Chapter 3339-3 | In General

Rule 3339-3-03 | Equal opportunity.

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

Building and maintaining a diverse and inclusive community is an integral part of Miami university's mission and success. The university is committed to equal opportunity, affirmative action, and eliminating discrimination and harassment. Miami university does not discriminate on the basis of age, color, disability, gender identity or expression, genetic information, military status, national origin, pregnancy, race, religion, sex, sexual orientation or protected veteran status in its application and admission processes, educational programs and activities, facilities, programs or employment practices.

Miami university does not permit and takes action to prevent harassment, discrimination and retaliation. Miami university immediately investigates and if it determines that a hostile environment has been created or discrimination or retaliation has occurred, takes action to prevent its recurrence and remedy its effects.

Requests for reasonable accommodations for disabilities related to employment should be directed to [e-mail] or 513- 529-3560. Students with disabilities may contact the Miller center for student disability services, 304 Shriver center, 513-529-1541 (V/TTY) and 513-529-8595 (fax). All other requests should be directed to the Section 504 and ADA coordinator, Ms. Kenya Ash, Hanna house, Miami university Oxford, Ohio 45056, 513-529-2157 or [e-mail].

Miami university is committed to web accessibility and strives to provide an accessible web presence that enables all university community members and visitors full access to information provided on its websites. If you have questions or need assistance, contact Sean Poley, director of accessible technology, 312X Hoyt hall, Miami university, Oxford, Ohio 45056, 513-529-1225 or [e-mail].

Title IX coordinator- Title IX of the education amendments of 1972 is a federal law prohibiting discrimination on the basis of sex in higher education. Sex discrimination includes sexual harassment and sexual violence. The university's Title IX coordinator is Ms. Kenya Ash, director of the office of equity and equal opportunity, Hanna house, Miami university, Oxford, Ohio 45056. Ms. Ash may be reached at 513-529-7157 or [e-mail].

Deputy Title IX coordinator for athletics- Ms. Jennifer A. Gilbert, associate athletic director/senior woman administrator/director of ncaa compliance is the university's deputy Title IX coordinator for matters related to equality of treatment and opportunity in intercollegiate athletics. This includes athletic financial assistance, accommodation of interest and abilities and equity of athletic program benefits. Ms. Gilbert may be reached at Millett assembly hall, Miami university, Oxford, Ohio 45056, 513-529-3113 or [e-mail].

Deputy Title IX coordinator for students - Ms. Gabrielle Dralle, the sexual and interpersonal violence response coordinator, is the university's deputy Title IX coordinator for matters related to student sexual violence. This includes sexual misconduct, sexual violence, and sexual coercion of students. Ms. Dralle also serves as the coordinator for matters relating to student domestic violence, dating violence, and stalking. Ms. Dralle may be reached at student health services, 104 Warfield hall, 451 E. Spring street, Oxford, Ohio 45056, 513-529-1870 or [e-mail].

Deputy Title IX coordinator for regional students- Dr. Bennyce Hamilton, regional director of diversity and multicultural services, is the university's deputy Title IX coordinator for matters related to regional student sexual violence. This includes sexual misconduct, sexual violence, and sexual coercion of students. Ms. Hamilton also serves as the coordinator for matters relating to regional student domestic violence, dating violence, and stalking. Ms. Hamilton may be reached at 117 Rentschler hall, 1601 University boulevard, Hamilton, Ohio 45011, or 144 Johnston hall, 4200 N. University boulevard, Middletown, Ohio 45042, 513-785-3283 or [e-mail].

Sections 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) coordinator- Section 504 and the ADA are federal laws prohibiting discrimination on the basis of disability. The university's Section 504 and ADA coordinator is Ms. Kenya Ash, director of the office of equity and equal opportunity, Hanna house, Miami university, Oxford, Ohio 45056. Ms. Ash may be reached at 513-529-7157 or [e-mail].

Supplemental Information

Authorized By: 111.15
Amplifies: 3339.1
Prior Effective Dates: 10/14/2011, 9/13/2012, 11/5/2015, 11/3/2016

Rule 3339-3-04 | Americans with Disabilities Act.

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

Miami university does not discriminate against a qualified individual with a disability because of the disability with regard to job application, hiring or discharge of employees, employee compensation, job training, or other terms, conditions, and privileges of employment.

A qualified individual with a disability is one who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.

A disabled employee or potential employee who requests reasonable accommodation shall identify the specific job requirement that he or she believes should be modified through reasonable accommodation.

Miami university will provide necessary reasonable accommodation if it can do so without undue hardship on the operation of Miami university.

Requests for reasonable accommodations for disabilities related to employment should be directed to [e-mail] or 513- 529-3560. Students with disabilities may contact the office of student disability services, 19 Campus avenue building, 513-529-1541 (V/TTY) and 513-529-8595 (fax). All other requests should be directed to the section 504 and ADA coordinator, Ms. Kenya Ash, Hanna house, Miami university Oxford, Ohio 45056, 513-529-7157 or [e-mail].

Questions and complaints should be directed to the director of the office of equity and equal opportunity.

Supplemental Information

Authorized By: 111.15
Amplifies: 3339.1
Prior Effective Dates: 9/30/2001

Rule 3339-3-06 | Prohibiting harassment and discrimination.

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

(A) Harassment and discrimination are prohibited

Respect for human diversity is an essential element of the Miami university community. Members of the Miami university community have the right to an environment free of conduct that unreasonably interferes, hinders, or otherwise denies another a suitable working, living, or learning environment. Therefore, members of the university community should refrain from harassing others or creating an environment that denies others a suitable working, living, or educational environment. Miami university strongly opposes and will not tolerate harassment or discrimination on the basis of age, color, disability, gender identity, or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status in its activities, programs, admission, and employment. This prohibition extends to harassment or discrimination, based on the protected status listed in this paragraph, including the creation of an intimidating, hostile, or offensive working, educational, or living environment. This rule is intended to address all forms of prohibited harassment and discrimination except for allegations of sexual harassment, sexual misconduct, interpersonal violence (stalking, dating violence and domestic violence) which are addressed separately in the Title IX protocol -sexual misconduct policy and procedures for students and Title IX protocol -sexual misconduct policy and procedures for employees at Miami university.

Harassment and discrimination are illegal. This rule is not intended to impair or limit the right of anyone to seek a remedy available under state or federal law. Legal remedies may be pursued outside Miami university by contacting the equal employment opportunity commission, the Ohio civil rights commission, the United States department of education office for civil rights, or by consulting an attorney at the person's own expense. Under the law, there are various time limits for filing charges outside the university. Persons should contact the agencies listed in this paragraph or an attorney to determine the applicable time limits.

This rule may in some respects exceed the requirements of applicable law. However, this rule will not be enforced so as to infringe upon first amendment rights, including the right to academic freedom.

(B) Definitions

For the purpose of determining whether particular conduct constitutes a violation of this rule, the following definitions will be used:

(1) Discrimination: conduct that is based on a person's age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status in its activities, programs, admission, and employment that:

(a) Adversely affects a term or condition of a person's employment, education, living environment or participation in a university activity; or

(b) Is used as a basis for or a motivating factor in decisions affecting the person's employment, education, living environment or participation in a university activity.

(c) Examples of conduct prohibited by this policy include but are no means limited to taking any of the actions listed in this paragraph based on a person's age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status (protected class status):

(i) Denying a person access to an educational program;

(ii) Denying salary increases and/or promotions;

(iii) Preventing a person from participating in any activity or program or using university facilities or services; or

(iv) Using protected class status as a motivating factor in making a decision about employment or educational opportunities.

(2) Harassment: Harassment is unwelcome conduct that is based on a person's protected class status: age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religious, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status.

Harassing conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

Harassment becomes a violation of this rule when:

(a) Enduring the offensive conduct becomes a condition of continued employment; or

(b) The conduct is sufficiently severe or pervasive enough to create a work environment that a reasonable person would consider it intimidating, hostile, or abusive. For conduct to constitute harassment it mist be more than offensive; it must be so severe or pervasive that it effectively denies the victim access to the university's programs or activities or unreasonably interferes with the victim's working, educational or living environment.

(C) Coverage

This rule applies to all aspects of Miami university's operations, programs and activities, including regional campuses. It applies to all university students and employees, including faculty, unclassified staff, classified non-bargaining staff, bargaining unit staff, and student employees. It also applies to all vendors, contractors, subcontractors, and others who do business with the university. It applies to all visitors or guests on campus to the extent that there is an allegation of harassment or discrimination made by them against university students or employees. This rule also applies to harassment or discrimination that occurs outside the educational program or workplace if the conduct negatively affects a person's educational or work environment.

(D) Information and assistance

General information regarding this rule is available at the office of equity and equal opportunity, Hanna house, Miami university, Oxford, Ohio 45056, [phone].

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act coordinator- Section 504 and the ADA are federal laws prohibiting discrimination on the basis of disability. The university's Section 504 and ADA coordinator is Ms. Kenya Ash, director of the office of equity and equal opportunity, Hanna house, Miami university, Oxford, Ohio 45056. Ms. Ash may be reached at [phone] or [e-mail].

(E) Retaliation is prohibited

Any retaliatory action or conduct taken by any person against a person who has sought relief under this rule is strictly prohibited and will be regarded as a separate and distinct violation of this rule. Examples of retaliatory action include assigning low grades, assigning undesirable teaching or work schedules, and/or giving deflated performance evaluations. This protection against retaliation extends to any person who opposes acts of harassment or discrimination or who testifies, assists, or participates in any manner in an investigation, proceeding, or hearing relative to harassment or discrimination.

(F) Action

If the university determines that reasonable cause exists to believe that a violation of this rule has occurred, the university will take action to provide appropriate additional relief. This rule provides for reliable and impartial investigation of harassment or discrimination. When harassment or discrimination does occur, the university will take appropriate steps to prevent its recurrence and remedy the discriminatory effect on the complainant (or alleged victim if different from the complainant) and others, as appropriate. The university may also initiate appropriate disciplinary action under paragraph (L) of this rule.

(G) Reporting harassment, discrimination, or retaliation- duty to report

Any person who believes he/she has been subjected to discrimination, harassment, or retaliation may report the behavior directly to the office of equity and equal opportunity (office of equity and equal opportunity).

All employees who become aware of alleged protected class discrimination or harassment as defined in this rule are required to report it to the office of equity and equal opportunity This includes administrators, supervisors, managers, faculty and staff.

Graduate assistants, resident assistants (RAs), orientation leaders (souls) and student managers in campus services are also required to report.

Exemptions:

(1) Employees with a legal privilege of confidentiality under Ohio law (including doctors, licensed counselors, and their staffs) are not required to report when the information is obtained in the course of a confidential communication.

(2) Researchers are not required to report if the information is disclosed by a subject during participation in an institutional review board approved human subjects research protocol (IRB research). The university's institutional review board (IRB) may, in appropriate cases, require researchers to provide such information to all student subjects of IRB research.

In addition to reporting discrimination and harassment, information regarding alleged retaliation as described in paragraph (F) of this rule must also be reported.

office of equity and equal opportunity will conduct a preliminary assessment of the report. The report should not be made to the person who is alleged to be engaging in discrimination, harassment, or retaliation.

Anonymous reports will be accepted; however, the university's options for investigating or resolving anonymous reports may be limited because of the unique challenges presented. However, office of equity and equal opportunity reviews and takes appropriate action on all reports including anonymous reports.

(H) Advisors

Any person who reports alleged harassment, discrimination, or retaliation) and any person against whom such an allegation is made may be accompanied at all stages of the process described in this rule by an advisor. Advisor means any individual who provides support, guidance, or advice to the accuser or the respondent. The role of the advisor is only to be present; the advisor will not be provided documentation or permitted to interject during any part of a meeting. If an advisor is determined to be unreasonably interfering with the investigation, he or she may be asked to leave.

(I) Making a report of harassment, discrimination, or retaliation

A report may be filed at any time regardless of the length of time between the alleged occurrence and the decision to report. However, the university strongly encourages persons to report promptly in order to facilitate an effective investigation and access to information. A delay in reporting may compromise the investigation.

(J) Investigation of a report

Office of equity and equal opportunity may facilitate an informal resolution of the report. An informal resolution of the report does not bar a subsequent formal resolution. The university does not use mediation to resolve reports.

Within thirty calendar days of receipt of a report, office of equity and equal opportunity will conduct an investigation to determine whether there is reasonable cause to believe that a violation of this rule has occurred, including the extent and severity of the violation. The parties will have the opportunity to be accompanied by an advisor, to present information and respond to written reports, and to ask that witnesses be interviewed. At the completion of the investigation, office of equity and equal opportunity will issue a written report of its investigation that includes a finding of reasonable cause or no reasonable cause and related recommendations. office of equity and equal opportunity's findings will be based on a preponderance of the evidence. A preponderance of the evidence is the evidence that has the most convincing force; that is the greater weight of credible evidence. office of equity and equal opportunity will consider all relevant information presented. This standard of evidence essentially asks, "is it more likely than not that our rule was violated?"

A copy of the office of equity and equal opportunity report will be given to both the complainant and the respondent. After the office of equity and equal opportunity report is issued, both the complainant and the respondent are permitted to review the office of equity and equal opportunity investigation file.

(K) Review

The complainant and the respondent each have the right to challenge the conclusion in the report by requesting a review by the vice president for institutional diversity and inclusion. A request for review must allege one or more of the following deficiencies in the investigative report:

(1) That an alleged material violation of this rule occurred that resulted in a failure to conduct a reasonably thorough investigation, in which case the matter will be remanded back to office of equity and equal opportunity for additional investigation;

(2) That new evidence exists that was not available at the time of the investigation; or

(3) The conclusion is clearly erroneous and not supported by the investigation.

Requests for review must be submitted to the vice president for institutional diversity and inclusion within five class days of the issuance of the office of equity and equal opportunity report (class days include exam week).

The request for review must be submitted in writing, stating the basis for review and with all supporting materials attached. The request for review will be shared with all parties and the office of equity and equal opportunity for their response, if any. Responses shall be filed within five class days of the parties' and office of equity and equal opportunity's receipt of the request for review.

The vice president for institutional diversity and inclusion will issue a written report and share it with all parties and the office of equity and equal opportunity.

(L) Disciplinary action

If there has been a finding of reasonable cause and a recommendation that the respondent be subjected to appropriate disciplinary action either in the office of equity and equal opportunity report or as a result of a review, the discipline, if any, to be imposed will be determined according to the procedures described in the student conduct regulations, if the respondent is a student; the Ohio civil service law or a collective bargaining agreement then in effect, whichever is applicable, if the respondent is a member of the classified staff; rule 3339-13-07 of the Administrative Code if the respondent is a member of the unclassified staff; or rule 3339-8-03 of the Administrative Code, if the respondent is a member of the instructional staff.

If disciplinary action is initiated, the complainant, the respondent, the person or office initiating disciplinary action, and the hearing officer/ body will be entitled to full access to the office of equity and equal opportunity investigation file and the file, if any, of the review.

If there has been a finding that reasonable cause exists to believe that a vendor, contractor, subcontractor, visitor, guest or other person who does business with the university has violated this rule, the matter shall be referred to the senior vice president for finance and business services for appropriate administrative action.

(M) Legal options

Complaints may also be filed with the United States department of education office for civil rights (www2.ed.gov/about/offices/list/ocr/docs/howto.html) or by consulting an attorney at the person's own expense.

(N) Miscellaneous

The university is committed to addressing all reports of harassment and discrimination in a prompt and equitable manner. The university uses its best efforts to complete the investigation of all reports within thirty calendar days. This timeline may be extended based upon the complexity, severity and extent of the alleged violation. The timeline may also be affected by the winter or spring break periods and summer or winter terms. This timeline does not include requests for review.

After a report of harassment or discrimination has been made, subsequent time limits specified in this rule may be extended by the vice president for institutional diversity and inclusion. Notice of the extension will be made in writing and will include the reason for the extension. Notification of extension will be made to both the complainant and the respondent.

It is a violation of this rule to knowingly make a false allegation of harassment or discrimination. However, failure to prove a claim of harassment or discrimination is not equivalent to making a false allegation. It is also a violation of this rule for an respondent or other person interviewed by office of equity and equal opportunity to knowingly make a false statement.

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1
Prior Effective Dates: 11/7/2003, 3/6/2015

Rule 3339-3-07 | Infectious disease.

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

In the event any public health organization (e.g. Butler county department of health, the Ohio department of health, the U.S. department of health and human services, or the center for disease control) determines a public health emergency exists at Miami university or threatens members of its community or to the surrounding population (e.g. an outbreak of an infectious disease that poses a threat to the health or safety of the university community), the president and/or the president's designees, may take such actions as are appropriate to protect the health and safety of the university's students and staff. Subject to the limitations imposed by law, the provisions of this policy take precedence over any inconsistent provisions of university policy to the contrary.

(A) Infectious diseases include:

(1) Pandemic influenza

(2) Meningococcal meningitis

(3) Tuberculosis (TB)

(4) Measles

(5) Mumps

(6) Hepatitis A

(7) Bioterrorism event using a communicable agent

(B) Other less serious infectious diseases, such as seasonal influenza, and community acquired mrsa skin infections will be handled on a case-by-case basis.

(C) In the event of a public health emergency:

(1) the university will, to the extent applicable, implement the directives of the public health organization including but not limited to isolation and quarantine measures, treatment of patients and prophylactic treatment of contacts;

(2) the university will, in accordance with law, share information with the public health organization to assist in the tracking, investigation, treatment and containment associated with the public health emergency. On-campus medical providers will not discuss a student's or staff member's diagnosis with any other person without explicit authorization of the patient except as required by law;

(3) Where the public health agency recommends the exclusion from the classroom, workplace or extracurricular activities of persons who are infected with a communicable disease or who are at risk of infection, the university may implement those recommendations as though they were directives.

(4) Where the public health agency recommends vaccination of persons who are infected with a communicable disease or who are at risk of infections, the university may condition continued attendance, residence or participation in instructional activities or continued admission to assigned workplaces upon receipt of such recommended vaccinations.

(D) Pre-emptive actions taken in reliance on reasonable medical judgment.

In the event that circumstances arise that require immediate action without time for consultation with the public health agency, or in which the public health agency guidance is directed primarily to individuals rather than to institutions, the president and/or his designees may institute temporary measures to restrict students, employees or visitors from participation in institutional activities, including regularly assigned employment responsibilities, if it is determined on the basis of reasonable medical judgment that the individual's continued participation in those activities poses an unacceptable risk of infectious transmission to others.

(1) For purposes of this section, reasonable medical judgment must be tendered by a physician licensed to practice in the state of Ohio, and

(2) It must be based upon due consideration, given the state of medical knowledge, about:

(a) The nature of the risk

(b) Duration of the risk

(c) The severity of the risk

(d) The probabilities the disease will be transmitted and cause substantial harm to a significant number of infected persons.

(E) Persons displaced by pre-emptive response measures.

Where measures undertaken pursuant to this policy prevent students from participating in regularly assigned instructional or extracurricular activities, or employees from reporting to their regularly assigned workplaces, the university will make reasonable efforts to provide alternative means to pursue educational or extracurricular activities or to carry out assigned employment responsibilities.

(F) University action following notification of a public health emergency.

In consultation, with appropriate health center and public health officials, the president or his designees will develop a treatment and containment of infection plan. The plan will include:

(1) Outbreak containment measures

(2) Isolation and quarantine recommendations

(3) Treatment of patients and prophylactic treatments of contacts

(4) Necessary immunization of students and staff

(5) A communication plan for keeping the community informed

(G) Health center director responsibilities- the health center director will:

(1) Implement the treatment and containment of infection plan in consultation with the appropriate university personnel and/or public health organizations.

(2) Serve as communication interface with the university community for updated disease information and treatment postings to university websites.

(3) Collaborate with university personnel and county /state health agencies to determine if isolation and/or quarantine are necessary.

(4) Assure compliance of state required documentation for disease notification and case investigation.

(5) Coordinate additional staffing measures and/or extended hours of operation of health services. Organize prophylactic treatment and immunization delivery as requested by Butler county health department or as deemed necessary by the university.

(6) Assist in developing appropriate protocols or policies to allow affected student(s) and staff to return to campus. Depending on the nature of the outbreak, students or staff may be required to be medically cleared by the health center to return to campus or present written documentation from his/her treating physician or primary care provider documenting that the individual is medically cleared (i.e., is no longer infectious to others) and is able to return to school or work as of a specified date.

Supplemental Information

Authorized By: 3339.01
Amplifies: 3339.01

Rule 3339-3-15 | Employment of members of the same family.

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

Miami university imposes no restrictions on the concurrent employment of members of the same immediate family except the following:

(A) One immediate family member may not supervise another or be in the supervisory line. No individual may be assigned to a department or a unit under the direct or indirect supervision of an immediate family member. Students may not work in the same department as another immediate family member. An agreement must be reached as part of the terms of the initial appointment designating the position to which the individual will report. This agreement is subject to the approval of the senior administrator of the division in which the person is employed. If the individual is an immediate family member of the senior administrator of the division, then the agreement is subject to the approval of the appropriate vice president or the president, as applicable. Supervision includes the awarding of any benefits (e.g., promotion, retention, salary, leaves of absence, etc.).

(B) Each immediate family member must be judged on his or her own merits and shall not be prejudiced (favorably or unfavorably) by the employment of another immediate family member or by their activities, status, rank or position.

(C) Each immediate family member must conduct himself or herself in accordance with all applicable state ethics laws and university ethics policies (See conflicts of interest/commitment, rule 3339-3-12 of the Administrative Code,).

(D) Specifically, immediate family members may not:

(1) Participate in searches or initial appointment decisions if an immediate family member is a candidate for the position.

(2) Authorize, vote upon, discuss, deliberate, recommend, or otherwise use the authority or influence of his or her position, formally or informally, to secure the employment, retention, promotion, or tenure of an immediate family member or to approve payment to an immediate family member for services rendered in his or her public employment. This provision does not prohibit immediate family members from providing requested factual information regarding the immediate family member's work-related activities (e.g., spouses who are co-authors on research or scholarly papers may provide factual information on the nature of the co-authorship and contributions of each for evaluation, promotion and/or tenure purposes).

For the purpose of this policy, "immediate family" includes the following relatives, regardless of where they reside: spouse or domestic partner; children (whether dependent or not); siblings; parents; grandparents; and grandchildren. It also includes any other person related by blood or by marriage and living in the same household.

Supplemental Information

Authorized By: 3339.01
Amplifies: 3339.01
Prior Effective Dates: 3/31/2005

Rule 3339-3-16 | Reporting romantic and sexual relationships in the instructional and supervisory setting.

• Effective: November 1, 2021
• Promulgated Under: 111.15

Instructional, unclassified administrative and classified staff, and graduate students may not exercise supervisory responsibility or other university responsibility or authority over family members or other employees with whom they have a romantic or sexual relationship. Supervisory responsibility includes any relationship wherein one person has the power or authority to alter or influence the responsibilities, duties, terms, and/or conditions of employment of another. Those with supervisory responsibility as used in this policy are not limited to direct or first-line supervisors.

Any instructional, unclassified administrative or classified staff member, or graduate student who is having a romantic or sexual relationship with a person over whom he or she has supervisory responsibility, or other university responsibility or authority must notify his or her immediate supervisor of the relationship. The instructional, unclassified administrative or classified staff, or graduate student must be removed immediately from all decision-making processes and positions of authority concerning the person with whom he or she is having the relationship. The university requires the resolution of all conflicts of interest created by the relationship.

Failure to report the relationship, to cooperate in the transfer of responsibility and authority, or to resolve all conflicts of interest are grounds for discipline, up to and including termination, under appropriate university policies.

Last updated November 2, 2021 at 10:14 AM

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339-3-16
Prior Effective Dates: 12/6/2018

Rule 3339-3-17 | Retirement.

• Effective: November 3, 2016
• Promulgated Under: 111.15

Miami university has no mandatory retirement age. A written notice is requested in case of service retirement. In order to assure an orderly transition, it is requested that at least ninety days written notice be given to the appropriate personnel office.

See also "retirement with rehiring contracts," rule 3339-9-01 of the Administrative Code which requires application at least six months prior to retirement.

Supplemental Information

Authorized By: 3339.01
Amplifies: 3339.01
Prior Effective Dates: 9/30/2001

Rule 3339-3-18 | Drug-free workplace.

• Effective: December 28, 2023
• Promulgated Under: 111.15

(A) Purpose

Miami university is dedicated to providing a safe, healthy and efficient work place for its employees and for the entire university community.

(B) Policy

(1) The illegal use of drugs or alcohol in the work place or on university property or as part of any university activity is strictly prohibited.

(2) Employees may not be under the influence of drugs or alcohol in the work place.

(3) The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance on university property or as part of any university activity is strictly prohibited.

(4) Students and employees must notify Miami university of any criminal drug statute conviction for a violation occurring on university property no later than five days after such conviction.

(5) Any student who violates any portion of this policy will be subject to disciplinary action, including suspension or dismissal, under the "code of student conduct." Any employee who violates any portion of this policy will be subject to disciplinary action up to and including discharge under the appropriate disciplinary procedures.

(6) The university reserves the right to include completion of an appropriate rehabilitation program as a disciplinary sanction.

(7) For a description of the applicable legal sanctions under local, state or federal law for the unlawful possession, use, or distribution of illicit drugs and alcohol, the health risks associated with the use of illicit drugs and the abuse of alcohol or a description of drug and alcohol counseling, treatment, rehabilitation, or re-entry programs that are available to employees or students, please consult Miami's annual publication, "your right to know."

(C) Medical and/or recreational marijuana

As a recipient of federal funding, such as student financial aid and federal grants and contracts for research, Miami university is required to follow federal law including the Safe and Drug Free Schools and Communities Act and the Drug Free Workplace Act. In order to comply with these laws, Miami university prohibits the manufacture, dispensation, possession, use, or distribution of marijuana in any form on any university-owned property, in the conduct of university business or as part of any university activity. On September 8, 2016, Ohio law permitted certain activities related to the possession and use of medical marijuana. On December 7, 2023, Ohio law permitted certain activities related to the possession and use of recreational marijuana. However, using and possessing marijuana continues to be prohibited by and a violation of university policy and remains a crime under federal law.

This prohibition applies even when the possession and use would be legal under the laws of the state of Ohio. As a result, no person is permitted to use marijuana on campus, in the conduct of university business or as part of any university activity, including those with medical marijuana prescription/cards. Sanctions for students and employees who are found to be in possession of or using marijuana include suspension, dismissal and/or termination of employment.

This prohibition does not extend to research related to marijuana that is approved by:

(1) The agency for health care research and quality;

(2) The national institutes of health;

(3) The national academy of sciences;

(4) The centers for medicare and medicaid services;

(5) The United States department of defense;

(6) The centers for disease control and prevention;

(7) The United States department of veterans' affairs;

(8) The drug enforcement administration;

(9) The food and drug administration;

(10) Any board recognized by the national institutes of health for the purpose of evaluating the medical value of health care services.

The university will accommodate students who are legally authorized Ohio medical marijuana users. These students may submit a letter asking to be released from their university housing and dining obligations to the dean of students at [e-mail].

Last updated December 28, 2023 at 7:19 PM

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1
Prior Effective Dates: 11/3/2016

Rule 3339-3-20 | Disruptive behavior and the 1219 procedure.

• Effective: November 13, 2016
• Promulgated Under: 111.15

Ohio House Bill 1219 provides for possible suspension from university employment upon arrest and for termination of university employment upon conviction of any of the criminal offenses enumerated in division (D) of section 3345.23 of the Revised Code.

(A) Procedure upon arrest

(1) House Bill 1219 requires that Miami suspend a university employee who is arrested for any of the criminal offenses enumerated in division (D) of section 3345.23 of the Revised Code, when either of the following conditions applies:

(a) The offense is committed on university property or affects university persons or property.

(b) The offense is committed in the immediate vicinity of Miami if an emergency has been declared and is in effect pursuant to section 3345.26 of the Revised Code.

(2) A hearing will be held no more than five days after arrest (continuances may be granted which may not exceed a total of ten days).

(3) The hearing shall be fair and impartial, but the formalities of criminal process are not required. The hearing shall be adversary in nature. The individual whose suspension is being considered has the right, at his or her own expense, to be represented by legal counsel. The person also has the right to cross examine witnesses, to testify, and to present the testimony of witnesses and other evidence. In the absence of a waiver of the right against compulsory self-incrimination, the testimony given at the hearing by the person whose suspension is being considered shall not subsequently be used in any criminal proceeding against the person. The hearing shall be held before a referee appointed by the Ohio department of education.

(4) If the referee finds by a preponderance of the evidence that the person committed any offense covered by division (D) of section 3345.23 of the Revised Code, the referee shall take one of the following actions:

(a) Order the person suspended immediately.

(b) Permit the person to return to Miami under terms of strict disciplinary probation. The referee shall take this action only if the good order and discipline of Miami will not be prejudiced or compromised thereby. Subsequent violation of the terms of the probation automatically causes a suspension.

(5) The suspension is in effect until the person is acquitted or convicted of the offense. If the individual is convicted, the individual's employment is automatically terminated. Upon acquittal, or upon any final judgment not resulting in a conviction of the offense charged, the following actions occur:

(a) The suspension or probation resulting from the 1219 procedure is automatically terminated.

(b) The individual is reinstated, provided that no other disciplinary action has been taken (see paragraph (C) of rule 3339-3-20 of the Administrative Code.)

(c) The record of the suspension or probation made under the 1219 procedure is expunged from the individual's university record.

(6) Any suspension under this provision shall be without pay (division (C) of section 3345.23 of the Revised Code). An order of the referee may be appealed to the court of common pleas within twenty days after the date of the order.

(B) Procedure upon conviction

(1) According to Ohio law, a university employee is subject to immediate dismissal if the person is convicted of any of the offenses enumerated in division (D) of section 3345.23 of the Revised Code, when either of the following conditions applies:

(a) The offense is committed on university property or affects university persons or property.

(b) The offense is committed in the immediate vicinity of Miami if an emergency has been declared and is in effect pursuant to section 3345.26 of the Revised Code.

(2) Upon notification of the conviction, the president or president's designee shall immediately notify the person, in writing, by certified mail delivery, of the dismissal and offer the individual the opportunity to be heard. The hearing shall be limited to the issues of whether the individual was in fact the individual so convicted and whether the conviction is for an offense enumerated in division (D) of section 3345.23 of the Revised Code.

(3) The contract of a faculty or administrative staff member or other employee so dismissed is terminated upon dismissal. No salary or wages shall be paid or credited to the individual after dismissal.

(4) A faculty or administrative staff member or other employee dismissed pursuant to this rule may be re-employed at the discretion of the board of trustees but only after the lapse of one calendar year following dismissal.

(5) If the conviction is reversed on appeal, the individual shall be reinstated, the record of the dismissal shall be expunged from the individual's university record, and the dismissal shall be deemed never to have occurred.

(6) Sections 3345.22 and 3345.23 of the Revised Code for the full text of the statutes. See the student handbook for a list of criminal offenses which trigger these procedures.

(C) Effect on other policies and procedures

(1) An individual suspended, placed on probation, or dismissed under these procedures has no right to any other hearings or procedures provided under the policies, procedures, or rules of Miami university.

(2) The university has the right, however, to pursue disciplinary action in accordance with the policies, procedures or rules of Miami university, up to and including dismissal, against any faculty or administrative staff member or other employee at the same time that a 1219 procedure is engaged and/or at the same time as criminal proceedings, even if the criminal charges involving the same incident are not complete, have been dismissed or were reduced. (see section 3345.24 of the Revised Code.)

Supplemental Information

Authorized By: 3339.01
Amplifies: 3339.01
Prior Effective Dates: 8/20/2008

Rule 3339-3-21 | Reporting and addressing illegal activity and misconduct.

• Effective: October 1, 2022
• Promulgated Under: 111.15

(A) General

Miami university is committed to conducting its affairs ethically and in accordance with federal and state laws and regulations, as well as university policy. Each member of the faculty and staff shares in this responsibility.

The university is committed to preventing and correcting violations of law and university policy. These violations most often result from lack of information, inadvertence, or mistake. On rare occasions violations are the result of deliberate misconduct. Illegal, unethical or otherwise inappropriate behavior in violation of Miami university's policies is not acceptable.

The university expects all faculty and staff to report any suspected criminal activity to law enforcement. If you suspect or have knowledge of criminal activity occurring on university property or involving university faculty, staff or students, call the Miami university police department at 513-529-2222 (in an emergency, please dial 911 immediately).

Ohio law (section 2921.22 of the Revised Code) requires every person, who knows that a felony has been or is being committed, to report it to law enforcement. Failure to report may be a criminal offense.

Ohio's Collin's law (division (A) of section 2903.311 of the Revised Code) requires all university administrators, staff, faculty members, consultants, alumni and volunteers to report any knowledge of hazing to a law enforcement agency in which the victim of hazing resides or in which the hazing is occurring or has occurred. Failure to report is a criminal offense. If you have knowledge of hazing, you are required to report it to the office of community standards. The office of community standards, upon receipt of the report, will notify the appropriate law enforcement agency to comply with the law.

Ohio law (section 2151.421 of the Revised Code) further requires teachers, school administrators, speech pathologists, psychologists, doctors and others to report suspected child abuse. Suspected child abuse may be reported directly to the police, to Butler county children services at 1-800-325-2685, or at http://www.bccsb.org/content/reportAbuse/reportAbusehome.cfm.

This procedure has been developed to provide a process for good-faith reporting of violations of law or regulations or otherwise inappropriate behavior in violation of Miami university's policies.

(B) Internal reporting

Employees and students are expected to report good-faith concerns about illegal, unethical or otherwise inappropriate behavior in violation of Miami university's policies. Criminal activity occurring on university property or involving university faculty, staff, or students should be reported to the Miami university police department at 513-529-2222 (in an emergency, please dial 911). This includes hazing and sexual misconduct.

Employees are encouraged to immediately report their concerns about illegal, unethical or inappropriate behavior to their supervisors, the central office responsible for addressing these concerns (see chart in this policy), the appropriate vice president, or the president of the university. Students are encouraged to report their concerns to the dean of students, the vice president for student life, the central office responsible for addressing these concerns (see paragraph (F) of this rule) or the president of the university.

(C) Anonymous reporting

Persons who do not feel comfortable making an internal report may make an anonymous report to the university's confidential reporting agent, ethicspoint, by calling the toll-free hotline [phone]) or in writing at http://www.ethicspoint.com. Hotline calls are not recorded. Ethicspoint system is maintained on a secure third-party server and ip addresses are stripped from internet-based communications to ensure that anonymity is maintained. Do not report emergencies to ethicspoint.

In addition, the auditor of state maintains a system for the anonymous reporting of fraud. The fraud may be reported via a toll-free telephone number 866-fraudoh, the auditor of state's website- www.auditor.state.oh.us or by mail.

(D) Investigation and resolution

All employees and students are expected to cooperate truthfully in the university's investigation of reports. Appropriate university officials will promptly address all concerns reported in good faith (see chart in this policy). All investigations will be conducted in accordance with the law and applicable university policy.

(E) Retaliation prohibited

The university will use its best efforts to protect those who, in good faith, report suspected illegal, unethical or otherwise inappropriate behavior in violation of Miami policies. No employee will suffer adverse employment action (retaliation) as a result of any of the following:

(1) Disclosure or reporting of suspected illegal, unethical or otherwise inappropriate behavior in violation of Miami policies; or

(2) Refusal to violate or assist in violating an applicable federal or state law or regulation; or

(3) Refusal to work or cause others to work in conditions that would unreasonably threaten the health of safety of the employee or others.

Any employee who believes he or she has been retaliated against in violation of this policy may file a written complaint with the office of the president. Following an investigation by the office of the president's designated investigative findings will be made by the president of the president's designated investigator. The report shall be provided to the complaining party and the chair of the board of trustees' finance and audit committee. If the report finds that the complainant has been retaliated against, the report will include any appropriate relief for the complainant. Appropriate disciplinary action, up to and including dismissal, will be taken against any individual who retaliates in violation of this policy.

(F) Reporting concerns

If after reviewing this table, you are not sure where to report a concern please contact the office of the general counsel, the director of internal audit and consulting services, or the ethicspoint toll-free hotline [phone]) or contact ethicspoint in writing at http://www.ethicspoint.com.

Criminal conduct	Miami university police department (513-529-2222 or 911 in the event of an emergency)
Accounting and financial misconduct (including falsification of contracts, reports or records, fraud, improper disclosure of financial records, theft, waste, abuse or misuse of university resources, and mishandling of donor funds.)	Chief audit officer (513-529-0545)
Athletic misconduct (including ncaa violations, gambling, improper giving of gifts, recruiting misconduct, misuse of assets, players or endorsements, recruiting misconduct, financial aid misconduct, sexual misconduct, and substance abuse)	Assistant athletic director, compliance (513-529-6627)
Financial aid misconduct (including fraud and regulatory compliance)	Director of student financial assistance (513-529-8555)
Harassment and discrimination	Director of equity and equal opportunity (513-529-7157)
Hazing	The office of community standards. The office of community standards, upon receipt of the report, will notify the appropriate law enforcement agency to comply with the law.
Personnel misconduct (including nepotism, threats, time abuse, and employee benefit abuses)	Associate VP of academic personnel (513-529-9210) or associate VP for human resources (513-529-5716)
Research misconduct (including conflict of interest, environmental and safety matters, fraud, misappropriation of intellectual property, inappropriate use of humans or animals in research, and grant misconduct or misappropriation international traffic in arms regulations (itar), export administrative regulations (ear), or office of foreign assets control (ofac) violations)	Research compliance officer (513-529-3734)
Risk and safety matters (including environmental health and safety, sabotage, and unsafe working conditions.)	Environmental health and safety office (513-529-1723)
Information technology matters (including data privacy and integrity, inappropriate use of technology, misuse of resources and intellectual property infringement)	Information security officer (513-529-9252)
Unethical conduct (including violation of conflict of interest and conflict of commitment, illegal interest in a contract, improper giving or receiving of gifts.)	General counsel (513-529-6734)

In addition to the university's procedure, the state of Ohio, office of the inspector general is authorized to receive and investigate complaints of alleged wrongful acts or omissions by state officers or employees.

Last updated October 3, 2022 at 8:53 AM

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1
Prior Effective Dates: 10/16/2021

Rule 3339-3-22 | Confidential information policy.

• Effective: October 17, 2019
• Promulgated Under: 111.15

Miami university collects, stores, and distributes large amounts of information essential to the performance of university business. This information represents a valuable university asset. Although a large portion of university information is public, a portion of our information is protected by state and federal laws. To comply with these laws and protect the university community, the university has the right and obligation to protect, manage, secure, and control information (whether in hard copy or stored as electronic data) in its possession.

Information protected by federal or state law may not be shared with unauthorized persons or posted online at a site that can be accessed by unauthorized persons. These laws include the federal privacy act which protects social security numbers, the family educational rights and privacy act which protects personally identifiable student records, the gramm-leach-bliley act which protects consumer financial information, and the health insurance portability and accountability act which protects personal health information. All employees, faculty and staff, bear responsibility for protecting confidential information from unauthorized disclosure. This is true whether this information is stored on paper, a network computer, on a laptop, on a personal digital assistant or other device.

Information that is protected by law may only be disclosed to authorized persons.

Examples of confidential information include: social security numbers, disability status, health and medical information, student advising records, student grades, student disciplinary records, consumer financial information, banner student identification numbers, trade secrets, credit and debit card numbers, and coursework produced by students.

Social security numbers are used primarily for student financial assistance and employment tax-related matters. If unique identification of an individual is required, an identifier other than a social security number should be used. The recommended identifier to use is the banner plus number. An appropriate security plan and the written consent of the information security officer is required before any university office is permitted to collect and/or maintain social security numbers.

Each faculty and staff member must assume responsibility for protecting confidential information from unauthorized exposure. This means you must do the following:

(A) Understand and follow Miami's responsible use of computing resources policy

(B) Consult the information security office if you are uncertain whether certain information is confidential

(C) Consult the information security office if you are uncertain how to safeguard confidential information

(D) Understand and follow the Miami university computing security policy

(E) Protect your computer password and change it according to standards published by the information security office in the it services knowledge base at http://ithelp.muohio.edu

(F) Not provide access to confidential information to any other person unless authorized to do so

Ohio law requires the university to take certain actions in the event of unauthorized disclosure of confidential information. You must report any suspected disclosure of confidential information to unauthorized persons to the information security officer (call 529- 9252 immediately and report that you suspect that confidential information has been disclosed). In addition to reporting the theft of any laptop, personal digital assistant or other device that contains confidential information to the appropriate law enforcement authorities, you must immediately report the loss/theft of any laptop, personal digital assistant or other device that contains confidential information to the information security office.

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339-3-22

Rule 3339-3-28 | Consensual amorous relationships.

• Effective: November 1, 2021
• Promulgated Under: 111.15

(A) What is prohibited

Subject to the limited exceptions outlined in this policy, all Miami faculty members are prohibited from pursuing or engaging in an amorous relationship with any Miami undergraduate students.

Miami graduate assistants are prohibited from pursuing or engaging in an amorous relationship with any Miami undergraduate student enrolled in their courses or over whom they have other university responsibility or authority, wherein the graduate assistant has the power or authority to alter or influence the conditions of the student's participation in the university's educational programs or activities. This specifically includes supervision in a lab or tutoring site.

Staff are prohibited from pursuing or engaging in an amorous relationship with any Miami graduate or undergraduate student over whom they have university supervisory responsibility or authority, wherein the staff member has the power or authority to alter or influence the conditions of the student's participation in the university's educational programs or activities. This specifically includes student employment, coaching, athletic training, and advisors to student organizations.

"Pursuit" means seeking a date or romantic relationship, making romantic or sexual comments to a student that a reasonable person would perceive as having intent toward such a relationship, or to seek out an amorous personal relationship. Mere presence or activity on an online dating application is not evidence of pursuit of amorous relationships prohibited under this policy.

"Student" refers to persons who have been admitted to the university (beginning at their orientation) and continuing during academic terms for which they are enrolled, and during breaks between academic periods including university holidays and vacations, and during periods of suspension. A person is no longer deemed a student when they have completed their degree program and graduated, are not seeking re-enrollment, or following one semester of having not been enrolled.

Relationships in violation of this policy should not be pursued or engaged in while the student is enrolled or the faculty or staff member is employed by Miami university.

Note that sexual harassment is covered by a different policy-the "Sexual Misconduct Protocol" - and is defined as unwelcome conduct on the basis of sex, including gender, gender identity, or expression, or sexual orientation, that is sufficiently severe and pervasive to adversely impact a term or condition of a person's ability to participate in the university's educational programs or activities. Sexual harassment includes conduct that unreasonably interferes with a person's work performance or creates an intimidating, hostile, or offensive working learning, or living environment.

(B) Exceptions

Relationships that exist prior to employment or enrollment at Miami will generally be exempted from this rule. This includes Miami employees whose partners enroll in classes at Miami.

(C) Process for reporting exceptions and violations and enforcing consequences

(1) Requesting and reporting exceptions

Relationships that exist prior to employment or enrollment at Miami should be reported by the employee when employment or enrollment begins and on the required ethics questionnaire. When partners of Miami employees enroll in classes, this should be reported via the required ethics questionnaire.

If an employee begins a relationship that is allowed by the above policy (for example, a faculty member begins dating a graduate student outside their department over whom they have no supervisory responsibility) or is already in such an allowable relationship, they should report the relationship to their supervisor and the appropriate personnel office to ensure any conflicts in reporting or supervision can be addressed. These relationships, barring any unusual conflicts, will be exempted from this policy.

When existing or developing and allowable relationships are reported, a central purpose of the reporting is to ensure that no immediate conflicts exist or come to exist in teaching or other supervisory roles.

Employees should be aware for their own protection that what appears at the time to be consensual behavior may later be perceived by one of the parties to be sexual harassment. Thus, those disclosing pre-existing or allowable amorous relationships should be aware that disclosing a relationship does not change the power differential or protect from future accusations of sexual harassment or misconduct. In the event of a charge of sexual harassment arising from such circumstances, the university will in general be unsympathetic to a defense based upon consent when the facts establish that a faculty-student or staff-student power differential existed within the relationship.

(2) Reporting potential violations of this rule

Anyone seeking to report a violation of this rule may make an anonymous ethicspoint report, contact human resources or academic personnel services, use the office of equity and equal opportunity incident reporting form, and/or contact a supervisor such as the department chair or area supervisor of the person who is believed to have violated this rule.

All reports will initially be reviewed by the office of equity and equal opportunity to ensure that reported actions do not violate sexual misconduct policies. Sexual harassment or sexual misconduct will be handled as the policies and laws governing such violations dictate. If the sexual misconduct policies do not apply, the matter will be referred to the employee's department chair, dean, or supervisor.

Actions that violate this rule will be treated in the first instance as an opportunity for education, following the existing guidelines for disciplinary action for each category of employee. Note that for faculty members, chairs are charged with initially advising their faculty regarding policy violations; "If problems identified by the department chair are not resolved following one or more personal meetings, and/or written communications, then the chair may issue a written summary, which will be placed in the faculty member's personnel file, along with any response from the faculty member." In combination with the first-line education described in this policy, the policies constitute, in effect, progressive disciplinary procedures intended to curtail the behavior and protect all involved.

Last updated November 2, 2021 at 10:14 AM

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339-3-28