Chapter 3349-1 | University Rules

Rule 3349-1-01 | Rules of the board of trustees.

• Effective: October 11, 2021
• Promulgated Under: 111.15

(A) Article I

Enabling legislation

The Ohio General Assembly, through Ohio Amended Senate Bill 72 (with an effective date of November 23, 1973), created the Northeastern Ohio universities college of medicine (now the Northeast Ohio medical university) and empowered its board of trustees to govern and adopt its own rules.

(B) Article II

Statement of purpose

Vision: to be model of excellence in innovative education and impactful research to create transformational health care leaders of tomorrow.

Mission: Northeast Ohio medical university harnesses diversity, innovation and collaboration to create transformational leaders and improve health through education, discovery and service.

Core values: NEOMED incorporates the following values in all that we do:

(1) Leadership;

(2) Excellence,

(3) Advocacy,

(4) Diversity,

(5) Equity and

(6) Respect.

(C) Article III

Members of the board of trustees and their powers

(1) Section one - number of and types of members. The government of the university is vested in an eleven member board of trustees, who shall be appointed by the Ohio governor, with the advice and consent of the Ohio senate. Two of the eleven trustees shall be current students of the university appointed in accordance with division (B) of section 3350.10 of the Revised Code.

(a) Trustee emeritus: The university will confer a non-voting emeritus status upon a former NEOMED trustee in recognition of their exceptional service and contributions as a board member. This designation is meritorious and thus, expected to be limited in number. Emeritus trustees will receive privileges, including, but not limited to: recognition by a board resolution of emeritus board status; invitation to attend board meetings and university events, including commencement, with special seating privileges and introduction and recognition within the program; invitation to participate in ad hoc groups or committees where expertise may be beneficial. The duties of a trustee emeritus will be agreed upon by the board and the trustee emeritus for the benefit of the university.

(b) Advisory trustee: the university has established a non-voting position of an advisory trustee recognizing the specific knowledge, skills and professional experience that will enhance the Northeast Ohio medical university. Each advisory trustee will serve a non-voting three-year term and may be eligible for appointment to two consecutive terms (six years total). Privileges include: invitation to attend the university board meetings as well as annual retreat; invitation to attend executive sessions of the university board, as requested by the board chair; invitation to attend university events, including commencement, with special seating privileges, introduction and recognition within the program; and invitation to participate in ad hoc groups or committees where their skills, knowledge or expertise may be beneficial.

(2) Section two - term of office. Except as provided in division (A)(3) of section 3350.10 of the Revised Code and except for the student members, terms of office shall be for nine years. Each trustee shall hold office from the date of appointment until the end of the term for which the trustee was appointed. Except for the student trustees, who shall serve terms pursuant to division (B) of section 3350.10 of the Revised Code, the initial terms of office for trustees appointed under division (A)(2) of section 3350.10 of the Revised Code shall be as follows: one term ending after September 22, 2009; one term ending after September 22, 2010; one term ending after September 22, 2011; one term ending after September 22, 2012; one term ending after September 22, 2013; one term ending after September 22, 2014; one term ending after September 22, 2015; one term ending after September 22, 2016; one term ending nine years after September 22, 2017. Thereafter, terms of office shall be for nine years, as provided in division (A)(2) of section 3350.10 of the Revised Code.

(3) Section three - vacancies. Any trustee appointed to fill a vacancy occurring prior to the expiration of the term for which the trustee's predecessor was appointed shall hold office for the remainder of such term. Any trustee shall continue in office subsequent to the expiration date of the trustee's term until the trustee's successor takes office, or until a period of sixty days has elapsed, whichever occurs first. No person who has served a full nine-year term or more than six years of such a term shall be eligible for reappointment until a period of four years has elapsed since the last day of the term for which the person previously served.

(4) Section four - general powers. The board shall have the powers which are conferred upon it by the laws of the state of Ohio. It shall do all things necessary for the creation, proper maintenance and successful and continuous operation of the university and shall adopt, and from time to time as necessary, amend, alter or repeal, the rules and any regulations for the conduct of the board and the governance and conduct of the university. The board shall employ, fix the compensation of, and remove the president, and such number of deans, professors administrators, officers and other employees as the board may deem necessary.

(5) Section five - student trustees. Two of the trustees shall be current students of the university, and their selection and terms shall be in accordance with division (B) of section 3350.10 of the Revised Code. The student members shall have no voting power on the board. Student members shall not be considered as members of the board in determining whether a quorum is present. Student members shall not be entitled to attend executive sessions of the board, but may be invited to participate as directed by the board chair. The student members of the board shall be appointed by the governor, with the advice and consent of the senate, from a group of no more than five candidates selected pursuant to a procedure adopted by the university's student government and approved by the university's board of trustees. The initial term of office of one of the student members shall commence ninety days after September 22, 2008 and shall expire on June 30, 2009, and the initial term of office of the other student members shall commence ninety days after September 22, 2008 and shall expire on June 30, 2010. Thereafter, terms of office of student members shall be for two years, each term ending on the same day of the same month of the year as the term it succeeds. In the event that a student member cannot fulfill a two-year term, a replacement shall be selected to fill the unexpired term in the same manner used to make the original selection.

(6) Section six - compensation of trustees. Trustees shall receive no compensation for their services but shall be paid their reasonable expenses while engaged in the discharge of their official duties.

(7) Section seven - attendance at meetings. In accordance with section 3.17 of the Revised Code, trustees who fail to attend at least three-fifths of the regular and special meetings of the board during any two-year period forfeit the member's position on the board. Emergency meetings of the board shall not be counted in the attendance calculation. The secretary of the board shall keep an accurate attendance record and notify any member of the board and the chair of the board if any member is in jeopardy of such forfeiture.

(8) Section eight - virtual meetings. In accordance with section 3345.82 of the Revised Code, the Northeast Ohio medical university may conduct meetings of the board of trustees utilizing electronic communication in accordance with rule 3349-1-06 of the Administrative Code.

(D) Article IV

Officers of the board and their duties

(1) Section one - trustee officers.

(a) The trustee officers of the board are the chair and vice-chair. Nominations and the election of trustee officers may be made in any manner determined by a consensus of the board that is consistent with Ohio law and Robert's Rules of Order. Seniority, defined as length of service on the board, is one attribute that should be considered. Other attributes include, but are not limited to, skills necessary to perform the duties of a particular office, vision, level of interest and willingness to commit the necessary time to fulfill the duties of the office.

(b) A nominating committee will prepare a slate of candidates for chair and vice chair that will be presented to the board at its September meeting. Nominations, including self-nominations, from the floor will be considered prior to the vote. The chair and vice-chair shall be elected annually at the September meeting of the board.

(c) An officer will serve a one year term. If an officer has served for two consecutive terms, he/she may not be elected for a third consecutive one-year term in that office. An officer who has served two consecutive terms in a given office, may serve in that office again after a two-term hiatus.

(d) The term of office of any trustee officer of the board will expire at the conclusion of the September meeting or when a successor is elected. The term of the newly elected trustee officer will commence immediately following adjournment of the meeting at which they are elected and they shall hold office until the conclusion of the September meeting or a successor is elected.

(2) Section two - duties of the chair and vice-chair. The duties of the chair and vice-chair of the board shall be as follows:

(a) The chair shall preside at all meetings of the board and shall decide all questions of order. It shall be the chair's duty to see that the resolutions and documents of the board are properly executed. The chair may, for and on behalf of the university and the board, sign such instruments, contracts, minutes, resolutions, diplomas and other documents as authorized by the board. The chair, in consultation with the president, provides input for board agendas and key issues that may be considered by the board.

(b) The vice-chair, in the absence or disability of the chair, shall be vested with the powers and discharge the duties of the chair.

(3) Section three - non-trustee officers. The secretary and the treasurer, if so elected, need not be members of the board. The secretary and treasurer, if so elected, by the board shall serve in such capacity at the discretion of the board.

(a) Secretary

(i) The secretary or associate secretary shall receive and respond to routine correspondence, inquiries, and requests to the board with the copies thereof to the chair. The secretary or associate secretary shall receive all transmittals to the members of the board and shall be responsible for providing copies of same to all trustees to ensure all board members are apprised. Trustees will direct board-related requests and suggestions to the board secretary.

(ii) The secretary shall maintain and keep all records, books, deeds, contracts, documents and papers of the board. The secretary shall attend all meetings of the board and its committees and shall make and keep accurate and complete records of minutes of said meetings. The secretary shall, within two weeks of each meeting, or as soon thereafter as practical, transmit by mail or where appropriate through electronic means a copy of the record of the meeting to each member.

(iii) The secretary shall give notice to the members of the board and to the president of the university of all meetings of the board, and its committees. The secretary shall provide all other notices required by law and these rules. Notice may be provided by mail or electronic means.

(iv) Requests to address the board or any committee of the board shall not normally be considered unless submitted in writing to the secretary or associate secretary at least two weeks prior to any regularly scheduled meeting. Such requests shall include information requested by the secretary, including, but not limited to, the name of the person making the request, the purpose and subject matter of the request and a summary of the topic to be addressed.

The chair of the board, in consultation with the chair of any committee of the board and the president, as appropriate, shall, for and on behalf of the board or committee, determine if and when the matter should be scheduled upon the agenda of the board or committee of the board. In the event the chair determines not to schedule the matter on the agenda of the board or committee of the board, the chair shall direct the secretary or associate secretary to provide notice of such request to members of the board for their information.

The board chair has the authority to allow the person to speak and to limit the amount of time that person may speak. After the person finishes speaking, he/she will not be permitted to participate in the discussion unless that person is responding to a question from a trustee that would be directed first to the chair and then to the visitor.

If the request to address the board relates to a personnel matter or a legal matter that would normally be discussed during a closed "Executive Session," the board chair is authorized to deny the request to speak to the board, indicating the topic is not one that would be discussed in a public meeting.

(v) When requested by the chair of any committee of the board, and after consultation with the chair of the board of trustees the secretary, if so directed, shall likewise attend such meetings, make and maintain minutes of the meeting, as set forth in this paragraph.

(vi) The secretary shall perform the functions outlined in a job description approved by the board of trustees and report directly to the President as an employee of the University. The secretary shall have an indirect reporting relationship to the board and will facilitate board meetings and communications and perform other functions as set forth in the job description.

(b) Treasurer

(i) A treasurer, if so elected, shall keep the financial books and records of the university, deposit university funds and make appropriate payments, maintain proper records of monies received and spent and submit to the board an annual statement of accounts and perform such other duties as the board may designate.

(ii) The treasurer, before entering upon the discharge of his duties, shall give bond to the state of Ohio or the university shall secure insurance to assure the faithful performance of duties and the proper accounting for all monies coming into his or her care. The amount of the bond or insurance shall be determined by the board, providing that it shall not be for a sum less than the estimated amount of money that may come into the treasurer's control at any time.

(iii) The treasurer reports to the president and works in close cooperation and coordination with the board of trustees.

(E) Article V

The university president

(1) Section one - chief executive and chief academic officer. The president is the chief executive and chief academic officer of the university and reports to the board in that capacity. As such the president is charged with the responsibility and is vested with the authority to lead the university; properly promulgate those administrative and academic policies that will support the proper functioning of the university; develop and implement a university strategic plan; oversee all of the university's administrative and academic operations; act as the university's spokesperson (or designee); and perform such other duties as may be delegated by the board. The board hereby authorizes the president to execute all contracts, leases and other documents on behalf of the university. The board further authorizes such administrative officers of the university as identified by the president to execute contracts and other documents on behalf of the university.

(2) Section two - meetings of the board and committee membership. The board hereby grants to the president the right to attend all meetings of the board, except those meetings where he/she may have a perceived or real conflict of interest. The president is hereby invested with ex-officio membership on all board committees.

(3) Section three - communications with the board. The president will keep the board appropriately informed about significant issues affecting the university; and of public events and opportunities where trustee presence will further the interests of the university. The trustees shall refrain from representing the university without the president's knowledge and involvement; and they will communicate with the president in a timely manner if significant information or issues are brought to their attention by someone other than the president or another administrative officer in the normal course of business.

(4) Section four - performance review. The annual presidential performance review will be conducted by the full board in an executive session at the last regularly scheduled meeting of the fiscal year. The board will review the performance of the president based on the goals submitted by the president and reviewed and approved by the board. The process for the review will include a self-assessment by the president; goal setting for the coming fiscal year; a discussion between the president and the board; and a private session in which feedback to the president is provided by the chair and vice chair of the board immediately following the meeting at which the performance review is conducted. Any changes in compensation will be approved by the board at an open and public session of the board. The general counsel and board secretary will provide staff support for the performance review process.

(F) Article VI

Legal counsel

The general counsel of the university, when designated as an assistant attorney general for the state of Ohio, shall act as counsel to the board of trustees and is authorized to practice law on behalf of the university. The board of trustees, its individual members, the president of the university and those so designated by the foregoing are entitled to privileged attorney-client communications with the general counsel.

(G) Article VII

Meetings of the board

(1) Section one - regular meetings. Regular meetings of the board shall be held at least four times a year.

(2) Section two - special meetings. Special meetings may be called at the discretion of the chair. In addition, the chair shall call a special meeting upon the written request to the chair of any three trustees or the president. The notice for the special meeting shall specify the date, time, place and purpose thereof. The chair shall cause the secretary to give notice of the special meeting no less than seventy-two hours prior to the time of the commencement of the meeting. Notice may be given in oral or written form by telephone, facsimile, hand delivery, regular mail or by e-mail if so authorized by the member or those persons entitled to notice.

(3) Section three - emergency meetings. An emergency is an unforeseen combination of circumstances or the resulting state that calls for immediate official action. An emergency meeting may be called by the chair, by any three trustees or the president in consultation with the chair. The individual calling the meeting shall direct the secretary to notify immediately those persons entitled to notice of the date, time, place and purpose of the meeting. Said notice may be in either oral or written form; it may be served either in person or by telephone, facsimile, hand delivery, regular mail or e-mail. Emergency meetings are specifically excluded from the attendance requirement set forth above.

(4) Section four - conformance with the Ohio public meeting act. All regular, special, emergency, committee meetings and executive sessions of the board shall be held in conformance with the requirements of Ohio law governing public meetings. Public meetings shall not include attendance by a majority of board members of the board or a majority of board members of any committee or subcommittee of the board at information sessions, campus events, social or other activities which do not involve a prearranged discussion of university business by such members of the board.

(5) Section five - public notice of meetings.

(a) Any person or news medium may receive notification of the date, time and place of all regularly scheduled or emergency board meetings and the date, time, place and purpose of all special board meetings; by delivering an oral or written request to the secretary of the board. Oral requests may be made in person or via electronic means during normal business hours.

(b) Any news media representative may obtain notice of the date, time, place and purpose of all special meetings of the board by requesting in writing that such notices be provided. All requests for such notification shall be addressed to the secretary of the board of trustees.

(6) Section six - order of business. Unless otherwise specifically stated in the notice of meeting, any business may be transacted at any meeting of the board. Usually the order of business of all regular meetings of the board will be as follows unless otherwise designated by the chair:

(a) Roll call;

(b) Review of agenda and recusal (as necessary);

(c) Disposition of minutes of previous meeting(s);

(d) Guest speaker/presentation (as necessary);

(e) Reports of the standing committees of the board;

(f) Report of the president;

(g) Report of the vice presidents (as necessary);

(h) Old business;

(i) New business;

(j) Election of officers (as necessary);

(k) Administrative appointment (as necessary);

(l) Executive session (as necessary);

(m) Adjournment.

(7) Section seven - quorum and voting. A majority of the number of trustees of the board fixed by law must be present in person at such meeting in order to constitute a quorum for the transaction of business. Except as otherwise specifically provided by statute or these rules, the act of a majority of the trustees present at any meeting at which a quorum is present shall be the act of the board of trustees. In the absence of a quorum, a majority of those present may adjourn a meeting from time to time until a quorum is had.

(8) Section eight - seconding of a motion. In accordance with Robert's Rules of Order, when a motion emanates from a committee report which contains a recommendation, the recommendation is made as a motion at the conclusion of the committee chair's (or designee) presentation. No second is required for such a motion, since it is made on behalf of the committee.

(9) Section nine - record of meetings. A record of all board meetings shall be made and kept by the secretary of the board and made available to the public upon request.

(10) Section ten - rules of order. Robert's Rules of Order shall be accepted as authority on all questions of parliamentary procedure not determined by the most current version of the rules.

Any motion shall be reduced to writing upon request of a trustee. The general counsel, or another person designated by the chair, will act as a parliamentarian and will be available to consult with and advise the board on all matters of parliamentary procedure.

(H) Article VIII

Contracts, loans, checks and deposits

(1) Section one - contracts. The board may authorize, the president or other university officers to prepare proposals for contracts with any person, firm or other entity, sign contracts between the board and any such person, firm or other entity, execute bonds and undertakings required for the faithful performance of such contracts and deliver vouchers and receipts in connection therewith.

(2) Section two - loans. No loans shall be contracted on behalf of the board and no evidence of indebtedness shall be issued in its name unless authorized by the board.

(3) Section three - checks, drafts, etc. All checks, drafts, or other orders for the payment of money, bills of lading, warehouse receipts, obligations, bills of exchange or insurance certificates shall be signed or endorsed by such officer or officers, agent or agents of the board and in such manner as shall be determined by resolution of the board from time to time.

(4) Section four - deposits and accounts. All funds of the university, not otherwise employed, shall be deposited from time to time in general or special accounts in such banks, trust companies or other depositories as the board may select, or as may be selected by an officer or officers, agent or agents of the board to whom such powers may from time to time be delegated by the board and under such restrictions or terms or conditions as the board may prescribe. For the purpose of deposit and for the purpose of collection for the account of the university, checks, drafts, and other orders for the payment of money which are payable to the order of the university may be endorsed, assigned and delivered by any officer or agent of the board.

(I) Article IX

Committees

(1) Section one - standing committees of the board.

(a) The standing committees of the board and the matters committed to their charge shall be as set forth in this paragraph. The chair of the board shall appoint trustees to these committees with input from the president. The chair of the board shall be an ex officio member of all committees. The chair of the board has the same rights as other committee members. The president of the university shall be an ex officio, non-voting member of the standing committees.

(b) Insofar as practicable, the committees shall be constituted and committee chairs appointed by the newly elected chair of the board within the first thirty days after the September board meeting. Committee members and chairs shall serve until their successors are appointed.

(c) The chair of the board shall appoint a chair and may appoint a vice-chair of each committee. The chair of the board should consider the senior members of the board for these positions. If the chair of the committee is unavailable to chair the meeting, then the vice-chair shall conduct the meeting. If the chair and vice-chair are not available, then the chair of the board of trustees may preside over the committee meeting if matters must be timely considered, or the chairperson of the board may appoint a chair pro tem to preside over the committee meeting.

(d) The chair of the board may appoint the members of the committee, including a temporary appointment of a trustee who may take the place of any absent member of the committee for purposes of satisfying the quorum requirements or voting requirements for the period stated by the chair.

(e) The president shall designate an appropriate administrative staff member who will assist the chair of each standing committee in the preparation of the agenda and supporting documentation. The chair shall allow sufficient time for the preparation of this documentation in accordance with the notice provisions contained in paragraph (F) of rule 3349-1-01 of the Administrative Code. Supporting documentation for all actions requiring board approval will be delivered to the members a minimum of five working days in advance of the meeting.

(f) The chair may also appoint special committees and task forces as necessary. In discharging their responsibilities, the committees shall conform to the policies established by the board, report their recommendations to the board, and refer to the board all matters of broad significance to the university.

(2) Section two - responsibilities of standing committees.

(a) The executive committee shall consist of the chair of the board, the vice-chair, and two additional board members, one of whom shall be the immediate past chair, if available. It shall provide oversight on behalf of the board and recommend actions for consideration, as necessary, by the full board. The chair of the board shall serve as chair of the executive committee unless the chair designates another member of the committee to serve in that capacity.

(b) The academic and scientific affairs committee shall discharge the supervisory duties as prescribed by the board with respect to matters pertaining particularly to educational and research programs. The board of trustees hereby acknowledges that the president, in conjunction with the faculty will work together to develop and implement new programs and to implement changes to existing programs. The board also notes that if the president deems it advisable or necessary to seek the endorsement, consensus or approval of the board for a specific, significant, or unique programmatic approach, the board will do so upon the recommendation of the president. The academic and scientific affairs committee review and recommend to the board awarding of degrees to students from the university and monitor the academic policies of the university.

(c) The finance, fiscal rule and investment committee shall discharge the duties as prescribed by the board with respect to the financial affairs of the university including consideration and recommendation of all rule matters relating to the university budget and financial operations; internal and external audit functions and reporting; personnel matters; facilities planning and oversight that involve the expenditure or commitment of funds related to capital planning and capital projects for the university. The internal auditor reports to the president who will present any significant findings to the board unless the president has a conflict of interest. In the event of a presidential conflict of interest, the matter will be referred to the chair and the vice-chair of the board.

As required by divisions (C) and (D) of section 3345.05 of the Revised Code, the finance, fiscal rule and investment committee shall serve as the university's investment committee. As such it shall meet at least quarterly. The committee shall review and recommend revisions to the board's investment rule and shall advise the board on its investments. The committee shall be authorized to retain the services of an investment advisor who meets the qualifications set forth in the university's investment rule and in accordance with division (D) of section 3345.05 of the Revised Code.

(d) The institutional advancement committee includes the responsibility for the activities of the university advancement including resource development, communications, public relations and alumni relations. It shall be responsible for advising the board on rule formulation, strategies and priorities for increasing the financial resources of the university in keeping with its long-range programmatic and capital plans.

The committee partners with and supports the development efforts of the Northeast Ohio medical university foundation. The chair of the institutional advancement committee may serve as a liaison to the NEOMED foundation board and provide strategic direction on behalf of the NEOMED board of trustees.

In addition, committee will assist the president in establishing liaisons with foundations, business and industrial organizations to the mutual benefit of such organizations together with the university. These relationships may involve programs or research projects which support scientific requirements in which the faculty and staff of the university have expertise.

(e) Nominating committee is a three member committee. Membership on the nominating committee will include a trustee whose term on the board is expiring, a trustee who has indicated no desire to serve either as chair or vice chair, and one other member. The chair of the committee will be the trustee whose term is expiring. The chair of the nominating committee will appoint the other members of the committee in consultation with the chair of the board.

(f) Trustee committee

The executive committee shall appoint the trusteeship committee that will meet on an "as needed" basis to:

(i) Consider proposed changes in the rules of the board, and make recommendations to the board, as appropriate, for its attention or action;

(ii) Provide for periodic board self-evaluation and assessment;

(iii) Consider other matters as appropriate to a trusteeship committee, or as assigned by the executive committee or the board.

(3) Section three - the board may establish such ad hoc and standing committees as it may deem appropriate, to make recommendations to the board.

(4) Section four - the chair of the board may appoint non-trustees to serve on committees of the board of trustees. However, since the governing power of the board is not delegable the non-trustee members do not have the right to vote. It is permissible to have non-trustees serve in an advisory capacity on all committees.

(J) Article X

Conflict of interest, conflict of loyalty

No trustee shall participate in deliberations or vote on a university contract, action or transaction when the trustee has a financial, personal or fiduciary interest in any person or entity affected by such contract, action or transaction. The board will consistently follow protocols for addressing conflicts. The trustee having the prohibited interest shall make full disclosure thereof and shall abstain from any deliberations and vote on any such matter. If a trustee recuses himself or herself, that trustee may be asked to leave the board room during the discussion and votes on that matter. Any contract, action or transaction in which one or more trustees have a prohibited interest may be approved by an affirmative vote of a majority of voting trustees who are not interested in the contract, notwithstanding the fact that the disinterested trustees constitute less than a quorum of the trustees.

(K) Article XI

Amendment

The rules may be altered, amended or repealed, and new rules may be adopted, by the affirmative vote of a majority of the trustees, provided that the notice of any meeting at which such action is proposed to be taken shall state the substance of the rule to be made or repealed or the alteration or amendment. Unless waived in writing by all trustees, notice of any such meeting shall be mailed, delivered personally or by any appropriate electronic means to each trustee at least thirty days before the date of the meeting.

Last updated September 27, 2024 at 8:41 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-1-04 | Trustee emeritus.

• Effective: June 7, 2021
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to establish a mechanism through which the university can recognize the exceptional service and contributions of past members of its board of trustees with the designation of emeritus status. By conferring emeritus status upon a former NEOMED trustee, the university can express its gratitude for the valuable effort provided by the trustee, while fostering an ongoing relationship between the trustee and the university.

(B) Scope

This rule applies to former members of the NEOMED board of trustees.

(C) Rule

(1) Qualifications for emeritus designation

(a) A former trustee who has faithfully discharged his/her duties through no less than six years of service as a trustee will be considered for emeritus status.

(b) This designation is reserved for a board of trustee member who has provided significant and substantive service to benefit the university and enhance its educational, training and public service mission by engaging in the following activities:

(i) Attending, at a high ratio, board and committee meetings, retreats, state meetings, and other activities that foster board engagement, development, and active participation;

(ii) Being recognized as an advocate for the university and its students through attendance and visible involvement in university events and student-centered activities;

(iii) Exhibiting dedication to students and the university by attending and engaging in university events including commencements and foundation-related events; or

(iv) Contributing monetarily in support of university initiatives as well as those of the university's foundation.

(c) The trustee must have demonstrated a history of professional accomplishment and community engagement that would warrant external recognition, inuring significant honor and distinction to both the trustee and the university.

(d) The award of emeritus status is meritorious and thus, expected to be limited in number.

(2) Nomination process

(a) The president may nominate a former trustee who meet the requisite qualifications to the executive committee for review and consideration of the emeritus status. Upon reviewing the nomination, the executive committee shall make a recommendation to the full board of trustees that a resolution be prepared and presented for a vote to confer the designation of emeritus status upon the nominee.

(b) The trustee emeritus designation may be awarded after the conclusion of the final term of the board member. The recipient will be deemed ineligible for reappointment to the NEOMED board of trustees by the appointing authority after awarded emeritus status.

(c) Should a trustee emeritus later be found to have engaged in conduct unbecoming of this esteemed designation, the president may seek to remove the emeritus status by making a recommendation to the board of trustees for its review and consideration.

(3) Privileges of a trustee emeritus

A trustee emeritus will enjoy the following privileges, including, but not limited to:

(a) Recognition by a board resolution of emeritus board status; presentation of a framed resolution;

(b) Invitation to attend university events, including commencement, with special seating privileges and introduction and recognition within the program; and

(c) Invitation to participate in ad hoc groups or committees where expertise may be beneficial.

(4) Duties of a trustee emeritus

Those duties agreed upon by the board and the trustee emeritus for the benefit of the university.

Last updated September 27, 2024 at 9:06 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-1-05 | Advisory trustee.

• Effective: October 11, 2021
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to establish the non-voting position of an advisory trustee through which the university can engage individuals with specific knowledge, skills and professional experience that will enhance the northeast Ohio medical university.

(B) Scope

This rule applies to individuals with regional or national experience that may add value to the NEOMED board of trustees.

(C) Rule

(1) Qualifications for advisory trustee designation

(a) An individual who would be able to provide significant and substantive service to benefit the university and enhanced its educational, training and public service mission by having:

(i) Success in his/her chosen field or business;

(ii) Obtained state or national prominence; or

(iii) A willingness and ability to render advice and guidance in their field of expertise.

(b) The trustee must have demonstrated a history of professional accomplishment and community engagement, which warranted external recognition, inuring significant honor and distinction to both the trustee and the university.

(2) Nomination process

(a) The president may nominate an individual who meets the requisite qualifications to the executive committee for review and consideration of the advisory trustee status. Upon reviewing the nomination, the executive committee shall make a recommendation to the full board of trustees that a resolution be prepared and presented for a vote to confer the designation of advisory trustee upon the nominee.

(b) The advisory trustee designation may be awarded at the June board meeting with the term to begin the following fiscal year. Each advisory trustee will serve a non-voting three-year term and may be eligible for appointment to two consecutive terms (six years total).

(c) A maximum of three advisory trustees are authorized by the university to serve at any one time and will be appointed for staggered terms.

(d) Reasonable travel expenses for advisory trustees will be reimbursed consistent with the rule for voting members of the board of trustees.

(e) Should an advisory trustee later be found to have engaged in conduct unbecoming of this esteemed designation, the president may seek to remove the advisory trustee status by making a recommendation to the board of trustees for its review and consideration upon the vote of a majority of the board.

(3) Fiduciary obligations and conflict of interest

(a) No trustee shall participate in deliberations or vote on a university contract, action or trans-action when the trustee has a financial, personal or fiduciary interest in any person or entity affected by such contract, action or transaction. The board will consistently follow protocols for addressing conflicts. The trustee having the prohibited interest shall make full disclosure thereof and shall abstain from any deliberations and votes on any such matter. If a trustee recuses himself or herself, that trustee may be asked to leave the board room during the discussion and votes on that matter.

(b) Any contract, action or transaction in which one or more trustees have a prohibited interest may be approved by an affirmative vote of a majority of voting trustees who are not interested in the contract, notwithstanding the fact that the disinterested trustees constitute less than a quorum of the trustees.

(4) Privileges of an advisory trustee

An advisory trustee will enjoy the following privileges, including, but not limited to:

(a) Invitation to attend the university board meetings as well as the annual retreat;

(b) Invitation to attend executive sessions of the university board, as requested by the board chair;

(c) Invitation to attend university events, including commencement, with special seating privileges and introduction and recognition within the program; and

(d) Invitation to participate in ad hoc groups or committees where their skills, knowledge or expertise may be beneficial.

Last updated September 27, 2024 at 9:09 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-1-06 | Virtual meetings rules for NEOMED board of trustees.

• Effective: October 11, 2021
• Promulgated Under: 111.15

(A) Purpose

The purpose of this policy is to establish a process through which the university can conduct its board of trustees meetings utilizing electronic communication in accordance with section 3345.82 of the Revised Code.

(B) Scope

This policy applies to the NEOMED board of trustees.

(C) Definitions

"Electronic communication" refers to live, audio-enabled communication which permits the trustees attending a meeting at a remote location, the trustees in person at the place where the meeting is conducted, and all members of the public present in person at the place where the meeting is conducted to simultaneously communicate with each other during the meeting.

(D) Policy

(1) NEOMED trustees may participate virtually in the regularly scheduled board meetings for no more than two meetings per calendar year, with in-person participation at all other regularly scheduled meetings.

(2) Any meeting conducted utilizing electronic communication must include all of the following:

(a) In-person attendance by no less than one-third of the trustees;

(b) All votes conducted by roll call vote; and

(c) Notification from any trustee who intends to attend a meeting via electronic communication to the board chair and board secretary no less than two weeks before the meeting, except in the case of a declared emergency.

(3) In accordance with section 121.22 and sections 3335.06 and 3343.04 of the Revised Code, a trustee who attends a meeting via means of electronic communication is considered to be present at the meeting, is counted for purposes of establishing a quorum, and may vote at the meeting.

Last updated September 27, 2024 at 9:16 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-1-105 | Administration of surveys.

• Effective: October 3, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to provide guidance and oversight in the management of surveys that have NEOMED students as their target population. By requiring that these surveys be registered, the university will be better able to guard against the over-surveying of students, manage the frequency and timing of Surveys, and maintain an up-to-date catalog of all surveys being disseminated to NEOMED students.

(B) Scope

This rule applies to all persons, internal and external to NEOMED, who wish to survey NEOMED students. This rule does not pertain to: Surveys originating from accrediting bodies; course event RSVPs; polls or election ballots; intra-course or workshop instruments that are considered assignments (e.g., self-assessments, peer evaluations); or course and instructor evaluations.

(C) Definitions

(1) "Survey" refers to the gathering of information through written (electronic) questionnaires that are distributed to NEOMED students and is inclusive of IRB-approved research survey instruments.

(2) "NEOMED Community" refers to NEOMED students, faculty, and staff.

(3) "Survey registration form" refers to the online form that collects information about Surveys that target NEOMED students.

(4) "Institutional review board" ("IRB") refers to the university body that governs research in which human subjects are involved to ensure that the rights and welfare of those participants are protected while participating in such research.

(5) "Research" refers to a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Activities that meet this definition constitute research for purposes of this rule, whether or not they are conducted or supported under a program that is considered Research for other purposes. For example, some demonstration and service programs may include research activities. (Language taken from the NEOMED IRB procedure manual).

(D) Procedure statement

(1) Survey registration

(a) For surveys that have the potential to involve human subjects research, those wishing to conduct a survey must confer with the NEOMED IRB for review and approval. If the survey study constitutes research, the party must forward evidence to the office of institutional research that IRB approval was granted.

(b) Completion of the survey registration form is required for surveys being administered to NEOMED students. Information entered into the survey registration form will become part of a catalog of all surveys administered to NEOMED students.

(c) College-specific review of survey registration forms must be completed before any survey can be disseminated to NEOMED students. The institutional research office will coordinate the review with the colleges whose students are the target audience of the survey.

(d) Review of survey registration forms by institutional research and the respective college(s) will be done within five business days from the submit date. Parties wishing to conduct surveys should therefore complete the survey registration form as early as possible before the desired launch date. The institutional research office will communicate the results of the review to the party submitting the survey registration form.

(e) Review of prospective surveys are done to ensure they are not an unnecessary burden on the target population whether from redundancy of content or conflicts with other events in the academic calendar. The review will consider, at a minimum, the following matters:

(i) The purpose of the survey;

(ii) The target recipients to the survey;

(iii) The timing of the survey administration;

(iv) The frequency of survey re-administrations; and

(v) Whether recent surveys had overlapping purpose(s).

(2) Survey administration

The institutional research office provides overall administrative oversight for campus survey use. Although parties seeking to conduct surveys are expected to build their own survey instruments, the institutional research office is available for advice and consultation on survey development. College-level personnel will also respond to survey-related questions from members of their college.

(a) NEOMED community members, except in exceptional circumstances, are expected to build their surveys in qualtrics, which is the university-designated survey platform. Having a single survey platform allows for consistency in data collection and analysis, saves time and resources, improves data security, and allows for more efficient monitoring of survey traffic on campus.

(b) All NEOMED community members, who have NEOMED email accounts, can get a free qualtrics account by contacting their college-level qualtrics administrator, or the institutional research office if the community member is not affiliated with a college.

(3) If incentives are offered, the survey tool should acknowledge to all survey recipients that the incentives do not compromise the confidentiality or anonymity of the response.

Failure to adhere to the terms of this rule may result in the inability to conduct future surveys on NEOMED students. Research misconduct as well as any other survey-related misconduct will be handled in accordance with rule 3349-20-62 of the Administrative Code, the university faculty bylaws, the employee handbook and the student handbook, as appropriate.

Last updated October 3, 2024 at 8:50 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-1-110 | Electronic signatures.

• Effective: October 14, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to allow for the use of electronic signatures by methods that are practical and secure, streamline administrative processes, and comply with applicable law.

(B) Scope

This rule applies to all university employees, students, or other individuals using electronic signatures to conduct university business.

(C) Definitions

(1) "Authorization" means an individual has verified permission and requisite authority to sign a record, electronic or otherwise, and/or perform certain operations, including executing agreements to bind the university.

(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

(4) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record or executed or adopted by a person with the intent to sign the record.

(5) "Electronic transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records.

(6) "Permission and requisite authority" means the university official charged with obtaining the signature in the course of executing the specific administrative task on behalf of the university in performance of his/her regular job-related duties shall assume responsibility for defining and executing the practice of using electronic signatures as defined in this rule.

(D) Rule statement

(1) An electronic signature may be accepted in all situations when the requirement of a signature or approval is stated or implied, except when law or regulation specifically requires a handwritten signature.

(2) The university official charged with executing the administrative task on behalf of the university may identify specific transactions to be executed by electronic signature.

(3) The university official charged with executing the administrative task on behalf of the university may identify specific transactions that shall not be executed by electronic signature.

(4) Nothing in this rule shall limit the university's right or option to conduct a transaction on paper or in non-electronic form, nor affect the university's right or obligation to have documents be provided or made available on paper when required by applicable policies, laws, or regulations.

(5) The university may specify the type of electronic signature required and the manner and format in which the electronic signature must be affixed to the electronic record, and the identity or, or criteria that must be met by, any third party used in facilitating the process.

(6) An electronic signature may not be valid if the individual who signed using such signature did not have authorization by the university to sign an electronic record.

(a) Appropriate procedures must be used to confirm the individual signing the record has the required signature authority.

(b) An electronic signature used by a person without the authority to sign such record, or used on a record for which electronic signature, is not approved by the university, shall not be considered binding on the university.

(7) Falsification of electronic records or electronic signatures is prohibited. It is a violation of this rule for an individual to sign as if they were another individual, and any documents executed under such false pretenses is null and void at the discretion of the university.

(8) Violations

(a) Employees who violate this rule are subject to disciplinary action up to and including termination of employment, and/or potential criminal sanctions under applicable federal, state, and local law.

(b) Students and prospective students who violate this rule are subject to disciplinary action under the student conduct code, and/or potential criminal sanctions under applicable federal, state, and local law.

(c) Other individuals to whom this rule applies who violate this rule are subject to appropriate sanctions, including but not limited to, termination of the relationship and/or potential criminal sanctions under applicable federal, state, and local law.

Last updated October 15, 2024 at 10:42 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-1-125 | Public records.

• Effective: October 14, 2024
• Promulgated Under: 111.15

(A) Purpose

This rule is designed to assist in facilitating prompt access to public records and to ensuring compliance with the Ohio public records act.

(B) Scope

This rule applies to all individuals who manage records of the university.

(C) Definitions

(1) "Records retention schedule" refers to an institutional resource that provides guidance to the university community on the appropriate retention and disposition of records.

(2) "Public record" refers to records that are subject to release under the Ohio public records law.

(3) "Record" refers to any document, device, or item, regardless of physical form or characteristic, including an electronic record, that is created, received by, or comes under the purview of the university which serves to document the organization, its functions, policies, decisions, procedures, operations or other activities of the university.

(D) Rule

(1) Processing requests

(a) The office of the general counsel is the designated office for receiving and reviewing all public records requests. Requests can be made in person, by telephone, or in writing, including email.

(b) If another university department or office receives a public records request, that department or office should refer the request to the office of the general counsel.

(c) Although no specific language is required to make a public records request, the requester must identify the record(s) requested with sufficient clarity to allow the university to identify, retrieve, and review the records.

(d) The requester does not have to put a public records request in writing and does not have to provide their identity or the intended use of the requested public record(s). The university is permitted to ask for a written request, the requester's identity, and/or the intended use of the information in certain circumstances.

(e) The university is not obligated to create a new record containing the information requested or to perform research in response to a public records request.

(f) The university is not obligated to continue to update the requestor if new records are created after the record(s) are provided to the requestor.

(g) A university employee may accompany the requester while the requestor is inspecting university records.

(h) The university may not limit the number of public records requests that a single individual can make, nor limit the number of public records that will be made available during a fixed period of time.

(i) When a public records request is made to examine a personnel file of a current employee, the university will make a good faith effort to inform the employee whose file is the subject of the request.

(j) Requests for the release of records that are made through releases, subpoenas, or discovery efforts will be managed by the office of the general counsel and the affected department or office where the records are located.

(2) Electronic records

(a) Electronic records, such as email, text messaging, and instant messaging, including those sent and received via a hand-held communications device, are to be treated in the same fashion as records in other formats (i.e. paper, audiotape).

(b) All university employees are required to manage their email and other electronic records in accordance with the northeast Ohio medical university (NEOMED) records retention schedule and rule 3449-3-175 of the Administrative Code.

(c) Content transmitted to or from private accounts or personal devices that constitutes a public record is subject to disclosure.

(3) Response timeframe

(a) NEOMED public records are to be available for inspection during regular business hours.

(b) Public records must be made available for inspection promptly and copies of public records must be made available within a reasonable period of time.

(4) Denial and redaction of records

(a) Ambiguous or overly broad requests may be denied. The university will provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained and accessed by the university.

(b) Certain records, or portions of a record, are exempt from disclosure. Exempt portions of a record will be redacted. Any redactions will be plainly visible and explained to the requester with citation to the associated legal authority.

(5) Costs for copying and mailing of records

The university may require prepayment of costs associated with producing copies and delivery and may charge only its actual cost of producing copies of the records, including copying and mailing expenses.

(6) Managing records

Records are subject to the NEOMED records retention schedule and are managed in accordance with rule 3449-3-175 of the Administrative Code.

Last updated October 15, 2024 at 10:42 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015

Rule 3349-1-140 | Tobacco-free rule.

• Effective: October 14, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to implement a campus wide tobacco-free rule consistent with the provisions set forth in Chapter 3794. of the Revised Code and the Ohio board of regents resolution promoting tobacco free Ohio campuses, issued on July 23, 2012.

(B) Scope

This rule applies to all individuals who are present on the university campus, including but not limited to employees, students and visitors who may be located inside or outside of any buildings, residences, or parking lots located on the university campus.

(C) Definitions

(1) "Smoking" refers to inhaling, exhaling, burning, or carrying any lighted or heated product intended for inhalation in any manner or any form. "Smoking" also includes the use of an apparatus, including but not limited to, an electronic smoking device, mod box, or electronic nicotine delivery system that creates an aerosol or vapor, in any manner or in any form, or the use of any other smoking device for the purpose of circumventing the prohibition of smoking in this rule. "Smoking" does not include the burning of incense in a religious ceremony.

(2) "Tobacco use" for the purposes of this rule means the use of nicotine, tobacco-derived or containing products, and plant-based products including products intended to mimic tobacco products, oral tobacco, or other similar products.

(D) Rule

(1) Restrictions. To protect the health and safety of our faculty, staff, students and visitors, all property on the university campus is designed as a non-smoking, tobacco-free area. Smoking or tobacco use is prohibited anywhere on the NEOMED campus. This rule is applicable to the inside and outside of all buildings, any parking areas, all vehicles on campus and any personal residence.

Consistent with this rule, university groups or members of the public that schedule indoor or outdoor spaces for approved functions on the university campus are prohibited from allowing smoking or permitting tobacco use during their function.

(2) Enforcement. People who repeatedly refuse to abide by the tobacco-free environment established by this rule will be referred to the following reporting authorities for further action:

(a) Students will be reported to the chief student affairs officer for handling in accordance with the student handbook.

(b) Faculty and staff will be reported to human resources for handling in accordance with the university faculty code of professional conduct or the employee handbook, as appropriate.

(c) Visitors, contractors and guests who are in violation of this policy should be immediately reminded of it and directed to comply. Continued violation of this policy may result in further action as deemed necessary by the appropriate personnel.

Last updated October 15, 2024 at 10:43 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/12/2015

Rule 3349-1-143 | Procedure for the request, use and disposal of cadaveric tissue on the NEOMED campus.

• Effective: October 14, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to ensure the proper management and disposal of cadaveric tissue within the university.

(B) Scope

This rule governs the acquisition of cadaveric tissue to be used and disposed on the Rootstown campus as part of any research or educational presentation.

(C) Definitions

(1) "Cadaveric tissue" refers to tissue, including parts thereof, from a cadaver, or the dead body of an animal or human. Cadaveric tissues can be fixed or unfixed.

(2) "Fixative" refers to a substance that is added to products such as biological samples, or tissue to prevent decomposition by microbial growth or by undesirable chemical changes.

(3) "IACUC" refers to the institutional animal care and use committee.

(4) "Preservative" refers to a substance that is added to products such as biological samples, or tissue to prevent decomposition by microbial growth or by undesirable chemical changes.

(D) Procedure

(1) Notification and request to use procedures

(a) Any person seeking to bring non-human cadaveric tissue to the Rootstown campus must provide written notification to the institutional animal care and use committee (IACUC) regarding the acquisition of the cadaveric tissue before it is brought to and used on campus. The IACUC must also approve all cadaveric tissue requests, from both NEOMED and non-NEOMED individuals who wish to use tissue from cadavers of animals previously utilized in NEOMED research.

(i) Any individual intending to use non-human cadaveric tissue must inform the IACUC in writing of the plan to do so. This communication must contain the following information:

(a) Type of tissue to be acquired;

(b) Amount of tissue requested;

(c) Source of the tissue (Note: if an abattoir is to be used, please include the facility's United States department of agriculture registration number);

(d) Description of how the tissue is preserved (if applicable);

(e) Where the tissue will be used;

(f) Brief description of the proposed tissue use;

(g) How will the tissue be disposed of (coordinated via the safety office per paragraph (B) of this rule; and

(h) A statement must be included that states the animal were not euthanised specifically for the intended purpose.

(ii) The communication shall be addressed to the current IACUC co-chair via e-mail or written correspondence, with a copy sent to the regulatory affairs coordinator in the comparative medicine unit (CMU). All such communications should be forwarded to the regulatory affairs coordinator.

(iii) The IACUC co-chair will review the request and send their acknowledgment, or request for additional information, to the regulatory affairs coordinator. Once acknowledged, the regulatory affairs coordinator will notify the requesting individual(s) in writing of the IACUC decision. A copy of the communication will be kept on file with the IACUC records. The CMU manager also will be notified of the tissue request and IACUC decision.

(b) Request for use of human cadaveric tissue shall be referred to the chair of anatomy and neurobiology for appropriate consideration and handling in accordance with university practices and the standards of the NEOMED body donor program.

(c) Request and use of any human cadaveric tissue related to an approved research project and unrelated to the NEOMED body donor program will be subject to the approval of the appropriate safety committee(s) and in accordance with regulations in place on the NEOMED campus that governs such use.

(2) Requirements for the safe use and disposal of tissue

(a) Personal protective equipment (PPE)

Any person handling of any form of tissue is required to wear steril gloves at all times. If a significant splash hazard exists, safety goggles or glasses are required. If the tissue contains a formalin-based preservative, additional PPE or controls may be recommended or required.

(b) Preservative (fixative)

Tissue must be preserved in a fixative that is free of any carcinogenic properties (i.e. formalin, formaldehyde, paraformaldehyde) if the tissue will be used or handled as part of a demonstration to minors. If a preservative is present, the chemical mixture of the preservative must be reported to the NEOMED safety office. Additional safety requirements may be applicable, particularly the tissue is preserved in a manner different than required by this rule.

(c) Waivers

Educational events for minors that utilize cadaveric tissue may require waivers, permission slips or additional requirements as determined by guidelines on waivers for minors by the office of the general counsel.

(d) Request for supplies and/or disposal

(i) All disposal must be coordinated through the office of environmental and occupational health and safety.

(ii) To ensure proper disposal for tissue that is unrelated to an approved research project, a work order must be submitted to campus operations with the details of the event, including the following:

(a) Date and time of event;

(b) Date and time of pickukp of tissue or sharps for disposal;

(c) Location of event;

(d) Responsible person for event;

(e) Any supplies requested for disposal (sharps containers, tissue containers and regular trash cans for waste not otherwise regulated);

(f) An indication of whether the tissue (or any related sharps) used are infectious. The infectious nature of any tissue or sharps is determined based on the following considerations:

(i) Whether the sharps were used on people;

(ii) Whether the tissue was deliberately infected with an infectious agent or biohazard; and

(iii) Whether the tissue is human in origin.

(g) An index to which any fees for disposal or containers can be charged.

(iii) Disposal related to an approved research project will be subject to the appropriate safety committees and regulations in place on the NEOMED campus that govern the disposal and will be subject to separate "lab disposal" requirements.

(iv) If the tissue is being purchased and utilized during an educational event provided on the Rootstown campus by a third party, the organizer of the educational event should address the appropriateness of the tissue being disposed of by the third party with the office of environmental and occupational health safety.

Last updated October 15, 2024 at 10:43 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 7/29/2024

Rule 3349-1-145 | Naming university property.

• Effective: October 21, 2024
• Promulgated Under: 111.15

(A) Purpose

To establish rule guidelines for the naming of a building, a portion or wing of a building, or outdoor space on the Rootstown campus in recognition of contributions to the university or the university foundation "the foundation".

(B) Scope

Any individuals or entities that have made significant financial or service-based contributions to the university or the foundation in compliance with the criteria set forth in this rule.

(C) Definitions

Consult rule 3349-7-01 of the Administrative Code.

(D) Rule statement

(1) Individuals or entities who make a significant contribution to the university or the foundation may be afforded an opportunity to have a building, portion of a building, or an outdoor space named in their honor based on the nature and amount of their contribution.

(2) Naming opportunities. The university advancement office, leadership of the foundation, and other university leadership members will submit recommendations to the president of the university based on the contribution.

(3) Criteria. The criteria for naming university property or space differs based on the nature of the contribution.

(a) Financial contributions. The financial contribution may be in the form of cash, marketable stocks or securities, shares of mutual funds or exchange traded funds; bonds or other fixed securities; a binding commitment/agreement through a bequest included in a last will and testament; an irrevocable or paid up life insurance rule; real estate; personal property or equipment of substantial value to be used by the university, or other marketable physical assets, which can be easily liquidated by the foundation. The transfer of the assets must be completed prior to the naming of the facility. This delivery can also be achieved by the irrevocability of the gift to the university based on a future payment through an estate or proceeds from a life insurance rule.

(i) Amount of necessary for naming a building. The financial contribution must be greater than or equal to twenty-five per cent of the construction costs and be at least one million dollars in value.

(ii) Amount necessary for naming a portion of a building, a renovation of an existing building or outdoor space. The financial contribution must be greater than or equal to twenty-five per cent of the original construction costs or a value estimated by the university when the actual construction cost cannot be determined.

(b) Service contributions. In order to name a facility based upon a level of service, the contribution must:

(i) Be substantial and have had a major positive impact on the direction of the university; and

(ii) Be of an order that without the contribution, the university would have been negatively impacted in a substantial way.

(4) Approval. The approval required for awarding naming rights to an individual or entity differs based on the nature of the contribution and the property being named.

(a) Financial contributions related to a building. When naming a building based on a financial contribution, the president makes a recommendation to the university board of trustees. The university board of trustees will review the recommendation, and if they find the recommendation appropriate, will provide final approval.

(b) Financial contributions related to portions of a building or outdoor space. When naming a portion of a building or outdoor space, the president of the university provides final approval.

(c) Service contributions. When naming a facility for service contributions, the president makes a recommendation to the university board of trustees who provides final approval.

(5) Revocation of naming rights and adjustments. Naming rights may be revoked at the discretion of the president of the university or, as appropriate, the university board of trustees, due to public or private actions by the donor that could reflect negatively on the university. Failure of the donor to complete any condition or scheduled action concerning the contribution that was the inspiration for the naming opportunity may also result in revocation or adjustment to the naming.

(6) Recognition. To recognize the naming of a facility, the university may place an appropriate signage, work of art or other physical identifier acknowledging a donor's contributions to the university. The recognition will be commensurate to the contribution.

(7) Exceptions to the rule. The university board of trustees may deviate from any of the criteria or requirements set forth in this rule.

Last updated October 22, 2024 at 8:22 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/14/2019

Rule 3349-1-150 | Awarding of honorary doctoral degrees.

• Effective: October 21, 2024
• Promulgated Under: 111.15

(A) Purpose

To establish a rule governing the process through which the university may award an honorary doctoral degree to an individual.

(B) Scope

Any individual who has demonstrated excellence or achieved exceptional distinction in his/her field of endeavor including medicine, research, public service, creative arts, and business and/or industry.

(C) Definitions

(1) Honorary doctoral degree - a collegiate designation conferred upon a person who has achieved excellence or exception distinction in his/her field of endeavor.

(2) Honorary doctoral degree committee - the university body that reviews all nominations for receipt of an honorary doctoral degree and makes a determination as to which nominee will be recommended to the board of trustees as the recipient for that year. The honorary doctoral degree committee consists of: the chairman of the board of trustees; the chairman of the academic and scientific affairs committee of the board of trustees; the university president; and three senior faculty members representing the three divisions of the faculty.

(D) Body of the rule

(1) Criteria. The recipient of an honorary doctoral degree must exemplify the purpose and ideals of the college of medicine, college of pharmacy, or college of graduate studies. The achievements cited must represent contributions beyond expected high standards of the profession of the academic world and may only be awarded to a person before the end of his/her career if accomplishments are eminent or activities are worthy of highest commendation. The university would only consider awarding an honorary doctoral degree to a college of medicine, college of pharmacy, or college of graduate studies employee under the most extraordinary of circumstances. The recipient need not have an earned degree as a prerequisite.

(2) Nominations for an honorary doctoral degree. Nominations are to be submitted to the office of the president prior to January first each year. Letters of nomination, accompanied by the nominee's curriculum vitae, must cite the importance of the achievements and the reasons why the individual should receive an honorary doctoral degree. Nominations will remain active for five years.

(3) Consideration and award. The honorary doctoral degree committee will screen all nominations to determine which nominees merit further consideration. If further consideration is deemed appropriate, additional letters of support and other appropriate materials will be requested. If the honorary doctoral degree committee identifies a candidate for an honorary doctoral degree, the committee will submit its recommendation to the chairman of the academic and scientific affairs committee prior to February first. The academic and scientific affairs committee will forward its recommendation to the board of trustees for consideration.

(4) Awarding of degree. Honorary doctoral degrees will be awarded during the university's commencement proceedings in the spring.

Last updated October 22, 2024 at 8:22 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/14/2019

Rule 3349-1-175 | Records management.

• Effective: October 21, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to establish economical and efficient methods related to the creation, utilization, maintenance, retention, preservation, and disposition of records and to document the methods necessary to comply with the northeast Ohio medical university (NEOMED) records retention schedule.

(B) Scope

This rule applies to all individuals involved in creating, receiving, accessing, using, or maintaining records.

(C) Definitions

(1) "Departmental archive" refers to the physical and/or digital space designated by each university department and office for the appropriate preservation of permanent records.

(2) "Departmental records manager" refers to the university employee from each department or office of record origin designated to assist with the university's compliance with regulatory records management requirements and facilitates the appropriate retention and disposition of records.

(3) "Disposal method" refers to the appropriate means of destruction based upon the university data within a record and the medium (i.e. electronic, paper) in which it exists. These disposal methods include, but are not limited to, shredding, recycling, electronic deletion or destruction, wastebasket disposal, and transfer to the respective departmental archive.

(4) "Disposition" refers to what is finally done with a record, whether it be ultimate destruction or transfer.

(5) "Document imaging" refers to the conversion of paper-based records to digital, imaged electronic records.

(6) "Electronic record" refers to any record created, generated, sent, communicated, received or stored by electronic means. (e.g., electronic mail ("email"), databases, document images, word processing documents and spreadsheets and material secured through blockchain technology).

(7) "Legal or litigation hold" refers to a restriction on a record that exists as a result of current or anticipated litigation, audit, government investigation, or other such matter that suspends the normal disposition or processing of records.

(8) "Records retention schedule" refers to an institutional resource that provides guidance to the university community on the appropriate retention and disposition of records.

(9) "Non-record" refers to any document, device, or item, regardless of physical form or characteristic, including an electronic record that does not meet the "record" definition (e.g., personal notes to assist in recalling events, copies of records, or library materials kept for reference).

(10) "Permanent record" or "archival record," refers to a record that is retained permanently by the university within a departmental archive for its significant administrative, legal, fiscal or historical value.

(11) "Public record" refers to records that are subject to release under the Ohio public records law.

(12) "Record" refers to any document, device, or item, regardless of physical form or characteristic, including an electronic record, that is created, received by, or comes under the purview of the university, which serves to document the organization, its functions, policies, decisions, procedures, operations or other activities of the university (e.g., financial records such as requisitions, purchase orders, and invoices; administrative records such as annual reports, university bylaws, and policies; and publications and other items issued by the university.

(13) "Record category" refers to a group of record series having common characteristics and retention periods and is listed within the NEOMED records retention schedule.

(14) "Record series" refers to a group of related records evaluated as a group for retention and disposition purposes.

(15) "Retention period" refers to the minimum period that records should be kept in a certain location or format based on its administrative, legal, fiscal, or historical value.

(16) "Transient record" or "transitory record" refers to a record which is not of long-term value and is not needed to preserve the actions of the university, but exist for short-term usage and/or convenience. (e.g., drafts that are not superseded or updated by other records; phone slips or voicemail; and meeting notices).

(17) "University data" as used and defined within rule 3349-9-15 of the Administrative Code.

(D) Rule statement

(1) Records management program

(a) NEOMED has established a records management program to comply with laws regarding the use of efficient and economical management methods for the creation, utilization, maintenance, retention, preservation, and disposition of records and to document the methods necessary to comply with the NEOMED records retention schedule.

(b) NEOMED's records management program shall be coordinated by the office of compliance and risk management, along with university departments, to ensure compliance with applicable laws and university policies.

(c) Records are the property of NEOMED and the state of Ohio and shall not be permanently removed or destroyed except in accordance with the NEOMED records retention schedule and its associated procedures.

(d) Public records maintained by the university must be made available for public inspection pursuant to the Ohio public records law.

(e) Each university employee is responsible for ensuring that records (including electronic records) within their area(s) are maintained in such a way that they can be identified and retrieved efficiently.

(f) All university employees are required to comply with this rule regarding records management.

(2) Record retention

(a) Records must be managed and retained if there is a legal, financial, administrative, or historical requirement to do so, as set forth in the records retention schedule.

(b) The amount of time that the university must retain records depends upon the legal, fiscal, administrative, and/or historical informational value of the record.

(c) Transient records are not subject to retention beyond the purpose for which they are created and can be disposed at that time; however, if retained, transient records are subject to Ohio public records act.

(d) All university employees must familiarize themselves with the NEOMED records retention schedule and understand what records they create and/or receive and are required to manage.

(e) University departments and offices shall conduct a periodic inventory of their records and align them to the NEOMED records retention schedule.

(f) If an employee identifies records for which there is no established retention period, the employee should contact their departmental records manager. Each departmental records manager will consult with the office of compliance and risk management to determine the appropriate retention periods and disposal method for a given records series.

(3) Record disposition

(a) Disposition of records shall be done in a timely manner and in accordance with the NEOMED records retention schedule.

(b) Prior to disposition, a department or office needs to confirm that the minimum retention period of the records has expired and that there is no legal or litigation hold on the records.

Records that have been placed under a legal or litigation hold by the office of the general counsel must not be disposed of or modified in any manner until the action is adequately resolved or the university general counsel has directed otherwise.

(c) Upon record disposition, each departmental records manager shall sign and maintain appropriate certificate of records documentation, which includes appropriate cataloging information regarding the records being disposed.

(d) The two broad types of disposition available to university departments and offices are:

(i) Record destruction

(a) The appropriate method of destruction is determined based upon the university data within a record and the medium (i.e. electronic, paper) in which it exists. These methods include, but are not limited to, shredding, recycling, electronic deletion, and wastebasket disposal.

(b) If restricted or private data, as defined in the university's classification of rule 3349-9-18 of the Administrative Code is evident, records should be destroyed by shredding or secure electronic destruction.

(c) A department or office's departmental records manager should complete and forward a certificate of records destruction ("CRD") to the office of compliance and risk management for review and signature before any records are destroyed. Transient records do not require a CRD.

(d) The office of compliance and risk management will conditionally authorize the destruction of records (via the CRD) to ensure that no records are disposed of prematurely or in violation of existing laws or statutes.

(e) University departments and offices are strongly encouraged to conduct a records retention review and corresponding records destruction annually.

(ii) Record transfer

(a) Records of outgoing employees shall be transferred to their successors (or designee, if no successor) and maintained in accordance with the NEOMED records retention schedule.

(b) Records with historical value may be transferred to the respective departmental archive upon the completion and approval of the certificate of records transfer (CRT) by the respective departmental records manager.

(c) If an employee has determined that records should be transferred to a departmental archive, they should consult with their departmental records manager for the appropriate procedures.

(d) Records that are transferred to the appropriate departmental archive become the administrative responsibility of that departmental archive and shall reside permanently in that departmental archive unless otherwise agreed upon.

(e) In order to help guarantee the preservation, integrity, and security of permanent records, access to and inspection of such records housed in departmental archives, whether by the general public or by university employees, shall be conducted on-premise only.

(4) Document imaging and scanned documents

(a) Paper-based records may be converted to an imaged electronic record through document imaging (referred to as a "scanned document") after consulting with the information technology department.

(b) As an electronic record, scanned documents are to be managed in the same manner as records in other formats (i.e. paper, audiotape) and in accordance with the NEOMED records retention schedule.

Last updated October 22, 2024 at 8:23 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-1-180 | Animals on the NEOMED campus.

• Effective: October 21, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to establish rules governing the presence of animals on university property. This chapter is in accordance with the Americans with Disabilities Act (42 U.S.C. 12101, et seq.) (ADA) which governs the use of service animals by individuals with disabilities and the fair housing act (42 U.S.C. 3601, et seq.) which governs the use of emotional support animals by individuals with disabilities in housing.

(B) Scope

This rule applies to all individuals bringing animals to the NEOMED Rootstown campus. Specific procedures regarding the presence of animals at any affiliated clinical or experiential educational site is not governed by this rule.

(C) Definitions

(1) "Animal" for the purposes of this rule, refers to any non-research animal.

(2) "Controlled space" refers to any indoor area owned or controlled by the university, and any outdoor area owned or controlled by the university with limitations on use or access (e.g., practice fields, stadiums, farm, tennis courts, etc.).

(3) "Emotional support animal" (ESA) refers to any animal specifically designated by a qualified medical provider that provides emotional support or alleviates one or more of the identified symptoms of a person's disability. ESA's are also commonly known as assistance animals. ESA's are not service animals.

(4) "Handler" refers to an individual with a disability who is the owner or user or trainer of a service animal or ESA, or the owner or individual bringing an animal onto university property.

(5) "Individual with a disability" as used in this rule, refers to the definition proscribed by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

(6) "Pet" for the purposes of this rule, refers to any animal that is not a service animal, program animal or ESA.

(7) "Program animal" refers to animal that participates in an official university service or program. Program animals may include therapy animals.

(8) "Public spaces" for purposes of this rule, refers to public spaces are outdoor areas that are open to the general public.

(9) "Restricted spaces" refers to special purpose spaces such as educational or research laboratories or the comparative medicine unit (CMU).

(10) "Service animal" refers to any dog or, in some circumstances, a miniature horse specifically trained to do work or perform a task for the benefit of an individual with a disability. The tasks performed by a service animal must directly relate to the individual's disability.

(D) Rule

(1) Prohibition

All individuals are generally prohibited from bringing animals into any buildings or other controlled spaces on university property. However, individuals with a disability are allowed to bring service animals and emotional support animals (ESA's) on and/or into controlled spaces as provided below. In addition, faculty, staff and students are permitted to have pets in the village (residential housing) only to the extent permitted by the lease governing their rental agreement.

(2) Service animals

(a) The university welcomes the presence of service animals assisting individuals with a disability on its campus consistent with the provisions of this rule and applicable law. A service animal is generally permitted to be on university property in any place where the animal's handler is permitted to be. In certain limited situations, a service animal may be prohibited from restricted spaces (i.e. laboratories or CMU) for health and safety reasons. The accompaniment of an individual with a disability by a service animal to a location with health and safety restrictions will be reviewed on a case-by-case basis by the appropriate department representative(s) in collaboration with the offices of human resources, environmental and occupational health and safety (EOHS) and/or student services.

(b) A service animal requiring access to restricted spaces that may affect health and safety (i.e. labs, CMU) for an individual with a disability employed by the university must be approved in advance of bringing the animal to those restricted spaces.

(c) Members of the university community are prohibited from interfering in any way with a service animal, or the duties it performs.

(3) Emotional support animals (ESA's)

(a) An approved ESA for an individual with a disability who lives in the village is permitted within the individual's privately assigned living accommodations. However, the following may be considered when determining whether he presence of the animal is reasonable.

(i) The size of the animal;

(ii) Whether the animal is housebroken;

(iii) The status of the animal's vaccinations (if required);

(iv) The animal poses or has posed a direct threat to the individual or others (i.e. unwarranted aggression and/ or biting); or

(v) The animal causes or has caused excessive damage to property beyond normal wear and tear.

(b) An ESA outside the private individual living accommodations must be in an animal carrier or controlled by a leash or harness.

(c) ESA's are not allowed in any other controlled spaces without advance permission.

(d) ESA's are permitted to be in outdoor public areas to the same extent as pets.

(4) Pets

Pets generally are not permitted in or on any controlled space on university property and are permitted only in outdoor areas open to the general public.

(5) Program animals

The use of program animals on university property will be considered on a case-by case basis. The use of program animals must be requested via the animal related program request form.

(6) Handler's responsibilities

(a) A service animal, ESA, program animal or pet must be supervised directly by the handler, and the handler must retain full control of the animal at all times while on university property.

(b) The animal must be in an animal carrier or controlled by a harness, leash or tether, unless these devices interfere with the animal's work, the individual's disability prevents using these devices, or the animal is an ESA within the handler's own dwelling. In those cases, the handler must maintain control of the animal through voice, signal, or other effective controls.

(c) Animals may not be left unattended at any time on university property, except for service animals left in the handler's university residence or private office space or ESA's left in the handler's dwelling unit. The service animal or ESA may be left unattended only for reasonable periods of time, as determined by the appropriate university staff based on the totality of the circumstances. The university may request impoundment of an ESA or service animal left for longer than a reasonable period of time. Owners of impounded animals will be held responsible for payment of any impound and/or license fees required to secure the release of their animals.

(d) All handlers are responsible for compliance with state and local laws concerning animals (including registration, vaccinations, and tags), for controlling their animals, for cleaning up any waste created by the animal, and for any damage caused by the animal to individuals or property while on university property.

(7) Requests for accommodation

(a) Employees, students or visitors with service animals are not required to request an accommodation for such animal under normal circumstances. The handler may be asked only the following: what work or task(s) the animal has been trained to perform, and whether the animal is needed because of a disability (if not readily apparent).

(b) If the employee's or student's service animal will need access to restricted areas of campus that may impact health and safety of participants or the animal itself, prior approval is required via an accommodations request through the office of human resources (employees) or student accessibility services (students).

(8) Violations of rule and the removal of animals

(a) Access to university property may be restricted or revoked under the circumstances outlined below. Restrictions or exclusions will be considered on a case-by-case basis. The university reserves the right to remove or exclude an approved animal from university property if:

(i) The animal poses a direct threat to health and safety;

(ii) The handler does not maintain control of the animal, including but not limited to during any interactions with other animals;

(iii) The presence of an animal fundamentally alters a university program;

(iv) Improper/inadequate care of the animal is exhibited, including if the animal is not housebroken;

(v) Damage or harm is caused by the animal; or

(vi) The handler violates any of the responsibilities as outlined in paragraph (D)(6) of this rule.

(b) If the presence of an animal poses a direct threat to the health and safety of others, the university reserves the right to remove or exclude an animal from university property. In such a situation, public safety may be contacted to assist in the removal of the animal. In particular, if a handler's animal is disruptive in the classroom, the instructor may ask the handler and their animal to leave the classroom immediately. If a handler's animal is disruptive in the workplace, the handler's supervisor may ask the handler and their animal to leave the workspace immediately. If a handler's animal is disruptive at a university event, the event organizer may ask the handler and their animal to leave the event immediately.

(c) In all cases, should an animal be excluded, the handler will be allowed continued access to the workplace, educational setting or university setting.

(9) Exclusions

This rule expressly excludes aquarium fish, research animals under the governance of the university's IACUC and any animals used in law enforcement or rescue operations on university property.

Last updated October 22, 2024 at 8:23 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-1-190 | Affiliated entities.

• Effective: November 25, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to establish a framework for the university to use in establishing, implementing, and monitoring its relationships with legally separate entities that support or complement the mission of the university. The university has a vital interest in and recognizes the valuable role played by each of its affiliates in meeting the mission of the university. The university is committed to providing quality support for the efforts and activities of each affiliate, while seeking to maintain the appropriate independence from its affiliates.

(B) Scope

This rule covers all affiliated entities as defined in paragraph (C) of this rule.

(C) Definitions

(1) "Affiliated entity" or "affiliate" refers to an organization that has a legal existence separate from the university, which is formed or operated to support or complement the mission of the university, and:

(a) Is controlled or strongly influenced by the university;

(b) Receives significant financial support from the university; or

(c) Uses the university's resources, name, or identity.

(2) "Arms-length affiliate" refers to entities that use university resources, but do so through a relationship that is defined by a contract/memorandum of understanding between the parties. The university may act as fiscal agent or have other financial or operational ties to an arms-length affiliate.

(3) "Regular affiliate" refers to entities that have closer ties to the university than an arms-length affiliate, but the university does not have a significant interest in the entity.

(4) "Significant interest affiliate" refers to entities in which the university holds a significant interest.

(5) "Approved Agreement" refers to a memorandum of agreement or memorandum of understanding properly executed between the university and its affiliate.

(6) "Significant interest," for the purpose of this rule, refers to any of the following that apply to the affiliate:

(a) The university holds a significant financial investment in the affiliate, which is defined for this rule as an investment of two hundred fifty thousand dollars or more;

(b) The affiliate presents a significant compliance risk to the university; or

(c) The affiliate provides essential services to the university.

(D) Rule statement

(1) Propriety of creating affiliates and affiliated entities

The board of trustees and the senior leadership of university have a responsibility to ensure that the university's activities with regard to affiliates are conducted in a proper manner. To protect the university's interests, and as a condition of the affiliate's use of the university's name and resources, the following principles shall apply:

(a) The formation, purpose and operations of affiliates must promote, sponsor, or complement educational, scientific, research, charitable, health-care, economic development or cultural activities for the benefit of the university, or one of its component units;

(b) The university's relationship with each affiliate will be memorialized through an approved agreement;

(c) Affiliates shall provide for at least one university representative with full voting rights on its governing board;

(d) Affiliates must use sound fiscal and accounting procedures;

(e) Affiliates must be managed in a manner consistent with their own enabling documents and the university's purpose and mission;

(f) Affiliates must adhere to high ethical standards;

(g) Affiliates must abide by university policies unless otherwise specified in writing; and

(h) The university's relationship with an affiliate is not necessarily intended to be perpetual. Relationships with affiliates will be examined at least every ten years to determine whether the relationship will be continued or whether the triggering of a sunset provision is appropriate.

(2) Process for establishing an affiliate or a relationship between an affiliate and an external entity

(a) Affiliates may be established by the university or entities outside the university. The university unit or external entity desiring to establish an affiliate or relationship with an affiliate shall develop a detailed proposal which will include:

(i) Goals and objectives of establishing the affiliate;

(ii) Proposed organizational and governing board structures (the proposed governing board structure shall reserve at least one board seat for a university representative) for the affiliate;

(iii) Projected budget and business plan for the next five years;

(iv) Thorough risk assessment that defines and classifies risks inherent to both the proposed entity and the university, including potential conflicts of interest. The risk assessment must include mitigation strategies and metrics designed to quantify risk throughout the life of the affiliate and the considerations set forth in appendix A; and

(v) Draft approved agreement defining the affiliate's relationship with the university.

(b) The proposal shall be reviewed, and if appropriate approved by, the appropriate vice president, the office of administration and finance, and the office of general counsel and then forwarded to the senior leadership of the university.

(c) The senior leadership of the university shall review the proposal, and if deemed appropriate, recommend the establishment of the affiliate to the president of the university. One member of the senior leadership of the university must be recommended to be assigned the oversight responsibilities for the affiliate.

(d) Any significant interest affiliate may require the approval by the board of trustees before its creation. The president will use his/her discretion when determining whether to refer the matter to the board of trustees.

(e) The president shall appoint representatives who will serve on affiliate's governing board.

(f) Depending on the circumstances and the degree of separateness of the entity, legal representation with respect to the preparation of organizational documents may be provided by the university, the office of the attorney general, outside counsel to the university, or private counsel retained on behalf of the affiliate.

(3) Oversight of affiliates

The university shall exercise oversight over established affiliates through the following mechanisms:

(a) Inclusion of university representatives on the affiliate's governing board;

(b) Provision for reserve powers on behalf of the university in the affiliate's governing documents, if appropriate; and

(c) Execution of an approved agreement between the university and the affiliate outlining expectations and responsibilities, including affiliate governance requirements.

(4) University representatives on affiliate boards

Each affiliate shall provide for at least one university representative with full voting rights on its governing board. University representatives on affiliate governing boards shall be appointed by the president and shall be required to follow the guidelines and expectations articulated by the university as conditions for their service. The guidelines and expectations will be memorialized in a letter of appointment for each university representative on an affiliate board and shall include the following provisions, at a minimum:

(a) The university representative on the affiliate governing board shall keep the president informed of the affiliate's activities on a regular basis, as the president determines appropriate.

(b) The university representative shall consult with the president, as deemed appropriate, on any proposal to be presented to the affiliate governing board relating to the creation of new corporate subsidiaries or new lines of business. With respect to these matters, the university representatives shall exercise their votes as members of the affiliate governing board in accordance with instructions they receive from the university through its president or designee.

(c) Any grant or loan of university funds, or any action that could reasonably be construed as a guarantee or inducement for any other grant or loan, to an affiliate or any affiliate subsidiary shall be subject to the prior written approval of the university's president or designee.

(5) Policies of the university and affiliated entities

Unless otherwise specified in writing, policies of the university are binding upon its affiliates.

(6) Reserve powers

Reserve powers are specific acts of the affiliate that must be authorized by the university representatives on the affiliate governing board to be effective, even if the university representatives are not in the majority on the governing board. As determined appropriate by the university, these reserve powers must be memorialized in the affiliate's governing documents. Examples of acts that may be subject to reserve powers include dissolution, liquidation, merger, consolidation, and formation of subsidiaries. Reserve powers are not required of each affiliate, but will be an additional consideration when affiliate relationships are established.

(7) Approved agreements

The university shall enter into an approved agreement with each affiliate addressing the university/affiliate relationship and expectations and governance requirements. The approved agreement may also address university services and financial contributions, use of university marks, and other support provided by the university. Each approved agreement will be tailored to the specific needs of each affiliate. The approved agreement will specify that university policies are binding on the affiliates unless otherwise specified in writing. Appendix B contains a list of potential issues to be addressed in the approved agreement.

(8) Sunset provisions

It is expected that some affiliates will have finite life spans and that it will no longer be appropriate for an affiliate to continue its relationship with the university or to continue to exist as a separate entity. At least every ten years, the university will assess existing affiliates for the need for continued affiliation and separate entity status.

If it is determined that there is no reason for an affiliate's continued existence as a separate entity, the university may direct through its reserve powers, if applicable, or suggest to the affiliate that the entity be dissolved. It will be determined on a case-by-case basis whether the university can assist the affiliate in its dissolution and whether the remaining activities of the affiliate, if any, can or should be assumed by the university. If it becomes evident during the incorporation process that the affiliate will have a finite existence, the affiliate governing board should consider inserting automatic sunset provisions into its governing documents.

(9) Grandfathered affiliates

Those affiliates in existence on the effective date of the rule are exempt from the requirements set forth in paragraphs (D)(4)(a) to (D)(4)(c) of this rule.

Last updated November 25, 2024 at 8:15 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-1-200 | Textbook selection.

• Effective: October 21, 2024
• Promulgated Under: 111.15

(A) Purpose

To establish a university-wide rule and procedure regarding academic course textbook selection. The university desires to reduce student costs and increase the accessibility of a NEOMED education. Textbook selection procedures are designed to promote best practices and respond to state and federal textbook affordability initiatives and legislation.

(B) Scope

This rule applies to all colleges for all courses at NEOMED.

(C) Definitions

(1) "Textbook" refers to a text, electronic or print, that a faculty member instructs students to purchase for use as a central learning resource for a course.

(2) "Course" for the purpose of this rule, refers to all course types listed in the university's published course catalog.

(3) "Course director" refers to a faculty member who is responsible for textbook selection for their respective course.

(4) "E-book" or "electronic textbook" refers to an online, electronic version of a print textbook that is made available for student use on the NEOMED library website. E-books may include open-access resources and materials paid for by annual student fees.

(5) "Publisher" refers to a publishing company of a college textbook or supplemental materials involved in retail sale with the NEOMED bookstore.

(6) "Recommended textbook" refers to textbooks that students are not required to purchase upon registering but are recommended as supplements for understanding course learning outcomes. Students cannot use federal financial aid to pay for recommended textbooks.

(7) "Required textbook" refers to textbooks that students are required to purchase upon registering for a course for which they may request federal financial aid.

(8) "Student fees" refers to fees incorporated into the NEOMED students' cost of attendance to cover specific student resources, including certain library educational resources.

(9) "Supplemental materials" refers to additional educational materials meant to accompany a course textbook that may include print materials, electronically distributed materials, website access, or necessary equipment to apply textbook lessons (e.g. stethoscope). Supplemental materials must be designated as required or recommended for federal financial aid allocation.

(D) Textbook selection principles

NEOMED respects the academic freedom of faculty to select any and all textbooks that they deem most appropriate for the academic success of their students and to meet course learning outcomes. Course directors are strongly encouraged to carefully consider the following principles during textbook selection:

(1) Educational purpose and utilization. All textbooks should promote appropriate pedagogical practices and contain the most relevant and up-to-date content for student success in their respective fields of study.

(a) Required textbooks

(i) A significant portion of required textbooks should be heavily utilized as a learning resource throughout the course.

(ii) If a required textbook contains supplemental materials, faculty should be aware of the bundled and unbundled pricing. If all or some of the supplemental materials are deemed unnecessary for course instruction, faculty should either:

(a) Exclude the supplemental material from the reported required textbooks list; or

(b) Contact the NEOMED bookstore or the publisher to acquire only certain available supplemental materials at an unbundled price.

(b) Recommended textbooks

Because recommended textbooks are not covered by federal financial aid, faculty are strongly encouraged to only add recommended textbooks if they offer a significant benefit to student understanding of course learning outcomes and effectively supplement the required textbooks of the course.

(2) Affordability

(a) Pricing. If multiple textbooks are comparable in quality but range in price, course directors are strongly encouraged to choose the textbook that is more affordable to students.

(b) Edition. Publishers are required to report any substantial content revisions from the most current edition to the previous edition of all textbooks. If the previous edition can support academic success in the course and the revisions to the most current edition are not significant, course directors are strongly encouraged to advise their students that previous editions may be available in the NEOMED bookstore at a reduced price.

(c) Format. Course directors are strongly encouraged to consider selecting e-books when available and appropriate. Electronic textbooks are often cheaper for students and may be available through the NEOMED library at no additional cost.

(3) Preferential consideration of NEOMED library resources

(a) Course directors should contact the library to explore the digital and hardcopy resources already available when developing or modifying a course. Some library materials are purchased with student fees, so these materials should be prioritized for use in new courses, if applicable. If a new resource is necessary, it may require review and approval by the university (i.e., library acquisition of the resource, central vs. local management, budget request, incorporation into the student fee structure, etc.).

(b) Course directors should utilize the NEOMED library reference librarian and the NEOMED library collection when engaged in new course development or course modification.

(c) Course directors should utilize open-access, educational resources written by contributing faculty authors from universities across the united states such as openstax and open textbook library.

(d) NEOMED library purchase recommendation form

This form may be utilized to recommend the purchase of textbooks or other library materials. The form must be completed a year before the material is required. All purchasing recommendations are reviewed by the educational resource advisory committee.

(4) Selection transparency

Course directors are strongly encouraged to discuss the reasoning for selecting course textbooks with their students. Textbooks are a significant expense, so students should fully understand the decisions behind the selection of their course materials.

(E) Textbook selection and reporting procedure

The following procedure must be followed by the faculty of all colleges:

(1) Selection

(a) Textbooks are selected by course directors.

(b) Course directors are responsible for meeting any deadlines of the authorities in their college for textbook selection, syllabus approval, and textbook list reporting.

(c) Additional approval may be required from the college dean before selecting a textbook by a faculty author.

(2) Approval

(a) Course syllabi and their corresponding textbook selections must be approved by the appointed authority in each college:

(i) College of medicine syllabi and textbook selections are approved by the curriculum management and assessment committee.

(ii) College of pharmacy syllabi and textbook selections are approved by the curriculum committee.

(iii) College of graduate studies syllabi and textbook selections are approved by the graduate faculty council.

(b) During the approval process of a new course, the respective approving body is highly encouraged to consider ways in which the textbooks for the course can be made more affordable for students.

(3) Reporting

(a) All colleges must compile and report a complete list of courses and their corresponding required textbooks for the following academic year to the office of financial aid, the NEOMED library, and the NEOMED bookstore by March first. The following information must be included for each course within the college:

(i) Course name

(ii) Required textbooks

(a) Title

(b) Author

(c) Edition number

(d) International standard book number (ISBN)

(e) Format (e.g. e-book, library resource, print)

(iii) Supplemental materials that should be made available to students for purchase at the NEOMED bookstore.

(b) Elective courses should be included in the textbook list reported by colleges for the following academic year.

(c) Course directors with textbook lists that are expected to incur zero cost to students or include solely electronic textbooks are still expected to report their textbook list.

(d) For any unreported courses, it will be assumed that the textbook list will remain the same for the following academic year as it is in the current academic year.

(4) Publishing

(a) To ensure compliance with federal financial aid requirements, a complete list of textbooks by course with all required information, in addition to retail price, must be published for student access before March fifteenth on the NEOMED website.

Retail price will be determined and reported by the NEOMED bookstore to the office of financial aid based on publisher and distributor pricing for the purpose of calculating student cost of attendance.

(b) Any information unable to be published for student access should be labeled as "to be determined" until the course director reports the necessary information for the course to the office of financial aid and the NEOMED bookstore.

Last updated October 22, 2024 at 8:23 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 5/17/2020

Rule 3349-1-201 | Expressive activity and harassment.

• Effective: October 21, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to support the right of expression on the northeast Ohio medical university (NEOMED) campus.

(B) Scope

This rule applies to NEOMED students, student groups, faculty, staff, and any other persons who use space on the NEOMED campus and is adopted in accordance with section 3345.0212 of the Revised Code, which requires each public university in Ohio to adopt a rule on harassment that is consistent with and adheres strictly to the definition of harassment proved in section 3345.0121 of the Revised Code.

(C) Rule statement

(1) The university believes that the right of expression is as necessary as the right of inquiry and that both must be preserved as essential to the pursuit and dissemination of knowledge and truth. The university's commitment to freedom of expression, however, does not extend to harassment. Ohio law defines harassment as conduct and/or expression that is:

(a) Not protected by the first amendment to the United States Constitution or article I of the Ohio Constitution (unprotected expression);

(b) Unwelcome; and

(c) So severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the individual's education program or activity.

(2) Expression (either in person, in writing or by telecommunication) must meet all three elements to be actionable under this rule. This rule applies to alleged harassment that takes place on NEOMED property (owned, leased, or controlled premises), at NEOMED sponsored events, and in connection with a NEOMED recognized program or activity. Students should report alleged violations of this rule to the office of student services. Faculty and staff should report alleged violations of this rule to the office of human resources.

(3) This rule shall not be construed to impair any right or activity, including speech, protest, or assembly protected by the United States Constitution.

(D) Nothing within this rule shall be interpreted as preventing NEOMED from restricting expressive activities that the first amendment of the United States Constitution or article I, sections 3 and 11 of the Ohio Constitution does not protect. Further, nothing in this rule shall be interpreted as restricting or impairing the university's obligations under federal law including, but not limited to, Title IV 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 405 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 specified in rules 3349-7-10 and 3349-10-75 of the Administrative Code.

Last updated October 22, 2024 at 8:23 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 4/12/2021

Rule 3349-1-202 | Free speech on campus.

• Effective: November 25, 2024
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to establish a free speech rule on the NEOMED campus. Section 3345.0215 of the Revised Code requires each public university in Ohio to adopt a rule on campus free speech that is consistent with and adheres to the principles set forth within it.

(B) Scope

This rule applies to NEOMED students, student groups, and faculty, and is established to safeguard their ability to express and respond to disparate views.

(C) Rule statement

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

(2) A state institution of higher education shall be committed to giving students broad latitude to speak, write, listen, challenge, learn, and discuss any issue, subject to paragraph (D)(10) of this rule.

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

(4) It is for a state institution of higher education's individual students and faculty to make judgments about ideas for themselves, and to act on those judgments not by seeking to suppress free speech, but by openly and vigorously contesting the ideas that they oppose.

(5) It is not the proper role of a state institution of higher education 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.

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

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

(8) A state institution of higher education shall be committed to providing an atmosphere that is most conducive to speculation, experimentation, and creation by all students and all faculty, who shall always remain free to inquire, to study and to evaluate, and to gain new understanding.

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

(10) This rule shall not be construed to impair any right or activity, including speech, protest, or assembly protected by the United States Constitution. The university may, however, impose the following measures, which do not violate the first amendment to the United States Constitution or 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 NEOMED property to protect the free speech rights of students and faculty and preserve the use of the property for the advancement of the university's mission;

(d) Prohibiting or limiting speech, expression, or assemblies that are not protected by the first amendment to the United States Constitution or Ohio Constitution; or

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

(11) Complaints regarding violations of this rule

A student, student group, or faculty member may submit a complaint about an alleged violation of this rule by an employee of the university. Complaints alleging a faculty member violated this rule should be submitted via email to [e-mail]. The process for reviewing complaints, which shall comply with standards adopted by the chancellor of the department of higher education, will include an investigation of the alleged violation, and a fair and impartial hearing. If the hearing determines this rule was violated, the university shall determine a resolution to address the violation and prevent any further violation of this rule, which may include discipline of the employee, up to and including termination of employment.

Last updated November 25, 2024 at 8:16 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12