Chapter 3341-1 | Contracts

Rule 3341-1-01 | Bylaws of the board of trustees.

• Effective: September 27, 2024
• Promulgated Under: 111.15

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and regulations for the organization, administration and operation of the university may be promulgated, amended, and repealed by the board of trustees on its own initiative or upon the recommendation of the university administration, the faculty, or the faculty senate, or any member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: 10/12/2022

Rule 3341-1-02 | Code of ethics and conduct policy.

• Effective: March 16, 2015
• Promulgated Under: 111.15

On June 24, 2005, the board of trustees of Bowling Green state university approved the statement below to cover all university employees. This statement does not appear in either employee handbook or in the charter.

Preamble:

It is the policy of Bowling Green state university ("university") 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.

(A) Policy statement and purpose

The purpose of this university code of ethics and conduct ("code") policy is to summarize fundamental principles of ethical conduct that are applicable to all members of the university community. While some of these standards may be detailed in other policy documents having a specific application to a particular circumstance, many other standards have been observed as good practice but have not been previously codified in any one policy statement. This code summarizes all of these important ethical principles of general application; it is not intended to replace or modify existing written policy statements containing standards tailored to specific circumstances. Those written policy statements containing more detailed standards include, but are not limited to, the following:

(1) Bowling Green state university, policy on misconduct in research

(2) Bowling Green state university, conflict of interest in sponsored research

(3) Administrative staff handbook, conflict of interest: research and consulting, appendix H

(4) Classified staff handbook, general rules of conduct and code of ethics

(5) Faculty handbook, B-II.E: employee responsibilities

(6) Faculty handbook, B-II.F: ethical responsibilities

(7) Faculty handbook, B-II.H: academic honesty policy

(8) Student handbook, academic and student codes of conduct

(9) Bowling Green state university, sponsored programs and research, policies: frequently asked questions

(10) Bowling Green state university, fraud waste and abuse, reporting procedures and information

(11) NCAA constitution and bylaws

(12) Bowling Green state university, equal opportunity and anti-harassment policies

(B) Applicability

This code is applicable to all members of the university community. For this purpose, the community consists of the students, faculty, staff, and Trustees. Every member of the university community is required to become familiar with and to observe the code in all respects. In addition, those members of the university community whose actions may be governed by the more detailed written policy statements of the university (as described in Part II) are also expected to become familiar with and to observe those policies to the extent applicable to their status with, or employment by the university.

(C) Our mission imperative

Through the provision and interdependence of teaching, learning, scholarship (including scholarship through engagement), the university has established, and continues to foster, an environment that is grounded in intellectual discovery, community engagement, and multicultural academic and social experiences, while guided in all such pursuits by rational discourse and civility to others. All members of the university community are expected to dedicate their service to, participation in, and administration of university programs and activities for the protection and furtherance of this imperative.

(D) Standard of conduct

All members of the university community shall observe the following principles of ethical conduct and avoid any situation that is, or that reasonably appears to be, a violation of any such principle.

A violation of these principles will be established if the relevant record of inquiry establishes that it was more likely than not that the violation occurred. The burden of that demonstration will rest with the authority making the decision. Unless the accused admits culpability, no such decision shall be rendered in the absence of an inquiry that allows the accused a meaningful opportunity to respond to the allegations.

(E) Principles of ethical conduct

Each member of the university community shall observe the following principles of ethical conduct:

(1) Public trust: We must act in a way to inspire public confidence in the honesty and integrity of our actions. Any violation of a law, rule, or regulation of the federal government, the state of Ohio, the city of Bowling Green, or any other political subdivision where the university transacts its business, violates the public trust and has the potential to discredit the university and impede the furtherance of its mission.

(2) Political activities: We must recognize and heed the responsibilities that we share as an instrumentality of the state of Ohio. University resources cannot be used in a way that demonstrates or reasonably implies an institutional favoritism for, or bias against, a particular political candidate or party.

(3) Business Arrangements: We must not take an illegal interest in a public contract, including any contract awarded by the university. We shall not abuse the authority, trust, or responsibility of our position, or our status as a member of this community, or otherwise act in a way to unfairly benefit ourselves or others at the expense of the university.

(4) Conflicts of interest and conflicts of commitment: We may not take any action, participate in any decision, or approve any action or decision on behalf of the university that will directly result in a benefit to ourselves, or any person or interest affiliated or connected with us. We shall avoid circumstances that reasonably imply we acted for personal gain rather than for the best interest of the university. We shall not knowingly engage in any activity on or off campus that would prevent us from fulfilling those obligations we fairly owe to the university, whether those obligations arise from our status as a student, a faculty member, a staff member, or a trustee.

(5) External constituencies: We shall treat all visitors to the university with civility and respect. We must also operate our facilities and conduct ourselves, on and off campus, in a way that does not unjustly deprive our community neighbors of enjoying the benefits of their rights as property owners. We must not act in a manner that causes any diminution in the quality of life in our surrounding neighborhoods, or that brings discredit to the university, or to any university constituent group. Our dealings with all levels of government must be direct, honest, and open. We must never misuse public funds.

(6) Diversity and respect for the individual: As a member of the university community we shall treat each other with civility and respect. We shall be tolerant of all individuals regardless of race, culture, ethnicity, gender, sexual orientation, age, and disability. We consider the gathering and association of scholars and staff with diverse personal backgrounds, human experiences, and cultures to be highly valued in our learning community. Accordingly, we shall advance diversity and treat others with civility and respect in all that we do as a member of this community and we shall consider intolerance, disrespect, and incivility to be inimical to our fundamental interests as an institution of higher education.

We also value, as a compelling academic interest of the university, the promotion of ethnic and racial diversity in our academic programs and activities and in the composition of our student body, our faculty, and our staff. The failure to provide an education with cross cultural experiences and insights will inhibit our graduates from functioning to their fullest potential in a pluralistic society. To realize this academic interest, we must engage in positive efforts to promote racial and ethnic diversity in our classrooms, in our curricula, and in all other activities that are designed to further the educational experience of our students. We also believe these efforts are supported by, and are in furtherance of our interest as an instrumentality of the state of Ohio to affirm the equal protection of law for all Ohio citizens.

(7) Community engagement: We consider the investment of the university's intellectual capital in public and private communities, by jointly working with others on problems of economic development, educational reform, and quality of life issues, to be a form of scholarship that benefits faculty, students, and our neighbors. We shall endeavor to expand the educational experiences of our students to include greater engagement with our external communities so that we may teach through the provision of needed services to others. When providing services to the community, we shall treat our neighbors with respect and dignity. We shall refrain from any action that would have the purpose or effect of disadvantaging or discouraging our students or colleagues who are, or who plan to be, engaged in such efforts as an approved element of academic instruction or scholarly research.

(8) Research: It is imperative that our research be conducted in accord with the highest standards of honesty and integrity. We must avoid conduct that invites justifiable criticism dealing with improper financial interests or other influences extraneous to the merits of the effort. When conducting sponsored research, we shall adhere to all relevant legal requirements including the rules and regulations of the office of research integrity of the public health service, the common federal policies on research misconduct issued by the office of science and technology, and/or such other rules, regulations and policies of the awarding agency or other sponsor that may be applicable.

(9) Business officers: Anyone who participates in the decision or approval process leading to the expenditure of university funds must act for and in the best interest of the university. Integrity, honesty, and a clearly auditable record of actions taken and decisions made are imperative. If we are involved in such a transaction we must not be influenced by extraneous matters; we must act in a manner consistent with all controlling laws and policies; and we must report to the ethics officer or other appropriate university office or legal authority those who would direct or solicit us to act otherwise. We must avoid personal conflicts of interest and always be alert to the potential for fraud, waste, or abuse. We must never accept or solicit anything of value for ourselves or anyone else in return for exercising our discretion in any particular way. Gratuities, except for minor gifts of nominal value, cannot be accepted if a reasonable person may conclude that the gift is of such a character that our actions could or would be influenced by that gratuity. While dealing with vendors and potential vendors to the university we must always act with professionalism and courtesy and honor the terms and conditions of the university's contractual arrangements.

(10) Record keeping: We must keep all accounting, academic, and business records of the university 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 required by the state of Ohio. 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. The intentional or negligent making of a materially false or misleading statement in the records or books of account of the university will not be tolerated. Records that are designated by management, or understood by practice, to be considered confidential must be maintained in the strictest confidence and are not to be disclosed to any party, except as directed by the appropriate university manager or as otherwise required by law.

(11) Duty to report: The president and the members of the president's cabinet, and such other employees as may be designated by the president, are under an affirmative obligation to report to the ethics officer or other appropriate university office or legal authority any conduct that they reasonably believe may give rise to a violation of this code of ethics and conduct.

(12) Misuse of university resources: All resources of the university must be used for the purposes for which they were intended. We may not improperly convert for our own personal use, or for the use of another, any property or property right of the university. We may not provide someone an advantage for obtaining, using, or accessing university property that is not based on merit and otherwise in accord with all controlling laws, rules, regulations, and policies.

(13) Non-retaliation: It is a violation of this code for anyone to retaliate against a member of the university community who, in good faith, has alleged a violation of this code. Similarly, it is also a violation of the code for anyone to retaliate against an individual who has participated in an investigation conducted under the code.

(F) Ethics officer and compliance efforts

The university's ethics officer shall be responsible for investigating alleged violations of the code, reporting findings to the appropriate decisional authority, and providing advice on the ethical requirements under this code, the laws of the state of Ohio, the federal government and such other jurisdictions as may be appropriate. The ethics officer shall not have the authority to take disciplinary action against any person. The president of the university shall appoint the ethics officer, upon consultation with the board of trustees.

In lieu of, or in the course of an investigation conducted under this part, the ethics officer may refer a matter to another office that has specific jurisdiction of the particular subject matter of the allegation under one of the specific policies described in part II of the code. No one is to abuse the code as an alternative mechanism to avoid application of existing processes attendant to those specific policies.

Inquiries and investigations that may involve the ethics officer, the president, or a member of the board of trustees shall be referred to the audit committee of the board of trustees for such action as the committee may deem appropriate.

Members of the university community are expected to cooperate fully with all inquiries and investigations conducted under the code.

(G) Implementation

The president of the university may issue such directives as the president may deem necessary to implement this code. In each such event, a copy of the directive shall be transmitted to the chair of the faculty senate, to the Presidents of the graduate student senate and undergraduate student government, and to the presidents of the classified staff and administrative staff councils. No such directive may become effective until each of the foregoing organizations is given at least thirty calendar days to comment on the directive.

The board of trustees reserves the right to cancel or modify any directive or to issue directives on its own initiative.

(H) Amendments

This code of ethics and conduct may be amended only by action of the board of trustees of the university.

Date: January 1, 2014

Last updated March 2, 2023 at 11:22 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345

Rule 3341-1-03 | Emergency cancellation, delay, and closing policy.

• Effective: January 3, 2022
• Promulgated Under: 111.15

(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
Prior Effective Dates: 3/16/2015

Rule 3341-1-04 | Delegation of management responsibility.

• Effective: September 21, 2023
• Promulgated Under: 111.15

(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: 2/11/2020, 3/3/2023

Rule 3341-1-05 | Policy development.

• Effective: October 11, 2022
• Promulgated Under: 111.15

(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

Rule 3341-1-06 | Public records.

• Effective: November 24, 2022
• Promulgated Under: 111.15

(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.

(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.

(8) Equity impact statement: the policy has been assessed for adverse differential impact on members of one or more protected groups.

Last updated November 28, 2022 at 8:40 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/16/2015

Rule 3341-1-07 | Delegation of contract and signatory authority.

• Effective: August 17, 2023
• Promulgated Under: 111.15

(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: 5/31/2021

Rule 3341-1-09 | Faculty Workload Assignment Policy.

• Effective: December 3, 2018
• Promulgated Under: 111.15

(A) Policy statement and purpose

This policy was approved by the BGSU board of trustees on May 8, 2015 (resolution 39-2015) to establish a workload policy that supports quality and excellent work of the faculty in the areas of teaching and learning, research and creative work, and professional service.

(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) Annually, each faculty member at BGSU will be assigned duties that ensure that he/she is fully engaged in the university work of providing an outstanding education for our students and building the university's reputation through scholarly work and service. Service should be aligned with the expertise of the faculty and could be outreach in the region and beyond, to the profession, or leadership in university governance. Collectively, the faculty's assignment will be subdivided in the three major areas previously mentioned-teaching, research, and service. The allocation in each area depends on the discipline and faculty member's expertise. A faculty member assignment could be completely allocated in any one of the three areas but, in most cases, a tenure-track faculty member will have assigned duties in each of the areas of teaching, research and service and a non-tenure-track faculty member will typically have assigned duties in each of the areas of teaching and service.

(2) The assignment 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 deans and the provost. The collective bargaining agreement provides the process for the annual faculty evaluations.

Last updated September 5, 2024 at 8:16 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345

Rule 3341-1-10 | Furloughs.

• Effective: May 4, 2020
• Promulgated Under: 111.15

(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
• Promulgated Under: 111.15

(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