Chapter 3359-9 | Classified and Unclassified Civil Service; Full-Time; Notice Procedure

Rule 3359-9-01 | Appointments to the classified and unclassified civil service.

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

(A) The board recognizes that the civil service of the state is "... divided into the unclassified service and the classified service..." and, that the "...unclassified service shall comprise the following positions, which shall not be included in the classified service...":

"...All presidents, business managers, administrative officers, deans, assistant deans, instructors, teachers, and such employees as are engaged in educational or research duties connected with..." the university of Akron as determined by the board of trustees, as defined in division (A)(7)(a) of section 124.11 of the Revised Code.

(B) Pursuant to the rules of the board of trustees, the president and the president's designee(s) are empowered to employ, set compensation for and remove full-time administrative officers, faculty, professional staff, and unclassified staff members and all part-time employees and classified staff, and to perform all other personnel actions, except as otherwise provided in rules 3359-1-02 and 3359-7-01 of the Administrative Code. All appointments shall identify the classified or unclassified status of the position. By virtue of appointment to the classified or unclassified service, such employee shall be subject to the authority of the president, or the president's designee(s) who shall have the discretion at any time during the term of appointment to make or to authorize assignments, reassignments, or other administrative changes in an individual's duties or responsibilities, including but not limited to changing administrative designations or reporting relationships.

(C) Certificates of appointment, letters, job descriptions, or other instruments documenting or issued by the appointing authority shall not be constructed to limit the discretion and authority of the president, or the president's designee(s).

(D) Employment and compensation of employees of the university of Akron is the responsibility of the board, and the board has authorized the president and the president's designee(s), but no other officer or employee of the university of Akron, to employ, remove, fix the compensation of, or in any manner whatsoever create any expectancy of employment or reemployment, except as expressly authorized in the bylaws, rules, and regulations of the board, and consistent with the authority and limitations of this rule, and rules 3359-1-05, 3359-20-06.1 and 3359-22-01 of the Administrative Code. All offers of employment shall be subject to the approval of the board of trustees and/or the president or the president's designee(s), and no person shall be entitled to rely upon any verbal or written representation to the contrary.

(E) The board of trustees will act upon all personnel actions that involve full-time administrative officers, faculty, professional staff, and unclassified staff members whose employment is pursuant to a personal multi-year employment agreement.

(F) The office of general counsel shall provide advice and counsel with respect to the negotiation and terms of such contractual arrangements and shall review all such documents for legal form and sufficiency. Prior to any board meeting at which board approval will be requested for the employment of such individual(s), the document(s) containing all proposed terms of employment shall be provided to the board of trustees for its review.

(G) This rule shall not apply to undergraduate, graduate or professional students.

Last updated October 20, 2023 at 12:35 PM

Supplemental Information

Authorized By: 3359.01
Amplifies: 3359.01
Prior Effective Dates: 1/31/2015

Rule 3359-9-03 | Full-time service.

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

Faculty and administrative appointments, unless specifically indicated otherwise in the contract of employment, should be regarded as full-time employment responsibilities to the university. All outside activities, whether for compensation or otherwise, must not be performed at the expense of the individual's primary responsibilities to the university. Moreover, such outside activities shall not be undertaken which violate Ohio's ethics laws governing public employees. For purposes of this provision, outside activities shall include activities not connected with employment for the university of Akron, including, but not limited to those activities which separately involve a source of income such as from private employment, other public employment, consulting, teaching, research, memberships on corporate boards, etc. The faculty member's contract shall not include any guarantee of the right to consult or to engage in outside activity. Approval of participation in outside activity is a privilege, not a right or benefit. The conflict of interest, conflict of commitment policy, rule 3359-11-17 of the Administrative Code applies to all university employees; in addition, article 24 of the collective bargaining agreement between the university of Akron and the American association of university professors, the university of Akron chapter, which became effective in 2005, applies to bargaining unit faculty.

(A) Such outside activities should only be undertaken with the full understanding and prior written approval of the dean in the case of faculty members, or the administrator in the case of professional staff or other employees.

(B) The president of the university of Akron, its vice presidents and deans, shall obtain prior approval of the board of trustees with regard to outside activities as defined in this section. Any vice president and dean of the university shall first obtain prior written approval of the president with regard to such outside activities; and upon recommendation of the president, the board shall consider the request of such officer.

(C) The board of trustees shall consider requests to engage in outside activities in executive session, unless otherwise requested as provided in division (G)(1) of section 121.22 of the Revised Code.

(D) The president, vice presidents, deans and other officers as may be designated by the board of trustees from time to time, shall submit on forms required by the board of trustees an annual disclosure of any memberships on any corporate boards, partnerships or associations held by such officers. Such disclosures shall also identify any office or fiduciary relationship on a not-for-profit corporation or public board or agency.

(E) Violation of Ohio ethics laws governing public employees shall be deemed sufficient cause for discipline, up to and including termination from employment.

Last updated October 20, 2023 at 12:35 PM

Supplemental Information

Authorized By: 3359
Amplifies: 3359
Prior Effective Dates: 9/21/1995