Chapter 3344-2 | Discrimination Policies

Rule 3344-2-01 | Formulation and issuance of policies.

• Effective: June 23, 2014
• Promulgated Under: 111.15

(A) Policy statement

(1) All university policies fall within in a greater hierarchy of laws, statutes and regulations. The Ohio legislature authorizes the Cleveland state university board of trustees to govern the university. See sections 3344.01 to 3344.03 of the Revised Code. The president, as chief executive officer of the university, is charged with managing and directing the day-to-day operation of the university, leading in developing university policies and ensuring the application of the rules and regulations of the university. Section 3.1 of article III of the bylaws of the board of trustees.

(2) Cleveland state university (CSU) requires all university policies to be promulgated in accordance with the standards and format set forth in this rule and as required by the legislative service commission (LSC.) Policies presented in the standard format will help CSU maintain accountability, consistency and provide the university community with a clear set of explanations and expectations.

(B) Definitions

(1) "University policies" are guiding or governing principles, formally approved to provide assistance in the conduct of university affairs, operation and administration. This definition encompasses only university-wide policies, which are distinguishable from procedures for school or departmental policies, as well as from academic policies, which are policies that primarily affect the educational mission of the university and are promulgated by the provost. Academic policies fall outside the scope of this rule. Only those policies approved in accordance with this rule will have the force of official university policy.

(2) "Procedures" are statements that provide for orderly implementation of established policies through specific, prescribed actions and are more detailed than a policy statement.

(3) "Responsible official" is the university official charged with the implementation, training and oversight of a particular policy that falls within the scope of the university official's assigned responsibilities, as well as that rule's revision and approval, or in the case of a new policy, its development.

(4) "E-policy index" is the on-line index where official university policies are maintained. It is located at http://library.csuohio.edu/policies/csu/.

(C) Policy approval process

(1) New policies or changes to existing policies may be initiated by the president, the provost, or by any vice president. Recommendations for new or revised policies shall be proposed to the provost or the appropriate vice president by any member of the university community. Once the provost or a vice president approves a policy proposal, the vice president will appoint a responsible official for the policy who will then forward the policy to the office of compliance.

(2) The office of compliance shall review the policy for the following:

(a) Consistency in format and presentation;

(b) Conflicts between the proposed policy and other university policies;

(c) Consistency with laws or other external regulations germane to the policy;

(d) Consistency with the mission of Cleveland state university.

(3) Once the office of compliance reviews the policy, it shall be returned to the provost or the appropriate vice president who has the responsibility for seeking approval for the policy from the president or the president's designee.

(4) After approval by the president or the president's designee, the responsible official and the office of compliance shall be responsible for posting the proposed policy on the e-policy index for a thirty-day comment period.

(5) Following the thirty-day comment period, the policy may be revised and sent to the provost, president or designee, as appropriate, for final approval.

(6) If the policy requires approval by the board of trustees, the responsible official and the office of compliance shall prepare the policy for submission to the secretary of the board of trustees for board consideration. The policy becomes effective ten calendar days after board approval, if required, or ten days after the thirty- day comment period has lapsed if board approval is not required.

(7) The responsible official coordinates dissemination of the policy in cooperation with the office of compliance.

(D) Applicability

University policies are applicable to all members of the university, unless the specific policy states otherwise.

(E) Role of responsible official

The responsible official shall administer the policy. Each of the respective vice presidents and the provost shall assign a responsible official to all existing policies within their area of operations and to any newly generated policies. If no responsible official has been assigned, the vice president for that area of operation shall be deemed to be the responsible official. The responsible official also ensures that the policy is submitted and published in the required format. See paragraph (F) of this rule.

(F) Policy format

The standard format set forth in this guidance shall be used for all university wide policies. The responsible official shall ensure that all policies are submitted and published according to this format. Only those policies approved in accordance with this rule shall have the force of official university policy. All proposed policies and revisions shall be submitted in the specific format required by the LSC, which is available at: http://www.lsc.state.oh.us/rules/. See the appendix to this rule for the required sections and formatting. The compliance officer shall assign the policy number.

(G) Conflicts

In the event of a conflict between a university-wide administrative policy and a school or departmental administrative policy, the university-wide policy shall supersede the departmental policy, unless the school or department demonstrates the need for the conflicting policy and the conflicting policy is approved by the compliance officer.

(H) Interim policies

The president, provost or a vice president may put an interim policy into place in situations where a university policy shall be established in a time period too short to permit the completion of the process delineated in this policy. An interim policy will remain in force for up to three months from the date of issuance and then will expire and no longer have effect unless it becomes an official university policy according to this policy.

(I) Posting of policies

All university-wide policies shall be posted on the e-policy index. Printed versions of the policy may be included in the handbooks, catalogues and other publications, but shall include a notice that the e-policy index should be consulted for the latest version. Policies passed by the board of trustees and filed with the LSC shall be posted on both the board of trustee's website and the e-policy index.

(J) Related procedures, guidelines, processes

Policies may be supplemented by school or departmental procedures or guidelines that describe policy implementation practices. These supplemental procedures may be referenced in, and/or linked from the relevant policy, as appropriate.

Last updated May 26, 2021 at 3:36 PM

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 9/17/2012

Rule 3344-2-02 | Affirmative action, equal access, equal opportunity and non-discrimination/harrassment policy statement.

• Effective: April 21, 2014
• Promulgated Under: 111.15

Cleveland state university is committed to building an inclusive community that recognizes the inherent worth and dignity of every person; fosters tolerance, sensitivity and mutual respect among its members; and encourages each individual to strive to reach his or her own potential. To this end, the university embraces human diversity and is committed to equal access, equal opportunity, affirmative action, and eliminating discrimination. This commitment is both a moral imperative consistent with an intellectual community that celebrates individual differences and diversity, as well as a matter of law.

(A) The university administration, faculty, staff, students, and volunteers are responsible for assuring that the university maintains an environment for work, study and participation in university programs, services and activities free from discrimination/harassment. Discrimination/harassment in the workplace or the educational environment is unacceptable conduct and shall not be tolerated. The university is committed to maintaining an educational and work climate for faculty, staff and students that is positive and free from all forms of discrimination/harassment.

(B) The university prohibits discrimination/harassment toward individuals of the university community on the basis of race, sex (including pregnancy), religion, color, age, national origin, veteran and/or military status, genetic information, or disability and discrimination/harassment toward individuals for other reasons such as sexual orientation, gender identity and/or expression, marital status or parental status. The university will conduct its programs, services and activities in accordance with applicable federal (including Title IX of the Educational Amendments of 1972), state and local laws, regulations and orders and in conformance with university policies. The university will not tolerate discrimination/harassment of its faculty, staff or students by persons conducting business with or visiting the university, even though such persons are not directly affiliated with the university.

(C) All aspects of the employment relationship, including recruitment, selection, hiring, training, professional development, managerial practices, tenure, promotion, compensation and separations, are administered in accordance with this rule. Moreover, all policies and procedures applicable to employees and students shall be administered in accordance with this rule.

(D) Any questions of interpretation regarding this rule shall be referred to the office for institutional equity.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-2-03 | Policy Against Discrimination, Harassment, Sexual Violence and Retaliation.

• Effective: February 21, 2020
• Promulgated Under: 111.15

(A) Discrimination is prohibited

Respect for diversity is an essential element of the university community. The university strongly opposes and does not tolerate discrimination on the basis of race, sex (including sexual harassment, sexual violence, sexual assault, sexual exploitation, relationship violence, domestic abuse and stalking), pregnancy, religion, color, age, national origin, veteran and/or military status, genetic information, disability, sexual orientation, gender identity and/or expression, marital status or parental status, participation in protected activity (retaliation), and/or any other status protected by state or federal law, including Title IX of the Educational Amendments Act of 1972, rule or regulation. "Discrimination" is negative or adverse treatment of an employee, student or other member of the university community based on any of the classifications listed in this paragraph.

(1) This policy applies to all students, employees, visitors and other individuals participating in a university activity, educational or employment opportunity or program. This policy covers conduct that occurs on university property, off-campus during a university activity, or off-campus outside of a university activity when the conduct has continuing adverse effects on or creates a hostile environment for students, employees, visitors or other individuals participating in a university activity.

(2) It is the responsibility of every member of the university community to foster an environment free from discrimination, harassment, sexual violence and retaliation, and to take reasonable action to prevent or stop such conduct.

(3) Information about incidents of discrimination, harassment, sexual violence and/or retaliation should be reported to the office for institutional equity.

(B) Harassment is prohibited

The university strives to provide an environment for students, faculty, staff and other members of the university community that is free from harassment on the bases of race, sex (including sexual harassment, sexual violence, sexual assault, sexual exploitation, relationship violence, domestic abuse and stalking), pregnancy, religion, color, age, national origin, veteran and/or military status, genetic information, disability, sexual orientation, gender identity and/or expression, marital status or parental status, participation in protected activity (retaliation), and/or any other status protected by state or federal law, rule or regulation. Harassment on the basis of any of these protected classes is a form of discrimination prohibited by this policy.

(1) Harassment is unwelcome verbal, non-verbal, graphic, physical, electronic or other conduct that subjects an individual to an intimidating, hostile or offensive educational or employment environment, is based on one or more of the characteristics listed above, and which:

(a) Denigrates, insults, ridicules, disparages or stereotypes an individual or an individual's conduct, family, friends, habits or lifestyle; and

(b) Is sufficiently severe, persistent or pervasive and objectively offensive that it limits or interferes with the individual's ability to participate in or benefit from the university's programs or activities.

(2) Sexual harassment is:

(a) Harassment that is based on gender, sexual orientation, gender expression, or a person's status as a woman or man, transgender, intersex person, or gender-nonconforming individual; and

(b) Sexual harassment includes:

(i) Any unwelcome sexual advance, request for sexual favors or other written, verbal or physical conduct of a sexual nature when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, education or participation in a university activity or is used as the basis for any university decisions affecting that individual.

(b) The conduct creates a hostile environment because it is sufficiently severe, persistent or pervasive that it unreasonably interferes with an individual's employment or academic performance or participation in a university activity.

(ii) Unwelcome verbal conduct that is so severe, pervasive, and objectively offensive that the individual is effectively denied equal access to an institution's resources and opportunities (comments about a person's body, spreading sexual rumors, sexual remarks or accusations, dirty jokes or stories), nonverbal conduct, visual conduct (display of naked pictures or sex-related objects, obscene gestures) or physical conduct (grabbing, rubbing, flashing or mooning, touching, pinching in a sexual way, sexual assault), including the following items when they are part of a pattern of conduct that rises to the level of the standard set forth in this paragraph:

(a) Jokes, slurs, innuendos, graphic sexual descriptions, or comments about a person's clothing, body, weight, shape, size or figure, sensuality, sexual activities or genderspecific traits; sounds such as whistling, wolf calls or kissing; repeated unsolicited propositions for dates and/or sexual relations, and; questions about sexual fantasies, preferences or history.

(b) Leering, staring, looking a person's body up and down, licking lips or teeth, winking or throwing kisses; holding or eating food provocatively; lewd gestures, such as motions that mimic sexual activity; persistent flirting and; displaying sexually suggestive pictures, calendars, posters and other visuals.

(c) Touching that is inappropriate in the workplace or classroom and/or violates boundaries, such as patting, pinching, stroking or brushing up against the body of another person; placing one's body in the personal space of another person; giving a massage around the neck or shoulders; attempted or actual kissing, grabbing or fondling; touching or rubbing one's body in a sexually manner where it can be observed by another person; exposing the underwear or body parts of another person, and; physical assault, coerced sexual relations, sexual assault or attempted assault.

(C) Sexual violence is prohibited.

Sexual violence is conduct of a sexual nature or conduct based on sex or gender that occurs without affirmative consent or when an individual is incapable of giving affirmative consent. Sexual violence is prohibited.

(1) Acts of sexual violence are forms of sex- and gender-based discrimination and harassment.

(2) Sexual violence includes sexual assault, sexual exploitation, relationship violence, domestic abuse and stalking.

(a) Sexual assault is sexual contact or sexual intercourse without affirmative consent.

(b) Sexual exploitation is purposely or knowingly doing any of the following:

(i) Causing the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that persons ability to give or withhold affirmative consent to sexual activity;

(ii) Allowing third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means;

(iii) Engaging in voyeurism (e.g., watching private sexual activity without the consent of the participants or viewing another person's intimate parts in a place where that person would have a reasonable expectation of privacy);

(iv) Recording or photographing private sexual activity and/or a person's intimate parts without affirmative consent;

(v) Disseminating or posting images of private sexual activity and/or a person's intimate parts without affirmative consent;

(vi) Prostituting another person; or

(vii) Exposing another person to a sexually transmitted infection or virus without the other's knowledge.

(c) Relationship violence is violence or the threat of violence by a person towards another based on sex or gender where the individuals are or were in a social relationship of a romantic or intimate nature. Relationship violence may include sexual, financial, emotional, psychological or other coercion or abuse directed at a current or former intimate partner, whether or not accompanied by physical violence.

(d) Domestic abuse means violence or the threat of violence by a person towards another based on sex or gender where the individuals are current or former spouses, persons who have had a child together, or persons who cohabitate or have cohabitated as a spouses or intimate partners. Domestic abuse may include physical, sexual, financial, emotional, psychological or other coercion or abuse directed at a current or former spouse or person similarly situated to a spouse, whether or not accompanied by physical violence.

(e) Stalking means a course of conduct directed at a specific individual that would cause a reasonable person, if aware of the conduct, under similar circumstances to fear for her, his or others' safety, or to suffer substantial emotional distress. A course of conduct includes two or more acts, including but not limited to, those in which the alleged perpetrator directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about the person towards which such conduct is directed or interferes with that person's property.

(3) Definitions

(a) Affirmative consent is: informed (knowing), voluntary (freely given) and active (not passive), meaning that, through the demonstration of clear words or actions, a person has indicated permission to engage in mutually agreed-upon sexual activity. Affirmative consent to one form of sexual activity does not, by itself, constitute affirmative consent to another form of sexual activity. Silence, without more, is not affirmative consent. Affirmative consent may be withdrawn at any time by communicating, through clear words or actions, a decision to cease the sexual activity. Once affirmative consent is withdrawn, the sexual activity must cease immediately. Affirmative consent is absent where:

(i) Force is applied to obtain consent. Force includes physical violence, abuse of power, threats, intimidation, and/or coercion.

(ii) An individual knows or should know, based on the circumstances, that the individual seemingly giving consent is substantially impaired (e.g., by alcohol or drug use, unconsciousness or other reason). An individual who is substantially impaired cannot make a rational, reasonable assessment whether to give consent because she/he lacks the capacity to understand the "who, what, when, where, why, or how" of the sexual interaction.

(iii) Coercion occurs when an individual is pressured, psychologically or emotionally manipulated, tricked, threatened, or forced in a nonphysical way, to engage in unwanted sexual activity. Coercion occurs when an individual is caused to believe that sex is owed to another person because of that person's position of authority or based on the parties' relationship. Coercion can involve persistent attempts to have sexual contact after an individual has already refused to engage in sexual activity.

(b) Sexual contact means intentional contact, however slight, with the breasts, buttock, groin or genitals of another, touching another with any of these body parts or any object(s), or compelling another to touch his or her own body parts or the body parts of another in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice

(c) Sexual intercourse is sexual penetration, however slight, with any body part or object, by any individual upon another.

(d) Sexual penetration includes: vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact. "Sexual penetration" also includes compelling a person to penetrate his or her own or another person's intimate parts without consent.

(D) Retaliation is prohibited

The university prohibits retaliation against any person for reporting or complaining of discrimination, harassment or sexual violence; supporting a person who complains about such conduct; assisting, providing information or participating in the investigation of an incident of discrimination, harassment or sexual violence; enforcing university policies with respect to discrimination, harassment or sexual violence; whether or not the exercise of rights is substantiated by an investigation or otherwise. Retaliation is a form of discrimination.

(1) Retaliation is any overt or covert act of reprisal, interference, restraint, penalty, discrimination, intimidation or harassment, against any person or group for exercising any rights under this policy as described above.

(2) Prohibited retaliation includes retaliatory harassment and retaliation through a third person or persons.

(E) Reporting discrimination, harassment, sexual violence and retaliation.

(1) Information about incidents of discrimination, harassment, sexual violence and/or retaliation should be reported to the office for institutional equity.

(a) The director of the office for institutional equity is the university's title ix coordinator. The associate director of the office for institutional equity is the deputy title ix coordinator.

(b) The office for institutional equity is located in the parker hannifin administration center (ac), room 236. The phone number for the office for institutional equity is 216-687-2223. The office for institutional equity may also be reached by email.

(2) All university employees, except confidential resources, who become aware of information that would lead a reasonable person to believe that discrimination, harassment, sexual violence or retaliation has occurred must promptly report all relevant details to the office for institutional equity. Student employees, including graduate assistants and teaching assistants, have a duty to timely report incidents of discrimination when they become aware of the information in the course of their duties.

(3) The university provides options for reporting discrimination, harassment, sexual violence and/or retaliation, including reporting to a university employee, a confidential resource (a confidential resource will not share information about discrimination, sexual violence and/or retaliation with the office for institutional equity without the consent of the person providing the information except in cases of an emergency), reporting anonymously, and law enforcement. Reports may also be made to the Ohio civil rights commission, the U.S. equal employment opportunity commission or the U.S. department of education's office for civil rights. Information regarding filing charges with any of these agencies may be obtained from the agency directly or from the office for institutional equity.

(4) Resources available to members of the campus community dealing with discrimination, harassment, sexual violence and retaliation are available from the office for institutional equity, including on its website. Information about the university's prohibition against sexual violence is available on the Title IX webpage.

(F) Addressing reports of discrimination, harassment, sexual violence and/or retaliation

(1) The office for institutional equity is responsible for implementing this policy and issuing related procedures, investigating allegations of violations of this policy, responding to reports of such violations, and ensuring that the university takes appropriate remedial measures to eliminate any violation of this policy and its effects.

(2) The university takes seriously the desire for privacy sought by persons involved in a matter concerning discrimination, harassment, sexual violence or retaliation. The university shares information about such matters on a limited, "need to know" basis, in accordance with federal and state privacy laws and the Ohio Public Records Act.

(3) When an investigation substantiates a report of discrimination, harassment, sexual violence and/or retaliation, remedial measures will be promptly taken to correct the violation, eliminate its effects, and prevent its reoccurrence. The intentional provision of false information pursuant to a report of a possible violation of this policy or during the course of an investigation constitutes a violation of this policy. Information provided in good faith about suspected discrimination, harassment, sexual violence or retaliation does not constitute the provision of false information even if, upon investigation, the report is not substantiated.

(4) The university recognizes that a student who has been drinking alcohol or using recreational or other drugs at the time of a possible violation of this policy may be hesitant to make a report or participate in an investigation because of potential consequences arising from a violation of the student code of conduct. To encourage the reporting of possible violations of this policy and participation in an investigation, the university will not pursue sanctions against students for student code of conduct violations, such as underage possession or consumption of alcohol, drugs or narcotics, when the violation does not place the health and safety of another person at risk, when information about the violation is learned by the office of institutional equity as a result of a report and/or during the course of an investigation relating to this policy.

Supplemental Information

Authorized By: Promulgated Under statute is 111.15
Amplifies: 3344

Rule 3344-2-04 | Conflict of interest statement.

• Effective: June 2, 2014
• Promulgated Under: 111.15

Trustees, faculty and staff of Cleveland state university shall abide by Ohio's ethics laws, and avoid any situation that creates a real or perceived conflict between their personal interests and interests of the university. This rule applies to all trustees, faculty and staff and is supplemented by other conflict of interest policies that address specific circumstances, such as sponsored research or procurement activities.

(A) Definitions. For the purpose of this rule:

(1) "Anything of substantial value" includes anything that has a substantial monetary value, including, but not limited to, any of the following, or the promise or offer of any of the following: money, gifts, food or beverages, social event tickets and expenses, travel expenses, consulting fees, employment compensation, stocks, or interests in property.

(2) "Appropriate university authority" means the board of trustees when the official is a trustee or the president and means the official's supervisor for all other faculty and staff members.

(3) "Business associate" means a person with whom an official is engaged in an on-going business enterprise, such as a partner in a partnership, a co-owner of a business or an outside private employer.

(4) "Family member" means spouse, parent, grandparent, child, grandchild, brother or sister.

(5) "Honoraria" means any payment made in consideration for any speech given, article published or attendance at any public or private conference, convention, meeting, social event, meal or similar gathering. It does not include ceremonial gifts or awards or other items of insignificant monetary value.

(6) "Official" means any trustee, faculty member or staff person.

(7) "Public agency" means any state or local governmental entity, including the general assembly, the courts and state retirement systems.

(B) No official shall:

(1) Solicit or accept anything of substantial value from anyone doing business with the university;

(2) Use the official's authority or influence with the university to obtain anything of substantial value for the official or for a family member or business associate of the official;

(3) Use the official's authority or influence with the university to hire or secure the hiring of a family member of the official;

(4) Solicit or accept employment from anyone doing business with the university, unless the official completely withdraws from all matters related to the employer and the appropriate university authority provides prior documented approval of the withdrawal;

(5) During the official's service to the university and for a year thereafter, hold an ownership interest of more than five per cent in a private corporation that has a contract with the university, unless the contract meets the conditions set forth in paragraph (B)(6) of this rule.

(6) Sell goods or services to the university, unless all of the following are true:

(a) The university purchasing agent determines that the purchase is necessary;

(b) The goods or services are unobtainable elsewhere for the same or lower cost, or are furnished pursuant to a contract entered into prior to the official's service to the university;

(c) The services provided to the university are the same as or better than the services provided to other clients or customers;

(d) The official does not participate in the decision to enter into the contract and the contract is an arms' length transaction; and

(e) The appropriate university authority is aware of the official's interest in the contract.

(7) Sell goods or services to any other public agency, except through competitive bidding, unless, prior to making such sale, the official files a statement with the Ohio ethics commission, the university and the other public agency and, with the approval of the appropriate university authority, withdraws from university business related to the other public agency;

(8) Personally provide services to any person (other than the university) in a matter before any other public agency unless, prior to providing such services, the official files a statement with the Ohio ethics commission, the university and the other public agency and, with the approval of the appropriate university authority, withdraws from university business related to the other public agency;

(9) During or after the official's service to the university, represent any person, in any fashion, before any public agency, with respect to a matter in which the official personally participated as part of the official's service to the university;

(10) Solicit or accept honoraria, except as expressly authorized pursuant to division (H) of section 102.03 of the Revised Code. Officials may accept travel, meals, lodging or expenses in connection with conferences, seminars and similar events so long as such travel, meals, lodging or expenses are not of such nature that they could create a substantial or improper influence over the official; and

(11) Use or disclose any confidential information obtained during the official's service to the university, unless authorized to do so by the office of general counsel.

(C) Standard. In any situation not described in paragraph (B) of this rule, if reasonable observers, having knowledge of all the relevant circumstances, would conclude that an official has an actual or apparent conflict of interest in a matter related to the university, the conflicted official should not participate on behalf of the university in that matter.

(D) Guidance. Any official with a concern about whether a conflict of interest exists shall contact the office of university compliance or the office of general counsel prior to engaging in any activity related to the potential conflict. Officials may also contact the Ohio ethics commission, www.ethics.ohio.gov.

(E) Penalties. Violations of this rule may result in disciplinary action, as well as civil or criminal penalties.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-2-05 | Whistleblower protection.

• Effective: June 2, 2014
• Promulgated Under: 111.15

Cleveland state university encourages all faculty, staff, students and volunteers, acting in good faith, to report suspected or actual wrongful conduct. Retaliation against an individual making such a good faith report is prohibited.

(A) Definitions. For purpose of this rule:

(1) "Protected disclosure" means a report made in good faith that:

(a) Is about actual or suspected wrongful conduct engaged in by a member of the university board of trustees or foundation board, a university employee, student, volunteer, agent or contractor; and

(b) Is based on a reasonable belief that the conduct both has occurred and is wrongful conduct as defined in this rule.

(c) A disclosure is not a protected disclosure if the individual making the report participated in the reported conduct.

(2) "Retaliation" means a materially adverse action against an individual because that individual has made a protected disclosure or has participated in an investigation, proceeding or hearing involving a protected disclosure.

(3) "Wrongful conduct" means a serious violation of university policy or rule, a violation of applicable state or federal law, or the misuse of university or other public resources, including the use of university resources for private gain. Any violation of this rule is considered a serious violation of university policy.

(B) Retaliation prohibited. Retaliation against an individual making a protected disclosure, or participating in an investigation, proceeding or hearing involving a protected disclosure, is prohibited.

(C) Reporting.

(1) Protected disclosures may be made to an individual's supervisor, the university administrator responsible for the program area of concern, the office of general counsel, the office of university compliance, the department of audits, the office of institutional equity, or through the university's anonymous fraud and abuse reporting hotline. Protected disclosures related to suspected or actual criminal conduct may be reported to the Cleveland state university police or other local law enforcement agency.

(2) Protected disclosures may be made verbally or in writing. However, it may not be possible for the university to appropriately investigate reports unless they are in writing and include sufficient detail to identify and describe the violation.

(3) The office of university compliance shall develop procedures to ensure that protected disclosures are appropriately investigated.

(D) False allegations. It is a violation of this rule to knowingly, or with reckless disregard for the truth, make a false report of wrongful conduct or of retaliation, or give false information during an investigation, proceeding or hearing involving a protected disclosure. A person acts with reckless disregard for the truth when the person knows that the report or information given could have serious consequences, but makes no effort to determine whether it is true, or is indifferent to whether it is true. It is not a violation of this rule to make a report in good faith about suspected wrongful conduct or suspected retaliation that is based on a reasonable belief that the conduct has both occurred and is wrongful conduct, even if, upon investigation, the report is not substantiated.

(E) Confidentiality. Protected disclosures and investigatory records shall be kept confidential to the extent possible, consistent with the need to conduct an appropriate investigation, and in accordance with the Ohio public records act.

(F) Penalties. Any person found to have violated this rule shall be subject to discipline, up to and including termination of employment, contract or service to the university, or expulsion.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-2-06 | Expressive activity policy.

• Effective: November 30, 2015
• Promulgated Under: 111.15

(A) Purpose

(1) The purpose of the rule is to promote the free exchange of ideas and the safe and efficient operation of the university by:

(a) Fostering free speech, assembly and other expressive activities on university property by all persons, whether or not they are affiliated with the university.

(b) Maintaining an appropriate educational and work environment for all persons present on university property, including but not limited to students, faculty, employees, customers and visitors.

(c) Maintaining the personal security of all persons present on university property and protecting the property of the university and of persons present on university property.

(2) In developing this rule, the university recognizes the constitutional freedoms guaranteed by the United States and Ohio constitutions, including freedom of speech, press and assembly. The university also recognizes the need to preserve and protect its property, students, guests and employees of the university, and to ensure the effective operation of educational, business and related activities of the university. Expressive activities on the university's campus may be subject to reasonable regulation with regard to the time, place and manner of the activities. University employees will not consider the content of expressive activities when enforcing this policy. No policy can address every possible activity or situation that may occur on university property, and the university reserves the right to address such situations as circumstances warrant.

(3) This rule does not apply to use of university facilities and grounds for official events sponsored by the university. Expressive activities carried out under this rule shall not be considered to be speech made by, on behalf of or endorsed by the university. This rule supersedes any provisions in any other earlier-adopted university policies that address similar or overlapping issues, such as use of outdoor spaces.

(B) Outdoor areas of campus generally available for use

(1) General access

(a) Any person or group may use, without prior notification, any publicly accessible outdoor area of the university's campus except parking lots, garages and driveways. Federal, state and local laws will be enforced as applicable. The use of walkways or other common areas may not block the free passage of others or impede the regular operation of the university.

(b) Use of the general access areas may include speaking, non-verbal expression, distributing literature, displaying signage and circulating petitions. There is no limit to the number of times a month a person or group may access those areas.

(c) During work and class hours or if the area is currently in use for an official university event, amplification may be restricted if it unreasonably interferes with university operations or noise ordinances are violated.

(2) Large groups

(a) Except in circumstances described in paragraph (B)(2)(b) of this rule, any person or group whose use of an outdoor area is expected or reasonably likely to have more than one hundred people must notify the university's police department at 216-687-2020 at least five business days before the day of the expressive activity, including information as to the specific location to be used for the event, the estimated expected number of persons, and the name and contact information of at least one person who can be contacted regarding logistics of the event, which shall include at least one person who will be personally present. Security and clean-up costs will not be charged to the person or group.

(b) Prior notice is necessary to ensure that there is sufficient space for the large group event, that the large group event does not conflict with any other scheduled use of the outdoor space, and that sufficient university resources are available for crowd control and security. If such advance notice is not feasible because of circumstances that could not be reasonably anticipated, the person or group shall provide the university with as much advance notice as circumstances reasonably permit.

(C) Student use

(1) In addition to the general right of access to outdoor areas of campus described above, any student or student organization may seek to reserve the use of specific outdoor areas by contacting conference services at 216-523-7203.

(2) Any request by a student or student organization to reserve such area or space shall be made at least one business day prior to the event. A request will be granted unless it would conflict or interfere with a previously scheduled event or activity or violate this rule.

(3) A student or student organization that has reserved a specific area or space under this rule will have priority over any other persons seeking to use the area or space during the scheduled time period. Any decision denying a request shall be promptly communicated in writing to the requester and shall set forth the basis for the denial. The content of the anticipated speech or other expressive activity shall not form the basis for a denial.

(D) Prohibited activities

(1) Any event or activity that significantly disrupts the ability of the university to effectively and peacefully teach students, provide client services, or conduct any of its other business and support operations is prohibited. Examples include but are not limited to excessive noise, impeding vehicle or pedestrian traffic, and conduct otherwise unlawful.

(2) No activity may damage university property. Prohibited actions include but are not limited to driving stakes or poles into the ground, affixing items to a building, and attaching anything to sidewalks, paved areas, or any part of any building, structure or fixture. This prohibition does not limit the otherwise authorized decoration of offices and residences by non-destructive means.

(3) Distribution or solicitation by placing any material on vehicles in the parking lots or garages is prohibited. Leaving trash, litter, materials or pollutants in any area is prohibited.

(E) Enforcement

Any person who violates paragraph (D) of this rule may be subject to an order to leave university property. Employees in violation of this policy may be subject to discipline. Students may be subject to charges under the code of student conduct.

(F) Procedures

The university administration may adopt procedures to administer this rule.

Last updated May 26, 2021 at 11:34 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-2-07 | Title IX policy.

• Effective: December 5, 2020
• Promulgated Under: 111.15

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Last updated May 6, 2021 at 9:58 PM

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-2-09 | Campus free speech policy.

• Effective: November 14, 2022
• Promulgated Under: 111.15

(A) Purpose.

Section 3345.0215 of the Revised Code requires each public university in Ohio to adopt a policy on campus free speech that is consistent with and adheres to the principles set forth in section 3345.0215 of the Revised Code.

(B) Definitions as used in this policy.

(1) "Faculty" or "faculty member" means any person, whether or not the person is compensated by the university, and regardless of political affiliation, who is tasked with providing scholarship, academic research, or teaching. For purposes of this part, the term "faculty" includes tenured and nontenured professors, adjunct professors, visiting professors, lecturers, graduate student instructors, and those in comparable positions, however titled. For purposes of this chapter, the term "faculty" does not include persons whose primary responsibilities are administrative or managerial.

(2) "Student" means any person who is enrolled on a full-time or part-time basis at the university

(3) "Student group" means an officially recognized group at the university, or a group seeking official recognition, comprised of admitted students that receive, or are seeking to receive, benefits through the university.

(4) "Free speech" means speech, expression, or assemblies protected by the First Amendment to the United States Constitution or Article 1, Sections 3 and 11 of the Ohio Constitution, verbal or written.

(5) "Constitutional time, place, and manner restrictions" means restrictions on the time, place, and manner of free speech that do not violate the First Amendment to the United States Constitution or Article 1, Sections 3 and 11 of the Ohio Constitution that are reasonable, content- and viewpoint- neutral, narrowly tailored to satisfy a significant institutional interest, and leave open ample alternative channels for the communication of the information or message to its intended audience.

(C) Policy.

(1) Pursuant to section 3345.0215 of the Revised Code, the university affirms the following principles on free speech:

(a) Students have a fundamental constitutional right to free speech.

(b) The university is committed to giving students broad latitude to speak, write, listen, challenge, learn, and discuss any issue, subject to division (E) of section 3345.0215 of the Revised Code.

(c) The university is committed to maintaining a campus as a marketplace of ideas for all students and all faculty in which the free exchange of ideas is not to be suppressed because the ideas put forth are thought by some or even by most members of the institution's community to be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

(d) It is for the universitys individual students and faculty to make judgments about ideas for themselves, and to act on those judgments not by seeking to suppress free speech, but by openly and vigorously contesting the ideas that they oppose.

(e) It is not the proper role of the university to attempt to shield individuals from free speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

(f) Although the university should greatly value civility and mutual respect, concerns about civility and mutual respect shall never be used by the university as a justification for closing off the discussion of ideas, however offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed those ideas may be to some students or faculty.

(g) Although all students and all faculty are free to state their own views about and contest the views expressed on campus, and to state their own views about and contest speakers who are invited to express their views on the universitys campus, they may not substantially obstruct or otherwise substantially interfere with the freedom of others to express views they reject or even loathe. To this end, the university has a responsibility to promote a lively and fearless freedom of debate and deliberation and protect that freedom.

(h) The university is committed to providing an atmosphere that is most conducive to speculation, experimentation, and creation by all students and all faculty, who shall always remain free to inquire, to study and to evaluate, and to gain new understanding.

(i) The primary responsibility of faculty is to engage an honest, courageous, and persistent effort to search out and communicate the truth that lies in the areas of their competence.

(2) Nothing contained in this policy shall be construed as prohibiting the university from imposing measures that do not violate the First Amendment to the United States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution such as:

(a) Constitutional time, place, and manner restrictions;

(b) Reasonable and viewpoint-neutral restrictions in nonpublic forums;

(c) Restricting the use of the universitys property to protect the free speech rights of students and teachers and preserve the use of the property for the advancement of the universitys mission;

(d) Prohibiting or limiting speech, expression, or assemblies that are not protected by the First Amendment to the United States Constitution or Article I, Sections 3 and 11 of the Ohio Constitution;

(e) Content restrictions on speech that are reasonably related to a legitimate pedagogical purpose, such as classroom rules enacted by teachers.

(3) Nothing in this policy shall be construed to grant students the right to disrupt previously scheduled or reserved activities occurring in a traditional public forum.

(4) Nothing in this policy shall be interpreted as restricting or impairing the universitys obligations under federal law including, but not limited to, Title IV of the Higher Education Act of 1965, Title VI of the Civil Rights Act of 1962, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, Age Discrimination in Employment Act, and the Age Discrimination Act of 1975 as addressed through its non-discrimination and Title IX policies.

(D) A student, student group, or faculty member may submit a complaint about an alleged violation of this policy by an employee of the university. Complaints alleging a faculty or staff member violated this policy should be submitted to the office of the general counsel at [e-mail] or the confidential reporting system located at www.csuohio.edu/police/anonymous-reporting. The process for reviewing complaints shall comply with standards adopted by the chancellor of the department of higher education and include an investigation of the alleged violation and a fair and impartial hearing regarding the alleged violation. If the outcome of the hearing is a determination that this policy was violated, the university shall determine a resolution to address the violation and prevent any further violation of this policy, which may include discipline of the employee, up to and including termination of employment.

Last updated November 15, 2022 at 8:59 AM

Supplemental Information

Authorized By: 3345.0215
Amplifies: 3345.0215