Chapter 3349-3 | Faculty Rules

Rule 3349-3-01 | University faculty rules.

• Effective: March 1, 2019
• Promulgated Under: 111.15

(A) Purpose of the university faculty rules ("Rules")

(1) Establish an organized system of shared governance that is essential to the academic operations of the university. The rules define the roles, rights and responsibilities of academic administrators and the faculty to ensure their faithful discharge.

Shared governance is a process subordinate to federal and state governmental authority, the authority of the board of trustees, and the delegated authority of the president.

(2) Provide for an organized system of committees and councils that serve to promote the mission and vision of the university and its colleges.

(3) Form an effective organizational structure whereby the academic administration and the faculty appropriately collaborate in the consideration, formulation and implementation of academic policies and practices.

(B) Scope

The rules apply to the academic enterprise of the university including, but not limited to, academic operations, governance, and organizational structures.

(C) Definitions

Words have their ordinary and widely accepted meaning unless the word or phrase has been assigned a specific meaning within these university faculty rules.

(1) "Affiliated Faculty" are non-tenure track faculty members who are non-salaried or whose primary role are not as faculty members.

(2) "Board of Trustees" (hereinafter referred to as the "Board.") is established by section 3350.10 of the Revised Code and derives its power to govern from section 3350.12 of the Revised Code. The board is the governing body for the university and all its component colleges.

(3) "Rules" are the rules and regulations which govern the academic enterprise and include its approved procedural appendices. The Ohio legislative services commission refers to rules as rules when they are incorporated into the Administrative Code. The rules govern the faculty in their capacity as a faculty in the fulfillment of their education, research, and service responsibilities to the college or university.

(4) "Clinical Education" is the health care education conducted in health care facilities, outpatient clinics, emergency centers, hospitals, or private offices, under the supervision of a qualified practitioner or teaching staff.

(5) "College" is a collective body of faculty who prescribe and conduct a course of study leading to the award of a degree or degrees.

(6) "Deans" are the chief academic and presiding officers of the colleges of the university. Their respective authority and responsibilities are further defined in the faculty rules.

(7) "Departments" are academic units of a college. The faculty may be organized into departments that are supportive of, and consistent with, the mission of the respective college and the university. Departments may be established, changed or eliminated by the dean after consultation with faculty and the president. Departments may adopt written procedures to govern internal operations and carry out their departmental missions. Such procedures shall be consistent with university policies and procedures, these rules and the procedural appendices adopted pursuant thereto. Departments shall be reviewed at least every seven years by an ad hoc committee appointed by the dean.

(8) "Faculty" hold tenured, tenure track and non-tenure track academic appointments that are approved by the board of trustees of the northeast Ohio medical university. Full-time and part-time designations for faculty will be determined by their respective college(s).

(9) "Letter of Offer" is a document initiated by the college and sets forth certain conditions of the offer of employment but does not constitute a contract. Any previous experience to be counted toward a faculty member's time in rank may be negotiated prior to the offer and will be documented in the letter of offer. Any modifications to the letter must be in writing and agreed to by both parties.

(10) "Notification of Appointment" is a written letter issued to all new affiliated faculty upon final approval of their appointment by the university board of trustees confirming faculty member's rank, academic department in which rank is held, and the effective date of the appointment.

(11) "Other Academic Organizational Units" of the colleges and university (centers and institutes) may be established to further their missions and objectives. College units shall be reviewed at least every seven years by an ad hoc committee appointed by the dean or designee. The university units shall be reviewed every seven years by an ad hoc committee appointed by the president or designee.

(12) "Salaried Faculty" are tenured, tenure track or non-tenure track faculty members that are full-time, part-time or co-funded and whose primary role is as faculty.

(13) "Shared Governance" is a partnership between administrators and faculty which is based on mutual respect and collaboration. The core principles of shared governance include collegiality, collaboration, transparency, representative participation, mutual accountability, clarity of roles and responsibilities, and civility.

(14) "Standing Committees of the University." Standing committees are permanent committees intended to fulfill certain obligations of the university and are appointed to deal with a specified subject which promotes the university's purpose.

(15) "Tenure" is the commitment of a given college of the university to a faculty member for continuous and ongoing faculty appointment that provides protection against involuntary suspension, discharge or termination except for financial exigency or just cause. Tenure ceases upon the faculty member's voluntary or involuntary termination, retirement or death. Tenure is a privilege and not a right.

(16) "Tenure Track Position" is a full-time salaried faculty appointment that includes the eligibility to apply for tenure. The appointment to a tenure track position is set forth in the letter of offer.

(17) "Tolling" is the suspension of the time period (granted in year-long increments) that comprises a tenure track faculty member's probationary period and for which there is no expectation of productivity. Tolling of the probationary period must be requested by the faculty member and approved by the department chair and the dean of the respective college. Any such suspension of time will not be counted toward the probationary period.

(18) "University" is a free-standing, state supported medical university organized under the authority created by section 3350.10 of the Revised Code and the powers vested in the board. The university is organized into colleges and other administrative units as are necessary to support its mission.

(D) The president:

(1) Is the chief executive academic officer of the university and shall:

(a) Be ultimately responsible for the overall administration and operation of the university and the highest authority on university rule, only subject to the authority of the board;

(b) Lead the university in fostering and promoting education, research, scholarship, and service;

(c) Enforce the rules, policies and procedures of the university;

(d) Serve as an ex-officio member of all standing committees of the university;

(e) Be the chief spokesperson for the university and as such be responsible for all the external relations and communications of the university.

(f) Recommend all appointments, reappointments, promotions and the conferral of tenure upon qualified faculty to the board;

(g) Possess the requisite authority, as delegated by the board, to appoint such administrative and professional staff; and

(h) Confer all degrees on all candidates for graduation, upon the recommendation of the dean and the faculty of the respective colleges and preside at commencement and other appropriate academic occasions.

(i) Where appropriate, delegate or remove the authority or responsibility to member(s) of the faculty or staff of the university;

(j) At his/her discretion, appoint, evaluate or remove senior level administrators and senior level academic officers;

(k) Deploy university resources to meet the university's mission and carry out the university's strategic plan; and

(l) Designate a member of the university's senior administration to be responsible for the affairs of the university in his/her absence.

(2) The president is hereby clothed with the requisite authority to carry out all the duties and responsibilities as set forth herein as well as such duties and responsibilities as may be delegated by the board.

(E) The vice-president for academic affairs ("VPAA"):

(1) Has been delegated the authority and responsibility by the president to act as the chief academic officer for the university and reports to and serves at the pleasure of the president;

(2) In consultation with the deans of the respective colleges, guides the establishment of the overall direction for the university's academic programs;

(3) Oversees programs and services that support the academic enterprise of the university;

(4) Has the prerogative to serve as an ex-officio, non-voting member of any academic committee to which he/she is not specifically assigned;

(5) In consultation with the deans of the respective colleges, establishes university academic policies and priorities; and,

(6) Represents the university academic administration externally to various stakeholders.

(F) The vice-president for health affairs ("VPHA"):

(1) Has been delegated the authority and responsibility by the president to act as the chief health affairs officer for the university, reports to and serves at the pleasure of the president;

(2) Has the prerogative to serve as an ex-officio, non-voting member of any clinical or health affairs related committee to which he/she is not specifically assigned;

(3) Is responsible for oversight of the general health and wellness initiatives of the university; and,

(4) In consultation with the deans, is responsible for cultivating and enhancing the university's relationships with affiliated hospitals and other clinical partners to positively impact the university's health professions education, medical research and the university's healthcare and clinical strategic initiatives.

(G) Vice-president for research ("VP for Research"):

(1) Has been delegated the authority and responsibility by the president to act as the chief research officer for the university and reports to and serves at the pleasure of the president;

(2) In consultation with the deans, is responsible for providing leadership and direction in the development and implementation of all university research activities and the infrastructure and research facilities that support them;

(3) Has the prerogative to serve as an ex-officio, non-voting member of any research committee to which he/she is not specifically assigned; and,

(4) Identifies opportunities to enhance fundamental, translational and clinical research in the biomedical sciences, fosters innovation and excellence in research, and oversees the activities of the REDIzone.

(H) The dean:

(1) Serves as the chief academic and executive officer of a college and reports to and serves at the pleasure of the president;

(2) Possesses the authority and responsibility to:

(a) Provide active leadership for the education, research, scholarship, and service programs of the college in accordance with the mission and strategic plans of the college and the university;

(b) Develop and implement vision and mission statements and strategic plans for the college that are aligned with the mission statement and strategic plans of the university;

(c) Administer the resources of the college in support of the mission of the college and its strategic plan;

(d) Assess, facilitate, oversee and evaluate all education, research and service programs of the college;

(e) Maintain applicable college accreditation;

(f) Initiate and maintain a system for faculty development;

(g) In consultation with the "VPAA," support the academic enterprise of the college.

(h) In consultation with the "VPHA," support relationships with the college's clinical partners including, but not limited to, hospitals, health departments, pharmacies and affiliated faculty and other community clinical resources;

(i) In consultation with the vice present for research, facilitate, develop and oversees all research activities of the college;

(j) Promotes collaboration and interdisciplinary programs between the colleges;

(k) Appoint, evaluate and remove such assistant and associate deans, department chairs, and other personnel needed to carry out the mission and strategic plans of the college;

(l) Determine, upon the advice and recommendation of the faculty, those students who are qualified for graduation and transmit those recommendations to the president for consideration by the board;

(m) Recommending appointment, reappointment, promotion and conferral of tenure upon qualified candidates to the president; and

(n) Serve as an ex-officio member of all standing committees of the college.

(3) The dean may delegate the responsibility and the requisite authority to carry out the above described duties to other appropriate college faculty and academic administrators.

(I) Department chair:

(1) Serves as the chief academic and executive officer of an academic department and reports to and serves at the pleasure of the college dean;

(2) Has primary responsibility and authority to direct the overall operation of an academic department within a college in accordance with the vision, mission and strategic plans of the college and the university;

(3) Is responsible for the development, operation and evaluation of the education, research, scholarship and service programs of the department;

(4) Assists in the development of annual goals and objectives, provides career counseling and mentoring and conducts annual evaluations of department faculty to promote optimal professional development;

(5) Administers the department budget and allocates space within the department;

(6) Recommends appointments, reappointments, promotions and changes in faculty status, leaves and dismissals in accordance with faculty rules.

(7) Department chairs may establish subunits within the department with the approval of the dean.

(J) Faculty

(1) Include all persons who hold the rank of professor, associate professor, assistant professor and instructor, whether the title is qualified or not. Each college may authorize the creation of other ranks and titles for faculty within the college and criteria for appointment, promotion and tenure as described in appendix A to the respective college rules. Titles of distinction include, but are not limited to, distinguished and emeritus. Upon the recommendation of the university faculty council, the university may authorize the creation of other ranks and titles of distinction within the university;

(2) Rights and responsibilities

The university sustains a community of faculty whose members are engaged in education, discovery, evaluation, and the transmission and extension of knowledge. Faculty:

(a) Have academic freedom regardless of their tenure status;

(b) Have the authority and responsibility to establish academic rule to govern the education, research, scholarship and service activities of the college, subject to the final authority of the dean;

(c) Subscribe to the highest standards of education, research, scholarship, service and professional integrity;

(d) Endeavor to perform at the highest level of professional proficiency throughout the period of their appointment;

(e) Subscribe to the highest standards of conduct and ethical behavior including, but not limited to, honesty, integrity and civility (these standards are embodied in the university faculty code of professional conduct);

(f) Are entitled to academic freedom in the conduct of education, research and publication of results, subject to the adequate performance of their academic obligations.

(3) In speaking or writing, the faculty shall be responsible and accurate. As scholars and educators, faculty members should remember that the public may judge their profession, college and the university by their public statements. When faculty speak or write as private citizens with no indication of college or university affiliation, they shall be free from college or university censorship and discipline.

(K) Faculty committees

(1) Are established by the university and respective colleges to ensure that faculty can share in the academic decision-making and governance of the university and its respective colleges;

(2) Assure a faculty voice in academic matters such as faculty appointments, promotions, and tenure; a college's curriculum; student admissions, promotions, requirements for graduation; and to ensure a faculty voice in decision-making pertaining to academic matters.

(3) The university and its respective colleges may establish standing committees and ad hoc committees, councils, task forces or other bodies.

(4) The standing committees of the university include:

(a) University rules committee;

(b) University faculty council;

(c) University mental health committee;

(d) University nominating and membership committee;

(e) University scholarships and awards committee;

(f) University student accessibility services committee;

(g) University tenure and promotion committee.

(5) Each standing committee shall have a statement of purpose, functions and responsibilities. Appendix G to respective university rules provide a description of membership composition, voting status, quorum requirements, terms of service and any limit on the terms of service, and other matters as appropriate to promote the proper functioning of the committee;

(6) Each college may establish and maintains its own standing and ad hoc committees as necessary to promote the purposes, mission and values of the college.

(L) College faculty committees

(1) Purpose

Each college shall establish appropriate committees that will promote shared governance between the faculty and the administrative officers of the college. These committees shall provide a forum for faculty to:

(a) Review and vote on strategic and substantial rule changes within the college;

(b) Advise the dean and other administrative officers on matters significant to the academic programs of the college including, but not limited to: admissions; curriculum; and faculty appointment, promotion and tenure;

(c) Be informed of pertinent activities of the college;

(d) Review and discuss rule changes which will impact the college and certify recommended changes to the university rules committee; and,

(e) Consider any other matters referred to it by the dean.

(M) Tenure

(1) Given the complexity of the colleges and the great diversity of talent within them it is imperative that various kinds of academic work be recognized through a broad vision of scholarship. Scholarship includes, but is not limited to, the scholarship of discovery, integration, application and teaching. Scholarship of discovery is understood to include the traditional science of inquiry, investigation and experimentation, commonly known as research. Scholarship and research may also include participation in clinical trials and commercialization, patent and technology transfer activities. Such work may be supportive for promotion decisions and weigh importantly in tenure decisions. While clinical care is insufficient alone to merit promotion or tenure, clinical innovation and improvement activities done in a scholarly manner and acknowledged to be of regional, national or international importance are important indicators of distinction and merit consideration. Regardless of the type of scholarship, it should possess the quality of excellence, be peer-reviewed and be disseminated in the public domain.

(2) Herein are defined the basic tenets of appointment, promotion and tenure. The university has specific guidelines for the appointment, promotion and tenure of faculty that are consistent with these basic tenets and are set forth in the appendices.

(3) Tenure-track faculty

(a) Appointments

(i) Appointments are based on the potential for and evidence of academic accomplishment.

(ii) Recommendations for appointment shall originate with the department chair in accordance with these rules and its appendices.

(iii) Procedures for appointment shall be set forth in an appendix.

(iv) The letter of offer, and any amendments thereto, shall set forth the terms of the appointment.

(b) Probationary period

(i) The total probationary period shall not exceed seven years unless a leave of absence is granted to the individual, an extension as provided herein is granted, or there is a tolling of the probationary period. Time spent on a leave of absence will not count as probationary period service.

(ii) At the request of a faculty member and with the concurrence of the department chair, the dean may grant an extension of the faculty member's probationary period up to a maximum of three years.

(iii) Faculty appointments may be terminated before the end of the probationary period. However, the faculty member will receive notice of non-reappointment no later than six months prior to the beginning of the next academic year.

(c) Tenure and promotion

(i) Tenure is a privilege of eligible faculty, not a right.

(ii) Only faculty members appointed to the tenure track are eligible to be considered for tenure.

(iii) The granting of tenure is a commitment of a college. Tenure assists respective colleges in attracting and retaining faculty of high quality. The creation of a tenure-track position necessitates an assessment of college needs and a commitment of college resources. Documented evidence necessary for justifying the institutional commitment of the granting of tenure is set forth in appendix B to rule 3349-3-01 of the Administrative Code - appointment, promotion and tenure rules.

(d) Post-tenure review

A tenured faculty member who receives two unsatisfactory annual performance reviews by the department chair in a four-year period will be required to undergo a comprehensive post-tenure review as set forth in appendix B to rule 3349-3-01 of the Administrative Code.

(4) Nontenure-track faculty

(a) Appointments

(i) Appointments are based on potential for, or evidence of, academic accomplishment.

(ii) Recommendations for appointment shall originate with the department chair in accordance with these rules and its appendices.

(iii) Procedures for appointment are set forth in appendix A for the colleges of medicine and pharmacy and appendix H for the college of graduate studies.

(iv) The letter of offer or notification of appointment, and any amendments thereto, shall set forth the terms of the appointment.

(b) Promotion

(i) A faculty member may be eligible for promotion to a higher rank in accordance with the requirements set forth in appendix A for the colleges of medicine and pharmacy.

(ii) The criteria for promotion include contributions to the educational programs of the college, research and scholarly activity, professional standing and service to the college.

(iii) Additional terms and conditions for promotion may be set forth in a faculty member's letter of offer or notification of appointment.

(c) Reappointments

A faculty member will be considered for reappointment in accordance with the requirements set forth in appendix A for the colleges of medicine and pharmacy and appendix H for the college of graduate studies.

(5) Annual performance review of faculty

(a) Annual performance reviews of salaried faculty will be conducted by the faculty member's department chair in order to ensure the fulfillment of their education, research, and service obligations to the college and the university and to promote optimal and continued professional growth and development.

(b) The focus of the annual performance review is a review of the faculty member's performance in the areas in which he/she has assigned duties and responsibilities. Such areas include, but are not limited to, education, research, service, commercialization of university research and administration, if applicable. The evaluation will rate the faculty member's performance in accordance with an established rubric and process.

(c) Consequences of an unsatisfactory annual performance review

(i) The initial consequence of an unsatisfactory annual performance review will be the initiation of a faculty development plan by the department chair to remediate the deficiency or deficiencies. The remediation will include milestones and regular intervals for reviews of progress toward remediating deficiencies. Progress shall be evaluated at the next annual performance review. If another unsatisfactory annual performance review occurs, the consequences may include the faculty member's loss of university laboratory space, denial of salary increases or one-time payout, or sanctions as set forth in rules.

(ii) A faculty member may challenge an unsatisfactory annual performance review in accordance with the university faculty grievance rule and procedures as set for in appendix E.

(N) University title of distinction: distinguished university professor

(1) The title of distinguished university professor is a non-salaried designation that may be conferred by the university, from time to time, on individuals who have demonstrated extraordinary achievement as university faculty members. This represents the highest honor that the university can confer on a faculty member and will only be awarded for truly exceptional contributions.

(2) Only full professors will be eligible for consideration. candidates must meet the following criteria to be recommended for consideration:

(a) Documented evidence of sustained excellence in education at university;

(b) A protracted record of distinguished scholarship spanning at least a decade;

(c) Evidence of extraordinary academic achievement that has been formally recognized by an authoritative national or international body; and,

(d) Documentation from appropriate individuals external to university that the candidate is a premier contributor to his or her discipline or field of study.

(3) Nominations for the title of distinguished university professor may originate from a department chair, dean of a college, or the president.

(4) The nomination and supporting documentation will be forwarded to the president who will convene an ad hoc committee of three to five faculty members who hold the rank of full professor to consider the merits of individuals recommended for the title. At the discretion of the president, one of the committee members may be a senior faculty member at another institution of higher education or research institute.

(5) The ad hoc committee will make positive recommendations to the president for consideration.

(6) If approved by the president, the nomination will be forwarded to the board of trustees for consideration.

(O) Sanctions and dismissal of faculty for just cause

A faculty member may be sanctioned or dismissed for just cause in accordance with appendix D.

(P) Amendments

(1) Rules

(a) No amendment to this rule may be made which is inconsistent with existing federal or state authority or university rule.

(b) The university rules committee reviews proposed amendments and revisions to current faculty policies and rules and solicits input and recommendations from the deans of the colleges and the university faculty council and recommends their approval to the "VPAA." The committee initiates amendments to existing faculty policies, rules and appendices as needed.

(c) Recommendations for amendments to this rule shall be made by the university rules committee to the "VPAA" who will forward final amendments to the president.

(d) The president shall submit positive recommendations for amendments to the board for approval. Amendments become effective upon approval by the board. Approved amendments shall be codified, filed and posted by the university general counsel.

(2) Rule appendices

(a) Appendices may elaborate, clarify or add further detail to this rule.

(b) Appendices must be consistent with this rule, university rule, and any federal or state authority. Amendments are initiated and vetted by the university rules committee and vetted with appropriate constituents.

(c) Recommended amendments to the appendices shall be made by the university rules committee to the "VPAA" who reviews and approves as appropriate. Amendments will be effective upon such approval and will be codified and posted by the university general counsel.

(3) Codification and posting

(a) When amendments are approved, they must be forwarded to the university general counsel.

(b) University general counsel will notify the office of the "VPAA" when such amendments have been codified, posted, and filed, if appropriate.

Last updated December 1, 2023 at 4:23 PM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 8/12/2013

Rule 3349-3-02 | Emeritus status.

• Effective: December 30, 2019
• Promulgated Under: 111.15

(A) Purpose

Emeritus status recognizes university faculty and professional senior administrative staff who have provided meritorious service to the university and have retired. The university recognizes the potential of emeritus faculty and senior administrators as a continuing valuable resource and is committed to fostering an active ongoing relationship with them through an extended academic appointment. Where possible, an emeritus faculty or professional senior administrative staff member will continue to contribute to the university community as appropriate.

(B) Scope

A candidate for emeritus status will have demonstrated leadership and wisdom, will have given dedicated and distinguished service to one or more of the colleges and/or the university for a minimum of ten years and, for faculty, have attained the rank of associate professor. Exceptions to the ten years and associate professor requirements may be made by the dean, president, or chair of the board of trustees for a faculty member who has made an outstanding contribution to the university during a briefer period of service or holds a rank below associate professor.

(C) Definition

"Emeritus." Non-salaried designation of distinction conferred by the board of trustees upon a retired member of the faculty or professional senior administrative staff who has given continued, dedicated and distinguished service to one or more of the colleges and/or the university.

(D) Rule statement

(1) Criteria

(a) Any faculty member or professional senior administrative staff member with a minimum of five years' service may be nominated for emeritus status upon retirement from active service to the one or more of the colleges and/or the university.

(b) Those persons who may be nominated for emeritus status must have initiated their retirement from ongoing active service to one or more of the colleges and/or the university.

(c) Consideration will be given to those individuals who, by the possession of emeritus status, will continue their advocacy for one or more of the colleges and/or the university and be willing to represent and serve one or more of the colleges and/or the university on special occasions.

(2) Procedures for nomination and selection

(a) The award of emeritus status is meritorious and thus expected to be limited in number.

(b) A candidate may be nominated by his/her department chair, dean, president or chair of the board of trustees (as noted below).

(i) Faculty are nominated by the department chair after discussion with the dean. The dean must approve faculty nominations.

(ii) A department chair or associate dean will be nominated by the dean.

(iii) A dean or professional senior administrative staff will be nominated by the president.

(iv) A president will be nominated by the board of trustees chair.

(c) Except in the case of a board of trustees' nomination, the nominator must submit a current cv for the nominee and a letter of recommendation supporting:

(i) The nominee's qualifications in meeting the minimum criteria; and

(ii) Three supporting letters of reference from other constituents, obtained by the nominator.

(d) The completed nomination packet (including any and all letters, even of the advisory committee should one be established) should be forwarded (electronically) to the office of the VPAA.

(e) The VPAA will confirm that the materials are complete and will present the materials to the president.

(f) The dean may choose to interview the faculty candidate and must approve the candidate before submission.

(g) The designation of emeritus status is recommended by the president or board of trustees' chair and awarded by formal resolution of the board of trustees.

(h) The candidate will be notified of the board of trustees' approval and will be provided a copy of the board of trustees' resolution.

(3) Rights, responsibilities and privileges

(a) Individuals with emeritus status are expected to comply with all the policies, regulations and rules as stated in the appropriate university handbooks.

(b) Contact the office of the VPAA for a complete listing of all rights, responsibilities and privileges.

(4) Utilization of college resources by a faculty member holding a title of distinction will be individually determined by the department chair with the concurrence of the dean and president.

Last updated September 15, 2023 at 1:52 PM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-20 | Use of tenured or tenure track faculty start-up funds.

• Effective: July 5, 2019
• Promulgated Under: 111.15

(A) Purpose

The rule defines expectations for expending start-up funds that are designated in the letter of offer to newly hired tenured or tenure track faculty. Start-up funds are designed to provide tenured or tenure track faculty with the necessary resources to establish an environment and supported platform for research and scholarly productivity with the expectation that doing so leads to future success for the faculty member in obtaining extramural funding. The use of start-up funds is based upon the development of an expenditure budget which is mutually agreed upon by the new hire and his/her department chair.

(B) Scope

The rule applies to Northeast Ohio medical university (NEOMED) tenured or tenure track faculty appointed after March 31, 2019 who are eligible to receive start-up funds specified in the letter of offer.

(C) Definitions

(1) "College" is a term used within the rule that refers to the college of medicine or college of pharmacy, which are the two colleges of the university in which a faculty member may be granted tenure.

(2) "Faculty start-up funds" refer to funds allocated by the university/colleges/departments to newly hired tenured or tenure track faculty which are designed to provide the faculty member with the financial resources necessary to build successful research and scholarly activity at NEOMED and which use contributes to positioning that faculty member for the generation of extramural funding.

(3) "Letter of offer" is a document initiated by a given college dean that sets forth certain terms and conditions of employment but does not constitute a contract. The letter of offer should include a clear description of the start-up funds and the start-up fund period (see the following definitions).

Any modifications to the letter must be in writing and signed by the dean of the respective college that initiated the appointment, the faculty member's department chair and the affected faculty member.

(4) "Qualifying expenses" may be costs incurred for laboratory supplies and equipment, salaries for technical, laboratory or support staff, research-related travel, publication fees, technical software, and other similar items and resources.

(5) "Start-up funds" or "start-up funds expenditure budget" refers to an approved plan for the distribution and allocation of start-up dollars over time developed by the new faculty member and his/her department chair to ensure the sensible and timely use of available funds.

(6) "Start-up fund period" refers to the timeframe by which start-up funds must be expended.

(7) "Tenure" is the commitment of a college to a faculty member for continuous and ongoing faculty appointment that provides protection against involuntary suspension, discharge or termination except for financial exigency or just cause. Tenure is a privilege and not a right.

(8) "Tenure track faculty" are full-time salaried faculty with appointments that include the eligibility to apply for tenure. The faculty appointment to the tenure track is set forth in the letter of offer.

(D) Rule statement

(1) The rule applies to the expenditure of start-up funds specified in the letter of offer upon the hiring of the new faculty member.

(a) In accordance with the provisions of the letter of offer, the faculty member and the chair will develop a start-up fund expenditure budget for the use of the allocated start-up funds.

(b) The negotiation of the amount of start-up funds available is between the prospective faculty member, his/her department chair, and the college dean and is outside the scope of the rule.

(c) While non-tenure track salaried faculty may be awarded professional development funds at the time of hire, the expectations for use of those funds, including associated timeframes, is beyond the scope of the rule. A newly hired non-tenure track faculty member should seek guidance from his/her department chair with respect to the use of such funds.

(2) Planned expenditures from the start-up fund expenditure budget must be qualifying expenses. The use of start-up funds must be made using established university accounting and purchasing practices and procedures.

(3) The start-up fund expenditure budget will be approved by the department chair of the faculty member and may be reviewed in consultation with the dean. Following approval of the start-up fund expenditure budget, the use of start-up funds may commence.

(4) It is understood that there may be alterations in budgetary expenditures from the original start-up fund expenditure budget given the dynamic nature of research and scholarship. It is the expectation that review of start-up fund expenditures will occur annually at the faculty member's annual performance review and will align with the career advancement strategy for that faculty member.

(5) Items purchased with start-up funds are property of NEOMED and are intended for professional use by the faculty member and/or his/her department. Items purchased with start-up funds will remain with the department upon the departure of the faculty member from NEOMED unless the department chair approves an exception.

(6) It is expected that the start-up funds allocated to newly hired senior-level faculty (i.e., associate professors or professors) will be fully expended within three years from the date of hire. The senior-level faculty member can request a two-year extension for the use of such funds, which would require the approval of the department chair. All start-up funds for senior-level faculty must be expended no later than five years from the original date of hire.

(7) It is expected that the start-up funds allocated to junior faculty (i.e., assistant professors) will be fully expended according to a timeline that is incorporated into the start-up fund expenditure budget as approved by the department chair but not to exceed five years from the date of hire. In extenuating circumstances, a junior faculty member may request a two-year extension for the use of such funds, which would require the approval of the department chair.

(8) At the end of the start-up fund period, any funds remaining in the start-up budget index will be returned proportionally to all original funding sources.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-22 | Appendix A college of medicine procedures for the appointment, promotion, and reappointment of non-tenure track faculty.

• Effective: February 5, 2024
• Promulgated Under: 111.15

(A) Definitions

(1) "Affiliated Faculty" refers to a non-tenure track faculty member who is non-salaried by NEOMED, or whose primary role at NEOMED is not as a faculty member.

(2) "Board Certification" refers to certification maintained by a physician in accordance with the requirements of the American board of medical specialties or the American osteopathic association.

(3) "Candidate" refers to an applicant for appointment or promotion who has satisfied the training and experience requirements, and, if required, certification as defined by the American board of medical specialties or the American osteopathic association. A candidate is responsible for providing evidence of active licensure and for informing the college of any changes in licensure or actions against the candidate's license, if necessary to perform the faculty role.

(4) "Clinical" refers to a prefix which is used for faculty engaged in patient care whose primary academic activity consists of educating students and residents. This prefix will be inserted immediately prior to the name of the department in the academic title.

(5) "Clinical departments" refer to those departments where clinical care is rendered and is so designated by the dean.

(6) "College" refers to the college of medicine.

(7) "Department chair" serves as the chief academic and executive officer of an academic department at NEOMED and reports to and serves at the pleasure of the college dean.

(8) "Departments" refer to the academic units of a college. The faculty may be organized into departments that are supportive of, and consistent with, the mission of the respective college and the university. Departments may be established, changed, or eliminated by the dean after consultation with faculty and the provost. Departments may adopt written procedures to govern internal operations and carry out their departmental missions. Such procedures shall be consistent with university rules and procedures, the university faculty rules, and adopted procedural appendices.

(9) "Dossier" refers to a file containing the NEOMED-employed faculty member's documents submitted for consideration for promotion.

(10) "Educator" refers to faculty on the educator pathway who place primary importance on the education of college of medicine students. All college of medicine faculty strive for excellence in teaching, scholarship, and service. While contributions to scholarship and service are goals of all college of medicine faculty, they may play a lesser role in the portfolio of faculty on the educator pathway.

(11) "Faculty appointment" refers to full-time, part-time or affiliated faculty. Definitions used to designate a faculty member's appointment conform to current liaison committee on medical education (LCME) accreditation guidelines.

(12) "Investigator" refers to faculty on the investigator pathway who demonstrate both interest and achievement in scholarship at a level that increases with increasing rank. Additionally, faculty on the investigatory pathway must contribute to the education of college of medicine students and service to the college of medicine. All college of medicine faculty strive for excellence in teaching, scholarship, and service.

(13) "Joint faculty appointment" or "Joint Appointment" refers to non-tenured track appointments that are awarded to faculty who already hold an academic appointment within the university.

(14) "Letter of offer" refers to the a document initiated by the college that sets forth the conditions of employment. Any previous experience to be counted toward a faculty member's time in rank may be negotiated prior to the offer and will be documented in the letter of offer. Any modifications to the letter of offer must be in writing and agreed to by both parties.

(15) "Limited faculty appointment" or "limited appointment" refers to appointments for faculty whose academic contributions to the college are limited in time or scope and carry the prefix "adjunct," "research," or "visiting."

(16) "Non-tenure track position" refers to a faculty appointment that is not eligible to apply for tenure.

(17) "Notice of non-reappointment" refers to a written notification from the dean that the college intends to terminate a faculty member's appointment at a specified time.

(18) "Notification of appointment" refers to the document issued to all new affiliated faculty upon final approval of their appointment by the NEOMED board of trustees confirming the faculty member's rank, academic department in which rank is held, and the effective date of the appointment.

(B) Academic appointments

(1) The following academic ranks have been established for non-tenure track faculty:

(a) Professor;

(b) Associate professor;

(c) Assistant professor; and

(d) Instructor

(2) Designation of academic title

Academic titles include the academic rank and department designation. Academic rank shall not include other qualifiers except as indicated for limited, joint, resident and fellow appointments and titles of distinction.

(3) Limited appointments

The following appointments may be awarded to persons whose academic contributions to the college are limited in time or scope as determined by the department chair in which the candidate is seeking appointment. The department chair will make the determination about a limited versus a primary appointment.

(a) Adjunct appointments are for candidates whose academic contributions to the college are primarily teaching and for whom another category of appointment is not appropriate. The prefix "adjunct" is added to the rank..

(b) Research appointments are for candidates whose contributions to the college are primarily investigational. The prefix "research" is added to the rank.

(c) Visiting appointments are for candidates from other universities who are temporarily involved in the programs of the college of medicine. The prefix "visiting" is added to the rank.

(4) Joint appointments

(a) These appointments may be awarded to candidates who hold an academic appointment within the university.

(b) Joint appointments may be made only when a candidate participates in teaching or research in a department other than their primary department to a significant degree and extended duration.

(c) Joint appointments require the concurrence of both department chairs.

(d) The joint appointment will ordinarily be at the same level as the appointment held in the primary department.

(e) An application for promotion will always be initiated through the candidate's primary department.

(f) Promotion for a candidate holding a joint appointment shall require the review and recommendation by both department chairs to the non-tenure track faculty appointment and promotions committee ("faculty appointment and promotions committee").

(5) Resident or fellow appointments

Any resident or fellow who teaches medical students may be eligible for rank as clinical instructor. This appointment will automatically terminate upon the completion of the training program of the department in which the rank is awarded.

(6) Appointments solely within the purview of the dean

Recommendations for appointment in the following categories are typically reviewed and approved solely by the dean who may, at his/her discretion, request review by the faculty appointments and promotions committee. Recommendations are forwarded to the office of the provost, and to the president for formal transmission to the board of trustees for ratification.

(a) Visiting appointments, if the recommended rank is consistent with the candidate's qualifications or appointment at another accredited university of higher education;

(b) Adjunct or research appointments, if the recommended rank is consistent with the candidate's appointment at another accredited university of higher education;

(c) Appointments at the entry level, including instructor for both educator and investigator pathways and assistant professor for the educator pathway; and

(d) In exceptional circumstances, at the request of the department chair, the dean in consultation with the chair of the appointments and promotions committee, may approve affiliated faculty member appointments at ranks higher than entry level in either pathway. The dean will forward the appointment to the office of the provost and to the president for formal transmission to the board of trustees for ratification.

(C) Titles of distinction

The university may confer titles of distinction including "emeritus" and "distinguished" for qualified faculty in accordance with the university faculty rules and emeritus status rules.

(D) Basic principles for appointment and promotion

(1) Appointment

(a) Appointment to the faculty is a privilege, not a right. Initial appointment is primarily based upon past performance with an expectation of continued contribution. Faculty appointments will terminate when the faculty member no longer contributes to the education, research, or service of the college.

(b) The candidate has the right to a full, impartial and confidential review of the credentials submitted.

(c) Faculty are expected to contribute to the teaching, scholarship, and/or service programs of the college in a manner consistent with the mission of the respective department and, if applicable, in accordance with the faculty member's letter of offer.

(d) Considerations for faculty appointment include, but are not limited to:

(i) Completion of a written application submitted by a candidate for appointment with documents that the candidate has met the criteria;

(ii) Possession of an appropriate terminal degree or exceptions as justified by the candidate's department chair;

(iii) Expertise in an appropriate academic field and evidence of dedication to continuing advancement of this field of knowledge;

(iv) Ability and dedication as an effective teacher;

(v) Creativity and competence in an appropriate field of research and scholarship;

(vi) Ability to assume responsibility for professional services and administration of health and/or academic services; and

(vii) Professional performance consistent with NEOMED's faculty code of conduct.

(e) All recommendations for a faculty appointment are forwarded to the board of trustees for final approval. A non-tenure-track appointment is made with the expectation that it will continue until notice is given by either the candidate or the college in accordance with the university faculty rules, rules and procedures.

(f) Faculty holding an appointment from another institution will be considered for appointment at the same rank within the college.

(2) Promotion

(a) Promotion may be made only after the minimum time in rank and contributions commensurate with the higher rank have been achieved. The faculty appointments and promotions committee will consider any specific exceptions or requirements set forth in the faculty member's letter of offer, if applicable, or amendments thereto.

(b) There is no requirement that a faculty be promoted after a given period of service in order to achieve a given rank.

(c) In evaluating the candidate's performance, the weighting of the evaluation areas may vary. Consideration will be given to the mission of the department and the demands of the appropriate discipline. Both the quality and quantity of the individual's contribution will be taken into consideration.

(E) Time in rank

(1) Instructor to assistant professor

(a) For physicians, the attainment of board certification satisfies the minimum requirement for "time in rank" for promotion from instructor to assistant professor.

(b) For non-physicians, the attainment of a terminal degree will satisfy the minimum "time in rank" for promotion from instructor to assistant professor.

(2) Assistant professor to associate professor

(a) The minimum time in rank prior to consideration for promotion to associate professor is five years. Only in exceptional circumstances, if recommended and justified in writing by the department chair and approved by the dean, may a candidate be considered prior to that time.

(b) For NEOMED-employed faculty, prior service may be counted toward the time in rank requirement if specified in the letter of offer or an amendment thereto.

(c) For affiliated faculty, prior service may be counted toward the time in rank requirement if supported by the NEOMED department chair and approved by the dean in writing at the time of application for promotion.

(3) Associate professor to professor

(a) The minimum time in rank prior to consideration for promotion to professor is seven years. Only in exceptional circumstances, if recommended, and justified in writing by the department chair and approved by the dean, may a candidate be considered prior to that time.

(b) Prior service may be counted toward this requirement if supported by the department chair and approved by the dean.

(4) Upon the recommendation of the department chair and with the concurrence of the dean, exceptions to the considerations outlined herein may be granted.

(F) Standards and documentation for non-tenure track faculty

(1) The teaching standard

(a) Teaching is a central mission of the college of medicine. The faculty member must demonstrate proficiency in presenting concepts and information in teaching, problem solving, modeling professional behavior, contributing to innovative curriculum, and teaching initiatives, and engagement in nationally or internationally prominent educational activities.

(b) Documentation supporting the teaching standard

(i) Faculty members must carry out educational activities overseen by the department chair or appropriate supervising authority. Teaching of NEOMED students and postdoctoral trainees (e.g., residents and fellows) will be of primary importance.

(ii) Teaching peers and other health professionals in college sponsored programs is recognized as a contribution to the educational program of the college. These activities include, but are not limited to, formal continuing education programs, scientific seminars, workshops, and conferences.

(iii) Educational activities include, but are not limited to: presentation of lectures and tutorials, simulation training, hands-on workshops small group teaching, curriculum planning and meetings, direction of a course, clerkship, or elective, clinical precepting, preparation of syllabi, course, and examination materials, evaluation of students, academic advising, career counseling, tutoring, teaching review sessions, remediation, collaborative work with other faculty curriculum assessment, instruction, assessment or observation of faculty teaching or precepting, and obtaining external funding for educational activities. Teaching formats may be live or virtual and synchronous or asynchronous.

(iv) The extent and effectiveness of educational accomplishments will be evaluated through review of relevant evidence.

(2) The research and scholarly accomplishments standard

(a) Research and scholarly activities are central to the mission of the university and the college of medicine. Given the complexity of the university and its component colleges, and the great diversity of talent within, it is imperative that various kinds of academic work be recognized through a broad vision of scholarship.

(i) Scholarship includes, but is not limited to, the dissemination of knowledge acquired through discovery, integration, application, and teaching. Research is understood to include the traditional science of inquiry, investigation, and experimentation. Scholarship and research may also include participation in clinical trials and commercialization, patent, and technology transfer activities. Such work may be primarily supportive for promotion decisions and weigh importantly in tenure decisions. While clinical care is insufficient alone to merit promotion or tenure, clinical innovation and improvement activities done in a scholarly manner and acknowledged to be of regional or national importance are important indicators of distinction and merit consideration. Regardless of the type of scholarship, it should possess the quality of excellence, be peer-reviewed and be disseminated in the public domain.

(ii) Creative scholarly activity includes both original research resulting from investigative work or other peer reviewed contributions to the professional and scientific literature. Faculty shall conduct original research and other scholarly activity. The hallmark of creative scholarly activity lies in the peer reviewed "written" word. Written work which is not peer reviewed may support a faculty member's application or dossier, but by itself is insufficient evidence of excellence in scholarly activity. Oral presentations or poster presentations may enhance a faculty member's dossier but are insufficient evidence of proficiency or excellence in scholarly activity.

(iii) Faculty shall conduct research and other creative scholarly activity that clearly demonstrates high quality and conforms to the highest ethical and legal standards. Quality is stressed over quantity.

(iv) Scholarship benchmarks may differ from one field to another. The benchmarks should be consistent with the applicants discipline as judged by an external reviewer.

(v) Clinical innovation and improvement performed in a scholarly fashion documented to be of regional, national, and international importance may stand as evidence of contribution to scholarship.

(b) Documentation supporting the research and scholarly accomplishments standard

(i) Research support includes financial support generated through grants, contracts, and other peer-reviewed awards.

(ii) Research collaborations include, but are not limited to, collaborations between hospital and university departments, colleges, and universities regionally, nationally, or internationally.

(iii) Research consultations include, but are not limited to, providing consultation in study design, data analysis, measurement, and evaluation.

(iv) Scholarly publications include publications in journals, books, chapters, monographs, case reports, literature reviews, abstracts, and technical reports.

Scholarly publications will be weighted and assessed in terms of quality and quantity and the candidate's role in the work. The quality of the publications will be evaluated by criteria such as: whether the publication was refereed; whether the publication was invited; the impact factor of the journal; the reputation of the book or monograph; the scope of the publication's audience; the number and nature of citations; originality, creativity and impact on the field; unsolicited independent reviews; or solicited outside professional reviews.

(v) Scholarly presentations include, but are not limited to: lectures, poster presentations or educational displays at professional meetings, colloquia, workshops, seminars and conference presentations.

(vi) Intellectual property development and activities in support of innovation and commercialization. Documentation of the development of new intellectual property including patents, conduct of clinical trials, and commercialization of university intellectual property provide additional evidence.

(vii) Innovative clinical activities supported by scholarly publications, presentations, and grant and contract activity; commercialization efforts; and clinical trial excellence.

(3) The service and leadership standard

(a) The standard

Providing service and leadership oriented to the needs of the university, college, and respected department is expected for faculty, regardless of rank and academic appointment. Service and leadership to the medical profession and community are also recognized and valued by the college.

(b) Documentation to support the leadership standard

(i) Service activities include, but are not limited to:

(a) Membership on committees, boards, councils, etc.;

(b) Professional service activities, such as service on research review committees, ad hoc research reviews, editorial board membership, editorship, editorial review, etc.;

(c) Service to the community;

(d) Service to governmental bodies on biomedical, public health, and community health topics;

(e) Planning, organizing, and implementing service projects; and

(f) Service support. This includes support for service activities generated through grants, contracts, and other sources.

(G) Appointment and promotion criteria and pathways

(1) Instructor

(a) Physicians who have completed an accreditation council for graduate medical education or American osteopathic association-approved residency or fellowship within their area of practice but have not obtained certification from the corresponding medical specialty board.

(i) Any educational activity that involves medical student or resident education.

(ii) Serving in a mentoring role of any kind is strongly encouraged.

(b) Non-physician healthcare professionals who have not attained a terminal degree.

(i) Professional or work experience appropriate to the academic contribution(s) that will be made by the appointee.

(ii) Any educational activity that involves medical student or resident education.

(iii) Serving in a mentoring role of any kind is strongly encouraged.

(2) Professional standing for appointments beyond the level of instructor

(a) Physicians board certification is required for any physician at or above the level of assistant professor. Physicians at the level of instructor who have obtained board certification may be granted the rank of assistant professor upon recommendation of the chair and approval by the dean.

(b) Notwithstanding the requirement set forth in paragraph (G)(2)(a) of this rule, a physician candidate who has retired from practice in good standing may be appointed at an appropriate level at the discretion of the dean.

(c) Non-physicians. Appointment above the rank of instructor requires approval of the department chair.

(d) Where letters of recommendation are required, the candidate will provide the NEOMED department chair with a list of referees from which the chair will select those who will provide letters of recommendation.

(3) Criteria for investigator pathway by rank level

(a) Assistant professor

Appointment at the assistant professor rank requires participation in at least one of the educational, service, and/or research and scholarly activities listed in the activities table.

(i) Service to the college of medicine, hospitals and/or health departments, or engaging in activities that promote the health of the community or the profession of medicine.

(a) For initial appointments, documented prior service at another university may be counted towards this requirement;

(b) There is an expectation of service to the college of medicine.

(ii) Educational activities must include involvement in NEOMED student, resident, or fellow education.

(iii) Serving in a mentoring role of any kind is strongly encouraged.

(b) Associate professor

Appointment at the associate professor rank requires participation in and noteworthy contributions in each of the educational, service, and/or research and scholarly categories listed in the activities table.

(i) Service to the college of medicine, hospitals and/or heath departments or engaging in activities that promote the health of the community or the profession of medicine.

(ii) Educational activities must include involvement in NEOMED student, resident, or fellow education.

(iii) Educational activities including participation at the local and regional levels, such as presentations or participation in grand rounds.

(iv) Serving in a mentoring role of any kind is strongly encouraged.

(v) A letter of recommendation is required from at least one individual not affiliated with NEOMED who is professionally qualified to render an opinion about the suitability of the candidate.

(c) Professor

Appointment at the professor rank requires noteworthy and outstanding contributions in each of the educational, service, and/or research and scholarly categories listed in the activities table.

(i) Major involvement in service to the college of medicine, committees at consortium hospitals, and/or health departments. Leadership in these committees is highly desirable.

(ii) Demonstration of professional standing in organizations appropriate to the discipline.

(iii) Educational activities must include involvement in NEOMED student, resident, or fellow education.

(iv) Educational activities must include participation at the local, regional, and national levels.

(v) Serving in a mentoring role of any kind is strongly encouraged.

(vi) Written attestation by department chair documenting educational and scholarly excellence.

(vii) Letters of recommendation from at least three individuals not affiliated with NEOMED who are professionally qualified to render an opinion about the suitability of the candidate.

(4) Criteria for educator pathway by rank level

Clinicians in the educator pathway will carry a clinical prefix prior to the departmental designation.

(a) Assistant professor

Appointment at the assistant professor rank requires participation in any of the educational activities listed in the exhibit with the following recommendations:

(i) Educational activities must include involvement in NEOMED student, resident, or fellow education.

(ii) Serving in a mentoring role of any kind is strongly encouraged.

(b) Associate professor

Appointment at the associate\professor rank requires participation and noteworthy contributions in any of the educational activities listed in the exhibit with the following recommendations:

(i) Educational activities must include involvement in NEOMED student, resident, or fellow education.

(ii) Serving in a mentoring role of any kind is strongly encouraged.

(iii) A letter of recommendation from at least one individual not affiliated with NEOMED who is professionally qualified to render an opinion about the candidates suitability.

(c) Professor

Appointment at the professor rank requires noteworthy and outstanding contributions in any of the educational activities with the following recommendations:

(i) Recognition by peers for clinical acumen, leadership in quality improvement efforts on a large scale, and regional, national, and international reputation are important elements for consideration.

(ii) Demonstration of professional standing in organizations appropriate to the discipline.

(iii) Educational activities must include involvement in NEOMED student, resident, or fellow education.

(iv) Serving in a mentoring role of any kind is strongly encouraged.

(v) Written attestation by the department chair documenting clinical and educational excellence.

(vi) Letters of recommendation from at least three individuals, two of whom are not affiliated with NEOMED, who are professionally qualified to render an opinion about the suitability of the candidate.

(H) Procedures for processing non-tenure track appointments and promotions

(1) Appointment

(a) Full-time NEOMED-employed faculty search committees

(i) Where appropriate, when a salaried, non-tenure track position has been authorized, the department chair will propose a search committee to the dean who will appoint the committee.

(ii) A duly constituted college of medicine search committee shall function as the faculty appointments and promotions committee for a candidate who is recruited through an appropriate search process.

(iii) The search committees recommendation will be forwarded for review and recommendation in sequence to the department chair, dean, provost, and to the president for formal transmission to the board of trustees for ratification.

(iv) The office of the provost designee will notify the candidate of the action of the board of trustees.

(b) Affiliated faculty or part-time NEOMED-employed faculty (no search committee)

(i) The candidate must submit a completed appointment application for non-tenure track faculty and current curriculum vitae.

(ii) The candidates application and curriculum vitae will be forwarded to the NEOMED department chair for review and recommendation of rank.

(iii) All recommendations for appointment, except those which are solely within the purview of the dean, will be forwarded to the faculty appointments and promotions committee for consideration.

(iv) The chair of the faculty appointments and promotions committee will forward all recommendations to the dean for review.

(v) The dean will forward recommendations for appointment to the office of the provost, which will forward them to the president for formal transmission to the board of trustees for ratification.

(vi) The office of the provost will notify the candidate of the action of the board of trustees.

(2) Promotion

Candidates will follow the guidelines for promotion - college of medicine annual promotion cycle timeline for non-tenure track salaried and affiliated faculty.

The candidate shall notify the department chair(s) of the intent to stand for promotion by the established deadline.

(a) NEOMED-employed faculty

A candidate primarily employed by NEOMED as a faculty member will prepare a promotion dossier for college of medicine non-tenure track faculty for their primary appointment. For secondary joint appointments, the candidate will submit the promotion application for non-tenure track faculty and current curriculum vitae.

(b) Affiliated faculty

The candidate shall submit the completed promotion application for non-tenure track faculty" and current curriculum vitae.

(c) Letters of recommendation

(i) For promotion to associate professor, two letters of recommendation will be submitted to the department chair from professionally qualified faculty members, including one who is not affiliated with NEOMED.

(ii) For promotion to professor, at least three letters of recommendation will be submitted to the department chair from professionally qualified faculty members.

(a) For the investigator pathway, all three references must be non-NEOMED affiliated.

(b) For the educator pathway, two out of the three references must be non-NEOMED affiliated.

(d) The candidate will provide the NEOMED department chair with a list of references from which the chair will select those who will provide letters of recommendation.

(e) All documents, including dossier or application and letters of recommendation must be submitted by the established deadline.

(f) The department chair will forward all documents to the faculty appointments and promotions committee with a letter of attestation.

(g) Faculty appoints and promotions committee review

(i) The chair of the faculty appointments and promotions committee will forward recommendations to the dean and copy the department chair as specified in the guidelines.

(ii) Positive recommendations by the faculty appointments and promotions committee and the dean will be forwarded to the office of the provost.

(h) Appeal of a negative decision

(i) In the case of a negative decision by the faculty appointments and promotions committee, the candidate will be notified by the dean and be advised of the process to appeal the decision.

(ii) Within ten business days after receipt of the negative decision, the candidate may appeal to the dean in writing.

(iii) The dean will review all materials submitted and may either:

(a) Overturn; or

(b) Concur with the decision of the faculty appoints and promotions committee.

(iv) The dean will inform the candidate of the decision after completing the review.

(v) If the dean overturns a decision of the faculty appointments and promotions committee, the dean will notify the committee and provide the deans rationale therefore.

(vi) The decision of the dean is final.

(i) Review by the provost and transmission to the president

(i) The dean will forward recommendations to the office of the provost for review. If the provost is in agreement, the provost will forward positive recommendations to the president for formal transmission to the board of trustees for ratification.

(ii) The office of the provost will notify the candidate following ratification by the board of trustees.

(I) Structure and function of the non-tenure track faculty appointments and promotions committee

(1) The college of medicine non-tenure track faculty appointments and promotions committee is a standing committee of the college of medicine.

(2) Composition and chair

(a) The committee consists of at least seven faculty members appointed by the dean of the college, the majority of whom shall be professors. The chair shall be designated by the dean. The committee may not include the dean.

(b) A duly constituted college search committee shall function as the faculty appointments and promotions committee for a candidate who is recruited through an appropriate search process.

(3) Responsibilities

(a) The faculty appointments and promotions committee will evaluate the materials and will consider the role, responsibilities, and assignments of the candidate as outlined in the faculty members letter of offer and make recommendations to the dean of the college. During its evaluation, may:

(i) Interview the candidate;

(ii) After notifying the candidate, interview the department chair or other appropriate individuals;

(iii) Request any additional information pertinent to the evaluation; and

(iv) Seek external advice as it deems necessary.

(b) Recommendations

(i) The committee, by majority vote, will recommend one of the following:

(a) Approval of the request for appointment or promotion as submitted;

(b) Approval of the request for appointment or promotion with a revised rank or title;

(c) Provisional approval of the request for promotion pending timely notification of board certification; or

(d) disapproval of the request for appointment or promotion as submitted. The committee will transmit the recommendation and the reasons, therefore to the dean and the department chair. The department chair shall promptly inform the candidate of the recommendation. In the case of promotion, the candidate shall also be informed by the department chair of the right to appeal.

(ii) Recommendations are forwarded by the office of the provost to the president for formal transmission to the board of trustees for ratification.

(J) Procedures for annual performance evaluation (APE) for NEOMED-employed faculty

(1) The performance of non-tenure track faculty employed by the university shall be evaluated annually by the department chair. An APE is a process that will include a dialogue between the department chair and the faculty member concerning the faculty members job description, annual goals, and performance during the evaluation period. The APE will be an opportunity for constructive feedback to the faculty member about performance and career/faculty development. The APE includes an evaluation of the following performance categories:

(a) Teaching

(b) Research and scholarship; and

(c) Service, including leadership and/or administration if applicable.

(2) During an annual APE meeting between the faculty member and department chair, the faculty members job description will be consulted to establish annual performance goals and per cent efforts for each of the performance categories for the upcoming performance year and documented in the APE form. Input from sources external to the department that may have bearing on the faculty members performance may be considered (e.g., supervising authority in the college of graduate studies or teaching authorities within the college). These goals and per cent efforts may be revised as needed through the performance year and documented. Any changes to the job description will only occur if there are major or over-reaching changes in job-related duties and must be documented in the office of human resources.

(3) Faculty will be evaluated in each established performance category based on the rating scale established by the university for annual faculty performance evaluation.

(4) A per cent of effort will be established for each of the faculty performance categories.

(a) Teaching. The teaching workload calculation involves hours spent with learners modified by workload weighting (based on the complexity of teaching) and whether teaching is new or particularly innovative. Workload weighting and credit for new/innovative teaching is determined by the department chair in consultation with the faculty member. The teaching workload for a faculty member will be determined by the department chair after consultation with the respective associate dean for education or educational supervisor within the college.

(b) Research and scholarship. Research and scholarship expectations (e.g., status as a principal investigator, number and quality of publications, presentations, grant applications, and grants awarded, etc.) are established annually by the department chair and the faculty member at the beginning of the performance year. These expectations are framed in a balanced perspective knowing the workload variation associated with academics and research. Expectations are titrated to a faculty members per cent of effort in research. The research and scholarship calculation involves an analysis of the outcomes of the faculty members research activity and per cent effort by the department chair.

(c) Service. Faculty members are expected to have at least one NEOMED academic service activity (e.g., active membership on a NEOMED committee, advising a student organization, director of a research focus area, core research facility director, etc.) and to have at least one activity in public/professional service (e.g., active involvement in state/national organizations related to health care or professional development, editorial board and/or reviewer for scientific publications and granting agencies, support of community organizations improving health, health care, and health professions education, etc.) as agreed upon by the department chair and the faculty member. Service responsibilities may be adjusted annually by the department chair, in consultation with the faculty member, in accordance with the faculty members rank and workload in teaching and research.

(5) The APE will result in an overall score between one and five will be based on the weightings and ratings of each performance category determined by the department chair. Faculty members must have an overall score that meets, exceeds, or is rated at outstanding performance to meet overall performance expectations for the performance year.

(6) Performance may be reviewed mid-year or at other intervals at the discretion of the department chair.

(K) Feedback for affiliated faculty

(1) Affiliated faculty will be given the opportunity to receive feedback from their department chair or the office of clinical faculty affairs on their academic performance and progress toward promotion on a regular basis. Affiliated faculty appointments will continue unless the faculty member receives a notice of non-reappointment in accordance with the university faculty rules.

(a) Affiliated faculty who disagree with the intention to recommend non-reappointment may request a meeting with the department chair within five business days to determine if the matter may be resolved prior to notification of the dean.

(b) After the meeting, the department chair will notify the affiliated faculty member and the dean of the final recommendation.

(c) The department chair will forward recommendations concerning non-reappointments to the dean.

(d) In the event of non-reappointment, the final date of appointment will be on June thirtieth of the same year.

(L) Performance of essential functions for NEOMED-employed faculty

(1) The fitness for duty assessment is not a disciplinary process and is not subject to the procedures set forth in rule 3349-3-77 of the Administrative Code.

(2) Faculty members must perform the essential functions of their position as set forth in their job description, letter of offer, and any amendments thereto. If the faculty member's inability to perform those essential functions is the result of a documented disability, it is the responsibility of the faculty member to request reasonable accommodations as set forth in the Americans with Disabilities Act (ADA).

(3) If a faculty member, in the judgment of the department chair, is not performing the essential functions of their position, the department chair will consult with the director of the office of human resources. The annual performance evaluation will be suspended until it is determined by the department chair, in consultation with the office of human resources, that the faculty member is or is not fit for duty.

(4) The director of human resources shall consult with the general counsel to determine if the faculty member should undergo a fitness for duty assessment. The fitness for duty assessment will be conducted by an appropriate healthcare professional.

(5) Following the fitness for duty assessment, the faculty member will engage in an iterative process with the office of human resources to determine the nature and extent of reasonable accommodations following the guidelines established by the ADA and amendments thereto.

(6) If the faculty member is able to perform the essential functions of their position as set forth in the job description by employing reasonable accommodations, the faculty member will re-enter the annual performance evaluation process, as determined by the department chair, in consultation with the dean.

(7) If it is determined that a faculty member is unable to perform the essential functions of their position as set forth in the job description despite the provision of reasonable accommodations, their employment may be terminated.

(8) The office of general counsel will serve as the repository for all documents pertaining to a fitness for duty assessment.

(M) Faculty leave of absence

(1) NEOMED-employed faculty

(a) Faculty who are employees of the university are expected to follow the leave procedures as outlined in the employee handbook of the university.

(b) Leaves of absence approved by the department chair and the dean will not be counted toward accumulated time in rank.

(2) Affiliated faculty

(a) A non-employee affiliated faculty member may request a leave of absence when the faculty member is expected to be absent from activities for no less than six months or more than two years.

(b) A request for leave of absence shall be made by the faculty member to the department chair and dean for approval. A leave of absence will not be counted toward time in rank.

(c) Leaves of absence approved by the department chair and dean will be noted in the faculty member's official file.

Last updated February 5, 2024 at 5:50 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 8/12/2013

Rule 3349-3-25 | Appendix A - college of pharmacy procedure for appointment, promotion, reappointment, and evaluation of non-tenure track faculty.

• Effective: June 11, 2020
• Promulgated Under: 111.15

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-26 | COGS Procedures for the appointment, reappointment, and leaves of absence of faculty (Appendix A).

• Effective: January 22, 2021
• Promulgated Under: 111.15

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated May 6, 2021 at 7:29 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 12/26/2019

Rule 3349-3-70 | Appendix G - college of medicine standing committees.

• Effective: January 15, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of appendix G is to establish the name, membership, manner of membership selection and appointment of standing committees of the college of medicine (COM), and to delineate their authority.

(B) Scope

Appendix G addresses the standing committees of the COM.

(C) Standing committees

(1) Purpose and responsibilities

The faculty standing committees are appointed to represent the college in its interests related to the mission, role and functions of the college. These committees shall make decisions where appropriate, develop rules and provide recommendations to the dean's advisory group (DAG).

(2) Names and functions

The names and functions of the standing committees may be altered from time to time upon recommendation by the com dean or the com DAG.

(3) Subcommittees

Standing committees may develop such subcommittees as are necessary to conduct their business. Such subcommittees may include persons other than standing committee members.

(4) Reporting

(a) Standing committees shall submit recommendations for substantive rule changes to the com DAG for action.

(b) Each standing committee shall make at least one report of its activities to the com DAG each academic year.

(5) Meetings

(a) Meetings will be held at a time and manner that will promote participation.

(b) Meetings may be held in person, via video conference or teleconference, or by any other modality that will allow all the members to hear each other and to participate at the same time.

(c) Any member may request that he/she be allowed to participate via electronic means. The committee chair will take reasonable measures to accommodate such requests.

(d) When meeting via electronic means, a member who wants to speak should identify him/herself.

(6) Voting

(a) Usually, voting will take place at the meeting, whether the meeting is held in person or by electronic means. Voice votes are most common; however, other voting methods, including electronic methods may be used at the discretion of char or upon request of the committee. A simple majority vote is the standard.

(b) Votes may also be taken by mail or by email when a full vote of the membership is desired. The committee chair shall confirm who has a right to vote and will send ballots only to those persons who are voting members.

(7) Minutes

Minutes of each standing committee meeting shall be kept recording the actions of the committee and shall be available for review. Minutes of standing committees responsible for reviewing individually identifiable performance of faculty members or students (non-tenure faculty appointment and promotions committee, admissions committee, nominating and membership committee, committees on academic and professional progress) shall record matters related to rule or procedure, but not discussion or actions regarding individuals reviewed by the committee. Faculty forum will not keep minutes in the interest of promoting free discussion. The chair will present items at the subsequent DAG meeting.

(8) Nominations

(a) A representative from the com dean's office shall notify the chair of the COM nominating and membership committee, faculty forum, the chairs of the standing committees of the college of medicine, and the faculty at large in order to solicit nominations for consideration. The dean notifies members of the standing committees upon the recommendation of the com nominating and membership committee.

(b) Faculty self-nominations will be encouraged and accepted by the nominating and membership committee.

(9) Membership

(a) A faculty committee is a body to which a trust is committed. A committee is delegated responsibility to consider, to investigate, to take action on, or to report on important faculty, student and academic matters.

(b) The membership of all committees shall reflect, whenever possible, the diversity of the college unless otherwise required by accrediting standards or other governing law or regulation.

(c) Terms of appointment are three years beginning July first, unless otherwise specified. Following the restructuring of a committees composition, terms may be initially staggered to provide for continuity. Elected members may serve no more than three consecutive terms of appointment. Should the term limit create an undue burden for a particular committee at a particular time, the chair may petition the DAG for a single-year exception to this standard.

(d) A member may be replaced, prior to the completion of a term, upon the request of the committee chair and approval of the dean, when the member has failed to attend at least fifty per cent of the regularly scheduled meetings of the committee.

(10) Notification

The COM dean shall notify all members in writing upon the recommendations of the nominating and membership committee and approval of the DAG, in accordance with this chapter, and with the prescribed committee composition and reporting structure.

(11) Quorum

The majority of voting members present at a meeting, whether in person or via electronic means, of the standing committees constitute a quorum unless otherwise specified in the rules. For purposes of quorum, a chair is counted as a voting member.

(12) University conflict of interest rules shall be in effect and any member with a direct personal or pecuniary conflict of interest in the matter being considered may be excluded from the discussion but must abstain from voting on the matter.

(13) Expert consultation

The chair of a given committee may request the attendance and participation of expert consultants as needed to promote the purposes and goals of the committee.

(D) Charge and membership for the standing committees

(1) Nominating and membership committee

(a) The purpose of the nominating and membership committee is to determine the best faculty candidates to serve in open positions on the standing faculty committees of the COM. The committee will make membership recommendations for appointment by the dean.

(b) Voting members are peer elected and include:

(i) Three Rootstown based faculty elected by faculty forum; and,

(ii) Three non-Rootstown based clinical faculty elected by peers.

(c) The committee will elect a chair from its membership.

(2) Admissions committee

(a) The purpose of the college of medicine admissions committee is twofold:

(i) To oversee the admissions process by setting policies and guidelines for the selection of the college's students in accordance with all applicable requirements and standards on selection; and,

(ii) To ensure that the faculty have final responsibility for the selection of their students.

(b) Members are recommended by the COM nominating and membership committee and appointed by the COM dean. Membership includes:

(i) Associate dean of admissions and student affairs (ex officio, without vote) who will be the administrative liaison to the committee;

(ii) At least eight faculty, of which at least four must be non-Rootstown based faculty members; the committee will annually elect a chair and a vice chair;

(iii) University director of admissions (ex officio without vote);

(iv) Director of area health education center (ex officio, without vote); and,

(v) Two medical students, one M-one student (non-voting) and one M-two student (voting). Student members serve staggered two-year terms commencing when elected as an M-one.

(vi) For all votes, the majority of voting members must be COM faculty.

(3) Curriculum committee

(a) The college of medicine curriculum committee has decision-making and rulemaking authority and is responsible for oversight, evaluation and management of the curriculum, its courses and course directors. The curriculum committee will communicate significant changes in the curriculum to the students and faculty on a regular basis. The curriculum committee ensures compliance with all LCME curricular elements.

(b) The curriculum committee will have standing subcommittees as outlined in this paragraph. The subcommittees will advise the curriculum committee on matters specified in the curriculum management charter for the MD program and will not have decision-making authority unless specifically delegated by the curriculum committee.

(i) The pre-clerkship curriculum subcommittee will consist of all course directors in the pre-clerkship curriculum. One M-one and one M-two student from the student curriculum council will also serve as voting members. An additional at-large voting member will be elected by a faculty-wide vote. The pre-clerkship curriculum subcommittee (PCS) will be chaired by a faculty member selected by and from the PCS. The associate dean for medical education assigned to M-one and M-two will serve as administrative liaison (ex-officio without vote).

(ii) The clinical curriculum subcommittee will consist of all clinical experiential directors in each clinical discipline, course directors in the M-three and M-four curricular years, and the director of M-four. An M-three and M-four student from the student curriculum council will also serve as voting members. An additional at-large voting member will be elected by a faculty-wide vote. The clerkship curriculum subcommittee (CCS) will be chaired by a faculty member selected by and from the CCS. The associate dean for medical education assigned to M-three-M-four will serve as administrative liaison (ex-officio without vote). The faculty chair may vote if representing their course or in case of a tie.

(iii) The curriculum evaluation subcommittee will consist of nine at-large members: three members will be selected by the pre-clerkship curriculum subcommittee; three members will be selected by the clinical curriculum subcommittee; three at-large members will be selected by a faculty-wide vote. It will be chaired by a faculty member selected by CES serving as faculty chair. The assistant dean of curriculum serving as administrative liaison (ex officio, without vote).

(c) Voting membership of the curriculum committee will consist of nine faculty and two students as delineated in this paragraph.

(i) The pre-clerkship subcommittee will elect three faculty from its membership to the curriculum committee.

(ii) The clinical curriculum subcommittee will elect three faculty from its membership to the curriculum committee.

(iii) The college of medicine nominating and membership committee will select three faculty members to the curriculum committee. These at-large members should be apportioned to address balance among various stakeholder groups of the faculty.

(iv) The student curriculum council will elect one M-four, and one M-two student by a vote of their peers.

(v) Initial membership should be appointed with staggered terms to allow for one third of the faculty voting members to be replaced or reappointed on an annual basis.

(vi) The curriculum committee (CC will be chaired by a faculty member selected by the CC. The senior associate dean for medical education will serve as administrative liaison (ex-officio without vote). The faculty chair will be without vote except in the case of a tie. If the faculty chair is not already a member of the CC, they will become a member upon election as chair and remain so for the duration of the chairmanship.

(d) Non-voting membership - ex officio

(i) Senior associate dean of medical education;

(ii) The chairs of each of the curriculum committee subcommittees;

(iii) The assistant dean of student affairs;

(4) Non-tenure track faculty appointments and promotions committee

(a) The non-tenure track faculty appointments and promotions committee evaluates the credentials, education and research portfolio of applicants for appointment and promotion without tenure and makes recommendations to the dean. A majority of faculty members shall be professors and the balance will be associate professors.

(b) Membership is comprised of at least seven COM faculty members including:

(i) A clinical science faculty member from the committee to serve as chair (as appointed by the nominating and membership committee);

(ii) At least three clinical science faculty; and,

(iii) At least three basic science faculty.

(5) Dean's advisory group (DAG)

(a) The COM DAG, in consultation with the dean, will advise on rules and strategy for the college of medicine. The DAG is responsible for:

(i) Advising the dean in the allocation of resources;

(ii) Approving membership of standing committees of the COM;

(iii) Recommending the formation of ad hoc committees and task force groups to support and inform COM initiatives;

(iv) Advising the dean regarding university issues of significance to the COM;

(v) Recommending strategic and tactical initiatives and operations of importance to the COM; and

(vi) Assuring alignment of policies and strategies with university COM and university missions;

(b) Membership is comprised of the following ex officio positions:

(i) Com dean (to serve as chair of the committee);

(ii) Up to six department chairs as elected annually by the group of COM department chairs;

(iii) COM vice dean (to serve as vice chair of the committee);

(iv) COM executive director of operations;

(v) Senior associate deans and the associate dean of admissions and student affairs;

(vi) Chair or vice chair elected to university faculty council who represents the COM;

(vii) Chair of faculty forum elected by the COM faculty; and

(viii) A faculty member-at-large elected in a aculty-wide vote.

(c) From time to time, the membership of the COM DAG may be modified by the COM dean to assure appropriate input and breadth of experience.

(6) Committees on academic and professional progress (CAPP)

The purpose of the committees on academic and professional progress (CAPP) is to assess student academic performance, to assess professional readiness for continued studies, and to determine appropriateness of curricular leave. The CAPP process includes timely notice to the student of the CAPP referral, disclosure of evidence on which the referral is based, an opportunity for the student to respond, and an opportunity for due process. The CAPP process is designed to enforce specific guidelines for academic advancement and to determine acceptable academic standing for curricular leave, while at the same time providing for a review of each student's individual situation and aggregate performance. All CAPP meetings are private, and all material presented and discussed in CAPP meetings is confidential.

(a) CAPP

(i) CAPP is responsible for tracking the academic and professional progress of all students enrolled in the MD program at the university.

(ii) Voting membership includes:

(a) At least five faculty among whom two will be selected by the committee as co-chairs; one of the co-chairs shall be a clinical faculty member; and

(b) One M-four student (voting).

(iii) Non-voting membership includes:

(a) One M-three student;

(b) The assistant dean of students (ex officio) or designee;

(c) The university registrar (ex officio) or designee; and

(d) The associate dean of admissions and student affairs who shall serve as administrative liaison.

In the event that a quorum cannot be obtained, the chair may appoint a delegate member selected from faculty with prior CAPP experience but who has not already heard the case in question.

(iv) Student members are peer elected and appointed by the dean. The com dean is notified of decisions made by CAPP. Written communication of the CAPP decision will be provided to affected students. The office of the provost will provide administrative support for this committee.

(b) CAPP executive review committee

(i) The purpose of the executive review CAPP is to review appeal petitions from students who were dismissed by CAPP.

(ii) Executive review CAPP will either affirm the dismissal decision or overturn it.

(iii) If the committee overturns a dismissal decision, it may place appropriate curricular and monitoring provisions on the student as appropriate. Further monitoring of student progress, in this case, will revert to the CAPP committee.

(iv) The COM CAPP executive review committee will consist of:

(a) Vice dean or designee, college of medicine who shall serve as the administrative liaison (ex officio, voting only to resolve a tie);

(b) Four faculty members from the COM, none of whom are serving concurrently on another COM CAPP committee;

(c) The assistant dean of students who shall serve as a student advocate and be without vote; and

(d) The university registrar or designee, (ex officio, without vote);

In the event that a quorum cannot be obtained, the chair may appoint a delegate member selected from faculty with prior CAPP experience but who has not already heard the case in question.

(v) Voting faculty members serve staggered three-year terms. Decisions made by executive CAPP are final. The senior executive director of academic affairs and student services provides written notification of committee decisions to affected students. The office of the provost will provide administrative support for this committee.

(7) Faculty forum

(a) The Rootstown-based faculty forum (RFF) promotes faculty communication and engagement in the mission of the college of medicine (COM). Rootstown-based COM faculty not holding roles in COM administration have shared goals and interests, as well as concerns unique to their departments and disciplines. RFF provides a way to address all of these and communicate about them with COM leadership. RFF does so by providing faculty a venue for:

(i) Discussing issues and rules related to education, research, and service within the COM;

(ii) Initating and approving proposed changes in COM bylaws;

(iii) Advocating on behalf of the COM faculty;

(iv) Assuring faculty a voice in setting rules about matters such as appointments; promotions, tenure, curriculum, and decision making in the COM; and

(v) Communicating with the COM dean's advisory group (DAG) and university faculty council (UFC) regarding this rule.

(b) All and exclusively Rootstown-based COM faculty not holding an administrative appointment (e.g., dean, associate dean, assistant dean, or department chair) in the COM hold de facto membership in and thereby may attend RFF meetings. Terms of appointment do not apply to membership in RFF.

(c) Annually, a vice chair will be chosen by majority vote of the faculty following a call for nominations (including self-nominations).

(i) The chair/vice chair must hold rank of associate professor or higher.

(ii) The chair/vice chair must be able to facilitate and promote engagement among the Rootstown-based COM non-administrative faculty.

(iii) Preference will be for the vice chair to be from a department other than that of the chair.

(iv) In the event of no nominations, faculty forum may also consider asking department chairs to request nominations for the RFF chair/vice chair roles during their department faculty meetings or individual discussions with faculty.

(v) Once selected, the vice chair will serve as the designated successor to the chair.

(vi) The chair/vice chair role will be a two-year term, with the elected faculty member serving one year as vice chair and one year as chair.

(vii) When the vice chair assumes the role as chair, another faculty member will be elected as vice chair to ensure orderly chair succession, continuity of knowledge, processes, and relationships.

(viii) The chair will be an ex officio member of the COM DAG.

(d) Procedures

(i) The RFF is responsible for:

(a) Establishing its rules of operation;

(b) Determining the agenda for its meetings;

(c) Meeting regularly, and at least once per semenster;

(d) Considering COM rules and bylaws changes and reporting results of voting to either COM DAG or UFC, as required; and

(e) Making other recommendations to the COM DAG or UFC, as appropriate.

(ii) The chair will bring recommendations and votes forward to and represent the RFF at the DAG monthly meetings.

(iii) RFF does not require a quorum to function as a forum for faculty discussion. Whether or not a quoarum is reached, any issues raised at RFF may be brought to DAG by the chair.

(iv) All votes required of RFF will be conducted by email and submitted to the full membership. If a call for votes receives less than twenty per cent response rate from the full membership at the end of the initial response period, the chair may opt to repeat the call for votes and extend response period. If the response rate remains below twenty percent after the extended respons period, the vote will be considered void. Votes will be decided by simple majority. Absence of a response will be counted as abstention, and will not contribute to deciding majority.

(v) The vice chair will serve along side the chair and attend DAG meetings in the event the chair cannot attend.

(vi) If the chair cannot fulfill the duties of the chair position for any reason, the vice chair will assume duties of the chair.

(8) Continuous quality improvement committee

(a) The purpose of the continuous quality improvement committee is to engage in ongoing and continuous quality improvement processes that establish its short and long-term programmatic goals, result in the achievement of measurable outcomes that are used to improve educational program quality, and ensure effective monitoring of the medical education program's compliance with accreditation.

(b) Membership includes:

(i) Associate dean of quality initiatives who will serve as chair;

(ii) The COM dean;

(iii) The COM vice dean;

(iv) At least two faculty members nominated by the nominating and membership committee;

(v) Director of accreditation and special projects;

(vi) Associate dean of admissions and student affairs;

(vii) Associate dean of clinical faculty affairs

(viii) Assistant dean of outcome measures;

(ix) Senior associate dean of medical education;

(x) Director of faculty development;

(xi) A student representing the student impact committee.

Last updated January 17, 2024 at 8:48 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 8/12/2013

Rule 3349-3-71 | Appendix g college of pharmacy standing committees.

• Effective: August 12, 2013
• Promulgated Under: 111.15

(A) Purpose

To establish the name, membership, manner of membership selection and appointment; and to delineate the authority of the standing committees of the college of pharmacy.

(B) Definitions

(1) "Accreditation Council for Pharmacy Education" or "ACPE." The accreditation council for pharmacy education is the accrediting body of the college of pharmacy.

(2) "College." A college is a collective body of faculty who prescribe and conduct a course of study leading to the award of a degree or degrees. Herein, the college of pharmacy shall be "COP" and the college of medicine shall be "COM."

(3) "Core Faculty." Core faculty are tenured, tenure track and non-tenure track faculty who make a substantive contribution to the college. The dean of a college has the discretion to designate other faculty as core faculty to promote the purposes of the college.

(4) "Dean." The dean is the chief academic and presiding officer of the each of the respective colleges of the university. The authority and responsibilities of the deans are further defined in paragraphs (A), (B), (C), and (D) of rule 3349-3-05 of the Administrative Code.

(5) "Faculty Standing Committees". The faculty standing committees are appointed to represent the college faculty in interests related to the mission, role and functions of the college. These committees shall develop policy and provide recommendations to the faculty for governance of the areas of academic business set forth herein. This appendix sets forth the charges, composition and other matters concerning the admissions, committee on academic and professional progress (phase one and two and executive review), curriculum, outcomes assessment, pharmacy executive committee, and student and faculty awards committees. The charge, composition and other matters governing faculty appointment, promotions and tenure committees are set forth in separate appendices to the bylaws.

(6) "Pharmacy Executive Committee." The pharmacy executive committee is a committee composed of the dean of pharmacy, associate deans, department chairs and a college of pharmacy university council representative, selected by the faculty that sets policy and determines overall strategic direction for the college of pharmacy.

(7) "Voluntary Faculty." Faculty who do not meet the criteria established for core faculty. These faculty have roles that are generally limited to formal and informal teaching on a periodic basis. These faculty may or may not receive modest honoraria for their teaching contributions.

(C) Committees

(1) The names and functions of the standing committees may be altered from time to time upon recommendation of the dean or the pharmacy executive committee, and a majority vote of the voting college core faculty.

(2) Subcommittees

The standing committees may develop such subcommittees as are necessary to conduct their business. Such subcommittees may include persons other than standing committee members.

(3) Reporting

(a) Standing committees shall submit recommendations for substantive policy changes to the dean who will consult with the pharmacy executive committee.

(b) Standing committees shall submit a cumulative written report of its activities each academic year to the dean who will make the report available to the pharmacy executive committee for review. Such committees will make regular reports to the college core faculty at each meeting, or at least quarterly.

(4) Meetings

(a) Meetings will be held at a time and manner that will promote participation.

(b) These meetings may be held either in person or via video conference and teleconference or by any other modality that will allow all the members to hear each other and participate at the same time.

(c) Any member may request that he/she be allowed to participate via electronic means. The committee chair will take reasonable measures to accommodate such requests.

(d) When meeting via electronic means, a member who wants to speak should identify him/herself.

(e) The college core faculty shall use Roberts Rules of Order newly revised to facilitate their meetings unless it is in conflict with the bylaws.

(5) Voting

(a) Usually voting will take place at the meeting, whether the meeting is held in person or by electronic means. Voice votes are most common; however, written ballots may be used when requested.

(b) Votes may also be taken by mail or by email when a full vote of the membership is desired. The committee chair shall determine who has a right to vote and will send ballots only to those persons who are voting members.

(6) Minutes

Minutes of the standing committees, shall be kept to record the actions of the committee and shall be available on the university intranet. Hard copies will be made available for review in the library.

(7) Nominations

(a) The office of faculty affairs shall annually notify all constituencies in writing of expiring terms of the committee members of the standing committees of the college of pharmacy in order to solicit nominations for consideration by the pharmacy executive committee. The dean of the college of pharmacy appoints members of the standing committees after consultation with the pharmacy executive committee.

(b) Self-nominations and other nominations are encouraged and accepted.

(c) When requested, department chairs are expected to submit a list of nominations from each department.

(8) Membership

(a) A faculty committee is a body to which a trust is committed. A committee is delegated responsibility to consider, to investigate, to take action on, or to report on important faculty matters.

(b) The membership of all committees shall reflect whenever possible the diversity of the college unless otherwise required by accrediting standards and guidelines or other governing law or regulation.

(c) Terms of appointment are normally three years beginning July first unless otherwise specified. Following the restructuring of a committees composition, terms may be initially staggered to provide for continuity.

(d) Members shall attend at least fifty per cent of the regularly scheduled meetings of the committee. A member may be replaced prior to the completion of a term upon the request of the committee chair, with approval by the dean, when the member has failed to meet the attendance requirements.

(9) Notification

The college of pharmacy dean shall appoint and reappoint all members. The office of faculty affairs will notify members in writing of committee appointments, reappointments and removals.

(10) Quorum

The majority of members present at a meeting, whether in person or via electronic means, of the standing committees constitute a quorum unless otherwise specified in the rules.

(D) Committee charge and membership

(1) Admissions committee

The purpose of the college of pharmacy admissions committee is twofold: to oversee the admissions process by setting guidelines for the selection of the colleges students in accordance with all applicable requirements and standards on selection, the university board of trustees' admissions policy, and other policies promulgated by the university or college; and to insure that the faculty have final responsibility for the selection of their respective students in order to make individual candidate recommendations to the dean.

(a) The committee will make regular reports, or at least quarterly, to the pharmacy executive committee and college core faculty.

(b) Members serve four year staggered terms; membership totals ten voting, five alternates and three ex-officio without vote members:

(i) College of pharmacy core faculty member (chair) [in addition to faculty listed below];

(ii) Three (one being an alternate) pharmacy practice faculty;

(iii) Three (one being an alternate) pharmaceutical sciences faculty;

(iv) Two pharmacy students (upper class members);

(v) Two pharmacy student alternates (lower class members) with vote in absence of upper class members;

(vi) One college of medicine core faculty member;

(vii) One college of medicine clinical faculty member;

(viii) Two voluntary faculty (one being an alternate);

(ix) Chief student affairs officer (ex-officio without vote);

(x) Director of admissions (ex-officio without vote); and

(xi) Assistant director of diversity for admissions (ex-officio without vote).

(c) All admissions committee members must be actively involved in the teaching or advising of college of pharmacy students.

(2) Committee on academic and professional progress "CAPP"

The purpose of phase one and phase two committees on academic and professional progress committee on academic and professional progress is to evaluate academic performance, assess professional readiness for continued studies, and determine appropriateness of curricular leave. The committee on academic and professional progress process includes timely notice of the committee on academic and professional progress referral, disclosure of evidence on which the referral is based, an opportunity for the student to respond, and an opportunity for due process. The committee on academic and professional progress process is designed to enforce specific guidelines for academic advancement and to determine acceptable academic standing for curricular leave, while at the same time providing for a review of each student's individual situation. all committee on academic and professional progress meetings are private and all material presented and discussed is confidential.

(a) The college of pharmacy does not have a "phase one" committee on academic and professional progress committee, however, the nomenclature from the "phase two" is applied to this committee for purposes of consistency across the university.

(b) Phase two committee on academic and professional progress membership is appointed by the faculty. College of pharmacy faculty members are appointed by the pharmacy executive committee and college of medicine faculty members are appointed by the college of medicine senior leadership group (nominating and membership committee).

(c) Voting faculty members serve three year staggered terms. Student members (primarily student curriculum leaders) are selected based on recommendation from student peers and the chief student affairs officer, and appointed by the council of deans.

(d) Decisions made by committee on academic and professional progress are recommendations to the respective college dean and must be approved before decisions are released to students. The executive director of enrollment services will then communicate, in writing, the committee decision to the student.

(e) The phase two committee on academic and professional progress membership totals eleven voting and two non-voting members:

(i) Nine core faculty college of medicine and college of pharmacy (co-chairs; one from college of medicine and one from college of pharmacy)

(ii) One fourth year pharmacy student

(iii) One fourth year medicine student

(iv) One third year pharmacy student (non-voting)

(v) One third year medicine student (non-voting)

(vi) Chief student affairs officer (ex-officio without vote)

(vii) executive director, enrollment services (ex-officio without vote)

(3) Executive review, committee on academic and professional progress committee on academic and professional progress

The purpose of the executive review committee is to review committee on academic and professional progress decisions when formal review is granted by the executive review chair. An executive review of a committee on academic and professional progress decision is not automatic. The executive review committee on academic and professional progress chair will evaluate all requests for review. Requests reviewed must contain significant new information that was not available for presentation at the committee on academic and professional progress meeting or a concern about a procedural problem.

(a) Executive review committee on academic and professional progress membership is appointed by the respective college. College of pharmacy faculty members are appointed by the pharmacy executive committee and college of medicine faculty members are appointed by the college of medicine senior leadership group (nominating and membership committee).

(b) Voting faculty members serve three year staggered terms.

(c) Decisions made by executive committee on academic and professional progress are recommendations to the respective college dean and must be approved before decisions are released to students. The executive director of enrollment services will then communicate, in writing, the committee decision to the student. Executive committee decisions are final and binding.

(d) The executive review committee on academic and professional progress membership totals six voting, two non-voting and two ex-officio without vote:

(i) Associate dean for academic affairs - pharmacy (serves as non-voting chair based on college of student being discussed; non-voting member)

(ii) Associate dean for academic affairs - medicine (serves as non-voting chair based on college of student being discussed; non-voting member)

(iii) Phase two committee on academic and professional progress college of pharmacy co-chair

(iv) Five core faculty

(v) Chief student affairs officer (ex-officio without vote)

(vi) Executive director, enrollment services (ex-officio without vote)

(4) Curriculum committee

The college of pharmacy curriculum committee "CC" has decision-making and policy-making authority responsible for the administration of the curriculum.

(a) The college of pharmacy curriculum committee will make regular reports, or at least quarterly, to the pharmacy executive committee and the college of pharmacy core faculty. The college of pharmacy curriculum committee will communicate to the students and faculty about changes in curriculum, in accordance with accreditation council for pharmacy education standards and guidelines.

(b) A faculty member appointed by the dean will serve as chair and another will serve as vice chair. Members serve three year staggered terms; membership totals nine or eleven voting and two ex-officio without vote:

(i) Associate dean for academic affairs - pharmacy (ex-officio without vote);

(ii) Three or four pharmaceutical sciences faculty;

(iii) Three or four pharmacy practice faculty;

(iv) Associate dean for academic affairs - medicine (ex-officio without vote);

(v) Manager of assessment;

(vi) Pharmacy student representative, student curriculum council; and

(vii) one pharmacy voluntary faculty member.

(5) Outcomes assessment committee

The outcomes assessment committee "OAC" has decision-making and policy-making authority responsible for the evaluation of the curriculum.

(a) The outcomes assessment committee will make regular reports, or at least quarterly, to the pharmacy executive committee and college core faculty. The outcomes assessment committee will communicate to the students and faculty about changes regarding assessment, in accordance with accreditation council for pharmacy education standards and guidelines.

(b) A faculty member appointed by the dean will serve as chair and another will serve as vice chair. Members serve three year staggered terms; membership total nine or eleven voting and two ex-officio without vote:

(i) Associate dean for academic affairs - pharmacy (ex-officio);

(ii) Three or four pharmaceutical sciences faculty;

(iii) Three or four pharmacy practice faculty;

(iv) Associate dean for academic affairs - medicine (ex-officio without vote);

(v) Manager of assessment;

(vi) Pharmacy student representative, student curriculum council; and

(vii) One pharmacy voluntary faculty member.

(6) Pharmacy executive committee

The purpose of the pharmacy executive committee "PEC" is to set policy and strategy for the overall college of pharmacy; assist in the rational allocation of resources; provide recommendations for college of pharmacy committees, task forces and groups; provide input concerning university issues of importance; assist in other matters of strategic and tactical importance to the college of pharmacy. All matters will be executed in conjunction with the dean.

(a) Terms of membership will be ongoing coincident with the faculty members role as a college of pharmacy leader, but shall serve at the pleasure of the college dean.

(b) Pharmacy executive committee membership will be chosen by the college dean but reflect the diversity of the college leadership and include faculty representation.

(c) From time to time the membership of pharmacy executive committee may be modified to assure appropriate input and breadth of experience.

(d) Pharmacy executive committee membership includes:

(i) Associate dean for academic affairs - pharmacy;

(ii) Chair, department of pharmaceutical sciences;

(iii) Chair, department of pharmacy practice;

(iv) Vice chair of the core faculty council, as elected by the core faculty council who is responsible for preparing agenda items suggested by the faculty;

(v) Dean, college of pharmacy who serves as chair; and

(vi) Other individuals as designated by the dean;

(7) Student and faculty awards committee

The student awards committee is responsible for establishing criteria for student and faculty awards presented by the college.

(a) The committee will make regular reports, or at least quarterly, to the pharmacy executive committee and college core faculty.

(b) Appointments will be made by the dean from recommendations of the department chairs (faculty) and chief student affairs officer (students). Members will serve three year staggered terms. The membership totals eight voting and three ex-officio without vote:

(i) Chief student affairs officer (ex-officio without vote);

(ii) Director of professional development and advising (ex-officio without vote);

(iii) Director of instructional laboratories and professional relations, chair;

(iv) Executive director of enrollment services (ex-officio without vote);

(v) Two core faculty members from each department; and

(vi) Three pharmacy student representatives.

(E) Expert consultation

The chair of a given committee may request the attendance and participation of expert consultants as is necessary to promote the purposes and goals of the committee.

Last updated December 12, 2022 at 4:17 PM

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15

Rule 3349-3-72 | Appendix G - university standing committees.

• Effective: January 22, 2021
• Promulgated Under: 111.15

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated September 15, 2023 at 1:52 PM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-73 | College of graduate studies appendix G: standing committees.

• Effective: December 26, 2019
• Promulgated Under: 111.15

(A) Purpose

To establish the name, membership, manner of membership selection and appointment, and to delineate the authority of the standing committees of the college of graduate studies.

(B) Scope

This rule addresses the standing committees of the college of graduate studies.

(C) Definitions

(1) "College." A college is a collective body of faculty who prescribe and conduct courses of study leading to the award of a degree or certificate. Herein the college of graduate studies may be referred to as "COGS."

(2) "Dean." The dean is the chief academic and presiding officer of COGS. The dean is responsible for the administration of the college and shall supervise its programs and its student body. The authority and responsibilities of the dean is further defined in paragraph (H) of rule 3349-3-01 of the Administrative Code.

(3) "Graduate faculty." Graduate faculty are all members of the faculty with appointments in COGS. Graduate faculty ranks, criteria, and appointment processes are outlined in rule 3349-3-26 of the Administrative Code.

(4) "Graduate program advisory committee." A committee that advises the program director about the operation and policies of each of the graduate programs including curriculum, admissions, and advising. Each graduate program has a graduate program advisory committee.

(5) "President." The president is the chief executive officer of the university responsible for its overall administration and for enforcing the bylaws, policies and procedures of the university.

(6) "Standing committees of the college" or "standing committees." Standing committees are permanent committees intended to fulfill certain obligations of the college and are appointed to deal with a specified subject which promotes the college's purpose.

(D) Standing committees

(1) Name and function

The names and functions of the standing committees of the COGS may be altered by the dean in consultation with the graduate faculty council (GFC). The function of the GFC is outlined in paragraph (F)(1) of this rule.

(2) Subcommittees

The standing committees may develop such subcommittees or task forces as are necessary to conduct their business. Subcommittees and task forces may include individuals other than standing committee members.

(3) Expert consultation

The chair of a given standing committee may request the attendance and participation of expert consultants as needed to promote the purposes and goals of the committee.

(E) Conflict of interest

Any member with a perceived or potential conflict of interest in the matter being considered must declare this to the standing committee. The standing committee will deliberate to determine what measures might mitigate or eliminate the conflict.

(F) Charge and membership of the COGS standing committees

(1) Graduate faculty council (GFC)

(a) Purpose

The GFC shall be the standing committee of the college of graduate studies. The GFC counsels and advises the dean in matters of:

(i) The administration of COGS;

(ii) Academic rule and procedure;

(iii) Approval of new graduate courses and programs;

(iv) Evaluation of program quality; and

(v) Approval of new graduate faculty and the reappointment of graduate faculty.

(b) Officers

(i) The dean shall serve as chair and preside at meetings of the GFC. The office of the dean shall send notices of and agendas for all meetings and shall record and maintain the minutes of all meetings of the GFC.

(ii) The vice chair shall be elected by the GFC from its membership and shall preside over GFC meetings in the absence of the chair. The vice chair shall serve a three-year term.

(iii) The vice chair, in consultation with the chair, shall solicit agenda items from the GFC and have authority over setting the agenda for GFC meetings.

(c) Membership

(i) The ex officio membership of the GFC shall be composed of:

(a) The program directors of each of the NEOMED graduate programs offered through COGS.

(b) The NEOMED associate director of the biomedical sciences program shared with Kent state university.

(ii) The departmental and student membership of the GFC shall be composed of:

(a) At least one and no more than two members from each NEOMED academic department. One individual may serve both in representing a graduate program and as a departmental representative.

(b) Two students enrolled in any of the graduate programs offered through COGS, including up to one student from the biomedical sciences program shared with Kent state university.

(iii) Voting privileges

All members of the GFC are voting members and shall have one vote each with the exception of the chair, who shall only vote in case of a tie.

(a) The usual methods of voting on motions are by voice or show of hands. A written ballot may be used when requested by a GFC member.

(b) A voting member may not designate any other person to vote on his/her behalf.

(d) Terms of the departmental and student members

(i) Faculty members of the GFC shall serve staggered three-year terms. Members may serve a maximum of two consecutive terms. No more than two members of the faculty of any department may serve on the GFC during any given year unless they are representing a graduate program.

(ii) Student representatives on the GFC serve one-year terms and may be reelected for one additional term.

(e) Nominations faculty members

The office of the dean shall notify the chair of the department(s) in which faculty members terms on the GFC are expiring. The chair will submit two faculty nominations for each pending vacancy by February first.

(i) The nominations shall be transmitted to the dean by April first and the dean shall circulate the slate to the GFC.

(ii) On or about April fifteenth, the dean shall send an electronic ballot to each member of the graduate faculty. The ballot shall list all nominees for the GFC, classified by department. Faculty members shall vote only for the representative of their own department and shall vote for one nominee only. Voting should be completed by May first.

(iii) The GFC shall then tally the vote. In the event that no candidate for a given position receives a majority of the votes cast, there shall be a reballot between the two candidates with the largest pluralities. Results of the election shall be announced to the graduate faculty, and the newly elected members shall take up their duties on July first.

(iv) If a vacancy should occur on the GFC with one year or more left in the term, a special election shall be held. The newly elected member shall serve for that portion of the term for which the originally elected member shall be absent. For the special election, department chair of the vacating member will be asked to submit two names from their department. If a vacancy occurs with less than one full year remaining in the term, the dean may recommend a person from the appropriate department or group to fill the vacancy for the remainder of the term.

(f) Nominations - student members

Student members may be nominated by any graduate faculty member and shall be appointed by the dean.

(g) Procedures of the graduate faculty council (GFC)

(i) The GFC shall use Roberts rules of order newly revised to facilitate its meetings, unless it conflicts with this rule.

(ii) Meetings shall be held at least bi-monthly for a minimum of six times per calendar year or upon ten calendar days notice by the office of the dean.

(iii) A meeting shall also be held upon the written request of three members of the GFC addressed to the chair.

(iv) GFC meetings are open to any faculty member, student, or staff member.

(v) The dean shall have discretion for acting on resolutions and recommendations put forth by the GFC.

(h) Liaison between graduate faculty council (GFC) and university leadership

The dean will facilitate communication across all colleges and with the vice president for academic affairs.

(2) Committee on academic and professional progress (CAPP)

(a) Purpose

The purposes of the committee on academic and professional progress (CAPP) is to assess student academic performance and professional readiness for continued studies, determine appropriateness of curricular leave, and to enforce specific guidelines for academic advancement while reviewing each students individual situation and aggregate performance. The CAPP process includes timely notice to the student of the CAPP referral, disclosure of evidence on which the referral is based, opportunity for the student to respond, and an opportunity for due process. All CAPP meetings are private, and all material presented and discussed in CAPP meetings is confidential.

(b) Membership

(i) COGS CAPP membership includes:

(a) Two COGS program directors (one of whom will be designated chair), voting;

(b) Two additional members of the GFC, voting;

(c) One NEOMED-enrolled COGS student, voting;

(d) One program coordinator to represent the program in which the invited student is enrolled, non-voting;

(e) University registrar (ex officio), non-voting;

(f) Student advocate, non-voting.

(ii) All voting CAPP members are recommended by the GFC and appointed by the dean.

(iii) Voting members serve staggered three-year terms.

(iv) The dean appoints the chair of the committee based on the recommendation of the GFC.

(v) The office of the vice president for academic affairs will provide administrative support for this committee.

(c) Procedures

(i) Quorum will be based on the majority of the voting membership of the committee. The committee may meet by any electronic means necessary to establish a quorum and/or facilitate the meeting.

(ii) Students are required to appear in person or via electronic means at a meeting of COGS CAPP and may be accompanied by an advisor of their choosing from the NEOMED faculty, staff or student body. Because this is an academic hearing, not a legal hearing, the student may not bring an attorney, nor is the student permitted to bring a relative. Other persons may be invited by the chair to provide information that may augment or clarify information presented. Individuals found to have a conflict of interest may be recused from the meeting and/or the committee vote.

(iii) The committee makes a recommendation to the dean. The dean has the discretion to affirm, reverse or modify the committee recommendation. The deans decision is final.

(iv) Students will receive an electronic written statement of the deans decision within five working days of the decision.

(v) If a student is dismissed by COGS CAPP, he/she may submit a petition to appeal the dismissal within four working days of the date of decision notification.

(3) CAPP executive review committee

(a) Purpose

The purpose of the executive review CAPP is to review appeal petitions from students dismissed by COGS CAPP, and to uphold the decision made by COGS CAPP or remand the case back to COGS CAPP based on one or both of the following circumstances:

(i) Compelling new information that was not available to COGS CAPP at the time of their deliberation;

(ii) Evidence of a defect or irregularity in the COGS two CAPP proceeding. The student petition for review must include significant and new information that was not available for presentation to COGS CAPP, or evidence of a defect or irregularity in the committee proceeding.

(b) Membership

(i) Membership includes:

(a) Vice dean or designee, college of graduate studies; serves as chair for COGS CAPP executive review cases; ex officio member; votes in the case of a tie for COGS cases; voting member for other college CAPP cases;

(b) Vice dean or designee, college of pharmacy; serves as chair for cop CAPP executive review cases; ex officio member; votes in the case of a tie for cop cases; voting member for other college CAPP cases;

(c) Six faculty who are standing members of the committee; three from the college of graduate studies and three from the college of pharmacy; voting; staggered three-year terms;

(d) Four faculty delegates, two from each college, who are invited by the respective chair to participate when appropriate (e.g., when voting members are unavailable or college representation is needed;

(e) University registrar; ex officio, non-voting; and

(f) Student advocate; non-voting;

(ii) Decisions made by CAPP executive review are final.

(iii) Students will receive an electronic written statement of the CAPP executive review decision within seven workings days of the decision.

(iv) The office of the VPAA will provide administrative support for this committee.

(4) Graduate program advisory committees

(a) Purpose

The purpose of the graduate program advisory committees is to oversee the individual COGS graduate programs. The responsibilities of these committees include, but are not limited to the following: admissions, faculty assignments, curriculum, teaching assistant assignments, stipend funding decisions, program budget review, student progress, program assessment and evaluations, and other student-related issues.

(b) Membership

Membership will consist of a minimum of four and a maximum of ten voting members, including:

(i) The relevant program director who will act as chair of the committee;

(ii) One NEOMED faculty content expert;

(iii) One non-NEOMED content expert; and

(iv) One graduate student representative.

(c) Terms

Membership terms are determined by each graduate program advisory committee.

(d) Nominations

Membership nominations are determined by each graduate program advisory committee.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-76 | Appendix C - university faculty code of professional conduct.

• Effective: April 22, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to outline the professional conduct standards applicable to the faculty when functioning in the role of a faculty member of the university.

(B) Scope of the rule

This rule covers conduct of a faculty member when functioning in the role of a faculty member of the university.

(C) Definitions

Words have their ordinary meaning unless otherwise specified in the bylaws of the faculty.

(D) Body of the rule

Faculty shall subscribe to the highest standards of conduct and ethical behavior for members of their profession. It is expected that, at a minimum, all faculty will conduct themselves with honesty, integrity, and civility. Faculty shall perform their roles in education, scholarship, governance, and service to their profession and the public on the basis of academic freedom as that term is defined in the university bylaws and supported by the university. Intimidation and harassment are inconsistent with the maintenance of academic freedom. Professional conduct is a continuing expectation that begins at the time of faculty appointment and continues throughout the faculty members career at the university. Conduct that substantially impairs the academic or professional work of students, colleagues, or staff will not be tolerated.

(1) Responsibilities to students

The faculty member will:

(a) Act as a role model for students;

(b) Impart knowledge and understanding of a field of study, correct inaccuracies, and assist students in developing professional skills, attitudes, and behaviors;

(c) Accept and carry out faithfully those duties central to the instructional commitment to students;

(d) Demonstrate respect for students and avoid any exploitation, harassment, or discriminatory treatment;

(e) Give due recognition for significant academic or scholarly assistance from students; and

(f) Provide timely, objective, and unprejudiced evaluations of students.

(2) Responsibilities to the university

The faculty member will:

(a) Work in support of the mission of the university and the respective college;

(b) Distinguish between his/her private views and university policy when engaging in public discussion;

(c) Maintain discretion in dealing with all matters of a confidential or sensitive nature; and

(d) Accept his/her share of duties and responsibilities for the governance of the college and the university.

(3) Responsibilities to the profession

The faculty member will:

(a) Continue such studies and research as are necessary to remain current in his/her field(s);

(b) Respect academic freedom and promote professionalism in lectures, publications, and other modes of information dissemination;

(c) Show due respect for others and for their opinions; and

(d) Neither practice nor condone plagiarism, nor attach his/her name for credit to a paper or publication toward which they have made no professional contribution.

(E) Violations

Alleged violations of the code of conduct may result in the initiation of the procedures outlined in rule 3349-3-77 of the Administrative Code. Alleged institutional violations of academic freedom shall be adjudicated through rule 3349-3-78 of the Administrative Code.

Last updated April 22, 2024 at 8:35 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-77 | Appendix D - university procedures for sanctions of faculty including censure and dismissal for just cause.

• Effective: February 5, 2024
• Promulgated Under: 111.15

(A) Purpose

(1) To provide for the enforcement of laws and regulations applicable to faculty in their education, research and services roles; the university faculty bylaws and rules governing the conduct of faculty.

(2) To provide for appropriate due process protections

(B) Scope

(1) The procedures of this rule do not apply to faculty non-reappointment or nonrenewal of a faculty contract.

(2) The waiver of any hearing or appeal rights by the accused or the resignation of the accused will not preclude the university from following any of the procedures outlined herein.

(3) This rule applies to faculty only in their capacity as faculty members in the fulfillment of their education, research and service responsibilities to the college and/or university. This rule does not apply to academic administrators in their capacity as academic administrators, even if they hold a faculty appointment.

(4) The university does not condone bullying, intimidation, harassment or unlawful discrimination. Allegations of such misconduct will be handled in accordance with university policies on bullying, harassment, or unlawful discrimination even if such misconduct was allegedly committed by a faculty member in his/her role as a faculty member.

(C) Definitions

Words have their ordinary and widely accepted meaning unless the word or phrase has been assigned a specific meaning within their university faculty bylaws.

(1) Accused. Refers to the faculty member against whom allegations of conduct constituting just cause have been made.

(2) Censure. Official and public reprimand.

(3) Charge(s). A formal, written statement of the complaint(s) or allegations against a faculty member.

(4) Dismissal. An involuntary permanent severance of employment, enrollment or volunteer status.

(5) File. Official file for the faculty member.

(6) Funding agency. Any source which provides funds for the conduct of professional research.

(7) Hearing. An official meeting at which witnesses are heard and evidence is presented.

(8) Inquiry procedures. Procedures used to determine whether there is probable cause that misconduct has occurred.

(9) Investigatory procedures. Procedures employed to conduct a thorough evaluation of relevant evidence.

(10) Just cause. Includes, but is not limited to:

(a) Professional incopetence;

(b) Conduct not in accordance with the ethical standards of a faculty member of the university or the profession as defined in the university faculty code of conduct;

(c) Neglect of duty;

(d) Dishonesty in administration, teaching or in the conduct of research or breach of professional ethics;

(e) Conduct which significantly impairs the faculty members ability, or that of others, to carry out their responsibilities to the university;

(f) Violation of the policies of the university and university faculty bylaws; or

(g) Conviction of a felony;

(11) Malfeasance. The doing of an act which a person ought not do at all.

(12) Misfeasance. The improper doing of an act which a person might lawfully do.

(13) Nonfeasance. The omission of an act which a person ought to do.

(14) Preponderance of the evidence. The greater weight of the evidence, superior evidentiary weight, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

(15) Probation. A defined period of time during which a faculty member must meet a set of goals and expectations or face termination.

(16) Reprimand. Formal written disciplinary documentation by an administrative superior not requiring a hearing or other due process protections. A reprimand constitutes a final, non-appealable resolution of a given charge.

(17) Sanction. A penalty imposed. All sanctions will be noted in the faculty members file. The available sanctions include, but are not limited to:

(a) Reprimand;

(b) Removal from a particular project;

(c) special monitoring of future work;

(d) Censure

(e) Suspension

(f) Salary reduction;

(g) Probation; or

(h) Termination of appointment and/or employment.

(18) Scientific misconduct, misconduct in ccience. fabrication, falsification, plagiarism or other practices that seriously deviate from those that are commonly accepted within the scientific community for proposing, conducting, or reporting research. It does not include honest errors or honest differences of interpretations or judgments of data (42 CFR 50.102). This definition also includes "research misconduct" that is defined as fabrication, falsification, or plagiarism in proposing or performing research funded by national science foundation (NSF), reviewing, research proposals submitted to NSF, or in reporting research results funded by NSF (45 CFR 689.1).

(19) Suspension. An immediate, interim action employed by the dean of the college or the provost of the university pending a full investigation and disposition of charges brought against a faculty member. The suspension may result in the faculty member being relieved from some or all of his/her duties. Suspension may be automatic or discretionary.

(D) General considerations

(1) Public statements

Public statements on behalf of the university may be made only under the authority of the president.

(2) Confidentiality

The university will conduct all inquiries into charges of misconduct discreetly. This information will be held in confidence to the extent permitted by law. All committee meetings and hearings will be closed.

(3) Protection for wistleblowers

The university will, to the maximum extent permitted by law, protect the privacy of and will not take any adverse action against an individual who, in good faith, makes allegations of misconduct. The university will not tolerate any retaliation by the accused.

(4) Conflicts of interest

The university shall take precautions against real or apparent conflicts of interest on the part of those involved in any investigation or inquiry proceeding. Any person having a conflict of interest must disclose the conflict to the individual responsible for that phase of the proceedings. Objections by the accused to the appointment of a specific inquiry committee or review committee members will be honored if the university concludes that the committee or its member(s) cannot be fair and impartial.

(5) Duty to cooperate

All university employees are required to cooperate in good faith with investigations of possible misconduct.

(6) General counsel

The universitys general counsel will assist during all proceedings (including hearings) by securing, reviewing and maintaining the integrity of evidence, necessary relevant records and materials; and providing consultation to all committees as needed. All final reports will be maintained by the general counsel in a secure manner for at least five years after the termination of the proceedings.

(E) Informal procedures for non-scientific misconduct

(1) If an allegation of conduct constituting just cause that does not involve scientific misconduct has been made against a faculty member, the faculty members department chair or his or her designee shall investigate the matter within thirty calendar days of the report. The department chair or designee will document the allegation and the results of the investigation.

(2) At the conclusion of his/her investigation, the department chair shall provide the faculty member with a written report outlining the allegation and the results of the investigation. The faculty member may submit a written response to the allegation and the results of the investigation to the department chair no later than ten business days from the date the faculty member receives a copy of the written report.

(3) Upon receipt of the faculty members written response or upon expiration of the time period for a faculty member to submit a written response, the department chair will confer with the dean or the deans designee of the respective college to review the allegation, investigation findings and faculty members response, if applicable, to determine if any further investigation or action is required.

(4) If appropriate and after consultation with the dean or the deans designee, the department chair may issue a reprimand to the faculty member. A reprimand may properly be issued if the violation is relatively minor and correctable and if the violation does not pose a threat to public well-being or the university resources. A reprimand will constitute a final, non-appealable resolution of the matter.

(5) If the dean determines that a sanction beyond a reprimand should be considered, an inquiry committee will be convened to undertake a formal investigation and hearing as outlined in paragraph (F) of this rule.

(6) If the faculty member charged with misconduct is a department chair or in the decanal line, the dean or the deans designee will conduct the investigation and make a determination if further action as set forth herein is required.

(F) Formal proceedings

(1) Preliminary inquiry for allegations of scientific misconduct

(a) Allegation(s) of scientific misconduct must be submitted in writing to the dean as soon as possible. Upon such notification, the dean shall provide written notice to the provost of the university and the accused of the charges and a summary of the supporting evidence or investigative reports, if any, no later than five business days after the deans receipt of the allegation(s).

(b) No later than five business days from the date the provost receives the written allegation, he/she shall appoint a three-person inquiry committee from within the university to advise the dean. The inquiry committee will consist of associate professors and professors from outside the department of the accused. committee members cannot be co-investigators of the accused.

(c) The inquiry committee may consult experts without revealing the name of the accused.

(d) The inquiry committee shall complete the preliminary inquiry, including preparation of a written report, no later than thirty calendar days from the date of the inquiry committee appointment. The report shall summarize what evidence was reviewed, relevant interviews and include the conclusions and recommendations of the inquiry committee.

(e) The accused shall be given a copy of the report and may submit a written response to the report within five calendar days of receipt of the report.

(f) If the preliminary inquiry cannot be completed within thirty calendar days from the date of appointment, the record shall include documentation of the reasons for delay and indicate when the inquiry will be completed. However, the preliminary inquiry must be concluded within forty-five calendar days.

(g) The inquiry committee will make a finding on each charge and will document the reasons for that finding. The committee may recommend in writing to the dean that:

(i) No further proceedings are necessary; or

(ii) Phase II formal proceedings should be initated.

(h) The inquiry committee report, signed by the inquiry committee members, will be submitted to the dean, who will review it with the provost.

(i) The dean will provide written notice to the accused of the outcome of the inquiry and will consider the matter closed or request that the provost convene a review committee within thirty calendar days of the completion of the inquiry.

(j) If the inquiry committee discovers any reason, as outlined in paragraph (B)(7) of this rule, which indicates that the office of research integrity (ORI), national science foundation (NSF), or other appropriate funding agency should be notified, the committee chair must immediately notify the provost and the dean.

(2) Notification of funding agencies

The provost, or designee, will notify the ORI, NSF or other appropriate funding agency if, at any stage of the inquiry or investigation, it becomes apparent that any of the following conditions exist:

(a) There is an immediate health hazard involved;

(b) There is an immediate need to protect federal funds or equipment;

(c) There is an immediate need to protect the interests of the person(s) making the allegations or of the indivicual(s) who is the subject of the allegations as well as his/her co-investigators and associates, if any;

(d) It is probable that the alleged incident will be reported publicly;

(e) There is reasonable suspicion of possible criminal violation; if criminal activity is suspected, the university must inform the funding agency within twenty-four hours of obtaining that information; or

(f) Disclosure of facts that may affect current or potential funding for the individual(s) under investigation or that may compromise the funding agency's ability to ensure appropriate use of federal funds and otherwise protect public interest.

(3) Notification of investigation

If a review committee is convened to consider allegations of scientific misconduct, the provost or his/her designee will notify the appropriate funding agency, in writing of the investigation on or before the date formal proceedings begin. Such notification shall include the name of the person(s) accused, the general nature of the allegations, and the application or grant number(s) involved.

(G) Formal proceedings - review committee

(1) Notification of charges

(a) Within five business days of the decision to convene a review committee, the dean will notify the individual(s) involved, in writing, of the:

(i) Charge(s);

(ii) Names of the review committee members;

(iii) Right to a hearing and the date, time and place of said hearing; and

(iv) Right to attend the hearing; to call witnesses; and to have an individual present designated as counsel who may advise the accused but not address the committee. The accused is responsible for his/her own legal expenses.

(b) Notification will be personally delivered or sent by certified mail, return receipt requested.

(c) Failure of the accused to attend or participate constitutes a waiver of the right to do so and will not delay or impede the process as outlined herein.

(d) The dean may suspend the accused from some or all of his/her duties for the duration of the review. Suspension during this period will be with full pay and benefits unless the law forbids.

(2) The review committee

(a) The provost shall appoint an ad hoc review committee consisting of three members from the ranks of associate professor and full professor. The faculty on the review committee may be drawn from any college of the university.

(b) The committee shall elect its own chair.

(3) Duties of the review committee

(a) The review committee shall conduct an investigation, which shall include examination of documentation it deems necessary to carry out its responsibilities, in whatever format, including, but not limited to: relevant research data and proposals, publications, correspondence, memoranda, records of telephone calls, research notebooks and the inquiry committee's report.

(b) The review committee will provide a receipt acknowledging possession of the materials to the inquiry committee. When requested by the accused, photocopies of written materials taken shall be provided to the accused. Other evidence will be made available for review under controlled conditions.

(c) The review committee may request supplemental written material and seek the advice of content expert consultants.

(d) The committee must carry its investigation through to completion and pursue diligently all significant issues. (In cases of scientific misconduct, if for any reason the investigation is terminated prior to its completion, the funding agency must be notified.)

(4) Hearing procedures

(a) The review committee shall conduct hearing(s) that are closed to the public at which the review committee chair shall:

(i) Call witnesses who will present any relevant information and evidence (prior to the hearing, the accused will be provided with a list of known witnesses);

(ii) Allow the Accused to present any relevant information and evidence including necessary witnesses and physical evidence, and cross-examine witnesses;

(iii) Allow for the committee members to question the accused, witnesses and review evidence presented; and

(iv) Cause a verbatim transcript to be kept.

(b) The accused may have counsel present to advise his or her client at a hearing, but counsel may not participate in the presentation or questioning of witnesses.

(c) The dean has the right to attend the hearing but not the committee deliberations.

(d) The verbatim transcript of the hearing will be available for review by the committee and the accused. A copy will be made available to the accused upon request.

(5) Deliberations by the review committee

(a) The review committee shall meet in executive session to consider all relevant information obtained during the investigation as outlined in paragraph (G)(8) of this rule including evidence obtained at the hearing, if one was held, and any written response to the charge(s) by the accused. The review committee may invite content experts, scientific consultants, general counsel, and appropriate support staff to attend the deliberations as necessary.

(b) Each of the charges will be considered separately. One of two findings is possible:

(i) The evidence does not support the allegations(s); or

(ii) The evidence does support the allegations(s).

(c) The standard of proof on each of the charges will be the preponderance of evidence standard. The review committee will attempt to reach a consensus on each of the charges, and where consensus is not achieved, the decision will be made by majority vote, and an anonymous record of the vote will be kept.

(d) The review committee must maintain documentation to substantiate its findings.

(e) The review committee shall take no more than ninety calendar days from the date of appointment to complete the investigation, conduct the hearing, prepare a report of its findings, and report its findings and any recommendations to the provost and the dean. All review committee members shall sign the report.

(f) Within five business days, the dean or designee shall consider the review committee's report and determine what sanction, if any, is appropriate.

(g) The provost and the accused will receive a copy of the dean's decision.

(h) The decision of the dean is final unless appealed as outlined herein.

(6) Extensions and progress reports

If the provost determines at the end of the ninety calendar days that the review committee cannot complete its work to allow a decision within a one hundred twenty calendar day period:

(a) The provost must submit to the funding agency a written request for an extension and an explanation for the delay that includes an interim report on the progress to date and an estimate of the date of completion.

(b) If the extension is granted, the provost must file periodic progress reports as requested by the funding agency.

(7) Final report

The final report by the provost to the funding agency, due within one hundred twenty calendar days from the day the investigation begins, must describe:

(a) The policies and procedures under which the investigation was conducted;

(b) How and from whom information was obtained relevent to the investigation; and

(c) A description of any sanctions applied by the university.

(8) Appeal procedure for scientific misconduct

(a) If a sanction other than a reprimand is applied, a faculty member may appeal the decision(s) in writing to the provost within ten business days of receipt of the report from the dean.

(b) In case of an appeal, the provost may appoint a committee to assist him/her in considering the appeal.

(c) The provost shall within thirty calendar days:

(i) Consider all relevant reports;

(ii) Sustain, overturn or modify the decision of the dean and so notify the accused and the dean; and

(iii) File the final report with the funding agency if appropriate.

(d) The decision of the provost is final.

(H) Suspension of faculty

(1) Automatic suspension

A faculty member will be automatically suspended by the dean if the:

(a) Faculty member's narcotics license has been revoked for inappropriate use;

(b) Faculty member is convicted of or pleads guilty to a felony; or

(c) Faculty member's license to practice has been permanently revoked.

(2) Discretionary suspension

A faculty member may be suspended by the dean if the:

(a) Faculty member's license to practice is suspended, revoked, limited, or if the faculty member is placed on probation by the state licensing board;

(b) Faculty member's hospital privileges, if applicable, to practice have been suspended, revoked, or he/she is placed on Probation, with the exception of medical records deficiencies; or

(c) Faculty member has been accused of conduct that, if true, would constitute grounds for the suspension, revocation or limitation of the faculty members license to practice and if in the deans judgment, there appears to be sufficient grounds to support such an accusation.

(3) Suspensions lasting over a year

If the suspension of a nontenure-track faculty member exceeds a year in length, the faculty member's appointment will be withdrawn.

Last updated February 5, 2024 at 5:50 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-91 | Faculty improvement program.

• Effective: February 14, 2019
• Promulgated Under: 111.15

(A) Purpose

In accordance with the Revised Code, the board of trustees of the university has established a program of professional leave so that members of the tenure-track faculty may periodically take advantage of opportunities for professional growth not available within this university.

(B) Scope

The plan for leave must demonstrate a benefit for the respective college and the university.

(C) Definitions

(1) Academic years of teaching service. Fiscal years during which a tenure-track faculty member was employed and provided full-time service to the university. Six full calendar years of service equal seven academic years of teaching service.

(2) Full-time faculty members. For purposes of this rule, are full-time tenure track faculty, paid directly by the respective college.

(D) Body of the rule

(1) Eligibility for professional leave

(a) A full-time member of the faculty with at least seven academic years of teaching service at the university may be granted professional leave to enhance professional growth for a period not to exceed one academic year to engage in further education, research or other activity approved by the board of trustees. Such leave must be recommended by the president and approved by the board of trustees.

(b) If the faculty member demonstrates that a project is better served by dividing the leave over two academic years, a split leave may be permitted at the discretion of the president and the board of trustees, provided that such an understanding is reached before the initial leave is approved.

(c) Professional leave shall not be granted for the sole purpose of acquiring an advanced degree.

(d) A faculty member who has been granted a professional leave must complete another seven years of service at the university before becoming eligible for another grant of professional leave.

(e) Approved extramural activities in connection with specific research, scholarly or creative efforts shall not reduce eligibility for a professional leave.

(2) Compensation and other benefits

(a) The university will pay the faculty member during a period of professional leave a salary not to exceed the amount that would have been paid for the performance for regular service during the period of the leave. A faculty member may receive full salary for a period not to exceed six months. If the period of professional leave extends beyond six months, the six months' salary will be prorated over the entire period of leave (e.g., full salary for six months; half salary for twelve months; two thirds salary for nine months).

(b) During the period of professional leave, the faculty member will continue to participate in the faculty benefits program and will accumulate service credit toward retirement as provided in the Ohio Revised Code.

(c) No professional leave will be granted that requires a permanent compensating addition to the faculty or staff of the university.

(3) Procedure for application and selection

(a) Application for professional leave shall be made through the department chair and the dean of the respective college. It shall include a specific plan which shall be submitted at least six months preceding the commencement of the professional leave. Each proposal shall be forwarded through the dean to the president and will be accompanied by a plan describing how the faculty member's teaching responsibilities will be assumed. The president will transmit the proposals he/she approves to the board of trustees for final action. At any level of this review process a faculty review committee may be appointed to assist in reaching a decision.

(b) If the faculty member's proposal is not approved, specific reasons for disapproval will be given in writing to the applicant.

(4) Accountability

(a) Faculty members who have been granted professional leave will be required to render at least one year of academic service at the university upon return from leave. Faculty members who do not render the required service upon return from leave may, at the dean's discretion, be required to reimburse the university for salary received while on leave.

(b) Within six months after returning from leave, the faculty member shall submit to the president, the dean of the respective college, and the department chair a report describing the accomplishments resulting from the professional leave.

(5) Board authorization

The board of trustees authorized the administration to establish and implement the provisions related to the faculty improvement program as necessary to carry out this rule without further ratification or action required by the board of trustees.

Last updated November 17, 2023 at 10:40 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-105 | Administration of surveys.

• Effective: April 22, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to provide guidance and oversight in the management of surveys that have NEOMED students as their target population. By requiring that these surveys be registered, the university will be better able to guard against the over-surveying of students, manage the frequency and timing of Surveys, and maintain an up-to-date catalog of all surveys being disseminated to NEOMED students.

(B) Scope

This rule applies to all persons, internal and external to NEOMED, who wish to survey NEOMED students. This rule does not pertain to: Surveys originating from accrediting bodies; course event RSVPs; polls or election ballots; intra-course or workshop instruments that are considered assignments (e.g., self-assessments, peer evaluations); or course and instructor evaluations.

(C) Definitions

(1) "Survey" refers to the gathering of information through written (electronic) questionnaires that are distributed to NEOMED students and is inclusive of IRB-approved research survey instruments.

(2) "NEOMED Community" refers to NEOMED students, faculty, and staff.

(3) "Survey registration form" refers to the online form that collects information about Surveys that target NEOMED students.

(4) "Institutional review board" ("IRB") refers to the university body that governs research in which human subjects are involved to ensure that the rights and welfare of those participants are protected while participating in such research.

(5) "Research" refers to a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Activities that meet this definition constitute research for purposes of this rule, whether or not they are conducted or supported under a program that is considered Research for other purposes. For example, some demonstration and service programs may include research activities. (Language taken from the NEOMED IRB procedure manual).

(D) Procedure statement

(1) Survey registration

(a) For surveys that have the potential to involve human subjects research, those wishing to conduct a survey must confer with the NEOMED IRB for review and approval. If the survey study constitutes research, the party must forward evidence to the office of institutional research that IRB approval was granted.

(b) Completion of the survey registration form is required for surveys being administered to NEOMED students. Information entered into the survey registration form will become part of a catalog of all surveys administered to NEOMED students.

(c) College-specific review of survey registration forms must be completed before any survey can be disseminated to NEOMED students. The institutional research office will coordinate the review with the colleges whose students are the target audience of the survey.

(d) Review of survey registration forms by institutional research and the respective college(s) will be done within five business days from the submit date. Parties wishing to conduct surveys should therefore complete the survey registration form as early as possible before the desired launch date. The institutional research office will communicate the results of the review to the party submitting the survey registration form.

(e) Review of prospective surveys are done to ensure they are not an unnecessary burden on the target population whether from redundancy of content or conflicts with other events in the academic calendar. The review will consider, at a minimum, the following matters:

(i) The purpose of the survey;

(ii) The target recipients to the survey;

(iii) The timing of the survey administration;

(iv) The frequency of survey re-administrations; and

(v) Whether recent surveys had overlapping purpose(s).

(2) Survey administration

The institutional research office provides overall administrative oversight for campus survey use. Although parties seeking to conduct surveys are expected to build their own survey instruments, the institutional research office is available for advice and consultation on survey development. College-level personnel will also respond to survey-related questions from members of their college.

(a) NEOMED community members, except in exceptional circumstances, are expected to build their surveys in qualtrics, which is the university-designated survey platform. Having a single survey platform allows for consistency in data collection and analysis, saves time and resources, improves data security, and allows for more efficient monitoring of survey traffic on campus.

(b) All NEOMED community members, who have NEOMED email accounts, can get a free qualtrics account by contacting their college-level qualtrics administrator, or the institutional research office if the community member is not affiliated with a college.

(3) If incentives are offered, the survey tool should acknowledge to all survey recipients that the incentives do not compromise the confidentiality or anonymity of the response.

Failure to adhere to the terms of this rule may result in the inability to conduct future surveys on NEOMED students. Research misconduct as well as any other survey-related misconduct will be handled in accordance with rule 3349-20-62 of the Administrative Code, the university faculty bylaws, the employee handbook and the student handbook, as appropriate.

Last updated April 22, 2024 at 8:35 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 9/25/2023

Rule 3349-3-110 | Electronic signatures.

• Effective: October 21, 2019
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to allow for the use of electronic signatures by methods that are practical and secure, streamline administrative processes, and comply with applicable law.

(B) Scope

This rule applies to all university employees, students, or other individuals using electronic signatures to conduct university business.

(C) Definitions

(1) "Authorization" means an individual has verified permission and requisite authority to sign a record, electronic or otherwise, and/or perform certain operations, including executing agreements to bind the university.

(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

(4) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record or executed or adopted by a person with the intent to sign the record.

(5) "Electronic transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records.

(6) "Permission and requisite authority" means the university official charged with obtaining the signature in the course of executing the specific administrative task on behalf of the university in performance of his/her regular job-related duties shall assume responsibility for defining and executing the practice of using electronic signatures as defined in this rule.

(D) Rule statement

(1) An electronic signature may be accepted in all situations when the requirement of a signature or approval is stated or implied, except when law or regulation specifically requires a handwritten signature.

(2) The university official charged with executing the administrative task on behalf of the university may identify specific transactions to be executed by electronic signature.

(3) The university official charged with executing the administrative task on behalf of the university may identify specific transactions that shall not be executed by electronic signature.

(4) Nothing in this rule shall limit the university's right or option to conduct a transaction on paper or in non-electronic form, nor affect the university's right or obligation to have documents be provided or made available on paper when required by applicable policies, laws, or regulations.

(5) The university may specify the type of electronic signature required and the manner and format in which the electronic signature must be affixed to the electronic record, and the identity or, or criteria that must be met by, any third party used in facilitating the process.

(6) An electronic signature may not be valid if the individual who signed using such signature did not have authorization by the university to sign an electronic record.

(a) Appropriate procedures must be used to confirm the individual signing the record has the required signature authority.

(b) An electronic signature used by a person without the authority to sign such record, or used on a record for which electronic signature, is not approved by the university, shall not be considered binding on the university.

(7) Falsification of electronic records or electronic signatures is prohibited. It is a violation of this rule for an individual to sign as if they were another individual, and any documents executed under such false pretenses is null and void at the discretion of the university.

(8) Violations

(a) Employees who violate this rule are subject to disciplinary action up to and including termination of employment, and/or potential criminal sanctions under applicable federal, state, and local law.

(b) Students and prospective students who violate this rule are subject to disciplinary action under the student conduct code, and/or potential criminal sanctions under applicable federal, state, and local law.

(c) Other individuals to whom this rule applies who violate this rule are subject to appropriate sanctions, including but not limited to, termination of the relationship and/or potential criminal sanctions under applicable federal, state, and local law.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-125 | Public records.

• Effective: August 22, 2019
• Promulgated Under: 111.15

(A) Purpose

This rule is designed to assist in facilitating prompt access to public records and to ensuring compliance with the Ohio public records act.

(B) Scope

This rule applies to all individuals who manage records of the university.

(C) Definitions

(1) "Records retention schedule" refers to an institutional resource that provides guidance to the university community on the appropriate retention and disposition of records.

(2) "Public record" refers to records that are subject to release under the Ohio public records law.

(3) "Record" refers to any document, device, or item, regardless of physical form or characteristic, including an electronic record, that is created, received by, or comes under the purview of the university which serves to document the organization, its functions, policies, decisions, procedures, operations or other activities of the university.

(D) Rule

(1) Processing requests

(a) The office of the general counsel is the designated office for receiving and reviewing all public records requests. Requests can be made in person, by telephone, or in writing, including email.

(b) If another university department or office receives a public records request, that department or office should refer the request to the office of the general counsel.

(c) Although no specific language is required to make a public records request, the requester must identify the record(s) requested with sufficient clarity to allow the university to identify, retrieve, and review the records.

(d) The requester does not have to put a public records request in writing and does not have to provide their identity or the intended use of the requested public record(s). The university is permitted to ask for a written request, the requester's identity, and/or the intended use of the information in certain circumstances.

(e) The university is not obligated to create a new record containing the information requested or to perform research in response to a public records request.

(f) The university is not obligated to continue to update the requestor if new records are created after the record(s) are provided to the requestor.

(g) A university employee may accompany the requester while the requestor is inspecting university records.

(h) The university may not limit the number of public records requests that a single individual can make, nor limit the number of public records that will be made available during a fixed period of time.

(i) When a public records request is made to examine a personnel file of a current employee, the university will make a good faith effort to inform the employee whose file is the subject of the request.

(j) Requests for the release of records that are made through releases, subpoenas, or discovery efforts will be managed by the office of the general counsel and the affected department or office where the records are located.

(2) Electronic records

(a) Electronic records, such as email, text messaging, and instant messaging, including those sent and received via a hand-held communications device, are to be treated in the same fashion as records in other formats (i.e. paper, audiotape).

(b) All university employees are required to manage their email and other electronic records in accordance with the northeast Ohio medical university (NEOMED) records retention schedule and rule 3449-3-175 of the Administrative Code.

(c) Content transmitted to or from private accounts or personal devices that constitutes a public record is subject to disclosure.

(3) Response timeframe

(a) NEOMED public records are to be available for inspection during regular business hours.

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

(4) Denial and redaction of records

(a) Ambiguous or overly broad requests may be denied. The university will provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained and accessed by the university.

(b) Certain records, or portions of a record, are exempt from disclosure. Exempt portions of a record will be redacted. Any redactions will be plainly visible and explained to the requester with citation to the associated legal authority.

(5) Costs for copying and mailing of records

The university may require prepayment of costs associated with producing copies and delivery and may charge only its actual cost of producing copies of the records, including copying and mailing expenses.

(6) Managing records

Records are subject to the NEOMED records retention schedule and are managed in accordance with rule 3449-3-175 of the Administrative Code.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-140 | Tobacco-free rule.

• Effective: February 5, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to implement a campus wide tobacco-free rule consistent with the provisions set forth in Chapter 3794. of the Revised Code and the Ohio board of regents resolution promoting tobacco free Ohio campuses, issued on July 23, 2012.

(B) Scope

This rule applies to all individuals who are present on the university campus, including but not limited to employees, students and visitors who may be located inside or outside of any buildings, residences, or parking lots located on the university campus.

(C) Definitions

(1) "Smoking" refers to inhaling, exhaling, burning, or carrying any lighted or heated product intended for inhalation in any manner or any form. "Smoking" also includes the use of an apparatus, including but not limited to, an electronic smoking device, mod box, or electronic nicotine delivery system that creates an aerosol or vapor, in any manner or in any form, or the use of any other smoking device for the purpose of circumventing the prohibition of smoking in this rule. "Smoking" does not include the burning of incense in a religious ceremony.

(2) "Tobacco use" for the purposes of this rule means the use of nicotine, tobacco-derived or containing products, and plant-based products including products intended to mimic tobacco products, oral tobacco, or other similar products.

(D) Rule

(1) Restrictions. To protect the health and safety of our faculty, staff, students and visitors, all property on the university campus is designed as a non-smoking, tobacco-free area. Smoking or tobacco use is prohibited anywhere on the NEOMED campus. This rule is applicable to the inside and outside of all buildings, any parking areas, all vehicles on campus and any personal residence.

Consistent with this rule, university groups or members of the public that schedule indoor or outdoor spaces for approved functions on the university campus are prohibited from allowing smoking or permitting tobacco use during their function.

(2) Enforcement. People who repeatedly refuse to abide by the tobacco-free environment established by this rule will be referred to the following reporting authorities for further action:

(a) Students will be reported to the chief student affairs officer for handling in accordance with the student handbook.

(b) Faculty and staff will be reported to human resources for handling in accordance with the university faculty code of professional conduct or the employee handbook, as appropriate.

(c) Visitors, contractors and guests who are in violation of this policy should be immediately reminded of it and directed to comply. Continued violation of this policy may result in further action as deemed necessary by the appropriate personnel.

Last updated February 5, 2024 at 5:50 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-145 | Naming university property.

• Effective: February 14, 2019
• Promulgated Under: 111.15

(A) Purpose

To establish rule guidelines for the naming of a building, a portion or wing of a building, or outdoor space on the Rootstown campus in recognition of contributions to the university or the university foundation "the foundation".

(B) Scope

Any individuals or entities that have made significant financial or service-based contributions to the university or the foundation in compliance with the criteria set forth in this rule.

(C) Definitions

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

(D) Rule statement

(1) Individuals or entities who make a significant contribution to the university or the foundation may be afforded an opportunity to have a building, portion of a building, or an outdoor space named in their honor based on the nature and amount of their contribution.

(2) Naming opportunities. The university advancement office, leadership of the foundation, and other university leadership members will submit recommendations to the president of the university based on the contribution.

(3) Criteria. The criteria for naming university property or space differs based on the nature of the contribution.

(a) Financial contributions. The financial contribution may be in the form of cash, marketable stocks or securities, shares of mutual funds or exchange traded funds; bonds or other fixed securities; a binding commitment/agreement through a bequest included in a last will and testament; an irrevocable or paid up life insurance rule; real estate; personal property or equipment of substantial value to be used by the university, or other marketable physical assets, which can be easily liquidated by the foundation. The transfer of the assets must be completed prior to the naming of the facility. This delivery can also be achieved by the irrevocability of the gift to the university based on a future payment through an estate or proceeds from a life insurance rule.

(i) Amount of necessary for naming a building. The financial contribution must be greater than or equal to twenty-five per cent of the construction costs and be at least one million dollars in value.

(ii) Amount necessary for naming a portion of a building, a renovation of an existing building or outdoor space. The financial contribution must be greater than or equal to twenty-five per cent of the original construction costs or a value estimated by the university when the actual construction cost cannot be determined.

(b) Service contributions. In order to name a facility based upon a level of service, the contribution must:

(i) Be substantial and have had a major positive impact on the direction of the university; and

(ii) Be of an order that without the contribution, the university would have been negatively impacted in a substantial way.

(4) Approval. The approval required for awarding naming rights to an individual or entity differs based on the nature of the contribution and the property being named.

(a) Financial contributions related to a building. When naming a building based on a financial contribution, the president makes a recommendation to the university board of trustees. The university board of trustees will review the recommendation, and if they find the recommendation appropriate, will provide final approval.

(b) Financial contributions related to portions of a building or outdoor space. When naming a portion of a building or outdoor space, the president of the university provides final approval.

(c) Service contributions. When naming a facility for service contributions, the president makes a recommendation to the university board of trustees who provides final approval.

(5) Revocation of naming rights and adjustments. Naming rights may be revoked at the discretion of the president of the university or, as appropriate, the university board of trustees, due to public or private actions by the donor that could reflect negatively on the university. Failure of the donor to complete any condition or scheduled action concerning the contribution that was the inspiration for the naming opportunity may also result in revocation or adjustment to the naming.

(6) Recognition. To recognize the naming of a facility, the university may place an appropriate signage, work of art or other physical identifier acknowledging a donor's contributions to the university. The recognition will be commensurate to the contribution.

(7) Exceptions to the rule. The university board of trustees may deviate from any of the criteria or requirements set forth in this rule.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-150 | Awarding of honorary doctoral degrees.

• Effective: February 14, 2019
• Promulgated Under: 111.15

(A) Purpose

To establish a rule governing the process through which the university may award an honorary doctoral degree to an individual.

(B) Scope

Any individual who has demonstrated excellence or achieved exceptional distinction in his/her field of endeavor including medicine, research, public service, creative arts, and business and/or industry.

(C) Definitions

(1) Honorary doctoral degree - a collegiate designation conferred upon a person who has achieved excellence or exception distinction in his/her field of endeavor.

(2) Honorary doctoral degree committee - the university body that reviews all nominations for receipt of an honorary doctoral degree and makes a determination as to which nominee will be recommended to the board of trustees as the recipient for that year. The honorary doctoral degree committee consists of: the chairman of the board of trustees; the chairman of the academic and scientific affairs committee of the board of trustees; the university president; and three senior faculty members representing the three divisions of the faculty.

(D) Body of the rule

(1) Criteria. The recipient of an honorary doctoral degree must exemplify the purpose and ideals of the college of medicine, college of pharmacy, or college of graduate studies. The achievements cited must represent contributions beyond expected high standards of the profession of the academic world and may only be awarded to a person before the end of his/her career if accomplishments are eminent or activities are worthy of highest commendation. The university would only consider awarding an honorary doctoral degree to a college of medicine, college of pharmacy, or college of graduate studies employee under the most extraordinary of circumstances. The recipient need not have an earned degree as a prerequisite.

(2) Nominations for an honorary doctoral degree. Nominations are to be submitted to the office of the president prior to January first each year. Letters of nomination, accompanied by the nominee's curriculum vitae, must cite the importance of the achievements and the reasons why the individual should receive an honorary doctoral degree. Nominations will remain active for five years.

(3) Consideration and award. The honorary doctoral degree committee will screen all nominations to determine which nominees merit further consideration. If further consideration is deemed appropriate, additional letters of support and other appropriate materials will be requested. If the honorary doctoral degree committee identifies a candidate for an honorary doctoral degree, the committee will submit its recommendation to the chairman of the academic and scientific affairs committee prior to February first. The academic and scientific affairs committee will forward its recommendation to the board of trustees for consideration.

(4) Awarding of degree. Honorary doctoral degrees will be awarded during the universitys commencement proceedings in the spring.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-175 | Records management.

• Effective: August 26, 2019
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to establish economical and efficient methods related to the creation, utilization, maintenance, retention, preservation, and disposition of records and to document the methods necessary to comply with the northeast Ohio medical university (NEOMED) records retention schedule.

(B) Scope

This rule applies to all individuals involved in creating, receiving, accessing, using, or maintaining records.

(C) Definitions

(1) "Departmental archive" refers to the physical and/or digital space designated by each university department and office for the appropriate preservation of permanent records.

(2) "Departmental records manager" refers to the university employee from each department or office of record origin designated to assist with the university's compliance with regulatory records management requirements and facilitates the appropriate retention and disposition of records.

(3) "Disposal method" refers to the appropriate means of destruction based upon the university data within a record and the medium (i.e. Electronic, paper) in which it exists. These disposal methods include, but are not limited to, shredding, recycling, electronic deletion or destruction, wastebasket disposal, and transfer to the respective departmental archive.

(4) "Disposition" refers to what is finally done with a record, whether it be ultimate destruction or transfer.

(5) "Document imaging" refers to the conversion of paper-based records to digital, imaged electronic records.

(6) "Electronic record" refers to any record created, generated, sent, communicated, received or stored by electronic means. (e.g., electronic mail ("email"), databases, document images, word processing documents and spreadsheets and material secured through blockchain technology).

(7) "Legal or litigation hold" refers to a restriction on a record that exists as a result of current or anticipated litigation, audit, government investigation, or other such matter that suspends the normal disposition or processing of records.

(8) "Records retention schedule" refers to an institutional resource that provides guidance to the university community on the appropriate retention and disposition of records.

(9) "Non-record" refers to any document, device, or item, regardless of physical form or characteristic, including an electronic record that does not meet the "record" definition (e.g., personal notes to assist in recalling events, copies of records, or library materials kept for reference).

(10) "Permanent record" or "archival record," refers to a record that is retained permanently by the university within a departmental archive for its significant administrative, legal, fiscal or historical value.

(11) "Public record" refers to records that are subject to release under the Ohio public records law.

(12) "Record" refers to any document, device, or item, regardless of physical form or characteristic, including an electronic record, that is created, received by, or comes under the purview of the university, which serves to document the organization, its functions, policies, decisions, procedures, operations or other activities of the university (e.g., financial records such as requisitions, purchase orders, and invoices; administrative records such as annual reports, university bylaws, and policies; and publications and other items issued by the university.

(13) "Record category" refers to a group of record series having common characteristics and retention periods and is listed within the NEOMED records retention schedule.

(14) "Record series" refers to a group of related records evaluated as a group for retention and disposition purposes.

(15) "Retention period" refers to the minimum period that records should be kept in a certain location or format based on its administrative, legal, fiscal, or historical value.

(16) "Transient record" or "transitory record" refers to a record which is not of long-term value and is not needed to preserve the actions of the university, but exist for short-term usage and/or convenience. (e.g., drafts that are not superseded or updated by other records; phone slips or voicemail; and meeting notices).

(17) "University data" as used and defined within rule 3349-9-15 of the Administrative Code.

(D) Rule statement

(1) Records management program

(a) NEOMED has established a records management program to comply with laws regarding the use of efficient and economical management methods for the creation, utilization, maintenance, retention, preservation, and disposition of records and to document the methods necessary to comply with the NEOMED records retention schedule.

(b) NEOMED's records management program shall be coordinated by the office of compliance and risk management, along with university departments, to ensure compliance with applicable laws and university policies.

(c) Records are the property of NEOMED and the state of Ohio and shall not be permanently removed or destroyed except in accordance with the NEOMED records retention schedule and its associated procedures.

(d) Public records maintained by the university must be made available for public inspection pursuant to the Ohio public records law.

(e) Each university employee is responsible for ensuring that records (including electronic records) within their area(s) are maintained in such a way that they can be identified and retrieved efficiently.

(f) All university employees are required to comply with this rule regarding records management.

(2) Record retention

(a) Records must be managed and retained if there is a legal, financial, administrative, or historical requirement to do so, as set forth in the records retention schedule.

(b) The amount of time that the university must retain records depends upon the legal, fiscal, administrative, and/or historical informational value of the record.

(c) Transient records are not subject to retention beyond the purpose for which they are created and can be disposed at that time; however, if retained, transient records are subject to Ohio public records act.

(d) All university employees must familiarize themselves with the NEOMED records retention schedule and understand what records they create and/or receive and are required to manage.

(e) University departments and offices shall conduct a periodic inventory of their records and align them to the NEOMED records retention schedule.

(f) If an employee identifies records for which there is no established retention period, the employee should contact their departmental records manager. Each departmental records manager will consult with the office of compliance and risk management to determine the appropriate retention periods and disposal method for a given records series.

(3) Record disposition

(a) Disposition of records shall be done in a timely manner and in accordance with the NEOMED records retention schedule.

(b) Prior to disposition, a department or office needs to confirm that the minimum retention period of the records has expired and that there is no legal or litigation hold on the records.

Records that have been placed under a legal or litigation hold by the office of the general counsel must not be disposed of or modified in any manner until the action is adequately resolved or the university general counsel has directed otherwise.

(c) Upon record disposition, each departmental records manager shall sign and maintain appropriate certificate of records documentation, which includes appropriate cataloging information regarding the records being disposed.

(d) The two broad types of disposition available to university departments and offices are:

(i) Record destruction

(a) The appropriate method of destruction is determined based upon the university data within a record and the medium (i.e. electronic, paper) in which it exists. These methods include, but are not limited to, shredding, recycling, electronic deletion, and wastebasket disposal.

(b) If restricted or private data, as defined in the universitys classification of rule 3349-9-18 of the Administrative Code is evident, records should be destroyed by shredding or secure electronic destruction.

(c) A department or office's departmental records manager should complete and forward a certificate of records destruction ("CRD") to the office of compliance and risk management for review and signature before any records are destroyed. Transient records do not require a CRD.

(d) The office of compliance and risk management will conditionally authorize the destruction of records (via the CRD) to ensure that no records are disposed of prematurely or in violation of existing laws or statutes.

(e) University departments and offices are strongly encouraged to conduct a records retention review and corresponding records destruction annually.

(ii) Record transfer

(a) Records of outgoing employees shall be transferred to their successors (or designee, if no successor) and maintained in accordance with the NEOMED records retention schedule.

(b) Records with historical value may be transferred to the respective departmental archive upon the completion and approval of the certificate of records transfer (CRT) by the respective departmental records manager.

(c) If an employee has determined that records should be transferred to a departmental archive, they should consult with their departmental records manager for the appropriate procedures.

(d) Records that are transferred to the appropriate departmental archive become the administrative responsibility of that departmental archive and shall reside permanently in that departmental archive unless otherwise agreed upon.

(e) In order to help guarantee the preservation, integrity, and security of permanent records, access to and inspection of such records housed in departmental archives, whether by the general public or by university employees, shall be conducted on-premise only.

(4) Document imaging and scanned documents

(a) Paper-based records may be converted to an imaged electronic record through document imaging (referred to as a "scanned document") after consulting with the information technology department.

(b) As an electronic record, scanned documents are to be managed in the same manner as records in other formats (i.e. paper, audiotape) and in accordance with the NEOMED records retention schedule.

Supplemental Information

Authorized By: 111.5
Amplifies: 3350.12

Rule 3349-3-180 | Animals on the NEOMED campus.

• Effective: October 21, 2019
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule to establish rules governing the presence of animals on university property. These rules are in accordance with the Americans with Disabilities Act (42 U.S.C. 12101, et seq.) (ADA) which governs the use of service animals by individuals with disabilities and the fair housing act (42 U.S.C. 3601, et seq.) Which governs the use of emotional support animals by individuals with disabilities in housing.

(B) Scope

This rule applies to all individuals bringing animals to the NEOMED Rootstown campus. Specific procedures regarding the presence of animals at any affiliated clinical or experiential educational site is not governed by this rule.

(C) Definitions

(1) "Animal" for the purposes of this rule, refers to any non-research animal.

(2) "Controlled space" refers to any indoor area owned or controlled by the university, and any outdoor area owned or controlled by the university with limitations on use or access (e.g., practice fields, stadiums, farm, tennis courts, etc.).

(3) "Emotional support animal" (ESA) refers to any animal specifically designated by a qualified medical provider that provides emotional support or alleviates one or more of the identified symptoms of a person's disability. ESA's are also commonly known as assistance animals. ESA's are not service animals.

(4) "Handler" refers to an individual with a disability who is the owner or user or trainer of a service animal or ESA, or the owner or individual bringing an animal onto university property.

(5) "Individual with a disability" as used in this rule, refers to the definition proscribed by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

(6) "Pet" for the purposes of this rule, refers to any animal that is not a service animal, program animal or ESA.

(7) "Program animal" refers to animal that participates in an official university service or program. Program animals may include therapy animals.

(8) "Public spaces" for purposes of this rule, refers to public spaces are outdoor areas that are open to the general public.

(9) "Restricted spaces" refers to special purpose spaces such as educational or research laboratories or the comparative medicine unit (CMU).

(10) "Service animal" refers to any dog or, in some circumstances, a miniature horse specifically trained to do work or perform a task for the benefit of an individual with a disability. The tasks performed by a service animal must directly relate to the individual's disability.

(D) Rule

(1) Prohibition

All individuals are generally prohibited from bringing animals into any buildings or other controlled spaces on university property. However, individuals with a disability are allowed to bring service animals and emotional support animals (ESAs) on and/or into controlled spaces as provided below. In addition, faculty, staff and students are permitted to have pets in the village (residential housing) only to the extent permitted by the lease governing their rental agreement.

(2) Service animals

(a) The university welcomes the presence of service animals assisting individuals with a disability on its campus consistent with the provisions of this rule and applicable law. A service animal is generally permitted to be on university property in any place where the animal's handler is permitted to be. In certain limited situations, a service animal may be prohibited from restricted spaces (i.e. laboratories or CMU) for health and safety reasons. The accompaniment of an individual with a disability by a service animal to a location with health and safety restrictions will be reviewed on a case-by-case basis by the appropriate department representative(s) in collaboration with the offices of human resources, environmental and occupational health and safety (EOHS) and/or student services.

(b) A service animal requiring access to restricted spaces that may affect health and safety (i.e. labs, CMU) for an individual with a disability employed by the university must be approved in advance of bringing the animal to those restricted spaces.

(c) Members of the university community are prohibited from interfering in any way with a service animal, or the duties it performs.

(3) Emotional support animals (ESA's)

(a) An approved ESA for an individual with a disability who lives in the village is permitted within the individual's privately assigned living accommodations. However, the following may be considered when determining whether he presence of the animal is reasonable.

(i) The size of the animal;

(ii) Whether the animal is housebroken;

(iii) The status of the animal's vaccinations (if required);

(iv) The animal poses or has posed a direct threat to the individual or others (i.e. Unwarranted aggression and/ or biting); or

(v) The animal causes or has caused excessive damage to property beyond normal wear and tear

(b) An ESA outside the private individual living accommodations must be in an animal carrier or controlled by a leash or harness.

(c) ESA's are not allowed in any other controlled spaces without advance permission.

(d) ESA's are permitted to be in outdoor public areas to the same extent as pets.

(4) Pets

Pets generally are not permitted in or on any controlled space on university property and are permitted only in outdoor areas open to the general public.

(5) Program animals

The use of program animals on university property will be considered on a case-by case basis. The use of program animals must be requested via the animal related program request form.

(6) Handler's responsibilities

(a) A service animal, ESA, program animal or pet must be supervised directly by the handler, and the handler must retain full control of the animal at all times while on university property.

(b) The animal must be in an animal carrier or controlled by a harness, leash or tether, unless these devices interfere with the animals work, the individual's disability prevents using these devices, or the animal is an ESA within the handler's own dwelling. In those cases, the handler must maintain control of the animal through voice, signal, or other effective controls.

(c) Animals may not be left unattended at any time on university property, except for service animals left in the handler's university residence or private office space or ESA's left in the handler's dwelling unit. The service animal or ESA may be left unattended only for reasonable periods of time, as determined by the appropriate university staff based on the totality of the circumstances. The university may request impoundment of an ESA or service animal left for longer than a reasonable period of time. Owners of impounded animals will be held responsible for payment of any impound and/or license fees required to secure the release of their animals.

(d) All handlers are responsible for compliance with state and local laws concerning animals (including registration, vaccinations, and tags), for controlling their animals, for cleaning up any waste created by the animal, and for any damage caused by the animal to individuals or property while on university property.

(7) Requests for accommodation

(a) Employees, students or visitors with service animals are not required to request an accommodation for such animal under normal circumstances. The handler may be asked only the following: what work or task(s) the animal has been trained to perform, and whether the animal is needed because of a disability (if not readily apparent).

(b) If the employee's or student's service animal will need access to restricted areas of campus that may impact health and safety of participants or the animal itself, prior approval is required via an accommodations request through the office of human resources (employees) or student accessibility services (students).

(8) Violations of rule and the removal of animals

(a) Access to university property may be restricted or revoked under the circumstances outlined below. Restrictions or exclusions will be considered on a case-by-case basis. The university reserves the right to remove or exclude an approved animal from university property if:

(i) The animal poses a direct threat to health and safety;

(ii) The handler does not maintain control of the animal, including but not limited to during any interactions with other animals;

(iii) The presence of an animal fundamentally alters a university program;

(iv) Improper/inadequate care of the animal is exhibited, including if the animal is not housebroken;

(v) Damage or harm is caused by the animal; or

(vi) The handler violates any of the responsibilities as outlined in paragraph (D)(6) of this rule.

(b) If the presence of an animal poses a direct threat to the health and safety of others, the university reserves the right to remove or exclude an animal from university property. In such a situation, public safety may be contacted to assist in the removal of the animal. In particular, if a handler's animal is disruptive in the classroom, the instructor may ask the handler and their animal to leave the classroom immediately. If a handler's animal is disruptive in the workplace, the handler's supervisor may ask the handler and their animal to leave the workspace immediately. If a handlers animal is disruptive at a university event, the event organizer may ask the handler and their animal to leave the event immediately.

(c) In all cases, should an animal be excluded, the handler will be allowed continued access to the workplace, educational setting or university setting.

(9) Exclusions

This rule expressly excludes aquarium fish, research animals under the governance of the university's IACUC and any animals used in law enforcement or rescue operations on university property.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-195 | University faculty bylaws - appendix B: appointment, promotion, and tenure.

• Effective: June 11, 2020
• Promulgated Under: 111.15

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated January 24, 2022 at 9:08 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 6/11/2017

Rule 3349-3-200 | Textbook selection.

• Effective: May 17, 2020
• Promulgated Under: 111.15

(A) Purpose

To establish a university-wide rule and procedure regarding academic course textbook selection. The university desires to reduce student costs and increase the accessibility of a NEOMED education. Textbook selection procedures are designed to promote best practices and respond to state and federal textbook affordability initiatives and legislation.

(B) Scope

This rule applies to all colleges for all courses at NEOMED.

(C) Definitions

(1) "Textbook" refers to a text, electronic or print, that a faculty member instructs students to purchase for use as a central learning resource for a course.

(2) "Course" for the purpose of this rule, refers to all course types listed in the university's published course catalog.

(3) "Course director" refers to a faculty member who is responsible for textbook selection for their respective course.

(4) "E-book" or "electronic textbook" refers to an online, electronic version of a print textbook that is made available for student use on the NEOMED library website. E-books may include open-access resources and materials paid for by annual student fees.

(5) "Publisher" refers to a publishing company of a college textbook or supplemental materials involved in retail sale with the NEOMED bookstore.

(6) "Recommended textbook" refers to textbooks that students are not required to purchase upon registering but are recommended as supplements for understanding course learning outcomes. Students cannot use federal financial aid to pay for recommended textbooks.

(7) "Required textbook" refers to textbooks that students are required to purchase upon registering for a course for which they may request federal financial aid.

(8) "Student fees" refers to fees incorporated into the NEOMED students' cost of attendance to cover specific student resources, including certain library educational resources.

(9) "Supplemental materials" refers to additional educational materials meant to accompany a course textbook that may include print materials, electronically distributed materials, website access, or necessary equipment to apply textbook lessons (e.g. stethoscope). Supplemental materials must be designated as required or recommended for federal financial aid allocation.

(D) Textbook selection principles

NEOMED respects the academic freedom of faculty to select any and all textbooks that they deem most appropriate for the academic success of their students and to meet course learning outcomes. Course directors are strongly encouraged to carefully consider the following principles during textbook selection:

(1) Educational purpose and utilization. All textbooks should promote appropriate pedagogical practices and contain the most relevant and up-to-date content for student success in their respective fields of study.

(a) Required textbooks

(i) A significant portion of required textbooks should be heavily utilized as a learning resource throughout the course.

(ii) If a required textbook contains supplemental materials, faculty should be aware of the bundled and unbundled pricing. If all or some of the supplemental materials are deemed unnecessary for course instruction, faculty should either:

(a) Exclude the supplemental material from the reported required textbooks list; or

(b) Contact the NEOMED bookstore or the publisher to acquire only certain available supplemental materials at an unbundled price.

(b) Recommended textbooks

Because recommended textbooks are not covered by federal financial aid, faculty are strongly encouraged to only add recommended textbooks if they offer a significant benefit to student understanding of course learning outcomes and effectively supplement the required textbooks of the course.

(2) Affordability

(a) Pricing. If multiple textbooks are comparable in quality but range in price, course directors are strongly encouraged to choose the textbook that is more affordable to students.

(b) Edition. Publishers are required to report any substantial content revisions from the most current edition to the previous edition of all textbooks. If the previous edition can support academic success in the course and the revisions to the most current edition are not significant, course directors are strongly encouraged to advise their students that previous editions may be available in the NEOMED bookstore at a reduced price.

(c) Format. Course directors are strongly encouraged to consider selecting e-books when available and appropriate. Electronic textbooks are often cheaper for students and may be available through the NEOMED library at no additional cost.

(3) Preferential consideration of NEOMED library resources

(a) Course directors should contact the library to explore the digital and hardcopy resources already available when developing or modifying a course. Some library materials are purchased with student fees, so these materials should be prioritized for use in new courses, if applicable. If a new resource is necessary, it may require review and approval by the university (i.e., library acquisition of the resource, central vs. local management, budget request, incorporation into the student fee structure, etc.).

(b) Course directors should utilize the NEOMED library reference librarian and the NEOMED library collection when engaged in new course development or course modification.

(c) Course directors should utilize open-access, educational resources written by contributing faculty authors from universities across the united states such as openstax and open textbook library.

(d) NEOMED library purchase recommendation form

(i) This form may be utilized to recommend the purchase of textbooks or other library materials. The form must be completed a year before the material is required. All purchasing recommendations are reviewed by the educational resource advisory committee.

(4) Selection transparency

Course directors are strongly encouraged to discuss the reasoning for selecting course textbooks with their students. Textbooks are a significant expense, so students should fully understand the decisions behind the selection of their course materials.

(E) Textbook selection and reporting procedure

The following procedure must be followed by the faculty of all colleges:

(1) Selection

(a) Textbooks are selected by course directors.

(b) Course directors are responsible for meeting any deadlines of the authorities in their college for textbook selection, syllabus approval, and textbook list reporting.

(c) Additional approval may be required from the college dean before selecting a textbook by a faculty author.

(2) Approval

(a) Course syllabi and their corresponding textbook selections must be approved by the appointed authority in each college:

(i) College of medicine syllabi and textbook selections are approved by the curriculum management and assessment committee.

(ii) College of pharmacy syllabi and textbook selections are approved by the curriculum committee.

(iii) College of graduate studies syllabi and textbook selections are approved by the graduate faculty council.

(b) During the approval process of a new course, the respective approving body is highly encouraged to consider ways in which the textbooks for the course can be made more affordable for students.

(3) Reporting

(a) All colleges must compile and report a complete list of courses and their corresponding required textbooks for the following academic year to the office of financial aid, the NEOMED library, and the NEOMED bookstore by March first. The following information must be included for each course within the college:

(i) Course name

(ii) Required textbooks

(a) Title

(b) Author

(c) Edition number

(d) International standard book number (ISBN)

(e) Format (e.g. e-book, library resource, print)

(iii) Supplemental materials that should be made available to students for purchase at the NEOMED bookstore.

(b) Elective courses should be included in the textbook list reported by colleges for the following academic year.

(c) Course directors with textbook lists that are expected to incur zero cost to students or include solely electronic textbooks are still expected to report their textbook list.

(d) For any unreported courses, it will be assumed that the textbook list will remain the same for the following academic year as it is in the current academic year.

(4) Publishing

(a) To ensure compliance with federal financial aid requirements, a complete list of textbooks by course with all required information, in addition to retail price, must be published for student access before March fifteenth on the NEOMED website.

Retail price will be determined and reported by the NEOMED bookstore to the office of financial aid based on publisher and distributor pricing for the purpose of calculating student cost of attendance.

(b) Any information unable to be published for student access should be labeled as "to be determined" until the course director reports the necessary information for the course to the office of financial aid and the NEOMED bookstore.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-3-201 | Expressive activity and harassment.

• Effective: August 29, 2022
• Promulgated Under: 111.15

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated December 6, 2023 at 10:17 PM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 4/12/2021

Rule 3349-3-202 | Free speech on campus.

• Effective: September 5, 2022
• Promulgated Under: 111.15

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated December 6, 2023 at 10:17 PM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12