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

Chapter 3349-7 | Human Resource Rules

 
 
 
Rule
Rule 3349-7-01 | Definitions.
 

(A) Purpose

To promote clarity in the university's human resources rules.

(B) Scope

The definitions set forth in this rule have applicability to all university rules, unless an alternative definition is specified within the rule for specific application to the issue being addressed.

(C) Definitions

(1) "Appointing Authority" refers to the person who has the power to appoint or remove an employee from a given position within the university based on a delegation of authority by the university's board of trustees pursuant to the powers granted to the board of trustees by division (F) of section 124.14 of the Revised Code. For unclassified hourly employees and for classified civil service employees of the university, the appointing authority is the director of human resources. For administrative staff, the appointing authority is the division director in which a given department or other organizational unit is located. For faculty, the appointing authority is the dean of the respective college.

(2) "Board of Trustees" ("Board") is established by section 3350.10 of the Revised Code and derives its power to govern from section 3350.12 of the Revised Code. The board is the governing body for the university and all its component colleges.

(3) "Break in Service" is a separation from public service of thirty-one days or more. Any university approved leave of absence, or any separation from service which carries the right to reinstatement, or reemployment shall not constitute a break in service; so long as the employee is reinstated or reemployed within the allowable time. The time the employee was on leave of absence or was separated shall not be counted in the calculation of retention points for continuous service.

(4) "College" means an academic unit headed by a chairperson or director.

(5) "Continuous Service" means service with a state of Ohio agency, an Ohio county office, or a state of Ohio supported college or university without a break in service.

(6) "Day(s)" mean calendar days, unless otherwise specified.

(7) "Dean" means the chief academic unit headed by a chairperson or director.

(8) "Department" means an academic unit headed by a chairperson or director.

(9) "Educational Records" means those records, files, documents and other materials which contain information directly related to a student and are maintained by a college, school, department, office or other university organization, subdivision or by a person acting for the university or any of its subdivisions.

(10) "Full-Time Employee" is an employee whose regular hours of duty total eighty hours in a bi-weekly pay period.

(11) "Immediate Supervisor" is the person who directs or oversees the work of another.

(12) "Normal Working Hours" are established from eight a.m. to five p.m. unless otherwise directed by the immediate supervisor.

(13) "Part-Time Employee" is an employee whose regular hours of duty are less than the eighty hours in a bi-weekly pay period.

(14) "Persona Non Grata" means that a nonstudent has exhibited behavior which has been deemed detrimental to the university community and thus is no longer permitted to frequent or be present in any or specified university locations.

(15) "President" means the president of the university.

(16) "Rootstown Campus" includes all of the real property, buildings and equipment owned by or for the benefit of the university that are located in Rootstown township, Portage county, Ohio.

(17) "Senior Administration" or "Leadership Team" are those individuals so designated by the president.

(18) "Student" means any person admitted or enrolled at the university in any of its courses or programs.

(19) "University" is the state supported higher education entity organized under the authority created by section 3350.10 of the Revised Code.

(D) Rule statement

(1) Words have their ordinary and widely accepted meaning unless the word or phrase has been assigned a specific meaning in federal laws and regulations, the Revised Code, the Administrative Code or university rule.

(2) The university hereby adopts the definitions set forth in federal laws and regulations, the Revised Code and the Administrative Code, as it applies to the university, as may be amended from time to time, unless the university has specifically adopted another definition for the term within this rule or any other rule of the university. This rule and each specific rule of the university should be consulted as necessary to determine if the university has given the word or phrase specific meaning.

(3) The administration of the university is hereby delegated the authority to amend these definitions as necessary to the further purpose, goals and mission of the university.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-05 | Access to employee personnel records.
 

(A) Purpose

To provide guidelines for employees to access their personnel records; to provide criteria for the review by other management personnel; and to prescribe the information that may be contained in personnel records.

(B) Scope

This rule applies to the personnel records of all employees, including but not limited to faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Personnel Records" identify the employee, contain information used to populate the university's human resource database, and to document the employee's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.

(3) "Medical Records" refers to any documentation concerning the medical history, diagnosis, prognosis, or medical condition of an employee created and maintained in the process of medical treatment.

(4) "Intellectual Property Records" refers to a majority of research based documentation, other than financial and administrative data, that has not previously been publicly released, published, or patented.

(D) Rule statement

(1) Personnel records are maintained in the department of human resources and are available to the employee, or a person specifically authorized in writing by the employee to review or receive such information; and, to any management official who has a legitimate, verifiable need to know specific information about the employee. Telephone requests for information from outside the university shall be limited to verification of employment dates and job title.

(2) An employee's personnel record shall contain necessary job-related and personal information, including but not limited to, identifying information, such as the employee's name, address, and job title; any employment applications, position descriptions, compensation records, information pertaining to benefit enrollment, disciplinary records, attendance records, confidentiality agreement, performance appraisals, university sponsored employee certificates, acknowledgements of university rules and procedures, and any other job-related information. The following documents shall not be contained in an employee's personnel record: payroll records, medical records, intellectual property records, and attorney-client privileged communications.

(3) Some items in the employee's personnel record are subject to disclosure pursuant to a public records request. However, if the information contained in an employee's personnel file does not serve to document the activities of the university, the item in a personnel file is not public record and does not need to be disclosed. Before personnel records are disclosed pursuant to a public records request, the university's office of the general counsel shall review the public records request and respond accordingly.

(4) Each employee shall have only one personnel record. Personnel records will be retained by the university's department of human resources for six years from the date of separation. Employees may review their own personnel records one time per calendar year in the university's department of human resources at a mutually established time and place.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-10 | Affirmative action, equal employment opportunity and non-discrimination/harassment.
 

(A) Purpose

To establish an affirmative action, equal education and employment opportunity, and non-discrimination/harassment rule to promote compliance with state and federal laws as well as reinforce university's commitment to maintaining a professional and collegial work and learning environment in which all individuals are treated with respect and dignity. Every individual has the right to work and learn in a professional atmosphere.

(B) Scope

This rule applies to all students, faculty, staff, employees and applicants for employment or admission to the university and its programs.

(C) Definitions

(1) "Abusive/bullying behavior" is the persistent use of offensive conduct that gradually undermines an individual's self-esteem and confidence. Abusive or bullying behavior is different than that of constructive criticism or counseling to address and improve performance. Abusive or bullying behavior is unprofessional and inappropriate for the workplace.

(2) "Affirmative Action" is required under executive order 11246. It is designed to promote equal educational and employment opportunities for protected class members in all policies and decisions affecting employment and education.

(3) "Applicant" is an individual who has applied for either a specific position at the university, or who has applied for admission to the university.

(4) "Discrimination" occurs when an adverse employment or education action is taken that is based upon a protected class.

(5) "Equal Education Opportunity" means that all persons in a protected class shall have equal access to participate in educational activities.

(6) "Equal Employment Opportunity" means that all persons in a protected class shall have equal access to positions at the university, limited only by their ability to do their job.

(7) "Harassment" is an unwelcome, verbal or physical conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits a protected class member's ability to participate in or benefit from the university's education and employment programs or educational activities. The harassment is can form the basis for differential treatment or the creation of a hostile environment.

(a) Harassment can include conduct that is deemed by the university to be harmful, threatening, abusive, vulgar, obscene, or hateful.

(b) The conduct alleged to constitute harassment under this rule will be evaluated from the prospective of a reasonable person similarly situated to the complainant, in consideration of all the facts and circumstances.

(c) Harassment must be distinguished from behavior which, even though unpleasant or disconcerting, is appropriate to the carrying out of instruction, advisory, or supervisory responsibilities.

(d) This definition does not include sexual harassment. See rule 3349-10-75 of the Administrative Code.

(8) "Protected Class" and "Protected Status" are defined by state and federal law to include age, color, disability, gender identity or expression, genetic information, national origin, race, religion, sex, sexual orientation, transgender status, status as a parent during pregnancy and immediately after the birth of a child, status as a parent of a young child, status as a foster parent, or veteran status.

(D) Rule statement

(1) The university is an equal education and employment institution operating under nondiscrimination provisions of Title 41, Ohio Revised Code; Titles VI, VII of the Civil Rights Act of 1964, as amended; and Title IX of the Educational Amendments of 1972, as amended; Executive Order 11246, as amended; Vocational Rehabilitation Act section 504; Vietnam Era Veterans' Readjustment Act, as amended; Age Discrimination in Employment Act of 1967, as amended; Title II of the Genetic Information Nondiscrimination Act of 2008; State of Ohio Executive Order 2019-05D; State of Ohio Administrative Policy HR-14; and Americans with Disabilities Act, as amended as related to admissions, treatment of students, programs and activities, and employment practices.

(2) University seeks to promote an environment in which all students, faculty and staff interact on the basis of individual strengths and characteristics, without having such interactions shaped by generalizations or stereotypes based on a person's protected status and to encourage constructive thoughtful and sensitive behavior. Harassment and unlawful discrimination are serious offenses that maybe cause for disciplinary action.

(3) Discrimination and harassment as defined in this rule are prohibited.

(a) All faculty, staff and students have a responsibility for ensuring that university's working and learning environment is free from harassment or unlawful discrimination.

(b) The university reserves the right to take measures to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a hostile work environment.

(c) Abusive/bullying behavior may be addressed through measures such as remedial action(s), conflict resolution mechanisms, coaching and/or additional civility education trainings.

(4) Retaliation against person who file complaints or cooperate with the investigation of a complaint of discrimination and/or harassment is a violation of this rule, as well as the law, and is strictly prohibited.

(5) Employees, students, or applicants who believe they have experienced harassment, discrimination, or retaliation may report the incident to their supervisor, manager or the department of human resources using the discrimination complaint form.

Faculty, staff and students share the duty to report all instances of discrimination or harassment of which they are aware directly to the department of human resources.

An employee or applicant for employment may also file a complaint with one of the external agencies.

(6) The duties and responsibilities of all departments or division under this rule include:

(a) Ensuring that affirmative action goals are met to the extent possible;

(b) Ensuring the management practices prevent discrimination and support equal employment opportunity ("EEO");

(c) Providing information and resources to supervisors, managers, and employees in support of affirmative action, "EEO," and non-discrimination;

(d) Ensuring that instances of discrimination are promptly referred to the department of human resources.

(e) Ensuring that corrective action steps are properly implemented; and

(f) Consulting with the department of human resources to meet obligations under this rule.

(7) The duties and responsibilities of the department of human resources include:

(a) Producing and maintaining the university affirmative action plan;

(b) Tracking the outcomes of the plan;

(c) Consulting with the departments regarding results of the affirmative action planning process and their responsibilities under this rule;

(d) Providing affirmative action, "EEO," and non-discrimination information and resources;

(e) Investigating complaints of discrimination and harassment under the reasonable person standard and issuing action steps for correction where necessary.

(i) If the department of human resources determines that a person intentionally falsely accused another of discrimination or harassment, appropriate actions will be recommended against the person.

(ii) Allegations of harassment and unlawful discrimination often involve the collection, use and disclosure of sensitive personal information. All reasonable measures will be taken to maintain confidentiality. Information concerning a complaint may be provided to appropriate university officials on a need-to-know basis. Any person knowingly, willfully or negligently breaching confidentiality may be subject to sanctions or other appropriate action.

(iii) All information will be treated as "supplied in confidence for investigatory purposes." All closed investigatory files will be retained by the general counsel in accordance with the university's record retention rule.

(iv) All investigations will comply with any grant related requirements for notifying the granting agency or removing investigators or other remaining personnel from an award during the pendency of an investigation.

(8) This rule will not be interpreted, administered or applied to infringe upon the academic freedom of any faculty, staff or student. The frank discussion of controversial ideas, the pursuit and publication of controversial research and the study and teaching of material with controversial content do not constitute harassment, provided these activities are conducted in an atmosphere of respect.

(9) This rule is not to be interpreted, administered or applied in such a way as to detract from the right and obligation of those in supervisory roles to manage performance and behavior and subsequently discipline employees and students, subject to managerial and instructional policies and procedures.

(10) When a faculty member is charged with harassment or discrimination, this rule and the procedures promulgated hereunder will be employed in lieu of the procedures outlined in faculty bylaws appendix D (university procedure for sanctions of faculty), including censure and dismissal for just cause.

(11) All faculty, staff and students have an obligation to cooperate in the investigation of any allegations brought forth under this rule. Faculty, staff and students share the responsibility for preventing and reporting all instances of discrimination or harassment of which they are aware.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 3/1/2019
Rule 3349-7-15 | Campus closing.
 

(A) Purpose

To establish a rule regarding campus closing.

(B) Scope

This rule applies to all faculty, administrative staff, unclassified hourly employees and classified civil service employees at the university. This rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Normal Working Hours" for unclassified hourly employees and classified civil service employees are from eight a.m. to five p.m. unless otherwise directed by the immediate supervisor. Normal working hours for faculty and administrative staff are established by the immediate supervisor.

(3) "Regular Rate of Pay" refers to the employee's base rate of pay.

(D) Rule statement

(1) Campus closing

(a) Campus closings will be announced on the university's official notification sites. A list of official notification sites can be obtained from the department of human resources.

(b) Employees who are required to work on a day when the university is officially closed due to weather or other unforeseen circumstances will be compensated for the number of hours for which other hourly personnel are compensated; plus they will be compensated at one and one half times their regular rate of pay at the time earned, for the number of hours actually worked.

(c) Compensatory time may be elected in lieu of overtime compensation.

(2) Call back pay

(a) Employees who are required to return to the worksite after the employee's normal working hours are over will be eligible for call back pay. Continuous work hours are not covered by this call back pay provision.

(b) An employee entitled to call back pay will receive a minimum payment of four hours at the employee's regular rate of pay. If an employee works more than two and three quarters hours in a call-back situation, payment will be made at the overtime rate of one and one half times the employee's regular rate of pay at the time earned.

(c) The employee may elect compensatory time in lieu of paid overtime.

(d) Employees who are required to report to the worksite to perform these time sensitive or essential functions will be entitled to pay for such hours worked on site at one and one-half times the employee's regular rate of pay. The remaining hours of the paid personal day will be compensated at the regular rate of pay.

(e) The employee may elect compensatory time in lieu of paid overtime.

(3) If an employee is scheduled for sick leave, vacation leave, personal leave or compensatory time on a day when the campus is closed, the time card or leave form concerning the period of scheduled absence must reflect the scheduled absence and not the campus closure.

(4) Part-time classified employees may claim as authorized time off with pay only their regularly scheduled work hours that are affected by the closing, regardless of the length of the closing (e.g., a part-time employee who is regularly scheduled for a five hour work day will be paid only for a five hour day even though the Rootstown campus was actually closed for a full eight hour day).

(5) Any on-call employees (including classified civil service or administrative staff) who are scheduled to work on a day when the campus is closed will not be paid if they do not work. If an on-call employee is asked to work on a day that campus is closed, the employee will be paid straight-time for the time worked.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Prior Effective Dates: 10/28/2010
Rule 3349-7-25 | Disability and accommodation.
 

(A) Purpose

The purpose of this rule is to ensure that a qualified applicant for employment or an employee with a disability receives reasonable accommodation in the work place as required by the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and state and local requirements regarding persons with disabilities. The university is enriched by persons with disabilities in its student body and employees, it is important to also understand and support the needs and rights of these individuals.

(B) Scope

This rule applies to all applicants for employment and to all employees of the university including but not limited to faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Disability" refers to:

(a) A physical or mental impairment that substantially limits one or more of the major life activities of an individual;

(b) A record of physical or mental impairment; or

(c) Being regarded as having a physical or mental impairment.

(d) "Disability" does not include a substance abuse disorder resulting from current alcohol abuse or current illegal use of any drug.

(3) "Direct threat" refers to a significant risk to health or safety of others that cannot be eliminated by reasonable accommodation.

(4) "Reasonable accommodation" includes, but is not limited to:

(a) Making existing facilities used by employees readily accessible to and usable by employees with disabilities; and

(b) Job restructuring, modified work schedules, acquisition or modification of equipment or devices, the provision of qualified readers or interpreters and other similar accommodations.

(5) "Qualified individual with a disability" refers to an individual with a disability who, with or without reasonable accommodation meets the essential eligibility requirements for the receipt of services or participation in programs or activities provided by the university.

(6) "Major life activities" include but are not limited to caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(D) Rule statement

(1) The university's rule is to comply with the provisions of federal and state of Ohio law regarding persons with disabilities in the workplace. Under those laws, no otherwise qualified individual with a disability will be denied access to participation in services, programs, or activities of the university solely by reason of his or her disability. All employees will be held to the same performance standards and must be able to carry out the essential functions of their positions or programs with or without reasonable accommodation.

(2) The university strictly prohibits any form of retaliation against any employee who requests an accommodation, reports or participates in the investigation of a complaint, or otherwise exercises rights secured by this rule.

(3) Disclosure of disability and documentation.

(a) Disclosure is a matter of choice. An employee with a disability may choose not to request reasonable accommodations unless the disability presents a direct threat to the health or safety of others.

(b) Upon request of employees with disabilities, the university will make efforts to provide reasonable accommodations; however, the university is unable to make accommodations that impose an undue burden, present a direct threat to the health or safety of others, or fundamentally alter the nature of its programs, services, or activities.

(c) However, employees who choose to request an accommodation must disclose the underlying disability and provide documentation as required under this rule.

(d) Request for reasonable accommodation forms may be obtained from, and upon completion should be returned to, the department of human resources.

(e) Review

(i) The director of human resources or his/her designee will review the request for reasonable accommodation forms. An employee may be required by the director of human resources to provide further information or documentation.

(ii) The director of human resources or his/her designee will notify the applicant or employee in writing of the decision concerning the requested accommodation, and a copy will be sent to the employee's department head.

(f) Professional verification of disability

(i) Employees with a disability who request reasonable accommodations may be required to provide current written verification of the disability certified by a licensed physician, psychologist, audiologist, speech pathologist, rehabilitation counselor, physical therapist, occupation therapist or other health care provider who is qualified to diagnose or treat the disability in the state of Ohio. Further documentation may be required. Documentation should reflect the employee's present level of functioning in the major life activity affected by the disability and the effect the disability has on the employee's role at the university.

(ii) Responsibility for the cost of the initial professional verification of a disability and any supplemental assessments will be borne by the employee requesting accommodation. Responsibility for the cost of obtaining additional professional opinions requested by the university will be borne by the university.

(g) Records and retention

All information regarding the disability and any reasonable accommodations will be maintained by the department of human resources in accordance with the records retention schedule will maintain the files of applicants who are not hired who have made an accommodation request.

(4) Confidentiality

All information must be treated as confidential within the limits of federal and Ohio law.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 10/28/2010
Rule 3349-7-30 | Domestic partner benefits.
 

(A) Purpose

To establish a rule to extend certain benefits to the domestic partners of eligible employees and the dependent children of eligible domestic partners.

(B) Scope

This rule applies to all full-time faculty, administrative staff, unclassified hourly employees and classified civil service employees. This does not apply to student employees or graduate student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Dependent Children" under federal law refers to the biological child, stepchild, or adopted child of an employee who is under the age of twenty six and does not have their own insurance coverage through an employer. Pursuant to state law, a dependent child can also include the biological child, stepchild, or adopted child of an employee who is under the age of twenty eight and is: unmarried; a resident of Ohio or a full-time student at an accredited public or private institution of higher education; not employed by an employer that offers any health benefit plan for which the child is eligible; and not eligible for insurance coverage under medicaid or medicare. The university has expanded the foregoing legal definitions of "Dependent Children" to also include the biological child, stepchild, or adopted child of an employee's domestic partner, as long as that child meets the age-related criteria set forth above.

(3) "Domestic Partner" is a person who meets all of the following criteria:

(a) At least eighteen years of age, competent to enter into a contract;

(b) Is the sole domestic partner of an eligible employee and intends to remain so indefinitely, and is emotionally and financially responsible for each other's common welfare;

(c) Not legally married to another individual;

(d) Not related to each other by blood in a manner that would bar marriage in the state of Ohio;

(e) Has been in the relationship with the eligible employee for at least six consecutive months or more, and has shared a residence for six consecutive months or more;

(f) Has allowed at least twelve months to pass since the termination of any previous domestic partnership; and,

(g) Has filed a domestic partner affidavit in accordance with university rule.

(D) Body of the rule

(1) The university hereby extends as outlined herein, the following benefits to eligible employee domestic partners and the dependent children of eligible domestic partners.

(a) Group insurance benefits (including vision benefits as January 1, 2011),

(b) Educational benefits, and

(c) Access to programs, (including employee assistance programs) services and facilities of the university,

(2) The university hereby also amends the bereavement leave, sick leave, and family medical leave act rules of the university to allow eligible employees to use such leave in support of the domestic partners they have identified in an affidavit of domestic partnership and their eligible family members.

(3) The university will apply the dependent qualification test under the internal revenue code and regulations to the benefits provided to eligible domestic partners and their eligible dependent children. The fair market value of any benefits extended to eligible domestic partners or their dependent children will be included as taxable income to the employee and will be reported on the employee's W-2 form.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-35 | Mood-altering or consciousness altering substances (drug free workplace).
 

(A) Purpose

To provide a rule that will promote the health and safety of students, employees, and visitors, the university supports and will maintain a drug-free working and living environment.

(B) Scope

This rule applies to all faculty, staff, students, volunteers and any individuals who conduct business for the university. This rule supersedes any provisions of the faculty bylaws which may be in conflict with it.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Controlled Substance" - has the meaning given such term in Schedules I through V of Section 202 of the Controlled Substances Act, 21 U.S.C. 812 (1970).

(3) "Criminal Drug Conviction" - means a finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal state criminal drug statutes.

(4) "Reasonable Belief" - exists when the actor believes that a given fact or combination of facts exists, and that the circumstances which he knows, or should know, are such as to cause a reasonable man to so believe.

(5) "Consciousness or Mood Altering Substance" - means any controlled substance as defined in this paragraph, plus beverage alcohol.

(6) "Controlled Substances or Drugs" - include, but are not limited to:

(a) Narcotics, such as opium, heroin, morphine and synthetic substitutes;

(b) Depressants, such as chloral hydrate, barbiturates, and methaqualone;

(c) Stimulants, such as cocaine (and any derivatives) and amphetamines;

(d) Hallucinogens, such as lysergic acid diethylamide (LSD), Mescaline, phencyclidine (PCP), Peyote, Psilocybin, Ecstasy, and methylenedioxy methamphetamine (MDMA);

(e) Cannabis, such as marijuana and hashish; and

(f) Any chemical compound added to federal or state regulations and denoted as a controlled substance.

(7) "University Premises" - means any building or land owned, leased, or used by the university.

(8) "University Vehicle" - refers to any vehicle owned, leased or operated by the university.

(9) "Criminal Drug Statute Conviction" - occurs when an employee is convicted of or pleads guilty to a violation of a drug statute as defined in the Revised Code.

(10) "Testing for Reasonable Suspicion" - means testing for a specific cause that is conducted immediately after there is significant evidence of using or being under the influence of drugs or alcohol while at work, i.e., aroma of alcohol on breath or directly observed using drugs or drinking alcohol.

(D) Rule statement

(1) The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances or the unauthorized use of alcohol by university employees, students or volunteers on university premises or university vehicles on or off-campus is prohibited.

(2) Employees may not be at work and students may not participate in coursework or clinical work while under the influence of alcohol or while unlawfully using controlled substances.

(3) This rule provides minimum standards; university departments or contracts may impose stricter standards.

(4) The consumption of alcohol at events where the university has authorized such use is permitted. At such events the use must be sanctioned by the university as well as permitted by the appropriate state agency. Only individuals of legal drinking age may consume alcohol at these events.

(5) General prohibitions and sanctions

(a) The university prohibits its employees and students from the unlawful use, possession, dispensation, distribution, or manufacture of any controlled substance while in the workplace or anywhere on the Rootstown campus.

(b) The consumption of alcoholic beverages by employees or students on the campus at events other than those sanctioned or sponsored by the university is prohibited.

(c) An employee who violates any provision of this rule will be subject to sanctions up to and including termination of employment, a student who violates any provision of this rule will be subject to sanctions up to and including dismissal.

(d) The severity of the sanctions will depend upon the circumstances of the situation.

(6) Employee and student responsibility to report convictions for drug related offenses

(a) Any university employee who is convicted of workplace related substance abuse violation must report the conviction to his/her immediate administrative supervisor within five days. Students must report such corrections to the dean for student affairs or equivocal.

(b) The employee may be subject to sanctions, up to and including termination of employment. Students may be subject to sanctions up to and including dismissal.

(c) The employee may be required to enter a government approved drug rehabilitation program.

(d) Any employee who fails to report a workplace or a student who fails to report any conviction for substance abuse related substance abuse conviction within five days may be subject to sanctions, up to and including termination of employment or dismissal from the program.

(7) Chemical dependency

(a) In cases where the university has a reasonable belief that a faculty or staff member has developed an alcohol or other substance abuse problem; the employee will be assessed, counseled and referred, if appropriate, to a rehabilitation program.

(b) However, if after appropriate referral the employee is unable to perform assigned job duties, appropriate sanctions will be applied, up to and including termination of employment.

(8) Drug testing

All federal, state or local regulations regarding drug testing and monitoring will be followed. There are four situations when the university can conduct tests. All information pertaining to an individual's drug tests or results will be kept confidential, except on a need-to-know basis. All testing conducted under this rule will be done in accordance with standards established by the university department of human resources in conjunction with the offices of employee health services or the office of student affairs and environmental health and safety.

(a) Pre-employment testing. Applicants to specific safety-related and other designated positions at the university will be drug tested after receiving a final offer of employment and prior to beginning work. Applicants will be notified at the time of application that testing for drugs is a requirement of the employment process. Offers of employment are contingent upon successfully passing a drug test.

(b) Testing for reasonable suspicion for employees. Drug or alcohol testing may be conducted if there is reasonable suspicion of working under the influence of alcohol or drugs.

(i) Testing for reasonable suspicion may be requested by an immediate supervisor, department chair, or other university administrator in consultation with the director of human resources.

(ii) Individuals testing positive will be referred to the university employee assistance program or a substance abuse professional if an external expert is used for evaluation. The evaluation will determine and recommend if substance abuse treatment or education is appropriate and/or necessary.

(iii) The director of human resources and the safety officer will review the recommendation and may determine that rehabilitation is a requirement for any current employee who has an alcohol or drug problem that affects job performance.

(iv) Refusing a drug test will be handled by the director of human resources.

(c) Testing for reasonable suspicion for students. Drug or alcohol testing for students may be ordered by the dean for student affairs if there is a reasonable suspicion of being in class or clinical setting while under the influence of alcohol or drugs. All students with positive results will be referred to the dean for student affairs for further action in accordance with university rule.

(d) Arranging a drug test

When an immediate supervisor believes that drug testing is appropriate, they must contact the department of human resources. The director of human resources who will arrange for the drug or alcohol testing. Drug testing should occur at an approved test site or a local emergency room.

(9) Notification of university security

Any individual observed unlawfully manufacturing, distributing, dispensing, using, or possessing alcohol or illegal drugs on university premises is to be reported immediately to the university office of safety and security.

(10) Office of human resources responsibilities

(a) The university will inform all employees of the drug-free workplace rule upon employment through the employment website and annually through usual employee communication mechanisms.

(b) Provide access to training for supervisors and managers.

(c) Refer and provide appropriate support for employees after drug testing and/or substance abuse treatment or education, facilitate arrangements for testing when there is reasonable suspicion, and consult with departments on individual work agreements for approved returning employees.

(11) Supervisors responsibilities

(a) Supervisors will reasonable suspicion that a substance abuse problem may be resulting in unsatisfactory work performance should review those problems with their department chair and the director of human resources. This referral should be kept confidential. Workplace performance issues should be documented.

(b) Supervisors will take corrective action as appropriate after consultation with the office of human resources.

(c) When there is a suspension of responsibilities directly related to drug or alcohol use, upon authorization to return to work, an individual work agreement should be written in consultation with the director of human resources, the supervisor and the director of occupational safety or equivalent.

(d) Provide appropriate supervision for employees in accordance with return-to-work agreements.

(e) Within thirty days of notification of a criminal drug statute conviction, the employing unit, in consultation with the director of human resources, will take appropriate Pub. Law 110-315 personnel actions against the employee. These actions may include discharge, required participation in an evaluation by the employee assistance program or an external substance abuse professional, and/or follow through with substance abuse education/rehabilitation program if recommended by the evaluating employee assistance program.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015
Rule 3349-7-45 | Educational benefits.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 10/28/2010, 2/15/2019
Rule 3349-7-55 | Employment eligibility verification.
 

(A) Purpose

To comply with the Immigration Reform and Control Act of 1986, 100 Stat. 3359, 8 U.S.C. 1101 ("IRCA") which requires employers to review and certify a new employee's identity and employability through the use of a federal employment eligibility verification (I-9) form.

(B) Scope

(1) This rule applies to all university employees, including but not limited to, faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(2) This rule does not apply to university employees hired prior to November 7, 1986, who have been continuously on the university's payroll since that date.

(C) Definitions

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

(D) Rule

(1) In accordance with the IRCA, the university shall verify employment eligibility of all new employees, in person, within three working days of the beginning of employment.

(2) Employment eligibility must be documented using the I-9 form. The I-9 form lists documents needed to prove employment eligibility. These documents must be inspected for propriety and authenticity, and an authorized university representative must sign the I-9 form.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-60 | Family and medical leave.
 

(A) Purpose

The university promotes a work environment that supports its employees in balancing the demands of the workplace with the needs of families. In accordance with the Family and Medical Leave Act of 1993, 29 U.S.C. Section 2601; 29 CFR 825 (FMLA), eligible employees are permitted up to either twelve or twenty-six work weeks of unpaid leave during a defined twelve month period for qualified leave entitlements.

(B) Scope

This rule applies to all eligible university employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Child" refers to a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person who is standing in loco parentis, who is:

(a) Under eighteen years of age; or

(b) Eighteen years of age or older and incapable of self-care because of a mental or physical disability.

(3) "Eligible Employees" refers to any employee who has been employed by the university for at least twelve months, and who has worked at least one thousand two hundred fifty hours over the previous twelve-month period.

(4) "Health Care Providers" refers to doctors of medicine and osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse midwives, clinical social workers, licensed professional clinical counselor and physician assistants in so far as they perform within the scope of their practice under state law; and Christian science practitioners listed with the "First Church of Christ, Scientist" in Boston, Massachusetts.

(5) "Intermittent Leave" is leave taken in a block of time or by reducing the normal weekly or daily work schedule.

(6) "Next of Kin" is the nearest blood relative of the covered service member.

(7) "Parent" refers to a parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child.

(8) "Serious Health Condition" refers to an illness, injury, impairment, or physical or mental condition that involves:

(a) Any period of incapacity or treatment connected with inpatient care (or overnight stay) in a hospital, hospice, or residential medical care facility; or

(b) Continuing treatment by a health care provider.

(9) "Spouse" refers to individuals who are recognized as lawfully married under the law of any state.

(D) Rule statement

(1) Leave entitlements

(a) An employee is entitled to a maximum of twelve unpaid work weeks of leave in any twelve-month covered period for one or more of the following reasons:

(i) To care for a child during the first year following birth, adoption, or foster care placement;

(ii) To care for a spouse, child or the employee's parent who has a serious health condition;

(iii) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee; or

(iv) An employee's spouse, child, or parent is on active military duty or has been notified of an impending call to active duty status, in support of a contingency operation.

(b) An employee is entitled to a maximum of twenty-six unpaid work weeks of leave in any twelve-month covered period for the following reason:

To care for a spouse, child, parent, or next of kin service member who is recovering from a serious illness or injury sustained in the line of duty while on active duty.

(c) Employees who are spouses are jointly entitled to a combined total of twelve weeks of "FMLA" leave for the birth, or placement of a child for adoption or foster care, or to care for a child or parent who has a serious health condition.

(2) Covered period

Employees may take up to twelve or twenty-six weeks of unpaid, job-protected leave in a twelve-month period for the reasons specified in this rule depending on leave entitlement. The twelve-month period is for a "rolling" twelve-month period measured forward from the date the employee returns to work from FMLA leave.

(3) Reduced or intermittent leave

(a) Under some circumstances, an employee may take FMLA leave intermittently. Employees who require intermittent leave or reduced schedule leave for a foreseeable medical treatment (for the employee, spouse, child or parent) must work with their immediate supervisor, the director of human resources, and their health care provider to schedule the leave so that it is not unduly disruptive to the operation of the university.

(b) "FMLA" leave may be taken intermittently whenever it is medically necessary to care for a seriously ill spouse, child, parent, or because the employee is seriously ill and unable to work. Employees must follow the notification and certification provisions set forth in this rule.

(c) "FMLA" leave to care for a child during the first year following birth, adoption, or foster care placement shall not be taken by an employee intermittently or on a reduced leave schedule without the approval of the immediate supervisor and the director of human resources.

(d) The taking of FMLA leave intermittently or on a reduced leave schedule shall not result in a reduction in the total amount of FMLA leave to which the employee is entitled beyond the amount of FMLA leave actually taken.

(e) The university may limit "FMLA" leave increments to the shortest period of time that the university's payroll system uses to account for absences.

(4) Relationship to paid or unpaid leave policies

(a) Employees are required to take accrued but unused sick leave, vacation leave, compensatory time, personal leave, or other paid time before taking unpaid leave for the twelve or twenty-six week period. Time taken will be counted concurrently toward both FMLA leave and the appropriate paid or unpaid leave. If paid leave balances are insufficient to cover the twelve or twenty-six work weeks, the additional amount of FMLA leave necessary to attain the twelve or twenty-six work weeks of leave will be unpaid.

(b) Notwithstanding paragraph (D)(4)(a) of this rule, employees may request to reserve up to eighty hours of paid vacation leave. The request must be made in writing prior to taking FMLA leave, if foreseeable, and submitted to the director of human resources. The director of human resources may approve the request after consultation with the immediate supervisor.

(5) Notice and certification

(a) Employees seeking to use FMLA leave must provide:

(i) Thirty-day advance notice of the need to take FMLA leave when the need is foreseeable;

(ii) Medical certification supporting the need for FMLA leave due to a serious health condition affecting the employee, spouse, child or parent;

(iii) Second or third medical opinions if required by the university and periodic re-certifications (at the university's expense); and

(iv) Periodic reports during FMLA leave regarding the employee's status and intent to return to work.

(b) The director of human resources will respond to all FMLA leave requests in writing.

(6) Continuation of benefits

(a) The university will maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken, under the same terms as if the employee had continued to work. Employees will continue to be responsible for their share of health care insurance premiums while on FMLA leave. If the employee is in paid leave status while on FMLA leave, appropriate deductions will be taken from the employee's earnings.

(b) If an employee is on unpaid leave status, and the university pays for the employee's share of health care insurance premiums, the cost of such premiums will be deducted from future earnings or from the employee's last paycheck. If the employee does not accrue any further earnings at the university, the employee will be invoiced for amounts paid on their behalf, if any.

(7) Reinstatement

(a) Upon return from FMLA leave, employees will be restored to their original jobs, or to equivalent jobs with equivalent pay, benefits, and other terms and conditions of employment, as required by FMLA.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015
Rule 3349-7-65 | Garnishment of wages.
 

(A) Purpose

To guide the university in abiding by court ordered garnishments.

(B) Scope

This rule applies to all university employees, including but not limited to faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Garnishment" is an order issued by a court attaching an employee's earnings to satisfy a debt incurred by the employee.

(D) Rule statement

The university will comply with all lawful court orders respecting garnishments. Payments in compliance with applicable child support laws are not considered a garnishment. More than one garnishment in a twelve month period may subject the employee to discipline, up to and including result in discharge from the university.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-70 | Group insurance benefits.
 

(A) Purpose

To promote the health and wellbeing of a quality workforce, through the provision of competitive group insurance benefits.

(B) Scope

This rule applies to all full-time employees of the university, including but not limited to, faculty, administrative staff, unclassified hourly staff and classified civil service employees. This rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Dependent Child" under federal law refers to the biological child, stepchild, or adopted child of an employee who is under the age of twenty-six and does not have their own insurance coverage through an employer. Pursuant to state law, a dependent child can also include the biological child, stepchild, or adopted child of an employee who is under the age of twenty-eight and is: unmarried; a resident of Ohio or a full-time student at an accredited public or private institution of higher education; not employed by an employer that offers any health benefit plan for which the child is eligible; and not eligible for insurance coverage under medicaid or medicare.

(3) "Eligible Dependents" include the spouse of an eligible employee, or as specified in a lawful separation agreement or divorce decree, and all dependent children as defined in this rule.

(4) "Eligible Employee" includes full time employees of the university including faculty, administrative staff, unclassified hourly employee and classified civil service employees. Part-time employees and student employees are not eligible.

(5) "Group Insurance Benefits" are a selection of benefits received by an eligible employee provided in accordance with the financial resources and priorities of the university.

(6) "Spouse" refers to individuals who are recognized as lawfully married under the law of any state.

(D) Rule statement

Group insurance benefits, full-time employees

(1) The university may allow for a number of different group insurance benefit options. Information concerning these options are contained in separate provider publications.

(2) Elected group insurance benefits are effective on the employees first date of employment unless otherwise noted.

(3) Coverage for each dependent will be effective with the latter of:

(a) The effective date of full-time appointment for the eligible employee; or,

(b) The date on which a person became an eligible dependent.

(4) The eligible employee must notify the human resources department of any changes in eligibility status for all dependents.

(5) Eligibility for group insurance benefits terminates based on any of the following events:

(a) The employee is no longer a full-time employee of the university;

(b) A dependent no longer meets the definition of "eligible dependent"; or

(c) The death of an employee. All group insurance benefits for the surviving spouse and dependent children terminates on the last day of the second month following the month of the death of an eligible employee;

(d) The retirement of an employee. Group insurance benefits coverage terminates on the date of retirement for those employees who are recipients of Ohio retirement system benefits (except for life insurance). For employees hired before January 1, 1992, comprehensive medical coverage for eligible dependents of Ohio retirement system retirees continues if:

(i) The retired employee had ten consecutive years of full-time service with the university immediately prior to retirement; and

(ii) The eligible dependent was insured when the retired employee's health insurance benefits coverage terminated.

(e) A group rule terminates; or,

(f) The university elects to terminate coverage for a given benefit.

(6) Employees on approved leaves of absence without pay may continue group insurance benefits for up to one year at their expense.

(7) Group insurance benefits remain in effect while an employee is on active military duty for up to thirty-one days. Employees are responsible for their contribution for any health insurance premiums during this thirty-one day period. Employees with longer periods of active military service may elect to continue group insurance benefits for up to eighteen months at their expense.

(8) Arrangements may be made for continuation of group insurance benefits for the eligible employee or eligible dependents under cobra by contacting the human resources department.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015
Rule 3349-7-75 | Jury/civic duty leave.
 

(A) Purpose

To encourage employees to contribute to the community by fulfilling civic duties.

(B) Scope

This rule applies to all institution employees, including but not limited to faculty, administrative staff, unclassified hourly employees, and classified civil service employees. This rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Jury Duty" or "Civic Duty" is service that requires time spent away from the institution as the result of a lawfully issued summons or subpoena.

(3) "Normal Working Hours" are hours specified by the immediate supervisor of an employee regarding when the employee will generally perform work for the institution.

(D) Rule statement

(1) Except as otherwise provided by law, employees will be granted leave with full pay if they are:

(a) Summoned for jury duty by a court of competent jurisdiction;

(b) Subpoenaed or summoned to appear before any court, commission, board or other legally constituted body authorized by the law to compel the attendance of witnesses, where the employee is not a party (plaintiff or defendant) to the action; or,

(c) Required to participate in any action, as an appellant or subpoenaed witness, before the state personal board of review and are in active pay status at the time of the scheduled hearing.

(2) An employee who is appearing before a court or other legally constituted body in a matter in which the employee is a party may be granted vacation time or leave of absence without pay. Such instances would include, but are not be limited to, criminal or civil cases, traffic court, divorce or custody proceedings, or when they are appearing because they are directed to appear as a parent or guardian of a juvenile. proof of appearance may be required.

(3) Any compensation or reimbursement for jury duty or for court attendance compelled by summons or subpoena, when such duty is performed during an employee's normal working hours, shall be remitted by the employee to the accounting department. All employees must make the appropriate notations on their time record.

Last updated April 9, 2021 at 1:34 PM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015
Rule 3349-7-85 | Legal holidays and religious observances.
 

(A) Purpose

To comply with federal and state laws and to provide employees with advance notice of the university's holiday schedule.

(B) Scope

This rule applies to all university employees, including, but not limited to, faculty, administrative staff, unclassified hourly employees and classified civil service employees. It does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Active Pay Status" includes regular hours worked, vacation leave, sick leave, compensatory time, personal leave, legal holiday leave, winter break leave, and civic duty leave.

(D) Rule statement

(1) The university observes the following ten state of Ohio legal holidays: the first day of January; the third Monday in January, the third Monday in February; Memorial day; the fourth day of July; the first Monday in September; the second Monday in October; the eleventh day of November; the fourth Thursday in November; and the twenty-fifth day of December. The university will also observe any other holiday appointed and recommended by the governor of this state or the president of the United States. Employees shall be paid for these holidays unless otherwise specified by university rule.

(2) The board of trustees may designate alternate days for observance of the legal holidays otherwise observed on the third Monday in January, the third Monday in February, and the second Monday in October.

(3) If an employee observes certain religious holidays not observed by the state of Ohio, the immediate supervisor should allow the employee to take accumulated but unused vacation time or compensatory time earned to observe the holiday.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Prior Effective Dates: 9/8/2016
Rule 3349-7-95 | Military leave.
 

(A) Purpose

To establish a uniform rule for military leave that complies with the federal and Ohio law as it pertains to permanent employees at the university.

(B) Scope

This rule applies to all permanent employees at the university.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Military" refers to any branch of the state or federal uniformed services.

(3) "Permanent Employee" refers to any person holding a position at the university that requires working a regular schedule of twenty-six consecutive bi-weekly pay periods, or any other regular schedule of comparable consecutive pay periods, which is not limited to a specific season or duration. "permanent employee" does not include student employees; intermittent, seasonal, or external interim employees, or individuals covered by personal services contracts.

(D) Rule statement

(1) Military leave with pay

(a) Employees who are members of the Ohio national guard, the Ohio defense corps, the Ohio naval militia, or members of other reserve components of the armed forces of the united states are entitled to a military leave of absence from their duties without loss of pay, for such time as they are in the military service on field training or active duty for a period not to exceed thirty-one days in any one calendar year. The maximum number of hours for which payment can be made in any one calendar year is one hundred seventy-six hours.

(b) Employees shall receive compensation they would have received for up to one hundred seventy-six hours even though they served for more than thirty-one days of such year on field training or active duty. There is no requirement that the service be for one continuous period of time.

(c) Employees are required to submit to the director of human resources an order or statement from the appropriate military commander as evidence of military duty before military leave with pay will be granted.

(2) Military leave without pay

(a) Employees shall be granted a leave of absence to serve in the military upon giving notice to their immediate supervisor and the department of human resources. This leave shall be without pay and shall be considered as a leave of absence from the university with reinstatement rights. No single leave of absence or combination of military leaves of absence may exceed five years or a single, longer period required to complete an initial period of obligated service.

(b) If an employee is on military leave without pay the employee will be given the option of making direct payments of the employee's share of the health insurance premium for up to thirty-one days. Employees with longer periods of service will be given the option of continuing health care coverage and related benefits for up to eighteen months. Such continuation shall be at the employee's expense, and the employee may be required to pay up to one hundred two per cent of the entire health insurance and related benefits premium costs.

(c) An employee returning from military leave without pay must apply for reinstatement. The application must be submitted to the director of human resources.

(i) Leave of less than thirty-one days: immediately upon release from military leave, the university will allow for travel time and eight hours of rest;

(ii) Leave of thirty-two to one hundred eighty days: within fourteen days of completing military service requirement; or

(iii) Leave of more than one hundred eighty days: within ninety days of completing military service requirement.

(iv) If the military leave of absence was for more than ninety days, the director of human resources may require, with the application, evidence showing that the application is timely, the duration of all such leaves of absence does not exceed five years or the time to complete the initial period of obligated service, and the employee's entitlement to reemployment has not terminated according to the circumstances described in the Uniformed Services Employment and Reemployment Rights Act of 1994, 108 Stat. 3149 (1994), 38 U.S.C.A. 4301 and 4304, as amended.

(d) Upon return from a period of duty in the military lasting ninety calendar days or less, the employee shall be returned to the same or similar position within the employee's former classification. If the period of duty lasts more than ninety days, the employee may be placed in any position of equivalent status, seniority, and pay. Regardless of the duration of duty, if the director of human resources demonstrates that reinstatement is impossible or would impose undue hardship, the employee may be assigned to another position with like seniority, status, and pay or the nearest approximation thereof consistent with the circumstances of the case.

(e) If the employee is unable to perform the duties of their former position by reason of injury or illness incurred or aggravated during military service, the director of human resources shall make reasonable efforts to accommodate the employee's disability in accordance with the university's rule on disabilities and accommodations. These efforts shall include placing the employee in another position in which the employee is qualified and able to perform the essential duties that will provide similar status, seniority, and pay.

(f) If an employee who is entitled to reinstatement under this rule is unable to report for or perform the duties of their position at the date of their application for reinstatement because of an injury or illness incurred or aggravated during uniformed service, the employee shall have up to two years to recover from that illness or injury before being required to report or reapply.

(g) A reinstated employee shall receive all rights and benefits generally available to employees in a comparable leave of absence without pay, including the following:

(i) All sick leave, vacation leave, and personal leave which had been accumulated at the time of entering service;

(ii) All seniority which would have accrued had the employee been on the job;

(iii) Automatic salary adjustments associated with the position and due the employee had the employee been on the job;

(iv) Any change in classification or pay range which would be due the employee had the employee been on the job; and

(v) Reinstituted health insurance and related insurance benefits with no waiting periods or pre-existing condition exclusions.

(h) Termination

(i) Employees reinstated after military leave without pay lasting from thirty-one to one hundred eighty days shall not be terminated from their position within one hundred eighty days of reinstatement without cause.

(ii) Employees reinstated after military leave lasting one hundred eighty-one days or more shall not be terminated from their positions within one year of reinstatement without cause.

(i) The provisions of this rule do not apply to an employee who accrues more than five years of cumulative, military service, except as provided in 38 U.S.C. 4312, as amended.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-100 | Nepotism.
 

(A) Purpose

To establish a rule to ensure that the hiring and supervision of employees is conducted in a manner that enhances public confidence and avoids situations that give the appearance of partiality, preferential treatment, improper influence, or conflict of interest; and to promote the recruitment of a diverse and qualified workforce.

(B) Scope

This rule applies to all university employees, including but not limited to faculty, administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Business Associates" refers to parties who are joined together in a relationship for business purposes or who act together to pursue a common business purpose or enterprise.

(3) "Family Member" is defined to include, but is not limited to spouse (including individuals who are recognized as lawfully married under the law of any state), children (whether dependent or independent), parents, grandparents, siblings, aunts, uncles, nieces, nephews, in-laws, step-children, step-parents, step-grandparents, step-siblings, step-aunts, step-uncles, and other persons related by blood, marriage, or adoption.

(4) "Significant Relationship Partner" refers to people living together as a spousal or family unit when not legally married or related where the nature of the relationship may impair the objectivity or independence of judgment of one individual working with another.

(D) Rule statement

The criteria for appointment and promotion of all employees of the university are appropriate qualifications and performance. More than one family member, significant relationship partners or business associates may be employed at the university. However, a family member, significant relationship partner, or business associate may neither initiate nor participate in decisions which involve a direct benefit or detriment to the other; nor supervise, evaluate or direct the work of the other.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-120 | External professional commitments by faculty and professional staff.
 

(A) Purpose

To establish a rule governing external professional commitments by covered university employees, as defined herein.

Participation by covered university employees of university in activities of government, in industry and in other private institutions commonly serves the academic interest of the university. The public benefits from the dissemination of knowledge and technology developed within the university. Students benefit by learning from faculty who bring knowledge and skills derived from these experiences to the classroom. Moreover, the professional experience and recognition that such participation brings to the faculty member will be shared with the university.

(B) Scope

(1) This rule applies to covered university employees (as defined below) who hold appointments of .75 full time equivalent "FTE" or greater. Unclassified hourly employees, classified civil service employees and student employees are not eligible to consult or to engage in other commitments outside the university during normal working hours.

(2) This rule establishes guidelines and reporting requirements for external professional commitments, external to the university, for which covered employees receive compensation or in which the covered employee holds an equity interest. The following activities are not subject to this rule's guidelines and reporting requirements:

(a) External professional commitments that reflect normal and expected public service activities of covered university employees that do not entail compensation beyond reimbursement for expenses and/or a nominal honorarium. These activities include service to governmental entities and boards such as peer review panels and advisory bodies to other universities; presentations to either professional or public audiences in such forums as professional societies, libraries, and other universities; and peer review activities undertaken for either for-profit or nonprofit publishers.

(b) Healthcare activities that are explicitly a term of the covered university employee's employment (e.g. co-funded faculty positions).

(c) Covered university employees are strongly encouraged to discuss all anticipated external professional commitments with their direct administrative supervisor before engaging in the activity in order to accurately determine whether an activity is exempted from or covered by this rule.

(C) Definitions

(1) "Compensation" refers to direct or indirect receipt of money or its equivalent for services rendered, includes salary and any payment for services not otherwise identified as salary (e.g. consulting fees, honoraria and paid authorships).

(2) "Conflict of Interest" refers to a relationship between a covered university employee's external professional commitments and the covered university employee's expertise and responsibilities at the university such that an independent observer might reasonably question whether the covered university employee's objectivity in the performance of his or her university responsibilities could be compromised by considerations of personal gain.

(3) "Conflict of Commitment" occurs when the time or effort that a covered university employee devotes to an outside professional commitment interferes with the employee's fulfillment of his or her university responsibilities, or when an employee makes unauthorized use of university resources in the course of fulfilling a outside professional commitment.

(4) "Covered University Employees" refers to faculty and professional staff as defined in this rule.

(a) "Faculty" refers to employees appointed to that status by the board of trustees who are employed at least .75 "FTE" by the university.

(b) "Professional staff" includes, but is not limited to, those employees who are employed at least .75 "FTE" by the university and provide leadership for academic programs, personnel, and academic support units; provide professional support to senior university or college administrators both academic and non-academic; or are senior university administrators or those who possess independent decision making and discretionary authority within the university.

(5) "Direct Administrative Supervisor" is the person to whom the covered employee reports within the university. In the case of faculty, the direct administrative supervisor is, generally, the department chair. In the case of department chairs, the direct administrative supervisor is, generally, the dean. In the case of professional staff the direct administrative supervisor is the department manager, the division director or the department chair.

(6) "External Professional Commitment" is a professional engagement, undertaking or obligation that is generally linked to the covered university employee's university responsibilities, but occurs outside of the context of the employee's expected duties to the university.

(7) "Normal Working Hours" are eight a.m. to five p.m. unless otherwise established by the covered university employee's supervisor.

(8) "REPC" refers to the request for approval of external professional commitments form.

(9) "EPCR" refers to the external professional commitments report form.

(10) "Unclassified Hourly Employee" is an hourly employee who is not a classified civil service employee and who is subject to appointment, removal, promotion, transfers or reductions by the appointing authority.

(11) "Unit" may be the university or a college department, office or division.

(D) Body of the rule

(1) Covered university employees are encouraged to engage in external professional commitments to the extent that these activities are clearly related to the mission of the university and the expertise of the covered university employee; provide direct or indirect benefits to the university: and do not entail a conflict of interest as defined herein. As a general rule, the proportion of a covered university employee's professional effort devoted to external professional commitments should not exceed one business day per week. Prior approval must be obtained as outlined below. Covered university employees should avoid any conflict or appearance of conflict between external professional commitments and his or her university responsibilities. In particular, covered university employees should avoid any interruption to their formal instructional activities because of an external professional commitments.

Under Ohio law, the university owns any intellectual property that is a product of university research. When engaged in external professional commitments, a covered university employee must not assign to other entities the rights to a product of university research.

(2) No external professional commitment may interfere with the performance of regular university duties; compete with course work offered by the university; or compete with services offered by the employees unit.

(3) All covered university employees are permitted to engage in external professional commitments up to three days per calendar year without prior approval. However, this activity must be reported annually.

(4) Reporting of professional commitments. Covered university employees are required to report their external professional commitments as follows based on the duration of the commitment:

(a) External professional commitments of less than three days per calendar year do not require prior approval.

(b) External professional commitments of more than three days but less than thirteen days per calendar year do not require prior approval, but must be reported annually on an "EPCR" form.

(c) External professional commitments of more than thirteen days per calendar year or three days in a given month; or an activity likely to attract public attention to the university require approval prior to engaging in the activity. All prior approvals expire at the end of the performance review cycle or no later than June thirtieth. Covered employees intending to continue external professional commitments in a subsequent review cycle must re-submit a 'REPC.'

(5) Covered university employees with external funding must comply with all time and effort reporting requirements established by the university or funding agency.

(6) Unit review of requests

(a) The direct administrative supervisor reviews the information submitted on the "REPC" to evaluate whether or not the activity represents a conflict of commitment or a potential conflict of interest. Consideration shall be given to whether the activity:

(i) May interfere with the covered university employee's primary university activities. Generally, the employee should be able to continue his or her normal teaching, research, service and departmental participation or regular job responsibilities;

(ii) May involve an excessive time commitment. Generally, the time commitment to the activity should be no more than one day per week, on average, for the term of the external appointment;

(iii) Involves teaching at another school or teaching an online course. Generally, the activity should not compete with university services in terms of subject matter, level of education and availability within the local geography;

(iv) Involves conducting research through an outside entity. Generally, the outside commitment should not compete with contract or research opportunities for the university; or

(v) Involves serving as an officer of a professional society or an editor of a professional journal. Generally, the direct administrative supervisor needs to weigh the benefits of assuming professional leadership responsibilities for institutional reputation and personal career development with the extent and duration of any relief from normal job responsibilities that the activity will require.

(b) Decision to approve or deny an outside professional commitment.

(i) The direct administrative supervisor reviews the request and forwards a recommendation to the dean or the division director (or their designee), for consideration. The dean or division director (or their designee), may grant or deny the request as set forth on the "REPC." This recommendation should, generally, be made no later than two weeks from the receipt of the request or as soon as practicable. Decisions by the dean or division director (or their designee) should generally be made no later than two weeks from receipt of the recommendation or as soon as practicable.

(ii) The dean or the division director (or their designee) will notify the individual and the direct administrative supervisor of the decision. If the request is not approved, a written statement of the reason(s) for denying the request will be provided. Decisions by the dean or division director (or their designee) are final. The office of the dean or the division director will retain all associated documentation.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-125 | Position classification.
 

(A) Purpose

To establish a rule to evaluate the current duties and responsibilities assigned to a position in order to determine the appropriate salary range and title.

(B) Scope

This rule applies to administrative staff, unclassified hourly employees, classified civil service employees, and student employees.

(C) Definitions

(1) "Position Classification" is a designation assigned to a position based on job duties responsibilities, and qualifications.

(2) "Position Audit" is an analysis of the position duties, responsibilities, qualifications salary range, and title conducted by the director of human resources, or designee.

(3) A "Salary Range" is a continuum of salaries from minimum to maximum within each salary grade. Positions are assigned within a salary range by the director of human resources.

(D) Rule statement

(1) When a position's duties, responsibilities and qualifications change significantly or new positions are created, a position audit may be initiated by an affected employee, immediate supervisor, department head, or the director of human resources. The position audit will ensure that current duties, responsibilities and qualifications are appropriately reflected in the position's salary range.

(2) The employee and immediate supervisor will complete a position analysis questionnaire and a revised position description. The immediate supervisor will consult with the department head who will review these documents and if approved, send them to the director of human resources.

(a) The submitted documentation must, at a minimum, include the factors set forth in the university's compensation program rule.

(b) The director of human resources or designee will evaluate the documentation submitted to determine if a position reclassification is necessary.

(c) The director of human resources will advise the immediate supervisor and department head accordingly.

(3) Appeals

(a) If an employee and the immediate supervisor do not concur with the determination of the director of human resources, they must consult with the respective department head. If the department head determines that an appeal is warranted, the department head may forward a written appeal to the director of human resources. The director of human resources will forward the documentation to an external human resources consultant chosen by the university.

(i) The external consultant will review the documentation and advise the director of human resources accordingly.

(ii) The director of human resources will advise the immediate supervisor and the department head of the outcome of the consultant's review.

(b) No further appeals may be taken.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-131 | Sick leave and bereavement leave.
 

(A) Purpose

To establish a sick leave rule for faculty and administrative staff.

(B) Scope

This rule applies to all faculty and administrative staff.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Immediate Family" is limited to the employee's spouse (including individuals who are recognized as lawfully married under the law of any state), parents, children, grandparents, siblings, grandchildren, brother-in-law, sister-in-law, mother-in-law, father-in-law, stepmother, stepfather, stepchildren, stepsiblings, or a legal guardian or other person who stands in loco parentis.

(3) "Licensed Practitioner" refers to a person who is licensed to practice medicine, surgery or psychology in the state of Ohio.

(D) Rule statement

(1) Accrual

Faculty and administrative staff accrue sick leave benefits in accordance with the following formula: number of hours worked per month x .0577. Sick leave hours do not accumulate while on an unpaid leave of absence or while receiving paid hours from the sick leave donation pool.

(2) Sick leave notification

(a) Employees who are unable to report for work, and who are not on a previously approved day of vacation or other leave, shall be responsible for notifying the immediate supervisor that they will be unable to report for work. The notification must be made within one half hour after the time the employee is scheduled to report for work, unless emergency conditions prevent such notification. If operational needs require a different notification time, the immediate supervisor may establish a reasonable notification time requirement. If a condition exceeds five consecutive business days, a statement from a licensed practitioner specifying the employee's inability to report to work and the probable date of return to work is required and the following shall apply:

(i) If hospitalization is required, the employee shall be responsible for notifying the immediate supervisor upon admission to such hospital, unless emergency conditions prevent such notification.

(ii) When convalescence at home is expected to exceed five consecutive business days, the employee shall be responsible for notifying the immediate supervisor and for securing a statement from a licensed practitioner stating that the employee is unable to report for work and the expected date of return to work.

(b) Employees taking care of immediate family for a period exceeding five consecutive business days must submit a statement from a licensed practitioner stating that the immediate family member requires care by the employee.

(3) Sick leave paid at retirement

(a) An employee, upon initial disability retirement or initial service retirement, is entitled to a one-time payment of unused accumulated sick leave credit in accordance with this rule.

(b) The employee must have, at the time of initial retirement, ten or more years of actual service with the state of Ohio or any political subdivision of the state of Ohio, or any combination thereof for sick leave payout. Service time purchased toward retirement does not count toward the ten year requirement for sick leave payout. All unpaid accumulated sick leave credit shall be eliminated at the time of sick leave payment, and shall not be re-credited to the employee for any reason.

(c) Payment shall be made for one fourth of the value of any unused accumulated sick leave up to a maximum of the value of two hundred forty hours. The payment shall be in a single lump-sum based upon the employee's rate of pay at the time of initial retirement and shall occur only once during the employee's lifetime.

(4) Sick leave usage

(a) Employees may use sick leave, upon approval of the immediate supervisor, for:

(i) Illness, injury, or pregnancy-related condition of the employee.

(ii) Exposure of an employee to a contagious disease which could be communicated to, and jeopardize the health of other employees.

(iii) Examination of the employee, including medical, psychological, dental, or optical examination, by an appropriate licensed practitioner.

(iv) For bereavement leave upon the death of a member of the employee's immediate family for a period not to exceed five business days.

(v) Illness, injury, or pregnancy-related condition of a member of the employee's immediate family where the employees presence is reasonably necessary for the health and welfare of the employee or affected family member.

(vi) Examination, including medical, psychological, dental, or optical examination of a member of the employee's immediate family by an appropriate licensed practitioner where the employee's presence is reasonably necessary.

(vii) Donation of leave to a sick leave bank in accordance with the leave donation rule of the university.

(b) Unused sick leave shall be cumulative without limit.

(c) The use of sick time shall be documented on the employee's time record.

(d) Falsification of information on the time record or on any written statement or certification regarding sick time use shall be grounds for disciplinary action up to and including dismissal.

(5) Transfer of sick leave

(a) Any accumulated but unused sick leave is maintained by the university for a period of ten years when an employee separates from the university for reasons other than retirement.

(b) If an employee is subsequently employed by another eligible Ohio public employer, the balance of accumulated but unused sick leave will be transferred to that employer.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-145 | Emergency sick leave donation rule.
 

(A) Purpose

To establish an emergency sick leave donation rule.

(B) Scope

This rule applies to faculty, administrative staff, unclassified hourly employees and classified civil service employees. The rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Active Pay Status" for purposes of this rule includes regular hours worked, vacation leave, sick leave, personal leave, compensatory time, legal holiday leave, winter break leave, and civic duty leave.

(3) "Legal Holiday Leave" is a day of paid leave that is designated by the state of Ohio and approved by the board of trustees.

(4) "Parental Leave" is the period of time taken after birth or adoption of a child by a parent, legal guardian or person standing in loco parentis.

(D) Rule statement

(1) Eligibility and payments

(a) Employees may apply for funds through the emergency sick leave donation program if they are in critical need of paid leave due only to the personal medical necessity of the employee. The human resources department will consider whether to approve the payment of funds under the emergency sick leave donation program on a bi-weekly basis. Employees may not apply to the emergency sick leave donation program to cover unpaid absences due to the care of family members.

(b) The department of human resources has the discretion to approve or not approve any amount of hours requested up to the life-time maximum. There is no appeal from this decision.

(c) Employees must have one year of service at university and must have exhausted all sick leave, vacation leave and compensatory time before they are eligible to apply for the emergency sick leave donation program.

(d) Employees must have an illness or injury that will require the employee to be absent from the worksite for a period of time exceeding eighty consecutive scheduled work hours and their absence will result in the loss of income due to the lack of accrued sick leave, vacation leave and compensatory time. Elective surgery, normal pregnancy and delivery, or parental leave does not qualify the employee to participate in the emergency sick leave donation program.

(e) If an employee is eligible, but unable to apply due to a physical or mental disease or disability, a family member or other authorized representative may apply on behalf of the employee.

(f) Payments under this rule will terminate when the employee receives funds from any other benefit source. If any payments from other sources are received for the same period of time, the funds paid by the university must be refunded to the university.

(g) The employee's right to privacy regarding the nature of the qualifying illness or injury will be maintained to the extent allowed by law.

(h) An employee is limited to a lifetime maximum number of paid hours under the sick leave donation program. The lifetime maximum is five hundred paid hours.

(i) If a legal holiday or winter break leave occurs while the employee is receiving paid hours under the emergency sick leave donation program the employee will not be eligible to receive legal holiday leave compensation or winter break leave compensation.

(2) Donations

(a) Employees who donate must:

(i) Be in active pay status;

(ii) Have five years of service at the university and must retain a minimum of four hundred eighty hours of paid sick leave for their own use;

(iii) Do so voluntarily; and

(iv) Donate in increments of eight hours.

(b) The maximum donation per employee per year is one hundred twenty hours.

(c) Donations will be accumulated in a pool and will not be returned to the employee.

(d) The identity of the donors will remain anonymous to the extent permitted by law.

(3) Accrual of sick and vacation leave hours during use of sick leave donation pool hours.

Sick leave and vacation leave hours do not accumulate while on an unpaid leave of absence or while receiving paid hours from the emergency sick leave donation pool.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-151 | Flexible work arrangements.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Rule 3349-7-152 | Termination and notice of termination.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Rule 3349-7-155 | Rule governing persons who travel to areas that are identified by the cdc as having serious infectious disease outbreaks.
 

(A) Purpose

To protect the members of the university from unnecessary exposure to possible infectious agents that might be spread by members of the university that travel for business or pleasure to areas that are included in the center for disease control's (CDC) travel warning list.

(B) Scope

Applies to all members of the university community including faculty, administrative staff, unclassified hourly employees, classified civil service employees, students and volunteers.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Licensed Practitioner" refers to a person who is licensed to practice medicine, surgery or psychology in the state of Ohio.

(D) Rule statement

(1) All members of the university community are required to consult CDC's travelers' health website at http://www.CDC.gov/travel to educate themselves and others who may be traveling with them about any disease risks and CDC health recommendations for international and domestic travel to areas that are identified by the CDC as having serious infectious disease outbreaks in the areas they plan to visit or they may consult their local health department for guidance.

(a) Before travel, update all routine vaccinations (i.e., tetanus/diphtheria, polio, measles/mumps/rubella, and seasonal influenza vaccine if it is available), and see a licensed practitioner to get any additional vaccinations, medications, or information you may need.

(b) Consult a licensed practitioner to determine what vaccinations will be needed to provide protection (this will vary depending on travel destination, personal health and immunization history, and planned activities).

(c) If traveling for business purposes, documentation from the employee's physician or other qualified healthcare provider must, upon request, be provided to the university's health and safety administrator. This documentation must include a statement that the traveler has received the recommended vaccinations or the traveler may be considered to be acting outside the course and scope of his/her employment with the university.

(d) Students traveling under the auspices of the university must receive recommended vaccinations in order to be eligible to receive academic credit or any allowable expense reimbursement or payment.

(2) After a member of the university community returns from international travel or domestic travel to areas that are identified by the CDC as having serious infectious disease outbreaks, he/she must consult with the university's health & safety administrator prior to returning to the workplace, classrooms, laboratories, clinical placement or attending any university related events. The university's health and safety administrator will refer to the CDC website to determine if any precautions should be taken prior return. If the university has concerns about the possibility of infectious diseases based on the location of travel or the activities performed during the trip, the university can require the individual to submit to an examination by a physician or other healthcare provider prior to returning to the university setting, clinical placements, or university events. Prior to returning, a licensed practitioner should document that the person does not pose a risk of serious infection. Such documentation will be placed in the individual's medical file at the university.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-160 | Vacation leave.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Rule 3349-7-165 | Whistleblower Protection.
 

(A) Purpose

The purpose of this rule is to protect members of the university community from disciplinary or retaliatory action when they engage in good faith disclosures of alleged wrongful conduct to a designated university official or office, a public entity charged with investigating such alleged wrongful conduct, or through the university's third-party ethics and compliance reporting service; and from false or reckless claims of wrongful misconduct.

(B) Scope

This rule applies to all members of the university community, including employees, students, and volunteers.

(C) Definitions

(1) "Good faith disclosure" means communication about actual or suspected wrongful conduct engaged in by a university employee, student, volunteer, or contractor (who is not also the disclosing individual) based on a good faith and reasonable belief that the conduct has both occurred and is wrongful under applicable law and/or university rule.

(2) "Retaliation" refers to adverse action against a whistleblower or an individual that has participated in an investigation, proceeding or hearing involving a good faith disclosure. These adverse actions include harassment or negative employment consequences, such as compensation reductions, poor work assignments, or threats of physical or mental harm.

(3) "Student conduct officer" or "administration of student conduct," refers to the university official or designee who reviews a wide range of reported misconduct, may resolve misconduct cases, or may refer them to another university official for adjudication.

(4) "Whistleblower" refers to any member of the university community (i.e., student, employee or volunteer) who makes a good faith disclosure.

(5) "Wrongful conduct" means illegal, dishonest, discriminatory, or fraudulent activity that constitutes a serious violation of university rule, a violation of applicable state or federal law, or the misuse of university resources, authority, or property, including the use of university resources for personal gain.

(D) Rule statement

(1) Overview

(a) NEOMED values the ability to foster a positive, ethical, and productive environment where members of the university community are encouraged to communicate, in good faith, actual or suspected wrongful conduct.

(b) If a member of the university community has knowledge of or belief that wrongful conduct has occurred, the disclosing individual (the whistleblower) must make a reasonable and good faith effort to determine the accuracy of any information reported under this rule.

(c) Any information report that proves to have been both unsubstantiated and made with malice or with knowledge of its falsity is not protected by this rule and may subject the whistleblower to discipline.

(2) Retaliation and confidentiality protections

(a) Retaliation by a member of the university community against a whistleblower is prohibited. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing of the whistleblower that is found to exist following an investigation.

(b) Any member of the university community who retaliates against any whistleblower who makes a good faith disclosure is subject to disciplinary action, up to and including suspension, termination, or expulsion.

(i) Employees or volunteers who believe they have been retaliated against should contact the office of human resources to file a written complaint.

(ii) Students who believe they have been retaliated against should contact the office of student services to file a written complaint.

(c) Members of the university community may not directly or indirectly use or attempt to use the official authority or influence of their positions or offices for the purpose of interfering with the right of an individual to make a good faith disclosure to the appropriate university official(s) regarding matters within the scope of this rule.

(d) Good faith disclosures may be made on a confidential basis by the whistleblower and may be submitted anonymously through the university's third-party reporting service.

(e) Good faith disclosures and investigatory records will be kept confidential to the extent feasible, consistent with the need to conduct an adequate investigation and in accordance with university policies and applicable federal, state, and local laws such as the Ohio Public Records Act.

(3) False or reckless claims

(a) Members of the university community must exercise sound judgment to avoid false, reckless or baseless claims.

(b) Any individual who reports recklessly or with a willing disregard for the facts, such that the report is found to be lacking in good faith, such that the report is found to be lacking in good faith, they may be subject to criminal charges and disciplinary action, up to and including suspension, termination, or expulsion as determined by the employee's appointing authority or the student conduct officer.

(4) Communicating good faith disclosures

(a) Individuals who wish to be protected by state of Ohio regulations and this rule must document their concerns in a written form that provides sufficient detail to identify and describe the violation.

(b) If a member of the university community has knowledge of or information that wrongful conduct has occurred, that individual is encouraged to immediately report such conduct to the proper university official, as designated in paragraph (D)(4)(b) of this rule for investigation.

(c) If an individual is not comfortable speaking with their supervisor, appointing authority, or student conduct officer, or is not satisfied with the response they receive, individuals should direct their concerns to the following office, as appropriate:

(i) Academic and student matters - office of student services, 330-325-6735

(ii) Criminal matters - university police department, 330-325-5911

If a whistleblower reasonably believes that the wrongful conduct is a criminal offense, the whistleblower may make a report to a prosecuting attorney or police authority, in addition to or instead of filing a written report in accordance with this rule.

(iii) Employment matters - office of human resources, 330-325-6729

(iv) Environmental and occupational health and safety matters - office of environmental and occupational health and safety, 330-325-6494

(v) Title ix matters - title ix coordinator, 330-325-6736

(vi) Financial and purchasing matters - accounting and budget office, 330-325-6399

(vii) Legal matters - office of the general counsel, 330-325-6354

(viii) Grant and research matters - office of research and sponsored programs, 330-325-6499

(ix) Information technology matters - information technology department, 330-325-6911

(d) Supervisors or approval authorities who receive good faith disclosures are required to contact the appropriate office(s) based on nature of the good faith disclosure.

(e) An alternative method to make a good faith disclosure specific to accounting, financial, information technology, research, risk, and safety matters is to utilize the university's anonymous third-party reporting service found online.

While such reports can be made anonymously, the effectiveness of doing so may be limited when an individual has chosen to not be identified.

(f) External avenues for good faith disclosures include the following:

(i) The Ohio auditor of state - public integrity assurance team;

(ii) The Ohio civil rights commission;

(iii) The Ohio ethics commission;

(iv) The Ohio inspector general;

(v) The United States department of education;

(vi) The United States department of labor;

(vii) The United States equal employment opportunity commission;

(viii) National institutes of health; and

(ix) National science foundation

(5) Handling good faith disclosures

(a) Offices listed in paragraph (D)(4)(b) of this rule that receive good faith disclosures will notify the disclosing individual (if their identity is known) and acknowledge receipt of the reported disclosure within ten working days for most issues and within twenty-four hours for alleged criminal or environmental violations.

(b) All reports will be promptly investigated within ninety calendar days and appropriate corrective action will be taken if warranted by the investigation.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Rule 3349-7-170 | Winter break leave.
 

(A) Purpose

To establish a rule for winter break leave.

(B) Scope

This rule applies to faculty, administrative staff, unclassified hourly employees, and classified civil service employees. This rule does not apply to student employees.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "On Call Employees" refers to those employees who are not assigned a regular work schedule; rather they are scheduled on an "as needed basis" and are compensated at an established hourly rate based upon the job assignment.

(3) "Regular Rate of Pay" refers to the employee's base rate of pay.

(4) "Winter Break Leave" are paid personal leave days designated at the discretion of the president of the university under the authority delegated to the president by the board of trustees.

(D) Rule statement

(1) Winter break leave is designated at the discretion of the president. Winter break leave days may not be rescheduled nor may they be substituted for other leave days or holidays by the employee.

(2) The university is officially open in order to assure the performance of time sensitive or essential functions.

(3) Faculty and administrative staff will be compensated at their regular rate of pay.

(4) Only the unclassified hourly and classified civil service employees who have the prior approval of their immediate supervisor to work during winter break leave will be eligible to receive overtime compensation. These employees will be compensated in accordance with the university's overtime compensation and compensatory time rule.

(5) On call employees will not be compensated for winter break leave unless they are scheduled to work by their immediate supervisor. If they are scheduled, they will be paid in accordance with the university's overtime compensation and compensatory time rule.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15