Chapter 3359-11 | Policies on Hiring Policies and Benefits

Rule 3359-11-10 | Access and acceptable use of university computer and informational resources.

• Effective: October 14, 2023
• Promulgated Under: 111.15

(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.

• Effective: June 27, 2016
• Promulgated Under: 111.15

(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

Supplemental Information

Authorized By: 3359.01
Amplifies: 3359.01

Rule 3359-11-13 | Non-discrimination and harassment policy.

• Effective: September 27, 2025
• Promulgated Under: 111.15

(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.

• Effective: June 20, 2015
• Promulgated Under: 111.15

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.

Supplemental Information

Authorized By: 3359.01
Amplifies: 3359
Prior Effective Dates: 6/25/2007, 12/27/2012

Rule 3359-11-17 | Conflict of interest, conflict of commitment, scholarly misconduct, and ethical conduct.

• Effective: May 9, 2026
• Promulgated Under: 111.15

(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

Supplemental Information

Authorized By: 3359
Amplifies: 3359.03
Prior Effective Dates: 6/25/2007

Rule 3359-11-17.1 | Conflict management requiring president's review.

• Effective: January 31, 2015
• Promulgated Under: 111.15

(A) In any instance in which, as university employee, a vice president is required by a university rule, including, but not limited to rule 3359-11-17 or rule 3359-11-18 of the Administrative Code, to make a disclosure or obtain approval, which shall include, but is not limited to, any instance in which such employee may benefit from or have a financial interest in matters pertaining to any property including the development, prosecution, defense, receipt or maintenance of intellectual property, or its commercialization, and the rule requires that the disclosure be made to or the request for approval be considered by the employee's immediate supervisor, the employee shall make the disclosure or submit the request for approval to the president of the university. With respect to any approved conflicts management plan concerning such employee, the president shall have responsibility for compliance under paragraph (D)(3) of rule 3359-11-18 of the Administrative Code and annual review under paragraph (D)(4) of rule 3359-11-18 of the Administrative Code.

(B) In any instance in which a university vice president also serves as director or officer of the university of Akron foundation or the university of Akron research foundation, and may benefit from or have a financial interest in matters pertaining to property including the development, prosecution, defense, receipt or maintenance of intellectual property, or its commercialization, by either the university of Akron, the university of Akron foundation, or the university of Akron research foundation, or any lessees, licensees, purchasers or assignees thereof, neither said individual nor any other employee subject to said individual's authority shall be authorized to make any decision on behalf of the university or said foundations with respect to such matters. In such instances, said individual shall submit the matter for decision to the president of the university. With respect to any approved conflicts management plan or other approval concerning said individual, the president shall have responsibility for compliance with applicable university rules governing conflicts of interest and commitment and with the advisory opinion of the Ohio ethics commission issued on October 15, 2002, concerning the management of such conflicts.

Last updated April 29, 2026 at 12:42 PM

Supplemental Information

Authorized By: 3359.01
Amplifies: 3359.01
Prior Effective Dates: 7/3/2005

Rule 3359-11-22 | Background checks.

• Effective: October 12, 2026
• Promulgated Under: 111.15

(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, certain volunteer activities, certain contractors, and those individuals working with students or 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, and volunteers or contractors that will have access to sensitive or confidential information and those individuals interacting with or working with students or 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 volunteers and contractors that the university, in its sole discretion, determines to have access to sensitive or confidential information or that work with or interact with students or 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) Annual background checks are required for positions that perform work in student residential housing, including but not limited to professional staff, graduate assistants, residence assistants, desk assistants, staff, volunteers, contractors, individuals working with minors and such others as designated by the director of residence life and housing.

In addition to the listed individuals, 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 students or 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, a finding of guilty by a magistrate, jury or court, a plea of no contest resulting in a conviction or any 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, a finding of guilty by a magistrate, jury or court, a plea of no contest resulting in a conviction or any conviction of a crime will be reviewed by a designated individual(s) in the department of human resources. The chief human resources officer and appointing authority, or designee, may 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, a finding of guilty by a magistrate, jury or court, a plea of no contest resulting in a conviction, 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.

(g) Other convictions may disqualify an individual from employment when required by the nature of a specific position and, in making the determination, the university will follow applicable state, federal, or local laws with respect to requirements for holding those specific positions.

(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, a plea of no contest resulting in a conviction, or any other conviction of a crime 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 will immediately be removed from consideration for employment. If it is determined that 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 begin employment prior to obtaining the results of a background check. 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 required by Ohio law.

(E) Standards. Faculty, staff, professional staff, student employees, graduate assistants, certain contractors, certain volunteers, and all individuals working with minors must self-disclose felony or misdemeanor convictions that occur after hire within three days of pleading guilty, being found guilty by a magistrate, jury or court, or pleading no contest resulting in a conviction or being convicted of a crime.

(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 October 13, 2026 at 8:21 AM

Supplemental Information

Authorized By: 3359.01
Amplifies: 3359.01
Prior Effective Dates: 3/30/2025

Rule 3359-11-23 | Petitions for employment-based non-immigrant or immigrant (permanent residency) status.

• Effective: September 24, 2023
• Promulgated Under: 111.15

(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