Chapter 3359-9 Classified and Unclassified Civil Service; Full-Time; Notice Procedure

3359-9-01 Appointments to the classified and unclassified civil service.

(A) The board recognizes that the civil service of the state is "... divided into the unclassified service and the classified service..." and, that the "...unclassified service shall comprise the following positions, which shall not be included in the classified service...":

"...All presidents, business managers, administrative officers, deans, assistant deans, instructors, teachers, and such employees as are engaged in educational or research duties connected with..." the university of Akron as determined by the board of trustees, as defined in division (A)(7)(a) of section 124.11 of the Revised Code.

(B) Pursuant to the rules of the board of trustees, the president is empowered to nominate all administrative officers, faculty and staff members to the board for appointment or other personnel action, except as otherwise provided in rules 3359-1-02 and 3359-7-01 of the Administrative Code. Such nomination shall identify the classified or unclassified status of the recommendation, which the board shall be asked to act upon. By virtue of appointment to the unclassified service, such employee shall be subject to the authority of the president, who shall have the discretion at any time during the term of appointment to make or to authorize assignments, reassignments, or other administrative changes in an individual's duties or responsibilities, including but not limited to changing administrative designations or reporting relationships.

(C) Any such administrative changes during the term of an individual's contract period shall not affect the term or salary of an individual's contract. Changes in titles, administrative designations, or reporting relationships during the term of an individual's contract shall be subject to approval of the board.

(D) Certificates of appointment, letters, job descriptions, or other instruments documenting or issued by the secretary of the board or appointing authority evidencing board action on the president's nominations for appointment or other personnel recommendations shall not be constructed to limit the discretion and authority of the president and the board to make such administrative changes as provided in these regulations.

(E) Employment and compensation of employees of the university of Akron is the responsibility of the board, and no officer or employee of the university of Akron is empowered to employ, remove, fix the compensation of, or in any manner whatsoever create any expectancy of employment or reemployment, except as expressly authorized in the bylaws, rules, and regulations of the board. All offers of employment shall be subject to the approval of the board of trustees, and no person shall be entitled to rely upon any verbal or written representation to the contrary.

(F) Pursuant to Section 3359.03 of the Revised code, "The board of trustees of the university of Akron shall employ, fix the compensation of and remove, the president and such number of professors, teachers, and other employees as may be deemed necessary." The hiring authority for all university employees shall be the exclusive prerogative of the board of trustees.

The board of trustees routinely acts upon all personnel actions that come before the board of trustees in public session during its regular or special meetings. Terms and conditions of employment and all "letters of offer", "employment agreements", "addendums", or other such contractual arrangements pertaining to the employment of vice presidents, deans, directors, coaches, and other such officers and employees, as designated by the board of trustees from time to time, shall be reduced to writing and made subject to board of trustees approval.

The office of general counsel shall provide advice and counsel with respect to the negotiation and terms of such contractual arrangements and shall review all such documents for legal form and sufficiency. Prior to any board meeting at which board approval will be requested for the employment of such individual(s), the document(s) containing all proposed terms of employment shall be provided to the board of trustees for its review.

In the event the recommendation for employment of faculty, staff, administrators, or others includes special conditions of employment not otherwise included in the routine personnel reports provided at board meetings, such as financial or other commitments by the university in the amount of ten thousand dollars or more beyond the individual's base salary and regular employee benefits, including but not limited to "start-up" funding for research, multi-year employment terms, provision for automobile, stipends, one-time payments, liquidated damages, deferred compensation, etc., the document(s) containing all such terms shall be made subject to board approval and shall be provided for review by the board of trustees prior to requesting board approval. This rule shall not apply to undergraduate, graduate or professional students.

Effective: 9/11/2016
Promulgated Under: 111.15
Statutory Authority: 3359.01
Rule Amplifies: 3359.01
Prior Effective Dates: Prior to 07/20/90, 09/21/95, 08/09/96, 01/31/15

3359-9-02 General academic and administrative personnel matters.

(A) Categories of full-time faculty. The full-time faculty of the university of Akron comprises all university employees who have been appointed as full-time faculty by the board of trustees. The following constitute categories of full-time faculty of the university of Akron and the responsibilities of those within each category:

(1) Regular faculty.

(a) The regular faculty is composed of all full-time faculty who have been awarded indefinite tenure or are eligible to be awarded indefinite tenure. Such faculty hold the rank of professor, associate professor, assistant professor, or the title of distinguished professor.

(b) Members of the regular faculty generally have a full range of responsibilities, including teaching, research, scholarship and other creative professional work, and service to the unit, the university and the public.

(2) Non-tenure-track bargaining unit faculty.

(a) Non-tenure-track bargaining unit faculty are full-time faculty who are not regular faculty and subject to the collective bargaining agreement. expectation for these faculty positions is that they will continue as long as the university identifies the need for them, and that if the university's needs or goals change, such positions may be modified or eliminated. These faculty, some of who may hold a three-year appointment, may reasonably expect that they will not be terminated without just cause. However, satisfactory performance cannot guarantee reappointment.

(b) These non-tenure-track faculty are categorized into three rank levels. The initial ranks are college lecturer and instructor, the intermediate ranks are associate college lecturer and associate instructor, and the highest ranks are senior college lecturer and senior instructor. Faculty holding a college lecturer rank shall primarily have teaching duties, while faculty holding an instructor rank shall have teaching duties as well as service and/or research duties appropriate to the current needs of the academic unit. The specific duties of college lecturers and instructors shall be specified clearly in the appointment letter.

(c) In particular, the instructional load for college lecturers includes instructional support activities related to a specific course, with a limit of three different course preparations per semester. Instructional support activities include lecture preparation, assignment preparation and grading, holding office hours, supervising recitation instructors associated with the course, and similar activities. Activities that are not assignable to college lecturers include student advising and laboratory administration. Non-tenure-track bargaining unit faculty required to engage in these or other activities, such as scholarly research or college level service committees, must be classified as instructors and must receive an appropriate teaching load credit to support those activities.

(3) Other non-tenure-track non-bargaining unit faculty. The non-tenure-track non-bargaining unit faculty comprises all adjunct, temporary, visiting, research, and school of law faculty, including clinical professors of law and professors of legal writing.

(a) Clinical professors of law and professors of legal writing. Such faculty hold the title of clinical professor of law, associate clinical professor of law, assistant clinical professor of law, professor of legal writing, associate professor of legal writing, or assistant professor of legal writing. The expectation for these faculty positions is that they will continue as long as the university identifies the need for them, and that if the university's needs or goals change, such positions may be modified or eliminated.

(b) Research faculty. Such faculty hold the title of research professor, associate research professor, or assistant research professor. The expectation for these faculty positions is that they will continue as long as the university identifies the needs for them, and that if the university's needs or goals change, such positions may be modified or eliminated.

(c) Similar titles and expectations for adjunct, temporary and visiting faculty positions shall exist.

(B) Appointments and tenure.

Without limiting the authority of the board as conferred and defined by law to act in such matters upon its own motion, the following principles and rules shall govern the appointment and position status of university faculty:

(1) University faculty shall be appointed by the board upon recommendation of the president of the university. The appointment shall normally be for an initial period of one year, but the board may make the initial period longer than the first year in appropriate circumstances, as determined by the board.

(2) Non-tenure-track bargaining unit faculty and other non-tenure track faculty shall be subject to annual reappointment and shall receive annual notices of reappointment if their continued service is desired, except that the board may grant longer appointments for such faculty as set out below.

(3) The board may grant fixed-term appointments longer than one year to non-tenure-track faculty. During the term of such appointments, these appointments may be terminated only for just cause related to the performance of the incumbent or for programmatic or economic reasons related to the characteristics of the position (as opposed to the characteristics or performance of the incumbent! Except as set out in paragraph (B)(4) of this rule these appointments create no expectation of appointment, and the board may decline to reappoint an incumbent in its sole discretion.

(4) The board may grant fixed-term appointments as set out in paragraph (B)(3) of this rule with a presumption that the incumbent will be reappointed unless the incumbent's performance does not support reappointment or unless the position is terminated for programmatic or economic reasons. Such appointments do not constitute tenure and do not establish any of the rights or protections of tenure beyond the rights or protections described in paragraphs (B)(3) and (B)(4) of this rule.

(5) The period of one year means that the faculty member has an academic year appointment unless otherwise noted and the faculty member's services are required according to the period specified in paragraph (F) of this rule.

(C) Academic administrators with faculty status:

(1) Faculty status for administrators.

(a) University of Akron faculty members who assume administrative positions within the university shall retain an academic appointment in a department, school, or college in which they have been granted indefinite tenure.

(b) Persons who are recruited by the university to serve exclusively or primarily in the academic administrative positions may also be granted an appointment at appropriate academic rank in the department, or. where appropriate, school, or college of their discipline. They may also apply for indefinite tenure in that faculty position.

(2) The search committee for the administrative position shall present the full vita of each finalist to the tenure committee of the department that the search committee deems suitable and give the department committee an opportunity to interview the candidate. A professorial appointment in that department shall not be made without the concurrence of the departmental tenure committee and (with the exception of the appointment of a dean of the same college) the dean of the college.

(3) If an administrative academic appointment is made, the administrator may apply to the departmental tenure committee for indefinite tenure. The procedures to be followed shall be those adopted by that department or. where appropriate, school, or college, for its faculty members, but the following criteria shall be taken into consideration:

(a) Because the administrator has been performing other duties since leaving a full-time teaching/research assignment, the record of accomplishment in the discipline shall be judged in comparison with faculty members with similar years of academic experience at the time when the administrator left a full-time teaching/research assignment.

(b) Because an administrator may not be current with recent developments in the academic discipline, the committee shall consider if the candidate could function as a typical member of that department within one year after relinquishing the administrative appointment.

(D) Evaluations. Evaluations of the competencies of each faculty member are made at least annually to determine effectiveness in the performance of duties, and these evaluations shall be transmitted to the faculty member by the department chair or dean. These evaluations are based upon the evidence of appropriate scholarship, the quality of teaching, professional demeanor, the amount and value of continued advanced study, the worth of research and publications, professional recognition received, and service to the university and community.

Replaces: 3359-9-02

Effective: 2/1/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 11/04/77, 11/27/79, 01/30/87, 12/22/89, 07/20/90, 05/22/91, 09/21/95, 08/09/96, 09/15/98, 10/14/01, 06/25/07, 10/22/10, 11/12/11

3359-9-03 Full-time service.

Faculty and administrative appointments, unless specifically indicated otherwise in the contract of employment, should be regarded as full-time employment responsibilities to the university. All outside activities, whether for compensation or otherwise, must not be performed at the expense of the individual's primary responsibilities to the university. Moreover, such outside activities shall not be undertaken which violate Ohio's ethics laws governing public employees. For purposes of this provision, outside activities shall include activities not connected with employment for the university of Akron, including, but not limited to those activities which separately involve a source of income such as from private employment, other public employment, consulting, teaching, research, memberships on corporate boards, etc. The faculty member's contract shall not include any guarantee of the right to consult or to engage in outside activity. Approval of participation in outside activity is a privilege, not a right or benefit. The conflict of interest, conflict of commitment policy, rule 3359-11-17 of the Administrative Code applies to all university employees; in addition, article 24 of the collective bargaining agreement between the university of Akron and the American association of university professors, the university of Akron chapter, which became effective in 2005, applies to bargaining unit faculty.

(A) Such outside activities should only be undertaken with the full understanding and prior written approval of the dean in the case of faculty members, or the administrator in the case of contract professionals or other employees.

(B) The president of the university of Akron, its vice presidents and deans, shall obtain prior approval of the board of trustees with regard to outside activities as defined in this section. Any vice president and dean of the university shall first obtain prior written approval of the president with regard to such outside activities; and upon recommendation of the president, the board shall consider the request of such officer.

(C) The board of trustees shall consider requests to engage in outside activities in executive session, unless otherwise requested as provided in division (G)(1) of section 121.22 of the Revised Code.

(D) The president, vice presidents, deans and other officers as may be designated by the board of trustees from time to time, shall submit on forms required by the board of trustees an annual disclosure of any memberships on any corporate boards, partnerships or associations held by such officers. Such disclosures shall also identify any office or fiduciary relationship on a not-for-profit corporation or public board or agency.

(E) Violation of Ohio ethics laws governing public employees shall be deemed sufficient cause for discipline, up to and including termination from employment.

Effective: 4/11/2011
Promulgated Under: 111.15
Statutory Authority: 3345.31
Rule Amplifies: 3359.01.
Prior Effective Dates: Prior to 9/21/95, 8/9/96, 10/14/01, 6/25/07

3359-9-04 Amendments.

Any regulation of the board may be enacted, amended or repealed by a vote of the majority of the board present at any regular or special meeting.

Replaces: 3359-9-04

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: Prior to 11/04/77, 01/15/87, 10/21/89, 09/21/95, 08/09/96

3359-9-05 Notice procedure.

The procedure of the university of Akron for giving public notice and an opportunity for a hearing as to the adoption, amendment, or recision of rules under Chapter 119 of the Revised Code shall be as follows:

(A) The university of Akron shall cause:

(1) A statement of its intention to consider adopting, amending, or rescinding the rule;

(2) A synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment, or recision relates;

(3) A statement of the purpose for adopting, amending, or rescinding the rule;

(4) The date, time, and location of the hearing on the proposed rule;

(5) An address and/or telephone number whereby copies of the notice and the proposed rule, amendment, or recision may be obtained; and

(6) The name of the hearing officer appointed by the board to conduct the hearing on the proposed rule.

To be published in at least two newspapers of general circulation in the state of Ohio and on its website at least thirty days prior to the hearing.

(B) The university of Akron shall furnish this public notice as detailed in paragraph (A) of this rule to any person who requests notice in writing.

(C) Prior to the effective date of the rule, amendment or recision, the university of Akron shall make a reasonable effort to inform those affected by the rule, amendment, or recision and to have available for those requesting it, the full text of the rule as adopted, amended, or modified.

Replaces: 3359-9-05

Effective: 1/31/2015
Promulgated Under: 111.15
Statutory Authority: 3359
Rule Amplifies: 3359
Prior Effective Dates: 10/16/99