Chapter 3358:11-4 College Policies In General

3358:11-4-03 Smoke-free buildings/vehicles.

Smoking is not permitted in any of the college's buildings, in any college vehicle, or in any area designated as a no-smoking area.

Replaces: 3358: 11-4-03

Effective: 3/7/2002
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-4-04 Communicable disease policy.

(A) Purpose. It is the policy of Owens community college to promote the rights of persons with communicable diseases to education and employment, while providing a safe and healthy environment for the college's students and employees. The college will make all reasonable accommodations to persons infected with hepatitis B virus (HBV) and human immunodeficiency virus (HIV) and to employ/continue to employ persons so infected. As appropriate, faculty and staff will be provided training and/or information regarding blood borne pathogens, universal precautions, and work practice controls.

(B) Response to incidents. The college will be flexible in its response to incidents of disease at the college, evaluating each occurrence in light of all applicable federal, state, and local laws, its general rule, and the latest information available. A case review committee consisting of health services, an appropriate health professional, the department chair (in cases involving students), and the vice president for human resources will be available to meet to consider reported occurrences of disease.

(C) Exposure to blood or body fluids. The college affords a broad range of academic opportunities in diverse health care fields. Instruction in some health care fields may require communicable disease precautions against exposure to blood or body fluids. Blood and body fluids are defined as blood, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluids, amniotic fluid, saliva, other body fluids containing visible blood, human tissue or organs other than intact skin, HIV-containing cell or tissue cultures, organ cultures, and HIV or HBV-containing culture medium or other solutions; and blood, organs, or other tissues from experimental animals infected with HIV or HBV.

(D) Individual departmental policies. Each department of the college in which activities may be reasonably anticipated to have a risk of exposure to blood or other potentially infectious materials will develop a written communicable disease policy. Students and employees will be notified when such policies become available.

(E) General guidelines.

(1) The college will be guided in its actions by the most recent medical evidence, the federal regulations of the rehabilitation act, state law, guidelines from the centers for disease control (CDC), the public health services, the American College Health Association, and the department of health.

(2) The college will not routinely screen all members of the college community for communicable diseases unless and until required to do so by law, because communicable diseases may have different modes of transmission and should be evaluated on an individual basis.

(3) The Federal Rehabilitation Act of 1973 prohibits discrimination against qualified individuals by employers and those who provide services with the assistance of federal funding. Under federal law, the college, as an employer and a provider of educational services, must make reasonable accommodations for handicapped individuals, including those with communicable diseases.

(4) The college maintains standards of confidentiality regarding medical information about students or employees that are protected by the Family Education Rights and Privacy Act of 1974. This act requires that no specific or detailed information concerning symptoms or diagnoses be provided to faculty, staff administrators or family members without the express written permission of the student/employee. Only individuals at the college with a legitimate need to know will have knowledge of the existence and/or employees with communicative diseases. The issue of a safe working environment can best be resolved by adequate educational programming.

(F) Education.

(1) The primary responsibility of the college in the prevention of the spread of communicable diseases shall be education. A committee on communicable diseases, whose members are appointed by the president, shall assist in coordinating the college's efforts in educating the college community on communicable diseases. The committee will be chaired by the vice president for human resources and shall consist of at least one faculty member and representation from the following areas: health services, health technologies division, maintenance, security, and student services (one each from Toledo and Findlay campuses).

(2) The college will make available to its students and employees information about the transmissibility of disease(s) and precautions that may be taken by infected persons to prevent the spread of disease. Coordination of this effort will be the responsibility of the committee on communicable diseases.

Replaces: 3358:11-4-04

Effective: 3/7/2002
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-4-06 Campus closings/delays policy.

(A) Purpose. Circumstances beyond the college's control may require delaying the opening of a campus or advancing the closing of a campus. Delays or closings are executed in accordance with college procedures.

(B) Implementation. The executive vice president of business affairs/chief financial officer will implement procedures consistent with this rule.

Replaces: 3358:11-4-06

Effective: 12/20/2008
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-4-10 Responsible computing policy.

(A) Purpose. Owens community college provides access to distributed and local networked resources as a service to the campus community. It is the intent of the college that all technology resources will be used in accordance with any and all local, state and federal laws, and/or guidelines governing the use of information and technology with this and other policies and procedures of the college and with standards of professional and personal courtesy and conduct.

(B) Guidelines.

(1) It is expected that all students, faculty, and staff will utilize the information and technology resources of the college so as not to waste them, abuse them or interfere with or cause harm to other individuals, institutions or companies.

(2) Access to the college's information and technology resources is a privilege that may be wholly or partially restricted by the college without prior notice and without student/faculty/staff consent when required by and consistent with law, when there is substantiated reason to believe that violations of the rule are taking place or when required to meet time-dependent critical operational needs.

(3) The college's information and technology resources, including all electronic mail addresses and user accounts, are the property of the college. The college does not uniformly or systematically monitor use of email or the internet. It does, however, maintain the right to do so if in receipt of a court order, public records request, freedom of information request, allegations of harassment or other similar type of situation.

(4) Account holders are responsible for maintaining the confidentiality of their password(s). Account holders must only use their account(s) and not use any other account. The information and technology resources of the college are intended for the use of students, faculty, and staff of the college. Account holders may only use accounts, files, software, and computer resources that are assigned to them under their user account(s). Account holders are expected to take all reasonable precautions to prevent unauthorized access to files and data and any other unauthorized usage within and outside the college.

(5) Both law and college rule prohibit, in general, the theft or other abuse of information and technology resources. Such prohibitions include, but are not limited to, unauthorized entry, use, transferring, tampering with accounts and files of others; interference with the work of others and with other computing facilities. Mischievous abuse of electronic mail and electronic campus information services that interferes with productivity or computer operations may result in suspension of computing privileges. Substantiated complaints regarding use of profanity, obscenity or offensive material may be cause for suspension of computing privileges.

(6) Attempting to circumvent security or administrative controls and/or assisting someone else or requesting someone else to circumvent security or administrative controls is prohibited.

(7) The college's information and technology resources are provided to support the teaching, research, and public service mission of the college and the administrative functions that support this mission. The college's information and technology resources must be used appropriately and only after receiving appropriate training. By completing the required training, the security and privacy requirements of the application are acknowledged.

(8) Upon termination of employment or job responsibilities and/or as requirements change, access to information resources will be changed or terminated.

(9) A person who files a complaint or participates in investigations shall be protected from any form of retaliation arising out of the filing of the complaint or participation in the investigation. A person who impedes an investigation, covers up the truth or retaliates against a complainant shall be subject to disciplinary action.

(10) The college may, from time to time, develop and publish procedures and practices that implement this rule.

(11) Penalties for actions which violate this rule will be assessed through existing disciplinary channels, up to and including termination.

Replaces: 3358:11-4-10

Effective: 3/7/2002
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 3/7/2002

3358:11-4-11 Model ethics policy (state).

(A) Purpose. It is the policy of the Owens community college board of trustees to carry out its mission in accordance with the strictest ethical guidelines and to ensure that members of the board of trustees and employees of Owens community college conduct themselves in a manner that fosters public confidence in the integrity of the board, Owens community college and its employees, processes, and accomplishments.

(B) General standards of ethical conduct.

(1) The board of trustees and employees must, at all times, abide by protections to the public embodied in Ohio's ethics laws, as found in Chapters 102. and 2921. of the Revised Code, and as interpreted by the Ohio ethics commission and Ohio courts. (A copy of these laws is provided by the board of trustees, and receipt acknowledged, as required in division (D) of section 102.09 of the Revised Code.) Board members and employees must conduct themselves, at all times, in a manner that avoids favoritism, bias, and the appearance of impropriety.

(2) A general summary of the restraints upon the conduct of all board members and employees includes, but is not limited to, those listed below. No board member or employee shall:

(a) Solicit or accept anything of value from anyone doing business with the college;

(b) Solicit or accept employment from anyone doing business with the college, unless the official or employee completely withdraws from board activity regarding the party offering employment, and the board approves the withdrawal;

(c) Use his or her public position to obtain benefits for the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship;

(d) Be paid or accept any form of compensation for personal services rendered on a matter before, or sells goods or services to, the college;

(e) Be paid or accept any form of compensation for personal services rendered on a matter before, or sell (except by competitive bid) goods or services to, any state agency other than the college, unless the board member or employee first discloses the services or sales and withdraws from matters before the board of trustees of Owens community college that directly affect officials and employees of the other state agency, as directed in section 102.04 of the Revised Code;

(f) Hold or benefit from a contract with, authorized by, or approved by, the board of trustees of Owens community college, (the ethics law does except some limited stockholdings, and some contracts objectively shown as the lowest cost services, where all criteria under section 2921.42 of the Revised Code are met);

(g) Vote, authorize, recommend, or in any other way use his or her position to secure approval of a contract with the college (including employment or personal services) in which the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship, has an interest;

(h) Solicit or accept honoraria (see division (H) of sections 102.01 and 102.03 of the Revised Code);

(i) During public service, and for one year after leaving public service, represent any person, in any fashion, before any public agency, with respect to a matter in which the official or employee personally participated while serving with the college;

(j) Use or disclose confidential information protected by law, unless appropriately authorized; or

(k) Use, or authorize the use of, his or her title, the name "Owens community college," or the college's logo in a manner that suggests impropriety, favoritism, or bias by the college or the official or employee;

(3) For purposes of this rule:

(a) "Anything of value" includes anything of monetary value, including, but not limited to, money, gifts, food or beverages, social event tickets and expenses, travel expenses, golf outings, consulting fees, compensation, or employment.

(b) "Value" means worth greater than de minimis or nominal.

(c) "Anyone doing business with the college" includes, but is not limited to, any person, corporation, or other party that is doing or seeking to do business with, regulated by, or has interests before the board of trustees of Owens community college

(C) Financial disclosure. Every member of the board of trustees of Owens community college or employee required to file a financial disclosure statement must file a complete and accurate statement with the ethics commission by April fifteenth of each year. Any member or employee appointed, or employed to a filing position after February 15 and required to file a financial disclosure statement must file a statement within ninety days of appointment or employment.

(D) Penalties. Failure of any college official or employee to abide by this ethics rule, or to comply with the ethics law and related statutes, will result in discipline, which may include dismissal, as well as any potential civil or criminal sanctions under the law.

The vice president of human resources is authorized to adopt procedures consistent with the terms of this rule.

Replaces: 3358:11-4-11

Effective: 5/17/2004
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 5/17/2004

3358:11-4-12 Purchasing policy.

(A) Purpose. The board of trustees of Owens community college desires to obtain the maximum value of each dollar of expenditure, and to obtain quality goods and services from the lowest responsive and responsible vendor or bidder. This rule does not apply to purchases related to works of improvement/construction, which are addressed in rule 3358:11-4-24 of the Administrative Code (construction purchasing).

(B) Determination of lowest, responsive and responsible bid. A bidder shall be considered responsive if their proposal meets or exceeds specifications. The bidder shall be considered responsible for proper execution of contract or purchase order by demonstrating acceptable proof of proper experience, financial condition, insurance, conduct and performance on previous contracts, which shall include compliance with regulatory agencies, history of accidents and illness rates, safety training, references, licensing, and facilities and personnel. Wherever possible, consideration will be given to bidders utilizing a local workforce. All bidders are encouraged to participate in quality of life programs for their employees to enhance the greater wellbeing of the local community.

Owens community college, however, reserves the right to reject any and all bids or parts thereof or items therein and to waive any informality in bids received whenever such rejection or waiver is in the interest of the college. Owens community college also reserves the right not to award a contract to the low bidder if the college determines that the low bid is not in the best interest of the college.

Owens community college shall follow the statutory requirements of the Revised Code for the purchase or the award of a contract for goods and services, including but not limited to section 9.24 of the Revised Code for findings for recovery; section 3517.13 of the Revised Code for campaign financing.

(C) Encumbering of funds.

(1) The authority to obligate the college for any expenditure of funds shall be limited to the approval of either the board, the president/chief executive officer, the treasurer/chief financial

officer, or to an employee who has been delegated that responsibility of budget authority by the president or treasurer/chief financial officer. Employees making an unauthorized purchase may be held personally liable for that purchase.

(2) The purchase or lease of goods and services requires prior authorization through the issuance of a purchase order. The issuance of a purchase order ensures funding is available in the budget within the requested object code. Such issuance of a purchase order shall encumber funds appropriated for the purchase. Authority to obligate the college for the purchase of goods and services and to enter into such contracts is limited to those individuals specifically designated by the board, the president, and the treasurer/chief financial officer.

(a) Exceptions to the requirement to establish a purchase order are for travel, memberships, referees, scholarship money returned to donors, club accounts, athlete medical bills, plant operation emergencies, state and federal aid funds returned to respective governmental agency. When requesting services from an Owens' department, verification of funds must be provided prior to the ordering of goods, materials or services.

(b) A purchase requisition less than one thousand dollars must be approved by an employee with budget authority. A purchase requisition equal to or greater than one thousand dollars must be approved by the budget authority and the supervisor. A purchase requisition equal to or greater than five thousand dollars must be approved by the budget authority, the supervisor and the vice president of the division. A division vice president has the authority to approve a purchase requisition at lower levels and as pursuant to specified limit(s) in paragraph (C)(3) of this rule.

(c) A request for direct pay will not be allowed; exceptions are for employee travel, memberships, club accounts, request for proposals public advertisements, athletic tournament entry fees, college nights (hosted at various schools) for less than two hundred dollars and state and federal aid funds to be returned to respective governmental agency within three days. Other direct pay requests will not be processed and will be returned to the requestor for the issuance of a purchase requisition for the encumbrance of funds. Repeated requests to establish a purchase requisition/order after a good or service is ordered will result in the removal of a budget authorization and the necessity of a supervisor's approval in advance of all purchase requisitions.

(d) A request to reimburse an employee without the issuance of a purchase order is limited to membership dues or for miscellaneous supplies totaling up to two hundred fifty dollars.

(e) Routine or ongoing purchases with a purchase card in accordance with approved purchase card limits require a purchase order issued in advance of acquiring the goods or service.

The purchase card purchase limit is one thousand dollars. The treasurer/chief financial officer has authority to increase the purchase card limit for special circumstances. A special circumstance may include travel for an athletic team, an emergency purchase or a time-limited purchase.

A purchase card cannot be used for meals, liquor, computer software, computer equipment. An exception for use of a purchase card for food is limited to an athletic team or a club account.

Repeated use of a purchase card without budgetary approval or the issuance of a purchase order will result in the termination of purchase card use, removal of budget authorization and the necessity of a supervisor's approval in advance of all purchase requisitions.

(f) A budget authority must ensure available funds or initiate a budget transfer for funds in advance of processing a purchase requisition or such purchase requisition will be returned.

(3) The purchase or lease of vehicles, furniture, equipment or other goods with an aggregate value between ten thousand dollars and twenty four thousand, nine hundred ninety-nine dollars requires prior authorization by a vice president/president and treasurer/chief financial officer.

The purchase or lease of vehicles, furniture, equipment or other goods with an aggregate value of twenty-five thousand dollars or more requires prior authorization by a vice president and treasurer/chief financial officer and the president.

The purchase or lease of vehicles, furniture, equipment or other goods with an aggregate value of fifty thousand dollars or more requires prior authorization by the president and treasurer/chief financial officer and the board of trustees.

(D) Fixed assets. The capitalization amount for fixed assets with a useful life of at least three years will be five thousand dollars per unit price.

(E) Competitive bidding.

(1) personnel involved in the procurement process should exercise good judgment and secure informal competitive pricing for items requisitioned. All goods and services equal to or greater than ten thousand dollars , but less than twenty-five thousand dollars, per unit price, shall have three written proposals.

(2) All goods and services, excluding works of improvement, equal to or greater than twenty-five thousand dollars per unit price will be competitively bid and legally advertised once a week for two consecutive weeks in at least one newspaper of general circulation within the college district. The award will be given to the lowest responsive and responsible bidder pursuant to the competitive bidding requirements as established in the Revised Code.

(3) Competitive bidding requirements may be waived:

(a) Whenever the board, the president and treasurer/chief financial officer have determined that an emergency situation exists. (An emergency situation involves safety, severe damage to college equipment or property or situations in which the college's ability to continue operations is significantly at risk.)

(b) In the judgment of the procurement department and with the approval of the treasurer/chief financial officer it is deemed impossible or impractical to obtain more than one bid due to the product being a used item, a single source item, or for any other sufficient reason.

(c) Whenever the state of Ohio, the Ohio inter-university purchasing council, general services administration, educational and institutional cooperative, national joint powers alliance, national inter-governmental purchasing alliance, u.s. communities, provista, sourcing office, Ohio association of community colleges, or other educational and institutional cooperative contracts are utilized as a source for an established price.

(d) When the Revised Code allows for the exemption of professional service providers (i.e., auditors, attorneys, architects, consultants, etc.) from competitive bidding requirements. (These services should follow a request for proposal process to ensure the professional service provider has the capability to successfully complete the required services within the timeframe requested and at a reasonable cost.)

(e) When distribution is authorized by the college for whom the college is the fiscal agent or custodian of funds.

(F) Requests for proposals.

(1) Requests for proposals for goods and services, excluding works of improvement, will be legally advertised in a newspaper of general circulation within the college district once a week for at least two consecutive weeks prior to the date specified by the college for receiving proposals.

(2) The college shall select for review at least three proposals. If fewer than three proposals are received, the college shall review every proposal. The college may cancel a request for proposals at any time before entering into an agreement with a respondent.

(3) Upon further review of the proposals selected, the college shall award a purchase order or enter into an agreement with the respondent that is considered to have the most merit, taking into consideration the scope, complexity and nature of the services to be performed by the respondent.

(G) College library .

(1) All purchases of library materials such as print and electronic books and periodicals shall be procured by securing informal competitive price quotations for items requisitioned.

(2) The responsibility and authority of the procurement of library books and periodicals for the college library is vested in department chairs and deans and the director, library services.

(H) Purchase of printed materials.

(1) Ohio law (section 3345.10 of the Revised Code) requires competitive bidding procedures for the award and purchase of printed material and that all contracts for printed material shall be awarded to vendors who have manufacturing facilities within the state.

(2) If the required printed products are not available from a vendor who has manufacturing facilities within the state, the college shall be permitted to purchase from an out-of-state vendor.

(I) This rule supplements and supports the Owens community college rule 3358:11-1-12 of the Administrative Code (financial standards). College administration shall adhere to the contracting manual provided through the legal services office.

(J) The treasurer/chief financial officer has the authority to promulgate procedures consistent with this rule.

Effective: 2/13/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 7/15/2005

3358:11-4-13 Records retention policy.

(A) Purpose. In accordance with section 149.33 of the Revised Code, commonly known as the Ohio public records act, the board of trustees of Owens community college has full responsibility for establishing and administering a records program for Owens community college, applying efficient and economical methods to the creation, maintenance, retention, preservation, and disposition of records of Owens community college.

(B) In accordance with the Revised Code, a record is defined as: any document, device or item that is 1) stored on a fixed medium, i.e., paper, computer, film; 2) created, received, or sent under the jurisdiction of a public office, and; 3) documents the organization, functions, policies, procedures, operations or other activities of the office.

(C) The office of the executive vice president/chief financial officer is responsible for administering the college records retention program. Each vice president or other officer having custody of college records is responsible for consulting with the executive vice president/chief financial officer or designee to establish and ensure compliance with an on-going records retention schedule specific to that office. The complete records retention schedule shall be maintained by the office of the executive vice president/chief financial officer as the Owens community college records retention manual and may be revised as necessary.

(D) College records shall be retained for such period as is required by the retention schedules, and may be disposed of only in accordance with disposition instructions included in the Owens community college records retention manual or as further developed by the office of the executive vice president/chief financial officer. When records are destroyed in accordance with a records retention schedule, a certificate of records disposal must be filed with the office of the executive vice president/chief financial officer.

(E) As stated in section 149.351 of the Revised Code, all records are the property of the college, and shall not be removed, destroyed, mutilated, transferred, or otherwise damaged or disposed of except in accordance with the records retention program of the college as outlined above.

Replaces: 3358:11-4-13

Effective: 11/20/2010
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 10/17/2005

3358:11-4-15 Public records policy.

(A) Purpose. In accordance with Chapter 149. of the Revised Code, commonly known as the Ohio Public Records Act it is the policy of Owens community college to comply with the letter and the spirit of the Ohio Public Records Act. Public records shall be released to a requestor, unless that record is an exception as listed in division (A) of section 149.43 of the Revised Code or that record is student information protected by the Family Education Rights and Privacy Act, 20 U.S.C. 1232g; 34 CFR Part 99.

(B) Definitions. In accordance with division (G) of section 149.011 of the Revised Code, a record is defined as: any document, device or item that is stored on a fixed medium, i.e., paper, computer, film; created, received, or sent under the jurisdiction of a public office; and, documents the organization, functions, policies, procedures, operations or other activities of the office. Records retention schedules are found in the records retention policy, rule 3358:11-4-13 of the Administrative Code and the records retention manual posted on the intranet of the Owens community college website.

(C) In accordance with section 149.43 of the Revised Code, a public records request is any transmitted request (whether oral or written) to inspect a public record or to have a public record copied and mailed or electronically transmitted to a requestor.

(D) To facilitate a timely response, members of the media should submit requests to the director of public and media relations. Any other member of the public should submit requests to the college office having custody or control of the records.

(E) The public records request must be described with sufficient clarity to allow the college to identify, retrieve and review the records.

(F) Copies or inspection of public records will be made available in a prompt and reasonable timeframe and may include legal review.

(G) Any denial or redaction of public records requested will include an explanation, including legal authority.

(H) This policy shall be accompanied by specific procedures for public records requests. The policy shall be posted in offices most likely to receive public records requests and on the Owens community college website.

(I) Implementation. The vice president for human resources will implement procedures and forms consistent with the provisions of this policy.

Replaces: 3358:11-4-15

Effective: 6/13/2009
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 6/13/2009

3358:11-4-16 Wireless telecommunication devices for business purposes policy.

(A) Purpose. The purposes of this policy is for Owens community college to be compliant with federal regulations; for the eligibility of employees to receive supplemental compensation stipends (taxable to the employee) to cover business-related expenses of employee-owned wireless telecommunication devices; and for the discontinuance of college-owned wireless telecommunication devices exclusively used by individual employees.

(B) Definitions. Wireless telecommunication devices are defined as cellular phones, data card services, personal digital assistants, or any other portable wireless telecommunication devices that have voice and/or data capabilities.

(C) Exceptions. This rule does not apply to college-owned pagers or mobile radios issued to individual buildings and grounds, safety and security personnel. Additional exceptions will be handled on a case-by-case basis for approval by the executive vice president/chief financial officer or designee.

(D) Implementation. The executive vice president/chief financial officer will implement procedures, eligibility criteria and forms that are consistent with this rule.

Replaces: 3358:11-4-16

Effective: 9/20/2008
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 9/20/2008

3358:11-4-17 Anti-discrimination and harassment policy.

(A) Purpose. Owens community college strongly opposes and will not tolerate harassment or discrimination on the basis of age, color, disability, national origin, race, religion, sex, sexual orientation, gender identity, military status, or veteran status. This prohibition extends to discrimination or harassment, based on the protected classes, including the creation of an intimidating, hostile or offensive working or learning environment. Sexual misconduct, sexual assault, dating violence, domestic violence and stalking are forms of sexual harassment prohibited by this rule.

The college recognizes all employees and students should be able to work and learn in safety and dignity and should not have to endure insulting, degrading or objectionable treatment. Any individual who files a complaint or participates in an investigation shall be protected from any form of retaliation arising out of the filing of the complaint or participation in the investigation.

Discrimination and harassment are illegal. This rule and associated procedures are not intended to impair or limit the right of anyone to seek a remedy available under state or federal law. This rule may in some respects exceed the requirements of applicable law. However, this rule will not be enforced so as to infringe upon rights of the first amendment of the United States Constitution, including academic freedom.

(B) Application. This rule and associated procedures are applicable to all aspects of college operations and programs. It applies to all college students and employees, including student-employees, administrators, faculty and staff (bargaining and non-bargaining unit members) as well as to visitors or guests on campus to the extent that there is an allegation of harassment or discrimination made by them against college students or employees. It also applies to all third-party vendors, contractors, subcontractors, and others who do business with the college. Such prohibition extends to off campus conduct or the online/virtual environment if the conduct is in connection with college operations or a college-sponsored program and poses an obvious and serious threat of harm to students or employees, or may have the effect of creating a hostile work and/or educational environment.

(C) Reporting. Any person who believes he or she has been a victim of discrimination or harassment is strongly encouraged to pursue relief by reporting the discriminatory or harassing behavior to the appropriate individual(s). Reports can be made directly to the department of human resources under the federal statutes of Titles VI, VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and Section 504 of the Vocational Rehabilitation Act of 1973.

(D) Any employee who has received a report or who has knowledge of discrimination or harassment must promptly inform the department of human resources.

(E) Action. Each report of discrimination or harassment will be promptly and impartially investigated. Interim measures to prevent continued discrimination/harassment during the complaint investigation will be considered and implemented as deemed appropriate. If the college determines by a preponderance of the evidence that a violation has occurred, the college will take action to provide appropriate relief to the grievant and steps will be taken to prevent future discrimination/harassment and remedy discriminatory effects. This may include disciplinary action against the accused as outlined in applicable student and employee conduct and disciplinary rules, procedures and guidelines as well as associated procedures implemented pursuant to this rule.

(F) Compliance. The department of human resources is the college's designated office for compliance with federal statutes including: Titles VI, VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Americans with Disabilities Act of 1990, Age Discrimination in Employment Act of 1967, Pregnancy Discrimination Act of 1978, Age Discrimination Act (students), Executive Order 11246, Sections 503 and 504 of the Vocational Rehabilitation Act of 1973, and Vietnam Era Veterans' Readjustment Act of 1974, and regulations of the office of federal contract compliance program.

(G) Implementation. The general counsel/vice president, administration and the vice president, enrollment management and student services will jointly implement procedures and forms, which are consistent with the provisions of this rule and applicable law.

Effective: 8/14/2017
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 6/24/2010, 11/26/2011, 9/29/2014

3358:11-4-18 Cybercommuting policy.

(A) Purpose. Owens community college considers cybercommuting to be a viable alternative for the college's business continuity plan, for campus emergencies, pandemic or other catastrophic incidents and situations. Owens community college also considers cybercommuting to be a viable alternative work arrangement on a case-by-case basis where the characteristics of an individual, a job and supervisor are best suited to such an arrangement.

(B) Definition. Cybercommuting is when an employee works either at home, on the road, or at a satellite location for all or part of the regular work week. Cybercommuting is a voluntary work alternative that may be appropriate for some employees and for some jobs. It is not an entitlement; it is not a college-wide benefit; and it in no way changes the terms and conditions of employment with the college.

(C) Application and eligibility. This rule and accompanying procedures are applicable to eligible, non-bargaining unit employees. The approval of a cybercommuting work alternative is on a case-by-case basis, and it is at the convenience and sole discretion of the college.

(D) Implementation. The office of human resources will implement procedures and forms, which are consistent with the provisions of this rule.

Effective: 12/23/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 11/22/2009

3358:11-4-19 Institutional review board for research policy.

(A) Purpose. The board of trustees establishes an institutional review board for the purpose of protecting the rights and welfare of human subjects in research.

(B) Definition. Research at the college means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.

(C) Application. Owens state community college is a publicly funded institution of higher education and is required to comply with federal, state, local laws, regulations and professional protocols. Specifically, 45 C.F.R. 46.101 for protection of human research subjects shall apply to the institutional review board and to individuals who conduct research at/for/or in sponsorship of Owens state community college, regardless of the source of funding.

(D) Authorization. The institutional review board is authorized to take administrative action to apply federal, state and local regulations as well as professional protocols, procedures and guidelines for the purpose of protecting the rights and welfare of human subjects in research conducted at/for/or in sponsorship of Owens state community college.

(E) Implementation. The college's chief academic officer shall make appointments to the institutional review board. The institutional review board shall review all projects and programs involving human subjects, and the board shall function under the direction of the assigned institutional official, who is responsible for research oversight and whose office shall support the activities of the institutional research board.

Replaces: 3358:11-4-19

Effective: 1/9/2012
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 1/9/2012

3358:11-4-20 College vehicle operation policy.

(A) Purpose. The purpose of this rule is to provide for the safe operation of college or personal vehicles for college-sanctioned travel or for authorized college purpose.

(B) Definition. College vehicles are owned, leased, rented, loaned or controlled by the college. Personal vehicles are privately-owned by individuals who are conducting authorized college business or travel.

(C) Application. This rule, associated procedures and laws apply to any college employee, student or independent contractor who is licensed, insured and operates a vehicle for an authorized college purpose.

(D) Action. Applicable individuals who are in violation of this rule, associated procedures or laws shall be subject to disciplinary action.

(E) Implementation. The designee of the executive vice president for business affairs will implement procedures and forms consistent with the provisions of this rule.

Replaces: 3358:11-4-20

Effective: 9/30/2011
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 9/30/2011

3358:11-4-21 Use of college buildings and grounds policy.

(A) Purpose. The purpose of this rule is to facilitate the free exchange of ideas and the safe and efficient operation of Owens community college by:

(1) Maintaining an appropriate educational and work environment for all persons present on college property, including but not limited to students, faculty, employees, customers and visitors.

(2) Maintaining the personal security of all persons present on college property and protecting the property of the college and of persons present on college property.

(3) Fostering free speech, assembly and other expressive activities on college property.

In developing this rule, the college recognizes the constitutional freedoms guaranteed by the United States and Ohio Constitutions, including freedom of speech, press and assembly. The college also recognizes the need to preserve and protect its property, students, guests and employees of the college, and to ensure the effective operation of educational, business and related activities of the college. Expressive activities on the college's campus may be subject to reasonable regulation with regard to the time, place and manner of the activities. College employees will not consider the content of expressive activities when enforcing this rule. No rule can address every possible activity or situation that may occur on college property, and the college reserves the right to address such situations as circumstances warrant.

This rule does not apply to use of college facilities and grounds for official events sponsored by the college.

Expressive activities carried out under this rule shall not be considered to be speech made by, on behalf of or endorsed by the college.

(B) Outdoor areas generally available for use.

(1) General access. Any person or group may use, for expressive activity without prior notification, any publicly accessible outdoor area of the college's Toledo-area campus or Findlay-area campus except parking lots, pedestrian bridges, enclosed outdoor courtyards, porticos of college buildings and driveways. Federal, state, local laws and college rules will be enforced as applicable. The use of walkways or other common areas may not impede ingress or egress to the college, any college property, parking lot, building, facility or event or impede the regular operation of the college. Use of the general access areas may include speaking, non-verbal expression, distributing literature, displaying signage and circulating petitions. There is no limit to the number of times a month a person or group may access those areas.

Various outdoor areas for special access events may be available for rent by outside entities through contacting either the director of auxiliary services (Toledo) or the director of events (Findlay).

(2) Amplification. During work and class hours or if the area is currently in use for an official college event, amplification may be restricted if it unreasonably interferes with college operations or noise ordinances are violated.

(3) Learning centers or offsite locations. The college's learning centers or offsite locations are leased facilities and not owned by the college. The facilities generally do not include any outdoor space leased or controlled by the college, therefore, no publicly accessible outdoor areas are available for use under this rule. Where any outdoor space is controlled by the college, this rule applies.

(4) Large groups. Except in circumstances described, any person or group, whose use of an outdoor area is expected or reasonably likely to have more than one hundred people, must notify the college's director of public safety/chief of police at least two lousiness days before the day of the expressive activity, including information as to the specific location to be used for the event and the estimated expected number of persons, and the name and contact information of at least one person who can be contacted regarding logistics of the event, which shall include at least one person who will be personally present.

Prior notice. Prior notice is necessary to ensure that there is sufficient space for the large group event, that the large group event does not conflict with any other scheduled use of the outdoor space, and that sufficient college resources are available for crowd control and security. If such advance notice is not feasible because of circumstances that could not be reasonably anticipated, the person or group shall provide the college with as much advance notice as circumstances reasonably permit.

(C) Student use. In addition to the general right of access to outdoor areas of campus as described, any student or registered student organization may seek to reserve the use of specific outdoor areas by contacting student activities/student life. Any request by a student or registered student organization to reserve such area or space shall be made at least two business days prior to the event. A registered student organization or group of students, which has reserved a specific area or space under this paragraph will have priority over any other person seeking to use the area or space during the scheduled time period, excepting any unforeseen educational necessity. A request will be granted unless it would conflict or interfere with a previously scheduled event or activity or violate this rule.

(D) Indoor space. While Owens community college and its educational functions have first consideration of use, various indoor spaces or rooms identified by the college may be made available for use for expressive activity by faculty, staff, students or registered student organizations. Registered student organizations can contact the office of student activities or the location director for offsite learning centers for additional information about the procedures and requirements for use and reservation of these spaces or rooms. Various spaces or rooms identified by the college may also be available for rent by outside entities. Faculty, staff, students and outside entities can contact the director of auxiliary services (Toledo) or the director of events (Findlay) for additional information about the procedures and requirements for use and reservation of these spaces or rooms.

(E) Any decision denying a request shall be promptly communicated in writing to the requester and shall set forth the basis for the denial. The content of the anticipated speech or other expressive activity shall not form the basis for a denial. Decisions shall be made by the vice president/treasurer or designee.

(F) Prohibited activities.

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

(2) No activity can damage college property. Prohibited actions include but are not limited to driving stakes or poles into the ground, hammering nails into buildings and attaching anything to sidewalks, paved areas, or any part of any building, structure or fixture.

(3) Activities that do not comply with appropriate building code regulations, fire codes or safety standards are prohibited.

(4) Distribution/solicitation by placing any material on vehicles in the parking lots is prohibited. Leaving trash, litter, materials or pollutants in any area is prohibited.

(G) Enforcement. The director of public safety/chief of police, the department of public safety or local law enforcement shall enforce the provisions of this rule. Any person who violates this rule may be subject to an order to leave college property. Employees in violation of this rule may be subject to discipline, up to and including termination.

(H) Dispute resolution. Any person or registered student organization who believes unlawful, unreasonable, or arbitrary limitations have been imposed on any such speech or other expressive activity under this rule may file a complaint with the college general counsel.

(I) Implementation. The vice president/treasurer or designee may implement procedures or forms consistent with the provisions of this rule.

(J) Effect on prior policy. This rule repeals and supersedes all portions of the Owens community college rules of 3358:11-3-43 (student organization use of college facilities), 3358:11-4-05 (solicitation and distribution activities), and 3358:11-4-14 (facilities use) of the Administrative Code.

Replaces: 3358:11-4-21

Effective: 12/26/2013
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08
Prior Effective Dates: 12/26/2013

3358:11-4-22 Smoke-free and tobacco-free college policy.

(A) Purpose. The Ohio board of regents has recommended all Ohio public colleges to implement tobacco-free campuses. Health risks, hazards, loss and other detriments associated with tobacco use are well documented. The purpose of this rule is to promote the health and wellness of students, employees and visitors and to enhance the safe and efficient operation of Owens community college by:

(1) Improving the quality of the learning environment and by valuing the people who learn, instruct, and work at the college, and those who visit the college;

(2) Facilitating the efficient operation of the college by maintaining the safety, cleanliness and appearance of college grounds and buildings.

(B) Policy statement. Effective January 1, 2016, Owens community college will be smoke-free and tobacco-free. Smoking and the use of tobacco products are not permitted in any college building, college vehicle, bus, or on college grounds/property owned or controlled by the college.

Additionally, the college will not sell or advertise tobacco through any means, including but not limited to, events in college-owned or sponsored media or on college property.

(C) Definitions.

(1) Smoking is defined as the act of emitting smoke or vapor; to inhale or exhale smoke/vapor; to burn or to carry any product or device for burning tobacco or any other plant.

(2) Tobacco product is defined as any product made, containing or derived from tobacco that is intended for human consumption, including any component, part or accessory of a tobacco product.

(3) Second hand smoke/vapor is defined as the smoke/vapor exhaled from the lungs or the mixture of the smoke or vapor from the lit end of a smoking product.

(4) Examples of smoking products or use of tobacco products include but are not limited to cigarettes (clove, bidis, kreteks) electronic cigarettes or nicotine vaporizers, cigars, cigarillos, hookah-smoked products, pipes, oral tobacco (spit, spitless, smokeless, chew, snuff) and nasal tobacco (snus). It also includes any product intended to mimic tobacco products, contain tobacco flavoring or deliver nicotine other than for the purpose of cessation.

(D) Application.

(1) This rule applies to all campuses, satellite locations and property owned or controlled by the college and includes college vehicles and buses.

(2) This rule applies to all employees, students, visitors and contractors.

(3) Event organizers are responsible for communicating and enforcing this rule to visitors attending events and athletic games on college grounds.

(E) Enforcement. Individuals are encouraged and empowered to respectfully advise persons smoking or using tobacco to immediately cease in compliance with the provisions of this rule in an ongoing effort to support smoke-free/tobacco-free individuals, to reduce second hand exposure, to improve the quality of the learning environment and to facilitate the safety, cleanliness and appearance of college grounds and buildings.

(F) Disciplinary sanctions and appeals. Students in violation of this rule are subject to rule 3358:11-3-11 of the Administrative Code (student code of conduct). Employees in violation of this rule are subject to rule 3358:11-5-52 of the Administrative Code (standards of conduct and disciplinary procedure).

(G) Exceptions.

This rule does not apply to smoking cessation products approved by the food and drug administration, which include but are not limited to skin patches, lozenges, gum and prescription medicines.

(H) Implementation. The president or designee shall implement procedures and processes consistent with the provisions of this rule.

(I) Effect on prior policy. This rule repeals and supersedes all portions of the Owens community college rule of 3358:11-4-03 of the Administrative Code (smoke-free buildings/vehicles).

Effective: 1/1/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358, 08

3358:11-4-23 Motor vehicle regulations and parking policy.

(A) Purpose. To provide safety and control of parking and the operation of motor vehicles on property owned or controlled by the college.

(B) Definition. A motor vehicle includes an automobile, van, truck, motorcycle, motorbike or any other vehicle required to be licensed by the state of Ohio or another state or a dually authorized governmental agency for the current registration period. License plates must be displayed and properly mounted as required by law.

(C) Application. This rule and accompanying procedures are applicable to students, employees, guests or others who park on any property owned or controlled by the college.

(D) Regulations.

(1) All vehicles shall be parked within a single parking space. The responsibility of finding a legal parking space rests with the vehicle operator. The lack of space is not considered a valid excuse for violation of either the rule or other posted regulations or signage.

(2) Faculty, staff, students and visitors may park in the yellow-lined spaces that are provided in all college parking lots. These spaces are not designated nor do the spaces require a parking permit.

(3) The college has assigned faculty/staff parking spaces, marked with green lines. A valid parking permit is required and must be properly displayed while the vehicle is parked in such designated space.

(4) The college provides handicapped parking (marked with signage and blue lines) in convenient spaces near major buildings. A valid state handicap placard is required and must be properly displayed while the vehicle is parked in such designated space.

(5) The college provides some parking meters in convenient spaces for faculty, staff, students and visitors conducting business within a two-hour time span. The meters are regularly monitored; vehicles exceeding the time limit may be subject to a fine.

(6) All motor vehicles shall operate within the posted speed limits on the college streets and those streets surrounding the campus; motor vehicles shall not exceed ten miles-per-hour in the parking lots. An individual shall safely operate a motor vehicle with due regard for traffic, surface, width of the street and for any other condition then existing. No individual shall operate a motor vehicle at a greater speed than that which will permit the individual to bring it to a stop within cleared assured distance.

(7) It shall be the duty of the motor vehicle operator to yield the right-of-way to a pedestrian walking on any street, sidewalk or parking lot.

(8) All entrances, driveways or yellow-curbed areas are fire lanes and must be accessible at all times to emergency vehicles.

(9) An accident or any damage caused by or involving a motor vehicle shall be immediately reported to the department of public safety.

(10) In the absence of a specific regulation, all applicable provisions of the Revised Code shall be in full force and effect on property owned or controlled by the college.

(E) Violations. A vehicle or person in violation of the rule for motor vehicle regulations and parking shall be subject to a fine. For certain situations or violations, a vehicle may be towed at the owner's expense. Violations include but are not limited to:

(1) A motor vehicle improperly parked, which includes but is not limited to: on the grass or ground, in a resticted area, or otherwise where it is determined to be a safety or traffic hazard, or is abandoned. Overnight parking is only permissible when reported in advance to the department of public safety.

(2) A motor vehicle illegally parked, which includes but is not limited to: a handicapped parking space, a metered space, restricted area, fire lane, driveway, entrance, sidewalk, loading zone, closed or controlled area for emergency or maintenance service.

(3) Unless otherwise directed by a police officer, any violation of a traffic law or parking regulation on any college owned or controlled street, driveway or parking lot.

(F) Enforcement. The director of public safety/chief of police, the department of public safety or designated local law enforcement agencies shall enforce motor vehicle regulations, parking and the provisions of this rule.

(G) Appeal. A parking ticket appeal process may be initiated by completing an electronic ticket waiver form through the department of public safety.

(H) Implementation. Under the direction of the president, the vice president/chief financial officer may set or adjust the schedule of fines and implement related procedures, guidelines and forms. Motor vehicle regulations and parking information is provided through the department of public safety.

Effective: 5/28/2015
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08

3358:11-4-24 Construction purchasing policy.

(A) Threshold for competitive bidding. A capital improvement project, whether local or state funded, with a project cost of fifty thousand dollars and above must follow a formal competitive bidding process, including advertising, in accordance with section 9.312, section 3358.10 and Chapter 153. of the Revised Code.

(1) Improvement projects with a total project cost equal to or greater than fifty thousand dollars shall be advertised after the notice calling for bids has been published once a week for three consecutive weeks in at least one newspaper of general circulation within the Owens community college district where the work is to be done.

(2) The board of trustees shall approve the contract of the recommended lowest responsive and responsible bidder. Such contracts shall be accompanied by or shall refer to plans and specifications for the work to be done. Such contracts shall be signed by the board of trustees chairperson and by the contractor.

(3) The treasurer/chief financial officer shall certify there are sufficient funds for the project in accordance with section 3358.10 of the Revised Code.

(4) The college shall obtain a bid bond and performance and payment bond for all projects with a total project cost equal to or greater than fifty thousand dollars.

(5) A project may not be divided into separate projects to avoid competitive bidding.

(6) Thresholds are based on total project cost, not contract cost, regardless of the source of funds.

(B) Project below threshold. A capital improvement project with a total project cost less than fifty thousand dollars is not required to follow the formal competitive bidding process; however, a project with a total project cost of ten thousand dollars and up to forty-nine thousand nine hundred ninety-nine dollars, requires that three written quotations be obtained whenever possible.

(1) If less than three quotations are available, the reasons must be documented in writing.

(2) The college shall select the quote or proposal that is in the best interest of the college.

(3) Project administrators shall avoid any potential conflict of interest and any action, which might result in the appearance of impropriety. All proposed contractors shall receive the same information, and any questions and answers shall be made equally available to all proposed contractors.

(4) The college may accept or reject any or all proposals or quotes, in whole or in part.

(5) Any change to specifications may require an extension of the time for receiving quotations or proposals, or a re-issuance of the solicitation.

(6) The college will make a case-by-case decision as to when a bid bond and performance and payment bond will be required for construction projects that cost less than fifty thousand dollars. In general, a bond will be required for all projects for which the total cost is equal to or greater than fifty thousand dollars, and for all projects of any cost involving demolition, excavation, utility work, hazardous materials, specialized work, or roofing.

(C) Prevailing wage projects. All prevailing wage projects shall be managed by the college's prevailing wage coordinator.

(1) For improvement projects with a total project cost equal to or greater than seventy-five thousand dollars (or other threshold as determined under Chapter 4115. of the Revised Code,) the project administrator must include prevailing wage rates in the bidding specifications and in the contract.

(2) For all parking lot, road, street, alley, sewer, or ditch related projects that exceed prevailing wage thresholds determined biennially by the Ohio department of commerce, the project administrator must include prevailing wage rates in the bidding specifications and in the contract consistent with Chapter 4115. of the Revised Code.

(3) If a project involves any federal funds, legal counsel should be consulted to determine whether federal prevailing wage rates apply.

(D) Documentation and process for all construction projects. For all construction projects, regardless of size, the following are required:

(1) Debarment list. Review the state of Ohio debarment list to ensure that none of the contractors are barred from doing business with the state.

(2) Findings for recovery. Ensure that each contract includes a provision for findings for recovery.

(3) Secretary of state. Ensure with the Ohio secretary of state office that each contractor is properly registered to do business.

(4) Drug-free safety program. Require proof that each contractor has a valid drug-free safety policy approved by the Ohio bureau of worker's compensation.

(5) Notice of commencement. Issue a notice f commencement for all projects of any size that involve construction or construction-related work. A copy of the notice shall be sent to all contractors and to all subcontractors of whom the college is aware. The notice shall be posted at the college's website or other publicly visible space.

(6) Contract form and time of completion. Use a contract form and include the estimated time for completion of the project.

(7) Non-discrimination clause. The contract shall contain the nondiscrimination clause provided for in section 153.59 of the Revised Code.

(8) Release form. A signed payment release affidavit form from each contractor that affirms payment of prevailing wages and release of all potential lien claims is required before the college can release the final payment to the contractor.

(9) Certification of contract completion form. A certified contract completion form from each contractor is required before the college can release the final payment to the contractor.

(E) Insurance requirements. For projects equal to or greater than fifty thousand dollars, and for all projects of any size involving demolition, excavation, utility work, hazardous materials, specialized work, or roofing, insurance coverage will be required. Such insurance shall be written by a company or companies authorized to engage in the business of general liability insurance in the state of Ohio with an a.m. best rating of at least "a" or be otherwise approved in writing by the college. Any insurance policy required hereunder shall include an endorsement naming the college and the state of Ohio as additional insured. Coverage amounts are as follows:

(1) Five hundred thousand dollars on account of bodily injury to or death of one person; and

(2) One million dollars on account of bodily injuries or death of more than one person as a result of any one accident or disaster; and

(3) Two hundred fifty thousand dollars for property damage in any one accident or disaster.

(F) Sole source specifications. The college shall follow the state's rules as published by the Ohio facility construction commission regarding the use of sole source specifications, which include but are not limited to the following requirements.

(1) The performance requirements of a given product cannot be so narrow as to restrict competition. Any component of other manufacturer's or vendor's product which meets the performance requirements of the procurement documents may be considered equally acceptable provided the component is submitted to the architect/engineer as a substitution request prior to the bid opening with sufficient time for the architect/engineer to review, and approve, and to notify all bidders by issuing an addendum.

(2) Proprietary specifications may call for a particular brand and model to be used. Whenever any product is specified by brand name (such as the manufacturer's or supplier's name or trade name and catalog or model number or name), the intent is to establish a standard of quality which the architect/engineer has determined is necessary. In order to foster competition, the architect/engineer is required to develop specifications such that a minimum of three manufacturers are named. If less than three manufacturers are named, the architect/engineer must submit a waiver request. When the architect/engineer lists components produced by specific manufacturers to denote kind, quality, or performance requirements, the component listed first in the specifications is the basis of design component.

(3) Note that sole source specifications have the effect of eliminating competitive bidding and the instances in which its use is permitted have been limited. Under some circumstances, the specifications may call for patented materials, articles, or items which may not be offered by two or three manufacturers. An owner has the authorization to include a sole source specification only when it is clearly in the public interest to do so, after carefully considering the serviceability and cost of the material or article for which the contract is made.

(4) Instances that may support an exception are cases where a specified material must match an existing material in appearance or a system or component must match an existing system or components for functional reasons (such as for hardware keying systems). The specification of a limited number of manufacturers may in some cases be justified in order to achieve specific design intent provided that the value of the specified goods is insignificant in relation to the overall project. In all cases, the scope of work that is covered by a sole source specification should be as minimal as necessary to achieve the intended benefit (such as, lock cylinders instead of door hardware).

(G) State term purchasing of construction services. Construction services may not be purchased from state term schedules, the inter-university council purchasing group, or other purchasing consortiums for projects with a total project cost greater than one hundred ninety-nine thousand dollars.

Effective: 2/13/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08

3358:11-4-25 Investment policy.

(A) The purpose of this rule is to provide a framework for the prudent management of all public funds that will adhere to Chapter 135. of the Revised Code and to all other applicable laws and regulations at all times.

Owens community college shall invest public funds in a manner, which will provide maximum security with the highest investment return, safety and preservation of principal, while meeting the daily cash flow demand and conforming to all applicable statutes governing the investment of public funds.

(B) Authority. The treasurer/chief financial officer is the investment officer of the college and is responsible for the purchase and sale of invested funds and the implementation of the investment rule. The treasurer/chief financial officer will adhere to the investment rule, section 3358.06 of the Revised Code, section 3345.05 of the Revised Code, and all other applicable laws and regulations.

(C) Scope. The investment rule applies to all financial assets of the college, including state and federal funds held by the college. The treasurer/chief financial officer or designated staff shall routinely monitor the composition of the college's investment portfolio, the available markets and relative value of competing investments and will adjust the portfolio accordingly.

(D) Standard of prudence. The standard of prudence to be applied by the treasurer shall be the industry prudent-person standard, which states, "investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived."

Acting in accordance with the investment rule or any other appropriate written procedures pertaining to the administration and management of the college investment portfolio while exercising due diligence, shall relieve the treasurer of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported to the board of trustees in a timely fashion and appropriate action is taken to respond to adverse developments.

(E) Objectives. The primary objectives of the college's investment activities are in priority order, as follows:

(1) Safety. The safety of principal is the foremost objective of the investment program. College investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Diversification is required in order that potential losses on individual securities are not excessive relative to the income generated from the remainder of the portfolio.

(2) Liquidity. The college investment portfolio will remain sufficiently liquid to enable it to meet all operating requirements, which might be reasonably anticipated.

(3) Return on investment. The college's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account this investment rule and the cash flow characteristics of the portfolio.

(4) Minimization of cost of services. The fourth objective is to minimize transaction costs. Relationships with securities dealers, investment bankers, and other entities providing investment services will be carefully managed to secure high quality services while simultaneously minimizing costs.

(F) Ethics and conflict of interest. Designated college employees involved in the investment process shall refrain from personal business activities that could conflict with proper execution of the investment program, -including having any material financial interest involved in financial institutions or any substantial personal financial or investment positions that could be related to, or affected by, the performance of the college's portfolio. All employees, officers and investment consultants to the college shall subordinate their personal investment interests to those of the college, particularly with regard to the timing of purchases and sales.

(G) Authorized financial dealers and institutions. The treasurer/chief financial officer shall maintain a list of financial institutions and approved security broker/dealers selected by creditworthiness who are authorized to provide investment services and who qualify under division (M)(1) of section 135.14 of the Revised Code.

(1) All financial institutions and broker/dealers, which desire to become qualified to handle investment transactions for the college should provide the treasurer/chief financial officer with: audited annual financial statements; proof of good standing with the office of the comptroller of the currency and state banking regulators;, national association of security dealers certifications; proof of Ohio registration; and biographical and regulatory information regarding the employees who would be the primary contact.

(2) All financial institutions, broker/dealers and consultants, which desire to conduct investment business for the college must certify that they have read, understood, and agree to abide by this policy.

(H) Authorized investments. The authorized investments below constitute a nonexclusive list of appropriate investments, as follows:

(1) The Ohio subdivision's fund, also known as the state treasury asset reserve of Ohio fund, set forth in section 135.45. of the Revised Code.

(2) Certificates of deposit of any national bank located in the state of Ohio.

(3) No-load money market mutual funds, rated in the highest category by at least one nationally recognized rating agency, investing exclusively in the types of eligible securities as defined under sections 3345.05 and 3358.06 of the Revised Code. Eligible money market funds shall comply with section 135.01 of the Revised Code, regarding limitations and restrictions.

(4) Bankers' acceptances, maturing in two hundred seventy days or less, rated in the highest category by one of two nationally recognized rating agencies.

(5) United States of America treasury bills, notes, and bonds; various federal agency securities including issues of federal national mortgage association, federal home loan mortgage corporation, federal home loan bank, federal farm credit bank, student loan marketing association, government national mortgage association, and other agencies or instrumentalities of the United States of America. Eligible investments include securities that may be "called" prior to the final maturity date. Any eligible investment may be purchased at a premium or a discount. All federal agency securities shall be direct issuances of federal government agencies or instrumentalities.

(6) Bonds and other obligations of the state of Ohio.

(I) Prohibited investment practices. In addition to any other prohibitions in the Revised Code, the college shall not:

(1) Contract to sell securities that have not yet been acquired on the speculation that prices will decline.

(2) Make any investment in "derivations' as defined in division (C) of section 135.14 of the Revised Code.

(3) Invest in a fund established by another public body for the purpose of investing public money of other subdivisions unless the fund is the Ohio subdivision's fund (state treasury asset reserve of Ohio fund).

(4) Enter into reverse repurchase agreements.

(5) Leverage current investments as collateral to purchase other assets.

(6) Invest in stripped principal or interest obligation of otherwise eligible obligations.

(J) Diversification. The college will diversify its investments by security, type and institution. With the exception of direct obligations of the Ohio subdivision's fund (state treasury asset reserve of Ohio fund), no more than seventy-five per cent of the college's total investment portfolio will be invested in a single security type or with a single financial institution.

(K) Maximum maturities. To the extent possible, the college will attempt to match its investments with anticipated cash flow requirements. No investment shall be made unless the treasurer/chief financial officer, at the time of making the investment, reasonably expects it can be held to its maturity. Unless there is no loss to be suffered due to possible early liquidation, the college will not directly invest in securities maturing more than five years from the date of settlement.

(L) Safekeeping and custody. All security transactions, including collateral for repurchase agreements, entered into by the college shall be conducted on a delivery-versus-payment basis. Securities will be held by a third party custodian designated by the treasurer/chief financial officer and evidenced by safekeeping receipts. Pledge collateral will only be released by the college after verifications that the principal and interest have been credited to the college's account.

The treasurer/chief financial officer may require any depository holding a significant portion of the portfolio to identify specific collateral and to deliver that collateral to the federal reserve bank as security for the deposit.

(M) Internal controls. The treasurer/chief financial officer is responsible for internal controls, which include but are not limited to:

(1) The treasurer/chief financial officer shall maintain a current inventory of all investments, including:

(a) Description of each security

(b) Cost

(c) Par value

(d) Dates (beginning, settlement, maturity)

(e) Rates

(f) Seller

(2) The establishment of an investment committee consisting of the treasurer/chief financial officer, controller and budget officer. The investment committee shall generally meet monthly and review investment options.

(a) With the approval of the board of trustees, the investment committee may authorize the services of an investment advisor who meets both of the following qualifications:

(i) Licensed by the division of securities under section 1707.141 of the Revised Code; or, registered with the securities and exchange commission.

(ii) Demonstrated experience in the management of investments of public funds, particularly in the investment of state-government investment portfolios; or, is an eligible institution as a public depository in accordance with section 135.03 of the Revised Code.

(b) The investment advisor may assist in the management of the college's portfolio and will share the responsibility for the investment and reinvestment of such investment assets, including the execution of investment transactions. Upon the request of the board of trustees finance committee or the treasurer/chief financial officer, the investment advisor will report on all aspects of the college's portfolio, including bond market conditions affecting the value of the college's investments. The investment advisor may transact business (execute the purchase and/or sale of securities) with eligible financial institutions, in accordance with this investment rule. The investment advisor will be required to issue monthly and quarterly portfolio reports to the treasurer/chief financial officer, as defined in this investment rule.

(3) The treasurer/chief financial officer shall provide an investment report at regularly scheduled meetings of the board of trustees finance committee.

The investment report will include a list of all investments and a report on investment activity and returns.

(N) Education. The treasurer/chief financial officer shall participate in continuing education training programs sponsored by the state treasurer or the state auditor, in which the treasurer/chief financial officer is required to participate pursuant to section 135.22 of the Revised Code. Through participation in such programs, the treasurer/chief financial officer will develop and enhance background and working knowledge in investment, case management and ethics.

(O) Adoption and amendment. The board of trustees shall adopt the investment rule and it shall be annually reviewed for recommended amendment. The treasurer shall file the adopted or amended investment rule with the office of the auditor of state.

(P) Certification of reading, understanding and acceptance of the investment rule by those who desire to conduct investment business with the college.

(1) The undersigned, hereby certifies that it has read, understands and will accept and abide by this investment rule and the relevant provisions of section 135.14 of the the Revised Code in conducting investment business on behalf of Owens community college; that it understands that binding arbitration provisions are not permitted and that any non-binding arbitration provisions governing its relationship with the college must be expressly approved by the Owens community college board of trustees , and that the officer executing this certification is authorized to do so on behalf of the undersigned.

Undersigned:_____________________

Signature:________________________

Title:________________________

Date:________________________

Effective: 2/13/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08

3358:11-4-26 Deposit of funds policy.

(A) Purpose. The purpose of this rule is to provide a framework for the prudent management of all public funds. The deposit of funds shall be in accordance with section 9.38 of the Revised Code (deposit of public moneys).

(B) Definition. Public money and funds includes cash, checks, credit card receipts and electronic transfers.

(C) Deposit of funds. All funds must be deposited with the appropriate office on the business day following the day of the receipt of funds, unless, at the end of a business day, the amount to deposit is less than one thousand dollars, and the funds can be safeguarded. In that case, the deposit may be delayed until the third business day, or when the amount on hand reaches an amount equal to or greater than one thousand dollars, whichever comes first.

Checks received at the college and made payable to Owens community college should be restrictively endorsed upon receipt. The controller's office may be contacted for endorsement stamp specifications.

(D) Non-compliance. Non-compliance with the deposit of funds rule and the time limits will result in a notice of violation that will be shared with the appropriate dean/supervisor or vice president/president and the controller. Depending on the circumstance, non-compliance may be subject to the Owens community college rule 3358:11-5-52 of the Administrative Code (standards of conduct and disciplinary process policy and corresponding procedures).

(E) Implementation. The controller's office will implement the provisions of this rule.

Effective: 12/23/2016
Promulgated Under: 111.15
Statutory Authority: 3358.08
Rule Amplifies: 3358.08