Chapter 3362-5 University Policies

3362-5-01 Policy on policies and procedures.

(A) Purpose

Board of trustees approved policies reflect the board's principles for university governance and set direction for institutional decision-making and practices. The purpose of this rule is to ensure a uniform process for the adoption and review of board of trustees approved policies and the establishment of supporting procedures.

(B) Policies subject to board approval

(1) In general, policies that address subjects of significance to the university or that could substantially impact the university are appropriate for board review and approval.

(2) Policy subjects that are appropriate for board of trustee approval include, but are not limited to, the following:

(a) Core functions of the university

(b) Matters required by law to be the direct responsibility of the board;

(c) Matters that address state or federal requirements;

(d) Matters that utilize or have the potential to utilize significant university resources;

(e) Auxiliary operations of the university; and

(f) Matters directed by the board.

(3) Board policies may only be enacted, amended or rescinded with approval by the board of trustees

(C) Procedures

(1) Procedures may only be enacted, amended or rescinded with approval by the president.

(2) Procedures serve to effectively administer or implement a policy, so long as they are within the scope or framework of the policy. A board policy may also direct that specific areas or topics be addressed through an underlying procedure.

(D) Policy and procedure formulation and review process

(1) The president is responsible for establishing a procedure to implement this policy that will identify a system and process for developing new policies for board of trustees approval and to ensure the regular review of existing board policies. The president is also responsible for establishing a system for the development and approval process for procedures.

(2) The president will report, at least annually, to the board of the administration's review of existing policies and procedures.

Replaces: 3362-5-01

Effective: 5/18/2015
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03
Prior Effective Dates: 6/5/01, 9/24/12

3362-5-02 Equal opportunity and non-discrimination/harassment policy.

(A) Policy purpose

(1) Shawnee state university is committed to having an educational and working environment that provides an equal opportunity for students and employees and is without unlawful or prohibited discrimination and harassment.

(2) This policy serves to ensure that there are university structures and processes in place that promote equal opportunity for students and employees and prohibit discrimination against any individual because of race, color, genetic information, religion, age, disability, national origin, ancestry, sex, pregnancy, sexual orientation, veteran status or military status.

(B) University resources and processes

(1) The university will have processes and resources in place to protect students, employees and visitors from discrimination and harassment and to ensure the following:

(a) Compliance with applicable state and federal laws that address discrimination and harassment;

(b) Complaints of discrimination and harassment are adequately reviewed and resolved; and

(c) Training and education, designed to prevent discrimination and harassment, is conducted throughout the university.

(2) There will be university employees who have the requisite authority and responsibility to ensure compliance with laws and university policies and procedures that address discrimination, equal employment opportunities and affirmative action.

(a) There will be a Title IX coordinator and deputy coordinators who have overall responsibility for matters addressing sexual harassment and sexual misconduct. The Title IX officers will have responsibility to ensure that the university has clear processes in place for sexual harassment complaints from students, employees and visitors; and that sexual harassment and sexual misconduct complaints are appropriately investigated and resolved.

(b) There will be at least one ADA coordinator whose responsibility will be to address allegations of discrimination based upon disability, to ensure compliance of applicable laws and related university policies and procedures, and to review and appropriately respond to accommodation and access requests for students, employees and visitors.

(3) There will be a system(s) in place to track all reports and complaints of discrimination. An annual report shall be submitted to the president from each university office or unit that is responsible for discrimination compliance that documents the number and type of discrimination complaints and reports filed with the university within the previous year, along with the resulting resolution or outcome.

(4) There will be an adequate and regularly updated affirmative action plan in place to promote equal opportunity for employment and is compliant with the university's obligations as a federal contractor or subcontractor, and is compliant with applicable federal, state and local laws.

(C) Procedures

(1) There will be procedures in place, approved by the president, to amplify this policy. Such procedures will include, but not be limited to, the following topics or areas:

(a) Sexual harassment procedure(s) that applies to students, employees and visitors that includes definitions and identifies forms of sexual harassment and misconduct, and addresses consent and consensual relationships, notification and reporting, the investigative process, confidentiality, discipline and consideration of the classroom and instructional settings;

(b) Disability procedure(s) that applies to students, employees and visitors and addresses equal access to university programs, activities and services and process(es) for reasonable accommodations;

(c) An investigation and complaint procedure(s) that addresses a clear process for initiating a complaint of unlawful discrimination or harassment that applies to students, employees and visitors, and adequately describes the investigative process, confidentiality, discipline or other corrective measures, retaliation and consideration of the classroom and instructional settings;

(d) Affirmative action and equal opportunity procedure that applies to the employment setting that addresses: recruitment, selection and promotion processes for identifying the most qualified applicants, while providing a strong emphasis on reaching out to underrepresented groups; leadership development initiatives that includes inclusiveness and diversity; and employee development processes to ensure equal opportunity for all employees.

Replaces: 3362-5-02

Effective: 9/23/2013
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03
Prior Effective Dates: 6/5/01

3362-5-07 Drug free campus policy.

(A) General background

The drug-free workplace act of 1988 and the drug-free schools and communities act amendment of 1989 require all federal contractors, federal grant recipients and recipients of any federal funds whatsoever to implement a comprehensive substance and alcohol abuse policy. Some regulatory compliance requirements under this act were effective March 18, 1989. The drug-free schools and communities act amendment of 1989 is effective October 1, 1990. Shawnee state university shall comply with all provisions of these acts. This policy shall apply to the entire university community, faculty, staff, and students.

(B) Standard of conduct

The university is committed to maintaining a workplace free of illegal drugs or the unlawful use of alcohol. Shawnee state university prohibits the possession, manufacture, distribution, dispensation, or use of illegal drugs and the unlawful use, possession, or distribution of alcohol on all university property, at any locations where employees or students are conducting university related business or activities, when using university vehicles and when using private vehicles on university business or in the conduct of university activities.

(C) Legal sanctions

(1) Applicable legal sanctions under local, state or federal law for the unlawful possession or distribution of illicit drugs and alcohol are set forth in the referenced laws.

(a) Local

(i) Codification ordinance of portsmouth

(ii) Chapter 624-drugs.

(b) State

(i) Ohio revised code chapters

(a) 2925-drug offenses

(b) 3179-controlled substances

(c) 4301-liquor control laws

(c) Federal

(i) Federal (harrison) narcotic act

(ii) Federal narcotic drugs import and export act

(iii) Federal food, drug and cosmetic act

(iv) Federal alcohol administration act

(d) These sanctions can include probation, fines, driver's license suspension or incarceration.

(e) Future revisions, amendments or additions to these or other applicable codes are incorporated in this policy by this reference.

(D) Health risks

The following describe the health risks of some of those substances that may cause physical or psychological damage when abused.

(1) Alcohol. Alcohol consumption causes a number of marked changes in behavior. Even low doses impair judgment and coordination, and increase the incidence of aggressive behavior. Very high doses can cause respiratory depression and death. Alcohol intoxication is equivalent to a drug overdose. If combined with other depressants of the central nervous system, the effects of alcohol are multiplied. Repeated use of alcohol can lead to change in tolerance and dependence. Cessation of alcohol intake can produce withdrawal symptoms including tremors, hallucinations, convulsions, and death. Long-term consumption of large quantities of alcohol can lead to permanent damage to vital organs such as the brain and the liver. Women who drink even small amounts of alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. Children of alcoholic parents have a forty per cent greater risk of developing alcoholism than children of parents who are not alcoholic.

(2) Cannabis. The mood altering effects of marijuana are the result of the chemical delta-9 tetrahydrocannabinol (THC). THC is fat soluble and remains in the body up to three weeks after smoking one marijuana cigarette. Consequently, even the occasional user can be detected through urinalysis. Research indicates that regular use may have long- term effects on the user's brain, heart and reproductive organs. The numerous carcinogenic chemicals found in marijuana smoke make it particularly harmful to the lungs. Loss of memory, lack of motivation and diminished attention span are some of the effects of regular marijuana use. Long-term use may result in psychological dependence and change in tolerance.

(3) Depressants. The use of depressants can result in a change in tolerance and physical, as well as psychological dependency. The combining of several depressants (e.g. valium and alcohol) will potentiate the depressant effects, multiplying the health hazards. Withdrawal symptoms include anxiety, vomiting, acute psychotic episodes, seizures and death.

(4) Stimulants. High doses of stimulant drugs result in intense personality disturbances including visual and auditory hallucinations, delusions and paranoia. Tolerance develops rapidly. Cross tolerance does develop among stimulant drugs, (e.g. methamphetamine and cocaine). The use of cocaine can cause death by cardiac arrest or respiratory failure. Stimulants are addictive, and while withdrawal from stimulants is less dangerous than with depressants, depression can make the person vulnerable to suicide.

(5) Narcotics. Tolerance, especially to the euphoric effects of narcotics, and physical dependence develop rapidly. In order to avoid the abstinence syndrome, the addict becomes preoccupied with acquiring the drug. Withdrawal symptoms are extremely uncomfortable; however, they are seldom life threatening.

(6) Hallucinogens phencyclidine (PCP). Large doses of PCP may result in convulsive seizure, coma and death. Mood disorders occur and the user may become violent, irrational and potentially harmful to self and others. Lysergic acid (LSD), mescaline and philocybin cause sensations and feelings to change rapidly. The user may experience panic, confusion, anxiety, depersonalization and loss of control. While relatively rare, flashbacks, the spontaneous reappearance of the drug experience after use has ceased, may occur.

(7) Anabolic-androgenic steroids. Steroid users can experience serious cardiovascular, liver, central nervous system, gastrointestinal and reproductive disorders. In males, use can result in testicular atrophy, sterility, impotence and arrested growth. Irreversible masculinization and sterility can result when women use steroids. Psychological impairments include mood swings, depression and very aggressive behavior.

(F) Substance abuse counseling and education

(1) Resource information (booklets, brochures, pamphlets, etc.) regarding health and safety concerns from substance abuse and information regarding the availability of and/or referral to community-based, approved substance abuse counseling and rehabilitation services are available through the counseling and assessment center of Shawnee state university.

(2) Education concerning substance abuse, especially of alcohol and drugs, will be provided periodically on campus. The university community is encouraged to take advantage of these opportunities to become more aware of the effects of substance abuse.

(G) Sanctions for violation of standards of conduct

Shawnee state university has used and will continue to use progressive discipline in administering sanctions for violations of this policy: however, the university reserves the right to determine when the serious nature of a violation or arrest without adjudication requires that the university take immediate action up to and including dismissal. Appropriate law enforcement authorities will be notified if any illegal substances are found on the university campus. All action will be in compliance with the negotiated contracts of SEA and CWA except in serious cases where immediate action is necessary and mandated by law. Such action may include, but is not limited to the following:

(1) Possible sanctions for employees may include

(a) Written reprimands

(b) Transfer to other duties

(c) Suspension

(d) Demotion

(e) Termination

(f) Referral to appropriate authorities for prosecution for violations of the standards of conduct described in this policy

(g) See paragraph (G) of this rule (2)

(2) Possible sanctions for students may include

(a) Disciplinary probation

(b) Suspension

(c) Dismissal

(d) Deferral to appropriate authorities for prosecution for violations of the standards of conduct described in this rule

(e) See paragraph (G) of this rule(2)

(3) Both students and employees may be referred to appropriate drug or alcohol abuse treatment facilities for treatment as a condition of continued employment and/or student standing.

(H) Conviction of illegal drug violation on the worksite

(1) It is a condition of employment with Shawnee state university that an employee who is convicted of criminal drug statute violation occurring in the workplace, notify appropriate administrative personnel no later than five days after such conviction.

(2) The university will notify the appropriate federal funding agency within ten days after receiving notice of an employee's conviction with respect to a drug-law violation occurring in the workplace.

(3) Within thirty days of such notice, the university will either take appropriate personnel action, or require the successful completion of a certified drug abuse assistance or rehabilitation program by the convicted employee.

(I) Distribution of policy

(1) SSU policy for a drug-free campus shall be distributed annually to each current employee and student, whether they are full-time or part-time, effective October 1, 1990. The division of student affairs shall formulate the procedure for the distribution to students. Distribution to employees shall comply with SSU's policy on policies and procedures, section 6.0.

(2) A copy of the policy shall be issued to each new full-time or part-time employee by the personnel office effective October 1, 1990.

(3) A copy of the policy shall be issued to every new full or part-time student effective October 1, 1990.

(4) The official SSU policy for a drug-free campus shall also be published in the university policies and procedures manual.

(J) Certification

The counseling and assessment office shall submit the drug-free campus certification as required by section 22 of the drug-free schools and communities amendments of 1989 ( public law 101-226 ) to the secretary of the U.S. department of education.

(K) Policy review

The drug education committee shall do a biennial review of this policy to determine the effectiveness of the policy and to insure that sanctions are being consistently enforced. When recommended, changes shall be forwarded by the DEC to appropriate authority for review and for amendment of the policy.

Effective: 6/5/2001
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03

3362-5-08 Drug-free workplace.

It is the policy of Shawnee state university to maintain a drug-free workplace in compliance with federal regulations. The following policy provisions shall apply:

(1) The university is committed to maintaining a workplace free of illegal drugs. Recognizing that illegal drug use poses health and safety hazards to employees and to the community at large, the university prohibits the possession or use of illegal drugs on all university property and at other locations where employees are conducting university business.

(2) Employees manufacturing, distributing, dispensing, possessing or using illegal drugs on university property and at other locations during the conduct of university business are subject to dismissal.

(3) The university will establish and maintain a drug-free awareness program including the following topics of concern:

(a) Health and safety concerns from drug abuse.

(b) University policy regarding illegal drug use.

(c) Availability of approved drug counseling and rehabilitation services.

(d) Penalties that may be imposed upon employees for drug-abuse violations.

(4) In compliance with the drug-free workplace act of 1988, employees engaged in work under a federal grant or contract may be subject to additional requirements to ensure a drug-free workplace.

(5) In accordance with federal regulations, the violation of this policy could result in the suspension, termination or debarment of the individual or the institution from federal.

Effective: 6/5/2001
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03

3362-5-09 Smoking.

(A) Purpose

(1) Shawnee state university recognizes the need to create and maintain an environmental quality that sustains and enhances the general health and well-being of its students, faculty, staff, and visitors.

(2) As such, smoking of any material and the use of any tobacco product are prohibited in all university owned, leased, and managed buildings and other designated areas established by this policy.

(B) Definitions

(1) Smoking: The burning of tobacco or any other material in any type of smoking device, including, but not restricted to, cigarettes, cigars, electronic cigarettes or pipes.

(2) Tobacco: All tobacco derived or containing products, including, and not limited to, cigarettes, electronic cigarettes, cigars and cigarillos, hookah smoked products, pipes, and oral tobacco (e.g., spit and spitless, smokeless, chew, snuff) and nasal tobacco. It also includes any product intended to mimic tobacco products, contain tobacco flavoring, or deliver nicotine other than for the purpose of cessation.

(C) Prohibition

(1) Smoking and the use of any tobacco product, including chewing tobacco, are prohibited in or at the following locations:

(a) Any building and designated outdoor non-smoking area that is owned, leased, or managed by the university.

(b) Within fifty feet of any entrance or other outside access to a building so as to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems or any other means.

(c) Any vehicle owned or leased by the university.

(2) Sale of tobacco is prohibited on university owned, managed, or leased property.

(3) Disposal of cigarettes and other smoking products in any place on university owned, managed or leased property, other than a smoking receptacle.

(D) Designated outdoor non-smoking areas

(1) The following outdoor areas will be designated as non-smoking areas:

(a) Outdoor athletic facilities

(b) Outdoor areas utilized by the university and/or the Shawnee state university development foundation for scheduled events, including commencement.

(2) The president may approve the establishment of other designated non-smoking outdoor areas, as well as designated outdoor areas for smoking.

(E) Signage and smoking receptacles

(1) "No smoking" signs or the international "no smoking" symbol will be conspicuously posted at all university building entrances and inside all university vehicles. All such signs will include the state of Ohio's contact information for reporting violations.

(2) Locations of smoking receptacles will be placed at least fifty away from any building entrance that are not along any primary walkway. Any person who moves a smoking receptacle without appropriate authority will be in violation of this policy and subject to discipline.

(F) Compliance and enforcement

(1) The president will designate the university department(s) responsible for ensuring compliance.

(2) The university will provide smoking cessation information for employees and students who wish to quit smoking.

(3) The university will identify contact information to enable employees, students and visitors to report any violation of this policy.

(4) Any violation of this policy will be addressed through the standard disciplinary process appropriate to the individual's relationship to the university. Visitors who violate this policy may be denied future access to the university campus.

Replaces: 3362-5-09

Effective: 3/23/2015
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03
Prior Effective Dates: 9/4/07, 11/18/03

3362-5-11 Solicitations and demonstrations.

Shawnee state university's campus, including its buildings, grounds and other property, serve to support the mission of the university. The university intends that its facilities be utilized in a manner that respects the rights of expression, affiliation and peaceful assembly. As such, there shall be procedures that:

(A) Place reasonable controls and safeguards on solicitation activity in university facilities and on university grounds.

(B) Establish reasonable controls and safeguards on protests and demonstrations on university grounds to ensure that the university's administrative and educational functions are not disrupted.

Replaces: part of 3362-5-11

Effective: 3/23/2015
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03
Prior Effective Dates: 6/5/11, 3/21/11

3362-5-12 Media, social media, and web sites.

(A) Overview

(1) Shawnee state university is committed to sharing timely, accurate, and consistent information with its various audiences, including current and prospective students, parents and families, alumni and friends, neighbors and the community through whatever practical means are relevant and available, including media sources, social media sites, and websites.

(2) The office of marketing and communications is the official source of information to the media and manages Shawnee state university's official web and social media presence.

(3) The director of marketing and communications serves as the official university spokesperson and will coordinate designation of an appropriate source regarding specific areas of expertise.

(B) Dissemination of information to media sources

(1) All official university information (events, program news, general news items, information concerning crisis situations) for dissemination to the media will be coordinated through the office of marketing and communications.

(2) The office of marketing and communications is responsible for developing a process that ensures university information is routinely shared with the public, including faculty and staff personal achievements.

(C) Creation and management of social media sites

(1) The office of marketing and communications is responsible for monitoring and managing all social media platforms that officially represent Shawnee state university as an institution. Sites officially representing SSU departments, programs, and/or services may be managed at the department level, with approval by and coordination with the office of marketing and communications.

(2) Users are encouraged to respectfully share their opinions and comment freely about topics posted on all official Shawnee state university social media platforms. Comments determined by the office of marketing and communications to be off-topic; represent advertisements or spam; constitute or encourage illegal activity; infringe upon someone's rights; contain nudity or obscenities; or direct and target physical threats; will be removed.

(D) Creation and management of web sites

(1) The office of marketing and communications is responsible for managing Shawnee state university's web presence, which includes the official site, as well as all official university affiliated or representative websites (e.g. athletics), whether developed and maintained by third-party vendors, university departments, or campus affiliates. All official university websites must be approved by the office of marketing and communications.

(2) All official university websites shall be managed within the campus web content management system, unless exemption is granted by the office of marketing and communications. The web content management system will provide templates for required information, enable incorporation of university branding, and facilitate site maintenance, while providing for centralized management and support. Except as described in this policy, all university offices are required to utilize the campus web content management system for developing and maintaining their respective web sites.

(3) Permission may be granted by the office of marketing and communications to develop and maintain pages outside of the web content management system based on the nature and requirements of the site, technical limitations, ability for ongoing and consistent management of the site, and relationship of the unit to the university.

(4) University offices are responsible to ensure that their web pages within the campus web content management system, as well as those outside the system but officially connected to, meet standards of accessibility conforming to section 504 of the Rehabilitation Act of 1973, compliance with copyright and trademark laws, university web guidelines, and university branding guidelines.

(5) University offices are responsible to ensure that sites containing, soliciting, or collecting protected or personal data comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) and university policy 3.04, "Student Education Records Privacy and Release."

(6) Commercial advertising is prohibited. Websites hosted under official university domains may not advertise or promote private individuals, firms, or corporations, or imply in any manner that Shawnee state university endorses or favors any specific commercial product, commodity or service.

(7) Sponsorship acknowledgements and/or links to outside commercial sites for sponsorship purposes for any university related event must have prior approval from the office of development director. Images, logos, graphics or text used to denote sponsorship affiliations or links to commercial sites may not in any way imply that the university is endorsing a product, service or company. Collection of money online must be coordinated through the office of development.

(E) Emergency information

(1) The office of marketing and communications is responsible for coordinating crisis communications with other appropriate university officials, including the department of public safety, depending on the nature and type of crisis or situation.

(2) The office of marketing and communications and the department of public safety are responsible for developing a procedure for disseminating emergency notifications in the event of school closings or crisis.

(F) Guidelines

Guidelines related to the dissemination of information to the media, management of university social media sites, and the construction of official university web sites shall be established and posted on the office of marketing and communications web site at:

Effective: 2/20/2017
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03
Prior Effective Dates: 6/5/01, 7/20/15

3362-5-15 Commencement planning.

(A) Purpose

Shawnee state university will conduct yearly commencement exercises to honor its graduates. A university committee will plan and organize all aspects of the ceremony.

(B) The commencement committee

(1) The commencement committee for a given year shall be co-chaired by an administrator from the provost's office and by the incoming president of the university faculty assembly (UFA) or his/her designee.

(2) In addition to the co-chairs, members of the commencement committee shall include:

(a) The registrar

(b) Four faculty members, one representative from each college

(c) One student affairs administrator appointed by the vice-president of student affairs

(d) Three students appointed by the student senate

(e) One staff member (involved in making physical arrangements for commencement) as appointed by the provost

(C) Duties of the commencement committee and its members

(1) The commencement committee will plan, organize, and arrange for all aspects of the commencement ceremony.

(2) The incoming UFA president and the president of the university will develop a list of potential commencement speakers no later than December first of the academic year preceding the commencement.

(3) The registrar, as a permanent member of the commencement committee, will be responsible for assuring that the mechanics of petitions, clearing for graduation, and diplomas will be properly performed.

Effective: 6/5/2001
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03

3362-5-17 President's authority university personnel actions.

(A) Purpose

The board of trustees delegates to the president of the university authority to appoint and remove university personnel and establish compensation as set forth by this policy and other board of trustee policies and directives, and in conformance with the laws of the state of Ohio.

(B) General policy

(1) The board of trustees' approval is required for appointments to the position of vice president, as well as for the award of tenure for faculty. Otherwise, the president has the authority to employ, appoint, promote, effect status changes, and terminate all other categories of employees, including faculty. The president also has the authority to demote or terminate vice presidents and appoint interim vice presidents pending a search for a successor to the position.

(2) The president or his/her designee is the appointing authority for classified employees.

(3) The president may delegate the authority to extend offers of employment for approved positions and to terminate employment in conformance with board of trustee policies.

(C) Position authorization

(1) Board of trustees' approval is required for the creation of all new full-time administrative and faculty positions. The president has the authority to determine faculty positions as tenure track or nontenure track.

(2) The president is authorized to create all other categories of positions in accordance with established procedures.

Replaces: 3362-5-17

Effective: 5/23/2013
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03
Prior Effective Dates: 9/4/07, 11/28/2011

3362-5-20 Public records.

(A) Purpose

The purpose of this policy is to ensure university-wide compliance with the Ohio Public Records Act, chapter 149. of the Revised Code ., as well as to facilitate prompt access to the university's public records.

(B) Public records officer

The president will designate a public records officer who will be primarily responsible for establishing and administering a university-wide system to promptly respond to public records requests. The public records officer will work with university offices to establish such system and promote understanding of Ohio's public records laws for all university employees.

(C) Procedures

A procedure will be established to identify public records request pathways and assist requestors, as well as set charges for costs associated with copying records. Procedures may also include, but are not limited to, establishing a process for an internal review of records prior to production to ensure that records produced are not exempt, in accordance with Ohio law.

Replaces: 3362-5-20

Effective: 7/20/2015
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03
Prior Effective Dates: 6/15/01, 10/8/07, 7/23/12

3362-5-27 Business enterprise development.

(A) Policy

It is the policy of Shawnee state university to encourage the development of new business enterprises in the south-central Ohio region which meet the following criteria:

(1) The enterprise will contribute to the economic development of the region.

(2) It is compatible with the university's existing programs.

(3) It will not subject the university to any significant risk of liability.

(4) It will not directly compete with existing businesses in the region which offer the same services or products.

(B) Mission

The mission of the Shawnee state university business enterprise development program is to provide equipment, advice, and nonmonetary support services to foster economic development in south-central Ohio; provide a test environment for the marketability of new technology or products utilizing the expertise of faculty, staff, and students; create a source of revenue for the university and the university's participating departments; and proved an opportunity for students and faculty to experience the business applications of new products and technology.

(C) Legal restrictions

(1) The constitution of the state of Ohio prohibits the university from entering joint enterprises or owning stock in private enterprises (Article VIII section 4). The constitution encourages the university to assist in the creation of jobs and employment opportunities and to improve the economic welfare of the people of the state through the sale, lease, exchange or disposal of property, structures, equipment or facilities for industry, commerce, distribution, and research (Article VII section 13).

(2) Any project or program sponsored by the university must meet Ohio constitutional requirements. Any questions concerning permissible involvement with private enterprises should be submitted to the university's general counsel.

(D) Implementation

The president may execute this policy through implementing procedures. Any procedures approved by the president will be forwarded to the board of trustees and university senate for informational purposes. This policy will be reviewed periodically with recommendations for changes forwarded to the board of trustees by the president.

Effective: 6/5/2001
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03

3362-5-32 Ethics: Conflicts of interest and nepotism.

(A) Purpose

This rule serves to promote compliance with Ohio's ethics laws that address conflicts of interest for public officials and employees. It is the policy that Shawnee state university officials and employees will conduct themselves in a manner that fosters public confidence in the integrity of the university, its processes, decisions and its accomplishments.

(B) Policy application

This policy, except where specifically noted below, applies to all Shawnee state university employees and to the members of the board of trustees.

(C) Definitions

(1) University employees and officials. Unless the context indicates otherwise, means trustees, faculty, administrators, and all full-time and part-time employees, including adjunct faculty.

(2) Senior management or senior manager. Includes university president, all vice presidents, deans, general counsel, and employees at a director level or equivalent.

(3) Honorarium. Any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or similar gathering. Honorarium does not include ceremonial gifts or awards that have insignificant or nominal monetary value.

(4) Anything of value. Includes anything of substantial value, including, but not limited to, money, gifts, promises of future employment, travel and lodging expenses, meals, and entertainment activities, such as golf outings or tickets to a professional or major sporting event.

(5) Family member. Means spouse, parent/step-parent, child/stepchild, grandparent, grandchild, or sibling/step-sibling; father/mother-in-law; brother/sister-in-law.

(6) Public contract. For purposes of this policy a public contract is broadly defined to include formal and informal agreements, including:

(a) The purchase or acquisition of property or services by or for the use of the university, including the employment of an individual by the university; and

(b) The design, construction, alteration, repair, or maintenance of any university property.

(7) For-profit board. As used in this policy and accompanying procedures, for-profit board shall mean the governing body of a business association operated for profit, whether based in Ohio or another state, and whether such board is called a board of trustees, board of directors, advisory board, or any similar name.

(D) General duty to avoid conflicts of interest

(1) A conflict of interest exists when a university employee or official's financial or personal considerations compromise or have the appearance of compromising his or her objectivity in meeting university responsibilities.

(2) University employees and officials may not use their respective university position for their personal benefit or for the benefit of a family member or business associate.

(3) University employees and officials are expected to avoid circumstances that reasonably give the appearance that the individual acted for personal gain rather than the best interest of the university.

(4) University employees and officials are prohibited from taking any action, participating in any decision, or approving any action or decision on behalf of the university that will directly result in a benefit to themselves, family members or non-university business associates.

(E) Soliciting, accepting or using authority for anything of value

(1) General prohibitions

(a) University employees and officials may not solicit or accept anything of value (as defined by this rule) from anyone who does business with the university or is seeking to do business with the university.

(b) University employees and officials may not use the authority of their university position to secure anything of value (as defined by this rule) from anyone who does business with the university or is seeking to do business with the university.

(2) Honorarium

University employees, except for non-administrative faculty and as expressly authorized in division (H) of section 102.03 of the Revised Code, are prohibited from accepting an honorarium as defined by this policy.

(3) Exceptions

(a) The prohibitions described in this section do not apply to items of nominal value, which are typically items that are less than twenty-five dollars in value. Examples include conference trinkets, a meal at a fast food or family restaurant, a promotional item, or inexpensive entertainment activity, so long as they are not viewed as having a substantial or improper influence over the university official or employee.

(b) However, nominal items that are provided frequently or with regularity, such as a weekly or monthly lunch, or multiple smaller items may rise to something of substantial value and are prohibited.

(c) University officials and employees may accept travel, meals and lodging or expenses in connection with conferences or meetings that are organized by an SSU associated organization, so long as the employee receives prior approval from the division vice president.

(4) For examples and further discussion of the topic, see the following Ohio ethics commission bulletins:


(b) fts_and_entertainment.pdf

(F) Public contracts

(1) University employees and officials are prohibited from authorizing, approving or in any manner influencing others to secure a university contract in which the employee or official or family member or non-university business associate would have a financial or personal interest. In order to avoid even the appearance of impropriety, such individuals may not participate in any university decision-making process, formally or informally, regarding a university contract that could benefit the individual.

(2) University officials and employees are prohibited from having an interest in the profits or benefits of a university contract that is not awarded by competitive bid.

(3) Exception:

(a) University officials and employees do not violate this section if his/her interest (or family's or business associate's interest) is limited to owning shares of a corporate contractor that do not exceed five per cent of the outstanding shares, and the employee files an affidavit with the general counsel of the university giving his/her exact status with the corporation at the time the contract is entered into.

(b) An exception may also be recognized when a four-part statutory test is met when determined by the vice president for finance or designee in consultation with the general counsel. The four - part test is as follows:

(i) The supplies or services that are the subject of the university contract is necessary for the university; and

(ii) The supplies or services are not obtainable elsewhere for the same or lower cost, or the supplies or services are being furnished as a part of a continuing contract; and

(iii) The treatment accorded the university is either preferential to or the same as that accorded other customers or clients in similar transactions

(iv) The entire transaction is conducted at arm's length, with full knowledge of university administrators who are evaluating the transaction of the individual official or employee's conflict and such official or employee takes no part in the deliberations or decision with respect to the contract.

(G) Nepotism

No university official or employee may use his/her university position or influence to hire, promote or give preferential treatment to any family member, as defined by this policy.

(H) Senior management participation on for-profit boards

(1) Active participation on for-profit boards by senior management can benefit the university by strengthening economic development, fostering a more complete understanding of the needs and challenges of the university and private business, and familiarizing university officials in areas of business efficiencies. Such participation can also enhance the outreach of the university with business leaders and other benefactors. Senior management shall be permitted to serve as a member of a for-profit board when such service:

(a) would not pose a conflict of commitment to the university,

(b) would not pose a conflict of interest or appearance of conflict of interest and

(c) is not otherwise incompatible with senior management member's duties to the university.

(2) Any compensation paid in connection with membership on a for-profit board shall be reasonable and commensurate with the time and responsibilities required. Senior management s primary commitment must be to the university, and service on an outside board and any fiduciary duty to the outside entity must never conflict with the individual s duties and responsibilities to the university.

(3) Members of senior management are individually responsible for ensuring that service on for-profit boards does not violate Ohio ethics law, Chapters 102. and 2921. of the Revised Code, or diminish the reputation of the university.

(4) The use of personal time is required to engage in for-profit board work either by performing such activities outside usual work hours or using accrued vacation time. The use of the university's name, logo, seal or letterhead in the conduct of the for-profit board activity is prohibited. Senior management engaging in for-profit board work must not use other university employees during designated work time. Incidental and occasional personal use of university computers, equipment and supplies is permitted so long as the use is consistent with other university policies and does not distract from university business (e.g., due to volume or frequency).

(I) Sanctions

Failure of any employee to abide by this rule and/or Ohio's ethics laws may result in discipline up to and including termination, as well as potential civil and criminal sanctions. Any disciplinary action will be in accordance with applicable university policies or collective bargaining agreements.

(J) Ethics officer and compliance efforts

(1) The general counsel will serve as the university's ethics officer and will coordinate efforts with other university officers to promote compliance with this policy and Ohio's ethics laws. Such compliance efforts include education and training as well proactive measures to identify potential employee conflicts of interest.

(2) All employees shall receive a copy of this policy and a copy of Ohio's ethics laws upon hire.

Effective: 2/19/2018
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03
Prior Effective Dates: 09/04/2007, 05/16/2016

3362-5-34 Records management, retention, and disposal.

(A) Purpose

The purpose of this policy is to ensure compliance with the state of Ohio's records management and retention statutes. In accordance with section 149.33 of the Revised Code, university and college boards of trustees "will have full responsibility for establishing and administering a records program for their respective institutions. The boards will apply efficient and economical management methods to the creation, utilization, maintenance, retention, preservation, and disposition of the records of their respective institutions."

(B) Maintenance and retention of university records

(1) Shawnee state university shall have a records system that covers all university departments and offices to ensure that all official records of the university, both public and exempt, are maintained and disposed in accordance with the university's records retention schedule. The records system will adequately reflect the organization, functions, policies, decisions, procedures, operations and other activities of the university.

(2) University records shall not be removed or destroyed, except in accordance with the university's records retention schedule.

(3) The term "university records" has the same meaning as the term "records" in section 149.011 of the revised code, the Ohio Public Records Act.

(C) University records manager, records custodians, and records committee

(1) The president will designate a records manager to be responsible for administration and primary oversight of the university records system and management program.

(2) Each university department or office will have an employee who is designated to serve as its records custodian who will work under the direction of the records manager. The president or president's designee will appoint the records custodians.

(3) The president will appoint a standing records committee to work with the records manager and to oversee compliance of the university's records management program. The committee will include representation from the major functional areas of the university, as well as from key supporting areas, such as the university information services (UIS) and the university library. As part of its compliance function, the committee's responsibilities will include review of the records retention schedule template and this policy, identifying methods to improve the records system and management program, and working with the records manager to ensure that all employees who handle university records are sufficiently aware of their obligations to properly manage and dispose of university records.

(D) Records manual and records retention schedule

(1) The university's guideline for records management is the inter-university council of Ohio's "records retention for public colleges and universities in Ohio: A manual" (IUC manual), and any subsequent updates.

(2) The IUC manual will be used as the basis for establishing legal retention periods and developing a standardized schedule. Under the direction of the university records manger, the records custodians, will determine appropriate record series and retention periods and will develop schedules for each university department.

(3) Attention will be given to records medium, including electronic records, as well as historic value or significance.

(4) The university will utilize a records retention schedule template approved by the board of trustees.

(E) Procedures

The president will be responsible for establishing procedures to further implement this policy.

Effective: 3/22/2012
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03

3362-5-36 Banning individuals from university property.

(A) Purpose and application

(1) The purpose of this campus ban policy is to ensure the health and safety of the university community by identifying the circumstances and processes for removing and/or banning individuals from entering university owned, leased or managed property.

(2) This policy applies to university students, employees, vendors and other visitors.

(B) Circumstances and authorization for removal and prohibition of individuals from university property

(1) The circumstances in which an individual may be removed and/or banned from university property shall be based upon reasons tied to health and safety in order to stop or prevent harm to individuals or property. Such circumstances will be established in an accompanying procedure.

(2) Only individuals who have the president's authorization through an accompanying procedure may order individuals to be removed and/or banned from university property.

(C) Procedure

A procedure will be established to implement this policy. The procedure will include the circumstances and processes for banning individuals, as well as identifying the university officials who have requisite authority from the president to ban individuals, and may include other topics to effectively implement this policy.

Effective: 9/29/2014
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03

3362-5-37 Suicide prevention program.

(A) Purpose

Shawnee state university is committed to the health and wellbeing of its students, faculty and staff. The purpose of this policy is to provide programs for advising and for providing information to students, faculty and staff of the resources available on and off the campus of Shawnee state university for the prevention of suicide. This policy serves to further the university's commitment in accordance with section 3345.37 of theRevised Code

(B) Suicide prevention programming

(1) The vice president for enrollment management and student affairs, whose division includes counseling services, and the vice president for finance and administration, whose division includes human resources, shall be responsible for establishing and identifying avenues for students, faculty, and staff of available on-campus and off-campus programming and other resources for suicide prevention. Such programming and other resources shall include, but not be limited to:

(a) Crisis intervention access that includes information for national, state and local suicide prevention hotlines:

(b) Mental health program access that includes information on the availability of local mental health clinics, and student health and counseling services:

(c) Multimedia application access that includes crisis hotline contact information, suicide warning signs, resources offered, and free-of-cost applications:

(d) Student communication plans that include educational and outreach activities on suicide prevention:

(e) Postvention plans that include a strategic plan to effectively communicate with students, staff and parents following the loss of a person to suicide.

(C) Mental health information

The vice president for enrollment management and student affairs shall ensure that all incoming students are provided with information about mental health topics, including depression and suicide prevention resources available to students. The information provided to students shall include available mental health services and other support services, including student-run organizations for individuals at risk of or affected by suicide.

(D) University web page

University web pages shall be established for students, faculty and staff that provide information on suicide prevention as described in this policy.

Effective: 12/28/2015
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03

3362-5-39 Marketing and branding.

(A) Overview

(1) Shawnee state university is the owner of all right, title and interest in its trademarks, trade names, graphic images, logos, seals, symbols, mascot, taglines, and any other marks associated with the university and its brand.

(2) Shawnee state's brand is a valuable asset and should be promoted and protected. Consistent use of Shawnee state university's brand (colors, images, style, fonts, logos, marks) reinforce the university's image, reputation, and relationship with key stakeholders, including students and families, prospective students, donors, alumni and community partners.

(3) The office of marketing and communications is the official manager of the SSU brand and is charged with establishing and enforcing branding guidelines that are available on the office of marketing and communications website and overseeing appropriate use of Shawnee state university's logos, identity marks and brand elements.

(4) The office of marketing and communications will function to support institution-level priorities, including the university website; recruiting for enrollment management and admissions; development, alumni and community relations; and executive communications. Students, colleges, departments and programs will receive direct brand design support from the office of marketing and communications only where sponsored by the corresponding vice president. Design services for publications and materials not supported by the office of marketing and communications are accessible through university printing services.

(B) Brand compliance

(1) Admissions recruitment, development, alumni relations and athletics promotion

All materials used in official marketing campaigns, to recruit new students, build relationships with alumni and donors, fundraise, or promote athletics must be coordinated through the office of marketing and communications to adhere to established marketing strategies.

(2) Internal divisions, departments and units

Units, staff, students, departments, and divisions carrying out activities that would enhance the university's reputation and that carry the university's logo must follow established branding guidelines available on the office of marketing and communications website. Design services may be accessed through university printing services.

(C) Licensing

(1) Use of Shawnee state university trademarked name, logos and brand are prohibited by external vendors without a license agreement or other contractual agreement.

(2) License agreements may be obtained through the office of marketing and communications who will coordinate with procurement services.

(D) Exceptions

Promotional materials, including posters, flyers, and t-shirts, that are event-specific, are not a part of a marketing campaign, and do not carry the university logo are not subject to the branding guidelines.

(E) Guidelines

Official branding guidelines will be established and posted on the office of marketing and communications web site

Effective: 2/20/2017
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03

3362-5-40 Protection of minors on campus.

(A) Purpose

(1) Shawnee state university (university) is dedicated to the welfare and safety of minors who visit campus, participate in university programs, or are entrusted to the university's care. The university is committed to compliance with all applicable state and federal regulations pertaining to the protection of minors.

(2) The purpose of this policy, and associated procedure, is to ensure and promote the protection of minors participating in university-sponsored activities and programs. This policy establishes requirements applicable to administrators, faculty, staff, students, and volunteers who directly interact with minors.

(B) Definitions

(1) Minor is a person under the age of eighteen.

(2) Activities and programs with minors are: any university sponsored event or operation that includes minors and that do not expect parents or guardians to be responsible for the care, custody, or control of minors.

(3) Camps include: overnight camps, sports camps, academic camps (e.g. upward bound program).

(4) Activity/program director is the individual who manages or coordinates the activity or program with minors.

(5) Child abuse exists when there is endangerment of a minor's physical or mental health due to injury by act or omission, including acts of sexual abuse.

(C) Scope

(1) This policy applies to university activities and programs with minors that are operated on or off campus, including camps, instructional programs that are not included in the university's undergraduate or graduate academic programs.

(2) This policy does not apply to:

(a) Single performances or events open to the general public not targeted toward children.

(b) Social functions that may be attended by minors who are accompanied by their parents/guardians.

(c) Minors enrolled in academic courses including postsecondary courses (e.g., college credit plus).

(D) General restrictions

(1) It is the responsibility of those who bring minors to campus, including, employees, students, and visitors, to ensure appropriate and continuous supervision. These individuals must further ensure that minor children do not visit restricted facilities or environments.

(2) Employees who bring minors to campus, including the worksite, are responsible for the minor's conduct and welfare.

(E) Registration and background checks

Registration of activities and programs and background checks will be required as stipulated in procedure 5.40 :1: camp registration, background checks, training and reporting.

(F) Reporting and training

(1) Individuals who work with minors in university activities and programs are required to report suspected abuse. Guidelines that specify how to report observed or suspected child abuse or neglect will be posted and communicated by the designated university office.

(2) Mandatory training will be required for individuals working with minors per procedure 5.40 :1.

(G) Procedures

Procedures will be established to effectively administer this policy.

Effective: 4/24/2017
Promulgated Under: 111.15
Statutory Authority: 3362.03
Rule Amplifies: 3362.03