Chapter 3349-10 Campus Safety

3349-10-05 Administrative rule regarding persona non grata status.

(A) Purpose

To establish a rule to identify persons whose presence on the university campus may be detrimental to the university community and to provide a mechanism for limiting the person's access to the main university campus and any other facilities owned or operated by the university and any official off campus events of the university. This rule shall not be construed to limit the authority of university officials to take any other actions that deem warranted by the circumstances.

(B) Scope

Applies to all persons.

(C) Definitions

(1) "Persona Non Grata" means a person who has exhibited behavior which has been deemed detrimental to the university community and thus is no longer permitted to frequent or be present in any university locations or specific locations as set forth in the notice.

(2) "Visitor" means any person who is not a student or an employee acting within the scope of his or her employment or his or her role within a university educational program.

(a) As a general rule, persons who had been enrolled at the university but who have graduated or transferred are classified as visitors. Persons who have been admitted to the university, but are not currently enrolled, are to be classified as visitors.

(b) It is intended that this rule provide a means for regulating the behavior of all persons, except university employees acting within the scope of their employment, and students who are present on university premises and who are subject to the university or separate component college student honor codes.

(3) "Behavior Detrimental to the University Community" includes, but is not limited to, actions by a person which result in offenses against persons or property; disruption of university processes or programs, violation of a previous order given by a university official or a court of law, a continuing pattern of violation of university rules and regulations after notice of the rules or regulations or falsification or misrepresentation of self or other providing other false or misleading information to university offices or officials.

(4) "University Premises" means any building or land owned, or operated by the university.

(D) Body of the rule

(1) A visitor who has been deemed to be persona non grata will no longer be permitted to frequent or be present on the main university campus or at any other university sponsored events that are held at other locations.

(2) Warning notice.

(a) A visitor accused of behavior detrimental to the university community shall be served with a warning notice that the visitor's behavior is not acceptable and may result in that person being denied, on a permanent basis, the opportunity to frequent or be present on university premises and university sponsored events.

(b) The warning notice shall contain:

(i) Name and last known address of the individual;

(ii) The title of the university official who will make the determination of whether or not to place the individual on persona non grata status;

(iii) Contact information of that official;

(iv) A specification of the alleged unacceptable behavior;

(v) A warning that failure to arrange a meeting with the official within the limit will result in a determination as to permanent persona non grata status being made without the accused being present;

(vi) A warning that the individual is temporarily persona non grata and as such not allowed on the university premises or at university sponsored events until the meeting referenced above occurs and a formal determination is made or the meeting is waived by failure to request the meeting within the time limit specified above.

(3) The warning notice will be issued by the general counsel or the public safety and security associate.

(4) Meeting to determine persona non grata status.

(a) At the meeting the visitor is entitled to know the nature and source of the evidence against him/her, and to present evidence including witnesses on his/her behalf. If the accused chooses not to be present or participate, the process may nonetheless proceed.

(b) All meetings shall be held in private. The accused may be accompanied by another individual who may serve in an advisory capacity, but who may not participate directly in the meeting.

(c) The university official conducting the meeting shall hear and weigh all evidence presented. To place the accused on permanent persona non grata status there must be a finding by the university official based on a preponderance of the evidence that the alleged behavior occurred and that such behavior is detrimental to the university community. If such a finding is made, the university official may take into consideration the reasons for such behavior and the likelihood of its recurrence. Based on these findings and considerations, the university official may place the visitor on permanent persona non grata status for a period of up to two years.

(5) If a university visitor fails to arrange for the meeting within the time limit provided, the university official sending the original warning notice, may assume the validity of all evidence against the visitor and send notification of permanent persona non grata status to the visitor for a period of up to two years.

(6) Notification of permanent persona non grata status.

(a) Notification shall be sent via regular and certified U.S. Mail.

(b) The restrictions imposed by persona non grata status shall take effect upon the mailing of the notification.

(7) During the time that the temporary or permanent persona non grata status is in effect, permission may be granted by a member of the university's senior administration, to allow the visitor to enter university premises or events for a specified purpose and time. The general counsel and the public safety and security associate must be notified in advance of such access.

(8) Review.

A written request for review of persona non grata status may be made to the general counsel after six months have elapsed from the date of the initial determination.

(9) The review shall be limited to evidence which would clearly demonstrate that the person's behavior will no longer be detrimental to the university community.

(10) The persona non grata status shall remain in effect pending the decision on the review. The general counsel shall render his/her decision within ten working days of receipt of the request for review. The decision shall be final.

Replaces: 3349-10-05

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-10-10 Campus law enforcement.

(A) Purpose

To establish a rule for security and the enforcement of federal, state and local laws on the Rootstown campus of the university.

(B) Scope

This rule applies to all persons on the Rootstown campus of the university.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Clery Act" refers to Section 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., and its implementation regulations, 34 C.F.R. 688.46.

(3) "Office of Public Safety and Security" or the "Office" refers to the supervisor for public safety & security, the public safety officer, and the contract security officers under the direction of the supervisor.

(4) "Supervisor" means the supervisor of public safety & security who is a full-time university employee and who heads the office of public safety and security.

(5) "Public Safety Officer" is a full-time university employee who assists the supervisor in the administration of the office of public safety and security.

(6) "Security" is the physical space reserved for security officers and their respective functions. It is located outside the only door accessible to non-keycard holders after hours.

(7) "911" is the telephone number used to call for local community police, fire or ambulance emergency services.

(D) Rule statement

(1) The university maintains a security force of armed contract security officers under the direction of the supervisor for public safety and security.

(2) The office provides twenty four hour a day security for the buildings, parking lots and property surrounding university buildings and parking lots on the Rootstown campus.

(3) Security officers on the Rootstown campus are employees of the security service with which the university contracts. They have no power of arrest on the Rootstown campus. The supervisor and the public safety officer, when deputized by the county sheriff's office or other law enforcement agency has the power of arrest on the Rootstown campus.

(4) The university maintains a highly professional working relationship with the Portage county sheriff's office and the Ohio state highway patrol, as well as other local law enforcement agencies for the investigation of alleged criminal offenses. The university does not, however, have a written memorandum of understanding with a law enforcement agency.

(5) Incidents requiring law enforcement assistance are referred to the appropriate law enforcement agency. All persons are strongly encouraged to immediately report any criminal or suspicious activity on the Rootstown campus to the office at extension 5911 and if time permits to call "911".

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-10-40 Emergency notification, response and evacuation procedure.

(A) Purpose

To establish a rule to ensure that the university is in compliance with the Higher Education Act of 1965, 79 Stat. 1125 (1965) 16 U.S.C 757a as amended by the Higher Education Opportunity Act of 2008, Pub. L. No. 110-315, 122 Stat. 3078 (2008), concerning emergency notification, response and evacuation. these procedures are in addition to and separate from those required for a timely warning required in response to specific crimes under Section 1092(f) of The Jean Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C.

(B) Scope

This Rule applies to all university owned and operated facilities.

(C) Definitions

(1) "Significant Emergency or Dangerous Situation" as used in this rule refers to a situation that poses an immediate threat to the health and safety of university faculty, staff, students or visitors. This determination shall be based upon:

(a) Personal observation of the event (sight or sound);

(b) Report from public safety and security, faculty, staff, students, administrators, or visitors to the campus;

(c) Information from an outside reliable source, such as local police or fire, news media, or government entity; or

(d) Other means that might be available.

(D) Body of the rule

(1) University has adopted an emergency management plan in order to address and respond to significant emergencies or dangerous situations that may threaten the health and safety of anyone on campus. Once University becomes aware of an emergency, various individuals engage in an information sharing process. This includes, but is not limited to, the university incident management team, executive leadership team, Portage county sheriff's office, Ohio state highway patrol and/or the Rootstown fire department. During this process, it is determined whether the situation constitutes a significant emergency or dangerous situation based on the following: The type of incident at issue; the risk of death, serious injury or illness to the university community; the number of people involved or injured, the location of the incident and the threat it prevents to safety or description of university activities; the potential physical or environmental damage that may result, as well as the threat to university's financial well-being. The team will also consult with the local sheriff's office when indicated. After assessing the situation, the following people are contacted to determine if an emergency notification is warranted based on the information obtained at that point:

(a) Director, public relations

(b) Supervisor, public safety and security

(c) Vice president, administration and finance

(d) Director, campus operations

(e) Assistant director, campus operations

(f) Portage county sheriff's office

(2) As soon as university confirms that a significant emergency or dangerous situation exists, it will:

(a) Take into account the safety of the campus community;

(b) Determine what information should be released about the situation; and

(c) Begin the emergency notification process.

(3) The only reason university would not issue an emergency notification if a significant emergency or dangerous situation exists is if doing so would compromise the university's efforts to assist the victim, contain or respond to the emergency, or otherwise mitigate the emergency.

(4) If an emergency notification is warranted, the supervisor, public safety and security will determine the segments of the campus community to receive immediate notification based on the location and nature of the incident.

(5) The supervisor, public safety and security will work with the director of public relations and the local sheriff's office to determine the content of emergency notification. If time is of the essence, an initial notification may be made by the office of public safety and security or the office of public relations and marketing with follow up notification as soon as possible containing additional information and instructions. The emergency notification will include the following information:

(a) The type of incident;

(b) That public safety is issuing the emergency notification;

(c) Abbreviated instructions; and

(d) Where additional information may be obtained.

If the initial message is sent as a text message, it may be shorter due to limitations in the number of characters that can be transmitted in a single message. Additionally, if the office of public safety and security and the office of public relations and marketing determine that emergency information needs to be disseminated beyond the university population to the community at large, it will do so through radio and/or television alerts to the local community. If appropriate, University may request the Rootstown Fire Department utilize their emergency notification system for notification to residents in Rootstown Township. The office of public relations and marketing will work with the office of public safety and security to develop the content of the message and determine the most effective media outlets for communicating the information based on the nature of the significant emergency or dangerous situation.

(6) Method of an emergency notification

One or more of the following methods to notify the campus community will be utilized:

(a) University mass emergency notification system that utilizes a combination of email, voice, and text messaging;

(b) University e-mail system;

(c) Posting of a message on university intranet;

(d) University web sitehttp://www.neomed.edu; and/or

(e) Cisco phones.

(7) Personnel authorized to initiate an emergency notification to the university campus include:

(a) Director, public relations or designated backup;

(b) Public safety & security supervisor or designated backup;

(c) Vendor who supports university's emergency notification system.

(8) Recipients of the emergency notification will be instructed as to what to do based on the nature of the significant emergency or dangerous situation. For example, the emergency notification may require a recipient to do one of the following:

(a) Shelter-in-place

Regardless of where you are, the basic steps of shelter in place will generally remain the same. Should the need ever arise, follow these steps, unless instructed otherwise by local emergency personnel:

(i) Go to the nearest building.

(ii) Close all doors and windows to seal off the building from the exterior.

(iii) Shut off air conditioners, furnaces and any other fans that draw outside air into the building.

(iv) Conduct an accountability check of students, faculty and staff.

(v) Prevent anyone from leaving the shelter.

(vi) Remain in the shelter in place area; do not leave until told to do so.

(b) Perform alert lockdown inform counter evacuate "ALICE" activities

"ALICE" is an acronym for five steps that can be utilized in order to increase the chances of surviving a surprise attack by an active shooter/armed intruder. In this type of incident, perception is the reality and recipients of the emergency notification will be deciding what the appropriate action to take is.

(i) Alert - alert others that a potential significant emergency or dangerous situation exists.

(ii) Lockdown - if the recipient decides to not evacuate, he/she must secure the room.

(iii) Inform - using any means necessary to pass on real time information.

(iv) Counter - use simple, proactive techniques when confronted by the active shooter.

(v) Evacuate - exit the danger zone as quickly as possible.

(9) The persons responsible for carrying out this rule include:

(a) President of university

(b) Chief of staff

(c) General counsel

(d) Vice president, administration and finance

(e) Dean, college of pharmacy

(f) Vice president, research/dean, college of graduate studies

(g) Dean, college of medicine

(h) Director, public relations

(i) Director, campus operations

(j) Public safety & security supervisor

(k) Portage county sheriff's office

(l) Ohio state highway patrol

(m) Rootstown pre [department

(10) Testing of the emergency notification system

A test of the university mass emergency notification system is conducted annually by the public safety and security supervisor and/or a designee in the office of public relations and marketing.

(11) Testing of evacuation procedures

The university shall conduct at least an annual emergency evacuation drill. The drills are supervised by the supervisory of public safety and security and require all persons in the building to evacuate to their designated evacuation assembly points. The purpose of the evacuation drill is to prepare building occupants for an organized evacuation in the case of an emergency. Evacuation routes are posted in each building and building occupants should learn the location of the emergency exits nearest to their location. During an evacuation, building occupants should:

(a) Remain calm.

(b) Leave their area quickly by walking to the nearest exit of the building. Do not use elevators.

(c) Take only essential personal possessions when leaving the building (e.g. car keys, office keys, etc.).

(d) Close doors when leaving.

(e) Check to make sure everyone is out of the room before closing the door. Go to your designated evacuation site.

(f) Await further instruction from university security or other emergency response personnel.

(g) Individuals with a disability need to complete an emergency assistance form and file it with the office of public safety in order to ensure they have the proper assistance during an evacuation.

These drills are documented and records retained by the office of public safety and security.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-10-41 Hosting high school students for educational experiences in research.

(A) Purpose

To establish a rule for hosting high school students for educational experiences in a manner that is consistent with university's minors on campus rule, allows for a meaningful educational experience for the student, and minimizes the risk of harm or disruption to students, laboratory equipment, research efforts or the operational activities of university.

(B) Scope

This rule applies to any employee who intends to host any high school student for structured educational experience of significant duration. It does not apply to students who volunteer or "shadow" university faculty or staff for a brief or limited period of time that is not long term in nature.

(C) Definitions

(1) "Direct Supervision" means that the high school student is accompanied at all times while on campus, including time spent in the lab, traversing campus, or engaged in activities in a non lab setting. The person responsible for direct supervision must be trained and knowledgeable about the experience in which the high school student is engaging, and must be physically present in the lab or other areas with the high school student at all times, unless the high school student has been given campus access in accordance with rule 3349 10 80 of the Administrative Code.

(2) "High School Student" refer to a person who is enrolled in or newly graduated from high school and not yet enrolled in university.

(3) "Laboratory Areas" refers to the following areas: the research and graduate educational building, multi disciplinary teaching laboratories and gross anatomy laboratory areas of B building; all basic medical sciences laboratories in C, D, E and F buildings; and all restricted access areas in the compaTrative medicine unit.

(D) Rule statement

(1) Obtaining approval to host a high school student

(a) Any employee requesting to host a high school student for an educational experience should document the request by completing the educational experience for high school students approval form. The information provided on this form must include the type of work that will be conducted by the high school student both inside and outside the laboratory or departmental areas, as well as who will be responsible for the direct supervision of the high school student.

(b) The completed form should be sent to the director of environmental and occupational health and safety ("DEOHS") for review.

(c) The "DEOHS" will determine what, if any, safety training may be required or if any restrictions should be placed on the high school student based on the activities being performed. The "DEOHS" will document any requirements and/or restrictions on the form and forward the form to the department chair or supervisor for review.

(d) The employee's department chair/supervisor must review and approve any requests to host a high school student as part of an educational experience before the student is permitted on campus for any significant period of time.

(e) All requests and related approvals must be documented on the educational experience for high school students approval form and must accompany any request to human resources to generate an identification badge.

(2) The person responsible for direct supervision of the high school student must have a criminal background check on file in human resources before they are able to serve in this capacity.

(3) The high school student and his/her parent or legal guardian must complete and sign the educational experience for high school students: parent/legal guardian agreement, release and consent for emergency medical treatment form as well as the non employee registration information.

(4) All forms related to hosting a high school student for an educational experience in research will be maintained in the human resources department.

Effective: 7/3/2017
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-10-52 Missing person rule.

(A) Purpose

To establish a rule related to locating a university student that is living in on-campus housing and who, based on the information available at the time, is believed to be missing.

(B) Scope

This rule applies to all university students that are living in on-campus housing.

(C) Definitions

Consult rule 3349-7-01 of the Administrative Code.

(D) Body of rule

(1) Student contact information. All university students who execute a resident agreement for on-campus housing will be asked to register a contact person who would be contacted no later than twenty-four hours after the time the student is determined to be missing. A student can register a confidential contact for this situation, in addition to the emergency contact information on file with the university. A missing student's confidential contact information will be accessible by university campus officials and may be shared with law enforcement during the course of the missing person investigation.

If the student is under eighteen years of age, university is required to notify a custodial parent or legal guardian not later than twenty-four hours after the student is determined to be missing.

(2) Notification. Any person who has reason to believe that a university student who is living on campus is missing should contact the office of public safety and security immediately at 330-325-6489 to make a report.

(3) Investigation. The university office of public safety and security will conduct an initial inquiry in response to any report that it receives regarding university students living on campus that may be missing. The inquiry will seek to determine if the student is actually missing and cannot be located through reasonable efforts. The inquiry may include, but is not limited to, the following activities:

(a) Calling or visiting the student's residence;

(b) Contacting neighbors, fellow students, and/or friends of the resident to determine the circumstances of the student's disappearance;

(c) Conducting a campus search of public locations to locate the student (library, cafeteria, lecture halls, etc.);

(d) Access key card and fob usage records to determine the student's last use of either means of access;

(e) Access the student's email or other network login records to determine the student's last use of the university network;

(f) Retrieve the student's cell phone number and work with the corresponding cell phone carrier to determine the student's last use of the phone and its location;

(g) Obtaining and circulating a photograph of the student to assist in identifying and locating the student;

(h) Contacting the chief student affairs officer, the dean of the college in which the student is enrolled, relevant faculty members or the on-campus housing management company for information related to the student; and

(i) Contacting local law enforcement.

(4) Determination that the student is missing. If the office of public safety and security or local law enforcement, after conducting an investigation of the report, determine that a student has been missing for more than twenty-four hours, the university will contact the individual registered as a contact by the student when the student entered on-campus housing. In the event the student did not register a contact when executing his/her resident agreement for on-campus housing, the university will contact the emergency contacts on file for the student in enrollment services.

(5) Board authorization

The board of trustees authorized the administration to establish and implement any and all rules to ensure compliance with Section 1092(f) of The Jean Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C and to modify those rules without further ratification.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-10-60 Preparation and disclosure of crime statistics.

(A) Purpose

To establish a rule to assure that the university complies with the crime statistics reporting requirements of Section 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., and its implementation regulations, 34 C.F.R. 688.46

(B) Scope

The Clery Act requires reporting of specific crimes that have occurred on campus student residences; on public property immediately adjacent and accessible from the campus; and all non-campus buildings or property wherever they may be situated.

(C) Definitions

(1) "Clery Act" refers to Section 1092(f) of the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., and its implementation regulations, 34 C.F.R. 688.46.

(2) "Rootstown Campus" includes all of the real property, buildings and equipment owned by or for the benefit of the university in Rootstown township, Portage county, Ohio.

(3) "Reportable Crimes" pursuant to the Clery Act and recognized by the Ohio Revised Code include:

(a) "Criminal Homicide" which encompasses murder and non-negligent manslaughter; and negligent manslaughter.

(b) "Forcible Sex Offenses" include forcible rape; forcible sodomy; sexual assault with an object; and forcible fondling.

(c) Theft or attempted theft of a motor vehicle.

(d) "Non-forcible Sex Offenses" which includes unlawful, non-forcible sexual intercourse, such as incest or statutory rape.

(e) "Liquor Law Violations" which include the violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and any attempts to commit the foregoing activities.

(f) "Drug Abuse Violations" which include violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs and any attempts to commit the foregoing acts. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (demerol, methadone); and dangerous non-narcotic drugs (barbiturates, benzedrine).

(g) "Weapon Law Violations" which include the violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: the manufacture, sale or possession of deadly weapons; the carrying of deadly weapons, concealed or openly; the furnishing of deadly weapons to minors; aliens possessing deadly weapons; and any attempts to commit the foregoing acts.

(h) Robbery.

(i) Aggravated assault, irrespective of whether the injury resulted from an aggravated assault when a gun, knife, or other weapon.

(j) Arson.

(k) Burglary, which includes unlawful entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and any attempts to commit the foregoing acts.

(D) Body of the rule

(1) University's office of public safety and security will prepare a report to comply with the Clery Act. The report will contain information on the reportable crimes specified herein and any crimes that may be designated by amendment to the Clery Act. The full text of this report can be located on our web site at

http://www.neomed.edu/officesanddirectory/campusoperations/campus-security-report-2012. This report will be prepared in cooperation with the local law enforcement agencies that cover the Rootstown campus and adjoining public property as well as all university departments.

(2) Campus crime, arrest and referral statistics include those reported to the office of public safety and security, designated campus officials, and local law enforcement agencies.

(3) Each year, students, faculty, and staff will be notified of the reportable crimes that occurred on campus for the past reporting year. This information will also be accessible through the university website. A paper copy of the report may also be obtained from the office of public safety and security by calling 330.325.6492; or emailing a request to publicsafety@neomed.edu.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-10-65 Emergency or crime reporting policy.

(A) Purpose

To establish a rule for the reporting of a crime, emergency or public safety concern or incident while on the Rootstown campus.

(B) Scope

Covers all persons in the Rootstown campus, any on campus residences and all public property adjacent to and immediately accessible from the Rootstown campus and any non campus university owned buildings or property.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Emergency" is a sudden, generally unexpected, occurrence or set of circumstances demanding immediate attention.

(3) "Rootstown campus" includes all of the real property, buildings and equipment owned by or for the benefit of the university in Rootstown Township, Portage county, Ohio.

(4) "911" means the telephone number used to call for police, fire or ambulance emergency services.

(5) "Security" is the physical space reserved for security officers and their respective function. It is located outside the only door accessible to non-keycard holders and after hours.

(D) Rule statement

(1) To report an emergency, call 911. If calling from an on-campus phone the caller must dial 9-911 to secure an outside line. In order for the security officers to assist first responders, everyone should immediately call security at ext. 5911 to inform them of the emergency after the call to 911 is made if possible.

(2) Any suspicious persons or activities should be reported to security at 330-325-5911. In addition to calling security, crimes or suspicious activity can be reported to the following individuals:

Chief student affairs officer: 330-325-6759; B204

Chief administrative officer (bio-med): 330-325-6169;

3011A, NEW center

Public safety offficer: 330-325-6519; P7

Public safety supervisor: 330-325-6492; P6

Patrol officers: 330-325-6489; C171

Security officers: 330-325-6489; A90

(3) To report a non-emergency security or public safety concern, contact security at (330) 325-6489 or ext. 6489 if dialing from an on-campus phone.

(4) Under the Revised Code, all persons who know that a felony has been or is being committed are required to report such information to law enforcement authorities. The person should call 911 immediately to report such information. The university encourages the victim of or witness to any crime to promptly report the incident to local law enforcement or university campus security.

(5) Any crimes on the campus reported to any security officers or local law enforcement will be included in the annual crime statistics, and will be used to provide timely warning notices to the university community annually, and more frequently, if necessary.

(6) Ohio's public records law, contained in section 149.43 of the Revised Code does not permit the university to promise confidentiality to those who report crimes to anyone except counselors, or under certain circumstances, to a person serving as a physician or nurse on campus. Some off-campus reports to a member of the clergy or other health care professional may also be legally confidential.

(7) The university maintains its existing campus by conducting routine assessments of the safety and security of the facilities and it grounds. University does not maintain any university housing facilities on its campus.

Replaces: 3349-10-65

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-10-70 After hours public access to the library.

(A) Purpose

To establish a rule restricting or prohibiting access by the general public to the Ocasek medical library.

(B) Scope

Applies to any visitor on the university campus.

(C) Definitions

(1) "Persona Non Grata" means a visitor who has exhibited behavior which has been deemed detrimental to the university community and thus is no longer permitted to frequent or be present in any university locations or specific locations as set forth in the notice.

(2) "Visitor" means any person who is not a student or an employee acting within the scope of his or her employment or university educational program.

(a) As a general rule, persons who had been enrolled at the university but who have graduated or transferred are classified as visitors. Persons who have been admitted to the university, but are not currently enrolled, are to be classified as visitors.

(b) It is intended that this rule provide a means for regulating the behavior of all persons, except university employees acting within the scope of their employment, and persons who are present on university premises and who are subject to the student honor code.

(3) "Behavior Detrimental to the University Community". but is not limited to, actions by an individual which result in offenses against persons or property, disruption of university processes or programs, violation of a previous order given by a university official, a continuing pattern of violation of university rules and regulations after actual notice of the rules or falsification or misrepresentation of self or other information to a university office or official.

(4) "University Premises" means any building or land owned, leased, or used by.

(D) Body of the rule

(1) Access to the university campus by members of the general public, is restricted to the hours posted near the entrance to the library and by the security entrance to the building.

(2) Hours are subject to change, but generally members of the public will be refused entry prior to eight a.m. and after six p.m. During the week and not at all on the weekends, unless they have written permission from the director of the library.

(3) Visitors will be asked by library staff to exit the library and the campus no later than six p.m. Monday through Friday or earlier as posted.

(4) Individuals not complying with these rules, will be escorted out of the building by a security officer. Individuals causing disruption in any way to university students, faculty, and/or staff will be escorted out of the building and may be subject to the university's persona non grata rule which would limit future access to the university campus.

(5) Once the campus is closed, including the library, university security officers reserve the right to request identification at any time. University students, faculty and staff are encouraged to carry their university identification on their person at all times.

Replaces: 3349-10-70

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-10-71 Security and access.

(A) Purpose

To establish a rule to restrict access to the buildings on the Rootstown campus and establishing a safe and secure premises for its campus community.

(B) Scope

Rootstown campus buildings are covered by this rule.

(C) Definitions

(1) "Closed Circuit Television" or "CCTV" means the use of video cameras to transmit a signal to a specific place, on a limited number of monitors.

(2) "Exterior Doors" are those doorways that allow entrance to or exit from a building.

(3) "Key Card Access" means an electronic door access system that requires the swipe of an identification card to gain entry into a building.

(4) "Rootstown Campus" includes all of the real property, buildings and equipment owned by or for the benefit of the university in Rootstown "township, Portage county, Ohio.

(6) "Security" is the physical space reserved for security officers and their respective functions. It is located outside the only door accessible to non-keycard holders after hours.

(D) Rule statement

(1) Access to the Rootstown campus is restricted at all times. All exterior doors to the campus are locked and alarmed.

(2) Exterior doors equipped with key card access and closed circuit television allow personnel and students to access the building at all times.

(3) All visitors to campus between the hours of eight a.m. to four-thirty p.m., Monday through Friday are required to sign in with security officers and obtain a guest identification badge.

(4) Security officers conduct routine checks of lighting on campus during regular patrols. If lights are out or dim, officers notify the department of campus operations, who then takes immediate action to fix lighting issues. University community members are encouraged to report deficient lighting or other unsafe office situations to the department of campus operations at 330-325-6193.

(5) Unsafe lab conditions should be reported to the safety administration at 330-325-6494.

(6) Concerns related to fire prevention or security and law enforcement should be reported to the supervisor for public safety and security at 330-325-6492.

(7) University's safety intervention team meets as needed to discuss safety and security issues in an effort to prevent, monitor and manage such issues on campus. Information about the team, its membership, and its responsibilities is available to university students and employees on the public safety tab of the university intranet.

(8) All new students and employees are provided with a safety education session during their respective orientations to university. First year students are educated on crime reporting, date/acquaintance rape, campus access and security, crime statistics, and emergency notification. New employees are provided with a public safety presentation during their orientation program addressing similar topics. University public safety and security also offers alert lockdown inform counter evacuate "ALICE" training to all first year students and any interested students, faculty and staff at various points throughout the year. "ALICE" training prepares the campus community to react to a surprise attack by an active shooter.

Replaces: 3349-10-71

Effective: 10/28/2010
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 10/28/2010

3349-10-72 Sex offender registry.

(A) Purpose

To establish a rule on registered sex offenders and the use of the sex offender registry.

(B) Scope

This applies to all persons who are seeking employment or admission to the university, all persons who are employed by the university in any capacity, and to all students upon admission into any university program.

(C) Definitions

(1) "Sex Offender" is a person who meets the statutory definition set forth in section 2950.01 of the Revised Code.

(2) Electronic sex offender registration and notification "ESORN" is a database that contains information regarding all registered sex offenders in the state of Ohio. "ESORN" may be found athttp://www.esorn.ag.state.oh.us/secured/p1.aspx.

(D) Rule statement

(1) In accordance with Section 1092(f) of The Jean Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C and further amendments, and Section 1232g of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C., the university department of public safety and security provides a link to the Ohio attorney general's electronic sex offender registration and notification "ESORN" web site on its website.

(2) All sex offenders required to register in the state of Ohio or any other state are required to notify the university of their sex offender status if they are applying for employment or admission to the university. All employees or students who become registered sex offenders are required to notify the university at the time they are first required to register with the state. Employees must notify their immediate supervisors and the department of human resources and students must notify the dean for student affairs or the dean of their respective college.

(3) Due to the nature of the university programs, environment, student populations, and patient population, registered sex offenders will not be considered for employment or admission to the university. The university department of human resources or the admissions office will query "ESORN" prior to finalizing offers of employment, faculty status or admission to its academic programs. Becoming a registered sex offender is grounds for termination of employment and dismissal from the academic programs of the university.

(4) Any employee or student charged with a sexually oriented offense as that term is defined under section 2950.01(a) of the Revised Code or a similar offense under the laws of any other state is required to report this information to the university immediately.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-10-73 Preventing and responding to sex offenses.

(A) Purpose

To establish a rule to aid in preventing and responding to sex offenses.

(B) Scope

All university personnel including faculty, staff, students, volunteers and visitors.

(C) Definitions

(1) "Campus Security Authorities" include campus security; individuals who have responsibility for campus security including those who are designated as persons to whom an offense should be reported; and any individual who has significant responsibility for student and campus affairs.

(2) "Knowledge" is an awareness or understanding hand observation or experience. It is a state of mind in which the person has no substantial doubt about the existence of a fact.

(3) "Sex Offense" under this rule includes any sexual act directed against another person, forcibly and/or against that person's will; or under circumstances where the victim is incapable of giving consent. Sexual offenses are defined in Chapter 2907. of the Revised Code.

(4) "Sexual Assault" occurs when a person is forced or coerced physically, verbally, or by deception, into any type of sexual conduct or contact with another person whether the assailant is a friend, acquaintance or stranger.

(D) Body of the rule

(1) University employees (with the exclusion of licensed counselors and unlicensed counselor trainees) are required to report to the portage county sheriff's offices information brought to their attention concerning occurrences of sexual assault on campus. University personnel should consult the director of public safety and security about all other reports.

(2) In the case of sexual assault, university personnel will encourage victims to go to the nearest emergency room or hospital for evaluation, treatment, and counseling, in addition to advising them of the specialized service offered at the St. Thomas hospital in Akron, Ohio, for victims of sexual assault.

(3) All first-year students are required to attend an educational program which promotes the awareness of sexual assault, particularly rape and acquaintance rape. This program will address who a student should contact on campus and in local law enforcement in the event a sexual assault occurs. The program will emphasize the importance of reporting such offenses to the police and preserving evidence of the assault for prosecution of the offense. University staff will also encourage the victim to report the incident to police in a timely manner.

(4) To report a sexual assault on campus, contact security personnel at 330-325-5911 (twenty-four hours a day, seven days a week); the supervisor of public safety and security at 330-325-6492 (weekdays); the public safety officer at 330-325-6519 (weekdays) or other designated campus security authorities.

(5) Victims of sexual assault have the option to notify law enforcement authorities about the offense. For sexual assaults occurring on campus or off campus but reported to university campus security authorities, university will comply with the victim's request to assist them in contacting the appropriate law enforcement agency to timely file a police report. Filing a police report near in time to the offense will:

(a) Ensure the victim receives the necessary medical treatment and tests at no expense to the victim;

(b) Provide an opportunity for collection of evidence helpful in the prosecution, which is time-sensitive; and

(c) Assure the victim has access to free confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.

(6) The university will, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of title 18 of the United States Code) or a non-forcible sex offense, a report of the results of the disciplinary proceeding conducted by the university against a student who is the alleged perpetrator of the offense. Should the alleged victim be deceased at the time of the proceeding, the victim's next of kin shall retain the right to such a report.

(7) For on-campus services, sexual assault victims can contact the director of student health at 330-325-6736. For assistance off-campus, victims can contact Townhall II's twenty-four hour crisis line at 330-678-help (4357).

(8) University is obligated to comply with a student's request for a modification to an academic situation following an alleged sex offense if a modification is reasonably available.

(9) The safety intervention team is a multidisciplinary team that meets as needed to address concerns related to campus safety and potential threats to the security of the university's campus and constituents. One of the team's goals is to identify, assess, manage, and reduce the risk of interpersonal violence on campus.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-10-74 Employees and students arrested for offenses of violence ("1219" proceedings).

(A) Purpose

To establish a rule for the immediate suspension and possible termination of employees arrested for offenses of violence. This rule will also be used for the suspension and dismissal of matriculated students arrested for offenses of violence.

(B) Scope

All employees and matriculated students of the university.

(C) Definitions

(1) "Force" means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.

(2) "Deadly Force" means any force that carries a substantial risk that it will proximately result in the death of any person.

(3) "Hearing Officer" refers to the person who will preside over the hearing initiated when a student or employee is arrested for an offense of violence. The hearing officer shall be an attorney admitted to the practice of law in Ohio, but the hearing officer shall not be attorney for or an employee of the university.

(4) "Matriculated" enrolled or admitted to any course of study in any one of the colleges of the university.

(5) "Offenses of Violence" are those offenses set forth in section 3345.22 of the Revised Code and section 3345.23 of the Revised Code, or any substantially equivalent offenses under a municipal ordinance. These offenses include, but are not limited to, the following offenses:

Aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, aggravated assault, assault, permitting child abuse, aggravated menacing, menacing by stalking, menacing, kidnapping, abduction, extortion, gross sexual imposition, arson, aggravated robbery, rape, sexual battery, aggravated arson, arson, disrupting public services, terrorism, robbery, aggravated burglary, burglary, inciting to violence, aggravated riot, riot, inducing panic, domestic violence, intimidation, intimidation of attorney, victim or witness in criminal case, escape, aiding escape or resistance to lawful authority, having weapons while under disability, and improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function.

(6) "Physical Harm to Persons" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.

(7) "Physical Harm to Property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned by normal use.

(D) Procedures

(1) Duty to report. While the arresting authority is required to immediately notify the president of the university of the arrest of an employee or student for an offense of violence, the employee or student who has been arrested is also under an obligation to so report. A student's failure to report will be deemed a violation of the student academic integrity and conduct code. An employee's failure to report will be deemed as grounds for discipline or termination.

(2) Immediate administrative suspension pending hearing. Upon receipt of the information that an employee or student of the university has been arrested for an offense of violence, the president or his/her designee may impose an immediate administrative suspension upon the student or employee until a hearing is held on the matter. The chief student affairs officer has the discretionary authority to impose an immediate administrative suspension upon a student, and the department of human resources has the same discretionary authority to issue such a suspension to an employee. Imposition of an immediate administrative suspension will only occur after there has been an in-person meeting to discuss the alleged conduct, or a good faith effort upon the university to hold an in-person meeting. An immediate administrative suspension may still be imposed where the circumstances of the person's arrest prevent such a meeting from occurring or if the person fails to acknowledge the university's request for such a meeting. For students, the meeting will be held with the chief student affairs officer, while employees will meet with the director of human resources. The safety officer shall be present for the meeting. If an immediate administrative suspension is issued following the in-person meeting, the student or employee must surrender his/her university identification badge and will be escorted off the university property by the safety officer.

(3) Hearing to determine further action. Irrespective of whether a student or employee is placed on immediate administrative suspension, a subsequent hearing will be held to determine if further action is necessary based on the person's offense of violence.

(a) Hearing notice. An employee or student of the university arrested for any offense of violence shall be afforded a hearing on the facts of the case. The university will issue a notice of hearing within two business days of learning that a student or employee has been arrested for an offense of violence. The hearing notice will identify the time, date, and location of the hearing.

(b) Hearing timeframe. The hearing shall be held within not more than five business days after the person's arrest, subject to reasonable continuances for good cause shown, which continuances shall not exceed a total of ten business days.

(c) Hearing. The university will appoint a hearing officer to hold the hearing to determine whether further disciplinary measures will be imposed upon the employee or student. The hearing shall be held at the university or other location in Portage county on the time and date specified in the hearing notice.

(i) The hearing officer may administer oaths, issue subpoenas to compel the attendance of witnesses and the production of evidence, and enforce the subpoenas, as well as preserve the order and decorum of the proceedings over which the hearing officer presides, by means of contempt proceedings in the court of common pleas as provided by law.

(ii) The hearing shall be adversarial in nature and shall be conducted fairly and impartially, but the technical rules of evidence applicable to civil and criminal cases shall not apply. A person whose suspension is being considered has the right to be accompanied by counsel, but counsel will not be furnished for the person. The person also has the right to cross-examine witnesses against the person, to testify, and to present the testimony of witnesses and other evidence in the person's behalf. In the absence of a waiver of the right against compulsory self-incrimination, the testimony of a person whose suspension is being considered, given at the hearing, shall not subsequently be used in any criminal proceeding against the person. The hearing officer may require the separation of witnesses and may bar from the proceedings any person whose presence is not essential to the proceedings.

(iii) The person subject to the hearing may appear with another person, who may serve only in an advisory capacity during the hearing. If serving as an advisor to the student/employee, that person may not participate directly in the hearing or address the hearing officer on behalf of the student/employee unless a communication difficulty exists that is sufficiently severe so as to prevent a fair hearing.

(4) Sanctions. Upon hearing, if the hearing officer finds by a preponderance of the evidence that the person whose suspension is being considered committed any offense of violence, the hearing officer may:

(a) Order a university suspension, whereby the person suspended from further employment or matriculation; or

(b) After consulting with university officials and making a determination that the good order and discipline of the university will not be prejudiced or compromised by the person's continued presence, permit the person to return to the university on terms of strict disciplinary probation. Subsequent violation of the terms of the probation automatically affects a suspension.

(5) Failure to appear. A person afforded a hearing pursuant to this section who does not appear at the hearing will be issued a university suspension by the hearing officer.

(6) Waiver. A person afforded a hearing pursuant to this section may waive the right to the hearing by responding in writing to the university official designated in the hearing notice. Waiver of the hearing will result in the automatic imposition of a university suspension or disciplinary probation.

(7) Campus access. Campus security shall escort the person subject to a university suspension from the premises following the imposition of such a sanction and the suspended person must surrender their university identification badge. That name of the suspended person will be provided to campus security and that person shall be denied access to any university property until the sanctions ordered under this rule have been lifted.

(8) Duration of the suspension. A university suspension under this section is in effect until the person is acquitted or convicted of the crime, or a crime related to the same facts for which the person was arrested. If the person is convicted of the crime or a crime related to the same facts, the university suspension will remain in effect for the duration of any criminal sentence imposed by the court. Should the person plead guilty to or be convicted of a lesser charge related to the same facts, the university suspension will remain in effect under the terms originally imposed by the university.

If the person is acquitted or there is a final judicial determination that does not result in a conviction related to the charges for which a person is suspended pursuant to this rule, the university suspension will automatically terminate, and the person suspended shall be reinstated. The record of the suspension shall be expunged from the person's personnel or academic record held by the university.

(9) Appeals. A person ordered to a university suspension under this rule may appeal from the order of a hearing officer on questions of law and fact to the court of common pleas in Portage county, within twenty calendar days after the date of the order. If the court to which an appeal is taken determines that the good order and discipline of the university will not be prejudiced thereby, it may permit the person suspended to return to the university on terms of strict disciplinary probation.

(10) Petitions for reinstatement after a suspension. Upon completion of the criminal sentence imposed, the person may petition the university, in writing, for re-entry into the curriculum or return to employment. Students petitioning to re-enter their curriculum must submit their petition to the committee on academic and professional progress "CAPP". The petition will then be reviewed by a standing subcommittee appointed by phase two "CAPP". Employees petitioning to be reinstated to their position of employment must submit their petition to the director of human resources for review by the president and/or the board of trustees. Decisions on reinstatement to the university will be based on a review of the following considerations:

(a) The nature of the student's profession or employee's position;

(b) The person's present and past disciplinary record;

(c) The nature of the offense;

(d) The severity of any damage, injury, or harm resulting from the person's conduct;

(e) The continued threat posed to campus personnel or property should the person return;

(f) The risk of harm to the health and safety of the university and its students and employees.

Students or employees petitioning for reinstatement may appear accompanied by another person. That person cannot, however, be a relative or an attorney. students or employees reinstated following a suspension may be placed on strict disciplinary probation for a period of at least one year and may face restrictions, including but not limited to, limitations on facility use.

(11) Student appeals from the denial of a petition for reinstatement. A student who has petitioned for reinstatement may appeal the decision of the phase two "CAPP" subcommittee on the following grounds:

(a) The student sets forth significant new information, which was not available at the time the subcommittee reviewed the petition; or

(b) The student identifies a procedural error that occurred when the subcommittee was reviewing his/her petition.

Any such appeal shall be directed to the associate dean for academic affairs within five business days of the phase 2 "CAPP" decision. The associate dean for academic affairs will make a determination as to whether the matter will be further reviewed by the "CAPP" executive review committee. Sshould the "CAPP" executive review committee determine that the new information brought forth or procedural error alleged had a substantive effect on the decision of the phase two "CAPP" subcommittee, the matter will be resubmitted to the subcommittee for further consideration and the same process, including the right to an appeal of that decision, will ensue.

(12) Dismissal of employees or students upon conviction of certain offenses.

(a) If convicted, the person is dismissed from the university pursuant to section 3345.23 of the Revised Code.

(b) A tenured faculty member dismissed pursuant to this section is not entitled to the protections set forth in appendix "D" to the rules of the faculty.

(c) Upon conviction of a university employee or student for any offense of violence, the court shall immediately notify the president of the university of such conviction. The university registrar or the human resources department shall immediately notify such person of the person's dismissal and provide a copy of the dismissal letter to the university general counsel. The notice shall be in writing and shall be mailed by certified mail to the person's address as shown in both the court and the university records. If such person has been suspended pursuant to this rule, and not permitted to return to the university, the period of the person's dismissal shall run from the initial date of the university suspension.

(d) No degrees or honors shall be conferred upon, no instructional credit or grades shall be given to, and no student assistance, scholarship funds, salaries, or wages shall be paid or credited to any employee or student, during the period such person is properly dismissed pursuant to this section or under a university suspension pursuant to this rule.

(e) A dismissed person may later seek readmission or reemployment pursuant to division (a) of section 3345.23 of the Revised Code.

(f) Without limiting the grounds for dismissal, suspension, or other disciplinary action against a student or employee of the university, the commission of an offense of violence or a substantially equivalent offense under a local, state or federal law, which offense is committed on or affects persons or property of the university, or which offense is committed in the immediate vicinity of the university with respect to which an emergency has been declared and is in effect pursuant to section 3345.26 of the Revised Code, is cause for dismissal pursuant to this rule.

(g) If a final judicial determination results in an acquittal, or if the conviction is reversed on appeal, the student or employee shall be reinstated and the university shall expunge the record of the student's or employee's dismissal from the student's or employee's university records, and the dismissal shall be deemed never to have occurred.

(E) Additional authority of the university

(1) Section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and all other sections provided for in this rule shall be applied and followed, notwithstanding any rule, regulation, or procedure of the university, but such sections shall not be construed to limit any duty or authority of the university to take appropriate disciplinary action, through such procedures as may be provided in the rules and rules of the university.

(2) Section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and all other sections provided for in this rule shall not be construed as modifying or limiting the duty or authority of the university to summarily suspend a student or employee, when necessary to preserve the good order and discipline of the university under other existing rules.

(3) To the extent that section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and all other sections provided for in this rule conflict with civil service requirements and procedures, persons otherwise subject to disciplinary action pursuant to such sections, but who are employees in the classified civil service, shall be disciplined according to civil service requirements and procedures.

(4) Dismissed or suspended person are not to enter university premises. No employee or student under dismissal or suspension from the university pursuant to section 3345.22 of the Revised Code or section 3345.23 of the Revised Code or this rule, shall enter or remain upon the land or premises of the university from which he or she was suspended or dismissed, without the express permission of the university.

(5) Pursuant to Section 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., upon receipt of a written request from an alleged victim of an offence of violence (as that term is defined in this rule and in section 16 of title 18, U.S.C.) or that victim's next of kin, the university will issue a report of the result of the disciplinary proceeding instituted against the alleged perpetrator of the act.

Effective: 8/26/2016
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 2/2/2015

3349-10-76 Access and use of university owned buildings.

(A) Purpose

The university strives to provide a safe and secure environment and to meet the educational and professional needs of students and employees. Toward this end, this rule establishes restricted access buildings, open access buildings, periods when university buildings may be used, and prescribes conditions under which persons may use closed facilities.

(B) Scope

This rules applies to all university owned or leased buildings and to all persons who enter or use such buildings.

(C) Definitions

(1) "Designated University Officials" include: department chairs, the director of campus operations, or senior university administrator.

(2) "University Owned or Leased Buildings" include those buildings and facilities on the Rootstown, Ohio campus and others leased by or under the control of the university.

(3) "Restricted Access Building" includes all buildings except for the public areas of the information center and the conference center.

(4) "Senior University Administrators" for purposes of this rule include the president, deans of the colleges, vice-presidents and the general counsel.

(D) Rule statement

(1) All university restricted access buildings are closed from one a.m. to six a.m., Monday through Friday and all weekend and designated university holidays or breaks.

(a) No restricted access building may be utilized for non-university related events after one a.m.

(b) Except in the case of an emergency, no university owned or leased building may be used for overnight or sleeping accommodations.

(2) At any time, university employees must have the permission of their immediate supervisor to have non-business related visitors in any restricted access building for any period in excess of thirty minutes.

(3) It is permissible for a designated university official to allow employees under his or her control to utilize offices, laboratories and other areas for university related purposes during periods when a restricted access building is closed.

(a) The designated university official authorizing such use assumes responsibility for the conduct of personnel so authorized and for the security of the area.

(b) No designated university official may authorize the use of facilities for non-university events during the hours one a.m. to six a.m. Or for overnight accommodations without the written consent of the president or the director of campus operations.

(c) The designated university official will notify security of the names of the persons authorized and the dates and times of such authorization via email at campsec@neomed.edu.

(4) University employees or currently enrolled students may only use a closed restricted access building if they have the permission of one of a designated university official and they have in their possession a valid university identification card.

(5) University-contracted employees engaged in the performance of their job duties must have and display valid identification from the contractors that is acceptable to the university.

(6) The information center and the conference center have defined hours of operation and use restrictions. Patrons using these facilities must abide by these hours and restrictions.

(7) Persons who do not have authorization to enter and use restricted access buildings as set forth herein will be asked to leave the building by security personnel. Persons who do not abide by the request will be informed that they are considered trespassers and that the sheriff's office will be notified immediately. Disruptive persons may be detained by the security personnel until sheriff's officers arrive on the scene.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-10-80 Minors on campus.

(A) Purpose

To establish a rule for managing minors on the university campus.

(B) Scope

This rule covers all minors, both supervised and unsupervised, who may be present on the university campus.

(C) Definitions

(1) "Minors" refers to persons under the age of eighteen, with the exception of university students that are enrolled at the university.

(2) "Laboratory Areas" refers to the following areas: the research and graduate educational building, multi disciplinary teaching laboratories and gross anatomy laboratory areas of B building; all basic medical sciences laboratories in C, D, E and F buildings; and all restricted access areas in the comparative medicine unit.

(3) "University Campus" refers to the Rootstown campus, any on campus residences and any non campus university owned buildings or property.

(D) Rule statement

(1) Supervised minors on the university campus.

(a) Minors are permitted in all non laboratory areas of the university campus when accompanied by an adult. Minors are not permitted in the laboratory areas unless prior written approval has been provided by the department head in advance of the minor's visit and the requisite supervision will be in place during the visit.

(b) Minor children of university students are not permitted to attend class with their parents. If a minor child is brought to campus or a location where university students are receiving instruction, the child must be accompanied by an adult at all times.

(c) Minor children of university employees are not permitted to attend work with their parent unless the employee has obtained prior approval in advance from his/her direct supervisor. Supervisors may not permit minor children of employees to attend work with their parent on a daily or ongoing basis. Minor children permitted to attend work with their parent must be directly supervised by the parent while on the university campus and may not disrupt the routine activities of the university.

(d) Minors ages sixteen to eighteen years old may work on the university campus provided their parent(s) or legal guardian(s) complete the necessary paperwork with human resources allowing them to do so.

(e) Minors who are on campus in conjunction with various university programs including educational workshops or conferences, academic camps, pre enrollment visits must be supervised by an adult at all times.

(f) Students enrolled in the bio-med science academy that are minors must be supervised by a teacher or member of the bio-med science academy's staff at all times while on the university campus. All teachers or staff members of the bio-med science academy who are engaged in the supervision of students on the university campus must have a criminal background check on file with human resources prior to engaging in student supervision.

(g) Bio med/science academy students that are engaged in long term educational experience (as defined by rule 3349 10 41 of the Administrative Code) may be provided with campus access and permitted to move about campus unsupervised after obtaining the proper approvals to do so. Campus access will be terminated if the student is found to have misused or abused his/her access privileges.

(2) Unsupervised minors on the university campus.

For their safety and welfare, any unsupervised minor found on the university campus will be escorted to the campus security office and the parent(s) or legal guardian(s) will be contacted to pick them up immediately.

(3) This rule does not apply to general events held on the university campus that are open to public.

(4) The board of trustees authorized the administration to establish and implement the specific procedures for regulating the presence of minors on the Rootstown campus and to modify these procedures as necessary to carry out this rule without further ratification or action required by the board of trustees.

Effective: 6/11/2017
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15

3349-10-90 Timely warning.

(A) Purpose

The purpose of this rule is to codify the university's rule concerning timely warnings/crime alerts issued by the university.

(B) Definitions

(1) "Clery Act" refers to Section 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C, and its implementation regulations, 34 C.F.R. 688.46.

(2) "Office of Public Safety & Security" or the "Office" refers to the associate for public safety and security and the contract security officers under the direction of the associate.

(3) "Security" is the physical space reserved for security officers and their respective functions. It is located outside the only door accessible to non-keycard holders after hours.

(4) "Supervisor" means the supervisor for public safety & security who is a full-time university employee and who heads the office of public safety and security.

(5) "Timely Warning" is for the purposes of this rule, "Timely Manner" generally means the warning should be issued as soon as the pertinent information is available, unless notification will compromise the efforts of law enforcement to contain the emergency.

(6) "Nine One One" is the telephone number used to call for local community police, fire or ambulance emergency services.

(C) Body of the rule

(1) The university will issue timely warnings/crime alerts in effort to notify community members about certain crimes in andi around our community in compliance with the "Clery Act".

(2) The supervisor for public safety and security, or his/her designee is responsible for consulting with university administration, local police department(s), and with other authorities in making the determination on a case-by-case basis of when "Timely Warning" information in the form of a crime alert is to be disseminated.

Pursuant to the "Clery Act", a two-prong test shall be applied to determine if a crime alert will be issued. The two-prong test requires the associate to determine if the incident is:

(a) Identified as a "Clery Act" crime; and/or

(b) Represents a serious or continuing threat to students, faculty, staff, or visitors

(3) Whether to issue a crime alert for non "Clery Act" crimes shall be evaluated on a case-by-case basis, taking into account both the frequency of offense and likelihood for additional occurrence.

(4) When timely warnings/crime alerts are issued, a corresponding timely warning action report shall be completed and filed in the Clery annual retention file with attached copies of the crime alert.

(5) When it is decided that a timely warning/crime alert will not be issued, the timely warning action report will be completed documenting the rationale supporting the decision not to issue such a warning.

(6) Timely warnings/crime alerts will contain in the subject line the phrase "Timely Warning" or "Crime Alert" depending on the severity of the threat. The body of the warning will include the following information, if known: a short description of the crime or incident giving the time and date, location, reported offense; a suspect description; weapon used; suspect vehicle; and method of operation used to facilitate the crime. The warning will also include personal safety information to aid members of the university community in protecting themselves from becoming victims of a similar crime and promote overall safety for our educational community.

(7) Methods of dissemination may include, but are not limited to, electronic distribution through e-mail, posting of hard copies in public areas, posting on "D.O.C.S." and the university web site, and dissemination via local media outlets.

(8) Following issuance, timely warnings/crime alerts will be posted for at least sixty days in a conspicuous location at the security office for public review.

(9) Status updates as to the resolution or outcome will be disseminated and updated as soon as possible.

(10) Members of the community who know of a crime or other serious incident should report that incident as soon as possible to public safety and security so the decision can be made as to whether or not an alert is needed.

Effective: 2/2/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15