Chapter 3352-7 Administration Generally

3352-7-01 Parking.

(A) General policy.

(1) All persons operating vehicles and bicycles on campus are responsible for complying with the Wright state university parking policy and the vehicle laws of the state of Ohio, Greene county, and the city of Fairborn.

(2) The following policies apply to all vehicles operated on campus, including but not limited to motor vehicles, motorcycles, and bicycles.

(a) Pedestrians have the right of way at all times.

(b) Parking permits or fees are required in all parking lots from six a.m. until ten p.m., Monday through Thursday, and from six a.m. until four p.m. on Friday. Handicap, state vehicle, specifically assigned reserved spaces and resident lots are restricted at all times. Faculty and staff with a valid parking permit may use the unspecified A spaces after four p.m.

(c) Responsibility for locating a legal parking space resides with the vehicle operator. Lack of an available space is not justification for violation of parking regulations. Permit parking spaces in specific lots are not guaranteed to be available.

(d) The university assumes no responsibility for vehicles or their contents, including lost or stolen permits.

(e) Campus permits are sold and issued only by the department of parking and transportation.

(f) University funds may not be used to purchase parking permits for any employee including those hired through temporary employment agencies and adjunct professors.

(g) Departments charging a fee for workshops and classes may include the fee for their attendees' parking permit or they may require each attendee to purchase their parking merits.

(h) The legal permit registrant vehicle owner(s), vehicle operator, and/or permit holder is responsible for all violations involving the registered vehicle.

(i) Permits must be attached to the inside rear view mirror with the identification visible from the front of the vehicle.

(j) Transferring the permit to the vehicle being used is the responsibility of the permit holder.

(k) Only one permit may be purchased or issued per individual.

(l) Due to the limited availability of restricted parking spaces, the sale and issuance of permits may be discontinued at the discretion of the department of parking and transportation.

(m) Parking regulations are in effect at all times.

(n) The maximum vehicle speed limit on all campus roads, as well as in all parking lots, is twenty mph, unless posted otherwise.

(o) Overnight parking is not permitted. Exceptions are noted in paragraph (D)(5) of this rule.

(p) Vehicles must be parked inside the specified parking space lines.

(q) Two- or three-wheeled motor vehicles should park in lined out corners at the end of rows, except next to handicap spaces and fire lanes. If a lined out area is unavailable, faculty/staff may use a standard size B space, and commuter students may use a standard size C space.

(r) Wright state university parking permits are not valid during events at the Nutter (center.

(B) Bicycle parking.

(1) Bicycles must be parked in bicycle racks. Bicycles should not be parked in campus buildings, except student residence hall rooms, or locked to trees, light and sign posts, fences, or handrails.

(2) Riding bicycles on sidewalks and other pathways is permitted. Riding inside campus buildings and tunnels is not permitted.

(C) Visitor parking.

(1) Visitors, alumni and retiree visitors, to the main campus may park in visitors lot 2.

(2) The booth at the entrances to lot two (near the student union) will be open from eight a.m. until eight p.m., Monday through Thursday, and from eight a.m. until three p.m. on Friday. After the booth is closed on Monday through Thursday, a valid Wright state university Dayton campus parking permit is required for a vehicle to be parked legally.

(3) Visitor spaces are located in lot two, nine, ten, eleven, fifteen and twenty. Visitors must obtain a visitor permit from the attendant in the lot two booth, at no charge, to park in a visitor space in lot nine, ten, eleven, fifteen and twenty. The attendant will direct the visitor to the best lot based on the location of their visit and availability. Departments may also make requests in advance at visitorparking@wright.edu to obtain a visitor permit to send to their guest.

(4) Departments having guests should always contact the parking and transportation department at visitorparking@wright.edu.

(5) Departments having the same guest(s) for multiple meeting dates during a semester may request a visitor permit be issued for the dates by contacting our department at visitorparking@wright.edu.

(6) Departments hosting large (one hundred or more attendees) events or conferences should schedule for parking arrangements well in advance and be considerate of the impact on our student parking when scheduling dates and times. As you are aware, during the month of August and September all lots on campus except Nutter center are utilized to capacity especially before two p.m. Visitor lot two has a capacity of eighty-nine spaces and any overflow from lot two is directed to lot four. During the months of fall semester it may be necessary for the department hosting a large event to cover the expense to contract a charter company to shuttle guests from the Nutter center parking lots. Parking and transportation can assist you with locating a local charter bus company. We recommend that carpooling be encouraged for all events.

(7) Handicapped visitors must have a WSU visitor permit in addition to their state plate or placard. Visitors who require a handicap parking space for a lot other than lot two may obtain a permit and directions at the booth located at the entrance to lot two in front of the student union.

(8) Visitors to the/university libraries and art galleries may obtain a visitor parking permit at the visitor booth in lot two.

(9) Alumni may be approved to purchase a commuter "C" permit depending on availability. Enrolled students are given first priority.

(10) Retirees who become employed at Wright state University must purchase a faculty/staff "B" permit.

(11) When visiting resident students please go to www.wright.edu/admin click on permit parking and choose resident student parking permits number five for visitor information.

(12) Handicap parking permits

(a) Disabled individuals may contact the office of disability services for information about and assistance with obtaining a state issued or temporary handicap parking permit.

(b) To park on the Dayton (campus, in addition to displaying a state handicap placard:

(i) Handicap faculty, staff and contract staff must purchase a faculty/staff permit.

(ii) Handicap students must purchase a commuter student, resident, or park and ride permit.

(iii) Park and ride permits are valid in Raider lot twenty and Nutter center lot eight.

(iv) Specific information about permits and fees can be found in section D.

(13) Handicap parking spaces are located in visitor lot two; lots one, three, four, six, seven, eight (gated), nine, ten, eleven, thirteen, fifteen, sixteen, seventeen, eighteen and Raider lot twenty; and, near the entrances to all of the residential buildings.

(14) A student who needs to access the handicap spaces in gated lot eight must request that the department of parking and transportation activate the Wright One card. (Faculty/staff Wright one cards are automatically activated when a permit is purchased). A person who is unable to use the Wright One card reader may request a remote gate opener from the department of parking and transportation. A thirty-five dollar fee will be assessed for unreturned remote gate openers upon leaving WSU.

(D) Permits and fees.

(1) Faculty, unclassified and classified reserved (A) parking permits.

(a) Faculty, unclassified and classified staff who presently have reserved (A) parking permits, are currently employed full time on campus, and have not previously retired are eligible to reapply for a reserved permit.

(b) The reserved permit fee is listed in paragraph (K) of this rule.

(c) Reserved parking permits are valid only for reserved spaces within the assigned lot.

(d) Holders of reserved permits also may park in faculty/staff, commuter student, visitor, and Raider lot twenty. In addition, holders of reserved permits may park in unrestricted Nutter center lots one through nine, except during scheduled events.

(e) Reserved permit spaces are restricted to reserved permits until four p.m. only, Monday through Friday. After four p.m., any holder of a valid Wright state university faculty/staff parking permit, may park in an unspecified reserved space.

(2) Faculty/staff (B) parking permits.

(a) Faculty, staff and contract staff are permitted to purchase faculty/staff (B) parking permits. Graduate and teaching assistants are not eligible for B permits.

(b) The fees for faculty/staff permits are listed in paragraph(K) of this rule.

(c) Faculty/staff permit spaces are located in:

(i) Lots one, one a, three, four, seven, eight (gated), nine, ten, eleven, twelve (gated), fourteen, fifteen, sixteen, seventeen, eighteen, nineteen and Raider lot twenty. Signs at the entrances to the lots indicate that faculty and staff parking spaces are located within the lots.

(ii) Unrestricted spaces in Nutter center lots one through nine, except during scheduled events.

(iii) Unspecified reserved spaces after four p.m., Monday through Friday, and on Saturday and Sunday.

(d) Faculty/staff parking spaces are identified in lots with yellow lines, and commuter student spaces are identified with white lines. In consideration of commuter students, faculty/staff should use commuter spaces only when faculty/staff spaces are unavailable.

Faculty/staff permits are not valid in the residence lots. (Faculty assigned to teach a class at the Honors community may use the spaces provided next to the building.)

(e) Faculty/staff permit holders are not permitted to park in other restricted spaces that may be painted with yellow lines. (Handicap, visitor, A, reserved, university vehicle..etc).

(f) Gated lots eight and twelve require the use of a Wright One card to enter. Faculty/staff cards are activated when annual or semester permits are purchased.

(3) Commuter student (C) parking permits.

(a) Commuter students are eligible to purchase a commuter student (C) parking permits or Nutter center lot eight parking permits.

(b) The fees for commuter student permits are listed in paragraph (K) of this rule.

(c) Commuter student permits are valid in white lined spaces in:

(i) Lots one, one a, four, four a, six, seven, ten, eleven, twelve, thirteen, fourteen, sixteen, eighteen, nineteen, and Nutter center lot eight. Signs at the entrances to the lots indicate that commuter student parking spaces are located within the white lined spaces in the lots.

(ii) Lot four contains the majority of the student parking spaces (excluding park and ride lot) and is the most likely to have available space from ten a.m. to noon.

(iii) Unrestricted spaces in Nutter center lots one through nine, except during scheduled events.

(iv) Yellow lined faculty/staff spaces, unless otherwise posted, after four p.m., Monday through Friday, all day Saturday, and all day Sunday.

(d) Commuter student spaces are identified in all lots with white lines, and faculty/staff spaces are identified with yellow lines.

(e) Commuter student permit holders are not permitted to park in other restricted spaces that may be painted with yellow or white lines. (Handicap, A spaces, reserved, visitor, university vehicle, etc).

(f) A commuter parking permit is not valid in resident lots. Resident students are not permitted to purchase a commuter parking permit.

(4) Evening (E) (commuter student parking/permits.

(a) Evening commuter students with classes primarily after two p.m., Monday through Friday, are eligible to purchase an E parking permit. When commuter permit sales are discontinued, commuter students have to purchase the evening commuter permit.

(b) E permits are valid in commuter student (white lined) spaces after two p.m. Monday through Friday, and unrestricted faculty/staff (yellow lined) spaces after four p.m.

(c) E permits are valid in Nutter center lots seven and eight if you arrive on main campus before two p.m.

(d) The fees for E permits are listed in paragraph (K) of this rule.

(5) Resident student parking permits.

A resident student is not permitted to purchase a commuter (C) permit.

(a) The Honors, Woods, College park, and University park resident communities (D) parking permits are valid in your respective lots. If a space is not available in that lot you may park in the next closest community lot or Raider park and ride lot twenty.

(i) All residents must be parked in these community lots or Raider park and ride lot twenty between six a.m. and four p.m. Monday through Friday.

(ii) Resident permits are also valid in commuter (white lined) spaces on campus from four p.m. until six a.m., Monday through Friday and all day Saturday and Sunday.

(iii) Permits for the residents of the Woods and Honors are sold only to second year or greater students.

(6) Forest lane (L) and Hamilton hall (H) student parking permits.

(a) Forest lane (L) parking permits are valid in Forest lane community lot FL. If a legal parking space is unavailable in lot FL, a Forest lane permit holder may use the white lined commuter spaces in lot four.

(b) Hamilton hall (H) parking permits are valid in lot four in the white lined spaces.

Permits for residents of Hamilton hall are sold only to second year or greater students.

(c) Forest lane (L) and Hamilton hall (H) permits are valid in commuter (white lined) spaces on campus from four p.m. to six p.m., Monday through and all day on Saturday and Sunday.

(7) Village (V) student parking permits.

(a) Village (V) lot V parking permits are valid in lot V in spaces next to the buildings or in the adjacent lot near the picnic shelter.

(b) The Village (V) permit may be used to park in commuter (white lined) spaces on campus.

(c) Fees.

The fees for resident student and Raider lot twenty park and ride permits are listed in paragraph (K) of this rule.

(d) First year residents of the honors community, the woods and Hamilton hall must purchase park and ride permits. Other students who are residents also have the option of purchasing park and ride permits.

(e) Visitor parking is available with a parking permit. Visitor permits for overnight visitors may be from obtained at the department of parking and transportation by email, or at the visitor booth in lot two, from eight a.m. until eight p.m., Monday through Friday, and from eight a.m. until three p.m. on Friday. Residents may obtain a parking permit for their visitor that is valid in commuter student lot four or lot six (white lines). Open parking is available for visitors in campus lots (including faculty/staff and commuter student spaces) after four p.m. on Friday and all day on Saturday and Sunday. Visitor parking is not available in the residence lots at any time.

(f) Visitor parking permits are issued for up to two days at a time unless approved by residence services.

(g) Residential community permits are valid in unspecified Nutter center lots one through nine (no overnight parking). Park and ride permits are valid in Nutter center lots seven and eight (no overnight parking).

(8) Park and ride lot (N, R) student parking permits (refer to campus shuttle information in paragraph (E) of this rule.

Computer students

(a) Nutter center lot eight (N) park and ride parking permits.

(i) Commuter students are eligible to purchase Nutter center lot eight (N) permits.

(ii) Nutter center park and ride permits are only valid in NC park and ride lot eight.

Resident students

(b) Raider lot twenty (R) parking permits

(i) Resident students are eligible to purchase Raider park and ride lot twenty parking permits.

(ii) Raider park and ride lot twenty permits are valid only in Raider park and ride lot twenty (spaces identified with white lines) and in Nutter center lot eight (no overnight parking).

(a) The fees for park and ride parking permits are listed in paragraph (K) of this rule.

(b) Park and ride permits are valid in commuter (C) student (white lined) spaces during semester breaks and university observed holidays. Handicap persons with park and ride permits may park in any handicap space during semester breaks.

(c) Open parking is available at the Dayton campus in Faculty/staff and commuter lots (white lines), after four p.m. on Friday and all day on Saturday and Sunday.

(8) Service/vendor contractor (S) parking permits.

(a) Service/vendor/ contractor may purchase service (S) vehicle permits. The fees are listed in paragraph (K) of this rule. Service/vendor/ contractors should contact the department of parking and transportation for information and lot locations at parking@wright.edu or 937-775-5690.

(9) Temporary parking permits.

(a) Temporary permits are available at no charge to holders of valid annual and semester permits, when the valid permit has been forgotten or is unavailable to be displayed. Temporary permits generally are issued for one day only.

(b) Temporary permit fees are listed in paragraph (K) of this rule.

(c) A current vehicle license plate number is required to purchase a temporary permit.

(d) Non university students who are taking music, swimming or any other type of non-credit lesson may purchase a parking permit. The fees for these permits are listed in paragraph (K) of this rule.

(10) Replacement permits. Replacement permits are available for five dollars to an individual whose valid permit has been lost or stolen.

(11) Refunds.

(a) A person who purchases a parking permit and subsequently determines that he/she does not require the permit may return the permit and request a refund at the department of parking and transportation. Permit fees will be refunded according to the following schedule:

(i) Semester permits prior to the beginning of the semester, one hundred per cent; during the first two weeks of the semester, seventy per cent. Refunds will not be granted after the first two weeks of the semester.

(ii) An annual permit or multi-semester permit will be refunded on a prorated basis.

(iii) Refunds for faculty and staff that have purchased a permit through payroll deduction.

(a) The department of parking and transportation will notify the payroll office when the faculty or staff member returns a permit. The payroll office will stop deductions beginning the first pay period following notification.

(b) Failure to return the permit will result in the balance of the permit being taken out of the employee's final paycheck.

(b) Refunds will not be granted for temporary or replacement permits.

(c) Refunds will not be granted for semester breaks; refunds will not be granted for annual permits after summer semester B term and annual Faculty/staff permits after fall semester.

(d) A reserved (A) parking permit holder who requests a refund will relinquish the right to repurchase the reserved permit.

(e) Any outstanding fines or fees will be deducted from the refund amount.

(E) Campus shuttle. During fall, winter, and spring semesters, Monday through Friday, the campus shuttle provides transportation to and from Raider lot twenty, the residential communities, and the McLin gym at the Nutter center. Shuttle service is not available during university observed holidays, and breaks. Schedules are posted at the stops and are available on the shuttles, at the parking and transportation office, and athttp://www.wright.edu/admin/parking/shuttle.html

(F) Violations and fines. This policy applies to all vehicles operated on campus including but not limited to motor vehicles, motorcycles, and bicycles.

(1) Parking violations. The following parking violations are subject to a fine of twenty-five dollars to two hundred fifty dollars.

(a) Parking in a handicap space, or in the striped access aisle, without a legal handicap license plate or permit. According to the laws of the state of Ohio, a first violation is punishable by a minimum fine of two hundred fifty dollars, not to exceed five hundred dollars, plus any towing charges.

(b) Obstructing a fire lane, the flow of vehicular or pedestrian traffic, parking in any part of a road, pedestrian/handicap access (one hundred dollar fine, plus towing fee).

(c) Parking in any area not designated for parking, disregarding painted lines, or not entirely within one space (fifty dollar fine, plus the cost to repair any damage to university property).

(d) Displaying an illegal parking permit, a permit reported lost or stolen, or a permit that is reproduced or altered (one hundred dollar fine, plus towing fee).

(e) No/improper or improperly displayed permit in reserved (A), faculty and staff (B), state/United States government, service, vendor, visitor, or any space other than student commuter or resident spaces (fifty dollar fine).

(f) No/improper or improperly displayed permit in student commuter or resident spaces (twenty-five dollar fine).

(g) Parking in excess of posted time limit (twenty-five dollar fine).

(2) Violators of the university parking policy may be referred to appropriate authorities for disciplinary action in addition to paying outstanding fines and towing charges. A student may be referred to the office of student affairs. A faculty or staff member may be referred to his/her dean or department director, and his/her vehicle may be impounded.

(3) The department of parking and transportation reserves the right not to issue a permit to any person with one hundred dollars or more in unresolved fines.

(H) Towing a vehicle.

(1) Vehicles may be towed for the following violations:

(a) The vehicle is parked in a manner that creates a hazard to safety or construction progress or that obstructs or impedes the flow of vehicular or pedestrian traffic.

(b) The vehicle is parked with an illegal or invalid permit.

(c) The vehicle has accumulated one hundred dollars or more in unresolved fines or fees.

(d) An unauthorized vehicle is parked in a handicap space, reserved space, visitor lot, gated lot, state/United States government space, service/vendor space, or any other restricted space.

(e) The vehicle is obstructing a fire lane.

(2) Vehicles will be continued on the eligibility list for towing/booting until fines are paid to less than one hundred dollars. The university is not responsible for damage resulting from vehicle towing/booting or any other conditions as defined by this rule or by Chapter 4511. of the Revised Code.

(H) Fine payments.

(1) Fines may be paid with check, Visa, MasterCard or Discover card through parking services or by mailing the violation notice with the appropriate fine amount to the department of parking and transportation. Do not mail cash; a canceled check, money order stub, or bank statement will serve as a receipt. The violation notice should be included with the fine payment.

(2) Any violation notice that has not been paid or appealed within one month of issuance shall be considered unresolved.

(3) A fine must be paid in total; partial fine payments cannot be accepted.

(I) Appeals.

(1) Appeal forms and information concerning the appeal procedure are available online through parking services. Appeals must be filed within one month of issuance of a violation notice. The committee, consisting of one student government member, one faculty member, and one staff member, has been established to ensure fairness and equality of treatment.

(a) Before submitting an appeal, please be aware that the appeal board will not overturn citation appeals based on certain criteria.

(b) By filing an appeal, you are verifying that you have now read, understand, and will comply with the WSU parking policy.

(c) Fines for violations that have been appealed and denied are due immediately upon receipt of the appeal denial notification.

(d) Three appeals per semester will be approved for any permit not displayed if the permit holder parked in the appropriate lot space.

(e) A reappeal decision will be made by the chair of the advisory and appeals committee. Reappeal forms are available by emailing parking@wright.edu. A reappeal must be filed within two weeks of the decision of the appeals committee.

(J) Amendments. The parking advisory and appeals committee and the department of parking and transportation reserve the right to make amendments to this rule.

(K) Parking permit/fees

(1) Student commuter C permit, student evening commuter E permit, and student resident D, FL, H, V permits.

(a) Annual one hundred fifteen dollars.

(b) Fall and spring semesters ninety-fve dollars

(c) Semester fifty dollars

(d) Week/day five dollars

(2) Student park and ride commuter NC lot eight N permit and resident raider lot twenty R permits.

(1) Fall and spring semesters sixteen dollars

(2) Semester eight dollars

(3) Week/day one dollar

(3) Faculty/staff B permit, service/vendor/contractor S permit.

(1) Annual one hundred fifty dollars

(2) Semester sixty-three dollars

(3) Week/day six dollars

(4) Reserved A permit.

(1) Annual four hundred and thirty-six dollars

(5) Non WSU student taking music, swimming, or any other type of non-credit lessons.

(1) Semester fifteen dollars

Replaces: 3352 -7-01

Effective: 10/8/2012
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 3/6/78, 2/1/91, 7/16/93, 9/15/98, 2/15/02, 8/11/11, 10/8/12

3352-7-03 Environmental health and safety.

(A) Purpose. Wright state university strongly believes the position that it is the university's legal and moral obligation to provide employees, students, and visitors an environment to work, study, visit and conduct research that will be conducive to their health, safety, and well-being. Consistent with the university's mission Wright state is also committed to excellence in environmental stewardship on campus as well as within surrounding communities and globally. The university holds this responsibility at a level commensurate with other goals and values of the university.

The high priority assigned to this issue is reflected in the university's strategic plan, which includes sustainability as one of its core values and the encouragement and support of professional development and wellness of faculty and staff as an objective .

This policy establishes an environmental health and safety management system that will allow the university to meet these commitments.

(B) Scope.

The university president maintains ultimate responsibility for environmental health and safety on campus. The university, through the office of the president, has designated the department of environmental health and safety (EHS) as the departmental unit responsible for reviewing environmental health and safety rules and best management practices applicable to university operations. All levels of management, from the president to the individuals who directly supervise our faculty, staff and student employees as well as faculty who teach and conduct research and the staff who provide everyday services for the university are expected to be knowledgeable to their responsibilities as they relate to workplace safety and environmental protection. The scope of this policy is to:

(a) Prevent occupational and non-occupational injuries and illnesses;

(b) Provide facilities that are operated, designed, constructed, and/or renovated with consideration to applicable environmental health and safety rules and best management practices;

(c) Ensure compliance with applicable federal, state, and local environmental health and safety rules and regulations by promoting awareness throughout campus through education and training.

(d) Establish environmental health and safety goals for university employees.

(e) Ensure continual campus improvement in environmental health and safety performance.

(C) Responsibilities.

(1) President and provost. Maintain the university's commitment to environmental health and safety. Promote a philosophy that environmental health and safety on campus is everyone's responsibility and provide the authority and resources by which delegated departments and individuals can accomplish the environmental health and safety considerations of their activities.

(2) Vice presidents and deans. Define responsibilities and extent of authority for environmental health and safety throughout their organizations. Endorse the establishment of environmental health and safety related goals for their respective units. Endorse the establishment of environmental health and safety committees when warranted to provide a forum for campus involvement in the development of programs.

(3) Directors and chairs. Implement the authority provided to them by the vice president or dean throughout their unit. Work with the department of environmental health and safety to operate programs within their unit that meet or exceed established rules and regulations. Establish a program within their unit whereby environmental health and safety goals are given to employees and evaluate these goals annually. Ensure all employees under their supervision attend required environmental health and safety training.

(4) Managers, supervisors, and principal investigators. Attend environmental health and safety training as directed. Ensure employees are properly trained in occupational safety and health and environmental protection. Ensure work facilities, equipment, and tools are maintained in a clean and usable condition including, but not limited to, areas, equipment, and tools which, because of an employee's proximity to, or use of, places employees at an increased risk for injury or illness. Ensure work facilities, equipment, and tools designed for protection of the environment by limiting pollutant discharge are used and maintained in a clean and usable condition. Ensure proper corrective action is taken on any of their employees found not upholding their responsibility of this policy. The department of human resources shall be used as a resource for proper disciplinary procedures.

(5) Non-supervisory employees. Conduct their work activities in a safe manner and with regard to limiting the effect of their work on the surrounding environment including the discharge of pollutants to the air, water, or land. Utilize tools and equipment provided to them for the safe and environmentally protective accomplishment of all tasks. Such tools and equipment shall include, but not be limited to, personal protective equipment and pollution control devices. Attend environmental health and safety training as instructed by their manager or supervisor. Never work in a condition they feel is unsafe or creates an unnecessary negative impact on the environment and report such conditions immediately to their supervisor.

(6) Department of environmental health and safety (EHS). Responsible for the overall environmental health and safety program. Will work with other operating units on campus to determine program applicability, develop processes, identify training needs, train and/or assist in the development of departmental training, perform audits and inspections, perform sampling and analysis, ensure maintenance of records and submission of reports as required by applicable environmental health and safety rules, and track environmental health and safety metrics as a means of trending and university performance evaluation in environmental health and safety matters. Work with operating units to identify environmental health and safety goals for their employees. EHS is authorized to stop any work or operation it deems to be immediately dangerous to life and/or health or that is discharging pollutants to the environment in a manner inconsistent with applicable permits or environmental protection rules.

(D) Procedures.

The commitments of this policy will be met through university compliance with established programs developed under the guidance of EHS. All employees will be held accountable for their responsibilities as described in paragraph (C) of this rule. A key element for the successful implementation of this policy is the execution of the responsibility each employee has in ensuring proper training is given to applicable employees. The procedures for implementation of an EHS training program is listed in paragraph (E) of this rule.

Programs implemented by EHS as required under this policy are listed in this rule. All programs will be accessible by contacting the EHS or electronically by visiting the EHS website (www.wright.edu/admin.ehs).

(1) Occupational safety and health. As a public employer Wright state university must maintain compliance with the state of Ohio's public employment risk reduction program. The purpose of this program is to ensure that public employees in the state of Ohio are provided with a safe and healthful working environment. Public employers are to furnish employees a place of employment free of recognized hazards that may cause death or serious physical harm. Ohio House Bill 308 (as amplified in rules under agency 4167 of the Administrative Code incorporated by reference all of the federal occupational safety and health administration standards found in the Code of Federal Regulations 20 CFR parts 1910, 1926 and 1928 as Ohio Employment Risk Reduction Standards. Environmental health and safety shall ensure compliance with applicable rules by developing, maintaining, and implementing the programs listed :

(a) Hazard communication

(b) Asbestos operations and maintenance

(c) Confined space

(d) Fall protection

(e) Materials handling and storage

(f) Lockout/tagout

(g) Electrical safety

(h) Noise and hearing

(i) Personal protective equipment

(j) Respiratory protection

(k) Toxic and hazardous substances

(l) Laboratory safety

(m) Contractor safety and health

(n) Bloodborne pathogens

(o) Occupational health and medical surveillance

(2) Radiation safety. Wright state university is authorized to use radioactive materials and radiation-producing devices under specific licenses and registrations issued by the Ohio department of health contingent upon the appointment of a radiation safety committee (RSC) and a radiation safety officer (RSO). Together the RSC and RSO shall develop, maintain, and implement a radiation safety manual consistent with applicable rules to provide a university wide radiation safety program. The radiation safety manual shall contain policies and procedures established by the RSC for the comprehensive implementation of standards, procedures, and regulations set by federal and state agencies for the safe use of radioactive material and radiation producing devices. The strict observance by all users of radioactive material or radiation producing devices to the provisions of the radiation safety manual is required.

(a) Radiation safety committee. The RSC is established by and responsible to the vice president for research and graduate studies and consists of a chair, a representative of university administration, the RSO, and minimum of five authorized users of radioactive materials or radiation producing devices. The role of the RSC is to:

(i) Have responsibility and authority for radiation safety policy in all areas of the university and for all activities under the jurisdiction of the university.

(ii) Shall institute and periodically review university procedures for compliance with state and federal regulations and shall exercise the responsibility of the university for minimizing radiation exposure to students, employees, the public, and the environment; maintaining off-site radiation releases as low as reasonable achievable; and maintaining proper licensing and registration of radioactive materials and radiation producing devices.

(iii) Establish criteria for the qualification of users and for evaluation of proposed uses of radioactive materials and radiation producing devices.

(iv) Periodically review all aspects of the radiation safety program, including records, and shall have approval authority for radiation safety and control procedures implemented by the RSO.

(v) Shall act, subject to review by the vice president for research, in all matters of disputed policy or procedure.

(vi) Assure any person using radioactive materials or radiation producing devices is qualified by training and experience, has adequate facilities for safe use, and proposes safe use with adequate radiation safety precautions.

(b) Radiation safety officer. The RSO acts upon the guidance of the RSC and is appointed (with input from the vice president for research and graduate studies) by and reports to the director of environmental health and safety. The RSO has the authority to discuss and/or report any organizational, procedural, or safety issue with the vice president for research and graduate studies while carrying out their duties. The role of the RSO is to:

(i) Implement radiation safety control procedures in accordance with RSC approved policies and radiation safety standards established by the Ohio department of health and the radioactive material license and radiation producing device registrations.

(ii) Identify radiation safety problems, stop unsafe operations, and/or initiate, recommend, or provide corrective actions and verify the implementation of corrective actions.

(iii) Maintain records of the receipt, storage, use, transfer, and ultimate disposal of all licensed and registered radioactive material and radiation producing devices.

(iv) Provide initial and refresher safety training to users of radioactive material and radiation producing devices.

(v) Maintain records of personnel and use areas.

(vi) Serve as university representative during Ohio department of health inspections of university facilities, records, and use areas.

(vii) Review and update, with guidance from the RSC, the radiation safety manual and distribute to all users of radioactive material and radiation producing devices.

(viii) Provide advice and assistance to the RSC and principal investigators concerning containment procedures and practices, laboratory security, recommended laboratory containment equipment rules, regulations, and other matters as may be necessary.

(3) Biological safety. Wright state university faculty, staff, and students use various biological materials during certain research and teaching activities. The university shall establish an Institutional biosafety committee (IBS) and employ an institutional biological safety officer (IBSO) who together shall develop, maintain, and implement a biological material safety program consistent with approved guidelines of the centers for disease control (CDC) and the national institute of health (NIH). The IBC shall establish committee guidelines and policies and develop, maintain, and implement an institutional biological safety manual consistent with applicable guidelines of the CDC and NIH to provide a university wide biological material safety program. The strict observance by all users of biological material to the provisions of the institutional biological safety manual is required.

(a) Institutional biosafety committee. The IBC is established by and responsible to the vice president for research and graduate studies and consists of a chair, a vice chair, the IBSO, faculty researchers, two non-affiliated members, and other members as needed or required. The role of the IBC is to:

(i) Advise the president, provost, associate provosts, vice presidents, deans, and department chairs on matters related to biohazards and biosafety with their respective areas of responsibility.

(ii) Develop, recommend, and implement policies and procedures for biological risk assessment and biological risk reduction throughout the university.

(iii) Develop emergency plans for the containment and resolution of accidental spills and other related emergencies with an emphasis on risk reduction, personnel protection, and environmental protection.

(iv) Oversee all research and teaching activities involving biohazardous agents including review and approval prior to initiation, annual reviews and updates, reviews of laboratory safety equipment and procedures, and certification of compliance with all applicable rules and regulations governing the use of biohazardous materials.

(v) As an agent of the institution, ensure that all principal investigators are sufficiently trained in appropriate containment practices, secondary containment procedures, accidental spill containment, and their responsibilities as principal investigators.

(vi) Advise and provide technical expertise, whenever possible, to the IBSO on matters regarding biosafety.

(vii) Conduct investigation of serious violations or problems and to make recommendations to the vice president for research and graduate studies for the resolution of continued non-compliance or serious infractions.

(b) Institutional biological safety officer. The IBSO acts upon the guidance of the IBC and is appointed (with input from the vice president for research and graduate studies) by and reports to the director of environmental health and safety. The IBSO has the authority to discuss and/or report any organizational, procedural, or safety issue with the vice president for research and graduate studies while carrying out their duties. The role of the IBSO is to:

(i) Conduct periodic inspections of laboratories to ensure compliance with established containment procedures.

(ii) Identify biological safety problems, stop unsafe operations, and/or initiate, recommend, or provide corrective actions and verify the implementation of corrective actions.

(iii) Investigate laboratory accidents and report prolems, violations and injuries or illnesses associated with biohazardous research activities, to the institutional biosafety committee.

(iv) Develop and implement emergency plans for handling accidental spills and personnel contamination.

(v) Provide advice and assistance to the institutional biosafety committee and principal investigators concerning containment procedures and practices, laboratory security, recommended laboratory containment equipment, rules, regulations, and other matters as may be necessary.

(vi) Provide oversight and assurance that laboratory safety containment equipment is functioning properly including field testing and certification, where appropriate, of all biosafety cabinets.

(vii) Serve as a member of the institutional biosafety committee.

(4) Fire and life safety. EHS shall work together with physical plant casualty prevention and risk management and insurance to develop fire and life safety programs to protect the students, employees, visitors, and contractors of Wright state university. EHS's main role is to ensure programs meet or exceed the fire and/or life safety aspects of 20 CFR 1910 subpart E, subpart K, an subpart L.

(5) Laser safety. EHS shall develop, maintain, ad implement a laser safety program designed to protect campus laser users from the damaging effects of laser radiation. The program shall be consistent with the American National Standard for Safe Use of Lasers, ANSI Z 136.1 -2007 and in compliance with applicable sections of 29 CFR 1910.

(6) Accident/incident/illness investigation. EHS shall develop, maintain, and implement an accident, incident, and illness investigation program designed to determine causes for accident, incident, or illness (or any near miss thereof) occurrence and develop and implement preventive measures. This program shall include a reporting method for accidents, incidents, and illnesses.

EHS shall coordinate efforts with the office of general counsel to utilize workers compensation information to investigate trends and target prevention areas and reduce accidents, injuries, and illnesses occurring on campus while attempting to reduce overall workers compensation expenditures.

(7) Waste management. EHS shall develop, maintain, and implement chemical, universal, and infectious waste management programs in compliance with applicable Ohio environmental protection agency rules and a radioactive waste management program in compliance with applicable Ohio department of health rules. These programs will provide for the legal, efficient, and effective management of unwanted material generated by various university operations while protecting human health and the environment. These programs will not directly cover the disposal of ordinary refuse or the disposal of unwanted equipment. Separate programs operated by physical plant and excess and surplus property management include the recycling or disposal of this material.

(8) Environmental protection. Due to the varied nature of activities at Wright state university compliance with several environmental protection rules is necessary. These include, but are not limited to, programs covered by the Clean Water Act, Clean Air Act, Safe Drinking Water Act, and the Toxic Substance and Control Act. EHS shall work with affected departments to develop, maintain, and implement the various programs mandated under these acts which are applicable to the university.

(i) Drinking water management

(ii) Storm water management

(iii) Oil pollution prevention (spill prevention control and countermeasure plan)

(iv) PCB management

(9) Public health and sanitation. EHS shall work with physical plant dining services, student union operations, and the Greene county combined health district to assist in the maintenance of facilities that provide adequate public health and sanitation. This shall include the swimming pool and dining establishments on campus as well as general public health and sanitation issues that may arise.

(10) Hazardous material transportation. EHS shall develop, maintain, and implement a hazardous materials transportation program in compliance with applicable department of transportation rules. The purpose of this program is to ensure any individual or department on campus whose operation affects the safe receipt or transportation of hazardous material to or from campus is trained as required and that hazardous material is properly packaged and labeled. Depending on the nature or the hazardous material requiring transportation individuals may receive training directly from EHS or may be required to obtain proper training from another qualified trainer or training program.

(11) Hazardous material emergency response. EHS shall maintain a hazardous material response team to provide initial response to hazardous material releases on campus. Depending on the quantity, hazard type, and time of the release EHS is equipped to completely cleanup and mitigate most hazardous material spills. EHS shall maintain a trained staff to adequately access hazardous material releases and to determine if the release is within the capabilities of EHS to manage. Hazardous material releases not able to be managed by EHS shall be turned over to the jurisdiction of the Fairborn fire department who can utilize the local hazardous material response team as needed.

(E) Training and recordkeeping.

(1) EHS shall develop and provide training programs as required by applicable rules and regulations as well as training on industry accepted best management practices. Training programs will be provided by EHS tailored to groups of employees based on their level of administrative management supervisory or non-supervisory responsibilities and their job duties. Training programs may be provided by EHS to managers, supervisors, and principal investigators in a train-the-trainer style. These train-the-trainer programs will be designed to allow for the manager, supervisor, or principal investigator to provide job specific training to their employees.

(2) EHS shall establish outreach efforts to identify individuals on campus who require training. But it is the responsibility of individuals and departments as specified in paragraph (C) of this rule to fulfill the requirement of identifying faculty, staff, or students who require training and notifying EHS of this need. Training criteria shall be established by EHS for use by all employees to identify job specific required training for their position or their employees. This policy shall also be used by individuals to identify which EHS programs apply to them and their employees.

(3) New employee training. EHS shall develop, maintain and implement an Employee environmental health and safety training program to familiarize new employees with this Wright way policy and to communicate to them the programs managed by EHS, and other departments, that are operated to protect employees and minimize the university's impact on the environment. EHS shall utilize the resources of the department of human resources to ensure all new employees receive this training.

(4) EHS shall maintain records for all individuals when they provide the training. Recordkeeping for job specific training provided by managers, supervisors, or principal investigators to their staff is the responsibility of the manager, supervisor or principal investigator.

(F) Enforcement authority.

The department of environmental health and safety is authorized to ensure compliance with any programs or policies developed under the direction of Wright way policy 6001 unless such responsibility has been delegated to a committee established by an administrative office at the level of vice president or above. Compliance shall be accomplished by communicating identified deficiencies to the responsible manager or supervisor, who will take corrective action. When this course of action does not mitigate the deficiency the director of environmental health and safety shall work with the vice president, dean, director, or chair of the affected unit to implement corrective action. Final enforcement authority, if necessary, will come from the office of the provost.

Replaces: 3352-7-03

Effective: 7/1/2009
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91, 8/31/01

3352-7-04 Pregnancy in the workplace and in academic and research settings.

(A) Purpose of policy. The policy on pregnancy in the workplace and in academic and research settings has been established in an effort to preclude harm being done to any pregnant woman and/or her unborn child by being exposed to biological, chemical, and/or physical agents while working or attending classes or other activities at the university.

(B) Procedures.

(1) All work areas, as well as academic and research settings, of the university where exposure to biological, chemical, and/or physical agents can occur shall be identified by the department of environmental health and safety. The department of environmental health and safety shall notify appropriate departmental directors of the identified areas and shall supply to those individuals boldly printed signs directing attention to the potential hazard. The signs shall advise any pregnant employee or student to contact her physician immediately concerning the potential of harmful exposure.

(2) Directors of all units/departments are responsible for posting such signs prominently in each identified location and are responsible for replacing such signs should they be damaged or lost.

(3) Information about specific biological, chemical, and/or physical agents to which exposure may occur can be obtained from the unit/departmental director or from the department of environmental health and safety.

(4) All job descriptions for positions in identified areas shall include a notice that the workplace may be hazardous to pregnant employees and/or their unborn children. This requirement applies to university employees, as well as to student employees.

(C) Employment and academic assistance. When a pregnant employee, student employee, or student has decided not to work in an area or attend a class which offers the potential for exposure to biological, chemical, and/or physical agents, that decision should be discussed with the following departments:

(1) Department of human resources for university employees and student employees.

(2) Academic advisor or department chair for students.

Replaces: 3352 -7-04

Effective: 5/31/1999
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91, 7/31/94, 5/31/99

3352-7-05 Tobacco free policy.

(A) Introduction. In order to promote a healthy environment in which to work and learn for our students, faculty, staff and visitors, Wright state university, through this rule designates the Dayton and Lake (Campuses as tobacco-free spaces. Reports by surgeon generals for almost fifty years indicate that there is no safe level of cigarette smoke and tobacco is the leading cause of preventable death and disability in the United States. Furthermore, tobacco products are a leading cause of fires and campus litter.

This rule is a reflection of the university's obligation to provide members of the university community and visitors an environment conductive to their health, safety and well-being. The policy also underscores the value the university places on research-based knowledge translated into practice.

This rule establishes procedures governing the use of tobacco and related products on Wright state university campuses that are in line with the recommendations of the Ohio board of regents as well as the campus committee charged with researching the issue

(B) Rule statement. Tobacco use, including the sale, advertising sampling and distribution of tobacco products and tobacco related items is prohibited in all university facilities, on all university owned or leased grounds, university owned or operated residence halls and apartments, and at all university sponsored events regardless of location. Tobacco use is also prohibited in all university vehicles or on any equipment owned, leased or operated by Wright state university.

This rule applies to anyone on campus including students, faculty, staff, visitors, consultants, vendors, patients, volunteers, and contractor employees.

(C) Definitions.

(1) Tobacco - defined to include any product that contains tobacco, is derived from tobacco or contains nicotine (or lobelia), that is intended for human consumption, or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, or ingested by any other means. This includes e-cigarettes and other electronic smoking devices, but does not include any cessation product approved by the United states food and drug demonstration for use as a medical treatment to reduce and eliminate nicotine or tobacco dependence.

(2) University facilities - defined as any facility or property owned, leased, or occupied by the university. This includes but is not limited to: classrooms, restrooms, auditoriums and arenas, residence halls, offices, lounges, dining area, recreational and athletic facilities, parking lots, rooftops, storage areas, garages, sidewalks, bridges and other walkways, and all extension locations.

(3) Tobacco promotion - advertising, sales and distribution are prohibited on campus grounds, in all university sponsored publications and at all university sponsored events. University affiliated organizations are prohibited from accepting any form of contribution including but not limited to, financial support, gifts (such as curriculum, book covers, speakers, etc.) or in-kind support from the tobacco industry for the sponsorship or promotion of any event or activity affiliated in any manner with the (college/university) or located on university grounds.

(D) Compliance. All members of the campus community share the responsibility for observing and enforcing this rule; and the success of the policy depends upon the thoughtful consideration of tobacco users and non-users. The primary goal of the university is to achieve one hundred percent compliance with this rule using information, education and support (see paragraph (F) of this rule. It must be noted, however, that this rule will be enforced in accordance with existing complaint processes:

(1) Concerns about tobacco use should be respectfully addressed in the moment whenever possible.

(2) Continued concerns should be addressed to the appropriate unit head for review and action.

(3) For faculty, staff, and student employees, issues should be referred to the employing unit head.

(4) For students in the non-employment setting, issues should be referred to the office of (community standards and student conduct.

(5) For volunteers and visitors, issues should be referred to the head of the hosting unit. Visitors refusing to comply may be asked to leave. For employees of contractors, violations should be referred to the project manager.

(E) Limitations. Tobacco use, including the sale, advertising, sampling and distribution of tobacco products and tobacco related items, may be permitted at certain university-sponsored events with approval of the provost or a designee. Additionally, use may be approved for controlled research or for educational, clinical, or religious ceremonies with prior approval of the provost.

(F) Cessation support. The university shall make available to faculty, staff and students comprehensive tobacco usage cessation programs including no cost or low cost counseling and medication based solutions.

(G) Rule administration. Appropriate signs indicating that tobacco use is not permitted will be posted throughout the campus at entrances and other appropriate locations on all academic buildings, administrative spaces, parking lots and athletic field. Students will be provided notice of this policy through student handbooks and personnel will be provided notice of this rule through personnel handbooks. University vehicles will display the international "No Smoking" insignia. Announcements will be made during home athletic events both before the event and during intermission, as well as at all school functions where deemed appropriate.

The university cabinet will facilitate the development of administrative guidelines and procedures as necessary to implement this rule beginning July 1, 2017 including provisions for notification, communications, training, signage, and complaint procedures.

Replaces: 3352-7-05

Effective: 7/3/2017
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91, 2/1/93, 1/24/15

3352-7-06 Drug-free workplace.

(A) General background. The Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1989 require all federal contractors, federal grant recipients, and recipients of any federal funds whatsoever to implement a comprehensive substance and alcohol abuse policy. Wright state university is considered a federal contractor under these acts and as such shall comply with all provisions of them. This policy shall apply to the entire university community: faculty, staff, graduate assistants, and students.

(B) Policy. The university is committed to maintaining a workplace free of illegal drugs or the unlawful use of alcohol. The university prohibits the possession, manufacture, distribution, dispensation, or use of illegal drugs and the unlawful use, possession, or distribution of alcohol or controlled substances on all university property and at any locations where employees or students are conducting university related business or activities and when using university vehicles or private vehicles on university business or in the conduct of university activities.

(C) Substance abuse counseling. Resource information regarding health and safety concerns about substance abuse and information regarding the availability of and/or referral to community based approved substance abuse counseling and rehabilitation services are available through a variety of university and community based services, including the:

(1) Raider alcohol and substance abuse awareness program.

(2) Wright state university psychological services center.

(3) Department of human services.

(4) Greene hall chemical dependency treatment services.

(D) Sanctions for violation of standards of conduct. Wright state university has used and will continue to use progressive discipline in administering sanctions for violations of this policy; however, the university reserves the right to determine when the serious nature of a violation or arrest without adjudication requires that the university take immediate action. Such action may include but is not limited to:

(1) Faculty and staff.

(a) Written reprimands.

(b) Transfer to other duties.

(c) Suspension.

(d) Demotion.

(e) Termination.

(f) Referral to appropriate authorities for prosecution for violations of the standards of conduct described in this policy.

(2) Students.

(a) Disciplinary probation.

(b) Suspension.

(c) Dismissal.

(d) Referral to appropriate authorities for prosecution for violations of the standard of conduct described in this policy.

(3) Students, faculty, and staff may be referred to appropriate drug or alcohol abuse treatment facilities, as a condition of continued employment and/or student standing.

(4) Any member of the work force convicted of a violation of the criminal drug statutes occurring in the workplace shall notify the assistant vice-president for human resources within five days after such conviction. The university is obligated to notify federal contracting agencies/officials (if appropriate) within ten days after receiving notice of the conviction. Within thirty days after receiving notice of the conviction, the university shall take appropriate disciplinary action.

(E) University noncompliance sanctions. The federal government may suspend contract payments and/or terminate a contract. The government may suspend or debar (for a period not to exceed five years) the contractor if the head of the contracting agency determines:

(1) The contractor has made a false drug-free workplace certification.

(2) The contractor has violated the certification by failing to carry out the requirements.

(3) Such a number of the contractor's employees have been convicted of criminal drug statute violations occurring in the workplace as to indicate that the contractor has failed to make a good faith effort to provide a drug-free workplace.

(F) Related department of defense rules. Contracts or grants issued by the department of defense on or after October 31, 1988, are subject to regulation under the Drug-Free Work Force Act (as well as compliance with the Drug-Free Workplace Act and office of management and budget regulations).

(G) Policy review. The department of human resources with the assistance of the office of legal affairs, the division of student affairs, and the office of research and sponsored programs shall review this policy every two years to determine the effectiveness of the policy and to ensure that sanctions are being consistently enforced. When recommended, changes shall be forwarded by the department of human resources to appropriate authority for review and for amendment of this policy.

Replaces: 3352 -7-06

Effective: 2/1/1991
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91

3352-7-07 Travel.

(A) General travel policy.

(1) To accomplish its stated purposes, the university authorizes its personnel (including students and other individuals on authorized university travel status) to engage in travel and provides budgetary funds for reimbursement of certain related costs.

(2) The authorizing department shall follow the guidelines in this policy when reimbursing travel costs incurred by consultants and independent contractors. However, a department has the option of reimbursing meals and incidental expenses at actual cost, with appropriate documentation.

(3) Reimbursement requests from university personnel shall be honored if the traveler received proper prior authorization and if the expenditures incurred were in accordance with the guidelines in this policy. Colleges and departments have full discretion as to the appropriate level of travel reimbursements, up to the maximum amounts allowed by this policy.

(4) These regulations apply to all university related travel expenditures including operating budgets (ledgers 2 and 4) and federal, private, and other grants unless the grantor specifically authorizes in writing that a different policy shall apply. The principal investigator of a research grant is responsible for complying with the travel regulations of the grantor. All incomplete expense reports requiring additional documentation or explanation/justification of travel expenses after initial review by the accounts payable office will be sent to the business manager of the applicable college/department for follow-up. Only substantiated expenses compliant with this policy will be reimbursed. A travel expense report checklist as well as a sample completed expense report can be found at the back of this travel policy and can also be found at http://www.wright.edu/admin/finanserv/forms.htm to help the traveler understand key components of this policy and to be used as an aid while on travel status.

(5) Where the traveler incurs and claims expense for which there is a lost or missing receipt, the traveler must include with the expenses report an itemized listing of those expenses with and explanation of facts surrounding the lost or missing receipt. Both the traveler and the supervisor must sign the listing. The template form to be utilized for this itemized listing can be found at the back of this travel policy and at http://www.wright.edu/admin/finanserv/forms.htm . This form must be used to document all missing receipts.

(6) Any exceptions to this policy must be approved in writing by the provost or appropriate vice president.

(B) Authorization of travel.

(1) All travel involving overnight lodging must be approved in advance of the travel by the individual (e.g., provost, vice president, dean, or director) responsible for the budgetary source of funds from which the expense is to be paid.

(2) After approval, the travel authorization form can be forwarded to the accounts payable office if the department wishes to encumber the amount of the travel.

(3) The approved travel expense report section of a travel authorization and travel expense report form certifies the propriety of all expenses listed as actually necessary to the performance of official university business. Upon completion of the travel, the white copy of the travel expense report form, along with appropriate itemized receipts, should be forwarded to the accounts payable office for reimbursement within sixty days of completing the trip. This form is to reflect all expenses related to the travel, including prepaid expenses (with a reference to the form used to make the prepayment) that may have been made utilizing a procurement card or departmental purchase order. Receipts of all expenses documented on the travel expense report must be attached to the form. It should be noted that missing receipts and other missing documentation to support travel expenses constitute the single largest factor in necessitating the return of the expense report to the college/unit and delaying the travel reimbursement. In addition, the business purpose of the trip must be documented within the expense report. This can be performed by including a copy of the conference itinerary, including the appropriate portion of the conference program, or any other means that clearly describes the business nature of the trip. A copy of any conference registration and itinerary is required to substantiate the dates of the conference and any included expenses such as meals. The travel expense report must be approved by the traveler's supervisor. Reimbursement requests submitted later than ninety days after the travel has been completed must be approved by the provost or appropriate vice president and may, due to internal revenue service regulations, become taxable income to the employee.

(4) A travel expense report must be submitted even if all expenses have been paid by the university through the use of a procurement card or other means and even if no personal reimbursement to the traveler is required. The report is needed to ensure compliance with university travel policies.

(C) Travel headquarters.

(1) The headquarters of an employee is the office address of his/her primary work assignment.

(2) The headquarters of an employee whose primary work assignment involves regularly scheduled and recurring travel shall be the place from which the employee can be dispatched most effectively in carrying out assigned duties.

(D) Prepayment of expenses.

All travel expenses shall be paid by the traveler and submitted for reimbursement on the travel expense report form. However, payment and reimbursement for airline tickets and conference or workshop fees may be made in advance of the travel. All conference/workshop registrations must include the portion of the conference/workshop program that details the business purpose and the various expenses included as part of the registration fee. This section of the conference/workshop program must also be submitted with the completed travel expense report.

(1) The university has a procurement card program whereby individuals or departments may be issued a university credit card for the purchase of goods and services for official university business expenses. Travel expenses, including airline tickets, conference fees, and hotel accommodations, may be charged to the procurement card. Currently, the limit for each travel procurement card transaction is one thousand five hundred dollars, with a five thousand dollar monthly limit. Whenever possible, use of the procurement card for travel expenses is strongly encouraged. The procurement card is available to all university personnel upon departmental approval. Applications may be obtained in the office of the controller or at https://www.wright.edu/interna/finserve/procard.htm .On all receipts submitted with the travel expense report that were paid using a credit card, the traveler must clearly indicate whether the credit card is a personal card or a Wright state university procurement card.

(2) If a department wishes to have a prepaid ticket forwarded to another city for use of a guest of the university, this request can be arranged through the university's preferred travel agency. The department can purchase these tickets using their university procurement card. In this instance, a travel authorization form is not required.

(3) In order to receive reimbursement for airfare or conference/workshop fees that have been paid in advance by the traveler, the employee must submit an approved DPO or purchase requisition (for an amount greater than one thousand dollars) to the accounts payable office, along with appropriate documentation. Alternatively, the traveler can attach appropriate documentation to an approved DPO or purchase requisition, send the approved form to the accounts payable office, and have the vendor paid directly.

(4) When a traveler has prepaid expenses included on the travel expense report, the traveler must include with the expense report an itemized listing of those expenses that total to the amount of prepaids listed on the face of the report. The template form to be utilized for this itemized listing can be found at http.//www.wright.edu/admin/finanserv/forms.htm . This form must be used to document all prepaid expenses.

(5) While the university's general policy prohibits cash advances, there are very unusual circumstances in which certain international trips (and in rare instances domestic trips) require the use of significant amounts of cash as the only means of payment. This would be when neither credit cards, checks, nor other electronic means of payment are accepted by the various vendors. In those limited instances, the traveler must fill out a "Request for Travel Advance" form which can be found at http://www.wright.edu/admin/finanserv/forms.htm . This form documents the request and circumstances requiring the need for a cash advance. The primary business manager of the college/unit must approve the request, and the form should be attached to either a departmental purchase order (if under one thousand dollars) or requisition (if greater than one thousand dollars). The advance is to be treated as a prepayment and accounted for as such when filling out the travel expense report at the conclusion of the trip. The advance will be charged to the travel FOAP and any excess cash at the conclusion of the trip will be submitted to accounts payable with the expense report where it will be deposited back to that same FOAP. All travel advances are the personal responsibility of the traveler. As this provision is to be used only in a very limited circumstances and is not simply an option of convenience for travelers, business managers in conjunction with the office of the controller will have final determination as to the need for an advance.

(E) Allowable transportation expenses.

(1) Automobile.

(a) Travel by privately owned automobile is authorized only if the owner of the vehicle is insured under a policy of liability insurance complying with section 4509.51 of the Revised Code, which requires the following coverage: twelve thousand five hundred dollars for bodily injury or death of one person in any one accident; twenty-five thousand for bodily injury or death of two or more persons in any one accident; and seven thousand five hundred dollars for property damage in any one accident. When an employee is traveling by privately owned automobile, the liability insurance of the owner of the vehicle and/or the driver of the vehicle provides primary coverage before any coverage purchased by the university.

(b) There will be no reimbursement from the university for any deductibles paid by an individual for business usage of a privately owned automobile.

(c) Reimbursement for travel by privately owned automobile is authorized not to exceed the rate based on prevailing internal revenue service regulations. Effective January 1, 201 7 the internal revenue service rate of reimbursement is fifty- 3.5 cents per mile. Effective for travel occurring on or after that date, university departments may reimburse up to that rate.

(d) Mileage is payable to only one of two or more employees traveling on the same trip and in the same vehicle. The names of all persons traveling on the same trip and in the same vehicle, as well as the employing department of each person, must be listed on a travel expense report.

(e) For automobile trips over seven hundred miles, the lower of actual mileage or round trip coach air fare, whichever is lower, shall be the maximum amount reimbursed. Documentation must be included with the travel expense report to support the appropriate reimbursable amount. It is reasonable to include all necessary travel expenses when making the comparison of driving costs versus flying costs. These would include (for instance) airport parking, airport shuttle to/from the hotel, mileage to/from the local airport and parking at the hotel when driving. Flight pricing should be obtained at approximately the same time as the conference registration in order to obtain the most appropriate flight costs and should be the lowest fare available. Alternatively, a traveler may submit a request for reimbursement for a maximum of seven hundred miles of personal mileage without performing the cost comparison described in this rule.

(f) When a department utilizes a university owned vehicle and is involved in an accident, the department is responsible for any applicable deductible.

(g) When a traveler chooses to use a rental agency vehicle for local use, the traveler should contact WSU's preferred agency for specific information. Rental rates were competitively bid and include drop off/pick up service at WSU and necessary liability and collision insurance charges. For all other rental agency vehicle use, the traveler should purchase liability insurance (one hundred thousand dollars/three hundred thousand dollars/fifty thousand dollars). The traveler should not elect to purchase collision insurance, which is provided by the university policy. Please refer to "Wright Way Policy 2601.3 " for more information about rental vehicles. While on overnight travel status, the traveler should consider rental vehicles only when they are estimated to be cheaper than any necessary taxi/shuttle fees. The most economical vehicle should also be selected. The traveler should always reserve and pay for a rental vehicle using a university procurement card.

(i) Rental agency vehicles used within the United States for official university business.

The traveler should always reserve and pay for a rental vehicle using a university procurement card. In such instances, the deductible on collision insurance may be covered by university procurement card. Otherwise, the department responsible for renting the vehicle will pay any applicable deductible.

(ii) Rental agency vehicles used outside the United States for official university business.

The traveler must purchase the mandatory/compulsory/statutory limits of liability insurance required by the foreign country in which the traveler is conducting official university business. It also is mandatory that the traveler purchase collision insurance. The university's foreign liability policy will provide excess liability limits, if necessary.

(iii) Summary of guidance requiring purchase of insurance when renting a vehicle:

Guidelines for purchasing insurance when renting a vehicle outside the United States

Liability insurance - purchase the minimum amount of insurance required by the host country. Additional coverage is provided by the university's foreign liability insurance policy.

Collision Insurance - Purchase. The department is responsible for any deductible.

Inside the United States

Method of Payment

  
     

University Procurement Card

  

Other form of Payment

Rental Agency

WSU Preferred Provider (currently Enterprise)

Liability - Not Required. Included in Contract with Preferred Provider.

Collision - Not required. Included in Contract with Preferred Provider. Collision Deductible = zero dollars

Liability - Not Required. Included in Contract with Preferred Provider.

Collision - Not required. Included in Contract with Preferred Provider. Collision Deductible = zero dollars

     
  

Other Provider

Liability - Must elect to purchase one hundred thousand dollars/three hundred thousand dollars/fifty thousand dollars coverage.

Collision - Covered by university policy.

Procard may pay deductible

  

Liability - Must elect to purchase one hundred thousand dollars/three hundred thousand dollars/fifty thousand dollars coverage.

Collision - Covered by university policy.

Department pays deductible

(2) Common carrier.

(a) Payment or reimbursement is authorized at the lowest available rate. Airline reservations should be made as early as possible to take advantage of super saver and other discounted rates. The least expensive mode of travel should always be chosen giving consideration to constraints on time, value of employee time, elimination of overnight lodging, and cost of meals. In those circumstances when flights are cancelled due to actions by the airlines or other unforeseen circumstances of the traveler, all credits received by the traveler should be tracked by the traveler and business unit in order to utilize the credit on a future travel. It is expected that these credits may not always be able to be utilized, but it is still encouraged that non-refundable tickets (which result in the creation of credits as opposed to refunds) be purchased rather than purchasing the much more expensive refundable airline tickets simply to receive a refund should a cancellation occur.

(b) This expense must be listed on a travel expense report and be accompanied by receipts.

(3) Other aircraft.

(a) Under no circumstances is an employee to:

(i) Fly personally owned aircraft on university business

(ii) Fly with anyone who is not an approved charter operator (see "Risk Management" website for approval information)

(iii) Arrange a charter flight with anyone who is not an approved charter operator

(iv) Authorize anyone to fly their own aircraft or charter an aircraft on university business

(b) In the event a private charter is necessary, approval to hire a charter must obtained from the vice president for business and fiscal affairs (or designee) and the charter company must be approved by the office of risk management prior to signing a charter contract.

(4) Expenses must be listed on the travel expense report and be accompanied by receipts.

(5) Frequent flyer credits.

Frequent flyer credits earned by university employees for travel on university business cannot be used for personal travel. There credits must be applied towards future university travel.

(6) Other transportation expenses.

(a) Reimbursement can be claimed for ferry, bridge, highway, and tunnel tolls. Receipts are not required.

(b) Reimbursements can be claimed for parking charges and taxi fares. A receipt is required for each item of expense greater than five dollars. Best efforts should be made to park personal vehicles at airports utilizing the least expensive airport rate for trips exceeding forty-eight hours.

(c) Any other out of pocket expense, such as road service and towing charges, directly chargeable to the operation of a university owned vehicle and incurred while traveling in such vehicle, can be reimbursed subject to approval by the director of the department of parking and transportation.

(d) Expenses must be listed on a travel expense report and be accompanied by receipts.

(F) Allowable living expenses.

The following allowable living expenses are university guidelines. The provost or appropriate vice president or dean can impose additional limits or restrictions.

(1) Lodging.

Exceptions to the lodging guidelines will be made only when approved by the provost or by the appropriate vice president or dean.

(a) Employees are asked to avoid luxury type suites or hotels whenever possible (unless they are the site of a conference). The employee should ask for the best corporate or academic rate available.

(b) Travel agents are often able to arrange discount room rates for Wright state travelers, except where blocks of rooms are reserved for a conference or workshop.

(c) Lodging can be claimed only if the travel destination is thirty miles or more from the employee's home or from the employee's primary work location, whichever mileage is less.

(i) An employee authorized to travel on official university business may claim reimbursement for lodging cost not to exceed the single room rate, including tax. The authorizing department has the final determination as to the amount of the reimbursement, subject to the limitation.

(ii) Receipts for lodging must be submitted with a travel expense report form.

(iii) Reimbursement for noncommercial lodging in a private dwelling is limited to fifteen dollars per calendar day. The employee must provide some form of receipt.

(2) Meals.

(a) Consistent with internal revenue service regulations, employees may not be reimbursed for meal expenses unless traveling on overnight status. When the traveler is off campus on one-day trips, meal expenses are the responsibility of the traveler.

(b) Reimbursement is permitted when the employee is engaged in legitimate business activities with nonemployees of the university. Appropriate documentation (receipt with business purpose, persons in attendance, amount, date, etc.) is required.

(c) Allowable rates for meals when employees are on overnight travel status are based on prevailing internal revenue service regulations. When overnight travel requires a portion of a day, employees can claim reimbursement for meals according to the allowable rates. Receipts are not required. Effective July 9, 2012, the meals diem rate for domestic travel is forty-six dollars per day. The per diem should be prorated for partial days as follows:

(i) Breakfast ten dollars: must be on authorized travel status prior to eight a.m.

(ii) Lunch fourteen dollars; must be on authorized travel status prior to noon.

(iii) Dinner twenty-two dollars; must be on authorized travel status prior to five p.m. and return after seven p.m.

(iv) The above allowable rates include tax and gratuities.

(d) However, when traveling to a high cost area, federal tax regulations allow for a fifty-one dollars per diem. Receipts are not required. The per diem should be prorated for partial travel days as follows:

(i) Breakfast eleven dollars; must be on authorized travel status prior to eight a.m.

(ii) Lunch fifteen dollars; must be on authorized travel status prior to noon.

(iii) Dinner twenty-five dollars; must be on authorized travel status prior to five p.m. and return after seven p.m.

(iv) The allowable rates listed in this rule include tax and gratuities.

(v) The high cost areas included in this policy are: Atlanta, Georgia; Atlantic City, New Jersey; Baltimore, Maryland; Boston, Massachusetts; Chicago, Illinois; Denver, Colorado; Dallas, Texas; Detroit, Michigan; Houston, Texas; Indianapolis, Indiana; Las Vegas, Nevada; Los Angeles, California; Nashville, Tennessee; New Orleans, Louisiana; New York City, New York; Newark, New Jersey; Newport, Rhode Island; Orlando and Tampa, Florida; Philadelphia and Pittsburgh, Pennsylvania; Phoenix, Arizona; Providence, Rhode Island; Salt Lake City, Utah; San Diego and San Francisco, California; Seattle, Washington; St. Louis, Missouri; Washington, D.C.; and, all destinations outside the continental United States.

If the actual travel location happens to be a suburb or location adjacent to one of the above cities that the traveler believes is still within the high cost locality as defined by the internal revenue service, it is the traveler's responsibility to provide substantiation of that fact by attaching documentation to the travel expense report demonstrating that fact. However, this does not extend to other cities or areas not specifically identified in this policy.

(e) When traveling to an international location as defined by the U.S. department of state, travelers are to use the meals per diem rates provided by the department of state. The daily per diem rates can be found at http://aoprals.state.gov/web92/per_diem.asp. These rates differ by countries and cities. The rates are updated monthly. Therefore, the traveler should take care to utilize the website and to choose the appropriate rate for the month during which the travel occurred. The per diem rates to be used are labeled "M & IE Rate." If it is necessary to break daily rates down by individual meals due to partial visits to a particular city/country, the percentages to be allocated to each meal are: breakfast - twenty per cent, lunch - thirty per cent, and dinner - fifty per cent. It is also important to note that unless the traveler is actually within the city limits of a particular city, the traveler must use the per diem rate for the city listed at "Other" regardless of how close the traveler is to a particular city.

(f) When meals are included in a conference or in air fare, no reimbursement for those meals will be permitted as part of the per diem rate. When a conference provides hors d'oeuvres as a meal, it is the traveler and supervisor's judgment as to whether it is sufficient sustenance to be considered a meal.

(g) Expenses incurred for entertainment or alcoholic beverages are considered personal and are not reimbursable.

(h) Some conferences assess a separate charge for meals or banquets that are provided during the period of the conference. When these meals are offered at the conference site with the expectations that all conference participants are to attend, these costs will be reimbursed in lieu of the standard per diem charge. If the meal is offered at an off site location, the cost will be reimbursed only if the traveler can demonstrate the business purpose or relationship to the conference consistent with paragraph (F)(3)(c) of this rule.

(3) Miscellaneous living expenses.

(a) Expenses incurred for laundry, dry cleaning, and pressing can be reimbursed if the employee is on continuous travel status in excess of one week without returning home.

(b) Expenses incurred for special purchases essential for the fulfillment of the travel or work assignment can be reimbursed upon approval by the head of the employee's department.

(c) Costs for conference excursions or other optional events are allowable only if they are business or scholarly purposes. These items must be pre-approved by the supervisor and chair/director, and a description of the excursion provided with a memorandum documenting the business purpose must be attached to the travel expense report. It is expected that very few of these offerings meet these business criteria. Almost all principally for social and/or recreational purposes and should be the responsibility of the traveler. Personal phone calls are limited to one call per day while on authorized overnight travel status. Reimbursement of personal phone calls for excessive time/number of calls is at the discretion of the department. In addition, other types of phone charges relating to items such as faxing or modem usage while conducting university business can be reimbursed.

(d) Reimbursement of miscellaneous expenses as described in this section can be claimed in addition to the maximum allowed for lodging and meals while an employee is authorized to travel on official university business. Such expenses must be itemized separately on a travel expense report form and be accompanied by receipts.

(4) Tips. Reasonable attempts should be made to obtain receipts that are provided. Reimbursement for tips without receipts will require an itemized list of the tips provided, including the amount and purpose of each tip. Tips for meals, however, are provided for in the per diem reimbursement discussed in paragraph (F) of this rule. Additional tips for meals are not subject to reimbursement.

(5) Extended travel days. When a traveler extends his or her trip in excess of the number of days of a conference by either arriving to the travel destination early or staying later than the end date of the conference in order to conduct additional university business, it is imperative that the traveler document with a memo or similar documentation the business nature of the extension with an explanation of its purpose, other third parties involved, itemized receipts of additional expenses as allowed by this policy, and approval by the supervisor/business manager denoting agreement with the extension as a proper Wright state business expense. If available, attach agendas and/or itineraries as part of this documentation. However, as part of the original travel purpose the traveler may arrive at the destination the day before or depart the day after the conference, if starting and/or ending times of the conference necessitate such scheduling. While not preferred, this will be acceptable with supervisor approval.

(G) Nonemployee travel expenses. If a nonemployee accompanies the employee on official university travel, the university will pay for the employee's expenses only. Any expenses incurred because of or by the nonemployee are not the responsibility of the university.

(H) Exceptions. Any requests for exceptions to this policy should be submitted in writing to the provost or responsible vice president, describing the circumstances that justify an exception. Exceptions must always satisfy the requirement that the expense was actual, necessary, and reasonable under the circumstances.

(I) Local travel.

(1) Local travel is defined as that travel which does not require overnight lodging.

(2) Mileage reimbursement for local travel will be calculated providing consideration to the employee's normal commuting expense. Therefore, when performing any local travel outside of the normal commute to and from an employee's primary work location, the reimbursement business miles shall be calculated as the total miles driven that day for all legs of all trips less the employee's normal commuting miles between home and the employee's primary work location. Mileage to and from the airport is part of an overnight travel is not considered local travel. Therefore, it is not necessary to subtract normal commuting miles when calculating the mileage reimbursement.

(3) Reimbursement cannot be made for commuting, regardless of the day of the week or the number of trips in a day.

(4) An account of short trips (mileage and related expenses, except registration fees) should be recorded on a monthly local travel expense log which can be found at http://www.wright.edu/administration and accumulated and submitted for reimbursement for a period of time, not to exceed one month. The business purpose for each local trip must be documented on the monthly local travel expense log with all appropriate receipts attached. This provision applies to all mileage reimbursements, including overnight travel. If there is local vicinity travel (travel incurred while at the destination) included in the request for reimbursement, this travel must also be documented as described in this provision.

(5) Registration fees for local seminars and conferences should be processed on the university's procurement card "ProCard", or a department purchase order (DPO), or purchase requisition (for an amount greater than one thousand dollars). However, a department should not use the procurement card to reimburse another department within the university a journal voucher should be used in those instances.

(6) The monthly local travel expense log should be forwarded to the accounts payable office, along with an approved DPO, if the reimbursement is in excess of two hundred dollars. When the reimbursement is two hundred dollars or less, the log and an approved petty cash voucher should be presented to the office of the bursar. However, for employees located at an off campus site, all monthly local travel expense logs can be attached to a DPO and submitted to accounts payable for processing.

Violations of these travel policies may result in revocation of travel privileges for further disciplinary actions

(J) International travel

(1) Since the "University Center for International Education" (UCIE) has direct access to an emergency medical, evacuation, and repatriation travel insurance and related information, the UCIE must be notified in writing of any international travel prior to departure. This insurance is available at no cost to all faculty, staff, and students who travel abroad on university business or a Wright state sponsored program. An insurance card will be given to travelers by the UCIE prior to departure. Access to an insurance representative will be available twenty-four hours a day, seven days a week anywhere in the world in the case of emergency. Access to clinics, prescriptions, and evacuation and repatriation are also available through this coverage. Through proper insurance registration, travelers will automatically be registered with the local United States consulate, as recommended by the United States department of state.

With respect to paragraph (J) of this rule, any payments made to or on the behalf of, the traveler which exceeds the limit of insurance coverage or are given as an emergency cash advance are to be fully reimbursed to Wright state.

(2) Anyone participating in an education abroad program (i.e., traditional study abroad, exchange programs, internships abroad, or international service learning) must attend UCIE's pre-departure orientation prior to travel. This includes any faculty or staff member who will be supervising the trip.

Additional international health insurance must be purchased for any student, faculty, or staff member participating on a Wright state education abroad program.

(3) Travel to countries with a United State department of state "travel warning" must be approved by the office of the provost prior to departure.

(4) All federally funded travel must comply with the "Federal Travel Regulation", and the U.S. Fly American Act found at http://www.gas.ove/portal/ext/public/site/FTR/file/Chapter301p010.html /category/21868/#wp1088896; a United States flag carrier "must" be used for this travel. Therefore, all foreign travel on grants must be approved in advance by the office of research and sponsored programs(RSP). Use banner account code 746900 to complete the FOAP on all travel authorization (TA) forms and submit the TA to RSP for approval with the flight itinerary. Upon returning from the foreign travel, the travel expense report must be approved again by RSP.

Effective: 8/18/2017
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 3/6/78, 2/1/91, 4/1/93, 7/16/93, 7/31/94, 9/15/98, 9/30/00, 4/30/02, 8/16/06, 2/16/07, 4/3/09, 1/9/10, 8/8/11, 2/23/15, 4/6/15, 1/15/16

3352-7-08 Nonoccupational exposure to bloodborne pathogens.

(A) Purpose. To address the health concerns related to non-occupational exposures to bloodborne pathogens to university students, employees, and volunteers.

(B) Scope.

(1) This policy covers the process and financial responsibilities of university students, employees, volunteers, and Wright state university concerning medical services provided following non-occupational exposures to blood or other potentially infectious material (OPIM).

(2) This policy does not cover occupational exposure to blood or OPIM. Procedures for addressing occujpational exposure can be found in the university's exposure control plan available from the department of environmental health and safety.

(C) Definitions

(1) Bloodborne pathogens - pathogenic microorganisms and viruses that are present in human blood that can cause disease in humans. These pathogens include, but are not limited to, hepatitis virus (HBV) and human immunodeficiency virus (HIV).

(2) Exposure - eye, mouth, mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials.

(3) Immediate health care services - may include any of the following:

(a) Medical counseling and associated services provided immediately following the exposure to document the route of exposure and circumstances related to the incident and provide recommendations for further medical services.

(b) Blood tests to monitor for potential infectious agents/antibodies per Public Health Service Guidelines, including the costs for testing a source individual.

(c) Booster immunizations provided immediately following the exposure.

(4) Non-occupational exposure - Exposure to blood or OPIM by university employees, students, or volunteers which occurs while on campus or off campus in an academic or research setting or while providing a service for WSU or in support of the activities of WSU. This category applies to university employees only under the following conditions:

(a) The employee is in a non-work status and is exposed to blood or OPIM while providing a service for WSU or in support of the activities of WSU.

(b) The employee is on official work status and becomes exposed to blood or OPIM while conducting activities not normally associated with their job description.

(5) Other potentially infectious material (OPIM) - human blood, human blood components, and products made from human blood; semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; and/or any unfixed tissue or organ (other than intact skin) from a human (living or dead); human immunodeficiency virus (HIV) containing cell or tissue cultures, organ cultures, and HIV or HBV containing culture medium or other tissues from experimental animals infected with HIV or HBV.

(6) Person-in-charge - Any person who is responsible for and/or supervises activities of other people who have non-occupational exposures. This person may be a supervisor, principal investigator, department chair, director, clinical instructor, or a person in charge of a university sponsored program.

(7) Source individual - Individual, living or dead, whose blood or other potentially infectious materials may be a source of exposure to blood or other potentially infectious material(s). Examples include, but are not limited to, hospital and clinic patients; clients in institutions for the developmentally disabled; trauma victims; clients of drug and alcohol treatment facilities; residents of hospices and nursing homes; human remains; and individuals who donate or sell blood or blood components.

(8) Volunteer - uncompensated individuals who perform work or provide services to WSU, support activities of WSU, or to gain experience in specific endeavors.

(D) Responsibilities

(1) Office of the provost- provide a funding account to pay for medical services provided under this policy that are not deemed the responsibility of the exposed individual or off-site clinic or location.

(2) Environmental health and safety

(a) Develop, review, and revise as necessary this policy.

(b) Manage the reporting process established in this policy.

(c) Ensure the proper distribution of funds from the account established under this policy to pay for costs over and above the personal insurance coverage of the exposed individual that are the responsibility of Wright state university.

(3) University units working in a volunteer or didactic manner with an off-site facility (includes the Boonshoft school of medicine and the (College of nursing and health)

(a) For those off-site facilities capable of providing immediate health care services (i.e., hospitals, urgent care facilities) the university unit shall develop and implement contractual agreements with the off-site medical facilities that stipulate the responsibility of the medical facility to provide, at their cost, all immediate health care services in keeping with the current "Public Health Service Guidelines for the Management of Occupational Exposures to HB V, HCV, and HIV and Recommendations for Postexposure Prophylaxis" for any university student, employee, or volunteer who may experience anon-occupational exposure to blood or OPIM while performing duties at the off-site medical facility.

(b) The university unit shall assume financial responsibility, when an off-site medical facility fails to do so contrary to the established contractual agreement, for any immediate health care service provided as a result of their student, volunteer, or employee experiencing a non-occupational exposure to blood or OPIM.

(4) Person-in-charge

(a) Ensure anyone serving under their supervision who experiences a non-occupational exposure is provided immediate health care services as described in this policy.

(b) Ensure Wright state university "Occupational/Non-Occupational Injury/Illness and Incident Report", available from environment health and safety (EHS), is completed and submitted to EHS following any non-occupational exposure to anyone serving under their supervision.

(c) In cases when the exposure is a result of a needlestick ensure a BWC "Sharps Injury Form Needlestick Report", available from EHS, is completed and submitted to EHS.

(4) Exposed individual.

(a) To ensure coverage under this policy the individual shall follow all pre and post exposure procedures, including, but not limited to, the use of universal precautions and all applicable procedures set forth in paragraph (E) of this policy as well as any procedures established by their college or university unit.

(b) Submit for coverage under their personal health insurance the costs for health care services, not otherwise covered under this policy, following a non-occupational exposure to flood or OPIM.

(E) Procedures

(1) When a university student employee, or volunteer experiences a nonoccupational exposure as defined in this policy they should immediately wash the injury site with soap and water and report the exposure to the person-in-charge.

(2) Depending on applicability an exposed individual shall accomplish one of the following:

(a) If exposure occurs at an off-site medical clinic contact infection control, employee health, or emergency services to facilitate an exposure risk assessment and initiate any immediate health care services as deemed appropriate.

(b) If exposure occurs at an off-site, non-medical type facility or location, or on-campus after hours, report to the nearest emergency room or urgent care facility to facilitate an exposure risk assessment and initiate any immediate health care services as deemed appropriate.

(c) If exposure occurs on campus during operating hours of/Student health services (SHS) report to SHS to facilitate an exposure risk assessment and initiate any immediate health care series as deemed appropriate. If health care services are beyond the capabilities of SHS the exposed individual may be referred to another healthcare facility for proper care.

(3) All immediate health care services provided to an exposed individual under this policy will be at no cost to the exposed individual over and above their insurance coverage. Expenses for immediate health care services will be the responsibility of the entity identified under the contractual agreement stipulated in paragraph (D)(3) of this rule. In cases when no contractual agreement has been established between a university unit and an affiliated medical facility the costs will be paid by the university unit. In cases when exposure occurs at a campus facility or at an off-site location where no contractual agreement for the facility to assume financial responsibility is possible (i.e. free clinic) the costs will be paid via the fund established in paragraph (D)(1) of this rule.

(4) Any additional medical services provided immediately following the exposure or recommended as follow up medical services shall be the full financial responsibility of the exposed individual. This may include, but not be limited to:

(a) Post-exposure prophylaxis.

(b) Medical counseling provided beyond that experienced immediately following the exposure.

(c) Blood tests to monitor for potential infectious agents/antibodies beyond that experienced immediately following the exposure.

(5) The person-in-charge, collectively with the exposed individual, shall complete and submit a "Wright State University Occupational/Non- Occupational Injury/Illness and Incident Report", and if applicable, a "BWC Sharps Injury Form Needlestick Report".

(F) References. "Public Health Service Guidelines for the Management of Occupational Exposures to HBV, HCV, and HIV and Recommendations for Postexposure Prophylaxis (www.cdc.gov/mmwr/pdf rr/rr5011.pdf)"

(G) Forms.

(1) "Wright State University Occupational/Non-Occupational Injury/Illness and Incident Report"(http://www.wright.edu/administration/ehs/resources/documents/injuryre port.pdf)

(2) "BWC Sharps Injury Form Needlestick Report"(http://www.ohiobwc.com/downloads/blankpdf/SH-12.pdf)

Replaces: 3352 -7-08

Effective: 3/15/2013
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 5/31/99, 7/23/93, 12/1/91, 2/1/91, 8/31/01, 3/15/13

3352-7-09 Copyrighted materials.

(A) General policy.

(1) Wright state university is committed to compliance with the United States Copyright Revision Act of 1976, as amended, relating to the reproduction and use of copyrighted materials.

(2) Although Wright state university encourages its faculty and staff to engage in a wide variety of activities related to education, it respects the legal right to intellectual and creative property in all media. Such educational activities must therefore be performed within the bounds of copyright law. The university intends to adhere to the provisions of the U.S. Copyright Law (Title 17, United States Code, Section 101, et. seq.) and expects faculty and staff to adhere to these provisions as well.

(3) Wright state university does not support unauthorized duplication or use of protected works in any form. Employees who willfully disregard the copyright policy are in violation of university policy, do so at their own risk, and assume all liability. Although the university wishes to be supportive of faculty who adhere to the copyright policy, the office of attorney general of the state of Ohio is empowered solely to make any and all decisions concerning support of employees who may be sued for violation of copyright law.

(4) Where procedures are not clearly defined, or if guidance regarding questions of copyright ownership or infringement is needed, employees of Wright state university should contact the office of general counsel (937-775-2475).

This policy is concerned solely with the use of copyrighted materials owned by third parties. It is not intended to address the ownership of copyrightable materials created by university employees. For information about the ownership of copyrighted works and other intellectual property, see the "Wright State University Policy and Procedures for Intellectual Property"

(B) The copyright law.

(1) Copyright ownership and subject matter:

(a) Copyright law gives an author the exclusive right to reproduce, sell, distribute, revise, display, perform, broadcast or record a work. Any reproduction or other use of a work either must be done with the permission of the copyright owner or must be permitted by an exception contained in the Copyright Act.

(b) Copyright protection extends to original works of authorship fixed in any tangible medium, including books, journals, newspapers, articles, audiovisual materials, computer programs, literary works, musical compositions, lyrics, graphic works, sculptures, other works or the visual arts, dramatic works, choreography, sound recordings and architectural works.

(c) Copyright protection does not cover works in the public domain, ideas, facts, mathematical formulas, measuring devices, blank forms, or works of the U.S. government. However, the mere fact that a work is factual in nature, or discuss mathematical formulas, does not mean that the work as a whole is unprotected.

(d) Duration of copyright.

(i) Under current U.S. law, copyright protection for a work remains in force throughout the life of the author and until the end of the seventieth year following his or her death. If a work is authored by more than one individual, copyright protection lasts until the end of the seventieth year following the death of the last surviving author.

(ii) In cases where the work constitutes a work for hire (i.e., a work where a company is considered the author, rather than an individual), copyright protection remains in effect until the end of the ninety-fifth year following the first publication, or until the end of the one hundred twentieth year following the creation, whichever expires first. The same durations apply to anonymous and pseudonymous works, unless the identity of one or more authors is revealed in copyright office records, in which case the durations set forth in this paragraph apply.

(e) Effect of copyright notice: At one time, works that were published in the United States without copyright notice were considered dedicated to the public domain. However, with the passage of the Berne Convention Act of 1988, copyright notice is no longer required to obtain or retain copyright protection. Consequently, the better approach is to assume that a work is protected by copyright unless you have a clear basis on which to determine that it is not protected.

(2) Fair use.

The fair-use provision is presented as Section 107 of Title 17 of the United States Code. This section of the law allows limited reproduction and use of copyrighted materials without the copyright holder's permission and without payment of a fee. Fair use may allow for limited copying or other use of materials for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. If the limits of fair use are exceeded, permission of the copyright owner must be obtained to permit reproduction or other use of materials.

(a) Although one purpose of the fair use doctrine is to recognize that some copying and distribution of works in educational settings should be permitted without the permission of the copyright owner, it does not exempt all copying and use of protected works merely because they occur in an educational context. Instead, determining whether a particular use is a fair use involves a consideration of a number of factors, including the following:

(i) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.

(ii) The nature of the copyrighted work.

(iii) The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

(iv) The effect of the use upon the potential market for or value of the copyrighted work.

(b) Recognizing that the fair use doctrine is often difficult to apply, guidelines have been developed to help educators determine whether a particular use is a fair use. These guidelines cover:

(i) Copying printed materials for use in classrooms [see paragraphs (J)(1) to (J)(3) of this rule];

(ii) Copying or using musical compositions in educational settings [see paragraphs (l)(1) to (l)(2) of this rule], and

(iii) Recording broadcast programs for use in the classroom [see paragraph (C)(1) of this rule].

(iv) Other exceptions: In addition to the uses permitted by fair use, the Copyright Act identifies several other specific uses which are allowed without obtaining specific permission from the copyright owner. These uses relate to the following:

(a) Copying by libraries for patron use [see paragraph (F)(4) of this rule];

(b) Copying by libraries as part of the interlibrary loan process [see paragraph (F)(5) of this rule], and

(c) Backup copies of computer software [see paragraph (E)(1) of this rule].

(C) Audio and video recordings.

(1) Off-air recordings.

These guidelines apply to individuals taping programs at home or at other informal sites for classroom use. These guidelines only pertain to the recording of programs that are transmitted without charge by television stations for reception by the general public. They do not pertain to the recording of programs broadcast on cable channels or satellite channels.

(a) A broadcast program may be recorded off air simultaneously with broadcast transmissions (including simultaneous cable retransmission) and retained for a period not to exceed the first forty-five consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately.

(b) Off-air recordings may be used once by individual teachers in the course of relevant teaching activities and may be repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction during the first ten consecutive school days of the retention period. "School days" are school session days, not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions.

(c) Off-air recordings may only be requested and used by individual teachers and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.

(d) A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions of the original recording.

(e) After the first ten consecutive school days, off-air recordings may be used up to the end of the retention period of forty-five consecutive calendar days, only for evaluating and determining whether or not to include the program in the teaching curriculum. It may not be used in the recording institution for student exhibition or any other non evaluation purpose without authorization.

(f) Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

(g) All copies of off-air recordings must include copyright notice on the broadcast program as recorded.

(h) Tapes recorded by the center for teaching and learning must be returned to the center for teaching and learning after the first ten consecutive school days. The center for teaching and learning will retain them for the remainder of the forty-five day limit and will assist departments in obtaining licensing or will erase accordingly.

(2) Transfers, duplication and editing.

Transfers of other formats (film, slides, etc.) to a videotape format, duplication of a videotape, and editing of videotapes require written permission from the copyright holder, unless the work is no longer protected by copyright.

(3) Teleconferencing.

Teleconferences will be received by satellite after proper clearances and permissions are obtained. Such teleconferences may be recorded for future use only with written permission from the copyright holder.

(4) TV production.

Programs produced by the Wright state university center for teaching and learning for live or taped broadcast, classroom use, or distribution must have clearances for all copyrighted materials included in these programs, as well as signed clearances from participants.

(5) Videotaping of performances or events.

(a) Videotaping of any performance on Wright state university campus will be done only with all clearances and permissions in writing. These clearances must state the intended use of the videotape (for example, classroom use, recruiting, and resumes).

(b) If a performance or event is considered public domain in all aspects (music, arrangements, script, etc.), the center for teaching and learning will videotape the performance or event.

(6) Use of audiovisual recordings in classrooms.

Instructors, students and guest lecturers may play motion pictures or other audiovisual works in the course of face-to-face teaching activities in a classroom or similar instructional setting, provided that the copy of the work is a lawfully-made copy (or that the person playing the recording did not know or has no reason to believe that the copy was not lawfully-made) and provided that viewing the work is part of the instructional program.

(D) Bookstores.

Employees are expected to adhere to copyright policy and guidelines in the duplication or printing of classroom materials and placement of such materials by the publications rotary administrator (Printing service) for commercial sale. Employees should contact printing service for copyright information regarding classroom materials.

(1) Copyright clearance.

(a) Faculty/departments should review the copyrighted content (if any) of class packets and submit the appropriate form along with the manuscript to the rotary administrator.

(b) The copyright coordinator in printing service must obtain written permission from the copyright holder before the material can be reproduced and subsequently sold.

(c) Acquisition of copyright permission is often a complex and time-consuming process; therefore, adequate time should be allowed for processing. Some permissions are granted immediately; others may take up to eight weeks or even longer. Further, the copyright owner is under no obligation to grant permission to use the work. Accordingly, faculty may wish to develop contingency plans in the event that permission cannot be obtained or cannot be obtained in a timely manner.

(E) Computer software.

Much computer software is protected by copyright, and is only licensed, not sold, to the user. For purposes of copyright, each version of software may be copyrighted separately, i.e., if the holder of copyright in the software develops and publishes a new release of the software, and the user wishes to use the new version, a separate license is usually required for each user. A purchaser of a software license does not acquire ownership of the software, but instead gains the right to use only the single purchased copy of the software.

(1) Backup copy. The copyright law permits the licensee to make an additional copy of the software for backup purposes, though any backup copy must be destroyed if the purchaser transfers the software to another owner. Where the university licenses the software, only the university, and not the individual using the software, is entitled to make the backup copy.

(2) Prohibitions and areas of caution.

(a) In many instances, use of software may be restricted by the terms of the license. For example, use of software may be restricted to a particular computer at a particular site. In addition, use of the software may be limited to specific purposes. In these circumstances, permission of the copyright owner must be acquired if the purchaser wishes to use the software on a different computer at a different site, or for any other purpose not permitted by the license.

(b) In the case of some software, the university may purchase a site license, which will permit the use of the software on more than one computer at the university. It is usually in the best interest of the university to purchase site license when such a plan is available. However, the number of computers that the software can be used on is regulated by the license, and the mere fact that the university has purchased a site license does not mean that the software can be used on any computer on campus.

(c) Individual employees who acquire software for their personal use with regard to their duties at Wright state university must secure any necessary licenses, and must supply printed copies of such licenses to the university before installing the software on university computers. If the software is purchased by Wright state university, any licenses will be in the name of the institution. Employees may not make copies of software programs for associates, but they may transfer their use to a colleague after receiving permission from the university to do so. In doing so, the original user loses the right to continued use of the software and may not retain any copy or make any further use of the software.

(d) If the university supplies licensed software to students in the course of instruction in a classroom, then sufficient licenses must be held by the university for all computers in that classroom.

(e) If the university supplies licensed software to students in the course of instruction in other than a classroom situation, sufficient licenses must be held by the university for all students in the class and for the instructor.

(f) If more than one class is using licensed software during the same quarter, sufficient licenses must be held by the university for all such classes.

(g) Shareware is easily identifiable through explicit statements within the software documentation, or identification is displayed on the computer screen. Unless these explicit statements identify the software as shareware, the user may assume that they may not be duplicated. Even if software is shareware, the copyright owner may have placed restrictions or limitation on the duplication and use of the software.

(h) The user should not assume that software not containing a copyright notice is in the public domain and may be copied freely. The user should consult with computing and telecommunications services to ensure that the software to be copied is in the public domain.

(F) University library.

(1) Section 108 of Title 17 of the United States Code of the copyright law identifies the conditions under which libraries may reproduce copyrighted works for their own use [see paragraph (F)(3) of this rule], to satisfy the needs of patrons [see paragraph (F)(4) of this rule], and for interlibrary loan purposes [refer to paragraph (F)(5) of this rule]. To qualify for these exemptions, all of the following conditions must be met:

(a) The library's collection must be open to the public, or otherwise available to persons doing research;

(b) The copying must be done without any direct or indirect commercial advantage;

(c) Any copies made must include the original notice of copyright or a statement that the work may be protected by copyright, and

(d) The library must not have reason to believe it is engaging in the related or concerted reproduction or distribution of multiple copies of the same material, whether made on one occasion or over a period of time.

(2) Copyrighted textual works may be reproduced by or for faculty members for classroom use without obtaining permission, provided that the circumstances conform to fair use as outlined in these guidelines [see paragraph (J) of this rule].

(3) Libraries are permitted to make copies for their own use, or for use by another library whose collection is open to the public, as follows:

(a) For published works, a library may make up to three copies of a particular work in order to replace a damaged, lost, stolen or obsolete copy in the library's own collection, provided that an unused replacement cannot be obtained through normal commercial channels at a fair price. (A copy is considered obsolete if it is a particular format and the device used to read that format is no longer manufactured or reasonably available.)

(b) For unpublished works, a library may make up to three copies of a particular work found in its own collection for the purpose of preservation or deposit with another library whose collection is open to the public.

(c) Libraries are permitted to make digital copies of works as replacement copies or for preservation, but such copies may not be made available to the public in digital form outside the premises of the library.

(4) Libraries are permitted to make copies for patron use as follows:

(a) The work to be copied must be in the collection of the library, and that collection must be open to the public.

(b) Only certain types of works can be copied for patron use. Generally, the only permissible works are textual works (books, articles, etc.). Section 108 of the Copyright Act does not allow libraries to make copies of musical works; pictorial, graphic or sculptural works (except for pictorial and graphic material that is part of a textual work, such as photographs or illustrations that are part of an article), or motion pictures or other audiovisual works. Copies of sound recordings can be made, as long as the recording is not of a musical work or is of a musical work no longer protected by copyright.

(c) The library must display, at the place where orders are accepted, and must include in its order form, a notice concerning copyright restrictions, as follows :

Notice: "Warning Concerning Copyright Restrictions"

The Copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

Under certain conditions specified in the law, libraries, and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

(d) The copy must become the property of the requestor, and the library must have no notice that it will be used for any purpose other than scholarship or research.

(e) Only a single copy of a work may be made for a given requestor.

(f) A library is permitted to make a copy of no more than one article or other contribution to a collection or periodical, or small part of any other copyrighted work, provided that the library is not engaging in the systematic reproduction and distribution of the entire work.

(g) Where a patron requests a copy of the entire work, a library is permitted to make a copy only if it has determined, after a reasonable investigation, that a copy of the work cannot be obtained at a fair price.

(5) Libraries also are permitted to request copies of materials from other libraries for their patrons, and make copies for use by patrons of other libraries, through the practice of interlibrary loans. Any copies made for interlibrary loan purposes must comply with the restrictions set forth in paragraph (F)(4) of this rule. In addition, for works not in the library's own collection, the library must abide by the following restrictions:

(a) Any copies obtained through interlibrary loans must become the property of the patron who requested the material, and cannot be retained by the library as part of its collection.

(b) The library may not request, within the same calendar year, more than five copies of any article or articles published in a particular periodical during the five years prior to the date of the request. The limitation of five copies is not tied to a particular article or issue, but to the periodical in general.

(c) For works other than periodicals, the library may not request, within the same calendar year, more than five copies of or from a single work.

(d) The library must retain records of all requests it has made, as well as records of fulfillment of these requests, until the end of the third calendar year following the year in which the request was made.

(f) The library must send, along with any requests for copies sent to other libraries, a statement that the request is made in conformity with the guidelines in Section 108 of the Copyright Act.

(g) The library may not fulfill requests from any other libraries unless the request is accompanied by a representation from the requesting library that the request is made in conformity with the guidelines in Section 108 of the Copyright Act.

(6) A library may reproduce and lend a limited number of copies and excerpts from an audiovisual news program. "News program," in this context, refers to local, regional or national news programs, but not to documentary programs, magazine format programs, or other public affairs broadcasts.

(7) During the last twenty years of the term of copyright in a work [see paragraph (B)(1 )(d) of this rule] for a discussion of the duration of copyright protection], a library may reproduce, distribute, display or perform a copy of a work (including a digital copy), or portions thereof, for purposes of preservation, scholarship or research, provided that the library has determined, after a reasonable investigation, that:

(a) The work was published by or with the authorization of the copyright owner;

(b) The work is not subject to normal commercial exploitation;

(c) A copy cannot be obtained at a reasonable price; and

(d) The copyright owner has not provided notice to the copyright office that the work is subject to normal commercial exploitation or that copies can be obtained at a reasonable price. The copyright office maintains a searchable database on its web site that can be used to determine whether this notice was filed for a particular work.

(8) A library and its employees are exempt from liability for the unsupervised use of card- and coin-operated photocopiers located on the premises, provided that such equipment displays a copyright warning notice.

(G) Media.

Wright state university media, including student media, have full rights to freedom of speech and of the press. However, media must adhere to legal restrictions, including the law of copyright. The following guidelines apply to university media's use of material under copyright:

(1) Print media may not reproduce copyrighted materials without written permission of the copyright owner, clear identification of the source, and, if applicable, copyrighted status of the material, printed in association with the material. This prohibition includes but is not limited to photo duplication of or other reproduction of lyrics from music, poetry, photographs, designs, art works, illustrations, and reports not commissioned by the media or documents prepared outside the direction of the media.

(2) Broadcast media must obtain appropriate licensing agreements prior to broadcast of material under copyright.

(3) Wright state university media may reproduce or otherwise use the following without obtaining permission:

(a) Works not protected by copyright or otherwise in the public domain;

(b) Original works commissioned by Wright state university media, provided that Wright state university media has acquired copyright in the work or a license to reproduce or use the work in the manner proposed; and,

(c) Reports composed for Wright state university media by employees of the Wright state university media.

(H) Center for teaching and learning.

The center for teaching and learning receives many requests that involve the reproduction of copyrighted materials. The center's policy is to evaluate each request in terms of the fair-use provisions of the copyright law, and it reserves the right to refuse to reproduce any materials that may result in a potential violation of the copyright law. The types of requests that the department will accept are listed in this paragraph. In all cases, the reproduction, in any form, of a copyrighted work by the center for teaching and learning may only be for the instructional, scholarly, or research-related activities of Wright state university.

(1) Copying or reproduction of any materials for which a letter of permission from the copyright holder is on file with the Center for teaching and learning, or for which the requester can supply written permission from the copyright owner.

(2) Copying or reproduction of any materials in any format where the work is demonstrably in the public domain.

(3) Copying or reproduction in any format of material created in its entirety by the requestor.

(4) Video recordings in classrooms, labs, or other campus facilities of faculty presentations (lectures, demonstrations, etc.), provided that the recording of the presentation does not include the recording of copyrighted material that might be included as part of the presentation.

(5) Reproduction from any data source onto a hard-copy unit, providing the data do not contain copyrighted material, and provided that the compilation of the data is not protected by copyright law.

(I) Musical compositions.

The following guidelines apply only to use or reproduction of a musical composition. They do not exempt completely uses of recorded music, which involve both a copyright in the musical composition and a copyright in the recording of the composition.

(1) Copyrighted musical compositions may be copied under the following circumstances:

(a) It is emergency copying to replace purchased copies that are not available for an imminent performance, provided purchased replacement copies shall be substituted in due course.

(b) Single or multiple copies of excerpts may be made for academic purposes other than performance, provided (i) the excerpts do not comprise a part of the whole that could constitute a performable unit, such as a section, movement or aria; (ii) such copying does not exceed ten per cent of the work and (iii) that no more than one copy per student is made.

(c) Printed copies that have been purchased may be edited or simplified, provided that the fundamental character of the work is not distorted or the lyrics altered or added.

(d) A single copy of recordings of performances by students may be made for evaluation purposes and may be retained by the institution or instructor.

(2) The following prohibitions apply to the use of musical compositions in educational settings:

(a) Copies shall not be made to create or replace or substitute for anthologies, compilations, or collective works.

(b) Copies shall not be made of or from works intended to be consumable in the course of study or in teaching, such as workbooks, exercises, standardized tests and answer sheets, and like material.

(c) Copies shall not be made for the purpose of performance, except for emergency copying as described in paragraph (I)(1)(a) of this rule.

(d) Copies shall not be made for the purpose of substituting for the purchase of music, except for emergency copying as described in paragraph (I)(1 )(a) of this rule and for copies of excerpts as described in paragraph (I)(1)(b) of this rule.

(e) Copies shall not be made without inclusion of the copyright notice that appears on the printed copy.

(J) Copies of printed material for classroom use in nonprofit educational institutions.

(1) A single copy of any of the following materials may be made by or for an instructor upon request, to be used for scholarly research or for use in teaching or preparation for teaching.

(a) A chapter from a book.

(b) An article from a periodical or newspaper.

(c) A short story, short essay, or short poem, whether or not from a collective work.

(d) A chart, graph, diagram, drawing, cartoon, or picture from a book or periodical or newspaper.

(2) Multiple copies of printed works protected by copyright law may be made by or for an instructor for classroom use, provided that all of the following apply:

(a) The copies will be used in classroom teaching for only one course during one academic quarter.

(b) No more than one copy is made per student in a particular course.

(c) The copying meets the test of brevity:

(i) For poetry, a complete poem if less than two hundred fifty words and if printed on no more than two pages, or an excerpt from a longer poem, provided the excerpt is not more than two hundred fifty words, (These limits can be expanded to permit the completion of an unfinished line of a poem.)

(ii) For prose (excluding special works as described inparagraph (J)(2)(c)(iv) of this rule), a complete article, story, or essay if less than twenty-five hundred words, or an excerpt from a longer prose work, provided that the excerpt is not more than one thousand words and not more than ten per cent of the work (unless the ten per cent threshold would limit the excerpt to less than five hundred words, in which case the excerpt can be five hundreds words long). (These limits can be expanded to permit the completion of an unfinished paragraph.)

(iii) For illustrations, one chart, graph, diagram, drawing, cartoon or picture per book or periodical issue.

(iv) For special works (such as works in poetry, prose, or poetic prose, which combine language with illustrations and which fall short of twenty-five hundred words in their entirety), an excerpt comprising not more than two of the published pages of such special work and containing not more than ten per cent of the words found in the text thereof.

(d) The copying meets the test of spontaneity:

(i) It is at the instance and inspiration of the instructor.

(ii) The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

(e) The copying meets the cumulative effect test:

(i) The copied material is used for only one course.

(ii) The copying does not involve more than one work (or two excerpts) from the same author, or more than three from the same collective work or periodical volume per class term. (This limitation is waived with respect to current news periodicals and newspapers, and current news sections of other periodicals.)

(iii) No more than nine instances of multiple copying occur per class term. (This limitation is waived with respect to current news periodicals and newspapers, and current news sections of other periodicals.)

(f) A notice of copyright is included on the first page of each photocopy.

(3) The following prohibitions apply to copying for classroom use:

(a) Copies shall not be made to create or to replace or to substitute for anthologies, compilations, or collective works.

(b) Copies shall not be made of or from works intended to be consumable in the course of study or teaching. These works include workbooks, exercises, standardized tests, and test booklets and answer sheets.

(c) Copies shall not be made to substitute for the purchase of books, publishers' reprints, or periodicals.

(d) Copying shall not be repeated with respect to the same item by the same teacher term to term.

(e) No charge shall be made to the student beyond the actual costs of the photocopying.

(f) Authority figures (e.g., teachers and supervisors) shall not direct students or employees under their supervision to perform actions that are in violation of copyright law or fair-use guidelines.

(K) Use of copyrighted works in distance learning.

Section 110(2) of the Copyright Act permits use of certain works in distance learning settings, including online courses, without obtaining permission from the copyright owner. A number of restrictions and regulations govern the types of works that can be used and how those works can be used and transmitted as part of the course.

If an instructor wishes to use a work in a manner not permitted under the exception in Section 110(2) of the Copyright Act, the instructor must obtain written permission from the copyrignt owner to include the material in the distance learning course.

(1) Types of works covered by the exception

(a) Except for those works identified in paragraph (K)(1 )(b) of this rule, instructors can include performances of non-dramatic literary or musical works as part of a distance learning course. Instructors may also include performances or displays of reasonable and limited portions of all types of works (including dramatic works and audiovisual works), as part of a distance learning course, provided that the use of the material is in an amount comparable to that typically used in a live classroom session.

(b) Instructors cannot use works that are produced or marketed primarily for use in distance learning courses without first obtaining permission from the copyright owner. Further, instructors cannot include works such as textbooks, course packs or other works that are typically purchased by the student for use in the class. Finally, instructors cannot use or include works if their source copy is not a lawfully made and acquired copy.

(2) Manner of use.

(a) The performance or display of the work must be made by, at the direction of, or under the actual supervision of the instructor.

(b) The performance or display of the work must be an integral part of a discreet class session, and cannot be made generally available for access by students.

(c) The performance or display of the work must be directly related to the teaching content of the course.

(d) The performance or display must be analogous to that which might occur in a traditional classroom setting. Accordingly, instructors may not upload full works or excerpts from works to a web site for students to access throughout their enrollment in the course.

(3) Transmission of works.

(a) Transmission of the works must be made solely for reception by students officially enrolled in the course. Technological measures, such as password-protecting the material transmitted, must be used to prevent unauthorized access to the materials.

(b) Each transmission of the work must include a clear warning that materials included in the course may be subject to copyright protection.

(c) In the case of digital transmissions, including transmissions made via the Internet, technological measures must be used to prevent retention of the work by the recipients, further distribution or dissemination of the work by the recipients, or other use beyond use as part of the class session in which the work is incorporated. If the work was distributed by the copyright owner with restrictive codes, embedded management systems, or other technological safeguards designed to prevent such retention or unauthorized distribution, the university cannot take any steps that could reasonably interfere with those safeguards.

(4) Making copies of works for transmission.

(a) The university may make digital copies of works available in digital form for the purpose of including those copies in a distance learning course, provided that the digital copies are retained by the university and used solely for transmissions authorized under the exception in Section 110(2)of the Copyright Act, and that no further copies are made from the digital copy.

(b) The university may make digital copies of works not available in digital form for the purpose of including those copies in a distance learning course, provides that the university converts no more of the work into digital format as may be used in the course [see paragraph (K)(1)(a) of this rule], and provided that no digital version of the work is available for purchase, or any digital version available has technological measures that prevent its use in compliance with the guidelines outlined in this paragraph.

(5) Retention of copies of materials transmitted.

(a) The university may retain copies of the digital transmissions that comprise a distance learning class or course, including copies of any copyrighted materials incorporated therein, provided that the copies of the transmissions are retained and used solely by the university.

(b) Any copies of transmissions retained by the university can only be used for further transmissions of the distance learning course in accordance with the guidelines set forth above. No copies can be made from the retained material, except for copies made and used in further distance education courses, provided those courses comply with the guidelines set forth in this paragraph.

(c) Copies of transmissions for a particular course cannot be retained by individual instructors. The copies of the transmissions must retain the property of and under the control of the university.

(L) Other online materials.

(1) The university is not responsible for the content of unofficial web sites or other online material hosted on the university's servers. To the extent that faculty, staff, students and other persons associated with Wright state university create unofficial web sites, the university expects that the persons responsible for the web site content will abide with applicable copyright laws regarding the use of copyrighted materials.

(2) The university also does not control and is not responsible for the content of any web sites created by faculty or graduate student employees where such web sites are tied to genuine teaching or research activities, except that such web sites cannot include copies of or access to instructional material that are or were required or recommended, within the preceding three years, for a course taught at Wright state by the faculty member or graduate student. Otherwise, the university expects that the faculty member or graduate student responsible for the web site content will abide with applicable copyright laws regarding the use of copyrighted materials.

(3) Notwithstanding the foregoing, the university may take down or disable access to any unofficial web sites, web sites maintained by faculty members or graduate student employees, or other online material, if the university receives a notice from a copyright owner, in compliance with Section 512 (c)(3) of the Copyright Act, that material on the web site infringes a copyrighted work. Wright state's actions in taking down such material are in compliance with the provisions of the Digital Millennium Copyright Act, as set forth on the copyright information page of the university's web site, http://wright.edu/web/copyright.html.

(a) If the university receives a proper notification, it will act expeditiously to remove or disable access to the allegedly-infringing material.

(b) Upon taking such action, the university will notify the person associated with or responsible for the web site or other online posting that it has removed or disabled access to the site. This notice will be sent via e-mail to the e-mail address associated with person responsible for the web site.

(c) The person who posted the material covered by the notification can file a counter-notification with the university, setting forth the reasons why the material should not be taken down. To be effective, the notice must comply with the following:

(i) It must be in writing, and must be submitted to " Larry Chan, General Counsel for Wright State University". ''The written notice may be submitted in person or by regular mail to the "Office of General Counsel ( 282 University Hall, Wright State University, Dayton OH 45435-0001)", or by electronic mail to larry.chan@wright.edu.

(ii) The notice must include the user's name, address and phone number.

(iii) The notice must identify the material that has been taken down, as well as the location where the material appeared before it was taken down.

(iv) The notice must include a statement, made by the user under penalty of perjury, that he or she has a good faith belief that the material was taken down as a result of a mistake or misidentification of the material to be removed.

(v) The notice must include a statement that the user consents to the jurisdiction of a federal district court to resolve the matter, and that the user will accept service of process from the complaining party or its agent.

(vi) The notice must be signed by the user, either physically or electronically.

(d) Upon receiving such notice from the user, the university will promptly forward a copy of the notice to the copyright owner who complained of the infringement, and will then replace or restore access to the material between the tenth and fourteenth business day following the date the notice is forwarded to the copyright owner, unless it receives further notice that the copyright owner has filed a court action against the user relating to the material in question.

(4) In the event that the university receives two genuine notifications of claims of infringement related to a particular faculty member or graduate student employee within a three-year period, the university will not permit that faculty member or graduate student employee to maintain a web site on the university's servers until both instances of claimed infringement are more than three years in the past.

(M) Technological protection measures.

Some copyright owners use technological protection measures, including passwords, restrictive codes, embedded management systems, and other devices, that are designed to prevent unauthorized access to a copyrighted work and/or unauthorized copying of a copyrighted work. The university and its employees shall not circumvent any technological protection measures designed to restrict access to a work, except in the following circumstances:

(1) The university and its employees may circumvent access control measures in order to make a good faith determination of whether to obtain authorized access to the work, provided that:

(a) The copy accessed is not retained longer than necessary to make such a determination;

(b) The copy accessed is not used for any purpose other than making the determination, and

(c) An identical copy of the work is not reasonably available in another form that can be reviewed without circumventing the access control measures.

(2) The university and its employees may circumvent access control measures on computer programs, provided the university has a license to use the computer program, that the measures are circumvented solely for the purpose of identifying and analyzing elements of the program necessary to achieve interoperability with other programs, and that the steps taken are otherwise permissible under copyright law.

(N) File sharing using university resources.

University computers and its servers may not be used to engage in file sharing in violation of copyright law. File sharing is the sending or accessing of files on a remote computer, often involving file sharing applications such as KaZaA, Gnutella or Morpheus. While such programs have lawful purposes, use of these and other similar programs could involve illegal duplication or distribution when copyrighted works are involved.

(1) File sharing is permitted only when it is done in compliance with applicable copyright law. Accordingly, file sharing is permitted only when:

(a) The individual sharing the work is the owner of copyright in the work being shared (e.g., the work was created in its entirety by the individual);

(b) The owner of copyright in the work has given permission for the work to be copied and distributed through file sharing;

(c) The material shared is in the public domain; or

(d) Distribution of the material through file sharing falls within the fair use exception or another exception contained in the Copyright Act. However, the mere fact that the use of certain material in a classroom or research project may be fair use or fall within another exception does not necessarily mean that duplicating and transmitting the work through file sharing is also permitted under those exceptions.

(2) Some file sharing programs are set, by default, to transmit and share any files of a certain type on the computer whenever the computer is running. Anyone using these programs must either set the program not to share files in this manner, or must ensure that they have explicit permission from the copyright owners to share all of the files associated with the file sharing program.

(3) Unauthorized distribution/peer-to-peer file sharing may subject students to civil and criminal liabilities.

(a) A summary of penalties for violating federal copyright laws can be found at http://www.copyright.gov/legislation/dmca.pdf under section "Remedies".

(b) A summary of disciplinary actions students may be subject to can be found at http://www.wright.edu/community-standards-and-student-conduct/code-of-student-conduct/nonacademic-violations-process.

(c) A summary of disciplinary sanctions student may be subject to for a violation of university policy can be found at http://www.wright.edu/community-standards-and-student-conduct/code-of-student-conduct/sanctions.

Supporting documents:

Digital Millennium Copyright Act of 1998 http://www.copyright.gov/legislation/dmca.pdf

"Responsible Use of University Computing Resources" http://www.wright.edu/wrightway/3002

"Student Housing Network Acceptable Use Policy''

http://wvvw.wright.edu/sites/default/files/page/attachements/acceptable_use_policy.pdf

Effective: 8/18/2017
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91, 7/6/92, 8/31/93, 8/28/06, 8/23/15

3352-7-10 Solicitations, distributions, and postings.

(A) General policy. Under the bylaws of the Wright state university board of trustees, the president is responsible for ensuring proper utilization of the facilities of the university. The president or his/her designee is charged with maintaining the security of university properties and personnel and ensuring that activities taking place on the campus do not interfere with the continuous operation of the university's programs.

(B) Sale of good or services on campus. Wright state university does not permit the sale of goods or services for profit on campus, except those goods and services that are available through recognized auxiliary enterprises. Student organizations must follow the procedures in the student handbook.

(C) Solicitations on campus. The term solicitation as used in this rule shall mean any activity conducted for the purpose of advertising, promoting, or encouraging membership in any group, association, or organization. The procedures to be followed by individuals or organizations wishing to engage in solicitation activities on campus are set forth in paragraphs (C)(5) of this rule.

(1) Any non-university individual or organization (other than recognized student organizations) shall, for each visit, give at least a forty-eight hour written notice to the chief human resources officer or the chief of police, indicating the names of persons involved and the designated area to which access is desired. No such notice shall be necessary if the activity is limited to nonworking areas open to the general public and which does not interfere with the normal use of the area.

(2) A non-university individual or organization may solicit university employees in nonworking areas only if at the time of such solicitation the employees are on nonworking time, i.e., during their lunch periods, before or after scheduled working hours, or during periods in which they are on approved leaves of absence.

(3) An employee of the university can, without any advance notice, solicit other university employees in both work or non-work areas if all employees involved in the process are on nonworking time.

(4) The use of the university's mail services or any other facilities or materials such as telephones, copying machines, stationery, or equipment for solicitation purposes is prohibited.

(5) The university reserves the additional right to control or regulate solicitation activities by any organization or individuals (including university employees) if, in the opinion of the president or his/her designee, such activities are disruptive or interfere with the continuous operation of the university's normal programs and activities.

(D) Solicitations on campus for charitable and nonprofit causes. Wright state university supports voluntary contributions to worthy charitable and nonprofit programs. Representatives of such programs must seek advance permission from the president or his/her designated representative to solicit funds on campus. If approval is granted, a schedule for soliciting shall be established, and the university will then lend its facilities and internal communications system as directed by the president or his/her designated representative.

(E) Solicitations off campus by university members or organizations. Wright state university recognizes the benefits which may accrue from soliciting off campus for the support of university and university-related programs and projects. A procedure has been developed by university advancement and the office of research and sponsored programs to review and clear all private sector solicitations before submission to nongovernmental agencies. It is necessary to use this procedure in order to avoid duplication and to ensure that funding efforts are consistent with the university's best interests. Therefore, university members, agencies, and related organizations must consult with university advancement or the office of research and sponsored programs before soliciting off campus.

(F) Distribution of literature on campus. Non-university individuals or groups shall follow the same procedures outlined in paragraph (C) of this rule with the following exception: a university employee can, without any advance notice, distribute literature in a non-work area if he/she is on nonworking time and the employees to whom the literature is distributed are also on nonworking time.

(G) Postings. All posters, flyers, literature, banners, etc., to be posted must be approved in advance of posting by a representative from the office of student activities. All posters, flyers, literature, banners, etc., which have not been approved for posting by the student organizations and leadership development office will be removed. Postings on bulletin boards assigned to a specific department may be used only with the permission of that department.

Effective: 9/17/2018
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 02/01/1993, 06/01/2011, 02/18/2015

3352-7-11 University marks, words, logos, and symbols.

(A) General policy. Wright state university regulates and controls the use of the university's name and other marks, words, logos, and symbols. All requests for their use must be coordinated through the office of general counsel.

(B) Protection, promotion, and control. The university has entered into an agreement with the "Licensing Resource Group." This agreement is designed to protect, promote, and control the commercial and noncommercial use of Wright state university's registered trademarks, words, logos, and symbols. This agreement includes items produced for revenue generation and items used for gifts and promotional purposes.

(C) Licensing office. When a university department or student organization becomes involved in developing products bearing Wright state university's marks, such activities must be coordinated through the office of general counsel, accompanied by artwork or graphics and details as to how the university mark will be used. The artwork or graphics must be approved by the office of communications and marketing. All departments and student organizations must use a licensed manufacturer to produce the items. A list of licensed vendors may be obtained from the office of general counsel or the purchasing office.

Replaces: 3352.03

Effective: 3/15/2000
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 2/1/91, 9/15/98, 3/15/00

3352-7-14 Demonstrations.

(A) General statement. Wright state university recognizes the exercise of the rights of expression, affiliation, and peaceful assemblage. Wright state university students, personnel may express their views by demonstrating peacefully for concepts they wish to make known, and the university will make every reasonable effort to protect those rights. The university also has an equal and simultaneous obligation to protect the rights and freedoms of those who do not choose to participate in a demonstration. Additionally, the university has an obligation to protect its property and to assure continuation of the activities of students, university faculty and staff, and guests on campus.

This rule is not applicable to situations arising within the context of normal classroom instruction. This rule does not apply to use of university facilities and grounds for official event sponsored by the university.

(B) Policy.

(1) Wright state university permits, promotes, and supports the free expression of ideas, views, and opinions by its faculty, students, staff, administrators, and visitors (hereafter "members of the academic community"). The university is committed to rights of expression, affiliation, and peaceful assemblage. Faculty, staff, and students should be free to discuss, debate, and express ideas and opinions in public or private forums as long as they do not disrupt university functions.

(2) The university also has an equal and simulataneous obligation to protect the rights and freedoms of those who choose not to participate in free speech or peaceful assemblage activities. Additionally, the university has an obligation to protect its property and to assure continuation of the activities of students, faculty, staff, and guests on campus.

(3) Demonstrations and marches and other forms of expression may be legitimately regulated with regard to time, place and manner. This is e specially so when they have the purpose or effect of substantially interfering with the educational environment, disrupting the function of the university or inciting an immediate breach of peace. Disruptions may include but are not limited to: interfering with, impairing, or impeding university teaching, research or administration; interfering with, impeding, or blocking the flow of vehicular, wheelchair, or pedestrian traffic on any paved street or path; interfering with, impeding, or blocking any entrance or exit to any building; violating federal, state, or local law, regulation or fire code, including the university regulations policies and procedures; interfering with an event by blocking views or making sufficient sounds to mask a speaker or performance from being heard; using voice or amplifications systems without prior approval by the university for the use of such systems; destruction of university or personal property; any act or behavior which prevents a listener from attending or leaving any event; and/or failing to comply with the orders or directives of identified university officials, police, or any other law enforcement officers acting in consideration of the health, welfare, and safety of all concerned.

(4) Demonstration(s). A person or assembly of persons engaged in expressive activity that includes demonstrations, picketing, marches, rallying, speechmaking, and all other like forms of conduct which involve the communication or expression of views or grievances, the conduct of which has the effect, intent, or propensity to draw a crowd of onlookers.

Expressive activity. An expressive activity is any exercise of the right to free speech guaranteed by the constitutions of the United States and the state of Ohio.

Non-University Affiliated Speaker. Any person or entity other than a current university student, registered student organization, university faculty member, or university staff member.

(5) Conduct, the purpose or effect of which is not frightening, coercing, or intimidating specific individuals but is merely deemed offensive to certain groups, will not be grounds for regulation or punishment.

(6) The university is committed to the elimination of all forms of bigotry on campus.

(7) The university will consider each alleged violation of this policy on a case by case basis and will examine the time, place, pattern of conduct, and where relevant, the existence of a specific relationship between speaker and target.

(C) Any individual or group may use, in accordance with the procedures set forth in section (D) on any day of the week during daylight hours, any publicly accessible outdoor area of the university's Fair born and Lake campuses to collect to collect signatures, distribute materials, and/or speak, as long as they do not disrupt the ability of the university to effectively and peacefully teach students, provide services, or conduct any of its other business and support operations.

Academic departments, programs and other units and registered student organizations may schedule university space to bring non-university affiliated speakers and programs of their choice to the Fairborn and Lake campuses on a space available basis. Sponsored speakers shall have the same access to the university facilities as their sponsor.

(D) Notice policies and o perational procedures

(1) Small Groups

(a) Except as noted below, any person or group whose use of an outdoor area is expected or reasonably likely to have less than one hundred people must submit a request to the vice president for student affairs or designee at least one (1) business day before the expressive activity.

(b) If such advance notice is not feasible because of circumstances that could not be reasonably anticipated, the person or group may request a reduction of the notice requirements, and the university will honor that request if the university determines that, with the reduced notice, the activity can take place peacefully and safely and in a manner consistent with the university's mission.

(2) Large Groups

(a) Except as noted below, any person or group whose use of an outdoor area is expected or reasonably likely to have more than one hundred people must submit a request to the Vice President for Student Affairs or designee at least three (3) business days before the day of the expressive activity.

(b) If such advance notice is not feasible because of circumstances that could not be reasonably anticipated, the person or group may request a reduction of the notice requirements, and the university will honor that request if the university determines that, with the reduced notice, the activity can take place peacefully and safely and in a manner consistent with the university's mission.

(3) Student Use

(a) In addition to the use of outdoor areas described in 1260.3, any student or student organization may seek to reserve the use of specific outdoor areas by contacting the Student Union Administrative Office.

(b) Any request by a student or student organization to reserve such area or space shall be made at least one (1) business day prior to the event. A request will be granted unless it would conflict or interfere with a previously scheduled event or activity or violate this policy.

(c) A request by a student or student organization to reserve a specific area or space will have priority over any other person(s) seeking to use the area or space during the scheduled time period.

(4) This is necessary for the following reasons:

(a) To assure assistance in planning and in using university facilities

(b) To ensure that other activities are not adversely affected

(c) To protect the rights of all members of the university community

(d) To protect the rights of participants and nonparticipants in demonstrations and marches

(2) The following information should be provided to the office of the vice president for student affairs:

(a) Desired location.

(b) Desired date and time.

(c) Route of march (if applicable).

(d) Estimated attendance.

(e) Sound devices to be used.

(f) Security plans.

(g) Names and contact information of sponsors/responsible persons.

(h) Name of speaker(s)

The registration form can be found at https://www.wright.edu/student-affairs/student-resources/demonstrations-and-marches

(E) Prohibited actions.

(1) Title 29, including but not limited to the relevant sections of Chapters 2903, 2907, 2909, 2911, 2917, 2921, and 2923 of the Revised Code and the code of regulations of Wright state university prohibit the actions listed in paragraphs (E)(1)(a) to (E)(1)(f) of this rule.

(a) Obstructing or disrupting university teaching, research, or administration;

(b) Causing, or threatening to cause, injury or harm to persons or property;

(c) Incit ement of riot;

(d) Obstructing the free flow of pedestrians or vehicular traffic; illegally possessing or using firearms, explosives, or other weapons, chemicals, or fire extinguishers or any open flame devices with the exception of individual candles see (E)(2); individuals and groups are prohibited from creating and/or using fire or other incendiary device capable of combustion or burning.

(e) Illegally possessing or using firearms, explosives, or other weapons, chemicals, or fire extinguishers.

(f) Failing to comply with the orders or directives of university officials, police, or any other law enforcement officers acting within the scope of their duties.

(2) Use of sound amplification equipment in a manner obstructive or disruptive of university functioning is prohibited.

Individuals and groups are prohibited from displaying signs that are attached to sticks, posts, rods, or poles.

(3) Individuals or groups utilizing tables, platforms, displays, and similar items must reserve space on campus for their use.

(4) Demonstration may not take place inside academic buildings or other university facilities without explicit permission from the provost or the designee in the case of academic buildings and the vice president for student affairs or designee in the case of other university buildings at least three (3) business days before the day on which they seek to engage in the activity. A group may request a reduction of the three day notice requirements, and the university will honor that request if the university determines that, with the reduced notice, the activity can take place peacefully and safely and in the manner consistent with the university's mission.

(F) Enforcement.

(1) The president of the university or the president's designee shall resolve any dispute between any individual or groups regarding the use of space for any free speech activities subject to this rule. The university may, if deemed necessary, enact a procedure (e.g. creation of a "speech grid"; requiring minimum spacing between speakers; granting permission on a "first come, first serve" basis, etc.) whereby such disputes are addressed. Such procedure shall be content neutral regarding free speech activities involved in the dispute.

(2) In the event of an emergency situation in which, in the judgment of authorized police department personnel, riot or harm to persons or property is imminent, the on-duty supervisor may order dispersal and cancellation of the demonstration or march prior to obtaining an order from the president or the president's designee

(H) Appeal. Any individual or group convinced that arbitrary, unlawful, or unreasonable limitations have been imposed upon any demonstration under the provision of this rule may appeal to the president or president's designee.

Effective: 9/17/2018
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 02/01/1992, 02/01/1993, 09/30/2001, 01/06/2015

3352-7-15 Lobbying registration and reporting.

(A) General policy on lobbying registration and reporting. The Ohio Revised Code requires the university to report to the state all expenditures made to, at the request of, for the benefit of, or on the behalf of a decision maker or his/her staff, constituents, family, and friends.

(1) An expenditure is defined as an expense which is to be reimbursed by any university, foundation, rotary, or department account.

(2) A decision maker includes a member of the general assembly, the governor, director of a state department, or a member of the staff of such public official.

(3) A member of the staff is a state employee whose official duties are to formulate policy, to exercise administrative or supervisory authority, or to authorize the expenditure of funds.

(B) Statement of expenditures and procedures.

(1) Employees of the university shall report all such expenditures within the same month of the expenditures to the legislative agent of the university who will be responsible for filing the statement of expenditures with the state on behalf of the university. A registration statement shall also be filed with the state, listing the name of the legislative agent.

(2) Reports to the state must show total expenditures made during a reporting period, the date of each expenditure, and the name of each decision maker who was the recipient of an expenditure. If legislation has been discussed, the bill(s) or resolutions (s) number must also be included. The reporting periods are four month long, ending on the last day of April, August, and December.

(3) Expenditures made to, at the request of, for the benefit of, or on behalf of a decision maker or his/her staff, constituents, family, and friends include but are not limited to:

(a) Food and beverages including the cost of a dinner or a proportionate share of the cost of a dinner, party, or event for the decision maker or individuals referenced in paragraph (A) of this rule.

(b) Entertainment such as tickets to sports events, theater presentations, or concerts.

(c) Lodging and transportation.

(d) Reimbursements for commencement speaker expenses.

(e) Honorariums.

(f) Loans

(g) Gifts of money or any item of value.

(h) Gifts of university chairs.

(i) Articles of clothing such as sweat shirts and caps.

(j) The cost of awards and plaques.

(k) Purchase, sale, or gift of services.

(4) Expenditures that need not be reported are the purchase, sale, or gift of services or any item of value that is available to the general public on the same terms, such as a free concert.

(C) Violations and penalties.

(1) The legislative agent or his/her university can be criminally charged with knowingly failing to register, knowingly failing to file an updated registration statement and/or statement of expenditures, and/or knowingly failing to keep required receipts or maintaining required records.

(2) When a decision maker has sustained damages as a result of the filing of a false statement of expenditures, he/she may bring a civil action against the university or its legislative agent to recover the loss.

Replaces: 3352 -7-15

Effective: 4/9/1991
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 4/9/91

3352-7-17 Responsible use of university computing resources.

(a) General policy.

(1) Wright state university provides computers, computing systems, and networks for faculty, staff, and other users to fulfill the university's mission of teaching, research, and service. Computing resources are the property of the university, and all use of university computing resources must be authorized and authenticated.

(2) This policy applies to the use of all Wright state university computing resources, whether administered by the department of computing and telecommunications services, by individual colleges and departments, or by off-campus units that connect remotely to the university's network and operate under the aegis of Wright state university. Nonuniversity owned computing resources, while attached to the university network, are subject to the same policies as university owned computing resources.

(B) Compliance.

(1) Responsible use of university computing resources by faculty, staff, and other users requires compliance as listed in paragraph (B)(1)(a) to (B)(1)(d) of this rule.

(a) Users must comply with local, state, federal, and international regulations and statutes, including copyright law and trademark law. Users also must abide by all university policies.

(b) Users must abide by the terms of software licensing agreements and contracts that pertain to the university's computing, information, and communications resources.

(c) Personal use of university computing resources is permitted when such use does not result in personal commercial, financial, or other gain; consume a significant amount of computing resources; or, interfere with the performance of the user's job or other university responsibilities.

(d) Further limits may be imposed upon personal use in accordance with normal departmental procedures.

(2) Users are responsible for the security of their computer resources and for activity that originates from their accounts. Users should not share their accounts or use accounts for which they are not authorized.

(3) Users should be considerate in their use of computer resources and not perform acts that are deliberately wasteful of computing resources or that unfairly monopolize resources.

(4) Any exception to this policy requires the recommendation of the appropriate dean or vice president, written approval of the provost, and appropriate contractual arrangements with the university prior to such use. A copy of the written authorization and/or contract shall be kept on file by the appropriate dean or vice president and by the director of computing and telecommunications services.

(5) Failure to comply with this policy may result in disciplinary action and/or the loss of use of university computing resources. The university also may refer suspected violations of applicable law to appropriate law enforcement agencies.

Replaces: 3352 -7-17

Effective: 8/31/2001
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 7/31/92, 8/31/01

3352-7-18 Firearms, deadly weapons, explosives or dangerous ordinances.

(A) General. Firearms, deadly weapons, explosives and dangerous ordinances are prohibited from both the Dayton and Lake campuses of Wright state university, and from university owned, controlled or managed facilities. Firearms are prohibited from being in any university owned, controlled or managed building or vehicle. This prohibition also includes those individuals who legally possess a valid concealed carry weapon (CCW) permit issued by the state of Ohio or any other state that the state of Ohio recognizes as a valid CCW permit or license.

(B) Definitions. To provide a common understanding of what a firearm, deadly weapon, explosives and dangerous ordinances is, the following definitions as set forth in section 2923.11 of the Revised Code Weapons Control Definitions are include.

(1) Firearms. Firearms are defined as any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable. This includes, but is not limited to the following;

(a) Handgun

(b) Semi-automatic firearm

(c) Automatic firearm

(d) Sawed-off firearm

(e) Zipgun

(f) Or any crude or extemporized manufactured firearm

(2) Deadly weapons. Deadly weapons are defined as any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.

(3) Explosives. Explosives are defined as any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. "Explosive" includes all materials that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4 explosives by the United States department of transportation in its regulations and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters.

(4) Dangerous ordinance is defined as any of the following;

(a) Automatic, sawed-off firearm, sip-gun or ballistic knife

(b) Any explosive or incendiary device

(c) Any form of explosives

(d) Any rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo or similar weapon, designed and manufactured for military purposes, and ammunition for that weapon.

(C) Exceptions.

(1) Individuals who are exempted from this rule include Wright state university police officers, other sworn law enforcement officers or agents (who are required to carry a firearm in accordance with Chapter 2923 of the Revised Code, participants in official ROTC unit activities, and individuals who have received prior approval to conduct classroom demonstrations.

(2) Any exceptions to this policy will be reviewed on a case by case basis at the discretion of chief of police and the vice president for student affairs or his/her designee.

(D) Approved demonstrations or use.

(1) Academic classroom use approvals. Course instructors or training facilities wishing to conduct a demonstration or use of firearms, deadly weapon(s), explosives and/or dangerous ordinances must submit in writing all requests for use of and demonstration of firearms, deadly weapon(s), explosives and/or dangerous ordinances. The written request will be submitted to the Wright state university police department on a form provided by the Wright state university police department. This form must be submitted at least fifteen business days prior to the use or demonstration.

(a) The form will contain all relevant information for the use and demonstration. This shall include, but not be limited to outlining the plans for the use or demonstration, safety and securing the items prior to and after the demonstration. No live ammunition shall be permitted without expressed written permission of the chief of police or his/her designee.

(b) The form will be reviewed by the chief of police or his/her designee. The chief of police or his/her designee will indicate approval by signature. In certain circumstances conditions for approval will be noted on the request form.

Once approval for use has been granted, the instructor shall meet with a representative of the Wright state university police department at least thirty minutes prior to the demonstration to have the items inspected at the location of the demonstration. This inspection will include the following;

(a) Ensuring that any firearms have a safety locking device or trigger guard locked in place to ensure that the firearm cannot be loaded with any ammunition.

(b) Ensuring that no live ammunition or blank (simulated) ammunition is present. This shall consist of an inspection of all bags or other carrying devices. If live ammunition or blanks (simulated) ammunition is present, the demonstration will not commence.

(c) Failure to comply with all inspections or use of prescribed safety devices will be a violation of this policy and the demonstration will not commence.

(2) Training facility use approvals. In addition to the complying with the requirements listed in this policy, training facilities located at the Dayton and Lake campuses of Wright state university, including university owned, controlled or managed facilities shall also comply with the following procedures and requirements.

Once approval for use has been granted, the instructor shall meet with a representative of the Wright state university police department at least thirty minutes prior to the demonstration to have the items inspected at the location of the demonstration. This inspection will include the following;

(a) Unless authorized in writing by the chief of police or his/her designee, no live ammunition or blank (simulated) ammunition shall present. If live ammunition, blanks or simulated ammunition is present, and authorization in writing has not been granted, the demonstration will not commence.

Inspection of all ammunition, blanks, simulated ammunition, firearms, deadly weapons, explosives and/or dangerous ordinances shall be conducted by a person trained in the instruction and use of these devices. This inspection shall be conducted in the presence of a representative of the Wright state university police department. This includes an inspection of all bags or other carrying devices.

(b) While firearms, deadly weapons, explosive and/or dangerous ordinances are present, the training facility shall provide twenty-four hour on-site protection of these items. This includes having at least one trained law enforcement officer or in the case of training for military personnel, a trained and armed member of the military unit conducting the training to provided site protection. If these items are stored at multiple locations at the training site, additional personnel shall be required to provide on-site protection of these items.

(c) A safety officer (defined as someone who is responsible for the safe handling and issuing of firearms and weapons related items and equipment for the training exercise), from the facility, must be present while firearms, ammunition, blanks, simulated ammunition, deadly weapons, explosives and/or dangerous ordinances are being used. If these items are being used at multiple training stations, a safety officer must be present at each training station. All safety officers must be trained on the items being used and their sole focus shall be the safety of those individuals using these items.

In the event that the safety officer observes any unsafe actions or behaviors, the safety officer shall immediately stop the training scenario and address any safety violations. The safety officer has sole authority to end any training scenario and dismiss any participants of the training for failure to follow instructions or for unsafe actions.

(E) Violations. Students, faculty, staff, or visitors found to be in possession of a firearm, deadly weapon, explosives and/or dangerous ordinances in violation of Chapter 2923 of the Revised Code, or in violation of this policy will face university disciplinary action, as well as criminal prosecution, if appropriate.

Replaces: 3352 -7-18

Effective: 7/6/2017
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 8/4/92, 5/31/99, 3/15/02

3352-7-22 Facilities and endowments.

(A) Naming policy. The board of trustees of Wright state university retains authority for naming (or renaming) buildings, components of buildings, open spaces, and other physical facilities of the university and for establishing guidelines for the naming of endowments in support of the university. The advancement committee of the board of trustees, in consultation with the president of the university, recommends for approval by the board the names of individuals and organizations to be honored.

(B) Naming of facilities. Facilities for the purpose of this policy include any building, components of and areas within a building, outdoor space, or other identifiable physical feature of the university.

(1) Naming in honor of an individual (no gift involved).

(a) A proposed honoree shall have achieved distinction while serving the university in an academic, administrative, or support capacity or have contributed in exceptional ways to the betterment of the university, state of Ohio, or education in general.

(b) Facilities ordinarily shall not be named for individuals currently employed by the university or individuals currently holding public office.

(c) An individual usually shall not be considered for naming recognition within one year after the person's death.

(d) It is intended that private contributions will be provided for the support of the facility to be named in honor of an individual. The level of contributions should reflect the general guidelines outlined in paragraphs (B)(2), (B)(3), and (B)(4) of this rule.

(2) Naming for a benefactor (gift involved).

(a) A facility may be named for an individual or organization benefactor who makes a significant contribution toward the costs of initial construction or renovation of a building, component of a building, or other physical facility on campus.

(b) As general guidelines, the following commitments are required for construction or renovation of a building or component of a building.

(i) New buildings. An amount no less than twenty-five per cent of the cost of construction.

(ii) Components of new buildings. An amount between fifty per cent and one hundred per cent of the construction cost per square footage.

(iii) Existing building. An amount no less than twenty-five per cent of current construction costs.

(iv) Components of existing buildings. An amount between fifty per cent and one hundred per cent of current costs of construction per square footage.

(3) It is intended that gifts to name facilities shall fund either the total construction cost of the facility or provide substantial funding for that portion of the total construction cost which would not be available from other sources, as determined on an individual basis.

(4) An individual or organization donor making a substantial gift to the university or a specific college or unit, but a gift which is not designated for a new or existing building, may be recognized by the naming of a building, component of a building, or other campus facility. In this instance, the magnitude of the gift should be consistent with the general gift levels for naming facilities.

(C) Naming of endowments. An endowment fund may be contributed and named for an individual or organization benefactor, or a specified honoree, to provide a permanent source of funding for restricted or unrestricted purposes as specified by the donor. Paragraphs (C)(1) to (C)(7) of this rule provide general guidelines for named endowment categories and minimum funding requirements.

(1) Named faculty and student endowments may be established for the following purposes and funded at the minimum endowment level.

(a) An academic chair will be endowed at one million five hundred thousand dollars.

(b) A distinguished chair will be endowed at one million dollars.

(c) A professorship will be endowed at five hundred thousand dollars.

(d) A lectureship will be endowed at two hundred fifty thousand dollars.

(e) A visiting scholar will be endowed at two hundred fifty thousand dollars.

(f) A post-doctoral/doctoral fellowship will be endowed at four hundred thousand dollars.

(g) A master's fellowship will be endowed at three hundred thousand dollars.

(h) A full scholarship (in state) will be endowed at seventy-five thousand dollars.

(i) A partial scholarship will be endowed at ten thousand dollars.

(2) Program endowments (lecture series, artist performance series, libraries, teacher/scholar awards, equipment, and building funds) may be established by gifts at a recommended minimum level of one hundred thousand dollars.

(3) Endowment gift requirements to name an entire college, school, or other prominent institutional program or unit will be determined on an individual basis.

(4) The Wright state university foundation, incorporated, generally receives and manages endowed funds for the benefit of the university and the specified purpose of the fund.

(5) The minimum recommended endowment level is ten thousand dollars. An endowment fund may be established within a reasonable period (usually two to five years) agreed upon by the donor and the Wright state university foundation, incorporated. A gift or pledge to establish an endowed fund shall be accompanied by a formal, signed document detailing the endowment agreement.

(6) Academic or program units, in consultation with university advancement, may offer special endowment naming opportunities at appropriate levels of funding, provided the opportunities are consistent with the general guidelines in paragraph (C)(1) of this rule.

(7) Minimum funding requirements for named endowments will be reviewed periodically to ensure that the endowment amount provides an annual distribution consistent with university program requirements and economic conditions.

Replaces: 3352 -7-22

Effective: 9/15/1998
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 9/15/98

3352-7-23 Quasi-endowment fund.

(A) General policy. To help support Wright state university's continuing efforts to achieve its mission, external donors may provide gifts to the university. The donor may impose no restrictions on the gift whereby the gift may be used for any university purpose (an unrestricted gift), or the donor may restrict the gift to be used only for a specific department, activity, or project (a restricted gift). One method of giving is to establish an endowment, which is a gift whereby the donor stipulates, as a condition of the gift, that the principal be maintained for a specified period of time or until an event occurs or that the principal be maintained in perpetuity. The funds are invested for the purpose of producing present and future income which may either be expended currently or added to the principal. The wright state university foundation incorporated has the responsibility to receive gifts and maintain accountability for them.

(B) Quasi-endowment funds.

(1) Explanation. Wright state university may make internal decisions to allocate and designate funds as quasi-endowment funds, in order to achieve the institution's initiatives and to serve the needs of its students. a quasi-endowment fund functions in the same manner as an endowment fund except that a quasi-endowment is created by the university rather than by an external donor. Therefore, it is the discretion of the board of trustees of Wright state university to expend the principal of a quasi-endowment or to continue the existence of a quasi-endowment.

(2) Maintenance. Quasi-endowments are to be maintained within the university and are to be maintained separately from wright state university foundation accounts which are funded by external gifts only. The following procedures govern establishment, maintenance, and termination of a quasi-endowment fund.

(a) Creation of a quasi-endowment fund may be recommended by a university unit to the provost or appropriate vice president. The provost or appropriate vice president will then submit the recommendation to the president's cabinet for approval. Once approved by the president's cabinet, the recommendation for a quasi-endowment fund will be submitted to the finance and audit committee of the board of trustees of the university and ultimately to the full board of trustees for approval.

(b) The submitting unit must include as part of a recommendation a description of the quasi-endowment, including the purpose of the fund, how it relates to the university's mission, and an identification of the source of funds for establishing the quasi-endowment. The funds for establishing the quasi-endowment are to be cash balances and not base budgets. The minimum amount necessary to establish a quasi-endowment fund is fifty thousand dollars.

(c) The quasi-endowment will be accounted for in the university's endowment fund and accordingly be subject to the disbursement policies and investment guidelines in place for those funds. In addition, no endowment principal may be expended without approval by the board of trustees of the university.

(d) Establishment of a quasi-endowment will be considered permanent. Therefore, a request to terminate or discontinue a quasi-endowment and a subsequent transfer of funds to general university funds is subject to the same approval process described in paragraph (B)(2)(a) of this rule, including approval by the board of trustees of the university.

Replaces: 3352 -7-23

Effective: 5/31/1999
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 5/31/99

3352-7-24 Overexpenditures, disallowances, and uncollectible receivables on sponsored program accounts.

(A) Responsibility for expenditures and accounts receivable.

(1) Expenditures. Principal investigators are responsible for monitoring expenditures on sponsored program accounts in order to verify the appropriateness of expenditures and to ensure that these accounts are not overspent. College/school business officers are responsible for expeditiously resolving direct cost overexpenditures and/or disallowances on sponsored program accounts. The office of research and sponsored programs is responsible for monitoring sponsored program accounts so that accounts which are fully spent and/or expired can be frozen or closed.

(2) Accounts receivable. The office of research and sponsored programs is responsible for invoicing or otherwise requesting funds from sponsors who have incurred payment obligations under externally funded agreements.

(B) Review procedure.

(1) Sponsored program accounts. The office of research and sponsored programs will review accounts on a monthly basis and will freeze or close, as appropriate, those accounts that are fully spent and/or expired. If an account is to be closed or frozen prior to the end date, the office of research and sponsored programs will notify the college/school business officer.

(2) Departmental/college/school overexpenditures and disallowances. the office of research and sponsored programs will follow up with college/ school business officers on a quarterly basis to ensure the successful and timely resolution of sponsored program overexpenditures and disallowances. Failure to resolve such overexpenditures and/or disallowances in a timely manner (usually six months) will result in the transfer of the overexpenditure and/or disallowance charge to the unrestricted budget of the responsible department. However, any portion of the facilities and administrative cost that is greater than the originally budgeted facilities and administrative cost will be canceled.

(3) Uncollectible receivables.

(a) The office of research and sponsored programs will follow up with sponsors on a monthly basis in cases of nonpayment of legitimate obligations. This follow-up will be in the form of past due invoices/statements, collection letters, and/or phone calls. In cases where payment has not been received within a reasonable period (three months for interim billings; six months for final billings), the office of research and sponsored programs will refer the matter to the office of student loan collections and/or the office of general counsel for appropriate action (for example, arbitration, referral to a collection agency, legal action), and the budget for the account will be correspondingly reduced.

(b) If this action results in the account showing an overexpenditure, and responsibility for the nonpayment lies with the principal investigator (nonperformance), the overexpended amount will be handled as stated in paragraph (B)(2) of this rule. If the nonpayment is entirely due to sponsor inaction (for example, bankruptcy), the office of research and sponsored programs will refer the matter for resolution to the associate provost for research.

(C) Appeals. Transfer of overexpenditure or disallowance charges to a departmental account may be appealed to the provost. The appeal should be submitted by the college/school dean, along with an explanation of why the charge(s) should not have been transferred to the department.

Replaces: 3352 -7-24

Effective: 5/31/1999
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 5/31/99

3352-7-25 Fire safety plan.

(A) General policy.

(1) Fire safety standards promulgated by the occupational safety and health administration are contained in 29 Code of Federal Regulations, part 1910.38, fire prevention, and in subpart L, 29, Code of Federal Regulations 1910.155.165, fire detection, alarms and suppression. The standards mandate that Wright state university develop and implement a fire safety plan that includes:

(a) Determining the response level to incipient stage fires.

(b) Developing a plan based on selected response level.

(c) Maintaining fire detection, alarm, and suppression systems.

(2) This policy applies to university employees at the Dayton campus, lake campus, Yellow Springs family health center, Cox institute, Duke E. Ellis institute, Eugene W. Kettering center, Wright state university research center, and university operations at affiliated hospitals.

(3) University employees are required to read and understand the contents of the university fire safety plan and to take appropriate action in the event of a fire emergency in any university facility.

(B) Definitions.

(1) A university employee is any faculty, staff, or student employee who receives compensation from the university for his/her employment and who is covered under Ohio bureau of workers compensation.

(2) An incipient stage fire is a fire in the initial or beginning stage that can be controlled by using a portable fire extinguisher and that does not require using protective equipment.

(3) An area of rescue assistance is a designated area of protection on floors of a building above ground level where an individual who physically cannot use the stairways for evacuation is to wait for rescue assistance. All areas of rescue assistance shall be readily identifiable.

(4) Designated personnel are university employees who have received annual training on the proper use of portable fire extinguishers.

(C) Response level.

(1) The occupational safety and health administration provides three options for the response level to incipient stage fires.

(a) Option A requires all employees to evacuate the workplace when a fire alarm sounds.

(b) Option B provides portable fire extinguishers and designates certain employees to use them to fight incipient stage fires.

(c) Option C provides portable fire extinguishers and permits all employees to fight incipient stage fires.

(2) Dayton campus, lake campus, Yellow Springs family health center, Cox institute, Duke E. Ellis institute, Eugene W. Kettering center, and Wright state university research center.

(a) The university has elected to exercise the occupational safety and health administration option B whereby university personnel, on a voluntary basis, are designated to fight incipient stage fires. Designated personnel are employees of the departments of environmental health and safety, parking and transportation, physical plant, and public safety; staff at the Ervin J. Nutter center; academic/research laboratory supervisors; and, university employees in select specialty work areas.

(b) By electing to exercise the occupational safety and health administration option B, the university has provided a copy of the university fire safety plan to each employee and has instructed all employees not designated in paragraph (C)(2)(a) of this rule that they must take no action to fight an incipient stage fire and must evacuate a building immediately when a fire alarm sounds.

(3) School of medicine facilities operations at the veterans affairs medical center and university operations at other affiliated hospitals.

(a) Wright state university employees working at the veterans affairs medical center and other affiliated hospitals are to follow the instructions outlined in the fire safety plans of those institutions.

(b) If a university employee working at the veteran affairs medical center or another affiliated hospital has not volunteered to fight incipient stage fires and has not received specified training in using portable fire extinguishers, he/she is required to evacuate a building immediately when a fire alarm sounds.

(D) Emergency action plan.

(1) All university employees must be notified of the elements of the emergency action plan contained in the university fire safety plan. All university employees are required to fulfill those elements.

(2) All employees are expected to read and understand the information presented in the emergency action plan, particularly their responsibilities regarding identifying building exits and knowing when to activate a fire alarm and what action to take following activation of an alarm, that is, identifying to the responding emergency response personnel the location of the alarm station activated and the location of the fire/smoke.

(E) Emergency action plan, employee responsibilities.

(1) Fighting incipient stage fires in university buildings. If a university employee is not a designated employee who has received the required training in using portable fire extinguishers, he/she is responsible for activating the nearest fire alarm and immediately exiting the building in the event of a suspected or observed fire. Under no circumstances should the employee attempt to extinguish the fire.

(2) Emergency procedures and escape route assignment. University employees are responsible for determining the location of the closest exit from the work area that leads outside the building and that is the primary emergency exit. University employees also are responsible for determining the location of the secondary exit from the work area, in the event that the primary exit is not accessible. All outer doors will be marked as an exit.

(3) Procedures to be followed by employees who remain in a building to conduct critical plant operations. Employees who are required and permitted by the responding fire department to remain in a building to conduct critical plant operations should perform their duties only if they are not in the smoke/fire area. Employees should never risk injury when performing work related duties.

(4) Procedures to account for all employees after an emergency evacuation has been completed. Supervisors or employees in lead positions are required to develop a procedure to account, to the maximum degree possible, for all employees, students, and visitors after an emergency evacuation has been completed. The procedure should designate an area outside the building to which employees, students, and visitors should report during an emergency evacuation.

(5) Rescue and medical duties. Rescue and medical treatment for injured employees will be provided by the responding fire department. On the Dayton campus, Wright state university police officers will assist responding fire department personnel.

(6) Preferred means for reporting fires. The preferred means for reporting a fire is by using the fire alarm system in a building. As quickly as possible after activating a fire alarm, employees are responsible for meeting responding police officers and/or fire department personnel and identifying the location of the alarm activated and the location of smoke and/or fire.

(7) Safe and orderly evacuation of building occupants. The following procedures represent acceptable guidelines for ensuring the safe and orderly evacuation of building occupants.

(a) Building occupants are not to use elevators.

(b) Building occupants are to use the primary emergency exit whenever accessible. When the primary emergency exit is not accessible, building occupants are to use the secondary emergency exit. Occupants evacuating the building should go immediately to the designated meeting point away from the building. Supervisors or employees in lead positions should account, to the maximum degree possible, for employees, students, and visitors.

(c) Building occupants are to assist individuals with disabilities (nonwheelchair) in exiting the building.

(d) Building occupants who use wheelchairs and are on floors above ground level are to go to the closest enclosed stairwell or to the location in the building designated as the area of rescue assistance. A faculty or staff member should remain with building occupants who use wheelchairs until a rescue is completed or the emergency is terminated. Building occupants who use wheelchairs and are located in the basement of buildings are to use the tunnel system and go to the closest adjacent building not involved in the alarm situation. No individuals, regardless of physical limitations, are to stay in tunnels connected to the building in which the fire alarm has been activated.

(e) The responding fire department personnel or public safety officers are to be informed as soon as possible of the number and location of building occupants who use wheelchairs.

(f) Building occupants are not to reenter affected buildings until permitted to do so by local fire department personnel or by the responding law enforcement officers.

(F) Emergency action plan, building fire alarm system.

(1) All university owned or leased facilities of general occupancy, except the fine arts building, are equipped with fire alarm systems. On the Dayton campus, the system feeds into the public safety communications center. Personnel in the communications center are responsible for notifying the Fairborn fire department, which has jurisdiction for the Dayton campus. At all other campus locations, the fire department having jurisdiction is notified, either directly or indirectly, of the activated alarm.

(2) Using a building fire alarm system normally is restricted to situations where smoke and/or fire has been observed. In situations where an odor, that is, chemical, electrical, and natural gas, is detected, employees are to observe the following procedures.

(a) Dayton campus.

(i) During normal work hours, eight-thirty a.m. until five p.m., employees on the Dayton campus are to notify the physical plant customer service center. The customer service center is responsible for contacting the department of environmental health and safety and appropriate physical plant personnel who jointly will conduct a search of the area.

(ii) Outside normal work hours, employees on the Dayton campus are to notify the public safety communications center. Outside normal work hours, an area search will be conducted jointly by university police officers and physical plant maintenance personnel.

(iii) Responding personnel will determine the necessary response and the immediate disposition of building occupants. Should evacuation be necessary, instructions will be given over the university's public address system and supplemented by verbal directions from on the scene emergency response personnel.

(iv) When fire and/or smoke is not evident, the emergency response personnel, university police officers, environmental health and safety, and physical plant, will activate the fire alarm system when they determine that a fire is imminent and immediate evacuation is required and when they determine that the alarm can be activated without danger of causing an explosion. The alarm also will be activated at the instruction of the Fairborn fire department. The decision to activate a building fire alarm system when there is a detected odor but no visual sighting of fire and/or smoke will be made only at the discretion of emergency response personnel.

(b) Lake campus, Yellow Springs family health center, Cox institute, Duke E. Ellis institute, Eugene W. Kettering center, and Wright state university research center.

(i) During normal work hours, eighty-thirty a.m. until five p.m., university employees will notify the building manager and/or maintenance personnel of a detected odor, that is, chemical, electrical, and natural gas. The building manager and/or maintenance personnel are responsible for conducting a search of the building and for making the determination whether or not to notify the designated fire department and to activate the fire alarm system. If any questions arise as to the seriousness of the situation, the building manager and/or maintenance personnel are not to hesitate in ordering an immediate evacuation of the building. If there should be any concerns about an explosive mixture from chemical or natural gas concentrations in the air, the fire alarm is not to be activated.

(ii) Outside normal work hours, employees are responsible for notifying the designated fire department and immediately evacuating the building.

(c) Veterans affairs medical center and other affiliated hospitals. University employees located at the veterans affairs medical center and other affiliated hospitals are responsible for following the procedures outlined in the fire safety plans of those institutions. At no time should university employees place themselves or others at risk. If any doubt arises as to the seriousness of the situation, employees are to evacuate the building immediately.

(3) Upon hearing a building fire alarm, all occupants must evacuate the building immediately. Faculty members and instructors are required to cease instruction and assist students in exiting the building. The only exception for remaining in the building applies to designated personnel, as defined in paragraph (C)(2)(a) of this rule, who are required to operate or shut down critical systems. Should smoke and/or fire be in the area of a critical system, designated personnel also shall immediately evacuate the building and report to their respective supervisors.

(4) The individuals activating the fire alarm are responsible, after evacuating the building, for meeting responding fire department personnel and/or public safety officers and identifying the location of the smoke and/or fire.

(5) The Dayton campus and veterans affairs medical center also utilize a public address system to announce the activation of a building alarm system and to provide verbal instructions for exiting a building. The public address system is the primary means for ordering evacuation from a building for reasons other than smoke and/or fire.

(6) University personnel are to notify the maintenance department or the building owner of any known areas within a building where the fire alarm appears not to be working or cannot be heard over ambient noise. Any system that is not operating properly is to be repaired immediately.

(7) National and local fire codes require that all manually operated pull stations be unobstructed, conspicuous, and readily accessible.

(8) It is the responsibility of a building owner's maintenance personnel to ensure that the fire alarm and public address systems are operational at all times. Any questions regarding maintenance or testing of those systems can be directed to the applicable maintenance department or to the Wright state university department of environmental health and safety.

(G) Training. The information contained in paragraphs (D), (E), and (F) of this rule meets the occupational safety and health administration requirements for training all employees not designated to remain in a building and fight incipient stage fires. The department of environmental health and safety will be the lead department in identifying designated personnel and in completing initial and refresher training in using portable fire extinguishers.

Replaces: 3352 -7-25

Effective: 8/31/2001
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 8/31/99, 8/31/01

3352-7-26 Violence in the workplace.

(A) Policy. Wright state university is committed to providing employees and students with an environment that is safe, secure, and free of threats, intimidation, and violence. To promote an atmosphere that encourages learning and productive employment, quick responsive action will be taken if violence or the threat of violence arises.

(B) Scope. This policy applies to Wright state university employees, students, and all individuals who, while not Wright state university employees, perform work on university property. Wright state university property includes the Dayton campus, lake campus, and any other location where employees or students engage in university business or participate in any university sanctioned activity.

(C) Guidelines. Wright state university has defined workplace violence as any act that results in threatened or actual harm to a person or property. Workplace violence includes but is not limited to the acts listed in paragraphs (C)(1) to (C)(4) of this rule.

(1) Any physical action that harms or threatens the safety of another individual in the workplace.

(2) Any hostile, threatening, or intimidating behavior that by its very nature would be interpreted by a reasonable person as an intent to cause physical harm to another individual.

(3) The possession of deadly weapons. A deadly weapon is any instrument, device, or object capable of inflicting death, designed or specifically adapted for use as a weapon, or possessed, carried, or used as a weapon.

(4) Intimidating conduct or harassment that disrupts the work environment.

(D) Violations. Employees or students who violate this policy or who intentionally bring false charges under this policy will be subject to disciplinary action up to and including termination of employment or dismissal from the university. In addition, violations of this policy will be handled in accordance with applicable federal and state laws.

(E) Responsibilities.

(1) Employees should report any acts or threats of violence to their supervisor(s), to the department of public safety, and to the department of human resources. Employees should provide the department of public safety with copies of protection and restraining orders.

(2) Students should report any acts or threats of violence to the department of public safety and to the office of student life.

(3) Supervisory personnel should report any acts or threats of violence to the department of public safety and to the department of human resources. as appropriate, supervisory personnel should take corrective action to address acts or threats of violence within their units. All corrective action should be done in collaboration with the department of public safety and the department of human resources.

Replaces: 3352 -7-26

Effective: 8/31/2001
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 8/31/01

3352-7-27 Exit policy for the closeout/decommissioning of university laboratories.

(A) Purpose

University investigators often use hazardous chemicals or agents as part of their laboratory research. Through requirements established in the Chemical Hygiene Plan. Biosafety Manual. Radiation Safety Manual, and regulations instituted by federal and state agencies, investigators must properly handle and control these chemicals and agents to protect persons and the environment. This policy extends the requirement for investigators to maintain control of these materials and potentially contaminated spaces through the process of closing out their laboratory. A principle investigator who permanently vacates laboratory space as part of relocating to another laboratory at the university, transferring to another university, retiring, or suspending laboratory operations for any other reason must ensure that all environmental and occupational health and safety regulations are met to assure a safe work area for future users.

(B) Applicability

This policy applies to the closeout/decommissioning of any university laboratory that had operations dealing with hazardous materials. For the purpose of this policy, hazardous material includes chemicals, radioactive materials, and biological, infectious, or zoonotic agents or toxins. This policy also applies to hazardous materials belonging to the vacating principal investigator, but stored in a shared use or storage space (e.g.. cold room, freezer, or stock room).

(C) Responsibilities

(1) Principal investigator

The principal investigator (PI) is a faculty or staff member serving as the responsible individual of the laboratory. The PI retains responsibility for proper management of hazardous materials and contaminated equipment or laboratory surfaces. At least one month before vacating the laboratory space or as soon as the decision is made, the PI will inform the director of environmental health and safety (EHS) of the planned move. The PI will meet with the director of EHS or his/her representative to discuss the close out process. If necessary, the department chair may be involved in the discussion. The director of EHS will provide the PI a copy of the "Laboratory Clearance Checklist" which will be used to complete the Exit Clearance process (see paragraph (E) of this rule).

(2) Department chair or director

The chair or director is accountable for laboratory space assigned to the department. The chair or director must ensure the director of EHS is timely informed of planned laboratory closeouts. In the event services beyond those routinely performed by EHS are required, such that an outside contractor is needed, the responsible department will be charged for purchased services. Any regulatory action or fines resulting from improper management of hazardous materials will be charged to the responsible department.

(3) Environmental health and safety (EHS)

EHS will work with the PI to develop a management plan for the proper management and disposal of hazardous material and with developing procedures for the required decontamination of equipment or laboratory surfaces. EHS is responsible for the costs associated with the disposal of hazardous materials that have been managed as required under applicable procedures. EHS staff will perform the final inspection of a vacated laboratory, along with the PI as described in paragraph (E) of this rule, and will release the laboratory for fixture use once all requirements have been met.

(4) Laboratory animal resources (LAR)

The director of LAR is responsible for the management of all controlled substances regulated by the federal drug enforcement agency (DEA) and for the incineration of all animal waste not meeting the Ohio environmental protection agency's (OEPA) definition of infectious waste.

(D) Procedures

Principal investigators shall follow the procedures in this section to manage hazardous material when exiting a laboratory. Any equipment or laboratory surface that is contaminated with any hazardous material must be decontaminated as described in this paragraph.

(1) Chemicals. References: rule 3352-7-20 of the Administrative Code .

(a) Any chemical distributed to you as a DEA controlled substance must be returned to the director, laboratory animal resources, prior to exiting the laboratory.

(b) Chemicals can be transferred to other laboratories within the department, or other university departments, with the acknowledgement of EHS and updating the laboratory chemical inventory of the accepting location. Contact EHS prior to transference of any chemicals.

(c) Hazardous chemicals transported off campus must comply with applicable U.S. department of transportation (DOT) regulations by following EHS's procedures on transportation of hazardous materials. These procedures can be accessed on the EHS website at http://www.wright.edu/admin/ehs.

(d) Chemicals you wish to have managed by EHS must be properly containerized and labeled. Proper labeling requires the chemical name of each chemical to be listed on the container. If a container has a mixture of chemicals, each chemical must be listed with its relative percentage. Chemical formulas, abbreviations, or trade names are not acceptable. For any commercial chemical product that is not labeled with its chemical name, a "Material Safety Data Sheet" must be requested from the company and supplied to EHS with the chemical. Contact EHS to arrange for chemical pick up.

(e) If the investigator is leaving the university, return the WSU chemical hygiene plan to EHS.

(2) Radioactive material. Reference: "University Radiation Safety Manual" (RSM) Authorized users must:

(a) Inform the radiation safety officer (RSO) at least two weeks prior to the laboratory closeout.

(b) Terminate their radioactive materials protocols (section of 2.6.4 of the RSM).

(c) Ensure laboratory facilities and equipment are free of contamination (sections 2.18 and 2.19 of the RSM).

(d) Ensure all radioactive materials, radioactive waste, and potentially contaminated equipment or surfaces are properly labeled (sections 2.17 and 2.24 of the RSM).

(e) Returned all remaining radioactive materials and dispose of radioactive waste to the radiation safety office (sections 2.24 of the RSMV

(f) If the authorized user is leaving the university, return the "Radiation Safety Manual," personnel dosimeters, survey meters, radiation protection equipment, and shielding devices to the radiation safety office.

(g) Inform the RSO if any radioactive material will be transferred to another authorized user. another location on campus, or to another licensed institution (section 2.14.3 and 2.15 of the RSM).

(h) Schedule a final laboratory radiation survey (and bioassay. if appropriate) with the radiation safety office.

(3) Biological and infectious material

References: Wright state university's Institutional Biosafety Manual; Wright state university's Infectious Waste Management Guide; Title 42 Code of Federal Regulations Part 73. If you are leaving the university and were issued an Institutional Biosafety Manual, return it to the university institutional biosafety officer.

(a) Select agents:

(i) Certain biological material and toxins considered select agents (se 42 CRF 73.4 and 73.5 ) cannot be transferred to other university personnel or transported off campus without prior approval from EHS , the institutional biological safety officer, the department of health and human services, and/or the United States department of agriculture.

(ii) The disposal of select agents, if meeting the OEPA definition of infectious waste (see paragraph (D)(3)(b) of this rule , shall be managed as described in the section for infectious waste. Select agents not meeting the definition of infectious waste must be handled on a case by case basis. Contact the institutional biological safety officer for assistance.

(b) Infectious waste:

(i) All waste material meeting the OEPA definition of infectious waste must be collected by EHS except in cases when liquid infectious waste cultures can be treated with bleach and disposed down the drain. OEPA's definition of infectious waste can be found in the "Infectious Waste Management Guide;" appendix D in the WSU "Institutional Biosafety Manual,"or on the EHS website at http://www.wright.edu/admin/ehs. In all cases. EHS must be notified. Prior to EHS picking up any infectious waste, or when treating liquid infectious waste cultures, all waste must be managed as described in the "Infectious Waste Management Guide".

(ii) In no cases shall material meeting the OEPA's definition of infectious waste be autoclaved and disposed as regular trash or sent to laboratory animal resources for incineration.

(iii) Contact environmental health and safety to obtain any needed infectious waste boxes or to schedule a pick up of infectious waste.

(c) Animal and human tissue:

(i) If tissue is held in a liquid preservative, tissue and liquid must be separated.

(ii) Liquid preservative shall be managed as described in the chemicals paragraph of this rule .

(iii) Tissue meeting the OEPA definition of infectious waste must be collected by EHS. Prior to EHS picking up any infectious waste it must be managed as described in the "Infectious Waste Management Guide" of the WSU "Institutional Biosafety Manual" (appendix D). OEPA's definition of infectious waste can be found in the management guide which can be viewed on EHS's website:http://www.wright.edu/admin/ehs/.

(iv) Tissue not meeting the definition of infectious waste shall be collected and sent to laboratory Animal Resources for incineration.

(d) Toxins:

(i) Toxins must be handled on a case by case basis. Contact EHS for instructions.

(ii) Toxins considered a select agent will be managed for disposal, transfer, or transport according to 42 CFR 72 and 73.

(4) Laboratory equipment and surfaces

a) Any laboratory equipment or laboratory surface that is contaminated with a hazardous material must be decontaminated prior to exiting the lab or distribution of the equipment. Proper decontamination requires the wipe down of all contaminated surfaces with a solvent or cleaning agent capable of removing the contaminant. Any equipment that contains a hazardous material integral to the operation of the equipment (i.e.. oil, mercury, refrigerant, asbestos...) must have the hazardous material removed prior to disposal. The exception to this is if Wright state university's excess and surplus management department (ESPM) plans to sell the equipment as useable.

b) Any laboratory equipment that is contaminated with, or contains, radioactive material must go through a specific clearance process initiated by the radiation safety office. Refer to the radioactive material section of this policy for guidance.

c) ESPM must manage all equipment for disposal or resale. Refer to Wright State University's Wright Way Policy Manual Policy 5403 for the requirements of ESPM. Specifically, policy 5403.6 ^) stipulates the requirements for handling equipment that contains or is contaminated with a hazardous material. These requirements must be satisfied.

(E) Laboratory exit clearance

1) After all hazardous material has been managed as described in this policy; contact EHS, (937) 775-2215, to set up a laboratory clearance meeting. The meeting shall be held in the laboratory and attended by the principal investigator and an EHS representative(s). Either the principal investigator or EHS may request that the department chair or director attend the meeting.

2) The EHS representative(s), with assistance from the principal investigator, will complete the EHS Laboratory Clearance Checklist.^' The checklist will be signed by the principal investigator and the chair or director of the department or administrative unit after which the lab will be considered safe for reuse by another investigator. he completed and signed Clearance Checklist will be kept on file in EHS permanently.

Replaces: 3352.03

Effective: 10/20/2006
Promulgated Under: 111.15
Statutory Authority: 3352.03
Rule Amplifies: 3352.03
Prior Effective Dates: 10/20/2006