Chapter 3361:30-21 Employment

3361:30-21-01 Employment: reporting of outside activities and interests.

The university is subject to state and federal laws governing ethics, state contracting, and conflicts of interest. In addition, rule 3361:30-21-02 of the Administrative Code and rule 3361:30-21-03 of the Administrative Code require all employees to seek prior approval of any collateral employment in order to avoid potential conflicts of interest and commitment. To facilitate compliance with such laws and rules the university has established the outside activity report (OAR) for disclosure, review, approval and management of collateral employment as well as outside activities, relationships or interests in other entities that may involve conflicts of interest or commitment. All full time university employees, and such part time employees as the president or the president's designee shall direct, shall complete an OAR not less than annually and whenever there is an addition or change in reportable outside activities. The president or the president's designee shall have the authority to adopt policies and procedures for the administration and requirements of the OAR process.

Replaces: 3361:30-21-01

Effective: 4/13/2012
Promulgated Under: 111.15
Statutory Authority: 3361
Rule Amplifies: 3361
Prior Effective Dates: 4/13/2012

3361:30-21-02 Employment: policy on collateral employment for faculty members and librarians.

(A) "Collateral employment" means any effort, whether within the university or with an external entity, including consulting work, that is in addition to an employee's existing "UC" employment responsibilities.

(B) Faculty members and librarians may engage in collateral employment consisting of institutional and/or non-institutional effort, including work of a consulting nature, if:

(1) The faculty member or librarian provides information regarding the proposed collateral employment in advance to the dean of the college or division concerned or the appropriate library administrator or vice president;

(2) Said dean or library administrator or vice president approves such collateral employment and agrees that the collateral employment:

(i) Does not interfere with nor is inconsistent with the performance of the individual's university duties; and

(ii) Does not raise questions of conflict of interest in connection with other interests or work with which the individual, or the university, is involved.

Faculty members and librarians shall secure approval for all collateral employment utilizing on the university's outside activity report system, and shall include all collateral employment on the annual outside activity report form as required by rule 3361: 30-21-01 of the Administrative Code.

(C) "Institutional effort" is service within the university or with an affiliated institution that is outside the scope of the faculty member's or librarian's normal employment.

(D) "Non-institutional effort" is the service faculty members and librarians provide outside the university during the normal work week for which they receive non-university compensation. Non-institutional effort that meets the criteria specified in paragraphs (B)(2)(i) and (B)(2)(ii) of this rule will normally be permitted by the university for full-time faculty and librarians to the extent that such activities do not exceed an average of one day of the normal work week and provided that the faculty member or librarian continues to fulfill all of his or her full-time university duties. Exceptions to this limitation may be made upon approval of the dean and the vice president.

(E) The provision of patient care by college of medicine clinical faculty is an essential and integral part of the responsibilities of such faculty. It is a condition of employment with the university that members of the college of medicine faculty who receive revenue from patient care and medically related activities requiring licensure shall conduct such patient care activities as participants in a practice plan of their respective clinical departments or units that has been approved by the dean of the college of medicine. The dean of the college of medicine has the responsibility to perform an annual review of the compensation received by clinical faculty from the practice plans of the respective clinical departments, together with such other financial information as he or she may reasonably require in order to perform his or her oversight function, to ensure that each such practice plan operates in fulfillment of the university's mission and for its benefit. Participation in a practice plan that is approved by the dean of the college of medicine shall be deemed to be in compliance with this rule. Any other activities of college of medicine faculty, whether institutional or non-institutional in character, may be approved only if they meet all the requirements of this rule.

Replaces: 3361:30-21-02

Effective: 4/13/2012
Promulgated Under: 111.15
Statutory Authority: 3361
Rule Amplifies: 3361
Prior Effective Dates: 3/16/1978, 6/18/1979, 5/24/1980, 7/1/1985, 6/13/2002, 7/13/2007

3361:30-21-03 Employment: collateral employment policy for all employees (excluding faculty and librarians).

The following rule applies to all employees, excluding faculty and librarians.

(A) "Collateral employment means any effort, whether within the university or with an external entity, including consulting work, that is in addition to an employee's existing UC employment responsibilities.

(B) A university employee may engage in collateral employment only during the time the employee is not scheduled for work at the university and provided that the president (if the employee reports to the president), or the appropriate vice president or the vice president's designee approves such collateral employment and agrees that the collateral employment:

(1) Does not interfere with nor is inconsistent with the performance of the individual's university duties; and

(2) Does not raise questions of conflict of interest in connection with other interests or work with which the individual, or the university is involved.

(C) It is the employee's responsibility to seek and secure approval before engaging in collateral employment. Employees shall secure approval for all collateral employment utilizing on the university's outside activity report system, and shall include all collateral employment on the employee's annual outside activity report form as required by rule 3361: 30-21-01of the Administrative Code.

Vice presidents who wish to engage in collateral employment, shall inform the president and secure the president's approval for any such activities. The president shall secure board approval of any such association that he/she may regard as desirable for himself/herself or for the university.

(D) employees may be called at any time to perform their normal university duties and can be assigned to any shift on a temporary or permanent basis. Employees will be expected to report, if needed, whether or not they engage in collateral employment.

Effective: 4/13/2012
Promulgated Under: 111.15
Statutory Authority: R.C.3361
Rule Amplifies: R.C. 3361.03, R.C. 102.03, R.C. 102.04, R.C. 2921.42, R.C. 2921.43
Prior Effective Dates: 6/18/1979, 5/24/1980, 10/20/1999, 7/13/2007

3361:30-21-05 Employment: nepotism.

(A) The university shall not appoint or employ persons to serve in any position or capacity in which they would directly supervise or be in a position to initiate, approve or participate in institutional decisions involving direct benefit to a relative.

(B) No university employee or official shall directly supervise or initiate or participate in institutional decisions involving direct benefit to a relative or a spouse, including, without limitation:

(1) Recommending or nominating a relative for employment;

(2) Approving a relative's employment;

(3) Securing or using one's influence to secure raises, promotions, favorable performance evaluations, overtime pay or assignments or other things of value related to employment.

(C) For purposes of the rule "relative" means:

(1) The following relations of an employee, regardless of where they live:

(a) Spouse;

(b) Children and step-children;

(c) Parents and step-parents;

(d) Siblings;

(e) Grandchildren;

(f) Grandparents.

(2) Any other individual related to an employee by blood or marriage that lives in the same household with the employee.

(D) This rule does not prohibit university employees or officials from participating in decisions that involve indirect benefits to relatives to the extent that such participation is permissible under Ohio ethics laws (Chapter 102. of the Revised Code, section 2921.42 of the Revised Code and section 2921.43 of the Revised Code) and other applicable laws.

Replaces: 3361:30-21-05

Effective: 4/13/2012
Promulgated Under: 111.15
Statutory Authority: 3361
Rule Amplifies: 3361
Prior Effective Dates: 3/16/1978, 10/26/1978, 5/24/1980

3361:30-21-06 Employment: post-offer physical examinations.

(A) The following rule applies to all employees except those employees covered by a collective bargaining agreement addressing this topic.

(B) Employment in certain job classifications at the university of Cincinnati will be contingent upon the applicant successfully completing a post-offer physical examination. The employing department will establish appointments for the post-offer physical examinations for offerees. Offerees may consult a private physician at the offeree's own expense but the primary responsibility for determining the fitness of the offeree rests with university health services. Any post-offer physical examination, whether through university health services or a private physician, will occur prior to employment

Replaces: 3361:30-21-06

Effective: 7/15/2012
Promulgated Under: 111.15
Statutory Authority: 3361
Rule Amplifies: 3361
Prior Effective Dates: 3/16/1978, 10/12/1978, 5/24/1980, 4/20/2000