Chapter 3339-16 | University Property

Rule 3339-16-01 | Alcohol and university property.

• Effective: November 3, 2023
• Promulgated Under: 111.15

(A) Legal and responsible use of alcohol

The right to acquire, possess, and consume alcoholic beverages is limited by laws that establish minimum drinking ages, drinking and driving laws, and so on. Miami university also has established policies on alcohol use on campus and by campus groups. It is incumbent on students, faculty, and staff to become knowledgeable regarding these policies, whether for individual decision making or for planning programs and events for a department or organization, including student organizations

(B) On-campus consumption of alcoholic beverages compliance with law

All on-campus possession and consumption of alcoholic beverages must be conducted in accordance with Ohio law and university policy regarding the possession, sale, and consumption of alcohol. Specifically:

(1) Individuals under the age of twenty-one may not purchase, possess, or consume beer, wine, or intoxicating liquor. It is also against the law for any person to furnish beer, wine, or intoxicating liquor to any person under twenty-one years of age.

(2) No person shall have in his or her possession any open container of beer, wine, or intoxicating liquor in any public place except where the alcoholic beverage has been lawfully purchased for consumption on the premises of the holder of the appropriate permit from the state department of liquor control.

(3) Only beer and wine (no intoxicating liquor) may be served at on-campus events to which students are invited. Exceptions must be approved, in writing, by the senior vice president for finance and business services.

(C) Alcohol guidelines for faculty and staff

(1) Only those twenty-one and older may consume alcohol.

(2) Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.

(3) Alcohol in unlicensed Miami university facilities requires a temporary periot from the Ohio department of commerce. Please contact conference and event services with a minimum of thirty days advance notice to secure the permit. Events utilizing a temporary license may not serve unlimited drinks for a flat fee or one-time admission charge. A ticketing system must be utilized to comply with rule 4301: 1-1-50 of the Administrative Code.

(D) Faculty and staff

(1) General rules

In the presence of students, faculty and staff are expected to model responsible adult behavior by either abstaining from the use of alcohol or consuming alcohol in moderation. At no time should a member of the faculty or staff be intoxicated in the presence of students or at a university event. In addition:

(a) University faculty and staff may not purchase alcohol for undergraduate students even if the student is of legal age to consume alcohol. This prohibition applies both on and off-campus, including restaurants, bars, athletic events, alumni events, events with cash bars and study away/ abroad trips.

(b) Although strongly discouraged, faculty and staff who elect to purchase or serve alcohol to graduate students do so at their own risk and bear full legal responsibility. Faculty are encouraged to educate themselves about the laws regarding civil liability and to be aware that those who serve alcoholic beverages to underage students may be charged criminally. Faculty who elect to serve graduate students who are of age in their home are strongly encouraged to have a tips trained bartender who can ensure that alcohol is only dispensed to participants who are twenty-one years of age or older and that only a modest amount of alcohol is served.

(c) Faculty and staff should not accompany graduate or undergraduate students to restaurants, bars, clubs, and fraternity houses etc., where they are aware that underage drinking is taking place or where students are intoxicated.

(d) Faculty and staff advisers to student organizations must be especially careful to encourage the student organization to adhere to university policy and civil law concerning the use of alcohol, and must never join them in breaking the law. Rather, they should encourage students to obey civil law and university policy concerning the use of alcohol and help them to understand how to use alcohol in a legal and responsible manner.

(2) Alcohol at university sponsored events on-campus

This rule does not apply to intercollegiate athletics sponsored sporting events held in ICA venures on campus. When a department, institute, center, or other university office invites students to a university gathering/event held on-campus, the following will apply:

(a) Events held in licensed university facilities:

(i) Alcohol may only be provided through the facility and must be dispensed by tips trained bartenders.

(ii) Only those twenty-one and older may consume alcohol.

(iii) The event must also include nonalcoholic beverages as an alternative to alcohol and hors d'oeuves must be served.

(iv) If the event is scheduled to last longer than two hours, a meal must be provided, and the bar closed at least one-half hour before the event ends.

(v) If a flat fee for attendance is charged (e.g., ticket is thirty-five dollars), the cost of the alcoholic drinks must be borne by individual consumers (e.g., cash bar) and may not be included in the fee.

(vi) Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.

(vii) University faculty and staff may not purchase alcohol for students.

(b) Events held in other university facilities:

(i) Alcohol must be purchased from the university and may not be "carried in" by faculty or staff. Alcohol must be dispensed by tips trained bartenders provided by university catering.

(ii) Only those twenty-one and older may consume alcohol.

(iii) No admission fee may be charged and no alcohol may be sold (e.g. no cash bars).

(iv) The hosting department must also provide nonalcoholic beverages as an alternative to alcohol and non-salty snacks must be served.

(v) Events may not be scheduled to last longer than ninety minutes.

(vi) Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.

(vii) The approval of the senior vice president for finance and business services is required. Please submit request via the form for request for alcohol events held at other facilities.

(c) Alcohol at university sponsored events off-campus

When a department, institute, center, or other university office invites students to a university gathering/event to be held in an off-campus facility (e.g. restaurant, bars, clubs) the following rules apply:

(i) University faculty and staff may not purchase or provide alcohol for prospective, undergraduate, or graduate students even if the student is of legal age to consume alcohol.

(ii) Only those twenty-one and older may consume alcohol.

(iii) Departmental funds (including program fees) may not be used to purchase alcohol. Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.

(E) On-campus events sponsored by alcohol companies where alcohol is not served

(1) The promotion and advertising of events sponsored by alcohol companies must be in accordance with Miami university policies. The main focus of such events must not be on promoting and advertising the use of the product.

(2) No alcoholic beverages may be given as prizes or awards.

(3) While listing the name of the company is permissible, symbols of alcohol may not be displayed on posters, signs, banners, or other advertisements for events. No advertisements featuring foaming mugs, cans, glasses, or kegs will be allowed.

(4) Promotion of events sponsored by alcohol companies must not encourage alcohol abuse or emphasize frequency or quantity of use.

(5) Advertising, both for promotion of events and for products, either on campus or in institutional media, should not portray drinking as a solution to personal or academic problems or as a necessary ingredient to social, sexual, or academic success. In addition, it should avoid demeaning or discriminatory portrayals of individuals or groups.

(6) Advertising or promotion of campus events should not associate the consumption of alcoholic beverages with the performance of tasks requiring skilled reactions, such as the operation of motor vehicles or machinery.

Last updated November 3, 2023 at 7:48 AM

Supplemental Information

Authorized By: 3339.15
Amplifies: 3339.15
Prior Effective Dates: 9/30/1999

Rule 3339-16-03 | Use of bicycles and personal transportation devices.

• Effective: October 1, 2019
• Promulgated Under: 111.15

Miami university is committed to creating a sustainable and safe campus. As part of these efforts, Miami university regulates the use of personal transportation devices on university property.

(A) Types of personal transportation devices

Permissible personal transportation devices include the following:

(1) Bicycles, unicycles, tricycles, and similar vehicles regardless of the number of wheels

(2) Class one or two electric bicycles

(3) Skates, including in-line skates, rollerblades, and roller skates

(4) Skateboards or other wheeled boards of any size or type

(5) E-scooters with restrictions (see rule 3339-16-18 of the Administrative Code)

(B) Prohibited personal transportation devices

Prohibited personal transportation devices include the following:

(1) Segways

(2) Golf carts and ATVs

(3) Bicycles with helper motors (mopeds)

(4) Any other motorized personal transportation device

(C) Restrictions

Prohibited personal transportation devices including golf carts, segways, electronic skateboards and self-balancing skateboards (commonly referred to as hover-boards) may not be used on university property.

University owned and operated small motorized transportation devices (e.g. golf carts and ATVs) may only be used in the course of conducting official university business.

Personal transportation devices may not be used inside of any university buildings and facilities-including academic buildings and residence halls.

This rule does not prohibit the use of motorized wheelchairs, segways, or small motorized personal transportation devices if being used to accommodate a person with a disability or a baby stroller when being used for the purpose of transporting a child.

(1) Individual responsibility

Individuals will be held personally responsible for any damage caused to university property as a result of the operation of a personal transportation device on university property. Individuals assume the risk of personal injury and death and will be held responsible for any injuries to themselves or others as a result of any violation of this rule or the improper operation of any personal transportation device on university property.

(2) Safety rules

(a) In areas where designated bicycle paths are provided, bicycles and e-scooters may only be ridden in such designated bicycle paths and not on adjacent sidewalks.

(b) Pedestrians have the right of way at all times.

(c) Users of personal transportation devices must comply with all applicable laws, including official traffic control devices and signs. Users must dismount and walk when crossing streets and roads and in any pedestrian accessible area.

(d) Users are strongly encouraged to wear helmets and eye protection and ensure that their devices have appropriate rear and side reflective devices. Headlights and headlamps should be used between sunset and sunrise.

(e) The use of earphones while using a personal transportation device is prohibited.

(3) Parking

(a) Motorized personal transportation devices may not be parked inside campus buildings except or residence hall rooms. Bicycles should be parked in bicycle racks or residence hall bike storage rooms.

(b) Chaining or securing a bicycle to any object or structure other than a bicycle rack is prohibited.

(c) Personal transportation devices may not be parked in such a manner as to hinder the safe flow of pedestrian or vehicular traffic, block access to fire hydrants or emergency phones, in bus stops, driveways, parking zones or parking lots. Personal transportation devices parked in violation of this section may be removed by the university and/or immobilized. An impound fee of twenty-five dollars will be assessed and a five dollar daily fee will accrue until the personal transportation device is retrieved. Miami university is not responsible for damage to personal transportation devices or locks incurred during removal.

(d) All personal transportation devices must be removed from campus at the end of spring semester. Personal transportation devices left on university property for more than five days following spring graduation will be considered abandoned property. These devices will be impounded and disposed of.

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1
Prior Effective Dates: 12/6/2018

Rule 3339-16-04 | Buildings and grounds.

• Effective: November 12, 2024
• Promulgated Under: 111.15

(A) Use of buildings and grounds

Use of space or grounds for purposes other than those for which they have been designated is not permitted. The university cannot permit the use of state owned equipment or facilities for any kind of non-sanctioned private instruction or other type of non-sanctioned private enterprise. This regulation does not cover activities that are an integral part of the regular teaching load or other official assignment of members of the staff.

(B) Access to buildings

The hours and days of public operation for each Miami university building are posted on main entrance doors of the building. Please observe the posted hours when planning use of the building by the general campus community. In addition to having access to the building during the times of general operations, those individuals who have after-hours access to the exterior doors of a building may use the building at times and on days other than those that are posted.

(C) Maintenance of building and grounds

All work done on buildings, grounds, and other fixed facilities of the university is done by the physical facilities department unless other arrangements are approved by the senior vice president for finance and business services.

(D) Installation of camperas on university property

The university may install observation cameras on university property to protect resources, enhance safety and assist in the educational mission as provided in this policy. The university will not install observation cameras on university property in faculty/staff offices or in nonpublic areas of residence halls. If an observation camera is installed where identification of personal images is possible, the camera will be accompanied by appropriate signage indicating the presence of the camera and whether or not it is monitored in real time.

Purchase and installation of camera equipment to protect resources or enhance safety require the initial approval of the appropriate vice president. Purchase and installation of camera equipment for use in research must be approved by the office of research and innovation. Purchase and installation of camera equipment for use in classrooms or to otherwise assist in the educational mission must be approved by the provost. All requests will first be reviewed by the space utilization group (all indoor installations) or the campus planning committee (all outdoor installations) for their recommendations. The department of physical facilities and the university information security office are responsible for determining equipment, signage and placement standards.

Last updated November 12, 2024 at 8:41 AM

Supplemental Information

Authorized By: 33339.15
Amplifies: 3339.15
Prior Effective Dates: 8/15/1986, 12/17/2018

Rule 3339-16-10 | Records retention, electronic records, and signatures.

• Effective: November 5, 2015
• Promulgated Under: 111.15

(A) Records management program

Miami university, in compliance with the Ohio Revised Code, has a records management program for the purpose of ensuring proper scheduling, storage, and disposal of university records.

Records include any information stored on a fixed medium prepared or received in the normal course of business (paper, image, or digital) that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the university. The legal retention period for university records applies to any medium paper, image, and digital. Therefore, electronic records have the same retention period as would a paper copy. Some e-mail may be classified as a record and should be retained according to the legal retention period.

All university records shall be maintained in accordance with the university's records retention policy. No university records shall be destroyed except in accordance with this policy. It is the responsibility of faculty and staff to be knowledgeable about policies and procedures that apply to the retention and destruction of university records. Questions concerning the retention and disposal of university records may be directed to the office of general counsel. The records retention policy manual and guidelines are accessible via the web at http://miamioh.edu/about-miami/leadership/general-counsel.

(B) Records- creation and maintenance

The state of Ohio defines a record as "...any document, device, or item, regardless of physical form or characteristic, including an electronic record as defined in section 1306.01 of the Revised Code, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office."

Miami university records include but are not limited to:

(1) Financial records such as requisitions, purchase orders, invoices, bank data, and ledgers or journals

(2) Administrative records such as correspondence, reports, policy statements and related items sent and received

(3) Minutes of university boards and committees

(4) Personnel records of faculty and staff

(5) Student education records-including admission and employment record

(6) Publications and other items issued by the university

(7) Sound recordings, video recordings or photographs of university faculty, staff, groups or events

As a public institution, many of Miami university records are available to the public upon request under Ohio's Public Records Act (see section 149.43 of the Revised Code and the Public Record Policy- hotlink). Most student education records are protected by the Family Educational Rights and Privacy Act-FERPA (see 34 C.F.R. 99.1)

Consistent with efficient and economical business practices, the university office responsible for creating, maintaining, preserving, keeping or filing a university record shall determine, the medium (e.g. paper or electronic) in which the university record is to be created, maintained, preserved, kept or filed.

(C) Document imaging

Document imaging is defined as the conversion of paper-based documents to digital images, making them readily accessible, thereby enhancing the business processes and workflow. The Ohio electronic records committee-an ongoing collaboration, established by the state of Ohio archives in 1998, with representatives from state and local government, academia, and historical societies-has developed guidelines regarding document imaging best practices. This guidance can be found at: https://web.archive.org/web/20080509072653/http:/www.ohiohistory.org/ ohiojunction/erc/imagingrevision/revisedimaging2003.html

There is nothing in Ohio law that prohibits Miami university from disposing of the original paper records once the documents have been imaged. However, before embarking on a document imaging project and/or disposing of converted records, responsible offices should develop local imaging procedures in consultation with information technology. The imaging procedures should document the:

(1) Governance of the project- who is responsible for oversight and execution of the plan

(2) Records being imaged/converted and their mapping to the general records retention schedule and/or unit unique retention schedule

(3) Hardware/software being utilized for imaging/conversion

(4) Description of the actual process (i.e. a "how to" manual)

(5) Scanning resolution and file format

(6) Indexing schema for retrieval and ultimate disposition of the records

(7) Quality control process (operator and supervisory) including a certification of authenticity

(8) Back-up and data recovery plans

(9) Redaction process for restricted information (FERPA, HIPAA, et al)

(10) Buffer period, post-imaging before the paper records will be destroyed

(11) Process for the disposal of paper records in a manner that maintains confidentiality

(12) Acknowledgment that imaged records must be destroyed at the end of their life, per the retention schedule and that request for records destruction must be submitted at that time to the office of general counsel.

(D) Electronic signatures

The Ohio law defines an "electronic signature" as "an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record" and an electronic record as "a record created, generated, sent, communicated, received, or stored by electronic means." "Electronic" is defined as "relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities." For purposes of this policy, "Electronic transaction" shall mean a transaction conducted or performed, in whole or in part, by electronic means or electronic records.

To the fullest extent permitted by law, Miami may elect to accept electronic signatures as legally binding and equivalent to handwritten signatures to signify agreement to electronic transactions. In the furtherance of this rule, Miami university may:

(1) Identify specific transactions that Miami university will conduct by electronic means;

(2) Identify specific transactions that Miami university will not conduct by electronic means;

(3) Specify the manner and format in which electronic records must be created, generated, sent, communicated, received, and stored, and the systems established for those purposes;

(4) Specify the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met, by any third party used;

The use of an electronic signature does not mean that the record has been signed by a person authorized by Miami university to sign that record. Appropriate procedures must be used to confirm that the person signing the record has the required signature authority. An electronic signature used by a person without the authority to sign a given record or used on a given record for which that electronic signature method has not been approved will not be consider binding by Miami university.

Nothing in this policy limits the university's right or option to conduct a university transaction on paper or in non-electronic form, nor affect the university's right or obligation to have documents be provided or made available on paper when required by applicable policies, laws or regulations.

Supplemental Information

Authorized By: 3339.01
Amplifies: 3339.01
Prior Effective Dates: 9/30/1999

Rule 3339-16-13 | Smoke- and tobacco-free environment.

• Effective: March 9, 2018
• Promulgated Under: 111.15

In order to promote the health of our students, faculty, staff, and visitors, all Miami university campuses are designated as smoke- and tobacco-free environments. Smoking is defined as the burning of tobacco or any other material in any type of smoking equipment, including, but not restricted to, cigarettes, electronic cigarettes, vaporizers, hookahs, cigars, or pipes. Smoking is prohibited at all times in all prohibited areas. The use of any tobacco product, including chewing tobacco, is also prohibited.

Smoking and tobacco use are prohibited in all Miami university-owned facilities and on the grounds of any university-owned property. This includes all buildings owned or controlled by Miami university, shelters, indoor and outdoor facilities, natural areas, indoor and outdoor theatres, bridges, walkways, sidewalks, residence halls, parking lots, and street parking and garages controlled by the university, (including inside personal vehicles parked on university property). Smoking and tobacco use are prohibited on sidewalks that adjoin university property. Smoking and tobacco use are also prohibited in any vehicle or equipment owned, leased, or operated by Miami university.

Miami university actively promotes and provides smoking cessation assistance and nicotine replacement therapy to students, faculty, and staff, as well as to their benefit-eligible spouses and domestic partners. Many services are provided at no cost or a reduced cost. Interested employees should contact employee health and well-being. Interested students should contact student health services.

Violations. Faculty, staff, and students violating this policy are subject to university disciplinary action. Violators may also be subject to prosecution for violation of Ohio's smoking ban (Chapter 3794. of the Revised Code). Visitors who violate this policy may be denied access to Miami university campuses and may ultimately be subject to arrest for criminal trespass.

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1
Prior Effective Dates: 10/17/2007, 3/6/2015

Rule 3339-16-14 | Travel.

• Effective: December 6, 2018
• Promulgated Under: 111.15

Miami university reimburses or pays travel expenses only if the travel's purpose is: representation of the university on official university business; research investigation; attendance at meetings of professional societies or organizations; or teaching and training activities of the university. Both the travel and the request for payment must satisfy internal revenue service requirements. The amount to be reimbursed or paid depends on the limits established by the university, the policies of the department or unit providing the funds, and the availability of funds. Reimbursement or payment can be assured only if the traveler obtains advance approval from the person responsible for the budget line to be charged. Details of the university's travel policy are contained in the purchases and payments handbook, available online at http://miamioh.edu/accountspayable.

Non-traditional lodging

As used in this rule, the term "non-traditional lodging" means lodging accommodations with an entity outside of the conventional hotel industry, and may include, without limitation, accommodations provided through the online hospitality marketplace (e.g. Airbnb, VRBO, Wimdu, etc.), hostels, and similar outlets and service providers.

There are inherent risks and hazards that may arise from utilizing the services of a non-traditional lodging provider, and such use is prohibited unless the traveler demonstrates there is no conventional lodging available and has conducted the necessary due diligence and developed an adequate and approved safety plan. The non-traditional lodging form must be completed and submitted when seeking approval to use non-traditional lodging.

For university travel involving faculty-led study abroad or away programs, academic programs, or workshops where approval for staying in non-traditional lodging is being sought, the faculty member primarily responsible for the trip must obtain the approval of the study abroad office at global initiatives and the appropriate divisional dean prior to engaging any non-traditional lodging service provider.

For all other university travelers seeking to use non-traditional lodging services for university business travel, permission must be obtained from the traveler's department head/supervisor division head and dean or appropriate vice-president.

Supplemental Information

Authorized By: 111.15
Amplifies: 3339.1
Prior Effective Dates: 11/14/2009

Rule 3339-16-17 | Unmanned aircraft system (drones and model aircraft).

• Effective: March 9, 2018
• Promulgated Under: 111.15

The operation of small unmanned aircraft systems ("UAS"), including drones and model aircraft, on university property and in university airspace (collectively, "university property") is regulated by the federal aviation administration ("FAA") pursuant to 14 C.F.R. Part 107 ("Part 107") and 14 C.F.R. Part 101 ("Part 101"). This rule seeks to ensure compliance with those legal obligations, to protect privacy, and to reduce risks to safety and security.

This rule applies to the operation of all UASs on university property by all persons, including, without limitation, university faculty, employees, students, contractors, and visitors. This rule also applies to the operation of UASs on or above non-university property in support of university-sponsored or university-sanctioned activities.

(A) General requirements applicable to all UASs and all persons operating UASs on university property for any purpose

(1) All UASs operated on university property must have a wingspan of six feet or less.

(2) All UASs operated on university property must weigh less than fifty-five pounds at take-off.

(3) If a UAS weighs more than fifty-five one-hundredths pounds, then it must be registered with the FAA. If a UAS is required to be registered, the FAA-issued registration number must be affixed to the UAS so that the registration number is clearly visible.

(4) The B4UFLY smartphone application must be downloaded and utilized by all persons operating a UAS on university property. The B4UFLY application was created by the FAA to assist UAS operators determine whether there are any restrictions or requirements in effect at the location where they want to fly.

(5) UAS operators must be at least eighteen years or older.

(6) UAS operators that have obtained permission to operate a UAS on university property under this rule must notify and be registered with the Miami university police department at least twenty-four hours in advance of such operation.

(7) Except for public entities (as defined below), any person that is not a university student or employee who wishes to operate a UAS on university property must enter into a written agreement with the university that, among other things, requires such person to:

(a) Hold the university harmless from any claims or harm to individuals caused by the person's operation of the UAS;

(b) Indemnify the university for any damages to property owned or used by the university that are caused by the person's operation of the UAS; and

(c) Obtain a liability insurance policy with at least one million dollars in liability coverage, and add the university as an additional insured under such insurance policy.

(8) Any person wishing to operate a UAS on university property shall be personally responsible for complying with all university policies and all applicable state and federal laws. All persons operating a UAS on university property do so at their own risk.

(9) No person may operate a UAS for purposes of recording or transmitting visual images unless such purpose is approved in writing by the associate provost for research (for university students and instructional staff) or by the director of environmental health and safety offices (for persons who are not university students or instructional staff). If such permission is given, an operator of a UAS equipped with a camera or videorecorder must take all reasonable measures to avoid violations of areas normally considered private, and such UAS may not be used to monitor or record areas where there is a reasonable expectation of privacy in accordance with accepted social norms. These areas include, but are not limited to, restrooms, locker rooms, individual residential rooms, changing or dressing rooms, and health treatment rooms. No UAS shall be used to monitor or record residential hallways, residential lounges, or the insides of campus daycare facilities. No UAS shall be used to monitor or record sensitive institutional or personal information which may be found, for example, on an individual's workspaces, on computers or other electronic displays.

(B) Operation of UAS for recreational purposes or limited educational purposes

Persons operating a UAS as a hobby or for recreation are required to comply with all of the provisions of Sections 101.41 to 101.43 of Part 101. As used in this rule, the term "Recreational Purpose(s)" means the pursuit of an activity outside of one's regular occupation that is engaged in for fun, relaxation, or as a means of refreshment or diversion.

Generally, the operation of a UAS by university faculty, staff, or students in their official capacities will not qualify as a UAS operation for recreational purposes. However, a university student's operation of a UAS under the following limited circumstances ("limited educational purpose(s)") will nevertheless qualify as an operation of a UAS under Part 101, and therefore be deemed an operation for recreational purposes: when a university student's operation of a UAS is a component of the student's science, technology, or aviation-related educational curricula; or when a university student's operation of a UAS is a component of the student's other coursework, such as television and film production or the arts.

Note that student operation of a UAS will not qualify as a limited educational purpose if the UAS is operated in support of a faculty member's research or other sponsored activity, or the student receives any form of compensation directly or incidentally related to the student's operation of the UAS. University faculty may assist students who are operating a UAS for limited educational purposes, provided that the student maintains operational control of the UAS such that the faculty member's manipulation of the UAS's controls is incidental and secondary to the student's (e.g. the faculty member steps in to regain control in the event a student begins to lose control of a UAS, to terminate a flight, etc.). In all other circumstances, faculty operation of a UAS does not qualify as a recreational purpose or limited educational purpose. For further explanation and examples of student uses of a UAS for limited educational purposes, please see the FAA's interpretive memorandum dated May 4, 2016, with the subject line "educational use of unmanned aircraft systems (UAS)."

(1) Any person wishing to operate a UAS for a recreational purpose or for a limited education purpose must comply with each of the following preflight requirements:

(a) Submit a request in writing to the associate provost for research:

(i) Outlining the proposed flight schedule and proposed flight activity;

(ii) Identifying any person that will be operating a UAS on university property;

(iii) Providing the FAA registration number (if applicable);

(iv) Providing the manufacturer and model number of the UAS to be operated;

(v) Providing all pertinent specifications of the UAS (e.g. weight, maximum range, maximum altitude, whether the UAS has dual controls, whether the UAS has "return home" programming, etc.); and

(vi) Indicating whether such UAS operation will involve recording or transmitting visual images.

(b) Obtain the written permission of the associate provost for research as to the time, place, and manner of the proposed UAS operation.

(c) UAS operations for a recreational purpose or for a limited educational purpose will be limited to the following areas (each an "authorized location"):

(i) Chestnut fields (105 W. Chestnut avenue, behind the parking lot).

(ii) Ditmar parking lot (behind Miami university police department and Ditmer parking lot).

(iii) Bonham field/Fryman parking lot

(d) At the direction of the associate provost for research, a person wishing to operate a UAS for a recreational purpose or for a limited educational purpose must reserve an authorized location by contacting the director of special events at Miami recreation.

(e) Once written permission has been obtained from the associate provost for research, provide advanced notice to all airport operators and airport air traffic control towers (if any) within a three mile radius of the UAS flight path. Any notice should include the proposed flight path, flight date and time, and any information requested by such airport operators and airport air traffic control towers.

(f) Persons operating a UAS on the university's Oxford campus must notify the Miami university airport and McCullough-Hyde memorial hospital.

(2) Any person operating a UAS for recreational purposes or for limited educational purposes shall abide by the following operational requirements:

(a) Operate the UAS strictly for a recreational purpose or for a limited educational purpose and not for instructional, research, work, compensation/hire, or any other business purpose.

(b) Comply with all applicable parts of Part 101 and operate the UAS in accordance with the safety code promulgated by the academy of model aeronautics; provided, that if there is a conflict between this rule and any requirements found in Part 101 or the safety code promulgated by the academy of model aeronautics, the requirements contained in this rule shall control.

(c) Review and understand all airspace restrictions that may apply to the operation of a UAS, including, without limitation, any temporary flight restrictions, and any restricted or special use airspace.

(d) Operate the UAS at or below two hundred feet. The associate provost for research may grant special permission to operate a UAS up to four hundred feet.

(e) Operate the UAS at or below a ground speed of fifty miles per hour. The associate provost for research may grant special permission to operate a UAS at a ground speed up to one hundred miles per hour.

(f) Operate the UAS at all times within the operator's line of sight without visual aids (such as binoculars, telescope, etc.).

(g) Operate the UAS so as to never interfere with manned aircraft, and always yield the right of way to manned aircraft.

(h) Operate the UAS in class G airspace as indicated by the B4UFLY application.

(i) Avoid operating a UAS in highly populated areas, near high traffic areas, and near public thoroughfares.

(j) Never operate a UAS:

(i) At night or in inclement weather;

(ii) From a moving vehicle;

(iii) Directly over any unprotected human being;

(iv) Over or within one hundred feet of stadiums, sports events, graduation commencement or other ceremonies, or emergency response efforts (e.g. fires, law enforcement activities, etc.).

(v) While under the influence of drugs or alcohol; or

(vi) Inside a building (unless specific permission for such activity is obtained from the associate provost for research).

(C) . General requirements applicable to all persons (other than public entities) operating UASs for any purpose other than for recreational purposes or limited educational purposes

Persons operating a UAS on university property for purposes other that recreational purposes or limited educational purposes are required to either obtain a COA from the FAA or comply with all of the provisions of Part 107. To operate a UAS under Part 107, a person must first pass an aeronautical knowledge test at an FAA-approved knowledge testing center; complete an application for a remote pilot certificate (FAA form 8710-13) and submit it to the FAA; and pass a TSA security background check. A person successfully completing these steps will be issued a remote pilot certificate from the FAA and be considered a "remote pilot in command" capable of operating a UAS for non-hobby or non-recreational purposes pursuant to Part 107.

Any person (other than a public entity) operating a UAS on university property for any purpose other than recreational purposes or limited educational purposes must:

(1) Either possess a valid and unexpired remote pilot certificate issued by the FAA, or be under the direct supervision of a remote pilot in command with a valid and unexpired pilot certificate issued by the FAA (provided that the remote pilot in command is available and capable of immediately taking direct control of the UAS at any time during such operation); or possess a valid and unexpired COA issued by the FAA; and

(2) Operate the UAS pursuant to Part 107 or a valid and unexpired COA, and within any limitations set forth in the written permission issued under this rule.

(D) Operation of UASs by university faculty and university students for any purpose other than recreational purposes or limited educational purposes

Any university faculty member or university student wishing to operate a UAS on university property for any purpose other than recreational purposes or limited educational purposes must comply with each of the following requirements:

(1) Submit a request in writing to the associate provost for research:

(a) Outlining the proposed flight schedule and proposed flight activity;

(b) Identifying any person that will be operating a UAS on university property;

(c) Providing the UAS registration number (if applicable);

(d) Providing the manufacturer and model number of the UAS to be operated;

(e) Providing all specifications of the UAS (e.g. weight, maximum range, maximum altitude, whether the UAS has dual controls, whether the UAS has "return home" programming, etc.); and

(f) Indicating whether such UAS operation will involve recording or transmitting visual images.

(2) Provide the associate provost for research with a copy of either:

(a) The remote pilot in command's valid and unexpired remote pilot certificate, and a list of any operational waivers the remote pilot in command has received from the FAA; or

(b) A copy of the valid and unexpired COA.

(3) Obtain the written permission of the associate provost for research as to the time, place, and manner of the proposed UAS operation.

(E) Operation of UASs for other business purposes

Any university employee that is not a university faculty member; all governmental entities, law enforcement agencies, and public safety agencies (collectively, "Public Entities"); and any other person wishing to operate a UAS on university property for compensation, hire, or any other business purpose shall comply with each of the following requirements:

(1) Submit a request in writing to the director of health and safety offices

(a) Outlining the proposed flight schedule and proposed flight activity;

(b) Identifying any person that will be operating a UAS on university property;

(c) Providing the UAS registration number (if applicable);

(d) Providing the manufacturer and model number of the UAS to be operated;

(e) Providing all specifications of the UAS (e.g. weight, maximum range, maximum altitude, whether the UAS has dual controls, whether the UAS has "return home" programming, etc.); and

(f) Indicating whether such UAS operation will involve recording or transmitting visual images; provided, that none of the requirements contained in the immediately preceding sentence will apply to the operation of a UAS by public entities during an emergency.

(2) Provide the director of health and safety offices with a copy of either:

(a) The remote pilot in command's valid and unexpired remote pilot certificate, and a list of any operational waivers the remote pilot in command has received from the FAA; or

(b) A copy of the valid and unexpired COA.

(3) Obtain the written permission of the director of health and safety offices as to the time, place, and manner of the proposed UAS operation.

(F) Sanctions

Any violations of university policies by an individual will be dealt with in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university. Legal prohibitions regarding physical presence on campus/trespassing and other legal action may also be pursued against third parties that operate UAS in violation of this rule. Fines or damages incurred by individuals or units that do not comply with this rule will not be paid by the university and will be the responsibility of those persons involved.

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1

Rule 3339-16-19 | Electronic scooters (e-scooters).

• Effective: October 1, 2019
• Promulgated Under: 111.15

Miami university is committed to creating a sustainable and safe campus. As part of these efforts, Miami university regulates the use of e-scooters devices on university property.

E-scooters may only be ridden in campus bike lanes. E-scooter operators must obey all traffic rules, traffic lights and signs and other rules of the road.

Motorized scooter operators must review and adhere to the following rules and safety tips. For additional information about safety and service offerings, please visit Lime. Operators must follow all of safety rules in paragraph (A) of this rule.

(A) Safety rules

(1) E-scooters may only be operated in bike lanes. E- scooters are not permitted to be operated on any sidewalk on university property at any time with the exception of the bike lane incorporated into the sidewalk along Patterson avenue.

(2) Operators must not carry passengers.

(3) Operators must not be under the influence of alcohol when operating an e-scooter.

(4) Operators must not race e-scooters, other personal transportation devices or vehicles.

(5) Operators may not wear headphones.

(6) E-scooters are banned from all university buildings, parking lots and garages. E-scooters may not be ridden or parked in university parking lots or garages.

(7) E-scooters must be parked at bicycle rack pads if on campus property

(8) E-scooters must never be parked on sidewalks, block pedestrian pathways, building entrances or impede the work of the university (e.g., mowing or snow removal.)

(9) E-scooters are not permitted in residence halls or other university buildings. E-scooters may not be charged in residence halls or on other university property.

(10) E-scooters found in residence halls or left unattended anywhere on university property other than an established bicycle rack pad may be impounded by university police.

(11) University employees may not operate e-scooters on university property while on university business and will not be reimbursed for any e-scooter use.

(12) Operators may not transport packages

(13) Pedestrians have the right of way at all times.

(B) Citation and impoundment

When any e-scooter (excluding handicap e-scooters) is determined to be in violation of this Rule, the e-scooter is subject to a twenty-five dollar citation, impoundment (impound fee is seventy-five dollars), or both, at the owner's expense. A five dollar daily storage fee will accrue until the e-scooter is retrieved. Miami university is not responsible for damage to e-scooters. E-scooters will be released to the registered owner or their duly authorized agent only after all the following conditions are met:

(1) All outstanding citations and impoundment fees are paid.

(2) A picture identification is presented.

(3) Proof of ownership or retrieval authorization is presented.

(C) Appeals of citation/impoundment

Appeals should be addressed in writing within five calendar days to the director of environmental health and safety, 164A, Cole service building, Miami university, Oxford, OH 45056. Appeals must include all pertinent information and supporting documentation needed to allow the director of environmental health and safety, to make an informed decision. Appeals should contain a complete and full explanation of circumstances or claim.

(D) Individual responsibility

Individuals will be held personally responsible for any damage caused to university property as a result of the operation of a personal transportation device on university property. Individuals assume the risk of personal injury and death and will be held responsible for any injuries to themselves or others as a result of any violation of this Policy or the improper operation of any personal transportation device on university property.

(E) Safety tips

(1) Wear a helmet

(2) Maintain a three-foot minimum distance from pedestrians.

(3) Yield to pedestrians in crosswalks.

(4) Watch the road for uneven surfaces and debris.

(5) Be wary of puddles and leaves that may hide potholes.

(6) Dress to be seen and do not operate at night.

(7) Share the road and never ride against traffic.

(8) Eliminate distractions. Do not text while riding.

The recommendations included above are intended to increase safety when riding a motorized scooter but are not intended to be an exhaustive list of safety precautions or to guarantee operator safety. Operators are expected to review and abide by any terms and conditions agreed to in order to ride the motorized scooter. As with any device used for transportation, users operate at their own risk.

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1