This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3335-5-01 | Academic freedom and responsibility.
(A) The Ohio state university endorses full academic freedom as essential to attain the goal of the free search for truth and its free exposition. Academic freedom and academic responsibility are twin guardians of the integrity of institutions of higher learning. This integrity is essential to the preservation of a free society and explains the willingness of society historically to accept the concept of academic freedom and, in addition, to protect it through the institution of academic tenure. (B) The principal elements of academic freedom include the freedom of faculty to: (1) Teach, conduct research, and publish research findings; (2) Discuss in classrooms, in their own manner, any material that is relevant to the subject matter as defined in the course syllabus; (3) Exercise their constitutional rights as citizens without institutional censorship or discipline; (4) Seek changes in academic and institutional policies through lawful and peaceful means. (C) Academic freedom carries with it correlative academic responsibilities. The principal elements include the responsibility of faculty to: (1) Meet their defined teaching, research, and service obligations; (2) Pursue excellence, intellectual honesty, and objectivity in teaching, in conducting research, and in publishing research findings; (3) Encourage students and colleagues to engage in free discussion and inquiry; (4) Evaluate student and colleague performance on a scholarly basis; (5) Refrain from persistently introducing matters that have no bearing on the subject matter of the course; (6) Work with appropriate individuals and bodies to provide optimal conditions conducive to the attainment of the free search for truth and its free exposition; (7) Differentiate carefully between official activities as faculty and personal activities as citizens, and to act accordingly.
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Rule 3335-5-02 | Appointments and continuing employment; conditions upon.
Effective:
October 11, 2023
(A) Upon nomination and recommendation by
the president of the university, the board of trustees shall make all
appointments to all positions within the university and approve the salaries
therefor. (B) In defense of the freedom of those
who teach and those who learn, and of the governmental system upon which such
freedom is dependent, the conditions hereinafter set forth shall govern all
initial appointments and continuing employment by the university. (C) It shall be sufficient cause for the
removal of any officer, faculty or employee of the university, pursuant to the
procedures set forth in rule 3335-5-04 of the Administrative Code, that such
officer, faculty, or employee advocate, or have membership in an organization
which is generally known to advocate the overthrow of the government of the
United States, or of the state of Ohio, by force, violence or other unlawful
means. (Reference is made to the provisions of section 124.36 of the Revised
Code.)
Last updated October 11, 2023 at 8:36 AM
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Rule 3335-5-02.1 | Financial exigency.
(A) Definition. "Financial exigency" is an imminent financial crisis which seriously jeopardizes the ability of the university as a whole to survive as an institution of excellence in teaching, research, and public service. Projections of enrollment, of instructional subsidies, and of other sources of revenues must demonstrate that the shortage of funds will be both severe and persistent and cannot be alleviated by temporary or voluntary measures, as specified in paragraph (B)(2) of this rule. (B) Mechanism of determination. (1) In the event of an imminent financial crisis, as announced and defined by the president to the university senate, the president will solicit the recommendations of the fiscal committee, as provided for under rule 3335-5-48.11 of the Administrative Code, to ascertain whether a determination of financial exigency is warranted. (2) The fiscal committee, acting in accordance with rule 3335-5-48.11 of the Administrative Code, shall have the responsibility to: (a) Review the budgetary documentation of the crisis, having full access to that documentation. (b) Assess whether the crisis would reduce the quality of the academic programs of the university as a whole to an unacceptable degree and would render the university unable to meet its obligations to the public. (c) Ascertain the extent to which consolidation or elimination of some administrative offices and services or reductions in operating and equipment budgets would alleviate the crisis. (d) Ascertain the extent to which voluntary retrenchment mechanisms, including early retirement or resignation or other economic incentive plans, would alleviate the crisis. (e) Make a recommendation based upon the above considerations of the need for a determination of financial exigency. (f) Report the results of its deliberations to the university senate. (g) Monitor the financial condition of the university during a state of financial exigency. (3) Upon receipt of the report of the fiscal committee, the university senate shall make its recommendations as to whether there should be a determination of financial exigency. (4) Upon receipt of the recommendations of the fiscal committee and the university senate, the president will notify the university community and the university senate of the administration's analysis and proposed response to the financial situation, allowing an opportunity to respond to questions and to solicit advice and opinions. (5) In the event that the recommendations of the university senate and the president differ substantially on recommending determination of financial exigency to the board of trustees, recommendations of both shall be forwarded to the board, which has final responsibility for the determination of financial exigency. No further establishment of financial exigency will be required for one year at which time the full procedures must be invoked again. (C) Review of administration proposals for alleviating financial exigency. (1) Upon determination of a state of financial exigency and upon receipt from the executive vice president and provost of proposals, prepared in consultation with the college faculties, for curtailment of academic programs to alleviate financial exigency, the council on academic affairs shall review the proposals. (2) For the purpose of this review, the council is to be an advisory committee to the president and is to report the results of its review both to the president and to the university senate. (3) For this review, the council shall be chaired by a tenured faculty member of the council. If neither the chair nor the vice chair of the council is a tenured faculty member of the council, then a tenured faculty member of the council shall be elected to act as chair of the council for the review of these proposals and for the submission of results to the president and to the university senate. (4) In the conduct of its review, the council is authorized to: (a) Obtain explanations of the proposals or provisions thereof; (b) Request or initiate changes in the proposals and seek concurrence of appropriate administrators. In the event of non-concurrence, the council will note any points of disagreement. (5) All proposals are to be reviewed both individually and as a coordinated set. (6) In the review, the council shall: (a) Consider alternatives to those proposals which would result in involuntary termination of tenured faculty members or tenure track faculty members in the probationary period; (b) Determine that the proposals are consistent with established educational and academic policies of the university; (c) Determine that there has been appropriate consultation with administrators, faculty, and students in the preparation of the proposals; (d) Determine the extent to which the proposals affect the affirmative action commitment of the university; (e) Determine that the proposals consider the effect upon students whose faculty advisers are reassigned or terminated and students whose field of study would be eliminated; (f) Determine that the reassignment, economic incentive, and retraining provisions under rule 3335-5-02.2 of the Administrative Code have been considered; (g) Determine that the proposals take into account the quality of relevant programs. (7) The council shall conduct a hearing or hearings at which appropriate administrators, faculty members, and students are invited to testify. (8) Within sixty days of the receipt of the proposals or such time as the president may designate, the council shall submit its report to the president and the university senate. (D) Ending a state of financial exigency. A state of financial exigency ends one year after determination, unless ended sooner by the board of trustees.
Last updated September 22, 2023 at 1:50 PM
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Rule 3335-5-02.2 | Treatment of tenured faculty members during financial exigency.
Effective:
October 11, 2023
(A) Definitions and construction. (1) Academic program or program means: (a) A college, school, department, division, or instructional unit headed by an academic administrator; (b) A research or service unit, which may or may not educate students headed by an academic administrator; (c) A coherent set of courses, or program of study, which leads to an academic degree; or (d) A coherent set of courses, or program of study, which does not lead to an academic degree but which serves to educate or train students (e.g., a professional certification program or a remedial program). (2) Curtailed means reduced or eliminated, while preserved means not eliminated. (3) Tenured faculty member means a tenured member of the tenure-track faculty. (4) Tenure initiating unit (TIU) means the specific academic unit responsible for making the initial recommendation on a tenure-track faculty member's tenure status as recorded on the university tenure audit list available at the office of academic affairs. For purposes of this definition, the university tenure audit list of March 12, 1982, shall be retained, except as subsequently modified in accord with paragraph (C) of rule 3335-5-14 of the Administrative Code. (B) Involuntary termination of tenured faculty. (1) Hiring of faculty during financial exigency. The university shall not appoint new faculty while terminating tenured faculty appointments because of financial exigency unless a serious distortion in academic programs would otherwise result. (2) Preservation of tenure initiating unit. A tenured faculty member whose TIU is preserved shall not be involuntarily terminated because of the curtailment of academic programs to which the faculty member is assigned. (3) Administrative restructuring of tenure initiating unit. A tenured faculty member whose TIU is restructured by an administrative reorganization (e.g., by consolidation or merger with other TIU's, or by dispersal into several TIU's) shall not be involuntarily terminated for that reason. The faculty member shall be transferred to the appropriate reorganized TIU in accordance with the provisions of paragraph (C)(4) of this rule. (4) Reinstitution of tenure initiating unit. If an eliminated TIU is substantively reinstituted or established within a remaining TIU within three years, the university shall offer to reappoint all terminated tenured faculty members at their previous ranks. (5) Elimination of tenure initiating unit. A tenured faculty member whose TIU is scheduled for elimination shall not be involuntarily terminated for that reason until the reassignment provision of paragraph (C) of this rule and the economic incentives of paragraph (D) of this rule have been offered to all eligible faculty members in the TIU. (6) Notice of termination. A termination of appointment because of the elimination of a tenure initiating unit shall become effective no sooner than June thirty of the first full academic year following the academic year in which the appointment is terminated. (7) Eligibility for termination compensation. A tenured faculty member who has been involuntarily terminated because of the elimination of their tenure initiating unit shall be entitled to accrued benefits and such compensation as authorized by the board of trustees. (C) Reassignment of tenured faculty members. (1) Change of tenure initiating unit. If a tenured faculty member's TIU is scheduled for elimination, then the university shall offer to transfer the faculty member to any suitable authorized position in the remaining TIU's provided that a simple majority of all tenured faculty in a TIU are willing to accept the faculty member. The evaluation of the professional qualifications of the faculty member shall be made by the faculty in the new TIU, based on considerations of the faculty member's potential contributions to the needs of the program according to the prevailing standards of the new TIU. (2) Reassignment to new position. A tenured faculty member whose tenure initiating unit is scheduled for elimination shall not be reassigned to another position unless that reassignment includes a change of TIU and retention of tenure. This requirement shall not preclude the possibility of employing in a non-faculty position a faculty member who has lost tenure because of resignation or involuntary termination. A faculty member shall not be obligated to accept an offer of reassignment. (3) Eligibility for economic incentives. A tenured faculty member who accepts an offer of reassignment according to the provisions of paragraphs (C)(1) and (C)(2) of this rule and who voluntarily resigns from the reassigned position within six months, shall be entitled to any of the economic provisions of paragraph (D) of this rule that were applicable at the time of reassignment. (4) Rate of compensation. Reassignment of a tenured faculty member to a different tenure initiating unit shall not be at a reduced rate of compensation. If reassignment necessitates a change of compensation base (e.g., conversion between nine-month and eleven-month appointments), then the change shall be calculated according to standard university accounting procedures. (5) Displacement of other employees. A tenured faculty member who is reassigned to a new tenure initiating unit shall not displace an incumbent in an existing position (e.g., a tenured faculty member in a program which is curtailed shall not be assigned to a position in another TIU held by an untenured faculty member, or to a position held by an administrative and professional employee). (6) Retraining of faculty. Where reassignment of a tenured faculty member according to the provisions of paragraph (B)(1), (C)(1), or (C)(2) of this rule would be facilitated by or contingent upon a period of retraining, the faculty member shall be eligible for a reassignment training leave. (D) Economic incentives and retraining programs. (1) Early retirement program. The university shall invoke the provisions of the Ohio state university early retirement program to facilitate the voluntary reduction of tenured faculty members in a curtailed academic program. (2) Reassignment training leave program. The university shall invoke the provisions of a reassignment training leave program to facilitate reassignment of tenured faculty members to other programs or tenure initiating units. (3) Other programs. The university shall invoke any other feasible methods to reduce by voluntary means the number of tenured faculty members in a curtailed academic program. Such methods could include a voluntary resignation program (e.g., a "buy-out" plan), among other possibilities.
Last updated October 11, 2023 at 8:36 AM
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Rule 3335-5-02.3 | Appeal procedures for tenured faculty because of termination of appointments during financial exigency.
(A) Scope and construction (1) A tenured faculty member who has received a notice of termination because of financial exigency shall have the right to a hearing before a faculty hearing panel. (2) The responsibility for presenting the formal appeal and for responding to the hearing panel's requirements at all stages rests with the faculty member bringing the complaint ("the complainant"). (3) The determination of financial exigency or the decision to eliminate a tenure initiating unit shall not constitute grounds for an appeal. (4) An appeal may be made only on the basis of a complaint over the interpretation or implementation of paragraphs (B) to (D) of rule 3335-5-02.2 of the Administrative Code. In considering complaints over implementation of the aforementioned rules, the hearing panel shall consider only whether those individuals making the decisions followed the appropriate procedures and considered the important evidence material to a fair determination. (B) The faculty hearing committee. (1) Written notice of intention to appeal shall be given by the complainant within thirty days of the receipt of a termination notice. An additional thirty days will be allowed for the complainant to submit the formal appeal. The notice of intention to appeal and the formal appeal will be submitted to the executive vice president and provost and to the chair of the faculty hearing committee, (2) In response to each notice of intention to appeal, the faculty hearing committee shall select a hearing panel of tenured faculty members according to the provisions of rule 3335-5-48.10 of the Administrative Code. The hearing panel shall begin its review of the case not earlier than thirty days and no later than sixty days from receipt of the notice of intention to appeal, except by mutual consent of the complainant and the chair of the faculty hearing committee. (3) The hearing panel shall conduct an investigatory proceeding in accordance with the following provisions: (a) The proceeding shall not be adversarial in nature. The proceeding shall be an investigation leading to a report on whether or not those individuals making the decision followed the appropriate procedures and considered the important evidence material to a fair determination. (b) The complainant shall have the right to be present at any hearing before the panel where testimony is taken concerning the complainant's case and to bring an adviser. No formal transcript of the hearing need be made unless requested by the complainant. (c) The complainant shall state the case in writing and shall have the opportunity to present the case in person to the hearing panel and to offer any evidence in support of the claim. (d) The person or persons responsible for the decision may be called upon by the hearing panel to demonstrate that the important and material evidence was considered. (4) At the conclusion of the hearing, the hearing panel shall either dismiss the complaint or support the complaint. In either case, the panel shall record its findings in writing, providing specific responses to each charge made by the complainant, summarizing the evidence and rationale which led the panel to its decision. These findings shall be reported to the administrative officer of the tenure initiating unit, to the dean of the college in which the complainant is a member, to the executive vice president and provost, and to the complainant. (5) The hearing panel shall recommend to the executive vice president and provost and to the president either that the complaint be dismissed or that corrective action be taken. (6) Within thirty days of the receipt of the panel's decision, the executive vice president and provost shall respond in writing to the hearing panel and to the complainant stating what action has been recommended and the reasons therefore. (7) All written documents and recorded testimony obtained by the hearing panel shall be made available to the complainant upon request. (C) The president (1) After receipt of the hearing panel's recommendations under paragraph (B)(5) of this rule, and the executive vice president and provost's recommendations under paragraph (B)(6) of this rule, the president shall review the matter and take whatever action is deemed appropriate. (2) All decisions of the president under this procedure shall be provided in writing to the hearing panel, the executive vice president and provost, and the complainant.
Last updated September 22, 2023 at 1:50 PM
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Rule 3335-5-03 | Appointment of faculty and staff; tenure.
Effective:
November 9, 2020
(A) The board of trustees shall appoint
the president and all employees of the university not in the classified civil
service, subject to the laws of the state of Ohio, and in the case of
tenure-track faculty, to the rights and protection of tenure as provided for in
this chapter. (B) Tenure is a commitment by the
university and may be earned by all individuals with tenure-track faculty
status subject to successful completion of a probationary period. Tenure-track
faculty status is defined in rule 3335-5-19 of the Administrative
Code. (C) The protections of tenure and
academic freedom extend to all levels of faculty responsibility within the
university in accordance with rule 3335-5-01 of the Administrative Code and are
not restricted to activities identified with specific instructional, research
or public service programs. (D) Tenure is lost only by formal
resignation, by voluntary reduction of appointment below fifty per cent of
service to the university except in the case of an approved leave of absence,
by retirement, by transfer to clinical/teaching/practice, research, or
associated faculty status, or may be terminated by reason of proved
incompetence or grave misconduct in accordance with rule 3335-5-04 of the
Administrative Code, for causes set forth in rule 3335-5-02 of the
Administrative Code, or under the conditions of bona fide financial exigency,
as specified in rule 3335-5-02.1 of the Administrative Code. (E) Tenured members of the faculty who
serve the university as administrators do not lose tenure by virtue of being
administrators.
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Rule 3335-5-04 | Procedures for complaints of misconduct made against faculty members.
(A) This rule shall apply to all formal
complaints of misconduct against faculty members as defined in paragraphs (A)
and (B) of rule 3335-5-19 of the Administration Code. Complaints may be filed
under this rule against any individual with a faculty appointment, including
administrators who hold such appointments. Complaints about the performance of administrators in their
administrative capacity must be brought pursuant to applicable rules or
policies for those administrative positions; all complaints against
administrators who hold faculty appointments relating to the violation of
applicable law, university policies or rules, or unit governance documents
(other than those related to the performance of the administrator's
duties) must be brought under this rule. (B) Complaints shall proceed under the
general procedures set forth in this rule and the specific procedures set forth
in the following four subsections based on the nature of the
allegations. (1) Complaints involving
allegations of failure to meet faculty obligations shall proceed under rule
3335-5-04.1 of the Administration Code. A faculty member may be disciplined
under this rule, and may be terminated if the conduct constitutes serious
failure to meet faculty obligations for violations established under paragraph
(A) of rule 3335-5-04.1 of the Administration Code. (2) Complaints involving
allegations of research misconduct shall proceed under rule 3335-5-04.2 of the
Administration Code. A faculty member may be disciplined up to and including
termination for violations established under this rule. (3) Complaints involving
allegations of sexual misconduct, workplace violence, whistleblower
retaliation, discrimination, harassment, and retaliation based on protected
status shall proceed under rule 3335-5-04.3 of the Administration Code. A
faculty member may be disciplined up to and including termination for
violations established under this rule. (4) Complaints involving
allegations of violations of applicable law, university policies or rules, or
unit governance documents shall proceed under rule 3335-5-04.4 of the
Administration Code, unless they fall under rule 3335-5-04.2 or 3335-5-04.3 of
the Administration Code. A faculty member may be disciplined under this rule,
and may be terminated if the conduct constitutes grave misconduct or
non-trivial financial fraud for violations established under paragraphs (A)(1)
and (A)(2) of rule 3335-5-04.4 of the Administration Code. (C) Conflicts: (1) No administrator may
act in their administrative capacity in the consideration of any complaint
naming them as respondent. If a complaint names a department chair, school
director, or a dean as respondent, the executive vice president and provost
(hereinafter "provost") shall appoint an equivalent rank
administrator from another department or college to perform the
responsibilities of the named official under this rule. If a complaint names
the provost as respondent, the president shall appoint an individual to perform
the responsibilities of the provost. If a complaint names the president as
respondent, the board of trustees shall appoint an individual to perform the
responsibilities of the president. (2) If any individual
with responsibilities under this rule has a conflict of interest with a
complainant or respondent, such that the individual stands to benefit
personally or incur personal harm depending on the outcome, or otherwise has a
relationship with the faculty member against whom the complaint is made
(hereafter "respondent") that creates a bias, or otherwise could not
fairly and impartially perform those responsibilities, the individual shall not
participate in this process, and a replacement shall be named in accordance
with paragraph (C)(1) of this rule. In the event that a member of an
investigation or sanctioning committee has such a conflict, that individual
shall be replaced in accordance with the applicable procedures for that
committee. (D) If the provost determines that a
faculty members presence on campus is detrimental to the safety and
well-being of the university community or university property, the provost may
reassign the faculty member off campus with pay pending completion of the
process set forth in this rule. (E) At each step of the process,
individuals with responsibilities under this rule may use informal dispute
resolution to resolve the complaint to their satisfaction as well as that of
the complainant and the respondent in accordance with applicable policy. The
appropriateness of an informal resolution in any case will depend on the
circumstances of each particular case. All such resolutions must be reported to
the office of academic affairs for review and approval before being finalized.
In addition, reports must be made to the office of oesearch (for proceedings
under faculty rule 3335-5-04.2 of the Administration Code), or the office of
institutional equity or office of human resources (for proceedings under
faculty rule 3335-5-04.3 of the Administration Code) as may be
applicable. (F) Complainants and respondents may
expressly or implicitly relinquish their rights to participate in any step of
this process, including but not limited to by failing to respond to reasonable
attempts to schedule required meetings, or by failing to appear for scheduled
sessions. If a complainant or respondent relinquishes their rights of
participation at any step, that relinquishment does not prevent that individual
from exercising any rights that may be applicable at any other step of the
process. To the extent not specified in this rule, complainants and respondents
shall be entitled to all rights required by state and federal law that are
applicable to these proceedings. (G) All records of proceedings under this
rule shall be maintained by the office of academic affairs. Such records shall
be afforded the same privacy and confidentiality afforded to comparable records
of other university employees, subject to public records laws and other
disclosures within and external to the university in accordance with applicable
law and the need to know such information to support university
operations. (H) The term "day" as used in
this rule means "calendar day." If the last day of a designated time
period falls on a weekend or a day on which the university is closed, the time
period shall expire at the close of business on the next succeeding business
day. (I) Complainants and respondents shall be
given written notice of decisions required by this rule. Any notice shall be
sent by certified mail and by email. The time period for any action to be taken
after delivery of the notice shall begin to run on the date on which the notice
is mailed. (J) At each step of the process set forth
in this rule, a respondent may be accompanied by one support person of their
choosing (including but not limited to personal legal counsel). Except as
otherwise provided in rules 3335-5-04.1 to 3335-5-04.4 of the Administration
Code, though, such individual shall only be entitled to appear with the
respondent and shall not be entitled to participate in or delay the process in
any way. (K) The timelines set forth in this rule
and in rules 3335-5-04.1 to 3335-5-04.4 of the Administration Code are
mandatory. However, the provost or designee may grant defined extensions of any
time period on an as-needed basis upon written request.
Last updated April 8, 2021 at 1:53 PM
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Rule 3335-5-04.1 | Procedures for complaints of failure to meet academic responsibilities.
Effective:
October 11, 2023
(A) This rule applies to complaints made
against faculty members involving their failure to meet academic
responsibilities as defined in paragraph (C) of rule 3335-5-01 of the
Administration Code. A faculty member may be disciplined for violations
established under this rule, and may be disciplined up to and including
termination for serious failure to meet faculty obligations. For the purposes
of this rule "serious failure to meet faculty obligations" is defined
as conduct that reflects gross indifference or consistent failure to
satisfactorily perform the faculty obligations set forth in paragraph (C) of
rule 3335-5-01 of the Administration Code. (B) Initial proceedings. (1) A complaint may be
filed by any student or university employee, including employees from
administrative offices who are filing complaints arising out of investigations
by those offices. Complaints may be filed with a chair, dean, associate dean,
provost, vice provost for academic policy and faculty resources (hereinafter
"vice provost"), or the president. All complaints must be referred to
the vice provost for initial review in accordance with this rule. (2) The complaint shall
be set forth in writing and shall state facts to support an allegation that a
faculty member has failed to meet their academic responsibilities. (a) The vice provost
shall review every complaint to determine whether the complaint presents an
actionable violation and that the complaint is not clearly retaliatory or
abusive in nature. If the vice provost is named as a respondent, the provost
shall identify a designee. If the vice provost determines that a complaint
either does not allege a violation that can be addressed under this rule or was
filed for clearly retaliatory or abusive purposes, the vice provost must
consult with the complainant within seven days of filing to clarify the nature
of the complaint. The vice provost may dismiss such a complaint within seven
days of consulting with the complainant if it cannot be addressed under this
rule or is clearly retaliatory or abusive in nature. This determiniation does
not prohibit referral of a complaint filed under this rule to another
applicable university process. (i) The complainant may appeal this dismissal in writing to
the provost within seven days of this decision. Upon receiving such an appeal,
the provost may either reinstate the complaint or dismiss it, and that decision
is final. The provost must issue a decision within fourteen days of receiving
such an appeal. (b) If the vice provost
determines that the complaint should proceed or if the complaint is reinstated
by the provost, the vice provost shall furnish a copy of the complaint to the
respondent and shall refer it to the respondent's department chair for a
probable cause review in accordance with paragraph (C) of this
rule. (i) If the faculty member's department chair is the
complainant or respondent, the complaint shall be referred to the faculty
member's dean for the initial probable cause review. (ii) For the purpose of this provision, the term
"department chair" includes school directors, deans of colleges
without departments, and regional campus deans and directors. (3) Only allegations stated in the complaint shall be
considered at the various stages of deliberation. However, additional facts
relevant to the allegations set forth in the complaint may be presented
throughout the process. (C) Probable cause review. (1) The department chair
shall review the allegations in the complaint and discuss the matter with the
complainant and the respondent to determine whether there is probable cause to
believe that the allegations are true. (2) If the department
chair determines that there is not probable cause to believe that the
allegations are true, the chair shall dismiss the complaint. If the complaint is dismissed, the complainant
may appeal the dismissal to the dean. The appeal must be in writing and filed
with the dean within twenty-one days after the notice of the chair's
decision was mailed. Upon receiving such an appeal, the dean may either
reinstate the complaint and refer it to the college investigation and
sanctioning committee or dismiss it, and such a dismissal is final. The dean
must issue a decision within thirty days after receiving such an appeal. (3) If the department
chair determines that there is probable cause to believe that the allegations
are true, the department chair shall refer the matter to the college
investigation and sanctioning committee unless the department chair completes
an informal resolution in accordance with paragraph (E) of rule 3335-5-04 of
the Administration Code. (4) The department chair
shall complete this process within fourteen days. (D) College investigation and sanctioning
committee. (1) Each college shall
appoint a college investigation and sanctioning committee, which shall fulfill
the responsibilities set forth in this section. The committee shall be all
tenured faculty or a majority of tenured faculty if including
clinical/teaching/practice faculty who are non-probationary associate
professors or professors. A college may include faculty members from other
colleges on its committee. (2) Upon receipt of a
referral of a complaint from the department chair, the committee shall meet
with the complainant and the respondent and shall review any documentary
evidence provided by these parties. The respondent shall be given copies of any
documentary evidence provided to the committee as part of the investigation and
be given an opportunity to respond to all such documentation. The committee
shall have the authority to gather information relevant to the complaint,
including by interviewing individuals other than the complainant and respondent
as the committee sees fit or as recommended by the complainant or respondent.
The committee shall strive to maintain confidentiality in the
proceedings. (3) At the conclusion of
the investigation, the committee shall prepare a preliminary report that
identifies the proposed findings of fact, a conclusion as to whether a
violation occurred under the clear and convincing evidence standard, and if so
whether the conduct rose to the level of serious failure to meet faculty
obligations as defined in paragraph (A) of rule 3335-5-04.1 of the
Administration Code. The committee shall provide that document to both the
complainant and respondent for review. Each party shall have seven days to
respond and to identify any alleged errors or omissions in the
findings. (4) Following review of
any comments by the parties, the committee shall thereafter make any
modifications to the report that it deems appropriate and issue a final report.
If the committee concludes that a violation occurred, the committee shall
include its proposed sanction in the final report. (5) In evaluating
sanctions, the committee shall consider the totality of the circumstances,
including aggravating and mitigating factors. (a) Aggravating factors may include, but are not limited
to: (i) The significance and
impact of the faculty member's failure to meet academic responsibilities
if serious failure is found; (ii) The strength of the
evidence presented; (iii) Whether the
respondent has previously been found to have engaged in
misconduct; (iv) Whether the
respondent's conduct caused injury or harm to another individual,
university property, or the university's reputation; and (v) Whether the respondent had received prior warnings
about engaging in the conduct at issue. (b) Mitigating factors may include, but are not limited
to: (i) The conduct at issue
did not cause injury or harm to another individual, university property, or the
university's reputation; and (ii) The respondent
accepted responsibility for the misconduct. (6) The committee shall
have the authority to recommend sanctions as it sees fit as long as the
sanctions are commensurate with the nature of the complaint and the
committee's analysis of any aggravating and mitigating factors. Sanctions
may be of a discrete or continuing nature, but sanctions of a continuing nature
must specify the period of time in which they are applicable. Sanctions may
include, but are not limited to the following, and may further include a
combination of sanctions: (a) Verbal reprimand; (b) Written reprimand; (c) Mandatory counseling or other
rehabilitation; (d) Restrictions on duties or privileges; (e) Restriction of access to university property or
services; (f) Reduction of salary base; (g) Reduction of twelve-month appointment to nine-month
appointment; (h) Reduction of full-time equivalent (FTE)
appointment; (i) Reduction of rank; (j) Revocation of tenure; (k) Termination of employment due to serious failure to
meet faculty obligations. (7) The committee shall
complete its investigation and submit its report to the respondent's dean
within forty-five days. (E) Decision by the dean. (1) After reviewing the
report and recommendation of the college investigation and sanctioning
committee, the dean may: (a) Dismiss the complaint if the committee did not find a
violation; (b) Impose the committee's proposed
sanction; (c) Impose what would reasonably be interpreted as an
equivalent or lesser sanction; or (d) Increase the sanction if the committee determined that
the respondent engaged in a serious failure to meet faculty
obligations. (2) The dean shall make a
decision in twenty-one days. The final report of the college investigation and
sanctioning committee and the dean's decision shall be sent to the
complainant and the respondent. (3) Appeals: (a) The dean's decision shall be final in all cases in
which the sanction imposed is a verbal reprimand, a written reprimand, or
mandatory counseling or training, but a respondent may place a response to this
sanction in their primary personnel file. (b) If the dean imposes any other sanction except for
revocation of tenure or termination of employment, the respondent shall have
the right to appeal in writing to the provost. (c) If the dean imposes a sanction that revokes tenure or
terminates employment, the matter shall be automatically appealed to the
provost. (d) In all appeals, whether discretionary or automatic, the
respondent may identify their position on the case in writing to the provost.
All such submissions and all discretionary appeals must be filed within
fourteen days after notice of the dean's decision was mailed.
(F) Review of appeals by the
provost. (1) After reviewing the
record of a case appealed by a respondent or referred by the dean, the provost
may: (a) Affirm the dean's sanction; (b) Impose what would reasonably be interpreted as an
equivalent or lesser sanction to the dean's sanction; (c) Increase the sanction; or (d) In the event that the provost determines that
substantial new evidence exists (evidence that was not available at the time of
the initial investigation and that may reasonably have affected the finding of
misconduct) or there was conflict of interest or procedural error in the
previous steps of the process that resulted in material harm or prejudice to
the respondent, the provost shall return the case back to a previous step of
the process for further proceedings as appropriate. (2) The provost shall
make a decision within fourteen days of receiving materials from the dean and
respondent as applicable. (3) If the provost
affirms the dean's decision to terminate employment, or imposes or upholds
a sanction set forth in paragraphs (D)(6)(vii) to (D)(6)(xi) of this rule, the
respondent may appeal to the faculty hearing committee. In all other cases, the
provost's decision shall be final. (4) An appeal by the
respondent must be in writing and must be filed with the faculty hearing
committee within fourteen days after notice of the provost's decision was
mailed. (G) The faculty hearing
committee. (1) Within fourteen days
of receipt of an appeal from a respondent, the faculty hearing committee
established by rule 3335-5-48.10 of the Administration Code shall convene a
hearing panel to consider the appeal and to provide a recommendation to the
president regarding the appropriate action. The respondent and the provost or
designee may each make one peremptory challenge to the seating of one person on
the hearing panel and one peremptory challenge to the selection of a presiding
officer. (2) The parties to this
hearing shall be the respondent and the provost, or designee. (3) The hearing panel may
restrict the attendance of persons at the proceedings. However, the respondent
and the provost shall have the right to have one observer of their choosing
present at all times. (4) The provost, or
designee, shall present the case to the hearing panel. In presenting the case,
the provost may be advised and represented by the general counsel, or designee.
The provost shall have the right to present witnesses and evidence and to
examine witnesses and evidence presented by the respondent. (5) Respondents shall
have the right to represent themselves or to be represented by legal counsel or
any other person of their choice. The respondent shall have the right to
examine the witnesses and evidence presented against them in the hearing, to
present witnesses and evidence on their own behalf, and to refuse to testify or
be questioned in the proceedings without prejudice to their cause. (6) The hearing panel
shall receive testimony and other evidence as it deems relevant and material to
the issues appealed, and may decline to receive evidence presented by the
provost or the respondent that is not material and relevant to the
appeal. (7) The hearing panel
will not be bound by the findings of the college investigation and sanctioning
committee or the provost. (8) An electronic
recording shall be kept of all proceedings at a hearing panel. The recording
shall be conveyed by the chair of the faculty hearing committee to the office
of academic affairs. (9) At the conclusion of
the proceedings, the hearing panel shall make written conclusions with respect
to each substantive issue raised, including but not limited to: (a) Appropriateness of the sanction, and, if found to be
inappropriate, the faculty hearing committee's recommended sanction in
accordance with the factors set forth in paragraph (D)(5) of this
rule. (b) Conflict of interest, procedural error, or substantial
new evidence. (c) Findings of the college investigation
committee. (10) The faculty hearing
committee's report, together with a recording of the proceedings, shall be
transmitted to the president, provost, and respondent within sixty days of the
date that the final hearing panel is convened. (H) The president. (1) Upon receipt of the
written recommendation and a record of the proceedings from a hearing panel,
the president shall review the matter. The president may: (a) Impose any sanction less than termination of employment
whether or not it accords with the recommendation of the hearing
panel; (b) Recommend to the board of trustees termination of
employment for cases of serious failure to meet faculty obligations on such
terms and conditions as the president may deem advisable; (c) Remand the case to the hearing panel for
reconsideration; or (d) In the event that the president determines that
substantial new evidence exists (evidence that was not available at the time of
the initial investigation and that may reasonably have affected the finding of
misconduct) or there was conflict of interest or procedural error in the
previous steps of the process that resulted in material harm or prejudice to
the respondent, the president shall return the case back to a previous step as
appropriate. (2) The president's
decision on all sanctions less than termination of employment is
final. (3) Any decision of the
president shall be communicated in writing to the hearing panel, the provost,
and the respondent. (4) The president shall
make a decision within thirty days. (I) Board of trustees. The board of trustees, in reviewing and deciding
upon a case in which termination of employment has been recommended, has the
ultimate authority to take that action necessary to promote the best interest
of the university and to protect the rights of the individual. In such cases,
the board shall have the discretion to decide whether the respondent has an
opportunity to present to it arguments in writing, or in person, or
both.
Last updated October 11, 2023 at 8:37 AM
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Rule 3335-5-04.2 | Procedures for complaints of research misconduct made against faculty members.
(A) This rule applies to complaints
involving research misconduct made against faculty members. A faculty member
may be disciplined up to and including termination for violations established
under this rule. Research misconduct is defined in rule 3335-13-08 of the
Administration Code and the research misconduct policy. (B) Preliminary assessment and
inquiry. (1) Complaints alleging
research misconduct must be filed with or referred to the office of
research. (2) The office of
research shall ensure that a preliminary assessment is performed in accordance
with the research misconduct policy to determine whether the complaint alleges
research misconduct as defined in the policy and is sufficiently credible and
specific so that research misconduct may be identified. (3) If the preliminary
assessment concludes that the allegations in the complaint meet the definition
of research misconduct and are sufficiently credible and specific so that
potential evidence of research misconduct may be identified, the office of
research shall proceed to an inquiry review in accordance with the research
misconduct policy to determine whether the allegations have sufficient
substance to warrant an investigation. (4) If the inquiry
concludes that the allegations have sufficient substance and that an
investigation is warranted in accordance with the research misconduct policy,
an investigation shall be initiated as set forth in paragraph (C) of this rule.
All other procedural steps, including but not limited to appeals, shall be
performed in accordance with the research misconduct policy. (5) In both the
preliminary assessment and inquiry steps, complainants and respondents shall be
afforded procedural rights, including but not limited to the rights to review
documentary evidence, submit evidence, be accompanied by an advisor, review and
file a written response to reports, and make appeals, as specifically defined
in the research misconduct policy. (C) Investigation and
sanctioning. (1) If a complaint is
referred for investigation, the office of research shall convene an
investigation and sanctioning committee consisting of a minimum of three voting
members from the research integrity standing committee in accordance with the
research misconduct policy. (2) The committee shall
examine all the documentation and conduct formal interviews, when possible, of
the respondent, the complainant, and others who may have information relevant
to the complaint, but shall strive to maintain the confidentiality of the
proceedings. (3) The respondent shall
be given copies of any documentary evidence provided to the committee as part
of the investigation and be given an opportunity to respond to all such
documentation. (4) At the conclusion of
the investigation, the committee shall prepare a preliminary report in
accordance with this rule and the research misconduct policy. Findings and
conclusions shall be based on the preponderance of the evidence standard. The
respondent shall have fourteen days to respond and to identify any alleged
errors or omissions in the preliminary report. (5) In evaluating
sanctions, the committee shall consider the totality of the circumstances,
including aggravating and mitigating factors. (a) Aggravating factors may include, but are not limited
to: (i) The degree to which
the respondent's conduct was flagrant, egregious, or willful; (ii) The significance and
impact of the faculty member's failure to meet academic responsibilities
if relevant; (iii) The strength of the
evidence presented; (iv) Whether the
respondent has previously been found to have engaged in
misconduct; (v) Whether the
respondent's conduct caused injury or harm to another individual,
university property, or the university's reputation; and (vi) Whether the
respondent had received prior warnings about engaging in the conduct at
issue. (b) Mitigating factors may include, but are not limited
to: (i) The conduct at issue
did not cause injury or harm to another individual, university property, or the
universitys reputation; and (ii) The respondent
accepted responsibility for the misconduct. (6) The committee shall
have the authority to recommend sanctions as it sees fit as long as the
sanctions are commensurate with the nature of the complaint and the
committee's analysis of any aggravating and mitigating factors. Sanctions
may be of a discrete or continuing nature, but sanctions of a continuing nature
must specify the period of time in which they are applicable. Sanctions may
include, but are not limited to the following, and may include a combination of
sanctions: (a) Verbal reprimand; (b) Written reprimand; (c) Mandatory counseling or other
rehabilitation; (d) Reimbursement for damages to or destruction of
university property, or for misuse or misappropriation of university property,
services or funds; (e) Restrictions on duties or privileges; (f) Restriction of access to university property or
services; (g) Reduction of salary base; (h) Reduction of twelve-month appointment to nine-month
appointment; (i) Reduction of full-time equivalent (FTE)
appointment; (j) Reduction of rank; (k) Revocation of tenure; (l) Termination of employment. (7) After receipt of any
comments from the respondent, the committee shall complete its investigation
and submit its final report to the deciding official set forth in the research
misconduct policy in accordance with that policy. If the committee concludes
that research misconduct occurred, the respondent shall have the right to
submit an appeal of that decision to the deciding official in accordance with
the research misconduct policy. If a finding of research misconduct is confirmed following review
of the report and any appeals by the deciding official, the case shall be
referred to the respondent's dean for further proceedings under paragraph
(D) of this rule. If no finding of research misconduct is made following such
review, the case shall be dismissed. (D) Decision by the dean. (1) After reviewing the
report and recommendation of the investigation and sanctioning committee, the
dean may: (a) Uphold the committee's proposed
sanction; (b) Impose what would reasonably be interpreted as an
equivalent or lesser sanction; or (c) Increase the sanction. (2) The dean shall make a
decision in twenty-one days. The final report of the investigation and
sanctioning committee and the dean's decision shall be sent to the
complainant, if any identified, and the respondent. (3) Appeals: (a) The dean's decision shall be final in all cases in
which the sanction imposed is a verbal reprimand, a written reprimand, or
mandatory counseling or training. (b) If the dean imposes any other sanction except for
revocation of tenure or termination of employment, the respondent shall have
the right to appeal in writing to the provost for review. (c) If the dean imposes a sanction that revokes tenure or
terminates employment, the matter shall be automatically appealed to the
provost. (d) In all appeals, whether discretionary or automatic, the
respondent may identify their position on the case in writing to the provost.
All such submissions and all discretionary appeals must be filed within
fourteen days after notice of the dean's decision was mailed. (E) Review of appeals by the
provost. (1) After reviewing the
record of a case appealed by a respondent or referred by the dean, the provost
may: (a) Affirm the dean's sanction; (b) Impose what would reasonably be interpreted as an
equivalent or lesser sanction to the dean's sanction; (c) Increase the sanction; or (d) In the event that the provost determines that
substantial new evidence exists (evidence that was not available at the time of
the initial investigation and that may reasonably have affected the finding of
misconduct) or there was conflict of interest or procedural error in the
previous steps of the process that resulted in material harm or prejudice to
the respondent, the provost shall return the case back to a previous step of
the process for further proceedings as appropriate. (2) The provost shall
make a decision within fourteen days of receiving materials from the dean and
respondent as applicable. (3) If the provost
affirms the dean's decision to terminate employment, or imposes or upholds
a sanction set forth in paragraphs (C)(6)(vii) to (C)(6)(xii) of this rule, the
respondent may appeal to the faculty hearing committee. In all other cases, the
provosts decision shall be final. (4) An appeal by the
respondent must be in writing and must be filed with the faculty hearing
committee within fourteen days after notice of the provost's decision was
mailed. Appeals to the faculty hearing committee shall be limited to one or
more of the following grounds: (a) The sanction is disproportionate to the violations
committed in view of the aggravating and mitigating factors; (b) Substantial new evidence has been discovered (evidence
that was not available at the time of the initial investigation and that may
reasonably have affected the finding of misconduct); or (c) There was conflict of interest or procedural error in
the previous steps of the process that resulted in material harm or prejudice
to the respondent. (F) The faculty hearing
committee. (1) Within fourteen days
of receipt of an appeal from a respondent the faculty hearing committee
established by rule 3335-5-48.10 of the Administration Code shall convene a
hearing panel to consider the complaint and to provide a recommendation to the
president regarding the appropriate action to be imposed. The respondent and
the provost or designee may each make one peremptory challenge to the seating
of one person on the hearing panel and one peremptory challenge to the
selection of a presiding officer. (2) The parties to this
hearing shall be the respondent and the provost, or designee. (3) The hearing panel may
restrict the attendance of persons at the proceedings. However, the respondent
and the provost shall have the right to have one observer of their choosing
present at all times. (4) The provost, or
designee, shall present the case to the hearing panel. In presenting the case,
the provost may be advised and represented by the general counsel, or designee.
The provost shall have the right to present witnesses and evidence and to
examine witnesses and evidence presented by the respondent. (5) Respondents shall
have the right to represent themselves or to be represented by legal counsel or
any other person of their choice. The respondent shall have the right to
examine the witnesses and evidence presented against them in the hearing, to
present witnesses and evidence on their own behalf, and to refuse to testify or
be questioned in the proceedings without prejudice to their cause. (6) The hearing panel
shall receive testimony and other evidence as it deems relevant and material to
the issues appealed, and may decline to receive evidence presented by the
provost or the respondent that is not material and relevant to the
appeal. (7) An electronic
recording shall be kept of all proceedings at a hearing panel. The recording
shall be conveyed by the chair of the faculty hearing committee to the office
of academic affairs. (8) At the conclusion of
the proceedings, the hearing panel shall make separate written conclusions with
respect to each substantive issue raised at the hearing. (a) If the respondent challenges the appropriateness of the
sanction, the faculty hearing committee shall set forth what their recommended
sanction is in accordance with the factors set forth in paragraph (C)(5) of
this rule. (b) If the respondent alleges conflict of interest,
procedural error, or substantial new evidence, the faculty hearing committee
shall set forth what their conclusions are and whether they believe that
further proceedings are appropriate. (9) The faculty hearing
committee's report, together with a recording of the proceedings, shall be
transmitted to the president, provost, and respondent within sixty days of the
date that the final hearing panel is convened. (G) The president. (1) Upon receipt of the
written recommendation and a record of the proceedings from a hearing panel,
the president shall review the matter. The president may: (a) Impose any sanction less than termination of employment
whether or not it accords with the recommendation of the hearing panel;
(b) Recommend to the board of trustees termination of
employment on such terms and conditions as the president may deem
advisable; (c) Remand the case to the hearing panel for
reconsideration; or (d) In the event that the president determines that
substantial new evidence exists (evidence that was not available at the time of
the initial investigation and that may reasonably have affected the finding of
misconduct) or there was conflict of interest or procedural error in the
previous steps of the process that resulted in material harm or prejudice to
the respondent, the president shall return the case back to a previous step of
the process for further proceedings as appropriate. (2) The presidents
decision on all sanctions less than termination of employment is
final. (3) Any decision of the
president shall be communicated in writing to the hearing panel, the provost,
and the respondent. (4) The president shall
make a decision within thirty days. (H) Board of trustees. (1) The board of
trustees, in reviewing and deciding upon a case in which termination of
employment has been recommended, has the ultimate authority to take that action
necessary to promote the best interest of the university and to protect the
rights of the individual. In such cases, the board shall have the discretion to
decide whether the respondent has an opportunity to present to it arguments in
writing, or in person, or both.
Last updated April 8, 2021 at 1:54 PM
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Rule 3335-5-04.3 | Procedures for complaints of sexual misconduct, workplace violence, whistleblower retaliation, and protected class discrimination, harassment, and retaliation made against faculty members.
(A) This rule applies to complaints made
against faculty members involving sexual misconduct, workplace violence,
whistleblower retaliation, and protected class discrimination, harassment, and
retaliation as defined in applicable university policies. A faculty member may
be disciplined up to and including termination for violations established under
this rule. (B) Initial proceedings. (1) Complaints of sexual
misconduct and protected class discrimination, harassment, and retaliation must
be filed with or referred to the office of institutional equity, and complaints
of workplace violence and whistleblower retaliation separate from protected
class or sexual misconduct must be filed with or referred to the office of
human resources. (2) The applicable office
shall perform a preliminary assessment to determine whether the complaint
warrants further investigation, whether an informal resolution would be
appropriate, whether the matter should be referred to a different university
office or process, or whether the matter should be closed and not proceed
further in the process. (3) If the applicable
office determines that further investigation is warranted and that an informal
resolution is not appropriate at that stage in the process, it shall notify the
complainant and respondent of its decision to pursue an investigation and shall
assign an investigator to investigate the complaint. (C) Investigation
determinations. (1) Complaints of sexual
misconduct pursuant to Title IX of the Education Amendments Act of 1972 and
implementing regulations shall be investigated pursuant to the procedures set
forth in the university sexual misconduct policy. All findings of misconduct
shall be referred to the university sanctioning committee for a recommendation
for sanctions only in accordance with this rule. (2) For all other
complaints subject to this rule: (a) The investigator shall perform the investigation in
accordance with applicable university policy and shall meet with both the
complainant and respondent and review any documentary evidence provided by
these parties. The investigator shall have the authority to gather information
relevant to the complaint, including through interviewing individuals other
than the complainant and respondent as the investigator sees fit or as
recommended by the complainant and respondent, but shall otherwise strive to
maintain confidentiality in the proceedings. (b) The parties shall receive all of the rights set forth
in the applicable policy, and shall further have the right to receive the
policies, standards, and procedures applicable to the
investigation. (c) The parties shall be given the ability to review copies
of any documentary evidence that is provided to the investigator as part of the
investigation and is relevant to the substance of the complaint. Parties shall
have the ability to respond to all such documents during the investigation, and
the ability to suggest witnesses who may be contacted as part of the
investigation within the investigators discretion. (d) When fact gathering is complete, the investigator shall
prepare a written investigative summary (preliminary report) that identifies
the relevant and material facts in the case. The investigator shall provide
that document to both the complainant and respondent for review. Each party
shall have fourteen days to respond and to identify any alleged errors or
omissions in the investigative summary. (e) Following review of any comments by the parties, the
investigator shall thereafter make any modifications to the report that the
investigator deems appropriate and issue a final report that will include the
summary of the facts gathered, analysis of the allegations, and findings as to
whether the applicable policy was violated under the preponderance of the
evidence standard. If a violation is found, this report shall be provided to
the university sanctioning committee to determine the appropriate sanction. If
no violation is found, the complaint shall be dismissed. (D) The university sanctioning
committee. (1) The university
sanctioning committee is responsible for determining what sanction to recommend
for a policy violation. (a) The university sanctioning committee shall consist of
fifteen tenured members of the faculty selected by the executive committee of
faculty council from at least eight different colleges and regional campuses.
Each member of the university sanctioning committee must receive required
training before serving on the panel. Each selected person shall serve a
three-year term followed by a one-year term as an alternate member. A chair
shall be elected from the membership in the spring for a one-year term,
starting during the subsequent summer session. (b) The chair shall select three members of the committee
to sit on each sanctioning panel. Panelists may not be drawn from the
complainant's or respondent's tenure initiating unit, as may be
applicable. Alternates may be assigned to university sanctioning panels at the
chair's discretion. (2) Upon receipt of the
investigation report, the committee shall meet with the investigator to discuss
the investigation and findings, and may request clarification on any aspect of
the investigation process. The committee shall also offer both the complainant
and the respondent the opportunity to meet with the committee to present their
views as to an appropriate sanction. (3) In evaluating
sanctions, the investigation and sanctioning committee shall consider the
totality of the circumstances, including aggravating and mitigating
factors. (a) Aggravating factors may include, but are not limited
to: (i) The degree to which
the respondent's conduct was flagrant, egregious, or willful; (ii) The strength of the
evidence presented; (iii) Whether the
respondent has previously been found to have engaged in misconduct;
(iv) Whether the
respondent's conduct caused injury or harm to another individual,
university property, or the university's reputation; and (v) Whether the
respondent had received prior warnings about engaging in the conduct at
issue. (b) Mitigating factors may include, but are not limited
to: (i) The conduct at issue
did not cause injury or harm to another individual, university property, or the
university's reputation; and (ii) The respondent
accepted responsibility for the misconduct. (4) The committee shall
have the authority to recommend sanctions as it sees fit as long as the
sanctions are commensurate with the nature of the complaint and the
committee's analysis of any aggravating and mitigating factors. Sanctions
may be of a discrete or continuing nature, but sanctions of a continuing nature
must specify the period of time in which they are applicable. Sanctions may
include, but are not limited to the following, and may further include a
combination of sanctions: (a) Verbal reprimand; (b) Written reprimand; (c) Mandatory counseling or other
rehabilitation; (d) Reimbursement for damages to or destruction of
university property, or for misuse or misappropriation of university property,
services or funds; (e) Restrictions on duties or privileges; (f) Restriction of access to university property or
services; (g) Reduction of salary base; (h) Reduction of twelve-month appointment to nine-month
appointment; (i) Reduction of full-time equivalent (FTE)
appointment; (j) Reduction of rank; (k) Revocation of tenure; (l) Termination of employment. (5) For sexual misconduct
complaints under Title IX, the committee shall reach its sanction decision
within thirty days. This sanction decision shall be incorporated into the
findings in accordance with the university sexual misconduct policy, and a
written determination containing the combined findings and recommended sanction
shall be issued. The complainant and respondent shall have equal rights to
appeal the written determination to the provost for review in accordance with
paragraph (F) of this rule and shall not be reviewed by the respondents
dean under paragraph (E) of this rule. All appeals must be in writing and be
filed within fourteen days after the written determination is issued. The
appeal shall be on the grounds for appeal permitted by the sexual misconduct
policy and in accordance with the procedures provided by that
policy. (6) For all other
complaints under this rule, the committee shall complete its review and submit
its report to the respondents dean within thirty days. (E) Decision by the dean. (1) For all complaints
under this rule except sexual misconduct complaints under Title IX, the dean
may, after reviewing the report and recommendation of the university
sanctioning committee: (a) Uphold the committee's proposed
sanction; (b) Impose what would reasonably be interpreted as an
equivalent or lesser sanction; or (c) Increase the sanction. (2) The dean shall make a
decision in twenty-one days. The final report of the university sanctioning
committee and the dean's decision will be sent to the complainant and the
respondent. (3) Appeals: (a) The dean's decision shall be final in all cases in
which the sanction imposed is a verbal reprimand, a written reprimand, or
mandatory counseling or training. (b) If the dean imposes any other sanction except for
revocation of tenure or termination of employment, the respondent shall have
the right to appeal in writing to the provost for review. (c) If the dean imposes a sanction that revokes tenure or
terminates employment, the matter shall be automatically appealed to the
provost. (d) In all appeals, whether discretionary or automatic, the
respondent may identify their position on the case in writing to the provost.
All such submissions and all discretionary appeals must be filed within
fourteen days after notice of the dean's decision was mailed. (F) Review of appeals by the
provost. (1) After reviewing the
record of a case upon appeal or upon referral by the dean, the provost
may: (a) Affirm the dean's sanction or the sanction imposed
by the university sanctioning committee for sexual misconduct complaints under
Title IX; (b) Impose what would reasonably be interpreted as an
equivalent or lesser sanction to the sanction; (c) Increase the sanction; or (d) In the event that the provost determines that
substantial new evidence exists (evidence that was not available at the time of
the initial investigation and that may reasonably have affected the finding of
misconduct) or there was conflict of interest or procedural error in the
previous steps of the process that resulted in material harm or prejudice to
the respondent, the provost shall return the case back to a previous step of
the process for further proceedings as appropriate. (2) The provost shall
make a decision within fourteen days of receiving materials from the dean,
respondent or complainant as applicable. Complainant and respondent shall each
have the right to respond to a filing by the other party. (3) For complaints of
sexual misconduct under Title IX, the provost's decision shall be final.
(4) For all other
complaint subject to this rule: a. If the provost affirms the dean's
decision to terminate employment, or imposes or upholds a sanction set forth in
paragraphs (D)(4)(vii) to (D)(4)(xii) of this rule, the respondent may appeal
to the faculty hearing committee. In all other cases, the provost's
decision shall be final. (5) An appeal by the
respondent must be in writing and must be filed with the faculty hearing
committee within fourteen days after notice of the provost's decision was
mailed. Appeals to the faculty hearing committee shall be limited to one or
more of the following grounds: (a) The sanction is disproportionate to the violations
committed in view of the aggravating and mitigating factors; (b) Substantial new evidence has been discovered (evidence
that was not available at the time of the initial investigation and that may
reasonably have affected the finding of misconduct); or (c) There was conflict of interest or procedural error in
the previous steps of the process that resulted in material harm or prejudice
to the respondent. (G) The faculty hearing
committee. (1) Within fourteen days
of receipt of an appeal from a respondent the faculty hearing committee
established by rule 3335-5-48.10 of the Administration Code shall convene a
hearing panel to consider the complaint and to provide a recommendation to the
president regarding the appropriate action to be imposed. The respondent and
the provost or designee may each make one peremptory challenge to the seating
of one person on the hearing panel and one peremptory challenge to the
selection of a presiding officer. (2) The parties to this
hearing shall be the respondent and the provost, or designee. (3) The hearing panel may
restrict the attendance of persons at the proceedings. However, the respondent
and the provost shall have the right to have one observer of their choosing
present at all times. (4) The provost, or
designee, shall present the case to the hearing panel. In presenting the case,
the provost may be advised and represented by the general counsel, or designee.
The provost shall have the right to present witnesses and evidence and to
examine witnesses and evidence presented by the respondent. (5) Respondents shall
have the right to represent themselves or to be represented by legal counsel or
any other person of their choice. The respondent shall have the right to
examine the witnesses and evidence presented against them in the hearing, to
present witnesses and evidence on their own behalf, and to refuse to testify or
be questioned in the proceedings without prejudice to their cause. (6) The hearing panel
shall receive testimony and other evidence as it deems relevant and material to
the issues appealed, and may decline to receive evidence presented by the
provost or the respondent that is not material and relevant to the appeal.
However, in all proceedings, the hearing panel shall afford complainants equal
rights to participate in any proceeding and the ability to present a response
to the respondent's claims as applicable. (7) An electronic
recording shall be kept of all proceedings at a hearing panel. The recording
shall be conveyed by the chair of the faculty hearing committee to the office
of academic affairs. (8) At the conclusion of
the proceedings, the hearing panel shall make separate written conclusions with
respect to each substantive issue raised at the hearing. (a) If the respondent challenges the appropriateness of the
sanction, the faculty hearing committee shall set forth what their recommended
sanction is in accordance with the factors set forth in paragraph (D)(3) of
this rule. (b) If the respondent alleges conflict of interest,
procedural error, or substantial new evidence, the faculty hearing committee
shall set forth what their conclusions are and whether they believe that
further proceedings are appropriate. (9) The faculty hearing
committee's report, together with a recording of the proceedings, shall be
transmitted to the president, provost, and respondent within sixty days of the
date that the final hearing panel is convened. (H) The president. (1) Upon receipt of the
written recommendation and a record of the proceedings from a hearing panel,
the president shall review the matter. The president may: (a) Impose any sanction less than termination of employment
whether or not it accords with the recommendation of the hearing
panel; (b) Recommend to the board of trustees termination of
employment on such terms and conditions as the president may deem
advisable; (c) Remand the case to the hearing panel for
reconsideration; or (d) In the event that the president determines that
substantial new evidence exists (evidence that was not available at the time of
the initial investigation and that may reasonably have affected the finding of
misconduct) or there was conflict of interest or procedural error in the
previous steps of the process that resulted in material harm or prejudice to
the respondent, the president shall return the case back to a previous step of
the process for further proceedings as appropriate. (2) The president's
decision on all sanctions less than termination of employment is
final. (3) Any decision of the
president shall be communicated in writing to the hearing panel, the provost,
and the respondent. (4) The president shall
make a decision within thirty days. (I) Board of trustees. The board of trustees, in reviewing and deciding upon a case in
which termination of employment has been recommended, has the ultimate
authority to take that action necessary to promote the best interest of the
university and to protect the rights of the individual. In such cases, the
board shall have the discretion to decide whether the respondent has an
opportunity to present to it arguments in writing, or in person, or both.
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Rule 3335-5-04.4 | Procedures for complaints of misconduct and other violations of applicable law, university policies or rules, or governance documents made against faculty members.
(A) This rule applies to complaints made
against faculty members involving misconduct and other violations of applicable
law, university policies or rules, or unit governance documents that do not
otherwise fall under rule 3335-5-04.1, 3335-5-04.2, or 3335-5-04.3 of the
Administration Code faculty member may be disciplined for violations
established under this rule, up to and including termination for violations
constituting grave misconduct or non-trivial financial fraud. For the purposes
of this rule: (1) "Grave
misconduct" is defined as flagrant, egregious, and willful misbehavior in
violation of the law or established university rules or policies. (2) "Nontrivial
financial fraud" is defined as a deliberate act or deliberate failure to
act that is contrary to law, rule, or policy so as to obtain unauthorized
financial benefit from the university for oneself, one's family, or
one's business associates. Nontrivial financial fraud includes, but is not
limited to, misappropriation of university funds or property, authorizing or
receiving compensation or reimbursement for goods not received or services not
performed or hours not worked, or unauthorized alteration of financial records.
(B) Initial proceedings. (1) A complaint may be
filed by any student or university employee, including employees from
administrative offices who are filing complaints arising out of investigations
by those offices. Complaints may be filed with a chair, dean, associate dean,
provost, vice provost for academic policy and faculty resources (hereinafter
"vice provost"), or the president. All complaints must be referred to
the vice provost for initial review in accordance with this rule. (2) The complaint shall
be set forth in writing and shall state facts to support an allegation that a
faculty member has engaged in misconduct or has otherwise violated applicable
law, university policies or rules, or unit governance documents. (a) The vice provost shall review every complaint to
determine whether the complaint presents an actionable violation and that the
complaint is not clearly retaliatory or abusive in nature. If the vice provost
is named as a respondent, the provost shall identify a designee. If the vice
provost determines that a complaint either does not allege a violation that can
be addressed under this rule or was filed for clearly retaliatory or abusive
purposes, the vice provost must consult with the complainant within seven days
of filing to clarify the nature of the complaint. The vice provost may dismiss
such a complaint within seven days of consulting with the complainant if it
cannot be addressed under this rule or is clearly retaliatory or abusive in
nature. This determination does not prohibit referral of a complaint filed
under this rule to another applicable university process. The complainant may appeal this dismissal in writing to the
provost within seven days of this decision. Upon receiving such an appeal, the
provost may either reinstate the complaint or dismiss it, and that decision is
final. The provost must issue a decision within fourteen days of receiving such
an appeal. (b) If the vice provost determines that the complaint
should proceed or if the complaint is reinstated by the provost, the vice
provost shall furnish a copy of the complaint to the respondent and shall refer
it to the respondent's department chair for a probable cause review in
accordance with section (C) of this rule. (i) If the faculty
member's department chair is the complainant or respondent, the complaint
shall be referred to the faculty member's dean for the initial probable
cause review. (ii) For the purposes of
this provision, the term "department chair" includes school
directors, deans of colleges without departments, and regional campus deans and
directors. (3) Only allegations
stated in the complaint shall be considered at the various stages of
deliberation. However, additional facts relevant to the allegations set forth
in the complaint may be presented throughout the process. (C) Probable cause review. (1) The department chair
shall review the allegations in the complaint and discuss the matter with the
complainant and the respondent to determine whether there is probable cause to
believe that the allegations are true. (2) If the department
chair determines that there is not probable cause to believe that the
allegations are true, the chair shall dismiss the complaint. If the complaint is dismissed, the complainant may appeal the
dismissal to the dean. The appeal must be in writing and filed with the dean
within twenty-one days after the notice of the chair's decision was
mailed. Upon receiving such an appeal, the dean may either reinstate the
complaint and refer it to the college investigation and sanctioning committee
or dismiss it, and such a dismissal is final. The dean must issue a decision
within thirty days after receiving such an appeal. (3) If the department
chair determines that there is probable cause to believe that the allegations
are true, the department chair shall refer the matter to the college
investigation and sanctioning committee unless the department chair completes
an informal resolution in accordance with paragraph (E) of rule 3335-5-04 of
the Administration Code. (4) The department chair
shall complete this process within fourteen days. (D) College investigation and sanctioning
committee. (1) Each college shall
appoint a college investigation and sanctioning committee, which shall fulfill
the responsibilities set forth in this section. The committee shall be all
tenured faculty or a majority of tenured faculty if including
clinical/teaching/practice faculty who are non-probationary associate
professors or professors. A college may include faculty members from other
colleges on its committee. (2) Upon receipt of a
referral of a complaint from the department chair, the committee shall meet
with the complainant and the respondent and shall review any documentary
evidence provided by these parties. The respondent shall be given copies of any
documentary evidence provided to the committee as part of the investigation and
be given an opportunity to respond to all such documentation. The committee
shall have the authority to gather information relevant to the complaint,
including through seeking to interview individuals other than the complainant
and respondent as the committee sees fit or as recommended by the complainant
and respondent. The committee shall strive to maintain confidentiality in the
proceedings. (3) At the conclusion of
the investigation, the committee shall prepare a preliminary report that
identifies the proposed findings of fact, a conclusion as to whether a
violation occurred under the preponderance of the evidence standard, and if so
whether the conduct rose to the level of grave misconduct or non-trivial
financial fraud as defined in paragraphs (A)(1)(i) to (A)(1)(iii) of rule
3335-5-04.1 of the Administration Code. The committee shall provide that
document to both the complainant and respondent for review. Each party shall
have seven days to respond and to identify any alleged errors or omissions in
the findings. (4) Following review of
any comments by the parties, the committee shall thereafter make any
modifications to the report that it deems appropriate and issue a final report.
If the committee concludes that a violation occurred, the committee shall
include its proposed sanction in the final report. (5) In evaluating
sanctions, the committee shall consider the totality of the circumstances,
including aggravating and mitigating factors. (a) Aggravating factors may include, but are not limited
to: (i) The degree to which
the respondent's conduct was flagrant, egregious, or willful if grave
misconduct is found; (ii) The significance and
impact of the faculty member's failure to meet academic responsibilities
if serious failure to meet faculty obligations is found; (iii) The degree and
impact of the fraud if non-trivial financial fraud is found; (iv) The strength of the
evidence presented; (v) Whether the
respondent has previously been found to have engaged in
misconduct; (vi) Whether the
respondent's conduct caused injury or harm to another individual,
university property, or the university's reputation; and (vii) Whether the
respondent had received prior warnings about engaging in the conduct at
issue. (b) Mitigating factors may include, but are not limited
to: (i) The conduct at issue
did not cause injury or harm to another individual, university property, or the
university's reputation; and (ii) The respondent
accepted responsibility for the misconduct. (6) The committee shall
have the authority to recommend sanctions as it sees fit as long as the
sanctions are commensurate with the nature of the complaint and the
committee's analysis of any aggravating and mitigating factors. Sanctions
may be of a discrete or continuing nature, but sanctions of a continuing nature
must specify the period of time in which they are applicable. Sanctions may
include, but are not limited to the following, and may further include a
combination of sanctions: (a) Verbal reprimand; (b) Written reprimand; (c) Mandatory counseling or other
rehabilitation; (d) Reimbursement for damages to or destruction of
university property, or for misuse or misappropriation of university property,
services or funds; (e) Restrictions on duties or privileges; (f) Restriction of access to university property or
services; (g) Reduction of salary base; (h) Reduction of twelve-month appointment to nine-month
appointment; (i) Reduction of full-time equivalent (FTE) appointment;
(j) Reduction of rank; (k) Revocation of tenure; (l) Termination of employment in cases of grave misconduct
or non-trivial financial fraud, (7) The committee shall
complete its investigation and submit its report to the respondent's dean
within forty-five days. (E) Decision by the dean. (1) After reviewing the
report and recommendation of the college investigation and sanctioning
committee, the dean may: (a) Dismiss the complaint if the committee did not find a
violation; (b) Impose the committee's proposed
sanction; (c) Impose what would reasonably be interpreted as an
equivalent or lesser sanction; or (d) Increase the sanction if the committee determined that
the respondent engaged in grave misconduct or non-trivial financial fraud.
(2) The dean shall make a
decision in twenty-one days. The final report of the college investigation and
sanctioning committee and the dean's decision shall be sent to the
complainant and the respondent. (3) Appeals: (a) The dean's decision shall be final in all cases in
which the sanction imposed is a verbal reprimand, a written reprimand, or
mandatory counseling or training. A respondent may, place a response to this
sanction in their primary personnel file. (b) If the dean imposes any other sanction except for
revocation of tenure or termination of employment, the respondent shall have
the right to appeal in writing to the provost. (c) If the dean imposes a sanction that revokes tenure or
terminates employment, or if the case involves a finding by the committee of
grave misconduct or non-trivial financial fraud, regardless of the sanction,
the matter shall be automatically appealed to the provost. (d) In all appeals, whether discretionary or automatic, the
respondent may identify their position on the case in writing to the provost.
All such submissions and all discretionary appeals must be filed within
fourteen days after notice of the dean's decision was mailed. (F) Review of appeals by the
provost. (1) After reviewing the
record of a case appealed by a respondent or referred by the dean, the provost
may: (a) Affirm the dean's sanction; (b) Impose what would reasonably be interpreted as an
equivalent or lesser sanction to the dean's sanction; (c) In the case of grave misconduct or non-trivial
financial fraud increase the sanction; or (d) In the event that the provost determines that
substantial new evidence exists (evidence that was not available at the time of
the initial investigation and that may reasonably have affected the finding of
misconduct) or there was conflict of interest or procedural error in the
previous steps of the process that resulted in material harm or prejudice to
the respondent, the provost shall return the case back to a previous step of
the process for further proceedings as appropriate. (2) The provost shall
make a decision within fourteen days of receiving materials from the dean and
respondent as applicable. (3) If the provost
affirms the dean's decision to terminate employment, or imposes or upholds
a sanction set forth in paragraphs (D)(6)(vii) to (D)(6)(xii) of this rule, the
respondent may appeal to the faculty hearing committee. In all other cases, the
provost's decision shall be final. (4) An appeal by the
respondent must be in writing and must be filed with the faculty hearing
committee within fourteen days after notice of the provost's decision was
mailed. (G) The faculty hearing
committee. (1) Within fourteen days
of receipt of an appeal from a respondent, the faculty hearing committee
established by rule 3335-5-48.10 of the Administration Code shall convene a
hearing panel to consider the appeal and to provide a recommendation to the
president regarding the appropriate action. The respondent and the provost or
designee may each make one peremptory challenge to the seating of one person on
the hearing panel and one peremptory challenge to the selection of a presiding
officer. (2) The parties to this
hearing shall be the respondent and the provost, or designee. (3) The hearing panel may
restrict the attendance of persons at the proceedings. However, the respondent
and the provost shall have the right to have one observer of their choosing
present at all times. (4) The provost, or
designee, shall present the case to the hearing panel. In presenting the case,
the provost may be advised and represented by the general counsel, or designee.
The provost shall have the right to present witnesses and evidence and to
examine witnesses and evidence presented by the respondent. (5) Respondents shall
have the right to represent themselves or to be represented by legal counsel or
any other person of their choice. The respondent shall have the right to
examine the witnesses and evidence presented against them in the hearing, to
present witnesses and evidence on their own behalf, and to refuse to testify or
be questioned in the proceedings without prejudice to their cause. (6) The hearing panel
shall receive testimony and other evidence as it deems relevant and material to
the issues appealed, and may decline to receive evidence presented by the
provost or the respondent that is not material and relevant to the
appeal. (7) The hearing panel
will not be bound by the findings of the college investigation and sanctioning
committee or the provost. (8) An electronic
recording shall be kept of all proceedings at a hearing panel. The recording
shall be conveyed by the chair of the faculty hearing committee to the office
of academic affairs. (9) At the conclusion of
the proceedings, the hearing panel shall make written conclusions with respect
to each substantive issue raised, including but not limited to: (a) appropriateness of the sanction, and, if found to be
inappropriate, the faculty hearing committee's recommended sanction in
accordance with the factors set forth in paragraph (D)(5) of this
rule. (b) conflict of interest, procedural error, or substantial
new evidence. (c) findings of the college investigation
committee. (10) The faculty hearing
committee's report, together with a recording of the proceedings, shall be
transmitted to the president, provost, and respondent within sixty days of the
date that the final hearing panel is convened. (H) The president. (1) Upon receipt of the
written recommendation and a record of the proceedings from a hearing panel,
the president shall review the matter. The president may: (a) Impose any sanction less than termination of employment
whether or not it accords with the recommendation of the hearing
panel; (b) Recommend to the board of trustees termination of
employment for cases of grave misconduct or non-trivial financial fraud on such
terms and conditions as the president may deem advisable; (c) Remand the case to the hearing panel for
reconsideration; or (d) In the event that the president determines that
substantial new evidence exists (evidence that was not available at the time of
the initial investigation and that may reasonably have affected the finding of
misconduct) or there was conflict of interest or procedural error in the
previous steps of the process that resulted in material harm or prejudice to
the respondent, the president shall return the case back to a previous step of
the process. (2) The president's
decision on all sanctions less than termination of employment is
final. (3) Any decision of the
president shall be communicated in writing to the hearing panel, the provost,
and the respondent. (4) The president shall
make a decision within thirty days. (I) Board of trustees. The board of trustees, in reviewing and deciding upon a case in
which termination of employment has been recommended, has the ultimate
authority to take that action necessary to promote the best interest of the
university and to protect the rights of the individual. In such cases, the
board shall have the discretion to decide whether the respondent has an
opportunity to present to it arguments in writing, or in person, or both.
Last updated April 8, 2021 at 1:55 PM
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Rule 3335-5-05 | Procedures concerning faculty complaints about promotion, tenure and renewal decisions.
Effective:
October 11, 2023
(A) Definitions and
construction. (1) Complaints concerning
promotion, tenure, or renewal decisions may be made to the committee on
academic freedom and responsibility by any member of faculty as defined in rule
3335-5-19 of the Administrative Code (2) In all formal
proceedings under this rule, the burden of going forward and the burden of
establishing proof shall be on the complainant. (3) "Improper
evaluation," as used in this rule, shall mean: (a) That a decision affecting the complainant was based upon an
inadequate consideration of the pertinent facts by the individual(s) making the
decision, or (b) That such decision was based upon reasons or considerations
that infringe a constitutional right of the complainant. (4) In considering
complaints alleging an improper evaluation under this rule, the review should
consider only whether those individual(s) making the decision followed the
appropriate procedures, considered the important evidence material to a fair
determination, and acted in a responsible manner. When reviewing complaints,
neither the committee on academic freedom and responsibility nor the faculty
hearing panel shall substitute its judgment on the merits of the
individual's performance for that of the academic unit. (5) If a complaint is
dismissed by either the committee on academic freedom and responsibility or a
hearing panel pursuant to this rule, no appeal may be taken by the
complainant. (6) All records of the
proceedings under this rule shall be kept in the office of the executive vice
president and provost and shall not be open to public inspection without the
written permission of the complainant and the executive vice president and
provost. (B) The committee on academic freedom and
responsibility. (1) Complaints alleging
improper evaluation shall be presented in writing to the faculty members of the
committee on academic freedom and responsibility (hereinafter
"committee") and to the executive vice president and provost within
thirty days (whenever practical) after a faculty member has been notified of
the decision the faculty member wishes to challenge. (2) Upon receipt of a
written complaint alleging improper evaluation, the committee shall have sixty
days to review the complaint, and evidence relating to it (including evidence
on behalf of the academic unit) to determine whether reasonable and adequate
grounds exist for asserting improper evaluation. (3) By means of informal
procedures, the committee shall review the complaint, and evidence relating to
it (including evidence on behalf of the academic unit) to determine whether
reasonable and adequate grounds exist for asserting improper
evaluation. (4) If the committee
determines that no reasonable and adequate grounds exist for asserting improper
evaluation, it shall dismiss the complaint and forward all files on the matter
to the executive vice president and provost. (5) If the committee
determines that reasonable and adequate grounds may exist for asserting
improper evaluation, it shall forward the complaint and all additional
materials gathered during examination of the complaint to the faculty hearing
committee and to the complainant, established pursuant to rule 3335-5-48.9 of
the Administrative Code. (6) If the committee is
unable to reach a decision in the allotted sixty days, the complaint shall be
forwarded to the faculty hearing committee. (C) The faculty hearing
committee. (1) Upon receipt of a
complaint alleging improper evaluation, the chair of the faculty hearing
committee shall meet with the complainant to discuss the issues in the
complaint and to inform the complainant about the procedures to be followed in
the hearing. (2) Within thirty days
of receipt of a complaint, pursuant to paragraph (B)(6) of this rule, the
faculty hearing committee shall select a hearing panel according to the method
provided in rule 3335-5-48.10 of the Administrative Code, to conduct
proceedings in order to determine whether there is validity in the complaint.
The hearing panel shall make every effort to conclude the hearing within sixty
days, and the chair of the faculty hearing committee shall make every effort to
submit the written report of the hearing to the executive vice president and
provost within thirty days. (3) Actions being
challenged under this rule shall be responded to by the executive vice
president and provost or designee. (4) In matters involving
allegations under paragraph (A)(3)(b) of this rule, the hearing panel shall
conduct its proceedings in a collegial manner in accordance with the following
guidelines: (a) The complaint shall be set forth in writing and a copy
furnished to the party or parties that are alleged to have committed the
infringement. (b) The hearing panel may restrict the attendance of persons at
the proceedings, provided that the complainant shall not be denied the right to
have one observer of their choosing present at all times. (c) Both complainant and respondent shall have the right to be
accompanied and advised by any person of their choice, to present witnesses and
evidence on their own behalf, and to examine witnesses and
evidence. (d) The hearing panel shall receive such testimony and other
evidence as it deems to be material and relevant to the issues before
it. (e) An electronic recording shall be kept of all proceedings at
a hearing panel. The recording shall be conveyed by the chair of the faculty
hearing committee to the office of the executive vice president and
provost. (5) In matters involving
complaints under paragraph (A)(3)(a) of this rule, the hearing panel shall
conduct an investigatory proceeding in accord with the following
guidelines: (a) The proceeding shall not be adversarial in nature. The
proceeding is an investigation leading to a report on whether or not adequate
consideration was accorded. (b) The complainant should be given opportunity to address the
hearing panel in writing and in person, and offer any evidence substantiating
the claim. (c) If the complainant appears before the hearing panel, the
complainant may bring an advisor. No formal transcript of the proceedings need
be kept. (d) The hearing panel shall request an oral or written report on
the procedures followed and the evidence considered in reaching the decision
that led to the complaint. The person or group who makes the decision may be
called upon to demonstrate that all important and material evidence was
considered. (6) At the conclusion of
a hearing, the hearing panel shall: (a) Makes separate findings of fact with respect to each
substantive issue raised at the hearing. (b) Dismisses the complaint if it determines that there has been
no improper evaluation. (c) When it has found that an improper evaluation has been made,
makes a recommendation as to steps that could be taken to assure a new, fair,
and impartial hearing. (d) Shall be submitted to the dean of the college in which the
complainant is a member and to the executive vice president and provost. The
executive vice president and provost, in consultation with the hearing panel
and the chair of the faculty hearing committee, shall take such steps as may be
deemed necessary to assure a new fair, and impartial evaluation. A copy of the
hearing panel's findings shall also be sent to the president. (7) If a decision is
remanded under paragraph (C)(6)(c) of this rule, it shall be reconsidered
promptly. Within thirty days of the receipt of the hearing panel's
decision, the executive vice president and provost shall respond in writing to
the hearing panel and the president, stating what action has been taken and the
reasons therefor. (8) A copy of all
findings and recommendations of a hearing panel shall be provided to the
complainant. (D) The president. (1) Upon receipt of a
report under paragraph (C)(7) of this rule, the president shall review the
matter and take whatever action the president deems appropriate. (2) All decisions of the
president under this rule shall be provided in writing to the hearing panel and
the complainant.
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Rule 3335-5-06 | Guest speakers.
Effective:
October 29, 1989
It is the policy of the university to foster a spirit of free inquiry and to encourage the timely discussion of a broad range of issues, provided that the views expressed are stated openly and are subject to critical evaluation. Within our prevailing standards of decency and honesty, this policy shall be construed to mean that no topic or issue is too controversial for intelligent discussion on the campuses. Restraints on free inquiry should be held to that minimum which is consistent with preserving an organized society in which change is accomplished by peaceful, democratic means. To this end, registered student organizations, faculty, and others entitled to sponsor a meeting involving the use of university facilities (see rule 3335-13-03 of the Administrative Code) may invite guest speakers to the campuses. The sponsors must take reasonable steps necessary to ensure that the meeting is conducted in an orderly manner.
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Rule 3335-5-07 | Definition of faculty duties and responsibilities.
Faculty members who are on duty are accountable for
meeting the formal and informal obligations associated with research, service,
and/or teaching or clinical practice. Duties and responsibilities are assigned
annually in accordance with the workload guidelines laid out in the pattern of
administration of each faculty members tenure initiation unit and, as
appropriate, regional campus. Full-time, twelve-month, faculty members are
expected to be on duty for an average of nineteen working days a month, with
working days defined as weekdays that are not designated as university
holidays. Faculty members on nine- month appointments are commonly on duty for
nineteen working days a month averaged over a nine-month period. The most
common pattern for a nine-month on-duty period under semesters is from August
fiftheenth to May fiftheenth. Breaks within a given semester, summer term, or
session, as well as any days between the end of the exam period and the
beginning of the next semester or session, will be considered off-duty days.
Faculty on twelve- month appointments are on duty on all working days except
for the days they accrue and designate as vacation days. Terms of duty for
full-time associated faculty on nine- or twelve-month appointments should
parallel the terms for nine- and twelve-month tenure-track faculty unless
otherwise specified in their annual letter of appointment; terms for
shorter-term associated faculty are specified in their annual letter of
appointment.
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Rule 3335-5-08 | Absence from duty.
Effective:
October 11, 2023
Absence of any member of the faculty from ordinary
service in the university, for any cause other than sickness, must be with the
knowledge and approval of their chair or director and of the dean of the
college, or, in the case of faculty assigned to a regional campus, the dean and
director of that campus. Absences longer than ten consecutive business days,
must also be approved by the executive vice president and provost. Sick leave
is granted on approval of the appropriate administrative official when
notification is given as soon as practicable, presumably on the first day of
absence.
Last updated October 11, 2023 at 8:37 AM
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Rule 3335-5-12 | Rules of the university faculty; incorporated in contracts.
Effective:
March 13, 1978
"Rules of the university faculty" shall be incorporated by reference as a part of every contract or agreement for employment with the Ohio state university as though expressly incorporated in said contract or agreement.
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Rule 3335-5-13 | Membership.
Effective:
October 11, 2023
Every member of the university faculty shall be a
member of the college faculty or faculties to which they are assigned
regardless of the location of their primary duty. In cases involving doubt as
to the proper college to which the university faculty member is assigned,
assignment will be made by the executive vice president and provost after
obtaining the recommendation of the deans and/or dean and directors
concerned.
Last updated October 11, 2023 at 8:38 AM
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Rule 3335-5-14 | Powers.
Effective:
October 11, 2023
The college faculties shall have, subject only to
the separate powers of the faculty of a school (see rule 3335-3-34 of the
Administrative Code) and the faculty of the college of arts and sciences (see
rule 3335-5-27 of the Administrative Code), the following general
powers. (A) To adopt requirements for admission
subject to the approval of the university senate and the board of
trustees; (B) To adopt, alter or abolish courses
and curricula subject to the approval of the council on academic affairs and
the president and the board of trustees (see rules 3335-5-48.1 and 3335-8-02 of
the Administrative Code); (C) To create and abolish schools, and
departments of instruction within the college subject to approval of the
council on academic affairs, the university senate, the president and the board
of trustees (see rules 3335-3-25 to 3335-3-27, 3335-3-37, and 3335-5-48.1 of
the Administrative Code); (D) To adopt and abolish academic degrees
administered by them subject to approval of the council on academic affairs,
the university senate, the president, and the board of trustees; (E) To recommend to the faculty
membership of the university senate and the board of trustees, candidates for
degrees.
Last updated October 11, 2023 at 8:38 AM
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Rule 3335-5-15 | Executive committee.
Each college shall have the power to designate an executive committee to which it may delegate authority to transact the business of the college as provided by the rules or by the established precedents of the college. Unless otherwise provided by the college faculty, this committee shall receive and act upon student petitions relative to courses of study and reinstatement; shall certify to the college faculty at the end of each semester, summer term, or session, lists of students who have fulfilled the requirements for a degree, or for whom special recommendation is made; and shall bring before the college faculty any matter coming within its knowledge that needs the consideration or action of the college. The dean of the college shall act as chair of the committee.
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Rule 3335-5-16 | Meetings.
Effective:
March 13, 1978
The college faculty shall meet upon call of the dean of the college or in accordance with rules established by the college.
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Rule 3335-5-17 | Membership.
The department or school faculty shall comprise all members of the department or school who are members of the college faculty and such other members of the department or school as the chair or director may from time to time designate. The chair or director shall be chair of the department or school faculty (see rule 3335-3-35 of the Administrative Code). The faculty of the department or school on all campuses, shall make recommendations on educational policies to the faculty of the college. In addition, the faculty of the school shall have the several academic powers set forth in rule 3335-3-34 of the Administrative Code. The president of the university and the dean of the college are members of the faculty of each department or school.
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Rule 3335-5-18 | Meetings.
The faculty in each tenure initiating unit shall meet upon the call of the chair, director, or dean as prescribed in the unit's pattern of administration, but not less frequently than once each semester during the academic year.
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Rule 3335-5-18.1 | Membership.
A regional campus faculty shall be comprised of those faculty members rendering primary service on that campus, the dean and director of the campus, and the president of the university.
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Rule 3335-5-18.2 | Meetings.
Effective:
March 17, 1980
The regional campus faculty shall meet upon the call of the dean and director or in accordance with rules established by that regional campus faculty.
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Rule 3335-5-19 | Faculty.
Effective:
October 11, 2023
As used in university rules, the term
"faculty" shall include persons appointed by the board of trustees
with tenure-track, non-tenure track, and emeritus faculty titles on full or
part-time appointments, with or without salary. (A) "Tenure-track faculty":
persons with the titles of professor, associate professor, assistant professor,
and instructor who serve on appointments totaling fifty per cent or more
service to the university and who are eligible for tenure or who have obtained
tenure. (B) "Non-tenure-track
faculty": all faculty positions within the university that are not
tenure-track and are not eligible for tenure. This includes the following
categories: (1) "Clinical
faculty": Clinical/teaching/practice faculty serve under fixed term
contracts and their faculty appointments are described in Chapter 3335-7 of the
Administrative Code. (2) "Research
faculty": Research faculty serve under fixed term contracts and their
faculty appointments are described in Chapter 3335-7 of the Administrative
Code. (3) "Associated
faculty": persons with clinical practice titles, adjunct titles, visiting
titles, and lecturer titles; also professors, associate professors, assistant
professors, and instructors who serve on appointments totaling less than fifty
per cent service to the university. Persons with tenure-track,
clinical/teaching/practice, or research faculty titles may not hold associated
titles. Persons holding associated titles are not eligible for tenure and may
not participate in the promotion and tenure reviews of tenure-track,
clinical/teaching/practice, or research faculty. Persons with associated titles
are permitted to participate in college or academic unit governance where
approved by a vote of at least a majority of all of its tenure track faculty
and also clinical/teaching/practice and research faculty in those colleges and
units where they have been given voting rights. Associated faculty appointments
may be made for a maximum of three consecutive years and, with the exception of
visiting titles, may be renewed. (a) Clinical practice faculty: The titles of clinical professor
of practice, clinical associate professor of practice, clinical assistant
professor of practice, and clinical instructor of practice shall be used to
confer faculty status on individuals who have credentials comparable to
clinical faculty of equivalent rank and who either provide significant,
uncompensated service for which a faculty title is needed or compensated
service to the clinical instructional programs in the colleges of the health
sciences. Clinical practice appointments are made for the period in which the
service is provided. Renewal of no-salary appointments is contingent upon
continued significant contributions. Procedures for the promotion of clinical
practice faculty members shall be the same as for promotion of clinical
faculty. (b) Visiting faculty: The titles of visiting professor, visiting
associate professor, and visiting assistant professor, shall be used to confer
faculty status on individuals who have credentials comparable to tenure-track,
clinical/teaching/practice or research faculty of equivalent rank who spend a
limited period of time on formal appointment and in residence at this
institution for purposes of participating in the instructional and research
programs of the university. A visiting appointment cannot exceed three
continuous academic years of service. (c) Adjunct faculty: The titles of adjunct professor, adjunct
associate professor, and adjunct assistant professor, and adjunct instructor
shall be used to confer faculty status on individuals who have credentials
comparable to tenure-track, clinical/teaching/practice, or research faculty of
equivalent rank, who provide significant, service to the instructional and/or
research programs of the university and who need a faculty title to perform
that service. Significant service would include teaching the equivalent of one
or more courses, advising graduate students or serving on graduate committees,
and serving as a co-investigator on a research project. Such individuals may be
either nonuniversity employees or university employees compensated on a
noninstructional budget. Adjunct appointments are made for the period in which
the service is provided. Renewal of adjunct appointments is contingent upon
continued significant contributions. Procedures for the promotion of adjunct
faculty members shall be the same as for promotion of tenure,
clinical/teaching/practice, or research faculty. (d) Lecturer: The titles of lecturer and senior lecturer shall
be used for all compensated instructional appointments where other titles are
not appropriate. Lecturers' responsibilities are limited to teaching as
defined in paragraph (A)(2) of rule 3335-6-02 of the Administrative
Code. (C) "Emeritus faculty":
Emeritus faculty status is an honor given in recognition of sustained academic
contributions to the university as described in rule 3335-5-36 of the
Administrative Code.
Last updated October 11, 2023 at 8:38 AM
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Rule 3335-5-19.1 | University faculty.
Effective:
October 16, 2023
For purposes of governance functions described in
rules 3335-5-20 to 3335-5-25 of the Administrative Code, the term
"university faculty" shall mean all tenure-track faculty, the
president, members of the president's cabinet serving at the
president's pleasure and designated as executive heads of offices, the
deans of the colleges and of the graduate school, and the dean for
undergraduate education.
Last updated October 16, 2023 at 8:48 AM
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Rule 3335-5-20 | Presiding officer.
Effective:
October 11, 2023
The president of the university shall be the
presiding officer of the university faculty. In the president's absence
the duties of the presiding officer shall be assigned to the executive vice
president and provost. In the absence of both the president and the executive
vice president and provost, the duties of the presiding officer shall be
assigned by the president to the dean of one of the colleges, the dean for
undergraduate education, or the vice president for research.
Last updated October 11, 2023 at 8:39 AM
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Rule 3335-5-22 | Meetings.
Effective:
October 11, 2023
(A) Meetings of the university faculty
shall be held as needed during the academic year. These meetings shall be held
on call of the president, either on the president's own motion or on
request of the university senate or of the university faculty. The request of
the university senate shall be by action taken at any meeting of the university
senate. The request of the university faculty shall be by petition signed by
members of the university faculty (see rule 3335-5-19.1 of the Administrative
Code) in a number equal at least to ten per cent of the total membership of the
university faculty. The president shall have a reasonable time to call the
meeting after receiving the request. (B) For the purpose of this rule and rule
3335-5-23 of the Administrative Code, this total membership of the university
faculty shall be determined as of the October first preceding the date on which
the petition is filed.
Last updated October 11, 2023 at 8:39 AM
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Rule 3335-5-23 | Quorum.
Effective:
March 13, 1978
Thirty per cent of the total membership of the university faculty (see rule 3335-5-19.1 of the Administrative Code) shall constitute a quorum for the transaction of business.
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Rule 3335-5-24 | Vote.
Effective:
March 13, 1978
Only members of the university faculty (see rule 3335-5-19.1 of the Administrative Code) shall be eligible to vote at a meeting of the university faculty.
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Rule 3335-5-25 | Order of business.
(A) Except as otherwise provided by the university faculty, its meeting shall be conducted in accordance with the latest revision of "Robert's Rules of Order." (B) The order of business shall depend on the type of business to be transacted at the particular meeting.
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Rule 3335-5-26 | Membership.
The faculty of the college of arts and sciences shall consist of all faculty members of the five legacy colleges of the former federation of the colleges of the arts and sciences, including arts, biological sciences, humanities, mathematical and physical sciences, and social and behavioral sciences. (see rule 3335-3-28 of the Administrative Code).
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Rule 3335-5-27 | Powers.
The faculty of the college of arts and sciences shall have jurisdiction over: (A) All programs for the "untagged" bachelor's degrees, subject only to approval by the council on academic affairs and the university senate. Such degrees shall be awarded only upon the recommendation of the faculty of the college of arts and sciences. (B) The general education requirements for all programs in the colleges of the arts and sciences, and joint responsibility for planning the general education requirements for colleges outside the college of arts and sciences on a cooperative basis. Jurisdiction for the general education requirements for colleges outside the college of arts and sciences shall lie with the university senate through the council on academic affairs, and not with the faculty of the college of arts and sciences.
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Rule 3335-5-28 | Meetings.
The faculty of the college of arts and sciences shall meet upon call of the chair of the coordinating council of deans or in accordance with rules established by the faculty.
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Rule 3335-5-29 | Membership.
Effective:
November 9, 2020
The members of the graduate faculty shall consist
of those members of the faculty who are nominated by their graduate program and
approved by the graduate school. Ex-officio members of the graduate faculty are
the executive vice president and provost, the vice president for research, the
dean of the graduate school, the deans of the colleges, and the dean of
libraries.
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Rule 3335-5-30 | Powers and functions.
Effective:
September 3, 2008
The graduate faculty shall have the following general powers and functions: (A) To initiate and to act upon any question affecting the policies of the graduate school or to request consideration and action by the graduate council. (B) To receive the annual report of the dean of the graduate school and such other reports as the dean shall submit. (C) To perform the functions approved by the graduate council.
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Rule 3335-5-31 | Meetings.
Effective:
September 3, 2008
(A) Meetings of the graduate faculty shall be called by the dean of the graduate school or whenever so requested by ten per cent of the regular members of the graduate faculty or by a majority of the members present at any regular meeting of the graduate council. (B) The dean of the graduate school shall announce the time, place and purpose of each meeting at least seven days before the date of the meeting. The dean of the graduate school, or designee, shall preside at all meetings of the graduate faculty. All actions of the graduate faculty shall be upon a majority vote of the regular members present. In case of a tie vote on any matter before the graduate faculty, the dean of the graduate school shall cast the deciding ballot. Any action taken pursuant to paragraph (A) of rule 3335-5-30 of the Administrative Code shall be proposed at one meeting of the graduate faculty and acted upon at a subsequent meeting called for that purpose.
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Rule 3335-5-32 | Graduate council.
Effective:
October 11, 2023
There shall be established a graduate council with
the following powers and subject to the following limitations in rules
3335-5-33 to 3335-5-35 of the Administrative Code.
Last updated October 11, 2023 at 8:40 AM
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Rule 3335-5-33 | Membership.
Effective:
October 11, 2023
There shall be a graduate council constituted as
follows: (A) Chair. A faculty chair of the
graduate council shall be elected annually by members of the graduate council.
The chair will sit on the senates faculty cabinet, as defined in the
bylaws of the faculty council. (B) Faculty members: twelve members of
the graduate faculty shall be appointed for terms of three years by the vice
provost for graduate studies and dean of the graduate school in consultation
with deans and senate faculty leadership (the chair and vice-chair of faculty
council, the chair of the senate steering committee, and the university senate
secretary). Three of the twelve shall be members of the university senate.
Graduate faculty members should have experience as a graduate studies committee
chair, department chair, or other significant involvement in graduate
education. Nine of the twelve graduate faculty members shall be nominated by
the council of deans from lists solicited from the faculty of their respective
colleges. Three of the twelve graduate faculty members shall be appointed by
the vice provost for graduate studies and dean of the graduate
school. (C) Alternate faculty members. Each
faculty member of the graduate council is expected to attend its meetings
regularly. Alternate representatives shall be identified by the council of
deans and approved by the vice provost for graduate studies and dean of the
graduate school. Alternates shall have the general powers and privileges as of
the member represented. Service as an alternate does not make the alternate
ineligible for membership in the council the following year. (D) Graduate student members. Two
graduate students shall be appointed by the council of graduate students. These
members shall serve terms of one year and shall be eligible for of three
consecutive terms. (E) Alternate student members. Each
student member of the council is expected to attend its meetings regularly.
Alternate representatives shall be identified by the council of graduate
students. The alternate shall then have the general powers and privileges as
the member represented. Service as an alternate does not make the alternate
ineligible for membership in the council the following year. (F) One administrator. The vice provost
for graduate studies and dean of the graduate school or designee. (G) Non-voting members. The president of
the council of graduate students and the vice president for
research.
Last updated October 11, 2023 at 8:40 AM
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Rule 3335-5-34 | Duties and responsibilities.
Effective:
September 3, 2008
The graduate council shall be the principal advisory body of the graduate school and shall have the following duties and responsibilities: (A) To serve as an advisory group to the vice provost for graduate studies and dean of the graduate school. (B) To participate in the development of rules, policies, and standards pertaining to graduate education and graduate programs and to act upon any question affecting those policies. (C) To participate in the establishment of rules, policies, and standards governing graduate associates and graduate fellowships, including overseeing eligibility and allocation procedures for graduate school fellowships. (D) To review proposals for new or revised graduate programs, graduate minors, graduate interdisciplinary specializations and other curricular matters. (E) To submit to the council on academic affairs recommendations about adopting or abolishing academic degrees administered by the graduate school. (F) To provide oversight for interdisciplinary graduate programs. (G) To make recommendations about establishing and abolishing academic centers and other comparable organizations that are engaged in graduate education and make recommendations for determining the membership and authorities of their boards or governing bodies. (H) To approve, modify, or reverse any action taken by its standing or ad hoc committees.
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Rule 3335-5-35 | Committees.
Effective:
September 3, 2008
(A) There shall be one standing committee: curriculum. The committee will be chaired by a graduate faculty member of the committee. (B) There shall be ad hoc committees to address issues requiring specific expertise. Ad hoc committees shall be convened at the discretion of the vice provost for graduate studies and dean of the graduate school or graduate council.
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Rule 3335-5-36 | Emeritus faculty.
Effective:
November 9, 2020
(A) Full-time tenure-track,
clinical/teaching/practice research, or associated faculty may request emeritus
status upon retirement or resignation at the age of sixty or older with ten or
more years of service or at any age with twenty-five or more years of
service. (B) The request for emeritus status is
made to the tenure initiating unit (TIU) head, except that for associated
faculty with appointments at regional campuses, the request for emeritus status
is made to the regional dean. The process for awarding emeritus status shall be
described in the TIU/regional campus appointments, promotion and tenure
document. The executive vice president and provost must approve requests for
emeritus status for faculty who do not otherwise meet the qualifications in
paragraph (A) of rule 3335-5-36 of the Administrative Code. Emeritus status is
recommended by the TIU head, the dean, and the executive vice president and
provost, and approved by the board of trustees. (C) Emeritus faculty, in keeping with the
honorific nature of the title, are not expected to perform faculty duties
(under rule 3335-5-07 of the Administrative Code), nor do they retain the
specific powers of the faculty (under rule 3335-5-14 of the Administrative
Code). Emeritus faculty may not vote at any level of governance and may not
participate in promotion and tenure matters but may have such other privileges
as individual academic units or the university may provide. (D) If emeritus status is requested but
denied by the TIU head/regional dean, the decision can be appealed in writing
to the dean or executive vice president and provost for units for which the
dean is the TIU head. If the request for emeritus status or an appeal is denied
by the dean, the decision can be appealed in writing to the executive vice
president and provost, who shall make the final decision. Every effort shall be
made by the dean and executive vice president and provost to conclude all
decisions on appeals within sixty days. (E) In lieu of the process described in
rule 3335-5-04 of the Administrative Code, the president, subject to the
approval of the board of trustees, shall have the authority to revoke emeritus
status if an emeritus faculty member at any time engages in serious
dishonorable conduct in violation of law, rule, or policy and/or causes harm to
the universitys reputation.
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Rule 3335-5-37 | Membership.
Effective:
September 20, 2022
There shall be a university senate, a unicameral
body constituted as follows: (A) Voting members: the voting members of
the senate (throughout this document the word "senate" shall be taken
to mean the university senate) shall consist of: (1) Twenty-four administration members. (2) Seventy-one faculty members. (3) Forty-one student members, consisting of twenty-six
undergraduate, ten graduate, and five professional student
members. (4) Five staff members. Any change in the number of members representing
administration, faculty, staff or students shall necessitate an adjustment in
the total membership in order to maintain to the nearest percentage the ratio
of these numbers. (B) Non-voting members: Unless they are already voting
members of the senate, holders of the positions listed in this paragraph shall
be non-voting members of the senate. Non-voting members are not entitled to
vote on the floor of the senate, but may otherwise participate in all senate
deliberations. They shall include the chair and chair-elect of faculty council,
senate committee chairs, the president of the alumni association, the secretary
and the recording secretary of the university senate, the president and
vice-president of the undergraduate student government, the president and
vice-president of the council of graduate students, the president and
vice-president of the inter-professional council, and the chair and chair-elect
of the university staff advisory committee.
Last updated September 20, 2022 at 8:51 AM
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Rule 3335-5-38 | Terms of office.
Effective:
November 9, 2020
(A) Ex-officio members serve by virtue of
their position and shall have no fixed term of office. (B) Faculty members shall serve
three-year terms, with one-third being elected each year; they shall be
ineligible for one year for reelection after two consecutive terms of
service. (C) Student members shall serve one-year
terms and be eligible for reelection. (D) Staff members shall serve two-year
terms; they shall be ineligible for one year for reelection after two
consecutive terms of service.
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Rule 3335-5-39 | Election bylaws.
Effective:
March 13, 1978
The university senate shall have the power to make election bylaws governing election districts and constituencies, dates for assuming office, election procedures, membership certification, and resolution of election appeals; such election bylaws shall not contravene the sections of the Revised Code applying to the university, the "bylaws of the board of trustees," or the "rules of the university faculty." The senate election bylaws may be amended pursuant to the procedures specified in rule 3335-5-43 of the Administrative Code.
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Rule 3335-5-40 | Alternate members.
Effective:
October 11, 2023
When a regular member is unable to attend a meeting
of the university senate, they shall notify the secretary in advance of the
meeting, giving the name of the alternate who will act as a replacement. The
alternate so designated shall then have the general powers and privileges in
the university senate of the person replaced. (A) An administration member shall
designate an alternate from the administration. (B) A faculty member shall designate an
alternate from those elected as alternates in the member's own election
district. (C) A student member shall designate an
alternate from their constituency with the advice and consent of the
student's council or governing body. (D) Non-voting members (see paragraph (B)
of rule 3335-5-37 of the Administrative Code) shall designate their alternates
from their respective constituencies or offices.
Last updated October 11, 2023 at 8:40 AM
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Rule 3335-5-41 | Powers.
The university senate, subject to the authority of the board of trustees, shall have the power: (A) Under delegation by the university faculty as defined in rule 3335-5-19.1 of the Administrative Code (1) to establish the educational and academic policies of the university, (2) to recommend the establishment, abolition, and alteration of educational units and programs of study, (3) to recommend to the board of trustees candidates for honorary degrees, (4) to recommend candidates for degrees and certificates (which power shall be reserved to the faculty and administrative members of the university senate). (B) To consider, to make recommendations concerning, and (in pursuance of rules pertaining to the university) to act upon matters relating to the rights, responsibilities, and concerns of students, faculty, administrators, and staff.
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Rule 3335-5-42 | Procedures for reconsideration.
Effective:
March 13, 1978
Upon petition by ten per cent of the student body or ten per cent of the faculty, the senate shall reconsider any action which it has taken. Upon its own initiative, the senate may also reconsider actions it has taken.
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Rule 3335-5-43 | Procedures for altering the organization of the university senate.
Effective:
March 13, 1978
In matters pertaining to an alteration of the organization of the senate: (A) The secretary shall provide a written copy of the proposed change to all members and alternates at least two weeks in advance of the meeting at which the proposal is to be considered; and (B) An affirmative vote of two-thirds of the members present and voting at that meeting shall be required for passage.
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Rule 3335-5-44 | Constituent bodies of the senate.
Effective:
October 11, 2023
Subject only to the provisions listed below in this
paragraph, the representatives to the senate of the administration, of the
faculty, the students, and the staff shall have the right to meet separately
and to organize themselves in whatever manner they shall deem appropriate. As
far as the senate is concerned, these bodies represent separate memberships.
They may initiate proposals and submit them to the university senate for
consideration. The senate, however, shall be independent of these bodies, and
its actions shall not need their concurrence nor be subject to their
review. (A) The members of the administration
shall designate to the university senate office one person or officer
responsible for submitting to the senate those proposals and recommendations
which come in the name of the administration. (B) The elected faculty representatives
to the senate shall constitute the faculty council. The faculty council shall
designate to the university senate office one person or officer responsible for
submitting to the senate those proposals and recommendations which come in the
name of the faculty council. (C) The student representatives to the
senate shall designate to the university senate office one person or officer
from the undergraduate student government, the council of graduate students,
and the inter-professional council, to be responsible for submitting to the
senate those proposals and recommendations which come from those respective
groups. (D) Nothing in the above shall be
construed as restricting the right of a principal standing committee or of
individual members speaking for themselves to submit proposals for senate
action to the steering committee, or directly to the senate.
Last updated October 11, 2023 at 8:41 AM
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Rule 3335-5-45 | Bylaws of the senate.
Effective:
October 11, 2023
The university senate shall have the power to
organize itself and to make such bylaws for its own proceedings as shall not
contravene the sections of the Revised Code applying to the university, the
"bylaws of the board of trustees," or the "rules of the
university faculty." The senate's bylaws may be amended at any time
by a majority of senate members present and voting thereon. The bylaws shall
also be the subject of review by the rules committee at the beginning of each
new autumn session of the senate. The senate bylaws are found in Chapter
3335-19 of the Administive Code.
Last updated October 11, 2023 at 8:41 AM
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Rule 3335-5-45.1 | Presiding officer.
The president of the university shall be the presiding officer of the university senate. In the absence of the president or at the president's request the executive vice president and provost shall preside. In the absence of both the president and the executive vice president and provost, the chair of the steering committee shall preside.
Last updated September 22, 2023 at 1:50 PM
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Rule 3335-5-45.2 | Secretary of the university senate.
Effective:
November 9, 2020
(A) The secretary of the university
senate shall be a tenured member of the faculty, appointed by the president
from three nominees submitted by the steering committee. The term of office
shall be for three years. Prior service as secretary need not preclude
nomination to this office. During the term of office the secretary shall be
reassigned for a minimum of fifty per cent of time to the office of the
university senate during autumn and spring semesters, and summer term. The
secretary of the senate will be evaluated annually by the executive vice
president and provost or designee, the chair of the senate steering committee,
and the chair of faculty council. (B) The responsibilities of the secretary
of the university senate will be to: (1) Serve as a resource
person for members of the university community on matters relating to
university governance and to activities of the university senate. (2) Promote active,
effective participation in university governance by the members of the
constituencies of the university senate. (3) Coordinate the
responsibilities of the office of the university senate as described in rule
3335-19-09 of the Administrative Code. (4) Serve as a voting
member of the rules committee and a non-voting member of the steering committee
of the university senate. (5) Serve as a resource
person for university and senate committees. (6) Issue notification of
senate meetings, agendas, and reports of senate actions in accordance with rule
3335-19-11 of the Administrative Code. (7) Keep the records of
the meetings of the university senate and furnish to the president for report
to the board of trustees all matters passed by the university senate requiring
board of trustees approval or action.
Last updated September 22, 2023 at 1:50 PM
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Rule 3335-5-45.3 | Faculty ombudsman.
Effective:
October 11, 2023
(A) The faculty ombudsman shall be a
senior member of the tenure-track faculty or an emeritus faculty member, who
was a tenured faculty member appointed by the president. Appointments shall be
made on the basis of a recommendation made by a search committee consisting of
the chairs of faculty council and the steering committee, the secretary of the
senate, the provost, and the president. The term of office shall be for one
year, and is renewable. (1) The faculty ombudsman
shall be someone with experience in university governance at the Ohio state
university, shall be familiar with university rules and policies, prevalent
cultural norms within the institution, precedent, and established university
policies and operating procedures. (2) Compensation for the
faculty ombudsman will be provided by the office of academic affairs, in the
form of course release time or supplemental compensation. (B) The responsibilities of the faculty
ombudsman will be to: (1) Serve as an advisor
to faculty to assist them in determining the viability of their complaints and
issues. (2) Direct faculty to
appropriate offices, committees, and university rules and
policies. (3) Serve when
appropriate as an informal mediator of early-stage complaints, to mediate as an
impartial party rather than as an advocate for faculty involved in
complaints. (4) Present an annual
report on their activities to faculty council in the autumn term of each
academic year. (5) Visibility of the
office of the ombudsman will be made available to faculty through venues such
as web pages, the ombudsman speaking at new faculty orientation, and through an
introduction at the first meetings of senate and faculty council each
year. (C) Recourse to the
ombudsman. Recourse to the ombudsman is voluntary and not a
prerequisite for consideration of the dispute by the committee on academic
freedom and responsibility, the faculty hearing committee, the office of
academic affairs, or the office of human resources.
Last updated October 11, 2023 at 8:41 AM
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Rule 3335-5-45.4 | University senate faculty leadership.
Effective:
February 17, 2015
(A) Membership The university senate faculty leadership shall consist of four members. (1) The chair of the faculty council. (2) The chair-elect of the faculty council. (3) The chair of the university senate steering committee. (4) The secretary of the university senate. (B) Duties and responsibilities. (1) Meet year-around to plan, project and assist in expediting university senate business. (2) Meet with the university president to enhance communications between faculty and the office of the president. (3) Meet with the provost to discuss academic policies, educational policies and the mission of the office of academic affairs. (4) Meet with university leadership on an as-needed basis to foster shared governance. (5) Suggest nominees to the executive committee of faculty council to fill faculty vacancies in university senate committees.
Last updated September 22, 2023 at 1:50 PM
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Rule 3335-5-46 | Senate committees.
(A) The senate may establish standing and
special committees as it deems necessary or desirable. (1) The standing
committees of the senate are those committees defined in rules 3335-5-47.1,
3335-5-47.3, and 3335-5-48.1 to 3335-5-48.18 of the Administrative
Code. (2) A special committee
is one established to carry out a specified task, at the completion of which it
automatically ceases to exist. (B) Membership. (1) The council of
graduate students, the inter-professional council, the undergraduate student
government, the university staff advisory council, and the faculty council
shall select members of their own constituency using procedures adopted by
their respective bodies. (2) All standing and
special committees of the senate shall include at least one faculty senator.
(3) Unless otherwise
specified by the rules, the number of tenure-track faculty on standing
committees shall not be less than two-thirds of the faculty membership. Faculty
shall be appointed by the executive committee of the faculty council.
(4) Committee
vacancy. (a) The chair will report vacancies to the appropriate nominating
source through the office of the university senate. For this rule, a vacancy
exists when an elected member is unable to meet the participation requirements
defined by the committee. (b) When an unexpired term becomes vacant, the vacancy shall be
filled in a manner consonant with the original method of committee selection. A
member selected to fill such a vacancy shall serve for the duration of the
unexpired term. (5) The membership of
each committee shall be made known through the report of the secretary of the
university senate. (6) Terms of
service. (a) Faculty members shall serve three-year terms and are eligible
for immediate reappointment to a second term. Following that they are
ineligible for reappointment until one full year has elapsed. Faculty members
may not serve as chair of an individual committee for more than three
successive years. (b) Unless otherwise specified by the rules, staff members shall
serve two-year terms and be eligible for reappointment. (c) Unless otherwise specified by the rules, student members
shall serve one-year terms and be eligible for reappointment. (d) Appointed administration members shall serve two-year terms
and be eligible for reappointment. (e) Multiyear terms shall, whenever possible, be staggered so
that approximately equal proportions of the number of members rotate off the
committee each year. (f) Unless otherwise specified by the rules, terms of service of
senate committee members shall begin and end on the first day of autumn
semester; incoming members may attend meetings as non-voting members as soon as
they are appointed or elected. (g) A committee member
who misses all committee meetings in a semester may be removed by the committee
chair and replaced, as appropriate, by an appointment made by the executive
committee of faculty council, student leadership, the office of the president,
or other relevant appointing body. Any mitigating circumstances should be
reported to the committee chair and the chair should keep and report attendance
records to the university senate office and the senate
constituencies. (7) Student
alternates. Unless otherwise designated by rule, graduate,
inter-professional and undergraduate student members of standing and special
committees of the senate may have an alternate. The alternate shall be selected
from the same constituency as the original appointment. Student members shall
advise the chair of the alternate's name prior to the meeting in which the
member will be absent. The chair has responsibility for recording correct
voting status. If the member has voting status, the alternate may vote in the
event of the member's absence. If the member has speech and debate privileges,
the alternate shall retain these privileges in the member's absence.
Whenever possible, potential alternates will be identified by appointing
authority at the beginning of the academic year. (C) Duties and
responsibilities. (1) Senate committees
shall report at least annually to the senate at a time and in a manner
specified by the steering committee of the senate. (2) Senate committees
shall define reasonable participation requirements for the conduct of ongoing
business. (D) Operating procedures and
organization. (1) Meetings of standing
and special committees of the senate shall be held in-person, virtually, or in
a hybrid format. Acceptable means of virtual participation include
teleconferencing or videoconferencing that allows verification of identity and
permits full participation in meetings. (2) A simple majority of
the voting membership of the senate committee, whether attending in person or
virtually, shall constitute a quorum for the conduct of the committee's
business. (3) Action by senate
standing and special committees shall be by vote of a majority of members
present, except as otherwise required by these rules or by the latest revision
of "Robert's Rules of Order." (4) Committee chairs.
Except where otherwise specified by the rules, in the spring each committee
shall elect a chair from its continuing membership, whose term shall begin the
subsequent summer session; committees may also elect a vice-chair or
chair-elect.
Last updated June 16, 2023 at 9:16 AM
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Rule 3335-5-47.1 | Steering committee.
Effective:
September 20, 2022
(A) Membership. The steering committee shall consist of eighteen
members. (1) Fifteen voting
members. (a) Six faculty members elected by faculty council as specified
in the faculty council bylaws. Elected faculty members shall serve two-year
terms and are eligible for immediate reelection or reappointment to a second
term. Following that they are ineligible for reelection or reappointment until
one full year has elapsed. (b) The chair of faculty council. The chair-elect of the faculty
council shall have full voting privileges if the chair cannot
attend. (c) Four student representatives: (i) The president of the
council of graduate students. The vice president of the council of graduate
students or another designee who is a member of the university senate may
attend steering committee meetings with full voting privileges if the president
cannot attend. (ii) The president of the
inter-professional council. The vice president of the inter-professional
council or another designee who is a member of the university senate may attend
steering committee meetings with full voting privileges if the president cannot
attend. (iii) The president of
the undergraduate student government. The vice president of the undergraduate
student government or another designee who is a member of the university senate
may attend steering committee meetings with full voting privileges if the
president cannot attend. (iv) An undergraduate
student who is a member of the university senate and who is appointed by the
vice president of the undergraduate student government. The student shall serve
a one-year term and are eligible for reappointment. (d) Three administrators. (i) The president of the
university. (ii) The executive vice president and provost. (iii) A dean appointed by
the president, who shall serve a two-year term and is eligible for immediate
reelection or reappointment to a second term. Following that they are
ineligible for reelection or reappointment until one full year has
elapsed. (e) The chair of the university staff advisory committee. The
chair-elect of the university staff advisory committee shall have full voting
privileges if the chair cannot attend. (2) Three non-voting
members. (a) The secretary of the university senate. (b) The chair-elect of faculty council. (c) The chair-elect of the university staff advisory
committee. (3) All members shall be current university senators during
the first year of their term but may continue to serve after their senate term
concludes. (B) Duties and
responsibilities. (1) Be the senate's
committee on committees: the steering committee shall have the power to call,
by vote of nine of its members, a special meeting of the senate, and shall have
such power and duties as the senate may delegate to it during periods when the
senate is not in session. It may create subcommittees and may delegate to them
any of its powers, functions, and duties. (2) Review the structure,
operation, and effectiveness of the senate and its committees. It shall receive
suggestions, review proposed rule changes, and initiate recommendations for
change in the structure and operation of the senate, including structure,
duties, and responsibilities of senate committees, without, however, in any way
restricting the senate's authority to alter its operations by other means.
The steering committee may also review other proposed rule changes prior to
presentation to the senate. (3) Serve as a channel of
communication between the senate and the president and the board of trustees.
Members shall be an advisory group available to both the president and the
board of trustees for advice and counsel on any matter relating to the
operation and development of the university. The members of the steering
committee may request and obtain a meeting with the board of
trustees. (4) Meet at least once
every year with the chair of each standing committee that does not report to
senate through faculty council. (C) Organization. (1) For the period of
time beginning with the election of steering committee members in spring
semester and ending with the start of the autumn semester, the steering
committee shall include its newly elected members as non-voting
members. (2) The committee shall
annually elect a chair from its faculty membership. (3) As a standing
committee of the senate, it is also governed by the provisions of rules
3335-5-46 and 3335-5-47 of the Administrative Code.
Last updated September 20, 2022 at 8:52 AM
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Rule 3335-5-47.3 | Rules committee.
Effective:
October 11, 2023
(A) Membership. The rules committee shall
consist of eleven members. (1) Six faculty senators
appointed by the executive committee of the faculty council. (2) Three
students. (a) One graduate student. (b) One professional student. (c) One undergraduate student. (3) One staff senator,
appointed by the university staff advisory committee. (4) The secretary of the
university senate. (5) Three non-voting,
ex-officio members. (a) Executive vice president and provost, or
designee. (b) Senior vice president and general counsel, or
designee. (c) Recording secretary of the university senate. (B) Terms of service. (1) Faculty members shall
serve three-year terms. (2) Staff members shall
serve two-year terms. (3) Student members shall
serve one-year terms. (4) Members shall be
senators during the first year of their term but may continue to serve on the
rules committee after their senate term concludes. (5) Members who are
senators are eligible for immediate reelection or reappointment to a second
term. Following that they are ineligible for reelection or reappointment until
one full year has elapsed. (6) The chair shall be a
faculty member and may not serve as chair for more than three successive
years. (C) Duties and
responsibilities. (1) Be responsible, in
cooperation with the secretary of the university senate, for the monitoring of
the "Rules of the University Faculty" and of all statutes and bylaws
pertaining to the senate. (2) Ensure that all
published rules and bylaws within the senate's purview are up to date, and
recommend their republication at such intervals as may be
desirable. (3) Make recommendations
for the revision of the procedural rules of the senate. (4) Before senate action,
the committee shall receive all proposed new rules and changes in existing
rules. It shall review them and recommend such editorial or other changes it
deems necessary to avoid conflict with other rules, to enhance clarity and
precision, and to avoid ambiguity. (5) Initiate rules or
changes in existing rules and recommend them to the steering committee for
scheduling for senate action. (6) The secretary of the
university senate in agreement with the rules committee may make
non-substantive corrections in diction and grammar, and is authorized to
correct names of offices, officers, units, credentials or constituents in the
bylaws and in the rules without deliberation by the university senate nor by
the board of trustees. (D) Organization. As a standing committee of the senate, this
committee is also governed by the provisions of rule 3335-5-46 of the
Administrative Code.
Last updated October 11, 2023 at 8:42 AM
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Rule 3335-5-48.1 | Council on academic affairs.
Effective:
October 16, 2023
(A) Membership. The council on academic affairs shall consist of
eighteen members. (1) Ten
faculty. (a) Six faculty, at least two of whom are members of the senate,
selected by the faculty council. (b) Four faculty appointed by the president. (2) Five students. The
term of service is two years. (a) Two graduate students. (b) One professional student. (c) Two undergraduate students. (3) One academic advisor,
appointed by the dean of undergraduate education. The term of service is two
years. (4) Two administrators.
executive vice president and provost, or
designee. (a) The executive vice president and provost, or
designee. (b) A college-level curricular dean, appointed by the executive
vice president and provost. The term of service is two years. (B) Duties and
responsibilities. (1) Make recommendations
to the senate concerning the educational and academic policies of the
university (see rule 3335-5-41 of the Administrative Code). This responsibility
shall include, but shall not necessarily be limited to, the power to make
recommendations concerning the establishment, alteration and abolition of all
curricula and courses offered by the university or any division thereof; of all
degrees and certificates conferred under authority of the university or any
division thereof; and of all colleges, departments, and schools. It may conduct
such investigations and appoint such committees as are reasonably necessary to
carry out its responsibilities under this chapter. Committees appointed by this
council may be discharged by it at any time. (2) Initiate
recommendations to the senate and review all proposed changes in the
educational and academic policies of the university. In reviewing proposed
changes, the council shall: (a) Receive from the various colleges and schools, pursuant to
the exercise of their powers under rule 3335-5-14 of the Administrative Code,
proposals for the establishment, alteration or abolition of courses and
curricula, of departments, schools, and divisions within a college, and of
academic degrees (see rules 3335- 3-37, 3335-8-02, and 3335-8-03 of the
Administrative Code); (b) Receive from the graduate school, pursuant to the exercise of
powers conferred upon the graduate council by rule 3335-5-35 of the
Administrative Code, its proposals for the adoption, alteration or abolition of
graduate-credit courses and curricula, and of academic degrees administered by
it (see rules 3335-8-02 and 3335-8-03 of the Administrative Code). Upon proposals respecting courses and
curricula, the council shall act with finality subject to the rights of the
graduate school or of any college to bring the council's decision before
the senate for review. With respect to other submissions to it, the council
shall make its recommendations to the senate after notice thereof, in at least
abbreviated form, has been given in the official bulletin. Failure of the
council on academic affairs to act or to submit its recommendations will not
deprive the senate of power to review these other submissions. (3) Foster, as needed for
interdisciplinary programs involving two or more academic areas, the
establishment of faculty coordinating units reporting to the council. These
units shall perform coordinative functions similar to those of the faculty of
the college of arts and sciences (see rule 3335-5-27 of the Administrative
Code) and shall serve the interdisciplinary interest of academic programs both
within and among the several colleges of the university. (4) Appoint "ad
hoc" arbitration committees to help solve problems created by any major
reorganization of the academic structure of the university. The role of such
committees shall be: (a) To encourage discussion between and within groups of faculty
members of departments or schools when it is apparent that relocation in a
different organizational environment is a source of concern to some of these
groups; (b) To hear viewpoints and where necessary to take the lead in
the arbitration of problems of individuals or groups who feel their
professional development may be adversely affected by the revised
organization. If agreement cannot be reached by
consultation or arbitration, an arbitration committee may make a recommendation
to the senate through the council on academic affairs on what should be done to
solve the problem at issue from the standpoint of what is best for the
university. (5) Review the academic
organization of the university at five-year intervals to make certain it is
kept as closely attuned as possible to changing needs. Any suggestions for
modifications and improvements shall be reported to the senate. (6) Formulate and
announce a procedure to be followed in the establishment, alteration or
abolition of courses or curricula. (7) Review the
administration's proposals following the determination of a state of
financial exigency as provided under rule 3335-5-02.1 of the Administrative
Code. (C) Organization. (1) The chair of the
council shall be elected for a one-year term by the council from the membership
of the council. The vice chair of the council shall be elected for a one-year
term by the council from the membership of the council. The chair (or in that
person's absence, the vice chair) shall preside at all meetings of the
council. (2) Reports by the
council on academic affairs to the president, other than those made through the
senate, shall be made by the chair through the executive vice president and
provost. (3) As a standing
committee of the senate, this council is also governed by the provisions of
rule 3335-5-46 of the Administrative Code.
Last updated October 16, 2023 at 8:48 AM
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Rule 3335-5-48.2 | Library committee.
Effective:
September 20, 2022
(A) Membership. The library committee
shall consist of thirteen members. (1) Six faculty. (2) Three students. (a) One graduate
student, (b) One professional
student, and (c) One undergraduate
student. (3) Three administrators. (a) The dean of
university libraries, (b) Chief information
officer (or their designees), and (c) The vice president
for research (or their designees). (4) One staff member, appointed by the dean of the
university libraries in consultation with the university staff advisory
committee. (B) Duties and responsibilities. (1) Advise the dean of university libraries in the planning
and implementation of programs and policies supporting the educational,
research, and service activities of libraries and related units. (2) Articulate the librarys mission, goals, and
needs to the university administration. (3) Assist the dean of university libraries in the
assessment, improvement, and promotion of library and information services that
support the university community. (4) Advise the dean of university libraries on agreements
with publishers and information vendors that are in the best interest of the
university community. (5) Advise the appropriate administrative office on the
appointment of the dean of university libraries. (C) Organization. (1) The chair shall be elected from among the voting
members of the committee. (2) As a standing committee of the senate, this committee
is governed by the provisions of rules 3335-5-46 of the Administrative
Code.
Last updated September 20, 2022 at 8:52 AM
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Rule 3335-5-48.3 | Committee on academic technology.
Effective:
September 20, 2022
(A) Membership. The committee on academic technology shall
consist of eighteen members. (1) Eight faculty. (2) Three students. (a) One graduate
student, (b) One professional
student, and (c) One undergraduate
student. (3) Four administrators (or their designees). (a) The chief information
officer, (b) The vice president
for research, (c) The executive vice
president for research, innovation and knowledge, and (d) The chief digital
learning officer. (4) Three staff members. (a) Two staff members
shall be appointed by the university staff advisory committee, and
(b) One staff member shall be appointed by
the chief information officer. (B) Duties and responsibilities. (1) Advise the chief information officer in the planning
and implementation of academic technology programs and policies, including
those pertaining to education, research and service activities. (2) Assist the university administration in the
identification, review, and improvement of academic technology
infrastructure. (3) Advocate for academic technology infrastructure that is
inclusive, affordable, accessible, and user-friendly for faculty, students, and
staff. (4) Advise the appropriate administrative office on the
appointment of the chief information officer and the chief digital learning
officer. (C) Organization. (1) The chair shall be elected from among the voting
members of the committee. (2) As a standing committee of the senate, this committee
is governed by the provisions of rule 3335-5-46 of the Administrative
Code.
Last updated September 20, 2022 at 8:53 AM
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Rule 3335-5-48.4 | Council on student affairs.
Effective:
October 16, 2023
(A) Membership. The council on student affairs shall consist of
twenty-two members. (1) Six faculty, at least
two of whom are members of the senate. The term of service begins in summer
session. (2) Ten students. The
term of service begins in summer session. (a) Three graduate students. (b) Two professional students. (c) Four undergraduate students. Two of these students shall have
a term of service of one year. Two of these students shall have a term of
service of two years, with one student selected each year. (d) One student from a regional campus selected by the
undergraduate student government. (3) Three staff members,
appointed by the vice president for student life. The term of service is one
year and begins in summer session. (a) One non-voting student affairs staff member to act as the
secretary for the council. (b) A student affairs staff member from a regional
campus. (c) A college office student affairs staff member. (4) Three administrators,
non-voting. (a) The vice president for student life or designee. (b) The associate vice president for student life for planning
and student development. (c) The director of student activities or designee. (5) Alternates. Members of the council on student affairs may
have an alternate. The alternate shall be selected in the same manner as the
original appointment. The chair has responsibility for recording correct voting
status. If the member has voting status, the alternate may vote in the event of
the members absence. (B) Duties and
responsibilities. (1) Initiate
recommendations and review proposals regarding policies that may affect the
quality of student life. (2) Make regulations
pursuant to the rules of the university faculty, the bylaws, and the statutes,
insofar as they pertain to the quality of student life. (3) Advise the vice
president for student life regarding the programs, services, and activities of
the division. (4) Establish study
groups, committees, and other mechanisms as needed to explore issues affecting
the quality of student life and make recommendations regarding these issues to
the vice president for student life, the senate, and other appropriate
groups. (5) Advise other
university departments and administrative units regarding proposed changes
within those departments and units that may affect student rights and
responsibilities. (6) Approve policies that
govern the registration, rights, privileges, and obligations of student
organizations, including but not limited to fraternities and sororities,
student publications, and student government. This responsibility may be
delegated by the council to appropriate committees or administrative
agencies. (7) Serve as a channel of
communication for the work of all other committees, permanent and ad hoc, that
address issues within the domain of the council on student affairs and
establish mechanisms by which such committees report regularly to the council
on student affairs and through it to the university senate. (8) Conduct periodic
reviews of the application of the "Code of student conduct."
Recommend to the senate any proposed changes to the "Code of student
conduct." (9) Serve as the sole
administrative body for any student activity fees. This responsibility may be
delegated by the council to appropriate committees or administrative
agencies. (C) Organization. (1) The chair shall be
elected from among the incoming and continuing student members of the committee
during the last meeting of spring semester. For purposes of this election, all
incoming and continuing members shall be eligible to vote; incoming and
continuing members may choose alternates if necessary. (2) The council shall
establish operating procedures to conduct, in an orderly fashion, the functions
of the council. (3) As a standing
committee of the senate, this council is also governed by the provisions of
rule 3335-5-46 of the Administrative Code.
Last updated October 16, 2023 at 8:49 AM
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Rule 3335-5-48.5 | Athletic council.
Effective:
November 9, 2020
(A) The athletic council shall consist of
sixteen voting members with terms commencing July first and completing June
thirtieth. Incoming members of the council may attend meetings as non-voting
members immediately following appointment. (1) Eight faculty members. The term of service is four
years. (a) Four faculty members
selected by the faculty council. (b) Four faculty members
appointed by the president. (2) Four students. (a) One graduate student.
The term of service is one year. (b) One professional
student. The term of service is one year. (c) Two undergraduate
students. The term of service is two years with one student selected each year.
(3) Two alumni designated by the Ohio state alumni
association using procedures adopted by that body. The term of service is four
years and the terms are staggered so that one member retires every two
years. (4) Two staff members, one selected by the university staff
advisory committee and one by the president. The term of service is four years
with one staff member selected every two years. (5) Five ex-officio non-voting members or their
designees. (a) The director of
athletics (b) The vice president of
student life (c) The faculty athletics
representative (FAR) (d) The director of the
student athletics support services office (e) The president of the
student-athlete advisory council (B) Duties and responsibilities. (1) Develop, subject to the general authority of the
president and the board of trustees, policies governing intercollegiate
athletics, as the agent of the senate. The senate may hold university policies
in review. (a) University policies
shall guide the administration of the program of intercollegiate athletics by
the director of athletics, but the athletic council shall not serve in an
administrative or executive capacity. (b) It will consider and
establish policy on such matters as the income and expenditures budget, the
schedules for seasonal and post-seasonal play in relation to the effect upon
the welfare of the athletes, grants and other financial aid to athletes,
eligibility of athletes, student grievance procedures and sportsmanship
policies related to athletics, awards to athletes, recommended ticket prices,
ticket distribution, and public and campus relations of the athletic
program. (c) It will consider and
establish standing committees, an executive committee, and ad hoc committees to
consider athletic matters raised by any member of the university
community. (d) Its recommendations
and decisions on policy shall be reported to the senate and to the department
of athletics. (2) Participate with the president in the selection of the
FAR. The FAR shall provide advice and oversight for the intercollegiate
athletics program at Ohio state and represent the university and its faculty to
the Big Ten conference and the NCAA. The FAR also shall participate in the
assurance of academic integrity of the athletics program; monitor the
student-athlete experience; participate in the assurance of institutional
compliance with NCAA and Big Ten conference regulations; and serve as the
faculty advisor to the president and the director of athletics concerning the
administration of the collegiate athletics program. (a) When selecting a new
FAR, the athletic council shall prepare a list of no fewer than two tenured
faculty members who do not hold any position in the athletics department from
which the president shall select the FAR. (b) Eighteen months
before the June thirtieth end of the FAR final term, the chair of the athletic
council shall appoint a nominating committee which shall inform the university
community about the position of FAR and invite applications and nominations.
Brief recommendations in writing that state the candidate's qualifications
for the position are submitted to the nominating committee by any member of the
university community. Applications and nominations shall be due in accordance
with a schedule established by the nominating committee. Every reasonable
effort shall be made to present qualified candidates for vote by the athletic
council on or before June first. (c) Final approval of the
names submitted to the president shall be made by a two-thirds majority of the
voting membership of the athletic council. The list shall be presented to the
president and every reasonable effort shall be made to appoint the FAR- elect
on or before July first to allow one year of shadowing and transition between
FAR-elect and incumbent. The FAR-elect takes office one year after appointment
on July first. (d) The FAR-elect shall
shadow the incumbent FAR on selection and attend all meetings without voting
rights until their respective terms begin and end on July first. (e) The FAR term is four
years beginning July first. Reappointment for no more than two additional
four-year terms is permissible. If an incumbent FAR is eligible for and desires
reappointment, at least eighteen months prior to expiration of the term the
athletic council shall complete a review of the incumbent's performance.
If two-thirds of voting members are in favor of reappointment and the president
concurs the FAR shall be reappointed. Otherwise the athletic council shall
immediately prepare a list for the president following paragraphs (B)(2)(a) to
(B)(2)(d) of this rule. (f) The FAR is an
ex-officio non-voting member of the athletic council. The chair of the athletic
council or faculty designee shall serve as the FAR with full voting privileges
at NCAA, Big Ten, and other conference meetings if the FAR is
unavailable. (g) In the event that the
FAR does not complete a full term the FAR-elect shall complete the term. The
completion of a term does not constitute a four-year term for purposes of the
three-term limit in paragraph (B)(2)(e) of this rule. If there is no FAR-elect
the chair of the athletic council or designee shall serve as the interim FAR
until the appointment of a FAR-elect. Upon notice of a vacancy the athletic
council shall immediately prepare a list for the president following paragraphs
(B)(2)(a) to (B)(2)(d) of this rule. (C) Organization. (1) Reports by the athletic council to the president, other
than those made through the senate, shall be made through the director of
athletics. (2) As a standing committee of the senate, this council is
governed by the provisions of rules 3335-5-46 and 3335-5-48 of the
Administrative Code.
Last updated February 22, 2022 at 12:59 PM
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Rule 3335-5-48.6 | Council on enrollment and student progress.
Effective:
October 16, 2023
(A) Membership. The council on enrollment and student progress
shall consist of nineteen members. (1) Ten
faculty. (a) Seven faculty selected by the executive committee faculty
council. (b) Three faculty appointed by the president. (2) Six students. (a) Two graduate students. (b) Two professional students. (c) Two undergraduate students. (3) One staff member,
appointed by the university staff advisory committee. (4) Two administrators.
Non-voting, appointed by the executive vice president and provost, or designee,
to serve as administrative liaison for the council. One administrator shall
represent the office of academic affairs and one shall represent enrollment
services. (B) Duties and
responsibilities. (1) Initiate
recommendations and review proposals with regard to policies which affect the
characteristics of the student body. The council shall address issues with
regard to enrollment planning for undergraduate, graduate, and professional
student enrollment. In addition, the council shall address issues related to
undergraduate students in regard to recruitment, competitive admissions,
intra-university transfers, financial aid, and retention, and coordinate any
resulting actions with issues concerning graduate and professional students.
Recommendations and advice will be provided to appropriate administrators and
offices. (2) Initiate
recommendations and review proposals with regard to policies which affect the
processes by which undergraduate students enroll, register, and carry out other
administrative functions related to the completion of their coursework and/or
degree requirements. Recommendations and advice shall be provided to
appropriate administrators and offices. (3) Initiate
recommendations and review proposals with regard to policies and procedures
pertinent to students' passage through the institution, including, but not
limited to, the university calendar, student records, approval of transfer
credit, and semester, summer term, or session-end validation
procedures. (4) Encourage the
collection of data and participate in the analysis of data which will support
the development of informed policies on issues within the council's domain
and include a summary of such data in the annual report to the
senate. (5) Serve as a channel of
communication for the work of all other committees, permanent and ad hoc, which
address issues within the domain of the council of enrollment and student
progress and establish regular mechanisms by which such committees report
regularly to the council on enrollment and student progress and through it to
the university senate. (C) Organization. (1) The chair and
chair-elect shall be elected from among the voting members. The chair-elect
shall serve as vice chair. (2) Reports by this
council to the president, other than those made through the senate, shall be
made through the executive vice president and provost. (3) As a standing
committee of the senate, this council is also governed by the provisions of
rule 3335-5-46 of the Administrative Code.
Last updated October 16, 2023 at 8:49 AM
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Rule 3335-5-48.7 | Committee on academic misconduct.
Effective:
October 11, 2023
(A) Membership. The committee on academic misconduct shall
consist of sixty-two members. (1) Thirty faculty, at
least half of whom shall be tenure-track faculty. Faculty members are eligible
for reappointment, but may not serve more than two consecutive
terms. (2) Thirty
students. (a) Fifteen graduate students. (b) Fifteen undergraduate students. The term of service shall
begin with the summer term. (3) Two
administrators. (a) The vice president for student life or designee,
non-voting. (b) The director of the office of the committee on academic
misconduct, appointed by the executive vice president and provost, who shall
not participate in the decisions of the committee. The director may recommend
student members for approval by the appointing body, as specified in paragraph
(B)(1) of rule 3335-5-46 of the Administrative Code. (4) Alternate
members. Faculty and students who have been regular
members of the committee during the previous three years shall be eligible to
be alternate members, providing they remain at the university in their same
category. (B) Duties and
responsibilities. (1) Investigate or
establish procedures for the investigation of all reported cases of student
academic misconduct, with the exception of cases in a professional college
having a published honor code, and decide upon suitable disciplinary action.
(The term "academic misconduct" is defined in paragraph (A) of rule
3335-23-04 of the Administrative Code.) Instructors shall report all instances
of alleged academic misconduct to the committee. (2) Investigate all cases
of lax or irregular methods of conducting examinations that might tend to
promote academic misconduct on the part of students, with the exception of
cases in a professional college having a published honor code. The committee
shall report its findings in these cases to the executive vice president and
provost. (3) Serve as a consultant
on questions of academic misconduct for any professional college having a
published honor code. (Note: this committee shall not have jurisdiction over
cases involving student academic misconduct in professional colleges having
published honor codes. These colleges shall follow their own codes in
investigating reported cases of academic misconduct and in determining suitable
disciplinary action. When the action taken involves suspension, dismissal, or
entry on the student's permanent record, a recommendation to that effect
shall be made to the executive vice president and provost for review and
action.) (C) Organization. (1) The committee on
academic misconduct is authorized to: (a) Establish panels of its members which will conduct hearings
and make decisions with the same authority as the committee
itself; (b) Establish rules and procedures to conduct hearings, including
the definition of a quorum. (2) If the caseload of
the committee should from time to time become such that cases cannot be set for
hearing within four weeks (excluding periods of examinations or between
vacations and recesses between semesters, terms, or sessions), the chair shall
be empowered to ask alternate members to serve voluntarily and temporarily as
members of hearing panels. (3) As a standing
committee of the senate, this committee is also governed by the provisions of
rule 3335-5-46 and of the Administrative Code.
Last updated October 11, 2023 at 8:42 AM
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Rule 3335-5-48.8 | Committee on honorary degrees.
Effective:
October 16, 2023
(A) Membership. The committee on honorary degrees shall consist
of seven tenure-track faculty members. There shall be no more than two faculty
members from the same college. The term of service is five years. (B) Duties and
responsibilities. (1) Establish definite
standards of scholarly attainment or of the distinctive applications of such
attainment in the service of society by which to judge the qualifications for
this honor. (2) Establish procedures
for the nomination of potential candidates for honorary degrees. (3) Receive nominations
concerning persons who might be considered for an honorary degree. (4) Review thoroughly the
achievements and qualifications of all persons nominated. (5) Report to the
university senate for its consideration and action such persons as have
received no fewer than four affirmative votes from the committee
membership. (6) Keep all
deliberations and votes confidential except where publication is necessary for
official purposes. (7) Deliver the full
dossier of each candidate and the nomination report of the committee on
honorary degrees to the secretary of the university senate who shall distribute
the nomination report to all members of the university senate. (a) This report shall include a statement that conveys the
committee's rationale for the nomination, pertinent details concerning the
qualifications of the candidate, and the name of the sponsoring department or
academic unit. (b) A ballot shall be attached to the nomination report and
shall be returned to the secretary of the university senate within a time
prescribed on the ballot, but in no case less than two weeks from the date that
the committee report is distributed. (c) The secretary of the university senate shall transmit
to the president the nominations, together with the appropriate section of the
reports from the committee on honorary degrees, for those candidates who are
endorsed by a majority of the ballots cast by the members of the university
senate. (C) Organization. (1) The executive vice
president and provost, or designee, shall serve as liaison between this
committee and the president. (2) As a standing
committee of the senate, this committee is also governed by the provisions of
rule 3335-5-46 of the Administrative Code.
Last updated October 16, 2023 at 8:49 AM
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Rule 3335-5-48.9 | Committee on academic freedom and responsibility.
Effective:
October 16, 2023
(A) Membership. The committee on academic freedom and
responsibility shall consist of eight members during autumn and spring
semesters and ten members from May to the beginning of autumn semester. (1) Seven faculty, at
least four of whom are members of the senate or members-elect at the time of
their selection by the faculty council. The term of service begins in the
summer term following election and extends through the summer term following
the third year of service. (2) One graduate
teaching, research, or administrative associate. (B) Duties and
responsibilities. (1) Study all conditions
which may affect the academic freedom or responsibility of the faculty of the
university, including, but not limited to: (a) The review of proposed changes in Chapter 3335-6 of the
Administrative Code (rules of the university faculty concerning faculty
appointment, reappointments, promotion and tenure); and (b) Such changes in the office of academic affairs policies and
procedures volume three promotion and tenure as may impinge upon academic
freedom, responsibility, or tenure. If the committee finds that any such
condition or proposed change adversely affects academic freedom,
responsibility, or tenure, it shall report that finding promptly to the senate
for its review. (2) Hear and investigate
complaints by individual faculty members concerning alleged infringements upon
academic freedom or responsibility in the university; report findings and
recommendations to the parties involved with the hope of mediating a dispute
and report to the senate if further action by the senate is
appropriate. (3) Hear and investigate
complaints by individual faculty members concerning alleged improper evaluation
under the procedures of rule 3335-5-05 of the Administrative Code. (C) Organization. (1) A quorum consists of
four members. (2) As a standing
committee of the senate, this committee is also governed by the provisions of
rule 3335-5-46 of the Administrative Code. (3) Graduate student
member is recused in cases pertaining to promotion and tenure of faculty
members.
Last updated October 16, 2023 at 8:50 AM
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Rule 3335-5-48.10 | Faculty hearing committee.
Effective:
October 16, 2023
(A) Membership. The faculty hearing committee shall consist of
twenty-four tenured members of the faculty selected by the faculty council.
Each elected person shall serve a four-year term as a regular member followed
by a one-year term as an alternate member. (B) Duties and
responsibilities. (1) Conduct hearings on
appeals by respondents charged under rule 3335-5-04 of the Administrative Code
following the procedures of this rule. (2) Conduct hearings on
complaints of alleged improper evaluation based upon reasons or considerations
that infringe a constitutional right of the complainant following procedures of
paragraph (C)(4) of rule 3335-5-05 of the Administrative Code. (3) Conduct hearings on
allegations of improper evaluation based upon inadequate consideration of the
pertinent facts by the individual(s) making the decision following procedures
of paragraph (C)(5) of rule 3335-5-05 of the Administrative Code. (4) Conduct hearings on
an appeal of a tenured, non-probationary clinical/teaching/practice, or
research faculty member because of termination of appointment during financial
exigency following procedures of paragraph (B) of rule 3335-5-02.3 of the
Administrative Code. (C) Organization. (1) The chair shall
select three members of the committee to sit on each hearing panel. If
disqualifications or case loading should require their service, alternates may
be assigned to hearing panels. (2) The chair of the
hearing committee shall rule on any objection by any party to the proceedings
that a member of the panel should be replaced because of a relationship to one
of the parties, a prior or current involvement with the facts or issues, or
personal bias which may introduce prejudice. (3) A panel member or
alternate may recuse himself or herself for any of the reasons stated in
paragraph (C)(2) of rule 3334-5-48.10 of the Administrative Code. (4) A hearing panel shall
select as presiding officer who shall have responsibility to direct the
proceedings of the panel, and to advise panel members on such university rules
and procedures as the panel members may deem necessary. The presiding officer
shall be a member of the panel and faculty hearing committee. (5) As a standing
committee of the senate, this committee is also governed by the provisions of
rule 3335-5-46 of the Administrative Code.
Last updated October 16, 2023 at 8:50 AM
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Rule 3335-5-48.11 | Fiscal committee.
Effective:
September 20, 2022
(A) Membership. The fiscal committee shall consist of twenty-six
members. (1) Nine faculty
members. (a) Eight faculty, at least one of whom is a department chair,
and at least two of whom are members of the senate, selected by the faculty
council. (b) One faculty appointed by the president. (2) Six students. The
term of service is two years. (a) One graduate student. (b) One professional student. (c) Four undergraduate students at least two of whom are members
of the senate. (3) Three staff members.
The term of service is three years. (a) Two staff members with extensive fiscal and budgetary
experience and expertise, one selected by the faculty council in consultation
with the university staff advisory committee, and one selected by the council
of deans. (b) One staff member appointed by the president. (4) Eight
administrators. (a) Two central administration officials appointed by the
president. These members are non-voting. (b) The dean of arts and
sciences. (c) A regional campus
dean, selected by the council of deans. (d) Two deans selected by the council of
deans. (e) The executive vice president and provost, or designee.
This member is non-voting. (f) The senior vice president and chief financial officer,
or designee. This member is non-voting. (B) Duties and
responsibilities. The committee shall have full access to all
fiscal documentation necessary to perform the following functions: (1) Review, on a
continuing basis, the fiscal policies and resources of the
university; (2) Advise the president
on the alternatives and strategies for the long-term and short-term allocation
of university resources consistent with maintaining the missions of the
university; (3) Analyze resources and
budgets from an overall university-wide perspective; (4) Analyze resources and
budgets in detail for centrally supported vice presidential units; (5) Advise the president,
in the event of an imminent financial crisis, whether a determination of
financial exigency is warranted; and (6) Report annually to
the faculty council and the senate on the budgetary and fiscal condition of the
university. (C) Organization. (1) The committee shall
annually elect a chair from its faculty membership. (2) As a standing
committee of the senate, this committee is also governed by the provisions of
rules 3335-5-46 and 3335-5-48 of the Administrative Code.
Last updated September 20, 2022 at 8:53 AM
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Rule 3335-5-48.12 | Faculty compensation and benefits committee.
Effective:
October 16, 2023
(A) Membership. The faculty compensation and benefits committee
shall consist of fifteen members. (1) Twelve faculty, at
least two of whom are members of the senate. (2) Two
administrators. (a) The executive vice president and provost, or
designee. (b) The vice president for human resources, or
designee. (3) An emeritus member
from the regular tenure-track faculty appointed annually by the president in
consultation with the Ohio state university retirees association. (4) Additional non-voting
members and consultants from the university, serving at the discretion of the
voting members of the committee. (B) Duties and
responsibilities. Study the adequacy and other attributes of the
university's policies and provisions for: (1) Salaries, outside
professional services and supplemental compensation; (2) Retirement benefits,
hospitalization and medical insurance and other health benefits, life
insurance, other insurance, travel reimbursement, educational benefits,
recreational benefits, and other perquisites, benefits, and conditions of
faculty employment. (C) Organization. (1) The committee shall
designate two standing subcommittees to concentrate, respectively,
on: (a) Faculty salaries and related matters; (b) Faculty benefits. (2) As a standing
committee of the senate, this committee is also governed by the provisions of
rule 3335-5-46 of the Administrative Code.
Last updated October 16, 2023 at 8:50 AM
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Rule 3335-5-48.14 | University research committee.
Effective:
October 16, 2023
(A) Membership. The committee shall consist of twenty-one voting
and four non-voting members. (1) Fifteen faculty
members drawn from no less than eight colleges. Faculty with joint appointments
across colleges may be chosen to represent either college. The term of service
is three years. (a) Eleven faculty members appointed by the executive committee
of faculty council, at least three of whom are members of the senate and at
least one of whom is a distinguished university professor or Ohio eminent
scholar or national academy member, and at least two of whom are non-tenure
track (clinical, research faculty). (b) Four faculty members appointed by the president. (2) One research
scientist, or comparable staff member engaged in research, appointed by the
vice president for research. The term of service is three years. (3) Four student
appointed by the respective governing bodies to one-year terms. (a) Two graduate students. (b) One undergraduate student. (c) One professional student. (4) One post-doc
appointed by the Ohio state university postdoctoral association (OSU PDA). The
term of service is one year. (5) Four non-voting members.
(a) The vice-president for research, or designee. (b) The dean of the graduate school, or designee. (c) The senate fiscal committee chair, or designee. (d) One post-doc appointed by OSU PDA. (6) The committee may
vote to add any individual to a non-voting advisory role on an annual
basis. (B) Duties and
responsibilities. (1) Encourage and
stimulate scholarly research and creative activity and foster a close
relationship between education and scholarly research. (2) Advise the vice
president for research. (3) Review, on a
continuing basis, the policies and practices governing the conduct of research
and scholarly activity. (4) Coordinate with the
governing bodies of the graduate school and with the office of undergraduate
research. (5) Make recommendations
concerning the establishment, affiliation or abolition of centers or comparable
organization that are primarily engaged in research. (6) Collaborate in
reviews of the budget of the office of research undertaken by the senate fiscal
committee. (C) Organization. (1) The committee shall
annually elect a chair from its faculty membership in the spring semester
preceding the academic year of service for no more than three consecutive
one-year terms. (2) As a standing
committee of the senate, this committee is also governed by the provisions of
rule 3335-5-46 of the Administrative Code.
Last updated October 16, 2023 at 8:51 AM
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Rule 3335-5-48.15 | Council on the physical environment.
Effective:
October 16, 2023
(A) Membership. The council on the physical environment shall
consist of sixteen members. (1) Seven faculty
members. (a) Five faculty members selected by the faculty
council. (b) Two faculty members appointed by the president. (2) Four
students. (a) One graduate student. (b) One professional student. (c) Two undergraduate students, one representing on-campus
students and one representing off-campus students. (3) Two staff members
appointed by the steering committee upon the recommendation of the staff
advisory committee. (4) Three non-voting
administrators, or their designee. (a) The senior vice president for administration and
planning. (b) The senior vice president for business and
finance. (c) The executive vice president and provost. (B) Duties and
responsibilities. (1) Take a broad and
encompassing perspective on the physical environment of the university as it
affects the academic enterprise and quality of life for the university
community. Propose policies, review and recommend action regarding proposed
major projects, and consult with university administration about matters within
its domain. (a) Teaching and learning environment: adequate classroom and
teaching laboratory space; priorities for new construction to advance the
academic enterprise; and priorities for renovation of academic facilities,
especially classrooms and teaching laboratories. (b) Movement around campus: policies and projects to ease
movement around campus by all relevant means, including but not limited to
pedestrian, bicycle, motorized traffic, and mass transportation; policies and
proposals concerning parking, public safety including institutional security,
fire safety, risk reduction, and personal safety. (c) The campus and the university district environment:
activities undertaken to facilitate campus master planning and to implement the
plans adopted; initiatives undertaken to advance the objectives of improving
conditions in the university district, and activities of affiliated entities to
promote these initiatives. (2) Recommend items for
senate action, review matters within its purview, hear periodic reports from
relevant university organizations and administrative offices, and report
annually to the senate. (C) Organization. (1) The committee shall
elect a chairperson from among its voting members. A chairperson shall serve a
one-year term, and no more than one additional one-year term if
reelected. (2) As a standing council
of the senate, this committee is also governed by the provisions of rule
3335-5-46 of the Administrative Code.
Last updated October 16, 2023 at 8:51 AM
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Rule 3335-5-48.16 | Diversity committee.
Effective:
October 16, 2023
(A) Membership. The diversity committee shall consist of
seventeen members. (1) Nine
faculty. (a) Six faculty selected by the faculty council. (b) Two faculty appointed by the president. (c) The past-chair of the committee, non-voting. (2) Three students. (a) One graduate student. (b) One professional student. (c) One undergraduate student. (3) Three staff members.
(a) Two staff members selected by the university staff advisory
committee. The term of service is three years. (b) One staff member appointed by the president. The term of
service is three years. (4) Two non-voting
administrators, or their designees. (a) The executive vice president and provost. (b) The associate vice president for human
resources. (B) Duties and
responsibilities. The committee shall study issues that relate to
the implementation of the university nondiscriminatory policy. It shall
recommend policies that foster an environment of civility, tolerance, and
mutual respect. It shall perform the following functions with appropriate
administrative support from the office of academic affairs and the office of
human resources. (1) Study and evaluate
issues affecting diversity from an overall university perspective. (2) Be informed on
external requirements on the university affecting diversity. (3) Advise the president,
the executive vice president and provost, the associate vice president for
human resources, and the vice president for student life about the
institutional climate, policies, and priorities for ensuring justice, fairness,
and equitable treatment to all members of the university. (4) Educate and inform
the university community on issues of diversity, including the letter and
spirit of all Ohio and federal rules regarding members of protected
classes. (5) Oversee
administration of university affirmative action grants and awards. (6) Report annually to
the university senate. (C) Organization. (1) The committee shall
elect a chair from among its voting members. (2) As a standing
committee of the senate, this committee is also governed by the provisions of
rules 3335-5-46 and 3335-5-48 of the Administrative Code.
Last updated October 16, 2023 at 8:51 AM
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Rule 3335-5-48.17 | Committee for evaluation of central administrators.
Effective:
October 16, 2023
(A) Membership. The committee for evaluation of central
administrators shall consist of eight members. (1) Six tenured faculty
members appointed in the spring by the president from a slate nominated by the
executive committee of faculty council. (a) The term of service is three years. Members shall not
be reappointed to a second term until they have been off the committee for at
least two years, except that a member may be reappointed immediately if that
person was appointed to fill a vacant position with a remaining term of less
than two years. (b) A chair will be elected each spring from among the
faculty members serving on the committee. (2) Two administrators,
appointed by and serving at the pleasure of the president. The term of service
is three years. (B) Duties and
responsibilities. (1) During spring
semester, the executive committee of faculty council, on behalf of the steering
committee, shall meet with the president and provost to identify two central
administrators for review. All senior central administrators, such as vice
provosts and members of the president's cabinet, are eligible to be
reviewed. (2) The review panels
shall be responsible for evaluating the effectiveness of the central
administrator and the office in carrying out the responsibilities of the
office. The review will begin no later than the start of autumn semester of the
following academic year, and finish no later than the end of
December. (3) The review panel
will, after its review and evaluation, present a written report to the
president and provost. The review panel will also send a copy of the written
report to the person being reviewed and will inform the steering committee that
the review process has been completed. (4) The chair of the
committee shall monitor the activities of the review panels and advise the
review panels on matters of procedure. (C) Organization of review
panels. In the spring preceding the academic year in
which the review is to be conducted, the committee shall organize itself into
two review panels, each review panel to be organized as follows: (1) Three faculty members
from the committee, one of whom is designated by the president or provost, in
consultation with the committee chair, as chair of the review
panel. (2) One administrator
from the committee. (3) One student member
appointed by the provost if a vice provost or senior vice provost is under
review or by the president if a vice president or senior vice president is
being reviewed. (4) One staff member
appointed by the provost if a vice provost or senior vice provost is under
review or by the president if a vice president or senior vice president is
being reviewed. (5) One to three
additional regular faculty members, if needed, nominated by the committee chair
and appointed by the president or provost after consultation with the
committee.
Last updated October 16, 2023 at 8:52 AM
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Rule 3335-5-48.18 | Graduate associate compensation and benefits committee.
Effective:
October 11, 2023
(A) Membership. The graduate associate compensation and benefits
committee shall consist of eleven voting members. (1) Six funded graduate
students, one of whom preferably will be a member of the graduate council and
one of whom must be a member of the university senate. Each shall have a term
of service of one year with reappointment to consecutive terms
encouraged. (a) There shall be at least one current or former graduate
teaching associate. (b) There shall be at least one current or former graduate
research associate. (c) There shall be at least one current or former graduate
administrative associate. (d) There shall be at least one current or former fellowship
recipient. (2) Two
faculty. (a) One faculty member from, and selected by, the graduate
council. (b) One faculty member, who is also a senator, selected by the
executive committee of faculty council. (3) Three
administrators. (a) The dean of the graduate school, or designee. (b) The vice president for human resources, or
designee. (c) The vice president for research, or designee. (4) One department,
school, center or college-level staff member with extensive fiscal and
budgetary experience and expertise, selected by the council of deans,
non-voting. (5) Additional non-voting
members and consultants from the university, serving at the discretion of the
voting members of the committee. (B) Duties and
responsibilities. (1) Study the adequacy
and other attributes of the university's policies and provisions including
stipends, outside professional services, and supplemental
compensation. (2) Conduct research and
provide advice on economic support of graduate associates, professional
development, quality and design of benefit programs, and appointment
terms. (3) Make recommendations
to the university senate, the graduate council, the graduate school, and the
office of academic affairs as appropriate. (C) Organization. (1) The committee shall
annually elect a chair from its regular student membership. (2) As a standing
committee of the senate, this committee is also governed by the provisions of
rule 3335-5-46 of the Administrative Code.
Last updated October 11, 2023 at 8:43 AM
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Rule 3335-5-48.19 | Committee on intellectual property, patents, and copyrights.
Effective:
October 16, 2023
(A) Membership. The committee on
intellectual property, patents, and copyrights shall consist of eleven
members. (1) Eight faculty
members: four tenured faculty, two probationary tenure-track faculty, and two
non-tenure track faculty from any of the categories. Each member is to serve
three years with one-third of the members rotating off each year. (a) Five faculty members appointed by the executive
committee of faculty council. (b) Three faculty members appointed by the university
president in consultation with faculty leadership. (2) One graduate
student. (3) Two administrators,
or their designees. (a) The vice president for technology
commercialization. (b) The vice president for research. (B) Duties and
responsibilities. (1) Review, recommend,
and advise the university senate on matters relating to the university policy
on intellectual property, patents, and copyright and faculty rules 3335-13-06
and 3335-13-07 of the Administrative Code. (2) Convene at least
twice per year to review the procedures used in implementing and administering
the university policy on intellectual property, patents and copyrights, and
where deemed necessary, develop and recommend changes in standards and
procedures to the vice president for technology commercialization, the vice
president for research, the executive vice president and provost, and other
appropriate officers of the university. (3) Consult with the vice
president for technology commercialization, the vice president for research
when requested. (4) Serve as a board to
which a researcher may appeal actions of the vice president for technology
commercialization, subject to appropriate review of the standards and
procedures contained in the policy on patents and copyrights. (C) ) Organization. (1) The chair shall be
elected from among the continuing faculty members of the committee each
spring. (2) As a standing
committee of the senate, this council is also governed by the provisions of
rules 3335-5-46 and 3335-5-48 of the Administrative Code.
Last updated October 16, 2023 at 8:52 AM
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Rule 3335-5-49 | Other committees of the university.
(A) Other committees of the university may be designated by the board of trustees or, subject to the approval of the board of trustees, the president or university senate. These committees shall have no direct affiliation with the senate. (B) Unless otherwise specified by rule, the president shall appoint the members of these committees.
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Rule 3335-5-49.4 | Ohio faculty council.
Effective:
October 20, 2009
(A) The university's representation to the Ohio faculty council (OFC) shall be the chair of faculty council and the chair of the senate university senate government affairs committee. The chair of the university senate steering committee and the secretary of the university senate shall serve as alternates. (B) The representatives to the OFC shall report annually to the senate.
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