Chapter 3364-5 Administrative Responsibilities; Start-Up Community Schools; Campus

3364-5-01 Succession of administrative responsibility.

(A) Policy statement

In the absence of the president unless otherwise designated by the president the provost and executive vice president for academic affairs shall be the chief administrative officer of the university. In the absence of the provost and executive vice president for academic affairs, the executive vice president for finance and administration "CFO" shall be the chief administrative officer of the university. In the absence of the executive vice president for finance and administration, the executive vice president for clinical affairs and dean of the college of medicine and life sciences shall be the chief administrative officer of the university. In the absence of the executive vice president for clinical affairs and dean of the college of medicine and life sciences, the senior vice president for student affairs shall be the chief administrative officer of the university.

(B) Purpose of policy

The purpose of this policy is to establish a succession of administrative responsibility.

Effective: 7/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-5-02 Governmental relations.

(A) Policy statement

The office of governmental relations serves as the primary resource in representing the university of Toledo to elected and appointed government officials and their staff. Government relations is also the primary contact for visits of elected and appointed government officials to campus. University faculty, staff members and students are free to have open communication with elected and appointed government officials with the understanding that they are not representing the university of Toledo. Only members of the office of government relations, or persons approved by the president or his designee shall represent the university to any elected or appointed government official or governmental body. The university of Toledo's faculty and staff are encouraged to visit elected and appointed government officials on the importance of the respective disciplinary or scholarly activities, but the office of government relations is to be notified of planned visits in advance. The university of Toledo's faculty and staff who need to communicate with federal or state agency officials, such as grant program officers, about programs, projects or other activities as part of expected duties of a faculty or staff member need not involve the office of government relations.

(B) Purpose of policy

The purpose of this policy is to establish who can represent the university to any elected or appointed government official or governmental body.

Effective: 7/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-5-03 Sponsoring and overseeing start-up community schools.

(A) Policy statement

In accordance with division (C)(1) of section 3314.02 of the Revised Code, the university of Toledo board of trustees can designate a legally-constituted entity as a sponsoring authority for a new start-up community schools to execute the obligations and requirements associated with the charter school legislation.

(B) Purpose of policy

This policy articulates the minimum requirements necessary for the sponsoring authority designated by the university of Toledo board of trustees to select and oversee the start-up community schools.

(C) Procedure

(1) Factors to be evaluated in the selection of an applicant school:

(a) School model

(b) Curricular model

(c) Academic performance

(d) Location of facility

(e) Management model, including staff plan

(f) Composition of the board and governance structure

(g) Financial projections for twelve months, three years, and five years

(h) Funding sources

(2) Activities to be performed in oversight of contracted schools:

(a) Examine the curriculum

(b) Perform a visual site analysis

(c) Review teachers' credentials

(d) Review governance structure

(e) Review any modifications in management agreements

(f) Review financial performance.

(C) Information to be reported to the university of Toledo board of trustees:

(1) Student information

(a) Enrollment

(b) Suspensions/expulsions

(c) General comments

(2) Educational program information

(3) Staff information

(4) Financial information

(a) Budget condition

(i) Cash condition

(ii) General comments

(b) Operational information

Effective: 7/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-5-06 University sustainability policy.

(A) Policy statement

The university of Toledo is committed to environmentally responsible use of resources and sustainability in all areas of its environment. The university seeks to integrate the values of sustainability, stewardship, and conservation of resources into activities and services.

In accordance with this commitment to environmental stewardship, the university regularly reviews initiatives and best practices to enhance university sustainability efforts, including but not limited to energy efficiency and sustainability in all capital projects, renovation projects, and operations and maintenance within budgetary constraints; recycling and waste management; campus transportation resources; and environmentally preferable purchasing.

The university will provide means for the ongoing active input of students, faculty, administration, and external representatives in further development, implementation and mechanisms for tracking progress of the university's sustainability efforts.

University policies and practices should, when possible, embody approaches that reduce life cycle costs, restore or maintain the function of natural systems, and enhance human well-being consistent with the mission, vision, and strategic plan of the university of Toledo

(B) Purpose of policy

To formally establish the university's commitment to sustainable practices, to foster energy conservation, and to provide for environmental stewardship.

Effective: 7/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-5-08 Flag presentation.

(A) Policy statement

The university is committed to demonstrating honor and allegiance to the United States of America, the state of Ohio, and this university, through presentation of flags.

(B) Purpose of policy

The purpose of this policy is to ensure continuity with all memorial celebrations by reflecting uniformity at all university of Toledo owned or operated facilities.

(C) Procedure

(1) The president of the university of Toledo will authorize the presentation of flags.

(2) As applicable, federal and state guidelines shall be observed.

(3) The American, state of Ohio and university of Toledo flags will be presented every day at full mast.

(4) The flags will be flown in a consistent manner at all facilities.

(5) The flags will be replaced as needed to ensure their integrity.

(6) The president of the university of Toledo may authorize other flags to be flown.

(7) Flag presentation, other than at full mast, will be authorized by the president of the university of Toledo.

(8) Time frame for display at half-mast will be specified.

Effective: 7/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-5-14 Expression on campus.

(A) Purpose of policy

The purpose of the policy is to promote the free exchange of ideas and the safe and efficient operation of the university by:

(1) Fostering free speech, assembly, and other expressive activities on publicly accessible outdoor areas of any university campus by any persons, whether or not they are affiliated with the university, and regardless of the viewpoint being expressed.

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

(3) Maintaining the personal security of all persons present on university property and protecting the property of the university and of persons present on university property.

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

This policy does not apply to use of university facilities or grounds for official events sponsored by the university, nor does it supersede rule 3364-5-10 of the Administrative Code (use of university facilities). Expressive activities carried out under this policy will not be considered to be speech made by, on behalf of, or endorsed by the university. This policy supersedes any provisions in any other earlier-adopted university policies that address similar or overlapping issues, such as use of outdoor spaces. Academic freedom is not addressed under this policy, but covered by other policies or collective bargaining agreements.

(B) Scope

This policy applies on all university campuses. This policy does not apply to use of any area of any university campus by university employees who are acting in the course of their job responsibilities.

(C) Outdoor areas of campus generally available for use

(1) General access

Any person or group may use, without prior notification, any publicly accessible outdoor area of any university campus except parking lots, garages and driveways. Federal, state and local laws will be enforced as applicable. The use of walkways or other common areas may not block the free passage of others nor impede the regular operation of the university. Use of the general access areas may include speaking, non-verbal expression, distributing literature, displaying signage and circulating petitions. There is no limit to the number of times a month a person or group may access these areas.

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

(2) Large groups

Except in the circumstances described below, any person or group whose use of an outdoor area for demonstration or protest is expected or reasonably likely to have more than one-hundred people in attendance is asked to notify the student union office at 419.530.2931.at least two business days before the day of the expressive activity, including information as to the specific location to be used for the event and the estimated expected number of persons, and the name and contact information of at least one person who can be contacted regarding logistics of the event, which should include at least one person who will be personally present. Security and clean-up costs will not be charged to the person or group.

Prior notice is requested to ensure that there is sufficient space for the large group event, that the large group event does not conflict with any other scheduled use of the outdoor space, and that sufficient university resources are available for crowd control and security. If such advance notice is not feasible because of circumstances that could not be reasonably anticipated, such as because of very recent or still-unfolding news developments, the person or group should provide the university with as much advance notice as circumstances reasonably permit.

(D) Student use

In addition to the general right of access to outdoor areas of campus described above, any student or student organization may seek to reserve the use of specific outdoor areas by contacting the student union office at 419.530.2931.

Any request by a student or student organization to reserve such area or space is should be made at least twenty-eight business days before the event. A request will be granted unless it would conflict or interfere with a previously scheduled event or activity or violate university policy.

A student or student organization that has reserved a specific area or space under this policy will have priority over any other persons seeking to use the area or space during the scheduled time period. Any decision denying a request will be promptly communicated in writing to the requester and will set forth the basis for the denial. The content of the anticipated speech or other expressive activity will not form the basis for a denial.

(E) Prohibited activities

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

(2) Unlawful harassment as set forth in rule 3364-50-01 of the Administrative Code is not permitted.

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

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

(F) Enforcement

Any person who violates section "E" of this rule may be subject to an order to leave university property. Employees in violation of this policy may be subject to discipline, up to and including termination. Students in violation of this policy may be subject to discipline under the applicable code of conduct.

Effective: 7/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-5-15 Campus visits by candidates for political office.

(A) Policy statement

Candidates for public office are welcome at the university of Toledo. These visits generate media coverage and promote interest and attendance by the public. As an academic institution, the university values the opportunity for students to view and participate in the political process. It is the policy of the university of Toledo to foster a spirit of free inquiry and to encourage the timely discussion of a wide variety of issues. Political campaigns may hold events on campus so long as the university does not endorse the campaign, it is open to campaigns from all candidates and parties, and university funds cannot be used to support the campaign.

(B) Purpose of policy

This policy provides the terms and conditions under which the university permits political campaigns to hold events on campus including topics such as maintaining institutional neutrality, paying for the cost of events, and the official point of contact for major events such as in presidential campaigns. The policy is to ensure that the university complies with federal and state law, protects the university's tax status, and protects the institution from political entanglements.

As a state supported university, federal tax law requires the university to remain politically neutral and prohibits any participation, directly or indirectly, in the campaign of any candidate or political party. While the university of Toledo is welcoming to all political candidates and parties, it cannot support, endorse, or promote any political candidate.

As public institution of higher education, the university of Toledo acknowledges its role in educating students and serving the community as a venue for the exchange of ideas. In fulfilling this responsibility, the university of Toledo is committed to the free exchange of ideas and opinions, and encourages its students, faculty and staff to exercise their vote and participate in the democratic process. The university is dedicated to protecting the freedoms of speech, expression, petition and peaceful assembly while maintaining its ability to impose reasonable time, place, and other restrictions on any campaign events.

(C) Scope

This policy applies to all students, faculty, staff and administrators of the university who are acting on behalf of the university. Nothing in this policy should be construed to limit one's ability to express personal opinions or restrict one's right to engage in political activities. However, when an affiliate of the university participates in political activity it must be done outside of his or her affiliation with the university.

(E) Procedure

(1) Equal opportunity for all candidates

The university of Toledo will provide political candidates or their supporters opportunities to speak at the university's facilities, so long as a similar opportunity is made available to all candidates. Official student groups may reach out to campaigns to host political events on campus under the conditions described in this policy.

(2) Point of contact

If recognized student groups, such as student political organizations, wish to host an event on campus, they must contact the office of government relations to describe the event and the suggested venue. In cases where the number of participants is not large, the group will be directed to hold the event in the student union following standard student union guidelines for holding external events.

If a candidate or campaign contacts a university faculty member, staff member, or administrator in their official capacity, that person must contact the office of government relations who will engage with the candidate or campaign on the nature of the event, the anticipated size of the event, the anticipated media coverage, and other aspects such as may be required for elected officials, presidents and former presidents, or candidates for the position of president of the United States.

(3) Coordination with other units on campus

The office of government relations will contact other offices, personnel, and officials on campus as required by the nature of the event. Such offices may include the office of legal affairs, the office of media relations, facilities services, and the university of Toledo police department.

(4) Use of university resources

The university shall not authorize the use of any university funds, services, or resources for the purpose of affecting the outcome of any election.

(5) Costs for the use of university facilities

Candidates and/or their supporting organizations must reimburse the university for expenses related to room set-up and clean-up and any damages resulting from the event. However, the university may provide resources toward expenses related to the event that are in the best interest of the university, such as making minor cosmetic improvements in space that may be viewed by a national audience. "UT" branding of the event may occur where appropriate.

(6) Use of university facilities for political campaign advertisements

University facilities shall not be used for the production of political campaign advertisements.

(7) Liability

Additionally, the university will not be liable for any accidents or incidents occurring during the campaign event.

(F) Other

The president of the university may grant exceptions to this policy. Such exceptions will be in writing.

Effective: 7/11/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364