procedures regarding faculty tenure and promotion and the 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 his/her file. Given the elimination of the position of the executive dean for regional campuses, for regional campus faculty electing to be governed by the university policy and procedures regarding faculty tenure in place at the time of the faculty member's hire, paragraphs (H)(15) to (H)(17) and (I)(1) of that rule will be replaced by paragraph (I)(2) of the current rule.

(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 his/her 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 he/she 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 his/her 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 his/her 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 his/her rank.

Effective: 8/23/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01, 3341.04
Rule Amplifies: 3341.04
Prior Effective Dates: 11/4/1977, 9/18/1978, 8/31/1979, 10/1/1985, 8/21/1989, 4/19/1991, 6/1/2007, 8/52/2009, 10/14/2010, 3/1/2015

3342-6-15 University policy regarding faculty promotion.

(A) Purpose. Promotion shall be viewed as recognition of a faculty member's sustained and distinguished 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 his/her 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 usually not be considered for advancement to this rank until completion of five years as an assistant professor, but in extraordinary cases may be considered after completion of fewer years as an assistant professor. 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 his/her 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 usually not be considered for advancement to this rank until completion of five years as an associate professor, but in extraordinary cases may be considered after completion of fewer years as an associate professor. A non-tenured faculty member applying for promotion to the rank of full professor must also undergo a successful tenure review.

(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 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 or relative and no member other than the unit administrator (who shall not be present when his/her 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.

(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) 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 file with the candidate for promotion in order to ensure that the file is complete and will prepare a statement indicating that the file is complete. The completed file statement will be signed by both the candidate and the unit administrator. 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. If the promotion committee consists of fewer than four members, excluding the non-voting chair, 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 his/her 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 his/her nonbinding "yea" or "nay." After the meeting, each voting member shall record his/her 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. He/she shall record his/her 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 his/her recommendation to the next higher administrative officer, he/she shall notify the candidate of his/her recommendation by letter.

(a) The unit administrator shall include with this letter a copy of his/her 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 he/she shall inform the candidate that he/she has the right, within ten working days, to add a letter to his/her 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 the campus 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 or relative. 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. If the campus promotion committee consists of fewer than four 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 his/her nonbinding "yea" or "nay." After the meeting, each voting member shall record his/her 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. He/she shall record his/her 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 his/her 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 his/her recommendations to the college dean or provost, the regional campus dean shall notify the candidate of her/his recommendation by letter.

(a) The regional campus dean shall include within this letter a copy of his/her 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 he/she shall inform the candidate that he/she has the right, within ten working days, to add a letter to his/her 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 and no member of the committee shall be present when the committee deliberates or votes on the tenure of a spouse or relative.

(2) During the committee meeting each voting member shall indicate his/her nonbinding "yea" or "nay." After the meeting, each voting member shall record his/her final vote by completing a signed evaluation form with comments.

(3) 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.

(4) 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.

(5) No later than the date the college recommendation is submitted to the provost, the college dean shall notify the candidate of his/her recommendation by letter.

(a) The college dean shall include with this letter a copy of his/her 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 he/she shall inform the candidate that he/she has the right, within ten working days, to add a letter to his/her 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 he/she 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 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.

(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 his/her case orally before the appropriate promotion advisory committee or board. The appellant may be accompanied by a colleague who may assist in presenting his/her 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 his/her 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) Faculty members being considered for promotion up to, and including the 2012-2013 academic year, may elect to be considered under the policy and the unit handbook in place at the time of their initial appointment. The faculty member will include a written election of this option in their file. Decisions regarding promotion made after the 2012-2013 academic year will be governed by this policy and the unit handbook in effect at the time of the promotion decision. Given the elimination of the position of the executive dean for regional campuses, for regional campus faculty electing to be governed by the university policy regarding promotion in place at the time of their initial appointments, paragraphs (G)(16) to (G)(18) and paragraph (H)(1) of that rule will be replaced by paragraph (G)(2) of this rule.

Effective: 8/23/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01, 3341.04
Rule Amplifies: 3341.04
Prior Effective Dates: 4/5/1982, 8/7/1987, 10/20/1997, 6/1/2007, 8/22/2010, 10/14/2010, 3/1/2015

3342-6-15.1 Administrative policy regarding graduate faculty.

(A) Each department 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 department. This committee shall evaluate its departmental faculty for graduate faculty status and forward its recommendations to the appropriate graduate dean for approval. Recommendations for graduate faculty status shall be based on the following criteria.

(B) Criteria for full membership on graduate faculty.

(1) Possession of the terminal degree which is appropriate to the discipline. In most departments this is the doctorate. In some instances, such as the case of an outstanding artist, musical performer, or other specialist, achievement which has received regional, national, or international recognition in the discipline may take the place of the terminal degree.

(2) Scholarly or creative activity resulting in publications or other recognition of distinction.

(a) In most academic departments this should be interpreted to mean substantial publication of scholarly research during the past five years. In rare instances, and with great caution, the publication requirement may be waived for senior faculty members who have a distinguished record of thesis direction. Publication should not normally be expected for full graduate faculty membership of faculty who are in artistic and performing fields. This is not meant to exclude the scholarly areas in the fine arts such as art history, music history, musicology, music education, music theory, and history of the theater, all of which should be viewed as typical academic departments in which publication is the usual form of scholarly achievement.

(b) For faculty members whose primary responsibility is the teaching of artistic performance such as musicians, actors, and dancers, the appropriate productivity would be continued professional activity in their performing field. This activity should receive significant regional, national, or international recognition by such demonstrations as invitations to perform and favorable critical notice. Local or on-campus performances should not be counted.

(c) For faculty members in the fine arts whose primary responsibility is the teaching of a craft which the objects is to produce a work of art, the faculty member should be able to demonstrate continued productivity in his or her field and continued off-campus recognition of his or her own works of art. For a composer, this would mean performances of his or her compositions under significant off-campus auspices. For a painter, sculptor, or other plastic artist, this would mean exhibitions of his or her work under significant off-campus auspices and invitations to have his or her work exhibited. For the architect, this would mean continued activity as a practicing architect and continued demand for his or her professional services.

(3) Significant, good teaching at the graduate level.

(C) Criteria for associate membership on graduate faculty.

(1) The possession of the appropriate degree in the discipline as stated in paragraph (B)(1) of this rule.

(2) Great potentiality for the training of graduate students and the production of scholarly research as indicated by letters of recommendation and other documents.

(3) These recommendations shall be forwarded from the departmental committee to the dean of the appropriate graduate school for approval accompanied by appropriate documentation of the recommendations. These material will be kept on file in the appropriate graduate school office. All college deans and graduate department chairpersons will be "ex officio" full members of the graduate faculty.

(D) Duties and privileges of full members of graduate faculty.

(1) Teach graduate courses

(2) Direct master's theses and, when approved by the department, direct doctoral dissertations.

(3) Serve on master's and doctoral examination committees.

(4) Serve as voting members of the graduate faculty, able to serve on the graduate council and other graduate faculty committees.

(E) Duties and privileges of associate members of the graduate faculty.

(1) Teach certain designated courses, for which they would be specifically approved as stipulated by the department and filed in the appropriate graduate school office.

(2) When appropriate as judged by the department, direct master's theses and serve on master's and doctoral examination committees, with the approval of the dean of the appropriate graduate school.

(3) When appropriate as judged by the department, direct doctoral dissertation research and the writing of the dissertation as coadvisor with a senior faculty member who is a full member of the graduate faculty with the approval of the appropriate graduate dean.

(F) 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 1969.

Replaces: 3342-6- 15.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 3/18/1982, 6/15/1982, 6/25/1986, 6/1/2007

3342-6-15.2 Administrative policy and procedures regarding university faculty pursuing the doctorate at the university.

Policy Statement. Enrollment of faculty in doctoral programs at the university is governed by the following specified conditions.

(A) Untenured faculty members with the rank of instructor in the regional campus system may enroll in any doctoral program to which they are formally admitted.

(B) Untenured assistant professors in the regional campus system may enroll for doctoral work in departments other than that in which they are teaching if such has been approved in writing by the department in which they are teaching, the department in which they plan to enroll, the associate vice president for the extended university and the appropriate graduate dean.

(C) Tenured faculty members with the rank of instructor or assistant professor in the regional campus system may enroll for doctoral work in any department, including the unit in which they are teaching, only if. prior to enrolling they have written approval from the department, the associate vice president for the extended university and the appropriate graduate dean.

(D) Untenured faculty with the rank of instructor or assistant professor on the Kent campus may be admitted to doctoral programs in departments other than their own if written approval has been obtained prior to enrolling from the department in which they are employed, the appropriate graduate dean, and the vice president for academic and student affairs.

(E) Tenured faculty on the Kent campus, regardless of rank, may not enroll for doctoral work at the university.

(F) Associate and full professors at a regional campus or the Kent campus, whether tenured or not, may not enroll for doctoral work at the university.

(G) A faculty member may not accept tenure while pursuing a doctorate at the university whether employed at a regional campus or the Kent campus.

(H) Regional campus faculty with the rank of instructor, whether tenured or not, and assistant professors with tenure may not, while pursuing the doctoral work in the department in which they are teaching, be eligible for membership on the department's faculty advisory committee or any other major committee in which a conflict of interest resulting form their dual status a faculty member and graduate student might occur. The determination of the existence of potential conflict of interest will be made by the department chairperson/school director and the appropriate graduate dean(s).

(I) In other respects, the faculty member pursuing the doctorate work in this university retains all the rights and privileges normally belonging to his/her academic rank, including faculty insurance plans and retirement benefits.

(J) In situations where untenured faculty members are working for their doctorates under the conditions set forth in paragraphs (4) to (D), and(1) of this rule, time and rank during the faculty members are pursuing the doctorate will be tolled for purposes of the tenure/promotion decision. "To toll" is a legal term meaning to stop the running of time for purposes of a statute of limitations. In each instance, a letter or memorandum will be sent by the appropriate dean to the faculty member and placed in file in the offices of the department/school, dean, and vice president for academic and student affairs to ensure that all involved understand the procedures and concur therein.

(K) A faculty member should take not more than six hours of coursework in any one term if teaching a full load. The number of hours of coursework taken may be increased if there is a reduction in the number of hours taught. In unusual cases, exceptions may be made to this rule by the appropriate graduate and collegial deans upon request from the departmental chairperson.

(L) If, in the opinion of the departmental chairperson, the faculty member's teaching is suffering, he or she may be required by the department chairperson to reduce the amount of coursework taken to below six hours.

Replaces: 3342-6-15.2

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

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.

Replaces: 3342-6- 15.3

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 3/18/1982, 9/16/1988, 1/5/1990, 4/28/2003, 6/1/2007

3342-6-16 University policy and procedures regarding faculty reappointment.

(A) Purpose. All tenure-track faculty members hold probationary appointments for one year, subject to annual renewal. Except where indicated in this paragraph, 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, paragraph 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 unit's tenure guidelines in the unit's handbook. Guidelines concerning the weighting of those criteria will be applied consistently at all levels of review and will come from the probationary faculty member's unit of appointment or, if applicable, campus of appointment as follows: all reappointment evaluations of Kent campus probationary faculty members shall follow the unit's guidelines concerning the weighting of the unit's tenure criteria, and all reappointment evaluations of regional campus probationary faculty members shall follow the campus' guidelines concerning the weighting of the unit's 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 unit's faculty advisory committee and any tenured professors 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.

(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 (2) to three (3) page statement describing his/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.

(a) The unit administrator and the unit's 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 unit's 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 review the file with the probationary faculty member 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. If the reappointment committee consists of fewer than four members, excluding the non-voting chair, 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 candidate's file shall be subject to candid discussion by the committee. During the meeting, each voting member shall indicate his/her 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 member's 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 member's 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 administrator's assessment and recommendations, the unit administrator shall inform the candidate that he/she has the right, within ten working days, to add a statement to his/her file responding to any procedural errors or errors of fact that the candidate believes have been included in either the unit administrative officer's 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 administrator's 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 administrator's 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 campus' tenured 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. 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 the 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. If the campus reappointment committee consists of fewer than four 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 member's 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 candidate's file shall be subject to candid discussion by the committee. During the meeting, each voting member shall indicate his/her 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/her 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 committee's 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 member's 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 chair's 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 member's 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 member's 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 dean's assessment and recommendation, the regional campus dean shall inform the candidate that he/she has the right, within ten working days, to add a statement to his/her file responding to any procedural errors or errors of fact that the candidate believes have been included in either the regional campus dean's assessment and recommendation, the faculty council chair's 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 dean's 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 dean's 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 unit's 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 member's 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 college reappointment committee shall 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 his/her 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) In the cases of positive recommendation from the unit's 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.

(3) In the case of

(a) A negative reappointment recommendation by the unit's 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 member's file will be the subject of candid discussion by the committee. During the meeting, each voting member will indicate his/her 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 his/her 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.

(4) Approval by a simple majority of the members of the college reappointment committee who are eligible to 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.

(5) 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 whether to reappoint or not to reappoint the probationary faculty member.

(6) As part of the college dean's recommendation, the dean shall inform the candidate that he/she has the right, within ten working days to add a statement to his/her file responding to any procedural errors or errors of fact that the candidate believes have been included in either the college dean's 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 dean's 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 his or her reappointment committee and the unit administrator and his or her 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.

(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 her/his 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 his/her 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) Decisions regarding reappointment for all faculty members who are appointed to a tenure-track position for academic year 2010-11 or later will be governed by this policy and the unit handbook in place at the time of the initial appointment. Faculty members who were appointed prior to the adoption of this policy will have the option of being governed by this policy and the current unit handbook or the university policies and procedures regarding faculty reappointment, tenure and promotion and the handbook in place at the time of the faculty member's initial appointment. The faculty member will include an election of this option in his/her file. Given the elimination of the executive dean for regional campuses, for regional campus faculty electing to be governed by the university policy and procedures faculty reappointment in place at the time of the faculty member's hire, paragraph (H)(1) to (H)(2) and (I) of that rule will be replaced by paragraph (I) of the current rule.

Replaces: 3342-6-16

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 3/7/2000, 11/20/2004, 6/1/2007, 6/20/2012

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.

Replaces: 3342-6-17

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/5/1979, 6/3/1981, 6/1/2007

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.

Replaces: 3342-6-18

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 8/24/1979, 12/6/1985, 6/1/2007

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.

Replaces: 3342-6- 08.101

Effective: 5/22/2017
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 6/1/2007, 3/1/2015

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 Kenty 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.

Replaces: 3342-6-19

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 3/18/1982, 9/16/1988, 6/27/2003, 6/1/2007

3342-6-20 University policy for limited-term postdoctoral appointments.

(A) Purpose.

(1) The university recognizes the valuable research and educational contribution that scholars may make to certain academic fields through limited-term. early-career, non-faculty positions requiring a Ph.D. degree. The university authorizes the office of the chief academic officer to establish such postdoctoral appointments to specific fields in keeping with national standards and university policy.

(2) Appointments made to these positions allow for such professionals to engage in work at Kent state university, whether compensated or not, and include these professionals in activities of the academic and university community according to university policy and procedures and in accordance to the unit procedures and guidelines to which they are assigned.

(3) This policy applies to appointments in a distinctive field of work on an intentionally temporary nature. At Kent state university, the titles available for postdoctoral appointments are: postdoctoral fellow, postdoctoral research associate, and postdoctoral research scholar. They may on occasion include a more senior appointment such as postdoctoral senior research associate and postdoctoral senior research scholar. The source of funding as well as the role determines the appropriate title.

(4) 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 fellow A one hundred percent externally funded position that is an educational path for scholars and provides the necessary learning and training in a specific field of study. The primary purpose is professional training through participation in activities associated with research and scholarship.

(2) Postdoctoral research associate and postdoctoral senior research associate. An academic, but non-faculty, position one hundred percent externally funded for persons who typically participate in the research efforts' of faculty. The primary purpose is conducting research and scholarship.

(3) Postdoctoral research scholar and postdoctoral senior research scholar. An academic, but non-faculty, position for persons who typically participate in the research and scholarship efforts of faculty, similar to research associate, funded jointly by external sources and university funds.

(C) Appointing requirements.

(1) Since the appointments are one hundred percent externally funded, all appointments to postdoctoral fellow and research associate/senior research associate must be approved by the department chair and dean of the college, as well as the vice president for research.

(2) Since the appointment to research scholar/senior research scholar has at least partial funding from university funds, the appointments must be approved by the department chair, dean, vice president for research, and the provost.

(D) Procedure and policy implementation.

(1) Postdoctoral fellows. Fellows will be under the mentorship of a primary faculty member who will seek, nominate, sponsor, and evaluate the fellow's work. The compensation to a fellow is paid by an external agency specifically for this educational purpose, for the benefit of the fellow to aid in the pursuit of their study or research. The postdoctoral fellow has a unique relationship with Kent state university, not as an employee and distinct from staff faculty and students. A postdoctoral fellow position is one hundred percent externally funded, and carries no requirement to perform a service to the university.

(a) A fellowship is granted for the purpose of aiding the fellow in the pursuit of study or training that will advance his/her education. The primary activity is training through research and scholarship.

(b) The funding source shall allow for a stipend to support the fellow. The stipend is not considered a salary or payment for services, but rather, according to Internal Revenue Code, an amount paid at regular intervals for the benefit of an individual to aid in the pursuit of research or study.

(c) A fellow is not an employee and may not perform a service for compensation. The stipend is determined by the granting agency and is based on the field of study and reasonable, like situations. If a granting agency allows limited service for other work, this position must be appointed separately with separate compensation and not be included in the stipend.

(d) A fellow may be eligible to participate in the health insurance program available to graduate assistants and students. A portion or all of the insurance premium cost may be reimbursed through grant funding. The fellow will be required to pay any unfunded balance for individual coverage. Any dependent coverage will be at the expense of the fellow.

(e) While on campus a fellow is eligible to access certain amenities of the university such as library services, parking, e-mail, facilities, events, and theatre and athletic employee ticket rates, but is not eligible for employee benefits.

(f) The fellow will have a faculty mentor who will accept responsibility for the sponsorship, mentoring, evaluation, and preparation of the fellow for departure and further career advancement.

(g) Usually fellows are selected based on expertise in a field of study that is specifically related to a common interest in the mentor's field of study, so the university's policies for open recruitment and selection do not apply. It is the mentor's responsibility to help meet the strategic diversity initiatives of the unit.

(h) Each postdoctoral fellow must sign a statement at the commencement of the appointment affirming that all rights to inventions or other intellectual property developed by the postdoctoral fellow using university resources, or jointly between the fellow 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 postdoctoral fellow must also comply with the federal, state, and local laws, rules and regulations regarding his/her research/assignment, including, but not limited to. intellectual property and export control.

(2) Postdoctoral research associate/ postdoctoral senior research associate. For purposes of this section, the reference "research associate" or "associate" is the term used for both positions unless otherwise specified. A research associate is an employee of Kent state university with a term appointment.

(a) The research associate/senior research associate performs research under the direct instruction and supervision of a faculty member in a supporting role. The position is one hundred percent externally funded for both salary and benefits.

(b) Research associate positions are term positions with typically no more than a two-year appointment. If renewed beyond the two years, the appointment is typically as a senior research associate, a term appointment for not more than three years.

(c) Since the reason for renewal of this term appointment is to continue the invaluable work being performed, it is not necessary to post and recruit, nor request a waiver of recruiting, for a renewal of an appointment.

(d) A senior research associate must have two years of experience at Kent state university or at another institution in the same field of study.

(e) The university provides, via external funding, a compensation package for the employee including a base salary plus participation in the university health, dental and vision insurance. The employee is also covered by the university's basic life insurance program.

(f) The associate is eligible to accrue and use eighty hours of vacation each year with no carry-over from year to year.

(g) The associate is eligible to accrue sick leave according to university policy.

(h) The associate will participate in all mandated benefits and provisions such as the state retirement plan, workers' compensation, etc., and is subject to all payroll deductions standard for employment.

(i) The associate is eligible to access the amenities of the university like other employees such as access to library services, e-mail, parking, facilities, events, and employee rates for athletics and performances.

(j) Department units will set the hiring rate for the associate in alignment with the funding source and in alignment with a baseline standard set in each discipline based on market rates for research associates in that discipline. However, in the event that a research associate 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.

(k) The associate is eligible to participate in annual compensation review and potential increases based upon the allowed funding from the external agency. However, to be eligible for an increase, a review of performance will be conducted and feedback will be provided to the associate in the spirit of continually advancing the training and learning of the associate for future success.

(l) To the extent possible, recruiting for research associates will follow the standard university practices for outreach to a diverse pool of candidates as long as the recruiting process does not delay or hinder the ability to meet the compliance requirements of the external agency. The associates will be considered in evaluating the department's compliance with diversity goals.

(m) Renewal of appointments is not subject to recruiting and outreach as the nature of the appointment anticipates success and the likelihood that the incumbent will be renewed is a given up to the maximum years allowed.

(3) Postdoctoral research scholar/postdoctoral senior research scholar. For the purpose of this section, the reference "research scholar" or "scholar" is the term used for both positions unless otherwise specified. A research scholar is an employee of Kent state university with a term appointment.

(a) The research scholar/senior research scholar primarily performs research under the direct instruction and supervision of a faculty member, but may also perform partial teaching assignment as appropriate. The research scholar position is funded through both external and university funds.

(b) These positions are term positions with typically no more than a two-year appointment. If renewed beyond the two years, the appointment is a term appointment for not more than three years.

(c) Since the reason for renewal of a term appointment is to continue the invaluable work being performed, it is not necessary to post and recruit nor request a waiver of recruiting for a renewal of an appointment.

(d) In order to be eligible for a senior position, a senior research scholar must have two years of related experience at Kent State University or at another institution in the same field of study.

(e) The university provides a compensation package for the employee including a base salary plus participation in the health, dental and vision insurance The employee is also eligible to participate in the life insurance program.

(f) The scholar is eligible to accrue and use eighty hours of vacation each year with no carry-over from year to year.

(g) The scholar is eligible to accrue sick leave according to university policy.

(h) The scholar will participate in all mandated benefits and provisions such as the state retirement plan, workers' compensation, etc., and is subject to all payroll deductions standard for employment.

(i) The scholar is eligible to access the amenities of the university like other employees such as access to library services, e-mail, parking, facilities, events, and employee rates for athletics and performances.

(j) 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.

(k) The scholar is eligible to participate in annual compensation review and potential increases based upon the allowed funding in the grant and university funds. However, to be eligible for an increase, a review of performance will be conducted and feedback will be provided to the scholar in the spirit of continually advancing the training and learning of the scholar for future success.

(l) To the extent possible, recruiting for research associates will follow the standard university practices for outreach to a diverse pool of candidates as long as the recruiting process does not delay or hinder the ability to meet the compliance requirements of the external agency. The associates will be considered in evaluating the departments compliance with diversity goals.

(m) Renewal of appointments is not subject to recruiting and outreach as the nature of the appointment anticipates success and the likelihood that the incumbent will be renewed is a given up to the maximum years allowed.

(E) Guidelines, appeals, and violations.

(1) Persons in these 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 subject to the conditions of any collective bargaining agreement.

(3) The provost office and the vice president for research and graduate studies 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.

Replaces: 3342-6-20

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

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 member's 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 other's 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.

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04

3342-6-21.4 Administrative policy for privacy for protected health information.

(A) Definitions.

(1) "HIPAA." "HIPAA" is the "Health Insurance Portability and Accountability Act of 1996" and the "Administrative Simplification" regulations found in title 45 of the Code of Federal Regulations.

(2) Protected health information. Protected health information is individually identifiable health information as defined and protected under "HIPAA."

(B) Designation of privacy official.

(1) The President shall designate a privacy official who shall coordinate the university's compliance with "HIPAA, " including, but not limited to, gathering information sought by a requestor, providing for the inspection of such information by the requestor, furnishing copies to the requestor and receiving complaints.

(a) In order for the university to comply fully with "HIPAA, " the university privacy official shall have full authority to gather such information as is necessary to comply with the request.

(b) The university privacy official shall have the authority to an individual or individuals to assist with "HIPAA" compliance obligations.

(2) All university employees shall cooperate fully with the university privacy official in "HIPAA" compliance efforts, including but not limited to, providing the records requested, allowing for proper inspection and copying of the records, and conducting inspections and audits as necessary to conform with the requirements of the law.

(3) The university privacy official shall designate those academic and administrative health care units covered by "HIPAA" as part of the covered health care component of the university. The university privacy official shall maintain a list of all units covered by "HIPAA" and of all other units included within the covered health care component of the university, which serve as business associates within the university covered health care component for "HIPAA" purposes.

(4) The university privacy official shall have the authority to review all privacy, confidentiality and security standards and procedures created by academic and administrative departments that are part of the covered health care component of the university and to direct changes to such standards and procedures as necessary.

(C) Unit requirements.

(1) Academic and administrative departments determined by the university privacy official to be part of the covered health care component of the university shall:

(a) Develop "HIPAA Policies and Procedures" that are unit specific standards and procedures to protect the privacy, confidentiality, and security of protected health information that comply with "HIPAA" and with this rule, which may be amended from time to time.

(b) Train all unit employees who have access to records protected by "HIPAA" on the "HIPAA: requirements, the university policies and procedures for release, privacy and security of selected health information, and the unit standard and procedures for privacy, confidentiality, and security of records protected by HIPAA." Such training must be conducted as the university privacy official deems necessary and within a reasonable period of time after a new individual joins one of the covered health care components.

(c) Distribute a notice of privacy practices as necessary under "HIPAA." The notice of privacy practices must contain all "HIPAA" required elements and be approved by the university privacy official prior to being distributed.

(d) Document compliance efforts as required by "HIPAA."

(e) Comply with all federal, state, and local laws and regulations related to the privacy, confidentiality, and security of medical information.

(D) Business associates. Units within the covered health care component of the university may share protected health information with third parties, referred to as business associates, who provide the units within the covered component with services that use or involve health information. These units shall only share such information with business associates pursuant to a business associate approved by the office of university counsel.

(E) University employees. University employees in "HIPAA" covered components shall:

(1) Limit uses and disclosures of all health information to the minimum necessary to complete the assigned task.

(2) Upon discovery, report all incidents of misuse of improper disclosure of protected health information to the university privacy official.

(F) Retaliation. The university shall not tolerate nor engage in retaliation against any employee who reports an incident of misuse or improper disclosure of protected health information to the university privacy official or to the secretary of the department of health and human services.

(G) Discipline.

(1) Any employees who uses or discloses protected health information contrary to this policy shall be subject to discipline under the applicable disciplinary policies or collective bargaining agreement.

(2) Covered components shall document any sanctions imposed for violations of this rule of the Administrative Code, or unit standards and procedures, as required by "HIPAA."

Replaces: 3342-6-21.4

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

3342-6-22 University policy regarding environmental health and safety.

(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 throughhttps://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.

Replaces: 3342-6-22

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/04/1977, 08/24/1979, 06/01/2007, 03/01/2015

3342-6-22.001 [Rescinded] Operational procedures and regulations regarding rest periods for civil service employees.

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 6/1/2007, 3/1/2015

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.

Replaces: 3342-6- 22.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 2/17/1989, 6/1/2007

3342-6-22.2 Administrative policy regarding rest periods for university 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.

Replaces: 3342-6- 22.001

Effective: 10/15/2015
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 11/4/1977, 6/1/2007, 3/1/2015

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.

Replaces: 3342-6-23

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 6/10/1978, 6/1/2007

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.

Replaces: 3342-6- 23.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 2/15/1985, 6/20/1986, 6/1/2007, 1/6/2014

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.

Replaces: 3342-6- 23.2

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/26/1979, 6/1/2007, 1/6/2014

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.

Replaces: 3342-6-24

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 6/10/1978, 2/8/1980, 11/22/1985, 12/29/1986, 6/1/2007

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 student's 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 explorationand 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.

Effective: 7/1/2018
Promulgated Under: 111.15
Statutory Authority: 3341.04
Rule Amplifies: 3341.01, 3341.04
Prior Effective Dates: 10/13/2009, 06/01/2013, 03/01/2015

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 employee's 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 (EVS) of this rule. Employment of high school students must comply with all of the requirements of the state of Ohio's minor labor laws ( 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 student's wages, and the difference will be charged to the student's 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 employee's 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 student's 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.

Replaces: 3342-6-25.1

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 11/4/1977, 10/26/1979, 3/18/1982, 3/7/2000, 6/1/2007, 10/13/2009, 5/13/2013

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 university's 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 nominee's 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 nominee's 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 provost's advisory council. The provost's 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 university's commitment to diversity.

Replaces: 3342-6-26

Effective: 3/1/2015
Promulgated Under: 111.15
Statutory Authority: 3341.01
Rule Amplifies: 3341.01 , 3341.04
Prior Effective Dates: 8/18/2013