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| Rule |
Rule 3341-1-01 | Bylaws of the board of trustees.
Effective:
September 27, 2024
Preamble The board of trustees shall conduct all university
affairs in accordance with its responsibilities and powers under the
constitution and laws of the state of Ohio. These following bylaws are intended
to provide the general framework for the functioning of the board of trustees
as the governing body legally responsible for the organization, administration,
and operation of Bowling Green state university. Detailed rules and regulations
for the organization, administration and operation of the university may be
promulgated, amended, and repealed by the board of trustees on its own
initiative or upon the recommendation of the university administration, the
faculty, or the faculty senate, or any member of the university community or
university constituency group who has the best interests of the university in
mind, but in all cases the board of trustees does retain the final authority
and responsibility. (A) Members of the board of
trustees (1) Section 1. Number of
members; appointments. (a) The board of trustees of Bowling Green state university
shall, as provided by division (A) of section 3341.02 of the Revised Code,
consist of nine voting members and two students who shall be non-voting
members, all of whom shall be appointed by the governor with the advice and
consent of the senate. The term of office of the nine voting members shall be
nine years as set forth in division (A) of section 3341.02 of the Revised Code.
The term of office of the non-voting student members shall be two years, with
the seats being vacated on alternating years. (b) As specified in division (F) of section 3341.02 of the
Revised Code, a member shall continue in office subsequent to the expiration
date of that member's term until a successor is appointed or until a
period of sixty days has elapsed, whichever occurs first. (c) The student members of the board shall be appointed by the
governor, with the advice and consent of the senate, from a group of five
candidates selected pursuant to a procedure adopted by the university's
student governments and approved by the Bowling Green state university board of
trustees. (d) The non-voting student members shall not be entitled to
attend executive sessions of the board. (2) Section 2. National
trustees (a) To take advantage of the talents, resources, and experiences
of Bowling Green state university graduates and friends who do not live in the
state of Ohio, the Bowling Green state university board of trustees establishes
the position of national trustee. (b) National trustees will be non-compensated advisors to the
board of trustees, and will have no voting privileges at board of trustees
meetings. National trustees are not eligible to become officers of the board,
but will otherwise participate in all board activities, including committee
membership. National trustees will have voting privileges on committees and may
serve as committee chairs. (c) National trustees will be selected and removed by the Bowling
Green state university board of trustees, and the board chair will prepare a
formal letter of appointment with notification to the governor of
Ohio. (d) Travel expenses for national trustees will be reimbursed
consistent with the policy for voting members of the board of trustees.
(e) A maximum of four national trustee positions are authorized,
each serving a three-year term. National trustees are eligible for appointment
to two consecutive terms (six years). To provide for consistency in national
trustee appointment cycles and alignment with the terms of governor-appointed
trustees, the board may extend the terms of any national trustee to the final
regular spring meeting (April or May) of the academic year in which their term
would have expired. (f) National trustees will be chosen on the basis of the
following attributes: Bowling Green state university graduate or friend;
successful in chosen field or business; state or national prominence; ability
to be an advocate for higher education; and willingness and ability to offer
counsel. (B) Meeting of the board of
trustees (1) Section 1. Regular
meetings. There shall be four to ten regular meetings held annually during the
months of September through June. By a majority vote, the board members may
change the date of or eliminate meetings. (2) Section 2. Regular
meetings - procedure for cancellation. (a) Following review of items to be considered by the board of
trustees, the president's cabinet (president, vice presidents, board
secretary and others designated by the president) will consider possible
cancellation or postponement of a regular meeting and notify the board chair if
the recommendation is to cancel or postpone the meeting of the
board. (b) The chair of the board will make the decision concerning
whether the meeting is to be held as scheduled, subject to appropriate review
with all other voting board members. (c) Notice and poll on proposed cancellation of a regular meeting
is to be conducted by telephone call (or electronic communication) to each
voting board member by the board secretary, as requested by the board
chair. (d) If a majority of the other voting members agree with the
recommendation of the board chair, written notice of cancellation of a regular
meeting is to be given by the board secretary to each board member, constituent
representatives, appropriate administrative staff, and the media. (3) Section 3. Special
meetings. Special meetings shall be held upon the call of the chair, or shall
be called by the chair upon written request of three voting members of the
board. (4) Section 4. Emergency
meetings: In the event of an emergency requiring immediate official action, the
chair may call an emergency meeting. (5) Notice. time and
place of meetings. Public notice of all meetings shall be given in accordance
with the requirements of section 121.22 of the Revised Code. Any person may
obtain information regarding the time, date, and location of all meetings by
contracting the board secretary or by visiting
https://www.bgsu.edu/president/trustees/meeting-resources.html. (a) Notice of regular meetings. Written notice of regular
meetings shall be mailed to each board member by the board secretary or the
office of the president of the university at least one week prior to the date
of the meeting. (b) Notice of special meetings. Notice of special meetings must
be given to each board member, and to all media outlets or other individuals
who have requested notice, by the board secretary not less than twenty-four
hours in advance, stating the time, place and purpose of the meeting.
(c) Notice of emergency meetings. Notice of an emergency meeting
must be given to all news media outlets that have requested such notification.
(d) Time and place. Unless otherwise stated in the notice of the
meeting, all meetings of the board shall be held at the university at such time
as is designated in the notice. (6) Section 6. Organization of meetings.
The chair of the board shall preside at each meeting. In the chair's
absence, the vice chair shall preside, or in the absence of both, a chair
chosen by the majority of the voting members of the board shall preside. The
board secretary (or any person appointed by the chair) shall perform the duties
of the secretary of the meeting and shall keep the minutes
thereof. (7) Section 7. Quorum, manner of action,
and electronic attendance. (a) A majority of the voting board members shall be present in
person or via electronic communication at any meeting in order to constitute a
quorum for the transaction of business, and a majority of the votes cast shall
be sufficient for any action of the board. Responsibilities and prerequisites
for attendance via electronic communication are described in paragraph
(B)(7)(c) of this rule. (b) A roll call vote shall be necessary only when acting on
motions involving the expenditure of university funds or for all acts on
motions during a meeting conducted by electronic communication. (c) Attendance by electronic communication. (i) Electronic
communication is defined as live, audio-enabled communication that permits the
trustees attending a meeting, the trustees present in person at the place where
the meeting is conducted, and all members of the public present in person at
the place where the meeting is conducted to simultaneously communicate with
each other during the meeting. (ii) Each board member
must be present in person for at least one-half of the annual regular meetings
of the board. (iii) If a board member
intends to attend a board meeting through electronic communication, the board
member must notify the chairperson of the board within forty-eight hours of
intent to attend. If the chairperson intends to attend electronically, they
shall notify the vice-chairperson. (iv) During a meeting
conducted by electronic communication, at least one-third of the voting board
members attending the meeting must be present in-person. If the chairperson
determines within forty-eight hours of a scheduled meeting that this criterion
will not be met, they shall either work with board members previously intending
to attend by electronic means to attend in-person to meet with one-third
requirement or reschedule the meeting. (8) Section 8. Conduct of meetings. All
meetings shall be conducted in accordance with the parliamentary procedure
outlined in Robert's Rules of Order, revised. (9) Section 9. Business to be considered.
(a) Introduced by a board member. Any proposed action to be
introduced by a board member which shall substantially affect the
university's policies shall be submitted to the other board members prior
to the meeting at which the matter is to be considered. (b) Recommendation by the president of the university. Faculty
tenure and promotion recommendations and all major questions of university
policy (including the annual budget) to be recommended by the president of the
university shall be submitted either completely or in summary form to each
member of the board prior to the meeting at which the matter is to be
considered. (c) Other matters. Any matter coming to the board other than from
a board member or the president of the university shall be submitted to the
secretary to the board at least three weeks prior to the meeting at which it is
proposed for consideration. (10) Section 10. Travel expenses. Division
(E) of section 3341.02 of the Revised Code provides that the members of the
Bowling Green state university board of trustees shall receive no compensation
for their services but shall be paid their reasonable and necessary expenses
while engaged in the discharge of their official duties. Reasonable and
necessary expenses for purposes of division (E) of section 3341.02 of the
Revised Code means reasonable and necessary transportation costs from the Ohio
residence of an individual trustee to and from Bowling Green state university,
the Firelands campus of Bowling Green state university or any other location
where the board of trustees may conduct an official meeting of the board.
Reimbursement of all other travel expenses shall be approved by a majority of
the board of trustees. (C) Officers of the board (1) Section 1. Number.
The officers of the board shall be a president, a vice president, and a
secretary. The said president and vice president are referred to in the bylaws
as "chair" and "vice chair," respectively, and may be
referred to by such latter titles. (2) Section 2.
Qualifications, election, and term of office. (a) Qualifications. The chair and vice chair shall be members of
the board. The qualifications of the board secretary shall be determined by the
board. (b) Election. The officers of the board shall be elected annually
at a meeting of the board in late spring. They shall take office immediately
following the adjournment of the meeting at which they were elected and shall
hold their office until their successors are elected and take
office. (c) Term of office. The chair shall be eligible for reelection
for one successive term only. (3) Section 3. Duties of
officers (a) Chair. When present, the chair shall preside at all meetings
of the board and, unless otherwise ordered by the board, shall appoint members
and designate the chairs of any committees. The chair shall perform such other
duties as usually pertain to the office, and any duties as from time to time
may be assigned by the board. Unless specifically provided to the contrary by
the board, the duties of the chair may be assigned to another member of the
board. (b) Vice chair. At the request of, or in the absence or
disability of the chair, the vice chair shall perform all the duties of the
chair, and while so acting shall have the powers and authority of and be
subject to all the restrictions of the chair. The vice chair shall assist the
chair at the latter's request. (c) Board secretary. The board secretary shall be responsible for
issuing notice of the meetings of the board, if not handled by the president of
the university, recording the minutes of all meetings of the board and
distributing them to the members of the board in advance of the next regularly
scheduled board meeting, and for performing such other duties as from time to
time may be assigned by the board and/or the chair except as otherwise herein
provided by the bylaws. (4) Section 4. Vacancy in
office. In the event of a vacancy in the office of the chair, the vice chair
shall become chair. In the event of a vacancy in any other office, the chair
shall fill it by appointment. (D) Committees (1) Section 1. The
finance and administration committee. The finance and administration committee
shall consist of at least three non-student members and one student member. The
financial affairs/facilities committee shall review all financial matters which
are to be considered by the board of trustees, except those specifically
assigned to the audit and risk management committee. In addition, this
committee shall review all proposed capital improvement projects, including
major renovation and maintenance projects, which are to be considered by the
board of trustees. The finance and administration committee shall
have an investment subcommittee, which shall consist of four non-student
members of the finance and administration committee, at least one of whom must
be a national trustee. The investment subcommittee shall also work as a joint
committee with members of the Bowling Green state university foundation board.
The subcommittee is charged with reviewing and making recommendations to both
the university and foundation boards and standing committees on matters
pertaining to advancing their respective investment strategies and plans. Broad
areas of responsibility for the subcommittee include (a) investment policy and
guidelines including asset allocation; (b) fund manager selection and
evaluation; (c) investment advisor selection and evaluation; and (d) other
related matters. In their first three or four years, new board
members shall generally be assigned to serve on both the finance and
administration and the academic and student success committees so as to learn
the work of both. Thereafter, the board chair shall try to accommodate both the
strengths of each board member and the needs of the university in making the
appointments. However, every effort shall be made to maintain continuity of
membership, especially on the finance and administration committee. (2) Section 2. The
academic and student success committee. The academic and student success
committee shall consist of at least three non-student members and one student
member. The academic and student success committee shall review all policy and
programming matters requiring attention or action of the full board which are
integral to fulfilling the academic mission of the university and to assuring a
high quality of life for students. The committee shall consider all matters
relating to educational policy and the educational mission and objectives of
the university, including the development of new academic programs and degrees,
enrollment management, student and campus life, student health and welfare,
inclusion and belonging, accreditation, instruction, research, and service. In
addition, this committee shall review all personnel policies and procedures
that require the vote of the full board, including tenure and promotion
recommendations. (3) Section 3. The audit and risk
management committee. The audit and risk management committee shall consist of
at least three non-student members. The committee will assist the board of
trustees in fulfilling its oversight responsibilities in audit and risk
management, including financial reporting, internal control, compliance and
code of conduct processes. Specific committee responsibilities are defined in
the audit and risk management committee charter, approved by the board of
trustees. (4) Section 4. The compensation
committee. The compensation committee shall consist of four non-student
members. The committee shall provide oversight and counsel to the president
regarding compensation matters related to the senior leadership of the
university. Matters to be brought to the committee include, but are not limited
to, roles and responsibilities of senior leadership positions and position
specifications; compensation strategy and comparison data; and any other
compensation matter assigned by the board or the chair of the
board. (5) Section 5. The governance committee.
The governance committee shall consist of at least four non-student members.
The committee shall consider and make recommendations to the board regarding
matters pertaining to the organization of the board and involvement and role of
trustees. Matters to be brought before the committee include, but are not
limited to, the board's structure and operation; general governance
policies and procedures; trustee orientation; workshops, retreats, and trustee
development; the statement of expectations regarding trustee comportment within
the board and with the president and internal and external constituencies;
board officer elections; board self-assessment; and any other matter assigned
to the committee by the board or the chair of the board. (6) Section 7. The joint development
committee. The joint development committee shall consist of no more than four
voting members of the board of trustees and no more than five members selected
by and from the Bowling Green state university foundation. The committee shall
consider and make recommendations to the board on matters of policy and
strategy pertaining to the university-wide integration of fund raising, alumni
relations, communications, marketing and related efforts to foster positive
relationships with students, alumni, and other key audiences; provide multiple
opportunities for engagement; and generate involvement with and support for the
mission of the university. The committee shall advise relevant university
officers and monitor progress, performance, and the integration of fundraising
efforts, alumni relations, communications and marketing strategies. Matters to
be brought before the committee may include, but shall not be limited to
fundraising and development policies; capital or comprehensive campaigns;
acceptance of gifts; and other related matters assigned to the committee by the
board of trustees or the chair of the board of trustees. (7) Other committees. All other
committees shall be ad hoc with the term of office of each member terminating
when the committee assignment is completed. (8) The chair or the vice chair of the
board shall serve as an ex officio member of each committee of the
board. (E) Administration of the
university (1) Section 1. President of the
university. The executive officer of the university shall be the president, who
shall appoint the vice presidents, with the consent of the board, and such
additional officers as the president, may from time to time select. Each
officer shall have such duties and responsibilities as are assigned by the
president and each serves at the pleasure of the president. However, in the
appointment of a new vice president for academic affairs or the evaluation of
an incumbent vice president for academic affairs, the president shares
responsibility with elected faculty representatives. (a) The president. The president as the chief executive officer
of the Bowling Green state university shall be responsible for the entire
administration of the university, subject to the control of the board of
trustees. The president shall lead in fostering and promoting education,
research, and public service as the primary aims of the university. It shall be
the president's duty to enforce the bylaws, rules and regulations and
directions of the board and, as a member of the faculty, interpret to the board
proposals and actions of the faculty. It is the policy of the board that all
information coming to trustees which is pertinent to the management of the
university shall be transmitted to the president in a timely fashion. Any
authority or responsibility of the president may be delegated to another
executive officer or to any other member of the faculty or staff of the
university. Delegation of major areas of authority or responsibility shall be
reported to the board. (b) Selection and/or evaluation of president. The selection and
periodic evaluation of the president is the responsibility of the board of
trustees. The board may utilize representatives of the faculty, administration,
student body, and others as appropriate in conducting the selection and/or
evaluation. (2) Section 2. Fiscal
officer. The vice president for finance and administration shall be deemed the
fiscal officer for all purposes except as may be otherwise specifically
provided by the board. (F) Bylaws (1) Section 1. Amendment
and repeal. These bylaws may be amended or repealed by a majority vote of the
board at any regular meeting of the board, the notice of which having specified
that amendment or repeal of the bylaws is to be considered. (2) Board of trustees
bylaws adopted by action of the trustees on July 7, 1971; subsequent amendments
adopted by the Trustees on October 24, 1971; August 31, 1972; October 24, 1972;
April 5, 1973; January 9, 1975; November 10, 1977; April 19, 1979; August 9,
1979; June 26, 1981; March 11, 1983; May 9, 1986; June 26, 1987; November 20,
1987; December 20, 1991; April 2, 1993; April 26, 1996; September 9, 1997;
February 23, 1998; June 28, 1999; February 26, 2010; June 21, 2012; May 3,
2013, February 21, 2014, September 28, 2016, December 11, 2020; March 5, 2021;
May 24, 2021; December 10, 2021; March 4, 2022, September 23,2022; June 20,
2024 Equity impact statement: the policy has been
assessed for adverse differential impact on members of one or more protected
groups.
Last updated September 27, 2024 at 7:51 AM
Supplemental Information
Authorized By:
3341
Amplifies:
3341
Prior Effective Dates:
11/13/2017
|
Rule 3341-1-02 | Ethical conduct and professional workplace behavior.
Effective:
March 13, 2025
(A) Policy statement and
purpose Bowling Green state university endeavors to
pursue its mission and conduct its academic and business affairs with the
highest degree of integrity and honesty and in a manner that is, and appears to
be, in full accord with principles of academic excellence, canons of ethical
and professional conduct, and all controlling law. This policy summarizes requirements of the Ohio
ethics laws; establishes principles to govern conflicts of commitment; and sets
forth BGSU's expectations regarding ethical conduct with respect to
professional workplace behavior and use of the university's property and
name. It sets forth minimum requirements and non-compliance may lead to legal,
disciplinary, or administrative consequences. The university has also articulated, in its
"Statement of Principles of Ethical Engagement," expectations for all
university representatives to uphold. (B) Policy scope This policy applies to all those who are employed
by or represent the university, including but not limited to its trustees,
employees, and volunteers. It supplements other university policies that govern
conduct. It is not intended to broaden the scope of Ohio ethics laws, which
apply according to their terms. Those to whom the ethics laws do not directly
apply are expected to be familiar with their requirements. (C) Policy on ethical conduct (1) Ohio ethics laws and related statutes Bowling Green state university engages with
both the public and private sectors as an important component of its research,
education, and public service activities. Chapter 102. and sections 2921.42 and
2921.43 of the Revised Code, which are part of the criminal code, set forth
Ohio's ethics laws. Chapter 102. of the Revised Code applies to
BGSU's employees and trustees and to those faculty members whose
positions involve the performance of, or authority to perform, administrative
or supervisory functions. It does not apply to faculty members whose functions
are instructional only. It prohibits a public official from using their
authority to secure anything of value for themselves or an immediate family
member or business associate and (even without the use of authority) from
accepting or soliciting anything of value if it could have a substantial and
improper interest on the official. Some examples of situations in which these
restrictions apply include outside employment, travel and meals and lodging,
and gifts. Violation of one of these ethics laws is a misdemeanor. Chapter 102. of the Revised Code also regulates
the disclosure or use, without appropriate authorization, of any information
that (a) is confidential because of statutory provisions (e.g., FERPA), or that
(b) has been clearly designated as confidential because of the status of a
proceeding or the circumstances under which the information was received, when
preserving its confidentiality is necessary to the proper conduct of government
business. Accordingly, records that are designated by other university
policies, management, professional licensure, or understood by practice to be
considered confidential must be maintained in the strictest confidence and are
not to be disclosed to anyone, except as directed by the appropriate university
manager or as otherwise required by professional licensure or law. Sections 2921.42 and 2921.43 of the Revised
Code apply to all officers, employees, and agents of BGSU (including all
faculty). Section 2921.42 of the Revised Code prohibits having an unlawful
interest in a public contract. This includes any sale of goods or services to
the university by officers, employees, and agents of the university, which is
also regulated by the university's purchasing policy. Section 2921.43 of
the Revised Code prohibits soliciting or accepting improper compensation.
Depending on the specific conduct, violation of these statutes is a misdemeanor
or a felony. (2) Nepotism Section 2921.42 of the Revised Code, which
applies to all officers, employees, and agents of BGSU (including all faculty),
prohibits a public official from authorizing the employment of a family member;
using the authority or influence of their position to secure a job for a family
member; or being involved in any decision that affects a family member's
employment. The law does not prohibit relatives from
working for the university, but it does strictly limit how that can occur.
Whenever the hiring of a family member is contemplated, including as a student
worker, the current employee should contact the office of general counsel to
assess potential Ohio ethics law implications. (3) Conflict of commitment Faculty and staff owe their primary
professional allegiance to BGSU; their primary professional commitment is to
the education, research, and other programs supporting the university's
mission. A conflict of commitment occurs when the time devoted to outside
professional activities (such as consulting, government service, public
service, or pro bono work) adversely affects an employee's capacity to
meet university responsibilities. A conflict of commitment also occurs when an
outside professional undertaking (such as submitting a grant proposal in an
individual capacity) competes with the individual's primary institutional
responsibilities. As set forth in the collective bargaining
agreement between the university and the faculty association, a conflict of
commitment exists for bargaining unit faculty members when external or other
activities are so substantial or demanding as to interfere with the
individual's teaching, research, scholarship, creative work, or service
responsibilities to the university or its students. Faculty members must avoid
any conflict of commitment between professional activities outside the
university and their university responsibilities and must avoid accepting
outside assignments that compete directly with academic functions of the
university. BGSU's administrative staff employees
also made a commitment to the university with their acceptance of an
appointment. All full-time administrative staff employees are expected to make
their university employment their principal professional commitment. Any faculty or administrative staff member
intending to engage in an external activity that may present a conflict of
commitment must disclose it to and obtain prior written approval from their
supervisor. A leave of absence to proceed with the external activity may be
required if the conflict cannot be managed to the university's
satisfaction. Adjunct faculty and all administrative and
classified staff (whether full-time or part-time) are expected to devote their
entire attention to the university during their working hours. All employees are expected to arrange outside
duties, financial interests, and activities so as not to conflict or interfere
with their primary obligation to the university. (4) Conflict of interest In addition to requiring compliance with Ohio
ethics laws, the university also prohibits considerations of personal gain from
influencing the decisions or actions of individuals in discharging their
university responsibilities. The following situations are examples of
prohibited conflicts of interest that may also constitute violations of Ohio
ethics laws: (a) Unauthorized use of
university time or resources for professional, charitable, or community
activities; (b) Exploitation of
student effort for personal gain; (c) Allowing an outside
party to have access to university facilities, programs, services, information,
or technology without proper authorization. (5) Disclosure requirements Upon hire, before a potential conflict of
commitment, and annually, faculty and staff members must inform their
supervisor of any financial interests related to their institutional
responsibilities or outside professional activities. (6) Misappropriation of university property The university's facilities and property
are to be used in its academic and business affairs only. Use of these assets
for personal purposes is not allowed. Other policies govern commercialization efforts
by faculty. External business opportunities involving any use of BGSU
facilities or property (including BGSU's name) will be treated as
opportunities belonging to the university, which may agree to pay additional
compensation to participating employees. Section 2921.41 of the Revised Code, which
applies to faculty, officers, employees, and agents of BGSU, forbids any public
official to commit theft in office. This offense includes, but is not limited
to, exerting control over anything owned by the university with a purpose to
deprive the university of it. It also includes unauthorized use of computer or
telecommunications property. Apart from potential criminal penalties, if
public property has been converted or misappropriated, the auditor of state may
issue a finding for recovery mandating repayment. (7) Other improper uses of the university's name or
resources BGSU's good name and reputation are among
its most important assets. They belong to the university as a whole, not its
individual members. Therefore, only the board of trustees, the president, and
those specifically authorized by either of them are empowered to speak on
behalf of the university. BGSU's faculty and staff do have the
right to express themselves as individuals on political matters and other
topics. Anyone speaking or writing in their individual capacity, however, must
clearly indicate that their remarks are not made in any official university
capacity and do not represent an official position of the university. Individuals employed by or representing the
university shall not do any of the following: (a) Use university assets
or resources for a political activity. This prohibition includes use of the
university name, seal, logos, street or email addresses, or phone numbers to
endorse, promote, or oppose a candidate or issue. It also includes the use of
such university resources such as funds, email, phones, computers, copiers,
postage, personnel, and other facilities or services. University facilities and
property must be used for university business only in accordance with
university policies. (b) Make any statement or
take any action that suggests the university is endorsing or opposing any
candidate for public office or any particular viewpoint. (c) Use their official
university title to endorse, promote, or oppose a candidate or issue or to
allow their official university title to be used in such a way. (d) Engage in lobbying
activity in the name of or on behalf of the university unless that activity is
part of the employee's formal job description or assignment. (8) Recordingkeeping BGSU expects all accounting, academic, and
business records to be kept in an accurate, timely, and complete manner.
Financial records, in particular, must be maintained in conformity with all
controlling generally accepted accounting principles and such other
requirements as may, from time to time, be imposed by the state of Ohio or
other governing authority. Records of material transactions must be capable of
being audited so that our actions are transparent and readily justifiable when
measured by relevant standards and requirements. (9) Non-retaliation It is a violation of this policy to retaliate
against anyone who, in good faith, has alleged or reported a violation of this
policy or participated in an investigation of an alleged violation. (10) Reporting Those who are employed by or represent the
university have an affirmative obligation to report any conduct that they
reasonably believe may violate any aspect of paragraphs (C)(1) to (C)(9) of
this policy by filing a report through the EthicsPoint website or by calling
EthicsPoint toll-free at 1-866-879-0426. Likewise, those who are employed by or
represent the university have an affirmative obligation to cooperate fully in
any investigation. (11) Role of the general counsel The general counsel is the chief ethics officer
of the university and shall be informed of any alleged violation of paragraphs
(C)(1) to (C)(9) of this policy. Offices such as internal auditing or human
resources typically investigate alleged violations within their areas of
responsibility and will report the results to the general counsel and the
appropriate decisional authority. However, the general counsel has discretion
at any time to designate a different investigatory authority, including an
external investigator, the Ohio ethics commission, or law enforcement. Any alleged violation that may involve the
general counsel, the president, or a member of the board of trustees will be
referred to the audit committee of the board of trustees, which may act as it
deems appropriate. (D) Policy on professional workplace behavior BGSU expects all of its employees, faculty and
staff alike, to conduct themselves in a professional manner that promotes a
productive work environment and the university's core values. They are
expected to exhibit a high degree of personal integrity and professionalism at
all times while on the job. This expectation applies to all interactions with
coworkers, supervisors, subordinates, vendors and contractors, students, and
visitors. Disrespectful or unprofessional behavior that a
reasonable person would find intimidating, offensive, or humiliating is
unacceptable. Such behavior includes but is not limited to shouting or other
disruptive behavior; comments that are degrading, demeaning, humiliating or
insulting; harassment; retaliation; personal attacks; and acts of
insubordination. Supervisors are to be leaders in exhibiting and
promoting professionalism and respect. This leadership includes setting clear
expectations as to professional workplace behavior and managing subordinates
through regular communication and feedback. Supervisors are expected to address
concerns about professionalism and respect through appropriate instructions or
corrective action. Failure to abide by a supervisor's
instructions as to professional workplace behavior will be considered
insubordination, which is just cause for corrective action up to and including
termination. These expectations of professional workplace
behavior are in addition to and do not alter any of BGSU's other
workplace policies (including but not limited to those against sexual
harassment, unlawful discrimination, and workplace violence). Behavior
inconsistent with these expectations may be reported to one's supervisor
or through the EthicsPoint website or by calling EthicsPoint toll-free at
1-866-879-0426. (E) Amendments This policy may be amended or rescinded only by a
majority vote of the board of trustees at a regular meeting. (F) Related policies (1) 3341-1-7 Delegation of contract and signatory
authority (2) 3341-1-12 Ohio public policy on principles of free
speech (3) 3341-2-41 Title IX sexual harassment (4) 3341-2-45 BGSU freedom of expression (5) 3341-3-70 Selection of textbooks and other
instructional materials (6) 3341-5-7 Consensual amorous relationship
policy (7) 3341-5-8 Contact with state/federal legislators and
governmental agencies policy (8) 3341-5-11 Disciplinary policy (9) 3341-5-28 Violence in the workplace (10) 3341-5-38 Sexual harassment (11) 3341-5-41 Non-discrimination in employment and
education (12) 3341-6-7 BGSU information technology (13) 3341-6-24 Reporting fraud, waste, or abuse of
university resources (14) 3341-6-38 Purchasing, sales, and disposal of university
property and asset control (15) 3341-7-1 Conflict of interest in sponsored programs and
research (16) 3341-7-5 Research misconduct
Last updated March 13, 2025 at 7:40 AM
Supplemental Information
Authorized By:
3341
Amplifies:
3341
Prior Effective Dates:
3/16/2015
|
Rule 3341-1-03 | Emergency cancellation, delay, and closing policy.
Effective:
January 3, 2022
(A) Policy statement and
purpose This policy provides a framework and protocol for
modifying normal operations during seasonal inclement weather, health hazards,
active shooter events and other emergencies. The development of this policy and these
procedures has been guided by the belief that the university is a community and
as such is usually open during periods of ordinary seasonal inclement weather
and other minor disruptions. The university values the safety of all students,
faculty and staff yet recognizes that essential operations must also be
maintained. (B) Introduction Delaying classes, canceling classes or closing
the university will be implemented only under unusual circumstances. Every
effort will be made to maintain classes and all employees are expected to
report to work unless they specifically hear otherwise. However, when health or
safety conditions and/or a declared state of emergency warrants, the university
may delay opening a campus or specific offices and areas, cancel some or all
classes and/or activities, or implement an emergency closing of all or part of
the university. (C) Scope and application This policy shall apply to students, employees,
visitors and persons or companies doing business with the university. In
addition, it shall apply to represented employees in accordance with the
applicable collective bargaining agreement. (D) Types of operations (1) Open The university's normal operating
condition. Students, employees, guests and visitors should assume the
university is open unless they have received official communication from the
university. (2) Delay or classes
cancelled The decision to delay or cancel in-person
classes resides under the authority of the president or the provost and senior
vice president for academic and student affairs. In rare instances, the
decision to cancel classes will also include remote classes, online learning
and/or the cancellation of student-related activities. For BGSU Firelands,
these decisions will be made by the dean of BGSU Firelands. Employees will still report to work at their
scheduled times. The decisions to cancel or postpone athletic
events will be the responsibility of the director of athletics and recreation
after consultation with the president or president's designee. (3) Closed The decision to close a campus resides under
the authority of the president or president's designee. The closure of
campus includes the cancellation of in-person, remote classes, online learning
and/or student-related activities. In addition, only essential employees or
those deemed essential by their supervisor (as defined in paragraph (G) of this
rule) are to report to work to continue essential operations. In general, the
university or a campus will be closed only for a significant and unanticipated
event such as a natural disaster, weather, civil unrest, pandemic affecting the
community or significant public emergencies. For BGSU Firelands, these
decisions will be made by the dean of BGSU Firelands. Employees who are working remotely are included
in a campus closure. The decisions to cancel or postpone athletic
events will be the responsibility of the director of athletics and recreation
after consultation with the president or president's designee. (E) Communication The university will communicate any changes in
university operations to students, employees, guests and visitors. (F) Weather related safety Students, employees, guests and visitors must
assume responsibility for their own health and safety, as well as for their
class or work responsibilities. If the university is open, employees concerned
about their safety for reasons specified in this policy may choose to arrive
late to work, leave early from work, or not report to work, but should first
notify their supervisor of their intention. Remote work may be allowed at the
supervisor's discretion. In addition, individuals who live outside of Wood
county or Erie county may find that their county of residence is under a level
three snow emergency when Wood or Erie county is not, making it illegal for
them to drive in their own county unless they are essential employees.
Employees in this circumstance should notify their supervisor that they cannot
drive to work. Remote work may be allowed at the supervisor's
discretion. Unless made up for by remote work, employees
shall account for time away from their workplace through the use of accrued
vacation, personal leave, compensatory time (hourly employees only), approved
leave without pay or the use of a temporary alternative worksite with the
approval of their immediate supervisor. Supervisors are responsible for assuring the
employees who report to them are aware of this policy and understand general
university procedure and any internal, departmental procedures for emergency
closing. In addition, employees are responsible for contacting their
supervisors if they are unclear about the status of the university's
operation or their need to report to work. Departments with operations involving external
groups (e.g., contractors, vendor-run operations, etc.) will communicate with
these groups regarding the university's action. (G) Essential employees Annually in the fall, the office of human
resources will collaborate with all university divisions to review and
establish the essential employee list. Essential employees provide critical
services (e.g., snow removal, maintenance of heat/water to residence halls,
dining facilities, police, etc.). If deemed necessary by their supervisor, an
essential employee is expected to report to or remain at work during campus
closure periods. Once the list is finalized, the office of human resources will
send all designated staff ID cards identifying them as essential employees.
Equity impact statement: The policy has been
assessed for adverse differential impact on members of one or more protected
groups.
Last updated January 3, 2022 at 10:52 AM
Supplemental Information
Authorized By:
3345
Amplifies:
3345
|
Rule 3341-1-04 | Delegation of management responsibility.
Effective:
September 21, 2023
(A) Policy statement and
purpose This policy is to provide a clear line for the
delegation of executive management in the absence of the president of Bowling
Green state university and when other members of the president's cabinet
are absent from the campuses. This policy also addresses the limitations for
cabinet members traveling together. (B) Policy succession (1) The president is at
all times responsible for the management of the university. This policy
recognizes there may be occasions when the president cannot be reached in an
emergency or is otherwise unavailable such as, for example, when traveling to a
place with unreliable communications. When the president is unavailable the
provost shall assume responsibility for the management of the
university. (2) If the provost is
unavailable then the chief financial officer and vice president for finance and
administration ("CFO") will assume management
responsibilities. (3) In absence of the
president, the provost, and the CFO, the order of succession shall devolve upon
the following members of the president's cabinet: (a) Vice president for partnerships and senior advisor to
the president (b) Vice president for university advancement (4) The president, or
designee, will notify the executive council, and at appropriate times, cabinet,
in advance of the dates when he/she is unavailable. Members of cabinet are
responsible for keeping appropriate university officials informed of their
availability. (5) The senior
administrators listed above are encouraged to avoid traveling together due to
the potential disruptive impact to university leadership in the event of an
accident. Under no circumstances will more than two of
the senior administrators listed above be permitted to travel together in the
same airplane, automobile, train, or bus. (C) Equity impact statement The policy has been assessed for adverse
differential impact on members of one or more protected groups.
Last updated September 21, 2023 at 8:36 AM
Supplemental Information
Authorized By:
3341
Amplifies:
3341
Prior Effective Dates:
11/7/2019, 3/3/2023
|
Rule 3341-1-05 | Policy development.
Effective:
October 11, 2022
(A) Policy statement and
purpose The faculty, staff and others associated with
Bowling Green state university ("BGSU" or "the
university") must conduct the activities of the university in compliance
with applicable laws, regulations, ethical standards, and best higher education
practices. The university must have policies to accomplish this objective. This
policy shall govern how official university policies are defined, proposed,
reviewed, approved, issued and maintained. It requires university policies to
be maintained in a uniform and consistent format in a searchable central policy
database. University policies must adapt to reflect
changing circumstances and so may be subject to amendment or rescission at any
time in accordance with the provisions of this policy. (B) Policy scope This policy applies to any person subject to a
university policy including but not limited to, students, faculty, staff,
alumni, volunteers, visitors, and others who provide services or act under the
name of the university, including contractors, vendors and consultants. Each university policy should set forth, in the
"policy scope" section, the members of the university community who
are subject to the policy. (C) Policy definitions (1) University
policy A university policy is a written rule requiring
or constraining actions that have general broad application across colleges,
schools, departments and operating units. University policies can apply to all
members of the university community and to students, faculty, staff, visitors
and others coming into contact with the university. A university policy may set
forth a governing principle, establish a controlling best practice, ensure
compliance with law or regulation, or it may manage university risk. University
policies are of such importance that there may be institutional or individual
consequences for non-compliance. (a) Only the university president or the board of trustees of the
university shall have the authority to issue an official university policy. The
university president shall determine whether a particular policy action will be
brought to the board of trustees for board approval. (b) University policies compiled under the authority of this
policy are the official version of the policies of Bowling Green state
university. While different versions of these policies may appear elsewhere the
official version shall be the one set forth in the searchable central policy
database. Other official policies may also be found in the academic charter, in
collective bargaining agreements, or other contracts. (c) All Bowling Green state university faculty, staff and
students are expected to know and comply with university policies applicable to
them. (d) The university president has the discretion to construe any
ambiguous or disputed policy provision and may delegate this
responsibility. (e) All official university policies shall be centrally
maintained by the office of general counsel on its website. Policies should not
be paraphrased. Units referencing a policy should link to the full text on the
office of general counsel website. (f) A university policy must be recommended by senior university
officers. (g) A policy approved by the president or the board of trustees
shall remain in effect until modified or rescinded in accordance with this
policy. (2) Responsible unit: The
university unit responsible for initiating, drafting, and administering a
university policy. The responsible unit leads policy development and is
responsible for identifying, proposing, reviewing and requesting the adoption,
modification or rescission of a university policy. This is the university unit
that will be principally responsible for administering the policy. (3) Responsible officer:
The university vice president, associate vice president, dean, director or
other executive responsible for supporting, sponsoring, recommending and
administering a university policy. (4) Policy statement and purpose:
Statement set out at the beginning of a university policy document that
summarizes the purpose and core provisions of the policy. (5) Effective date: The date an official
policy goes into effect. This will usually be the date when the policy, filed
as a rule, becomes effective in the register of Ohio and the Ohio
Administrative Code. (6) Revision date: The effective date of
a revision to an official university policy. (7) University procedures: The operating
procedures developed by the responsible office to implement a university
policy. University procedures are not "university policies" and do
not have to be approved according to the process described in this policy.
University procedures must be consistent with and not conflict with university
policies. Procedures that conflict with university policies are void and
unenforceable. Procedures must be reviewed and approved by the
responsible officer prior to adoption and publication. Procedures relating to
contracts or international activities should be reviewed by the office of
general counsel prior to adoption. (8) Authority of the university board of
trustees and president: Nothing in this policy limits the authority of the
university board of trustees or the university president to issue, amend, or
revoke university policies or the policies and procedures of any university
college, school, or other operating unit at any time. (9) Application to the board of trustees:
Only those university policies that are approved by the board under the
board's bylaws are applicable to the board and/or its individual
members. (10) Application to members of a
BGSU-recognized bargaining unit: to the extent that any provision of a
collective bargaining agreement (CBA) conflicts with a university policy, the
provision of the CBA shall prevail, unless that provision conflicts with an
applicable statute, law, ordinance, or federal regulation or with a rule
promulgated under Chapter 119. of the Revised Code. (11) Application to the university
community: All members of the university community, including visitors, are
subject to applicable university policies in effect. (D) Policy (1) Adopting new
policies, amending or rescinding existing policies. (a) The issuance of new university policies, or the amendment or
the rescission of existing policies, requires the approval of the board of
trustees or the university president. (b) Any university office or unit, including the faculty senate,
may identify the need for adopting, amending or rescinding a university policy.
Units seeking to adopt, amend or rescind a university policy must communicate
that request to the unit's responsible officer who will determine whether
to support and sponsor the request. (c) To ensure that university policies have a uniform appearance
and form, university policies shall conform to the standard university policy
format prescribed by this policy. (d) Upon deciding to support a request to adopt, modify or
rescind a university policy, the responsible officer shall prepare a draft
university policy in compliance with the standard university policy format
prescribed by this policy using a template provided by the office of general
counsel. The policy format requires a statement of the policy's purpose
and scope; relevant definitions and reference to any related policies. The
responsible officer shall also consult with affected university stakeholders
and constituencies and complete the equity assessment rubric. (e) The proposed university policy shall be routed to the office
of the general counsel and the president's office for inclusion on the
agenda for the policy review council The policy review council will be
comprised of six members including the provost, chief financial officer,
general counsel, chief human resources officer, chief diversity officer, and
secretary of the board of trustees, or their designees. The responsible officer
shall also communicate policy stakeholder and constituency feedback, if any, to
the policy review council. Before a policy is advanced for review by the policy
review council, the president's cabinet will be notified that such policy
will be undergoing review. (f) The policy review council shall consider the proposed
university policy and shall make recommendations to the university president or
the board of trustees as appropriate. These may include but shall not be
limited to: (i) recommending adoption, amendment, or rescission of the proposed
university policy; (ii) recommending against the adoption, amendment or
rescission; (iii) returning the proposed university policy to the responsible
officer for further action as the policy review council may
recommend. (g) Upon approval by the president or the board of trustees, the
president shall sign the university policy and forward the executed policy to
the office of general counsel for inclusion in the policy register and filing
in the register of Ohio. (h) University academic policies that are in the academic charter
as of the date this policy on policy development is adopted may be included in
the central policy register for convenience but shall continue to be subject to
the provisions of the academic charter governing amendments of the
charter. (i) Policies already in effect as of the effective date of the
policy register, shall be considered approved by the university
president. (j) The procedures set forth in this paragraph shall not apply to
revisions of either the student discipline policies and/or the student
residence life policies. Revisions thereto shall be effective upon approval by
the university president and the provost. (k) The procedures set forth in this paragraph shall not apply to
minor policy amendments. A policy amendment is minor if it is required by law,
regulation, or executive order; if it makes non-substantive changes to
practices or procedures; or if it is needed to better align the policy with
another existing university policy. A minor policy amendment may be made by the
university president after consultation with the office of general counsel, the
responsible officer, and the responsible unit. (2) Publication and
distribution of policies Upon receipt of the executed policy from the
president the general counsel shall publish the policy in the central policy
register of university policies which shall be maintained on the office of
general counsel website and file the policy as a rule in the register of
Ohio. (3) Implementation of
policies (a) Upon execution of the university policy by the university
president, the general counsel shall notify the responsible officer that the
policy has been adopted, modified or rescinded. (b) Upon notification that a policy has been approved the
responsible officer may begin to develop university procedures to implement and
administer the university policy. (c) Retention of superseded university policies and procedures:
University policies that have been modified, rescinded or superseded shall be
retained for not less than seven years after the effective date. (d) Related policies: All university policies. Equity impact statement: the policy has been
assessed for adverse differential impact on members of one or more protected
groups.
Last updated October 11, 2022 at 8:35 AM
Supplemental Information
Authorized By:
3345
Amplifies:
3345
Prior Effective Dates:
5/8/2018, 12/24/2018, 3/18/2020
|
Rule 3341-1-06 | Public records.
(A) Policy statement and purpose To ensure compliance with the Ohio Public Records Act. (B) Policy It is the policy of Bowling Green state university (the "university") to comply fully with the letter and the spirit of the Ohio Public Records Act (the "act"). In accordance with this policy, we shall release a public record to a requester within a reasonable period of time unless that record meets a statutory or other legally-recognized exemption that would prevent us from making the record publicly available. (1) What is a public record? A public record includes any document, device, or item, regardless of physical form or characteristic, including an electronic record (such as an email), created or received by, or coming under the jurisdiction of any university office, that is kept by a university office and serves to document the: (a) Organization, (b) Functions, (c) Policies, (d) Decisions, (e) Procedures, (f) Operations, or (g) Other activities of the office. (2) What is a public records request ? A public records request is any transmitted request (whether oral or written) to inspect a public record, or to have a public record copied in any medium and mailed, electronically transmitted or otherwise provided to a requester. The public records request must describe records with sufficient clarity to allow the university to identify, retrieve and review the records. The university may deny any part of a public records request that is ambiguous or overbroad or if the university cannot reasonably identify what public records are being requested. If a request is denied for any of those reasons, the university shall inform the requester of the manner in which the university maintains and accesses public records in the ordinary course of business and ask the requester to revise the request. The goal is to clarify and narrow ambiguous, overbroad or inarticulable requests in order to create a successful revised request. (3) Must the request be in writing? (a) There is "no" requirement that a public records request must be in writing. In "no" event will a written request be made a condition for receiving a public record from the university. (b) The office of general counsel, however, may ask a requester to make the request in writing, may ask for their identity, and may inquire about the intended use of the information requested, but may do so only: (i) After disclosing to the requester that a written request is not mandatory and that they may decline to reveal their identity or the intended use; and (ii) When a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the university to identify, locate, or deliver the public records sought by the requester. (4) What are the university procedures for processing a request? The procedures for processing public records requests at the university are as follows: (a) Public records requests will be centrally handled by the university's public records officer in the office of general counsel. (b) In the event that a request is initially received by a department other than the office of general counsel, each such request, whether written or verbal, must be immediately forwarded to the public records officer in the office of general counsel for further processing, unless the office of general counsel has delegated to the department the duty to respond to a defined class or classes of routine requests. (c) The office of general counsel will ask the office, department, or unit that has custody or control over the records to identify records that are responsive to the public records request. (d) The office of general counsel will evaluate the request and all records provided by the custodian ascertain if any statutory or other federal or state law exemptions apply and, if so, whether the university should assert those exemptions or waive them. Waivers dealing with material matters, if any, will be discussed with the concerned vice president, the president, and/or the board of trustees, as appropriate. If necessary, redactions will be made by the office of general counsel. (e) If copies are requested, the office of general counsel will either: (i) Forward the records directly to the requesting party; or (ii) Ask the office, department, or unit having custody of the records to forward the records to the requester. If records are requested merely for inspection, the office of general counsel will discuss that matter on a case-by-case basis with the relevant office, department, or unit. (f) The final transmittal to the requester will identify any redactions or refusals to supply the requested records and cite a legal basis for the refusal and/or redaction. The transmittal will also notify the requester of a university contact person to respond to any additional questions on the matter. (g) With respect to a request to review records only, all public records responsive to the request shall be promptly prepared and made available for inspection to the requester at all reasonable times during regular business hours. To avoid unnecessary delays, appointments will be made, when practicable, for the inspection of records. (5) What cost will be charged to the requester? (a) The office of general counsel may charge the requester for the actual costs incurred per page for copying records and, if the records are mailed, may charge the requester for the actual costs of postage. The office of general counsel may also charge the requester for the actual costs incurred for the provision of the record through a storage transfer or on a storage device, such as a flash drive. (b) The decision to charge for part or all of the actual costs incurred will depend on one or more of the following considerations: the ability of the requester to pay, the administrative burden of the university to charge for and collect nominal fees, and whether the purposes of the act will be furthered by a waiver of costs. (c) Depending on the actual costs involved with a particular request, the office of general counsel may require that the costs incurred for copying the records and the costs incurred for other supplies used in the mailing, delivery, or transmission of the documents be charged in advance of supplying the records to the requester. (d) In no event will the university charge for the labor costs incurred for identifying, compiling, or copying materials. In addition, the university will not charge for the provision of a .pdf document or a response contained in an email that is electronically provided to the requester. (e) (e) For video records kept by the university's law enforcement agency, see Policy 3341-1-13, Public Records Policy for Law Enforcement Video Records. (6) Are there any limitations on the number of requests that may be made? The university may limit the number of records requested by a person that it will transmit by United States mail to ten per month, unless the person certifies to the university in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes. For purposes of this paragraph, "commercial" is narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of the university. (7) This policy will be posted: (a) In a conspicuous place in those offices, departments, units and other work locations of the university most likely to receive records requests from members of the public; (b) On the office of general counsel's web site; and (c) In manuals or handbooks of general policies and procedures for all employees of the university.
Last updated June 23, 2025 at 1:35 PM
Supplemental Information
Authorized By:
3341.
Amplifies:
3341.
Prior Effective Dates:
3/16/2015, 11/24/2022
|
Rule 3341-1-07 | Delegation of contract and signatory authority.
Effective:
August 17, 2023
(A) Policy statement purpose The purpose of this policy is for the president to sub-delegate, to other university administrators, certain authority to bind the university as vested in the president by the board of trustees. It identifies the university employees who have been sub-delegated the authority to execute contracts and other legal documents that are binding on the university. Ohio law vests the governance of Bowling Green state university in the board of trustees. The board of trustees has adopted by-laws which provide for the appointment of the university president who serves as the university's executive officer. Among the powers the board has resolved to delegate to the president is the authority: to bind the university to certain contracts; to execute other legal documents or obligations; and to take certain personnel actions. This delegation excludes those contracts and actions that by law or board action are reserved to the board, which are listed in paragraph (F) of this rule. In this policy the president sub-delegates the contract making and other signatory authority to specific authorized university officials for each contract and legal document type specified. The university shall not be bound to any contract or legal document or other obligation made by any individual acting outside the express authority stated by this policy notwithstanding any representations or misrepresentations that may be made about the individual's apparent authority. University employees or agents signing agreements or otherwise attempting to bind the university without first obtaining authority may be personally liable for that contract or legal document, may be subject to legal action, and may also be subject to university disciplinary action up to and including termination of employment. (B) Policy scope This policy applies to all university employees when acting on behalf of the university. This policy does not apply to signatures or approvals required for internal university transactions and processes (e.g., time reports, purchase card (p-card) transactions, space reservations, or purchase orders, etc.) Principal delegations of contract signatory authority are indicated in paragraph (E) of this rule. Sub-delegations of that authority may be made only where authorized by this policy. When permitted, sub-delegations may be made only through written letter to the individual. Authority to sign a legal document or bind the university to a contract of a type specified in paragraph (E) of this rule is granted to the persons holding the applicable BGSU position identified in that paragraph. All contracts for purchases of goods or services, including grant-funded purchases, must follow rule 3341-6-38 of the Administrative Code (Purchasing, sales, and disposal of university property and asset control) and other applicable university policies. Having signatory authority does not exempt a purchase from following university procurement policies and processes. Questions concerning the scope and application of the policy should be directed to the office of general counsel. Specific operational questions may be directed to the employee's immediate supervisor. (C) Policy definitions (1) A "contract" is any agreement between the university and another party or parties which is enforceable at law. A university contract will most often involve employment, the sale or purchase of goods, services or real property, or the creation of legal relationships with other entities. (2) A "legal document" is any document requiring a signature which is not a contract, that expresses an official action of the university. Executing a legal document changes the university's legal relationship with that person or entity. (3) "Professional Services" or "Consulting" are services involving special training, skills or experience that the university procures from outside sources. Examples of professional services providers include architects, designers, and engineers. (D) Policy The authority to sign contracts and other legal documents not retained by the board is delegated to the university president who may delegate that authority to specified university officers through this policy. (1) Delegation to a position. The delegations of authority set forth in this policy are to the position, not to any specific individual. A person in the particular position on an acting or interim appointment assumes the same signing authority as if he or she held the position on a permanent basis. Sub-delegations of signatory authority as permitted by paragraph (E) of this rule must be in writing and maintained by the individuals making and receiving the sub-delegation with a copy to the office of general counsel. (2) Implied representations by signing. When a person signs a contract or legal document, the signer makes the following implied representations to the university: (a) The signer is acting within their delegated authority. (b) The signer has performed an appropriate investigation and inquiry and is satisfied that: (i) The obligations or promises set out in the contract or legal document conform to university policies, including, but not limited to, policies relating to purchasing and restricting business transactions with university employees and their family members and business associates. (ii) The obligations assumed by the university in the contract or legal document are consistent with the university's mission, including its business purposes. (iii) There is no real or potential conflict of interest or there has been adequate disclosure and vetting of any potential conflict of interest. (iv) The benefits to the university from the transaction are necessary, appropriate, and outweigh the potential risks to the university. (v) The signer has consulted with appropriate personnel within the university (e.g., finance and administration, purchasing, general counsel, risk management, etc.) (vi) The agreement does not conflict with existing university agreements. (vii) The signer has complied with all applicable pre-contract procedures, such as competitive bidding procedures. (3) Signing own name. Those employees delegated or sub-delegated the authority to sign contracts or legal documents must sign their own names and titles. (4) Electronic affirmation allowed. When electronic affirmation to bind BGSU to an obligation is used, the person authorizing the obligation must memorialize the essential terms of the transaction in writing or in a secure electronic fashion approved by the chief financial officer and vice president for finance and administration. Printing out a receipt for an on-line purchase provides an adequate memorial of the transaction. (5) Conflicts. A person with delegated authority may not sign any contract or legal document or obligate the university to an agreement in which they may have a significant personal interest preventing objective analysis or may receive a personal advantage or benefit. Contracts and legal documents in this category must first be reviewed to determine whether the conflict is manageable and for compliance with other university policy and Ohio ethics law, and if acceptable must be authorized by the person with authority at the next highest organizational level. (6) Contracts must be in writing. (E) Delegations In addition to the university president, the persons holding the following positions are hereby delegated authority to sign contracts and other legal documents on behalf of Bowling Green state university. No other persons are authorized to sign contracts and other legal documents for or on behalf of the university. No sub-delegations of authority other than those listed below may be made without written approval of the president. | Contract type | Signature authority | | Accreditation agreements | Provost | | Advertising contracts | Contracts less than $50,000: Assistant Vice President for Marketing and Brand Strategy Firelands advertising contracts less than $15,000 Dean of Firelands College | | Affiliation agreements, except clinical affiliation agreements | Provost or delegee | | Articulation agreements | Provost or delegee | | Athletic events (game contracts, broadcast, etc.) | Contracts less than $50,000: Director of Athletics or delegee | | Clinical affiliation agreements | Provost or Deans of the Colleges | | Club sports (excluding captial improvements, maintenance, custodial, etc.) (For facility use see facility rentals) | Contracts less than $50,000; Director of student engagement | | College credit plus program agreements | Provost or delegee | | Commercialization agreements for university intellectual property not subject to the patent policy | VPR | | Commercialization agreements for university intellectual property that is subject to the patent policy | See paragraph (F) of this rule | | NOTE: Commercialization agreements are with faculty-led start-up businesses | | | Construction contracts (new construction and alteration of existing facilities) | CFO (upon Board approval as required) | | Consulting contracts where the university is purchasing consulting services. | Provost or CFO or Purchasing Department per CFO delegation | | Consulting contracts where the university is providing consulting services or testing | Provost, CFO, VPP, or VPR | | Continuing education instructor/ non-credit instructor contracts | Deans of the Colleges | | Copyright licensing or transfer | VPR | | Dining agreements, institutional | CFO or Delegee | | Easements for highway or utility purposes; transfers of jurisdiction between state entities | CFO | | Employee benefit agreements | CFO | | Employment actions (including appointments and contracts) | By type and subject to compliance with university budget control procedures: | | Faculty - Deans of the Colleges (with tenure and promotion actions subject to Board of Trustees approval) | | Administrative Staff assigned to the Colleges Deans of the Colleges | | Administrative Staff within their respective areas of responsibility Vice president/CDBO/CHRO/Chief Well-Being Officer/Director of Athletics | | All Classified Staff and all non-continuing appointments CHRO | | Vice Presidents See paragraph (F) of this rule | | Employment actions not listed here or in Section (F) - President or delegee | | Enrollment management services contracts | Less than $100,000 -- Vice President for Enrollment Management | | Equipment rental | CFO or delegee | | Equipment rental for academic use | Deans of the Colleges | | Equipment rental for student organizations | Less than $15,000 --Director of Student Engagement | | $15,000 or more -- VPSES | | Events, conferences, off campus (facility rentals, transportation, catering etc.). | Alumni and Advancement VPUA | | Academic or Student Affairs; Diversity and Belonging | | Event costs $15,000 or more- Provost | | Event costs less than $15,000 Deans of the Colleges (academic) AVSES or delegee (student affairs) CDBO (diversity/belonging) | | All others - CFO or delegee | | Facility rentals (BGSU facility licensed to outside parties) | Facility Manager* or delegee | | *Ice Arena, Field House, Rec Center, Stroh All other facilities should be rented through Conference and Event Services | | NOTE: When rental involves a performing artist, defer to performing artist paragraph of this rule | | | Financial management, investment advisor contracts | Upon Board authorization, CFO | | Financial obligation contracts (e.g., contracts related to issuance of debt.) | Upon Board authorization, CFO | | Fire school | One Waiver and indemnification for Loan of Academy Equipment CFO | | Two Memo of Understanding for use of equipment - CFO | | Three Charter for Fire Training from Ohio Department of Public Safety - Provost | | Four Training proposals/bids - Dean | | Five Contract for use (destruction) of structure for fire training - CFO | | Six Application for Burn Permit (EPA) - CFO | | Seven Instructor Contracts - Dean | | Eight Lease or Purchase of equipment (Not paid for with purchasing card/P-card.) - CFO or delegee. | | Gift agreements or pledges | VPUA | | Goods or services contracts through BGSU purchasing department | CFO or delegee | | Grant agreements | VPR or delegee | | Grant proposal submissions | VPR or Director, Office of Sponsored Programs and Research | | Independent contractor agreements (speakers, individual providers of professional services not otherwise provided for) | Fee $15,000 or more Provost or CFO; Purchasing Department per CFO delegation | | Fee less than $15,000 | | Dean, Executive Director, or AVP | | Student Engagement VPSES or delegee Diversity and Belonging CDBO | | Firelands - Dean or delegee | | CFO or delegee | | Insurance contract renewals and/or changes | CFO or delegee | | Insurance claim releases (university as releasor) | CFO or delegee | | Labor agreements | See Paragraph (F) of this rule | | Leases: capital or long-term lease of real property, space or equipment (university as lessor or lessee) | CFO | | License agreements allowing use of university land (other than facility rentals) | CFO or delegee | | Library acquisitions | Dean of Libraries | | Maintenance and service of equipment and physical plant | CFO or delegee, except: | | | | Maintenance and repair of scientific/research/instructional equipment | Less than $15,000 Deans of the Colleges | | $15,000 to $100,000 - Provost | | $100,000 or more CFO | | Material transfer agreements | VPREE or Director, Office of Technology Transfer and Services | | Medical devices purchased by speech and hearing clinic for dispensing | Chair, Communications Sciences | | Music commissioning and publication agreements | Less than $15,000 Dean of the College of Musical Arts | | $15,000 or more Provost | | Patent licensing or transfer; including licensing or transfer of rights for other discoveries or inventions | See paragraph (F) of this rule | | Note: Licensing or transfer to a faculty-led start-up is by a commercialization agreement | | | Performing artist/promoter contracts | By venue and by type | | Stroh Center or other Athletics facilities Director of Athletics | | College of Musical Arts venues Dean of the College of Musical Arts | | Wolfe Center for the Performing Arts/School of Art venues Dean of the College of Arts and Sciences | | Bowen-Thompson Student Union CFO | | Student Activities VPSES or delegee | | Diversity and Belonging CDBO | | Firelands Dean of Firelands College | | Professional associations --institutional memberships | Academic memberships - Provost or delegee | | All others Vice-President, CDBO, CFO, CHRO or delegee | | Real estate purchase or lease | CFO per Board Resolution currently in effect | | Recreation and wellness (excluding capital improvements, maintenance, custodial, etc.) (for facility use see facility rentals) | Contracts less than $50,000: Chief Well-Being Officer or delegee | | Research and sponsored projects | VPR or Director, Office of Sponsored Programs and Research | | Research compliance | VPR or delegee | | Residence hall license agreements with students/parents | CFO or delegee | | Sale of surplus property | CFO or delegee | | Service agreements other than consulting | CFO or delegee; Purchasing Department per CFO delegation | | Software/SAAS/Web-Based Service license/Subscription agreements and all ITS related services | Less than $100,000 - Chief Information Officer or purchasing department per CFO delegation | | $100,000 or more - CFO | | Technology transfer agreements for technology not subject to the patent policy | VPR or Director, Office of Technology Transfer and Services | | Other contracts and legal documents not otherwise provided for | President's written delegation; also see paragraph (D)(1) of this rule |
(F) Contracts requiring board involvement The following types of contracts require reporting to or authorization or approval by the board of trustees. | Contract Type | Signature Authority | | Commercialization agreements for university intellectual property that is subject to the patent policy | President after reporting to Board of Trustees; after this reporting, President may delegate to VPREE | | NOTE: Commercialization agreements are with faculty-led start-up businesses | | | Employment actions (including appointments and contracts) | Vice Presidents President (subject to Board of Trustees approval) | | Labor agreements | President after receiving Board authorization | | Patent licensing or transfer; including licensing or transfer of rights for other discoveries or inventions | President after reporting to Board of Trustees | | Note: Licensing or transfer to a faculty-led start-up is by a commercialization agreement | |
(G) General counsel review and approval Contracts involving the following subjects must be reviewed and approved as to legal form by the office of general counsel. No contract of these types may be signed on behalf of the university unless it has first been approved as to legal form by the office of the general counsel and that approval is indicated on the face of the contract or otherwise signified in an auditable manner. Those purchases that are authorized for purchase on a p-card are not subject to this requirement. (1) Contracts involving the sale or lease or licensing of real property; (2) Contracts for which the total financial value is greater than one hundred thousand dollars; (3) Contracts with a term greater than two years; (4) Contracts for affiliation with other institutions or for foreign study; (5) Contracts for insurance; (6) Employment agreements providing for deferred compensation benefits other than those administered by human resources; (7) Contracts involving patent, copyright, trademark, or other intellectual property ownership or licensing; (8) Gift agreements; and (9) Contracts containing clauses related to: (a) Defense, indemnification, or hold harmless provisions (b) Limiting the amount or types of liability of the other contracting party, its subcontractors, agents, or successors if the contract amount exceeds ten thousand dollars (c) Establishing the choice of law, forum, or dispute resolution means (such as arbitration) (d) Automatic renewal if the annual fee exceeds ten thousand dollars (e) The university providing or requiring proof of insurance (f) The acceptance of another party's risk or liability or requiring the university to provide a warranty (g) Confidentiality, unless there is an exception for public records requests (h) Sovereign immunity. (H) General counsel review not required Contracts in the following categories do not require general counsel review prior to execution if they satisfy the following requirements: (1) Contracts that follow exactly a form which has been previously approved, as a form, by the office of general counsel (for example, a purchase order form to which no special language has been added, or categories of contracts which, in the general counsel's written opinion, do not require legal review); and (2) Contracts that the office of the general counsel has declined to approve but that are approved by either (a) The president, or (b) Any two vice presidents when they are satisfied that, as a matter of policy, signing the contract will be in the best interest of the university. (I) Abbreviations: (1) AVP associate vice president (2) CDBO chief diversity and belonging officer (3) CFO chief financial officer and vice president for finance and administration (4) CHRO chief human resources officer (5) VPP vice president for partnerships (6) VPR vice president for research (7) VPSES - vice president for student engagement and success (8) VPUA vice president university advancement (J) This university policy supersedes all previous university policies and communications concerning contract and signatory authority. (K) Related policies (rules of the Administrative Code) (1) 3341-1-02 "Code of ethics and conduct policy" (2) 3341-6-38 "purchasing, sales, and disposal of university property and asset control" (3) 3341-7-02 "copyright" (4) 3341-7-03 "patent policy" (5) 3341-7-06 "commercialization"
Last updated August 17, 2023 at 9:26 AM
Supplemental Information
Authorized By:
3341
Amplifies:
3341
Prior Effective Dates:
5/6/2015, 5/3/2016
|
Rule 3341-1-09 | Faculty Workload Assignment Policy.
(A) Policy statement and
purpose This policy promotes excellence in the areas of
faculty teaching and learning, research and scholarly/creative activity, and
professional service, and any combination thereof, in accordance with Ohio law.
Faculty workload assignments are a crucial framework at Bowling Green state
university, designed to ensure that faculty members' responsibilities and
efforts are distributed fairly, transparently, and efficiently. Through
adherence to the faculty workload assignment policy, the university aims to
create an equitable, transparent, and supportive framework that recognizes the
contributions of its faculty members. (B) Policy scope This policy applies to all BGSU full-time faculty
members covered under the collective bargaining agreement between BGSU and the
BGSU faculty association AAUP. (C) Policy (1) Annual workload (a) Annual workload is
defined as the faculty work assignment for the fall and spring semesters.
Annually, each faculty member at BGSU will be assigned duties that ensure that
they are fully engaged in the university work of providing an outstanding
education for our students and building the university's reputation
through scholarly/creative activity. Service should be aligned with the
expertise of the faculty and could be outreach in the region and beyond, to the
profession, or in university governance. Collectively, the faculty's work
assignment will be subdivided in the four major areas of: teaching/librarian
effectiveness, teaching-related activities, scholarly/creative activity, and
service. The allocation in each area depends on the discipline and faculty
member's expertise. A tenure-track faculty member will typically have
assigned duties in each of the areas of teaching/librarian effectiveness,
scholarly/creative activity and service and a qualified rank faculty member
will typically have assigned duties in each of the areas of teaching/librarian
effectiveness and service. (b) The minimum annual
workload of full-time faculty equals thirty workload units. Each workload unit
is the equivalent of one credit hour as defined in 34 C.F.R. 600.2.
(c) BGSU's faculty
workload expectations document defines all faculty workload elements and their
workload unit equivalents and includes credit hour equivalents for activities
other than teaching/librarian effectiveness, such as scholarly/creative
activity, clinical care, administration, service, and other
activities. (d) The workload for each
faculty member is approved annually by the college dean and the provost.
Workload assignments will be made during the preceding spring term before the
beginning of the academic year by the department chair/school director. These
assignments must be approved by the dean and the provost. The collective
bargaining agreement provides the process for the annual faculty
evaluations. (2) Defined teaching workload expectations The range of acceptable teaching assignments is
determined through the procedures outlined in BGSU's faculty workload
expectations document. Typical teaching loads for tenured and tenure-track
faculty range from twelve to eighteen workload units. Typical teaching loads
for qualified rank faculty range from twenty-one to twenty-four workload units.
The dean will ensure that the teaching workload of each faculty member, when
added to the credit hour equivalents for non-teaching activities, meets the
minimum annual workload of thirty workload units. Workload expectations are
subject to regular review and revision to ensure continued relevance and
effectiveness in meeting the needs of the university and the faculty. (D) Violations of policy If a faculty member fails to comply with this
policy's requirements, the university may initiate action including
remedial training, for-cause termination, or other disciplinary action,
regardless of tenure status and in accordance with the disciplinary process
outlined in the collective bargaining agreement. Termination for a violation of
this policy requires the recommendation of the dean, provost, president, and
approval of the board of trustees. (E) Periodic review and approval requirement At least once every five years, BGSU will review
this policy to determine if any updates are needed. Any updates will be
approved by the board of trustees before they become effective. The policy (as
updated, if applicable) will then be submitted to the chancellor.
Last updated June 26, 2025 at 7:26 AM
Supplemental Information
Authorized By:
3341.
Amplifies:
3341.
Prior Effective Dates:
12/3/2018
|
Rule 3341-1-10 | Furloughs.
(A) Policy statement and
purpose The board of trustees is authorized to do all
things necessary for the proper maintenance and successful and continuous
operation of Bowling Green state university. Pursuant to section 371.70.20 of
2009 Am. Sub. H.B. No. 1, and notwithstanding any rule of the institution to
the contrary, the board of trustees may adopt a policy providing for mandatory
furloughs of employees, including faculty, to achieve spending reductions
necessitated by institutional budget deficits. The purpose of this policy is to
set forth the general standards for mandatory employee furloughs that may be
implemented to address an actual or projected operating budget deficit
resulting from a reduction in state funding, a decline in enrollment, or
another loss of revenue. In addition, this policy addresses emergency furloughs
that may be declared in response to the total or partial closure of the
university. (B) Policy scope This policy applies to all university employees
and supersedes other university policies and practices, provided, however, that
employees covered by a collective bargaining agreement will be subject to the
terms of the applicable agreement. (C) Policy definitions A "furlough" is an unpaid leave of
absence from work for a specified period of time. An employee may not do work
for the university or use paid leave while on furlough. The university may
allocate the employee's reduction in pay over the balance of the fiscal
year regardless of the pay period or periods in which a furlough occurs.
Furloughs for part-time employees will be on a pro-rata basis. A furlough is not a layoff. A furloughed employee
in the classified civil service has no displacement rights. (D) Employee benefits and contributions while on
furlough Health care, dental care, vision, long-term
disability, and life insurance benefits will not be affected by a furlough.
Employees will continue to accrue vacation and sick leave during a
furlough. An employee's continuous service credit,
review date, and employment status will not be affected by any period of
mandatory furlough. Retirement plan contributions by both employees
and the university will be affected by a furlough because contributions are
based on actual earnings. FMLA eligibility may be affected because it depends
on hours of service. While on furlough, employees will remain
responsible for making all employee contributions (such as health, dental, and
other insurance payments, flexible spending accounts, and 403(b) or 457 plan
contributions) and all miscellaneous authorized deductions (such as charitable
contributions, payments to the university, and child support). (E) Policy A furlough may be necessitated by the following
circumstances: (1) Budget deficit If the president determines that the university
is facing an operating budget deficit that is so significant as to necessitate
employee furloughs to achieve a balanced budget, a mandatory furlough plan may
be implemented in accordance with this policy. In making this determination,
the president may consider any relevant actions, declarations, or announcements
by the federal and/or state governments. (2) Emergency conditions The president, in consultation with the board
of trustees, may declare an emergency furlough pursuant to an infectious
disease operations plan or similar emergency management plan. (F) Implementation procedures (1) The president may adopt a furlough plan that will set
forth the amount of furlough time and the period in which it must be taken. The
plan may consist of university-designated furlough days, furlough days chosen
by the employee with the approval of their supervisor, or a combination of
these. Employees may not be furloughed for more than twenty working days in any
fiscal year without prior approval of the board of trustees. Furloughs may be based on employee pay or
salary level, classification, or nature of employment; and may take into
account the essential operating and safety needs of the university. To the extent practicable, the university will
give employees advance notice of at least one month before requiring any
furloughs. (2) Exclusions An employee working for the university under an
H-1B visa will not be subject to furlough. Work/study students, graduate assistants, and
student workers will not be subject to furlough. The university may exempt from furlough those
employees earning less than a minimum annualized salary, as determined by the
president.
Supplemental Information
Authorized By:
3345
Amplifies:
3345
|
Rule 3341-1-12 | Ohio public policy on principles of free speech.
Effective:
January 23, 2023
(A) Policy purpose This university policy affirms the public policy
principles as set forth in section 3345.0215 of the Revised Code which requires
each public university in Ohio to adopt a policy on campus free speech that is
consistent with and adheres to the principles set forth in section 3345.0215 of
the Revised Code. (B) Policy scope The protections under section 3345.0215 of the
Revised Code, which are reflected in this policy, apply to all students,
student groups, and faculty. The obligations under section 3345.0215 of the
Revised Code, which are reflected in this policy, apply to all employees
(faculty and staff included). (C) Definitions "Faculty" or "faculty member"
means any person, whether or not the person is compensated by the university,
and regardless of political affiliation, who is tasked with providing
scholarship, academic research, or teaching. For purposes of this policy, the
term "faculty" includes tenured and nontenured professors, adjunct
professors, visiting professors, graduate student instructors, and those in
comparable positions, however titled. For purposes of this paragraph, the term
"faculty" does not include persons who primary responsibilities are
administrative or managerial unless the matter involves a course in which the
person is the instructor of record. "Student" means any person who is
currently enrolled on a full-time or part-time basis at the university. "Student group" means an officially
recognized group at the university, or a group seeking official recognition,
comprised of admitted students that receive, or are seeking to receive,
benefits through the university. (D) Policy principles In accordance with the public policy and the laws
of the state of Ohio, the university affirms the following principles: (1) Students have a
fundamental constitutional right to free speech. (2) The university is
committed to giving students broad latitude to speak, write, listen, challenge,
learn, and discuss any issue, subject to division (E) of section 3345.0215 of
the Revised Code. (3) The university is
committed to maintaining a campus as a marketplace of ideas for all students
and all faculty in which the free exchange of ideas is not to be suppressed
because the ideas put forth are thought by some or even by most members of the
institution's community to be offensive, unwise, immoral, indecent,
disagreeable, conservative, liberal, traditional, radical, or wrong-headed.
(4) It is for the
university's individual students and faculty to make judgments about ideas
for themselves, and to act on those judgments not by seeking to suppress free
speech, but by openly and vigorously contesting the ideas that they oppose.
(5) It is not the proper
role of the university to attempt to shield individuals from free speech,
inclduing ideas and opinions they find offensive, unwise, immoral, indecent,
disagreeable, conservative, liberal, traditional, radical, or wrong-headed.
(6) Although the
university greatly values civility and mutual respect, concerns about civility
and mutual respect shall never be used as a justification for closing off the
discussion of ideas, however offensive, unwise, immoral, indecent,
disagreeable, conservative, liberal, traditional, radical, or wrong-headed
those ideas may be to some students or faculty. (7) Although all students
and all faculty are free to state their own views about and contest te views
expressed on campus, and to state their own views about and contest speakers
who are invited to express their views on the campus of a state institution of
higher education, they may not substantially obstruct or otherwise
substantially interfere with the freedom of others to express views they reject
or even loathe. To this end, the university has a responsibility to promote a
libely and fearless freedom of debate and deliberation and protect that
freedom. (8) The university hall
be committed to providing an atmosphere that is most conducive to speculation,
experimentation, and creation by all students and all faculty, who shall always
remain free to inquire, to study and to evaluate, and to gain new
understanding. (9) The primary
responsibility of faculty is to engage an honest, courageous, and persistent
effort to search out and communicate the truth that lies in the areas of their
competence. (E) Nothing contained in this policy
shall be construed as prohibiting the university from imposing measures that do
not violate the First Amendment to the United States Constitution or Article I,
Sections 3 and 11 of the Ohio Constitution such as: (1) Constitutional time,
place, and matter restrictions; (2) Reasonable and
viewpoint-neutral restrictions in nonpublic forums; (3) Restricting the use
of the state institution's property to protect the free speech rights of
studetns and faculty and preserve the use of the property for the advancement
of the institution's mission; (4) Prohibiting or
limiting speech, expression, or assemblies that are not protected by the First
Amendment to the United States Constitution or Article I, Sections 3 and 11 of
the Ohio Constitution; (5) Content restrictions
on speech that are reasonably related to a ligitimate pedagogical purpose, such
as classroom rules enacted by teachers. (F) Nothing in this policy shall be
construed to grant anyone the right to disrupt previously scheduled or reserved
activities occurring in a traditional public forum. (G) Nothing in this policy shall be
interpreted as restricting or impairing the university's obligations under
federal law including, but not limited to, Title IV of the Higher Education Act
of 1965, Title VI of the Civil Rights Act of 1964, Title VII of the Civil
Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504
of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities
Act, the Age Discrimination in Employment Act, and the Age Discrimination Act
of 1975 as addressed through its non-discrimination and Title IX
policies. (H) Violations of policy by university
employee (1) Reporting a
complaint (a) Students, student groups, or faculty may submit a
complaints about an alleged violation of this policy by an employee of the
university. A complaint can be submitted to "See It. Hear It. Report
It." incident reporting portal at:
https://www.bgsu.edu/report-incident.html. (b) A complaint must be reported within thirty calendar
days of the alleged violation. The complaint must provide the date of the
incident, a description of the alleged violation, and the name of the
university employee alleged to have violated the policy. Although an anonymous
complaint is permitted, the university may have limited ability to investigat
it and/or effectively address the complaint. (2) Investigation and
hearing process (a) A complaint alleging a faculty member violated this
policy will be investigated by the office of the provost. This includes an
instructor of record engaged in instructional duties for a course that is the
subject of a complaint. The provost (or designee) will investigate the
complaint and conduct a fair and impartial hearing regarding the alleged
violation. If the hearing determines, by a preponderance of evidence, that this
policy was violated, the provost (or designee) shall determine the appropriate
remedy to address the violation and prevent any further violation of the
university policy. Potential disciplinary actions include without limitation,
oral reprimand, written reprimand, suspension or termination. (b) A complaint alleging a staff member violated this
policy will be investigated by the office of human resources. The chief human
resources officer (or designee) will investigate the complaint and conduct a
fair and impartial hearing regarding the alleged violation. If the hearing
determines by a preponderance of evidence, that this policy was violated, the
appointing authority for that staff member shall determine the appropriate
remedy to address the violation and prevent any further violation of the
university policy. Potential disciplinary actions include, without limitation,
oral reprimand, written reprimand, suspension or termination. (c) During the process, the faculty or staff respondent may
have one individual of their choice to serve as their advisor. The advisor may
not impede or interfere with the investigatory meeting. If the advisor is an
attorney, the university requires at least forty-eight hours' notice be
given to the investigator. (I) Retaliation prohibited It is a violation of this policy for any employee
to retaliate against or take adverse action toward any person for submitting a
complaint or participating in an investigation or hearing regarding an alleged
violation of the policy. Any person within the scope of this policy who engages
in retaliation is subject to a separate charge of retaliation under this
policy.
Last updated January 23, 2023 at 9:07 AM
Supplemental Information
Authorized By:
3341
Amplifies:
3341
|
Rule 3341-1-13 | Public Records Policy for Law Enforcement Video Records.
(A) Policy statement and purpose The purpose of this policy is to establish rules for the university's law enforcement agency when preparing video records for production or inspection, as allowed by Ohio Rev. Code 149.43(B)(1). These rules are in addition to those set forth in the university's general public records policy. (B) Policy (1) Charging for production or inspection costs The university's law enforcement agency will charge for the actual cost of preparing a video record for production or inspection, not to exceed seventy-five dollars per hour of video produced, nor seven hundred fifty dollars total. Actual cost means all costs incurred by the state or local law enforcement agency in reviewing, blurring or otherwise obscuring, redacting, uploading, or producing the video records. Actual cost includes, but is not limited to, the storage medium on which the record is produced, staff time, and any other relevant overhead necessary to comply with the request. (2) Prepayment is required The university's law enforcement agency will require a requester to prepay the actual cost of preparing a video record for production or inspection. It will provide an estimate of the actual cost within five business days of receiving the request. The university's law enforcement agency is not required to start preparing a video record for production or inspection until the requester pays the estimated actual cost in full. The university's law enforcement agency will notify the requester if the final actual cost is more than the estimated actual cost. The requester may be required to pay the difference between the final actual cost and the estimated cost if the requester is notified in advance that the final actual cost is more than the estimated actual cost, but the additional charge may not be more than twenty per cent of the estimated actual cost. (3) Response time Copies of video records must be produced within a reasonable period of time. Video records must be made available for inspection promptly. "Prompt" and "reasonable" take into account the time it takes the office to retrieve, download, review, redact, seek legal advice regarding, and produce the video record, as well as other facts and circumstances of the records requested. The obligation to produce a video record within a reasonable period of time, or make it available for inspection promptly, does not start until the requester pays the estimated actual cost in full. Video records will only be available for inspection during regular business hours.
Last updated June 23, 2025 at 1:36 PM
Supplemental Information
Authorized By:
3341.
Amplifies:
3341.
|
Rule 3341-1-14 | Avdancing Ohio Higher Education - Institutional Prohibitions and Affirmations.
Effective:
August 20, 2025
(A) Policy statement and
purpose Pursuant to Ohio law, the board of trustees is
required to adopt a policy incorporating the following prohibitions and
affirmations to prevent unlawful discrimination, reaffirm constitutionally
afforded rights of free expression, and ensure academic freedom and
intellectual diversity at Bowling Green state university. (B) Definitions (1) The term "intellectual diversity" means
multiple, divergent, and varied perspectives on an extensive range of public
policy issues. (2) The term "controversial belief or policy"
means any belief or policy that is the subject of political controversy,
including issues such as climate policies, electoral politics, foreign policy,
diversity, equity, and inclusion programs, immigration policy, marriage, or
abortion. (C) Policy (1) Prohibitions (a) The university will
not conduct any orientation or training course regarding diversity, equity, and
inclusion, unless approved for an exemption by chancellor of higher education
because all aspects of the orientation or course are required to do any of the
following: (i) Comply with state and federal laws or regulations;
(ii) Comply with state or federal professional licensure
requirements; (iii) Obtain or retain accreditation. (b) The university will
not maintain or create a diversity, equity, and inclusion office or department.
(c) The university will
not use diversity, equity, and inclusion in job descriptions. (d) The university will
not contract with consultants or third-parties whose role is or would be to
promote admissions, hiring, or promotion on the basis of race, ethnicity,
religion, sex, sexual orientation, gender identity, or gender
expression. (e) The university will
not establish any new institutional scholarships that use diversity, equity,
and inclusion in any manner. For any institutional scholarships existing prior
to June 26, 2025, the university, to the extent possible, will eliminate
diversity, equity, and inclusion requirements. If the university is unable to
do so because of donor requirements, the university may continue to offer those
institutional scholarships. However, the university shall not accept any
additional funds for the operation of institutional scholarships that have
diversity, equity, and inclusion requirements. (f) The prohibitions of
this paragraph do not apply to agreements or contracts regarding any research
grants entered into prior to June 26, 2025. In the event that the requirements
to obtain a research grant conflict with the prohibitions, BGSU will take steps
to comply, to the extent possible, while retaining eligibility for the research
grant. (2) Affirmations (a) BGSU's primary
function is to practice, or support the practice, discovery, improvement,
transmission, and dissemination of knowledge and citizenship education by means
of research, teaching, discussion, and debate. (b) BGSU shall ensure the
fullest degree of intellectual diversity. (c) Faculty and staff of
BGSU shall allow and encourage students to reach their own conclusions about
all controversial beliefs or policies and shall not seek to indoctrinate any
social, political, or religious point of view. (d) BGSU will demonstrate
intellectual diversity for course approval, approval of courses to satisfy
general education requirements, student course evaluations, common reading
programs, annual reviews, strategic goals for each department, and student
learning outcomes. (e) BGSU will not endorse
or oppose, as an institution, any controversial belief or policy, except on
matters that directly impact the institution's funding or mission of
discovery, improvement, and dissemination of knowledge. (f) BGSU will not
encourage, discourage, require, or forbid students, faculty, or administrators
to endorse, assent to, or publicly express a given ideology, political stance,
or view of a social policy, nor will the institution require students to do any
of those things to obtain an undergraduate or post-graduate
degree. (g) BGSU will not require
political and ideological litmus tests in any hiring, promotion, and admissions
decisions, including diversity statements and any other requirement that
applicants describe their commitment to any ideology, principle, concept, or
formulation that requires commitment to any controversial belief or
policy. (h) BGSU will not
encourage, discourage, require, or forbid students, faculty, or administrators
to endorse, assent to, or publicly express a given ideology or political stance
in any hiring, promotion, or admissions process or decision. (i) BGSU will not use a
diversity statement or any other assessment of an applicant's political or
ideological views in any hiring, promotions, or admissions process or
decision. (j) BGSU will not
encourage, discourage, require, or forbid students, faculty, or administrators
to endorse, assent to, or publicly express a given ideology or political stance
in any process or decision regulating conditions of work or study, such as
committee assignments, course scheduling, or workload adjustment
policies. (k) BGSU will seek out
invited speakers who have diverse ideological or political views. (l) BGSU will post
prominently on its web site a complete list of all speaker fees, honoraria, and
other emoluments in excess of five hundred dollars for events that are
sponsored by the university. (3) Commitment to academic freedom Essential to the atmosphere of a university is
academic freedom, the freedom of speech, freedom to teach, to learn, and to
conduct inquiry in a spirit of openness necessary to the acceptance of
criticism, the expression of differing opinions, and the pursuit of truth. The
exercise of academic freedom by faculty and students carries with it
responsibilities for the good of the academic community and society. (a) Nothing in this
policy prohibits faculty or students from classroom instruction, discussion, or
debate, so long as faculty members allow students to express intellectual
diversity. (b) Nothing in paragraphs
(C)(2)(a) to (C)(2)(d) of this policy applies to the exercise of professional
judgment about how to accomplish intellectual diversity within an academic
discipline, unless that exercise is misused to constrict intellectual
diversity. (c) Nothing in paragraph
(C)(2)(e) or (C)(2)(f) of this policy applies to the exercise of professional
judgment about whether to endorse the consensus or foundational beliefs of an
academic discipline, unless that exercise is misused to take an action
prohibited in paragraph (C)(2)(e) of this policy. (4) Accessibility services and student
organizations Nothing in this policy prohibits BGSU from
complying with any state or federal law to provide disability services or to
permit student organizations, including fraternities and sororities. (D) Violations of policy by university
employee (1) Reporting a complaint (a) Students, student
groups, faculty or staff may submit a complaint about an alleged violation of
this policy by an employee of the university. A complaint can be submitted to
the "See It. Hear It. Report It." incident reporting portal at:
https://www.bgsu.edu/report-incident.html. (b) A complaint must be
reported within thirty calendar days of the alleged violation. The complaint
must provide the date of the incident, a description of the alleged violation,
and the name of the university employee alleged to have violated the policy.
Although an anonymous complaint is permitted, the university may have limited
ability to investigate it and/or effectively address the complaint.
(2) Investigation and hearing process (a) A complaint alleging
a faculty member violated this policy will be investigated by the office of the
provost. This includes an instructor of record engaged in instructional duties
for a course that is the subject of a complaint. The provost (or designee) will
investigate the complaint and conduct a fair and impartial hearing regarding
the alleged violation. If the hearing determines, by a preponderance of
evidence, that this policy was violated, the provost (or designee) shall
determine the appropriate remedy to address the violation and prevent any
further violation of the university policy. Potential disciplinary actions
include, without limitation, oral reprimand, written reprimand, suspension or
termination. (b) A complaint alleging
a staff member violated this policy will be investigated by the office of human
resources. The chief human resources officer (or designee) will investigate the
complaint and conduct a fair and impartial hearing regarding the alleged
violation. If the hearing determines by a preponderance of evidence, that this
policy was violated, the appointing authority for that staff member shall
determine the appropriate remedy to address the violation and prevent any
further violation of the university policy. Potential disciplinary actions
include, without limitation, oral reprimand, written reprimand, suspension or
termination. (c) During the process,
the faculty or staff respondent may have one individual of their choice to
serve as their advisor. The advisor may not impede or interfere with the
investigatory meeting. If the advisor is an attorney, the university requires
at least forty-eight hours' notice be given to the
investigator.
Last updated August 20, 2025 at 7:37 AM
Supplemental Information
Authorized By:
3341.
Amplifies:
3341.
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