Chapter 3364-61 Policy Statements Relating to Weapons, Crime Prevention, Missing Student Notification and Unmanned Aircraft Systems

3364-61-03 Deadly weapons restrictions.

(A) Policy statement

Persons entering the university campus must comply with all laws and university regulations governing weapons.

(B) Purpose of policy

Foster a safe environment for employees, students, faculty, patients and patrons of the university.

(C) Procedure

(1) Scope

Policy applies to all university owned or leased property including areas such as buildings, sporting venues, sidewalks, walkways, driveways and parking lots and extends to any university-sponsored function whether on the university property or not. University vehicles are covered by this policy at all times regardless of whether they are on the university property.

(2) Restrictions

Illegal possession, use or unauthorized storage of firearms, deadly weapons, or dangerous ordnance as defined by the section 2923.11 of the Revised Code is strictly prohibited.

The university strictly prohibits all deadly weapons in university buildings and venues and prohibits all employees and contractors from possession, use and storage of weapons during the performance of work activities.

University students are subject to deadly weapons restrictions found in this policy and regulations cited in any related policy including but not limited to the student code of conduct, housing agreements, event policies and other related university policies.

Realistic replicas of deadly weapons on university premises are strictly prohibited. Use of any deadly weapon or realistic replica of a deadly weapon in a manner that harms or threatens, even if it is legally possessedis strictly prohibited. Deadly weapons and realistic replicas used as props in theatrical and film productions must be disabled but are permitted and must be properly secured when not in use in accordance with policies of the department of theatre and film.

This policy does not apply to law enforcement officers coming on to the university premises while engaged in the performance of their official duties or off duty law enforcement officers qualified to possess an off duty firearm by the officer's employing agency.

This policy does not apply to senior "ROTC" cadets or cadre while transporting weapons for training or in the execution of scheduled training, special events, or drill demonstrations. At no time will ammunition for weapons be available to cadets or cadre while on campus unless said ammunition is being transported to a range or training event in accordance with "ROTC" policies.

(3) Conceal carry weapon license ("CCW")

All persons who enter university property are prohibited from carrying a concealed handgun/firearm (as prescribed under state law) or prohibited weapon of any kind onto the property. This applies to all employees, patients, students, faculty, and visitors on the property, customers, and contractors.

Possession of a valid concealed weapon permit authorized by the state of Ohio is not an exemption under this policy. An individual who has a valid "CCW" permit when on any university property must legally secure their firearm in a locked vehicle.

(4) Notification

The university conspicuously posts "Weapons Prohibited" signs at university facilities and parking areas surrounding university facilities.

(5) Searches

The university of Toledo reserves the right to authorize searches based on reasonable, articulable suspicion for prohibited deadly weapons on its property as deemed necessary by the university of Toledo to assure the safety of its employees, students, patients and visitors. Refusal to permit a search may result in discipline up to an including termination.

(6) Violations

Failure to abide by all terms and conditions of the policies described above may result in discipline up to and including discharge from employment, discipline up to and including expulsion from the university, criminal charges filed and/or removal from university of Toledo property.

(7) Reporting

Report any violations of this policy to campus police immediately.

(8) Limitations

This policy shall not be construed to create any duty or obligation on the part of the university of Toledo to take any actions beyond those required by law.

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

3364-61-06 Mass notification and crime prevention.

(A) Policy statement

The university of Toledo shall have in place mass notification and crime prevention measures.

(B) Purpose of policy

Promote a safe campus environment for students, faculty, staff, patients, and visitors through mass notification and crime prevention efforts in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

(C) Procedure

The university employs a variety of means to notify the campus community and visitors of potentially dangerous situations or threats to public safety.

Emergency phase - mass notification

(1) Indoor public address

(a) Indoor public address may be used in buildings, where available, to communicate an imminent threat to public safety or other emergency.

(b) The indoor public address begins with a tone or siren, amber light, and continues with a verbal announcement.

(c) Public safety personnel have the authority and ability to activate a public address message.

(d) The hospital operators on the health science campus, at the direction of public safety personnel, have the ability to announce code emergencies on the health science campus.

(2) Outdoor public address system

(a) An outdoor public address ("PA") system may be utilized when an imminent threat to public safety exists.

(b) "PA" activation will begin with a tone or siren and continue with a verbal announcement.

(c) Public safety personnel have the authority and ability to activate a public address message.

(d) An "All Clear" announcement may be made when there is no longer a foreseeable threat to public safety.

(e) The outdoor "PA" system will be tested each month, on the first Friday at twelve noon. The emergency warning sirens in the university system will activate for three continuous minutes, simultaneously with the Lucas county emergency siren test.

(3) "UT alert" (immediate notification)

(a) "UT alert" is a service available to all students, faculty, and staff which delivers a text message and email message to subscribers announcing an emergency situation.

(b) "UT alerts" are utilized when an event occurs posing an ongoing threat to the safety of persons on campus.

Examples of an on-going threat may include, but are not limited to, the following:

(i) Missing or abducted child on the campus.

(ii) Violent episode.

(iii) Catastrophic power or utility failure affecting most or all of the campus.

(iv) Nuclear, biological or chemical contamination incident on campus (either accidental discharge or terrorism-related) (code orange)

(v) Inclement weather

(c) The office of public safety and university communication personnel have the authority and ability to issue a "UT alert" notification.

(d) Upon confirming a qualifying event on campus has occurred, an authorized user will write the appropriate message and send the alert.

(e) "UT alerts" may be used throughout an event to provide updates as new facts become available or circumstances change.

(f) An "All clear" alert may be sent when there is no longer a foreseeable threat to public safety.

Advisory phase - mass notification

(A) Timely warning notice ("TWN")

(a) All crimes or incidents presenting a threat to campus safety should be reported to the university police and/or campus security authorities.

(b) On a case-by-case basis, the university will determine whether a "TWN" will be issued.

(c) The "TWN" is reserved for certain crimes as determined necessary by the chief of police, or his or her designee in his or her absence, determined to occur within the Clery geography of campus and (i) reported to a campus security authority (ii) considered to represent a serious or continuing threat to students, employees and the university community.

(d) Every attempt will be made to distribute "TWNs" as soon as possible after relevant facts are gathered.

(e) "TWNs" contain a date, time and description of the incident and if known, information which and may aid in the identification of a suspect.

(f) "TWNs" may be updated if new or more accurate information becomes available.

(g) The university withholds information, which if made public, could lead to the identification of a protected victim or risk compromising law enforcement efforts.

(h) In instances when violent crime occurs between two individuals who know each other, the university will examine each instance to determine if the suspect poses a continued threat to the campus community.

(i) The university makes every effort to properly classify a criminal incident when issuing a "TWN." Further analysis and investigation may determine incidents do not fall within the definitions or jurisdictions of reportable crimes included in the annual security report and therefore may not be included in crime statistics.

(j) "TWNs" are distributed through email to all members of the university community and are posted on the official website as well as social media websites operated by the university of Toledo police department.

(B) Crime awareness bulletins

(a) For incidents that do not fit the requirements of a "TWN," "UTPD" may issue crime awareness bulletins. Crime awareness bulletins are designed to heighten awareness about crime trends, solve crimes (both on and off campus), and/or provide other safety information.

(b) Crime awareness bulletins contain a date, time and description of the incident and if known, information which and may aid in the identification of a suspect.

(c) Crime awareness bulletins may be updated if new or more accurate information becomes available.

(d) Crime awareness bulletins are posted on the official website and social media websites operated by the university of Toledo police department.

University of Toledo police

The university of Toledo police department will provide a deterrent to criminal activity through enforcing criminal law and providing a police presence. The university of Toledo police will provide crime prevention education to the campus community.

Citizens

Each member of the university of Toledo community has an obligation to take cautionary measures to insure his/her safety and well-being on the campus. It is in every citizen's self-interest to be aware of the possibility of crime on campus and to take those steps necessary to safeguard against this occurrence.

Employees

In the event an employee has knowledge a crime has been committed on campus, it is the employee's responsibility to report the crime to the university of Toledo police at telephone extension 2600 and fully cooperate with the investigation. Those employees who meet the definition of campus security authority are required to immediately report Clery crimes to the university of Toledo police department and/or university Clery Act compliance officer.

Effective: 6/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-61-10 Missing student notification.

(A) Policy statement

The university of Toledo will establish procedures to respond to a student living in on-campus student housing that the university of Toledo has determined to be missing.

(B) Purpose of policy

The policy creates a framework allowing the university of Toledo community to work cooperatively and increase the likelihood of locating a university of Toledo residential student, who based on the facts and circumstances, has been determined to be missing by law enforcement. Rule 3364-61-10 of the Administrative Code, "Missing student notification," contains reporting and response guidelines and complies with The Higher Education Opportunity Act.

(C) Procedure

(1) The office of residence life will request each campus housing student to designate an emergency contact person or persons to be contacted in the event the student is determined missing by law enforcement.

(2) Missing person contact information is registered confidentially and accessible only to authorized campus officials and disclosed only to law enforcement personnel in the furtherance of a missing person investigation.

(3) On campus students are responsible for updating missing person contact information through the office of residence life.

(4) The senior vice president, student affairs or designee must notify the emergency contact person or persons within twenty-four hours after the time the student has been determined missing by law enforcement.

(5) The senior vice president, student affairs or designee must notify the custodial parent or guardian for students under eighteen years of age and not emancipated, within twenty-four hours of the determination that the student is missing, in addition to notifying any additional contact person or persons designated by the student.

(6) Due to the critical nature of missing person complaints, the university of Toledo police department does not have a waiting period before a person can be reported missing. If a member of the university community has reason to believe that a student who resides in on-campus housing is missing, he or she should immediately notify the university of Toledo police department. Missing student reports filed with the university of Toledo police department will be investigated in accordance with university of Toledo police policy.

(7) If the student is determined to be missing from a location not within one of the university campuses, the reporting person will be directed to file a missing person police report with the agency of jurisdiction. The university of Toledo police will also notify the local law enforcement agency within twenty-four hours of the determination that the student is missing.

(8) Once a student is determined to be missing, the university of Toledo police department will notify the follow individuals or designees: senior vice president for student affairs and the vice president for advancement.

(9) The office of university communication shall handle all media inquiries and disseminate all university communication regarding a missing student incident.

Effective: 6/1/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364

3364-61-14 Unmanned aircraft systems ("UAS") and model aircraft.

(A) Policy statement

All operation and use of unmanned aircraft systems ("UAS") and model aircraft on or above university property must be preapproved by the university and in compliance with the rules of operation set forth in this policy, including associated procedures promulgated pursuant to the authority of this rule. See paragraph (G) of this policy for link to form requesting pre-approval.

(B) Purpose of policy

(1) Reasonably mitigate public safety risks to individuals and organizations potentially affected by "UAS" or model aircraft operations:

(2) Ensure compliance with federal, state, and local laws and university liability insurance provisions: and

(3) Meet institutional regulations and ethical responsibilities with respect to privacy.

(C) Scope

Any individual who operates or wishes to operate "UAS" or model aircraft on or above university property.

(D) Operation

All operation and use of unmanned aircraft systems ("UAS") and model aircraft on or above university property must comply with federal aviation administration ("FAA") regulations, and any local, state and federal laws. Any operation or use violating such regulations and laws is prohibited. It is the responsibility of the operator to ensure compliance with all applicable laws.

(E) Enforcement and penalties

(1) Any person operating a "UAS" or model aircraft on university property without an approved request form: in violation of their "FAA" approved status or any federal, state or local law: or, in violation of university rules or policies, may be advised by university police or any university representative with control or jurisdiction over the activity to cease operation immediately until appropriate approval is received.

(2) Student violations may be addressed in accordance with the code of student conduct as well as other applicable rules and policies and may include sanctions, up to and including expulsion.

(3) Employee violations may be resolved in accordance with university disciplinary rules and policies, up to and including termination.

(4) Any violators of local, state and federal laws and regulations may be addressed by appropriate law enforcement or "FAA" authorities.

(F) Definitions

(1) University property: buildings, grounds and land owned by the university of Toledo or controlled by the university of Toledo via leases or other formal contractual arrangements for university activities.

(2) Unmanned aircraft system ("UAS"): "UAS" is also known as unmanned aerial vehicle ("UAV") or may be characterized as a drone. UAS is an unmanned aircraft and all of the associated support equipment, control station, data links, telemetry, communications and navigations equipment, etc. necessary to operate the unmanned aircraft safely in the national airspace system.

(G) Link to unmanned aircraft systems ("UAS") procedure link to pre-approval form

Effective: 10/4/2016
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364