This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3359-11-01 | Sick leave for school of law faculty, contract professionals, classified, unclassified exempt staff and other non-bargaining unit faculty.
Effective:
October 14, 2023
(A) General policy. (1) The university shall
provide paid sick leave to all school of law faculty, professional staff, and
other non-bargaining unit faculty in accordance with the provisions of sections
124.38 and 124.39 of the Revised Code, and all employees other than members
covered by collective bargaining agreements. (2) Paid sick leave is
defined as the authorized absence from duties for the following
reasons: (a) Personal illness, pregnancy, or injury. (b) Exposure to contagious disease which could be communicated to
other members of the university family. (c) Illness, injury, or death (to a maximum of five days) in the
individual's immediate family. (d) Medical, psychological, dental, or optical examination or
treatment of the employee or a member of the immediate family. (3) Definition of
immediate family. The employee's immediate family is limited
to the employee's spouse, parents, children, grandparents, siblings,
grandchildren, brother in law, sister in law, daughter in-law, son in law,
mother in law, father in law, or a legal guardian or other person who under
Ohio law is legally recognized to stand in the place of the parent. (4) Where sick leave is
requested to care for a member of the immediate family, the department of
benefits administration will require a physician's certificate to the
effect that the presence of the employee is necessary to care for the ill
person. (5) Active pay status
means the conditions under which an employee is eligible to receive pay, and
includes, but is not limited to, vacation leave, sick leave, leave with pay,
bereavement leave, and administrative leave. No pay status means the conditions
under which an employee is ineligible to receive pay, and includes, but is not
limited to, leave without pay, leave of absence, and disability
leave. (B) Accrual of sick leave
credit. (1) Sick leave is accrued
at the rate of 4.6 hours per eighty hours of active pay status. Only accrued
sick leave hours can be requested for authorized paid absences. Sick leave will
be charged only for hours an employee is regularly scheduled to work but
absent. Employees are not permitted to change a paid sick leave request once a
work day has started (i.e. paid sick leave to vacation). (2) There is no
accumulation of benefit while on leave of absence without
compensation. (3) Sick leave accrual
shall accumulate without limit, from the date of hire. All sick leave accrued
by existing employees from their date of hire shall be reinstated, less actual
sick leave taken and recorded as such under prior policy. (C) Procedure governing utilization of
sick leave. (1) Sick leave is
authorized upon the request of the employee and approval of the department head
by the employee or employee's legal representative notifying the
department head as soon as practicable, presumably on the first day of
absence. (2) The university
reserves the right to require a physician's certification or other
verification in all instances of paid leave. When such certification or
verification is required, it shall be collected by the department of benefits
administration for audit and retention. (3) When paid sick leave
is used, it will be deducted from the employee's accumulated total, one
hour for each hour of absence. However, managers may allow some flexibility in
scheduling work time for a single day where reasonable and
practical. (4) For twelve-month
faculty, professional staff, a continuous period of sick leave commences with
the first day, or part of a day, of an absence and includes all subsequent
days, or part of a day, except Saturdays, Sundays, and holidays observed by the
university of Akron until the employee returns to work. However, Saturdays,
Sundays, and holidays shall be included in the calculation of a continuous
period of sick leave for those employees who may be scheduled to work on those
days. (5) For nine-month
faculty, a continuous period of sick leave commences with the first day of an
absence and includes all days classes are in session during the academic year
or summer session except Saturdays, Sundays, and holidays observed by the
university of Akron. However, Saturdays, Sundays, and holidays shall be
included in the calculation of a continuous period of sick leave for those
employees who may be scheduled to work on those days. (6) The department of
benefits administration shall establish a sick leave reporting system for
faculty and professional staff. (7) In all cases of leave
for illness or injury, the university may require written certification by a
physician attesting to an employee's fitness to return to
work. (8) Paid sick leave will
be charged when used. (D) Transfer of sick leave. (1) An employee who
transfers from one public agency to another, or who is reappointed or
reinstated, or who transfers from one state department to another shall, upon
reentering and submitting certified evidence of accumulated sick leave, be
credited with the unused balance of accumulated sick leave, provided the time
between separation and reappointment does not exceed ten years. The words
"public agency," as used above, include the state, counties,
municipalities, and all boards of education within the state of Ohio. The
amount of sick leave transferred to state service shall not be greater than the
maximum accumulation which would have been allowed if all public employment had
been in the state service. (2) The university shall
provide a voluntary leave bank program for full-time, non-bargaining unit
employees who wish to participate in the program. The program shall be
administered by the office of human resources, pursuant to policy terms and
conditions developed by that office, as may be amended. (E) Payment of sick leave upon
retirement. (1) Upon retiring from
active service with the university after ten or more years of service with the
state or any of its political subdivisions, an employee may elect to be paid
for one fourth of the accrued but unused sick leave credit up to a maximum of
two hundred forty hours. This payment will be based upon the employee's
rate of pay at the time of retirement. Upon accepting such payment, all sick
leave credit accrued up to that time will be eliminated. (2) Such payment will be
made only once to any employee. (3) The maximum payment
allowed will be two hundred forty hours. Sick leave conversion does not apply
to any termination or separation other than retirement. (F) Unexcused absence, failure to give
proper notification and falsification. Any unexcused absence or failure to give proper
notification may result in the absence being charged to leave without pay.
Falsification of either a written, signed statement or a physician's
certificate shall be grounds for disciplinary action, including dismissal.
Except in instances due to extended illness or injury, monthly or annual
absences greater than the number of hours or days accrued may be considered
excessive. (G) Vacation leave may not be converted
to sick leave unless the employee or a member of the employee's immediate
family is admitted to or treated in a hospital or is under the treatment of a
licensed physician and is not released to work. Written verification is
required. Only those hours/days certified above may be converted to sick
leave. (H) The university of Akron
administration shall develop policies and procedures necessary to implement the
provisions in this rule.
Last updated October 16, 2023 at 8:23 AM
|
Rule 3359-11-02 | Family and medical leave, leave of absence, paid maternity leave, paid paternity leave, paid adoptive and foster parent leave and vacations for employees other than bargaining unit faculty.
Effective:
October 14, 2023
(A) Family and medical
leave. (1) Under the Family and
Medical Leave Act of 1993 ("FMLA"), up to twelve weeks of leave
without pay during any twelve-month period are provided to eligible employees
for certain family and medical reasons. Employees are eligible if they have
been employed by the university for at least twelve months, this twelve-month
period need not be consecutive, and worked at least one thousand two hundred
fifty hours (0.6 FTE) over the twelve-month period preceding the leave. FMLA
leave without pay will be granted for any of the following
reasons: (a) The birth of a child, the care of a newborn child, or
placement of a child with the employee for adoption or foster
care; (b) A serious health condition of the employee that renders
him or her unable to perform his/her job functions; or (c) In order to care for an employee's child, spouse,
or parent who has a serious health condition. (d) A "qualifying exigency" arising out of the
fact that the employee's spouse, child or parent is called to covered
active duty (or notified of an impending call or order to active duty) with the
armed forces, including the national guard and reserves. Covered active duty
means duty during deployment of the armed forces member to a foreign country. A
qualified exigency may include short-notice deployment, attending military
events, arranging for alternative childcare, addressing financial and legal
arrangements, seeking counseling, attending post-deployment activities, and
other similar circumstances. (e) Leave related to a child's birth or placement for
adoption or foster care must be completed within the twelve-month period
beginning on the date of the birth or placement. (2) A leave of absence of
up to twenty-six weeks in any single twelve- month period (rolling forward)
will be granted to eligible employees for the following purposes: (a) To care for a covered family member or next-of-kin
(nearest blood relative) who has a serious injury or illness incurred by the
service member in the line of duty on active duty in the armed forces (or
existed before the active duty began and was aggravated in the line of active
duty in the armed forces) and that may render the service member medically
unfit to perform his/her duties. The service member must be: (i) Undergoing medical
treatment, recuperation or therapy; (ii) In outpatient
status; or (iii) On the temporary
disability retired list for the serious illness, or injury. (b) To care for a veteran who is a covered family member or
next-of-kin (nearest blood relative) who has a qualifying serious injury or
illness incurred by the member in the line of duty on active duty in the armed
forces (or existed before the member's active duty began and was
aggravated by service in the line of active duty in the armed forces) and that
manifested itself before or after the member became a veteran. The veteran must
be undergoing medical treatment, recuperation, or therapy for the serious
injury or illness and have been a member of the armed forces during the five
years preceding the date on which the veteran underwent the medical treatment,
recuperation, or therapy. (c) Leave to care for an injured or ill service member,
when combined with other FMLA-qualifying leave, may not exceed twenty-six weeks
in any single twelve-month period. (3) Subject to the
provisions of the applicable policies, paid vacation leave or paid sick leave
may, at the employee's option, be substituted for leave without pay while
on FMLA leave. (4) If the employee fails
to provide at least thirty days' advance notice when the leave is clearly
foreseeable, leave may be delayed until at least thirty days after the date the
employee provides notice to the employer. If the employee fails to provide a
medical or other certification to support a request for leave, leave may be
delayed until certification is provided. If the employee never produces
certification then the leave is not FMLA leave. The university may, at its own
expense, request a second and/or third opinion. If the employee or
employee's family member fails to authorize his/her health care provider
to release all relevant medical information pertaining to the health condition
at issue, as requested by the health care provider for the second/third
opinion, the university may deny the taking of FMLA leave. However, if the
university requests a second and/or third opinion, and the employee authorizes
his/her health care provider to release the relevant medical information, the
employee is provisionally entitled to the FMLA leave pending the
employer's receipt of the relevant medical information. (5) Group health benefits
will be continued for the duration of an FMLA leave. Upon return, an employee
will be restored to his or her original or an equivalent position with
equivalent pay, benefits and other employment terms. (6) A "rolling"
twelve-month period measured retrospectively from the date an employee uses any
FMLA leave shall be used to determine the "twelve-month period" in
which the twelve weeks of FMLA leave entitlement occurs. (7) Family and medical
leave may be used on a continuous basis. It may also be used on an intermittent
basis, or as a reduced work schedule as provided by law. Application for FMLA
is made to human resources, and approval of the request made by human
resources. (8) When intermittent or
reduced work schedule leave is foreseeable due to planned medical treatment,
the employee must make reasonable efforts to schedule the treatment so as not
to unduly disrupt the university's operation, and the university may
temporarily transfer the employee to an alternative position for which the
employee is qualified, if it better accommodates these recurring periods of
leave. (9) Nothing in this
section shall be deemed to create any additional benefits, rights, or
entitlements to employees beyond those provided by the provisions of the FMLA
or applicable law of the state of Ohio. For the purpose of implementing this
FMLA policy, the definitions and provisions of the FMLA in effect at that time
shall be followed when necessary to ensure compliance with the
law. (B) Maternity leave. Upon delivery, an
employee who is on active pay status shall, in the ordinary course of
recovering from either a vaginal birth without complication, be entitled to use
up to six weeks of accrued sick leave, or if a vaginal birth with complication
as verified by a physician or cesarean birth, be entitled to use up to eight
weeks of accrued sick leave, as long as the employee has accrued the requisite
amount of leave, and if less, then shall be entitled, to use such lesser
amount. In any event, the use of such accrued sick leave shall be at the
employee's option to use however much time as the employee deems
appropriate. If, upon delivery of the child, the employee is not in active pay
status, but becomes in active pay status within six weeks, in the case of a
vaginal birth without complication, or eight weeks, in the case of a vaginal
birth with complication as verified by a physician or cesarean birth, the
employee shall be entitled to use accrued sick leave upon being in active pay
status for the remainder of the six- or eight-week period, as applicable. In
any event, after using (or not using) such accrued sick leave, a full-time
employee is granted twenty working days of paid maternity leave not taken from
the accrued sick leave. In addition to the paid maternity leave for full time
employees, an eligible employee who thereafter is physically unable to perform
her duties may elect paid sick leave on the same terms that sick leave is
available for any other illness, injury, or disability. In addition, the
employee is entitled to FMLA leave if a pre- or post-delivery employee wishes
to be absent from work for a period of time longer than the period of actual
physical disability (see family and medical leave in paragraph (A) of this
rule). Use of maternity leave shall count as part of the twelve-week FMLA
leave. (C) Paternity leave. A full-time employee
who is on active pay status upon a pregnant spouse's delivery is granted,
within one-hundred and eighty days of the delivery, twenty working days of paid
paternity leave which will not be taken from accrued sick leave, but counted as
part of FMLA leave. (D) Adoptive and foster parent leave.
Upon the adoption of a child or arrival of a foster child, a full-time employee
who is on active pay status is entitled to twenty working days of paid leave
which will not be taken from accrued sick leave, but counted as part of FMLA
leave. (E) Leaves of absence for non-bargaining
unit faculty and professional staff. Leaves of absence without compensation for
employees other than bargaining unit faculty may be granted by the board,
president or the president's designee(s) upon recommendation of the
vice-president or dean. (F) No member of the faculty shall be
absent from proper duties at the university for any cause other than sickness,
except upon permission of the president, upon recommendation of the faculty
member's dean or administrative superior. (G) Academic year and
vacations. (1) Full-time faculty
members on a nine-months' appointment are expected to be on duty during
the fall and spring semester and continuing through spring commencement
exercises, and are entitled to all academic vacations during that
period. (2) Faculty members and
designated others on a full-time, twelve- month appointment (effective July
first) have one hundred seventy-six hours of vacation as arranged with the dean
or administrative supervisor as described in rule 3359-11-03 of the
Administrative Code, vacation policy for full-time, twelve-month faculty, and
professional staff.
Last updated October 16, 2023 at 8:24 AM
Supplemental Information
Authorized By:
3359
Amplifies:
3359
Prior Effective Dates:
8/24/1996
|
Rule 3359-11-02.1 | Furloughs for non-bargaining unit employees.
Effective:
October 14, 2023
(A) Introduction. (1) The university is
required to balance its operating budget each fiscal year. This rule provides
the framework for the implementation of an employee furlough plan that would
allow the university to balance its budget if it experiences a reduction in
state funding or other loss of revenue, for any reason, that causes a
significant operating deficit. (2) Section 371.70.20 of
Amended Substitute House Bill No. 1, effective on July 17, 2009 of the 128th
General Assembly, provides that, "the board of trustees of any state
institution of higher education, notwithstanding any rule of the institution to
the contrary, may adopt a rule providing for mandatory furloughs of employees,
including faculty, to achieve spending reductions necessitated by institutional
budget deficits." (3) On October 17, 2007,
the university of Akron board of trustees passed Resolution No. 10-14-07,
specifically authorizing the administration to propose revised or new policies
and procedures applicable to classified civil service employees in accordance
with House Bill 187 of the 126th General Assembly. (4) Faculty and/or staff
whose employment is covered by a collective bargaining agreement are not
subject to this rule. (B) Definition. (1) A furlough is an
unpaid leave of absence from work for a specified period of time. (2) Employees are not
permitted to engage in work when taking furlough time. (C) Employees subject to
furlough. (1) Except as otherwise
noted in this rule, all non-bargaining unit university employees, whether
full-time or part-time, permanent or temporary, may be subject to a furlough.
Employees subject to furlough include, but are not limited to, classified and
unclassified staff employees, professional staff (including coaches), and all
non-bargaining unit faculty. (2) Employees who are
holders of H-1B visas, as defined in 20 C.F.R. 665.731, will not be subject to
furlough. (3) Student employees and
graduate assistants are not subject to furlough. (4) Faculty and staff
positions fully supported by an outside funding source (e.g. grant funded) may
not be subject to furlough. Positions partially funded by an outside funding
source may still be subject to furlough. (5) A furlough plan may
exclude employees who perform functions essential to maintain health and safety
on the university campus as well as other employees deemed by the president or
his or her designee as essential. Any such exclusions must be approved by the
president or his or her designee(s). (D) Implementation and
scheduling. (1) If, after
consultation with the board, the president reasonably believes that the
university is facing a significant operating budget deficit, for any reason, a
furlough may be implemented. This rule supersedes all other university rules
and/or policies and applies to all non-bargaining unit employees, regardless of
the source of funding. (2) The university shall,
as soon as practical before the furlough implementation date, notify all
employees subject to furlough of its intent to implement mandatory furloughs to
achieve spending reductions necessitated by institutional budget deficits. Such
notice shall include the nature and extent of furloughs, and the method of
implementation. (3) Employees may be
furloughed up to seventy working days (fourteen weeks) in any fiscal year. The
scheduling of furlough days shall be the sole responsibility of the president
or the president's designee(s) in consultation with the individual
college, department or unit. (4) Furlough days shall
be scheduled at a time most operationally feasible to the college, department
or unit. Non-bargaining unit faculty member furlough days shall not be
scheduled during times when they are required to teach, except in the event of
a major university crisis as determined by the president, or president's
designee. (5) Furloughs may be
scheduled on a continuous, intermittent or staggered basis based on an
employees pay/salary level, employee classification or nature of appointment
and scheduling is within the sole discretion of the president or his or her
designee(s). (6) Furloughs may take
into account the essential operating and safety needs of the university, the
availability of funding, or income generated by the college, department or
unit. Days that the university is normally closed or days that may not normally
be workdays for certain groups of employees (e.g. spring break and the week
between December twenty-fifth and January first of each year) may be designated
as furlough days. (7) Paid holidays or
other paid time off may not be substituted for furlough leave
days. (8) Employees on leave
shall be subject to furlough. The effective date of a furlough for an employee
may not be extended on the basis that an employee is on a leave of
absence. (9) Supervisors may not
permit hourly employees to work overtime or take compensatory time in a week in
which the employee is on a furlough. Overtime or compensatory time shall not be
used to subvert furlough leave requirements. (10) Furloughs adopted
pursuant to this rule are not subject to review or appeal under any university
rule, policy or internal grievance process. (E) Employees benefits and contributions
while on furlough. (1) Employees may not
use any accrued paid leave during periods of furlough, which would negate
necessary budget reductions. The university may allocate an employee's
reduction in pay over the balance of the fiscal year for payroll purposes,
regardless of the pay period within which the furlough day(s)
occur(s). (2) Employees will
continue to accrue vacation and sick leave during the first twenty days of a
furlough but will not accrue FMLA credit. (3) Healthcare, dental,
vision and life insurance benefits will not be affected by a
furlough. (4) Employees'
continuous service date and employment status will not be affected by any
period of furlough. (5) Retirement
contributions by both employees and the university will be affected by
furloughs, since contributions are based on actual earnings. (6) Employees remain
responsible for making all employee contributions while on furlough, including
but not limited to, healthcare, dental, vision, flexible spending accounts,
403(b) and 457(b) contributions, as well as all other miscellaneous authorized
deductions (e.g. charitable contributions, child support or any other
university payments).
Last updated October 16, 2023 at 8:24 AM
|
Rule 3359-11-03 | Vacation policy for full-time twelve-/eleven-/ten-month administrative faculty (other than bargaining unit faculty), contractprofessionals, and unclassified exempt staff.
Effective:
October 14, 2023
This rule shall apply to all administrative faculty
who are not bargaining unit faculty, and it shall apply to professional staff.
The term administrative shall mean faculty serving in full-time administrative
roles such as dean, department chair, school director, or as otherwise
determined by the provost, for either twelve, eleven or ten months of the
year. (A) General policy governing the accrual
and carry-over of unused vacation leave. (1) All full-time,
administrative faculty and professional staff (except for individuals employed
in temporary positions conducting postdoctoral research) may accrue a maximum
of one hundred seventy-six hours each year. Professional staff employed in
temporary positions conducting postdoctoral research are not eligible to accrue
vacation. Vacation is accrued at the rate of 14.67 hours for each calendar
month of active pay status (in the eligible employment classifications
identified herein), excluding leaves without compensation. Vacation days shall
include Monday through Friday, exclusive of holidays. (2) Twelve-month
employees are expected to use their accrued vacation annually. Any accrued and
unused vacation leave credit for prior years, up to a maximum of three hundred
fifty-two hours, may be carried forward to the following year. However, any
accrued and unused vacation leave in excess of three hundred fifty-two hours
shall be forfeited on June thirtieth of each year. (3) Eleven-month
employees are expected to use their accrued vacation annually. Any accrued and
unused vacation leave credit for prior years, up to a maximum of three hundred
twenty-two hours, may be carried forward to the following year. However, any
accrued and unused vacation leave in excess of three hundred twenty-two hours
shall be forfeited on June thirtieth of each year. (4) Ten-month employees are expected to
use their accrued vacation annually. Any accrued and unused vacation leave
credit for prior years, up to a maximum of two hundred ninety-three hours, may
be carried forward to the following year. However, any accrued and unused
vacation leave in excess of two hundred ninety-three hours shall be forfeited
on June thirtieth of each year. (B) Procedure governing vacation
leave. (1) To minimize
interruption of services, all vacation leave must be approved by the
appropriate dean or administrative department director. The use of vacation
leave may be authorized in advance of accrual upon approval of the appropriate
dean or administrative department director, and with final approval of the
president or appropriate vice president. Upon separation from service, the
employee's final pay check shall be reduced by the amount of used, but not
accrued, vacation leave. (2) If an
individual's employment basis is changed from a twelve-/eleven-/ten-month
appointment to nine-month appointment, no accrued unused vacation time shall be
carried over beyond the end of the appointment. (C) Vacation leave upon separation of
employment. Payment for accrued and unused vacation leave shall be made only
upon separation of service from the university of Akron. Such payment shall be
made in a lump sum based on the rate of compensation at separation for any
accrued but unused vacation leave, subject to a maximum of one hundred
seventy-six hours for twelve-month employees, one hundred sixty-one hours for
eleven-month employees, and one hundred forty-six hours for ten-month
employees. If an employee dies during active pay status, the accrued and unused
vacation leave for the current year, plus any accrued and unused vacation
leave, up to a maximum of one-hundred seventy-six hours for twelve-month
employees, one hundred sixty-one hours for eleven-month employees, and one
hundred forty-six hours for ten-month employees carried over from the prior
fiscal year, shall be paid in accordance with section 2113.04 of the Revised
Code.
Last updated October 16, 2023 at 8:24 AM
Supplemental Information
Authorized By:
3359
Amplifies:
3359
Prior Effective Dates:
6/25/2007, 10/23/2017
|
Rule 3359-11-05 | Court and military leave for all employeesexcept bargaining unit faculty.
Effective:
October 20, 2019
(A) Court leave. (1) Except as otherwise
provided by law or collective bargaining agreement, employees will be granted
leave with pay if: (a) Summoned for jury duty by a court of competent
jurisdiction, (b) Subpoenaed 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 to the action,
or (c) Participating in any action, as an appellant or
subpoenaed witness, before the state personnel board of review and is in active
pay status at the time of scheduled hearing before the board. (d) When utilizing court leave, a copy of the summons or
subpoena must be forwarded to human resources for retention in the
employee's personnel file. Court leave should be reported on the time
sheet by utilizing the "Jury Duty" pay code. (2) An employee who is
appearing before a court or other legally constituted body in a matter in which
the employee is a party, such as but not limited to a plaintiff or defendant,
may be granted vacation time or leave of absence without pay. Such instances
would include, but not be limited to, criminal or civil cases, traffic court,
divorce or custody proceedings, or appearing as directed as a parent or
guardian of a juvenile. (3) Proof of appearance
will be required. (4) Any compensation or
reimbursement for jury duty or for court attendance compelled by subpoena, when
such duty is performed during an employee's normal working hours, shall be
remitted by the university employee to the payroll office. (B) Military leave. (1) Qualifying employees
of the university who are members of the Ohio national guard or a reserve
component of the armed forces are eligible for leave with pay for the time they
are performing service in the uniformed services. Such qualifying employees may
be eligible for leave with pay for periods of up to one month, for each
calendar year in which they are performing service in the uniformed services. A
copy of the employee's military orders or other authorizing document for
such duty must be submitted to human resources in all cases to qualify for
leave with pay. For purposes of this provision, a calendar year begins on the
first day of January and ends on the last day of December. As used in this
provision, a month means twenty-two eight-hour work days or one hundred
seventy-six hours within one calendar year. (2) When utilizing
military leave, a "PAF" is required to indicate the date military
leave commences. (3) Qualifying employees
entitled to leave provided under paragraph (B)(1) of this rule and who are
called or ordered to federal service in the uniformed services for more than a
month by an executive order issued by the president of the United States or by
an act of congress, are eligible for a leave of absence with pay during the
period designated in the order or act. Any such employee will be paid each
month an amount that equals the difference between the employee's gross
monthly wage or salary as a university employee and the sum of the
employee's gross uniformed pay and allowances received for that period. A
copy of the employee's military orders or other authorizing document for
such duty, including but not limited to a military leave and earnings
statement, must be submitted to the employee's supervisor and the
appointing authority to qualify for leave with pay. (4) Qualifying employees
entitled to leave provided under paragraph (B)(1) of this rule and who are
called or ordered to state active duty for more than a month by a proclamation
of the governor, are eligible for a leave of absence without pay for the
duration of such service in accordance with the requirements stated in this
rule. (5) Federal active duty
health insurance coverage. A qualifying employee called to federal active duty
in the uniformed services pursuant to paragraph (B)(3) of this rule or his or
her spouse or dependents may elect to continue or to reactivate the group
health plan coverage for the duration of the time the employee is on active
duty as described in paragraph (B)(3) of this rule. An employee, spouse, or
dependent who requests the continuation or reactivation of insurance must pay
any employee contribution required during the time the employee is on federal
active duty. (6) State active duty
health insurance coverage. A qualifying employee called to state active duty in
the uniformed services or his or her spouse or dependents may extend university
health insurance coverage, as authorized by statute, after coverage would
ordinarily terminate due to the call up (currently eighteen
months). (a) An employee, spouse, or dependent who wishes to extend
health insurance coverage must pay the employee's portion of the insurance
premium (UA choice dollars) during the period of activation, not to exceed
eighteen months as entitled by statute. (b) Depending upon mitigating circumstances as set forth in
this paragraph, a qualifying employee called to active duty, or his or her
spouse or dependent, who elects to extend health insurance coverage may further
extend coverage as entitled by statute (currently thirty-six months). Some
mitigating circumstances that would allow the employee to further extend health
insurance coverage include, but are not limited to: (i) Death of the
employee; (ii) Separation or
divorce of the employee and his or her spouse; or (iii) Cessation of a
dependant child's dependency pursuant to the terms of the insurance
contract. (c) If an employee, his or her spouse, or a dependant elect
to extend health insurance coverage, the continuation of coverage ceases if any
of the following events occur: (i) The employee, his or
her spouse, or a dependant becomes covered by another group insurance contract,
not including the civilian health and medical program of the uniformed
services; (ii) The continuation
period (eighteen or thirty-six months) expires; (iii) The employee, his
or her spouse or a dependant fails to make timely payments; or (iv) The group contract
is cancelled, unless the contract is replaced by similar coverage. (7) Any eligible
employee, unless employed briefly with no reasonable expectation of continued
employment, called or ordered to uniformed service will be reinstated to his or
her former or similar position provided the employee makes timely application
for reemployment. An employee is eligible for reemployment if: (a) The employee gave notice that he or she was leaving to
perform military service; (b) The employee's cumulative military service is less
than five years, not including inactive duty training (drills), annual
training, involuntary recall or retention on active duty, voluntary or
involuntary active duty in support of a war or national emergency, or
additional training requirements determined and certified in writing by the
service secretary; (c) The employee was released from military service under
honorable conditions as specified in the regulations of the respective military
branch in which the employee served; and (d) The employee reported back to work within the
applicable time. (i) For service less than
thirty-one days, the employee must notify the university of his or her return
not later than the beginning of the first full regularly scheduled work day on
the first full calendar day following the completion of service and the
expiration of eight hours after a period allowing for safe transportation from
the place of service to the employee's residence. The employee must return
to work at a mutually agreed upon date and time, after notifying the university
of his or her return to the area. (ii) For service more
than thirty days, but less than one hundred eighty-one days, the employee must
submit an application for reemployment not later than fourteen days following
the completion of service. (iii) For service more
than one hundred eighty days, the employee must submit an application for
reemployment not later than ninety days following the completion of
service. (8) For any employee
reemployed under this policy whose health insurance has otherwise terminated,
the university will reinstate the employee's health insurance upon
application. (9) For any employee
reemployed under this policy, the university will credit the employee, for
purposes of the Family and Medical Leave Act eligibility, with the months and
hours of service that he or she would have been employed with the university
but for his or her military service. (C) Any questions regarding this policy
should be directed to human resources.
|
Rule 3359-11-10 | Access and acceptable use of university computer and informational resources.
Effective:
October 14, 2023
(A) Authority. The university of Akron is the legal owner or
operator of all university "IT" systems, university "IT"
resources and university information stored on those systems and
resources. (B) Definitions and
functions. (1) "IT."
"IT" means information technology. (2) "Systems
Authority." "Systems Authority" is the head of a specific
subdivision, department, or office of the university who is responsible for
oversight of particular "IT" systems, as delegated through the
applicable organizational structure. This authority may be delegated through
the applicable organizational structure. (3) "Systems
Administrator." "Systems Authorities" may designate another
person or persons for purposes of system administration as "System
Administrator" to manage the particular system assigned to him or her.
"Systems Administrators" oversee the day-to-day operation of the
system and are authorized to determine who is permitted access to particular IT
resources. (4) "Certifying
Authority." College deans, in the case of colleges, and the appropriate
vice president, in the case of university administrative units, have
"certifying authority" within their area of responsibility, and are
thus responsible for certifying the appropriateness and accuracy of an official
university document for electronic publication in the course of university
business. (5) "Information
Owner." "Information Owners" are those individuals in a specific
subdivision, department, or office of the university who have custody of the
record information and who are accountable for its use and misuse. These
individuals are often referred to as record custodians. "Information
Owners" are authorized to determine who is permitted access to particular
"IT" resources. (6) "IT"
systems. "IT" systems are the electronic information processing,
storage, and transmission systems, which include but are not limited to, the
computers, terminals, printers, peripherals, PDAs and other portable devices,
networks, modem banks, online and offline storage media and related equipment,
software, and data files that are owned, managed, or maintained by the
university of Akron. "IT" systems also include, but are not limited
to, institutional and departmental information systems, faculty research
systems, desktop computers, the university's campus network, and
university general access computer clusters. (7) "IT"
resources. "IT" resources are the electronic facilities and
electronic access codes and accounts made available to university faculty,
staff, professional staff, students and approved guests, and include but are
not limited to computers, networks, telephones, and information. (8) Specific
authorization. Specific authorization is documented permission provided by the
applicable "Systems Administrator," "Information Owner," or
"Certifying Authority." (C) Scope. The access and acceptable use
policies and related policies from this chapter apply to all "IT"
users at the university of Akron and to all "IT" systems and
"IT" resources at the university of Akron. (D) Privileges and
responsibilities. (1) The university of
Akron provides "IT" resources and "IT" systems to the
university community primarily to serve the interests of the University and its
students in the course of normal operations. The provision of such services is
in keeping with its academic, instructional, research, administrative and
public purpose. Access and usage that do not support the university purpose are
subject to restriction and regulation to avoid interference with university
work and other applicable directives. All users are obligated to abide by
university directives, policies and regulations regarding usage. (2) Use of and access to
"IT" systems and "IT" resources is a privilege, not a
right. Except as indicated below, the university does not seek to monitor the
communications amongst its many and varied users. The university serves to
transmit communications on its "IT" systems and "IT"
resources from the senders to intended recipients. Users should not expect any
right of privacy in the use of university "IT" systems or
"IT" resources since the university may be compelled under public
records law, subpoena, investigation, or other law to release information
transmitted through the university "IT" systems and "IT"
resources. Additionally, the university reserves the right to monitor, review,
and release any such communications as necessary for purposes of security,
public safety, or other situations such as suspected disruption to
"IT" systems or other shared resources or suspected violations of
university rules or procedures or local, state, or federal law. Accordingly,
the university reserves the right to make rules and procedures that govern
users' access and use. (3) The university is
covered by several federal and state laws and regulations regarding information
privacy and security and is committed to protecting the confidentiality,
integrity, and availability of all such sensitive and confidential information,
including, but not limited to, protected health information and customer
information. Therefore, effective "IT" security is the responsibility
of every university "IT" user, and every "IT" user is
responsible for knowing the rules related to access and acceptable use,
privacy, and security. (E) Acceptable access and use
standards. (1) Users are expected to
use "IT" resources and "IT" systems in a responsible and
efficient manner consistent with the instructional, research, and
administrative goals of the university of Akron. The particular purposes of any
"IT" system or "IT" resource, as well as the nature and
scope of authorized, incidental personal use may vary according to the duties
and responsibilities of the user. (2) Use of university
"IT" resources and "IT" systems must comply with Ohio law
and university policies and directives. (3) Users are entitled to
access only those elements of "IT" systems that are consistent with
their specific authorization. Consistent with the organizational structure,
"System Authorities," "System Administrators," and
"Information Owners" will authorize access to specific systems based
on the individual's need to know, the individual's unit, the type of
data involved, and the intended use of the information. (F) Misuse. Privileges of usage may be denied or removed for
the following: (1) Use that is
harassing or threatening to others, or use that violates others'
privacy. (2) Potentially
destructive or damaging acts to the integrity of the university of Akron's
or other "IT" systems, including, but not limited to: (a) Attempts to defeat system security. (b) Knowing distribution of malware (software designed to
infiltrate or damage a computer system without the owner's informed
consent) or malicious code. (c) Causing disruption, congestion, or security breaches of
network communications. (d) Engaging in port scanning or security scanning. (e) Executing any form of "IT" system or
"IT" resource monitoring that will intercept data not intended for
the user's authorized use, unless this activity is part of the user's
normal job or duty at the university. (f) Modification or removal of data or equipment. (g) Use of unauthorized devices. (h) Making "IT" systems or resources available to
unauthorized users. (i) Unauthorized copying of confidential or sensitive data
without the permission of the information technology security
officer. (j) Revealing account password or other authentication methods
to others or allowing use of university accounts by others, including family
members. (k) Circumventing user authentication or security of any
"IT" system or resource. (l) Use in violation of law. (3) Use in violation of
university contracts. (4) Disruption or
performing unauthorized monitoring of electronic communications. (5) Unauthorized access
or use, which may include, but is not limited to: (a) Improper access and use of information beyond the
individual's authority; (b) Attempts to defeat system security; (c) Disguised use; or (d) Unauthorized sharing of passwords. (6) Misuse of e-mail,
such as, but not limited to: (a) Sending unsolicited e-mails to a large number of recipients,
i.e. sending spam-mail or unwanted chain letters. (b) Soliciting for personal financial gain. (7) Committing crimes or
prohibited acts, including but not limited to the following. [Note: Illegal
acts involving the university of Akron informational resources facilities may
also be subject to prosecution by state and federal authorities]. (a) Use of "IT" systems or "IT" resources for
purposes unrelated to the mission of the university. (b) Violating the rights of any person or company protected by
copyrights or other intellectual property, or software license agreements,
which shall include, but not be limited to installation, distribution or
copying of technology products/services or copyrighted material for which the
user does not have a license. (c) Exporting software or technical information in violation of
international or regional export control laws. (d) Academic dishonesty, including, but not limited to,
plagiarism and scientific misconduct, as provided in rule 3359-11-17 of the
Administrative Code. (8) Use that impedes,
interferes with, impairs, or otherwise causes harm to the activities of
others. (9) Use that is
inconsistent with or that jeopardizes the university of Akron's
non-profit status, use for personal gain, use for personal financial gain, and
use for promotion of business enterprises. (G) Procedures for implementing
penalties, appeal of administrative decision. (1) Individuals given the
privilege to use "IT" systems and "IT" resources are
expected to abide by this and other applicable university of Akron policies,
regulations, directives and guidelines. Disregard of this and other applicable
policies, regulations, directives and guidelines subjects the user to
applicable disciplinary procedures. (2) Procedures for review
of improper access and use. (a) Procedure for revocation of privileges: (i) The vice president
and chief information officer shall designate a representative who shall
collaborate with others as appropriate to review and receive complaints about
violations of this policy, and other applicable policies governing computer and
informational resources. This designated representative shall have authority to
take actions concerning violations of access and use standards, which include,
but are not limited to: (a) Warn users of
violations (transmitted electronically or in writing to the user). (b) Temporarily deny
access or suspend usage, based on seriousness of the violation or recurrent
violations of other prohibited access and use standards. (c) Deny access or
suspend privileges for a definite time. (d) Terminate access and
privileges for an indefinite time. (e) Deny access to
non-members of the university community whose actions affect or pose a threat
to the university. (ii) To the extent
reasonably practicable, warnings will be used to instruct users who may be
prone to mistakes, especially while learning new software. Privilege suspension
shall only be used for serious or repeated violations of pertinent university
rules, regulations, and directives. (iii) The university at
all times reserves the right to take any immediate action necessary to protect
the integrity of university "IT" systems and "IT"
resources, with or without notice. (b) Appeal of an administrative decision: Appeal of a decision made by the designated
representative shall be made to the vice president and chief information
officer. Thereafter, further appeal may be made to the senior vice president
and provost and chief operating officer. (3) Violations beyond
misuse of "IT" systems and "IT" resources will be referred
to and addressed by the appropriate office.
Last updated October 16, 2023 at 8:25 AM
Supplemental Information
Authorized By:
3359
Amplifies:
3359
Prior Effective Dates:
1/31/2015
|
Rule 3359-11-10.3 | Information technology security and system integrity policy.
(A) Need for security and
integrity. The university abides by and honors its long
history of supporting the diverse academic values and perspectives engendered
in its academic culture, and the university deeply respects the freedom of
expression and thought of its users. Although the university does not censor
its users' work, exceptional situations may arise where it becomes
necessary to protect the integrity and security of university information
systems and to provide for effective operation of these systems. The university
must, therefore, reserve the right to limit use and access to certain of its
computing systems where the university becomes aware of serious violations with
respect to its rules and policies, or with respect to applicable federal,
state, or local laws and regulations. This rule provides for information technology
system security and integrity. For purposes of this rule, information
technology includes computing networks at the university of Akron, which enable
communication amongst computing devices as provided by or supported by the
university. The security and integrity of information technology shall be
protected through a set of priorities with which the university seeks
to: (1) Protect human life
and people's safety. (2) Protect information
systems and prevent the unauthorized exploitation of classified or sensitive
data, systems, networks or sites. (3) Protect information
systems and prevent the unauthorized exploitation of other data, including
proprietary, scientific, managerial and research data. (4) Prevent any damage to
or alteration of information technology hardware or software. (5) Minimize any
disruption of computing resources and processes. (B) Information technology security
officer. The chief information officer (CIO) shall appoint
an information technology security officer ("ITSO") to implement the
information technology security program at the university of Akron. The
"ITSO" shall seek to assure that information technology is secure at
the university and shall be responsible for the following duties: (1) Providing for network
security by seeking to preclude misuse of the university's network to gain
or attempt to gain unauthorized access to any system; (2) Providing for and
implementing, in cooperation with the information technology security policy
committee, a written system to investigate any violations or potential
violations of this policy or any policy regarding system security and
integrity, individually or in cooperation with any appropriate university, law
enforcement, or investigative official; (3) Enforcing the
provisions of this rule; (4) Keeping a record of
system integrity problems and incidences; (5) Taking such emergency
action as is reasonably necessary to provide system control where security is
deemed to have been lost or jeopardized; (6) Performing periodic
security surveys; (7) Performing checks of
network systems to assess system security and integrity, as well as to
determine the use or placement of illegal or improper software or
equipment; (8) Disposing of software
or equipment, through appropriate methods, that university officials deem to be
legal or proper where such equipment is not attached to or accessing university
network systems; (9) Ensuring processes
are in place to remove all data before equipment is disposed or
redeployed; (10) Training personnel
who work with university network systems; (11) Keeping copies of
all records and reports necessary to implement this rule; (12) Coordinating and
consulting with the office of general counsel, the office of the VPCIO and the
information technology security policy committee; (13) Implementing
decisions of the university concerning security; and (14) Providing reports
directly to the CIO and the respective vice president in any area where any
security violation or potential challenge to security occurs. (C) Information technology security
policy committee. (1) The CIO shall appoint
an information technology security policy committee ("ITSPC")
consisting of at least one member from each of the divisions represented by a
vice president at the university. (2) The "ITSPC"
shall, in coordination with the "ITSO," recommend written policies
and procedures necessary for assuring the security and integrity of information
technology at the university of Akron. Additionally, the "ITSPC"
shall coordinate with the "ITSO" in creating and implementing a
written system to investigate any violations or potential violations of this
policy or any policy regarding system security and integrity. (3) Review actions taken
by the "ITSO." (4) The "ITSO"
shall be a permanent member of the "ITSPC." (D) Compliance with system security and
integrity; noncompliance and enforcement; reservation of authority and
rights. (1) All university
personnel shall cooperate fully with the university "ITSO" and the
"ITSPC." (2) The university
reserves the right to take all necessary actions to prevent its network and
computing infrastructure from being used to attack, damage, harm or improperly
exploit any internal or external systems or networks. (3) The university
reserves the right to take all necessary actions to protect the integrity of
its network, the systems attached to it, and the data contained
therein. (4) Violations of
federal, state, or university regulations, or any laws respecting information
technology will be considered serious matters that may warrant loss of
applicable privileges, fines, or more serious action as necessary, including
but not limited to appropriate disciplinary action. (E) Network security and implementation
guidelines. (1) Use of the
university's network to gain or attempt to gain unauthorized access to any
system or information is prohibited. (2) Unauthorized network
devices may not be attached to the university's network. (a) An unauthorized network device is any device which,
when attached to a packet switched network, enables or facilitates the flow of
data for which the device is neither the authorized originator or authorized
destination. (b) Interference with network devices or their
functionality is prohibited. (3) Devices that provide
routing service or functionality, or that generate any type of routing protocol
traffic, may not be attached to the university's network without
justification and the director of network and communications services'
prior approval. (4) Users may not modify
the topology of the university's network without prior
approval. (a) The installation of network cables, access points,
switches, routers or other communications equipment by department staff and
students is prohibited, without the prior approval of the director of network
and communication services. (b) Telecommunications is the only authorized manager of
cable installation. (5) Network
servers. (a) All network servers and server services must be
registered with the server systems group. (b) The server systems group in the ITS Division will have
administrative access to all servers connected to the network to maintain
operating system patches and anti-virus software required to protect the
university. (c) Unless arrangements have been made with the server
systems group, all network connections are considered to be client connections.
Client connections are connections that offer no services, computing resources
or data resources to the public internet. (6) Network applications
and protocols that are not essential to carrying out the mission of the
university or to the conduct of university business are neither specifically
permitted nor specifically prohibited. Should such an ancillary application or
protocol become a risk to the security of the university's computing
infrastructure, its use may be restricted or blocked as deemed appropriate or
necessary, without prior notice. (7) The use of anonymous
or generic "IDs" to provide general login access to university
network services is prohibited. This prohibition may not apply when access is
otherwise strictly controlled and limited to specific services. (8) Attempts to bypass or
circumvent the university's policies on network security or their
implementation are prohibited. (9) By connecting to the
university's network, users consent to the university's use of both
active and passive systems to assess the security of the university's
network and all devices connected to it. (a) Systems that appear to be compromised or that present
an immediate risk to the security of the university's computing
infrastructure may be disconnected as deemed necessary without prior
notice. (b) Those systems not deemed to be high risk will be given
ample time to correct the problems. (10) The university of
Akron will make a good faith effort to protect the integrity of all data which
traverses its network but does not guarantee its privacy.
Last updated October 4, 2023 at 3:41 PM
|
Rule 3359-11-13 | Non-discrimination and harassment policy.
Effective:
September 27, 2025
(A) Statement of policy. (1) The university of
Akron affirms its commitment to an academic, work, and study environment free
of inappropriate and disrespectful conduct and communication. All students,
faculty, and staff shall be protected under the guidelines of this policy. This
policy not to discriminate shall extend to admission and employment. Inquiries
about the application of Title IX and the Title IX regulations may be referred
to the university's Title IX coordinator, to the U.S. department of
education, office for civil rights (OCR), or both, as provided in the
university of Akron gender-based misconduct and Title IX policy and protocol
located at:
https://www.uakron.edu/title-ix/docs/title-ix-policy.pdf. (2) This policy shall be
widely disseminated to employees and students and shall be incorporated into
employee trainings and be included in student orientation materials.
Supervisors shall ensure that those under their supervision are aware of this
policy. A copy of this policy shall be available at the equal employment
opportunity office, the office of student conduct and community standards and
other places as may be specified by the chief human resource
officer. (3) By this policy, the
university is providing notice that protected class-based harassment and
discrimination will not be tolerated. This policy shall be coextensive with
applicable state and federal laws and prohibit discrimination or unwelcome
conduct directed towards a person based on their actual or perceived membership
in a protected class. This policy will provide the basis for such concerns to
be addressed. (4) It is the policy of
this institution that there shall be no unlawful discrimination against any
individual in employment or in its programs or activities at the university of
Akron because of race, color, religion, sex/gender, sexual orientation, gender
identity or expression, age, national origin, ethnicity, disability, 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 nursing mother, status as a foster
parent, military status, genetic information, or status as a veteran. The
university of Akron prohibits sexual harassment of any form in all aspects of
employment and in its programs and activities and prohibits discrimination on
the basis of any protected class in employment and admissions. (B) Conduct will be found to violate this
policy where: (1) It treats
individuals differently on the basis of the actual or perceived membership in a
protected class; or (2) It creates a hostile
work, educational, or campus residential environment based on actual or
perceived membership in a protected class where: (a) Enduring the offensive conduct becomes a condition of
continued employment or participation in the university's educational
program, activities or services; or (b) The conduct is sufficiently severe or pervasive to
create a work, educational or campus residential environment that a reasonable
person would consider intimidating, hostile or abusive. (C) This policy prohibits retaliation
against any student or employee for: (1) Exercising their
rights under this policy; (2) Bringing forward a
charge under this policy; or (3) Testifying, assisting
or participating in any manner in an investigation, hearing or other proceeding
under this policy or pursuant to procedures provided by law. (D) Responsibility. (1) All persons
affiliated with the university have a responsibility to implement this
policy. (2) The office of equal
employment opportunity shall facilitate and administer this policy for
employees consistent with the terms set forth herein and consistent with the
state and federal rules, regulations, and laws governing this
institution. (3) The office of student
conduct and community standards shall facilitate and administer this policy
consistent with the code of student conduct for students and consistent with
the state and federal rules, regulations, and laws governing this
institution. (E) Investigating, reporting and
procedures. (1) Any individual who
feels that they have been subjected to protected class-based harassment or
discrimination by a university student, employee or a third-party at the
university may file a formal complaint. The university reserves the right in
its discretion to file a complaint to protect the university community. Such
complaints should be filed as quickly as possible, typically within sixty days,
after the incident or conduct in question, utilizing either the informal or
formal process. All complaints will receive a prompt and equitable
resolution. (2) Formal complaints
alleging violation(s) of Title IX or gender-based harassment or discrimination,
including but not limited to sexual harassment, can be filed in person, by mail
or by email with the Title IX coordinator or deputy coordinators pursuant to
the university of Akron gender-based misconduct and Title IX policy and
protocol located at: https://www.uakron.edu/title-ix/docs/title-ix-policy.pdf.
Information and contact information for the Title IX coordinator and deputy
coordinators can be found at: http://www.uakron.edu/title-ix/. (3) Complaints alleging
that a university student, employee or third party, has engaged in protected
class-based discrimination or harassment in violation of this policy, other
than complaints alleging a violation of Title IX or gender-based discrimination
or harassment, may be filed with the appropriate office, as follows:
(a) Complaints alleging that a university student has
engaged in protected class-based harassment, other than complaints alleging a
violation of Title IX or gender-based harassment, may be filed with the office
of student conduct and community standards. Information and contact information
regarding the office of student conduct and community standards can be found
at: https://www.uakron.edu/studentconduct/. (b) Complaints alleging that a university employee or
third-party at the university of Akron has engaged in protected class-based
discrimination or harassment in violation of this policy, other than complaints
alleging a violation of Title IX or gender-based discrimination or harassment,
may be filed with the office of equal employment opportunity. Information and
contact information regarding the equal employment opportunity office can be
found at: https://www.uakron.edu/hr/eeoaa/. (4) Any conduct defined
as criminal under Title XXIX of the Ohio Revised Code must be resolved through
the formal process. Such complaints may also be referred to the appropriate
external agency, including the prosecutor, police, or other appropriate
investigative agency. (5) Formal complaints
alleging protected class discrimination or harassment by a student will be
investigated and resolved in accordance with the code of student conduct.
Formal complaints alleging protected class discrimination or harassment by an
employee or third-party will be investigated and resolved in accordance with
the procedures adopted by the office of equal employment opportunity. Formal
complaints alleging sexual harassment or gender-based discrimination will be
responded to and investigated in accordance with the protocols approved by the
Title IX coordinator. The complainant and the respondent will be fully informed
of the results of the investigation. (6) Any student, faculty
or staff person accused of protected class-based harassment is entitled to due
process as specified in applicable laws, regulations, university rules,
policies and/or or applicable collective bargaining agreements. (7) Persons who violate
this policy will be subject to appropriate corrective action, which may
include, but may not be limited to, referral for counseling, written or oral
reprimands, suspension or dismissal from the university, suspension with or
without pay, termination, or referral to the criminal justice system. Sanctions
for conduct prohibited by Title IX of the Education Amendments Act of 1972 will
be in accordance with the protocols approved by the Title IX
coordinator. (8) Any person found to
have falsely filed a complaint under this policy will be subject to appropriate
corrective action. A finding that there is insufficient evidence to
substantiate a complaint is not the same as a finding that a complaint was
falsely filed. (9) Nothing contained
herein shall be deemed to restrict or otherwise prohibit the complainant from
filing a complaint with an appropriate external governmental agency, nor shall
this policy be deemed as discouraging individuals from seeking legal counsel.
It shall, however, be the responsibility of such individuals to meet any agency
filing deadlines. (F) Privacy. All complaints under this
policy will be treated with discretion and be discussed only to the extent
consistent with an appropriate investigation and response. Only those persons
necessary for the investigation and resolution of the complaints will be given
information about them, to the extent consistent with the university's
legal obligations.
Last updated September 29, 2025 at 8:04 AM
Supplemental Information
Authorized By:
3359
Amplifies:
3359
Prior Effective Dates:
10/25/2020
|
Rule 3359-11-15 | Reemployment procedures for retirees other than retirees who elected to retire under a university of Akron early retirement incentive program for all employees other than bargaining unit faculty.
This rule shall apply to all employees other than members of a bargaining unit in which an agreement governs the reemployment of retirees. (A) Am. Sub. Senate Bill 144, effective September 14, 2000, and other relevant sections of the Revised Code facilitate the reemployment of qualified STRS Ohio benefit recipients by removing past restrictions on this process. These changes to Ohio law permit qualified retirees from the university of Akron the opportunity to retire and begin receiving their personal annuity benefits and be reemployed full-time with the university of Akron at no additional cost to the university of Akron. (B) Full-time university of Akron employees other than members of a bargaining unit who are eligible to retire from an Ohio pension system affected by the enactment of Am. Sub. Senate Bill 144 may seek an agreement with the university of Akron, in advance of retirement, to be reemployed full- or part-time with the university of Akron as permitted by law in the same or similar position following retirement, without the necessity of a formal search process under the university's affirmative action plan. All such agreements shall be reduced to writing and shall be subject to prior approval by the board of trustees. This rule shall not be deemed to obligate the board to approve any such agreement or to create any right to such reemployment or expectancy of reemployment or expectancy of any right to reemployment for any employee or retiree of the university of Akron. (C) Such reemployment agreements, in the case of tenured or tenure-track faculty, shall expressly provide that tenure and any right or expectancy to obtain tenure shall terminate upon the employee's retirement; and any such reemployment with the university of Akron thereafter shall not include any grant of tenure or any expectancy or other entitlement whatsoever to obtain tenure as a result of reemployment or otherwise. Any period of reemployment shall not count or in any way be used to count toward the obtainment of tenure at the university of Akron. The reemployed retiree shall be entitled to retain the appropriate academic rank achieved upon retirement. (D) Unless otherwise approved by the board of trustees, such reemployment agreements shall include the following in addition to any other specific provisions that may be included in any agreement: (1) A non-renewable term of one year, except that the board of trustees, on the recommendation of the president and provost, may renew for successive one year terms reemployment agreements for faculty whose peer-reviewed research and scholarship is recognized nationally and internationally to be preeminent, has a history of service to the university, and from whose presence on the faculty the university derives an immeasurable benefit. (2) The employee shall be eligible to enroll in the university's group health insurance and other benefits programs in the same manner as all other similarly situated university of Akron employees. (3) Reemployment agreements shall provide that eighty per cent of the greater of: (a) the retiree's annual base salary at retirement or (b) the retiree's annual base salary at June 30, 2015 shall be the maximum amount of retiree's base salary upon reemployment, prorated for any reemployment period. If the retiree is reemployed on a part-time basis, the retiree's maximum salary will be eighty per cent of the greater of: (a) the retiree's prorated annual base salary at retirement or (b) the retiree's prorated annual base salary at June 30, 2015. (4) Nothing in this rule shall preclude the president of the university from recommending a reemployed retiree receive: (a) A stipend for additional duties or responsibilities; (b) A bonus, or other such award for merit; or (c) Any other amount based on employee performance. However, such additional amounts, if approved by the board of trustees, shall not be considered or made a part of the reemployed retiree's base salary. (E) These procedures shall not be available to employees or former employees of the university of Akron who elected to retire from the university of Akron through participation in an early retirement incentive program (ERIP). (1) Definitions. (a) "Superannuate" means a former teacher receiving a service retirement allowance under section 3307.58 or 3307.59 of the Revised Code from the state teachers retirement system (STRS) or a combined service retirement benefit paid in accordance with section 3307.57 of the Revised Code, regardless of which retirement system is paying the benefit. (b) "Other system retirant" means a member or former member of the public employees retirement system (PERS), police and firemen's disability and pension fund, school employees retirement system (SERS), state highway patrol system, or Cincinnati retirement system who is receiving age and service or commuted age and service retirement, or a disability benefit from a system of which he is a member or former member. (2) State teachers retirement system (STRS). (a) The university of Akron may employ a superannuate or other system retirant as a teacher. (division (B) of section 3307.35 of the Revised Code). (b) Any superannuate or other system retirant employed as a teacher at the university of Akron shall contribute to the state teachers retirement system. (division (C) of section 3307.35 of the Revised Code). Any superannuate or other system retirant who has received retirant benefits for less than two months shall forfeit the allowance or benefit for any month the superannuate or retirant is employed prior to the expiration of such period. (division (F) of section 3307.35 of the Revised Code). (3) School employees retirement system (SERS). (a) A public employer may employ a SERS retirant or other system retirant and, if so employed, the retirant must contribute to SERS. (division (B)(1) of section 3309.341 of the Revised Code). (b) A SERS retirant or other system retirant who has received his or her retirement allowance or disability benefit for less than two months when reemployment begins will forfeit his or her retirement allowance or disability benefit for the period that begins on the date the employment commences and ends on the date that is two months after the date on which the retirement allowance or disability commenced. (division (C) of section 3309.341 of the Revised Code). (4) Public employees retirement system (PERS). (a) A PERS retirant who has received a retirement allowance for less than two months when employment begins will forfeit the allowance for the period that begins on the date the employment begins and ends on the date that is two months after that date on which the retirement allowance began. (division (B)(4) of section 145.38 of the Revised Code). (b) A PERS retirant who enters into a contract to provide services as an independent contractor to the employer by which the retirant was employed at the time of retirement or, less than two months after the retirement allowance commences, begins providing services as an independent contractor pursuant to a contract with another public employer, will forfeit the pension portion of the retirement benefit for the period beginning the first day of the month following the month in which the service begin and ending on the first day of the month following the month in which the services end division (B)(6) of section 145.38 of the Revised Code.
|
Rule 3359-11-17 | Conflict of interest, conflict of commitment, scholarly misconduct, and ethical conduct.
(A) The university shall develop policies to address ethics concerns for university employees. This includes conflicts of interests and conflicts of commitments for university employees. The policy shall require preapproval of potential conflicts with a process to review the potential conflicts and the ability to manage the conflicts, if appropriate, consistent with applicable laws and university rules and policies. The policy will be administered by the office of human resources. (B) The university shall develop policies to address research integrity and employee financial interests in companies licensed under university intellectual property. This policy will be administered by the office of research administration. Disclosures under this policy may be in addition to disclosures under the university's conflict disclosure process. (C) The university shall develop policies for scholarly misconduct by employees, visiting scholars, or students in research and scholarship. The policy will be administered by the office of academic affairs. (D) The university shall develop policies for nepotism, spousal hiring, and consensual relationships. The policy will be administered by the office of human resources. (E) The university shall develop policies for activities of sponsored programs by employees, visiting scholars, or students in research and scholarship. These policies will be administered by the office of research administration and be based on the following principles: (1) University employees are prohibited from independently submitting or negotiating proposals or contracts for any externally sponsored research or other sponsored programs on behalf of the university. Proposals, and any subsequent negotiations, awards, other agreements, or changes, are to be processed through and require the prior written authorization of the university through the office of research administration. (2) All university employee involvement in proposals for sponsored research or other programs at other institutions must be approved in advance through the office of research administration. University employee involvement in a program or project at another institution that might be conducted appropriately at the university of Akron as part of normal employee duties, could result in situations that place students and staff in conflicts of interest, and also deprive students and colleagues of the faculty members or other employees, primary intellectual energies. A bona fide subgrant or subcontract agreement of equitable terms, normally involving one institution as fiscal agent and the other(s) as subgrantee(s), negotiated in advance between the university and the other institution(s) and naming the university employee among the key personnel for the project, is an appropriate means for a university employee or team to participate in inter-institutional research projects or other sponsored programs. (3) University employees must receive specific prior written approval from the senior research officer to divert funded research opportunities or other sponsored program support from the university to other institutions or external entities. (4) A university employee will inform students and all workers engaged in research or other sponsored programs to be conducted under his or her supervision of all details, policies, and procedures concerning the project needed for the students and workers to perform their role. These include full disclosure of the terms of the agreement in support of the activity, including copyrights or patent rights arising from the research; policies and procedures governing scholarly misconduct; and other as applicable (e.g. health and safety regulations, protection of human rights, ethical care and use of animals, radiation safety, biohazard safety). (5) It is the responsibility of each university employee to disclose promptly to the senior research officer any situation or proposal in which the objectivity of a university employee or participant in a research project could be reasonably questioned. (F) The university shall develop policies and procedures for intellectual property and technology transfer. These policies will be administered by the office of technology transfer based on the following principles: (1) Inventions and patent rights of university employees developed or obtained during the course of the individual's employment contract with the university belong to the university unless otherwise stipulated in a specific written university patent rights agreement signed by an authorized university official delegated such authority by the university board of trustees. Computer software developed by university employees during the course of the individual's employment contract with the university or using university resources is the property of the university. (2) Inventions or discoveries made using any university facilities or other university resources belong to the university even if the inventors are not university employees, unless otherwise stipulated in a specific written university patent rights agreement signed by an authorized university official delegated such authority by the university board of trustees. (3) University intellectual property, including inventions and computer software, is to be managed under rule 3359-2-05 of the Administrative Code. The university will share with inventors and software authors any net royalties or royalty-type income that may be gained as a direct result of licensing or attempting to license the intellectual property. (4) University employees are to disclose in a timely manner to the university: (a) their own creation or discovery of inventions and computer software which are developed using university resources regardless of sponsorship; (b) any discoveries and inventions utilizing university resources, including those resulting from their participation in sponsored research or other sponsored programs, other remunerative outside activities in their field of academic interest or specialization, or any other activities of an outside commercial enterprise including any university employee-owned or employee-managed company; and/or (c) the creation or discovery of inventions of any others associated with them when that development involved any university resources. (5) No university employee is to provide confidential or proprietary information, including disclosures or other information regarding inventions or other intellectual property, to a company or other entity or its agents without prior disclosure to and specific permission from the university board of trustees upon recommendation of the vice president for research.
Last updated May 11, 2026 at 7:58 AM
|
Rule 3359-11-22 | Background checks.
Effective:
March 30, 2025
(A) Purpose. The university of Akron is committed to providing a safe environment for all students and employees. The university endeavors to protect the health, welfare and safety of all students, employees and visitors on our campus. As such, the university will conduct a pre-employment background check for all applicants selected for employment, volunteer activities, certain contractors, and those individuals working with minors. This background check shall apply, without limitation, to all individuals selected during the hiring process including all full-time and part-time administrators, faculty, professional staff, staff, volunteers, contractors that will have access to sensitive or confidential information and those individuals interacting with or working with minors. For individuals who are considered for rehire following an interrupted period of employment, a background investigation will be required if there is a break of twelve months or more from the end of the most recent period of employment. Individuals that have a break in service for less than twelve months, must disclose any convictions that occurred during the break prior to commencement of rehire or participation in university activities and programs. (B) Conducting criminal background checks. (1) Background checks will be performed once a candidate has been selected for employment and an offer contingent upon successful background check result has been made, but prior to the commencement of employment. The applicant for the position will be required to provide a written release to authorize the criminal background investigation. In addition, it shall be a condition of employment that all such individuals submit to the criminal background check procedures. Background checks will be required for all contractors that the university determines have access to sensitive or confidential information that work with or interact with minors. (2) Certain positions may be subject to additional background investigation. Other inquiries pertinent to a particular position, including but not limited to obtaining an applicant's credit history or driving history, will be obtained as warranted. The determination of whether additional inquiries may be required, based on the position, will be determined by the chief human resources officer and the appropriate divisional leader. (a) Professional staff, graduate assistants, residence assistants, desk assistants, staff, volunteers, individuals working with minors and such others as designated by the director of residence life and housing are subject to annual criminal background checks. In addition to such staff, employees, and volunteers, criminal background checks also may be required of spouses and adult dependents, as a condition of being granted permission to reside in the residence halls. (b) Positions with access to, or control over cash, checks, credit card accounts, or financially sensitive information. (c) Positions that allow access to personally identifiable information about individuals or organizations associated with the university or involve the creation or maintenance of processes required to secure information maintained by the university, including network administrators, system programmers, human resources, student employment and university advancement personnel. (d) Positions requiring the operation of university motor vehicles or heavy equipment as part of assigned job duties. (e) Individuals whose job duties or responsibilities require them to interact with minors. (3) The university may utilize a professional firm specializing in background searches and investigations. All investigations and records are obtained and handled in a confidential manner and in compliance with applicable federal and state laws, including the Fair Credit Reporting Act (FCRA). The university of Akron will pay for all fees associated with the criminal background check. (C) Use of information obtained from criminal background checks. (1) A plea of guilty to, a finding of guilty by a referee, jury or court, or a conviction of a crime will be considered in determining the eligibility of an individual for employment. The university of Akron will not consider arrests without conviction for employment purposes unless required by law; provided, however, that in the event the applicant has an arrest that is pending during the hiring process and the university determines that the hiring decision cannot be delayed pending the outcome of the criminal proceedings, the university will, within its discretion, proceed with the hiring process without further consideration of the applicant. (2) Although a disqualification is possible, in accordance with federal and state laws, a previous conviction will not automatically disqualify an applicant from consideration for employment. Background reports that indicate a plea of guilty to, a finding of guilty by a referee, jury or court, or a conviction of a crime will be reviewed by a designated individual(s) in the department of human resources. The chief human resources officer or designee and appointing authority shall confer with the office of general counsel prior to approving any action taken under this policy. (3) In the absence of compelling and extraordinary circumstances, a plea of guilty to, a finding of guilty by a referee, jury or court, or a conviction of any of the following normally shall disqualify an applicant from employment: (a) A felony as defined by the Revised Code. (b) A sexual offense, as defined in Chapter 2907. of the Revised Code. (c) An offense of violence, as defined in division (A)(9)(a) of section 2901.01 of the Revised Code. (d) A theft offense, as defined in division (K)(1) of section 2913.01 of the Revised Code. (e) A drug abuse offense, as defined in division (G) of section 2925.01 of the Revised Code. (f) Substantially comparable conduct, at the university's sole discretion, to paragraphs (C)(1) to (C)(5) of this rule, occurring in a jurisdiction outside the state of Ohio. (4) In addition, the following factors will be considered for those applicants with other potentially disqualifying criminal records in determining whether to extend an offer of employment: (a) The nature or gravity of the offense(s); (b) The time since the conviction and/or completion of the sentence; and (c) The nature of the job held or sought. (5) If a guilty plea, finding of guilty, or conviction is discovered, the applicant will be given an opportunity to discuss the findings of the criminal background report with the designated individual(s) in the department of human resources. If, at any time it is determined that an applicant attempts to withhold information or falsifies information pertaining to previous convictions, the applicant immediately will be removed from consideration for employment. If an applicant does not disclose or otherwise withholds or falsifies information pertaining to a criminal record during the hiring process, and is later found to have such a record, it will be considered sufficient grounds to terminate the individual's employment. (D) Offer of employment. Generally, no one should be hired prior to obtaining the results of background checks. However, it is recognized that there may be extenuating circumstances that necessitate the start of employment before the background check results are received. In these limited situations, employment is contingent on the results of the background check. Information obtained from the criminal background check will be used as part of the employment process and will be kept confidential to the extent permitted under Ohio law. (E) Standards. Faculty, staff, professional staff, student employees, graduate assistants, certain contractors, and volunteers working with minors must self-disclose felony or misdemeanor convictions that occur after hire within three days of pleading guilty or being convicted. (F) Procedure for effecting criminal background checks. The procedure for effecting criminal background checks shall be under the authority of the university of Akron's department of human resources.
Last updated March 30, 2025 at 12:34 AM
|
Rule 3359-11-23 | Petitions for employment-based non-immigrant or immigrant (permanent residency) status.
Effective:
September 24, 2023
(A) The teaching, research and service
mission of the university of Akron is enhanced by the knowledge and expertise
shared by foreign nationals joining our community as teachers, scholars and
specialists. In order to employ international faculty and staff, whether on a
temporary or permanent basis, federal law requires that an employer file a
petition seeking approval of the employment. In order for the university to
complete the petitions, certain technical requirements must be met, including
attestations as to labor conditions. The university will consider preparation
of the petition only after the following threshold facts have been
documented: (1) Petitions for
employment-based non-immigrant or immigrant status are based on documented
institutional needs. Assisting individuals with successful attainment of
non-immigrant or immigrant status for personal or other non-university related
reasons is not a valid basis for university sponsorship or offers of university
employment. (2) Job descriptions
provided for the preparation of petitions for non-immigrant or immigrant
workers accurately describe the actual job duties to be performed by the
worker. (3) Proposed rates of pay
are equal to actual wage levels paid to all other individuals employed in
similar positions or the applicable prevailing wage for the position being
filled, whichever is higher. (4) Petitions for
immigrant workers are based on reasonable expectations of continued
employment. (B) Notice of hiring of a foreign
national shall be provided to the office of general counsel as soon as
practical, but not later than six months prior to the anticipated start date.
The office of general counsel and human resources department must approve the
filing of all non-immigrant and immigrant petitions. (C) Specialty occupation petitions for H-1B non-immigrant
or immigrant workers normally will be evaluated only for positions requiring a
high level of expertise and terminal degrees in the field, or a high level
management or technical position justifying the university's
sponsorship. (D) Consistent with the parameters set forth herein, the
university will agree to sponsor non-immigrant and immigrant petitions only
with the approval of the office of general counsel. The hiring department and
foreign national must, however, be made aware of the length and complexities of
the non-immigrant and immigrant petition application process and the extensive
requirements and labor conditions that must be met by both the employee and
employer and the fact that immigrant status is subject to timing and approval
by the U.S. citizenship and immigration services. International employees are
limited to employment for only the length of time determined by his/her initial
non-immigrant status and any valid extensions or adjustment to immigrant
status, assuming the international employee's job performance is otherwise
satisfactory and that adequate and expected continued funding
exists. (E) For those foreign nationals seeking appointment to a
tenure-track position, university policy requires the faculty member to have an
approved application for permanent residency, prior to submitting an
application for tenure. The faculty member need not have actually received
permanent residency status (i.e. green card) in order to apply for tenure.
(F) The university may sponsor
non-immigrant and immigrant petitions only for university employees and not
those of the spouse or dependent(s) of an employee. (G) The non-immigrant or immigrant worker
must have valid work authorization and be physically present in the United
States in order to begin and maintain university employment.
Last updated September 25, 2023 at 8:20 AM
Supplemental Information
Authorized By:
3359
Amplifies:
3359
Prior Effective Dates:
1/31/2015
|
