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

Chapter 3344-11 | Appointment of Leadership

 
 
 
Rule
Rule 3344-11-01 | Faculty personnel policies.
 

(A) (Approved November 13, 1974; effective February 1, 1975; amended May 24, 1988, September 26, 1997, December 6, 2000, February 21, 2001, October 24, 2001, February 27, 2002, June 25, 2003, April 28, 2004, May 26, 2004, May 20, 2005, September 20, 2007, April 11, 2008, September 12, 2008, October 23, 2008, June 22, 2009, February 16, 2010, June 28, 2011, April 11, 2012, and May 20, 2013).

(B) The following personnel policies and bylaws apply to members of the bargaining unit only insofar as they deal with areas not covered by the Cleveland state university-American association of university professors ("CSU-AAUP") bargaining agreement currently in effect. In any case in which there is a conflict between these policies and the collective bargaining agreement, the collective bargaining agreement shall supersede.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Rule 3344-11-02 | Definitions.
 

The following are definitions of key words and phrases used in rules 3344-11-01 to 3344-13-04 of Administrative Code:

(A) "Faculty"

All persons who have been granted full-time appointments by the board of trustees to the rank of professor, clinical professor, associate professor, clinical associate professor, assistant professor, clinical assistant professor, instructor, assistant college lecturer, associate college lecturer, senior college lecturer, research assistant professor, research associate professor, research professor, college of law clinical professor, college of law legal writing professor, professor of practice, associate professor of practice and assistant professor of practice. Faculty are members of a college as defined in paragraph (A) of rule 3344-13-01 of the Administrative Code. For definitional purposes within these rules, a freestanding school is the equivalent of a college, unless otherwise specified.

(B) "Contract"

The instrument issued annually by the university that specifies rank, tenure status, salary, schedule of salary payment, and any special terms of employment of a faculty member, such as a specific percentage of time assigned to administrative responsibilities. (This is not to be confused with the CSU-AAUP collective bargaining agreement, often colloquially referred to as "The Contract.")

(C) "Appointment"

The original admission to faculty rank and status at Cleveland state university granted by appropriate action of the board of trustees and the entering into a contract. An appointment continues throughout a faculty member's continuous service in the university. Neither promotion in rank nor the issuance of subsequent annual contracts constitutes appointment or "reappointment."

(D) "Tenure"

The status in the university established by formal action by the board of trustees granting the prerogative of a faculty member to employment on a continuing basis subject to dismissal only for the particular causes and after due process specified in this document.

(E) "Probationary period"

The maximum cumulative full-time service that a person eligible for tenure can be required to serve before the time the board of trustees must decide to confer tenure or to terminate the faculty member's appointment, (see paragraph (D)(1) of rule 3344-11-03 of the Administrative Code.)

(F) "Length of faculty service"

Those years of full-time academic service computed for purposes of tenure and promotion representing the sum of:

(1) The number of complete academic years (August through May) of full-time academic service, and;

(2) The whole number (e.g. 0, 1, 2...) obtained by adding together all fractions of academic years served and rounding to the nearest whole number. If the fraction is one-half, the fractions shall be rounded to the nearest lower whole number. Summer teaching shall not be counted in computing years of service, unless the provost and senior vice president for academic affairs (subsequently referred to as the provost) has agreed in writing to substitute a summer semester for an academic year semester of teaching. Leave of absences, paid or unpaid, shall count as years of service if the primary purpose of the leave of absence was scholarly activity other than the completion of the requirements for an degree, unless prior to any such leave of absence, there was a mutual agreement in writing by the faculty member, the faculty member's dean, and the provost excepting the leave from years of service.

(3) Years of service for purpose of promotion and tenure shall not include any year in which less than fifty per cent of assigned duties, as stipulated by contract, entailed departmental research and instruction.

(G) "Primary responsibility" (in personnel actions)

The contract designation at the time of a faculty member's original admission to faculty rank and status at CSU of the department, school, college, or academic unit as appropriate, which has primary responsibility for the making of recommendations for promotion, granting of tenure, and termination. Such primary responsibility can subsequently be transferred to another department, school, college, or academic unit with written consent of all parties concerned.

(H) "Personnel action"

Any decision or recommendation made by a person or persons with authority or responsibility in procedures relating to faculty appointment, termination or continuance of appointment, promotion, and the granting of tenure.

(I) "Peer review committees"

The mechanism through which faculty participate in personnel actions.

(1) Committees shall be formed from departmental faculty, the faculty of two or more cognate departments, or the faculty of a college, depending on the size, maturity, and strength of the academic unit involved in a given personnel action. The faculty body from which a committee is formed shall, hereinafter, be referred to as a grouping.

(2) Rules for the composition of committees.

Departments or schools shall come to an agreement with their dean as to which of three groupings in paragraph (I)(1) of this rule is appropriate for their situation in each type of personnel action. When agreement between the department and the dean is not possible, the decision shall be referred to the college faculty affairs committee.

(a) The various types of personnel actions may be performed by one or several committees as the grouping shall determine.

(b) The faculty of each grouping shall determine the means by which the members of the peer review committees shall be chosen. The selection process shall be subject to annual review in April.

(c) Committees shall consist of at least five members, have a majority of tenured members, and include only faculty at the rank of assistant professor or above. Department chairpersons shall not serve on these committees.

(d) Each committee shall select a chairperson who will receive and disseminate all information pertinent to committee actions.

(e) The names of members of the various peer review committees and their chairpersons shall be reported to the dean of the relevant college and shall be generally available to faculty and administration.

(J) "University personnel committee"

A committee of eight tenured faculty members shall assist the provost (through recommendations) on all personnel action recommendations that are in disagreement. The provost shall also have the discretion to refer any other personnel action to the university personnel committee. This committee shall also represent the faculty in certain matters related to the evaluations of chairpersons and deans. The functions of the committee are prescribed in these policies (see paragraphs (B), (D), (E), and (F) of rule 3344-11-03, paragraph (D) of rule 3344-11-06, and paragraphs (A) and (B) of rule 3344-11-07 of the Administrative Code. The bylaws of the faculty senate shall prescribe the procedures for its selection.

(K) "Dismissal"

The action that results in the ending of a tenured appointment or of a probationary appointment before the conclusion of any contracted term of service.

(L) "Termination"

The action that results in the non-reappointment of a faculty member serving under a non-tenured or probationary appointment at the conclusion of any contracted term of service.

(M) "Visiting professorship"

An appointment on a full-time, but temporary, basis in any faculty rank specified upon a contract of one year's duration, renewable for one additional year for a total of two years, whether consecutive or not. Persons holding such appointments shall not be eligible for tenured status or promotion, nor shall they be entitled to receive successive annual contracts nor any notice that their appointment will not be continued. Persons holding such appointments may seek faculty status through appointment to the professorial ranks set forth in this rule and according to the procedure set forth in paragraph (B) of rule 3344-11-03 of the Administrative Code, if they satisfy the criteria of such appointment as set forth in paragraph (A) of rule 3444-11-03 of the Administrative Code, hereof.

(N) "Emeritus/Emerita professorship"

The honored status awarded to a retiring faculty member upon recommendation of the faculty of the academic unit (department, college, or other unit as appropriate) and approval by the president and the board of trustees. To be eligible for emeritus status, a faculty member shall have attained the rank of associate professor or professor, associate college lecturer or senior college lecturer, associate professor of practice or professor of practice, clinical associate professor or clinical professor, college of law clinical professor or college of law legal writing professor at Cleveland state university and have served Cleveland state university full-time for at least ten years. Upon such appointment, the retiring associate professor or professor shall be designated associate professor emeritus/emerita or professor emeritus/emerita. A retiring associate college lecturer or senior college lecturer shall be designated associate college lecturer emeritus/emerita or senior college lecturer emeritus/emerita. A retiring, associate professor of practice or professor of practice shall be designated associate professor of practice emeritus/emerita or professor of practice emeritus/emerita. A retiring clinical associate professor or clinical professor shall be designated clinical associate professor emeritus/emerita or clinical professor emeritus/emerita. A retiring college of law clinical professor or college of law legal writing professor shall be designated college of law clinical professor emeritus/emerita or college of law legal writing professor emeritus/emerita. The faculty shall be entitled to reasonable email, office, library, mail, clerical, and laboratory facilities and services and bookstore discount privileges, to the extent that the president shall determine that the university resources reasonably allow; the faculty member's name shall be listed in the university bulletins and directory, and the faculty member shall receive any other benefits and privileges that shall be specified by the president.

(O) "Adjunct professorship"

The appointment on a part-time, semester by semester basis in any faculty rank of a person who brings special skills, training, experience, or expertise to some aspect of the academic program of the university. Service to the university shall not be the faculty members principal vocation.

(P) "Equal opportunity hearing panel"

A panel of twenty-one members of the faculty, including deans, associate deans, assistant deans, and chairpersons, that shall determine complaints of discrimination on the basis of race, religion, color, national or ethnic origin, sex, age, handicap or disability, sexual orientation, or special disabled or Vietnam-era veteran status by members of the faculty. The functions and the manner of selecting the panel are prescribed in these policies (see rule 3344-11-17 of the Administrative Code) and in the bylaws of the faculty senate (see paragraph (K)(6) of rule 3344-13-02 of the Administrative Code.)

(Q) "Department chairperson/director of school"

The department chairperson is the chief administrative officer of an academic department. All references to department chairpersons that appear in these personnel policies shall be understood to apply also to directors of schools.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 7/15/1990
Rule 3344-11-03 | Standards and procedure for faculty appointments, continuation, promotion and tenure (non-bargaining unit members only).
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 7/15/2009
Rule 3344-11-04 | Conflict of interest.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 4/20/2014
Rule 3344-11-05 | Academic freedom.
 

Cleveland state university subscribes to the 1940 "Statement of Principles on Academic Freedom and Tenure" of the American association of university professors and the association of American colleges as stated in rule 3344-11-13 of the Administrative Code.

(A) The right to demonstrate and protest on university property.

It is recognized that free speech is essential in a democratic society. As individuals or as groups, the faculty are permitted to demonstrate and protest on university property in opposition to university, city, state, national, or international policy provided they do not violate any applicable local, state or federal law, or, in the case of members of the bargaining unit, provisions of the agreement between CSU and the CSU-AAUP chapter, and no acts are performed that cause damage to property (personal or university); cause physical injury to any individual; prevent any student from attending class, entering or leaving any university facility, or attending any special program on university property; prevent administrative officers, faculty, students, employees, or invited guests of the university from performing duties they are authorized to perform; block the normal business of the university, particularly classroom or laboratory instruction; and block pedestrian or vehicular traffic.

(B) Faculty members are subject to the limitations imputed by law in the exercise of their rights of freedom of speech, protest, and demonstration in support of or opposition to public or university policy. Some of these limitations are set forth in rule 3344-11-16 of the Administrative Code, appended, hereto.

(C) Institutional due process (revised June 28, 2011).

As a principle, the university will operate in such a way that faculty enjoy freedom from arbitrary or discriminatory treatment. Each dean or faculty body, as appropriate, shall establish reasonable criteria and fair procedures pursuant to which decisions significantly affecting faculty, including the assignment of courses, the scheduling of classes, the participation in summer semester instructional programs, and the award of promotional and annual salary increments shall be made.

(D) Academic freedom encompasses the freedom of any faculty member and other members of the full time teaching staff to address any matter of institutional policy or action, whether or not that faculty member is or can be a member of any agency of institutional governance. All faculty and all such members of the teaching staff have the freedom to address both the Cleveland state university and broader communities with regard to any social, political, economic, or other interest. Exercise of these freedoms shall not be subject to institutional discipline or restraint, save for statements or actions that constitute disciplinary incompetence, "good cause" for dismissal, violations of professional ethics, and/or that are disruptive. Academic responsibility includes the good faith performance of professional duties and obligations, the recognition of the demands of the scholarly enterprise, and the candor to make it clear that, when one is speaking as a citizen on matters of public interest, one is not speaking for the institution. Nothing, herein, diminishes the university's existing powers of selecting, retaining and removing from an administrative position a faculty member who jointly holds that administrative position; in the case of joint faculty-administrative appointments, only the person's faculty status is protected by this rule.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 7/15/2009
Rule 3344-11-06 | Sanction and dismissal procedures (non-bargaining unit members only).
 

(A) Sanction procedures.

If the chief academic officer of the university believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficient to justify sanction short of dismissal, such as suspension of service for a stated period or a formal letter of reprimand in a permanent file, then the chief academic officer may initiate a procedure to impose such a sanction.

(1) Sanction of a faculty member for just cause shall occur only because of:

(a) Demonstrated incompetence or dishonesty in teaching or scholarship; or

(b) Manifest neglect of duty; or

(c) Personal conduct that substantially impairs the individual's fulfillment of their institutional responsibilities (see rule 3344-11-14 of the Administrative Code), including but not limited to drug or alcohol abuse; trafficking in illegal drugs; and sexual, ethnic, racial, or religious harassment.

(2) The procedure is to be initiated by the chief academic officer. The faculty member shall receive a written statement of cause and efforts shall be made toward informal resolution of the problem. Should informal efforts be unsuccessful, or should a sanction be sought, the university faculty affairs committee shall be consulted. The faculty member shall be provided an opportunity within ten days for an informal hearing before the university faculty affairs committee (see paragraph (G)(2)(g) of rule 3344-13-03 of the Administrative Code), following which the appropriateness of a sanction shall be determined by the chief academic officer with the advice and consent of the university faculty affairs committee.

(3) At any time prior to the final resolution of the matter, the chief academic officer may temporarily relieve an accused faculty member of all academic responsibilities if the chief academic officer deems this action to be necessary in an emergency to prevent immediate harm to the faculty member or others at the university. However, the chief academic officer shall communicate this decision in writing to the university faculty affairs committee as soon as possible. The accused faculty member shall suffer no loss of pay or benefits during such a period of temporary suspension.

(4) Sanctions involving suspensions, with or without pay, or a possible reduction of salary in succeeding academic contracts are subject to the same formal process as prescribed for cases of dismissal of a faculty member (see paragraph (C) of rule 3344-11-05 of the Administrative Code).

(B) Cause for dismissal based upon charges.

(1) The following charges preferred against a faculty member shall ground a proceeding for dismissal:

(a) Professional incompetency;

(b) Substantial, willful, and persistent neglect, without justification or excuse, of an essential institutional duty, validly prescribed by the university;

(c) Conviction of a crime involving moral turpitude;

(d) Fraudulent credentials;

(e) Violation of proscribed behavior under rule 3344-11-14 of the Administrative Code.

(2) In addition to the foregoing, the Revised Code lists offenses, which are grounds for automatic suspension and, upon conviction, automatic dismissal (see rule 3344-11-16 of the Administrative Code.)

(C) Dismissal procedures.

Dismissal proceedings shall be conducted consistently with the 1958 statement of the ("AAUP") American association of university professors and ("AAC") association of American colleges. The preliminary proceedings described in the 1958 statement shall be conducted by an informal hearing committee provided for in the university bylaws and the formal proceedings, if necessary, shall be conducted as follows:

(1) Dismissal procedures against a faculty member shall be initiated by personal service upon such faculty member, or by certified and regular mail, of a written statement of charges, framed with particularity, by the chief academic officer.

(2) The affected faculty member shall have the right to an informal meeting with the chief academic officer within ten days of service of the statement of charges to provide the faculty member the opportunity to present to the chief academic officer facts and circumstances pertaining to the charges against the faculty member.

(3) The chief academic officer shall have seven days within which to respond to such additional information and shall revoke, modify, or issue the dismissal as originally stated. The notice of dismissal shall be by personal service upon the faculty member, or by certified and regular mail. The president of the university senate shall be notified of the action being taken.

(4) The faculty member may request a formal hearing by notifying the chief academic officer within ten days of personal service, or thirteen days of mailing, of the notice of dismissal, or the right to a hearing is waived. If the faculty member does request a hearing, the faculty member may submit a formal response to the charges in writing within twenty days after the formal request for a hearing is made.

(5) Upon receipt of the request for a formal hearing, the chief academic officer shall initiate the formal hearing process. Such process shall be as follows:

(a) The chief academic officer shall advise the president of the faculty senate of the request for a formal hearing.

(b) The faculty senate academic steering committee, pursuant to senate by-laws and rules, shall designate a member of the faculty senate to participate as a member of a tripartite hearing panel.

(c) The chief academic officer shall also appoint an administrator with tenured faculty status to the hearing panel to represent the office of academic affairs (hereinafter, "administration").

(d) The panel members designated by the faculty senate and the chief academic officer shall jointly contact the federal mediation and conciliation service, who shall appoint an impartial hearing officer who shall act as the chair of a tripartite hearing panel to hear the matter.

(6) A hearing shall be commenced within thirty days of receipt of the request for a formal hearing. The hearing shall be conducted pursuant to the applicable provisions of the Revised Code and Administrative Code applicable to agency hearings. Notwithstanding any provision of law or rule, during the proceedings, the faculty member shall be permitted to have an academic adviser and counsel of the faculty member's choice.

(7) A certified record of the hearing or hearings shall be taken by an official stenographer. A tape of the hearing or hearings shall be made available to the faculty member without cost to the faculty member, at the faculty member's request. If a transcript is required, the cost of such a transcript shall be borne by the university.

(8) The university bears the burden of proof by a preponderance of the evidence that cause exists to dismiss the faculty member.

(9) The hearing shall be held on a continuing basis. Adjournments shall be granted by the hearing panel for good cause.

(10) The faculty member shall be afforded an opportunity to obtain necessary witnesses and documentary or other evidence, and the administration shall, insofar as it is possible for it to do so and with due regard for confidentiality and privileged information, secure the cooperation of such witnesses and make available necessary documents and other evidence within its control.

(11) The faculty member and the administration shall have the right to confront and cross-examine all witnesses.

(12) In the hearing of charges of professional incompetence, the testimony may include that of individuals deemed by the panel to be experts in the field. Such qualification shall be agreed to by the panel members unanimously.

(13) The panel shall not be bound by formal rules of evidence and may admit any evidence which is of probative value in determining the issues involved. However, every possible effort shall be made to obtain the most reliable evidence available.

(14) The panel's findings of fact and decision shall be based solely on the hearing record.

(15) Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case is prohibited.

(16) The panel shall issue its decision within thirty days of the close of the hearing. The panel may affirm, disaffirm, or modify the discharge. The panel shall forward its decision to the university president.

(17) Upon receipt of the decision, the university president shall:

(a) Make the final determination based on the report, pursuant to the powers delegated to the president by the board of trustees and shall

(b) Forward the determination to the board of trustees for its ratification.

(D) Dismissal based upon financial exigency or academic reorganization.

Whenever the president has reason to believe that the university faces a situation of bona fide financial exigency requiring the dismissal of faculty or that justification exists for the discontinuance of a program or department of instruction necessitating the termination of regularly appointed faculty members, the president shall consult with the university personnel committee and obtain its advice and counsel before recommending such action to the board of trustees. The university personnel committee may, if it desires, take not more than ninety days to review any discontinuance, to formulate its advice and counsel, and to submit this advice and counsel to the president.

(1) Affected faculty members shall be able to have the issues related to their cases reviewed by the formal hearing committee established in the bylaws of the faculty senate with ultimate review of all controverted issues by the board of trustees. In every case of financial exigency or discontinuance of a program or department of instruction, the faculty member concerned shall be given notice as soon as possible. Tenured faculty and non-tenured faculty not notified before the schedule of notice in paragraph (E)(2) of rule 3344-11-03 of the Administrative Code shall be given at least twelve months' notice. Before dismissal or termination under this rule, the university shall make a good faith and verifiable effort to place affected faculty members in other suitable positions within the university. When a faculty member's dismissal is based upon financial exigency academic reorganization, the released faculty member's place shall not be filled by a replacement within a period of two years, unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it.

(2) Faculty members shall be kept informed of possible anticipated programmatic changes and staffing needs. Where possible, faculty members shall be provided ample opportunity to develop the mutually acceptable level of competence to fill another position agreeable to the individual and to the university. Preferential consideration shall be given tenured faculty in the relocation process.

(E) Separation for medical reasons.

(1) A faculty member who is unable to perform usual and customary academic functions as described in rule 3344-16-02 of the Administrative Code may be involuntarily separated according to the following procedure:

(a) When the chief academic officer or designee has received substantial credible medical evidence of the faculty member's disability and determines that the faculty member is incapable of performing the essential functions as described in rule 3344-16-02 of the Administrative Code due to the disabling illness, injury or condition;

(b) The chief academic officer or designee shall request that the faculty member submit to a medical or psychological examination prior to the involuntary separation of the faculty member.

(2) If the faculty member disagrees with the findings of the medical or psychological examination, the faculty member may seek a separate medical examination at the faculty member's own expense. If there is a disagreement between the examinations secured by the administration and the faculty member, a third opinion shall be secured from an impartial medical professional who is independent of the other two examiners.

(3) Pre-separation hearing. The chief academic officer or designee shall institute a hearing prior to involuntarily disability separating a faculty member. The faculty member shall be provided written notice at least ten university working days in advance of the hearing. If the faculty member does not waive the right to the hearing, then at the hearing the faculty member has the right to examine the university's evidence of disability, to rebut that evidence, and to present testimony and evidence on the faculty member's own behalf.

(4) Based on the medical evaluations and the evidence presented at the pre-separation hearing, the chief academic officer shall then make a determination regarding the separation. If the chief academic officer or designee determines that the faculty member is capable of performing the essential functions, then the involuntary disability process shall cease and the faculty member shall be considered fit to perform the essential functions of the position. If the appointing authority determines that the faculty member is unable to perform the essential functions, then the chief academic officer shall issue an involuntary separation order. However, if a reasonable chance of recovery from illness exists for the faculty member in question, the faculty member shall be given an involuntary leave of absence for up to a period of nine months, based upon the recommendation of the medical professional assessing the faculty member's prospective time to recover. This involuntary leave is in addition to any FMLA or sick leave to which the faculty member is entitled and shall commence only after the faculty member has exhausted their FMLA and sick leave.

(5) Nothing in these provisions affects a faculty member's eligibility for sick leave and FMLA.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 11/10/1989
Rule 3344-11-07 | Appointment of chairs, school directors and deans.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 7/20/2015
Rule 3344-11-08 | Resignation and retirement.
 

(A) Resignation.

A faculty member has an obligation to give notice of intent to resign no less than three months before termination of the faculty member's service at the end of any academic term.

(B) Retirement.

(1) A retired faculty member may qualify for the award of emeritus or emerita status (see paragraph (N) of rule 3344-11-02 and rule 3344-12-09 of the Administrative Code.)

(2) A retired faculty may, with the approval of the dean, be offered post-retirement classroom instruction employment on a part-time, semester-to-semester basis. The rate of compensation shall be determined in negotiations between the dean and the faculty member, subject to the approval of the provost.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 11/4/1977
Rule 3344-11-09 | Leave of absence (non-bargaining unit members only).
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 7/19/1993
Rule 3344-11-10 | Grants and contracts for research, training, and other purposes.
 

All proposals to outside agencies for financial support in excess of five hundred dollars for research, training, institutes, seminars, facilities, equipment, or other university activities or purchases shall be submitted to the vice president for research, according to the policies and procedures that the vice president for research shall establish.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 11/4/1977
Rule 3344-11-11 | Consulting and other extramural employment (non-bargaining unit members only).
 

(A) Faculty members are frequently called upon to render professional counsel or service to public or private agencies for which compensation is direct and in excess of the terms of university contracts. Such services are encouraged if they fulfill a responsibility of the university to the community at large and provide invaluable professional experiences. It is understood, however, that such activities shall in no way limit the extent or quality of a faculty members obligation to the university or their profession. There are three levels of such activities:

(1) Activities that have a minimal impact on the faculty members university or professional obligations, e.g., keynote speeches, paid reviews of research articles, books or creative works, and tenure reviews for other universities.

(2) Activities that have a somewhat substantial one-time impact on the faculty members university or professional obligations, e.g., teaching short courses or workshops, consulting on projects for business, government or nonprofit organizations, expert testimony and self-employment.

(3) Activities that have a substantial and continuing impact on the faculty members university or professional obligations, e.g., long-term consulting relationships with business, government or nonprofit organizations, expert testimony and self-employment.

(B) The activities described in paragraph (A)(1) of this rule are exempt from the pre-approval requirements specified in the remainder of this article but shall be included in the annual spring semester report of extramural employment.

(C) Before performing activities described in paragraphs (A)(2) and (A)(3) of this rule, the faculty member shall obtain the written approval of the faculty members supervisor; such approval not to be unreasonably denied. In no event shall the faculty member accept a regular salary or annual retainer for counsel or services without the written consent of their supervisor.

(D) Faculty members shall not engage in any outside employment activity, which competes directly with the university in its pursuit of grants, awards, projects and other sources of funding. In addition, outside employment shall not be undertaken, that violates Ohios ethics laws governing public employees.

(E) The use of the name, symbol, or address of Cleveland state university in any extramural employment agreement is prohibited. University facilities, equipment, and materials may be used for such purposes only with the prior express consent of the administration and according to explicit terms for reimbursement.

(F) The faculty members supervisor shall at all times be kept informed in writing of the extramural employment of full-time faculty members. Faculty shall submit a report of such activities, indicating the number of hours and for whom the work was performed, to the supervisor in the spring semester of each academic year. Consulting activities should make a contribution to the enrichment of the teaching and/or research competence of the faculty member.

(G) If the faculty members supervisor believes that a faculty members outside activities interfere with the extent or quality of the faculty members obligation to the university or to the profession or compete directly with the university in its pursuit of grants, awards, projects and other sources of funding, or if the faculty member fails to abide by the procedures set forth in paragraph (A) of this rule, the supervisor and the faculty member shall discuss the situation in an attempt to resolve any problems or misunderstandings. After such consultation, the supervisor may order suspension or termination of any outside employment. Such orders to suspend or terminate outside employment may be appealed to the provost. During the grievance procedure, the order of the supervisor affecting outside employment normally shall not force suspension or termination of existing contractual obligations, but shall prohibit the faculty member from extending or renewing any existing contractual obligations, or accepting any new outside employment. Nevertheless, if the supervisor determines that continuing the outside employment impairs the faculty members obligation to the university or the profession, the faculty member shall suspend or terminate the outside employment even if the order is challenged through appeal.

(H) Faculty members are expressly prohibited from teaching for other educational institutions, colleges or universities while under contract, unless such teaching is a part of an inter-institutional agreement entered into by Cleveland state university or the faculty member has the prior written consent of the faculty members supervisor.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 11/4/1977, 7/15/2009
Rule 3344-11-12 | Candidacy for public office.
 

(A) A faculty member may run for an elective public office under the following conditions. The faculty member shall in all cases submit a full statement of proposed campaign activities and of the responsibilities of the office, which they propose to assume. When, in the judgment of the university, those activities conflict with the faculty member's professional obligations, the faculty member shall submit a written application for reduced levels of employment and compensation in the university, or for a special leave of absence without pay, at such a date that it will come before the board of trustees for its consideration at least one full academic semester before the assumption of the said activities. Submission of statements and application shall be according to the procedures set forth in paragraph (C) of rule 3344-11-09 of the Administrative Code.

(B) A faculty member may accept an elective or appointive office under the following conditions. When, in the judgment of the university, those responsibilities and salaries conflict with the faculty member's professional obligation, the faculty member shall submit a written application for reduced levels of employment and compensation in the university or for a special leave of absence without pay, at such a date that the application will normally come before the board of trustees for its consideration at least one full academic semester before the assumption of the said responsibilities.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 11/4/1977
Rule 3344-11-13 | Attachment A to Chapter 3344-11 of the Administrative Code -1940 statement of principles on academic freedom and tenure.
 

Editorial note: The following is an excerpt from the statement of principles concerning academic freedom and tenure formulated by representatives of the association of American colleges (AAC) and of the American association of university professors (AAUP) and agreed upon at a joint conference November 8, 1940. The statement was endorsed by the AAC at its annual meeting on January 9, 1941, and by the AAUP on December 28, 1941. It has been edited to contain gender-neutral language.

(A) The teacher is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.

(B) The teacher is entitled to freedom in the classroom in discussing the subject, but the teacher should be careful not to introduce into this teaching controversial matter that has no relation to the subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of appointment.

(C) The college or university teacher is a citizen, a member of a learned profession, and an officer of an educational institution. When speaking or writing as a citizen, the teacher should be free from institutional censorship or discipline, but special position in the community imposes special obligations. As a person of learning and an educational officer, the teacher should remember that the public may judge the profession and the institution by the teacher's utterances. Hence, the teacher should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that the teacher is not an institutional spokesperson.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 7/15/2009
Rule 3344-11-14 | Attachment B to Chapter 3344-11 of the Administrative Code - A statement on professional ethics and academic resonsibility.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Rule 3344-11-15 | Attachment C to Chapter 3344-11 of the Administrative Code - 1958 - statement on procedural standards in faculty dismissal proceedings.
 

(A) Foreword.

The following statement on procedural standards in faculty dismissal proceedings has been prepared by a joint committee representing the association of American colleges and the American association of university professors. It is intended to supplement the 1940 statement of principles on academic freedom and tenure by providing a formulation of the "academic due process" that should be observed in dismissal proceedings. However, the exact procedural standards here set forth "are not intended to establish a norm in the same manner as the 1940 statement of principles on academic freedom and tenure, but are presented rather as a guide... ." (The statement was approved by the association of American colleges in January 1958, and by the American association of university professors in April 1958.)

(B) Introductory comments.

(1) Any approach toward settling the difficulties, which have beset dismissal proceedings on many American campuses, must look beyond procedure into setting and cause. A dismissal proceeding is a symptom of failure; no amount of use of removal process will help strengthen higher education as much as will the cultivation of conditions in which dismissals rarely if ever need occur. Just as the board of control or other governing body is the legal and fiscal corporation of the college, the faculty are the academic entity. Historically, the academic corporation is the older. Faculty were formed in the middle ages, with managerial affairs either self-arranged or handled in course by the parent church. Modern college faculties, on the other hand, are part of a complex and extensive structure requiring legal incorporation, with stewards and managers specifically appointed to discharge certain functions.

(2) Nonetheless, the faculty of a modern college constitutes an entity as real as that of the faculties of medieval times, in terms of collective purpose and function. A necessary precondition of a strong faculty is that it have firsthand concern with its own membership. This is properly reflected both in appointments to and in separations from the faculty body.

(3) A well-organized institution will reflect sympathetic understanding by trustees and teachers alike of their respective and complementary roles. These should be spelled out carefully in writing and made available to all. Trustees and faculty should understand and agree on their several functions in determining who shall join and who shall remain on the faculty. One of the prime duties of the administrator is to help preserve understanding of those functions. It seems clear on the American college scene that a close positive relationship exists between the excellence of colleges, the strength of their faculties, and the extent of faculty responsibility in determining faculty membership. Such a condition is in no way inconsistent with full faculty awareness of institutional factors with which governing boards shall be primarily concerned.

(4) In the effective college, dismissal proceedings involving a faculty member on tenure or one occurring during the term of an appointment shall be a rare exception, caused by individual human weakness and not by an unhealthy setting. When it does come, however, the college should be prepared for it so that both institutional integrity and individual human rights may be preserved during the process of resolving the trouble. By the same token, presidents and governing boards shall be willing to give full weight to a faculty judgment favorable to a colleague.

(5) One persistent source of difficulty is the definition of adequate cause for the dismissal of a faculty member. Despite the 1940 statement of principles on academic freedom and tenure and subsequent attempts to build upon it, considerable ambiguity and misunderstanding persist throughout higher education, especially in the respective conceptions of governing boards, administrative officers, and faculties concerning this matter. The present statement assumes that individual institutions will have formulated their own definitions of adequate cause for dismissal, bearing in mind the 1940 institutions.

(6) This statement deals with procedural standards. Those recommended are not intended to establish a norm in the same manner as the 1940 statement of principles on academic freedom and tenure, but are presented rather as a guide to be used according to the nature and traditions of particular institutions in giving effect to both faculty tenure rights and the obligations of faculty members in the academic community.

(C) Procedural recommendations - preliminary proceedings concerning the fitness of a faculty member.

(1) When reason arises to question the fitness of a college or university faculty member who has tenure or whose term appointment has not expired, the appropriate administrative officers should ordinarily discuss the matter with the faculty member in personal conference. Consideration of the matter may be terminated by mutual consent at this point; but if an adjustment does not result, a standing or ad hoc committee elected by the faculty and charged with the function of rendering confidential advice in such situations should informally inquire into the situation to effect an adjustment if possible, and if the president of the institution, even after considering a recommendation of the committee favorable to the faculty member, expresses the conviction that a proceeding should be undertaken, action should be commenced under the procedures that follow. Except where there is disagreement, a statement with reasonable particularity of the grounds proposed for the dismissal should then be jointly formulated by the president and the faculty committee; if there is disagreement, the president or their representative should formulate the statement.

(2) Commencement of formal proceedings.

The formal proceedings should be commenced by a communication addressed to the faculty member by the president of the institution, informing the faculty member of the statement formulated, and that, if the faculty member so requests, a hearing will be conducted by a faculty committee at a specified time and place to determine whether the faculty member should be removed from his faculty position on the grounds stated. In setting the date of the hearing, sufficient time should be allowed the faculty member to prepare a defense. The faculty member should be informed, in detail or by reference to published regulations, of the relevant procedural rights. The faculty member should state in reply whether a hearing is desired and, if so, should answer in writing, not less than one week before the date set for hearing the statements in the president's letter.

(3) Suspension of the faculty member.

Suspension of the involved faculty member during the proceedings is justified only if immediate harm to themselves or others is threatened by continuance. Unless legal considerations forbid, any such suspension should be with pay.

(4) Hearing committee.

The committee of faculty members to conduct the hearing and reach a decision should be either an elected standing committee not previously concerned with the case or a committee established as soon as possible after the president's letter to the faculty member has been sent. The choice of members of the hearing committee should be on the basis of their objectivity and competence and of the regard in which they are held in the academic community. The committee should elect its own chair.

(5) Committee proceedings.

(a) The committee should proceed by considering the statement of grounds for dismissal already formulated and the faculty member's response written before the time of the hearing. If the faculty member has not requested a hearing, the committee should consider the case on the basis of the obtainable information and decide whether the faculty member should be removed; otherwise, the hearing should go forward. The committee, in consultation with the president and the faculty member, should exercise its judgment as to whether the hearing should be public or private. If any facts are in dispute, the testimony of witnesses and other evidence concerning the matter set forth in the president's letter to the faculty member should be received.

(b) The president should have the option of attendance during the hearing. The president may designate an appropriate representative to assist in developing the case, but the committee should determine the order of proof, should normally conduct the questioning of witnesses, and, if necessary, should secure the presentation of evidence important to the case.

(c) The faculty member should have the option of assistance by counsel, whose function should be similar to that of the representative chosen by the president. The faculty member should have the additional procedural rights set forth in the "1940 statement of principles on academic freedom and tenure," and should have the aid of the committee, when needed in securing the attendance of witnesses. The faculty member or their counsel and the representative designated by the president should have the right, within reasonable limits, to question all witnesses who testify orally. The faculty member should have the opportunity to be confronted by all adverse witnesses. Where unusual and urgent reasons move the hearing committee to withhold this right, or where the witness cannot appear, the identity of the witness, as well as the witnesses' statements should, nevertheless, be disclosed to the faculty member. Subject to these safeguards, statements may when necessary be taken outside the hearing and reported to it. All of the evidence should be duly recorded. Unless special circumstances warrant, it should not be necessary to follow formal rules of court procedure.

(6) Consideration of hearing committee.

The committee should reach its decision in conference, on the basis of the hearing. Before doing so, it should give opportunity to the faculty member or their counsel and the representative designated by the president to argue orally before it. If written briefs would be helpful, the committee may request them. The committee may proceed to decision promptly, without having the record of the hearing transcribed, where it feels that a just decision can be reached by this means; or it may wait the availability of a transcript of the hearing if its decision would be aided thereby. It should make explicit findings with respect to each of the grounds of removal presented, and a reasoned opinion may be desirable. Publicity concerning the committee's decision may properly be withheld until consideration has been given to the case by the governing body of the institution. The president and the faculty member should be notified of the decision in writing and should be given a copy of the record of the hearing. Any release to the public should be made through the president's office.

(7) Consideration by governing body.

The president should transmit to the governing body the full report of the hearing committee, stating its action. On the assumption that the governing board has accepted the principle of the faculty hearing committee, acceptance of the committee's decision would normally be expected. If the governing body chooses to review the case, its review should be based on the record of the previous hearing, accompanied by opportunity for argument, oral or written or both, by the principals at the hearing or their representatives. The decision of the hearing committee should either be sustained or the proceeding be returned to the committee with objections specified. In such case the committee should reconsider, taking account of the stated objections and receiving new evidence if necessary. It should frame its decision and communicate it in the same manner as before. Only after study of the committees reconsideration should the governing body make a final decision overruling the committee.

(8) Publicity.

Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements about the case by either the faculty member or administrative officer should be avoided so far as possible until the proceedings have been completed. Announcement of the final decision should include a statement of the hearing committees original action, if this has not previously been made known.

Supplemental Information

Authorized By: 11.15
Amplifies: 3344
Prior Effective Dates: 8/1/1994
Rule 3344-11-16 | Attachment D to Chapter 3344-11 of the Administrative Code.
 

(A) All faculty should be aware of the laws of the state of Ohio governing their conduct as it relates to their employment status. Sections 3345.22 and 3345.23 of the Revised Code state:

(B) Section 3345.22 of the Revised Code. College student or staff member arrested for certain offenses to be afforded a hearing, suspension, or appeal.

(1) A student, faculty or staff member, or employee of a college or university that receives any state funds in support, thereof, arrested for any offense covered by division (D) of section 3345.23 of the Revised Code shall be afforded a hearing, as provided in this rule, to determine whether the person shall be immediately suspended from such college or university. Such hearing shall be held within not more than five days after the person's arrest, subject to reasonable continuances for good cause shown, which continuances shall not exceed a total of ten days.

(2) The arresting authority shall immediately notify the president of the college or university of the arrest of a student, faculty or staff member, or employee of such college or university for any offense covered by division (D) of section 3345.23 of the Revised Code. The hearing to determine whether the person shall be immediately suspended shall be held in the county where the college or university is located, before a referee appointed by the board of regents. Such referee shall be an attorney admitted to the practice of law in Ohio, but shall not be attorney for, or a faculty or staff member or employee of, any college or university. Immediate notice of time and place of such hearing shall be given or sent to such person.

(3) The referee may administer oaths, issue subpoenas to compel the attendance of witnesses and the production of evidence, and enforce such subpoenas, as well as preserve the other and decorum of the proceedings, by means of contempt proceedings in the court of common pleas as provide by law.

(4) The hearing shall be adversary in nature and shall be conducted fairly and impartially, but the formalities of the criminal process are not required. A person whose suspension is being considered has the right to be represented by counsel, but counsel need not be furnished for the person. Such person also has the right to cross-examine witnesses against the person, to testify, and to present the testimony of witnesses and other evidence in the person's behalf. In the absence of a waiver of the right against compulsory self-incrimination, the testimony of a person whose suspension is being considered, given at such hearing, shall not subsequently be used in any criminal proceeding against the person. The referee may require the separation of witnesses, and may bar from the proceedings any person whose presence is not essential to such proceedings, except that members of the news media shall not be barred from such proceedings.

(5) Upon hearing, if the referee finds by a preponderance of the evidence that the person whose suspension is being considered committed any offense covered by division (D) of section 3345.23 of the Revised Code, the referee shall order the person suspended, except that when the good order and discipline of a college or university will not be prejudiced or compromised, thereby, the referee may permit the person to return to the college or university on terms of strict disciplinary probation. Subsequent violation of the terms of the probation automatically effects a suspension. A person suspended under this rule may be readmitted pursuant to division (A) of section 3345.23 of the Revised Code. A suspension under this rule is in effect until the person is acquitted or convicted of the crime for which the person was arrested. If convicted, the person is dismissed pursuant to section 3345.23 of the Revised Code.

(6) Upon acquittal, or upon any final judicial determination not resulting in conviction of the charges for which a person is suspended pursuant to this rule, such suspension automatically terminates, and the person suspended shall be reinstated and the record of the suspension expunged from the college or university record.

(7) An order of a referee pursuant to this rule may be appealed on questions of law and fact to the court of common pleas of the county in which the college or university is located, within twenty days after the date of the order. If the court to which such appeal is taken determines that the good order and discipline of a college or university shall not be prejudiced, thereby, it may permit the person suspended to return to the college or university on terms of strict disciplinary probation.

(8) A person afforded a hearing pursuant to this rule who does not appear at the hearing shall be declared suspended by the hearing office, (1970 H 1219, effective 9/16/1970.)

(C) Section 3345.23 of the Revised Code, dismissal of convicted student, faculty or staff member or employee - reinstatement.

(1) The conviction of a student, faculty or staff member, or employee of a college or university that receives any state funds in support, thereof, of any offense covered by paragraph (D) of this rule, automatically effects dismissal from such college or university except as provided in paragraph (E) of this rule. A student dismissed pursuant to this rule may be readmitted or admitted to any other college or university that receives state funds in support, thereof, in the discretion of the board of trustees, but only upon the lapse of one calendar year following the faculty or staff members or employee's dismissal, and only upon terms of strict disciplinary probation. The contract, if any, of a faculty or staff member or employee dismissed pursuant to this rule is terminated, thereby. A faculty or staff member or employee dismissed pursuant to this section may be re-employed by any such college or university, in the discretion of the board of trustees, but only upon the lapse of one calendar year following the dismissal.

(2) Upon conviction, a student, faculty or staff member, or employee of a college or university that receives any state funds in support thereof, of any offense covered by paragraph (D) of this rule, the court shall immediately notify the college or university of such conviction. The president, or other administrative official designated by the board of trustees, shall immediately notify such person of the dismissal. The notice shall be in writing and shall be mailed by certified mail to the person's address as shown in both the court and the university records. If such person has been suspended pursuant to section 3345.22 of the Revised Code, and not permitted to return to the college or university, the period of dismissal shall run from the date of such suspension.

(3) No degrees or honors shall be conferred upon, no instructional credit or grades shall be given to, and no student assistance, scholarship funds, salaries, or wages shall be paid or credited to any student, faculty or staff member, or employee, in respect of the period such person is properly under dismissal pursuant to this rule or under suspension pursuant to section 3345.22 of the Revised Code.

(4) Without limiting the grounds for dismissal, suspension, or other disciplinary action against a student, faculty or staff member, or employee of a college or university that receives any state funds in support, thereof, the commission of an offense of violence as defined in division (A)(9)(a) of section 2901.01 of the Revised Code or a substantially equivalent offense under a municipal ordinance, which offense is committed on or affects persons or property on such college or university, or which offense is committed in the immediate vicinity of a college or university with respect to which an emergency has been declared and is in effect pursuant to section 3345.26 of the Revised Code, is cause for dismissal pursuant to this rule or for suspension pursuant to section 3345.22 of the Revised Code. Criminal cases resulting from arrests for offenses covered by paragraph (D) of this rule shall take precedence over all civil matters and proceedings and over all other criminal cases.

(5) If a final judicial determination results in an acquittal, or if the conviction is reversed on appeal, the student, faculty or staff member, or employee shall be reinstated and the college or university shall expunge the record of the student, faculty or staff member, or employee a dismissal from the college or university records, and the dismissal shall be deemed never to have occurred.

(D) Offenses of violence referred to in division (D) of section 3345.23 of the Revised Code are as follows:

2903.01Aggravated murder2909.03Arson
2903.02 Murder2909.04Disrupting public service
2903.03Voluntary manslaughter2911.01Aggravated robbery
2903.11 Felonious assault2911.02Robbery
2903.12 Aggravated assault2911.11Aggravated burglary
2903.13 Assault 2911.12Burglary
2903.15Permitting child abuse2917.01Inciting violence
2903.21 Aggravated menacing2917.02Aggravated riot
2903.211Menacing by stalking 2917.03Riot
2903.22Menacing2917.31Inducing panic
2905.01Kidnapping2919.22Endangering children (only division (B) (1), (2), (3) and (4))
2905.02 Abduction2919.25Domestic violence
2905.04Involuntary manslaughter 2921.03Intimidation
2905.05Vandalism2921.04Intimidation of an attorney, victim or witness in a criminal case
2905.11Extortion2921.34Escape
2907.02Rape2923.12Carrying concealed weapon
2907.03Sexual battery2923.13Having weapons while under disability
2907.05Gross sexual imposition2923.35Aiding escape or resistance to authority
2909.02Aggravated arson2923.161 Improperly discharging a firearm at or into a habitation, in a school safety zone, or with the intent to cause harm or panic in a school building or at a school function.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344