Chapter 3356-4 University Property and Use of Equipment

3356-4-01 Smoke and tobacco free environment.

(A) Policy statement. Youngstown state university is dedicated to providing a healthy, comfortable, and productive work and living environment for its employees and students and adhering to the smoking prohibition requirements in Chapter 3794. of the Revised Code. The success of creating and maintaining a mutually acceptable work and living environment will depend upon the thoughtfulness, consideration and cooperation of smokers and nonsmokers.

(B) Scope. This policy applies to students, employees, and third parties and to all university-owned, leased, or managed facilities, outdoor areas, and vehicles.

(C) Purpose. To comply with Ohio smoking law, Chapter 3794. of the Revised Code, and to limit the exposure of university students, employees, and visitors to the effects of tobacco use and secondhand smoke.

(D) Definitions.

(1) "Tobacco use." For purposes of this policy, "tobacco use" means the use of any tobacco product, whether intended to be lit or not, including smoking, as defined below, as well as the use of electronic cigarettes or any other devices intended to simulate smoking or tobacco use and the use of smokeless tobacco, such as snuff and chewing tobacco and any other form of loose-leaf smokeless tobacco.

(2) "Smoking." Inhaling, exhaling, or burning of tobacco or any other material in any type of smoking equipment or device, including but not limited to cigarettes, e-cigarettes, cigars, or pipes.

(E) Parameters. Smoking and tobacco use are specifically prohibited in the following university locations:

(1) All university-owned or leased buildings and vehicles;

(2) Outdoor areas where smoke may enter the building through an entrance, overhang, windows, vents, loading dock or other openings to a building or other structure;

(3) All residence halls;

(4) Any outdoor patio that is not physically separated from a building;

(5) All outdoor events, such as but not limited to athletic events, concerts, or other performances, award ceremonies, and public speakers;

(6) Fountain seating area outside of Kilcawley;

(7) All outdoor areas posted as non-smoking.

(F) Violations of paragraphs (E)(1) to (E)(4) of this rule are violations of state law, Chapter 3794. of the Revisea Code, and university policy. Violations of paragraphs (E)(5) to (E)(7) of this rule are violations of university policy only.

(G) Smoking shall be permitted in the following places owned or leased by Youngstown state university:

(1) All outdoor areas not specifically listed above; and

(2) Outdoor areas at least fifty feet away from the entrance, overhang, windows, vents, loading dock or other openings to a building or other structure, provided that smoke does not inadvertently enter the building.

(H) Smoking cessation. Smoking cessation support will be made available periodically to members of the university community wishing to cease smoking.

(I) Procedures.

(1) Complaints of violations of this policy may be brought to the attention of the vice president of finance and administration. Complaints of violations of state law may also be brought in accordance with reporting guidelines provided by the Ohio department of health.

(2) "Smoking prohibited" signs will be posted in accordance with Chapter 3794. of the Revised Code.

(3) Smokers are required to dispose of all smoking and tobacco litter in the receptacles provided in selected areas where smoking is permitted.

(J) Enforcement.

(1) All employees and students share in the responsibility for adhering to and enforcing this policy.

(2) Individuals who violate this policy will be issued a university smoking prohibition warning, which could result in employee or student discipline. Individuals who violate state law and are reported to the department of health may be fined up to one hundred dollars.

Replaces: 3356-4-01

Effective: 8/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/15/98, 6/16/03, 8/21/10, 6/4/12

3356-4-02 Surplus property.

(A) Policy statement. Property such as equipment or furnishings which is no longer needed may be declared and disposed of in the best interest of the university.

(B) Purpose. To establish procedures for the responsible disposal of surplus property.

(C) Scope. This policy is applicable to university-owned assets.

(D) Parameters. Proper repurposing or disposal of university-owned assets is permitted in accordance with the following parameters:

(1) The office of support services has the responsibility of controlling surplus university property and facilitating its disposition.

(2) All dispositions must be in conformance with federal, state, and local laws and regulations, including applicable grant and/or contrct guidelines.

(3) Only the office of support services is authorized to sell, gift, or dispose of surplus university property, including scrap materials.

(D) Procedures.

(1) When it is determined that departmental property is no longer needed, the chairperson/director shall release it to the office of support services by completing the appropriate section of the "Inventory Control" form. (These forms may be obtained from the office of support services.)

(2) Any technology-based component or equipment which is determined to be surplus, such as a central processing unit ("CPU") contained within a computer, equipment with magnetic or electronic memory (digital cameras, external hard drives, etc.) and/or equipment with components which can perform electronic data storage (printers, scanners, and copies), shall be turned over to the information technology services division.

(3) Technology services shall either maintain an inventory of the technology-based components or equipment for redeployment within the university or prepare the component or equipment as surplus property for transfer to the office of support services. Prior to the transfer as surplus property, the information technology division shall process the property and certify it is cleansed. Information technology services shall be the sole authority for determining and communicating to office of support services the permissible disposition of technology equipment.

(4) Disposable media for data storage that are not solid state (paper, floppy drives, zip drives, CDs, DVDs, and furture such media) are not considered technology-based equipment or components for the purpose of this policy.

(5) To facilitate the intra-university transfer of surplus property, the office of support services is responsible for maintaining an inventory of such property and periodically notifying the campus community of its availability.

(6) Requests for surplus property are made through the office of support services.

(7) When it is determined to be in the best interest of the university, the office of support services may dispose of such property by:

(a) Selling by sealed bid, at auction, or at predetermined price;

(b) Gifting to other educational, governmental, or 501(c)(3) agency; or

(c) Discarding.

Proceeds from sales shall be deposited into the appropriate account.

Replaces: 3356-4-02

Effective: 8/28/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 11/16/81, 8/15/98, 6/16/03, 8/21/10

3356-4-03 University facilities - use, priorities, and fees.

(A) Policy statement. The facilities of Youngstown state university ("university") are the property of the state of Ohio. The board of trustees authorizes the president to establish the fees, priorities, and procedures for the use of university facilities.

(B) Purpose. To establish standards for the responsible management of university facilities in order to maximize the positive use of university facilities and minimize disruption to the university functions or activities.

(C) Scope. This policy applies to all university, student, and non-university organizations or individuals that wish to schedule events or use university facilities.

(D) Definitions.

(1) "Facilities." Buildings, structures or land (including athletic fields, green spaces, and parking facilities) owned or leased by the university.

(2) "University organizations." All university units, departments, and offices staffed by university employees acting within the scope of their employment, including but not limited to university committees, governance bodies, and councils.

(3) "Student organizations." All student groups and organizations officially registered and recognized by the university.

(4) "Non-university organizations." Organizations other than university or student organizations that are legally separate entities from the university, even though some participants or members may be university personnel, students, or alumni. A non-university organization may be an individual.

(5) "University event." A program or activity that is administered by the university or a university organization.

(6) "Student event." A program or activity that is planned and directed by a student organization.

(7) "Non-university event." A program or activity administered by a non-university group using university facilities with no university sponsorship.

(8) "Sponsored event." A program or activity that involves both a non-university organization and a university or student organization.

(9) "Responsible office." Individual or office responsible for booking and/or scheduling use of a specific facility.

(E) Parameters for usage.

(1) Any non-university organization or individual requesting to use university facilities must complete a university agreement for use of facilities and equipment which is available from the responsible office.

(2) Activities may take place only in facilities that are appropriate for the activity in question. Considerations as to appropriateness include but are not limited to the purpose of the facilities, nature of the activity, staging requirements, anticipated attendees, and university calendar and staffing concerns..

(3) The right to use university facilities does not confer the right to use the university name or to imply university sponsorship or endorsement of an event.

(4) All individuals and/or organizations that are granted permission to use university facilities must pay all applicable fees and charges and must comply with all applicable federal, state, and municipal regulations and university rules and policies, including but not limited to the university's policies regarding alcoholic beverages on campus, drug-free environment, smoke and tobacco-free environment and minors on campus policies.

(5) No individual or organization may assign its use of university facilities.

(6) The university reserves the right to set limits on the number of reservations of facilities by non-university organizations.

(F) Priority usage.

(1) The majority of university facilities contain classrooms (indoor and outdoor), laboratories, and assorted faculty and administrative offices which are devoted to advancing the teaching and learning processes. Use of these facilities is generally limited to meeting university needs.

(2) Where there is a conflict between requests, usage decisions will be based on the timeliness of the request, the availability of alternative university facilities, and fulfillment of the university's educational and institutional needs. University and student organizations shall have priority over non-university organizations. Usage shall follow the following priorities:

(a) Priority 1. Use for regularly scheduled academic classes, labs, programs of instruction and research and activities resulting from academic courses such as rehearsals, concerts, seminars and lectures.

(b) Priority 2. University-wide events, activities, and programs such as visitation days, orientation, graduation ceremonies, university scholars and honors program, intercollegiate athletics competitive events and practices.

(c) Priority 3. Meetings, workshops, training and development programs for university employees or special academic or athletic events run or sponsored by a university organization.

(d) Priority 4. Programs or activities of registered student organizations.

(e) Priority 5. Faculty and staff recreational programs and activities.

(f) Priority 6. Programs or activities sponsored or co-sponsored by the university or student organization.

(g) Priority 7. Non-university program or activity.

(G) Event sponsorship. A university or student organization seeking to sponsor an event with a non-university organization is subject to the following requirements:

(1) The event must be consistent with the goals and purposes of the university or student organization.

(2) The university or student organization must designate a contact person who has knowledge of the non-university organization and the arrangements for the event, including the date, time, location, purpose, and number of attendees.

(3) The contact person must be present at the event.

(4) The university or student organization accepts fiscal responsibility for any fees, costs, and/or damage related to the event which the non-university organization refuses or fails to pay.

(H) Fronting prohibited. No organization or individual may front for another individual or organization. Fronting occurs when an individual or organization reserves space for the use of another individual or organization in order to conceal the identity of the true user or to help the true user avoid university policies, rules, fees, or fiscal or insurance requirements.

(I) Responsible office.

(1) Procedures for scheduling and use authorization vary among different facilities. In general, information and access to university facilities is secured through the responsible office for the facility.

(2) The responsible office shall record confirmed and approved facility use on the university's banner system or the integrated administrative database in current use by the university.

(3) When an event or program requires the use of university parking facilities, the responsible office shall contact parking services as soon as the reservation is made in order to request and schedule use of university parking facilities. The responsible office shall also contact university police and catering services if required for the event.

(J) Cost, charges, and fees.

(1) University and student events are subject to payment for the direct costs of facility usage. Direct costs include but are not limited to cost of staffing, security, setup, cleaning, food and beverage costs, and damages incurred during an event.

(2) Non-university events are subject to direct costs of facility usage as well as equipment use and rental charges.

(K) Food and alcohol. All food and beverages served in university facilities must be provided by the university's contracted food service provider unless otherwise stipulated. Requests to provide and/or sell alcoholic beverages must be approved in advance of an event. Restrictions and permit requirements for the provision and/or sale of alcohol are determined by the location of an event. Information regarding alcohol is available through the responsible office of the facility (see university policy 3356-5-10 concerning alcoholic beverages on campus).

(L) Insurance. In order to use university facilities, student and non-university organizations are subject to all applicable university insurance coverage requirements.

(M) Fundraising and commercial activity.

(1) University facilities are not available for fundraising or commercial profit purposes if the funds are designated solely to enrich an individual or commercial entity. This does not preclude fundraising or profit-making activities in support of the university or university or student organizations. University facilities and resources may not be used for political fundraising.

(2) All commercial sales, solicitations, and advertising activity on university facilities are prohibited without prior authorization from the university. Entities or individuals wishing to access the university for purposes of commercial solicitation or advertising should consult university policy 3356-7-19 concerning access to campus for commercial solicitation or advertising.

(N) Use of university facilities by nonprofit external organizations.

(1) As a service to the community, Youngstown state university may allow the use of university facilities by nonprofit external organizations for nonprofit educational, recreational, social, religious, civic, philanthropic and like purposes. Such use may not interfere in any way with the regular programs and activities of the university. External organizations are required to provide the director overseeing the facility with a current copy of the internal revenue service ("IRS") exemption letter indicating that the organization is incorporated as a 501(c)(3) nonprofit organization. (A federal identification number is not a substitute for the IRS exemption letter.)

(2) All use and rental forms, procedures, and university policies remain in effect for a nonprofit organization. Where a nonprofit organization requests a rental space discount, the availability and amount of a discount will be determined by the director overseeing the facility with final approval by the vice president of finance and business operations. Security discounts are to be determined by the university chief of police, with final approval by the associate vice president of university relations. Parking and janitorial services are unable to provide discounts.

(3) If a university department, program, or student group (collectively, "campus entity") is sponsoring or co-sponsoring a nonprofit organization for an event on campus, rental fees may be waived. However, all applicable university forms, procedures, and policies remain in effect, including but not limited to the requirement that the campus entity shall provide a representative at the event to ensure all university policies are upheld.

(O) Public safety. University policy officers may be required at certain events on campus. The chief of the Youngstown state university police department or his/her designee, in conjunction with the responsible office of the facility, will make this determination. The necessity for an amount of public safety services and other safety personnel or services shall be based on the date, time, and location of the event, the type of event, the anticipated number of attendees and any other relevant factors and statutory requirements.

(P) Change, suspension, or termination of use. The university reserves the right to change locations and/or suspend or terminate current and future usage approval for any event, program, organization or individual under the following circumstances:

(1) In the event of an emergency;

(2) When usage interferes with or disrupts university functions or use;

(3) When facilities are misused;

(4) When the user of facilities, including attendees or participants, fails to comply with a usage agreement, university policy or rule, or local, state or federal laws.

Replaces: 3356-4-03

Effective: 11/6/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 12/20/10

3356-4-04 Naming of university facilities, colleges, and programs.

(A) Policy statement. The board of trustees authorizes the naming of university facilities, colleges and programs in recognition of outstanding service to the university, community, or nation, or for significant contributions to the university.

(B) Purpose. To establish standards and procedures for the naming of Youngstown state university facilities an academic programs.

(C) Definitions.

(1) "Facilities." Buildings, rooms, interior spaces and other portions within buildings, and all other areas owned, operated, or controlled by the university.

(2) "College." The academic divisions of the university.

(3) "Program." Departments, institutes, centers, professorships, specific lecture series, symposiums, and other entities associated with university functions.

(D) Parameters.

(1) Youngstown state university encourages donations or gifts, whether from individuals, groups, organizations, or corporations (hereinafter referred to as a "donor"), which enhance the university's ability to meet its academic mission and the needs of the university community.

(2) Substantial gifts and contributions to the university, the community, or the nation may be acknowledged by the naming or renaming of university facilities, colleges, or programs where appropriate. The naming acknowledgement may be in the name of the donor or as a memorial to a donor's friend(s) or family member(s).

(3) In the event that a facility, college, or program cases to exist, is substantially altered or replaced, the use of the existing name or the use of a new name will be subject to the approval of the board of trustees. In cases where a corporation or organization name is used, the number of years during which the name will be used may be limited at the discretion of the board of trustees.

(4) A building gifted to the university may be named, where appropriate, for the donor or an individual or group of the donor's choice.

(5) Naming actions shall not detract from the university's values, mission, or reputation, nor shall any naming create a conflict of interest, or the appearance of a conflict of interest, or confer special privileges.

(6) Pledges for naming should be paid in full with five years of the commitment.

(7) Information regarding named gift opportunities shall be available through the office of the president of the university or the Youngstown state university foundation ("YSU foundation").

(E) Procedures.

(1) The presidents of the university and the YSU foundation shall jointly establish appropriate stipulations, opportunities, and minimum financial parameters applicable to naming opportunities which shall be subject to approval by the university board of trustees.

(2) The president of the university, or the president of the YSU Foundation in consultation with the president of the university, shall bring all naming or renaming actions to the institutional engagement committee of the board of trustees.

(3) The institutional engagement committee shall forward its naming recommendations to the board of trustees for action.

(4) Once approved, the university president shall initiate the action of naming or renaming any university facility, college, or program.

Replaces: 3356-4-04

Effective: 8/28/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 10/15/98, 6/16/03, 8/21/10

3356-4-05 Acquisition of real estate.

(A) Policy statement. The board of trustees designates the geographical area in the vicinity of the campus within which the university may seek to acquire real estate. A willing seller/buyer approach will be used as a guiding principle on the acquisition of property. Authority to negotiate preliminary purchases of real estate is delegated to the president and/or designee. Final approval to acquire real estate rests with the board of trustees. Nothing in this policy statement shall be construed as to limit the authority of the board or of its finance and facilities committee at bylaws rule 3356-1-03 of the Administrative Code or paragraph (B)(3) of rule 3356-1-03.8 of the Administrative Code.

(B) Parameters.

(1) The university has a primary area of geographic interest that has been jointly agreed to by the university and the board of regents. This area is defined as follows:

(a) A southern boundary beginning at the intersection of Rayen avenue and Belmont avenue, running east on Rayen avenue, south on Fifth avenue, east on Wood street, north on Wick avenue, east on Rayen avenue to Andrews avenue.

(b) An eastern boundary generally consisting of the line running north on Andrews avenue to the intersection with the eastbound access road.

(c) A northern boundary generally consisting of the line running west on the eastbound access road to Wick avenue, north on Wick avenue to a point one hundred ten feet north of the westbound access road, west to Bryson street, north on Bryson street to Madison avenue, west on Madison avenue to the intersection at Fifth avenue, south on Fifth avenue to the eastbound access road, and west on the eastbound access road to Ford avenue.

(d) A western boundary generally consisting of the line running south on Ford avenue to Scott street, west on Scott street to Belmont avenue, south on Belmont avenue to Rayen avenue.

(2) The university has a secondary area of geographic interest that extends six to eight blocks beyond the primary area in the north, south, and west sides of the campus.

(a) The university maintains a good neighbor policy in this area and takes proactive steps to ensure the health and safety of residents of this area.

(b) The university is a catalyst to develop this area and encourage commercial, economic, and housing development activity.

(c) The overriding goal of this activity is to create a living/learning environment that is conducive to the mission of the institution.

(3) On occasion, the university may be the recipient of real estate in other locations. The acceptance and disposition of such gifts is determined on a case-by-case basis by the president and recommended to the institutional engagement committee of the board. Prior to the acceptance of such gifts by the institutional engagement committee and the board of trustees, the real estate will be evaluated in accordance with paragraph (C) of this rule.

(C) Procedures.

(1) As appropriate, the finance and facilities committee of the board of trustees will review the property acquisition plans of the university and make any necessary modifications.

(2) As appropriate, the finance and facilities committee agenda will include an item, "Property Acquisition Update." This status report addresses ongoing activities, pending actions, and issues that need attention.

(3) The first step of the real estate acquisition process in the primary or secondary areas of geographic interest will be to obtain preliminary approval from the president, or his designee, to begin discussions with the landowner, conduct a title search, obtain an appraisal, and, as appropriate, conduct a phase 1 environmental assessment.

(4) If after communicating with the landowner, conducting a title search, obtaining an appraisal, and performing a phase 1 environmental assessment, the administration desires to proceed with acquisition of the property, if deemed appropriate, the administration will obtain a resolution from the finance and facilities committee which recommends to the board of trustees that the board approve acquisition of the real estate and the means of acquisition. In seeking such a resolution from the finance and facilities committee, the administration will prepare and submit to the committee an executive summary identifying the real estate and justifying the proposed acquisition. The executive summary may also include an analysis of the phase 1 environmental assessment and a budget impact statement.

(a) For real estate without a building, the budget impact statement will identify the intended use, projected cost of acquisition, and environmental compliance costs.

(b) For real estate with a building, the budget impact statement will identify the intended use, projected cost of acquisition, estimated remodeling or demolition costs, environmental compliance costs, annual operating costs (e.g., utilities, insurance, janitorial services, basic maintenance, staffing costs), projected revenue earnings, if any, and other pertinent information.

(5) After receiving the listed information, the finance and facilities committee may seek additional information, decline the administration's request for approval to acquire the property, or pass a resolution that recommends to the board of trustees that acquisition of the real estate be approved.

(6) After the board of trustees approves acquisition of the real estate , the administration may proceed to acquire the real estate within the parameters approved by the board.

(7) Acquisitions of real estate will be at the appraised value or less whenever possible. Exceptions will be approved in advance by the president or his designee.

(8) The administration will record all property acquisitions with the state of Ohio and/or the university in the official log of institutional property.

Effective: 8/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 10/15/98, 1/6/03, 6/16/03, 8/21/10, 12/20/10

3356-4-06 University parking and transportation fees.

(A) Policy statement. The university will fund the provision of parking and related transportation services from a variety of sources and permits the use of these services in accordance with established law and university requirements and regulations.

(B) Purpose. To provide guidelines and procedures on the use and management of university parking facilities, fees, and related transportation services.

(C) Scope. This policy applies to all individuals operating vehicles on university property and to university parking facilities and related transportation services.

(D) Parameters. Costs for the provision, construction, and maintenance of parking facilities and related transportation services are funded by income from sources such as fees, parking permits, parking meters, daily and special events parking, fines imposed for violation of parking regulations, and debt secured by bonds. Users of parking and related services must comply with the requirements established pursuant to this policy.

(E) Procedures.

(1) Valid parking permits are required at all times when parking on the Youngstown state university ("YSU") campus.

(2) Student parking permits are available through the transportation fee. Students taking six or more credit hours will be assessed a transportation fee and may order a parking permit at no additional charge. Students taking five or less credit hours may opt into the transportation fee and order a semester parking permit at no additional charge or purchase a daily parking permit as needed.

(3) Collective bargaining contracts may contain specific parking procedures and fee information.

(4) Businesses or other organizations which lease space on campus or which contract with the university for the provision of services may purchase parking permits for their employees. Employees of such companies may purchase parking permits if their employer does not provide them.

(5) Trustees of the university, trustees of YSU-affiliated organizations, government officials, outside counsel, and officers of other universities are permitted to park in designated visitor's areas without cost while on business at the university.

(6) Individuals on campus for YSU prearranged recruiting events or visits are permitted to park in designated areas without cost while on campus for the scheduled event or visit.

(7) Visitors to the university will be charged the current approved rate for parking on campus. Departments may purchase a visitor permit for their guest through parking services.

(8) Event parking will be charged the current approved rate for parking on campus. Event sponsors may purchase the parking in advance for their attendees.

(9) The board of trustees approves parking fees and fines, upon the recommendation of the Finance and Facilities Committee.

(10) Parking services personnel and university police officers are authorized to issue citations to vehicles parking in violation of parking regulations.

(11) Parking fees, fines, and regulations may be found in the parking services brochure, the university bulletins, other university publications, and the university website.

Replaces: 3356-4-06

Effective: 8/28/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 8/19/78, 5/21/99, 6/16/03, 8/21/10

3356-4-07 Selection of design professionals for university capital projects.

(A) Policy statement. Selection of architects/engineers for university capital projects is based on size, complexity, and estimated cost of the project. Smaller projects may be completed by the university architect and internal personnel or by an external architect/ engineer. For projects requiring an external architect/engineer, a competitive selection process will be used based upon an evaluation of submitted proposals. Selection of external architect/engineers for state-administered projects may include the Ohio facilities construction commission ("OFCC"). In all cases, the selection process will conform to Chapter 153 of, the Revised Code. Projects limited in scope to mechanical, electrical, structural, or building envelope maintenance will not be subject to this policy. In selected cases, state-authorized alternative project delivery methods may be utilized.

(B) Parameters.

(1) All projects subject to this rule will be publicly advertised according to institutional or state requirements.

(2) Approved projects will be shared for information purposes at regularly scheduled meetings of the finance and facilities committee of the board of trustees. It is recognized that on rare occasions, and where timely decisions are required, it may not be feasible to immediately convene a meeting of the finance and facilities committee. In such cases, the university president and the finance and facilities committee chairperson will agree upon an appropriate procedure to be followed.

(3) The executive director of facilities and support services will determine the appropriate representative(s) to serve on the project teams, in consultation with the area officer, for the project's user department. A member of the board of trustees may be included on the project team.

(C) Procedures.

There are four general procedures that may be used to determine the use and selection of architects/engineers for capital projects. It is recognized that under a particular situation, one or more modifications may need to be made to accommodate the requirements of a specific project.

The associate director of planning and construction will prepare a preliminary estimate of costs and scope of all projects. A recommendation including these factors and the capability of internal personnel to complete the project will be submitted to the executive director of facilities and support services for determination of the procedures to be followed.

(1) Classification one. Capital projects designed by university staff.

(a) The executive director of facilities and support services will appoint a project team and chairperson for each project.

(b) The team will typically include two or three university professional staff members and one or more users of the space to be constructed. The team chairperson will maintain and regularly distribute minutes of all meetings.

(c) The team chairperson will work closely with the members of the department/unit that will occupy the space being designed and maintain the scope and costs of the project within the availability of project funds.

(2) Classification two. Capital projects administered and designed by external architects/engineers.

(a) The executive director of facilities and support services will appoint a project team and chairperson for each project.

(b) The team will typically include two or three university professional staff members and one or more users of the space to be constructed. The team chairperson will maintain and regularly distribute minutes of all meetings.

(c) The project team will determine the desired qualifications needed by the architect/engineer for the project. These qualifications, along with the scope of the project, will be stated in the request for proposals ("RFP").

(d) The RFP will be sent to an appropriate number of design firms who have expressed an interest in being considered for university projects. Additional firms may be solicited through an advertisementin "The Vindicator" and an RFP to the register of Ohio .

(e) The project team will evaluate submitted proposals and, if appropriate, interview firms in accordance with the Ohio department of administrative services procedures. (See section 3345.50, Chapter 125. and Chapter 153. of the Revised Code, and Chapter 123:5-1 of the Administrative Code.) The team will submit a ranked list of firms, based on average composite scores and with recommendations, to the executive director of facilities and support services for approval.

(f) The selected firm, for informational purposes, will be reported to the board of trustees.

(3) Classification three. Capital projects administered by the state and designed by external architects/engineers.

(a) All state department of administrative services procedures, including advertising and determination of firms selected for interview, will be followed. (See section 3345.50, Chapter 125. and Chapter 153. of the Revised Code, and Chapter 123:5-1 of the Administrative Code.)

(b) The project team and representative(s) of the OFCC will follow the procedures established by the OFCC to select the architect/engineer for the project.

(d) The selected firm, for informational purposes, will be reported to the board of trustees.

(4) Classification four. Alternative project delivery methods.

(a) On a case-by-case basis, the administration may designate a capital project for construction using state-approved alternative delivery methods such as design-build or construction manager. The university administration will select the design-build firm or construction manager following procedures established by the OFCC and will inform the board of trustees at their next regularly scheduled meeting.

(b) The university will follow the guidelines for this alternative delivery method as established by the OFCC.

Replaces: 3356:1-14-09

Effective: 8/21/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 5/21/99, 1/6/03, 6/16/03

3356-4-08 University police.

(A) Policy statement. The president of the university shall have the authority to take the necessary action to regulate the use of university facilities and the conduct of students, staff, faculty, and visitors so that law and order are maintained.

(B) Parameters.

(1) The university police shall have as its primary mission the protection and safety on campus of the person and property of students, faculty, staff, and visitors and the protection of university property.

(2) The university police shall enforce the laws of the state of Ohio and the ordinances of the city of Youngstown.

(3) The university police shall assist the associate vice president of university relations with the enforcement of rules and regulations governing student behavior and shall assist the other executive officers with the enforcement of all other university rules and regulations.

(4) The university police shall cooperate with the Youngstown police department, the Mahoning Valley law enforcement task force (Mahoning and Trumbull counties), and the twelve state universities of Ohio in compliance with the terms of mutual aid agreements between the university and the appropriate law enforcement agencies.

(C) Procedures.

(1) All university police are required to take an oath of office, wear the badge of office, and wear an approved uniform while on duty.

(2) All sworn officers shall be armed with a weapon and ammunition approved and issued by the university chief of police, and they shall carry only such additional equipment as approved and issued by the chief.

(3) Each officer is required to meet and maintain minimum standards of proficiency and fitness for the office. At the time of appointment, each sworn peace officer shall be certified by the Ohio peace officers training council and shall annually demonstrate proficiency with firearms, physical fitness, and mental stability.

(4) Departmental operating procedures and regulations for the conduct of officers shall be published, and amended as necessary, by the chief of the university police department.

Effective: 8/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 2/2/84, 1/31/00, 6/16/03, 8/21/10

3356-4-09 Acceptable use of university technology resources.

(A) Policy statement. University technology resources are provided to the university community to support its academic and administrative functions in accordance with its teaching, research, and service missions. These resources are intended to be used for the educational and business purposes of the university in compliance with this policy.

(B) General statement.

(1) Technology resources (computing, networking, data and network services) are provided to the university community in order to fulfill the mission of the university.

(2) While the university recognizes the importance of academic freedom and freedom of expression, as a public employer, the university also has a responsibility to comply with all federal and state laws and regulations, as well as the obligation to fulfill its mission.

(3) Use of university-owned technology to access resources other than those supporting the academic, administrative, educational, research and services missions of the university or for more than limited, responsible personal use conforming to this policy is prohibited.

(4) Technology resources provided by the university are the property of the university. University-owned technology is not intended to supersede the need for technology purchases for personal purposes.

(5) As the university is a public entity, information in an electronic form may also be subject to disclosure under the Ohio public records act to the same extent as if they existed on paper. All use is subject to the identification of each individual using technology resources (authentication).

(6) Use of technology is subject to the requirements of legal and ethical behavior and is intended to promote a productive educational and work environment.

(C) Policy. All users of the university-owned technology resources (computing, networking and data), regardless of affiliation with the university, must:

(1) Use only those technology resources that they are authorized to use and use them only in the manner and to the extent authorized.

(2) Protect the confidentiality, integrity and availability of technology resources.

(3) Comply with all federal, Ohio, and other applicable law as well as applicable regulations, contracts, and licenses.

(4) Comply with all applicable policies at Youngstown state university ("YSU").

(5) Respect the right of other technology users to be free from harassment or intimidation.

(6) Respect copyrights, intellectual property rights, and ownership of files and passwords.

(7) Respect the privacy of other users and their accounts, regardless of whether those accounts are securely protected.

(8) Respect the finite capacity of technology resources and limit use so as not to consume an unreasonable amount of or abuse those resources or to interfere unreasonably with the activity of other users or to disrupt the authorized activities of the university.

(9) Limit personal use of university technology resources so that such use does not interfere with one's responsibilities to the university.

(10) Not attempt to circumvent information technology security systems or the university "Information Security Practice."

(11) Not use any radio spectrum space on any YSU-owned or YSU-occupied property, unless it is part of an approved wireless services deployment by the university.

(12) Not use technology resources for personal commercial purposes or for personal financial or other gain unless specifically approved by the university.

(13) Not state or imply that they speak on behalf of the university without authorization to do so and not use university trademarks and logos without authorization to do so.

(D) Scope. This policy applies to all users and uses of university-owned technology resources (including those acquired through grant processes) as well as to any non-YSU and/or remote technology devices while connected to the YSU network.

(E) User responsibilities.

(1) By accepting employment being admitted as a student or asking for any guest technology resource privileges, users implicitly agree to adhere to this policy and agree to the university "Information Security Practice."

(2) Users are responsible for any activity performed using their usernames and passwords except when account security is compromised by actions beyond the user's control.

(3) Users are responsible for any activity performed on university-owned technology devices assigned to them except when the device is compromised by actions beyond the user's control.

(4) There is no expectation of personal privacy when using university resources. (See paragraph F of this rule .)

(5) Potential violations regarding use of technology resources should be reported to the appropriate supervisor(s) or manager(s).

(6) Users are responsible for ensuring that critical data are backed up and available to be restored for systems not administered by information systems technology. This includes critical information contained on technology devices oriented to individual use (e.g., desktops, laptops, smart phones, and similar such devices).

(7) Users are responsible for maintaining data in compliance with the university records retention plan.

(8) Users are responsible for ensuring that sensitive information to which they have access is guarded against theft. (See rule 3356-4-13 of the Administrative Code for more information.)

(9) Personal use of computing resources not otherwise addressed in this policy or these procedures will generally be permitted if such use does not consume a significant amount of resources, does not interfere with the performance of an individual's job or other university responsibilities, and is otherwise in compliance with university policies.

(F) No expectation of privacy.

(1) The university does not routinely monitor specific individual end-user usage of its technology resources. However, the university does routinely monitor technology resource usage in the normal operation and maintenance of the university's computing, network and data resources. This monitoring includes the caching and backing up of data and communications, the logging of activity, the monitoring of general usage patterns, the scanning of systems and networks for anomalies and vulnerabilities, the filtering of malicious traffic, and other activities that are necessary for the rapid and efficient delivery of services. Technology users should be aware that there is no expectation of privacy associated with the use of university technology resources.

(2) When authorized by the office of the general counsel, the university may also specifically monitor the activity and accounts of individual end-users of university technology resources, including login sessions, file systems, and communications.

(3) When authorized by the appropriate university executive (president or vice president), the university may access end-user accounts, files, or communications used for university business when needed by a supervisor or assigned personnel for university business and the end-user is unavailable.

(4) The university, in its discretion, may disclose the results of any such general or individual monitoring, including the contents and records of individual communications, to appropriate university personnel, student conduct, or law enforcement agencies and may use those results in appropriate university disciplinary proceedings.

(5) Personal computing devices:

(a) Personal computing devices (laptops, desktops, tablets, cellular phones) are restricted to the campus wireless network or the residence hall network.

(b) No personal computing devices will be allowed to connect to the wired campus network (excluding the residence hall network).

(c) Personal computing devices must comply with university "Information Security Practice" when using the campus wireless network or other provided university technology resource.

(d) Personal computing devices used to conduct university business are subject to public records requests.

(e) Personal hubs, routers, switches, or wireless access points are prohibited from being connected to either the university's wired or wireless network.

(G) Security. The university employs various measures (i.e., the university's "Information Security Practice") to protect the security of information technology resources and user accounts; however, users should be aware that the university cannot provide good security without user participation. Users should increase their technology security awareness and fully employ access restrictions for their accounts, including using strong passwords, guarding passwords diligently and changing passwords regularly to help safeguard their use of technology.

(H) Additional policy ramifications. Users must abide by all applicable restrictions, whether or not they are built into the computing system, network or information resource and whether or not they can be circumvented by technical or other means. Individuals who engage in electronic communications with persons in other states or countries or on other systems or networks may also be subject to the laws of those states and countries and the rules and policies of those technology systems and information resources.

(I) Examples of unacceptable use:

(1) As a further aid to policy compliance, the following non-exhaustive list is provided of activities that are prohibited.

(a) Using technology resources to engage in fraud, defamatory, abusive, unethical, indecent, obscene, pornographic and/or unlawful activities is prohibited.

(b) Using technology resources to procure, solicit, or transmit material that is in violation of sexual, racial or other harassment or hostile workplace laws is prohibited.

(c) Any form of harassment by electronic means (e.g., email, web access, phone, paging), whether through language, content, frequency or size of messages is prohibited.

(d) Making fraudulent offers of products, items or services using any university technology resource is prohibited.

(e) Using technology resources for unauthorized or inappropriate financial gain, unauthorized solicitation, or activities associated with a for-profit business, or engaging in an activity that involves a conflict of interest. (Refer to rules 3356-7-01 and 3356-7-19 of the Administrative Code.)

(f) Creating or forwarding chain letters, Ponzi, or other pyramid schemes is prohibited.

(g) Broadcasting of unsolicited mail or messages is prohibited. Examples include chain letters, virus hoaxes, spam mail, and other email schemes that may cause excessive network traffic. Sending large numbers of electronic mail messages for official university purposes necessitates following the university's procedures for the electronic distribution of information.

(h) Sending junk mail or advertising material to individuals who did not specifically request such material (email spam) is prohibited.

(i) Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including but not limited to, the installation or distribution of pirated or other software products that are not appropriately licensed is prohibited.

(j) Unauthorized copying and downloading of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music and films and the installation of any copyrighted software for which an active license has not been procured is prohibited.

(k) Circumventing user authentication or security of any host, network or account is prohibited. This includes, but is not limited to, monitoring by use of keylogging or session logging.

(l) Revealing your account password to others or allowing use of your account by others is prohibited. This prohibition extends to family, other household members, friends and/or co-workers.

(m) Attempting to log onto another user's account (secured or otherwise) is prohibited.

(n) Sending electronic communications in such a way that masks the source or makes it appear to come from another source is prohibited.

(o) Personal use beyond limited responsible use is prohibited.

(2) Individual university staff may be exempted from these restrictions on a case-by-case basis (with written authorization according to the university "Information Security Practice") in the course of performing legitimate job responsibilities.

(3) Special procedures exist and must be followed to ensure that accounts for employees are secured with passwords known to only the account holder but may be changed at the request of the area supervisor and approved by the supervisor's vice president or the president.

(4) Under no circumstances is an employee of Youngstown state university authorized to engage in any activity that is unethical or illegal under local, state or federal law while utilizing university-owned resources.

(J) Enforcement.

(1) The office of the chief technology officer may suspend and/or restrict either an individual's or a device's access to the university network resource if:

(a) It is deemed necessary to maintain the security or functionality of the network resource.

(b) It is deemed necessary to protect the university from potential liability.

(c) The account, system, or device is believed to have been either compromised or is in violation of this policy.

(2) The office of the chief technology officer must immediately report the enforcement action and the justification for the action to the vice president of student affairs, vice president for finance and administration, or provost (or their designee), as applicable. The university may permanently suspend all technology access of anyone using the university network resource until due process has been completed by student conduct, employee administrative discipline and/or law enforcement agencies.

Replaces: 3356:1-14-11

Effective: 9/1/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 5/28/11, 6/17/13

3356-4-09.1 Social media use on official and affiliated university sites.

(A) Policy statement. The university recognizes the importance of social media as an evolving technology to communicate relevant information and enhance the university's reputation and profile.

(B) Purpose. To provide guidance for current and future use of official and affiliated university social media sites.

(C) Scope. This policy applies to individuals including university faculty, staff, volunteers and students, including student employees, who create or contribute to official or affiliated university social media sites.

(D) Definitions.

(1) "Social media." Internet-based applications, websites, platforms, blogs, wikis, networks, and mobile-based technologies that enable users to create and share information.

(2) "Official university social media site." Any social media sponsored, controlled, or managed by a university college, school, department, program, office, or unit.

(3) "Affiliated social media site." Any social media created as part of an individual's work or university responsibilities or by a university-sponsored organization as part of its activities.

(4) "Post." Publication of content in any form on social media.

(E) Parameters.

(1) The university's office of marketing and communications shall establish, and when appropriate, revise guidelines and/or best practices for university-sponsored and affiliated social media sites. (Please refer to: http://web.ysu.edu/contentm/easy_pages/easy_page_view.php?sid =25&page_id=1033).

(2) University sponsored and affiliated social media sites and postings are subject to all applicable state and federal regulations such as the Family Educational Rights and Privacy Act ("FERPA") and copyright rights, university policies, guidelines, and best practices established by the office of marketing and communications, and "The Code of Student Rights, Responsibilities, and Conduct."

(3) Individual departments, colleges, programs, or administrative offices may establish additional guidelines specific to their areas of study or responsibilities. However, these guidelines must be reviewed and approved by the university's information technology department and office of marketing communications prior to implementation.

Effective: 3/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-4-10 University health and safety.

(A) Policy statement. The university will develop and maintain programs to prevent health and safety hazards on the campus. Such programs shall be in compliance with, but not limited to, all local, state, and federal statutes pertaining to health, safety, and the environment.

(B) Parameters.

(1) The office of environmental and occupational health and safety ("EOHS") has the responsibility of establishing appropriate environmental, health, and safety programs and activities.

(2) EOHS, in consultation with the office of the general counsel, is also responsible for keeping the university in compliance with local, state, and federal laws affecting the campus environment and the health and safety of all students, faculty, staff, and campus visitors.

(C) Procedures.

(1) EOHS will distribute information on all health and safety programs. Other departments may assist in the distribution of this information.

(2) EOHS will periodically conduct seminars and workshops relating to health, safety, and environmental matters.

(3) University employees and students are expected to follow all applicable health, safety, and environmental programs so that the university can prevent health and safety hazards on the campus.

Replaces: 3356:1-14-12

Effective: 12/20/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 1/31/00, 6/16/03

3356-4-11 Closed circuit television system use.

(A) Policy statement. To standardize the installation and regulate the use of closed circuit television ("CCTV") and any other related surveillance systems at Youngstown state university in order to deter crime, enhance campus security, and assist the Youngstown state university police department ("YSU-PD") in its response to safety and security issues on university property.

(B) Definitions.

(1) "Equipment." Any item, system, technology device, or process, including software, used alone or in conjunction with a network for the purpose of gathering, monitoring, recording or storing an image, images, and/or audio. Images and/or audio may be viewed in real-time and/or captured and preserved for possible review at a later date.

(2) "Monitoring." The process of observing or reviewing recordings that are captured by cctv equipment either in real-time or that have been prerecorded and are reviewed at a later date and time.

(3) "Recording." The process of capturing images and/or audio using CCTV systems and saving those images to a storage medium.

(4) "University property." All land, structures, or other real property owned, operated, leased or controlled by Youngstown state university. This includes both internal and external areas, including but not limited to common spaces, grounds, and parking lots.

(5) "Internet protocol ("IP')." The communication protocol used in the collection and transmission of recordings on the CCTV network. All surveillance devices shall utilize open internet protocols and standards.

(6) "Public areas." Any portion of university property that is operated and controlled by Youngstown state university, including buildings and facilities, in which a person does not have a reasonable expectation of privacy.

(7) "Private areas." Any portion of university property where a person would have a reasonable expectation of privacy, e.g., restrooms, residence rooms, personal offices, or locker rooms, or any other area designated as a clothing changing area. Personal offices do not include reception, informational or waiting areas.

(8) Restricted access areas. University property that is not accessible to the general public. Restricted access areas may be accessible to university employees, but do not include private areas.

(C) Parameters.

(1) The YSU-PD is responsible for implementation of this policy, including the approval, placement, and monitoring of all CCTV surveillance systems ("CCTV system[s]") on university property.

(2) This policy does not apply to the use of video or visual surveillance, monitoring or recording, covert or otherwise, by the YSU-PD for criminal investigations or as authorized by a court of law.

(3) This policy does not apply to the legitimate academic use of cameras or video recordings for educational or journalism purposes, the general use of webcams by the university, or to the use of video recording for public performances, events, or interviews, or for university academic or research purposes

(4) This policy does not imply or guarantee that the CCTV system will be monitored in real time.

(5) The CCTV system will be utilized in a professional, ethical and legal manner.

(D) Procedures.

(1) Any and all requests for use of CCTV systems and/or equipment will be made in writing to the chief of the YSU-PD. The request will include the name of the college or department making the request, the purpose or reason for the request, and the desired installation area. YSU-PD will review each proposal and recommended specific equipment and installations or repositioning as dictated by institutional needs and current technological standards. The review will consider security issues, institutional needs, technological standards, installation, wiring, networking, licensing, and cost. The chief of the YSU-PD will make the final decision on new equipment installations and changes to equipment placement.

(2) Cameras will only be permitted to be placed in public or restricted access areas and on university property. Cameras will not be placed in private areas or in a public area in order to view into private areas.

(3) Any equipment currently in place as of the date of this policy will come under the control and authority of YSU-PD. YSU-PD will determine if the equipment currently in place meets with the institutional needs of the university and current technological standards for a CCTV recording system. YSU-PD will determine if any new equipment is permitted or if any current equipment is to be replaced or removed. No equipment is permitted unless recorded and controlled by YSU-PD or a specific exception is given by the YSU-PD. If an exception is given, the college or department is still required to comply with all other terms of this policy.

(4) All equipment, where able, will utilize IP technology to transmit recordings, unless an exception is granted by YSU-PD. All legacy equipment currently in use at Youngstown state university will be converted to university standard technology within twelve months from the date of this rule, unless an extension is granted by YSU-PD.

(5) When an incident is reported or circumstances raise safety or security issues, the YSU-PD may authorize others to observe or review recordings or images.

(6) In those areas that require on-site viewing or monitoring of CCTV equipment such as student residence halls, the director of the applicable office or department will designate an appropriate individual to serve as the contact with YSU-PD regarding the equipment and will, at the beginning of the spring and fall semesters, provide a list to the YSU-PD of persons authorized to view or monitor the CCTV equipment. Viewing of these images shall be done only in restricted areas unless an exception is granted by the YSU-PD.

(7) Each department or college with CCTV equipment will designate an appropriate individual within the department or college to serve as a contact with the YSU-PD regarding the equipment.

(8) Each department or college will be responsible for the cost of the equipment within the department or college.

(9) The chief of the YSU-PD shall be notified of any future university construction or any upgrading of existing university facilities prior to approval of the final designs of said facility if said facility is to include CCTV equipment. The chief of police or a designee appointed by the chief of police shall provide input into the placement of CCTV equipment during the design phase. The chief of the YSU-PD will make the final decision on new equipment installations.

(10) The chief of police shall be responsible for contracting any services for the responsibility of repair and service of all equipment.

(11) Any complaints involving violations of this policy shall be made to the university's office of general counsel and/or the chief of police.

(E) Retention and release of information.

(1) Retention of all recorded information is the responsibility of the YSU-PD except in the case of exceptions granted by the chief of police.

(2) It is the goal of the YSU-PD to retain recordings in a secure location and for thirty days; however, there are numerous factors that can limit retention, including but not limited to equipment capabilities. Specific image and/or audio files may be required to be kept for a longer period at the direction of the office of general counsel and/or YSU-PD.

(3) Recordings with information about a specific student are considered law enforcement records unless the university uses the recording for discipline purposes or makes the recording part of a student's education record.

(4) Requests to view or to receive recording files from persons not authorized to access the system will be reviewed by the office of general counsel and the YSU-PD. The files will be distributed in an appropriately secured method. A log shall be maintained by the YSU-PD indicating the date and time range of the files, camera views, and the identification of the person receiving the files.

(5) The recordings are considered security records under section 149.433 of the Revised Code because they are used to protect and maintain the security of the university. A record kept by a public office that is a security record is not a public record under section 149.433 of the Revised Code and is not subject to mandatory release or disclosure under that section. Any record requests, including subpoenas, will be directed to the office of general counsel for a response.

(6) Any documentation, written or electronic, which identifies the location of all cameras installed on campus are considered security records under section 149.433 of the Revised Code, because they are used to protect and maintain the security of the university. A record kept by a public office that is a security record is not a public record under section 149.433 of the Revised Code and is not subject to mandatory release or disclosure under that section. Any record requests, including subpoenas, will be directed to the office of general counsel for a response.

Effective: 3/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-4-12 Cellular equipment usage.

(A) Policy statement. Youngstown state university ("YSU") provides cellular capable equipment to employees who, by the nature of their work, are approved to use cellular phones and other devices to conduct university business. Technical support will only be provided for designated university-issued cellular equipment.

(B) Purpose. This policy establishes guidelines to satisfy the need for university-owned cellular capable equipment. The provisions of this policy apply to all employees of YSU, including those who acquire cellular equipment and services through grants or contracts. This policy also allows the university to meet internal revenue services ("IRS") regulations and its fiduciary responsibility to the taxpayers of the state of Ohio.

(C) Procedures.

(1) The university shall leverage strategic sourcing opportunities by maintaining a single carrier cellular solution in the delivery of its university-issued cellular equipment and services. University-issued cellular equipment shall be limited to standard offerings: a standard voice phone, a standard smartphone, and a standard cellular mobile data accessory (i.e., USB modem). The current standard offering in each category shall be based on the availability of current commercial models and all standard offerings will be provided technical support through YSU tech desk.

(2) Cellular equipment not conforming to the standard offerings, university-owned or otherwise, does not qualify for technical support for device operation or connectivity to university systems.

(3) Requests for a cellular-capable device may be made any time during the fiscal year And must be procured centrally through the university's office of information technology services ("ITS"). Cellular capable devices acquired with university funds may not be purchased with a departmental purchasing card or through any other means.

(a) Requests for nonstandard devices, as determined by ITS, should be accompanied by written justification and the signature approval of the requestor's supervisor and appropriate executive level officer, as defined by rule 3356-7-35 of the Administrative Code. Any additional costs associated with nonstandard devices will be borne by the requesting department.

(b) Additional accessories for university-issued equipment should be procured locally through the originating department.

(c) University-issued cellular equipment and services may be used for incidental personal cellular purposes as defined by IRS tax law and in accordance with rule 3356-4-09 of the Administrative Code. Employees must reimburse the university for any liability incurred through the personal use of the issued cellular equipment. Amounts, if any, to be reported on an employee's W-2 form for non-incidental personal use will comply with IRS guidelines.

(d) University-issued cellular equipment and services shall be billed to the assigned department through a monthly chargeback process. The financial manager of the assigned budget must approve the initial requests for university-issued cellular equipment and/or services and for changes in equipment and/or services.

(e) Use of the cellular devices in any manner contrary to local, state, or federal laws will constitute misuse and may result in the loss of use of university cellular equipment and/or other actions according to rule 3356-4-09 of the Administrative Code.

(f) Use of the university-issued cellular equipment must comply with rule 3356-4-13 of the Administrative Code with regard to the transmission and storage of sensitive information on the cellular equipment.

(g) Note that university-issued cellular devices are owned by the university. Business-related activity on a cellular-capable device is subject to public records and other applicable laws, regulations, policies, and procedures. Employees should refrain from the use of university-provided cellular equipment while driving.

Effective: 4/23/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 2/12/05, 2/6/12

3356-4-13 Sensitive information/information security.

(A) Policy statement. Youngstown state university ("YSU" or "university") creates and maintains sensitive information as part of normal operations. Appropriate safeguards and procedures protect the integrity, availability, and confidentiality of sensitive information. All university employees and individuals who have access to sensitive information have a responsibility to properly handle and secure such information.

(B) Purpose. To establish guidelines for the identification and safeguarding of sensitive information (i.e., information that should not be disclosed within or beyond Youngstown state university without proper authorization and safeguards).

(C) Scope. This policy applies to university employees, customers, volunteers, vendors, contractors, board members, university affiliates, and any others who use or are allowed access to university sensitive information.

(D) Definitions and information classifications (for the purposes of this policy).

(1) "Sensitive information." Information that the university has a legal, regulatory and/or business interest obligation to protect. Sensitive information transcends the medium on which it is stored or communicated and is sensitive regardless of whether it is in verbal, paper, electronic, or any other format.

(2) "Personal information." Highly sensitive information that the university is required to protect often due to governing laws, including Family Educational Rights and Privacy Act ("FERPA"), Gramm-Leach-Bliley Act ("GLBA"), Health Insurance Portability and Accountability Act ("HIPAA"), and payment card industry data security standard ("PCI DSS"). Compromise of personal information has specific negative consequences and requires that the university take specific actions. This category encompasses information not freely available that can be associated with a particular individual, including:

(a) Social security number.

(b) Credit card numbers.

(c) Driver's license number.

(d) Date and place of birth.

(3) "Confidential information." Sensitive information having different degrees of sensitivity but still requiring that confidentiality must be maintained. Included is information that must be very closely safeguarded, such as:

(a) Trade secrets.

(b) Employee benefit information.

(c) Student information (non-directory).

(d) Account passwords/personal identification numbers ("PINS").

(e) Digitized signatures.

(f) Encryption keys.

(g) Medical records.

(4) "YSU public information." Information that has been specifically declared and approved as public by YSU. It includes information such as student directory information to the extent permitted under FERPA or records approved as public by the general counsel's office in response to a public records request.

(E) Requirements.

(1) Sensitive information must be physically secure when not attended.

(2) Sensitive information stored or transmitted electronically must be encrypted.

(3) Sensitive information cannot be shared with unknown individuals claiming YSU association, who self-identify or reference known YSU individuals to establish their identity unless those references are checked.

(4) Communication of sensitive information by an employee requires proper procedural safeguards and the written preapproval of the department supervisor/chair and division officer/dean.

(5) Physical removal of sensitive information from YSU or its facilities requires proper procedural safeguards and the written preapproval of the department supervisor/chair and division officer/dean.

(6) Storage of YSU-related sensitive information on personally owned electronic devices by an employee requires proper procedural safeguards and the written preapproval of the department supervisor/chair and division officer/dean.

(7) All YSU employees are required to attend sensitive information and information security training.

(8) Information technology services is responsible for establishing and maintaining university information security standards, manuals, and trainings.

(F) Procedures.

(1) Take stock. Assess information in all formats to identify sensitive information. This is a responsibility of all employees having YSU-related information access.

(2) Scale down. Keep only the information that is needed to perform your job responsibilities and as identified by the YSU records retention procedure. The need to store and/or communicate sensitive information requires written approval using the "Highly Sensitive Information Storage Request" form.

(3) Lock it. Protect sensitive information in your care through actions including the following:

(a) Physically secure the information (e.g., lock physical spaces such as offices, cabinets, desks). Secure computers and other data storage devices with locks.

(b) Encrypt the information when it is stored electronically.

(c) Use only secured methods for transmitting sensitive information. (Note: email, internet, web and wireless transmissions are not secure for sensitive information by default, but steps can and must be taken to secure these methods of delivery.)

(d) Verify requester's identity and validity of requests for sensitive information communications.

(4) Pitch it. Properly dispose of information not needed to perform job duties. Proper disposal techniques include shredding or electronically wiping files. Note that deleting files electronically and/or reformatting drives are not proper disposal techniques.

(5) Plan ahead. Take positive measures to ensure proper response to potential sensitive information incidents. For example, know and document who has been granted access to what sensitive information. Have appropriate software installed on computers, cell phones, and other devices. Identify appropriate notification paths to pursue if sensitive information is compromised (including the office of the general counsel if personal information is compromised). Use change in responsibilities and resources as an opportunity to begin again at paragraph (G)(1) of this rule as part of continuous quality improvement planning.

Replaces: 3356-4-13

Effective: 8/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 3/22/15

3356-4-14 Identity theft red flags policy.

(A) Policy statement. The university will establish an identity theft prevention program designed to detect, prevent and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the program in compliance with part 681 of Title 16 of the Code of Federal Regulations, implementing sections 114 and 315 of the Fair and Accurate Credit Transactions Act ("FACTA") of 2003.

(B) Purpose. The purpose of this policy is to enable appropriate university officials to develop and implement policies and procedures to address the risks of identity theft to its students, faculty, staff vendors and other customers.

(C) Definitions. All terms used in this policy that are defined in 16 C.F.R. section 681.2 shall have the same meaning provided therein.

(D) Parameters.

(1) The requirements of this policy apply to all university departments and organizations, which: regularly arrange for the extension, renewal or continuation of credit: defer payment for services rendered and/or regularly extend, renew or continue credit: or use consumer reports to conduct credit or background checks on prospective employees.

(2) This policy incorporates by reference university policies and procedures to the extent necessary to accomplish the purpose of this policy and to comply with 16 C.F.R. section 681.2, including but not limited to the following rules of the Administrative code:

(a) Rule 3356-4-09-"Acceptable use of university technology resources":

(b) Rule 3356-3-08-"Cash collection sites":

(c) Rule 3356-9-06-"Professional conduct of faculty, department chairpersons, and professional/administrative employees":

(d) Rule 3356-4-13-"Sensitive information";

(e) Rule 3356-3-04-"Contract compliance/administration."

(3) At a minimum, the university's identity theft prevention program will include:

(a) Guidelines for identifying patterns, practices or specific activities that indicate the possible existence of an identity theft;

(b) Identification of reasonable and appropriate action steps that will be taken when a pattern, practice or specific activity has been detected;

(c) Processes for requiring that accounts accessed or managed by external vendors on behalf of the university have implemented an appropriate program;

(d) Training to educate employees on the program;

(e) Periodic review and updates to the program;

(f) Annual program reporting to appropriate university leadership.

(4) In administering the program, the vice president for finance and administration (chief financial officer) shall:

(a) Assign specific responsibility for the program's implementation;

(b) Review reports prepared pursuant to section 8 below;

(c) Approve all material changes to the program as necessary to address changing identity theft risks.

(5) The program shall include procedures to ensure that the activities of service providers are conducted in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft whenever the organization engages a service provider to perform an activity in connection with one or more covered accounts.

(6) The program shall include relevant red flags from the following categories as appropriate:

(a) Alerts, notifications, or other warnings received from consumer reporting agencies or service providers, such as fraud detection services;

(b) The presentation of suspicious documents;

(c) The presentation of suspicious personal identifying information;

(d) The unusual use of, or other suspicious activity related to, a covered account;

(e) Notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts.

(7) The program shall provide for appropriate responses to detected red flags to prevent and mitigate identity theft. The response shall be commensurate with the degree of risk posed. Appropriate responses may include:

(a) Monitor a covered account for evidence of identity theft;

(b) Contact the customer;

(c) Change any passwords, security codes or other security devices that permit access to a covered account;

(d) Reopen a covered account with a new account number;

(e) Not open a new covered account;

(f) Close an existing covered account;

(g) Notify law enforcement;

(h) Determine no response is warranted under the particular circumstances.

(8) Program reports. Each annual report shall address material matters related to the program and shall evaluate:

(a) The effectiveness of the program in accomplishing its purpose;

(b) Any service provider arrangements;

(c) Any significant incidents involving identity theft that may have occurred and the university's response to those incidents;

(d) All recommendations for material changes to the program.

Replaces: 3356:1-14-16

Effective: 5/28/2011
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-4-15 University construction/renovation projects.

(A) Policy statement. This policy is intended to ensure that construction/ renovation projects across campus are reviewed for purpose, code review, material, and constructability and receive approval from the department of university facilities prior to project commencement.

(B) Definition. A "construction/renovation" project can be defined as but not limited to the following:

(1) Painting of walls, doors, and ceilings.

(2) Removal/installation of carpet, tile, wood or other floor finishes.

(3) Removal/installation of walls/framing.

(4) Removal/installation of lighting/electrical.

(5) Removal/installation of plumbing.

(6) Removal/installation of windows or window treatments.

(7) Removal/installation of doors or door hardware.

(8) Removal/installation of HVAC equipment.

(9) Removal/installation of concrete structures (steps, walls, walks).

(C) Parameters.

(1) Before any work can begin, a construction/renovation project from any department in any building, for any reason, will be brought to the attention of and evaluated by university facilities. Under no circumstances shall a department hire a consultant or contractor to perform any construction/renovation project without first going through university facilities for evaluation and approval.

(2) The evaluation will be a constructability review determining the feasibility of the project, code review, probable costs and the impact on the building. After evaluation, a determination will be made as to who can safely, and per university standards, manage construction. A determination will be made as to who can physically perform the work (Youngstown state university crafts, outside contractors, or the requesting department's staff) and when the work can be scheduled.

(3) All contracts for construction/renovation will originate from university facilities along with associated purchase orders. Purchase orders will originate from the requesting department upon approval by university facilities.

(4) The requesting department must obtain a signature from university facilities (located on the professional services agreement) authorizing any construction/renovation project. No work will be started without a signed contract and purchase order.

Replaces: 3356:1-14-05

Effective: 2/4/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 10/15/98, 6/16/03, 12/20/10, 3/11/12

3356-4-16 Key control.

(A) Policy statement. Youngstown state university ("university") enacts and enforces key control procedures that provide appropriate members of the university's faculty, staff, and students with necessary access to its facilities and at the same time keep all members of the university community, the university's guests, and the university's physical resources secure. This policy addresses responsibilities of key holders and their supervisors.

(B) Scope. This policy applies to all employees (including part-time and student employees), students, vendors and contractors provided a key to access university-controlled areas. This policy does not apply to the issuance of keys within residential housing or dining services.

(C) Definitions.

(1) "Lock." A mechanical or electronic system or device that restricts access to a physical space or to a service.

(2) "Key." A method of access to a secured or restricted area. It may be a physical item that works in a mechanical or electronic combination with a lock or it may be a code or biometric input to a recognition system that provides the holder access to a secured or restricted area.

(3) "Key holder." The individual to whom a key is issued.

(D) Parameters. While technology may stretch the definitions of a lock and a key, the policy and its regulations nevertheless apply to the technical equivalents of physical keys and locks.

(1) All keys are the property of the university.

(2) Keys are issued to a key holder for the necessary execution their job duties and must be returned to the employee's supervisor upon separation of employment or transfer to another department. One month prior to separation or transfer, the employee's supervisor shall provide a list of the employee's key numbers to facilities, maintenance and support services (key control/locksmith office) for verification. Collected keys shall be returned to the key control/locksmith office.

(3) It is the responsibility of the key holder to safeguard the key at all times. If the key holder cannot account for keys issued, key privileges may be suspended and the key holder may be personally responsible for any necessary key and/or lock replacement costs.

(4) Misuse of a key may result in disciplinary action and/or loss of access privilege.

(5) Lost or stolen keys should immediately be reported to:

(a) University police,

(b) The department of facilities, maintenance and support services; and

(c) The key holder's supervisor.

If lost keys are not recovered and it is determined that the area's security is severely compromised, charges for lock and/or key replacement will be assessed to the key holder's department and/or the key holder. Lost keys that are later recovered must be returned to key control.

(6) If keys are found or otherwise to be turned in, call key control/locksmith office or the university police for pickup. Keys are not to be sent through campus mail.

(7) Individuals may not knowingly make or cause to be made any key for any university building, laboratory, facility, or room under penalty of state law (see section 3345.13 and section 3345.99 of the Revised Code).

(8) Access codes are specifically issued to an individual and may not be shared.

(9) Rights of access to facilities may be delineated in appropriate collective bargaining agreements.

(E) Key hierarchy. Each individual's and/or employee's roles and responsibilities govern the need for and distribution of types of keys. In general, the greater the level of access that a key type provides, the more restrictive its distribution and the more it defines urgency of use. The following is used as a guide to assign types of levels of keys to functions and roles:

(1) A great grand master key operates multiple locks for multiple buildings. It is typically assigned to the leadership of first-responder units on campus, such as executive director of facilities and support services; director of facilities maintenance; chief of the university police department and designated officers; and director of environmental and occupational health and safety.

(2) A building master key operates all locks within a building unless specific lock exclusion from the master is warranted. It is typically assigned to vice presidents, executive directors and/or deans, or the designees of these executives, in their respective buildings, authorized facilities maintenance personnel, janitorial supervisors, and the university events manager.

(3) A departmental master key operates one group of locks within a building. It is typically assigned to department heads and/or chairpersons.

(4) A departmental sub-master key operates locks to common departmental space but excludes access to private offices and is usually assigned to faculty and staff in a department.

(5) A change key operates one specific lock. It is typically assigned to faculty and staff designated by department heads and/or chairpersons and organizations with contractual agreements.

(6) A special purpose master key operates a group of locks in specific areas, such as all mechanical rooms or exterior doors. It is typically assigned to authorized personnel in facilities maintenance and safety services.

(F) Responsibilities.

(1) Implementation and enforcement of this policy is assigned to the department of facilities, maintenance and support services.

(2) Administrators and managers are responsible for compliance with this policy within their areas of organizational responsibility.

(3) Individuals to whom a key has been assigned are responsible for ensuring that the use of that key is limited to the necessary conduct of university business and is not shared with other employees, friends, or relatives.

(4) Key holders unlocking a space are responsible for ensuring that the space is appropriately locked when they vacate the space during a time when the space should be locked. Failure to do so may find the individual personally responsible for any damage to, or loss of, university property due to the space left unsecured.

(G) Keys for vendors or contractors.

(1) Contractors or vendors must abide by all aspects of this policy.

(2) Contractors or vendors may check out keys for a day from facilities or the university police. Such key(s) must be returned by the specified time on the same day.

(3) Contractors or vendors may apply to facilities for keys to specified spaces for a designated extended period of time. If access is requested for nonbusiness hours, vendors or contractors must notify the university police before entering and upon leaving key-controlled spaces.

(4) Contractors or vendors are not permitted to access occupied student resident spaces without accompaniment of a university employee.

Effective: 11/4/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 2/4/2013

3356-4-17 Display of posters and other printed materials.

(A) Policy statement. The board of trustees is committed to the sustainability, functionality, and aesthetics of the university physical plant. Therefore, posters and other printed materials must be displayed in appropriate locations and must be affixed in an appropriate manner.

(B) Procedures.

(1) Students, employees, and visitors may display printed materials on designated public bulletin boards.

(2) Materials must be displayed in appropriate places:

(a) On bulletin boards, message boards, or other locations specifically identified for the display of printed materials.

(b) Doors, windows, stairwells, elevators, or other locations where it interferes with safety shall not have materials posted.

(3) Printed materials must be affixed in an appropriate manner:

(a) On surfaces specifically designed to display printed materials.

(b) With methods of fixture that are appropriate to the surface being utilized.

(c) In no case can printed materials be affixed to walls, windows, doors, elevators or other building surfaces when such surfaces have not been designated and properly prepared to affix printed materials.

(4) Printed materials not meeting the above standards will be immediately removed.

(5) Materials displayed for special occasions, for example, red and white day, must not damage surfaces and must be carefully removed in a timely manner.

(6) Damage caused by improper posting and/or the cost of removal will be charged to the department or organization responsible for displaying the printed material.

(7) All materials on public bulletin boards or other specific locations will be removed on a scheduled basis.

Replaces: 3356: 1-14-17

Effective: 6/17/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/17/13

3356-4-18 Use of university vehicles.

(A) Policy statement. Motor vehicles owned or leased by Youngstown state university are to be operated solely for university business and only by authorized university faculty, staff, and students. Any personal use must be authorized in advance and associated with the use of that vehicle for university business. All university drivers must comply with university vehicle use requirements and procedures.

(B) Definition.

(1) "University vehicle." A vehicle that is either owned or leased as part of the University's motor pool and is certified and licensed to be driven on public roadways. Exclusion: This policy does not cover vehicles leased by the university specifically for a university employee and solely for that employee's combined business/ personal use.

(C) Business use of vehicles.

(1) University vehicles are to be used only for authorized university business. It is the responsibility of the department head to enforce proper use of university vehicles assigned to the using department and to ensure that all appropriate forms are completed.

(2) University vehicles are to be operated only by authorized individuals.

(3) Only authorized passengers may ride in university vehicles. These may be faculty, staff, students, or guests of the university.

(4) Personal use of a university vehicle that occurs within the broader use of that vehicle for university business, such as a detour from an expected business route to do personal business, is not permitted. Meals and refreshments for breaks during the workday as a part of the use of a university vehicle are permitted.

(5) Use of a university vehicle solely for personal use or for more than incidental personal use as part of business use is prohibited.

(D) Driver responsibilities.

(1) Drivers shall not operate a vehicle that the driver suspects is not operating properly. The driver shall park the vehicle and make appropriate arrangements so that the vehicle can be serviced, otherwise operated safely or towed.

(2) Drivers must only transport the number of persons for which there are seatbelts in the vehicle. All persons must wear their seatbelts.

(3) Drivers of any university operated vehicle must comply with all state and local traffic laws. Drivers are responsible for payment of any fines resulting from violation of motor vehicle regulations while operating university vehicles.

(4) Drivers are responsible for taking appropriate measures to secure and safeguard the vehicle until it is returned to the designated location at the university.

(F) Violations of the vehicle policy. Employees who violate this policy or administrators who authorize inappropriate or unnecessary use may be liable for the repayment of costs incurred and/or damages that might occur and may be subject to appropriate discipline.

Effective: 3/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-4-19 Use of university equipment.

(A) Policy statement. Use of university equipment and supplies is limited to the pursuit of the university's mission.

(B) Parameters.

(1) The university regularly purchases equipment and supplies to meet its educational research and service missions. Use of such equipment and supplies is restricted to the undertaking of those missions. Faculty, students, and staff are not permitted to utilize university equipment or supplies solely for personal use or for more than incidental personal use as part of business use. Individuals who are not university faculty, students, or staff may not use university equipment or supplies unless contracted to do so.

(2) Any exception to this policy must have the written approval of the appropriate divisional executive officer.

(C) Violations. Employees who violate this policy, including violations by administrators who authorize inappropriate or unnecessary use, may be liable for the repayment of costs incurred and/or damages that might occur and could be subject to appropriate discipline.

Effective: 3/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-4-20 Emergency response.

(A) Policy statement. In the event of an emergency, the president or designee are authorized to declare that an emergency situation exists and to invoke the university's comprehensive emergency management plan.

(B) Definitions.

(1) "Emergency." An event or condition that presents an imminent risk of death, serious injury, or illness to the university community, suspension or significant disruption of university operations, significant physical or environmental damage, or significantly affects the university's financial well-being. Specific emergencies or classes of emergencies are listed in the university's comprehensive emergency management plan (2) "Comprehensive emergency management plan." A statement of policy and procedures regarding emergency management. It assigns tasks and responsibilities to university officials specifying, and in some cases redefining, their roles during specific emergency situations. The comprehensive emergency management plan ("plan") is also the university's published authoritative strategies and directives to prepare for, mitigate, respond to, and recover from actual or potential emergencies university-wide. The plan references second-level "departmental emergency operations plans" that prescribe changes in functional responsibilities and operations by and/or within that specific department during an emergency.

(C) Authorities and responsibilities.

(1) Reacting to reported or predicted campus or environmental situations, the president or designee is authorized to declare that an emergency exists and to direct the implementation of the plan.

(2) The president or designee has the authority to invoke the full force of state and local laws and to exercise all necessary emergency authority to respond to the threat of lives and property and to restore normal university operations with minimal interruption.

(3) The plan may, depending upon the type of emergency, redefine authorities within the university during a specific emergency.

(4) With the declaration of a university emergency, all officers and essential personnel of the university are directed to undertake appropriate and rapid response to exercise the utmost diligence in the discharge of duties required of them for the duration of the emergency and to comply with all university emergency procedures, applicable regulations, as well as state and local laws. Work rules and associated compensation will be governed by applicable labor contracts and university policy.

(5) All members of the university community (including faculty, students, staff, and visitors) are required to comply with emergency procedures, to cooperate with university response personnel as well as with public officials and emergency service operatives in executing emergency plans, and to obey and comply with the lawful directions of properly identified officers.

(6) In response to a specific emergency, and depending on the circumstances, the president may direct each executive officer where to report.

(7) The university will plan and implement an annual emergency management training program for identified members of the university community.

(D) Implementation.

(1) The president directs that the university, led by the chief of university police and the director of environmental and occupational health and safety, shall create, maintain, and annually update the university's comprehensive emergency management plan. The plan shall include, at a minimum, the following:

(a) The common goal to maximize human safety and survival, minimize danger, preserve and protect property and critical infrastructure, provide for responsible communication with the university community and the general public during and after an emergency, and restore normal activities;

(b) Plans, and the associated use of university resources, to prevent or otherwise mitigate potential emergencies;

(c) The establishment of a university emergency planning and response team;

(d) Collaboration with local emergency management partners;

(e) An effective means of public emergency notification;

(f) Departmental level emergency operations planning, education, and training;

(g) Adoption of the national incident management system; and

(h) A university communication and education plan for emergency response.

(2) The president will direct each executive officer to ensure their awareness of, and compliance with, this policy and with the plan and to further ensure that such awareness and compliance is promulgated throughout each of their respective divisions.

Effective: 3/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-4-21 Public use of university grounds for expressive activity.

(A) Policy statement. Youngstown state university values the freedoms of speech, thought, expression and assembly both as constitutionally guaranteed rights and as part of the university's core educational, research, and public service mission. The university also recognizes that the exercise of these freedoms must be balanced with the rights of others to learn, work, and conduct business. Any speech or other expressive activities by persons under this policy should not be considered to be speech made by or on behalf of the university or to be endorsed by the university.

(B) Purpose. To provide guidelines for the free and orderly exchange of ideas and to ensure that these activities do not imperil public safety, obstruct or damage university facilities, or interfere with the university's mission and functions.

(C) Parameters or guidelines.

(1) Generally accessible outdoor areas.

(a) Any person or group may use any publically accessible outdoor area of the university's campus except parking lots and decks, garages, public streets, and driveways. Federal, state and local laws will be enforced as applicable. The use of walkways or other common areas may not block the free passage of others or impede the regular operation of the university.

(b) Use may include speaking, nonverbal expression, and distribution of literature, circulating petitions, and the display of signage. Amplification may be restricted during work or class hours or if the area is in use for an official university event, or a university-sponsored event.

(c) Prior approval is not necessary as long as the primary action is not to advertise or sell a commercial product.

(d) Those seeking access to the university for commercial solicitation or advertising purposes should consult university policy 3356-7-19, "Access to campus for purposes of commercial solicitation or adverting." Employees should consult university policy 3356-7-25 regarding political activities of employees.

(e) Facilities which are leased by the university and which do not have general access outdoor areas controlled by the university are not available for use under this policy.

(2) Large groups.

(a) Any person or group whose use of an outdoor area is expected or reasonably likely to draw more than one hundred people must notify the university's policedepartment at (330) 941-3527 at least three business days before the date of the expressive activity and provide information as to the specific location to be used for the event, the estimated number of persons, and the name and contact information of at least one person who can be contacted regarding logistics of the event, and shall include at least one person who will be personally present. If three business days' notice is not provided, the person or group must contact the university's police department as soon as reasonably possible prior to the event.

(b) Prior notice is necessary in order to ensure that there is sufficient space for the large group event, the large group event does not conflict with any other scheduled use of the outdoor area, and that sufficient university resources are available for crowd control and security.

(3) Student use.

(a) In addition to the right of access to generally accessible outdoor areas described above, any student, group of students, or registered student organization may seek to reserve the use of specific outdoor areas by contacting the office of student affairs at (330) 941-3532.

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

(c) A student or student organization that has reserved a specific area or space under this policy will have priority over any other persons seeking to use the area or space during the scheduled time period. Any decision denying a request shall be promptly communicated in writing to the requester and shall set forth the basis for the denial.

(4) Public bulletin boards. The university provides designated public bulletin boards for the purpose of posting materials. Refer to university policy 3356-4-17 regarding the display of posters and other printed materials.

(5) Neutrality. All decisions and actions of university employees and agents made under this policy shall be content neutral.

(D) Prohibited activities.

(1) Any event or activity that disrupts the ability of the university to effectively and peacefully teach students, provide client services, or conduct any of its other business and support operations is prohibited. Examples include, but are not limited to, excessive noise, impeding vehicle or pedestrian traffic, and conduct otherwise unlawful.

(2) Damage to university property including, but not limited to, damage to grounds and landscaping, driving stakes or poles into the ground, hammering nails into buildings, fastening or attaching anything to sidewalks, paved areas, or any part of any building, structure, or fixture.

(3) Distribution or solicitation by placing any material on vehicles in the parking lots, decks or garages.

(4) Leaving trash, litter, materials, or pollutants in any area.

(E) Enforcement.

(1) The Youngstown state university police department shall enforce the provisions of this policy.

(2) Any person who violates this policy may be subject to any order to leave university property and may be subject to arrest if that order is not promptly obeyed. Employees who violate this policy may be subject to discipline up to and including termination.

(F) Dispute resolution. Any person or organization that believes unlawful, unreasonable, or arbitrary limitations have been imposed on their expressive activities under this policy may file a complaint with the office of general counsel at (330) 941-2340.

Effective: 3/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-4-44 Unmanned aircraft (drones and model aircraft).

(A) Policy statement. The operation of unmanned aircraft systems ("UAS"), including drones and model aircraft, is regulated by the federal aviation administration ("FAA") and relevant state law. Youngstown state university ("university") seeks to permit UAS's to be utilized productively in a manner that fully meets institutional, legal, public safety, and ethical responsibilities.

(B) Purpose. To provide direction to anyone seeking to operate a UAS or model aircraft on or above university property or as part of university employment or university activities.

(C) Scope. This policy applies to:

(1) Employees, students, and student groups operating UAS's in any location as part of their university employment or as part of university activities;

(2) The operation by any person of UAS's or model aircraft on or above Youngstown state university property;

(3) The purchase of UAS's with funding through the university, including university accounts, grants, or Youngstown state university foundation accounts; and

(4) The hiring or contracting for any UAS services by a university department, office, or unit.

(D) Definitions.

(1) "University property." Buildings, grounds, and land that are owned, leased, licensed or otherwise controlled by the university, including but not limited to any university air rights recognized by federal or state law.

(2) "Unmanned aircraft system (UAS), unmanned aircraft (UA), or drone." Any unmanned aerial vehicle and all of the associated support equipment, control station, data links, telemetry, communications, and equipment necessary to operate the unmanned aerial vehicle from a distance of more than one foot via tether or remote control, including but not limited to drones, planes, model aircraft, helicopters, blimps, balloons, or kites. For purposes of this policy, collectively referred to as UAS.

(3) "Certificate of authorization (COA) or waiver." An authorization issued by the air traffic organization ("ATO") of the FAA to an operator for a specific UAS activity. A certificate of authorization may contain provisions or limitations to ensure the UAS can operate safely with other airspace users.

(4) "333 exemption." An FAA exemption based on section 333 of the FAA Modernization and Reform Act of 2012 ("FMRA") which grants the secretary of transportation the authority to determine whether an airworthiness certificate is required for a UAS to operate safely in the national airspace system.

(5) "Model aircraft." Equipment used only for hobby and recreation purposes and not for commercial purposes.

(6) "Operator." The pilot or individual who is controlling, maneuvering, or commanding a drone, unmanned aircraft, unmanned aircraft system, or model aircraft.

(E) Procedures.

(1) Any individual or group, including university employees, students and student groups, seeking to operate a model aircraft or UAS on university property is responsible for obtaining all required documentation and approvals for compliance with FAA regulations, state and federal laws and university policies.

(2) The university's office of environmental and occupational health and safety ("EOHS") shall be responsible for university procedures, approvals, and instructions regarding UAS and model aircraft operation on university property and for UAS operation pursuant to university employment or university activities. Operators should contact EOHS for applicable forms and procedures.

(3) Any use of UAS or model aircraft over university property other than by university students, employees, or vendors, as part of university employment or activities, is only allowed after receiving written approval from the EOHS, and is only permitted pursuant to a written agreement which holds the university harmless from any resulting claims or harm to individuals and damage to university property and provides proof of insurance as required by EOHS.

(4) If UAS's are being used to obtain photos, video, or sound for non-university commercial purposes, university commercial use policies must also be followed. In addition to all other requirements, permission for such use must be granted in writing from the office of marketing and communications.

(5) UAS's shall be operated in a responsible manner and shall not create a hazard to university owned or controlled property, the university community, or the public at any time, and shall not be operated in a way that disrupts instruction or unduly affects the environment of people in or passing through a common space, those working or studying within a building, or those entering, exiting or otherwise making their way about a facility.

(6) In operating a UAS for purposes of recording or transmitting visual images, operators must take all reasonable measures to avoid violations of areas normally considered private and the unauthorized interception or recording of images, electronic communications and electronic data.

(7) Any person who observes the use of any UAS or model aircraft on university property should immediately notify the university police department at 330-941-3527.

(F) Prohibited uses.

(1) UAS's and model aircraft shall not be used to monitor or record areas where there is a reasonable expectation of privacy in accordance with university policy and social norms. These areas include but are not limited to restrooms, locker rooms, individual residential rooms, changing or dressing rooms, and healthcare rooms.

(2) UAS's and model aircraft shall not be used to monitor the inside of university facilities, including but not limited to campus daycare facilities.

(3) UAS's and model aircraft shall not be used to monitor or record sensitive or personal information that may be found, for example, in an individual's workspaces, on computer, or other electronic displays.

(G) Violations.

(1) Any violations of this policy will be dealt with in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university for employees and sanctions for students up to and including expulsion from the university.

(2) Legal prohibitions regarding physical presence on campus, such as trespass, and other legal action may also be pursued against third parties that operate a UAS or model aircraft in violation of this policy.

(3) Fines or damages incurred by individuals or units that do not comply with this policy will not be paid by the university and will be the responsibility of those persons involved.

Effective: 1/17/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356