Chapter 3359-47 Policies and Statements on Alcohol, Property and Diseases on University Property

3359-47-01 Alcohol policy.

(A) The university of Akron neither encourages nor discourages the use of alcoholic beverages, but the university does condemn the abuse of alcoholic beverages. It is the intent of the alcohol policy of the university of Akron to define guidelines for those members of the university community who choose to use alcoholic beverages that will provide for the responsible use consistent with the laws and regulations of the state of Ohio.

(B) The university of Akron supports those programs leading to better understanding of the use and abuse of alcohol. Availability of further educational efforts designed for those students and other members of the university community who seek to make informed choices where alcohol is involved is encouraged.

(C) All members of the university community are responsible for making decisions about their actions within the context of Ohio state law and university regulations. In addition, awareness of the rights of others within our community who may choose not to use alcoholic beverages must be honored.

(D) University requirements.

(1) All consumption, possession, and/or distribution of alcoholic beverages will be consistent with the laws and regulations of the state of Ohio.

(2) No person under the age of twenty-one may order, pay for, share the cost of, attempt to purchase or consume any beer or alcoholic beverages.

(3) No person shall be in possession of an opened container of alcoholic beverage in any public place unless that place is approved for the consumption of beer or alcoholic beverages and that opened container of alcoholic beverage has been obtained therefrom.

(4) No person shall consume any beer or alcoholic beverage in a motor vehicle. This regulation includes drivers and passengers in automobiles (moving or parked), motorcycles, motor boats, i.e., any vehicle.

(5) No person under twenty-one shall handle, deliver, sell, or serve beer or any alcoholic beverage. [Except a person eighteen years old or older may handle beer in a sealed container and may clear tables where alcoholic beverages have been consumed.]

(6) It will be the responsibility of the sponsoring organization, when holding an event where beer and/or alcoholic beverages will be served or sold, to take reasonable precautions to identify under-age persons to conspicuously post written warnings as noted in appendix A to this rule and to ensure that alcoholic beverages are not served to such persons. [The university suggests a check-in table where driver's licenses will be checked and where those who are under-aged are hand-stamped. Individuals who do not match their description and photograph should not be served. If there is any question whatsoever of a person being of the proper age to buy beer or alcoholic beverages, the checker (bartender, student officer, or employee) should indicate by stamping or refuse service until she/he is wholly satisfied regarding the age of the person.]

(7) State law requires that no person who appears visibly intoxicated should be served any beer or alcoholic beverage. If the person, by his/her demeanor or appearance, seems to be intoxicated, that is sufficient evidence to deny service.

(8) Liquor permit holders are not allowed to give away beer or alcoholic beverages; gift certificates for same may not be given away or sold by permit holders.

(E) Procedures for policy implementation for events where alcoholic beverages will be used.

(1) Those who are responsible for organizing and overseeing social events must also comply with state law and university regulations.

(2) Social events for students, or events to which a significant number of students are invited, sponsored by university organizations and/or departments, at which alcoholic beverages are served must be registered via the major events process. Events held in the student union must be registered with the department of student life. Those events sponsored by residence hall organizations must be registered in the office of residence life and housing. Those events sponsored by a Greek-letter organization must be registered with the office of Greek life as a major event and adhere to the policies and procedures set forth by the office of student life for a major event. Groups which are uncertain about whether registration is required should contact the department of student life.

(3) Sponsors of events held on property owned or leased by the university of Akron (other than in private residence hall rooms, suites, or townhouses in compliance with state laws) must use university dining services as their third-party vendor. The registering office will facilitate this permission for the sponsoring group.

(4) The charge for the alcohol sold will be set by university dining services.

(5) Any event associated with the university may not be promoted for the consumption of alcoholic beverages and/or beer. Prices of the beer or alcoholic beverages may not be advertised other than at the point of distribution.

(6) Sufficient amount and equally visible, alternative, non-alcoholic beverages must be made available whenever alcoholic beverages are available to be sold at the same or lower price as is the beer or alcoholic beverage. Snacks and/or food must be made available at all places where beer and alcoholic beverages are served.

(7) Individuals who sign the registration form and who thus sponsor an event will be responsible for behavior at the event.

(8) Alcohol use/abuse is no excuse for unacceptable behavior.

(F) Failure to comply with the university alcohol policy may result in appropriate disciplinary sanctions.

Replaces: 3359-47-01

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 02/04/83, 02/04/99, 06/25/07

3359-47-01.1 InfoCision stadium - Summa field alcohol policy.

(A) The sale and consumption of alcoholic beverages shall be permitted at InfoCision stadium - Summa field on the club and suite levels, the press tower, the concourse levels and in designated general seating areas during all university of Akron football games and at other designated university and/or non-university contracted entertainment events. The sale and consumption of alcoholic beverages in the concourse levels and general seating areas during university of Akron football games shall be limited to beer only. Sales in other areas shall be authorized as approved in this rule and in accord with applicable liquor licenses issued by the state of Ohio.

(1) The sale and consumption of alcoholic beverages shall not be permitted during grade school or high school athletic events.

(2) The sale and consumption of alcoholic beverages shall not be permitted during any use of the facility as a national collegiate athletic association championship venue.

(3) The sale and consumption of alcoholic beverages at non-football university events or at non-university contracted entertainment events must be approved in advance by either the president or the senior vice president, provost and chief operating officer.

(B) University requirements for the sale of alcoholic beverages at InfoCision stadium - Summa field.

(1) All consumption, possession, and/or distribution of alcoholic beverages shall be consistent with the:

(a) Laws and regulations of the state of Ohio;

(b) University rules and regulations, including rule 3347-47-01 of the Administrative code;

(c) Applicable permit for the sale of alcohol, which is issued by the state of Ohio; and

(d) Rules and regulations of the national collegiate athletic association and any other governing athletic body.

(2) No person under the age of twenty-one may order, pay for, share the cost of, attempt to purchase or consume any alcoholic beverages.

(C) The director of athletics shall be responsible for the development, management and implementation of an "operations plan" for the sales and consumption of alcoholic beverages at InfoCision stadium - Summa field that is consistent with this policy. Such plan shall be subject to the approval by both the chief of police and the senior vice president, provost and chief operating officer.

Replaces: 3359-47-01.1

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 05/18/12

3359-47-02 Drug-free workplace policy.

The university considers the use of drugs as well as their abuse to be a very serious matter and one that cannot be tolerated. As a responsible source and participant with the federal government in many programs and activities, including student financial aid and federal grants and contracts for research, the university is required to follow federal law, including the "Safe and Drug Free Schools and Communities Act" and the "Drug Free Workplace Act" and cannot tolerate the illegal use of drugs in the face of the federal government's increasing efforts to combat drug abuse. Therefore, it is expected that employees will abide by the terms of this policy.

It shall continue to be the policy of the university of Akron to maintain a drug-free workplace. Recognizing that illegal drug use poses health and safety hazards to employees and to the community at large, the possession or use of illegal drugs on all university property and at any other location where employees are conducting university business is prohibited. All employees are henceforth notified that the unlawful manufacture, distribution, dispensing, possession, or use of any drug or controlled substance is prohibited at the university of Akron.

(A) Drug-free awareness program.

The university of Akron hereby establishes a drug-free awareness program. Under this program, the university will from time to time publish literature warning about the dangers of the abuse of drugs in the workplace or in any environment. The program will specifically cover the following major topics:

(1) Health and safety concerns associated with drug abuse;

(2) University policy regarding illegal drug use;

(3) Availability of counseling and assistance for employees;

(4) Penalties that may be imposed for drug-abuse violations.

(B) Medical marijuana.

The use and possession of marijuana is prohibited by, and remains both a violation of university policy and a crime under federal law, despite Ohio law allowing certain activities related to the possession and use of medical marijuana. This prohibition applies even when the possession and use would be legal under the laws of the state of Ohio. Individuals with medical marijuana prescriptions/cards are not permitted to use medical marijuana on campus, in the conduct of university business or as related to any university activity. Sanctions for students and employees who are found to be in possession of, or using medical marijuana will be consistent with applicable university rules and may include suspension, dismissal and/or termination from employment. This prohibition does not extend to research related to marijuana that is approved by an authorized federal, state or local entity. The university will reasonably accommodate employees and students who are legally authorized Ohio medical marijuana users on a case-by-case basis.

(C) Compliance with university substance abuse policy.

All university of Akron employees are expected to abide by the terms of this policy. An employee found to be in possession of or using illegal drugs shall be subject to the sanctions. Such employee shall be subject to such disciplinary procedures as from time to time are promulgated by the board of trustees, up to and including termination, but in accordance with the established rights of the employee, including the right to due process.

The university of Akron board of trustees reserves the right to test and to otherwise secure the workplace in order to achieve and maintain compliance with the "Drug-Free Workplace Act," subject, however, to those rights guaranteed to employees, the requirements of applicable statutes and regulations, and the restraints contained in the state and federal constitutions.

All university employees who are engaged in employment or other work under the terms of any grant from an agency of the federal government shall as a condition of employment abide by the following requirements:

(1) Acknowledge receipt of and abide by the terms of the university's drug-free policy.

(2) Notify his/her administrative supervisor of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. Any employee who fails to report a substance abuse conviction within five days will be subject to sanctions, up to and including termination of employment.

Upon receipt of notice under the preceding paragraph or if the university should otherwise receive actual notice of such conviction, the university shall notify the granting or contract agency within ten days after receiving such notice.

Any employee who is in any way chemically dependent will not be disciplined for disclosing his/her dependency; such employee will not be disciplined for not coming forward, unless the dependency hinders the ability of the employee to perform his/her job. If it is found that the dependency adversely affects the employee's job performance, such employee shall be subject to sanctions, up to and including termination.

Upon receipt of a notice of conviction of an employee for violation of any criminal drug statute, the university, within thirty days of receiving such notice, shall:

(a) Take appropriate personnel action against such an employee subject to established disciplinary procedures, up to and including termination, in accordance with requirements of due process; or

(b) Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

The principal investigator of any grant, project, or contract from a federal agency is required to ensure that each employee engaged in the performance of the grant be given a copy of and acknowledge receipt of this policy.

(D) Employee assistance program.

The university of Akron currently has an employee assistance program to provide confidential, professional counseling services to eligible persons. Such services include assisting employees with problems such as drug abuse. Any employee suspected of drug abuse or other use of drugs will be expected to participate in such program and may be referred thereto. The university's employee assistance program makes available drug counseling and rehabilitation efforts.

(E) Due process.

If any disciplinary action under this policy is taken against an employee who is tenured, nontenured, or not part of a collective bargaining unit, such employee may formally appeal the action to the board of trustees within ten days. Such employee will receive a hearing before the board or its designated representative, at which time the employee may offer evidence, cross examine witnesses, and have an attorney present.

If disciplinary action under this policy is taken against an employee covered by a collective bargaining agreement, the action will be subject to grievance procedures set forth in the bargaining agreement.

(F) Definitions.

For purposes of this policy statement, the following definitions shall apply:

(1) "Unlawful manufacture"--to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug by propagation, extraction, chemical synthesis, compounding, or any combination of the same and includes packaging, repackaging, labeling, and other activities incident to production.

(2) "Distribute"--to deal in, ship, transport, or deliver but does not include administering or dispensing a drug.

(3) "Dispense"--to sell, leave with, give away, dispose of, or deliver.

(4) "Possess or Possession"--having control over a thing or substance but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.

(5) "Use"--use of a drug or other controlled substance.

(6) "Drug abuse offense"--corrupting another with drugs, trafficking in drugs, drug abuse, possessing drug abuse instruments, permitting drug abuse, theft of drugs, deception to obtain a dangerous drug, illegal processing of drug documents, abusing harmful intoxicants, trafficking harmful intoxicants, or illegal dispensing of drug samples; a violation of any existing or former law of this or any other state or of the United States that is substantially equivalent to any of the above offenses; an offense under an existing or former law of this or any other state or of the United States of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using, or otherwise dealing with a controlled substance is an element; or a conspiracy or an attempt to commit, or complicity in committing or attempting to commit any of the above offenses.

(7) "Controlled substance"--a drug, compound, mixture, preparation, or other substance as defined in Chapters 2925. and 3719. of the Revised Code, or as defined by applicable statutes of other states and the federal government.

(G) Good faith.

The university, in adopting and implementing this policy pursuant to the "Drug-Free Workplace Act of 1988," further certifies that it will make a good faith effort to continue to maintain a drug-free workplace and to respect the privacy rights of its employees.

Effective: 12/22/2016
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 05/22/91, 01/31/15

3359-47-03 Computer misconduct policy.

Computer misconduct, intentional disruption of a computer system, reckless experimentation in the operation thereof, through the use of computer viruses or other such disruptive methods, improper use or obtainment of a computer password, unauthorized examination or view of computer records, and other unauthorized or wrongful use of a computer or its systems are considered by this board to be ethically improper and, in certain circumstances, serious criminal offenses.

It is the policy of the university of Akron that any such improper use or uses of university computing resources shall, in addition to civil and/or criminal penalties, be grounds for university disciplinary action against the offender. Such disciplinary action may include loss of all privileges with respect to the use of university computing resources; and may include formal disciplinary sanctions against employees and/or students up to and including termination of employment and dismissal.

It shall be the responsibility of everyone using university computing resources to remain vigilant for any signs of improper computer activity and report the same immediately to the vice president for information technology and CIO, the senior vice president and provost and chief operating officer, the vice president for student affairs, and/or university police. Any individuals using or distributing software to others for use in any computer system or computer resources of the university of Akron are expected to utilize reasonable care to assure that the disks or transmitted matter are free of any destructive code, from whatever source.

Replaces: 3359-47-03

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 10/21/89, 05/22/91, 06/25/07, 08/20/11, 11/15/12

3359-47-05 Tunnel system policy.

(A) All access to the tunnel system is prohibited unless such access is made pursuant to the terms of this policy. For purposes of this policy, the following definitions apply:

(1) "Confined space entry" shall mean areas not designed to be continually occupied by human beings located either above or below ground, having poor ventilation and other hazards which are potentially dangerous and cause a threat to human life.

(2) "Authorized personnel" are persons who have been approved by the director of physical facilities and the director of the department of environmental and occupational health and safety for access to the tunnel system.

(3) "Restricted" means authorized personnel only.

(4) "Secured" shall mean a facility or confined space entry which shall be locked, off-keyed, and notice posted that it is dangerous and poses a potential risk of harm or threat to human life.

(5) "Dispatch" shall mean the physical facilities operation center (PFOC) or the university police on their currently assigned radio frequency.

(6) "Outside contractor" shall mean an independent company, corporation, or individual not employed by the university with whom the university enters into an agreement to perform construction or other services on behalf of the university and who has been approved by the university office of contract compliance.

(B) No person shall enter the tunnel system unless he or she has been authorized. Only authorized personnel shall enter for the purpose of work and inspections. Such authorized personnel shall, prior to entry, meet the following requirements:

(1) Notify dispatch on both entry and exit from the tunnel system.

(2) Have knowledge of the layout of the tunnel system and exits.

Such authorized personnel shall have proof of the receipt of the written layout of the tunnel system.

(3) Such authorized personnel shall be equipped with a radio capable of transmission from the tunnel system to dispatch.

(a) Each pair of employees shall never be more than thirty feet apart to allow for emergency communication.

(b) The radio(s) must be checked outside the tunnel system before entrance and then again at the work location before work begins.

(c) Outside contractors must provide radios for their employees capable of communication with their company dispatch or persons outside of the tunnel system. If outside contractors are not equipped with a radio system, other arrangements must be made with the requesting university department to supply the required communication for their employees.

(4) All authorized personnel shall be notified of the presence of asbestos, high temperature steam, electrical hazards, and physical hazards. All authorized personnel working in the tunnel system shall be trained in confined space entry and basic operation and maintenance procedures for asbestos.

(C) All entries and exits from the tunnel system shall be clearly marked and identified.

They shall be open and free for immediate use, especially in the area where work is being performed. If work is being performed by a crew of university personnel or outside contractors, an individual specified in the permit shall be responsible for checking emergency entries and exits before work begins and securing the exits after work is completed.

(D) Outside contractors and their personnel shall be given a copy of this policy. They are responsible for all terms and requirements contained herein In addition to the terms and requirements set forth herein, each employee of an outside contractor shall provide proof that he or she has received training as mandated by the Ohio industrial commission pursuant to the Ohio Revised Code and the occupational safety and health administration (OSHA).

(E) Prior to any cutting or welding in the tunnel system, notice shall be given to the director of the department of environmental and occupational health and safety and to the director of physical facilities. Such notice, if possible, shall be given at the time that an individual requests a permit for entry into the tunnel system. Notwithstanding the foregoing, written notice shall be given prior to beginning any cutting or welding in the tunnel system.

(1) There shall be full compliance with cutting and welding regulations. Supplemental ventilation shall be provided where necessary.

(2) Persons engaged in any cutting and welding operations may be instructed to use additional personal protection equipment and to follow special requirements to preserve the safety and health of workers and environmental conditions of our properties.

(F) No area of the tunnel system shall be occupied or utilized as an office space or recreation area for employees. There shall be no storage of any kind in the tunnel system.

(G) Smoking in the tunnel system is prohibited.

(H) The tunnel system shall be inspected by the department of environmental and occupational health and safety at least once every three months and substantiated by a written report of findings.

(1) Any person working or inspecting the tunnel system shall immediately report odors, leaks, storage, physical damage, or any hazard or unusual condition discovered or observed to his or her supervisor and the department of environmental and occupational health and safety.

(2) Any person working in the tunnel who becomes aware of any hazard or condition believed to pose a threat of serious immediate harm or death shall report such hazard to (in addition to his or her immediate supervisor and the department of environmental and occupational health and safety) dispatch and the university police department.

Each of the entities specified herein shall require all persons to exit the tunnel system and shall take reasonable actions to stop others from entering the tunnel system.

(I) Any person discovered in the tunnel system without prior approval shall be subject to discipline in accordance with university procedures if such individual is a student or employee. Such discipline may include suspension or dismissal and may include termination in the case of university employees. Any person discovered in the tunnel system without prior approval may be referred for arrest and criminal prosecution.

Replaces: 3359-47-05

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 05/22/1991

3359-47-08 Locally administered public improvements.

Pursuant to rule Chapters 3345.50 and 3345.51 of the Administrative Code, the university may locally administer as follows public improvement projects funded pursuant to Amended House Bill 748. enacted by the 121st General Assembly:

(A) Public improvements not to exceed four million dollars.

Local administration is permitted for construction, reconstruction, improvement, renovation, enlargement, or alteration of a public improvement for which the total amount of funds appropriated by the General Assembly does not exceed four million dollars. The university board of trustees through the president (or designee) shall notify the Ohio board of regents in writing of the university's intent to administer the project locally.

(B) Basic or supplemental renovations not to exceed one million five hundred thousand dollars.

Local administration may be permitted for basic or supplemental renovation of a public improvement for which the total amount of funds appropriated by the General Assembly does not exceed one million five hundred thousand dollars. The university board of trustees through the president (or designee) shall in writing request and receive written approval in advance from the director of administrative services to administer the project locally.

(C) University rules for local administration.

The projects shall be bid pursuant to the laws of the state of Ohio and procedures established by the university of Akron which shall include, but not be limited to. the following:

(1) The appropriate university department shall prepare complete specifications in accordance with the Revised Code and the Administrative Code.

(2) The department of purchasing shall prepare bidding documents using the project specifications.

(3) The department of purchasing shall advertise in a local newspaper or general circulation for three consecutive weeks with the last advertisement being placed no later than eight days prior to the scheduled bid opening. The department will also make the opportunity to bid known to other local organizations and businesses.

(4) Bids will be received and publicly opened in the department of purchasing at the time scheduled in the request for proposals.

(5) Bids will then be compiled and tabulated and forwarded to the appropriate departments for study and analysis.

(6) The university will determine the lowest and most responsive bidder pursuant to the requirements set forth in the Revised Code.

(7) The contract compliance officer will ensure that requirements such as equal employment opportunity, prevailing wage, workers' compensation, and minority subcontracting are met and will develop a contract in cooperation with the department of purchasing and the awarding department.

(8) If the lowest and most responsive bid is less than seventy - five thosand dollars, it may be accepted by the university through the director of purchasing. Purchases over seventy - five thosand dollars must receive prior approval by the university board of trustees

(9) If the lowest, responsive bid exceeds ten per cent either above or below the total project estimate, then all bids may be rejected.

(D) It is the intent of this rule to comply with all laws that govern the preparation and approval of contract documents, the receipt of bids, and the award of contracts with respect to locally administered public improvements. Existing university procedures shall continue to apply for the services of architects, engineers, and consultants.

Replaces: 3359-47-08

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 11/28/94, 12/23/94, 01/13/97

3359-47-09 Procedures for key pick-up. return, or requests and/or reporting lost or stolen keys.

(A) Key return. The locking systems office is open from seven a.m. to three p.m.. Monday through Friday, and is located in the physical facilities operations center. Keys must be returned by the individual to whom they were issued.

(B) Key pick-up. Keys may be picked up twenty-four hours a day at the dispatch window located adjacent to the university police office in the physical facilities operations center. Keys may be picked up by the person to whom they are issued only upon presentation of an appropriate photo identification.

(C) Requesting/returning keys or reporting lost/stolen keys. To protect the integrity of the university's master keying system as well as to maintain the safety and protection of university students, employees, and equipment, the following steps are to be taken when requesting keys, returning keys, or reporting lost or stolen keys:

(1) To receive a key, a university key card must be completed. Use one key card for each key requested, using current key card format. The requesting individual's university identification number is required. Key cards are available from locking systems or. in some cases, from departmental offices. Full signature is required (no initials)

(2) The appropriate department head and dean, when applicable, must sign all key cards. Rubber-stamped signatures are not acceptable. Full signature is required (no initials).

(3) All requests for master and submaster keys must be approved by the appropriate vice president. Requests for grand master keys require approval by the appropriate vice president and the associate vice president for campus safety (AVPCS). Master and submaster keys will not be issued to undergraduate or graduate students.

(4) Double sets of keys will not be issued to university keyholders.

(5) When students and employees transfer to another department or leave the university's employ, they must personally return all their keys to locking systems. Failure to do so may result in a charge to the department as if the keys were lost or stolen and a financial hold may be placed on the keyholder.

(6) All lost and/or stolen keys must be reported to locking systems and the university police department.

(7) A graduated monetary charge is hereby established to cover lost and/or stolen keys:

(a) Latch (office, desk, file, lab), each twenty dollars

(b) Submaster - fifty dollars

(c) Building master - seventy-five dollars

(d) Grand master - one hundred dollars

The loss or theft of a submaster. building master, or grand master key jeopardizes the security and protection of an area (dormitory, laboratory, office complex, or building! and the entire area may need to be re-cored and re-keyed. The department from which the key was lost or stolen will be charged for the total replacement costs.

If a keyholder disagrees with the charge imposed by locking systems for a lost/stolen key, the charge may be appealed to the AVPCS (see paragraph (CX14) of this rule.

(8) Payment for lost or stolen keys is the responsibility of the department which authorized the issuance of said keys to the student or faculty/staff employee.

(9) Locking systems personnel and the university police officers have the authority to confiscate unauthorized or misauthorized keys in the possession of any university keyholder so as to insure the integrity of the university keying system.

(10) It is expressly forbidden to loan, trade or reproduce university keys. It is the responsibility of the keyholder or cardholder to safeguard these items at all times. If the keyholder cannot account for the keys, loss of key or card privileges may result and the keyholder may be subject to the charges imposed by the key policy.

(11) Card access procedure. Locking systems key cards must be filled out and sent to locking systems before access cards can be picked up (similar to key requestsY The department requesting access cards will provide a requisition to cover the cost of the encoded cards.

(12) Restocking charge. After individual notification, key orders are cut and left for pick-up at the police dispatch office for a period of sixty days, then returned to locking systems and restocked. Departments requesting keys for individuals who do not pick them up after sixty days will be assessed a ten dollar restocking charge per key.

(13) Keyholder audits. Individual and/or departmental keyholder audits may be requested by a department by submitting a requisition for same to locking systems. When picking up keys, individuals may request a report of their outstanding keys at no charge.

(14) Appeal procedures.

(a) Form of appeal. The keyholder upon whom notice of a charge has been served may appeal, in writing, said charge within ten business days from the date notice is served.

Appeals will not be considered unless they comply with the following requirements:

(i) Appeals must be in writing and submitted to the AVPCS and must contain the information required by forms provided for that purpose. The AVPCS shall provide approved forms for the submission of all appeals. Only those appeals which are submitted on the aforementioned forms will be considered by the AVPCS or a designee thereof, for further action.

(ii) The written appeal must indicate the specific reasons and/or grounds for appeal.

(iii) The appeal must be filed in a timely manner and must be signed by the person making the appeal.

(b) Authority of the AVPCS or a designee thereof. Upon proper appeal, the AVPCS, or a designee thereof, may void, reduce or compromise a charge when any of the following circumstances exists:

(i) A police report is on file with the university of Akron police department or the police department in the municipality where the key(s) was lost or stolen. Verification of this report must be obtained by the university of Akron police department.

(ii) The charge is issued to a faculty or staff member, and the person charged demonstrates to the satisfaction of the AVPCS or a designee thereof, that the loss occurred during the performance of duties or responsibilities to the university and that the loss could not reasonably be avoided without materially interfering with such duties and responsibilities.

(iii) Determination by the AVPCS or a designee thereof, that the charge imposed is not consistent with the requisites of this key policy.

(c) Failure to appear before the AVPCS or a designee thereof, as requested may result in a charge being imposed in accordance with the key policy.

(d) Upon receiving notice of the decision of the AVPCS or a designee thereof, the department of locking systems shall implement the charge determined appropriate by the AVPCS or designee thereof.

(e) All decisions made or charges imposed by the AVPCS or designee thereof are final.

(15) Ohio Revised Code. Section 3345.13 of the Revised Code states: "No person shall knowingly make or cause to be made any key for any building, laboratory, facility, or room of any college or university which is supported wholly or in part by the state of Ohio." The code (section 3345.99 ) also sets the minimum fine for such an offense at fifty dollars and the maximum at one hundred-fifty dollars.

Section 3345.99 of the Revised Code states: "Whoever violates section 3345.13 of the Revised Code shall be fined not less than fifty nor more than one hundred-fifty dollars."

Replaces: 3359-47-09

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 10/29/93, 06/25/07

3359-47-10 Acquired immune deficiency syndrome (AIDS) policy statement.

(A) In the interest of flexibility, sensitivity and the balancing of legitimate interests, (i.e., medical, privacy, educational, safety, employment, etc.), the university of Akron's policy is to analyze and respond to each situation individually on a case-by-case basis as determined by the medical facts involved and other public health and safety concerns.

(B) The implementation of this policy will be based on several guiding principles.

(1) There will be no routine screening for aids.

(2) Students, faculty or staff who have aids will be allowed regular classroom attendance and employment as long as their physical condition permits and their behavior is medically responsible.

(3) The university will not release confidential medical or other information about students or employees except where required by law.

(4) The existence of aids or arc will not be factors in transfers or changes in class assignments or working conditions, unless medically justifiable.

(5) Aids and arc victims will have access to all campus facilities - academic, recreational, social, and food service - as long as their behavior is medically responsible.

(6) Students, faculty or staff members with aids are encouraged to report their condition to university health services and their private physicians to permit monitoring of the condition and referral for treatment and support services.

(7) Counseling will be available on a voluntary basis to victims, families, co-workers, or others.

(8) The university health services shall provide consistent and reasonable analysis of each case or situation concerning aids or arc.

Replaces: 3359-47-10

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 12/05/97

3359-47-11 Protection of human subjects.

(A) University institutional review board.

(1) A university "Institutional Review Board for the Protection of Human Subjects" (IRB) shall be appointed by the vice president for research and dean of the graduate school. All protocols, projects or proposals prepared by university personnel or university students that involve human subjects shall be reviewed by the IRB.

(2) The IRB shall be composed of at least five members. IRB members shall have varied backgrounds and expertise. Membership shall be diverse, including consideration of race, gender and cultural backgrounds. At least one member shall have nonscientific areas as a primary concern. At least one member will be non-affiliated with the university. Members of the IRB shall be appointed for terms of three years.

(3) The IRB shall develop policies, procedures and programs related to human subject protections at the university of Akron consistent with applicable laws and regulations such as the "Belmont Report," a publication of "The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research;" 45 C.F.R. 46; and the university's federal-wide assurance. Unless otherwise required by law or applicable regulations, the IRB shall review such policies and procedures annually and implement changes that are appropriate and necessary.

(4) The IRB represents the interests of the subjects, thus has the ultimate authority over human subjects study at the university of Akron. No other university office or official may approve research involving human subjects that has not been approved by the IRB. Research that has been approved by the IRB may be subject to further appropriate review and approval or disapproval by the vice president for research and dean of the graduate school. However, the vice president for research and dean of the graduate school shall not be authorized to approve research if it has not been approved by the IRB.

(B) IRB chair.

(1) An IRB chair shall be appointed by the vice president for research and dean of the graduate school to implement the human subject protections program at the university of Akron. The chair shall ensure that human subject protection activities are performed at the university of Akron in accordance with approved policies and regulatory requirements.

(2) Duties of the chair.

(a) Establish and implement, in conjunction with the university IRB, written policies and procedures for the protection of human subjects.

(b) Establish and implement, in conjunction with the university IRB, training and educational experiences for university personnel and students on the protection of human subjects.

(c) Investigate deviations from human subject protections policies and procedures and implement corrective actions as necessary.

(d) Approve or disapprove changes in human subject protections policies and procedures with the advice and consent of the university IRB.

(e) Provide a written briefing on the human subject protections program at the university of Akron to the vice president for research and dean of the graduate school on an annual basis. In addition the chair, or designee, shall make monthly reports of activities to the IRB.

(C) Compliance with human subject protection laws, regulations and policies.

(1) All university personnel and students shall cooperate fully with the policies and procedures implemented by the university IRB to provide protections to human subjects.

(2) Violations of law, regulation, or university policies respecting human subject protections will be considered serious matters, which may warrant sanctions or more serious action, such as suspension of research protocols, termination of research protocols, and loss of research privileges, as the situation may warrant, including investigation for scientific misconduct.

(D) An IRB policies and procedures manual as required by federal regulation shall be available to all researchers in print as well as through a link at the office of research administration website.

Replaces: 3359-47-11

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: 10/28/02, 07/03/05, 06/28/12

3359-47-12 Meningitis and hepatitis b vaccination status statement.

Ohio law section 3345.85 of the Revised Code requires that state of Ohio higher education institutions not permit a student to reside in on-campus housing unless the student (or parent if the student is younger than eighteen years of age) discloses whether the student has been vaccinated against meningococcal meningitis and hepatitis B by submitting a meningitis and hepatitis B by accination status statement. In accordance with this requirement, it is the policy of the university of Akron that all students desiring to reside in on-campus housing shall complete a form indicating that they have vaccinations against meningococcal meningitis and hepatitis B by submitting a meningitis and hepatitis B vaccination status statement. Students shall be informed of this disclosure requirement at the time such students make application to reside in on-campus housing and they will be provided with a form that provides for such disclosure and vaccination as required by law. Any students that fail to provide such information will not be permitted to reside in on-campus housing.

Replaces: 3359-47-12

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 06/25/07