Chapter 3356-7 University Employess and Benefits

3356-7-01 Conflicts of interest.

(A) Policy statement. All employees are to avoid conflicts of interest and conflicts of commitment in the conduct of university business. Employees are also expected to avoid even the appearance of a conflict or impropriety.

(B) Purpose.

(1) A conflict typically exists when financial or other personal considerations compromise or have the potential for or the appearance of compromising a person's objectivity in meeting university responsibilities, including research activities.

(2) Employees may not engage in activities that interfere with performing job duties and responsibilities at the university. Employees are expected to avoid any situation which compromises job performance, loyalty, or stewardship to the university. This may be considered a conflict of commitment.

(3) Employees are expected to avoid participating in decisions or actions on behalf of the university which may result in personal gain to the employee or the employee's family or business associates. This may be considered a conflict of interest.

(4) There are two main conflict of interest provisions in Ohio's ethics laws that apply to full- and part-time employees of the university. First, section 102.03 of the Revised Code prohibits employees from soliciting or accepting or influencing one to give anything of value when it comes from a party who is interested in a pending matter or doing or seeking to do business with the university. Second, sections 2921.42 and 2921.43 of the Revised Code prohibit public employees from having an interest in a public contract. These statutes also prohibit a public employee's family and business associates from having an interest in a public contract. There may be an exception to this prohibition, but it must be approved in advance through the office of contract compliance. The employee must report the conflict on the "Conflict of Interest Certification Form." The following procedures are designed to ensure integrity in the conduct of university business.

(C) Procedures.

(1) Annually, all employees authorized to sign for expenditures or involved in making purchasing decisions on behalf of the university are required to complete a "Conflict of Interest Certification Form." The forms are retained in the office of contract compliance. The contract compliance officer and the controller will review these forms and make any determinations necessary.

(2) Employees are under a continuing obligation to update information on this form should circumstances change.

(3) An employee unsure of the applicability of any of these procedures may consult with the office of the controller or the office of contract compliance.

(4) Employees are also expected, as soon as possible, to disclose to their department head any of the following:

(a) Any employment at the university in addition to primary employment (i.e., part-time teaching position, etc.);

(b) Outside employment;

(c) Other interests or activities that require commitments of time that may interfere with meeting university obligations;

(d) Use of supplies, equipment, or university resources for non-university purposes;

(e) Receipt of gifts or entertainment of more than nominal value from suppliers of goods or services;

(f) Receipt of gifts or entertainment of more than nominal value from persons associated or seeking association with the university; or

(g) Use of confidential or privileged information acquired in the course of employment at the university for non-university purposes.

(5) Department head will review the disclosed information to determine whether a conflict of interest, the appearance of a conflict of interest, or the potential for a conflict of interest exists. If the department head is uncertain as to whether a specific situation constitutes a conflict of interest, they shall consult with their superior.

(6) If it is determined that a conflict of interest, the appearance of a conflict of interest, or the potential for a conflict of interest does exist, the department head and employee will together develop a written statement of action to manage, reduce, or eliminate the conflict situation. If the statement is mutually agreed upon, a copy will be submitted to the next highest level of authority.

(7) If the department head and employee cannot mutually agree upon a statement of action, the situation will be referred to the appropriate dean/executive director or vice president for final determination.

Replaces: 3356:1-17-01

Effective: 6/17/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 6/16/03, 5/27/11

3356-7-02 Americans with Disabilities Act (ADA).

(A) Policy statement. Youngstown state university is committed to providing reasonable accommodations for qualified individuals with disabilities in a fair and equitable manner and in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990, as amended, and other applicable federal and state laws (hereinafter applicable law[s]). Ensuring an accessible and inclusive educational and work environment is the responsibility of every member of the university community.

(B) Purpose. To provide common understandings of definitions, relevant information, and uniform guidelines to promote a work and educational environment at Youngstown state university that is free from discrimination and harassment and fosters university compliance with federal and state law pertaining to qualified individuals with disabilities.

(C) Scope. This policy applies to current and prospective students and employees and to visitors and guests of the university. All personnel who are responsible for the implementation of the university's mission are charged to support this policy.

(D) Definitions.

(1) "Disability." A physical or mental impairment that substantially limits one or more major life activities of the individual; a record of such an impairment; or being regarded has having such an impairment.

(2) "Major life activities." Major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communication, and working. A major life activity also includes the operation of major bodily functions.

(3) "Major bodily functions." Major bodily functions include, but are not limited go: functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive systems.

(4) "Reasonable accommodation." A change or modification to a job, work, or academic environment or university program which does not impose an undue hardship on the university and enables a qualified individual with a disability to enjoy the same opportunities and benefits as others without disabilities. Examples of reasonable accommodation can include:

(a) Acquiring auxiliary aids and services.

(b) Modifying equipment, devices, or schedules.

(c) Adjusting or modifying examinations, training materials, or policies.

(5) "Qualified individual." An individual who, with or without reasonable accommodation(s), meets the eligibility requirements for employment, educational programs or other university-sponsored programs and activities such that he/she can perform the essential functions of an employment position or met the essential requirements of an educational program or activity.

(6) "Essential function/requirement." A fundamental duty of an employment position or a core requirement of a program or activity. A number of considerations impact whether a function/ requirement may be considered essential, including but not limited to:

(a) Whether a requirement is basic to a position or program or any directly related licensing requirement.

(b) If the job/position exists to perform that function.

(c) There are a limited number of employees available who can perform that function.

(d) The function is highly specialized such that the incumbent in the position is hired for his/her expertise or ability to perform the particular function.

(7) "Undue hardship." Action which requires significant difficulty or expense when considered in light of the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the university's operation, or which would fundamentally alter the nature or structure of a program, operation, or employment unit.

(8) "Interactive process." The informal, communicative process to identify the limitations resulting from a disability and potential reasonable accommodations.

(E) Parameters.

(1) The university will engage in an interactive process with a student or employee to determine the individual's disability status and particularized accommodation needs.

(2) The chief human resources officer in collaboration with the director of equal opportunity and policy development and the assistant director for the center for student progress disability services are authorized to develop procedures for the implementation of this policy.

(3) The office of facilities maintenance and support services is responsible for promoting compliance with campus physical and architectural access.

(4) The office of disability services is responsible for organizing the university response to requests for accommodation and provision of academic services that support the needs of students with disabilities.

(5) The office of human resources is responsible for coordinating the university response to requests for accommodation in employment.

(F) Procedures.

(1) Students.

(a) A student who wishes to request a reasonable accommodation must be registered with the university's center for student progress ("CSP") disability services. To be registered with CSP disability services, a student must first be accepted by the university through the office of undergraduate recruitment and admissions.

(b) To ensure the provision of reasonable and appropriate accommodations, CSP disability services requires current, within one year, and comprehensive documentation of the disability from a current physician or specialist. CSP disability services information and forms are available from the CSP disability services office or on the CSP website (http://www.ysu.edu/csp/disabilityservices/dspdf/newDocu mentationForm.pdf). Where applicable, the documentation should include information that describes how the disorder was diagnosed, the symptoms of the disorder, severity of the condition, treatment and medication prescribed, and recommendations for accommodations.

(c) The information provided to the CSP office of disability services is confidential and does not become a part of a student's academic record.

(2) Employees.

(a) An employee who wishes to request a reasonable accommodation (or another person wishing to request a reasonable accommodation on behalf of an employee) can choose to make a request in either of the following ways:

(i) Complete a request for reasonable accommodation form.

(ii) Contact the immediate supervisor or the office of human resources manager of compensation and employee benefits ("HR manager"). When a request is made verbally, employees seeking a reasonable accommodation should follow up the verbal request either by completing the request for reasonable accommodation form or otherwise confirming their request in writing (email is acceptable) to the HR manager. Information and forms are available from the office of human resources or on the human resources website (http://www.ysu.edu/administrative-offices/human-resources/human-resources).

(b) Determination of disability. Following the initial request for accommodation, the HR manager will determine whether the employee has a disability as defined by applicable federal and state laws. The HR manager may consult with appropriate university representatives to determine if the condition meets the definition of disability as defined by applicable federal and state laws.

(c) An employee may be required to submit documentation to substantiate their request, including but not limited to a request for documentation of physical/mental health condition.

(d) Submitted documentation will be confidentially maintained in a file separate from an employee's personnel file.

(e) Interactive process. The interactive process takes place after the employee's condition is determined to be a disability as defined by applicable laws and will vary depending on the nature and type of disability and requested accommodation. While the individual with a disability is not required to specify a precise accommodation, the employee needs to describe the problems which need accommodation. Additionally, suggestions from the employee with a disability may assist the university in determining the type of reasonable accommodation to provide. Where the employee and/or the university are unfamiliar with possible accommodations, the university may consult with public and/or private resources to help identify reasonable accommodations once the specific limitations and workplace barriers have been ascertained.

(f) If the employee's condition is determined not to be a disability, as defined by applicable laws, the employee will be notified that their request is denied.

(G) Genetic Information Nondiscrimination Act of 2008 ("GINA"). GINA prohibits employers and other entities covered by Title II of FINA from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by law. Therefore, employees and health care providers should not provide any genetic information when responding to a request for medical information. As defined by GINA, genetic information includes an individual's family medical history, the results of an individual or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

(H) Discrimination. Individuals who believe that they have been discriminated against on the basis of disability in an educational program or activity or employment situation at Youngstown state university, may contact the office of equal opportunity and policy development to seek information or to file a complaint.

Replaces: 3356-7-02

Effective: 4/23/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 10/6/12

3356-7-03 Possession of weapons on campus.

(A) Policy statement. Youngstown state university prohibits carrying, displaying, or usage of any firearm and/or other weapon by all persons while on university property.

(B) Purpose. This policy is designed to create and maintain an environment that sustains the general health and well-being of students, employees, and visitors.

(C) Definitions.

(1) "All persons" applies to students, faculty, staff, visitors, vendors, contractors, as well as any other individuals on university property.

(2) "University property" applies to all Youngstown state university owned or controlled property and all university-sponsored functions and events.

(3) "Firearms and weapons" include, but are not limited to, all firearms, whether functional, nonfunctional, or simulated; live ammunition; knives (any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance); swords; metal or brass knuckles; air tasers; collapsible batons; clubs; blackjacks; ku batons; paintball guns; bb guns; pellet guns; slingshots; airsoft guns; nerf guns; and any other item modified from its original purpose to be used as a weapon. The Youngstown state university police chief, or designee, has the authority to modify or determine a weapon's status.

(D) Exceptions. The following persons or groups shall be an exception to the policy and are permitted the utilization of weapons under certain circumstances:

(1) Any federal, state, local and/or Youngstown state university law enforcement officer who is authorized to carry a firearm in the normal scope of their duties shall be permitted to carry one while on campus.

(2) Faculty members with prior authorization from their department chair and the Youngstown state university ("YSU") police chief shall be permitted to transport and/or display certain prohibited weapons for educational or artistic usage provided they abide by the following conditions:

(a) Notification to the YSU police chief must be made three days prior to the intended usage date. The weapon(s) will be subject to inspection by the YSU police department.

(b) Functional firearms and live ammunition are strictly prohibited.

(c) The weapon must be contained in a case while being transported and must not be removed unless inside a classroom or office.

(d) Any simulated/nonfunctional firearm used for artistic or theatrical purposes must be inspected by the YSU police prior to its intended use. The usage of the weapon must be confined to rehearsal spaces, the theater, and the immediate vicinity of the theater and/or exhibition space.

(3) Any member of the United States military and/or student of the military science program acting in their official capacity shall be permitted to utilize such weapons as prescribed by their own policy.

(4) Any employee of Youngstown state university who is employed as a maintenance worker, technician, groundskeeper, storekeeper, parking employee, vendor, contractor, or other position not listed above whose normal duties require the use of knives, utility knives, leatherman tools, or other cutting instruments shall be permitted to possess, carry, and use those instruments while engaged in his or her normal course of duties.

(5) Any Youngstown state university police academy instructor employed as a law enforcement officer or who is a retired law enforcement officer, who is within the scope of his or her duties, shall be permitted the use of such weapons.

(6) Any Youngstown state university police academy cadet under the instruction of YSU police academy instructors shall be permitted the use of such weapons provided or approved by the YSU peace officer training academy and/or the Youngstown state university police department.

(7) Any instructor of, or student enrolled in, the marksmanship class shall be permitted the utilization of firearms provided by Youngstown state university while on the range during class hours.

(E) Violations.

(1) Any student, faculty member, or staff member who knowingly violates this policy could be subject to the appropriate disciplinary process. This includes student discipline and/or the process for discipline set forth in the respective collective bargaining agreements.

(2) Any visitor who knowingly violates the policy could be barred from campus property.

Replaces: 3356:1-17-21

Effective: 2/6/2012
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03

3356-7-04 Workplace violence, threats, and disruptive behavior.

(A) Policy statement. Youngstown state university (university) is committed to providing a supportive work and learning environment that is safe and free from threats, intimidation, unreasonable disruptions and violence.

(B) Purpose. To promote a safe work environment that encourages knowledge acquisition and productive employment by assuring an appropriate and prompt response to any violence or threat of violence.

(C) Scope. This policy applies to all university employees, students, faculty, visitors and all persons who, while not university employees, perform work or provide services both on university property and for the benefit of the university.

(D) Definitions.

(1) "Workplace threats or violence." Conduct against persons or property that is sufficiently severe or intimidating to reasonably interfere with the normal activities or functioning of the workplace. Workplace threats or violence include, but are not limited to, physical violence; sexual, emotional, and psychological intimidation; verbal abuse; possession of a deadly weapon; and/or use of university property or resources, including telephone, fax machine, email, internet, or other means, to threaten, harass, intimidate or abuse someone.

(2) "Disruptive behavior." Inappropriate behavior, confrontation, or conflict which unreasonably interferes with or prevents the normal activities or functioning of the workplace.

(3) "Workplace." Any university-owned or controlled property or university service or event.

(4) "Family and relationship violence." Any type of domestic violence as defined by section 2919.25 of the Revised Code.

(5) "Deadly weapon." Any instrument, device, or thing capable of inflicting death and designed or specially adapted for use as a weapon, or possessed, carried or used as a weapon as defined by section 2923.11 of the Revised Code.

(E) Prohibited behavior includes, but is not limited to:

(1) Verbal abuse or outbursts, the creation of conflict between coworkers, use of profanity/offensive language, or inappropriate interactions with students, coworkers, supervisors or others.

(2) Any direct or implied threats to an individual or the individual's family, friends, associates, or property.

(3) Physical conduct that results in harm to people or property.

(4) The illegal possession, use or unauthorized storage of a deadly weapon on university property or at university-sponsored events.

(5) Intimidation or harassment that has the intent or effect of disrupting the work or learning environment and/or results in fear for personal safety.

(6) The use of university property or resources, such as work time, telephones, mail, email, or the internet, to threaten or harass someone.

(7) Repeated unwanted contact from one person to another which causes an individual to reasonably feel alarm or fear violence.

(F) Reporting.

(1) An employee who is the victim of violence in the workplace, or believes he or she has been or is being threatened with violence in the workplace, or witnesses an act or threat of violence in the workplace shall take the following steps:

(a) If the situation is one of immediate danger, contact the university police department (330-941-3527 or 911 from a university phone) or local law enforcement by dialing 911 and take whatever emergency steps are available and appropriate to protect yourself or others from immediate harm, including seeking immediate assistance for persons in need of medical care; then file a report with the university police department and the chief human resources officer as soon as possible.

(b) If the situation is not one of immediate danger, report the incident to the appropriate supervisor and to the chief human resources officer as soon as possible. A police report should also be filed with the university police department.

(c) The university police department, the chief human resources officer and managers and supervisors are to take all reported incidents of threatening and violent behavior in the workplace seriously and document the circumstance associated with the incident, including a record of information from all involved employees/students or witnesses as well as an assessment of the situation.

(d) All reported incidents will be investigated to the extent possible. The university will take appropriate remedial action to protect employees, faculty, and students.

(2) An employee who is experiencing or witnessing disruptive workplace behavior should report the behavior to his/her supervisor. If the supervisor is the source of the disruptive behavior, the employee should contact the chief human resources officer.

(G) Education, response, and prevention.

(1) Office of human resources.

(a) Provide annual training opportunities for all employees concerning workplace violence and family and relationship violence and familiarize new employees with this policy through new faculty and staff orientation materials and online postings on appropriate university websites.

(b) Proactively respond to potential indicators of violence or abuse by referring affected individuals to available resources provided by the university.

(c) In collaboration with the university police department, evaluate reported incidents of threatening or violent behavior on the perceived intent of the threat, nature of the threat, immediate risk factors and likelihood that harm will occur.

(d) Provide ongoing support by helping victims seek professional assistance, including referencing the university's employee assistance program provider on the human resources website.

(e) Promptly formulate and implement a plan of action in consultation with the Youngstown state university police and the appropriate manager or supervisor.

(f) Following an investigation, implement appropriate disciplinary action.

(g) Process corrective action consistent with university policy and/or collective bargaining agreements as applicable.

(h) Provide assistance to the employing unit, including information on the parameters guiding employee sick leave or personal leave benefits, employee assistance program provider and individualized workplace safety plans.

(2) Youngstown state university police department.

(a) In consultation with the office of human resources, the office of environmental and occupational health and safety ("EOHS"), and the appropriate office or department, the university police department will coordinate an individualized workplace safety plan in response to workplace violence and family relationship violence. Such plans may include changing work station and phone numbers as well as providing escort services to and from the building as circumstances warrant.

(b) Restore order in a conflict situation.

(c) Enforce the law, including existing protection orders.

(d) Arrange for emergency medical assistance when necessary.

(e) Participate on a crisis assessment team.

(3) Faculty, staff, and student employee responsibilities

(a) Any student or employee of the university who has obtained a protective order (temporary, permanent, or civil) must inform their immediate supervisor and the university police department and provide a copy of the protection order to the university police department.

(b) Have knowledge of the policy.

(c) Attend educational training, counseling, or treatment as required.

(H) Consequences for policy violations.

(1) University employees determined to be in violation of this policy will be subject to disciplinary action up to and including termination of employment consistent with university policies and/or bargaining unit agreements.

(2) Students as perpetrators will be dealt with in accordance with the "The Code of Student Rights, Responsibilities, and Conduct."

(3) Perpetrators of workplace or family and relationship violence occurring in the workplace may be required to complete a program of intervention which may include an educational program, counseling, and/or ongoing treatment. The university's employee assistance program provider can provide the necessary services or referral to the necessary resources.

(4) Perpetrators may be determined persona non grata pursuant to rule 3356-7-45 of the Administrative Code.

(5) Perpetrators may be subject to criminal charges.

Replaces: 3356-7-04

Effective: 11/4/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 09/01/2013

3356-7-05 Family and Medical Leave Act (FMLA).

(A) Policy statement. The university is committed to providing Family and Medical Leave Act ("FMLA") leave in accordance with federal law.

(B) Purpose. Under the provisions of the Family and Medical Leave Act of 1993, eligible employees may take up to twelve weeks of paid or unpaid leave per year for the employee's own serious illness, the birth of a child, the placement of a child for adoption or foster care, or the care of a child, spouse, or parent with a serious health condition. During the leave, health benefits are continued under the same terms and conditions as for active employees. Upon the employee's return from leave, restoration of employment to the same job or an equivalent job will occur.

(C) Parameters.

(1) An employee who has been employed by the university for at least twelve months and who has completed at least one thousand two hundred fifty hours worked during the twelve-month period immediately preceding the commencement of the leave shall be eligible for family and medical leave as provided in this policy.

(2) An eligible employee shall be permitted a total of twelve work weeks of unpaid leave during the twelve-month period measured forward from the first date the employee uses family and medical leave. Family and medical leave may be used for the following reasons:

(a) To care for the employee's child after the birth of the child;

(b) To care for a child after the child is placed with the employee for adoption or foster care;

(c) To care for the employee's spouse, child, or parent who has a serious health condition;

(d) Because of a serious health condition that makes the employee unable to perform the functions of the employee's position, including a workers' compensation qualifying injury; or

(e) Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation. Qualifying exigencies are one or more of the following: short-notice deployment, military events and related activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, and post-deployment activities.

(3) An eligible employee may be permitted a total of twenty-six work weeks of leave during the twelve-month period measured forward from the first date the employee uses family and medical leave in order to care for a covered service member with a serious injury or health condition if the employee is the spouse, son, daughter, parent or next of kin of the service member. However, when family and medical leave is used for this reason and one or more of the reasons listed in paragraph (C)(2) of this rule, the eligible employee will be entitled to a maximum combined total of twenty-six work weeks of leave.

(4) An eligible employee will be required to provide the employer with thirty days advance notice of the employee's intention to take family and medical leave. The only exception will be when unforeseen circumstances prevent the employee from providing the required notice.

(5) The university will require the employee to provide medical certification from the employee's health care provider or the family member's health care provider in order to support a leave request to care for a spouse, child, or parent who has a serious health condition, or for leave due to serious health condition that makes the employee unable to perform the essential functions of the employee's position. The university, at the university's expense, may require a second opinion on the validity of the certification. Should a conflict arise between the opinions of the two health care providers, a third opinion will be sought. The third opinion will be provided by a health care provider mutually agreeable to the employee and the university. The expense of a third opinion will be paid by the university. U.S. department of labor forms WH-380 shall be utilized by health care providers in supporting the leave request.

(6) An eligible employee will be required to use any appropriate accrued paid leaves concurrent with unpaid family and medical leave.

(7) In the event of the continuation, reoccurrence, or onset of a serious health condition of the employee, after such employee has exhausted the twelve work weeks of leave as provided in this policy, the employee may continue to utilize any available accrued leaves or request an unpaid disability leave of absence in accordance with rule 3356-7-08 of the Administrative Code or the applicable collective bargaining agreement.

(8) The university will also require the employee to provide appropriate certification in order to support a leave request because of a qualifying exigency or to care for a covered service member with a serious injury or health condition.

(9) In any case in which a husband and wife, both employed by the university, request leave due to the birth or placement with the employees of a child, the total number of work weeks of family and medical leave to which both employees are collectively entitled will be limited to twelve work weeks during the twelvemonth period.

(10) Leave due to the serious health condition of the employee or the employee's spouse, child, or parent, or to care for a covered service member with a serious health condition or injury, may be taken intermittently or on a reduced leave schedule when medically necessary. The employer may require an employee who takes leave in this manner for planned medical treatments to transfer temporarily to an alternative position which has equivalent pay and benefits and better accommodates the recurring periods of leave. Leave due to a qualifying exigency may also be taken on an intermittent or reduced leave schedule basis.

The taking of leave intermittently or on a reduced leave schedule will not result in a reduction in the total amount of leave to which the employee is entitled in accordance with this policy. Leave due to the birth or placement of a child may not be taken on an intermittent or reduced leave schedule.

(11) It will not be considered a break in service when an employee takes leave in accordance with this policy, provided the employee returns to work at the expiration of the leave period. During any uncompensated portion of a leave period, employees shall not accumulate sick, vacation, personal, or any other accrued leave except as may be provided under the terms of a collective bargaining agreement.

(12) An eligible employee who takes leave in accordance with this policy shall, upon return from such leave, be restored to the position held by the employee when the leave commenced or a similar position of equivalent pay and benefits. The employer will require the employee's physician to certify that the employee is able to resume work as a condition of return to employment.

(13) During any period that an eligible employee takes leave in accordance with this policy, the university shall maintain the employee's group health care coverage under the conditions coverage would have been provided if the employee had continued in employment for the duration of the leave. The employee will be responsible for paying the employee's share of the health insurance costs during the leave. If the employee does not return from the leave, the university may recover the premiums it paid for maintaining the health care coverage during the period of unpaid family and medical leave.

(14) Upon requesting family and medical leave, an eligible employee will receive a written notice from the university outlining the employee's rights and obligations.

(D) Procedures.

(1) FMLA may be taken as paid or unpaid leave. Paid leave is in the form of accrued personal, sick or vacation leave or documented compensatory time.

(2) An employee desiring to take leave under FMLA should contact the human resources office at (330) 941-2137 to obtain information regarding eligibility for FMLA.

(3) All FMLA leaves, paid or unpaid, within a consecutive twelve-month period will be counted toward the twelve-week allocation under FMLA.

(4) Employees covered by collective bargaining should refer to their respective labor agreements.

Replaces: 3356:1-17-02

Effective: 11/4/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/15/98, 6/16/03, 12/20/10

3356-7-06 Leave of absence without pay, extended childcare, excluded professional/administrative staff.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its leave programs, it provides for and encourages preventative health care; physical, emotional, and mental well-being; professional growth and development; and civic responsibility.

(B) Purpose. These procedures are designed to enable an excluded professional/administrative staff member to provide unpaid childcare leave in addition to the paid leave as delineated in rule 3356-7-14 of the Administrative Code.

(C) Parameters.

(1) "Childcare" is defined as pregnancy-related absences leading to, or care following, the birth of a child or adoption.

(2) An employee may request a leave of absence without pay for a period not to exceed six months for the purpose of childcare. The leave of absence without pay, extended childcare, shall run concurrently with all other paid and unpaid leave.

(D) Procedures.

(1) An employee requesting leave of absence without pay, extended childcare, must complete and forward to the office of human resources the "Request for Leave Form," specifying the anticipated duration of the leave and appropriate medical documentation as needed.

(2) Upon returning to work, an employee shall provide a physician's statement certifying that the employee is released to return to work.

(3) The university will maintain all group insurance benefits for a fulltime employee who has been employed by the university for at least one year prior to the employee commencing an extended childcare leave without pay. The employee will be responsible for paying the employee's share of the health insurance cost during this leave. Failure of the employee to make payments in a timely manner may result in the loss of health insurance benefits.

(4) If for some reason the employee is unable to return from his or her leave of absence without pay when said leave has been exhausted, the employee will be considered to be absent without authorized leave.

(5) Employees covered by collective bargaining should refer to their respective labor agreements.

Replaces: 3356:1-17-03

Effective: 2/4/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/15/98, 6/16/03

3356-7-07 Professional leave without pay, excluded professional/ administrative staff.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its leave programs, it provides for and encourages preventive health care; physical, emotional, and mental well-being; professional growth and development; and civic responsibility.

(B) Parameters.

(1) Individuals may request professional leave without pay for periods ranging from one week to one year to secure additional formal education or training, or other appropriate professional experience, when such training or other appropriate professional experience will serve to enhance the individual's contribution to the university. Arrangements acceptable to the division head must be made to cover the employee's duties during the period of absence.

(2) Employees on professional leave without pay shall have the option of maintaining the university's group insurance benefits by paying the entire cost for the coverage in effect during the period of the leave.

(C) Procedures.

(1) Excluded professional/administrative staff considering a professional leave without pay should first discuss their interests with their immediate superior. This preliminary discussion should include reasons for the leave, length of the leave, anticipated workload during the course of the leave, and potential methods of redistributing the workload.

(2) If there is agreement that the leave might be pursued, the supervisor will alert the appropriate administrative and/or division officer to that possibility.

(3) A formal request for professional leave without pay shall be submitted in writing to the individual's supervisor as far in advance as possible. This written request should specify the reason for the leave, the anticipated duration of the leave, and a suggested method of redistributing the workload.

(4) If the supervisor supports the request for a leave, an endorsed copy of the request is forwarded. This process continues until the request, with appropriate endorsements, is forwarded to the division officer of the division in which the individual is employed.

(5) Final approval for granting requests of professional leave without pay is the responsibility of the division officer of the division in which the individual is employed.

(6) Once a professional leave without pay request has been approved, it is forwarded to the human resources officer for implementation.

(7) Employees covered by collective bargaining should refer to their respective labor agreements.

Replaces: 3356:1-17-04

Effective: 2/4/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/26/86, 7/15/99, 6/16/03, 8/21/10

3356-7-08 Leave without pay for extended serious health condition or disability, excluded professional/administrative staff.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its leave programs, it provides for and encourages preventive health care; physical, emotional, and mental well-being professional growth and development; and civic responsibility.

(B) Parameters.

(1) Duration. An employee may request a leave without pay for his or her own extended serious health condition or disability. This leave may be granted for a period of up to six months for an extended serious health condition or disability following the exhaustion of all accrued paid sick and/or vacation leave and unpaid Family Medical Leave Act ("FMLA").

(2) Extension. An employee may request up to an additional six-month period of leave without pay for his or her own extended serious health condition or disability. This extension of leave without pay may be approved for up to an additional six-month period. The employee must provide medical evidence from a physician (or duly qualified medical practitioner) indicating that the employee will be able to substantially and materially perform his or her job responsibilities by a specified date that is no later than one year from the beginning of the original leave without pay.

(3) Employees requesting a leave without pay for an extended serious health condition or disability may be required to undergo an examination at the university's expense to confirm the state of the employee's health.

(4) The university will maintain all group insurance benefits for a fulltime employee who has been employed by the university for at least one year prior to the employee commencing a leave without pay for an extended serious health condition or disability. The employee will be responsible for paying the employee's share of the health insurance cost during this leave. Failure of the employee to make payments in a timely manner may result in the loss of health insurance benefits.

(6) Employees covered by collective bargaining should refer to their respective labor agreement.

(C) Procedures.

(1) Excluded professional/administrative staff requesting extended leave without pay for an extended serious health condition or disability should notify the chief human resources officer as soon as possible.

(2) A physician's (or duly qualified medical practitioner's) certification for leave without pay for an extended serious health condition or disability shall be submitted in writing to the chief human resources officer. This written request should specify the reason for the leave and the anticipated duration of the leave.

(3) If the leave without pay for an extended serious health condition or disability request is granted, human resources will notify the appropriate supervisor, administrator and/or division director.

(4) An employee who does not return at the conclusion of the approved leave may be eligible to apply for disability retirement under one of the Ohio pension plans or for any long-term disability benefits provided by the university, or may otherwise be terminated by the university.

Replaces: 3356:1-17-05

Effective: 2/4/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/26/86, 11/23/87, 6/16/03

3356-7-09 Vacation leave, exempt professional/administrative staff and department chairpersons.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its leave programs, it provides for and encourages preventive health care; physical, emotional, and mental well-being; professional growth and development; and civic responsibility.

(B) Scope. These parameters and procedures apply to exempted professional/ administrative staff and department chairpersons. Employees in externally funded positions are provided with benefits in accordance with rule 3356-7-43 of the Administrative Code ("Externally Funded Professional/Administrative Staff"). Other employees covered by collective bargaining may refer to their respective labor agreement.

(C) Parameters.

(1) Full-time exempted professional/administrative staff and department chairpersons on twelve-month contracts earn 7.33 hours per pay period or one hundred seventy-six hours of paid vacation leave each fiscal year.

(2) Full-time staff with annual contracts for less than twelve months and part-time staff with a .75 or greater full-time equivalent ("FTE") shall earn vacation leave on a prorated basis, derived from the formula for twelve-month staff. Part-time staff employed less than .75 FTE do not earn vacation leave.

(3) Individuals whose employment begins or ends during a given fiscal year shall earn a prorated amount of vacation leave during the fraction of the fiscal year employed.

(4) Vacation leave for full-time twelve-month staff may be accrued up to a maximum of three hundred twenty hours.

(5) Employees whose vacation balance reaches three hundred twenty hours will not accrue vacation until the balance is reduced below the forty-day maximum. Employees are responsible for monitoring the vacation balance.

(6) Vacation leave for part-time staff, .75 or greater FTE, may not exceed the maximum accrual for the prorated FTE and should be requested in hours (e.g., a .75 FTE staff member would have a maximum accrual of two hundred forty hours).

(7) Vacation leave accrual begins on the effective date of the initial employment and may be requested once the staff member has successfully completed three months of service.

(8) Accrued vacation leave may be taken prior to the effective date of separation or a cash payment will be made for vacation accrued through the last day of work, provided a thirty-day notice of resignation has been submitted to the office of human resources.

(9) Full-time externally funded professional/administrative staff earns 7.33 hours per pay period or one hundred seventy-six paid vacation hours per year, which must be taken during the contract period in which it was earned. Authorization to carry forward unused vacation leave into the next fiscal year requires written approvals of the department head and the chief human resources officer by June 30.

(10) Department chairpersons and other administrators holding earned rank and tenure (see rule 3356-9-05 of the administraive code) who revert to faculty status will receive a cash payment for accrued vacation earned through the last day of the administrative appointment.

(11) Accrued vacation leave may be taken prior to the effective date of retirement, or a cash payment will be made for vacation accrued through the last day employed.

(12) If the vacation balance of classified staff member who transfers to professional/administrative status exceeds the maximum accrual permitted, a cash payment will be made available to reduce the balance to an amount no less than two hundred eighty hours.

(D) Procedures.

(1) Vacation leave may be taken at a time that is mutually agreed upon by the staff member and the immediate supervisor.

(2) The staff member will complete the "Vacation Request, Professional/Administrative Staff" and submit it to the immediate supervisor in advance of the leave.

(3) The supervisor completes the form and forwards it to the office of human resources prior to the date of the leave.

Replaces: 3356:1-17-06

Effective: 2/4/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 1/25/80, 2/19/83, 10/17/84, 11/23/87, 5/21/99, 6/16/03, 8/21/10

3356-7-10 Staff development leave, exempted professional/administrative leave.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its leave programs, it provides for and encourages preventive health care; physical, emotional, and mental well-being; professional growth and development; and civic responsibility.

(B) Scope. Staff development leaves offer members of the exempted professional/administrative staff opportunities for professional growth and development that are related to the individual's position at the university and serve to enhance the recipient's professional contributions to the university. Employees covered by collective bargaining may refer to their respective labor agreement.

(C) Parameters.

(1) Full-time exempted professional/administrative staff may be granted a staff development leave for a period of up to three months. The leave may be extended, if it is determined by the executive officer to whom the individual reports to be in the best interest of the university. Leave recipients remain in full-pay and benefits status while on leave.

(2) The university may grant up to two staff development leaves each year to the exempted professional/administrative staff.

(3) A leave recipient is required to return to the university for a minimum of one year of service following completion of the leave.

(4) Academic department chairpersons should refer to rule 3356-10-08 of the Administrative Code, "Sabbatical leave for department chairpersons."

(D) Procedures.

(1) Applicants for staff development leave must submit a completed "Application for Staff Development Leave" to his/her supervisor for review by the application deadline date.

(2) The supervisor will forward a recommendation to accept or reject the request to the executive officer to whom the applicant reports.

(3) Due to the limited number of available leaves, executive officers will consult to identify the one or two requests that will be granted for the year and will forward the recommendation(s) to the office of human resources.

(4) Leave applications will be reviewed with reference to time requested, budget considerations, evidence of potential value to the university, the job performance of the applicant, and the needs of the university.

(5) All applicants will be notified regarding their application.

(6) Within sixty days after completion of the leave, the employee shall submit a written report of the professional development activities to the appropriate executive officer.

(7) Human resources will provide an annual report of all staff development leaves granted to the university affairs committee of the board of trustees at the committee's last scheduled meeting which precedes the final board of trustees meeting of a calendar year.

(E) Compliance and fraud. Staff failing to comply with leave policies and procedures may be denied use of leave and corrective action may be initiated. Requests for leave with the intent to defraud or falsification of leave documents may result in corrective action up to and including dismissal and reimbursement to the university of salary or wages paid during such leave.

Replaces: 3356:1-17-07

Effective: 8/21/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 11/23/87, 5/21/99, 6/16/03

3356-7-11 Civic leave with pay, excluded professional/administrative and excluded classified staff.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its leave programs, it provides for and encourages preventive healthcare; physical, emotional, and mental well-being; professional growth and development; and civic responsibility.

(B) Parameters.

(1) As provided in rule 123:1-34-03 of the Administrative Code and section 124.135 of the Revised Code, employees shall be granted civic leave with full pay and benefits when:

(a) Subpoenaed to appear before any court or other legally constituted body authorized to compel the attendance of witnesses, where the employee is not a party to the action;

(b) Summoned for jury duty by any court of competent jurisdiction; or

(c) The university appoints or approves an appointment to serve in an unpaid position on an advisory board or commission or to solicit for charities for which university payroll deductions are made. This policy does not apply to situations where employees are being compensated by a third party, i.e., expert witness testimony.

(2) Employees required to appear or serve for only part of a day for court or jury duty may be obligated to return to a scheduled work assignment following dismissal by the court.

(3) Employees who are appellants in any action before the state personnel board of review ("SPBR") and are in active pay status at the time of a scheduled hearing before SPBR may be granted civic leave with full pay and benefits for purposes of attending the hearing.

(C) Procedures.

(1) Employees shall provide written notification of civic leave to the supervisor as far in advance of the leave as possible. Documentation regarding the leave (e.g., a copy of the summons or subpoena) shall be attached to the notification.

(2) Employees may retain any money received as compensation or expense reimbursement for jury duty or court attendance compelled by subpoena.

(3) Employees covered by collective bargaining should refer to their respective agreement.

Replaces: 3356:1-17-08

Effective: 2/10/2014
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 8/26/86, 7/15/99, 6/16/03

3356-7-12 Military (uniformed service) leave.

(A) Policy statement. Youngstown state university recognizes the need to have a policy that addresses the employment and reemployment rights of full and part-time employees who serve in the military. It is the policy of the university to comply with the Uniformed Services Employment and Reemployment Act of 1994 ("USERRA"), as revised, and applicable state laws which protect job rights and benefits for veterans and members of the reserves.

(B) Purpose. The purpose of this policy is to demonstrate the university's support for its employees who are part of the uniformed services and to outline the rights and responsibilities of such employees.

(C) Scope. This policy applies to employees included in the paragraph (D) of this policy.

(D) Definition. As defined in section 5923.05 of the Revised Code, "Uniformed services means the armed forces; the Ohio organized militia, when engaged in active duty for training, inactive duty training, or fulltime national guard duty; the commissioned corps of the public health service; and any other category of persons designated by the president of the United States in time of war or emergency."

(E) Parameters.

(1) Employees defined in this policy are eligible for uniformed services benefits and reemployment rights in accordance with state and federal law.

(2) Leaves of absence for service in the uniformed services shall be granted in accordance with Chapters 5903. and 5923. of the Revised Code and Chapter 123:1-34 of the Administrative Code.

(3) Reinstatement and reemployment of employees in the uniformed services shall be in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 ( 38 U.S.C. 4301, et seq.) and Chapter 123:1-34 of the Administrative Code.

(4) Generally, permanent public employees, as defined in section 5923.05 of the Revised Code, who are members of uniformed services, as defined in paragraph (A) of this rule, are entitled to a leave with pay for such time as they are performing service in the uniformed services for up to one month days in any calendar year. Paid leave may not exceed one hundred seventy-six hours in any calendar year.

(5) Any permanent public employee called to the uniformed services for a period in excess of one month (one hundred seventy-six hours) because of an executive order issued by the president of the United States or because of an act of congress or because of an order to perform duty issued by the governor, pursuant to section 5919.29 or 5923.21 of the Revised Code, may receive during this period the difference between the employee's gross monthly wage or salary from the university and his/her gross uniformed service pay and allowances received in a particular month.

(6) Leave without pay will be granted in the event of voluntary or involuntary induction into uniformed service and in compliance with federal and state statutes.

(7) Employees on uniformed service leave without pay beyond thirty days have the right to elect continuation of health care coverage for up to eighteen months, but will be responsible for the full premium for the coverage elected. Employees on uniformed service leave without pay for up to thirty days will be given the option of making direct payments of the employee's share of the health insurance premium.

(8) Employees who accrue more than five years of cumulative uniformed service leaves of absence are excluded from university reemployment and fringe benefit rights, except as provided in 38 U.S.C. 4312, as amended.

Effective: 8/27/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 1/31/00, 6/16/03, 5/27/11

3356-7-13 Sick leave accrual, use and conversion, excluded professional/ administrative and excluded classified staff.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its leave programs, it provides for and encourages preventive health care; physical, emotional, and mental well-being; professional growth and development; and civic responsibility.

(B) Parameters.

(1) Professional/administrative and classified staff who are excluded from a bargaining unit earn fifteen days of sick leave per year. Said sick leave is accrued at the rate of five hours per semimonthly pay period for excluded professional/administrative staff and 4.6 hours per biweekly pay period for excluded classified staff.

(2) Professional/administrative and classified staff who are excluded from a bargaining unit may utilize up to four days of accrued but unused sick leave per fiscal year for personal reasons not necessarily associated with an illness or injury to the employee or an immediate family member.

(3) Sick leave may be accumulated without limit provided the employee remains in an active pay status at the university.

(4) Sick leave may be utilized for personal illness, injury or exposure to a contagious disease which could be communicated to other employees, and visits to, or treatments by, medical providers that cannot be scheduled outside the employee's normal work hours.

(5) Sick leave may also be utilized for an illness in the employee's immediate family and/or same sex domestic partner when the employee's presence is reasonably necessary for the health and welfare of the affected family member.

(6) Paid sick leave shall be used concurrently with Family and Medical Leave Act ("FMLA") in accordance with rule 3356-7-05 of the Administrative Code.

(7) At the time of retirement excluded professional/administrative staff that have completed ten or more years of active service or a combination of active university service, together with other state of Ohio units as specified by law, shall receive payment for one-fourth of the unused sick leave days up to a maximum of fifty days. Payment is based on the rate of pay at the time of retirement. Such payment will be made only once to an employee. After the employee accepts the payment, all remaining sick leave credit accrued will be eliminated. (Please see section 21.5 of the association of classified employees agreement regarding sick leave for excluded classified employees.)

(8) A retired employee who returns to university service may accrue and use sick leave as before, but cannot receive a second sick leave conversion payment.

(9) Sick leave conversion does not apply to any termination or separation other than retirement.

(10) Employees covered by collective bargaining should refer to their respective labor agreement.

(C) Procedures.

(1) Employees utilizing sick leave should notify their immediate supervisor as soon as possible regarding the necessity to utilize sick leave. To the extent such is possible, sick leave used for personal reasons is to be scheduled in advance.

(2) Employees are required to complete the appropriate sick leave form in advance of the leave, when possible or immediately upon return to work.

(3) Employees will forward the completed form to their immediate supervisor for approval/disapproval.

(4) The supervisor reviews and approves/disapproves the leave and forwards it to the office of human resources for processing and records retention.

Replaces: 3356:1-17-10

Effective: 2/4/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/26/86, 6/16/03, 8/21/10

3356-7-14 Maternity/parental leave - paid leave, excluded professional/ administrative staff.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. The university understands that supporting employees as they balance career, childbirth and family life benefits both the employee and the university. The policy allows for a specified period of paid leave following the birth or adoption of a child.

(B) Purpose. Under the provisions of this policy, the university will provide paid leave, at the employees current salary for up to six workweeks or two hundred forty hours, for pregnancy-related medical reasons, childbirth, and/or to care for and bond with a newborn or newly adopted child.

(C) Parameters.

Maternity/parental leave runs concurrently with the unpaid leave benefits provided in accordance with the Leave of Absence, Family Medical Leave Act ("FMLA"), (rule 3356-7-05 of the Administrative Code), and with the unpaid leave benefits provided in the "Leave of absence without pay, extended childcare, excluded professional/administrative staff (rule 3356-7-06 of the Administrative Code).

(D) Definitions.

(1) "Paid maternity leave" means a period of paid leave for up to six workweeks or two hundred forty hours for birth and adoptive mothers or same sex parent following the birth or adoption of a child. This paid leave is also available to birth mothers for pregnancy-related medical issues.

(2) "Paid parental leave" means three workweeks or one hundred twenty hours of paid leave for a biological/adoptive same sex parent not covered by paid maternity leave to care for and bond with a newborn/adopted child. This leave must be used within six months following the birth or adoption of a child. This leave may be scheduled on an intermittent basis with the approval of the supervisor and the chief human resources officer.

(3) "Adoption expense payment" means the payment of two thousand dollars for adoption expenses. Such payment may be requested upon approval of the adoption. An employee who adopts a child may elect to receive the adoption expense payment in lieu of receiving the paid maternity and parental leave.

(4) Paid parental leave also means three workweeks or one hundred twenty hours of paid leave following the maternity leave for mothers or same sex parent to care for and bond with the child. This leave must be used consecutively with maternity leave.

(E) Procedures.

(1) Paid maternity and parental leave shall be used prior to using sick leave, which may be used to extend the period of paid leave, but which also runs concurrently with unpaid leave in accordance with family medical leave (rule 3356-7-05 of the Administrative Code) or childcare leave (rule 3356-7-06 of the Administrative Code).

(2) Only one paid maternity and/or parental leave benefit is available per employee, per birth or adoption event. The number of children born, i.e., multiple births, or adopted during the same event does not increase the length of the paid leave.

(3) This paid leave benefit is based upon one hundred per cent full time equivalent ("FTE") and is prorated in accordance with the employee's percentage of FTE status.

(4) This policy applies only to employees who have completed at least one year of service prior to the date that paid maternity or parental leave is to commence. Employees who attain one year of service while on leave for the purpose of a birth or adoption of a child will be eligible for a pro-rated portion of the paid maternity and/or parental leave.

(5) When the use of paid maternity or parental leave is anticipated, the employee shall provide notice to his or her supervisor and to the chief human resources officer as far in advance as possible. The employee shall also submit an application for leave form at that time with anticipated dates of leave.

(6) The university will maintain all group insurance benefits for a fulltime employee who is on approved maternity or parental leave. The employee will continue to pay his or her portion of the insurance benefit contribution.

(7) Employees on paid maternity or parental leave continue to accrue sick and vacation leave.

(8) Employees on paid maternity or parental leave are ineligible to receive holiday pay. A holiday occurring during the leave period shall be counted as one day of maternity or parental leave and paid as such.

Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/21/10, 2/4/13

3356-7-15 Bereavement leave, excluded professional/administrative staff and department chairpersons.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its leave programs, it provides for and encourages preventive health care; physical, emotional, and mental well-being; professional growth and development; and civic responsibility.

(B) Purpose. To provide direction on the availability and appropriate use of bereavement leave by professional administrative staff and academic department chairpersons.

(C) Scope. This policy applies to excluded professional/administrative staff and academic department chairpersons.

(D) Definition. As used in this policy, immediate family is defined as the employee's spouse, children (including stillborn condition), daughters-in-law, sons-in-law, grandchildren, parents, parents-in-law, grandparents, spouse's grandparents, brothers, sisters, brothers-in-law, sisters-in-law, or legal guardian.

(E) Parameters.

(1) Up to four consecutive days of paid bereavement leave will be granted to members of the excluded professional/administrative staff and academic department chairpersons upon the death of a member of his/her immediate family.

(2) Members of excluded professional/administrative staff and academic department chairpersons may use one day of bereavement leave upon the death of the employee's aunt or uncle.

(3) Employees covered by collective bargaining should refer to their respective labor agreement.

(F) Procedures.

(1) Employees utilizing bereavement leave should notify their immediate supervisor as soon as possible.

(2) Employees will report the utilization of the leave on their electronic leave report upon return to work.

(3) Supervisors may require reasonable proof to verify the request for bereavement leave.

Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/21/10, 8/28/15, 10/10/16

3356-7-16 Emergency sick leave bank - excluded professional/ administrative and classified employees.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its leave programs, it provides for and encourages preventive healthcare: physical emotional, and mental well-being: professional growth and development: and civic responsibility.

(B) Parameters.

(1) For the purpose of this policy, the year is defined as the calendar year (January through December). Each full-time excluded employee who wishes to participate may donate the minimum amount of his/her accumulated sick leave required for participation to the excluded emergency sick leave bank ("EESLB") during the enrollment period. Enrollment periods will be from January first through January thirty-first of each year. New full-time excluded employees hired after the year has started will have four weeks in which to enroll. Participation is strictly voluntary. Donated leave time is not returnable. The donation amount can be greater than the established minimum amount.

(2) The EESLB is operated on a voluntary basis consistent with state law. A committee has been formed to administer the EESLB and to provide the information whereby the chief human resources officer, or designee, is able to maintain the records. The committee is empowered to adopt rules and regulations consistent with this policy and to make decisions required to administer the EESLB. The committee is titled the "YSU Excluded Emergency Sick Leave Bank Committee" (hereafter, the "EESLB Committee") and is composed of three bank members appointed annually as follows:

(a) One excluded professional/administrative member appointed by the provost.

(b) One excluded classified civil service member appointed by the vice president of finance and administration.

(c) The chief human resources officer or his/her designee.

(3) During its annual meeting, the EESLB committee chooses a chairperson from among its three members.

(4) If a vacancy occurs on the EESLB committee, a replacement for the vacant position is chosen by the authority responsible for making the appointment.

(5) The EESLB committee is responsible for developing any forms necessary to operate the EESLB.

(6) The EESLB committee annually reviews and amends (when necessary) the bank's rules and regulations. All members and potential members are notified of any changes before the beginning of the new enrollment period.

(C) Procedures.

(1) Use of days from the EESLB is limited to those individuals who have donated (and when necessary, as determined by the EESLB committee, continue to donate) to the bank. The EESLB committee meets each year during the month of November to establish the amount of donation for the forthcoming year. This amount may be zero if the EESLB committee determines there is sufficient balance in the bank for that year. During the year, the EESLB committee may declare an emergency and ask bank members to donate additional nonreturnable sick leave to keep the bank solvent. Such additional amounts will not count toward the following year's donation. Unused time from one year is advanced to the next.

(2) Use of days from the EESLB is limited to medical conditions of a non-routine nature. Use of days will not be considered in lieu of child care leave, for instance, but could be granted in cases of the inability of the employee to return to work after completion of child care leave due to medical complications after the birth of a child. Days from the EESLB may be requested for the use of the bank member and/or due to illness/injury of the member's spouse or dependent children or any other person in the bank member's immediate family. Immediate family shall be defined as father, mother, sister, brother, spouse, children, stepchildren, stepparents, parents-in-law, sons-in-law, daughters-in-law, brothers-in-law, sisters-in-law, grandparents, grandchildren, foster parents, foster children, legal guardian, any person who stands in place of a parent (loco parentis) or a domestic partner. A domestic partner is defined as a person of the same sex who, according to the employee's affidavit, has shared a committed, ongoing domestic relationship with the employee for not less than the continuous preceding twelve months. A physician's statement must accompany the application in order to be considered. The application form and physician's statement are to be forwarded to the chief human resources officer. Upon receipt of all information, the EESLB committee will normally make a decision within ten working days.

(3) Use of days from the EESLB will be considered only after the bank member has exhausted all of his/her paid leave days.

(4) The maximum number of days that a member may normally borrow is thirty days (two hundred forty hours). However, the EESLB committee may consider requests to borrow beyond this amount under extenuating circumstances as determined by unanimous vote of the committee.

(5) The decisions of the EESLB committee shall be final and binding. In the event the EESLB is disbanded, any unused time will be divided and equally distributed among the active current participating members.

Replaces: 3356: 1-17-55

Effective: 2/10/2014
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 2/10/14

3356-7-17 Emeritus status for faculty and professional/administrative staff (exempt and APAS).

(A) Policy statement. The university may confer the title "emeritus" upon retired faculty and professional/administrative staff members who have given long and meritorious service.

(B) Definition. The designation "faculty emeritus" or "administrator emeritus" is an honorary title conferred upon the retirement or death of faculty or staff members in recognition of extended meritorious service.

(C) Procedures.

(1) Emeritus status and president emeritus status is conferred upon retirement or death. Emeritus status provides an honorary title of either administrator emeritus or faculty emeritus, as well as the benefits set forth in this policy.

(2) Names of individuals and the information set forth in paragraph(D) of this policy recommended for the conferral of emeritus status are forwarded on the "Emeritus Status Recommendation" form from the retiring department or unit to the dean and provost or executive director and president. In the event of retirement or death of the university president, his/her name is forwarded to the board of trustees for approval. Emeritus status would be conferred and presented at the spring meeting of the board of trustees.

(3) Nomination of an individual to be considered for the conferral of emeritus status should be based upon the following factors: length of service (typically totaling more than ten years); the overall quality of that service; the contribution to the university; and the service to society beyond the university community.

(4) The vice president or provost forwards names of individuals nominated to the president who may recommend emeritus status be conferred and presented at the spring meeting of the board of trustees.

(5) Those retirees achieving emeritus status are granted the following privileges: full library privileges; email services; university identification card; opportunity to secure parking consistent with current university procedures; and the same educational benefits that are available to current employed faculty or staff at the time of application (See university policy 3356-7-17, "Fringe benefits, excluded professional/administrative employees fee remission program.")

(6) Those retirees achieving emeritus status also have the opportunity to: purchase reserved seats to intercollegiate athletic contests and performing arts events; utilize designated recreational facilities and wellness programs; attend certain alumni and university events, e.g., homecoming events, holiday breakfast, commencement, and honors convocation, and join the Youngstown state university retirees association.

(7) Retirees that attain emeritus status also have the opportunity to select one of two parking options. They may purchase a permit for designated lots or may choose to receive a free parking permit at the discretion of the university based upon availability.

(8) Those bargaining unit member retirees achieving emeritus status are granted the benefits in accordance with their collective bargaining agreement as well as any additional benefits provided herein.

Effective: 11/6/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 3/15/82, 11/21/88 8/15/98, 6/16/03 12/20/10

3356-7-19 Access to campus for purposes of commercial solicitation or advertising.

(A) Policy statement. University property is dedicated to the educational mission of the university. The university may prohibit the solicitation, distribution, and presentation of information to students and employees on campus and at other locations where university business is being conducted.

(B) Purpose. These procedures are designed to ensure that the university employees can perform their duties free from intrusions and work interruptions, and to safeguard the security of persons, facilities, and property.

(C) Scope. This policy applies to all facilities and property on the university campus or under the operating authority of the university and to solicitation and advertising. This policy does not apply to university-sponsored events, the YSU foundation, university-affiliated organizations, registered student organizations, or to vendors or business representatives who are provided goods or services procured by the university.

(D) Definitions. For purposes of this policy, "solicitation and advertising" (hereinafter collectively referred to as commercial solicitation) is defined as an attempt to publicize a commercial product, service, activity, or entity or raise funds through direct sale of merchandise, services, or donations, with or without products or services rendered. Also, any method of communication intended to market or induce support of such a product, service, activity, or entity will be considered commercial solicitation.

(C) Procedures. In general, commercial solicitation of goods or services that are in competition with the goods or services provided by the bookstore or other university facilities may not be conducted on university property.

(1) Activities by employees.

(i) Solicitation to or by employees is prohibited during either employee's work time. Specifically, solicitation by an employee of another employee is prohibited while either employee is on work time. Work time does not include meal periods, authorized rest breaks, or any other specific period of the day when the employees are not properly engaged in the performance of their work duties.

(ii) The use of university facilities, services, mail, email, fax or telephone by university employees for the purpose of solicitation not directly related to or endorsed by the university is prohibited.

(iii) Employees should consult rule 3356-7-25 of the Administrative Code regarding political activities of employees.

(2) Activities by non-employees/non-university organizations.

(i) An organization, business, or non-employee of the university wishing to engage in commercial solicitation on university property must request permission in writing five business days prior to the proposed visit. The request must be forwarded in writing to the vice president of finance and administration and must state:

(a) The name of the organization, business, or entity as registered with the Ohio secretary of state, if applicable;

(b) The purpose of the proposed visit;

(c) The desired time frame of the visit;

(d) A copy of materials to be distributed, if applicable;

(e) The names of all individuals that might be involved with the visit; and

(f) Contact information, including name, address, and phone number of the person having accountability for the activity.

(ii) The vice president of Finance and administration will review the request with the vice president of student affairs or other appropriate university administrator. Permission will be granted subject to reasonable time, place, and manner limits. When granting permission for commercial solicitation, the mission of the university will be considered as well as other activities and programs occurring during the requested time. A response to the request will be provided in writing no later than two business days after receipt of the request.

(iii) If the request is honored, specific parameters regarding access to the campus and communication and contact with university employees will be included in the response. The vice president of finance and administration, or his/her designee, will notify the university policy department of the approved request.

(iv) All persons and organizations accessing campus for this purpose are required to comply with all university policies, specifically rule 3356-7-45 of the administrative code, "Persona non grata" policy.

(v) Non-university individuals or groups are prohibited from using university facilities and services, including the internal campus mail system, unless authorized in writing by an appropriate university official.

(vi) For safety and security purposes, solicitations are prohibited in university parking lots, decks, and driveways.

Replaces: 3356:1-17-13

Effective: 6/4/2012
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/15/98, 6/16/03

3356-7-20 Drug-free environment.

(A) Policy statement. Youngstown state university ("university") is committed to creating a safe and healthy environment for its employees, students, and visitors. The university prohibits the unlawful manufacture, distribution, dispensation, possession, sale or use of illegal drugs, controlled substances, intoxicants, and alcohol by any student, employee, organization (including student organizations), volunteer or visitor on university premises, at any location where university business is being conducted, as part of any university activity, in a university vehicle, or in the workplace. Employees are prohibited from working and from operating any university vehicle or equipment while under the influence of alcohol or non-prescribed controlled substances. Employees using prescribed or over-the-counter medication are prohibited from operating university vehicles or equipment at any time when their ability to do so might be impaired by the medication. No passenger in a university vehicle may consume alcoholic beverages or use non-prescribed controlled substances while in the vehicle

(B) Purpose. This policy is designed to create and maintain an environment which sustains the general health and well-being of students, employees, and visitors and to comply with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. The authorized use of alcohol on university premises is governed by university policy 3356-5-10, "Alcoholic beverages on campus."

(C) Scope. This policy applies to all students, interns, faculty, employees (including student employees), volunteers, university visitors, third parties, (unless otherwise noted) and any individual or organization using university premises or engaged in a university activity or program whether on or off campus.

(1) As a recipient of federal funding, such as student financial aid and federal grants and contracts for research, the university is required to follow federal law, including the Controlled Substances Act ("CSA") ( 21 U.S.C. 13 ). The CSA prohibits the manufacture, dispensation, possession, use, or distribution of marijuana in any form on any university-owned property, in the conduct of university business, or as part of any university activity.

On September 8, 2016, Ohio law allowed certain activities related to the possession and use of medical marijuana. However, using and possessing marijuana, including medically prescribed marijuana, continues to be prohibited by and a violation of the CSA and university policy. This prohibition applies even when the possession and use would be legal under the laws of Ohio. As a result, those with medical marijuana prescriptions/cards are not permitted to use medical marijuana on campus, in the conduct of university business, or as part of any university activity. Sanctions for students and employees who are found to be in possession of or using marijuana include suspension, expulsion and/or termination of employment.

(2) This prohibition does not extend to research related to marijuana that is approved by:

(a) The agency for health care research and quality;

(b) The national institutes of health;

(c) The national academy of sciences;

(d) The centers for medicare and Medicaid services;

(e) The United States department of defense;

(f) The centers for disease control and prevention;

(g) The United States department of veterans affairs;

(h) The drug enforcement administration;

(i) The food and drug administration; and

(j) Any board recognized by the national institutes of health for the purpose of evaluating the medical value of healthcare services.

(3) Students who are legally authorized Ohio medical marijuana users and are living in university-owned or managed housing, may submit a letter with supporting documentation to the associate vice president for student experience asking to be released from their university housing and dining obligations.

(4) Students who are legally authorized Ohio medical marijuana users and are living in university-owned or managed housing, may not possess or use marijuana in these facilities. Any questions regarding medical marijuana and on-campus living may be directed to the associate vice president for student experience in Kilcawley center, room 2071 or email eihoward01@ysu.edu.

(D) Definitions.

(1) "University premise." Any building or land (including parking lots) owned, leased or used by the university including any site at which an employee is to perform work for the university.

(2) "University vehicle or equipment." Any vehicle or equipment owned, leased, or operated by the university.

(3) "Controlled substances." Include and are not limited to narcotics, depressants, stimulants, hallucinogens, cannabis, and any chemical compound added to federal or state regulations and denoted as a controlled substance.

(4) "Illegal drugs." A substance whose use or possession is controlled by federal or state law but is not being used or possessed under the supervision of a licensed health care professional.

(5) "Intoxicant." Any substance which can induce a condition of diminished mental and/or physical ability, excitement, irrational behavior or other physiological effects.

(6) "Random testing." Drug or alcohol testing that is conducted on employees chosen by random selection.

(7) "Reasonable suspicion testing." Testing based on specific, objective observations concerning the appearance, behavior, speech, or body odors of an employee including but not limited to slurred speech; dilated or pinpoint pupils; drowsiness or sleepiness; unusual or rapid changes in mood; unexplained work errors; impaired manual dexterity, coordination, or ability to reason; diversion of medications or upon verification of a drug or alcohol-related conviction; and self-disclosure of selling or taking drugs or alcohol.

(8) "Refusal to consent." Obstructing the collection or testing process; submitting an altered, adulterated, or substitute sample; failing to appear for a scheduled test; refusing to complete the requested testing forms; failing to promptly provide specimen(s) for testing when directed to do so and without a valid medical basis for the failure.

(E) Guidelines.

(1) All faculty, staff, volunteers, and student employees are required to report known or suspected violations of this policy to their supervisor, manager, or an appropriate administrator.

(2) This policy is subject to all applicable collective bargaining agreements and state law; however, no employee or bargaining unit may be exempted from application of this policy.

(3) Information and records relating to positive test results, drug and alcohol dependencies, and legitimate medical explanations provided by an employee or volunteer shall be kept confidential to the extent required by law and maintained in files separate form personnel files. Such records and information may only be disclosed among managers and supervisors on a need-to-know basis and may also be disclosed where relevant to a grievance, charge, claim or other legal proceeding.

(4) Voluntary submission for treatment of substance abuse problems will not subject employees or volunteers to disciplinary action or sanctions; however, submission for treatment shall not serve as a substitute for disciplinary action or sanction under this or any other university policy.

(5) Any employee, volunteer, or visitor who observes an individual unlawfully manufacturing, distributing, dispensing, using or possessing alcohol or possessing controlled substances on university premises shall be reported immediately to the university police. Off-site university programs or activities should contact campus police, security and/or local law enforcement.

(F) Procedures.

(1) Consistent with this policy, the office of human resources shall:

(a) Develop procedures for the implementation and monitoring of drug and alcohol testing program which may include contracting with outside entities to provide testing services;

(b) Inform all employees of the drug-free environment policy upon employment and ensure that the policy is accessible to all employees on the human resources website;

(c) Provide access to training for supervisors and managers; and

(d) Provide information on resources available through the university's employee assistance program ("EAP").

(2) Consistent with this policy, the office of student experience shall:

(a) Annually inform students of the university's drug-free environment policy;

(b) Provide alcohol and drug abuse awareness programing for students.

(3) Drug/alcohol testing.

(a) Pre-employment testing. Applicants for specific safety-related and other designated positions at the university will be drug/alcohol tested after receiving a final offer of employment and prior to beginning work. Applicants will be notified at the time of application that testing for drugs is a requirement of the employment process. Offers of employment are contingent on successfully passing a drug/alcohol test.

(b) Random testing. Performed for safety-related and other designated positions as required by law and pursuant to individual agreements. Employees in this group are subject to random testing as a condition of continued employment.

(c) Ordered testing. With the approval of the office of human resources, departments or units within the university can establish testing standards that are more rigorous than outlined in this policy (such testing is typically required by federal regulations, licensure boards, and other legal or regulatory entities).

(d) Reasonable suspicion testing.

(i) Reasonable suspicion testing may be ordered by a supervisor, chair, or other university administration only in consultation with the office of human resources employee and labor relations officer.

(ii) If the supervisor or manager is unclear that testing is merited, they should consult with the office of human resources employee and labor relations officer.

(iii) Where reasonable suspicion exists, the employee or volunteer shall be immediately relieved of duty pending the outcome of the testing. After an employee is sent for testing, the employee should be placed on administrative leave until further actions are taken.

(iv) Failure of a manager or supervisor to receive training on this policy shall not invalidate otherwise proper reasonable suspicion testing.

(v) Individuals testing positive should be referred to the university employee assistance program (EAP) for evaluation. The evaluation will determine and recommend if substance abuse treatment or education is appropriate and/or necessary. Employee and labor relations will review the recommendation and may determine that treatment is a requirement for any current employee who has an alcohol or drug problem that affects job performance.

(e) Post-rehabilitation testing. When an employee has had a confirmed positive test result or has been sent to a drug dependency program at the request of the university and will remain as a university employee, then as a condition of continued employment, the employee will be required to take and pass a follow-up drug test or tests during a period of up to two years after the employee's return to work.

(G) Self-disclosure of conviction by employee.

(1) Consistent with this policy and as required by the Drug Free Workplace Act of 1988, all employees, faculty, staff and volunteers are required to notify their immediate supervisor within five calendar days after any alcohol or drug-related conviction or finding of guilt, including a plea of nolo contendere occurring in the workplace. When a supervisor is so notified by an employee, the supervisor shall immediately notify the chief human resources officer.

(2) Within thirty days of such notice, the university will take appropriate personnel action against the employee, which may include corrective action, random testing requirements, notification of an appropriate licensing authority, and required participation in a drug abuse assistance or rehabilitation program.

(3) If the self-disclosure is from an employee engaged in the performance of work under a federal grant or contract the supervisor shall notify the associate vice president for research. The associate vice president for research shall notify the federal agency sponsoring the grant or contract within ten days after notification of the employee's conviction.

(H) Sanctions for violation or noncompliance.

(1) A refusal to consent to testing shall be considered as a violation of this policy.

(2) Corrective action may include discipline up to and including termination, required participation in an evaluation by EAP and/or follow-through with an education/treatment program. If an employee refuses to participate or does not satisfactorily complete a required education/treatment program, the employee may be subject to corrective action up to and including termination.

(3) Students violating this policy will be subject to disciplinary action in accordance with "The Code of Student Rights, Responsibilities, and Conduct (The Code)." Sanctions may include warning, probation, suspension, expulsion, or referral for prosecution.

(4) Employees violating this policy will be subject to disciplinary action in accordance with applicable collective bargaining agreements and/or other university policies and procedures. Sanctions may include warning, reprimand, suspension, removal or termination, or referral for prosecution. Employees violating this policy may also be required to participate in a drug or alcohol abuse assistance or rehabilitation program.

(5) Employees, students, volunteers, and visitors who violate this policy may be prohibited from accessing university premises, services, programs or events (see university policy 3356-7-45, "Persona non grata").

Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 5/21/99, 6/16/03, 5/27/11, 11/6/15

3356-7-21 Designation of movable university holidays.

(A) Policy statement. The board of trustees has been authorized by section 124.19 of the Revised Code to observe certain paid holidays on days other than their customary date of observance. Pursuant to state law, the board authorizes the president to move observance of these movable paid holidays to days that most favorably meet the needs of the university community.

(B) Parameters. The movable paid holidays include:

(1) Martin Luther King, Jr. day (third Monday in January).

(2) Presidents' day (third Monday in February).

(3) Columbus day (second Monday in October).

(C) Procedures.

(1) The president, on the recommendation of the provost, will designate which of the paid holidays will be moved to better meet the needs of the academic calendar.

(2) Annually, the office of human resources will distribute a complete listing of the paid university holidays to the board of trustees and members of the university community.

Replaces: 3356:1-17-15

Effective: 9/23/2012
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: PRIOR TO 11/4/77, 10/15/98, 6/16/03

3356-7-22 Employee health insurance programs.

(A) Policy statement. The board of trustees authorizes all of the university's employee health care insurance programs. This policy is intended to authorize participation in the medical, prescription drug, dental and vision plan options for professional/administrative and other non-bargaining employees of the university.

(B) Health care advisory committee. A health care advisory committee ("HCAC") with representation from all bargaining units and non-bargaining employees from each of the university divisions is established in accordance with the HCAC September 2011 policy and guidelines. The charge of the committee is to review and assess existing medical, dental, prescription drug, and vision benefit plan options and other cost-controlling measures.

(C) Plan design and benefit levels.

(1) Bargaining unit employees are eligible for medical, dental, prescription drug, and vision coverage in accordance with the applicable collective bargaining agreement.

(2) Eligible employees who are not covered by a collective bargaining agreement are eligible for medical, dental, prescription drug, and vision coverage as identified in the "Benefits" section of the website for the office of human resources at http://web.ysu.edu/hr/.

(D) Premium sharing.

(1) Bargaining unit employees who choose to enroll in the medical, prescription drug, dental or vision plan will be required to contribute toward the cost of coverage in accordance with the applicable collective bargaining agreement.

(2) Eligible employees who are not covered by a collective bargaining agreement and who choose to enroll in the university's health insurance plans will be required to share in the cost of coverage as follows:

(a) Employees will contribute, via payroll deduction, an aggregate of fifteen per cent of the funding level. Funding rates will be established for three tiers: the employee only, employee plus one dependent, and family (employee plus two or more dependents) contracts. A flat percentage of salary that is required for funding level to be reached will be identified each July first.

(b) Notwithstanding the foregoing formula, employees shall pay no more or no less than the following percentages of the funding rates effective July 1, 2015:

(i) Minimum of ten per cent, and

(ii) Maximum of twenty per cent.

(3) Payments shall be deducted in equal amounts from each eligible participant's semimonthly paychecks.

(E) Working spouse/coordination of benefits.

(1) As a condition of eligibility for coverage under the university's group medical and/or prescription drug plan (referred to as "university coverage"), if an employee's spouse is eligible for group medical and/or prescription coverage which is sponsored, maintained and/or provided by the spouse's current employer, former employer (if retirees), or business for self-employed individuals other than sole proprietors, collectively or individually, (referred to as "employer coverage"), the spouse must enroll for at least single coverage in his/her employer coverage unless he/she is entitled to medicare. The use of the word "spouse" in this policy refers to a legal spouse .

For purposes of this section, in instances where the spouse's employer makes no monetary contribution for employer coverage, such plans will not be considered to be employer coverage. This is intended to apply to situations in which the spouse is a current employee in a business but not to situations in which the spouse is a business owner, including partner of a company and/or firm, is a self-employed individual (other than a sole proprietor) in a business, or a retiree in a group medical and/or prescription drug insurance plan.

(2) The requirement of paragraph (E)(1) of this rule does not apply to any spouse who works less than twenty-five hours per week and is required to pay more than fifty per cent of the single premium funding rate or three hundred dollars per month, whichever is greater, in order to participate in employer coverage.

(3) An employee's spouse who fails to enroll in employer coverage, as outlined above, shall be ineligible for university coverage.

(4) Upon the spouse's enrollment in employer coverage, that coverage will become the primary plan and the university coverage will become the secondary plan, according to the primary plan's coordination of benefits and participation rules. Notwithstanding the foregoing, in the event the spouse is a medicare beneficiary and medicare is secondary to the university coverage and primary to the spouse's employer coverage, the university coverage will be the primary coverage. Sections 3902.11 and 3902.14 of the Revised Code shall govern the implementation and interpretation of these coordination of benefits rules.

(F) Upon becoming eligible, the employee's spouse must enroll in employer coverage unless he/she is exempt from this requirement in accordance with the exemptions stated in this policy.

(G) All employees choosing to enroll, whose spouse participates in the university's group medical and/or prescription drug insurance coverage, shall, upon request, complete and submit to the plan a written certification verifying whether his/her spouse is eligible for and enrolled in employer coverage. If any employee fails to complete and submit the certification form during the annual certification process, such employee's spouse will be removed immediately from university coverage. Any information not completed or provided on the certification form may be requested from the employee.

(H) If an employee submits false material information or fails to timely advise the plan via the chief human resources officer of a change in the eligibility of the employee's spouse for employer coverage within thirty days of notification of such eligibility, and such false information or failure results in the provision of university coverage to which the employee's spouse is not entitled, the employee's spouse will be disenrolled from university coverage. Such disenrollment may be retroactive to the date as of which the employee's spouse became ineligible for plan coverage, as determined by the administrator for the university coverage.

The administrator shall provide at least thirty days advance written notice of any proposed retroactive disenrollment. In the event of retroactive disenrollment, the employee will be personally liable to the applicable university coverage for reimbursement of benefits and expenses, including attorney's fees and costs incurred by the university coverage as a result of the false information or failure. Additionally, if the employee submits false information in this context, the employee may be subject to disciplinary action up to and including termination of employment.

(I) The details of the working spouse limitations and coordination of benefits requirements are available upon request from the human resource office.

(J) For purposes of salary deduction toward insurance premium cost sharing, families in which both spouses are employed by the university have the option either to be treated as only one employee, employee plus one or family coverage, or to select individual coverage and for each to pay the single salary share for premium.

(K) If one spouse/domestic partner works for the university and the other does not, the children remain on the university insurance. If both spouses work for the university and choose employee plus one or family coverage, the higher paid employee pays for the employee plus one or family coverage.

(L) An employee may opt out of health insurance benefits (medical, prescription drug, dental and/or vision) coverage upon submission of sufficient evidence, in accordance with the provisions of this rule, of such coverage from another source.

Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 5/21/99, 7/24/00, 6/16/03, 6/1/12, 8/31/15

3356-7-23 Collective bargaining and negotiations.

(A) Policy statement. Youngstown state university recognizes the right of eligible faculty and staff to be represented by an exclusive bargaining representative for purposes of collectively negotiating agreements defining the terms and conditions of employment. This recognition is extended solely to faculty and staff who are defined as "public employees" in section 4117.01 of the Revised Code.

(B) Purpose. To establish a framework for the professional and collegial negotiation of successor agreements with each bargaining unit that achieve the goals of both the university and bargaining unit members.

(C) Definitions.

(1) Division (D). F section 4117.01 of the Revised Code defines "public employees" as ".. .any person holding a position by appointment or employment in the service of a public employer, including any person working pursuant to a contract between a public employer and a private employer and over whom the national labor relations board has declined jurisdiction on the basis that the involved employees are employees of a public employer..." Exceptions applicable to colleges and universities include:

Confidential employees, management level employees, supervisors, students whose primary purpose is educational training, including graduate assistants or associates, residents, interns, or other students working as part-time public employees less than fifty per cent of the normal year in the employee's bargaining unit: and part-time faculty members of an institution of higher education.

(D) Procedures. The board of trustees of Youngstown state university within its fiduciary responsibility provides oversight of collective bargaining between the university and the bargaining units that represent employee groups. The board and university administration shall fulfill the following responsibilities within the collective bargaining process:

(1) The chairperson of the board of trustees or his/her designee will act as the sole spokesperson for the board of trustees on any matters related to negotiations.

(2) No later than nine months prior to the expiration of a given contract, the board of trustees will either designate a standing committee or appoint an ad hoc committee to which reports on collective bargaining and negotiations are made. This committee will provide the necessary authorizations for administration negotiations teams and will establish parameters for board of trustees' participation and communications for each negotiation.

(3) The administration will present to the designated committee for its review and consideration the administration's recommendations for membership of the university negotiation team, the chief negotiator, the role of legal counsel and bargaining approach (e.g., traditional versus interest-based). The administration will also provide overviews of issues and outcomes of past negotiations, internal and external contexts, financial parameters, and university goals and priorities as well as anticipated bargaining unit goals and priorities.

(4) The designated committee will review overall financial parameters for each negotiation and any changes to those parameters during the course of each negotiation.

(5) During each negotiation, the administration will update the designated committee on overall progress, university and bargaining unit positions, proposed draft language, tentative agreements, and new issues.

(6) When a final tentative agreement is reached, and after legal review, the administration will provide to the designated committee a summary of major changes to the agreement and a complete redline version of the proposed agreement, including all appendices typically at least one week in advance of the scheduled meeting.

(7) The designated committee, if a standing committee, will recommend action on the proposed agreement to the full board of trustees; if an ad hoc committee, will recommend action to the university affairs committee, who will recommend action to the full board of trustees.

(8) The board of trustees must ratify all final collective bargaining agreements.

(9) At the conclusion of each round of negotiations, the designated committee will prepare recommendations to guide the next round of negotiations.

(10) It is the responsibility of human resources to inform those members of the faculty or staff who are not included in collective bargaining representation because of the nature of their position.

Replaces: 3356:1-17-17

Effective: 8/21/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 2/2/84, 5/21/99, 6/16/03

3356-7-24 Recognition, publication, and support of employee degrees.

(A) Policy statement. The university recognizes only credits and degrees awarded by regionally accredited or other U.S. department of education-approved post-secondary institutions in the United States or by equivalent foreign institutions.

(B) Purpose. These procedures are designed to help assure that the university employs qualified individuals, to assure that employees' qualifications are accurately presented to the public, and to ensure that university-supported employee study toward degrees is undertaken at accredited institutions in appropriate fields. Employees covered by collective bargaining may also refer to their respective labor agreements.

(C) Definitions.

(1) Accredited postsecondary institutions: Those institutions identified by one of the seven regional institutional accrediting agencies or other appropriate professional organizations recognized by the U.S. department of education as meeting certain academic standards and expectations. A database of such institutions is available on the website of the council for higher education accreditation ("CHEA").

(2) Equivalent foreign institutions: Institutions, typically recognized by a national ministry of education or an appropriate agency of the provincial (or state) government approved by the provost/vice president for academic affairs. In determining whether a foreign institution is equivalent, the provost/vice president for academic affairs may appoint a committee to make a recommendation or consult the regional accrediting agencies and other organizations, such as the American association of collegiate registrars and admissions officers ("AACRAO") .

(D) Procedures.

(1) Verification of credentials.

(a) The academic department chairperson or department/unit supervisor forwarding recommendations for employment for which a degree is required must include an official transcript of the candidate's academic preparation. The transcript must show a pattern of academic preparation appropriate to the position for which employment is recommended.

(b) Upon receipt, the dean/executive director will review the recommendation for employment and supporting materials. If appropriate, these materials will be forwarded to the applicable vice president for approval.

(c) Upon approval of an appointment, the applicable vice president will forward the official transcript and supporting materials to the office of human resources.

(d) The office of human resources will verify that the transcript is from an accredited post-secondary institution or equivalent foreign institution. Upon verification, a letter of appointment and related information will be initiated.

(e) The office of human resources will maintain the official record of the degrees held by each employee. The record will be changed only by request of the applicable vice president upon receipt of an official transcript from an accredited postsecondary institution or equivalent foreign institution.

(f) Only those degrees officially recorded by the office of human resources may be listed for any employee in any university publication.

(g) When listing degrees and degree-granting institutions:

(i) Names of institutions shall be listed as they were at the time the degree was earned.

(ii) Degrees from foreign institutions shall appear in untranslated form.

(iii) Degrees shall appear as worded on the official transcript or diploma.

(2) Application for support to complete an advance degree.

(a) In advance of making application, employees interested in receiving support to pursue further education must consult with the department chairperson/director regarding the intended field of study and institution they expect to attend. The office of human resources will verify that the employee is eligible for benefits and that the program of study will be pursued at an accredited postsecondary institution or equivalent foreign institution and is in a field appropriate to the employee's teaching assignment or area of responsibility. Exceptions may be granted under certain circumstances, e.g., an employee retraining for a different teaching field or area of responsibility.

(b) If there is agreement regarding the institution and field of study, the employee will submit a written proposal to the department chairperson/director identifying the institution and the field of study.

(c) The department chairperson/director will forward the employee plan to the dean/executive director for review. If appropriate, the plan is then forwarded to the applicable vice president for approval.

(d) The employee has a responsibility to keep the department chairperson/director apprised of progress being made toward the completion of the plan.

(e) Upon completion of the plan and the attainment of a degree, the employee must submit an official transcript verifying the degree to the office of human resources, which maintains the official record of degrees for employees.

Effective: 4/23/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 5/21/99, 6/16/03, 8/21/10

3356-7-25 Political activities of employees.

(A) Policy statement. The university supports employee participation in political activities as an important component of the democratic process. Standards of personal and professional ethics, applicable laws and regulations, appropriate utilization of resources, and the best interest of the university govern such participation.

(B) Parameters.

(1) University employees are free to express political opinions; however, such expression cannot imply official university endorsement, sanction, or action.

(2) Faculty and professional/administrative staff are free to run for, or hold, an elective office or serve in an appointed office insofar as the process of attaining and holding such office does not infringe upon fulfillment of responsibilities as employees of the university.

(3) Section 124.57 of the Revised Code prohibits classified employees from engaging in certain political activities, including soliciting or receiving political contributions or participating in certain partisan activities. Rule 123:1-46-02 of the Administrative Code sets forth guidelines regarding prohibited and permitted political activity for classified employees.

Replaces: 3356:1-17-22

Effective: 5/27/2011
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 5/21/99, 6/16/03

3356-7-26 Nepotism and potential conflicts in employment situations.

(A) Policy statement. The university fosters an environment in which all individuals are treated with mutual respect and trust. Employment practices are designed to ensure fair and equitable treatment for all employees, as well as creating confidence in the integrity of the hiring process. Employment practices that may provide unfair advantage, real or perceived, because of personal relationships or positions of influence are prohibited. Employees may not authorize, or use the authority or influence of their position to authorize, any of the employment practices as defined herein for the benefit of a family member or business associate.

(B) Definitions.

(1) Nepotism is the practice of applying favoritism, without regard to merit, through authority or influence by someone in a position of power or authority toward family members or other for whom the employee has a relationship or is legally responsible. Favoritism is shown by giving preferential treatment in any employment practice to family members as defined in this policy.

(2) Employment practices include: the ability or power to effectively hire, transfer, suspend, lay off, recall, promote, discharge; assign or reassign duties; reward, discipline, or influence grievances/appeals.

(3) Family members are defined as: parents, grandparents, children of any age, grandchildren, spouse, or siblings (regardless of where these family members reside) and anyone to whom he or she is related by blood or marriage (aunts, uncles, nieces, nephews, cousins, and in-laws) and who is also residing in the same household with the employee.

(4) University officials include: members of the board of trustees, executive officers, administrative officers, and other employees in a position to in any way affect employment practices.

(5) Business associate includes: any individuals, companies, or organizations with which the official is acting together to pursue a common business purpose. Examples would be partners in a partnership, co-owners of a business, an outside employer, and co-members of an LLC.

(C) Parameters.

(1) Employment practices are fundamentally based on the fulfillment of appropriate qualifications and performance standards. Thus, while there is no prohibition of family members and business associates being employed simultaneously at the university, there are restrictions as to whether an employee may authorize employment practices that directly affect another family member or business associate.

(2) Division (A)(1) of section 2921.42 of the Revised Code provides that no public (university) official shall knowingly authorize or employ the authority or influence of his/her office to secure authorization of any public contract in which he/she, a family member, or any business associates has an interest. Violation of this section may constitute a felony.

(3) University officials have the responsibility to exercise their control, influence, or authority in a manner that maintains confidence in the integrity of the university's administrative and personnel decision-making. This responsibility includes avoiding the appearance of a conflict of interest between personal and university interests (see rule 3356-7-01 of the Administrative Code).

(4) University officials shall not attempt to influence an employment practice that directly affects a family member or business associate.

(5) Normally the university will not hire, transfer, promote, or employ family members in such capacity in which they would directly supervise or be in a position to initiate or participate in institutional decisions involving direct benefit to a family member. However, should that occur, the conflict must be disclosed and the university should determine the action steps to be taken to manage the conflict. The employee should apprise the supervisor and in consultation with the appropriate dean/vice president and chief human resources officer, resolve the situation and avoid the conflict.

(6) If a relationship develops during the course of employment that would create a conflict, the appropriate supervisor, in consultation with the appropriate dean/vice president and the chief human resources officer, will confer with the individuals involved to resolve the situation and avoid the conflict.

(7) In rare and unusual situations when it is determined to be in the best interest of the university, exceptions may be made. Such exceptions are to be made through the provost or appropriate vice president and with the approval of the president.

(D) Procedures.

(1) The university requires full disclosure of any relationship as defined above at the time of application or at any time that such a relationship might occur during the course of employment.

(2) Employees maintain an obligation to ensure that all employment practices are based on appropriate professional qualifications and performance standards.

(3) If there is any indication, real or perceived, that employment practices may be contrary to these parameters or procedures, it is the responsibility of the employee to bring the situation to the attention of the immediate supervisor.

(4) Upon receiving notification of such possible influence, the immediate supervisor and appropriate dean/vice president will consult with the chief human resources officer.

(5) An employee who violates this policy may be subject to disciplinary action and the employment practice may be reversed.

Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 1/31/00, 6/16/03, 5/27/11, 8/5/16

3356-7-27 Distinguished service awards, full-time excluded professional/administrative staff and full-time classified excluded staff.

(A) Policy statement. Youngstown state university ("university") recognizes employees for outstanding performance of duties that contributes to the good of the university and grants awards for such achievement.

(B) Parameters.

(1) Up to four awards may be granted annually to full-time excluded professional/administrative staff whose performance at the university has been identified as outstanding.

(2) Full-time excluded professional/administrative staff award recipients shall receive two thousand dollars, a stipend of one thousand dollars, and one thousand dollars added to the individual's base salary in the following contract year.

(3) One award may be granted annually to a full-time excluded classified employee whose performance at the university has been identified as outstanding.

(4) A full-time classified excluded award recipient shall receive a cash award of one thousand four hundred dollars.

(5) The president, provost, vice presidents, deans, and executive directors are not eligible for consideration for distinguished service awards.

(C) Procedures.

(1) To be eligible to receive a distinguished service award, an individual must be nominated during the "Call for Nominations" process, which is annually initiated in January.

(2) Staff members, faculty, students, or alumni may make nominations.

(3) The provost and each vice president will appoint a person from each division to serve as a committee to review nominations and recommend award recipients.

(4) The committee will seek written input of the supervisors of all persons nominated for an award.

(5) The names of the award recipients recommended by the committee will be forwarded to the office of human resources.

(6) Announcement and presentation of the awards occurs at the annual staff awards dinner.

(7) Annually a list of all recipients of the distinguished service award will be presented to the university affairs committee of the board of trustees.

Effective: 10/10/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 3/4/88, 5/21/99, 6/16/03, 12/20/10, 8/5/16

3356-7-28 President's leadership merit award.

(A) Policy statement. The university recognizes employees for outstanding performance of duties and grants awards for such achievement.

(B) Definitions.

(1) Executive officers of the university are the president, provost, and vice president for academic affairs, vice president for finance and administration, vice president for student affairs, and vice president for university advancement.

(2) Administrative officers of the university include the college deans, dean of graduate students and research, executive directors, associate provosts, chief human resources officer, and chief technology officer.

(C) Parameters.

(1) The leadership merit award for outstanding service and commitment to the university is typically presented during the regular June meeting of the board of trustees.

(2) All executive and administrative officers of the university, except the president, are eligible to receive this award. In recognition of exceptional service and commitment, the president may select other members of the university community to receive this award.

(3) Each award carries a stipend of three thousand dollars.

(D) Procedure. Prior to making the award, the president will share the name of the recipient with the internal affairs committee of the board of trustees for information, discussion, and approval.

Replaces: 3356:1-17-25

Effective: 12/20/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 7/15/99, 6/16/03

3356-7-29 Classified exempt distinguished service award.

(A) Policy statement. One award is granted annually to a full-time exempt classified employee whose performance at the university has been identified as outstanding. Recipient shall receive a cash award of fourteen hundred dollars.

(B) Procedures.

(1) To be eligible to receive a distinguished service award, an individual must be nominated during the "call for nominations" process, which is annually initiated in February.

(2) Staff members, faculty, students, or alumni may make nominations.

(3) The provost and each vice president will appoint a person from each division to serve as the committee to review nominations and recommend award recipients.

(4) The committee will seek written input from the supervisors of all persons nominated for an award.

Effective: 3/23/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-7-30 Fringe benefits, full-time professional/administrative employees (exempt).

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees and to ensure the ability to recruit and retain high quality employees. Through its various fringe benefits packages, it offers employees incentives to pursue additional education, to take advantage of events, activities and performances offered, and to otherwise enhance each employee's standard of living.

(B) Parameters. The university may provide these and other fringe benefits for full-time professional/administrative employees:

(1) Discount programs. Employees may receive discounts for the purchase of athletic and theater tickets and for bookstore purchases for the personal use of employees and their immediate family as follows:

(a) Athletic and theater tickets - fifty per cent discount;

(b) Bookstore purchases - twenty per cent discount for purchases over five dollars.

(2) Use of university facilities. Employees may use the resources of the Maag library and campus recreational facilities and areas during normal hours of operation when the use does not conflict with scheduled activities.

(3) Parking program. All persons who operate or expect to operate a motor vehicle on university property must obtain and display a valid Youngstown state university parking permit. Permits are provided by the university. Further, any person who operates a motor vehicle on university property is expected to abide by the university traffic and parking rules and regulations.

(4) Retirement programs.

(a) State teachers retirement system ("STRS") is a state retirement system that offers both a defined benefit and a defined contribution plan for members of the faculty.

Participation involves contributions from the individual and the university based upon annual gross salary.

(b) The employee contribution to the defined contribution plan, STRS Ohio alternative retirement plan ("ARP"), will be in an equal amount as for the defined benefit plan. The university will contribute for each eligible employee electing to participate in the STRS Ohio ARP an amount equal to the amount that would have been contributed to the defined benefit plan. STRS may apportion some amount of the university's contribution to the STRS defined benefit plan.

(c) Public employees retirement system ("PERS") is a state retirement system which is a defined benefit plan for nonteaching employees. Participation involves contributions from the individual and the university based upon annual gross salary.

(5) Deferred compensation program. Eligible employees who are members of PERS and STRS may participate in the Ohio public employees deferred compensation program. Under this program, eligible employees may defer a portion of their income from current liability for state and federal taxes via available investment options.

(6) Tax-deferred annuity program.

(a) Eligible employees may elect to defer a portion of their income to an annuity contract or custodial account within the provisions of the Internal Revenue Code.

(b) The university assumes no responsibility regarding the advisability or appropriateness of any annuity contract or custodial account or for any tax consequences resulting from such investments.

(C) Employees who are members of a bargaining unit are provided with fringe benefits in accordance with the terms and conditions of the appropriate collective bargaining agreement.

(D) The chief human resources officer is authorized to develop procedures to implement these benefit programs.

Replaces: 3356:1-17-27

Effective: 5/27/2011
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 7/15/99, 1/31/00, 1/6/03, 6/16/03

3356-7-31 Fringe benefits, excluded professional/administrative employees fee remission program.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its various fringe benefits packages, it offers employees incentives to pursue additional education, to take advantage of events, activities and performances offered, and to otherwise enhance each employee's standard of living.

(1) Tuition or fee remission eligibility. University employees are eligible to be granted remission of instructional and general fees at the university, including out-of-state fees, where applicable. Dependent children and spouses are eligible to be granted remission of instructional fees at the university, including out-of-state instructional fees, where applicable. Children, for purposes of this policy, are the biological children, legally adopted children, stepchildren, or children for which the employee has been granted a legal guardianship. Details of the fee remission program may be found at https://cfweb.cc.ysu.edu/finaid/Fee_Remission/app_remission.cfm.

(B) Parameters.

(1) The employee will be required to produce sufficient documentation as requested by the university, such as copies of marriage licenses, birth certificates, and certificates of adoption or legal guardianship to assist the university in determining that the child or spouse is eligible for fee remission. Employees must also complete the university's application/ affidavit in order to receive tuition remission.

(2) Instructional and general fees remission for up to eighteen semester hours per academic year and six semester hours each summer session are available to full-time and .75 full-time equivalent ("FTE") employees.

(3) Instructional fee remission is available for spouses of full-time and .75 FTE employees.

(4) Instructional fee remission is available for full-time and .75 FTE employees' dependent children to the end of the academic year during which the dependent child reaches age twenty-five.

(5) Instructional and general fees remission are available for former full-time and .75 FTE employees who are retired, their spouses, and dependent children (to the end of the academic year during which the dependent reaches age twenty-five).

(6) Dependent children of an employee who dies are eligible for fee remission of instructional and general fees until they reach the end of the academic year during which the dependent child reaches age twenty-five.

(7) A surviving spouse of an employee who dies is eligible for remission of instructional and general fees as long as the spouse remains unmarried. A stepchild of an employee who dies is eligible for fee remission only as long as the surviving spouse of the deceased employee remains unmarried.

(8) A part-time employee whose appointment equals at least .5 FTE, but is less than .75 FTE, receives remission of one-half of the instructional and general fees for up to six semester hours during the fiscal year of employment.

(9) Fee remission is available to eligible employees enrolling in classes bearing Youngstown state university credit (including classes audited).

(C) Procedures.

(1) Enrollment in classes is restricted to times that do not interfere with the performance of an employee's assigned duties and responsibilities. Supervisors may make exceptions to this restriction provided that there is no adverse impact on the operational needs of the work unit and arrangements have been made for the employee to make up any missed work time. An employee wishing to enroll in a university class that is offered during normal work hours must initiate a discussion and obtain approval of the matter from their appropriate department chairperson or department/unit supervisor well in advance of the class registration period.

(2) If the discussion results in a decision that such enrollment will not interfere with the performance of assigned duties and responsibilities, the employee may proceed to register for the class. The employee and supervisor shall come to a written understanding as to how the employee will attend class and work his/her required number of hours.

(3) Employees are required to complete a tuition remission form and forward it to the office of human resources prior to taking advantage of the fee remission benefit for each academic term. Tuition remission forms are available on the office of human resources website or from the office of financial aid and scholarships.

(4) The office of human resources will certify eligibility of the applicant and forward the form to the office of financial aid and scholarships for processing.

(5) Employees covered by collective bargaining should refer to their respective agreement.

Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 5/27/11, 2/4/13

3356-7-32 Fringe benefits, non-credit continuing education fee remission.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its various fringe benefits packages, it offers employees incentives to pursue additional education; to take advantage of events, activities and performances offered; and to otherwise enhance each employee's standard of living. University employees who are in a bargaining unit should refer to their collective bargaining agreement for information regarding eligibility for continuing education fee remission.

(B) Continuing education fee remission eligibility.

Full-time and three-quarter part-time employees shall be entitled to instructional fee remission twice per calendar year for non-credit continuing education courses offered through the university's metro college.

(C) Parameters.

(1) An eligible employee's spouse and dependent children shall each be entitled to instructional fee remission once per calendar year for such non-credit continuing education courses, provided there is an enrollment slot available above and beyond the enrollment level required to fund the course.

(2) Charges for materials, facilities, texts, and consumable or other non-instructional items are the responsibility of the enrollee and shall be payable at the time of registration.

(3) The responsibility for making a determination regarding the required enrollment level in any given course rests with the university.

(D) Procedures.

(1) Eligible employees or dependents are required to make application in advance of enrollment on a form provided by the Metro college office of university outreach and in accordance with established deadlines.

(2) Enrollment in classes is restricted to times that do not interfere with the performance of an employee's assigned duties and responsibilities. Supervisors may make exceptions to this restriction provided that there is no adverse impact on the operational needs of the work unit and arrangements have been made for the employee to make up any missed work time. An employee wishing to enroll in a non-credit continuing education class that is offered during their normal work hours must initiate a discussion and obtain approval of the matter from their appropriate academic department chairperson or department/unit supervisor well in advance of the class registration period.

(3) If the discussion results in a decision that such enrollment will not interfere with the performance of assigned duties and responsibilities, the employee may proceed to register for the class. The employee and supervisor shall come to a written understanding as to how the employee will attend class and work his/her required number of hours.

(4) In addition to the registration form, employees are required to complete a Metro college employee remission form and forward it with the registration form. Employee remission forms are available on the Metro college website: http://web.ysu.edu/metro/.

Replaces: 3356:1-17-29

Effective: 12/27/2012
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 7/15/99, 6/16/03

3356-7-33 Fringe benefits to part-time faculty.

(A) Policy statement. The university is committed to employment practices that promote the health and welfare of its employees. Through its various fringe benefits packages, it offers employees incentives to pursue additional education, to take advantage of events, activities and performances offered, and to otherwise enhance each employee's standard of living.

(B) The university may provide these and other fringe benefits for part-time faculty:

(1) Sick leave. Per section 124.38 of the Revised Code and rules 123:1-32-03, -04, and -05 of the Administrative Code, part-time faculty members earn sick leave at the rate of 4.6 hours for each eighty hours of service (equates to .0575 hours per workload hour per week).

(2) Fee remission. Part-time faculty who teach two or more workload hours in a given semester at the university receive remission of one-half of the instructional fee for up to three credit hours per term, regardless of the number of hours taught. The maximum benefit per academic year cannot exceed nine credit hours. Credit hours may be accrued and used during the fall and spring semesters of an academic year and the summer term that follows spring semester. The office of financial aid and scholarships administers this program.

(3) Parking. Part-time faculty will be given a parking permit that entitles them to use university parking facilities for any term they teach. Permits may be obtained from the office of parking services.

(4) Retirement. Part-time faculty are enrolled in the state teachers retirement system ("STRS"). Participation involves contributions from the individual and the university based upon annual gross salary. The part-time faculty member's service during any academic year is reported to STRS on a prorated basis in which forty workload hours are the equivalent of one year of service.

(5) Discounts. Part-time faculty receive a discount of twenty per cent on all purchases of five dollars or more at the university bookstore with the presentation of a valid identification card. They also receive discounts on tickets to intercollegiate athletic events and the university theater.

(6) Facility use. Part-time faculty are entitled to use Maag library and the recreational facilities in Beeghly center and Stambaugh stadium. A valid identification card is required.

(7) Further information about part-time faculty can be found in the current edition of the "Part-Time Faculty Manual." Copies are available on the office of the provost's website: http://web.ysu.edu/provost/.

(8) Employees covered by collective bargaining are referred to their respective agreement.

Replaces: 3356:1-17-30

Effective: 2/4/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 5/27/11

3356-7-34 Outside consulting services - excluded professional/ administrative staff, including deans and chairs.

(A) Policy statement. University staff are expected to primarily devote their work activities to their assigned university work responsibilities. They may, however, engage in consulting services with outside entities or individuals and receive compensation for such services provided that the services do not interfere with the performance of their assigned university responsibilities, create a conflict of interest, or violate university policy or Ohio ethics laws. Such consulting services benefit the entities or individuals receiving such services and also help to broaden the experience base and enhance the professional stature of the person offering the service, and expand and enrich the reputation of the university.

(B) Purpose. The purpose of this policy is to establish guidelines which allow staff to engage in consulting activities with outside entities or individuals while continuing to fulfill their work responsibilities and commitment to the university.

(C) Definition. In general, "consulting" is defined as professional activity related to the person's field or discipline, where a fee-for-service or equivalent relationship with a third party exists.

(D) Parameter. Excluded professional/administrative staff earn leave may use vacation or personal leave for the purpose of providing off-campus consulting services appropriate to their university position, professional expertise, or academic discipline. Exempt professional/administrative staff may use off-duty periods to perform consulting; however, all applicable forms and approval requirements under this policy remain in effect.

(E) Procedures.

(1) Excluded professional/administrative staff considering service as a consultant should first discuss their interest with their immediate supervisor. This preliminary discussion should include the impact such service may have on duties and assignments and the anticipated time commitment and length of service. If there is agreement that the service may be pursued, the staff member must fully complete the professional/administrative staff outside consulting form and submit the form to his/her supervisor for approval/disapproval. Generally, the form should be submitted to the supervisor at least thirty days prior to the time when consulting services are to begin.

(2) If the supervisor supports the request, an endorsed copy of the request is forwarded to the next level. This process continues until the request, with endorsements, is received by the provost or appropriate vice president. The form shall be retained in the office of human resources.

(3) Final approval for authorization is the provost or appropriate vice president.

(4) University facilities, supplies, equipment, and resources, including letterhead (collectively referred to as "resources") may not be utilized when providing consulting services without appropriate compensation and prior written approval of the vice president for finance and administration and the provost or appropriate vice president. A staff member may not use the university name or the fact that they are affiliated with the university in a manner that suggests that the university approves the product or service that is the subject of the consulting or that would suggest university involvement or approval of the consulting activity, purpose, or findings.

(5) Excluded professional/administrative staff providing consulting services should refer to rules 3356-7-01, 3356-7-18, and 3356-5-12 of the Administrative Code.

Effective: 10/10/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 1/31/00, 6/16/03

3356-7-35 Multiple-year contracts for executive level officers, administrative officers, and other designated professional/administrative staff.

(A) Policy statement. To provide for institutional stability, the university may, with approval of the board of trustees, issue initial multiple-year contracts (not to exceed three years in length) to executive level officers, selected administrative officers, and designated professional/administrative staff and may renew such contracts for the same or lesser term.

(B) Purpose. To provide guidelines for the issuance, renewal, and nonrenewal of multiple-year employment contracts for executive level officers and selected administrative officers and designated professional/ administrative staff positions.

(C) Scope. This policy applies only to those positions defined within this policy.

(D) Definitions:

(1) "Executive level officers" of the university (see rule 3356-9-01 of the Administrative Code) include:

(a) Provost/vice president.

(b) Vice presidents.

(2) "Administrative officers" of the university (see rule 3356-9-02 of the Administrative Code) include:

(a) Deans.

(b) Associate vice presidents.

(3) "Designated professional/administrative staff" position denotes other positions designated by the president with the approval of the board of trustees. (These positions may include executive directors, associate provosts, and directors.)

(E) Parameters.

(1) Executive level officers, selected administrative officers and designated professional/administrative staff receive initial employment contracts not to exceed three years. Such contracts may be renewed for a term not to exceed three years upon the recommendation of the president and the approval of the board of trustees.

(2) A minimum of ninety days notification regarding nonrenewal of annual and/or multiple-year contracts will be provided by the university.

(3) The president of the university and athletic coaches may also receive multiple-year contracts in accordance with rules 3356-9-08 and 3356-7-36 of the Administrative Code.

(4) Executive level and selected administrative officers are evaluated annually (see rules 3356-9-01 and 3356-9-02 of the Administrative Code). Other designated professional/administrative staff are annually involved in an administrative review process.

(5) The president shall present to the board of trustees other appointment plans for specific individuals when it is in the best interest of the university.

(6) The president shall annually provide a list of all employees receiving a renewal notification and/or a subsequent multiple-year contract for the approval of the board of trustees.

(F) Procedures.

(1) The length of the contract offered to executive level officers, selected administrative officers, and other designated professional/ administrative staff is determined during the recruitment and selection process.

(2) The process of selection and evaluation of university president is described in rule 3356-9-08 of the Administrative Code.

(3) The process of selection and evaluation of executive level officers is described in rule 3356:9-01 of the Administrative Code.

(4) The process of selection and annual evaluation for administrative officers is described in rule 3356-9-02 of the Administrative Code.

(5) The process of selecting other professional/administrative staff is described in rule 3356-2-02 of the Administrative Code.

(6) Coaches in intercollegiate athletics are covered by rule 3356-7-36 of the Administrative Code.

Replaces: 3356-7-35

Effective: 8/28/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 8/21/10, 3/10/14

3356-7-36 Hiring and selection process, contracts and compensation for intercollegiate athletic coaches.

(A) Policy statement. The university seeks to attract and retain highly qualified intercollegiate athletic coaches. During the hiring process, the university is committed to the principle of gender equity, equal opportunity and diversity in filling each coaching vacancy. The university also affirms the principle of merit-based salary adjustments that are directly associated with positive competitive results as evidenced by the performance evaluation. Additionally, periodic market surveys will be conducted for coaching positions to ensure that salaries remain competitive. Further, certain coaches as professional/administrative staff may be eligible for multiple year contracts of employment.

(B) Parameters.

(1) General:

(a) While intercollegiate athletics coaches in all sports are in the university's professional/administrative staff category, this policy is intended to establish unique hiring and selection processes and compensation programs.

(b) Contracts for coaches of fall term sports other than football will terminate on January thirty-first, contracts for football coaches will terminate on the last of February, contracts for coaches of winter sports (men's and women's basketball, swimming, and diving) will terminate on April Thirty and contracts for spring term sports (baseball, softball,track, tennis, and golf) will terminate on June Thirty .

(c) When it is in the best interest of the university, the president, upon the recommendation of the executive director of intercollegiate athletics, may present other appointment plans for specific coaches to the internal affairs committee of the board of trustees.

(2) Hiring and selection process:

(a) Advertising to fill athletic coaching positions of the university will be done in a manner that will provide an opportunity for a diverse pool of candidates to apply. Regardless, expediency in posting and hiring is a requisite in filling coaching positions due to the unique nature of the coaching profession.

(b) An individual will be selected from an applicant pool obtained as a result of a publicly posted position vacancy and a search process.

(c) External consultants may be utilized during the process of searching, screening, and interviewing coaching candidates. Search committees will also be utilized.

(d) Background checks will be conducted for the final preferred candidate as requested by the department of intercollegiate athletics.

(e) Contracts for intercollegiate athletics head coaches are negotiated at the time of the recruitment and selection process.

(3) Compensation:

(a) Head coaches. Individual salary adjustments may exceed any board-established cost of living adjustment ("COLA"). Unsuccessful competitive performance will affect salary adjustments that may result in an amount less than any board-established COLA or no salary increase for the future contract term. Any such salary adjustments will occur at the beginning of a new contract term. A pool of funds will be created utilizing the aggregate amount of any COLA increases that are to be allocated (including associated fringe amounts) for future distribution for competitively successful outcomes. A recommendation may be made periodically by the executive director of intercollegiate athletics to the president.

(b) Assistant coaches. For sports that utilize assistant coaches, the head coach, in consultation with the executive director intercollegiate athletics, will have authority to allocate the pool of money budgeted for all assistant coaches in that sport at his/her discretion within the limitations of the pool. In years in which the amount of awarded merit increases is less than the amount allocated by the university, the balance (including associated fringe amounts) will be placed into the appropriate salary reserve account for future merit increases or distribution during the search process for a new coaching staff In years which the amount of the merit increases is greater than the pool, the funds will come from the salary reserve account. Board-approved "Gender Equity Plan" or current operating budget line items will serve as additional resources for merit increases. The allocation may occur at the beginning of the contract period of July first annually. A recommendation will be made annually by the executive director of intercollegiate athletics to the president.

(C) Procedures.

(1) General:

(a) The term of the initial contract offered to a coach will be determined during the recruitment and selection process by the executive director of intercollegiate athletics in consultation with the president.

(b) All head coaches are evaluated annually by the executive director of intercollegiate athletics, or designee, and contracts may be renewed through negotiation.

(c) The term of a contract can be modified through the use of the regular appointment process.

(d) All head coaches annually evaluate their assistants and submit their recommendations to the executive director of intercollegiate athletics.

(2) Hiring and selection. The procedures that follow provide an overall structure for coaching position selections. It is recognized that these procedures may need to be adjusted to accommodate a particular situation.

(a) The executive director of intercollegiate athletics, or his/her designee, in consultation with the hiring manager will, at a minimum, select at least a three-member search committee to screen qualified candidates.

(b) Postings will appear, at a minimum, on the Youngstown state university ("YSU") athletics department website. The posting will be open to receive applications for a minimum of seven calendar days and applicants will apply by utilizing the "PeopleAdmin" online employment application.

(c) A list of candidates who have self-identified will be requested from the office of equal opportunity and diversity. Candidates to be interviewed must possess the minimum qualifications for the position. It is anticipated that the successful candidate will have qualifications in excess of the minimum. Justifications for not interviewing an applicant will include written rationale regarding any determination concerning the differences in qualifications for the candidates selected for interviews. Such assessments will be fair and will include consideration of the national collegiate athletic association ("NCAA") expectations related to both YSU's "Gender Equity" and "Minority Opportunity" plans.

(d) Upon approval from the office of equal opportunity and diversity, the search committee will conduct reference checks and participate in the interview process. The hiring manager of the open position, in consultation with the executive director of intercollegiate athletics, will ultimately identify the candidate to be extended a preliminary offer, understanding that the office of human resources will make the official offer upon receipt of a positive background check.

(e) The office of human resources shall submit background checks when requested by the department of intercollegiate athletics for the final preferred candidate. Employment offers may be made contingent upon an acceptable background report to ensure that the hiring process is expedited.

(f) Exceptions to the above selection process may be granted in special circumstances where departure offers demonstrable benefits to the university. A request for such an exception must be submitted in writing to the chief human resources officer and the office of equal opportunity and diversity for review and consideration. A request initiated by the department of intercollegiate athletics, together with the office of human resources and the office equal opportunity and diversity, will be submitted to the president for final approval.

(g) The chief human resources officer will submit a summary of all filled coaches positions to the board of trustees at the next regularly scheduled meeting for approval. Offers of employment for coaches shall be contingent upon board of trustees' approval; however, coaches may begin employment prior to board of trustees' approval.

(3) Compensation:

(a) Head coaches. The performance evaluation process will be conducted at the end of each season by the executive director of intercollegiate athletics for each head coach. Determinations regarding merit increases, if any, will be based upon the outcome of the performance evaluation. Predetermined competitive benchmarks will allow head coaches with competitively successful seasons to earn a salary increase in a subsequent contract.

(b) Assistant coaches. The performance evaluation process will be conducted at the end of each season by the head coach for each assistant coach. Determinations regarding merit increases, if any, will be based upon the outcome of the performance evaluation.

Replaces: 3356:1-17-37

Effective: 9/1/2013
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 11/15/03, 5/27/11

3356-7-37 Administrative complaint process - professional/ administrative exempt employees.

(A) Policy statement. The university is committed to equitable employment practices and maintains a complaint process that may be utilized by professional/administrative exempt employees to provide prompt and equitable resolution of disputes resulting from certain administrative decisions.

(B) Parameters.

(1) Employees with a complaint about an administrative decision are encouraged to initiate informal discussion with their immediate supervisor prior to filing a formal complaint.

(2) Employees may file a formal complaint of an administrative decision regarding termination, discipline, or disputes concerning working conditions or promotion.

(3) This policy is not applicable to members of collective bargaining units.

(4) The chief human resources officer is authorized to develop procedures for the implementation of this policy.

(C) Procedures.

(1) A formal written complaint identifying the specific grounds must be filed no later than ten working days of the occurrence or knowledge of the occurrence. This complaint is to be directed to the person's immediate supervisor.

(2) The supervisor will conduct an appropriate review and respond to the complaint in writing within ten working days of its receipt.

(3) If the person filing the complaint is not satisfied with the supervisor's response, the employee may forward a written notification within ten working days, with particulars, to the appropriate dean, executive director, or other appropriate university official for review. A written response will be provided the employee within ten working days of its receipt.

(4) If this response does not satisfy the employee, a written complaint may be sent to the chief human resources officer within ten working days. The chief human resources officer, in consultation with the appropriate vice president, will appoint a three-person panel to review all information submitted and render a final written decision. Said written decision will be provided within twenty-one working days from the date on which the panel meets to review the submitted information.

Replaces: 3356:1-17-38

Effective: 1/23/2012
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03

3356-7-38 Resignation/exit interviews.

(A) Policy statement. It is the policy of the university to obtain a written resignation from all employees who are voluntarily terminating their employment with the university.

(B) Parameters.

(1) Employees proposing to resign from the university shall provide a thirty-calendar-day written notice unless otherwise specified by the applicable collective bargaining agreement.

(2) Unless otherwise specified by a collective bargaining agreement, vacation benefits will not be paid without at least a thirty-calendar-day written resignation notice (see rule 3356-7-09 of the Administrative Code).

(3) The chief human resources officer is authorized to develop procedures necessary for the implementation of this policy.

(C) Procedures.

(1) In advance of formally submitting a letter of resignation, it is advised that employees discuss their intent with their immediate supervisor.

(2) Employees, except classified civil service staff members, shall send a formal letter of resignation to their supervisor, with copies to the provost or appropriate vice president and the office of human resources.

(3) Classified civil service staff members are expected to provide a minimum two-week notice of resignation and are required to sign a record of separation form. These forms are available in the office of human resources.

(4) Upon receipt of the letter of resignation, the office of human resources will prepare a letter officially accepting the resignation to be sent by the hiring authority or chief human resources officer. This office will also notify the appropriate departments, units, and offices of the impending resignation. The employee who is resigning will be offered the opportunity to participate in an exit interview with a human resources staff member.

(5) The office of human resources will process all resignations and authorize any payment of vacation benefit applicable.

(6) The office of human resources will provide a checklist to the resigning employee's supervisor who will secure all university property available to the employee (e.g., keys, tools, identification card, parking permit) prior to the date of separation.

(7) Normally, the final payroll check will be released within thirty days of the date of separation pending audits and the clearance of all applicable offices and the return of all university property.

Effective: 3/23/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates:

3356-7-39 Employee files.

(A) Policy statement. The university shall establish and maintain such employee files as necessary in accordance with state and federal laws and applicable collective bargaining agreements. The office of human resources is the sole repository of the official employee personnel files and, as such, maintains a file for each full-time member of the faculty and full-time and part-time members of the professional/administrative and classified civil service staffs. The chief human resources officer serves as the custodian of these official files.

(B) Procedures.

(1) Employees may examine their own file by appointment during regular business hours.

(2) Employees may place into their file a written statement commenting on or disagreeing with any document contained in the file.

(3) Employees will receive a copy of each document placed in their file by others at the time it is placed in the file.

(4) The office of human resources maintains a log of all non-university employees accessing these files. This office will notify employees and the appropriate bargaining unit when a non-university employee has accessed their file.

(5) Periodically, the president, or designee, shall identify a person or persons to conduct an unannounced spot check of the official employee personnel files and provide a written report of the findings.

(6) Information contained in these files will be used in a manner appropriate to the normal operation of the university and may be reported to the appropriate state or federal agency as required by law.

(7) Employee files are subject to Ohio's public records law.

(8) All files maintained are periodically examined for the purpose of purging the files of material no longer appropriate for retention.

Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 1/23/12

3356-7-40 Compensation and salary studies/plans.

(A) Policy statement. The board of trustees recognizes the need to have appropriate compensation plans for all employees and employee groups and has authorized the president or his/her designee to develop such plans.

(B) Definition. "Employee groups" include faculty, professional/ administrative staff, and classified civil service staff.

(C) Parameters.

(1) Compensation and salary studies will be based upon comparable markets and employee groups as determined by the university.

(2) Compensation and salary plans will attempt to provide wage parity for positions with comparable skills, duties, and responsibilities.

(3) Compensation and salary made available to employees will be consistent with the fiscal ability of the university to support such plans.

(D) Procedures. The president will periodically designate the individual(s) responsible for reviewing compensation and salary of employee groups.

Replaces: 3356:1-17-41

Effective: 8/21/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 1/31/00, 6/16/03

3356-7-41 Classified civil service employees.

(A) Policy statement. All classified civil service employees shall be hired in accordance with Chapter 124. of the Revised Code and agency 124 of the Administrative Code.

(B) Parameters.

(1) Under Chapter 124. of the Revised Code, certain employees of Youngstown state university are appointed under the state classified civil service system.

(2) The responsibility for administration of the civil service law and regulations as they relate to university employees in the classified civil service system shall be assigned by the board of trustees through the president and the vice president for finance and administration to the chief human resources officer. The chief human resources officer serves as the designated appointing authority.

(C) Procedures.

(1) Recruitment to fill classified positions must be authorized by the chief human resources officer. Recruitment activities must conform to the affirmative action procedures (rule 3356-2-02 of the Administrative Code).

(2) Classified staff are employed in full-time or permanent part-time capacities.

(3) The executive divisional officers authorize the filling of positions in the divisions.

(4) The chief human resources officer extends the official offer of employment upon the recommendation of the department chairperson or unit director with the concurrence of the executive divisional officer.

(5) Types of appointments and terms and conditions of employment of classified civil service staff not excluded from collective bargaining are outlined in the "Agreement Between the University and the Youngstown State University Chapter of the Association of Classified Employees" or the "Agreement Between Youngstown State University and the Fraternal Order of Police, Ohio Labor Council, Inc."

Effective: 10/10/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 8/21/10, 9/1/13, 3/10/14

3356-7-42 Selection of professional/ administrative staff.

(A) Policy statement. While the president has overall responsibility for the management of the university, the responsibility for decisions about the employment of personnel is delegated to the appropriate divisional executive officer who is responsible for making personnel decisions within the described university procedures. The university employs staff members with experience, degrees, and other credentials appropriate to their responsibilities. Hiring managers are charged with the responsibility of assuring that qualified individuals are appointed as professional/ administrative staff members. Personnel actions will become effective upon approval by the board of trustees.

The university employs staff members with experience, degrees, and other credentials appropriate to their responsibilities. Hiring managers are charged with the responsibility of assuring that qualified individuals are appointed as professional/administrative staff members.

(B) Purpose. These procedures are designed to assure that qualified individuals are appointed as professional/administrative staff members.

(C) Scope. This policy applies to professional/administrative staff (including part-time and externally funded) that perform nonteaching duties of a professional, administrative, or research nature and are not covered by existing Ohio civil service position classifications and regulations. This policy does not include employees covered in rules 3356-9-01 and 3356-9-02 of the Administrative Code with regard to the selection and evaluation of executive and administrative officers of the university or to employees subject to the association of professional/administrative staff collective bargaining agreement.

(D) Procedures for the selection of professional/administrative staff.

(1) When a staff vacancy occurs, the appropriate supervisor will review the need for the position and forward a recommendation to the dean or executive director. After review, the dean or executive director will submit a recommendation to fill, modify, or eliminate the position to the appropriate divisional executive officer .

(2) The appropriate divisional executive officer will review the recommendation and determine whether further consideration is appropriate. If appropriate, the recommendation is forwarded to the president for his/her approval.

(3) Filling of authorized positions must utilize recruitment activities that conform to the equal opportunity and affirmative action procedures (see rule 3356-2-02 of the Administrative Code) unless a search waiver is granted.

(4) Professional/administrative staff members are employed in fulltime or part-time status. Part-time professional/administrative staff are employed on a full-time equivalent ("FTE") basis, assuming a forty-hour workweek. Eligibility for university benefits is determined by the individual's FTE status.

(5) The appropriate divisional executive officer will review the proposed offer of employment with the chief human resources officer prior to the offer to the successful candidate.

(6) The offer of employment is extended by the office of human resources in collaboration with the appropriate divisional executive officer upon the recommendation of the dean or executive director and the person responsible for the employing unit.

(7) The office of human resources prepares the initial offer of employment and any subsequent renewal contracts.

(8) The chief human resources officer will prepare and submit a summary of all personnel actions (i.e., appointments, promotions, reclassifications, transfers, demotions, salary adjustments, and separations) to the university affairs committee for recommendation for approval by the board of trustees. The personnel actions shall be contingent upon approval by the board; however, professional/administrative staff (except those covered under rules 3356-9-01 and 3356-9-02 of the Administrative Code) may begin employment prior to approval by the board.

(9) Terms and conditions of employment for professional/ administrative staff are determined by the board of trustees as set forth in the university policy.

(E) Search waiver. A waiver of the search process may be requested in accordance with rule 3356-2-04 of the Administrative Code, "Search waivers for strategic hiring of faculty and professional/administrative staff."

Effective: 8/31/2015
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 8/21/10, 3/10/14

3356-7-43 Externally funded professional/administrative staff.

(A) Policy statement. While the president has overall responsibility for the management of the university, the responsibility for decisions about the employment of personnel is delegated to the appropriate divisional executive officer who is responsible for making personnel decisions within the described university procedures. Personnel actions will become effective upon approval by the board of trustees.

The university employs staff members with experience, degrees, and other credentials appropriate to their responsibilities. Hiring managers are charged with the responsibility of assuring that qualified individuals are appointed as professional/administrative staff members.

(B) Parameters.

(1) The university employs persons whose positions are externally funded through research grants, endowments, and other non-university sources. These positions are identified as full or part-time professional/administrative staff and are typically temporary in nature.

(2) These employees are not placed in a university salary plan (see rule 3356-7-40 of the Administrative Code), but are eligible for benefits of the professional/administrative staff, including fringe benefits (see rules 3356-7-31 to 3356-7-34 of the Administrative Code), vacation leave (see rule 3356-7-09 of the Administrative Code), sick leave (see rule 3356-7-13 of the Administrative Code), and distinguished service awards (see rule 3356-7-27 of the Administrative Code), as determined by the FTE unless otherwise noted herein.

(3) Externally funded full-time professional/administrative staff who are awarded a distinguished service award will be eligible for a stipend of two thousand dollars. The distribution of this award will be contingent on the funding source. Recipients will receive either a cash stipend in the full amount or a one-thousand-dollar stipend and one thousand dollars added to the base salary in the following contract year.

(4) For the purposes of annual performance evaluation and disciplinary action, if necessary, these employees are subject to the processes in place for other professional/administrative staff.

(5) Instructional specialist(s) employed at the rich center for autism are not eligible to accrue vacation leave.

(6) Each full-time employee in an instructional specialist position may convert two sick leave days per contract year to personal days. Each part-time employee may also convert one sick leave day per year.

(C) Procedures.

(1) Recruitment to fill externally funded professional/administrative positions must be authorized by the appropriate divisional executive officer. Recruitment activities must conform to the affirmative action procedures (see rule 3356-2-02 of the Administrative Code).

(2) The offer of employment is extended by the office of human resources in collaboration with the appropriate divisional executive officer upon the recommendation of the dean or executive director and the person responsible for the employing unit.

(3) The office of human resources prepares the official offer of employment.

(4) Externally funded professional/administrative staff are excluded from collective bargaining.

(5) Part-time externally funded professional/administrative staff are employed on an FTE basis, assuming a forty-hour workweek.

(6) Externally funded professional/administrative staff are informed at the time of appointment or reappointment that their employment is dependent upon external funding and if such funding ceases, employment is terminated upon a two-week notice.

(7) Externally funded professional/administrative staff members who earn and accrue vacation leave should use it during the contract period in which it is earned. Authorization to carry forward unused vacation leave into the next fiscal year requires written approvals of the department head and the chief human resources officer by June thirtieth of each year. Unused vacation shall not be converted to a cash payment if the availability of funds ceases, the appointment is not renewed, the employee resigns, or the employee is terminated for cause.

(8) The chief human resources officer will prepare and submit a summary of all personnel actions (i.e., appointments, promotions, reclassifications, transfers, demotions, salary adjustments, and separations) to the university affairs committee for recommendation for approval by the board of trustees. The personnel actions shall be contingent upon approval by the board; however, professional/administrative staff (except those covered under rules 3356-9-01 and 3356-9-02 of the Administrative Code) may begin employment prior to approval by the board.

Effective: 10/10/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 1/31/00, 1/6/03, 6/16/03, 12/20/10, 3/10/14

3356-7-44 Background check for potential employees.

(A) Policy statement.

(1) Youngstown state university is committed to providing a safe environment for all students, employees and visitors to our campus and associated worksites and to protecting its funds, property and other assets. Well-informed hiring decisions contribute to these efforts. Effective July 1, 2011, the university will conduct background checks on persons hired for initial employment with the university. This policy will apply to all individuals (both internal and external) selected for a position with the university for full- and part-time faculty, professional/administrative, and classified positions. It is a condition of employment that all such individuals submit to the criminal background check procedures.

(2) The chief human resources officer is responsible for the procedures necessary for the implementation of this policy. These procedures are available on the "Employment" component of the human resources website and are identified as "Guidelines for Conducting Background Checks."

(B) Procedures for conducting background checks for potential employees.

(1) Introduction. Applicants who are considered to be finalists in a job search are required to provide a written release to authorize the criminal background investigation using a prescribed form. A state of Ohio and a federal criminal background check will be conducted for candidates who are under final consideration.

(2) In accordance with state and federal laws, a previous criminal conviction does not automatically disqualify an applicant from consideration for employment with the university. A candidate's eligibility will depend on a variety of factors, such as the nature of and circumstances surrounding any crime(s), the time elapsed since conviction and rehabilitation record, the actions and activities of the individual since the crime(s), including the individual's subsequent work history, the truthfulness and completeness of the candidate's disclosure of the conviction(s), and any other relevant information. A conviction includes any unlawful offense other than a minor traffic violation.

C) Guidelines for background checks.

(1) Candidates may be excluded from consideration for employment for the following criminal convictions:

(a) Any felony offense:

(b) A sex offense as defined in Chapter 2907. of the Revised Code:

(c) An offense of violence as defined in division (A)(9)(a) section 290.0 1 of the Revised Code;

(d) A theft offense as defined in Chapter 2925. of the Revised Code that involves the illegal possession, use, sale, transfer, preparation, cultivation, and manufacture of a drug of abuse, dangerous drug, controlled substance or over-the-counter drug.

(e) Any offense that is substantially similar to the above-listed offenses occurring in a jurisdiction outside of the state of Ohio or in any municipality or other jurisdiction in Ohio.

(2) Background checks will be used to evaluate individuals for employment and will not be used to discriminate on the basis of race, color, national origin, religion, creed, sex, disability, age, veteran's status, sexual orientation or political affiliation.

(3) Current employees who are convicted of a criminal offense (other than a minor traffic violation) may be subject to a criminal background check. Therefore, employees are required to report any conviction to their immediate supervisor within three calendar days of the conviction. The immediate supervisor will notify the office of human resources regarding the receipt of a notification from an employee so that a determination may be made regarding the necessity to initiate a background check.

(D) Scope and types of background checks.

(1) Criminal background checks. Criminal history and sex offender checks will be conducted for the selected candidate for all positions as noted above.

(2) Credit history checks. A credit history will be conducted for any positions with access to or responsibility for cash receipts, cash accounts, blank checks, checking accounts or other bank accounts. Credit checks will also be required for positions that initiate accounting/financial transactions that are not reviewed or verified by others, positions that have override authority for spending, and deans, directors and/or department head or above. Current employees who assume these duties during the course of their employment will be subject to a credit history check.

(3) Motor vehicle checks. Motor vehicle checks will be conducted on the final candidate(s) for any positions that require the individual to drive a university vehicle as a regular part of their job responsibilities.

Replaces: 3356:1-16-03

Effective: 3/10/2012
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 1/23/12, 7/7/10, 8/21/10

3356-7-45 Persona non grata status for campus visitors.

(A) Policy statement. Pursuant to section 3345.21 of the Revised Code and in order to pursue its educational objectives and programs in an orderly manner, the board of trustees of Youngstown state university ("university") is authorized to regulate the conduct of visitors to university owned or controlled property and to university programs and activities.

(B) Purpose. To identity visitors whose presence on the university campus or at university programs or activities may be detrimental to the university community and to provide a mechanism to limit the access of such visitors to university owned or controlled property and to university programs and activities.

(C) Scope. This policy applies to visitors who are accused of demonstrating behavior detrimental to the university community.

This policy does not apply to university students or to university employees acting within the scope of their employment. When doubt exists as to a person's status as a student, the person may be charged under this policy and then later referred to student conduct if determined to be a student.

(D) Definitions for purposes of this rule.

(1) "Employee." Any person on active employment status with the university.

(2) "Student." Any person admitted to the university either for credit or noncredit and currently registered for classes.

(3) "Visitor." Any person who is not a student or an employee acting within the scope of their employment. A visitor includes but is not limited to:

(i) A person who had been enrolled at the university but who has graduated or transferred.

(ii) A person who has been admitted to the university but is not currently enrolled.

(iii) A former employee no longer on active employment status with the university.

(4) "Persona non grata." A visitor whose behavior has been determined to be detrimental to the university community and who is no longer permitted to be present on university owned or controlled property or to have access to university services, activities, or events.

(5) Behavior detrimental to the university community includes but is not limited to:

(a) Disruption of university processes, services, or programs.

(b) Actions which result in offenses against persons or property, including the use of university facilities, in a manner inconsistent with the facility's purpose.

(c) Threats or other behaviors that pose a risk to the safety of the university community.

(d) Violation of a previous order or directive given by a court of law, a university official, the university police or other law enforcement agency or officer, or a court of law acting in performance of their duties.

(e) A continuing violation of university policies, rules, or regulations after notice of the policies, rules, or regulations has been given.

(f) Misrepresentations of self or providing other false or misleading information to a university office or official.

(E) Parameters.

(1) This policy will not be utilized to restrict freedom of speech or the right of persons to peaceful assembly.

(2) This policy will not be construed to limit the authority of university officials from taking actions, such as arrest and/or criminal prosecution, as warranted by circumstances.

(3) If necessary, the president, or designee, or the university chief of police may seek the assistance of other appropriate law enforcement agencies.

(4) Any university student or employee may bring concerns regarding possible detrimental behavior of a visitor to the attention of the university police department or to the office of student experience/ student affairs.

(F) Process. The process to designate a visitor as a persona non grata is initiated by the issuance of a notice of persona non grata status. Only the president, the provost, a university vice president, the chief of police, or their designees, have the authority to issue a notice of persona non grata status.

(1) Notice. A visitor accused of behavior detrimental to the university community will be served with notice that such behavior is not acceptable and may result in that person being denied the opportunity to be present on specified university property, facilities and/or university programs or activities.

(a) The notice will contain:

(i) Name and last known address of the individual; current email address if notice is to be sent via email.

(ii) A specification of the alleged detrimental behavior.

(iii) A warning that the individual is on temporary persona non grata status and is not allowed on university premises or at university sponsored programs or activities until a meeting regarding persona non grata status occurs and a formal determination is made.

(iv) The name, title, and contact information of the university official who will make the persona non grata determination and a time limit in which the accused must contact the university official to schedule a meeting to determine persona non grata status.

(v) A warning that failure to arrange a meeting with the university official within ten days from receipt of the notice or failure to attend a scheduled meeting will result in a determination as to persona non grata status being made without the accused individual being present.

(b) The notice may be delivered via U.S. mail, U.S. mail return receipt requested, email with delivery receipt, or in person by the university police department.

(2) Meeting to determine persona non grata status.

(a) University officials designated to conduct a persona non grata meeting are:

(i) The vice president of student affairs or designee.

(ii) The director or associate director of student conduct.

(iii) A university associate or assistant general counsel.

(b) The university administrator that issues the notice of persona non grata status will designate the university official who will conduct the persona non grata meeting based on the official's availability to conduct the meeting in a timely manner.

(c) A university official who will present evidence at the hearing may not conduct the persona non grata meeting.

(d) All meetings will be held in private.

(e) At the meeting, the accused individual is entitled to know the nature and source of the evidence against him/her, to question any witnesses, and to present evidence, including witnesses, on his/her behalf. If the accused individual chooses not to be present or to participate, the process will nevertheless proceed.

(f) The accused individual may be accompanied by another individual who may serve in an advisory capacity but who may not participate directly in the meeting.

(3) Findings.

(a) The university official conducting the meeting will hear and weigh all evidence presented and shall apply a preponderance of the evidence standard (more likely than not).

(b) To place the accused on persona non grata status, the university official conducting the meeting must find that it is more likely than not that the alleged behavior occurred and that such behavior is more likely than not detrimental to the university community.

(c) If such a finding is made, the university official conducting the meeting may take into consideration the reasons for such behavior and the likelihood of its recurrence; and based on the meeting findings and these considerations, may place the individual on persona non grata status for a period of up to two years.

(4) Notification.

(a) Written notification of the findings of the university official will be sent within ten business days of the meeting. If the finding is that the individual is deemed to be on persona non grata status, the notification will indicate the time period and parameters of persona non grata status.

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

(c) In those instances where an individual has been placed on persona non grata status, the hearing officer will forward a copy of the findings to the university's president, vice presidents, provost, associate vice presidents, associate provosts, deans, chief human resources officer, executive director of facilities, director of the Maag library, and the chief of police. These university administrators will inform faculty and staff of an individual's persona non grata status as appropriate.

(d) The university police department will maintain a current list of persona non grata status and enforce sanctions of persona non grata.

(5) Review.

(a) A written request for review of persona non grata status may be made to the general counsel or his/her designee at any time after a determination of persona non grata status has been made.

(b) The review will be limited to an examination of procedural errors which may have occurred in the process or an examination of new evidence which became available after the finding. The review may only determine if the persona non grata status will remain in effect or be voided.

(c) The persona non grata status will remain in effect during the review process.

(d) The general counsel or his/her designee will render a decision within ten business days of receipt of the request for a review.

(e) An individual who was a witness at the persona non grata meeting is disqualified from reviewing persona non grata status.

(f) The decision of the general counsel will be sent to the accused individual via U.S. mail, U.S. mail return receipt requested, email with delivery receipt, or in person by the university police department.

(g) In those instances in which persona non grata status is voided, those university administrators noted in the notification paragraph (F) (4) (c) of this policy will be informed of this action.

(h) The decision of the general counsel or his/her designee is final.

(G) Records. Records of the persona non grata process will be retained in the division of student experience.

(H) Violation of persona non grata status. A person who violates the terms of his/her persona grata status will be deemed a trespasser, removed from the university, and prosecuted accordingly.

Replaces: 3356-7-45

Effective: 4/6/2018
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 06/16/2003, 07/10/2010, 08/21/2010, 06/17/2013

3356-7-46 Supplemental pay for faculty and professional/administrative staff.

(A) Policy statement. On occasion, it is necessary and appropriate to have employees perform services not included in the employee's assigned duties and responsibilities and to pay employees for these additional services. This policy does not apply to supplemental payment compensation for externally funded grants, sponsored programs and contracts (see university policy 3356-7-48).

(B) Definition. For the purpose of supplemental pay, an "employee" is defined as any faculty or professional/administrative staff.

(C) Parameters.

(1) Supplemental pay assignments are intended to enable the university to generally deal with short-term staffing needs involving unusual circumstances or unanticipated situations, or assignments of additional duties beyond the scope of the assigned duties. Such assignments will generally not be approved as a routine matter or on a continuing or recurring basis and may not exceed six months for professional/administrative staff or one academic year for faculty. In special circumstances, with the approval of the president, these time limitations may be extended.

(2) Supplemental payments to an employee during any fiscal year may not exceed the lesser of either twenty per cent as calculated on the affected employee's full-time salary basis or ten thousand dollars. University policy 3356-7-48, "Supplemental pay from externally funded grants, sponsored programs and contracts for faculty and professional/administrative staff," governs supplemental pay in those situations.

(3) To allow for accurate and transparent financial analysis and reporting and for audit purposes, supplemental payments should be made from the appropriate account code in the university's financial system. Such payments shall be made to the employee on a semimonthly basis.

Supplemental pay assignments must be approved in advance by the employee or the faculty member's manager in any situation in which the assignment is for work for another university department.

(D) Procedures.

(1) A department/unit supervisor with the approval of the division executive officer may authorize assignments of additional duties for supplemental pay when short-term staffing problems cannot be met through normal staffing practices.

(2) Requests for supplemental payments should be approved prior to any work being assigned or undertaken. Exceptions may be granted for emergency situations documented by the department supervisor and affirmed by the division executive officer.

(3) Funds necessary to cover the cost of supplemental payments will be provided from the department's supplemental pay account.

(4) Bargaining unit members should refer to their collective bargaining agreements for additional supplemental pay procedures and requirements.

(5) The office of human resources will develop necessary administrative procedures, including a "Supplemental Pay" form and guidelines for supplemental pay in order to process and manage supplemental payments.

Replaces: 3356-7-46

Effective: 1/17/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 2/27/85, 1/31/00, 6/16/03, 2/1/04, 8/21/10

3356-7-47 Payment of employee serving as university consultant.

(A) Policy statement. On occasion, it is necessary and appropriate to have employees perform services above and beyond their normal scope of duties and to pay employees for these additional services.

(B) Parameters.

(1) Typically, consultants hired by the university are not full-time faculty or staff members, but on occasion, it may be appropriate to utilize an employee as a consultant.

(2) Those employees serving as a consultant on a university grant or project will usually be compensated by an appropriate reduction of workload.

(3) Occasionally, it is impossible for an employee to be released from assigned responsibilities. In these circumstances, overload payment for consultant work may be considered.

(C) Procedures.

(1) Prior to making any commitments, an employee wishing to serve as a university consultant must first discuss it with the appropriate supervisor.

(2) If the employee and supervisor both support the request to serve as a university consultant, a request for approval is submitted in writing to the provost or appropriate vice president. Such a request will contain the following information:

(a) Supporting credentials of the employee.

(b) Detailed description of the services to be performed, including the amount of time required for the assignment.

(c) The workload reduction needed or the overload payment to the employee with responsibilities that cannot be reduced and the method for determining the amount.

(d) A letter of support from the employee's supervisor.

Replaces: 3356:1-17-48

Effective: 6/4/2012
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 7/15/99, 6/16/03

3356-7-48 Supplemental pay from externally funded grants, sponsored programs and contracts for faculty and professional/ administrative staff.

(A) Policy statement. Externally funded grants and contracts enable the university and its employees to participate in scholarly, creative activities. In support of these activities, it is necessary and appropriate to have employees perform services above and beyond their normal scope of duties and for those employees to receive pay for additional services.

(B) Parameters. The sponsors of grant awards establish guidelines and compliance requirements to serve their stakeholders and/or taxpayer public interests. All supplemental payment requests from externally funded grants, sponsored programs and contracts (through the office of research) must be approved prior to the activities for which compensation is sought. The parameters and criteria defining salary compensation are determined by university policy, collective bargaining agreements, and federal compliance regulations.

(1) Payment to faculty.

(a) Per Title 2, C.F.R. 200.400 to 200.431, the "Uniform Administrative Cost Requirements, Cost Principles, and Audit Requirements for Federal Awards," "Charges for work performed on Federal awards by faculty members during the academic year are allowable at the IBS [institutional base salary] rate. Except as noted in paragraph (h)(1)(ii), in no event will charges to Federal awards, irrespective of the basis of computation, exceed the proportionate share of the IBS for that period. This principle applies to all members of faculty at an institution. IBS is defined as the annual compensation paid by an IHE [institute of higher education] for an individual's appointment, whether that individual's time is spent on research, instruction, administration, or other activities. IBS excludes any income that an individual earns outside of duties performed for the IHE. Unless there is prior approval by the Federal awarding agency, charges of a faculty member's salary to a Federal award must not exceed the proportionate share of the IBS for the period during which the faculty member worked on the award."

Youngstown state university ("YSU") accepts the federal definition of "incidental work" as any work in excess of normal for the individual for which supplemental compensation is paid by the institution under institutional policy. To be consistent with the faculty collective bargaining agreement between YSU and the Ohio education association (hereinafter referred to as "YSU/YSU-OEA CBA"), compensation for incidental work is at the equivalent rate as overload pay. "Overload" refers to those activities beyond the standard twenty-four workload hours during an academic year that are normally assigned. Based on YSU/YSU-OEA CBA language, for overload, twelve workload hours are equivalent to the normal workload of a full-time faculty member normally employed for forty hours/week.

(b) Faculty salary rate structure (for federal and state grants).

(i) During the academic year, external grant funds are used to provide workload reallocation (reassigned time or supplemental pay). A faculty member may receive supplemental pay for project activities that do not overlap with regular workload assignments or other grant-related activities with appropriate documentation. Further additional compensation can be provided for those activities defined as "incidental work," as described in paragraph (B)(1)(b)(i) of this policy, and shall be paid at a rate consistent with standard overload pay. "Overload" refers to those activities beyond the standard twenty-four workload hours during an academic year that are normally assigned.

(ii) Dependent upon the guidelines of the federal grant sponsors, faculty may receive up to three months of additional salary. Supplemental pay from externally funded grants, sponsored programs, and contracts may not be received by faculty and professional/administrative staff while on leave from the university. Payments are to be at a rate based upon the individual's IBS. This rate structure may not exceed the university-established base salary (according to Title 2, C.F.R. 200, the "Uniform Administrative Cost Requirements, Cost Principals, and Audit Requirements for Federal Awards"). The YSU/YSU-OEA CBA specifies a maximum of nine teaching hours to be full-time for summer. For payment purposes in the summer, nine workload hours is considered full-time, with the nine hours being a combination of teaching hours plus research hours (hence, three credit hours is the equivalent of one month during the summer). Any additional compensation is based on the overload rate described in paragraph (B)(1)(a) of this policy for grant project activities with appropriate documentation.

(c) Payments from private sources, including businesses. There are no upper salary rate limits on payments received from the private business sector. However, minimum payments may not be less than those charged to federal grants and contracts. During the academic year, sponsor funds will first be used to cover reassigned teaching time. Additional compensation during the academic year or summer will use a minimum of the prorated annual salary or the overload rate. The sponsored program agreement with a company must be preapproved and finalized through the associate vice president for research. Specific duties associated with this compensation cannot be the same or overlap with those funded by an existing, concurrent grant, sponsored program, or contract.

(2) Payment to full-time professional/administrative staff.

(a) Under most circumstances, full-time professional/administrative staff are not be eligible for supplemental pay since these employees have twelve-month, full-time appointments or salaried positions. Full-time professional/administrative staff cannot request supplemental pay compensation for any function that is part of their job description and duties and are not eligible for additional compensation for externally funded activities, except when those activities may be classified as supplemental and incidental that is unrelated to their current duties, such as filling short-term staffing needs or in support of other unanticipated situations.

(b) When supplemental compensation is to be paid, the rate of pay will be based on a prorated or equivalent hourly basis. Compensation is permitted and shall not exceed the lesser of twenty per cent of the annual salary or ten thousand dollars during any fiscal year. The specific duties and timeline on the externally funded grant or contract must be detailed clearly and preapproved.

(c) Department chairs.

(i) During the summer terms, department chairs (having twelve-month appointments) may wish to undertake grant-funded work that can generate supplemental pay during the summer terms. Chairs are permitted to receive three workload hours of salary at their respective faculty rate.

(ii) During the academic year, chairs may receive supplemental pay for incidental work for project activities during evenings and on weekends with appropriate documentation.

(3) For further information on supplemental pay, see university policy 3356-7-46, "Supplemental Pay for Faculty and Professional/ Administrative staff."

(C) Procedures.

(1) Requests to make and/or receive supplemental compensation from an external grant, sponsored program, or contract must be approved prior to any work being assigned or undertaken. The request for payment must be a justifiable expenditure, as documented in the formal grant budget awarded by the external sponsoring agency. In all cases, supplemental compensation to faculty, administrative staff, and department chairs is subject to the approval by their respective dean, unit head, vice president, or the provost. The principal investigator ("PI") authorizes payment to an employee on a "Request for Grant-Funded Supplemental Pay" form, which must be submitted to the associate vice president for research for approval prior to any grant work being initiated.

(2) Both the PI and the payee attest that the activities for supplemental compensation were performed as described. The PI and payee are expected to document their times spent on federally funded grant activities, as instructed by the office of research. The university will develop and maintain the necessary administrative procedures to process and manage supplemental payments.

Replaces: 3356-7-48

Effective: 1/17/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/21/10

3356-7-49 [Rescinded] Domestic partners benefits.

Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/21/10, 9/1/13

3356-7-50 Minors on campus.

(A) Policy statement. Youngstown state university ("university"), as part of its educational mission, offers and participates in youth oriented programs and allows minors to access the university and its facilities. The university is committed to ensuring a safe environment for minors and requires that all staff, volunteers, program participants and campus visitors hold themselves to the highest standards of conduct.

(B) Purpose. To establish standards and requirements for university programs or activities involving minors and for minors accessing the university and its facilities.

(C) Scope.

(1) This policy applies to university programs and activities specifically designed for participation by minors and all participants, volunteers and employees, including student employees, who exercise direct supervision, chaperone, or otherwise oversee minors, in the course of their duties in these particular programs. This policy does not apply to: enrolled or dully enrolled minor university students participating in normal class and academic settings; employees or volunteers at university events or single performances open to the general public; or employees or volunteers who may have incidental contact with minors but do not work directly with minors within a program or activity.

(2) This policy also applies to minors who are on campus as guests or as members of the general public. Refer to section (E)(6) below, "Minors on campus not participating in programs," for procedures applicable to minors on campus generally.

(3) A program or activity may impose additional requirements than those found in this policy.

(4) This policy does not replace the requirements for reporting child abuse or neglect pursuant to the Revised Code or other statutory reporting requirements.

(D) Definitions.

(1) "Abuse or neglect of minors." Infliction or threat of physical or mental injury, sexual abuse or exploitation, or neglect of a person under age 18 or of someone who is incapable of self-care because of a mental or physical disability.

(2) "Minor." A participant in a program for minors who is under 18 years old or is incapable of self-care because of a mental or physical disability.

(3) "Programs for Minors." An organized activity or event that is specifically designed for minor participants, is staffed by university employees and/or volunteers, and is offered by an academic or administrative unit of the university, whether on or off campus.

(4) "University organization." Any academic or administrative unit of the university unit staffed by university employees, including student employees, acting within the scope of their employment.

(5) "Volunteer." Any individual working in an unpaid capacity in a program for minors, including interns and practicum students; however, this does not include invited speakers or guests who do not oversee minor participation.

(E) Procedures.

(1) Standards of behavior. All programs must provide reasonable monitoring of employee, volunteer, and participant behavior and all program participants, staff, leaders, employees, associates and volunteers must refrain from and promptly address inappropriate behavior. Inappropriate behavior includes, but is not limited to:

(a) Abusive conduct of any kind;

(b) Possession, distribution, or use of alcohol, illegal drugs, fireworks, guns or other weapons or dangerous materials;

(c) Hazing, bullying;

(d) Theft, misuse or destruction of property;

(e) Accessing by or making available to a minor any sexually oriented materials.

(2) Reporting requirements.

(a) Any employee or volunteer who in the course of their duties witnesses abuse or neglect of a minor or has information that would lead a reasonable person to believe that a minor faces a substantial threat of such abuse or neglect, shall immediately contact the county children services agency and the Youngstown state university police department (330) 941-3527.

(b) The Youngstown state university police department shall insure that the applicable county children's services agency has been notified and shall notify the appropriate municipal or county peace officer department, the office of general counsel and the office of human resources. The office of human resources will contact the director of the university program to insure that the director has been notified.

(3) Training. Colleges and units of the university must train employees and volunteers before they work with minors in programs and keep records of such training. Training content will be provided by the office of human resources and must include at a minimum child abuse awareness and prevention, and reporting obligations and procedures.

(4) Background checks. Background checks must be conducted on all employees and volunteers working with minors in programs for minors as follows:

(a) Employees and volunteers in programs which do not involve overnight stays must have a bureau of criminal investigation ("BCI") background check prior to working in a program for minors and once every four years thereafter.

(b) Parental consent must be obtained for the background check of a minor age employee or volunteer.

(c) Where required by Ohio law or where the employee or volunteer is engaged at a facility or in a program that involves the use of showering, changing or sleeping facilities, the background check shall include both a BCI and federal bureau of investigation ("FBI") records check.

(d) Employees and volunteers who have not lived in Ohio for five consecutive years must have a BCI and FBI background check.

(e) Employees and volunteers who have any break in service for any time period must have a new BCI background check prior to rehire and an FBI criminal records check must be completed if the employee or volunteer lived in a state other than Ohio during the break in service.

(f) Employees and volunteers must self-disclose to the program leader or administrator, any felony or misdemeanor convictions or pleas of guilty or no contest (nolo contendere) that occur after hire or after being accepted as a volunteer within three days of pleading or being convicted.

(g) Employees and volunteers must self-disclose any pending felony or misdemeanor charges to the program leader, college, or unit, prior to the time of or after hire or that are pending at the time of or after acceptance as a volunteer

(h) Programs or units may perform background checks more frequently at their discretion and must do so if required by law.

(i) If a background check or self-disclosure reveals adverse information or unfavorable results, the university will conduct an individualized assessment in order to identify potential risk to minors. Except where required by law, background checks of university faculty, staff and students that are conducted pursuant to this policy will be used only for purposes consistent with this policy and will otherwise be kept confidential. Records of background checks will be maintained separately from an individual's personnel or student file and will be kept at the office or unit responsible for the program.

(5) Addressing reports of abuse or neglect.

(a) Investigation of allegations of child abuse, sexual abuse, or neglect will be addressed in accordance with the investigatory protocols of children services agencies, local law enforcement agencies, and/or the university.

(b) Upon receipt of an allegation and during the course of an investigation, the person against whom an allegation has been made may be removed from a program or activity and/or may have his/her contact with minors limited until such allegation has been satisfactorily investigated and resolved.

(6) Minors on campus not participating in programs. The university's campus and facilities are not generally an appropriate environment for minors unless they are matriculated students or enrolled in a university program specifically designed for their participation and are appropriately supervised by their parents, legal guardians or properly trained responsible adults (hereinafter collectively referred to as guardian). The following policies apply to any minor on campus who is not participating in a university program or as an enrolled or dually enrolled as a student:

(a) No minor under the age of fourteen may be left alone on campus at any time for any reason.

(b) The university police department will be notified if a minor under the age of fourteen is left unattended on campus or at an athletic event or public program or event.

(c) A guardian must have line of sight supervision of the minor at all times.

(d) A guardian must assure that the minor is not disruptive to others and if the minor becomes disruptive, the guardian shall correct the situation.

(e) The university retains the right to require visitors who are unwilling or unable to exercise appropriate control over minors to leave university facilities.

(f) Minors age fourteen and above are held to the same standards of conduct that apply to all members of the university community.

(g) Minors may not accompany students to class unless specifically approved by the class instructor. This restriction does not apply to university programs involving campus visits by prospective students or university sponsored family or sibling programs.

(h) Unless authorized by the appropriate dean, or department head, or as part of a university program, a minor may not accompany a parent or guardian to work.

(i) Minors are restricted from access to safety sensitive areas such as laboratories and workshops, except as part of a university program or as a university student pursuant to an academic course or program.

(j) Due to the potential health risks to others, children with communicable illnesses cannot be brought to campus.

(k) Students, faculty or staff who have child care emergencies are advised to stay home or make alternative arrangements and not bring children to campus. No university space is to be used as an alternative to child care, including but not limited to libraries, classrooms, laboratories, residence halls, lounges, and restaurants or other public space.

(7) Departments, programs, and schools may impose additional limitations on the presence of minors.

(F) Violation and accountability.

(1) Individuals, entities, programs or units that violate this policy will be held accountable for their actions under the applicable program standards of behavior and expectations, university policies and rules, and applicable law including, but not limited to:

(a) Volunteers are subject to reprimand or loss of volunteer status;

(b) Students are subject to the code of student rights, responsibilities, and conduct;

(c) Employees, including student employees, are subject to applicable disciplinary action up to and including termination.

(d) Suspension or termination of the use of university facilities for a program or activity.

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

3356-7-51 Employee assistance program.

(A) Policy statement. Youngstown state university (university) is committed to employment practices that promote the health and welfare of its employees. Through its various fringe benefits packages, it offers employees incentives to pursue additional education; to take advantage of events, activities and performances offered; and to otherwise enhance each employee's standard of living.

(B) Definition. The university employee assistance program ("EAP") consists of services designed to:

(1) Maximize employee functioning on the job and in personal matters, and

(2) Assist employee clients in identifying and resolving personal concerns, including, but not limited to, health, marital, family, financial, alcohol, drug, legal, emotional stress, or other personal issues that may affect job performance.

(C) Parameters.

(1) The university's employee assistance program is designed to provide confidential access to professional services such as problem assessment, short-term counseling, and referral to appropriate community and private services.

(2) The EAP is available to all full-time benefits eligible employees of the university and eligible family members as defined by the agreement with the provider.

(3) The office of human resources will make available to supervisors and employees information about referral and participation in the employee assistance program.

(4) Members of bargaining units should refer to their collective bargaining agreements.

(D) Procedures. Services of the EAP may be initiated in any one of the following ways:

(1) Employee self-referral: Eligible employees of the university may self-refer for confidential EAP services.

(2) Supervisory referral for voluntary participation: Supervisors may recommend that an employee participate in the EAP. The office of human resources will not disclose any information regarding EAP participation without written consent of the employee.

(3) Supervisor referral for mandatory participation: Employees who exhibit a documented pattern of deteriorating job performance or behavior that could result in termination can be referred by the supervisor to the office of human resources for mandatory participation in the EAP.

Effective: 1/20/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 3/23/15

3356-7-52 Part-time faculty teaching excellence award.

(A) Policy statement. Youngstown state university (university) recognizes the valuable contributions made by part-time faculty to advance the teaching mission of the university.

(B) Purpose. To honor the work and commitment of dedicated and outstanding part-time faculty.

(C) Scope. Eligibility for the part-time faculty excellence award is limited to part-time faculty who have been teaching continuously over the previous five years with a minimum load of one three-hour course per year. For purposes of this policy, the most recent five continuous years of teaching will be used to determine eligibility.

Full-time university personnel who are eligible for other university service awards and teach as part-time faculty are not eligible for the part-time faculty excellence award.

(D) Parameters.

(1) Up to eight awards may be granted annually to part-time faculty whose teaching performance at the university has been identified as outstanding.

(2) Part-time faculty teaching excellence award recipients shall receive two thousand dollars.

(E) Procedures.

(1) To be eligible, an individual must be nominated during a nomination process.

(2) Staff members, faculty, or alumni may make nominations.

(3) Each undergraduate college dean will appoint a part-time faculty representative to serve as a committee to review nominations and recommend award recipients. The provost or his/her designee will serve as the chair of the review committee.

(4) The names of the award recipients recommended by the committee will be forwarded to the office human resources.

(5) Announcement and presentation of the awards occurs at the annual faculty awards dinner.

(6) Annually a list of all recipients of the part-time teaching excellence award will be presented to the academic and student affairs committee of the board of trustees.

Effective: 5/8/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356

3356-7-53 Excellence awards for department chairpersons.

(A) Policy statement. Youngstown state university (university) recognizes the valuable contributions made by department chairpersons to advance the research, scholarship, and academic mission of the university.

(B) Purpose. To recognize and honor outstanding performance of university department chairpersons.

(C) Scope. Any chairperson who has completed at least one year as a department chairperson is eligible for nomination for the excellence award for department chairpersons. A chairperson may not receive an excellence award within three years of receiving this same award or a similar distinguished professor award in that category.

(D) Parameters.

(1) One award may be granted annually to a department chairperson whose teaching performance at the university has been identified as outstanding.

(2) One award may be granted annually to a department chairperson whose performance in research/scholarship at the university has been identified as outstanding.

(3) Department chairperson excellence award recipients shall receive two thousand dollars, a stipend of one thousand dollars, and one thousand dollars added to the individual's base salary in the following contract year.

(D) Procedures.

(1) To be eligible, an individual must be nominated during the "Call for Nominations" process.

(2) Staff members, faculty, or alumni may make nominations.

(3) Each undergraduate college dean will appoint a representative to serve as a committee to review nominations and recommend award recipients. No person from a department in which a nomination has been received shall be eligible to serve on the review committee.

(4) The names of the award recipients recommended by the committee will be forwarded to the office of human resources.

(5) Announcement and presentation of the awards occurs at the annual faculty awards dinner.

(6) Annually a list of all recipients of the department chair excellence awards will be presented to the academic and student affairs committee of the board of trustees.

Effective: 5/8/2017
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356