This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3349-7-01 | Definitions.
Effective:
October 28, 2010
(A) Purpose To promote clarity in the university's human
resources rules. (B) Scope The definitions set forth in this rule have
applicability to all university rules, unless an alternative definition is
specified within the rule for specific application to the issue being
addressed. (C) Definitions (1) "Appointing
Authority" refers to the person who has the power to appoint or remove an
employee from a given position within the university based on a delegation of
authority by the university's board of trustees pursuant to the powers
granted to the board of trustees by division (F) of section 124.14 of the
Revised Code. For unclassified hourly employees and for classified civil
service employees of the university, the appointing authority is the director
of human resources. For administrative staff, the appointing authority is the
division director in which a given department or other organizational unit is
located. For faculty, the appointing authority is the dean of the respective
college. (2) "Board of
Trustees" ("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) "Break in
Service" is a separation from public service of thirty-one days or more.
Any university approved leave of absence, or any separation from service which
carries the right to reinstatement, or reemployment shall not constitute a
break in service; so long as the employee is reinstated or reemployed within
the allowable time. The time the employee was on leave of absence or was
separated shall not be counted in the calculation of retention points for
continuous service. (4) "College"
means an academic unit headed by a chairperson or director. (5) "Continuous
Service" means service with a state of Ohio agency, an Ohio county office,
or a state of Ohio supported college or university without a break in
service. (6) "Day(s)"
mean calendar days, unless otherwise specified. (7) "Dean"
means the chief academic unit headed by a chairperson or director. (8) "Department" means an academic unit headed by
a chairperson or director. (9) "Educational
Records" means those records, files, documents and other materials which
contain information directly related to a student and are maintained by a
college, school, department, office or other university organization,
subdivision or by a person acting for the university or any of its
subdivisions. (10) "Full-Time
Employee" is an employee whose regular hours of duty total eighty hours in
a bi-weekly pay period. (11) "Immediate
Supervisor" is the person who directs or oversees the work of
another. (12) "Normal Working
Hours" are established from eight a.m. to five p.m. unless otherwise
directed by the immediate supervisor. (13) "Part-Time
Employee" is an employee whose regular hours of duty are less than the
eighty hours in a bi-weekly pay period. (14) "Persona Non
Grata" means that a nonstudent has exhibited behavior which has been
deemed detrimental to the university community and thus is no longer permitted
to frequent or be present in any or specified university
locations. (15) "President" means the president of the
university. (16) "Rootstown
Campus" includes all of the real property, buildings and equipment owned
by or for the benefit of the university that are located in Rootstown township,
Portage county, Ohio. (17) "Senior
Administration" or "Leadership Team" are those individuals so
designated by the president. (18) "Student"
means any person admitted or enrolled at the university in any of its courses
or programs. (19) "University" is the state supported higher
education entity organized under the authority created by section 3350.10 of
the Revised Code. (D) Rule statement (1) Words have their
ordinary and widely accepted meaning unless the word or phrase has been
assigned a specific meaning in federal laws and regulations, the Revised Code,
the Administrative Code or university rule. (2) The university hereby
adopts the definitions set forth in federal laws and regulations, the Revised
Code and the Administrative Code, as it applies to the university, as may be
amended from time to time, unless the university has specifically adopted
another definition for the term within this rule or any other rule of the
university. This rule and each specific rule of the university should be
consulted as necessary to determine if the university has given the word or
phrase specific meaning. (3) The administration of
the university is hereby delegated the authority to amend these definitions as
necessary to the further purpose, goals and mission of the
university.
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Rule 3349-7-03 | Academic faculty file.
Effective:
September 25, 2023
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
Last updated February 9, 2024 at 11:25 AM
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Rule 3349-7-05 | Access to employee personnel records.
Effective:
October 28, 2010
(A) Purpose To provide guidelines for employees to access
their personnel records; to provide criteria for the review by other management
personnel; and to prescribe the information that may be contained in personnel
records. (B) Scope This rule applies to the personnel records of all
employees, including but not limited to faculty, administrative staff,
unclassified hourly employees, classified civil service employees, and student
employees. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "Personnel
Records" identify the employee, contain information used to populate the
university's human resource database, and to document the employee's
qualifications for employment, promotion, transfer, additional compensation, or
disciplinary action. (3) "Medical
Records" refers to any documentation concerning the medical history,
diagnosis, prognosis, or medical condition of an employee created and
maintained in the process of medical treatment. (4) "Intellectual
Property Records" refers to a majority of research based documentation,
other than financial and administrative data, that has not previously been
publicly released, published, or patented. (D) Rule statement (1) Personnel records are
maintained in the department of human resources and are available to the
employee, or a person specifically authorized in writing by the employee to
review or receive such information; and, to any management official who has a
legitimate, verifiable need to know specific information about the employee.
Telephone requests for information from outside the university shall be limited
to verification of employment dates and job title. (2) An employee's
personnel record shall contain necessary job-related and personal information,
including but not limited to, identifying information, such as the
employee's name, address, and job title; any employment applications,
position descriptions, compensation records, information pertaining to benefit
enrollment, disciplinary records, attendance records, confidentiality
agreement, performance appraisals, university sponsored employee certificates,
acknowledgements of university rules and procedures, and any other job-related
information. The following documents shall not be contained in an
employee's personnel record: payroll records, medical records,
intellectual property records, and attorney-client privileged
communications. (3) Some items in the
employee's personnel record are subject to disclosure pursuant to a public
records request. However, if the information contained in an employee's
personnel file does not serve to document the activities of the university, the
item in a personnel file is not public record and does not need to be
disclosed. Before personnel records are disclosed pursuant to a public records
request, the university's office of the general counsel shall review the
public records request and respond accordingly. (4) Each employee shall
have only one personnel record. Personnel records will be retained by the
university's department of human resources for six years from the date of
separation. Employees may review their own personnel records one time per
calendar year in the university's department of human resources at a
mutually established time and place.
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Rule 3349-7-10 | Affirmative action, equal employment opportunity and non-discrimination/harassment.
(A) Purpose To establish an affirmative action, equal
education and employment opportunity, and non-discrimination/harassment rule to
promote compliance with state and federal laws as well as reinforce
university's commitment to maintaining a professional and collegial work
and learning environment in which all individuals are treated with respect and
dignity. Every individual has the right to work and learn in a professional
atmosphere. (B) Scope This rule applies to all students, faculty,
staff, employees and applicants for employment or admission to the university
and its programs. (C) Definitions (1) "Abusive/bullying behavior" is the persistent
use of offensive conduct that gradually undermines an individual's
self-esteem and confidence. Abusive or bullying behavior is different than that
of constructive criticism or counseling to address and improve performance.
Abusive or bullying behavior is unprofessional and inappropriate for the
workplace. (2) "Affirmative
Action" is required under executive order 11246. It is designed to promote
equal educational and employment opportunities for protected class members in
all policies and decisions affecting employment and education. (3) "Applicant"
is an individual who has applied for either a specific position at the
university, or who has applied for admission to the university. (4) "Discrimination" occurs when an adverse
employment or education action is taken that is based upon a protected
class. (5) "Equal Education
Opportunity" means that all persons in a protected class shall have equal
access to participate in educational activities. (6) "Equal
Employment Opportunity" means that all persons in a protected class shall
have equal access to positions at the university, limited only by their ability
to do their job. (7) "Harassment" is an unwelcome, verbal or
physical conduct that is sufficiently severe, persistent, or pervasive that it
unreasonably interferes with, denies, or limits a protected class member's
ability to participate in or benefit from the university's education and
employment programs or educational activities. The harassment is can form the
basis for differential treatment or the creation of a hostile
environment. (a) Harassment can include conduct that is deemed by the
university to be harmful, threatening, abusive, vulgar, obscene, or
hateful. (b) The conduct alleged to constitute harassment under this
rule will be evaluated from the prospective of a reasonable person similarly
situated to the complainant, in consideration of all the facts and
circumstances. (c) Harassment must be distinguished from behavior which,
even though unpleasant or disconcerting, is appropriate to the carrying out of
instruction, advisory, or supervisory responsibilities. (d) This definition does not include sexual harassment. See
rule 3349-10-75 of the Administrative Code. (8) "Protected
Class" and "Protected Status" are defined by state and federal
law to include age, color, disability, gender identity or expression, genetic
information, national origin, race, religion, sex, sexual orientation,
transgender status, status as a parent during pregnancy and immediately after
the birth of a child, status as a parent of a young child, status as a foster
parent, or veteran status. (D) Rule statement (1) The university is an
equal education and employment institution operating under nondiscrimination
provisions of Title 41, Ohio Revised Code; Titles VI, VII of the Civil Rights
Act of 1964, as amended; and Title IX of the Educational Amendments of 1972, as
amended; Executive Order 11246, as amended; Vocational Rehabilitation Act
section 504; Vietnam Era Veterans' Readjustment Act, as amended; Age
Discrimination in Employment Act of 1967, as amended; Title II of the Genetic
Information Nondiscrimination Act of 2008; State of Ohio Executive Order
2019-05D; State of Ohio Administrative Policy HR-14; and Americans with
Disabilities Act, as amended as related to admissions, treatment of students,
programs and activities, and employment practices. (2) University seeks to
promote an environment in which all students, faculty and staff interact on the
basis of individual strengths and characteristics, without having such
interactions shaped by generalizations or stereotypes based on a person's
protected status and to encourage constructive thoughtful and sensitive
behavior. Harassment and unlawful discrimination are serious offenses that
maybe cause for disciplinary action. (3) Discrimination and
harassment as defined in this rule are prohibited. (a) All faculty, staff and students have a responsibility
for ensuring that university's working and learning environment is free
from harassment or unlawful discrimination. (b) The university reserves the right to take measures to
remedy all forms of harassment when reported, whether or not the harassment
rises to the level of creating a hostile work environment. (c) Abusive/bullying behavior may be addressed through
measures such as remedial action(s), conflict resolution mechanisms, coaching
and/or additional civility education trainings. (4) Retaliation against
person who file complaints or cooperate with the investigation of a complaint
of discrimination and/or harassment is a violation of this rule, as well as the
law, and is strictly prohibited. (5) Employees, students,
or applicants who believe they have experienced harassment, discrimination, or
retaliation may report the incident to their supervisor, manager or the
department of human resources using the discrimination complaint
form. Faculty, staff and students share the duty to
report all instances of discrimination or harassment of which they are aware
directly to the department of human resources. An employee or applicant for employment may
also file a complaint with one of the external agencies. (6) The duties and
responsibilities of all departments or division under this rule
include: (a) Ensuring that affirmative action goals are met to the
extent possible; (b) Ensuring the management practices prevent
discrimination and support equal employment opportunity
("EEO"); (c) Providing information and resources to supervisors,
managers, and employees in support of affirmative action, "EEO," and
non-discrimination; (d) Ensuring that instances of discrimination are promptly
referred to the department of human resources. (e) Ensuring that corrective action steps are properly
implemented; and (f) Consulting with the department of human resources to
meet obligations under this rule. (7) The duties and
responsibilities of the department of human resources include: (a) Producing and maintaining the university affirmative
action plan; (b) Tracking the outcomes of the plan; (c) Consulting with the departments regarding results of
the affirmative action planning process and their responsibilities under this
rule; (d) Providing affirmative action, "EEO," and
non-discrimination information and resources; (e) Investigating complaints of discrimination and
harassment under the reasonable person standard and issuing action steps for
correction where necessary. (i) If the department of
human resources determines that a person intentionally falsely accused another
of discrimination or harassment, appropriate actions will be recommended
against the person. (ii) Allegations of
harassment and unlawful discrimination often involve the collection, use and
disclosure of sensitive personal information. All reasonable measures will be
taken to maintain confidentiality. Information concerning a complaint may be
provided to appropriate university officials on a need-to-know basis. Any
person knowingly, willfully or negligently breaching confidentiality may be
subject to sanctions or other appropriate action. (iii) All information
will be treated as "supplied in confidence for investigatory
purposes." All closed investigatory files will be retained by the general
counsel in accordance with the university's record retention
rule. (iv) All investigations
will comply with any grant related requirements for notifying the granting
agency or removing investigators or other remaining personnel from an award
during the pendency of an investigation. (8) This rule will not be
interpreted, administered or applied to infringe upon the academic freedom of
any faculty, staff or student. The frank discussion of controversial ideas, the
pursuit and publication of controversial research and the study and teaching of
material with controversial content do not constitute harassment, provided
these activities are conducted in an atmosphere of respect. (9) This rule is not to
be interpreted, administered or applied in such a way as to detract from the
right and obligation of those in supervisory roles to manage performance and
behavior and subsequently discipline employees and students, subject to
managerial and instructional policies and procedures. (10) When a faculty
member is charged with harassment or discrimination, this rule and the
procedures promulgated hereunder will be employed in lieu of the procedures
outlined in faculty bylaws appendix D (university procedure for sanctions of
faculty), including censure and dismissal for just cause. (11) All faculty, staff
and students have an obligation to cooperate in the investigation of any
allegations brought forth under this rule. Faculty, staff and students share
the responsibility for preventing and reporting all instances of discrimination
or harassment of which they are aware.
Last updated November 17, 2023 at 10:10 AM
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Rule 3349-7-20 | Compensation program.
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
Last updated February 9, 2024 at 11:25 AM
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Rule 3349-7-25 | Disability and accommodation.
(A) Purpose The purpose of this rule is to ensure that a
qualified applicant for employment or an employee with a disability receives
reasonable accommodation in the work place as required by the Americans with
Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and state and
local requirements regarding persons with disabilities. The university is
enriched by persons with disabilities in its student body and employees, it is
important to also understand and support the needs and rights of these
individuals. (B) Scope This rule applies to all applicants for
employment and to all employees of the university including but not limited to
faculty, administrative staff, unclassified hourly employees, classified civil
service employees, and student employees. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "Disability" refers to: (a) A physical or mental impairment that substantially
limits one or more of the major life activities of an individual; (b) A record of physical or mental impairment;
or (c) Being regarded as having a physical or mental
impairment. (d) "Disability" does not include a substance
abuse disorder resulting from current alcohol abuse or current illegal use of
any drug. (3) "Direct
threat" refers to a significant risk to health or safety of others that
cannot be eliminated by reasonable accommodation. (4) "Reasonable
accommodation" includes, but is not limited to: (a) Making existing facilities used by employees readily
accessible to and usable by employees with disabilities; and (b) Job restructuring, modified work schedules, acquisition
or modification of equipment or devices, the provision of qualified readers or
interpreters and other similar accommodations. (5) "Qualified
individual with a disability" refers to an individual with a disability
who, with or without reasonable accommodation meets the essential eligibility
requirements for the receipt of services or participation in programs or
activities provided by the university. (6) "Major life
activities" include but are not limited to caring for oneself, performing
manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting,
bending, speaking, breathing, learning, reading, concentrating, thinking,
communicating, and working. (D) Rule statement (1) The university's
rule is to comply with the provisions of federal and state of Ohio law
regarding persons with disabilities in the workplace. Under those laws, no
otherwise qualified individual with a disability will be denied access to
participation in services, programs, or activities of the university solely by
reason of his or her disability. All employees will be held to the same
performance standards and must be able to carry out the essential functions of
their positions or programs with or without reasonable
accommodation. (2) The university
strictly prohibits any form of retaliation against any employee who requests an
accommodation, reports or participates in the investigation of a complaint, or
otherwise exercises rights secured by this rule. (3) Disclosure of
disability and documentation. (a) Disclosure is a matter of choice. An employee with a
disability may choose not to request reasonable accommodations unless the
disability presents a direct threat to the health or safety of
others. (b) Upon request of employees with disabilities, the
university will make efforts to provide reasonable accommodations; however, the
university is unable to make accommodations that impose an undue burden,
present a direct threat to the health or safety of others, or fundamentally
alter the nature of its programs, services, or activities. (c) However, employees who choose to request an
accommodation must disclose the underlying disability and provide documentation
as required under this rule. (d) Request for reasonable accommodation forms may be
obtained from, and upon completion should be returned to, the department of
human resources. (e) Review (i) The director of human
resources or his/her designee will review the request for reasonable
accommodation forms. An employee may be required by the director of human
resources to provide further information or documentation. (ii) The director of
human resources or his/her designee will notify the applicant or employee in
writing of the decision concerning the requested accommodation, and a copy will
be sent to the employee's department head. (f) Professional verification of disability (i) Employees with a
disability who request reasonable accommodations may be required to provide
current written verification of the disability certified by a licensed
physician, psychologist, audiologist, speech pathologist, rehabilitation
counselor, physical therapist, occupation therapist or other health care
provider who is qualified to diagnose or treat the disability in the state of
Ohio. Further documentation may be required. Documentation should reflect the
employee's present level of functioning in the major life activity
affected by the disability and the effect the disability has on the
employee's role at the university. (ii) Responsibility for
the cost of the initial professional verification of a disability and any
supplemental assessments will be borne by the employee requesting
accommodation. Responsibility for the cost of obtaining additional professional
opinions requested by the university will be borne by the
university. (g) Records and retention All information regarding the disability and
any reasonable accommodations will be maintained by the department of human
resources in accordance with the records retention schedule will maintain the
files of applicants who are not hired who have made an accommodation
request. (4) Confidentiality All information must be treated as confidential
within the limits of federal and Ohio law.
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Rule 3349-7-30 | Domestic partner benefits.
Effective:
October 28, 2010
(A) Purpose To establish a rule to extend certain benefits to
the domestic partners of eligible employees and the dependent children of
eligible domestic partners. (B) Scope This rule applies to all full-time faculty,
administrative staff, unclassified hourly employees and classified civil
service employees. This does not apply to student employees or graduate student
employees. (C) Definitions (1) Consult rule 3349-7-01 of the Administrative
Code. (2) "Dependent Children" under federal law refers
to the biological child, stepchild, or adopted child of an employee who is
under the age of twenty six and does not have their own insurance coverage
through an employer. Pursuant to state law, a dependent child can also include
the biological child, stepchild, or adopted child of an employee who is under
the age of twenty eight and is: unmarried; a resident of Ohio or a full-time
student at an accredited public or private institution of higher education; not
employed by an employer that offers any health benefit plan for which the child
is eligible; and not eligible for insurance coverage under medicaid or
medicare. The university has expanded the foregoing legal definitions of
"Dependent Children" to also include the biological child, stepchild,
or adopted child of an employee's domestic partner, as long as that child
meets the age-related criteria set forth above. (3) "Domestic Partner" is a person who meets all
of the following criteria: (a) At least eighteen
years of age, competent to enter into a contract; (b) Is the sole domestic
partner of an eligible employee and intends to remain so indefinitely, and is
emotionally and financially responsible for each other's common
welfare; (c) Not legally married
to another individual; (d) Not related to each
other by blood in a manner that would bar marriage in the state of
Ohio; (e) Has been in the
relationship with the eligible employee for at least six consecutive months or
more, and has shared a residence for six consecutive months or
more; (f) Has allowed at least
twelve months to pass since the termination of any previous domestic
partnership; and, (g) Has filed a domestic
partner affidavit in accordance with university rule. (D) Body of the rule (1) The university hereby extends as outlined herein, the
following benefits to eligible employee domestic partners and the dependent
children of eligible domestic partners. (a) Group insurance
benefits (including vision benefits as January 1, 2011), (b) Educational benefits,
and (c) Access to programs,
(including employee assistance programs) services and facilities of the
university, (2) The university hereby also amends the bereavement
leave, sick leave, and family medical leave act rules of the university to
allow eligible employees to use such leave in support of the domestic partners
they have identified in an affidavit of domestic partnership and their eligible
family members. (3) The university will apply the dependent qualification
test under the internal revenue code and regulations to the benefits provided
to eligible domestic partners and their eligible dependent children. The fair
market value of any benefits extended to eligible domestic partners or their
dependent children will be included as taxable income to the employee and will
be reported on the employee's W-2 form.
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Rule 3349-7-35 | Mood-altering or consciousness altering substances (drug free workplace).
Effective:
February 5, 2024
(A) Purpose To provide a rule that will promote the health
and safety of students, employees, and visitors, the university supports and
will maintain a drug-free working, living and learning environment. (B) Scope This rule applies to all employees, students,
volunteers and any individuals who conduct business for the university. This
rule provides a minimum standard for engaging in employment or educational
activities. University departments or contracts may impose stricter standards
in certain circumstances. The prohibited use of alcohol stated in this rule
does not apply to private events or private residences that are located on
university premises. (C) Definitions (1) "Controlled substance"
refers to substances or drugs classified Schedules I through V of Section 202
of the Controlled Substances Act, 21 U.S.C. 812 (1970) which include, but are
not limited to: (a) Narcotics, such as
opium, heroin, morphine and synthetic substitutes; (b) Depressants, such as
chloral hydrate, barbiturates, and methadone; (c) Stimulants, such as
cocaine (and any derivatives) and amphetamines; (d) Hallucinogens, such
as LSD, mescaline, PCP, peyote, psilocybin, Ecstasy, and MDMA; (e) Cannabis, such as
marijuana and hashish; and (f) Any chemical compound
added to federal or state regulations and denoted as a controlled substance or
so governed 21 U.S. Code 813. (2) "Criminal drug statute conviction" refers
to situations when an employee is convicted of or pleads guilty to a violation
of a drug statute as defined in the Revised Code. (3) "Illegal drugs" refers to a substance whose
use or possession is controlled by federal or state law but that is not being
used or possessed under the supervision of a licensed health care
professional. (4) "Reasonable suspicion" refers to situations
where a person believes, based on the combination of facts and circumstances
available at the time, there is evidence suggesting the use or the influence of
drugs or alcohol, or that their performance is impaired by drugs or alcohol
while at work or in the educational setting. (5) "Safety-sensitive job classifications"
refers to a job in which the employee is responsible for his or her own or
other people's safety. These positions currently include, but are not
limited to, positions in public safety, environmental and occupational health
and safety and campus operations. (6) "University premises" refers to any
building or land owned, leased, or used by the university. (7) "University vehicle" refers to any vehicle
owned, leased or operated by the university. (D) Rule statement (1) General prohibitions (a) Employees may not
engage in workplace activities and students may not participate in coursework
or clinical work while under the influence of alcohol or cannabis, while
unlawfully using controlled substances, or while using illegal drugs. The
presence (at established testing levels) of any prohibited substance in the
employee or students system while engaging in any workplace or
curricular activity shall constitute a violation of this policy. (b) The university
prohibits the consumption of alcohol on university premises unless authorized
on a university event-specific basis, regardless of the legal drinking age. The
university prohibits the possession or use of cannabis, in any form (e.g.,
smoking, vaping, consuming through edible products) by a person of any age,
while on university premises. (c) The university
prohibits its employees and students from the unlawful use, misuse, possession,
dispensation, distribution, or manufacture of any controlled substances or
illegal drugs anywhere on university premises, (i) As a recipient of federal funding, such as student
financial aid and federal research grants, the university is required to follow
federal law including the Safe and Drug Free Schools and Communities Act of
1989 and the Drug Free Workplace Act of 1988. In order to comply with these
laws, the university prohibits the manufacture, dispensation, possession, use,
or distribution of cannabis in any form on any university-owned property, in
the conduct of university business or as part of any university activity even
when the possession and use would be legal under the laws of the state of
Ohio. (ii) This prohibition does not extend to research related to
marijuana that is approved or funded by a federal agency including but not
limited to: (a) The national institutes of health; (b) The Drug enforcement administration; or (c) The food and drug administration.. (iii) Employees or students who are legally authorized Ohio
medical marijuana users may request to be released from their housing
obligation with the village. (2) Sanctions (a) Any employee who
violates any provision of this policy will be subject to disciplinary sanctions
up to and including termination of employment based on the circumstances of the
violation. Additional sanctions or actions may include: (i) Work restrictions; (ii) Required participation in an evaluation by the employee
assistance program or an external substance abuse professional; (iii) Mandatory follow through with substance abuse
education/rehabilitation program if recommended by the evaluating employee
assistance program; or (iv) Entering into a government-approved drug rehabilitation
program. (b) Any student who
violates any provision of this policy will be referred to the committee on
academic and professional progress (CAPP) in accordance with the procedures set
forth in the NEOMED compass. Students will be subject to sanctions up to and
including dismissal from the institution based on the circumstance of the
violation. (3) Employee and student responsibility to report
convictions for alcohol or drug-related offenses (a) Any employee who is
convicted of a drug offense must report the conviction to his/her immediate
administrative supervisor and human resources within five days of such
conviction. Employees in "safety-sensitive"
positions at the university, or those who drive a university leased or owned
vehicle, must report any alcohol-related convictions to his/her immediate
administrative supervisor and human resources within five days of such
conviction. (b) Any student who is
convicted of a drug or alcohol related offense must report such conviction to
the senior executive director, academic affairs and student services with five
days of such conviction. (c) The failure to report
any drug or alcohol related conviction covered under this policy within five
days may subject the employee or student to additional sanctions. (d) The university shall
make notification to any granting agencies within ten days of such report, as
required. (e) Within thirty days of
notification of a drug or alcohol conviction, the immediate supervisor, in
consultation with the director of human resources, will take appropriate action
with the employee and administer any sanctions. (4) Drug or alcohol testing All federal, state or local regulations
regarding drug testing and monitoring will be followed. All information
pertaining to an individuals drug tests or results will be kept as
confidential, with only individuals who have a need-to-know being provided
information or as required by law. All testing conducted under this rule will
be done in accordance with standards established by the university department
of human resources in conjunction with the offices student affairs and
environmental and occupational health and safety. Drug or alcohol testing can
occur in any of the following situations: (a) For
employees (i) Post-offer / pre-employment testing. All applicants in
safety-sensitive job classifications will be drug tested after receiving a
final offer of employment and prior to beginning work. Applicants will be
notified at the time of application that drug testing is required for the
position. Offers of employment are contingent upon successfully passing a drug
test. Safety-sensitive job classifications shall
include, but are not limited to, positions in public safety, environmental and
occupational health and safety and campus operations. (ii) Testing for reasonable suspicion for employees. Drug
and/or alcohol testing may be conducted if there is reasonable suspicion of
working under the influence of alcohol or drugs, or that the employees
performance of their duties is impaired by drugs or alcohol. Testing will be
based upon objective observations or circumstances including but not limited
to, aroma of alcohol on breath, directly observing use of drugs or alcohol,
erratic/strange behavior in the workplace, self-disclosure of selling/taking
illicit drugs/alcohol, diversion of medications or upon verification of a drug
or alcohol related conviction. (iii) Reasonable suspicion testing may be requested by an
immediate supervisor, department chair, or other university administrator in
accordance with the university reasonable suspicion procedures. The director of
human resources should be notified as soon as possible of any suspected
reasonable suspicion. If, in accordance with the reasonable suspicion
procedures, confirmation is obtained, arrangements will be made for the
employee to be drug and/or alcohol tested. Drug testing shall occur at an
approved test site and be as proximate to the documentation of reasonable
suspicion as possible. (a) An employee who tests positive for drugs or alcohol
will be subject to sanctions. (b) Refusal of a drug and/ or alcohol test may subject the
employee to sanctions. (c) Refusal to present for a drug/ alcohol related test
within the allotted time shall constitute a refusal to test and may subject the
employee to sanctions. (d) Failure to cooperate with the test collection procedure
shall constitute a refusal to test and may subject the employee to
sanctions. (e) Individuals who test positive will be referred to the
university employee assistance program or a substance abuse professional if an
external expert is used for evaluation. The evaluation will determine and
recommend if substance abuse treatment or education is appropriate and/or
necessary. (f) The director of human resources, in consultation with
the chief institutional safety official, will review the recommendation and may
determine that rehabilitation is a requirement for any current employee who has
an alcohol or drug problem that affects job performance. (b) For
students (i) In accordance with the student drug/toxicology
screening rule. (ii) Reasonable suspicion testing for students may be
ordered by the senior executive director, academic affairs and student services
if there is a reasonable suspicion of being in a class or a clinical setting
while under the influence of alcohol or illegal drugs. All students with
positive results will be referred for further action in accordance with
university rules and the student code of conduct. (iii) Result of self-disclosure. (5) Notification of university law enforcement Any individual observed unlawfully
manufacturing, distributing, dispensing, using, or possessing alcohol, cannabis
or illegal drugs on university premises is to be reported immediately to the
NEOMED police department. (6) Education, resources and training (a) The university will
inform all employees and students of the drug free campus rule through either
the employment website upon employment or the NEOMED compass, and annually
through the annual security report. (b) Human resources will
provide access to reasonable suspicion and alcohol and drug abuse awareness
training for all employees. (c) Human resources will
refer and provide appropriate support for employees after drug or alcohol
testing and/or substance abuse treatment or education, facilitate arrangements
for testing when there is reasonable suspicion, and consult with supervisors on
return to work agreements for employees. (d) Student services will
refer and provide appropriate support for students after drug or alcohol
testing and/or substance abuse treatment or education, facilitate arrangements
for testing when there is reasonable suspicion, and consult with the student
and any necessary university individuals to determine the students
eligibility to return to the educational setting. (7) Supervisor's responsibilities (a) Supervisors with
reasonable suspicion that a substance abuse problem may be resulting in
unsatisfactory work performance should document the facts and circumstances
that have occurred and review this information with their department chair or
division head and the director of human resources. This referral would be kept
confidential. Workplace performance issues should be documented. (b) Supervisors will take
corrective personnel action as appropriate after consultation with the office
of human resources. (c) When there is a
suspension of responsibilities directly related to drug or alcohol use, upon
authorization to return to work, a return to work agreement should be written
in consultation with the director of human resources, the supervisor and the
chief institutional safety officer (if necessary). (d) The supervisor shall
provide appropriate supervision for employees in accordance with return to work
agreements.
Last updated February 5, 2024 at 12:02 AM
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Rule 3349-7-45 | Educational benefits.
Effective:
March 12, 2021
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
Last updated July 11, 2022 at 2:45 PM
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Rule 3349-7-55 | Employment eligibility verification.
Effective:
October 28, 2010
(A) Purpose To comply with the Immigration Reform and Control
Act of 1986, 100 Stat. 3359, 8 U.S.C. 1101 ("IRCA") which requires
employers to review and certify a new employee's identity and
employability through the use of a federal employment eligibility verification
(I-9) form. (B) Scope (1) This rule applies to
all university employees, including but not limited to, faculty, administrative
staff, unclassified hourly employees, classified civil service employees, and
student employees. (2) This rule does not
apply to university employees hired prior to November 7, 1986, who have been
continuously on the university's payroll since that date. (C) Definitions Consult rule 3349-7-01 of the Administrative
Code. (D) Rule (1) In accordance with
the IRCA, the university shall verify employment eligibility of all new
employees, in person, within three working days of the beginning of
employment. (2) Employment
eligibility must be documented using the I-9 form. The I-9 form lists documents
needed to prove employment eligibility. These documents must be inspected for
propriety and authenticity, and an authorized university representative must
sign the I-9 form.
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Rule 3349-7-60 | Family and medical leave.
Effective:
February 14, 2019
(A) Purpose The university promotes a work environment that supports its
employees in balancing the demands of the workplace with the needs of families.
In accordance with the Family and Medical Leave Act of 1993, 29 U.S.C. Section
2601; 29 CFR 825 (FMLA), eligible employees are permitted up to either twelve
or twenty-six work weeks of unpaid leave during a defined twelve month period
for qualified leave entitlements. (B) Scope This rule applies to all eligible university
employees. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "Child"
refers to a biological child, adopted child, foster child, stepchild, legal
ward, or a child of a person who is standing in loco parentis, who
is: (a) Under eighteen years of age; or (b) Eighteen years of age or older and incapable of
self-care because of a mental or physical disability. (3) "Eligible
Employees" refers to any employee who has been employed by the university
for at least twelve months, and who has worked at least one thousand two
hundred fifty hours over the previous twelve-month period. (4) "Health Care
Providers" refers to doctors of medicine and osteopathy, podiatrists,
dentists, clinical psychologists, optometrists, chiropractors, nurse
practitioners, nurse midwives, clinical social workers, licensed professional
clinical counselor and physician assistants in so far as they perform within
the scope of their practice under state law; and Christian science
practitioners listed with the "First Church of Christ, Scientist" in
Boston, Massachusetts. (5) "Intermittent
Leave" is leave taken in a block of time or by reducing the normal weekly
or daily work schedule. (6) "Next of
Kin" is the nearest blood relative of the covered service
member. (7) "Parent"
refers to a parent of an employee or an individual who stood in loco parentis
to an employee when the employee was a child. (8) "Serious Health
Condition" refers to an illness, injury, impairment, or physical or mental
condition that involves: (a) Any period of incapacity or treatment connected with
inpatient care (or overnight stay) in a hospital, hospice, or residential
medical care facility; or (b) Continuing treatment by a health care
provider. (9) "Spouse"
refers to individuals who are recognized as lawfully married under the law of
any state. (D) Rule statement (1) Leave
entitlements (a) An employee is entitled to a maximum of twelve unpaid
work weeks of leave in any twelve-month covered period for one or more of the
following reasons: (i) To care for a child
during the first year following birth, adoption, or foster care
placement; (ii) To care for a
spouse, child or the employee's parent who has a serious health
condition; (iii) Because of a
serious health condition that makes the employee unable to perform the
functions of the position of such employee; or (iv) An employee's
spouse, child, or parent is on active military duty or has been notified of an
impending call to active duty status, in support of a contingency
operation. (b) An employee is entitled to a maximum of twenty-six
unpaid work weeks of leave in any twelve-month covered period for the following
reason: To care for a spouse, child, parent, or next
of kin service member who is recovering from a serious illness or injury
sustained in the line of duty while on active duty. (c) Employees who are spouses are jointly entitled to a
combined total of twelve weeks of "FMLA" leave for the birth, or
placement of a child for adoption or foster care, or to care for a child or
parent who has a serious health condition. (2) Covered
period Employees may take up to twelve or twenty-six
weeks of unpaid, job-protected leave in a twelve-month period for the reasons
specified in this rule depending on leave entitlement. The twelve-month period
is for a "rolling" twelve-month period measured forward from the date
the employee returns to work from FMLA leave. (3) Reduced or
intermittent leave (a) Under some circumstances, an employee may take FMLA
leave intermittently. Employees who require intermittent leave or reduced
schedule leave for a foreseeable medical treatment (for the employee, spouse,
child or parent) must work with their immediate supervisor, the director of
human resources, and their health care provider to schedule the leave so that
it is not unduly disruptive to the operation of the university. (b) "FMLA" leave may be taken intermittently
whenever it is medically necessary to care for a seriously ill spouse, child,
parent, or because the employee is seriously ill and unable to work. Employees
must follow the notification and certification provisions set forth in this
rule. (c) "FMLA" leave to care for a child during the
first year following birth, adoption, or foster care placement shall not be
taken by an employee intermittently or on a reduced leave schedule without the
approval of the immediate supervisor and the director of human
resources. (d) The taking of FMLA leave intermittently or on a reduced
leave schedule shall not result in a reduction in the total amount of FMLA
leave to which the employee is entitled beyond the amount of FMLA leave
actually taken. (e) The university may limit "FMLA" leave
increments to the shortest period of time that the university's payroll
system uses to account for absences. (4) Relationship to paid
or unpaid leave policies (a) Employees are required to take accrued but unused sick
leave, vacation leave, compensatory time, personal leave, or other paid time
before taking unpaid leave for the twelve or twenty-six week period. Time taken
will be counted concurrently toward both FMLA leave and the appropriate paid or
unpaid leave. If paid leave balances are insufficient to cover the twelve or
twenty-six work weeks, the additional amount of FMLA leave necessary to attain
the twelve or twenty-six work weeks of leave will be unpaid. (b) Notwithstanding paragraph (D)(4)(a) of this rule,
employees may request to reserve up to eighty hours of paid vacation leave. The
request must be made in writing prior to taking FMLA leave, if foreseeable, and
submitted to the director of human resources. The director of human resources
may approve the request after consultation with the immediate
supervisor. (5) Notice and
certification (a) Employees seeking to use FMLA leave must
provide: (i) Thirty-day advance
notice of the need to take FMLA leave when the need is
foreseeable; (ii) Medical
certification supporting the need for FMLA leave due to a serious health
condition affecting the employee, spouse, child or parent; (iii) Second or third
medical opinions if required by the university and periodic re-certifications
(at the university's expense); and (iv) Periodic reports
during FMLA leave regarding the employee's status and intent to return to
work. (b) The director of human resources will respond to all
FMLA leave requests in writing. (6) Continuation of
benefits (a) The university will maintain group health insurance
coverage for an employee on FMLA leave whenever such insurance was provided
before the leave was taken, under the same terms as if the employee had
continued to work. Employees will continue to be responsible for their share of
health care insurance premiums while on FMLA leave. If the employee is in paid
leave status while on FMLA leave, appropriate deductions will be taken from the
employee's earnings. (b) If an employee is on unpaid leave status, and the
university pays for the employee's share of health care insurance
premiums, the cost of such premiums will be deducted from future earnings or
from the employee's last paycheck. If the employee does not accrue any
further earnings at the university, the employee will be invoiced for amounts
paid on their behalf, if any. (7) Reinstatement (a) Upon return from FMLA leave, employees will be restored
to their original jobs, or to equivalent jobs with equivalent pay, benefits,
and other terms and conditions of employment, as required by FMLA.
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Rule 3349-7-65 | Garnishment of wages.
Effective:
October 28, 2010
(A) Purpose To guide the university in abiding by court
ordered garnishments. (B) Scope This rule applies to all university employees,
including but not limited to faculty, administrative staff, unclassified hourly
employees, classified civil service employees, and student employees. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "Garnishment" is an order issued by a court
attaching an employee's earnings to satisfy a debt incurred by the
employee. (D) Rule statement The university will comply with all lawful court
orders respecting garnishments. Payments in compliance with applicable child
support laws are not considered a garnishment. More than one garnishment in a
twelve month period may subject the employee to discipline, up to and including
result in discharge from the university.
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Rule 3349-7-70 | Group insurance benefits.
Effective:
February 14, 2019
(A) Purpose To promote the health and wellbeing of a quality
workforce, through the provision of competitive group insurance
benefits. (B) Scope This rule applies to all full-time employees of
the university, including but not limited to, faculty, administrative staff,
unclassified hourly staff and classified civil service employees. This rule
does not apply to student employees. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "Dependent
Child" under federal law refers to the biological child, stepchild, or
adopted child of an employee who is under the age of twenty-six and does not
have their own insurance coverage through an employer. Pursuant to state law, a
dependent child can also include the biological child, stepchild, or adopted
child of an employee who is under the age of twenty-eight and is: unmarried; a
resident of Ohio or a full-time student at an accredited public or private
institution of higher education; not employed by an employer that offers any
health benefit plan for which the child is eligible; and not eligible for
insurance coverage under medicaid or medicare. (3) "Eligible
Dependents" include the spouse of an eligible employee, or as specified in
a lawful separation agreement or divorce decree, and all dependent children as
defined in this rule. (4) "Eligible
Employee" includes full time employees of the university including
faculty, administrative staff, unclassified hourly employee and classified
civil service employees. Part-time employees and student employees are not
eligible. (5) "Group Insurance
Benefits" are a selection of benefits received by an eligible employee
provided in accordance with the financial resources and priorities of the
university. (6) "Spouse"
refers to individuals who are recognized as lawfully married under the law of
any state. (D) Rule statement Group insurance benefits, full-time
employees (1) The university may
allow for a number of different group insurance benefit options. Information
concerning these options are contained in separate provider
publications. (2) Elected group
insurance benefits are effective on the employees first date of
employment unless otherwise noted. (3) Coverage for each
dependent will be effective with the latter of: (a) The effective date of full-time appointment for the
eligible employee; or, (b) The date on which a person became an eligible
dependent. (4) The eligible employee
must notify the human resources department of any changes in eligibility status
for all dependents. (5) Eligibility for group
insurance benefits terminates based on any of the following
events: (a) The employee is no longer a full-time employee of the
university; (b) A dependent no longer meets the definition of
"eligible dependent"; or (c) The death of an employee. All group insurance benefits
for the surviving spouse and dependent children terminates on the last day of
the second month following the month of the death of an eligible
employee; (d) The retirement of an employee. Group insurance benefits
coverage terminates on the date of retirement for those employees who are
recipients of Ohio retirement system benefits (except for life insurance). For
employees hired before January 1, 1992, comprehensive medical coverage for
eligible dependents of Ohio retirement system retirees continues
if: (i) The retired employee
had ten consecutive years of full-time service with the university immediately
prior to retirement; and (ii) The eligible
dependent was insured when the retired employee's health insurance
benefits coverage terminated. (e) A group rule terminates; or, (f) The university elects to terminate coverage for a given
benefit. (6) Employees on approved
leaves of absence without pay may continue group insurance benefits for up to
one year at their expense. (7) Group insurance
benefits remain in effect while an employee is on active military duty for up
to thirty-one days. Employees are responsible for their contribution for any
health insurance premiums during this thirty-one day period. Employees with
longer periods of active military service may elect to continue group insurance
benefits for up to eighteen months at their expense. (8) Arrangements may be
made for continuation of group insurance benefits for the eligible employee or
eligible dependents under cobra by contacting the human resources
department.
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Rule 3349-7-75 | Jury/civic duty leave.
Effective:
February 14, 2019
(A) Purpose To encourage employees to contribute to the
community by fulfilling civic duties. (B) Scope This rule applies to all institution employees,
including but not limited to faculty, administrative staff, unclassified hourly
employees, and classified civil service employees. This rule does not apply to
student employees. (C) Definitions (1) Consult rule 3349-7-01 of the Administrative
Code. (2) "Jury Duty" or "Civic Duty" is
service that requires time spent away from the institution as the result of a
lawfully issued summons or subpoena. (3) "Normal Working Hours" are hours specified by
the immediate supervisor of an employee regarding when the employee will
generally perform work for the institution. (D) Rule statement (1) Except as otherwise provided by law, employees will be
granted leave with full pay if they are: (a) Summoned for jury
duty by a court of competent jurisdiction; (b) Subpoenaed or
summoned to appear before any court, commission, board or other legally
constituted body authorized by the law to compel the attendance of witnesses,
where the employee is not a party (plaintiff or defendant) to the action;
or, (c) Required to
participate in any action, as an appellant or subpoenaed witness, before the
state personal board of review and are in active pay status at the time of the
scheduled hearing. (2) An employee who is appearing before a court or other
legally constituted body in a matter in which the employee is a party may be
granted vacation time or leave of absence without pay. Such instances would
include, but are not be limited to, criminal or civil cases, traffic court,
divorce or custody proceedings, or when they are appearing because they are
directed to appear as a parent or guardian of a juvenile. proof of appearance
may be required. (3) Any compensation or reimbursement for jury duty or for
court attendance compelled by summons or subpoena, when such duty is performed
during an employee's normal working hours, shall be remitted by the
employee to the accounting department. All employees must make the appropriate
notations on their time record.
Last updated April 9, 2021 at 1:34 PM
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Rule 3349-7-85 | Legal holidays and religious observances.
Effective:
October 11, 2016
(A) Purpose To comply with federal and state laws and to
provide employees with advance notice of the university's holiday
schedule. (B) Scope This rule applies to all university employees,
including, but not limited to, faculty, administrative staff, unclassified
hourly employees and classified civil service employees. It does not apply to
student employees. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "Active Pay
Status" includes regular hours worked, vacation leave, sick leave,
compensatory time, personal leave, legal holiday leave, winter break leave, and
civic duty leave. (D) Rule statement (1) The university
observes the following ten state of Ohio legal holidays: the first day of
January; the third Monday in January, the third Monday in February; Memorial
day; the fourth day of July; the first Monday in September; the second Monday
in October; the eleventh day of November; the fourth Thursday in November; and
the twenty-fifth day of December. The university will also observe any other
holiday appointed and recommended by the governor of this state or the
president of the United States. Employees shall be paid for these holidays
unless otherwise specified by university rule. (2) The board of trustees
may designate alternate days for observance of the legal holidays otherwise
observed on the third Monday in January, the third Monday in February, and the
second Monday in October. (3) If an employee
observes certain religious holidays not observed by the state of Ohio, the
immediate supervisor should allow the employee to take accumulated but unused
vacation time or compensatory time earned to observe the holiday.
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Rule 3349-7-95 | Military leave.
Effective:
October 28, 2010
(A) Purpose To establish a uniform rule for military leave
that complies with the federal and Ohio law as it pertains to permanent
employees at the university. (B) Scope This rule applies to all permanent employees at
the university. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "Military"
refers to any branch of the state or federal uniformed services. (3) "Permanent
Employee" refers to any person holding a position at the university that
requires working a regular schedule of twenty-six consecutive bi-weekly pay
periods, or any other regular schedule of comparable consecutive pay periods,
which is not limited to a specific season or duration. "permanent
employee" does not include student employees; intermittent, seasonal, or
external interim employees, or individuals covered by personal services
contracts. (D) Rule statement (1) Military leave with
pay (a) Employees who are members of the Ohio national guard,
the Ohio defense corps, the Ohio naval militia, or members of other reserve
components of the armed forces of the united states are entitled to a military
leave of absence from their duties without loss of pay, for such time as they
are in the military service on field training or active duty for a period not
to exceed thirty-one days in any one calendar year. The maximum number of hours
for which payment can be made in any one calendar year is one hundred
seventy-six hours. (b) Employees shall receive compensation they would have
received for up to one hundred seventy-six hours even though they served for
more than thirty-one days of such year on field training or active duty. There
is no requirement that the service be for one continuous period of
time. (c) Employees are required to submit to the director of
human resources an order or statement from the appropriate military commander
as evidence of military duty before military leave with pay will be
granted. (2) Military leave
without pay (a) Employees shall be granted a leave of absence to serve
in the military upon giving notice to their immediate supervisor and the
department of human resources. This leave shall be without pay and shall be
considered as a leave of absence from the university with reinstatement rights.
No single leave of absence or combination of military leaves of absence may
exceed five years or a single, longer period required to complete an initial
period of obligated service. (b) If an employee is on military leave without pay the
employee will be given the option of making direct payments of the
employee's share of the health insurance premium for up to thirty-one
days. Employees with longer periods of service will be given the option of
continuing health care coverage and related benefits for up to eighteen months.
Such continuation shall be at the employee's expense, and the employee may
be required to pay up to one hundred two per cent of the entire health
insurance and related benefits premium costs. (c) An employee returning from military leave without pay
must apply for reinstatement. The application must be submitted to the director
of human resources. (i) Leave of less than
thirty-one days: immediately upon release from military leave, the university
will allow for travel time and eight hours of rest; (ii) Leave of thirty-two
to one hundred eighty days: within fourteen days of completing military service
requirement; or (iii) Leave of more than
one hundred eighty days: within ninety days of completing military service
requirement. (iv) If the military
leave of absence was for more than ninety days, the director of human resources
may require, with the application, evidence showing that the application is
timely, the duration of all such leaves of absence does not exceed five years
or the time to complete the initial period of obligated service, and the
employee's entitlement to reemployment has not terminated according to the
circumstances described in the Uniformed Services Employment and Reemployment
Rights Act of 1994, 108 Stat. 3149 (1994), 38 U.S.C.A. 4301 and 4304, as
amended. (d) Upon return from a period of duty in the military
lasting ninety calendar days or less, the employee shall be returned to the
same or similar position within the employee's former classification. If
the period of duty lasts more than ninety days, the employee may be placed in
any position of equivalent status, seniority, and pay. Regardless of the
duration of duty, if the director of human resources demonstrates that
reinstatement is impossible or would impose undue hardship, the employee may be
assigned to another position with like seniority, status, and pay or the
nearest approximation thereof consistent with the circumstances of the
case. (e) If the employee is unable to perform the duties of
their former position by reason of injury or illness incurred or aggravated
during military service, the director of human resources shall make reasonable
efforts to accommodate the employee's disability in accordance with the
university's rule on disabilities and accommodations. These efforts shall
include placing the employee in another position in which the employee is
qualified and able to perform the essential duties that will provide similar
status, seniority, and pay. (f) If an employee who is entitled to reinstatement under
this rule is unable to report for or perform the duties of their position at
the date of their application for reinstatement because of an injury or illness
incurred or aggravated during uniformed service, the employee shall have up to
two years to recover from that illness or injury before being required to
report or reapply. (g) A reinstated employee shall receive all rights and
benefits generally available to employees in a comparable leave of absence
without pay, including the following: (i) All sick leave,
vacation leave, and personal leave which had been accumulated at the time of
entering service; (ii) All seniority which
would have accrued had the employee been on the job; (iii) Automatic salary
adjustments associated with the position and due the employee had the employee
been on the job; (iv) Any change in
classification or pay range which would be due the employee had the employee
been on the job; and (v) Reinstituted health
insurance and related insurance benefits with no waiting periods or
pre-existing condition exclusions. (h) Termination (i) Employees reinstated
after military leave without pay lasting from thirty-one to one hundred eighty
days shall not be terminated from their position within one hundred eighty days
of reinstatement without cause. (ii) Employees reinstated
after military leave lasting one hundred eighty-one days or more shall not be
terminated from their positions within one year of reinstatement without
cause. (i) The provisions of this rule do not apply to an employee
who accrues more than five years of cumulative, military service, except as
provided in 38 U.S.C. 4312, as amended.
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Rule 3349-7-100 | Nepotism.
Effective:
October 28, 2010
(A) Purpose To establish a rule to ensure that the hiring and
supervision of employees is conducted in a manner that enhances public
confidence and avoids situations that give the appearance of partiality,
preferential treatment, improper influence, or conflict of interest; and to
promote the recruitment of a diverse and qualified workforce. (B) Scope This rule applies to all university employees,
including but not limited to faculty, administrative staff, unclassified hourly
employees, classified civil service employees, and student employees. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "Business
Associates" refers to parties who are joined together in a relationship
for business purposes or who act together to pursue a common business purpose
or enterprise. (3) "Family
Member" is defined to include, but is not limited to spouse (including
individuals who are recognized as lawfully married under the law of any state),
children (whether dependent or independent), parents, grandparents, siblings,
aunts, uncles, nieces, nephews, in-laws, step-children, step-parents,
step-grandparents, step-siblings, step-aunts, step-uncles, and other persons
related by blood, marriage, or adoption. (4) "Significant
Relationship Partner" refers to people living together as a spousal or
family unit when not legally married or related where the nature of the
relationship may impair the objectivity or independence of judgment of one
individual working with another. (D) Rule statement The criteria for appointment and promotion of all
employees of the university are appropriate qualifications and performance.
More than one family member, significant relationship partners or business
associates may be employed at the university. However, a family member,
significant relationship partner, or business associate may neither initiate
nor participate in decisions which involve a direct benefit or detriment to the
other; nor supervise, evaluate or direct the work of the other.
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Rule 3349-7-120 | External professional commitments by faculty and professional staff.
Effective:
August 26, 2016
(A) Purpose To establish a rule governing external
professional commitments by covered university employees, as defined
herein. Participation by covered university employees of
university in activities of government, in industry and in other private
institutions commonly serves the academic interest of the university. The
public benefits from the dissemination of knowledge and technology developed
within the university. Students benefit by learning from faculty who bring
knowledge and skills derived from these experiences to the classroom. Moreover,
the professional experience and recognition that such participation brings to
the faculty member will be shared with the university. (B) Scope (1) This rule applies to
covered university employees (as defined below) who hold appointments of .75
full time equivalent "FTE" or greater. Unclassified hourly employees,
classified civil service employees and student employees are not eligible to
consult or to engage in other commitments outside the university during normal
working hours. (2) This rule establishes
guidelines and reporting requirements for external professional commitments,
external to the university, for which covered employees receive compensation or
in which the covered employee holds an equity interest. The following
activities are not subject to this rule's guidelines and reporting
requirements: (a) External professional commitments that reflect normal
and expected public service activities of covered university employees that do
not entail compensation beyond reimbursement for expenses and/or a nominal
honorarium. These activities include service to governmental entities and
boards such as peer review panels and advisory bodies to other universities;
presentations to either professional or public audiences in such forums as
professional societies, libraries, and other universities; and peer review
activities undertaken for either for-profit or nonprofit
publishers. (b) Healthcare activities that are explicitly a term of the
covered university employee's employment (e.g. co-funded faculty
positions). (c) Covered university employees are strongly encouraged to
discuss all anticipated external professional commitments with their direct
administrative supervisor before engaging in the activity in order to
accurately determine whether an activity is exempted from or covered by this
rule. (C) Definitions (1) "Compensation" refers to direct or indirect
receipt of money or its equivalent for services rendered, includes salary and
any payment for services not otherwise identified as salary (e.g. consulting
fees, honoraria and paid authorships). (2) "Conflict of
Interest" refers to a relationship between a covered university
employee's external professional commitments and the covered university
employee's expertise and responsibilities at the university such that an
independent observer might reasonably question whether the covered university
employee's objectivity in the performance of his or her university
responsibilities could be compromised by considerations of personal
gain. (3) "Conflict of
Commitment" occurs when the time or effort that a covered university
employee devotes to an outside professional commitment interferes with the
employee's fulfillment of his or her university responsibilities, or when
an employee makes unauthorized use of university resources in the course of
fulfilling a outside professional commitment. (4) "Covered
University Employees" refers to faculty and professional staff as defined
in this rule. (a) "Faculty" refers to employees appointed to
that status by the board of trustees who are employed at least .75
"FTE" by the university. (b) "Professional staff" includes, but is not
limited to, those employees who are employed at least .75 "FTE" by
the university and provide leadership for academic programs, personnel, and
academic support units; provide professional support to senior university or
college administrators both academic and non-academic; or are senior university
administrators or those who possess independent decision making and
discretionary authority within the university. (5) "Direct
Administrative Supervisor" is the person to whom the covered employee
reports within the university. In the case of faculty, the direct
administrative supervisor is, generally, the department chair. In the case of
department chairs, the direct administrative supervisor is, generally, the
dean. In the case of professional staff the direct administrative supervisor is
the department manager, the division director or the department
chair. (6) "External
Professional Commitment" is a professional engagement, undertaking or
obligation that is generally linked to the covered university employee's
university responsibilities, but occurs outside of the context of the
employee's expected duties to the university. (7) "Normal Working
Hours" are eight a.m. to five p.m. unless otherwise established by the
covered university employee's supervisor. (8) "REPC"
refers to the request for approval of external professional commitments
form. (9) "EPCR"
refers to the external professional commitments report form. (10) "Unclassified
Hourly Employee" is an hourly employee who is not a classified civil
service employee and who is subject to appointment, removal, promotion,
transfers or reductions by the appointing authority. (11) "Unit" may
be the university or a college department, office or division. (D) Body of the rule (1) Covered university
employees are encouraged to engage in external professional commitments to the
extent that these activities are clearly related to the mission of the
university and the expertise of the covered university employee; provide direct
or indirect benefits to the university: and do not entail a conflict of
interest as defined herein. As a general rule, the proportion of a covered
university employee's professional effort devoted to external professional
commitments should not exceed one business day per week. Prior approval must be
obtained as outlined below. Covered university employees should avoid any
conflict or appearance of conflict between external professional commitments
and his or her university responsibilities. In particular, covered university
employees should avoid any interruption to their formal instructional
activities because of an external professional commitments. Under Ohio law, the university owns any
intellectual property that is a product of university research. When engaged in
external professional commitments, a covered university employee must not
assign to other entities the rights to a product of university research. (2) No external
professional commitment may interfere with the performance of regular
university duties; compete with course work offered by the university; or
compete with services offered by the employees unit. (3) All covered
university employees are permitted to engage in external professional
commitments up to three days per calendar year without prior approval. However,
this activity must be reported annually. (4) Reporting of
professional commitments. Covered university employees are required to report
their external professional commitments as follows based on the duration of the
commitment: (a) External professional commitments of less than three
days per calendar year do not require prior approval. (b) External professional commitments of more than three
days but less than thirteen days per calendar year do not require prior
approval, but must be reported annually on an "EPCR"
form. (c) External professional commitments of more than thirteen
days per calendar year or three days in a given month; or an activity likely to
attract public attention to the university require approval prior to engaging
in the activity. All prior approvals expire at the end of the performance
review cycle or no later than June thirtieth. Covered employees intending to
continue external professional commitments in a subsequent review cycle must
re-submit a 'REPC.' (5) Covered university
employees with external funding must comply with all time and effort reporting
requirements established by the university or funding agency. (6) Unit review of
requests (a) The direct administrative supervisor reviews the
information submitted on the "REPC" to evaluate whether or not the
activity represents a conflict of commitment or a potential conflict of
interest. Consideration shall be given to whether the activity: (i) May interfere with
the covered university employee's primary university activities.
Generally, the employee should be able to continue his or her normal teaching,
research, service and departmental participation or regular job
responsibilities; (ii) May involve an
excessive time commitment. Generally, the time commitment to the activity
should be no more than one day per week, on average, for the term of the
external appointment; (iii) Involves teaching
at another school or teaching an online course. Generally, the activity should
not compete with university services in terms of subject matter, level of
education and availability within the local geography; (iv) Involves conducting
research through an outside entity. Generally, the outside commitment should
not compete with contract or research opportunities for the university;
or (v) Involves serving as
an officer of a professional society or an editor of a professional journal.
Generally, the direct administrative supervisor needs to weigh the benefits of
assuming professional leadership responsibilities for institutional reputation
and personal career development with the extent and duration of any relief from
normal job responsibilities that the activity will require. (b) Decision to approve or deny an outside professional
commitment. (i) The direct
administrative supervisor reviews the request and forwards a recommendation to
the dean or the division director (or their designee), for consideration. The
dean or division director (or their designee), may grant or deny the request as
set forth on the "REPC." This recommendation should, generally, be
made no later than two weeks from the receipt of the request or as soon as
practicable. Decisions by the dean or division director (or their designee)
should generally be made no later than two weeks from receipt of the
recommendation or as soon as practicable. (ii) The dean or the
division director (or their designee) will notify the individual and the direct
administrative supervisor of the decision. If the request is not approved, a
written statement of the reason(s) for denying the request will be provided.
Decisions by the dean or division director (or their designee) are final. The
office of the dean or the division director will retain all associated
documentation.
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Rule 3349-7-125 | Position classification.
Effective:
October 28, 2010
(A) Purpose To establish a rule to evaluate the current
duties and responsibilities assigned to a position in order to determine the
appropriate salary range and title. (B) Scope This rule applies to administrative staff,
unclassified hourly employees, classified civil service employees, and student
employees. (C) Definitions (1) "Position
Classification" is a designation assigned to a position based on job
duties responsibilities, and qualifications. (2) "Position
Audit" is an analysis of the position duties, responsibilities,
qualifications salary range, and title conducted by the director of human
resources, or designee. (3) A "Salary
Range" is a continuum of salaries from minimum to maximum within each
salary grade. Positions are assigned within a salary range by the director of
human resources. (D) Rule statement (1) When a
position's duties, responsibilities and qualifications change
significantly or new positions are created, a position audit may be initiated
by an affected employee, immediate supervisor, department head, or the director
of human resources. The position audit will ensure that current duties,
responsibilities and qualifications are appropriately reflected in the
position's salary range. (2) The employee and
immediate supervisor will complete a position analysis questionnaire and a
revised position description. The immediate supervisor will consult with the
department head who will review these documents and if approved, send them to
the director of human resources. (a) The submitted documentation must, at a minimum, include
the factors set forth in the university's compensation program
rule. (b) The director of human resources or designee will
evaluate the documentation submitted to determine if a position
reclassification is necessary. (c) The director of human resources will advise the
immediate supervisor and department head accordingly. (3) Appeals (a) If an employee and the immediate supervisor do not
concur with the determination of the director of human resources, they must
consult with the respective department head. If the department head determines
that an appeal is warranted, the department head may forward a written appeal
to the director of human resources. The director of human resources will
forward the documentation to an external human resources consultant chosen by
the university. (i) The external
consultant will review the documentation and advise the director of human
resources accordingly. (ii) The director of
human resources will advise the immediate supervisor and the department head of
the outcome of the consultant's review. (b) No further appeals may be taken.
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Rule 3349-7-131 | Sick leave and bereavement leave.
Effective:
October 28, 2010
(A) Purpose To establish a sick leave rule for faculty and
administrative staff. (B) Scope This rule applies to all faculty and
administrative staff. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "Immediate
Family" is limited to the employee's spouse (including individuals
who are recognized as lawfully married under the law of any state), parents,
children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law,
mother-in-law, father-in-law, stepmother, stepfather, stepchildren,
stepsiblings, or a legal guardian or other person who stands in loco
parentis. (3) "Licensed
Practitioner" refers to a person who is licensed to practice medicine,
surgery or psychology in the state of Ohio. (D) Rule statement (1) Accrual Faculty and administrative staff accrue sick
leave benefits in accordance with the following formula: number of hours worked
per month x .0577. Sick leave hours do not accumulate while on an unpaid leave
of absence or while receiving paid hours from the sick leave donation
pool. (2) Sick leave
notification (a) Employees who are unable to report for work, and who
are not on a previously approved day of vacation or other leave, shall be
responsible for notifying the immediate supervisor that they will be unable to
report for work. The notification must be made within one half hour after the
time the employee is scheduled to report for work, unless emergency conditions
prevent such notification. If operational needs require a different
notification time, the immediate supervisor may establish a reasonable
notification time requirement. If a condition exceeds five consecutive business
days, a statement from a licensed practitioner specifying the employee's
inability to report to work and the probable date of return to work is required
and the following shall apply: (i) If hospitalization is
required, the employee shall be responsible for notifying the immediate
supervisor upon admission to such hospital, unless emergency conditions prevent
such notification. (ii) When convalescence
at home is expected to exceed five consecutive business days, the employee
shall be responsible for notifying the immediate supervisor and for securing a
statement from a licensed practitioner stating that the employee is unable to
report for work and the expected date of return to work. (b) Employees taking care of immediate family for a period
exceeding five consecutive business days must submit a statement from a
licensed practitioner stating that the immediate family member requires care by
the employee. (3) Sick leave paid at
retirement (a) An employee, upon initial disability retirement or
initial service retirement, is entitled to a one-time payment of unused
accumulated sick leave credit in accordance with this rule. (b) The employee must have, at the time of initial
retirement, ten or more years of actual service with the state of Ohio or any
political subdivision of the state of Ohio, or any combination thereof for sick
leave payout. Service time purchased toward retirement does not count toward
the ten year requirement for sick leave payout. All unpaid accumulated sick
leave credit shall be eliminated at the time of sick leave payment, and shall
not be re-credited to the employee for any reason. (c) Payment shall be made for one fourth of the value of
any unused accumulated sick leave up to a maximum of the value of two hundred
forty hours. The payment shall be in a single lump-sum based upon the
employee's rate of pay at the time of initial retirement and shall occur
only once during the employee's lifetime. (4) Sick leave
usage (a) Employees may use sick leave, upon approval of the
immediate supervisor, for: (i) Illness, injury, or
pregnancy-related condition of the employee. (ii) Exposure of an
employee to a contagious disease which could be communicated to, and jeopardize
the health of other employees. (iii) Examination of the
employee, including medical, psychological, dental, or optical examination, by
an appropriate licensed practitioner. (iv) For bereavement
leave upon the death of a member of the employee's immediate family for a
period not to exceed five business days. (v) Illness, injury, or
pregnancy-related condition of a member of the employee's immediate family
where the employees presence is reasonably necessary for the health and
welfare of the employee or affected family member. (vi) Examination,
including medical, psychological, dental, or optical examination of a member of
the employee's immediate family by an appropriate licensed practitioner
where the employee's presence is reasonably necessary. (vii) Donation of leave
to a sick leave bank in accordance with the leave donation rule of the
university. (b) Unused sick leave shall be cumulative without
limit. (c) The use of sick time shall be documented on the
employee's time record. (d) Falsification of information on the time record or on
any written statement or certification regarding sick time use shall be grounds
for disciplinary action up to and including dismissal. (5) Transfer of sick
leave (a) Any accumulated but unused sick leave is maintained by
the university for a period of ten years when an employee separates from the
university for reasons other than retirement. (b) If an employee is subsequently employed by another
eligible Ohio public employer, the balance of accumulated but unused sick leave
will be transferred to that employer.
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Rule 3349-7-145 | Emergency sick leave donation rule.
Effective:
October 28, 2010
(A) Purpose To establish an emergency sick leave donation
rule. (B) Scope This rule applies to faculty, administrative
staff, unclassified hourly employees and classified civil service employees.
The rule does not apply to student employees. (C) Definitions (1) Consult rule 3349-7-01 of the Administrative
Code. (2) "Active Pay Status" for purposes of this rule
includes regular hours worked, vacation leave, sick leave, personal leave,
compensatory time, legal holiday leave, winter break leave, and civic duty
leave. (3) "Legal Holiday Leave" is a day of paid leave
that is designated by the state of Ohio and approved by the board of
trustees. (4) "Parental Leave" is the period of time taken
after birth or adoption of a child by a parent, legal guardian or person
standing in loco parentis. (D) Rule statement (1) Eligibility and payments (a) Employees may apply
for funds through the emergency sick leave donation program if they are in
critical need of paid leave due only to the personal medical necessity of the
employee. The human resources department will consider whether to approve the
payment of funds under the emergency sick leave donation program on a bi-weekly
basis. Employees may not apply to the emergency sick leave donation program to
cover unpaid absences due to the care of family members. (b) The department of
human resources has the discretion to approve or not approve any amount of
hours requested up to the life-time maximum. There is no appeal from this
decision. (c) Employees must have
one year of service at university and must have exhausted all sick leave,
vacation leave and compensatory time before they are eligible to apply for the
emergency sick leave donation program. (d) Employees must have
an illness or injury that will require the employee to be absent from the
worksite for a period of time exceeding eighty consecutive scheduled work hours
and their absence will result in the loss of income due to the lack of accrued
sick leave, vacation leave and compensatory time. Elective surgery, normal
pregnancy and delivery, or parental leave does not qualify the employee to
participate in the emergency sick leave donation program. (e) If an employee is
eligible, but unable to apply due to a physical or mental disease or
disability, a family member or other authorized representative may apply on
behalf of the employee. (f) Payments under this
rule will terminate when the employee receives funds from any other benefit
source. If any payments from other sources are received for the same period of
time, the funds paid by the university must be refunded to the
university. (g) The employee's
right to privacy regarding the nature of the qualifying illness or injury will
be maintained to the extent allowed by law. (h) An employee is
limited to a lifetime maximum number of paid hours under the sick leave
donation program. The lifetime maximum is five hundred paid hours. (i) If a legal holiday or
winter break leave occurs while the employee is receiving paid hours under the
emergency sick leave donation program the employee will not be eligible to
receive legal holiday leave compensation or winter break leave
compensation. (2) Donations (a) Employees who donate
must: (i) Be in active pay status; (ii) Have five years of service at the university and must
retain a minimum of four hundred eighty hours of paid sick leave for their own
use; (iii) Do so voluntarily; and (iv) Donate in increments of eight hours. (b) The maximum donation
per employee per year is one hundred twenty hours. (c) Donations will be
accumulated in a pool and will not be returned to the employee. (d) The identity of the
donors will remain anonymous to the extent permitted by law. (3) Accrual of sick and vacation leave hours during use of
sick leave donation pool hours. Sick leave and vacation leave hours do not
accumulate while on an unpaid leave of absence or while receiving paid hours
from the emergency sick leave donation pool.
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Rule 3349-7-151 | Flexible work arrangements.
Effective:
September 21, 2020
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
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Rule 3349-7-152 | Termination and notice of termination.
Effective:
February 14, 2019
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
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Rule 3349-7-155 | Rule governing persons who travel to areas that are identified by the cdc as having serious infectious disease outbreaks.
Effective:
October 28, 2010
(A) Purpose To protect the members of the university from
unnecessary exposure to possible infectious agents that might be spread by
members of the university that travel for business or pleasure to areas that
are included in the center for disease control's (CDC) travel warning
list. (B) Scope Applies to all members of the university
community including faculty, administrative staff, unclassified hourly
employees, classified civil service employees, students and volunteers. (C) Definitions (1) Consult rule 3349-7-01 of the Administrative
Code. (2) "Licensed Practitioner" refers to a person
who is licensed to practice medicine, surgery or psychology in the state of
Ohio. (D) Rule statement (1) All members of the university community are required to
consult CDC's travelers' health website at http://www.CDC.gov/travel
to educate themselves and others who may be traveling with them about any
disease risks and CDC health recommendations for international and domestic
travel to areas that are identified by the CDC as having serious infectious
disease outbreaks in the areas they plan to visit or they may consult their
local health department for guidance. (a) Before travel, update
all routine vaccinations (i.e., tetanus/diphtheria, polio,
measles/mumps/rubella, and seasonal influenza vaccine if it is available), and
see a licensed practitioner to get any additional vaccinations, medications, or
information you may need. (b) Consult a licensed
practitioner to determine what vaccinations will be needed to provide
protection (this will vary depending on travel destination, personal health and
immunization history, and planned activities). (c) If traveling for
business purposes, documentation from the employee's physician or other
qualified healthcare provider must, upon request, be provided to the
university's health and safety administrator. This documentation must
include a statement that the traveler has received the recommended vaccinations
or the traveler may be considered to be acting outside the course and scope of
his/her employment with the university. (d) Students traveling
under the auspices of the university must receive recommended vaccinations in
order to be eligible to receive academic credit or any allowable expense
reimbursement or payment. (2) After a member of the university community returns from
international travel or domestic travel to areas that are identified by the CDC
as having serious infectious disease outbreaks, he/she must consult with the
university's health & safety administrator prior to returning to the
workplace, classrooms, laboratories, clinical placement or attending any
university related events. The university's health and safety
administrator will refer to the CDC website to determine if any precautions
should be taken prior return. If the university has concerns about the
possibility of infectious diseases based on the location of travel or the
activities performed during the trip, the university can require the individual
to submit to an examination by a physician or other healthcare provider prior
to returning to the university setting, clinical placements, or university
events. Prior to returning, a licensed practitioner should document that the
person does not pose a risk of serious infection. Such documentation will be
placed in the individual's medical file at the university.
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Rule 3349-7-160 | Vacation leave.
Effective:
October 28, 2010
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
Last updated May 8, 2023 at 10:55 AM
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Rule 3349-7-165 | Whistleblower Protection.
Effective:
October 25, 2019
(A) Purpose The purpose of this rule is to protect members of
the university community from disciplinary or retaliatory action when they
engage in good faith disclosures of alleged wrongful conduct to a designated
university official or office, a public entity charged with investigating such
alleged wrongful conduct, or through the university's third-party ethics
and compliance reporting service; and from false or reckless claims of wrongful
misconduct. (B) Scope This rule applies to all members of the
university community, including employees, students, and volunteers. (C) Definitions (1) "Good faith
disclosure" means communication about actual or suspected wrongful conduct
engaged in by a university employee, student, volunteer, or contractor (who is
not also the disclosing individual) based on a good faith and reasonable belief
that the conduct has both occurred and is wrongful under applicable law and/or
university rule. (2) "Retaliation" refers to adverse action
against a whistleblower or an individual that has participated in an
investigation, proceeding or hearing involving a good faith disclosure. These
adverse actions include harassment or negative employment consequences, such as
compensation reductions, poor work assignments, or threats of physical or
mental harm. (3) "Student conduct
officer" or "administration of student conduct," refers to the
university official or designee who reviews a wide range of reported
misconduct, may resolve misconduct cases, or may refer them to another
university official for adjudication. (4) "Whistleblower" refers to any member of the
university community (i.e., student, employee or volunteer) who makes a good
faith disclosure. (5) "Wrongful
conduct" means illegal, dishonest, discriminatory, or fraudulent activity
that constitutes a serious violation of university rule, a violation of
applicable state or federal law, or the misuse of university resources,
authority, or property, including the use of university resources for personal
gain. (D) Rule statement (1) Overview (a) NEOMED values the ability to foster a positive,
ethical, and productive environment where members of the university community
are encouraged to communicate, in good faith, actual or suspected wrongful
conduct. (b) If a member of the university community has knowledge
of or belief that wrongful conduct has occurred, the disclosing individual (the
whistleblower) must make a reasonable and good faith effort to determine the
accuracy of any information reported under this rule. (c) Any information report that proves to have been both
unsubstantiated and made with malice or with knowledge of its falsity is not
protected by this rule and may subject the whistleblower to
discipline. (2) Retaliation and
confidentiality protections (a) Retaliation by a member of the university community
against a whistleblower is prohibited. The right of a whistleblower for
protection against retaliation does not include immunity for any personal
wrongdoing of the whistleblower that is found to exist following an
investigation. (b) Any member of the university community who retaliates
against any whistleblower who makes a good faith disclosure is subject to
disciplinary action, up to and including suspension, termination, or
expulsion. (i) Employees or
volunteers who believe they have been retaliated against should contact the
office of human resources to file a written complaint. (ii) Students who believe
they have been retaliated against should contact the office of student services
to file a written complaint. (c) Members of the university community may not directly or
indirectly use or attempt to use the official authority or influence of their
positions or offices for the purpose of interfering with the right of an
individual to make a good faith disclosure to the appropriate university
official(s) regarding matters within the scope of this rule. (d) Good faith disclosures may be made on a confidential
basis by the whistleblower and may be submitted anonymously through the
university's third-party reporting service. (e) Good faith disclosures and investigatory records will
be kept confidential to the extent feasible, consistent with the need to
conduct an adequate investigation and in accordance with university policies
and applicable federal, state, and local laws such as the Ohio Public Records
Act. (3) False or reckless
claims (a) Members of the university community must exercise sound
judgment to avoid false, reckless or baseless claims. (b) Any individual who reports recklessly or with a willing
disregard for the facts, such that the report is found to be lacking in good
faith, such that the report is found to be lacking in good faith, they may be
subject to criminal charges and disciplinary action, up to and including
suspension, termination, or expulsion as determined by the employee's
appointing authority or the student conduct officer. (4) Communicating good
faith disclosures (a) Individuals who wish to be protected by state of Ohio
regulations and this rule must document their concerns in a written form that
provides sufficient detail to identify and describe the violation. (b) If a member of the university community has knowledge
of or information that wrongful conduct has occurred, that individual is
encouraged to immediately report such conduct to the proper university
official, as designated in paragraph (D)(4)(b) of this rule for
investigation. (c) If an individual is not comfortable speaking with their
supervisor, appointing authority, or student conduct officer, or is not
satisfied with the response they receive, individuals should direct their
concerns to the following office, as appropriate: (i) Academic and student
matters - office of student services, 330-325-6735 (ii) Criminal matters -
university police department, 330-325-5911 If a whistleblower reasonably believes that
the wrongful conduct is a criminal offense, the whistleblower may make a report
to a prosecuting attorney or police authority, in addition to or instead of
filing a written report in accordance with this rule. (iii) Employment matters
- office of human resources, 330-325-6729 (iv) Environmental and
occupational health and safety matters - office of environmental and
occupational health and safety, 330-325-6494 (v) Title ix matters -
title ix coordinator, 330-325-6736 (vi) Financial and
purchasing matters - accounting and budget office, 330-325-6399 (vii) Legal matters -
office of the general counsel, 330-325-6354 (viii) Grant and research
matters - office of research and sponsored programs, 330-325-6499 (ix) Information
technology matters - information technology department,
330-325-6911 (d) Supervisors or approval authorities who receive good
faith disclosures are required to contact the appropriate office(s) based on
nature of the good faith disclosure. (e) An alternative method to make a good faith disclosure
specific to accounting, financial, information technology, research, risk, and
safety matters is to utilize the university's anonymous third-party
reporting service found online. While such reports can be made anonymously,
the effectiveness of doing so may be limited when an individual has chosen to
not be identified. (f) External avenues for good faith disclosures include the
following: (i) The Ohio auditor of
state - public integrity assurance team; (ii) The Ohio civil
rights commission; (iii) The Ohio ethics
commission; (iv) The Ohio inspector
general; (v) The United States
department of education; (vi) The United States
department of labor; (vii) The United States
equal employment opportunity commission; (viii) National
institutes of health; and (ix) National science
foundation (5) Handling good faith
disclosures (a) Offices listed in paragraph (D)(4)(b) of this rule that
receive good faith disclosures will notify the disclosing individual (if their
identity is known) and acknowledge receipt of the reported disclosure within
ten working days for most issues and within twenty-four hours for alleged
criminal or environmental violations. (b) All reports will be promptly investigated within ninety
calendar days and appropriate corrective action will be taken if warranted by
the investigation.
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Rule 3349-7-170 | Winter break leave.
Effective:
October 28, 2010
(A) Purpose To establish a rule for winter break
leave. (B) Scope This rule applies to faculty, administrative
staff, unclassified hourly employees, and classified civil service employees.
This rule does not apply to student employees. (C) Definitions (1) Consult rule
3349-7-01 of the Administrative Code. (2) "On Call
Employees" refers to those employees who are not assigned a regular work
schedule; rather they are scheduled on an "as needed basis" and are
compensated at an established hourly rate based upon the job
assignment. (3) "Regular Rate of
Pay" refers to the employee's base rate of pay. (4) "Winter Break
Leave" are paid personal leave days designated at the discretion of the
president of the university under the authority delegated to the president by
the board of trustees. (D) Rule statement (1) Winter break leave is
designated at the discretion of the president. Winter break leave days may not
be rescheduled nor may they be substituted for other leave days or holidays by
the employee. (2) The university is
officially open in order to assure the performance of time sensitive or
essential functions. (3) Faculty and
administrative staff will be compensated at their regular rate of
pay. (4) Only the unclassified
hourly and classified civil service employees who have the prior approval of
their immediate supervisor to work during winter break leave will be eligible
to receive overtime compensation. These employees will be compensated in
accordance with the university's overtime compensation and compensatory
time rule. (5) On call employees
will not be compensated for winter break leave unless they are scheduled to
work by their immediate supervisor. If they are scheduled, they will be paid in
accordance with the university's overtime compensation and compensatory
time rule.
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