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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3341-5 | Administrative Staff Policies

 
 
 
Rule
Rule 3341-5-02 | Acting/interim appointment.
 

(A) Policy statement and purpose

The standard practice for filling vacant administrative positions at Bowling Green state university is to conduct as broad a search as possible, to attract the best qualified candidates, and to comply with the spirit and letter of equal employment opportunity legislation. In those situations where circumstances prohibit the utilization of a search process, an alternative staffing strategy is the appointment of an acting/interim replacement until an appropriate search can be conducted.

Situations that require appointing an individual in an acting or interim capacity represent an ideal opportunity to utilize women, minorities, veterans and the disabled in positions of increased responsibilities for both evaluative and professional developmental purposes. Strong efforts should be made to ensure that acting/interim appointments fulfill the university's goal of achieving a culturally diverse working and learning environment.

The purpose of this policy is to establish uniform procedures definitions and guidelines for the selection of acting and interim appointments at Bowling Green state university.

(B) Policy definitions

(1) Acting: A temporary appointment to a position vacated by an incumbent who is expected to return to the position at which time the acting appointment will return to his/her former position.

(2) Interim: A temporary appointment to a vacant position until a permanent appointment is made.

(C) Policy

(1) Procedures

(a) .A written request with the rationale explaining the extenuating circumstances that prohibit a department or office from conducting a formal search should be placed in writing and forwarded to the chief human resources officer (CHRO) for review. The CHRO will then forward to the appropriate vice president or as necessary, to the president for approval. The rationale should identify the candidate(s) in consideration (if any).

(b) If approved by the vice president the request shall be forwarded to the president for review along with appropriate paperwork (e.g., new contract, addendum, announcement, resume, position authorization and appointment activity record), if necessary.

(c) After review and approval, the initiating department may extend the offer to the appointee.

(2) General provisions

(a) The president, vice presidents or deans are authorized to make acting and interim appointments with or without an internal search process.

(b) Interviews may be conducted if more than one individual is in consideration for an acting or interim appointment.

(c) Acting and interim appointments shall be made in accordance with affirmative action guidelines.

(3) Duration of appointments

The length of an acting or interim appointment should normally be a maximum of one year.

(4) Restrictions

Individuals serving an interim appointment shall be restricted from participating in the search committees.

(5) Contracts

Individuals selected or appointed to an acting or interim appointment shall receive a contract addendum or receive a new contract that clearly outlines the terms and conditions of employment (e.g., salary, title etc.).

If an interim appointee is restricted from applying for the permanent position for any reason, this stipulation should be clearly explained to the individual.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/17/2015
Rule 3341-5-03 | Administrative staff compensation.
 

(A) Policy statement and purpose

In order for Bowling Green state university (BGSU) to attract and retain qualified administrative staff employees, it is BGSUs policy to maintain fair and competitive grade levels and pay ranges without regard to race, sex, sexual orientation, color, national origin, ancestry, religion, age, marital status, disability, status as a special disabled or Vietnam-era veteran, or genetic information.

(1) The purpose of the administrative staff compensation plan is to establish a system that reflects:

(a) Relationships between positions and their worth

(b) The principles of equitable compensation

(c) Competition with the external employment market

(2) Policy scope

These policies and procedures apply to all occupied administrative staff positions and supersede all previous written or unwritten practices. The ongoing responsibility for the administration of the administrative staff compensation plan (plan) is assigned to the chief human resources officer.

(a) Objectives

It is the intent of the administrative staff compensation plan to

(i) Administer the plan in accordance with the general policies of the university

(ii) Provide a compensation plan that is internally equitable (as determined by comparing similar university positions) and externally competitive with the market. When appropriate, this plan will be determined by comparing salary ranges within the university with salary ranges for similar positions outside the university.

(iii) Ensure equitable compensation for positions requiring similar educational levels, experience levels, skills, effort, working conditions, and levels of responsibilities

(iv) Ensure that the administration of the position evaluations and grade level assignments is consistent and uniform throughout the university

(v) Ensure that the administration of the position evaluations and grade level assignments is consistent and uniform throughout the university

(vi) Provide for a review process that will address inequities

(vii) Allow for the maintenance of competitive grade levels

(viii) Provide policies and procedures which ensure that the plan will be equitably and efficiently administered

(3) Policy definitions

(a) Administrative staff advisory team members

The administrative staff (AS) advisory team consists of sixteen administrative staff members selected by the administrative staff council (ASC) executive committee. Team members serve three-year terms (September first /August thirty-first) with five or six new members joining the team each year. Team members must be inactive for one year after completion of their three-year term before they can be considered for re-appointment. If a committee member cannot complete his/her term, ASCs executive committee will appoint a member from the same functional area to complete the term. Membership to this committee should include representatives from all functional areas.

The team's primary responsibility is to collaborate with human resources in the re-evaluation of job analysis questionnaires (JAQ). Human resources and past members of the administrative staff advisory team train team members to analyze, evaluate, and recommend a grade level (numeric ranking) for currently occupied administrative staff positions.

Each time an administrative staff position is re-evaluated, human resources selects four members from the team to participate in the process, attempting to rotate participation equally among members. One team member must be from the same vice-presidential area as the position being re-evaluated. The other three team members should be from different vice-presidential areas. If one member of the four-person team feels it is necessary to recuse him/herself the process can continue with a three-member team. If more than one team member wishes to be recused, a new team may be assigned. The chief human resources officer appoints two members of the human resource staff to serve as committee members.

Administrative staff team members also participate in the conciliation/appeals process, but individual team members may not participate in both the re-evaluation and the appeals process for the same position.

Administrative staff advisory team member rotation: The administrative staff advisory team consists of sixteen administrative staff members selected by the ASC executive committee for staggered three-year terms.

(i) Members will begin service on September first and serve for three years, ending on August thirty-first.

(ii) Each year, five or six new members will be appointed to replace the five or six who are completing their service.

(iii) Membership to this committee should represent all of the functional areas. If the university structure changes, the next members appointed should address any committee inequities resulting from the new structure.

(iv) If a committee member cannot complete his/her term, ASCS executive committee will appoint a member from the same functional area to complete the term.

(v) No members shall serve consecutive three-year terms.

(b) Grade level

The grade level is the numeric ranking of administrative staff positions from five to twenty-three.

(c) Human resources/administrative staff advisory team (HR/AS advisory team)

Two members of the human resources staff and the four members selected from the administrative staff advisory team comprise the HR/AS advisory team. This combined team is responsible for analyzing, evaluating, and recommending a grade level whenever an occupied administrative staff position is re-evaluated.

(d) Job analysis questionnaire (JAQ)

The job analysis questionnaire is the instrument used to describe the position responsibilities. This questionnaire is used by the HR/AS advisory team and/or human resources to determine the grade level of an administrative staff position based upon the level of knowledge and work experience, problem solving, impact on operations (the consequence of action and autonomy), communications (the degree of interaction and nature of contact), supervision and level of authority. The job analysis questionnaire must be completed in order for any administrative staff position to be created and/or changed.

(e) Pay range

The pay range is the compensation for a particular grade level. Each pay range has a designated minimum, midpoint, and maximum.

(f) Presidents compensation working group

The presidents compensation working group is comprised of administrators appointed by the president. This group routinely reviews issues regarding the plan and decides the outcome of the appeals process.

(4) Policy

(a) New administrative staff hire

New administrative staff generally is hired between the minimum and midpoint of a grade level. A salary assigned above the midpoint requires prior approval by the vice-president, after consultation with the offices of human resources and equity and diversity.

(b) Upgrade

Definition: A position is re-evaluated and assigned to a higher-grade level as a result of significant expansion in the positions existing duties and responsibilities. The incumbent is guaranteed at least a five per cent increase in salary or the minimum salary for the new level, whichever is greater.

(c) Promotion

Definition: An incumbent moves from a position requiring a certain level of skill, effort, and responsibility to a position requiring a significantly greater degree of skill, effort, and responsibility. When an employee is promoted, she/he is guaranteed at least a five percent increase in salary or the minimum salary for the new level, whichever is greater.

(d) Interim/acting positions

Definition: A staff member is assigned to a position on an interim/ temporary/ acting basis. If the assignment is longer than thirty calendar days and is in a higher grade level, the staff member receives a premium for the time served equal to at least a five per cent increase in salary or the minimum for the interim grade level, whichever is greater.

(e) Demotion

Definition: An incumbent staff member moves from a position requiring a certain level of skill, effort, and responsibility to another position in a lower grade level requiring a lesser degree of skill, effort, and responsibility. When a demotion occurs, the incumbents salary is reduced to a level in the lower pay range equivalent to his/her level in the original pay range. (Approved by board of trustees, September 13, 1996) The president, in consultation with the vice-president and human resources, must approve any exceptions to this policy.

(f) Downgrade

Definition: A position is reassigned to a lower grade level as a result of significant reduction in the positions existing duties and responsibilities. When a position downgrade occurs, the incumbents salary is reduced to the level in the lower pay range equivalent to his/her level in the original pay range. The president, in consultation with the vice-president and human resources, must approve any exceptions to this policy.

(g) Transfer

Definition: An incumbent staff member moves from a position requiring a certain level of skill, effort and responsibility to another position requiring the same degree of skill, effort, and responsibility that is assigned to the same grade level. When a transfer occurs, normally the incumbents salary will not be adjusted. The president, in consultation with the vice-president and human resources, must approve any exceptions to this policy.

(h) Market exceptions

Definition: A market exception is a special salary premium established for particular positions when unusual market conditions exist, causing excessive turnover, salary midpoints well below market average, and/or failure of current salary to attract qualified candidates. A special market salary premium may be paid for these positions.

(i) Pay above maximum

Administrative staff salaries are capped at the maximum or above the maximum of a pay range. However, staff members whose salaries are currently at or above the maximum are exempt for a period of three years. Effective July 2000, the salaries of any staff still above maximum MAY be frozen until such time as those salaries are within his/her range. If, at any time during the three years, a staff members salary should fall within range, the exemption ceases to apply to that staff member and the capped maximum will be enforced.

Staff at the maximum will be considered for a merit increase not to exceed the percentage adjustment of the pay range.

Staff above the maximum is eligible each year for a one-time, merit-based bonus not to exceed the percentage of the salary pool designated for merit each year. This will occur only when the board of trustees authorizes bonuses and will not be added to base salaries.

(j) Progression through the pay range

Definition: Progression through a pay range is the method by which an incumbent moves through his/her assigned pay range. Staff progress through pay ranges based on meritorious performance.

(k) Title revision

Title changes may be requested to more accurately reflect position responsibilities. A job analysis questionnaire is completed and forwarded to human resources in accordance with established procedures. If the proposed title accurately reflects the responsibilities, the HR/AS advisory team may recommend that the title be changed regardless of any change in the grade level. No title change occurs without approval from the supervisor, vice-president, and human resources.

(l) Salary range adjustments

Effective 1997-98, the ranges for each grade level will be adjusted in a three-year recurring cycle. In the first two years of the cycle, the pay range of each grade level will move up annually by an amount that is one percent less than the average salary increase paid to staff that year. Every third year beginning with 1999-2000, the university will re-evaluate the ranges in light of current market conditions, as well as other relevant factors, and adjust the ranges in accordance with that re-evaluation.

(m) Administrative compensation plan position evaluation/re-evaluation processes

The position evaluation process is the method by which positions are evaluated against a uniform set of criteria and assigned to established grade levels and appropriate pay ranges. Human resources conducts the evaluations for new positions. Human resources and the administrative staff advisory team jointly conduct the re-evaluation of occupied positions. Re-evaluation occurs when initiated by the incumbent, the supervisor(s), or human resources. It is anticipated that re-evaluation initiated by the incumbent or the supervisor(s) for a specific position will occur no more than once every two years. Position evaluations/re-evaluations are normally completed in twelve weeks from the time the job analysis questionnaire is submitted to human resources unless there is an agreement to extend the timelines and all parties are informed.

(i) Positions are evaluated when one of the following occurs:

(a) A new position is created. A supervisor, area head, dean, vice-president, or president/designee, in consultation with human resources, is responsible for submitting a completed job analysis questionnaire to human resources.

(b) A position becomes vacant. A supervisor, area head, dean, vice-president, or president/designee in consultation with human resources is responsible for submitting a completed job analysis questionnaire to human resources.

(ii) Positions are re-evaluated when one of the following occurs:

(a) A significant change in responsibilities occurs or is proposed in existing positions. Re-evaluations are initiated by the incumbent or the supervisor submitting a completed job analysis questionnaire to human resources.

(b) Reorganization occurs. Re-evaluations are initiated by an area head, dean, vice-president, or president/designee prior to the reorganization and in consultation with human resources. Reorganization may result in significant changes in position responsibilities.

(iii) Re-evaluation process for administrative staff positions initiated by the incumbent and/or supervisor:

(a) The initiator completes the job analysis questionnaire that is found on human resources web site. The criteria used in the grading process are also on this web site. If the initiator is the employee, the completed job analysis questionnaire is forwarded to both the immediate supervisor and the second-level supervisor for signature and comment. When an initiator is a supervisor, area head, or vice-president, the supervisor meets with the incumbent to discuss position responsibilities and obtain signatures on the job analysis questionnaire. The supervisor comments, signs, and forwards the job analysis questionnaire to the second-level supervisor. Supervisor and employee retain a copy.

(b) Upon receipt of the job analysis questionnaire, the second-level supervisor evaluates, comments, signs, and forwards the job analysis questionnaire to human resources.

(c) Upon receipt of the completed job analysis questionnaire, human resources logs in the job analysis questionnaire, notifies the initiator, and begins a tracking/timeline. Human resources review all documents for completeness, gathers additional information as needed, and distributes the documents to the HR/AS advisory team. Any changes, additions, or deletions made to the job analysis questionnaire by human resources must be forwarded to the employee and supervisor.

(d) The HR/AS advisory team analyzes, evaluates, and recommends a grade level based on the established criteria. In the event the HR/AS advisory team requests additional information, human resources gathers the additional information and forwards it to the team.

(e) Human resources forwards the results of the re-evaluation to the immediate supervisor and the appropriate vice-president for consideration. If the position reports directly to the president, it is forwarded to the president/designee for consideration.

(f) After input from the immediate supervisor and/or the secondary supervisor, the vice-president or president/designee reviews all documents and forwards a written decision about the position to human resources

(g) Immediately following the vice-presidential or presidential/designee decision, human resources forwards copies of the re-evaluation results, including documentation that supports the committees recommendation to the employee and the appropriate supervisory structure.

(h) Administrative staff and/or initiators who do not agree with the determination may meet with human resources and, if appropriate, the immediate supervisor for further explanation. If there is still no agreement, the staff member and/or initiator may follow the conciliation/appeals process.

(n) Conciliation/appeals process

The purpose of the conciliation/appeals process is to ensure prompt resolution of disagreements regarding the results of position re-evaluations and subsequent placement in the plan.

(i) There are three steps in the process:

(a) Conciliation meeting

(b) Appeals board

(c) Presidential appeal

(ii) Conciliation meeting

The conciliation meeting, facilitated by the chief human resources officer/designee, provides the initiator of the conciliation process and the vice-president with an opportunity to resolve the complaint in a collaborative, informal fashion. If the position reports directly to the president, the president/designee will participate in the conciliation process. Participants in the meeting include:

(a) Employee

(b) Immediate supervisor

(c) Vice-president or president/designee

(d) Chief human resources officer/designee

(e) ASC review team member from the initial re-evaluation team

The process is normally completed within four weeks unless there is an agreement to extend the timelines and all parties are informed.

(iii) Appeals board

The appeals board provides the initiator of the appeals process an opportunity to achieve resolution through the involvement of administrative staff in reviewing the appeal and making recommendations to the presidents compensation working group. The appeals board consists of five members of the administrative staff advisory team who have not been involved in the re-evaluation or conciliation process. Human resources is available as a resource.

The process is normally completed within sixteen weeks unless there is an agreement to extend the timeline and all parties are informed.

(iv) Presidential appeal

Within seven calendar days of receiving the decision of the presidents compensation working group, the initiator or vice-president appeals in writing to the president or his/her designee. The designee cannot be from the initiator's vice presidential area, human resources, or presidents compensation working group. If the position reports directly to the president, the president appoints a designee for this process. Within thirty calendar days after receiving the appeal, the president or designee makes a decision and notifies in writing the initiator, supervisor, vice-president, presidents compensation working group, and human resources.

The decision of the president or designee is final.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-04 | Administrative staff notice.
 

(A) Policy statement and purpose

To define the policy and procedure for the notification of non-renewal of a contract of an administrative staff employee.

(B) Policy

(1) Appointments to full or part time administrative staff positions are considered to be on going unless:

(a) The contract states the contrary.

(b) Termination of the contract with appropriate notice of non-renewal. An administrative appointee not to be continued in his/her position shall be informed:

(i) For individuals with ten years or more of consecutive service to the university: one hundred eighty days notification, including weekends and holidays

(ii) For individuals with six to ten years of consecutive service to the university: ninety days notification, including weekends and holidays.

(iii) For individuals with three to six years of consecutive service to the university: sixty days notification, including weekends and holidays.

(iv) For individuals with less than three years of consecutive service to the university: forty-five days notification, including weekend and holidays.

(v) For individuals hired after July 1, 2009: thirty days notification, including weekends and holidays.

(2) Except for new employees under paragraph (B) of this rule who shall never be entitled to more than thirty days advance notice of non-renewal, an administrative staff employee shall receive the amount of notice of non-renewal commensurate with the employees length of continuous, uninterrupted employment with Bowling Green state university. The length of service shall be determined as of the effective date of the notice of non-renewal, not as of the effective date of termination of employment.

(3) The employment of an administrative staff employee whose position is funded by grant(s) shall be conditional upon the continuing receipt of grant funds by BGSU. In the event the grant funding subsidy shall become unavailable to BGSU that individuals employment shall cease upon the cessation of funding and the employee shall be entitled to no advance notice of termination

(4) Recommendations for non-renewal will be made by the area head to the appropriate contracting officer whether president, appropriate vice-president or dean. The contracting officer will issue the notice of non-renewal.

(5) Release.

Release may be affected in case of financial exigency. If financially possible the staff member concerned will be given thirty calendar days notice including weekends and holidays, prior to the date of release.

(6) Termination for cause.

(a) An administrative staff member may be terminated for cause at any time for the following reasons;

(i) Conviction of a felony;

(ii) If credentials are proved to be fraudulent;

(iii) Failure to perform duties and services (as identified in the appointed position or title and/or as may be assigned or changed) to the satisfaction of the staff members immediate supervisor;

(iv) Or for incompetency, inefficiency, dishonesty, drunkenness, possession or use of illegal drugs, immoral conduct, insubordination, neglect of duty, violation of university policy, or any acts of misfeasance, malfeasance, or nonfeasance in office.

(b) Nothing in this section will prohibit a disciplinary action of suspension for cause.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-05 | Administrative staff performance-based merit system.
 

(A) Policy statement and purpose

To set out the rules for the merit based compensation review of administrative staff.

(B) Policy

A number of important principles must form the foundation for an effective performance appraisal process and for the equitable distribution of salary increment awards. A performance-based merit system for awarding employee salary increases provided such a system is fair, equitable, and firmly grounded on these principles. Merit means a salary increment that is allotted for performance of duties that meets or exceeds unit expectations. The following principles underlie an effective performance-based merit system:

(1) An effective merit system should promote employee recruitment and retention, adequately reward conscientious performance of normal duties and responsibilities, and provide incentives that encourage distinguished, innovative and creative achievements to meet unusual challenges and opportunities when they arise.

(2) A salary system should be designed to promote internal salary equity (based upon the administrative staff compensation plan) as well as external salary equity (based upon salary comparisons among individuals in similar positions from similar universities, colleges or departments). The institution should monitor and ensure that employee salaries continue to be commensurate with individual employee's skills, abilities, and experience.

(3) A performance-based merit system may include a component of peer-review when appropriate. Appropriateness will be determined by and subject to review and approval of the president or area vice president.

(4) A performance-based merit system should engender the type, quantity, and quality of performance that contributes to the achievement of institutional and unit missions and goals. The reward system also needs to account for a variety of ways that an employee may support these missions and goals.

(5) A performance-based merit system needs to establish a clear connection between employee performance and reward. Meritorious performance should be rewarded in tangible ways. A department or unit must clearly identify the normal expectations and performance standards that are expected of all staff. Through this process, indicators must be identified for performances that fall below standard expectations for merit as well for those types of achievements that surpass the unit's standard expectations.

(6) The performance appraisal process should provide employees with constructive comments that enable them to develop professionally and make improvements in performance.

(7) A performance-based merit system must avoid trivializing the system by spreading merit too thinly and thus minimizing the impact of any incentive awards given.

(8) Even the best annual review systems may produce salary inequities or may fail to appropriately reward contributions or performances spread over longer periods of time. Thus, an annual merit review system needs to be supplemented by periodic five-year comprehensive reviews on a rotating schedule.

(9) A performance-based merit or salary reward system should foster cooperation among staff, should reward individuals for collaborative efforts and should generate wide support and general satisfaction on the university campus.

(10) Both the performance-based merit system and the performance appraisal process will be reviewed annually by administrative staff counsel, which will make recommendations for modification as appropriate.

(C) Bowling Green state university will adopt a performance-based merit reward system based on these principles.

(1) Principles

(a) Each year, the university should identify, review and address employee salaries which may be inequitable. Funds should be made available on a regular, on-going basis to correct salary inequities, make market adjustments and salary adjustments deemed appropriate following comprehensive reviews of employee performance and salary, and to support raises for promotions. These funds should not be considered part of the annual merit pool.

(b) To establish a clear connection between employee performance and reward, meritorious performance should be rewarded in tangible ways. Each employee will have a performance appraisal form plan with specified performance indicators to be rewarded.

(c) A performance-based merit system must be administered openly and reliably. Thus, changes in evaluation and merit pay criteria must be completed before the new contract year, i.e., before June thirtieth of the prior contract year. To ensure that employees can contest unfair merit assessments, timely disclosures of merit performance evaluations are necessary. Continual dialogue between the supervisor and the employee about progress towards goals is essential.

Time deadlines

(i) Performance appraisal forms must be completed by May thirty-first of the prior contract year.

(ii) Evaluations must be completed and results shared with staff member by May thirty-first.

(iii) Merit criteria must be known prior to start of next contract year.

(iv) A supervisor will meet with employees between November fifteenth and January fifteenth for a dialogue on progress toward their annual goals. The supervisor will document at that time an employee's performance appraisal form which is falling below the satisfactory level. The supervisor will be expected to continue to engage in on-going dialogue with the employee to improve employee performance.

(d) A supervisor's merit evaluation will include an assessment of the completion of performance evaluations and merit pay recommendations for their staff on time. Failure to do so will be deemed performance below expectations.

(e) The office of human resources will review all annual performance evaluations and merit pay recommendations to ensure consistency and integrity. Issues concerning the process will be communicated to ASC-PWC on an annual basis.

(f) The annual merit allocations should be based upon the meritorious accomplishments over the past three-year period on a rolling basis, i.e., each year new information is added to the file for the most recent year and information for the oldest year is eliminated from the file. This will help to reduce inequities that can result from differences in the merit funds available each year and from fluctuations in performance that may occur from year to year.

(g) All employees will be evaluated in their annual performance reviews to determine their eligibility for merit. Merit eligibility is determined by the job performance of an employee, as assessed by the administrative staff performance appraisal form. Performing one's job at a satisfactory level and in a competent manner is the basis for merit pay. Given that an employee will qualify for a merit increase by meeting, as well as exceeding, unit standards, it is expected that very few employees will fail to qualify for merit.

(h) Any employee who does not qualify for merit in their annual performance review should not receive a salary increase. A professional development fund equal to the uniform percentage raise that would have been allocated to the individual, should be made available to the department or academic unit for employee development, with priority given to assisting employees who have failed to qualify for a merit increment.

(i) If the total merit pool for salary increments in a given year is three percent or less, all employees who qualify for merit in their annual performance reviews will receive the same percentage increase in salary.

(j) If the total merit pool for salary increments in a given year is more than three percent but less than five per cent, it will be allocated according to the following guidelines:

(i) Three percent of the total salaries of employees shall be allocated as a three per cent increase in salary to all employees who qualify for merit based on their annual performance reviews.

(ii) The remaining difference between the total merit pool and the three percent of the total salaries of the administrative staff shall be allocated to departments and units for recognition of those employees whose level of performance exceeds department or unit expectations as defined by the merit policy of the department or unit.

(k) If the total merit pool is five per cent or more, it will be allocated according to the following guidelines:

(i) Sixty per cent shall be allocated to departments/units to be used as an equal percentage increase in salary to all employees who meet or exceed department/unit expectations and thereby qualify for merit in their annual performance reviews.

(ii) Forty per cent shall be allocated to departments/units for recognition and reward of those employees whose level of performance exceeds department/unit expectations as defined by the merit policy of the department/unit.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-06 | Staff company seniority date and vacation benefits service date.
 

(A) Policy statement and purpose

To define the two dates used in the system for the purpose of calculating staff awards and determining the years of service used in awarding classified staff vacation accruals

(B) Policy

(1) Vacation benefits

Service date: is used for the purpose of determining years of service for full time and/or part time classified staff vacation accruals. A year of service is defined as non- student active employment with any agency or subdivision of Ohio. Time spent on authorized leave of absence (twelve months or less) followed by reinstatement is counted. Time spent in the military service or the Ohio national guard prior to becoming a public employee is also counted.

Hours worked at BGSU as an intermittent employee, administrative staff time, a non-student letter of appointment (NLSA) and/or someone who worked as a faculty member shall be identified as active employment with an agency or subdivision of Ohio and counted for years/hours of service for the purpose of vacation accruals, when successfully hired into a full time and/or part time classified staff position eligible for vacation accrual.

Hours worked will be converted in service credit hours, days, months and years and reflected on the benefits service date. The benefit service date will be updated in the system at the time of hire into a classified job for which vacation accrual is applicable.

(2) Company seniority date: is used for the purpose of recognizing staff with increments (i.e. five, ten, fifteen, etc.) or more years of consecutive service to Bowling Green state university. For all administrative and classified staff member hired on or after July 1, 2005, university service is based on consecutive permanent full-time and part-time employment of each staff member.

(3) Additional information:

Employment periods not included in the service awards calculations are:

(a) Student employee position

(b) Graduate assistantship or internship

(c) Intermittent classified position

(d) On call classified position

(e) Non student letter of appointment

(f) Part time faculty appointment (includes fall, spring, and summer semesters)

(g) Other temporary positions

Any breaks in service and rehire in permanent positions will result in years of service starting on the first day of rehire back to the institution. Also, transferring between accruing classes does not affect service time (e.g. moving from administrative to classified position. For all administrative and classified staff members hired prior to July 1, 2005, the office of human resources will consider the inclusion of prior temporary service time to BGSU as well as periods of employment to the institution that are separated (e.g. rehire)

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-07 | Consensual amorous relationships policy.
 

(A) Policy statement and purpose

Bowling Green state university (BGSU) promotes an atmosphere of professionalism based on mutual trust and respect. The integrity of interaction among faculty, staff, and students must not be compromised. Consensual amorous relationships between persons having an evaluative, supervisory, or decision-making relationship present an inherent risk of a conflict of interest. The purpose of the consensual amorous relationship policy is to define consensual amorous relationships and to define the circumstances when these relationships are impermissible at BGSU and may subject individuals involved to discipline appropriate to the circumstances.

(B) Definitions

(1) Adjunct faculty:

A part-time faculty member who provides instructional service to the university, but who is not regularly or continuously on the faculty.

(2) BGSU community:

Faculty, adjunct faculty, faculty administrators, staff members, students, and vendors.

(3) Consensual amorous relationships:

For purposes of this policy, a consensual amorous relationship is one involving individuals who mutually and consensually understand a relationship to be romantic and/or sexual in nature and where one of the individuals is in an evaluative or supervisory or decision making relationship with the other. The definition of a consensual amorous relationship does not include married persons. Amorous relationships with individuals below the age of eighteen are not considered consensual and are prohibited.

(4) Evaluative or supervisory authority:

An individual has direct evaluative, supervisory or decision-making authority when that individual is responsible for, or makes or could make contributions to evaluating, assessing, grading, assigning, promoting, disciplining, or otherwise determining the terms, conditions, or benefits of the other participants academic or employment performance, progress, or potential.

Common examples of evaluative or supervisory authority include:

(a) Assessing academic or research performance;

(b) Determining academic or research performance;

(c) Influencing academic or research progress or potential;

(d) Assessing employment performance;

(e) Evaluating employment progress;

(f) Assessing employment potential;

(g) Determining entitlement to any institutionally conferred right;

(h) Determining eligibility for any institutionally conferred benefit;

(i) Providing an opportunity to any institutional conferred right or benefit;

(j) Overseeing of academic, research, or employment;

(k) Managing of academic research, or employment; and

(l) Directing co-curricular, athletic, or other institutionally prescribed activities.

(5) Full-time faculty:

All persons holding full-time academic appointment or rank who are not administrators. All persons holding full-time faculty contracts. All persons holding faculty rank who serve as full-time faculty in the university libraries.

(6) Faculty administrators:

The president, the provost, vice presidents (holding faculty rank), associate and assistant deans, associate and assistant vice-provosts and all individuals holding appointments as dean, chair, or director.

(7) Staff members:

Any individual, other than faculty, who is employed by BGSU. This includes classified and administrative staff, or other employees not defined within other sections of this policy.

(8) Students:

Any individuals who are:

(a) Currently enrolled in a credit or non-credit class at one of the colleges or campuses of BGSU;

(b) Matriculated or non-matriculated;

(c) Prospective students (including applicants and accepted applicants.

(9) Vendor:

Any individual who or company or business which contracts with the university to provide goods or services to the university.

(C) Policy

(1) Conduct

Consensual amorous relationships between members of the BGSU community are prohibited when one participant has evaluative, supervisory, or decision-making authority over the other, as such relationships may create an inherent conflict of interest.

An individual in the evaluative, supervisory, or decision-making position is required to disclose any consensual amorous relationship to his or her supervisor. After disclosure, the individual shall cooperate with the supervisor to ameliorate any existing or potential conflict.

(2) Violations

A violation of this policy occurs when an individual with supervisory or evaluative or decision-making authority: (a) allows a consensual amorous relationship to occur or continue without reporting; or (b) fails to disclose or report a consensual amorous relationship; or (c) fails to cooperate in ameliorating any existing or potential conflict associated with a consensual amorous relationship.

Violations of this policy must be reported to the office of human resources or the office of the provost. The offices of human resources or the provost will investigate or review the alleged violation and determine appropriate action. Investigations of violations of this policy, and any discipline that may result, shall be done in accordance with the university policy, procedure, or collective bargaining agreement applicable to the individuals involved. In the case of represented employees, those shall be the collective bargaining agreement. In the case of administrative and classified staff employees, those shall be the employment procedures applicable to those positions, as those may change from time to time. In the case of students, those shall be the student code of conduct as that may change from time to time.

A violation of this policy, including the failure to disclose a consensual amorous relationship as described above, may lead to disciplinary action as appropriate, regardless of how the violation is brought to the universitys attention.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/17/2015
Rule 3341-5-08 | Contact with state/federal legislators and governmental agencies policy.
 

(A) Policy statement and purpose

To set out the rules and procedures governing official university interactions with state and federal legislators and governmental agencies by university employees and students.

(B) Policy

It is university policy that all contact with state and federal legislators and governmental agencies be coordinated through the office of university relations and governmental affairs. That office, working with the president, is responsible for engaging in meaningful dialogue and relationships with government officials and agencies at the local, state and federal levels. Also inherent in those responsibilities is the task of communicating with members of the community on how employees can ethically and legally participate in the governmental process if they choose to do so.

Bowling Green state university encourages all students, faculty and staff to exercise their rights and duties as citizens to participate as private citizens and individuals in the governmental process. Federal and state laws, however, clearly distinguish between the political activities of individuals and those of tax-exempt institutions and governmental instrumentalities such as BGSU. Therefore, it is important for all employees of BGSU to abide by all governing legal principles in making contact with legislators and governmental agencies. Some policy guidelines follow:

(1) Use of university name/letterhead

(These guidelines apply when university employees contact state and federal officials or agencies for personal, not official university purposes.)

(a) BGSU faculty/staff should not allow their own names to be used in ways that state or imply university endorsement.

(b) It should be clearly understood that opinions expressed by a faculty or staff member are the opinions of the individual and not an official position of the university.

(c) Use of the university letterhead, address, e-mail system or other identification that might associate the content and conclusion of the document with the university should be avoided. University/departmental letterhead and/or e-mail systems should be reserved for correspondence regarding university affairs.

(d) You may state in the body of your message what your affiliation is with BGSU (for identification purposes only) but you cannot directly state or indirectly imply that you are writing in your capacity as a BGSU employee. It should be made clear you are expressing your view as a private citizen

(2) Political action/governmental appearances

(a) The universitys relationship with federal, state and local governments may necessitate that BGSU take an institutional position regarding legislative or executive action. The purpose of such a position is to communicate to government officials the effects that a particular law, rule or regulation may have on the mission of the university. The president has the authority to determine when such an institutional position will be taken and the form, content and timing of its release. The office of university relations and governmental affairs co-ordinates these activities and is the clearinghouse for requests that BGSU take an institutional position on any governmental action.

(b) The aforementioned points on use of the university name, letterhead and e-mail apply specifically to political activities (including lobbying efforts to influence legislation or regulations) by any member of the BGSU community, except in connection with an institutional position taken by the university.

(c) All university employees appearing before congress or the Ohio general assembly, or their agencies, committees or members, to offer testimony, opinions or commentary regarding existing or potential laws, rules or regulations, not expressly authorized by the office of university relations and governmental affairs, of the sponsored programs and research office (SPAR) on all matters relating to research, must clearly state in advance that they are appearing in their individual capacities and that their testimony, opinions and commentary are not authorized by, and must not be construed as, reflecting on the position of the university.

(d) The office of university relations and governmental affairs does not lobby federal agencies but is the entity notifying our congressional representatives of specific university proposals and positions that should be supported at that level to further the universitys mission

(3) Bill tracking

Those interested in tracking various pieces of proposed legislation that would affect particular offices or academic areas should contact the office of university relations and governmental affairs for assistance.

(4) Summary

(a) There are restrictions placed on university employees by the federal and state governments, but following the above guidelines should ensure that problems are avoided.

(b) The above information is not all-inclusive. Other questions about any aspects of involvement in the governmental process should be brought to the attention of the office of university relations and governmental affairs.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-09 | Dependent fee waiver.
 

(A) Policy statement and purpose

It is the policy of the university to support and promote the education of dependents of its employees.

(B) Policy

(1) Full-time permanent faculty/staff member

(a) Eligibility. For the purposes of this policy, a permanent full-time faculty/staff member is employed on a full-time basis for a minimum of nine months per year (including an individual employed full-time at the university but compensated by another agency such as ROTC or a granting agency). The employees dependent is eligible to utilize the fee waiver the first semester following the full-time date of hire.

(b) Benefit. Dependents are eligible to utilize this benefit the first semester following the employees full-time date of hire. Dependents may either complete a course on an audit or grade basis. The fee waiver applies to courses that are eligible for credit hour(s) only at BGSU. The dependent fee waiver will waive the in-state instructional fees only, as defined in this policy.

(i) Dependent children. The fee waiver is limited to one hundred per cent of the in-state instructional fee through the end of the calendar year in which the dependent child turns twenty-four whichever comes first.

(ii) Dependent cohabitant spouse. The fee waiver is limited to one hundred per cent of the in-state instructional fee.

(c) Definition of eligible dependent. The employees cohabitant spouse is defined as a person to whom you are legally married, as defined by the state of Ohio, and a marriage certificate must be on file with the office of human resources. An employees dependent child is defined as unmarried, a stepchild, a legally adopted child, and/or a child for whom either the employee or the employees spouse is the legal guardian or custodian and is considered an eligible dependent by IRS section 152. A birth certificate or other court documentation must be on file with the office of human resources. Note: If an employee does not claim the dependent child on their income taxes for the year in which they are requesting the dependent fee waiver, the application will be denied.

(d) Procedure

(i) The employee completes the online dependent fee waiver application, which is located in the my.bgsu.portal.

(ii) The supervisor is notified electronically for approval. The application is then electronically forwarded to the office of human resources for processing. A dependent fee waiver application must be completed for every semester in which the dependent is registered for courses.

(iii) An incomplete dependent fee waiver application will not be processed by the office of human resources. It will be pushed back to the employee for completion.

(iv) No applications will be processed for retroactive semesters and therefore it must be received in the office of human resources by the last date of the semester applied for. Anyone submitting a dependent fee waiver application after the semester begins will be responsible for any late fees.

(v) The dependent enrolls in coursework through the office of registration and records.

(vi) A dependent may not receive fee waiver benefits as both an employee and as a dependent in any academic year.

(vii) Dependents seeking accommodations for reasons related to equal employment opportunity regulations should have the member of their family who is receiving the benefit contact the office of human resources.

(e) Responsibility for fees

(i) A dependent child is responsible for all fees, except the in-state instructional fees.

(ii) A dependent is responsible for all applicable fees that are incurred as a result of adding and/or dropping courses, regardless of the reason.

(iii) BGSU will pay for each class only once. If a dependent enrolls in a class and fails the class, or wishes to retake it, any cost to retake the class will be covered by the dependent.

(f) Payroll taxes

(i) Undergraduate fee waiver benefits are not subject to taxation as long as the dependent child is considered an eligible dependent under IRS section 152.

(ii) Graduate-level dependent fee waiver benefits are subject to taxation to the employee.

(g) Reciprocity

There is no reciprocity benefit for benefits.

(2) Part-time employees

There is no dependent fee waiver benefit for part-time employees.

(3) Post-doctoral employees

There is no dependent fee waiver benefit for post-doctoral employees.

(4) Widow/widower or child of a deceased permanent full-time staff member

(a) Eligibility. The child of a deceased permanent full-time staff member (deceased while actively employed at BGSU) is eligible to receive the fee waiver benefit. The dependent(s) must be the dependent(s) of the staff member at the time of death. The spouse of a deceased staff member is eligible for the same fee waiver benefits available for spouses of active employees at the time the benefit is accessed. This benefit is available until such time he/she remarries.

(b) Benefit. The child of a deceased staff member will receive the same benefit being offered to dependent children of active employees at the time the benefit is accessed, as long as the child is considered an eligible dependent by IRS Section 152. The student may attend classes at main campus or at any branch campus or center.

(c) Procedure. Refer to paragraph (B)(1)(c) of this policy.

(5) Cohabitant spouse/child of a retired staff member.

(a) Eligibility. An employee who has retired with ten years of continuous full-time service from the university. Retirement is defined by the retirement program in which the employee is enrolled. The cohabitant spouse or child(ren) must have been dependents at the time of retirement.

(b) Benefit.

(i) Child. The child and/or children of a permanent full-time retired staff member who has completed ten years of continuous full-time service at BGSU and retires from BGSU and were the dependents of the staff member at the time of retirement are eligible for the dependent fee waiver. The benefit will be the same benefit as being offered to dependent children of active employees at the time the benefit is accessed, as long as they are an eligible dependent child under IRS section 152.

(c) Please note that when a dependent fee waiver is requested, the policy in force at the time of submission will be adhered to.

(d) Procedure. Refer to paragraph (B)(1)(c) of this policy.

(e) Responsibility for fees. Refer to paragraph (B)(1)(e) of this policy.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 8/14/2015
Rule 3341-5-10 | Disability/reasonable accommodation policy.
 

(A) Policy statement and purpose

To provide for the reasonable accommodations of persons with disabilities in compliance with the law.

(B) Policy

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 established the principle that no otherwise qualified disabled individual will be treated in an unequal manner or be discriminated against under any entity, program or activity receiving federal financial assistance. This legislation applies to BGSU faculty, classified and administrative staff, and students.

Determining that an individual is disabled within the applicable federal or state law is only the first step towards determining that he or she is protected under those laws. Federal laws covering persons with disabilities protect individuals who are "otherwise qualified." This means that a disabled employee must be able to perform the "essential functions" of the job, with or without reasonable accommodation.

A disability is defined as having a physical or mental impairment which substantially limits one or more major life activity, having a record of such an impairment, or being regarded as having such an impairment. Employees who feel that they have a disability as defined above should take the following steps to ensure that their needs are met to the extent possible under ADA guidelines so that BGSU is in compliance with federal law.

(1) Employees with a disability should speak with the immediate supervisor and/or the director of disability resources to make them aware of the perceived disabling condition.

(2) The director of disability resources will meet with the individual, the work supervisor and appropriate HR representative to discuss the employment concern and clarify the procedures for establishing a reasonable accommodation.

(3) The employee will participate in a job analysis. With permission, the attending physician will be contacted to review the job analysis and provide an opinion on the employees ability to perform the job duties as outlined. The physician will also be asked to complete a physical capacities form. In some instances an independent physician may be asked to perform these evaluations.

(4) The employee will, then, participate in discussions to determine what reasonable accommodations will be made to allow performance of the "essential functions" of the job. The information from the physician will inform these discussions.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-11 | Disciplinary policy.
 

(A) Policy statement and purpose

To set out the policy governing discipline of non-represented administrative and classified employees.

(B) Policy

(1) At Bowling Green state university, there are occasions when employees fail to meet performance standards or to abide by university policies, procedures, and rules governing appropriate conduct on the job. In order to deal with such situations in a fair and consistent manner, the university has developed a disciplinary policy and procedure designed to improve productivity and morale, and not merely to punish. The disciplinary policy and procedure is designed so that:

(a) Management will respond in a consistent and predictable manner if an employee violates the rules.

(b) Disciplinary matters will be handled in a confidential and expeditious manner.

(c) Employees will be told what is expected of them and the possible consequences if they do not live up to performance expectations.

(d) Employees will be disciplined progressively except for instances where the seriousness of the offense may warrant bypassing one or all steps (e.g., the illegal use of drugs, etc.).

(e) Discipline will be based on facts and not hearsay or opinion.

(f) Employees can appeal disciplinary actions through the university's internal grievance procedure or through the state personnel board of review.

(2) Disciplinary action is normally progressive in nature, that is, repetitions of causes for disciplinary action or a combination of offenses should lead to application of more serious disciplinary sanctions. However, some actions, because of their seriousness represent a threat to the safety and well-being of the individual, other employees, students, or to university operations warrant bypassing one or all steps of the disciplinary process. The following defines and outlines the suggested sequence of the various disciplinary actions.

(a) A verbal warning is an oral discussion between a supervisor and an employee who fails to meet performance standards or exhibits unsatisfactory behavior. Verbal warnings are generally issued for minor offenses and should be considered by the employee as a clear indication that a repetition of unsatisfactory behavior may call for more serious disciplinary action. When a verbal warning is issued, the supervisor should take immediate constructive steps to help the employee avoid the repetition of unsatisfactory behavior.

(b) A written warning is more serious and may become a permanent part of the employee's official record. A written warning is issued if the corrective behavior from any previous verbal warning(s) is not exhibited within the specified time limits or if the offense is of a serious nature. A copy of the written warning is given to the employee and the original is forwarded to the office of human resources to be placed in the employee's official file. When a written warning is issued, the supervisor should take immediate constructive steps to help the employee avoid the repetition of unsatisfactory behavior.

(c) Continued unsatisfactory performance or the commission of a serious offense may serve as the basis for more severe disciplinary actions beyond a verbal or written warning. A suspension without pay can vary from one day to several weeks or months. A suspension is designed to give an employee some time to think over the seriousness of the offense and it is hoped that he/she will make a commitment to better behavior or performance in the future.

(d) A reduction in pay or position (demotion) may be on a permanent or temporary basis. Demotions are for situations in which an employee has been promoted and cannot handle the job or is no longer able to perform his or her regular duties in a competent manner, or in some circumstances may be warranted for commission of a serious offense.

(e) A removal is the most serious penalty that can be imposed and should be used with care in the event that previous progressive discipline has not achieved the corrective behavior or when a serious offense has been committed. A bad discharge decision hurts the employee who loses a job, the employer who loses a trained worker, and the supervisor and co-workers who have to get the work done while waiting for and training a replacement.

Under Ohio Law, a classified employee may be disciplined, discharged, or reduced in pay for unsatisfactory conduct such as incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of public, neglect of duty, or any acts of misfeasance, malfeasance, or nonfeasance. (Section 124.34 of the Revised Code).

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-12 | Drug free workplace and reasonable suspicion protocol policy.
 

(A) Policy statement and purpose

To set out the policy governing a drug free workplace.

(B) Policy

Bowling Green state university has adopted a drug free workplace policy (board of trustees, May 10, 1991) in order to ensure a quality educational and work environment, one free from the effects of alcohol and other substance abuse. It is the responsibility of each faculty, administrative and classified staff member to adhere to the policy described here.

The drug free workplace policy prohibits the unlawful use, sale, dispensing, transfer, or possession of controlled substances, alcoholic beverages, substances not medically authorized or any other substance that may impair an individuals academic or work performance or pose a hazard to the individual, public, students, or employees of the university on its property or at any of its activities.

If a violation of this policy occurs, support programs will be made available when appropriate. However, disciplinary action may be taken up to and including dismissal or expulsion from the university and possible criminal prosecution. The university will make appropriate efforts to provide rehabilitative support before giving consideration to termination of employment as stipulated in the charter and sections 124.34 and 3345.22 to 3345.25 of the Revised Code.

Employees must, as a condition of employment, report any conviction under a criminal drug statute for violations occurring on or off university premises while conducting university business. The Drug Free Workplace Act of 1988 mandates that a report of a conviction must be made within five days after the conviction.

(1) Reasonable suspicion testing protocol

(a) As part of Bowling Green state universitys obligation to ensure a quality and safe educational and work environment, a reasonable suspicion testing protocol has been adopted. Using or being under the influence or the effects of drugs or alcohol on the job, using such substances in a manner which effects work performance, or having such substances or their metabolites in ones system may pose serious safety and health risks. To reduce these risks, employees may be required to provide body substance samples (such as breath, urine and/or blood) to determine if the illicit, illegal or improper use of drugs or alcohol has affected ones work performance.

(b) The intent of this protocol is to outline for supervisors and managers the steps they may take in the event an employee appears to have violated the drug free workplace policy.

(c) Whether or not a persons behavior rises to the level of "reasonable suspicion" must be based on the managers/supervisors specific observations concerning the employees appearance (including odor), behavior, and/or speech. Some examples of behaviors on which reasonable suspicion may be founded include:

(i) Shaky, unstable or staggering walk

(ii) Red, glazed, or watery eyes

(iii) Dilated or contracted pupils

(iv) Obvious motor skill impairment

(v) Odors on breath or clothes.

(vi) Credible eyewitness reports of usage

(vii) Impaired reaction time

(d) Behaviors leading to reasonable suspicion must be documented in writing. Supervisors should write only what is observed as it relates to unsafe behavior, performance deterioration or policy violation. No comments are to be recorded which reflect on suspected reasons for the behavior or opinions about it.

(e) If, based on reasonable suspicion, any employee is believed to pose an immediate safety risk to anyone (including self), the supervisor is to move to relieve the individual of all work responsibilities.

(2) Procedure for the supervisor/manager in case of reasonable suspicion:

(a) Direct the employee to a private office or area. The employees supervisor and, if possible, another manager/supervisor, should be present to observe the employees condition.

(b) Both managers/supervisors will describe in writing the employee behavior which has led to reasonable suspicion of substance abuse.

(c) Notify the office of human resources of the incident/behavior and the actions taken. Provide them with a written report. (Continue the process even if unable to notify HR immediately, e.g., outside of normal business hours.)

(d) If the managers/supervisors determine testing is appropriate, they must accompany the staff member to Wood county hospital for testing. No forms are required or appointment needed, but we suggest you call ahead (ready works) during business hours to inform them of your intentions. After normal business hours, employees should be escorted to the laboratory in the Wood county hospital.

(e) If the employee refuses to proceed with the testing, the manager/supervisor is to contact human resources. The employee will be suspended immediately, without pay, pending an HR review of the incident. A determination of appropriate disciplinary action will follow. While immediate suspension means that the employee must leave the workplace, s/he should not be allowed to drive home alone. If the employee refuses the transportation arrangements and leaves alone in his/her own vehicle, notify the BGSU police department. If possible, obtain a witness to corroborate the refusal of transportation and document the incident.

(f) When testing occurs, the manager/supervisor is to make immediate arrangements, following testing and return to campus, for the employee to get home (supervisor, relative, another employee, cab, etc.). The employee should not be allowed to drive home alone. If the employee refuses the travel arrangements and leaves using his/her personal vehicle, notify the BGSU police department. Obtain a witness to corroborate the refusal of transportation and document the incident. At that time and pending the results of the testing, the employee is to be placed on suspension with pay.

(g) Upon receipt of the test results, human resources will notify the manager/supervisor to determine the appropriate course of action according to BGSU policy. If the test result is negative, the employee is to be returned to work at the next regular shift. A positive test result will result in disciplinary action as provided for in the appropriate employee handbook.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-13 | Employee fee waiver.
 

(A) Policy statement and purpose

It is the policy of the university to support and promote the education of its employees. The employees first obligation is to fulfill his/her job obligations; however, reasonable access to university coursework shall be given as approved by the supervisor of the employee.

(B) Policy

(1) Full-time employee

(a) Eligibility. For the purposes of this policy, a full-time employee (staff and faculty administrator) is one who works forty hours a week on a regular schedule and is employed full-time for a minimum of nine months per year (including an individual employed full-time at the university but compensated by another agency such as ROTC or a granting agency). The employee is eligible to utilize the fee waiver the first semester following the full-time date of hire.

(b) Benefit. Full-time employees may enroll for unlimited hours per semester. The employee fee waiver will waive one hundred per cent of the in-state instructional and general fees only.

(c) Procedure

(i) The employee completes the online employee fee waiver application, which is located in the my.bgsu portal.

(ii) The supervisor is notified electronically and certifies that the employees course enrollment will not interfere with the discharge of duties as a university employee. In order to avoid interruptions on the job, employees should, whenever possible, register for courses outside their regular work schedule. When this is not applicable employees may, with the approval of their supervisor, enroll in a course during the regular work day. All time away from work to attend the course must be made up within that work week, either by using a flexible work schedule or appropriate paid leaves, exclusive of sick leave.

(iii) Unpaid leave is not available for this policy.

(iv) The application is then electronically forwarded to the office of human resources for processing. An employee fee waiver application must be completed for every semester in which the employee is registered for courses.

(v) An incomplete employee fee waiver application will not be processed by the office of human resources. It will be pushed back to the employee for completion.

(vi) No applications will be processed for retroactive semesters and therefore must be received in the office of human resources by the last date of the semester applied for Anyone submitting an application after the semester begins will be responsible for any late fees.

(vii) The employee enrolls in coursework through the office of registration and records.

(viii) The employees enrollment will not prevent a regularly registered student from attending the course.

(ix) An employee may not receive fee waiver benefits as both an employee and as a dependent in any academic year.

(x) Employees seeking accommodations for reasons related to equal employment opportunity regulations should contact the office of human resources

(d) Responsibility for fees

(i) Employees are responsible for all fees except the instructional and general fees, see paragraph (B)(1)(b) of this policy.

(ii) Employees are responsible for all applicable fees that are incurred as a result of adding and/or dropping courses, regardless of the reason.

(iii) Effective January 1, 2016 BGSU will pay for each class only once. If an employee enrolls in a class and fails the class, or wishes to retake it, any cost to retake the class will be covered by the employee.

(e) Payroll taxes

(i) Undergraduate fee waiver benefits are not subject to taxation.

(ii) Graduate-level fee waiver benefits that do not exceed five thousand two hundred fifty dollars in a calendar year are not subject to taxation (the amount exempted from taxation was current at the time this document was written; however, you should refer to IRS regulations for the most current information on the taxability of employer-provided educational assistance).

(iii) If an employees graduate-level fee waiver benefits exceed five thousand two hundred fifty dollars in a calendar year, the amount over five thousand two hundred fifty dollars is subject to taxation.

(f) Reciprocity

(i) An agreement exists between BGSU and the university of Toledo-main campus and health sciences campus, whereby full-time employees of one university may enroll in courses at the other university. This arrangement covers full-time employees only and does not include waivers for dependents. The agreement is solely a tuition waiver and does not cover any additional fees or costs associated with instruction. The following conditions apply:

(a) The number of hours covered per semester are limited by the policy for the university of Toledo employees. We suggest you visit their policy to see how many hours will be covered per semester.

(b) The employee must be properly admitted as an undergraduate or graduate student at the university of Toledo before registering for courses.

(c) The fee waiver applies to courses that are eligible for credit hour(s) only.

(d) If the class is available on a BGSU campus the request for a fee waiver to take the class at the university of Toledo will be denied.

(e) Courses that are not covered at the university of Toledo through the reciprocity agreement are covered under the university of Toledo's policy.

(ii) BGSU employees must contact the office of human resources to prepare a fee waiver for courses at the university of Toledo. It is the employees responsibility to make arrangements for the fee waiver to reach the appropriate office at the university of Toledo.

(2) Part-time employee

(a) Staff eligibility. For the purposes of this policy, a part-time employee is one who works less than forty hours a week on a regular schedule and whose Staff action form and/or contract indicates part-time status. Part-time employees that have completed the equivalent of one year of full-time service at BGSU (two thousand eighty hours) are eligible for an employee fee waiver. Part-time employees that are less than point five FTE are not eligible for this benefit.

(b) Benefit. The employee fee waiver is prorated to fifty per cent of the in-state instructional and general fees.

(c) Procedure. refer to paragraph (B)(1)(c) of this policy

(d) Responsibility for fees. The employee fee waiver is prorated to fifty per cent of the in-state instructional fee and general fees.

(e) Payroll taxes. refer to paragraph (B)(1)(e) of this policy.

(f) Reciprocity. Part-time employees are not eligible for the reciprocity agreement.

(3) Part-time faculty

(a) Eligibility. For the purposes of this policy, a part-time faculty member is one who works less than forty hours a week on a regular schedule and whose contract indicates part-time status. Part-time faculty who have completed the equivalent of one year of full-time service at BGSU (twenty-four hours of consecutive instruction) and continue to teach at least one course per academic year, are eligible for an employee fee waiver.

(b) Benefit. The fee waiver is prorated to fifty per cent of the in-state instructional fee and general fees and is applicable for one degree.

(4) Retired employees

(a) Eligibility. An employee who has retired with ten years of continuous full-time service from the university is able to receive the same fee waiver benefits as an active full-time employee. If an employee was a part-time employee at the time of retirement, the employee must have the equivalent of ten years of full-time service (twenty, eight hundred service hours). Retirement is defined by the retirement program in which the employee is enrolled. The retiree must be in the degree program at the time of retirement.

(b) For a part-time employee that retired with ten years of full-time service from the university the fee waiver is prorated to fifty per cent of the in-state instructional fee and general fees. The retiree must be in the degree program at the time of retirement to be eligible for this benefit.

Once this degree is completed fee waivers covering in-state instructional fees and general fees are no longer available for retirees. Retirees are encouraged to access classes through the senior adult grants program (SAGE) or contact the professor to audit the class at no cost with the professors authorization. Attending the class may not adversely affect the enrollment of any other student.

(c) Reciprocity. Only employees that were full-time at the time of retirement with ten years of full-time service from the university are eligible to use the reciprocity agreement in effect for active employees at the time the benefit is accessed. refer to paragraph (B)(1)(f) of this policy.

Last updated September 7, 2021 at 8:14 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 8/13/2015
Rule 3341-5-15 | Leave without pay.
 

(A) Policy statement and purpose

To set out the policy for non-represented administrative and classified staff to apply for leave without pay.

(B) Policy

(1) Application for leave without pay may be made for a variety of reasons. Administrative or classified staff who have exhausted sick leave, vacation and personal leave, but who are still unable to return to work due to illness, may be eligible for leave without pay.

(2) The opportunity to participate in an educational experience such as a Fulbright appointment, the desire to work full-time on a degree program or the opportunity to participate in a field experience related to ones position at Bowling Green state university, or a compelling personal reason could also support an award of a leave without pay.

(3) Administrative and classified staff who seek a leave without pay must obtain a request form through the office of human resources. The request requires, at a minimum, the approval of the immediate and area supervisors.

(4) In no case is an approval of a request for a leave without pay an automatic procedure. Each case is judged by its merits and the impact the absence would have on the effectiveness of the unit and on the mission of the university.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-16 | Military duty leave.
 

(A) Policy statement and purpose

To ensure compliance with the Uniformed Services Employment and Re-employment Rights Act (USERRA), the Ohio Revised Code, and the Ohio Administrative Code for military leave.

(B) Policy

Bowling Green State universitys policy on military duty leave covers all employees, administrative and classified staff. Those who are called to duty are covered by the Uniformed Services Employment and Re-employment Rights Act (USERRA), the Ohio Revised Code, and the Ohio Administrative Code related to military duty. For information on the specific details for coverage for those needing military leave, contact the office of human resources.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-17 | Nepotism.
 

(A) Policy statement and purpose

To set out the university policy for hiring and employment decisions affecting members of the same family.

(B) Policy

In keeping with good personnel management procedures and to guarantee equal employment opportunities to all, applicants may not be hired for or promoted into positions in which they would supervise or be subject to the immediate supervision of a member of their immediate family.

This policy will be upheld regardless of the sex of the relatives involved and will be equally applied to both males and females.

If a proposed hire, promotion, marriage or other action places an employee in supervision of another immediate family member; the matter should be brought to the immediate attention of the responsible vice-president. Easy accommodation of the situation may not always be possible. Appointment of spouses or other members of the immediate family to the same department is not necessarily nepotism, but employees may not participate in career decisions on other members of their immediate family.

Immediate family is defined as: spouse, mother, father, son, daughter, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild and legal guardian or other person who stands in place of a parent.

(C) Ohio ethics law (general assembly of Ohio, 1973)

The Ohio ethics law was enacted in 1973 by the general assembly to insure the integrity of government and to improve public confidence in government officials and employees. The following eleven points describe the major provisions of the law:

(1) Conflict of interest.

The ethics law guards against public officials and employees who would misuse their positions for personal gain or benefit.

Section 102.03 of the Revised Code prohibits persons appointed to or employed by a public agency now or within the past year from appearing before that agency in a representative capacity, the so-called revolving door. The section also prohibits the disclosure or use for profit of confidential information acquired during public service, and restricts participation in license or ratemaking proceedings where personal benefits might be derived. In addition, the section prohibits public servants from using their positions to secure anything of value for them.

Section 102.04 of the Revised Code prohibits public servants, whether elected, appointed or employed, from appearing before or selling goods and services to other agencies within the same governmental entity. The section does, however, exempt non-elected public officials and employees from the prohibition if they first declare their intent in the form of a statement filed with both the agency with which they serve and the agency with which the business is to be conducted.

(2) Investigations.

The commission responds to complaints and conducts its own investigations into alleged conflicts of interest.

(3) Confidentiality.

All matters concerning investigations are confidential. If, after a hearing, a complaint is dismissed, the accused person may ask that the matter be made public.

(4) Hearings.

The commission conducts hearings on complaints filed with it after it has been determined that the complaint is not frivolous and that there is reasonable cause to believe the facts as alleged would constitute a violation.

(5) Report of findings.

If the commission finds, based on a preponderance of the evidence, that a public official has violated the ethics law, the evidence is turned over to the appropriate prosecuting authority.

(6) Penalties.

Persons found guilty under the Ohio ethics law may be fined a maximum of one thousand dollars or imprisoned up to six months or both. Persons who are required to file a financial disclosure statement but who fail to do so, face a maximum fine of two hundred fifty dollars and up to thirty days imprisonment.

(7) Financial disclosure.

All candidates for public office, except those running for village, township or school board office, and all elected officials, except those holding village, township or school board office, are required to file a financial disclosure statement with the appropriate ethics commission each year. Also, certain appointed state officials are required to file a disclosure statement. The statement requires that sources of income and other financial interests are disclosed. Most public officials are required to file with their respective ethics commission by April fifteenth of each year. Candidates are required to file thirty days prior to the first election in which they appear. Statements are available from any county board of elections or from the commission.

(8) Public inspection.

Financial disclosure statements on file with the commission are open to public inspection and copies are available on written request.

(9) Special rules.

The Ohio ethics commission has adopted two rules under its rule-making authority, which extend the financial disclosure-filing requirement to certain classes of public officials. The first such rule, EC-2, requires the chief administrative officers of about one hundred state boards, commissions and other agencies to file an annual statement. The second rule, EC-3, requires the members of the same boards, commissions and other agencies to file a disclosure statement.

(10) Four ethics commissions.

The administration of the Ohio ethics law is entrusted to four separate agencies, each having a distinct jurisdiction. The house legislative ethics committee and the senate legislative ethics committee are concerned with candidates for and members and employees of the general assembly. The supreme court board of commissioners on grievances and discipline is concerned with judicial officers, employees and candidates for judicial office. The Ohio ethics commission has jurisdiction over all other public officials, employees and candidates for public office under the purview of Chapter 102. of the Revised Code.

(11) Advisory opinions.

The commission issues advisory opinions in response to questions relating to ethics, conflicts of interest and financial disclosure.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/17/2015
Rule 3341-5-18 | Leave bank program.
 

(A) Policy statement and purpose

The leave bank program is a voluntary program of paid leave given to an eligible employee that allows them to remain in a paid status while recovering from or being present for a qualifying family member who is affected by a serious/severe illness or injury.

The leave bank program allows an eligible donor to contribute accrued sick leave to the leave bank (the bank) for the benefit of recipients who want to withdraw from the bank.

A recipient is an employee who (or whose family member) is suffering from a serious illness, injury, or other qualifying event as defined in this policy, and who has exhausted their own paid leave (vacation, sick and compensatory time off) and requested to withdraw leave hours from the bank. Donated leave hours support the continuation of the recipients normal salary for a longer period than would otherwise be possible, thus easing the financial impact of that illness or injury.

To ensure confidentiality, when a recipient qualifies to withdraw from the bank, the recipient will remain anonymous to the members of the leave bank committee and any questions are to be directed to the director of human resources and benefits or designee.

The use of any donated leave will run concurrently with a recipients family medical leave (FML), if applicable.

(B) Policy definitions:

(1) Donor: an eligible employee who wants to donate hours to the bank and who meets all of the following criteria:

(a) Is eligible to accrue sick leave;

(b) Is employed in a position that is partially or wholly funded through general, university foundation, or auxiliary funds;

(c) Has a minimum of and will maintain one hundred twenty hours of accrued sick time (prorated on the basis of a full time equivalent of seventy-two hours - equal to a FTE) after having donated hours to the bank; and

(d) Has made donations of sick time in eight-hour increments (or on a prorated basis for eligible part time staff) with a maximum of forty donated hours at any one time. Donations are irrevocable.

(2) Donation enrollment: The following two types of enrollment will allow employees to donate to the bank.

(a) Annual enrollment: yearly enrollment offered through the office of human resources (OHR). The enrollment period will be held during the month of February.

(b) Emergency enrollment: Only to be enacted in situations where the bank falls below five hundred hours. The need for emergency enrollment will be determined by the office of human resources.

(3) Eligible employee: employees whose positions are partially or wholly funded by general, university foundation, or auxiliary funds (not grant funded) may donate to or receive leave hours from the bank. Eligible employees include the following:

(a) Full-time/part-time nine- or twelve-month classified staff employees,

(b) Full-time/part-time nine-, ten-, or twelve-month administrative staff employees, and

(c) Full-time nine-pay or twelve-pay faculty employees, including those faculty represented by a bargaining agreement, as well as librarians and faculty on administrative contracts.

(4) Family member: a recipients parent, legal spouse, child of any age, legal dependent, and any person under the employees legal guardianship

(5) Recipient: An eligible employee who wants to withdraw hours from the bank and who meets all of the following criteria:

(a) Is eligible to accrue and use sick leave;

(b) Is employed in a position that is partially or wholly funded through general, university foundation, or auxiliary funds;

(c) Is suffering from or has a family member suffering from a serious illness or injury;

(d) Has exhausted all their accrued vacation, sick leave, personal leave, and where appropriate, compensatory time, or will do so before the return-to-work date;

(e) Is not presently receiving workers compensation benefits for requested condition;

(f) Has donated a minimum of eight hours based on FTEs of sick leave in one of the last two enrollment periods prior to submitting a request to use hours from the bank or has utilized all accrued paid leave balances as a result of the onset of a catastrophic illness/accident of self or defined family member, and

(g) Who will remain anonymous except for administrative purposes.

(6) Serious illness or injury: a serious health condition (not covered by workers compensation) that incapacitates the employee; or required care and assistance for a family member with a documented medical condition that is life-threatening or requires a lengthy convalescence.

Serious illness/injury involving an employee or a family member is further defined as:

(a) A period of incapacitation or treatment when an employee cannot do their job and does not have the ability to perform normal activities due to serious illness/injury and is connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or

(b) A prolonged absence requiring ten or more consecutive working days, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or

(c) A period of incapacity due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

(d) A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.); or

(e) An absence to receive multiple treatments or testing requiring a period of recovery, e.g. either for restorative surgery after an accident or other injury, or for a chronic condition.

(C) Policy and restrictions

The leave bank program is available on a campus-wide basis. Donated leave will be recorded on the online leave bank enrollment (donation) form.

(1) For the purpose of simplicity and record keeping or auditing, accrued sick leave hours donated shall be transferred hour-for-hour.

(2) Withdrawals from the bank made by a designated recipient will cease according to one of the following criteria:

(a) Upon the return-to-work date listed by the doctor on the employees or employee family members verification of illness or injury. Please note: the leave bank committee has authority to award hours (not to exceed the total maximum allowed two hundred forty hours) to assist in a recipients or recipients family members gradual recovery and transition back to the full number of hours for the specific position. If not able to return to work to full hours of the job, these awarded hours can be used for a maximum of two consecutive weeks after the stated return-to-work date.

(b) The recipient has received the allowed maximum of two hundred forty hours of donated leave within one calendar year;

(c) The recipient applies for and is approved for state disability retirement or, if eligible, social security benefits; or

(d) Upon separation of service from Bowling Green state university or upon the death of the recipient; if either of these events occurs, the donated hours in the recipients sick leave accrual will be returned to the bank.

(3) Exception: employees in their first two years of a leave-accruing position may petition the leave bank committee if they meet all guidelines of the policy except for the required sick leave donation. Inquiries regarding this exception may be directed to the director of human resources and benefits or their designee.

(D) Responsibilities and procedures:

(1) The recipient (or a family member acting on the recipients behalf) will:

(a) Submit the leave bank withdrawal request form, along with a doctors verification of illness or injury, and proof of relationship status (e.g. copy of birth certificate or court order), if not on file, to the office of human resources.

(b) Notify the office of human resources if any change of circumstances has altered or will alter the recipients eligibility for the bank hours as originally established.

(2) The leave bank committee will:

(a) Consist of eight members: two classified, two administrative, two faculty representatives, and one permanent BGSU staff physician (as designee). A chair will be elected from within the six constituent representatives. The office of human resources will have an ex-officio member. There must be a quorum of four of the six constituent members present in order to grant or deny leave bank hours to any potential recipient. committee members will be appointed/elected by the classified staff council, administrative staff council, and BGSU faculty association respectively.

(i) Terms will be limited to three years in duration for each constituent group member. Terms will be staggered among constituent groups. Three representatives, one from each group, are holdovers from the previous years committee.

(ii) If any committee members become aware of the identity of a potential recipient, they should recuse themselves from participating in the decision process for that case.

(b) Review the facts of all applicants and make decisions to whether or not to recommend leave hours to those who apply. The recommendation is forwarded to the office of human resources for approval and dissemination to the appropriate employees.

(c) Coordinate and monitor the bank totals according.

(d) Prepare needed reports in a timely manner.

(e) Ensure the confidentiality and privacy of the participants and records.

(f) Provide for an annual evaluation of the guidelines and policies and procedures of the leave bank program.

(3) The office of human resources will support the dissemination of communications advertising the existence of a leave bank program. This effort will be supported by administrative staff council, classified staff council, and BGSU faculty association.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 10/9/2018
Rule 3341-5-19 | Performance evaluation non-represented employees.
 

(A) Policy statement and purpose

To set out the procedure governing the annual performance evaluation process for non-represented university employees.

(B) Policy

Non-represented employees at BGSU are expected to participate in annual performance reviews. Because evaluations provide for a systematic review and evaluation of the work of each employee, they are to be conducted on an annual basis regardless of whether or not merit dollars are available.

The systems of evaluation governed by this policy are those for administrative staff and classified staff.

The time frame for the period under review for each category of employee differs and reviewers should consult human resources before beginning to confirm the process prescribed for the current review period.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-20 | Personal leave policy.
 

(A) Policy statement and purpose

To set out the policy governing the use of personal leave by non-represented employees.

(B) Policy

(1) Administrative and classified staffs are eligible for personal leave on an annual basis as described below. Personal leave may be used for unusual personal or family obligations, mandatory court appearances other than jury duty (criminal or civil cases, traffic court, divorce proceedings, custody proceedings, or appearing as a parent or guardian of juveniles), legal or business matters, family emergencies of a nature that require an employees immediate attention; medical, psychological, dental or optical examinations of the employee or the employees immediate family; weddings of members of the immediate family, religious holidays which fall on a normally scheduled workday for an employee, and any other matter of an personal nature.

(2) Personal leave may be used in conjunction with vacation or vacation purposes. It may not be used to cover unexcused absences, or to make up time.

(3) Full-time classified and administrative staff are eligible for up to twenty-eight hours of personal leave per calendar year. Part-time staff are eligible for up to fourteen hours of personal leave per calendar year. Personal leave hours will be based on service time to BGSU.

(4) New hires: Personal leave will be provided to all new classified and administrative employees upon initial hire:

Full time employeesPart-time employees
Hired on or between January 1st to June 30th16 hours8 hours
Hired on or between July 1st to December 31st8 hours4 hours

(5) For all continuing full time and part-time administrative and classified employees; As of January first and each year after initial year of hire, the following accruals will apply:

0 hours of service through 6239 (2.99 years)16 hours per year
6240 hours (3 years) through 10,399 hours (4.99 years)20 hours per year
10,400 hours (5 years) through 20,799 hours (10 years)24 hours per year
20,800 hours (10 years) and there after28 hours per year
0 hours of service through 6239 (2.99 years)8 hours per year
6240 hours (3 yrs) through 10,399 hours (4.99 years)10 hours per year
10,400 hours (5 years) through 20,799 hours (10 years)12 hours per year
20,800 hours (10 years) and there after14 hours per year

(6) Request for use of personal leave balances must be made in advance giving notice to the immediate supervisor, unless the leave is for use in an emergency situation. The immediate supervisor/department/area head as appropriate will establish reasonable notice. Personal leave will be reported using the time & labor system.

(7) Personal leave may not be used to extend an employees active pay status, for the purpose of accruing overtime or compensatory time, employees date of resignation, or date of retirement.

(8) Failure to use all personal leave balances during the calendar year in which it is received, will result in forfeiture of the unused personal leave. At the time of separation from the university, employees are not eligible for payment of unused personal leave balances.

(9) The university payroll department will maintain records of accruals, usage, and balances for those eligible for personal leave.

(10) Additional information on the personal leave policy may be found in the administrative staff and classified staff handbooks.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-21 | Pre-employment background checks.
 

(A) Policy statement and purpose

To enhance the safety and security of BGSU students, faculty, staff, and others, and to safeguard university property and resources BGSU enacts this policy governing pre-employment criminal background investigations. Bowling Green state university shall require a background investigation be done for newly hired or rehired employees as a pre-condition of employment. For individuals who are proposed for rehire following an interrupted period of employment, a background investigation will be required if there is a break of twelve months or more from the end of the most recent period of employment.

(B) Policy

(1) Background investigations

A criminal background investigation will be performed as part of the hiring process to verify that the selected applicant or employee does not have a pending charge, arrest or criminal record. The criminal background check includes a social security number trace, a county, statewide and federal criminal records search including a search of sex offender registries. Other inquiries pertinent to a particular position, including but not limited to obtaining an applicants credit history or driving history, will be obtained as warranted. The determination of whether additional inquiries may be required will be determined by the chief human resources officer and the appropriate divisional leader.

(a) Criminal background investigations shall be required prior to employing all prospective full and part time faculty, administrative, classified, intermittent, contract employees, individuals on letters of appointment, and designated temporary and student staff members and volunteers. This policy includes positions which recruitments are conducted, along with individuals hired through approved recruitment exceptions.

(b) The costs associated with conducting the background investigation shall be charged to the employing division.

(c) Certain positions may be subjected to additional background investigation. These include:

(i) Positions reporting directly to the president or to a vice president with responsibilities for planning, leading, controlling and evaluating the activities of an office or department of the university.

(ii) Positions with access to, or control over cash, checks, credit card accounts, or financially sensitive information.

(iii) Positions with authority to commit the financial resources of the university through purchases or contracts and persons charged with insuring proper expenditures.

(iv) Positions which allow access to personally identifiable information about individuals or organizations associated with the university or involve the creation or maintenance of processes required to secure information maintained by the university including network administrators, systems programmers, human resources, student employment and university advancement personnel.

(v) Positions requiring the operation of university motor vehicles or heavy equipment as part of assigned job duties.

(2) Rules applicable to internal hires

Employees who transfer or who are promoted are exempt from a background investigation unless the position falls into one of the categories listed in one through five above or involves work with minors. Suitability of an employee for the proposed transfer or promotion will be assessed using the same guidelines as those used to evaluate initial hires.

(3) Procedures

(a) Notification to applicants

All candidates subject to this policy shall be notified, in writing, of the requirement to successfully pass background investigations. Candidates shall be required to properly execute the universitys electronic authorization release form, the notice and the executed consent shall be made part of the search file.

(b) Initiating background inquiry

The university shall utilize a professional firm specializing in background searches and investigations. All investigations and records are obtained and handled in a confidential manner and in compliance with applicable federal and state laws, including the Fair Credit Reporting Act (FCRA). The following procedures will be used:

(i) Most background investigations provide a seven year history.

(ii) Candidates will be notified in writing in cases where the university is considering taking adverse action based in whole or in part on the information contained in the investigation and shall be given an opportunity to provide a written account of the pertinent event(s).

(iii) If the university takes adverse action, the candidate will be provided an adverse action notice, including further information pertaining to the candidates rights under FCRA.

(4) Investigation results and use

The background investigation results will be provided to the chief human resource officer or designee. In the CHROs discretion the results may also be provided to the director of public safety, or the directors designee. If the background investigations reveal criminal activity the CHRO shall consult with the employing units contracting officer, the director of public safety or designee, and the office of general counsel to determine the appropriateness of extending an employment offer to the candidate. The CHRO may consult with other senior university executives as warranted, including the president. The hiring authority will be notified of the final decision.

(a) Apart from the persons designated in this section the details of the investigation results will not be provided to any other persons, including search committee members. Results of the background investigations will remain confidential to the extent permitted by Ohio law and shall be maintained by human resources. The investigation results will be shared with authorized individuals only upon a determination that they need to know the information in order to perform their official duties.

(b) Failure to provide authorization and permission to conduct a background investigation will result in withdrawal of a conditional offer of employment.

(5) Suitability for employment

In determining suitability for employment where there is a record of criminal conviction, consideration shall be given to such factors as the specific duties of the position, the number of offenses and circumstances of each, date of conviction, whether the conviction arose out of employment, the accuracy of the explanation of the nature and circumstances of the conviction by the applicant, the applicants explanation of events, if any, and any evidence of rehabilitation.

(6) Access to background investigation results

Individuals who are not offered employment as a result of a background investigation will be notified of their rights to dispute inaccurate information in accordance with applicable law.

(7) Offer of employment

No candidate for a position shall be employed until authorization is provided to the hiring department/unit and a satisfactory background investigation has been completed. Any offer of employment shall be considered conditional until a background investigation has been completed and all other pre-employment requirements have been satisfied. This requirement shall be stated in any offer letter. Even if, prior to completion of a satisfactory criminal background check, employment is commenced in derogation of this policy, the university reserves the right to determine and confirm the employees suitability for employment and to end any employment already begun if the background check reveals disqualifying information. In such instances, the employee shall not be eligible for any advance notice of separation.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-22 | Religious accommodation.
 

(A) Policy statement and purpose

To set out the university policy governing the accommodation of religious observances by university employees and students.

(B) Policy

It is the policy of the university to comply with the applicable provisions of state and federal law governing the religious accommodation. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of religion and requires that they take steps to accommodate the religious practices and needs of their employees. At BGSU, all employees, faculty, administrative and classified staff, are to be granted a two-hour release time period to attend any religious service or to meet a religious need that occurs during normal working hours. There may be no loss of compensation, vacation or personal time for this period.

(1) Religious practice or need is defined broadly to include moral or ethical beliefs as to what is right and wrong that are sincerely held by the individual person with the strength of traditional religious views. Arrangements for a religious practice must be made in advance with the employees immediate supervisor. The university will make good faith efforts to provide a reasonable accommodation of an employee's sincerely held religious belief, unless the university believes such an accommodation would create an undue hardship.

(2) It is recognized that in some instances religious observances occur on days that have not been designated as legal holidays by state or federal law. Arrangements relative to time off, such as rearranging a work schedule, are to be mutually agreed upon by the employee and the immediate supervisor. If arrangements relative to the exchange of time cannot be reasonably made without resulting in undue hardship, the excess time the individual is excused must be taken as vacation, personal leave, or leave without pay. Supervisors are encouraged to be flexible in the application of this policy and to make reasonable accommodation unless such an accommodation would clearly cause "undue hardship" in the conduct of university business.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-23 | Resignation and exit interview.
 

(A) Policy statement and purpose

To set out the policy governing the resignations of certain non-represented employee groups and the conducting of exit interviews.

(B) Policy

All faculty, administrative and classified staff who terminate employment with BGSU are asked to give, in writing, a reasonable notification of their plans. Two weeks notice is standard for classified staff and one months notice is standard for administrative staff. Faculty are asked to give at least three months notification prior to the end of the academic year as per the collective bargaining agreement between the university and the BGSU faculty association-AAUP.

(1) All employees are expected to return university-owned property and equipment (library books, keys, etc.) and to clear up any financial obligations they may have with the university.

(2) All employees are asked to complete an exit interview. The office of human resources conducts these interviews for administrative staff and classified staff; the office of the provost conducts them for faculty and faculty administrators. The interview will cover the status of insurance, retirement, and other benefits upon termination, and instructions about the return of identification cards, parking decals, keys and other property belonging to the university. A fee may be deducted from the employees last payroll check in the event that university identification cards, keys, telephone cards, uniforms, and parking decals, etc., are not returned. Failure to return other university property, including library materials, will be dealt with on an individual basis.

(3) It is the responsibility of the employees immediate supervisor to verify the unused sick leave balance for the employee at time of termination and forward that information to the office of human resources. The supervisor should inform the president, the appropriate vice-president or dean, of the date of termination and balance of unused vacation time to be paid to the employee so steps can be taken to remove the individual from payroll.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/17/2015
Rule 3341-5-24 | Political activity.
 

(A) Policy statement and purpose

To set out the university policy governing the circumstances when a university employee may hold political office, engage in partisan political activity, use university time, property and equipment for political activity, and participate in other activities of a political nature.

(B) Policy

Whether a faculty or administrative staff member may hold a non-university elected or appointed position is dependent upon the compatibility of the two positions involved. Positions are considered incompatible when any of the following situations exist: one position is subordinate to or in any way a check upon the other; time or energies are taken from the duties of the university position; or some specific constitutional or statutory bar exists precluding a person from serving in both positions. If the offices are compatible in these respects, then a faculty member or administrative staff member may engage in such activity.

(1) The rules regarding political activity for classified staff are different: Section 124.57 of the Revised Code prohibits classified staff members from engaging in partisan political activity. "Political activity" and "politics" refer to partisan activities, campaigns, and elections involving primaries, partisan ballots and partisan candidates.

(2) Classified staff members may: register and vote; express opinions, either oral or in writing; volunteer financial contributions to political candidates or organizations; circulate nonpartisan petitions or petitions stating views on legislation; attend political rallies; sign nominating petitions in support of individuals; display political materials at home or on private property; wear political badges or buttons, or display political stickers on private vehicles; and serve as a precinct election official.

(3) Classified staff members may not: declare a candidacy or be a candidate for public office in a partisan election; declare a candidacy for or be a candidate for public office in a nonpartisan primary or through the circulation of nominating petitions identified with a political party; file petitions meeting statutory requirements for partisan candidacy to elective office; circulate official nominating petitions for any candidate participating in a partisan election; serve in an elected or appointed office in any partisan political organization; accept a party-sponsored appointment to any office normally filled by partisan election; campaign by writing for publications, by distributing political materials, or by writing and making speeches on behalf of a candidate for partisan elective office, when such activities are directed toward party success; solicit either directly, or indirectly, any assessment, contribution or subscription, either monetary or in-kind, for any political candidate or political party; solicit the sale of or actual selling of political party tickets; engage in partisan activities at the election polls such as soliciting votes for other nonpartisan candidates and nonpartisan issues; serve as a recorder, checker, watcher, challenger, judge or board of election poll worker for any party or partisan committee; participate in political caucuses of a partisan nature; participate in a political action committee, which supports partisan activity.

(4) The chief of human resources is available for consultation about employee participation in political activity.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-25 | Solicitation.
 

(A) Policy statement and purpose

To set out the policy governing solicitation activities on campus.

(B) Policy

Many campus groups and/or individuals seek funding support for activities that are not part of the standing functions of the university. The following guidelines are provided to expedite consideration of these requests.

(1) Individual, departmental or college special activities: Individuals or groups seeking funding for academic-related activities (such as conference attendance or remuneration of speakers for campus events) must present a written proposal to their departmental chair or director for consideration. Awards for such requests are at the discretion of the chair or director. Requests that are approved at the departmental level, but for which full or partial funding is not available, may be transmitted to the college dean for consideration. Requests forwarded to the dean must be accompanied by a written endorsement from the chair or director.

(2) Requests approved by the dean, but for which full or partial funding is unavailable, may be transmitted to the provost and vice president for academic affairs when accompanied by an endorsement from the dean. (If the activity, in whole or in part, has a student affairs focus or component, the solicitation should be sent to the vice president for student affairs.)

(3) Guidelines for funding proposals at the departmental or college level suggest inclusion of a:

(a) Brief description of the activity or program to be supported;

(b) List of coordinating individuals and participating internal and external organizations;

(c) Timeline for planning and implementation;

(d) And a budget itemizing and justifying costs to the extent possible.

(4) Requests that are denied can be revised and resubmitted for further consideration at the appropriate level.

(5) University-wide special activities: If the activity, in whole or in part, has an academic affairs focus or component, the solicitation should be sent to the provost and vice president for academic affairs. The provost will meet with the council of deans to determine whether the activity is worthy of funding consideration and what each reporting academic affairs unit will agree to contribute to the activity. The campus group or individual will be informed of the decision and, if appropriate, the breakdown of funding agreements. (If the activity, in whole or in part, has a student affairs focus or component, the solicitation should be sent to the vice president for student affairs.)

(6) Requests for funding for university-wide activities must be accompanied by a written proposal including a:

(a) List of participating university divisions and/or units and coordinating individuals;

(b) List of participating external organizations and coordinating individuals;

(c) Detailed description of the specific program or activities planned;

(d) Timeline for planning and implementation;

(e) Budget itemizing and justifying costs for staff, supplies, services, equipment, etc.; and

(f) A list of all individuals, within the university and the community, solicited for support. (Copies of the written requests and any subsequent agreements must be submitted with the request.)

(7) Applications for funding must be made prior to official commitment and or implementation of the event or program. Individuals and/or organizations that do not follow the official procedure to secure funding in advance are ineligible for support.

(8) Each individual, organization, and division named in the request must receive a copy of the submitted proposal.

(9) No solicitation for university-wide special activities should be made to individual campus units. Campus groups and/or individuals whose planned activities are more narrowly focused within the academic or student affairs divisions (e.g., an individual college) may solicit funds internally from that unit. However, the same general procedures should be followed.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-26 | Stand-by pay.
 

(A) Policy statement and purpose

The Fair Labor Standards Act requires that compensation be provided to hourly employees who are required to carry a cell phone and respond to calls for service. This policy establishes the criteria for receiving "Stand-by" pay.

(B) Policy

(1) Maintenance and trades employees who are designated as required to "stand-by" and required to carry a university issued cell phone and respond to calls for service as a condition of their position will be compensated according to the established guidelines. Questions regarding the guidelines can be directed to the office of human resources. Conditions which qualify an employee for the additional compensation are as follows:

(a) Employees designated as "stand-by" must carry a university issued cell phone and respond to calls for service within thirty minutes of receipt of a call.

(b) Employees must be available within thirty driving minutes from the university.

(c) Employees must be able and available for work and must refrain from the use of alcohol or prescription medications which may render them unable to perform the duties of their job.

(2) Additional Information:

Employees who fail to perform to the above conditions are subject to the universitys progressive discipline policy and may not receive additional compensation.

Date: January 1, 2014

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-27 | Alcohol and controlled substance policy for employees with commercial driver license.
 

(A) Policy statement and purpose

The purpose of this policy is to comply with all applicable federal regulations adopted by the federal highway administration (FHWA) of the U.S. department of transportation. The FHWA has enacted forty-nine CFR parts three hundred eighty-two, three hundred ninety- one, three hundred ninety- two, and three hundred ninety five as amended in the Federal Register. These regulations mandate urine drug testing and breath-alcohol testing for all employees who are required to obtain a commercial drivers license (CDL). The regulations also prohibit the driving of commercial motor vehicles (CMV) when there is a positive test result.

(B) Policy

The public expects services provided by employees of Bowling Green state university to be delivered in the safest and most conscientious manner possible. Involvement with drugs and alcohol can adversely affect job performance and employee safety. The presence of drugs or alcohol on the job and the influence of these substances on employees during working hours are inconsistent with the university's objective to maintain a drug and alcohol-free workplace.

The assistant vice president for human resources (or designee) is the person assigned by the university to answer questions from employees and supervisors or managers about the policy and the university's implementation of the FHWA regulations. (division (B)(1) of section 382.601 of the Revised Code) Employees who think they may have an alcohol or controlled substance problem are urged to voluntarily seek assistance from the university's employee assistance program. While the university will be supportive of those who seek help voluntarily, the university will be equally firm in identifying and disciplining those who are, or continue to be, substance or alcohol abusers and do not seek help.

To further our commitment of maintaining a drug and alcohol-free workplace in order to provide a safe work environment for employees and safe service delivery to the public, it is our policy to:

Ensure that employees who operate commercial motor vehicles are not impaired in their ability to perform their work in a safe and productive manner;

Conduct controlled substance and alcohol testing as required by FHWA regulations; and

Encourage employees to seek professional assistance any time alcohol or drug use adversely affects their ability to perform their work assignments.

(1) Covered employees

This policy applies to all employees who operate a commercial motor vehicle (defined in this paragraph) to carry out their job duties for Bowling Green state university or who are required as a condition of employment to possess and maintain a commercial driver's license (CDL). Participation in the university's CDL alcohol and controlled substance testing program is required for these employees and is considered to be a condition of employment.

A "commercial motor vehicle" is a vehicle that ( section 382.107 of the Revised Code)

(a) Has a gross combination weight rating of twenty-six thousand and one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds; or

(b) Has a gross vehicle weight rating of twenty-six thousand and one or more pounds; or

(c) Is designed to transport sixteen or more passengers, including the driver; or

(d) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations.

(2) Safety-sensitive functions

The FHWA alcohol and controlled substance regulations apply to employees when performing safety-sensitive functions. For this purpose of this policy, the term "safety-sensitive function" shall mean any of the "on-duty" functions described in the forty-nine CFR and as follows: (section 395.2 of the Revised Code)

(a) All time waiting to be dispatched. This includes any "on-call" time.

(b) All time inspecting, servicing, or conditioning any commercial motor vehicle.

(c) All driving time as defined by the regulations.

(d) All other time spent in or on any commercial motor vehicle.

(e) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded.

(f) All time spent dealing with a commercial motor vehicle accident.

(g) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.

(h) All time spent providing a breath or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by this policy when directed by the university.

(i) Performing any other work in the capacity of, or in the employ or service of, a common, contract, or private carrier.

(j) Performing any compensated work for any non-motor carrier entity.

(3) Prohibited conduct

Prohibited conduct addressed by this policy includes the following:

(a) No employee shall report for duty or remain on duty requiring a performance of safety-sensitive functions while having an alcohol concentration of four hundredths or greater. (section 382.201 of the Revised Code)

(b) No employee shall be on duty or operate a commercial motor vehicle while the employee possesses alcohol, unless the alcohol is displayed and transported as part of a shipment. (section 382.204 of the Revised Code)

(c) No employee shall use alcohol while performing safety-sensitive functions. This includes lunch periods, breaks, or when an employee is scheduled to return to work. (section 382.205 of the Revised Code)

(d) No employee shall perform safety-sensitive functions within four hours after using alcohol. (section 382.207 of the Revised Code)

(e) When involved in an accident that requires a post-accident alcohol test, an employee shall not use alcohol within eight hours of the accident or prior to submitting for the post-accident test, whichever comes first. (section 382.209 of the Revised Code)

(f) No employee shall refuse to submit to a post-accident alcohol or controlled substances test required under section 382.303 of the Revised Code, a random alcohol or controlled substances test required under section 385.305 of the Revised Code, a reasonable suspicion alcohol or controlled substances test required under section 382.307 of the Revised Code, or a follow-up alcohol or controlled substances test required under section 382.311 of the Revised Code. The university will not permit an employee who refuses to submit to such tests to perform or continue safety sensitive functions. (section 382.211 of the Revised Code) The employee who refuses to comply to the testing policy will be subject to termination procedures.

(g) No employee shall perform a safety-sensitive function when the employee uses any controlled substances, except when prescribed by a physician who has determined that the substance will not adversely affect the employee's ability to safely operate a commercial motor vehicle. The university may require an employee to inform the university of any therapeutic drug use. (section 382.213 of the Revised Code)

(h) No employee shall report for duty, remain on duty, or perform safety-sensitive functions if the employee tests positive for controlled substances. (section 382.215 of the Revised Code)

(4) Prohibited substances

Prohibited substances addressed by this policy include the following:

(a) Illegally used or controlled substances or drugs

These substances include, but are not limited to the following: marijuana, amphetamines, opiates, phencyclidine (PCP) and cocaine, as well as any drug not approved for medical use by the U.S. drug enforcement administration or the U.S. food and drug administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs

(b) Legal drugs

The appropriate use of legally prescribed drugs or non-prescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected shall be reported to supervisory personnel, and medical advice should be sought, as appropriate, before performing work-related duties. The misuse or abuse of legal drugs while performing university business is prohibited.

(5) Testing facility and procedures

The university will use the services of the Wood county council on alcoholism and drug abuse, Inc. The medical review officer (MRO) will be obtained according to the university's contract with the Wood county council on alcoholism and drug abuse, inc. The MRO will have no official association with the university testing shall be conducted in a manner to assure a high degree of confidentiality, accuracy, and reliability. All testing will be conducted consistent with the procedures set forth in forty-nine CFR Part 40 as amended.

The controlled substances tested for are marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). (section 40.21 of the Revised Code)

(6) Payment for testing

The university shall be responsible for the payment of the following:

(a) Random selection program costs

(b) DOT urine drug screen collection and testing for pre-employment, post-accident, random, and reasonable suspicion tests costs

(c) DOT alcohol breathalyzer test for post-accident, random, and reasonable suspicion test costs

(d) Mandatory supervisor and employee training

(e) The employee will be responsible for the payment of all other tests and services not specified above.

(7) Record retention

The medical review officer (MRO) will serve as the sole custodian of individual test results and will retain the individual test results for a minimum of five years. (division (B)(1) of section 382.401 of the Revised Code) The university will retain in its personnel files information that will indicate only the following: (section 382.407 of the Revised Code)

(a) Name of the employee;

(b) Date of the test;

(c) Location of the test;

(d) Type of test conducted (random, post-accident, pre-employment, pre-duty, reasonable suspicion, return-to-duty, follow-up, or employee requested);

(e) Identity of the person or entity conducting the test; and

(f) Test findings either as positive or negative, and if positive, the identity of the controlled substances.

(g) The annual calendar year summary of the results of the alcohol and controlled substance testing programs must be completed by March fifteenth of the following year.

This report will be completed by the human resources director or the Wood county council on alcoholism and drug abuse, inc. (section 382.403 of the Revised Code)

(8) Alcohol and controlled substance testing

An employee is subject to FHWA mandatory testing for alcohol and controlled substances under the following circumstances:

(a) Pre-employment/pre-duty testing (section 382.301 of the Revised Code)

An applicant for employment must be tested for alcohol and controlled substances before the first time the employee performs any safety-sensitive function for the university.

All applicants who have been tendered an offer of employment, shall undergo urine drug testing and breath alcohol testing.

Testing will also be required when current employees transfer to safety-sensitive positions.

The university will not allow an applicant or employee to perform a safety-sensitive function unless the result of the breath alcohol test indicates a breath alcohol level of less than four hundredths, and has received a controlled substance test result from the MRO indicating a verified negative test. If the results of the employee's alcohol test indicated a breath alcohol concentration of two hundredths or greater, but less than four hundredths, the employee will not be permitted to perform safety-sensitive functions until the start of the employee's next regularly scheduled duty period, but not less than twenty-four hours following the administration of the test. (section 382.505 of the Revised Code) (section 382.301 of the Revised Code)

Any individual who refuses to submit to a controlled substance or alcohol test or who tests positive for a controlled substance shall be deemed medically unqualified and shall not be eligible for employment with the university. (section 382.211 of the Revised Code)

Evidence of the absence of drug or alcohol dependency from a substance abuse professional, and negative drug and alcohol tests will be required before further consideration for employment.

The university will notify an applicant of the results of pre-employment/pre-duty alcohol and/or controlled substance tests provided that the applicant requests the test results within sixty days of employment notification by the university. (section 382.411 of the Revised Code)

(b) Post-accident testing (section 382.303 of the Revised Code)

An employee must be tested for alcohol and controlled substances as soon as practicable following an accident involving a commercial motor vehicle, if

(i) The employee was performing a safety-sensitive function with respect to the vehicle, and the accident resulted in the loss of a human life (whether or not the employee caused the accident); or

(ii) The employee receives a citation under state or local law for a moving violation arising out of the accident.

(iii) An employee who is involved in an accident or violation must refrain from alcohol use for either eight hours following an accident or until the employee undergoes a post-accident alcohol test.

Once an employee presents themselves to a supervisor for testing, the employee shall be maintained on the regular payroll. However, if a positive test result occurs, then those hours spent following the accident awaiting the test result shall be charged against the employee's accrued leave time.

Following an accident or violation

(iv) An employee will be tested for alcohol within two hours of an accident or violation. If an alcohol test is not accomplished within two hours of an accident or violation, then a written record shall be prepared and maintained in the personnel file stating the reasons the alcohol test was not promptly administered.

(v) If the alcohol test has not been accomplished within eight hours following notification, the university shall stop its attempt to administer the alcohol test. The university shall prepare and maintain in the personnel file a written record stating the reasons the alcohol test was not promptly administered.

(vi) An employee will be tested for a controlled substance within thirty-two hours. If a post-accident controlled substance test is not administered within thirty-two hours following an accident, the university shall prepare and maintain a written record in the personnel file stating the reasons the test was not promptly administered.

(vii) An employee who is subject to post-accident testing shall remain readily available for such testing. If the employee is not readily available, the employee may be deemed by the university to have refused to submit to testing. Nothing in this policy shall be construed to require the delay of necessary medical attention for injured persons following an accident to or prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.

(viii) The university can use (by permission from the FHWA) post-accident tests conducted by federal, state, or local officials as meeting the requirements of this section under the following conditions:

(a) The official must have independent authority to conduct the tests.

(b) The test must conform to federal, state, or local requirements.

(c) Alcohol tests require blood or breath samples.

(d) Controlled substance tests require a urine sample.

(c) Random testing (section 382.305 of the Revised Code)

All university employees will be subject to random, unannounced alcohol and controlled substance testing. The tests will not be announced in advance and will be spread reasonably throughout the year. The selection process used shall be that which is utilized by the Wood County council on alcoholism and drug abuse, inc. Employees will be tested on the day notified. A minimum of twenty-five percent of the employees will be tested annually for alcohol, and a minimum of fifty percent of the employees will be tested annually for controlled substances.

The FHWA will increase or decrease the minimum annual percentage rate for alcohol testing based on the reported violation rate for the entire industry. Annually, the FHWA will publish in the Federal Register the minimum annual percentage rate for random alcohol testing for employees. The new minimum annual percentage rate for random alcohol testing will be applicable beginning January first of the calendar year following the publication. Employees will only be tested randomly for alcohol when they are performing safety sensitive functions, immediately prior to, or after performing safety-sensitive functions.

After an employee has been randomly selected for a test, the employee must immediately proceed to the testing site upon notification of being selected.

If an employee who has been randomly selected for a test is on vacation or other preapproved form of leave, then another employee will be selected as an alternate. The alternate will then be subject to the random test process on that day. It is also the option of the university to keep the original selection confidential until the employee returns to duty.

(d) Reasonable suspicion testing (section 382.307 of the Revised Code)

When a trained supervisor, manager, or other university official observes behavior, appearance, speech, or body odors of an employee that are characterized of alcohol and/or controlled substances abuse, including indication of chronic and withdrawal effects of controlled substances, the department will notify the human resources department. The human resources department will contact the Wood county council on alcoholism and drug abuse, inc. for testing. Testing is done only if the observations are made during, just before, or just after the period of the work day the employee is required to be in compliance.

Once an employee has been notified that a reasonable suspicion test will be conducted, it must take place within two hours of the notification. If the test is not accomplished within two hours, a written record shall be prepared and maintained in the personnel file stating the reasons the alcohol test was not promptly administered. If the test has not been accomplished within eight hours following notification, the university shall stop its attempt to administer the test and prepare and maintain in the personnel file a written record of the reasons the alcohol test was not promptly administered.

When it is not feasible or possible to conduct a reasonable suspicion alcohol test in a timely manner, the employee is not permitted to perform safety-sensitive functions for eight hours or until an alcohol test is administered in this time period with results below two hundredths.

An observed behavior--reasonable cause record form (attachment I) shall be made of the observations leading to an alcohol or controlled substance reasonable suspicion test and signed by the supervisor or university official who made the observations. The record shall be made within twenty-four hours of the observed behavior or before the results of the controlled substances test are released, whichever is first.

Once an employee has been directed to undertake testing, the employee will continue to be maintained on the regular payroll. However, if a positive test result occurs, then those hours spent awaiting the test results shall be charged against the employee's accrued leave time.

(e) Return-to-duty testing (section 382.309 of the Revised Code)

All employees, who previously tested positive on a controlled substance or alcohol test, must test negative for the controlled substances and have a breath alcohol concentration of less than two hundredths.

Employees must also be evaluated and released to duty by the substance abuse professional (SAP). Once an employee has been returned to duty by the SAP, the employee will be required to undergo frequent and unannounced follow-up testing.

There will be a minimum of six follow-up controlled substance and/or alcohol tests in the first twelve months following re-entry to the job. Follow-up testing may extend for up to sixty months following an employee's return to duty. Alcohol follow-up tests shall only be administered when the employee is performing a safety-sensitive function, either immediately prior to or after the safety-sensitive function is performed. (section 382.605 of the Revised Code)

Follow-up testing shall be at the expense of the employee.

(f) Employee requested testing (section 40.33 of the Revised Code)

Any employee, who questions the results of a required drug test under this policy, may request that an additional test be conducted. This test must be conducted at a different testing laboratory which is certified by the department of health and human services (DHHS). The test must be conducted on the split sample that was provided at the same time as the original sample. The cost of the second test shall be paid by the employee, unless the second test invalidates the original test.

The employee's request for a split sample test must be made to the MRO within seventy-two hours of notice of the initial test result. Requests after seventy-two hours will only be accepted if the delay was due to documented facts that were beyond the control of the employee.

(g) Follow-up testing (section 382.311 of the Revised Code)

Following a determination that an employee is in need of assistance in resolving problems associated with alcohol and/or controlled substances abuse, the employee is subject to unannounced follow-up testing as directed by a substance abuse professional.

Follow-up alcohol testing shall be conducted only when the employee is performing safety sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing safety-sensitive functions.

(9) Supervisory responsibility

The university is dedicated to assuring fair and equitable application of this alcohol and controlled substance abuse policy. Therefore, supervisors or managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor or manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action up to and including termination.

Supervisors or managers must not permit an employee to perform safety-sensitive functions if they have actual knowledge that the employee

(a) Has a blood alcohol concentration of four hundredths or greater (section 382.201 of the Revised Code); or

(b) Has alcohol in their possession (section 382.204 of the Revised Code); or

(c) Is using alcohol on the job (section 382.205 of the Revised Code); or

(d) Has used alcohol within the past four hours (section 382.207 of the Revised Code); or

(e) Refused to submit to an alcohol or drug test required by this policy (section 382.211 of the Revised Code); or

(f) Has used a controlled substance (section 382.213 of the Revised Code); or

(g) Tested positive for controlled substances. (section 382.215 of the Revised Code)

(10) Training

The university shall ensure that persons designated to determine whether reasonable suspicion exists to require an employee to undergo testing receive at least sixty minutes of training on alcohol misuse and receive at least an additional sixty minutes of training on controlled substances use. The training shall cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. (section 382.603 of the Revised Code)

Supervisors will also receive training on the policy and procedures regarding the university's policy and the FHWA regulations.

Employees will receive training that will cover the university policy, testing procedures, and the federal regulations. Employees will also receive a copy of the universitys policy at the training session. (section 382.601 of the Revised Code)

(11) Referral, evaluation, and treatment (section 382.605 of the Revised Code)

Each employee who has engaged in conduct prohibited in this policy shall be evaluated by a substance abuse professional (SAP) who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol and controlled substances misuse.

The SAP is a licensed or certified physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related and controlled substance disorders. (section 382.107 of the Revised Code) The substance abuse professional services will be provided by the Wood County council on alcoholism and drug abuse, Inc. or by Harbor employee assistance. Harbor employee assistance also conducts the employee assistance programs for the university.

If the SAP determines that no assistance is necessary, then the employee shall return to work with all time off awaiting the report of the SAP charged to the employee's accrued but unused sick, vacation, compensatory, or personal leave balances. Employees who have insufficient leave balances to cover the period of time that they are awaiting the report of the SAP shall be granted a leave of absence without pay.

If the SAP determines that an employee needs assistance in resolving problems associated with alcohol misuse or controlled substance use, then in order to return to duty, the employee must be further evaluated by the SAP to determine that the employee has properly followed a rehabilitation program. For those employees seeking treatment, the employee benefits that would otherwise be available to the employee shall continue, for example, sick leave, vacation leave, personal business leave, compensatory leave, family medical leave and group health insurance benefits. Employees who have insufficient leave balances to cover their leave shall be granted a leave of absence without pay during their time in rehabilitation or treatment.

Any costs associated with evaluations, treatment, or rehabilitation services may be eligible for payment through the university's health insurance plan, subject to deductible, copayments, and lifetime caps.

If an employee is allowed to return to duty, the employee must properly follow the rehabilitation program prescribed by the SAP and the return-to-duty section of this policy.

Assessment by the SAP does not shield an employee from disciplinary action or guarantee employment or reinstatement with the university. Any employee who refuses or fails to comply with the universitys policy requirements for treatment, after care, or return-to duty, shall be subject to discipline.

The university shall ensure that the SAP who determines that an employee requires assistance in resolving problems with alcohol misuse or controlled substances use does not refer the employee to The substance abuse professional's private practice; or

(a) A person or organization from the substance abuse professional's private practice; or

(b) A person or organization from which the substance abuse professional receives remuneration or has a financial interest

However, this does not prohibit a substance abuse professional from referring an employee for assistance provided through a public agency, such as a state, county, or municipality;

(i) The employer or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the university;

(ii) The sole source of therapeutically appropriate treatment under the employee's health insurance program; or

(iii) The sole source of therapeutically appropriate treatment reasonably accessible to the employee.

The requirement of this policy with respect to referral, evaluation and rehabilitation does not apply to applicants who refuse to submit to a pre-employment alcohol or controlled substances test or who have a pre-employment controlled substances test with a verified positive test result

(12) Other alcohol related conduct (section 382.505 of the Revised Code)

No employee tested under the provisions of the policy who is found to have an alcohol concentration of two hundredths or greater but less than four hundredths shall perform or continue to perform safety-sensitive functions for the university, including driving a commercial motor vehicle.

Refusal to submit means that an employee (section 382.107 of the Revised Code)

(a) Fails to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing in accordance with the policy; or

(b) Fails to provide adequate urine for testing without a valid medical explanation after the employee has received notice of the requirement for urine testing in accordance with the policy; or

(c) Engages in conduct that clearly obstructs the testing process.

(d) Refusing to submit to a test shall be treated as a positive test result. (section 382.211 of the Revised Code)

(13) Refusal to submit to a required alcohol or controlled substances test (section 382.211 of the Revised Code)

No employee shall refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substances test. The university will not permit an employee who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. Refusal to submit means that an employee (section 382.107 of the Revised Code)

(a) Fails to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing in accordance with the policy; or

(b) Fails to provide adequate urine for testing without a valid medical explanation after the employee has received notice of the requirement for urine testing in accordance with the policy; or

(c) Engages in conduct that clearly obstructs the testing process.

(d) Refusing to submit to a test shall be treated as a positive test result. (section 382.211 of the Revised Code)

(14) Discipline

(a) First offense

An employee who receives a verified alcohol concentration of four hundredths or greater or a verified positive controlled substance test will be required to undergo referral evaluation, and treatment as explained in Section XIII of this policy. Furthermore the employee will be suspended without pay for a period of two working days. The period of suspension shall be served upon the completion of the rehabilitation or treatment program.

(b) Second offense

An employee who is returned to duty following assessment and/or treatment and who received either a verified alcohol concentration of four hundredths or greater or a verified positive controlled substance test on any subsequent random, follow-up, return-to duty, reasonable suspicion, or post-accident alcohol or controlled substance test within five years of this return-to-duty, shall again be required to undergo referral, evaluation, and treatment as explained in Section XIII of this policy. Furthermore, the employee will be suspended without pay for a period of ten working days. The period of suspension shall be served upon the completion of the rehabilitation or treatment program.

(c) Third offense

An employee who is returned to duty following the second referral for assessment and/or treatment and who receives either a verified alcohol concentration of four hundredths or greater, or a verified positive controlled substance test on any subsequent random, follow-up return-to-duty, reasonable suspicion, or post accident alcohol or controlled substance test within five years of the employees first return to duty shall be terminated. An employee who fails to comply with university requirement for evaluation, treatment, or return-to-duty testing shall be subject to termination.

The discipline prescribed above for second and third offenses may be subject to appeals in accordance with the discipline procedures established by the university.

(15) Removal from safety-sensitive function (section 382.501 of the Revised Code)

No employee shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the employee has engaged in conduct prohibited by this policy or an alcohol or controlled substances rule of another department of transportation (DOT) agency.

The university will not permit any employee to perform safety-sensitive functions, including driving a commercial motor vehicle, if the university has determined that the employee has violated this policy.

(16) Release of testing information by previous employers (section 382.413 of the Revised Code)

The university may obtain, pursuant to an employee's written consent, any of the information concerning the employee that is maintained pursuant to "Subpart D - handling of Test Results, Record Retention and Confidentiality - of the Federal Regulations," by the employee's previous employers. The requested information must be obtained from the official records of the previous employers.

The university shall obtain, pursuant to an employee's consent, information on the employee's alcohol tests with a concentration result of four hundredths or greater, positive controlled substances test results, and refusals to be tested, within the previous two years.

The information must be obtained and reviewed by the university no later than fourteen calendar days after the first time an employee performs safety-sensitive functions. The university will not permit an employee to perform safety-sensitive functions after fourteen calendar days without obtaining the information. If the employee stops performing safety-sensitive functions for the university before expiration of the fourteen day period or before the university has obtained the information required in the paragraph above, the university must still obtain the information.

The university may obtain from any previous employer the information related to that person's participation in an alcohol and controlled substance testing program. The university will obtain written permission from the individual employee to acquire this information. The university may obtain the information from the previous employer personal interview, telephone interview, letter, facsimile, or other method as long as measures are taken to ensure confidentiality. The university will maintain a written, confidential record with respect to each of the past employers contacted.

The university will obtain and review the information listed below from any previous employer where the individual performed safety-sensitive functions the previous two years. The university must request and review this information within fourteen days after the person first performs a safety-sensitive function. The information will include:

(a) The individual's breath alcohol tests that indicated concentration of four hundredths or greater; and

(b) Positive controlled substance tests; and

(c) Any refusals to submit to a required alcohol or controlled substance test.

The university will not employ any individual to perform safety-sensitive functions if the university obtains information indicating that the person has tested positive for controlled substances, tested at or above four hundredths breath alcohol concentration, or refused to test unless the employer has evidence the person has been evaluated by a SAP, completed any required counseling or rehabilitation, passed a return-to-duty test, and been subjected to follow-up testing.

Any other release of information is only released with the employee's consent. If an employee initiates a grievance, hearing, lawsuit, or other action as a result of a violation of these rules, the employer may release relevant information to the decision maker.

(C) Certificate of receipt

I hereby certify that I have received and read Bowling Green state university's alcohol and controlled substance policy for employees with commercial driver's license.

I understand that a copy of this certificate of receipt shall be maintained in my personnel file and that a copy will also be provided to me.

Date: October 2005

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-28 | Violence in the workplace.
 

(A) Policy statement and purpose

The purpose of this policy is to support a safe environment for all Bowling Green state university employees clear of acts of violence, threats of violence, or intimidation.

(B) Policy

Bowling Green state university has a very clear policy that acts of violence, threats of violence, or intimidation will not be tolerated among its employees (faculty, administrative and classified staff) while engaged in the work they were hired to do. The university recognizes the importance of providing a safe environment for all of its employees. In this community, victims/survivors will be treated with dignity and respect. Any persons found in violation of this policy may be subject to disciplinary action. Violators may also be subject to criminal prosecution. For purposes of this policy, violence shall be defined as:

(1) Any exercise of force against another person or against property that could result in physical or emotional harm.

(2) Any threats of violence including any verbal or non-verbal communication that inflict harm.

(3) Intimidation including any verbal or non-verbal act towards another person, the purpose of which may be to coerce, and the result of which could cause the other person to fear for their safety or the safety of others.

In many situations, these actions could also rise to the level of criminal acts under the Ohio Revised Code. Acts defined in this section include, but are not limited to, physical assault or abuse, sexual assault or abuse, stalking, verbal or other threats of physical or sexual assault, threats that may include a weapon, and damage or destruction of anothers property. BGSU is committed to providing education, prevention, advocacy, intervention, and support services which address acts of violence, threats of violence, and intimidation. In addition, the university collaborates with community agencies and professionals in providing services and referrals. All members of the university community are asked to report violations of the policy on violence in the workplace to appropriate authorities.

Additional information on the violence in the workplace policy may be found in the classified staff handbook, the administrative staff handbook and the charters faculty handbook.

Date: September 2004

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-29 | Pay transactions policy for classified staff.
 

(A) Policy statement and purpose

The purpose of this policy is to clarify pay transactions. These clarifications are in keeping with university policy and are supported by federal and state laws.

(B) Policy

(1) Lateral move within classification/pay grade. There is no change in total rate of pay.

(2) Reclassification.

The employee will be placed at the end of probation rate for the new pay grade or a six per cent increase, whichever is greater.

(3) Promotion.

The employee will be placed at the starting rate of the new pay grade or a four percent increase, whichever is greater. At the end of the probationary period, the employee will advance to the end of probation rate or a four percent increase, whichever is greater. In the event the probationary period is not satisfactorily completed, the employee will be returned to the former classification and rate of pay and to the same or similar position.

(4) Overtime.

At certain times, it may be necessary for your department to work more than forty hours per week. If this occurs and your supervisor asks you to work overtime, you are expected to comply with this request, unless prohibited by some bona fide emergency. Overtime will be distributed as evenly as possible among eligible employees in the department.

All classified staff members are entitled to overtime pay for authorized overtime resulting in more than forty hours of active pay status in a work week. Active pay status includes work time, sick leave, personal leave, vacation and compensatory time used. Overtime may be either one-and-one-half times the total rate of pay, or compensatory time at one-and-one-half times the overtime hours worked. Compensatory time must be used at a time mutually agreeable between the employee and supervisor. The choice of taking overtime pay or compensatory time off is the employee's alone and cannot be altered by the immediate supervisor.

A maximum accrual of four hundred eighty hours of compensatory time is permitted for university law enforcement officers and two hundred forty hours for all other employees. When the maximum number of hours of compensatory time accrual is reached, payment for overtime will be made.

(5) Scheduled call-in pay.

If you are scheduled (prearranged between supervisor and employee) to return to work outside your normal work schedule, the university will pay you for all hours worked but in no event will you be paid less than two hours at your total rate of pay.

(6) Emergency call-back pay.

After regularly scheduled hours of work have ended and without prearrangement, if the employee is called-back to work, callback pay is guaranteed. An employee entitled to call-back pay is entitled to a minimum of four times the employee's total rate of pay regardless of the number of hours worked. When the point is reached where the actual hours worked (more than two hours, forty minutes) provide compensation exceeding the assured minimum, regular overtime provisions will apply.

(7) Holiday pay.

If you are required to work on a holiday, in addition to holiday pay, you will be paid for your time worked at one-and-one-half times your total hourly rate of pay; or you may elect compensatory time off at one-and-one-half times the number of hours worked in lieu of receiving compensation for time worked on the holiday.

(8) Professional achievement pay.

If your job requires a specific license or certification required by law and the requirement is not contained in the classification specification, you may be eligible for an increase in hourly rate that is five percent of the starting rate for as long as the licensing or certification is needed and maintained.

(9) Hazardous duty pay.

If your job requires you to be exposed to hazardous conditions not contained or specifically intoned in the classification specification, you may be eligible to be paid an additional five per cent, seven and a half percent, or ten per cent of the starting rate of pay for the duration of time that the hazardous duty is performed. The percentage to be paid is based on the degree of hazard. An example of a hazardous condition not contained in a classification specification is asbestos removal.

(10) Temporary reassignment.

If you are temporarily assigned to a classification that has a higher pay grade than the one to which you are presently assigned, you will receive a five per cent increase to your total hourly rate of pay for the duration of the temporary reassignment. Temporary reassignments must exceed a minimum of two weeks (fourteen calendar days) and not exceed ten weeks in duration. If the temporary reassignment is the result of an employee on a leave of absence, and where the employee is scheduled to return, the assistant vice president may waive the ten-week maximum period, human resources as appointing authority.

(11) Demotion.

If an employee voluntarily bids and accepts a position that has a lower pay grade, the individual will be assigned to a rate of pay in the lower classification that provides the same percentage differential between the end of probation rates for the two classifications. If the difference in the end of probationary rates between a secretary one (pay grade six) and a clerical specialist (pay grade five) is four point seven per cent, the individual's hourly rate will be reduced by this percentage and will be no lower than the end of probation rate.

(12) Layoff.

If an employee displaces to a classification that has a lower pay grade, the individual will be assigned to a rate of pay in the lower classification that provides the same percentage differential between the end of probation rates for the two affected classifications. If a cook one (pay grade three) displaces to a food service worker (pay grade one) and the difference between end of probationary rates is eight point three per cent, the affected individual's hourly rate will be reduced by this percentage and will be no lower than the end of probation rate.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-30 | Independent contractors policy.
 

(A) Policy statement and purpose

The purpose of this policy is to prescribe guidelines for obtaining the services and compensating an independent contractor at Bowling Green state university under the conditions established by the IRS. It is the intent of university to classify individuals as independent contractors only when there is a reasonable basis for such determination.

(B) Policy

(1) Eligibility.

(a) Individuals classified as independent contractors are not eligible for any employee benefits, are not covered by workers compensation, and pay for services is also not subject to income tax withholding.

(b) Individuals who are currently employed with Bowling Green state university may not be paid as an independent contractor.

(c) Individuals who have been employed with Bowling Green state university may not be paid as an independent contractor in the same calendar year that they were an employee holding the same position, with the same duties.

(2) Definitions.

(a) Independent contractor An individual who performs a service for the university, but is free from substantial control or direction in the performance of his or her work under a contract of service. An independent contractor is always an individual and shall not be a corporation or other similar legal entity.

(i) Independent contractors usually have a skill or area of expertise not available within the university, and the need for their services commonly does not extend beyond a limited period of time in which to complete a defined project.

(ii) As a general rule, the university has the right to control or direct only the result of the work done by an independent contractor, and not the means and methods of accomplishing the result.

(iii) Independent contractors are further defined by the following criteria:

(a) No instructions. Independent contractors are not required to follow, nor are they furnished with, instructions to accomplish a job.

(b) No training. Independent contractors typically do not receive training by the university. They use their own methods to accomplish the work, but may have to use a university system to complete their work.

(c) Others can be hired. Independent contractors are hired to provide a result and may usually have the right to hire others to do the actual work.

(d) Independent contractor's work is not essential. The universitys success or continuation should not depend on the service of outside independent contractors.

(e) No time schedule. Independent contractors set their own work hours and schedule.

(f) No permanent relationship. Independent contractors do not have a continuing relationship with the university. The relationship can be frequent, but it must be at irregular intervals, on call, or whenever work is available.

(g) Other jobs. Independent contractors should have enough time available to pursue other gainful work.

(h) Location. Independent contractors control where they work. If they work on the premises of the university, it is for convenience and not under the universitys direction or supervision.

(i) Order of work. Independent contractors determine the order and sequence in which they will perform their work.

(j) No hourly pay. Independent contractors are paid by the job, not by time. Payment by the job can include periodic payments based on a percentage of job completed. Payment can be based on the number of hours needed to do the job times a fixed hourly rate. Payment method should be determined before the job commences.

(k) Multiple firms. Independent contractors often work for more than one firm at a time.

(l) Business expenses. Independent contractors are generally responsible for their own business expenses, although it is not uncommon for independent contractors to negotiate to contract for reimbursement for all associated travel expenses.

(m) Significant investment. Independent contractors should be able to perform their services without the universitys facilities (equipment, office furniture, machinery, etc.). The independent contractor's investment in their trade must be real, essential, and adequate.

(n) Services available to the public. Independent contractors make their services available to the general public by one or more of the following: having an office and assistants; having business signs; having a business license; listing their services in a business directory; or advertising their services.

(o) Profit or loss possibilities. Independent contractors should be able to make a profit or a loss. Employees cannot suffer a loss. Five circumstances show that a profit or loss is possible: the independent contractor hires, directs, and pays assistants; the independent contractor has his own office, equipment, materials, or facilities; the independent contractor has continuing and recurring liabilities; the independent contractor has agreed to perform specific jobs for prices agreed upon in advance; and the independent contractor's services affect his own business reputation.

(p) Termination. Independent contractors contractual agreement may be terminated for any reason by either party upon written notification.

(3) Responsibility

(a) Requesting department.

(i) The requesting department representative must initiate the completion of the independent contractor determination form and will forward all documentation to human resources for approval.

(ii) The requesting department representative is responsible for obtaining any supporting documentation, and attaching it to the independent contractor determination form.

(iii) An independent contractor working arrangement will not be commenced or entered into, without approval from human resources and the appropriate vice president.

(b) Independent contractor.

(i) The independent contractor will furnish the university with all applicable contract information.

(ii) The requesting department will have a contractual agreement that will be drawn by the university that will outline the expectations of the university for the assignment that the independent contractor will undertake.

(iii) If necessary the requesting department will secure a confidentiality agreement, signed by the independent contractor provided by the university.

(iv) The independent contractor may not subcontract work without BGSU written permission.

(c) Human resources and university counsel.

(i) Human resources, in consultation with university counsel, will approve or deny requested independent contractor employment agreements. No approval will be processed without the approval of the president or the appropriate vice president.

(ii) The purchasing department will be contacted when an independent contractor employment arrangement has been approved.

(d) Purchasing department.

(i) Purchasing will be notified by human resources should an independent contractor relationship be established.

(ii) The requesting department shall work with purchasing to ensure all documentation (vendor data form) is completed.

(iii) Once the independent contractor has been approved by purchasing as a vendor they will notify accounts payable of the approval.

(iv) Purchasing will determine if the payment to the independent contractor will exceed allowable limits and thus require a department to go through the request for proposal (RFP) process.

Date: November 1st, 2013

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-32 | Bonus Policy.
 

(A) Policy statement and purpose

Exemplary job performance that well exceeds the usual expectations for the position should be encouraged, recognized and rewarded. The university adopts this policy to govern the awarding of one-time, lump-sum compensation that is outside of base salary or wages to reward exemplary performance.

(B) Policy

(1) Eligibility

To be eligible for a bonus under this policy a recipient must:

(a) Be an active, full-time or permanent part-time employee of the university.

(b) Not have received any disciplinary action for the previous year.

(c) Completed the probationary period, if classified staff.

(2) Consideration for a bonus shall be based on factors that include, but are not limited to:

(a) Exemplary work on a special project

(b) Achievement of significant departmental/project goals

(c) Development of or assistance with implementation of an idea or an initiative which improves a business process, results in cost-savings, or supports a university strategic goal

(d) Consistent exemplary performance in all areas, going well above and beyond the normal expectations

(3) Bonus consideration shall not include consideration of the following factors:

(a) Holidays, length of service, or work anniversaries

(b) Consistently meeting expectations of the full performance standards as assigned by the position

(c) Situations to which the provisions of other rules and/or collective bargaining agreements are applicable salary increases

(d) Changes in duties or responsibilities that result from transfer or reassigning responsibilities to another person or unit

(e) Perfect attendance record

(4) Other considerations

(a) This bonus program shall not apply to employees who are represented by a collective bargaining agreement; or to employees whose employment contracts otherwise provide for earning performance based bonuses or to employees whose positions are funded, in whole or in part, on external grant funds unless the grant agreement allows for the use of grant funds for payment of bonuses.

(b) Bonuses are discretionary. This policy creates no enforceable contract right.

(c) Bonuses are dependent on the availability of funds as determined by the unit administrator, vice president and university president.

(d) A bonus will be a one-time payment. Bonuses are not added to base salary.

(e) Funding of bonuses will be the responsibility of the employing unit or division.

(f) Funding exceptions for special projects may be accepted and approved by the divisional vice president or president.

(g) Bonuses will be processed through the university payroll system. The applicable deductions and federal state tax contributions will be taken.

(h) The minimum bonus that may be paid under this policy is two hundred fifty dollars. The maximum bonus amount that may be paid under this policy is two thousand dollars.

(i) Bonus payments below the minimum amount or above the maximum amount or under circumstances not provided for by this policy shall require the prior written approval of the university president.

(j) Bonus payments must comply with all state and federal laws and regulations.

(k) This policy is subject to revocation or modification at the administrations sole discretion.

(5) Procedure

Recommendation and approval for any bonus shall be made solely at the discretion of the departmental manager/director, vice president, dean or president and shall not be subject to appeal or further review.

(a) The department manager/director or vice president shall complete the bonus submission form and submit the information to the appropriate dean/director/vice president for review.

(b) The divisional vice president shall provide final approval, or not, in consultation with the chief human resources officer or the appropriate designee to ensure the request meets the required criteria.

(c) Approved bonus payments will be processed in December, through the payroll department.

Date: November 9, 2015

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-38 | Sexual harassment.
 

(A) Policy statement and purpose

It is the policy of Bowling Green state university that sexual harassment will not be condoned. This policy applies equally to faculty, administrative and classified staff, and students and is in keeping with the spirit and intent of guidelines on discrimination because of sex.

(B) Policy

(1) Definition

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment or academic pursuits,

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual, or

(c) Such conduct has the purpose or effect of unreasonably interfering with an individuals employment or academic performance or creating an intimidating, hostile or offensive working or educational environment.

(2) Regulations

(a) It is a violation of university policy for any member of the faculty, administrative and classified staff, or student body to engage in sexual harassment.

(b) Retaliation against members of the Bowling Green state university community who exercise their right to file charges of discrimination or harassment is strictly prohibited by state and federal law and university policy. Retaliation is prohibited whether or not the charging party prevails in the original charge. Subsequent to, or contemporaneous with the charge, no agent of the university may harass, coerce, intimidate, or discriminate against an individual who has filed a complaint or participated in the complaint resolution process. Charges of retaliation will be investigated by the office of human resources.

(3) Responsibilities

(a) On a university-wide basis, the office of human resources is responsible for the coordination and implementation of Bowling Green state universitys sexual harassment policy. This office will serve as the resource with regard to all matters of this nature.

(b) Each dean, director, department chair, and administrative head of an operational unit is responsible for the dissemination and implementation of this policy within his or her area of responsibility. Persons at this level are also responsible for referring reported incidents of sexual harassment to the office of human resources.

(c) It is expected that each faculty member, administrative staff member and classified staff member will ensure adherence to this policy within his or her area of responsibility. Such efforts are largely a matter of good faith.

(d) It is the responsibility of all members of the university community to discourage sexual harassment, report such incidents, and cooperate in any investigation that might result.

(4) Principles

In investigating complaints of unlawful harassment and discrimination, the following principles will be adhered to:

(a) Each complaint will be handled on an individual, case-by-case basis, taking a look at the record as a whole and at the totality of circumstances.

(b) The investigation will be conducted as fairly and expeditiously as possible.

(c) In investigating complaints, every effort will be made to ensure confidentiality.

(d) An individual bringing forth an honestly perceived complaint will not suffer any type of retaliation regardless of the outcome of the complaint.

(e) The complaint will be resolved in a manner that is consistent with this policy and also fair and equitable to all parties concerned.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 3/4/2015
Rule 3341-5-39 | By-invitation appointments.
 

(A) Policy statement and purpose

It is the policy and practice of Bowling Green state university that an appropriate search will be conducted for all available positions. An appropriate search is one that conforms to the university's official hiring procedures for faculty, administrators and classified staff. These procedures were established pursuant to the university's affirmative action and EEO obligations, and are intended to assure full and fair consideration of all applicants for employment. It is recognized that there may be exceptional circumstances in which it would be in the university's interest to deviate from our standard search procedures. These circumstances, by virtue of their exceptional nature, will be rare.

(B) Policy

(1) Conditions warranting search waiver

(a) In cases where the hiring unit has an opportunity to hire an exceptional individual whose employment will add national or regional prestige and distinction to the university.

(b) In cases where the hiring unit is underutilized and has an opportunity to hire a minority or female individual whose employment will enhance the diversity profile of the unit and the university.

(c) In cases where the circumstances, such as unavailability of hiring personnel, or extenuating time constraints will not permit the normal search to be conducted and an acting or interim appointment is deemed inappropriate.

(2) Procedures

In such circumstances, written justification detailing a compelling reason for waiving the search must first be presented to the CHRO for consideration and then forwarded to the president for approval.

Once approval has been granted by president, the documentation should be forwarded to the office of human resources to begin the hiring process.

The hiring unit may not proceed with a by-invitation appointment without the required approvals.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-40 | Parental Leave.
 

(A) Policy statement and purpose

As part of its efforts to foster a workplace in which professional success can be achieved while maintaining a quality personal and family life, the university supports employees and their families with leave opportunities for new parents. The purpose of parental leave is to promote work-life balance by providing time for parents to care for and bond with their newborn, newly-adopted, or newly-fostered child.

All requests for leave under this policy must follow the procedures outlined in this policy. The university will make appropriate arrangements to cover the duties of the employee while the employee is on parental leave.

(B) Policy scope

This policy applies to full time, benefit-eligible employees of BGSU who have at least twelve months of continuous service with BGSU before the birth, adoption, or foster care placement for which parental leave is requested.

(C) Definitions

(1) Benefit-eligible

An employee is benefit-eligible if they are eligible to enroll in a BGSU health insurance plan.

(2) Qualifying event

The term "qualifying event" means the birth of a child or the adoption or foster care placement of a child who is less than six years of age. Adoption of a stepchild is not a qualifying event.

(D) Policy

(1) Parental leave benefit

Bowling Green state university provides full time benefit-eligible employees with up to twenty-five consecutive business days of paid parental leave to be used immediately following a qualifying event.

The parental leave will commence on the day of the qualifying event if that day is a business day. If not, the parental leave will commence on the first business day after the qualifying event.

Parental leave does not reduce the employees accrued time under any other University paid leave program (such as sick, vacation, personal, or compensatory time). An employee on parental leave will continue to accrue sick, vacation, and personal leave at their regular rate.

Any holiday occurring during parental leave period shall be counted as part of the parental leave and paid as such.

Parental leave will run concurrently with the employees available family medical leave (also known as FMLA leave) and maternity leave. At the end of the parental leave, the employee may choose to use some or all of their remaining family medical leave and maternity leave.

If both parents are eligible for parental leave under this policy, they may choose to take the parental leave concurrently or consecutively.

No more than two parental leaves may be granted during employment.

(2) Procedure

An employee should make their request for parental leave as soon as practicable to enable the university to make arrangements to cover their duties. In any event, it is the employees responsibility to make the request at least four weeks before the first day of the parental leave. Parental leave may be denied, in sole discretion of the chief human resources officer or designee, if the request is made after that deadline.

The employee should request leave in writing, using the parental leave form available on the office of human resources website, and submit it to the office of human resources after consultation with their supervisor.

(E) Early start to parental leave

Parental leave may begin before the qualifying event if it is deemed medically necessary by a certified physician or is required to fulfill the requirements of the adoption or foster care placement. The office of human resources will require an employee requesting an early start to parental leave to submit appropriate supporting documentation. The decision whether to allow parental leave to begin early will be made in the sole discretion of the chief human resources officer or designee. Early parental leave is subject to paragraph (D) of this policy.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Rule 3341-5-41 | 3341-5-41 Non-discrimination in employment and education.
 

(A) Policy statement and purpose

All members of the university have the right to work and learn in a professional atmosphere that promotes equal employment and educational opportunities.

Bowling Green state university is committed to maintaining an employment and educational environment that is free from unlawful discrimination, harassment, and retaliation. The university prohibits discrimination and harassment on the basis of protected class: age (forty years of age or older), ancestry, color, disability, ethnicity, familial status, gender, gender identity and expression, genetic information, HIV/AIDS status, marital status, military status, national origin, political affiliation, pregnancy, race, religion, sex, sexual orientation, protected veteran status, or any other legally protected characteristic (including status as a parent during pregnancy and immediately after the birth of a child, status as a parent of a young child, and status as a foster parent as those terms are defined in Ohio law).

This policy and federal and state law prohibit retaliation against any person for asserting their legal rights to be free from discrimination or harassment, for reporting discrimination or harassment, or for participating in activities protected under this policy.

This policy is intended to prohibit discrimination, harassment, and retaliation in employment and educational opportunities in accordance with applicable laws. Those laws include, but are not limited to, the Americans with Disabilities Act of 1990 (as amended by the ADA Amendments Act of 2008); the Age Discrimination Act of 1975; the Age Discrimination in Employment Act of 1967; the Genetic Information Nondiscrimination Act of 2008; the Pregnancy Discrimination Act of 1978; Section 504 of the Rehabilitation Act of 1973; Titles VI and VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; the Vietnam Era Veterans Readjustment Assistance Act of 1974; Chapter 4112. of the Revised Code; and any applicable executive order.

BGSU encourages anyone who believes that they have been subjected to conduct that is in violation of BGSU policies and procedures to report their concerns so that the university has an opportunity to address prohibited conduct.

Please see paragraph (D) of this rule for reporting guidance.

(B) Policy scope and responsible administrators

(1) Scope of this policy; related policies

This policy applies to the conduct of faculty, staff, students, student organizations, and volunteers in connection with the employment, educational, and recreational activities of the university. This policy also applies to third-parties such as visitors, as well as contractors and vendors in the performance of their contracts with the university.

Sexual harassment is covered by rule 3341-5-38 of the Administrative Code which is available at: https://www.bgsu.edu/content/dam/BGSU/general-counsel/documents/Sexual-Harassment.pdf.

Title IX sexual harassment and misconduct is covered by rule 3341-2-41 of the Administrative Code which is available at: https://www.bgsu.edu/general-counsel/university-policies/title-ix-sexual-harassment-policy-and-procedures.html.

(2) Responsibility for compliance

The university must comply with federal and state anti- discrimination and equal opportunity laws.

The division of diversity and belonging is charged with the primary responsibility of ensuring that the universitys equal employment practices and the conduct of any person within the scope of this rule comply with federal, state, and local laws and university policies and procedures. If conduct by any person within the scope of this rule is alleged to be in violation of this rule the division of diversity and belonging or designee will assess the complaint and determine the best course of action to address the concerns.

The office of the dean of students will investigate and resolve allegations of prohibited conduct by a student or recognized student organization, in accordance with applicable university policies and procedures, if the alleged violation is within the scope of the code of student conduct.

(C) Definitions

(1) Discrimination

Discrimination occurs when an adverse employment or education action is taken under university authority against a person and is based upon that persons protected class as listed in paragraph (A) of this rule.

(2) Harassment

For purposes of this rule, harassment is unwelcome verbal, non-verbal, or physical conduct directed toward a person that is based on the persons protected class. Harassment violates this rule when enduring it becomes a condition of continued employment or when it is sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies, or limits that persons ability to participate in or benefit from a university education or employment program or activity and creates an objectively hostile environment.

Harassment does not include constitutionally-protected activity or conduct that serves a legitimate purpose.

(3) Protected class

Protected class is defined by federal law/executive order, federal regulations, state law/executive order, and university policies, including the protected classes referenced in this rule.

(4) Complainant

An individual alleged to have experienced discrimination, harassment, or retaliation in violation of this rule. In certain situations, the university may assume the role of the complainant.

(5) Respondent

The individual alleged to have engaged in discrimination, harassment, or retaliation in violation of one or more university policies.

(6) Retaliation

This rule and federal and state law prohibit retaliation against any person for asserting their legal rights or their rights under this rule to be free from discrimination or harassment, for reporting discrimination or harassment, or for participating in an investigation of discrimination or harassment. Retaliation also includes any adverse action taken against a person for requesting an accommodation or for their role in reporting discrimination or harassment, assisting a complainant, serving as a witness, or otherwise participating in an investigation. No agent of the university may harass, coerce, intimidate, or discriminate against an individual for filing a complaint or participating in the complaint resolution process. Any person within the scope of this rule who engages in retaliation is subject to a separate charge of retaliation under this rule.

(D) Reporting alleged violations

(1) Timeliness of report

Complaints are expected to be reported timely to assure proper handling of the complaint. It is recommended that complaints are filed within one hundred eighty calendar days of the last act of discrimination, harassment, or retaliation.

Complaints filed after one hundred eighty calendar days will require an additional explanation setting forth the reason the complaint was not filed earlier.

(2) How to report

A complaint can be made by completing a complaint form available on the universitys website at:

https://www.bgsu.edu/equity-diversity-and-inclusion/e-o-compliance/report-an-incident.html.

A completed form may also be hand delivered, faxed, emailed, or mailed to the division of diversity and belonging.

Anonymous reporting can also be made by calling ethicspoint at 1-866-879-0426 or by making a report at:

https://secure.ethicspoint.com/domain/media/en/gui/29886/index.html.

(E) Policy

(1) Overview of the procedures used

The university reporting procedure is a mechanism by which the university may identify, respond to, prevent, resolve, or eliminate incidents of discrimination and harassment.

Upon receiving a complaint, the division of diversity and belonging will initially assess whether the facts alleged in the complaint, if taken as true, indicate a potential violation of this rule. If not, the university will dismiss the complaint and give the complainant written notice explaining the reasons for the dismissal and allowing the complainant ten calendar days to refile a complaint alleging additional facts. If the facts alleged in the refiled complaint still do not indicate a potential violation of this rule, the dismissal will be final.

Upon completion of the assessment of the complaint, if determined that facts alleged in the complaint, if taken as true, indicate a potential violation of this rule, the equity and compliance officer, in consultation with other appropriate departments and/or university leaders as needed, will determine the next course of action. These actions include informal and formal resolution processes.

The investigation of a factually sufficient complaint will be initiated as soon as practicable. The university will endeavor to complete the investigation within sixty calendar days after the complaint was received by the division of diversity and belonging or designee. This timeframe may be extended if circumstances warrant, such as university breaks and leaves of absences or if the complaint was referred for informal resolution.

Information obtained during the investigation will remain as private as practicable. Complete confidentiality is not guaranteed as this information will be used to conduct the investigation, determine responsibility, take any remedial action if warranted, and comply with university policies and applicable laws.

The investigation process is not a disciplinary procedure. The investigation is a neutral fact-finding process that serves to gather information and analyze facts compared to university policies and procedures and applicable local, state, and federal laws. However, the statements and information obtained during the investigation may be relied upon in a subsequent disciplinary procedure. University investigators do not make final decisions regarding the investigation, findings of responsibility, or remedial action.

The complainant and respondent may have one individual of their choice to serve as their advisor during this process. The advisor must maintain confidentiality and 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.

The division of diversity and belonging or designee will conduct a thorough review of the allegations in a fair and impartial manner with due respect to all parties involved.

(2) Informal resolution process

The division of diversity and belonging will determine if an informal resolution may be an appropriate measure to address the concerns presented in the complaint.

Please note: matters that involve a criminal offense and/or those cases involving sexual violence are not eligible for the informal resolution process.

Informal resolution methods include, but are not limited to:

(a) Informal inquiry a meeting with the complainant, respondent, and department leadership to discuss the concerns.

(b) Facilitated conversation a structured conversation designed to help the parties find acceptable resolutions regarding communication or work issues.

(c) Referral the utilization of third-parties, such as the employee assistance program or community resource, to provide support, information, or advice regarding the current situation.

(d) Mediation a structured interactive process in which a facilitator assists the complainant and respondent to identify and address concerns and negotiate an agreement to resolve the dispute.

(3) Investigation process

If an attempt to resolve an issue utilizing the informal resolution process is not successful or not an option, the equity and compliance officer or designee will initiate the investigation process.

For each unresolved complaint the equity and compliance officer or designee will conduct a formal fact-finding investigation in collaboration with other departments as appropriate.

Interim measures to promote the safety or well-being of those involved or the university community may be appropriate.

The university uses the preponderance of evidence or the "more likely than not" evidentiary standard to determine culpability and responsibility when resolving complaints under this rule.

The steps of the formal investigation process include the following:

(a) Interviews will be scheduled with the complainant, witnesses, and other individuals as deemed appropriate.

(b) Written notice will be sent to the respondent to schedule a meeting to discuss the allegations. The notice to the respondent will include a general description of the alleged violation that makes a good faith effort to balance the investigatory interests of the university with the respondents interest in understanding the nature of the allegations, with the investigator retaining sole discretion in making this determination.

(c) The complainant and the respondent can provide a written statement related to the complaint, the names of witnesses, and any documents or other information they deem relevant.

(d) The complainant and the respondent will be given the opportunity to explain and/or respond to the evidence obtained during the investigation.

(e) Other investigatory actions may be warranted and will be determined on a case-by-case basis by the university.

(f) If the complainant or respondent chooses not to cooperate or respond to requests for information in a timely manner, the investigation will proceed without that partys information.

(g) Any person who deliberately provides information that the person knows to be false during an investigation may be subject to disciplinary action.

(4) Preliminary report

After interviewing the complainant and the respondent, giving each of them the opportunity to review and comment on their statement and to identify witnesses and provide information, completing witness interviews, and gathering relevant information, the investigator will prepare a preliminary report.

The preliminary report will generally include the complainants statement, the respondents statement, and a statement from each witness, along with a copy of other relevant information obtained during the investigation and/or written summary of it. The preliminary report will not contain any findings.

The investigator will provide the preliminary report to the complainant and respondent, and their advisors (if applicable) for review and comment. In addition, the investigator will provide the parties and their advisors any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint, including the evidence upon which the university does not intend to rely in reaching a determination regarding responsibility and inculpatory or exculpatory evidence whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to the final investigation report.

The preliminary report and evidence will be provided electronically or in a hard copy. Each party will have ten calendar days from the date the preliminary report is shared to submit a written response, which the investigator will consider before completing the final investigation report.

If a party identifies new relevant information, the investigator will address any relevant issues identified and pursue additional investigative steps as needed. The investigator will include those matters in a revised preliminary report and give the parties two business days to review and comment on it before writing the final report.

(5) Final report

Upon conclusion of the investigation, the chief diversity and belonging officer or designee will report the findings to the appropriate decisional authority for any necessary further proceedings and final determination. The decisional authority will notify the complainant and the respondent that the final report has been submitted and will communicate the determination as to whether a policy violation has occurred. Each party may receive a copy of the report from the decisional authority upon request. If the university determines a violation of this policy occurred, corrective action commensurate with the severity of the offense will be administered. The absence of a finding of a policy violation does not preclude the decisional authority from making recommendations to enhance awareness of equity and diversity values and to continue to maintain an employment and educational environment that is free from unlawful discrimination, harassment, and retaliation.

(F) Recordkeeping

The university will maintain the written record of the investigation and all other appropriate documents in accordance with the records retention schedule. When a civil complaint is filed outside the university, information gathered during the internal investigation may be disclosed to the investigating agency. If a criminal matter related to the investigation occurs, the university will only provide information consistent with employees garrity rights.

If the decisional authority issues corrective action, a letter documenting the action will be included in the investigation file and the respondents personnel file.

(G) Policy exceptions

Nothing in this rule detracts from any legal right of a parent or guardian to act on behalf of a student, subject to Family Educational Rights Protection Act (FERPA), including, but not limited to filing a formal complaint.

Pursuant to 10 U.S.C. 983, this rule does not apply to prohibit or effectively prevent either of the following:

(1) The establishment, maintenance, or operation of a unit of the senior reserve officer training corps at the university; or

(2) A student at the university from enrolling in a unit of the senior reserve officer training corps at another institution of higher education.

This rule has been assessed for adverse differential impact on members of one or more protected groups.

Last updated May 7, 2021 at 8:37 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 2/21/2020
Rule 3341-5-42 | Telecommuting.
 

(A) Policy statement and purpose

Bowling Green state university wishes to maintain an efficient and effective work environment that provides flexibility and meets the needs of attracting and retaining a diverse and talented workforce. When appropriate, telecommuting can further those goals. The purpose of this policy is to identify positions that are appropriate for telecommuting and establish procedures for evaluation of telecommuting requests and proposals. Faculty - see paragraph G of this policy. To the extent specified, this policy also applies to telecommuting that is required by the university.

(B) Policy scope

Employee-requested telecommuting may apply to any university employment position unless the office of human resources, in consultation with the employing department or unit, has identified the position as not eligible for telecommuting.

University-required telecommuting may apply to any university employment position.

(C) Definitions and expectations

"Telecommuting" refers to an arrangement where an employee works from home, or from another location away from campus, as the employees assigned workplace location. Depending on the details of the arrangement, telecommuting constitutes a temporary or permanent reassignment for either a portion of the employees work time or all of it. An employees job classification, compensation, and benefits will not change if the employee is approved for telecommuting. Any associated costs due to telecommuting are the responsibility of the employee unless documented in writing with their department or unit (e.g., reimbursement for printer ink, office supplies, etc.); also see paragraph (F) of this policy.

The job duties and responsibilities of a telecommuting employee remain the same as if the employee were working at a BGSU campus work location. The employee will be required to adhere to the BGSU-specified performance standards for their position and will continue to comply with federal, state, and local laws, regulations, and BGSU policies and procedures while telecommuting.

Work hours and leave benefits do not change as a result of telecommuting. Requests to use leave must be approved by BGSU in the same manner as when working at a BGSU campus work location. Unless otherwise specified in writing by the employees supervisor, and except as noted in paragraph (G)(1) of this policy, telecommuting work hours are eight a.m. to five p.m. EST Monday through Friday, except for BGSU-observed holidays and hours of approved leave.

A telecommuting employee may be requested to attend meetings, project reviews, or other business purposes. If necessary, BGSU will seek to designate certain times or events when the employee is expected to be on campus and give adequate notice if those expectations change. Nonetheless, the employees supervisor may require the employee to report to their BGSU campus work location during normal business hours with reasonable notice.

A telecommuting employee accepts responsibility for maintaining the security, condition, and confidentiality, if required, of all work-related data, documents, and other materials kept at their off-campus workplace or stored on electronic equipment. Work-related data, documents, or other materials should not be stored on personal electronic equipment. Please note: any documents or items, including electronic records, created or received by university employees - which serve to document the organization, functions, policies, decisions, procedures, operations, or other activities of the university - are subject to disclosure under Ohio public records law.

At the end of the telecommuting arrangement, or if the employee ceases employment with BGSU, the employee must return all BGSU equipment, supplies, and work-related data, documents, and other materials that are property of BGSU to BGSU within three working days unless otherwise specified in writing by BGSU and excepting those faculty materials that are traditionally retained by the faculty member and/or are not the property of BGSU.

(D) Confidential information

While telecommuting, an employee may receive work-related data, documents, or other materials protected by the Family Educational Rights and Privacy Act (FERPA), the Gramm-Leach-Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), or other state or federal privacy laws or regulations. Those items will be considered "confidential information" for purposes of this policy.

(1) The employee will hold all confidential information in strict confidence. The employee will not use or disclose confidential information except as required to perform their job duties.

(2) The employee will protect all confidential information according to commercially reasonable standards and use appropriate administrative, technical, and physical security measures to preserve the confidentiality, integrity and availability of all confidential information. Specific standards and appropriate programs/safeguards will be provided by BGSU.

(3) In the event of an actual or suspected breach of security, the employee will promptly notify their supervisor and information technology services.

(E) Policy for classified and administrative staff positions

(1) Identifying a position as appropriate for telecommuting

Supervisors, in consultation with the office of human resources, will analyze the nature of a position and how work is performed and determine which positions are appropriate to designate or approve for telecommuting. Many factors should be considered in determining the feasibility of telecommuting, including the congruence of telecommuting with the universitys mission and goals, the ability to supervise the employee adequately, and whether any duties require use of certain equipment or tools that cannot be accommodated at a location other than BGSU. Other important considerations include:

(a) The extent to which job duties involve face-to-face interaction and coordination of work with other employees and students;

(b) The need for and frequency of in-person interactions with outside colleagues, clients and customers;

(c) What access to on-campus resources will be needed to effectively perform the work;

(d) Whether service quality or university operations or workload of others will be impacted;

(e) Whether the position can be performed independently based on the level of support and face-to-face interaction needed; and

(f) Whether performance can be assessed accurately (e.g., using established evaluation tools for the employee's job classification) and working hours appropriately documented.

(2) Identifying an employee as eligible for telecommuting

In addition to assessing the positions appropriateness for telecommuting, the employee also must be eligible, as determined by their supervisor or division head (or designee) in consultation with the office of human resources. In considering whether to approve an employee for telecommuting, the university will consider:

(a) Length of time in position;

(b) Disciplinary actions on file;

(c) Demonstrated ability to work productively (as shown by consistent and satisfactory performance of essential functions);

(d) Evaluations in the previous evaluation cycle;

(e) The circumstances or rationale provided for consideration of telecommuting.

(3) Telecommuting request and approval

As outlined in this policy, not all employees and not all jobs are suited for telecommuting. An employee interested in telecommuting may present a written request to their supervisor, identifying the justification for and the duration of telecommuting. Alternatively, the supervisor or another manager may initiate a telecommuting request.

Each telecommuting request will be reviewed by the supervisor or division head with the office of human resources to determine if the telecommuting request (as originally made or as modified during the review process) is consistent with this policy.

The approval or disapproval of a telecommuting request will be documented in writing (email is permissible) by the employees supervisor or division head and the office of human resources.

A telecommuting arrangement typically will be for one year or less and will expire at the end of that term. Renewal is possible but not guaranteed; employee performance, business operations, rotation of telecommuting opportunities, and other circumstances will be considered in determining whether to renew the agreement. The renewal or non-renewal of a telecommuting arrangement will be documented in writing (email is permissible) by the employees supervisor or division head and the office of human resources.

(4) Modification or early termination of telecommuting

A supervisor or division head, in consultation with the office of human resources, may modify or terminate a telecommuting arrangement for performance concerns, changes in operational needs, or other non-discriminatory reasons. To the extent practicable, notice will be provided two weeks before the modification or termination.

Except when telecommuting is required by the university, an employee may request to terminate the telecommuting arrangement and return to on-campus work at any time.

(F) Technology requirements

(1) University laptops

The university will make sure that each employee who enters into an approved telecommuting arrangement has a university-issued laptop as their primary device. Information technology services (ITS) will provide remote support only. If an issue arises where a technician physically needs to work on the device, the employee is responsible for bringing the device back to their campus for ITS service.

(a) If the employee currently has a university-issued laptop as their primary device, then the employee will be required to use that device at both BGSU and their alternate location; an additional laptop device will not be provided for an employee to leave at their alternate location or in their office.

(b) Unless alternate arrangements are approved in writing by ITS and the employees department, if the employee currently has a university-issued desktop as their primary device, the employee will be required to switch to an equivalent model year laptop as their primary device and return the desktop to ITS at no cost to the employees department. If ITS must provide a new laptop, the employees department is responsible for the cost of the upgrade, unless it occurs as part of a planned employee device upgrade program.

(c) The university will provide a VPN connection for the employee to use on their university-issued laptop when working remotely to ensure data privacy and security.

(2) Worksite requirements

An employee who has requested to telecommute is ultimately responsible for ensuring that they can perform their job responsibilities while working remotely. In order to enter into a telecommuting arrangement, an employee who has requested to telecommute must ensure the off-campus worksite meets the following requirements:

(a) The worksite must have adequate broadband internet access to allow remote work. The employee is responsible, at their own cost, for the purchase, setup and installation, support, and maintenance of internet service at their off-campus location. Employees who work seventy-five per cent time or more away from campus should have at least fifty Mbps connection from their ISP for software updates and automated backups. Service will degrade below this level.

(b) While working remotely, the employee is responsible for making the changes needed to receive phone calls made to their university extension. Any associated costs are the responsibility of the employee or their department or unit.

(c) The employee or their department or unit is responsible for the purchase, installation, support, and maintenance of any additional accessories needed to telecommute (monitor, printer, keyboard, mouse, etc.)

(d) The employee is responsible for ensuring that they have a safe, secure, and functional remote work environment.

(e) Due to the dynamic nature of information technology, additional requirements may arise. Please visit the ITS website to review current considerations for telecommuting.

If telecommuting is required by the university, the foregoing requirements and responsibilities may be revisited to ascertain how university can best facilitate remote functionality.

(G) Exceptions

(1) Faculty telecommuting

Except for faculty whose appointment requires on-location work for specified hours, it is an accepted practice for faculty, to carry out their work with varied schedules on campus and elsewhere. Thus, paragraph (E) of this policy will not apply to faculty. For the avoidance of doubt, teaching courses assigned for delivery in an online or remote mode, or taking approved faculty improvement leave, will not necessitate a formal request to telecommute. If an alternative work location is a negotiated term of faculty employment, this will be documented in the appointment letter.

(2) University-required telecommuting

A department may determine that employees need to work off campus for a short period of time to accommodate unusual circumstances, such as a brief office closing for renovations or relocation.

In addition, the university may establish telecommuting as a condition of offered employment or mandate telecommuting due to public health emergencies or other circumstances as determined by the president or designee.

In such cases, paragraph (E) of this policy will not apply.

(3) Telecommuting for health-related reasons

An employee with a documented disability may request telecommuting as a reasonable accommodation to enable an employee to perform their essential job functions. Those requests will be handled by accessibility services in accordance with its usual procedures.

In such cases, paragraph (E) of this policy will not apply.

Supplemental Information

Authorized By: 3345
Amplifies: 3345
Prior Effective Dates: 7/29/2020
Rule 3341-5-43 | Reduction in Workforce for Classified Employees.
 

(A) Policy statement and purpose

The university seeks to provide stable employment; however, conditions may arise when a reduction in workforce may occur. This policy is meant to assure that a reduction in workforce is administered without prejudice, equitable to employees, and minimizes disruption to employees and the university business operations.

(B) Policy scope

This policy applies to classified staff employees of Bowling Green state university.

(C) Policy definitions

For purposes of this policy, each of the following functional areas of the Bowling Green campus is a "work unit": academic and student affairs; advancement; athletics; enrollment services; finance and administration; and other areas that report to the president. The Firelands campus is a single "work unit."

(D) Reasons for a reduction in workforce

In most instances, a reduction in workforce will occur by general layoff or layoff due to abolishment of positions. A general layoff by classification may occur due to lack of work or lack of funds. A layoff due to the permanent abolishment of one or more specific positions may occur due to reorganization for efficient operations, reasons of economy, lack of work, or more than one of these reasons.

The reduction of an appointment from 1.0 FTE (or forty hours per week) to 0.80 FTE (or thirty-two hours per week) or greater must be approved by the chief human resources officer and is not considered a layoff or abolishment.

Unsatisfactory performance is not a reason for a reduction in workforce. Performance problems should be addressed through performance management and corrective action.

(E) Policy

(1) Request and approval process

If a senior administrator in charge of a work unit determines that a reduction in workforce is necessary, they shall complete and submit a statement of rationale to the chief human resources officer at least forty-five days before the proposed date for implementing the reduction. The statement must explicitly describe the reasons for the proposed action.

The chief human resources officer will review the statement and may discuss it with the senior administrator and/or request additional information. No reduction in workforce may be implemented without the prior written approval of the chief human resources officer.

(2) Layoff notice

The chief human resources officer shall notify each employee to be laid off, in writing, at least fourteen calendar days (if hand delivered) or at least seventeen calendar days (if by certified mail) before the effective date of the layoff.

This notice requirement applies to general layoffs by classification, layoffs due to abolishment of position, and layoffs due to displacement.

(3) Displacement

Classified employees (excluding those holding temporary or intermittent positions) may have displacement rights, commonly known as "bumping," under specific circumstances.

Displacement generally means that a qualified classified employee whose position is abolished may fill a vacancy within their same classification or displace the employee with the fewest retention points in the same classification and work unit of the position being abolished.

Because displacement is extremely disruptive, employees whose positions are abolished are strongly encouraged to begin an internal job search as soon as they receive official notification of the abolishment.

Within thirty days of the date of the official notification of abolishment, the affected employee will either be assigned to a vacancy, exercise displacement rights, or be laid off in accordance with this policy.

(a) If a vacancy for which the employee is eligible exists within the same classification on the same campus, then placement will occur within thirty days of the date of the official notification of the abolishment. To be eligible, the employee must be able to perform the required duties of the job into which they would be placed. If they cannot perform the required functions, as determined by the office of human resources, they will not have displacement rights and will be laid off.

(b) If no vacancy exists within the classification, then displacement to a position within the same classification and work unit, if available, will occur no later than thirty days from the date of the official notification of the abolishment. The affected employee must be able to perform the required duties of the job into which they would be placed. If they cannot perform the required functions of the position, as determined by the office of human resources, they will not have displacement rights and will be laid off.

(c) If no vacancy or position exists within the same classification and work unit for which the employee has displacement rights, the employee will be laid off.

(d) An employee who is placed into a vacancy will be required to serve a one hundred twenty-day probationary period. Should the employee fail to successfully complete the probationary period, they will be provided with a fourteen calendar day notice and then laid off. Any employee failing a probationary period will not be placed on the recall list.

(e) Displaced employees shall be paid according to the end of probation rate assigned to the job into which they will move.

(f) A full-time employee may displace a part-time employee if such a position exists within the same classification and work unit and there is no full-time position available. A part-time employee may not displace a full- time employee.

(g) Separation of employment will occur within two weeks of the date of official notification, if an employee who is able to perform the required duties of the job declines placement into a vacancy; or declines to displace into a position of the same classification and status. Both displacement and reinstatement rights will cease immediately.

(F) Retention points

(1) Calculation

The calculation of retention points is based on continuous service. Each newly hired full-time and part-time classified employee will receive one hundred points as the base retention points.

Thereafter, each full-time classified employee will earn one retention point for each bi-weekly pay period of continuous service. A full-time classified employee may be full-time permanent, full-time seasonal, full- time interim, or full-time temporary employee. For those classified employees who are full-time seasonal, interim, or temporary, a retention point will be given only for those pay periods in which the employee was scheduled to work. An employee in a full-time position at any time during a pay period will be considered full-time for the entire pay period.

Retention points for continuous service other than full-time service will be calculated based on one-half of a point for each bi-weekly pay period of continuous service.

(2) Application

Retention points generally determines the order of layoff by classification; the identification of employees subject to displacement, and the order of reinstatement.

In the event two or more employees have identical retention points as calculated by this rule, the tie shall be broken by utilizing the following methods, in the following order. First, the employee having the most recent date of continuous service from which no break in service has occurred shall be laid off or displaced first. Second, the appointing authority will determine the employee to be laid off or displaced first.

(G) Reinstatement

Employees who are laid off have reinstatement rights for a period of one calendar year from the date the employee was first laid off or displaced from their classification. Recall lists will be maintained by the office of human resources specific to campus, classification, employment status (part-time or full-time), and retention points. When a vacancy arises, it will be offered to individuals on the recall list in the order of those with the most retention points to the least retention points. Full-time employees who displace into a part time position will be placed on the appropriate recall list.

Reinstatement is contingent upon the employee being able to perform the required functions of the position.

(H) Exceptions to displacement and reinstatement rights

If an employee chooses to take severance, displacement and reinstatement rights cease. If an employee declines placement into a vacancy or declines to displace into a position to which they are entitled, displacement and reinstatement rights cease.

An employee who did not receive a satisfactory or higher performance rating on the most recent performance review or who has received a suspension within the past twelve months will not have displacement or reinstatement rights

(I) Effect on benefit programs

(1) Vacation time

Employees who have completed at least two thousand eighty-one hours of service to the university are eligible to receive payment for accrued and unused vacation time, up to the maximum number of hours at the time of layoff/termination, or they may transfer the funds into a 403(b) or Ohio deferred compensation account.

(2) Sick leave

There is no payment for sick leave at the time of layoff or termination. Sick leave balances are kept for ten years and may be transferred to any state of Ohio institution within that timeframe.

(3) Personal leave

Personal leave time is not paid out. If the employee is not recalled within the calendar year in which the layoff occurred, the balance is eliminated.

(4) Insurance

Insurance benefits will be continued until the end of month in which the layoff or termination date occurs. COBRA benefits will be made available after the layoff termination date.

(5) Retirement contributions

Contributions to retirement plans are discontinued at the time of layoff/termination. Employees are advised to consult their retirement plans for specific information.

(6) Unemployment compensation

Employees who are laid off or terminated as a result of a reduction in workforce may be eligible for unemployment compensation. Guidelines are governed and administered by the Ohio department of job and family services.

(J) Appeal

An employee may appeal a layoff or displacement that is a result of a layoff to the state personnel board of review within ten calendar days after receipt of the layoff notice or within ten calendar days after the date the employee is displaced.

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

Last updated September 16, 2021 at 8:19 AM

Supplemental Information

Authorized By: 3345
Amplifies: 3345