Chapter 3335-5 Faculty, Governance, and Committees

3335-5-01  Academic freedom and responsibility.

(A)  The Ohio state university endorses full academic freedom as essential to attain the goal of the free search for truth and its free exposition. Academic freedom and academic responsibility are twin guardians of the integrity of institutions of higher learning. This integrity is essential to the preservation of a free society and explains the willingness of society historically to accept the concept of academic freedom and, in addition, to protect it through the institution of academic tenure.

(B)  The principal elements of academic freedom include the freedom of faculty to:

  1. Teach, conduct research, and publish research findings;
  2. Discuss in classrooms, in their own manner, any material that is relevant to the subject matter as defined in the course syllabus;
  3. Exercise their constitutional rights as citizens without institutional censorship or discipline;
  4. Seek changes in academic and institutional policies through lawful and peaceful means.

(C)  Academic freedom carries with it correlative academic responsibilities. The principal elements include the responsibility of faculty to:

  1. Meet their defined teaching, research, and service obligations;
  2. Pursue excellence, intellectual honesty, and objectivity in teaching, in conducting research, and in publishing research findings;
  3. Encourage students and colleagues to engage in free discussion and inquiry;
  4. Evaluate student and colleague performance on a scholarly basis;
  5. Refrain from persistently introducing matters that have no bearing on the subject matter of the course;
  6. Work with appropriate individuals and bodies to provide optimal conditions conducive to the attainment of the free search for truth and its free exposition;
  7. Differentiate carefully between official activities as faculty and personal activities as citizens, and to act accordingly.

(Board approval dates: 9/14/1965, 5/2/1975, 3/1/1985, 6/7/2013)

 

3335-5-02  Appointments and continuing employment; conditions upon.

(A)  Upon nomination and recommendation by the president of the university, the board of trustees shall make all appointments to all positions within the university and approve the salaries therefor.

(B)  In defense of the freedom of those who teach and those who learn, and of the governmental system upon which such freedom is dependent, the conditions hereinafter set forth shall govern all initial appointments and continuing employment by the university.

(C)  It shall be sufficient cause for the removal of any officer, faculty or employee of the university, pursuant to the procedures set forth in rule 3335-5-04 of the Administrative Code, that such officer, employee, or teacher advocate, or have membership in an organization which is generally known to advocate the overthrow of the government of the United States, or of the state of Ohio, by force, violence or other unlawful means. (Reference is made to the provisions of section 124.36 of the Revised Code.)

(Board approval dates: 10/22/1984, 4/19/1985, 5/20/1996, 6/7/2013)

 

3335-5-02.1  Financial exigency.

(A)  Definition. "Financial exigency" is an imminent financial crisis which seriously jeopardizes the ability of the university as a whole to survive as an institution of excellence in teaching, research, and public service. Projections of enrollment, of instructional subsidies, and of other sources of revenues must demonstrate that the shortage of funds will be both severe and persistent and cannot be alleviated by temporary or voluntary measures, as specified in paragraph (B)(2) of this rule.

(B)  Mechanism of determination.

  1. In the event of an imminent financial crisis, as announced and defined by the president to the university senate, the president will solicit the recommendations of the fiscal committee, as provided for under rule 3335-5-48.11 of the Administrative Code, to ascertain whether a determination of financial exigency is warranted.
  2. The fiscal committee, acting in accordance with rule 3335-5-48.11 of the Administrative Code, shall have the responsibility to:
    1. Review the budgetary documentation of the crisis, having full access to that documentation.
    2. Assess whether the crisis would reduce the quality of the academic programs of the university as a whole to an unacceptable degree and would render the university unable to meet its obligations to the public.
    3. Ascertain the extent to which consolidation or elimination of some administrative offices and services or reductions in operating and equipment budgets would alleviate the crisis.
    4. Ascertain the extent to which voluntary retrenchment mechanisms, including early retirement or resignation or other economic incentive plans, would alleviate the crisis.
    5. Make a recommendation based upon the above considerations of the need for a determination of financial exigency.
    6. Report the results of its deliberations to the university senate.
    7. Monitor the financial condition of the university during a state of financial exigency.
  3. Upon receipt of the report of the fiscal committee, the university senate shall make its recommendations as to whether there should be a determination of financial exigency.
  4. Upon receipt of the recommendations of the fiscal committee and the university senate, the president will notify the university community and the university senate of the administration's analysis and proposed response to the financial situation, allowing an opportunity to respond to questions and to solicit advice and opinions.
  5. In the event that the recommendations of the university senate and the president differ substantially on recommending determination of financial exigency to the board of trustees, recommendations of both shall be forwarded to the board, which has final responsibility for the determination of financial exigency. No further establishment of financial exigency will be required for one year at which time the full procedures must be invoked again.

(C)  Review of administration proposals for alleviating financial exigency.

  1. Upon determination of a state of financial exigency and upon receipt from the executive vice president and provost of proposals, prepared in consultation with the college faculties, for curtailment of academic programs to alleviate financial exigency, the council on academic affairs shall review the proposals.
  2. For the purpose of this review, the council is to be an advisory committee to the president and is to report the results of its review both to the president and to the university senate.
  3. For this review, the council shall be chaired by a tenured faculty member of the council. If neither the chair nor the vice chair of the council is a tenured faculty member of the council, then a tenured faculty member of the council shall be elected to act as chair of the council for the review of these proposals and for the submission of results to the president and to the university senate.
  4. In the conduct of its review, the council is authorized to:
    1. Obtain explanations of the proposals or provisions thereof;
    2. Request or initiate changes in the proposals and seek concurrence of appropriate administrators. In the event of non-concurrence, the council will note any points of disagreement.
  5. All proposals are to be reviewed both individually and as a coordinated set.
  6. In the review, the council shall:
    1. Consider alternatives to those proposals which would result in involuntary termination of tenured faculty members or tenure track faculty members in the probationary period;
    2. Determine that the proposals are consistent with established educational and academic policies of the university;
    3. Determine that there has been appropriate consultation with administrators, faculty, and students in the preparation of the proposals;
    4. Determine the extent to which the proposals affect the affirmative action commitment of the university;
    5. Determine that the proposals consider the effect upon students whose faculty advisers are reassigned or terminated and students whose field of study would be eliminated;
    6. Determine that the reassignment, economic incentive, and retraining provisions under rule 3335-5-02.2 of the Administrative Code have been considered;
    7. Determine that the proposals take into account the quality of relevant programs.
  7. The council shall conduct a hearing or hearings at which appropriate administrators, faculty members, and students are invited to testify.
  8. Within sixty days of the receipt of the proposals or such time as the president may designate, the council shall submit its report to the president and the university senate.

(D)  Ending a state of financial exigency. A state of financial exigency ends one year after determination, unless ended sooner by the board of trustees.

(Board approval dates: 10/1/1982, 5/1/1986, 11/2/1990, 5/3/1996, 6/6/1997, 12/4/1998, 5/13/1999, 6/7/2013)

 

3335-5-02.2  Treatment of tenured faculty members during financial exigency.

(A)  Definitions and construction.

  1. Academic program or program means:
    1. A college, school, department, division, or instructional unit headed by an academic administrator;
    2. A research or service unit, (which may or may not educate students) headed by an academic administrator;
    3. A coherent set of courses, or program of study, which leads to an academic degree; or
    4. A coherent set of courses, or program of study, which does not lead to an academic degree but which serves to educate or train students (e.g., a professional certification program or a remedial program).
  2. Curtailed means reduced or eliminated, while preserved means not eliminated.
  3. Tenured faculty member means a tenured member of the tenure-track faculty.
  4. Tenure initiating unit (TIU) means the specific academic unit responsible for making the initial recommendation on a tenure-track faculty member's tenure status as recorded on the university tenure audit list available at the office of academic affairs. For purposes of this definition, the university tenure audit list of March 12, 1982, shall be retained, except as subsequently modified in accord with paragraph (C) of rule 3335-5-14 of the Administrative Code.

(B)  Involuntary termination of tenured faculty.

  1. Hiring of faculty during financial exigency. The university shall not appoint new faculty while terminating tenured faculty appointments because of financial exigency unless a serious distortion in academic programs would otherwise result.
  2. Preservation of tenure initiating unit. A tenured faculty member whose TIU is preserved shall not be involuntarily terminated because of the curtailment of academic programs to which the faculty member is assigned.
  3. Administrative restructuring of tenure initiating unit. A tenured faculty member whose TIU is restructured by an administrative reorganization (e.g., by consolidation or merger with other TIU's, or by dispersal into several TIU's) shall not be involuntarily terminated for that reason. The faculty member shall be transferred to the appropriate reorganized TIU in accordance with the provisions of paragraph (C)(4) of this rule. 
  4. Reinstitution of tenure initiating unit. If an eliminated TIU is substantively reinstituted or established within a remaining TIU within three years, the university shall offer to reappoint all terminated tenured faculty members at their previous ranks. 
  5. Elimination of tenure initiating unit. A tenured faculty member whose TIU is scheduled for elimination shall not be involuntarily terminated for that reason until the reassignment provision of paragraph (C) of this rule and the economic incentives of paragraph (D) of this rule have been offered to all eligible faculty members in the TIU.
  6. Notice of termination. A termination of appointment because of the elimination of a tenure initiating unit shall become effective no sooner than June thirty of the first full academic year following the academic year in which the appointment is terminated.
  7. Eligibility for termination compensation. A tenured faculty member who has been involuntarily terminated because of the elimination of his or her tenure initiating unit shall be entitled to accrued benefits and such compensation as authorized by the board of trustees.

(C)  Reassignment of tenured faculty members. 

  1. Change of tenure initiating unit. If a tenured faculty member's TIU is scheduled for elimination, then the university shall offer to transfer the faculty member to any suitable authorized position in the remaining TIU's provided that a simple majority of all tenured faculty in a TIU are willing to accept the faculty member. The evaluation of the professional qualifications of the faculty member shall be made by the faculty in the new TIU, based on considerations of the faculty member's potential contributions to the needs of the program according to the prevailing standards of the new TIU. 
  2. Reassignment to new position. A tenured faculty member whose tenure initiating unit is scheduled for elimination shall not be reassigned to another position unless that reassignment includes a change of TIU and retention of tenure. This requirement shall not preclude the possibility of employing in a non-faculty position a faculty member who has lost tenure because of resignation or involuntary termination. A faculty member shall not be obligated to accept an offer of reassignment. 
  3. Eligibility for economic incentives. A tenured faculty member who accepts an offer of reassignment according to the provisions of paragraphs (C)(1) and (C)(2) of this rule and who voluntarily resigns from the reassigned position within six months, shall be entitled to any of the economic provisions of paragraph (D) of this rule that were applicable at the time of reassignment. 
  4. Rate of compensation. Reassignment of a tenured faculty member to a different tenure initiating unit shall not be at a reduced rate of compensation. If reassignment necessitates a change of compensation base (e.g., conversion between nine-month and eleven-month appointments) then the change shall be calculated according to standard university accounting procedures. 
  5. Displacement of other employees. A tenured faculty member who is reassigned to a new tenure initiating unit shall not displace an incumbent in an existing position (e.g., a tenured faculty member in a program which is curtailed shall not be assigned to a position in another TIU held by an untenured faculty member, or to a position held by an administrative and professional employee). 
  6. Retraining of faculty. Where reassignment of a tenured faculty member according to the provisions of paragraphs (B)(1), (C)(1), or (C)(2) of this rule would be facilitated by or contingent upon a period of retraining, the faculty member shall be eligible for a reassignment training leave.

(D)  Economic incentives and retraining programs. 

  1. Early retirement program. The university shall invoke the provisions of the Ohio state university early retirement program to facilitate the voluntary reduction of tenured faculty members in a curtailed academic program.
  2. Reassignment training leave program. The university shall invoke the provisions of a reassignment training leave program to facilitate reassignment of tenured faculty members to other programs or tenure initiating units.
  3. Other programs. The university shall invoke any other feasible methods to reduce by voluntary means the number of tenured faculty members in a curtailed academic program. Such methods could include a voluntary resignation program (e.g., a "buy-out" plan), among other possibilities.

(Board approval dates: 10/1/1982, 4/3/1996, 6/6/2014)

 

3335-5-02.3  Appeal procedures for tenured faculty because of termination of appointments during financial exigency.

(A)  Scope and construction.

  1. A tenured faculty member who has received a notice of termination because of financial exigency shall have the right to a hearing before a faculty hearing panel.
  2. The responsibility for presenting the formal appeal and for responding to the hearing panel's requirements at all stages rests with the faculty member bringing the complaint ("the complainant").
  3. The determination of financial exigency or the decision to eliminate a tenure initiating unit shall not constitute grounds for an appeal.
  4. An appeal may be made only on the basis of a complaint over the interpretation or implementation of paragraphs (B) to (D) of rule 3335-5-02.2 of the Administrative Code. In considering complaints over implementation of the aforementioned rules, the hearing panel shall consider only whether those individuals making the decisions followed the appropriate procedures and considered the important evidence material to a fair determination.

(B)  The faculty hearing committee.

  1. Written notice of intention to appeal shall be given by the complainant within thirty days of the receipt of a termination notice. An additional thirty days will be allowed for the complainant to submit the formal appeal. The notice of intention to appeal and the formal appeal will be submitted to the executive vice president and provost and to the chair of the faculty hearing committee.
  2. In response to each notice of intention to appeal, the faculty hearing committee shall select a hearing panel of tenured faculty members according to the provisions of rule 3335-5-48.10 of the Administrative Code. The hearing panel shall begin its review of the case not earlier than thirty days and no later than sixty days from receipt of the notice of intention to appeal, except by mutual consent of the complainant and the chair of the faculty hearing committee.
  3. The hearing panel shall conduct an investigatory proceeding in accordance with the following provisions:
    1. The proceeding shall not be adversarial in nature. The proceeding shall be an investigation leading to a report on whether or not those individuals making the decision followed the appropriate procedures and considered the important evidence material to a fair determination.
    2. The complainant shall have the right to be present at any hearing before the panel where testimony is taken concerning the complainant's case and to bring an adviser. No formal transcript of the hearing need be made unless requested by the complainant.
    3. The complainant shall state the case in writing and shall have the opportunity to present the case in person to the hearing panel and to offer any evidence in support of the claim.
    4. The person or persons responsible for the decision may be called upon by the hearing panel to demonstrate that the important and material evidence was considered.
  4. At the conclusion of the hearing, the hearing panel shall either dismiss the complaint or support the complaint. In either case, the panel shall record its findings in writing, providing specific responses to each charge made by the complainant, summarizing the evidence and rationale which led the panel to its decision. These findings shall be reported to the administrative officer of the tenure initiating unit, to the dean of the college in which the complainant is a member, to the executive vice president and provost, and to the complainant.
  5. The hearing panel shall recommend to the executive vice president and provost and to the president either that the complaint be dismissed or that corrective action be taken.
  6. Within thirty days of the receipt of the panel's decision, the executive vice president and provost shall respond in writing to the hearing panel and to the complainant stating what action has been recommended and the reasons therefor.
  7. All written documents and recorded testimony obtained by the hearing panel shall be made available to the complainant upon request.

(C)  The president.

  1. After receipt of the hearing panel's recommendations under paragraph (B)(5) of this rule, and the executive vice president and provost's recommendations under paragraph (B)(6) of this rule, the president shall review the matter and take whatever action is deemed appropriate.
  2. All decisions of the president under this procedure shall be provided in writing to the hearing panel, the executive vice president and provost, and the complainant.

(Board approval dates: 10/1/1982, 6/7/1984, 5/1/1986, 11/2/1990, 5/3/1996, 4/4/1997, 12/4/1998)

 

3335-5-03  Appointment of faculty and staff; tenure.

(A)  The board of trustees shall appoint the president and all employees of the university not in the classified civil service, subject to the laws of the state of Ohio, and in the case of tenure-track faculty, to the rights and protection of tenure as provided for in these rules.

(B)  Tenure is a commitment by the university and may be earned by all individuals with tenure-track faculty status subject to successful completion of a probationary period. Tenure-track faculty status is defined in rule 3335-5-19 of the Administrative Code.

(C)  The protections of tenure and academic freedom extend to all levels of faculty responsibility within the university in accordance with rule 3335-5-01 of the Administrative Code and are not restricted to activities identified with specific instructional, research or public service programs.

(D)  Tenure is lost only by formal resignation, by voluntary reduction of appointment below fifty per cent of service to the university except in the case of an approved leave of absence, by retirement, by transfer to clinical/teaching/practice, research, or associated faculty status, or may be terminated by reason of proved incompetence or grave misconduct in accordance with rule 3335-5-04 of the Administrative Code, for causes set forth in rule 3335-5-02 of the Administrative Code, or under the conditions of bona fide financial exigency, as specified in rule 3335-5-02.1 of the Administrative Code.

(E)  Tenured members of the faculty who serve the university as administrators do not lose tenure by virtue of being administrators.

(Board approval dates: 8/1/1997, 6/7/2005, 6/6/2014, 5/31/2019)

 

3335-5-04  Procedures for complaints of misconduct made against faculty members.

  1.  This rule shall apply to all formal complaints of misconduct against faculty members as defined in rule 3335-5-19 (A) and (B). Complaints may be filed under this rule against any individual with a faculty appointment, including administrators who hold such appointments.
    1. Complaints about the performance of administrators in their administrative capacity must be brought pursuant to applicable rules or policies for those administrative positions; all complaints against administrators who hold faculty appointments relating to the violation of applicable law, university policies or rules, or unit governance documents (other than those related to the performance of the administrator’s duties) must be brought under this rule.
  2. Complaints shall proceed under the general procedures set forth in this rule and the specific procedures set forth in the following four subsections based on the nature of the allegations.
    1. Complaints involving allegations of failure to meet faculty obligations shall proceed under rule 3335-5-04.1. A faculty member may be disciplined under this rule and may be terminated if the conduct constitutes serious failure to meet faculty obligations for violations established under rule 3335-5-04.1(A).
    2. Complaints involving allegations of research misconduct shall proceed under rule 3335-5-04.2. A faculty member may be disciplined up to and including termination for violations established under this rule.
    3. Complaints involving allegations of sexual misconduct, workplace violence, whistleblower retaliation, discrimination, harassment, and retaliation based on protected status shall proceed under rule 3335-5-04.3. A faculty member may be disciplined up to and including termination for violations established under this rule.
    4. Complaints involving allegations of violations of applicable law, university policies or rules, or unit governance documents shall proceed under rule 3335-5- 04.4, unless they fall under rule 3335-5-04.2 or 3335-5-04.3. A faculty member may be disciplined under this rule, and may be terminated if the conduct constitutes grave misconduct or non-trivial financial fraud for violations established under rule 3335-5-04.4(A)(1)–(2).
  3. Conflicts:
    1. No administrator may act in their administrative capacity in the consideration of any complaint naming them as respondent. If a complaint names a department chair, school director, or a dean as respondent, the executive vice president and provost (hereinafter “provost”) shall appoint an equivalent rank administrator from another department or college to perform the responsibilities of the named official under this rule. If a complaint names the provost as respondent, the president shall appoint an individual to perform the responsibilities of the provost. If a complaint names the president as respondent, the Board of Trustees shall appoint an individual to perform the responsibilities of the president.
    2. If any individual with responsibilities under this rule has a conflict of interest with a complainant or respondent, such that the individual stands to benefit personally or incur personal harm depending on the outcome, or otherwise has a relationship with the faculty member against whom the complaint is made (hereafter “respondent”) that creates a bias, or otherwise could not fairly and impartially perform those responsibilities, the individual shall not participate in this process, and a replacement shall be named in accordance with Section (C)(1) of this rule. In the event that a member of an investigation or sanctioning committee has such a conflict, that individual shall be replaced in accordance with the applicable procedures for that committee.
  4. If the provost determines that a faculty member’s presence on campus is detrimental to the safety and well-being of the university community or university property, the provost may reassign the faculty member off campus with pay pending completion of the process set forth in this rule.
  5. At each step of the process, individuals with responsibilities under this rule may use informal dispute resolution to resolve the complaint to their satisfaction as well as that of the complainant and the respondent in accordance with applicable policy. The appropriateness of an informal resolution in any case will depend on the circumstances of each particular case. All such resolutions must be reported to the Office of Academic Affairs for review and approval before being finalized. In addition, reports must be made to the Office of Research (for proceedings under Faculty Rule 3335-5-04.2), or the Office of Institutional Equity or Office of Human Resources (for proceedings under Faculty Rule 3335-5-04.3) as may be applicable.
  6. Complainants and respondents may expressly or implicitly relinquish their rights to participate in any step of this process, including but not limited to by failing to respond to reasonable attempts to schedule required meetings, or by failing to appear for scheduled sessions. If a complainant or respondent relinquishes their rights of participation at any step, that relinquishment does not prevent that individual from exercising any rights that may be applicable at any other step of the process. To the extent not specified in this rule, complainants and respondents shall be entitled to all rights required by state and federal law that are applicable to these proceedings.
  7. All records of proceedings under this rule shall be maintained by the Office of Academic Affairs. Such records shall be afforded the same privacy and confidentiality afforded to comparable records of other university employees, subject to public records laws and other disclosures within and external to the university in accordance with applicable law and the need to know such information to support university operations.
  8. The term “day” as used in this rule means “calendar day.” If the last day of a designated time period falls on a weekend or a day on which the university is closed, the time period shall expire at the close of business on the next succeeding business day.
  9. Complainants and respondents shall be given written notice of decisions required by this rule. Any notice shall be sent by certified mail and by email. The time period for any action to be taken after delivery of the notice shall begin to run on the date on which the notice is mailed.
  10. At each step of the process set forth in this rule, a respondent may be accompanied by one support person of their choosing (including but not limited to personal legal counsel). Except as otherwise provided in rules 3335-5-04.1 through 3335-5-04.4,though, such individual shall only be entitled to appear with the respondent and shall not be entitled to participate in or delay the process in any way.
  11. The timelines set forth in this rule and in rules 3335-5-04.1 through 3335-5-04.4 are mandatory. However, the provost or designee may grant defined extensions of any time period on an as-needed basis upon written request.

(Board approval dates: 4/4/1997, 12/4/1998, 2/4/2000, 6/7/2005, 7/8/2005, 9/9/2013, 6/5/2015, 8/6/2020, 2/25/2021)

3335-5-04.1 Procedures for complaints of failure to meet academic responsibilities.

  1. This rule applies to complaints made against faculty members involving their failure to meet academic responsibilities as defined in rule 3335-5-01(C). A faculty member may be disciplined for violations established under this rule, and may be disciplined up to and including termination for serious failure to meet faculty obligations. For the purposes of this rule “serious failure to meet faculty obligations” is defined as conduct that reflects gross indifference or consistent failure to satisfactorily perform the faculty obligations set forth in rule 3335-5-01(C).
  2. Initial proceedings.
    1.  A complaint may be filed by any student or university employee, including employees from administrative offices who are filing complaints arising out of investigations by those offices. Complaints may be filed with a chair, dean, associate dean, provost, vice provost for academic policy and faculty resources (hereinafter “vice provost”), or the president. All complaints must be referred to the vice provost for initial review in accordance with this rule.
    2. The complaint shall be set forth in writing and shall state facts to support an allegation that a faculty member has failed to meet their academic responsibilities.​​​​​​​
      1. The vice provost shall review every complaint to determine whether the complaint presents an actionable violation and that the complaint is not clearly retaliatory or abusive in nature. If the vice provost is named as a respondent, the provost shall identify a designee. If the vice provost determines that a complaint either does not allege a violation that can be addressed under this rule or was filed for clearly retaliatory or abusive purposes, the vice provost must consult with the complainant within seven days of filing to clarify the nature of the complaint. The vice provost may dismiss such a complaint within seven days of consulting with the complainant if it cannot be addressed under this rule or is clearly retaliatory or abusive in nature. This determination does not prohibit referral of a complaint filed under this rule to another applicable university process.
        1. ​​​​​​​The complainant may appeal this dismissal in writing to the provost within seven days of this decision. Upon receiving such an appeal, the provost may either reinstate the complaint or dismiss it, and that decision is final. The provost must issue a decision within fourteen days of receiving such an appeal.
      2. If the vice provost determines that the complaint should proceed or if the complaint is reinstated by the provost, the vice provost shall furnish a copy of the complaint to the respondent and shall refer it to the respondent’s department chair for a probable cause review in accordance with section (C) of this rule.​​​​​​​
        1. If the faculty member’s department chair is the complainant or respondent, the complaint shall be referred to the faculty member’s dean for the initial probable cause review.
        2. For the purposes of this provision, the term “department chair” includes school directors, deans of colleges without departments, and regional campus deans and directors.
    3. ​​​​​​​​​​​​​​Only allegations stated in the complaint shall be considered at the various stages of deliberation. However, additional facts relevant to the allegations set forth in the complaint may be presented throughout the process.
  3. ​​​​​​​Probable cause review.​​​​​​​
    1. The department chair shall review the allegations in the complaint and discuss the matter with the complainant and the respondent to determine whether there is probable cause to believe that the allegations are true.
    2. If the department chair determines that there is not probable cause to believe that the allegations are true, the chair shall dismiss the complaint.
      1. ​​​​​​​If the complaint is dismissed, the complainant may appeal the dismissal to the dean. The appeal must be in writing and filed with the dean within twenty-one days after the notice of the chair’s decision was mailed. Upon receiving such an appeal, the dean may either reinstate the complaint and refer it to the college investigation and sanctioning committee or dismiss it, and such a dismissal is final. The dean must issue a decision within thirty days after receiving such an appeal.​​​​​​​
    3. If the department chair determines that there is probable cause to believe that the allegations are true, the department chair shall refer the matter to the college investigation and sanctioning committee unless the department chair completes an informal resolution in accordance with rule 3335-5-04(E).​​​
    4. The department chair shall complete this process within fourteen days. 
  4. ​​​​​​​College investigation and sanctioning committee.​​​​​​​
    1. Each college shall appoint a college investigation and sanctioning committee, which shall fulfill the responsibilities set forth in this section. The committee shall be all tenured faculty or a majority of tenured faculty if including clinical/teaching/practice faculty who are non-probationary associate professors or professors. A college may include faculty members from other colleges on its committee.
    2. Upon receipt of a referral of a complaint from the department chair, the committee shall meet with the complainant and the respondent and shall review any documentary evidence provided by these parties. The respondent shall be given copies of any documentary evidence provided to the committee as part of the investigation and be given an opportunity to respond to all such documentation. The committee shall have the authority to gather information relevant to the complaint, including by interviewing individuals other than the complainant and respondent as the committee sees fit or as recommended by the complainant or respondent. The committee shall strive to maintain confidentiality in the proceedings.
    3. At the conclusion of the investigation, the committee shall prepare a preliminary report that identifies the proposed findings of fact, a conclusion as to whether a violation occurred under the clear and convincing evidence standard, and if so whether the conduct rose to the level of serious failure to meet faculty obligations as defined in rule 3335-5-04.1(A). The committee shall provide that document to both the complainant and respondent for review. Each party shall have seven days to respond and to identify any alleged errors or omissions in the findings.
    4. Following review of any comments by the parties, the committee shall thereafter make any modifications to the report that it deems appropriate and issue a final report. If the committee concludes that a violation occurred, the committee shall include its proposed sanction in the final report.
    5. In evaluating sanctions, the committee shall consider the totality of the circumstances, including aggravating and mitigating factors.
      1. ​​​​​​​Aggravating factors may include, but are not limited to:
        1. the significance and impact of the faculty member’s failure to meet academic responsibilities if serious failure is found;
        2. the strength of the evidence presented;
        3. whether the respondent has previously been found to have engaged in misconduct;
        4. whether the respondent’s conduct caused injury or harm to another individual, university property, or the university’s reputation; and
        5. whether the respondent had received prior warnings about engaging in the conduct at issue.​​​​​
      2. Mitigating factors may include, but are not limited to:​​​​​​​
        1. the conduct at issue did not cause injury or harm to another individual, university property, or the university’s reputation; and
        2. the respondent accepted responsibility for the misconduct.
    6. The committee shall have the authority to recommend sanctions as it sees fit as long as the sanctions are commensurate with the nature of the complaint and the committee’s analysis of any aggravating and mitigating factors. Sanctions may be of a discrete or continuing nature, but sanctions of a continuing nature must specify the period of time in which they are applicable. Sanctions may include, but are not limited to the following, and may further include a combination of sanctions:
      1. ​​​​​​​verbal reprimand;
      2. Written reprimand;
      3. Mandatory counseling or other rehabilitation;
      4. Restrictions on duties or privileges;
      5. Restriction of access to university property or services;
      6. Reduction of salary base;
      7. Reduction of twelve-month appointment to nine-month appointment;
      8. Reduction of full-time equivalent (FTE) appointment;
      9. Reduction of rank;
      10. Revocation of tenure;
      11. Termination of employment due to serious failure to meet faculty obligations.
    7. ​​​​​​​The committee shall complete its investigation and submit its report to the respondent’s dean within forty-five days.
  5. ​​​​​​​Decision by the dean.​​​​​​​
    1. After reviewing the report and recommendation of the college investigation and sanctioning committee, the dean may:
      1. Dismiss the complaint if the committee did not find a violation;
      2. Impose the committee’s proposed sanction;
      3. Impose what would reasonably be interpreted as an equivalent or lesser sanction; or
      4. Increase the sanction if the committee determined that the respondent engaged in a serious failure to meet faculty obligations.
    2. ​​​​​​​The dean shall make a decision in twenty-one days. The final report of the college investigation and sanctioning committee and the dean’s decision shall be sent to the complainant and the respondent.
    3. Appeals:
      1. The dean’s decision shall be final in all cases in which the sanction imposed is a verbal reprimand, a written reprimand, or mandatory counseling or training, but a respondent may place a response to this sanction in their primary personnel file.
      2. If the dean imposes any other sanction except for revocation of tenure or termination of employment, the respondent shall have the right to appeal in writing to the provost.
      3. If the dean imposes a sanction that revokes tenure or terminates employment, the matter shall be automatically appealed to the provost.​​​​​​​
      4. In all appeals, whether discretionary or automatic, the respondent may identify their position on the case in writing to the provost. All such submissions and all discretionary appeals must be filed within fourteen days after notice of the dean’s decision was mailed.
  6. ​​​​​​​​​​​​​​Review of appeals by the provost.​​​​​​​
    1. After reviewing the record of a case appealed by a respondent or referred by the dean, the provost may:
      1. ​​​​​​​Affirm the dean’s sanction;​​​
      2. Impose what would reasonably be interpreted as an equivalent or lesser sanction to the dean’s sanction;
      3. Increase the sanction; or
      4. In the event that the provost determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the provost shall return the case back to a previous step of the process for further proceedings as appropriate.
    2. The provost shall make a decision within fourteen days of receiving materials from the dean and respondent as applicable.
    3. ​​​​​​​If the provost affirms the dean’s decision to terminate employment, or imposes or upholds a sanction set forth in section (D)(6)(vii) through (xi) of this rule, the respondent may appeal to the faculty hearing committee. In all other cases, the provost’s decision shall be final.
    4. An appeal by the respondent must be in writing and must be filed with the faculty hearing committee within fourteen days after notice of the provost’s decision was  mailed.​​​​​
  7. The faculty hearing committee.​​​​​​​
    1. Within fourteen days of receipt of an appeal from a respondent, the faculty hearing committee established by rule 3335-5-48.10 shall convene a hearing panel to consider the appeal and to provide a recommendation to the president regarding the appropriate action. The respondent and the provost or designee may each make one peremptory challenge to the seating of one person on the hearing panel and one peremptory challenge to the selection of a presiding officer.
    2. The parties to this hearing shall be the respondent and the provost, or designee.
    3. The hearing panel may restrict the attendance of persons at the proceedings. However, the respondent and the provost shall have the right to have one observer of their choosing present at all times.
    4. The provost, or designee, shall present the case to the hearing panel. In presenting the case, the provost may be advised and represented by the general counsel, or designee. The provost shall have the right to present witnesses and evidence and to examine witnesses and evidence presented by the respondent.
    5. Respondents shall have the right to represent themselves or to be represented by legal counsel or any other person of their choice. The respondent shall have the right to examine the witnesses and evidence presented against them in the hearing, to present witnesses and evidence on their own behalf, and to refuse to testify or be questioned in the proceedings without prejudice to their cause.
    6. The hearing panel shall receive testimony and other evidence as it deems relevant and material to the issues appealed, and may decline to receive evidence presented by the provost or the respondent that is not material and relevant to the appeal.
    7. The hearing panel will not be bound by the findings of the college investigation and sanctioning committee or the provost.
    8. An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the Office of Academic Affairs.
    9. At the conclusion of the proceedings, the hearing panel shall make written conclusions with respect to each substantive issue raised, including but not limited to:
      1. appropriateness of the sanction, and, if found to be inappropriate, the faculty hearing committee’s recommended sanction in accordance with the factors set forth in section (D)(5) of this rule.
      2. conflict of interest, procedural error, or substantial new evidence.​​​​​​​
      3. findings of the college investigation committee.
    10. The faculty hearing committee’s report, together with a recording of the proceedings, shall be transmitted to the president, provost, and respondent within sixty days of the date that the final hearing panel is convened.
  8. ​​​​​​​The president.​​​​​​​
    1. Upon receipt of the written recommendation and a record of the proceedings from a hearing panel, the president shall review the matter. The president may:
      1. ​​​​​​​​​​​​​​Impose any sanction less than termination of employment whether or not it accords with the recommendation of the hearing panel;
      2. Recommend to the board of trustees termination of employment for cases of serious failure to meet faculty obligations on such terms and conditions as the president may deem advisable;
      3. Remand the case to the hearing panel for reconsideration; or
      4. In the event that the president determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the president shall return the case back to a previous step as appropriate.
    2. The president’s decision on all sanctions less than termination of employment is final.
    3. Any decision of the president shall be communicated in writing to the hearing panel, the provost, and the respondent.
    4. The president shall make a decision within thirty days.
  9. ​​​​​​​Board of trustees.
    1. The board of trustees, in reviewing and deciding upon a case in which termination of employment has been recommended, has the ultimate authority to take that action necessary to promote the best interest of the university and to protect the rights of the individual. In such cases, the board shall have the discretion to decide whether the respondent has an opportunity to present to it arguments in writing, or in person, or both.

(Board approval dates: 2/25/2021)

3335-5-04.2 Procedures for complaints of research misconduct made against faculty members.

  1. This rule applies to complaints involving research misconduct made against faculty members. A faculty member may be disciplined up to and including termination for violations established under this rule. Research misconduct is defined in rule 3335-13- 08 and the Research Misconduct policy. 
  2. Preliminary assessment and inquiry.​​​​​​​
    1. Complaints alleging research misconduct must be filed with or referred to the Office of Research.
    2. The Office of Research shall ensure that a preliminary assessment is performed in accordance with the Research Misconduct policy to determine whether the complaint alleges research misconduct as defined in the policy and is sufficiently credible and specific so that research misconduct may be identified.
    3. If the preliminary assessment concludes that the allegations in the complaint meet the definition of research misconduct and are sufficiently credible and specific so that potential evidence of research misconduct may be identified, the Office of Research shall proceed to an inquiry review in accordance with the Research Misconduct policy to determine whether the allegations have sufficient substance to warrant an investigation.
    4. If the inquiry concludes that the allegations have sufficient substance and that an investigation is warranted in accordance with the Research Misconduct policy, an investigation shall be initiated as set forth in section (C) of this rule. All other procedural steps, including but not limited to appeals, shall be performed in accordance with the Research Misconduct policy.
    5. In both the preliminary assessment and inquiry steps, complainants and respondents shall be afforded procedural rights, including but not limited to the rights to review documentary evidence, submit evidence, be accompanied by an advisor, review and file a written response to reports, and make appeals, as specifically defined in the Research Misconduct policy.​​​​​​​
  3. Investigation and sanctioning.​​​​​​​
    1. If a complaint is referred for investigation, the Office of Research shall convene an investigation and sanctioning committee consisting of a minimum of three voting members from the Research Integrity Standing Committee in accordance with the Research Misconduct policy.
    2. The committee shall examine all the documentation and conduct formal interviews, when possible, of the respondent, the complainant, and others who may have information relevant to the complaint, but shall strive to maintain the confidentiality of the proceedings.
    3. The respondent shall be given copies of any documentary evidence provided to the committee as part of the investigation and be given an opportunity to respond to all such documentation.
    4. At the conclusion of the investigation, the committee shall prepare a preliminary report in accordance with this rule and the Research Misconduct policy. Findings and conclusions shall be based on the preponderance of the evidence standard. The respondent shall have fourteen days to respond and to identify any alleged errors or omissions in the preliminary report.
    5. In evaluating sanctions, the committee shall consider the totality of the circumstances, including aggravating and mitigating factors.
      1. ​​​​​​​Aggravating factors may include, but are not limited to:
        1. ​​​​​​​the degree to which the respondent’s conduct was flagrant, egregious, or willful;​​​​​​​
        2. the significance and impact of the faculty member’s failure to meet academic responsibilities if relevant;​​​​ 
        3. the strength of the evidence presented;​​​​​
        4. whether the respondent has previously been found to have engaged in misconduct;
        5. ​​​​​whether the respondent’s conduct caused injury or harm to another individual, university property, or the university’s reputation; and
        6. ​​​​​whether the respondent had received prior warnings about engaging in the conduct at issue.
      2. ​​​​​​​​​​​​​​​​​​​​​Mitigating factors may include, but are not limited to:​​​​
        1. he conduct at issue did not cause injury or harm to another individual, university property, or the university’s reputation; and​​​​​​​
        2. the respondent accepted responsibility for the misconduct. 
    6. ​​​​​​​​​​​​​​The committee shall have the authority to recommend sanctions as it sees fit as long as the sanctions are commensurate with the nature of the complaint and the committee’s analysis of any aggravating and mitigating factors. Sanctions may be of a discrete or continuing nature, but sanctions of a continuing nature must specify the period of time in which they are applicable. Sanctions may include, but are not limited to the following, and may include a combination of sanctions:​​​​​​​
      1. Verbal reprimand;
      2. Written reprimand;
      3. Mandatory counseling or other rehabilitation;
      4. Reimbursement for damages to or destruction of university property, or for misuse or misappropriation of university property, services or funds;
      5. Restrictions on duties or privileges;
      6. Restriction of access to university property or services;
      7. Reduction of salary base;
      8. Reduction of twelve-month appointment to nine-month appointment;
      9. Reduction of full-time equivalent (FTE) appointment;
      10. Reduction of rank;
      11. Revocation of tenure;
      12. Termination of employment.
    7. ​​​​​​​After receipt of any comments from the respondent, the committee shall complete its investigation and submit its final report to the Deciding Official set forth in the Research Misconduct policy in accordance with that policy. If the committee concludes that research misconduct occurred, the respondent shall have the right to submit an appeal of that decision to the Deciding Official in accordance with the Research Misconduct policy.​​​​​​​
      1. If a finding of research misconduct is confirmed following review of the report and any appeals by the Deciding Official, the case shall be referred to the respondent’s dean for further proceedings under section (D) of this rule. If no finding of research misconduct is made following such review, the case shall be dismissed.
  4. ​​​​​​​​​​​​​​Decision by the dean
    1. After reviewing the report and recommendation of the investigation and sanctioning committee, the dean may:
      1. Uphold the committee’s proposed sanction;
      2. Impose what would reasonably be interpreted as an equivalent or lesser sanction; or
      3. Increase the sanction.
    2. The dean shall make a decision in twenty-one days. The final report of the investigation and sanctioning committee and the dean’s decision shall be sent to the complainant, if any identified, and the respondent.
    3. Appeals:
      1. The dean’s decision shall be final in all cases in which the sanction imposed is a verbal reprimand, a written reprimand, or mandatory counseling or training.
      2. If the dean imposes any other sanction except for revocation of tenure or termination of employment, the respondent shall have the right to appeal in writing to the provost for review.
      3. If the dean imposes a sanction that revokes tenure or terminates employment, the matter shall be automatically appealed to the provost.
      4. In all appeals, whether discretionary or automatic, the respondent may identify their position on the case in writing to the provost. All such submissions and all discretionary appeals must be filed within fourteen days after notice of the dean’s decision was mailed.
  5. ​​​​​​​​​​​​​​Review of appeals by the provost.
    1. After reviewing the record of a case appealed by a respondent or referred by the dean, the provost may:
      1. Affirm the dean’s sanction;
      2. Impose what would reasonably be interpreted as an equivalent or lesser sanction to the dean’s sanction;
      3. Increase the sanction; or
      4. In the event that the provost determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the provost shall return the case back to a previous step of the process for further proceedings as appropriate.​​​​​​​
    2. The provost shall make a decision within fourteen days of receiving materials from the dean and respondent as applicable.
    3. If the provost affirms the dean’s decision to terminate employment, or imposes or upholds a sanction set forth in section (C)(6)(vii) through (xii) of this rule, the respondent may appeal to the faculty hearing committee. In all other cases, the provost’s decision shall be final.
    4. An appeal by the respondent must be in writing and must be filed with the faculty hearing committee within fourteen days after notice of the provost’s decision was mailed. Appeals to the faculty hearing committee shall be limited to one or more of the following grounds:​​​​​​​​​​​​​​
      1. the sanction is disproportionate to the violations committed in view of the aggravating and mitigating factors;
      2. substantial new evidence has been discovered (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct); or
      3. there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent. 
  6. ​​​​​​​​​​​​​​The faculty hearing committee.
    1. Within fourteen days of receipt of an appeal from a respondent the faculty hearing committee established by rule 3335-5-48.10 shall convene a hearing panel to consider the complaint and to provide a recommendation to the president regarding the appropriate action to be imposed. The respondent and the provost or designee may each make one peremptory challenge to the seating of one person on the hearing panel and one peremptory challenge to the selection of a presiding officer.
    2. The parties to this hearing shall be the respondent and the provost, or designee.
    3. The hearing panel may restrict the attendance of persons at the proceedings. However, the respondent and the provost shall have the right to have one observer of their choosing present at all times.
    4. The provost, or designee, shall present the case to the hearing panel. In presenting the case, the provost may be advised and represented by the general counsel, or designee. The provost shall have the right to present witnesses and evidence and to examine witnesses and evidence presented by the respondent. 
    5. Respondents shall have the right to represent themselves or to be represented by legal counsel or any other person of their choice. The respondent shall have the right to examine the witnesses and evidence presented against them in the hearing, to present witnesses and evidence on their own behalf, and to refuse to testify or be questioned in the proceedings without prejudice to their cause.
    6. The hearing panel shall receive testimony and other evidence as it deems relevant and material to the issues appealed, and may decline to receive evidence presented by the provost or the respondent that is not material and relevant to the appeal. 
    7. An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the Office of Academic Affairs.
    8. At the conclusion of the proceedings, the hearing panel shall make separate written conclusions with respect to each substantive issue raised at the hearing.
      1. If the respondent challenges the appropriateness of the sanction, the faculty hearing committee shall set forth what their recommended sanction is in accordance with the factors set forth in section (C)(5) of this rule.
      2. If the respondent alleges conflict of interest, procedural error, or substantial new evidence, the faculty hearing committee shall set forth what their conclusions are and whether they believe that further proceedings are appropriate.
    9. The faculty hearing committee’s report, together with a recording of the proceedings, shall be transmitted to the president, provost, and respondent within sixty days of the date that the final hearing panel is convened. ​​​​​
  7. The president.
    1. Upon receipt of the written recommendation and a record of the proceedings from a hearing panel, the president shall review the matter. The president may:
      1. Impose any sanction less than termination of employment whether or not it accords with the recommendation of the hearing panel;​​​​​​​
      2. Recommend to the board of trustees termination of employment on such terms and conditions as the president may deem advisable;
      3. Remand the case to the hearing panel for reconsideration; or
      4. In the event that the president determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the president shall return the case back to a previous step of the process for further proceedings as appropriate.​​​​​​​
    2. The president’s decision on all sanctions less than termination of employment is final.
    3. Any decision of the president shall be communicated in writing to the hearing panel, the provost, and the respondent.
    4. The president shall make a decision within thirty days.
  8. ​​​​​​​Board of trustees.​​​​​​​
    1. The board of trustees, in reviewing and deciding upon a case in which termination of employment has been recommended, has the ultimate authority to take that action necessary to promote the best interest of the university and to protect the rights of the individual. In such cases, the board shall have the discretion to decide whether the respondent has an opportunity to present to it arguments in writing, or in person, or both.

(Board approval dates: 2/25/2021)

3335-5-04.3 Procedures for complaints of sexual misconduct, workplace violence, whistleblower retaliation, and protected class discrimination, harassment, and retaliation made against faculty members.

  1. This rule applies to complaints made against faculty members involving sexual misconduct, workplace violence, whistleblower retaliation, and protected class discrimination, harassment, and retaliation as defined in applicable university policies. A faculty member may be disciplined up to and including termination for violations established under this rule.
  2. Initial proceedings.​​​​​​​
    1. Complaints of sexual misconduct and protected class discrimination, harassment, and retaliation must be filed with or referred to the Office of Institutional Equity, and complaints of workplace violence and whistleblower retaliation separate from protected class or sexual misconduct must be filed with or referred to the Office of Human Resources.
    2. The applicable office shall perform a preliminary assessment to determine whether the complaint warrants further investigation, whether an informal resolution would be appropriate, whether the matter should be referred to a different university office or process, or whether the matter should be closed and not proceed further in the process.
    3. If the applicable office determines that further investigation is warranted and that an informal resolution is not appropriate at that stage in the process, it shall notify the complainant and respondent of its decision to pursue an investigation and shall assign an investigator to investigate the complaint
  3. ​​​​​​​Investigation determinations.​​​​​​​
    1. Complaints of sexual misconduct pursuant to Title IX of the Education Amendments Act of 1972 and implementing regulations shall be investigated pursuant to the procedures set forth in the university Sexual Misconduct policy. All findings of misconduct shall be referred to the university sanctioning committee for a recommendation for sanctions only in accordance with Section D of this rule.
    2. For all other complaints subject to this rule:​​​​​​​
      1. The investigator shall perform the investigation in accordance with applicable university policy and shall meet with both the complainant and respondent and review any documentary evidence provided by these parties. The investigator shall have the authority to gather information relevant to the complaint, including through interviewing individuals other than the complainant and respondent as the investigator sees fit or as recommended by the complainant and respondent, but shall otherwise strive to maintain confidentiality in the proceedings.
      2. The parties shall receive all of the rights set forth in the applicable policy, and shall further have the right to receive the policies, standards, and procedures applicable to the investigation.
      3. The parties shall be given the ability to review copies of any documentary evidence that is provided to the investigator as part of the investigation and is relevant to the substance of the complaint. Parties shall have the ability to respond to all such documents during the investigation, and the ability to suggest witnesses who may be contacted as part of the investigation within the investigator’s discretion.
      4. When fact gathering is complete, the investigator shall prepare a written investigative summary (preliminary report) that identifies the relevant and material facts in the case. The investigator shall provide that document to both the complainant and respondent for review. Each party shall have fourteen days to respond and to identify any alleged errors or omissions in the investigative summary.
      5. Following review of any comments by the parties, the investigator shall thereafter make any modifications to the report that the investigator deems appropriate and issue a final report that will include the summary of the facts gathered, analysis of the allegations, and findings as to whether the applicable policy was violated under the preponderance of the evidence standard. If a violation is found, this report shall be provided to the university sanctioning committee to determine the appropriate sanction. If no violation is found, the complaint shall be dismissed.​​​​​​​
  4. The university sanctioning committee.​​​​​​​
    1. The university sanctioning committee is responsible for determining what sanction to recommend for a policy violation.​​​​​​​
      1. The university sanctioning committee shall consist of fifteen tenured members of the faculty selected by the executive committee of faculty council from at least eight different Colleges and regional campuses. Each member of the university sanctioning committee must receive required training before serving on the panel. Each selected person shall serve a three-year term followed by a one-year term as an alternate member. A chair shall be elected from the membership in the spring for a one-year term, starting during the subsequent summer session.
      2. The chair shall select three members of the committee to sit on each sanctioning panel. Panelists may not be drawn from the complainant’s or respondent’s tenure initiating unit, as may be applicable. Alternates may be assigned to university sanctioning panels at the chair’s discretion.​​​​​​​
    2. Upon receipt of the investigation report, the committee shall meet with the investigator to discuss the investigation and findings, and may request clarification on any aspect of the investigation process. The committee shall also offer both the complainant and the respondent the opportunity to meet with the committee to present their views as to an appropriate sanction.
    3. In evaluating sanctions, the investigation and sanctioning committee shall consider the totality of the circumstances, including aggravating and mitigating factors.​​​​​​​
      1. Aggravating factors may include, but are not limited to:​​​​​​​
        1. the degree to which the respondent’s conduct was flagrant, egregious, or willful;
        2. the strength of the evidence presented;
        3. whether the respondent has previously been found to have engaged in misconduct;
        4. whether the respondent’s conduct caused injury or harm to another individual, university property, or the university’s reputation; and
        5. whether the respondent had received prior warnings about engaging in the conduct at issue.​​​​​​​
      2. Mitigating factors may include, but are not limited to:​​​​​​​
        1. the conduct at issue did not cause injury or harm to another individual, university property, or the university’s reputation; and
        2. the respondent accepted responsibility for the misconduct.​​​​​​​
    4. The committee shall have the authority to recommend sanctions as it sees fit as long as the sanctions are commensurate with the nature of the complaint and the committee’s analysis of any aggravating and mitigating factors. Sanctions may be of a discrete or continuing nature, but sanctions of a continuing nature must specify the period of time in which they are applicable. Sanctions may include, but are not limited to the following, and may further include a combination of sanctions:
      1. Verbal reprimand;
      2. Written reprimand;
      3. Mandatory counseling or other rehabilitation;
      4. Reimbursement for damages to or destruction of university property, or for misuse or misappropriation of university property, services or funds
      5. Restrictions on duties or privileges;
      6. Restriction of access to university property or services;
      7. Reduction of salary base;
      8. Reduction of twelve-month appointment to nine-month appointment;
      9. Reduction of full-time equivalent (FTE) appointment;
      10. Reduction of rank;
      11. Revocation of tenure;
      12. Termination of employment.​​​​​​​
    5. For sexual misconduct complaints under Title IX, the committee shall reach its sanction decision within thirty days. This sanction decision shall be incorporated into the findings in accordance with the university Sexual Misconduct policy, and a written determination containing the combined findings and recommended sanction shall be issued. The complainant and respondent shall have equal rights to appeal the written determination to the provost for review in accordance with Section (F) of this rule and shall not be reviewed by the respondent’s dean under Section (E) of this rule. All appeals must be in writing and be filed within fourteen days after the written determination is issued. The appeal shall be on the grounds for appeal permitted by the Sexual Misconduct policy and in accordance with the procedures provided by that policy.
    6. For all other complaints under this rule, the committee shall complete its review and submit its report to the respondent’s dean within thirty days.​​​​​​​
  5. Decision by the dean.​​​​​​​
    1. For all complaints under this rule except sexual misconduct complaints under Title IX, the dean may, after reviewing the report and recommendation of the university sanctioning committee:​​​​​​​
      1. Uphold the committee’s proposed sanction;
      2. Impose what would reasonably be interpreted as an equivalent or lesser sanction; or
      3. Increase the sanction.​​​​​​​
    2. The dean shall make a decision in twenty-one days. The final report of the university sanctioning committee and the dean’s decision will be sent to the complainant and the respondent.
    3. Appeals:
      1. The dean’s decision shall be final in all cases in which the sanction imposed is a verbal reprimand, a written reprimand, or mandatory counseling or training.
      2. If the dean imposes any other sanction except for revocation of tenure or termination of employment, the respondent shall have the right to appeal in writing to the provost for review.
      3. If the dean imposes a sanction that revokes tenure or terminates employment, the matter shall be automatically appealed to the provost.
      4. In all appeals, whether discretionary or automatic, the respondent may identify their position on the case in writing to the provost. All such submissions and all discretionary appeals must be filed within fourteen days after notice of the dean’s decision was mailed.​​​​​​​
  6. Review of appeals by the provost.​​​​​​​
    1. After reviewing the record of a case upon appeal or upon referral by the dean, the provost may:​​​​​​​
      1. Affirm the dean’s sanction or the sanction imposed by the university sanctioning committee for sexual misconduct complaints under Title IX;
      2. Impose what would reasonably be interpreted as an equivalent or lesser sanction to the sanction;
      3. Increase the sanction; or
      4. In the event that the provost determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the provost shall return the case back to a previous step of the process for further proceedings as appropriate.​​​​​​​
    2. The provost shall make a decision within fourteen days of receiving materials from the dean, respondent or complainant as applicable. Complainant and respondent shall each have the right to respond to a filing by the other party.
    3. For complaints of sexual misconduct under Title IX, the provost’s decision shall be final.
    4. For all other complaint subject to this rule:​​​​​​​
      1. If the provost affirms the dean’s decision to terminate employment, or imposes or upholds a sanction set forth in section (D)(4)(vii) through (xii) of this rule, the respondent may appeal to the faculty hearing committee. In all other cases, the provost’s decision shall be final.​​​​​​​
    5. An appeal by the respondent must be in writing and must be filed with the faculty hearing committee within fourteen days after notice of the provost’s decision was mailed. Appeals to the faculty hearing committee shall be limited to one or more of the following grounds:​​​​​​​
      1. the sanction is disproportionate to the violations committed in view of the aggravating and mitigating factors;
      2. substantial new evidence has been discovered (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct); or
      3. there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent.​​​​​​​
  7. The faculty hearing committee.​​​​​​​
    1. Within fourteen days of receipt of an appeal from a respondent, the faculty hearing committee established by rule 3335-5-48.10 shall convene a hearing panel to consider the complaint and to provide a recommendation to the president regarding the appropriate action to be imposed. The respondent and the provost or designee may each make one peremptory challenge to the seating of one person on the hearing panel and one peremptory challenge to the selection of a presiding officer.
    2. The parties to this hearing shall be the respondent and the provost, or designee.
    3. The hearing panel may restrict the attendance of persons at the proceedings. However, the respondent and the provost shall have the right to have one observer of their choosing present at all times.
    4. The provost, or designee, shall present the case to the hearing panel. In presenting the case, the provost may be advised and represented by the general counsel, or designee. The provost shall have the right to present witnesses and evidence and to examine witnesses and evidence presented by the respondent.
    5. Respondents shall have the right to represent themselves or to be represented by legal counsel or any other person of their choice. The respondent shall have the right to examine the witnesses and evidence presented against them in the hearing, to present witnesses and evidence on their own behalf, and to refuse to testify or be questioned in the proceedings without prejudice to their cause.
    6. The hearing panel shall receive testimony and other evidence as it deems relevant and material to the issues appealed, and may decline to receive evidence presented by the provost or the respondent that is not material and relevant to the appeal. However, in all proceedings, the hearing panel shall afford complainants equal rights to participate in any proceeding and the ability to present a response to the respondent’s claims as applicable.
    7. An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the Office of Academic Affairs.
    8. At the conclusion of the proceedings, the hearing panel shall make separate written conclusions with respect to each substantive issue raised at the hearing.​​​​​​​
      1. If the respondent challenges the appropriateness of the sanction, the faculty hearing committee shall set forth what their recommended sanction is in accordance with the factors set forth in section (D)(3) of this rule.
      2. If the respondent alleges conflict of interest, procedural error, or substantial new evidence, the faculty hearing committee shall set forth what their conclusions are and whether they believe that further proceedings are appropriate.​​​​​​​
    9. The faculty hearing committee’s report, together with a recording of the proceedings, shall be transmitted to the president, provost, and respondent within sixty days of the date that the final hearing panel is convened.​​​​​​​
  8. The president.
    1. Upon receipt of the written recommendation and a record of the proceedings from a hearing panel, the president shall review the matter. The president may:
      1. Impose any sanction less than termination of employment whether or not it accords with the recommendation of the hearing panel;
      2. Recommend to the board of trustees termination of employment on such terms and conditions as the president may deem advisable;
      3. Remand the case to the hearing panel for reconsideration; or
      4. In the event that the president determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the president shall return the case back to a previous step of the process for further proceedings as appropriate.​​​​​​​
    2. The president’s decision on all sanctions less than termination of employment is final.
    3. Any decision of the president shall be communicated in writing to the hearing panel, the provost, and the respondent.
    4. The president shall make a decision within thirty days.
  9. ​​​​​​​Board of trustees.​​​​​​​
    1. The board of trustees, in reviewing and deciding upon a case in which termination of employment has been recommended, has the ultimate authority to take that action necessary to promote the best interest of the university and to protect the rights of the individual. In such cases, the board shall have the discretion to decide whether the respondent has an opportunity to present to it arguments in writing, or in person, or both.

​​​​​​​(Board approval dates: 2/25/2021)

3335-5-04.4 Procedures for complaints of misconduct and other violations of applicable law, university policies or rules, or governance documents made against faculty members.

  1. This rule applies to complaints made against faculty members involving misconduct and other violations of applicable law, university policies or rules, or unit governance documents that do not otherwise fall under rules 3335-5-04.1, 3335-5-04.2, or 3335-5-04.3. A faculty member may be disciplined for violations established under this rule, up to and including termination for violations constituting grave misconduct or non-trivial financial fraud.  For the purposes of this rule:​​​​​​​
    1. “Grave misconduct” is defined as flagrant, egregious, and willful misbehavior in violation of the law or established university rules or policies.
    2. “Nontrivial financial fraud” is defined as a deliberate act or deliberate failure to act that is contrary to law, rule, or policy so as to obtain unauthorized financial benefit from the university for oneself, one’s family, or one’s business associates. Nontrivial financial fraud includes, but is not limited to, misappropriation of university funds or property, authorizing or receiving compensation or reimbursement for goods not received or services not performed or hours not worked, or unauthorized alteration of financial records.​​​​​​​
  2. Initial proceedings.​​​​​​​
    1. A complaint may be filed by any student or university employee, including employees from administrative offices who are filing complaints arising out of investigations by those offices. Complaints may be filed with a chair, dean, associate dean, provost, vice provost for academic policy and faculty resources (hereinafter “vice provost”), or the president. All complaints must be referred to the vice provost for initial review in accordance with this rule
    2. The complaint shall be set forth in writing and shall state facts to support an allegation that a faculty member has engaged in misconduct or has otherwise violated applicable law, university policies or rules, or unit governance documents.​​​​​​​
      1. The vice provost shall review every complaint to determine whether the complaint presents an actionable violation and that the complaint is not clearly retaliatory or abusive in nature. If the vice provost is named as a respondent, the provost shall identify a designee. If the vice provost determines that a complaint either does not allege a violation that can be addressed under this rule or was filed for clearly retaliatory or abusive purposes, the vice provost must consult with the complainant within seven days of filing to clarify the nature of the complaint. The vice provost may dismiss such a complaint within seven days of consulting with the complainant if it cannot be addressed under this rule or is clearly retaliatory or abusive in nature. This determination does not prohibit referral of a complaint filed under this rule to another applicable university process.​​​​​​​
        1. The complainant may appeal this dismissal in writing to the provost within seven days of this decision. Upon receiving such an appeal, the provost may either reinstate the complaint or dismiss it, and that decision is final. The provost must issue a decision within fourteen days of receiving such an appeal.​​​​​​​
      2. If the vice provost determines that the complaint should proceed or if the complaint is reinstated by the provost, the vice provost shall furnish a copy of the complaint to the respondent and shall refer it to the respondent’s department chair for a probable cause review in accordance with section (C) of this rule.​​​​​​​
        1. If the faculty member’s department chair is the complainant or respondent, the complaint shall be referred to the faculty member’s dean for the initial probable cause review.
        2. For the purposes of this provision, the term “department chair” includes school directors, deans of colleges without departments, and regional campus deans and directors.​​​​​​​
    3. Only allegations stated in the complaint shall be considered at the various stages of deliberation. However, additional facts relevant to the allegations set forth in the complaint may be presented throughout the process.​​​​​​​
  3. Probable cause review.​​​​​​​
    1. The department chair shall review the allegations in the complaint and discuss the matter with the complainant and the respondent to determine whether there is probable cause to believe that the allegations are true.
    2. If the department chair determines that there is not probable cause to believe that the allegations are true, the chair shall dismiss the complaint.​​​​​​​
      1. If the complaint is dismissed, the complainant may appeal the dismissal to the dean. The appeal must be in writing and filed with the dean within twenty-one days after the notice of the chair’s decision was mailed. Upon receiving such an appeal, the dean may either reinstate the complaint and refer it to the college investigation and sanctioning committee or dismiss it, and such a dismissal is final. The dean must issue a decision within thirty days after receiving such an appeal.​​​​​​​
    3. If the department chair determines that there is probable cause to believe that the allegations are true, the department chair shall refer the matter to the college investigation and sanctioning committee unless the department chair completes an informal resolution in accordance with rule 3335-5-04(E).
    4. The department chair shall complete this process within fourteen days.​​​​​​​
  4. College investigation and sanctioning committee.​​​​​​​
    1. Each college shall appoint a college investigation and sanctioning committee, which shall fulfill the responsibilities set forth in this section. The committee shall be all tenured faculty or a majority of tenured faculty if including clinical/teaching/practice faculty who are non-probationary associate professors or professors. A college may include faculty members from other colleges on its committee.
    2. Upon receipt of a referral of a complaint from the department chair, the committee shall meet with the complainant and the respondent and shall review any documentary evidence provided by these parties. The respondent shall be given copies of any documentary evidence provided to the committee as part of the investigation and be given an opportunity to respond to all such documentation. The committee shall have the authority to gather information relevant to the complaint, including through seeking to interview individuals other than the complainant and respondent as the committee sees fit or as recommended by the complainant and respondent. The committee shall strive to maintain confidentiality in the proceedings.
    3. At the conclusion of the investigation, the committee shall prepare a preliminary report that identifies the proposed findings of fact, a conclusion as to whether a violation occurred under the preponderance of the evidence standard, and if so whether the conduct rose to the level of grave misconduct or non-trivial financial fraud as defined in rule 3335-5-04.1(A)(1)(i)–(iii). The committee shall provide that document to both the complainant and respondent for review. Each party shall have seven days to respond and to identify any alleged errors or omissions in the findings.
    4. Following review of any comments by the parties, the committee shall thereafter make any modifications to the report that it deems appropriate and issue a final report. If the committee concludes that a violation occurred, the committee shall include its proposed sanction in the final report.
    5. In evaluating sanctions, the committee shall consider the totality of the circumstances, including aggravating and mitigating factors.​​​​​​​
      1. Aggravating factors may include, but are not limited to:​​​​​​​
        1. the degree to which the respondent’s conduct was flagrant, egregious, or willful if grave misconduct is found;
        2. the significance and impact of the faculty member’s failure to meet academic responsibilities if serious failure to meet faculty obligations is found;
        3. the degree and impact of the fraud if non-trivial financial fraud is found;
        4. the strength of the evidence presented;
        5. whether the respondent has previously been found to have engaged in misconduct;
        6. whether the respondent’s conduct caused injury or harm to another individual, university property, or the university’s reputation; and
        7. whether the respondent had received prior warnings about engaging in the conduct at issue.​​​​​​​
      2. Mitigating factors may include, but are not limited to:​​​​​​​
        1. the conduct at issue did not cause injury or harm to another individual, university property, or the university’s reputation; and
        2. the respondent accepted responsibility for the misconduct.​​​​​​​
    6. The committee shall have the authority to recommend sanctions as it sees fit as long as the sanctions are commensurate with the nature of the complaint and the committee’s analysis of any aggravating and mitigating factors. Sanctions may be of a discrete or continuing nature, but sanctions of a continuing nature must specify the period of time in which they are applicable. Sanctions may include, but are not limited to the following, and may further include a combination of sanctions:
      1. Verbal reprimand;
      2. Written reprimand;
      3. Mandatory counseling or other rehabilitation;
      4. Reimbursement for damages to or destruction of university property, or for misuse or misappropriation of university property, services or funds;
      5. Restrictions on duties or privileges;
      6. Restriction of access to university property or services;
      7. Reduction of salary base;
      8. Reduction of twelve-month appointment to nine-month appointment;
      9. Reduction of full-time equivalent (FTE) appointment;
      10. Reduction of rank;
      11. Revocation of tenure;
      12. Termination of employment in cases of grave misconduct or non-trivial financial fraud.​​​​​​​
    7. The committee shall complete its investigation and submit its report to the respondent’s dean within forty-five days.​​​​​​​
  5. Decision by the dean.​​​​​​​
    1. After reviewing the report and recommendation of the college investigation and sanctioning committee, the dean may:​​​​​​​
      1. Dismiss the complaint if the committee did not find a violation;
      2. Impose the committee’s proposed sanction;
      3. Impose what would reasonably be interpreted as an equivalent or lesser sanction; or
      4. Increase the sanction if the committee determined that the respondent engaged in grave misconduct or non-trivial financial fraud.
    2. The dean shall make a decision in twenty-one days. The final report of the college investigation and sanctioning committee and the dean’s decision shall be sent to the complainant and the respondent.
    3. Appeals:
      1. The dean’s decision shall be final in all cases in which the sanction imposed is a verbal reprimand, a written reprimand, or mandatory counseling or training. A respondent may, place a response to this sanction in their primary personnel file.
      2. If the dean imposes any other sanction except for revocation of tenure or termination of employment, the respondent shall have the right to appeal in writing to the provost.
      3. If the dean imposes a sanction that revokes tenure or terminates employment, or if the case involves a finding by the committee of grave misconduct or non-trivial financial fraud, regardless of the sanction, the matter shall be automatically appealed to the provost.
      4. In all appeals, whether discretionary or automatic, the respondent may identify their position on the case in writing to the provost. All such submissions and all discretionary appeals must be filed within fourteen days after notice of the dean’s decision was mailed.
  6. ​​​​​​​​​​​​​​Review of appeals by the provost.​​​​​​​
    1. After reviewing the record of a case appealed by a respondent or referred by the dean, the provost may: 
      1. ​​​​​​​Affirm the dean’s sanction;
      2. Impose what would reasonably be interpreted as an equivalent or lesser sanction to the dean’s sanction;
      3. In the case of grave misconduct or non-trivial financial fraud increase the sanction; or
      4. In the event that the provost determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to  the respondent, the provost shall return the case back to a previous step of  the process for further proceedings as appropriate.​​​​​​​
    2. The provost shall make a decision within fourteen days of receiving materials  from the dean and respondent as applicable.
    3. If the provost affirms the dean’s decision to terminate employment, or imposes or upholds a sanction set forth in section (D)(6)(vii) through (xii) of this rule, the respondent may appeal to the faculty hearing committee. In all other cases, the provost’s decision shall be final.
    4. An appeal by the respondent must be in writing and must be filed with the faculty hearing committee within fourteen days after notice of the provost’s decision was mailed.​​​​​​​
  7. The faculty hearing committee.​​​​​​​
    1. Within fourteen days of receipt of an appeal from a respondent, the faculty hearing committee established by rule 3335-5-48.10 shall convene a hearing panel to consider the appeal and to provide a recommendation to the president regarding  the appropriate action. The respondent and the provost or designee may each make one peremptory challenge to the seating of one person on the hearing panel and one peremptory challenge to the selection of a presiding officer.
    2. The parties to this hearing shall be the respondent and the provost, or designee.
    3. The hearing panel may restrict the attendance of persons at the proceedings. However, the respondent and the provost shall have the right to have one observer of their choosing present at all times.
    4. The provost, or designee, shall present the case to the hearing panel. In presenting  the case, the provost may be advised and represented by the general counsel, or designee. The provost shall have the right to present witnesses and evidence and to examine witnesses and evidence presented by the respondent.
    5. Respondents shall have the right to represent themselves or to be represented by  legal counsel or any other person of their choice. The respondent shall have the right to examine the witnesses and evidence presented against them in the hearing, to present witnesses and evidence on their own behalf, and to refuse to testify or be questioned in the proceedings without prejudice to their cause.
    6. The hearing panel shall receive testimony and other evidence as it deems relevant and material to the issues appealed, and may decline to receive evidence presented by the provost or the respondent that is not material and relevant to the appeal.
    7. The hearing panel will not be bound by the findings of the college investigation and sanctioning committee or the provost.
    8. An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the Office of Academic Affairs.
    9. At the conclusion of the proceedings, the hearing panel shall make written conclusions with respect to each substantive issue raised, including but not limited to:​​​​​​​
      1. appropriateness of the sanction, and, if found to be inappropriate, the faculty hearing committee’s recommended sanction in accordance with the factors set forth in section (D)(5) of this rule.
      2. conflict of interest, procedural error, or substantial new evidence.
      3. findings of the college investigation committee.​​​​​​​
    10. The faculty hearing committee’s report, together with a recording of the proceedings, shall be transmitted to the president, provost, and respondent within sixty days of the date that the final hearing panel is convened.​​​​​​​
  8. The president.​​​​​​​
    1. Upon receipt of the written recommendation and a record of the proceedings from a hearing panel, the president shall review the matter. The president may:​​​​​​​
      1. Impose any sanction less than termination of employment whether or not it accords with the recommendation of the hearing panel;
      2. Recommend to the board of trustees termination of employment for cases of grave misconduct or non-trivial financial fraud on such terms and conditions as the president may deem advisable;
      3. Remand the case to the hearing panel for reconsideration; or
      4. In the event that the president determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the president shall return the case back to a previous step of the process.​​​​​​​
    2. The president’s decision on all sanctions less than termination of employment is final.
    3. Any decision of the president shall be communicated in writing to the hearing panel, the provost, and the respondent.
    4. The president shall make a decision within thirty days.​​​​​​​
  9. Board of trustees.​​​​​​​
    1. The board of trustees, in reviewing and deciding upon a case in which termination  of employment has been recommended, has the ultimate authority to take that action necessary to promote the best interest of the university and to protect the rights of the individual. In such cases, the board shall have the discretion to decide whether the respondent has an opportunity to present to it arguments in writing, or in person, or both.

(Board approval dates: 2/25/2021)

 

3335-5-05  Procedures concerning faculty complaints about promotion, tenure and renewal decisions.

(A)  Definitions and construction.

  1. Complaints concerning promotion, tenure, or renewal decisions may be made to the committee on academic freedom and responsibility by any member of faculty as defined in rule 3335-5-19 of the Administrative Code.
  2. In all formal proceedings under this rule, the burden of going forward and the burden of establishing proof shall be on the complainant.
  3. "Improper evaluation," as used in this rule, shall mean:
    1. That a decision affecting the complainant was based upon an inadequate consideration of the pertinent facts by the individual(s) making the decision, or
    2. That such decision was based upon reasons or considerations that infringe a constitutional right of the complainant.
  4. In considering complaints alleging an improper evaluation under this rule, the review should consider only whether those individual(s) making the decision followed the appropriate procedures, considered the important evidence material to a fair determination, and acted in a responsible manner. When reviewing complaints, neither the committee on academic freedom and responsibility nor the faculty hearing panel shall substitute its judgment on the merits of the individual's performance for that of the academic unit.
  5. If a complaint is dismissed by either the committee on academic freedom and responsibility or a hearing panel pursuant to this rule, no appeal may be taken by the complainant.
  6. All records of the proceedings under this rule shall be kept in the office of the executive vice president and provost and shall not be open to public inspection without the written permission of the complainant and the executive vice president and provost.

(B)  The committee on academic freedom and responsibility.

  1. Complaints alleging improper evaluation shall be presented in writing to the faculty members of the committee on academic freedom and responsibility (hereinafter "committee") and to the executive vice president and provost within thirty days (whenever practical) after a faculty member has been notified of the decision the faculty member wishes to challenge.
  2. Upon receipt of a written complaint alleging improper evaluation, the committee shall have sixty days to review the complaint, and evidence relating to it (including evidence on behalf of the academic unit) to determine whether reasonable and adequate grounds exist for asserting improper evaluation.
  3. By means of informal procedures, the committee shall review the complaint, and evidence relating to it (including evidence on behalf of the academic unit) to determine whether reasonable and adequate grounds exist for asserting improper evaluation.
  4. If the committee determines that no reasonable and adequate grounds exist for asserting improper evaluation, it shall dismiss the complaint and forward all files on the matter to the executive vice president and provost.
  5. If the committee determines that reasonable and adequate grounds may exist for asserting improper evaluation, it shall forward the complaint and all additional materials gathered during examination of the complaint to the faculty hearing committee and to the complainant, established pursuant to rule 3335-5-48.9 of the Administrative Code.
  6. If the committee is unable to reach a decision in the allotted sixty days, the complaint shall be forwarded to the faculty hearing committee.

(C)  The faculty hearing committee.

  1. Upon receipt of a complaint alleging improper evaluation, the chair of the faculty hearing committee shall meet with the complainant to discuss the issues in the complaint and to inform the complainant about the procedures to be followed in the hearing.
  2. Within thirty days of receipt of a complaint, pursuant to paragraph (B)(5) and (B)(6) of this rule, the faculty hearing committee shall select a hearing panel according to the method provided in rule 3335-5-48.10 of the Administrative Code, to conduct proceedings in order to determine whether there is validity in the complaint. The hearing panel shall make every effort to conclude the hearing within sixty days, and the chair of the faculty hearing committee shall make every effort to submit the written report of the hearing to the executive vice president and provost within thirty days.
  3. Actions being challenged under this rule shall be responded to by the executive vice president and provost or designee.
  4. In matters involving allegations under paragraph (A)(3)(b) of this rule, the hearing panel shall conduct its proceedings in a collegial manner in accordance with the following guidelines:
    1. The complaint shall be set forth in writing and a copy furnished to the party or parties that are alleged to have committed the infringement.
    2. The hearing panel may restrict the attendance of persons at the proceedings, provided that the complainant shall not be denied the right to have one observer of his or her choosing present at all times.
    3.  Both complainant and respondent shall have the right to be accompanied and advised by any person of their choice, to present witnesses and evidence on their own behalf, and to examine witnesses and evidence.
    4. The hearing panel shall receive such testimony and other evidence as it deems to be material and relevant to the issues before it.
    5. An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the office of the executive vice president and provost.
  5. In matters involving complaints under paragraph (A)(3)(a) of this rule, the hearing panel shall conduct an investigatory proceeding in accord with the following guidelines:
    1. The proceeding shall not be adversarial in nature. The proceeding is an investigation leading to a report on whether or not adequate consideration was accorded.
    2. The complainant should be given opportunity to address the hearing panel in writing and in person, and offer any evidence substantiating the claim.
    3. If the complainant appears before the hearing panel, the complainant may bring an advisor. No formal transcript of the proceedings need be kept.
    4. The hearing panel shall request an oral or written report on the procedures followed and the evidence considered in reaching the decision that led to the complaint. The person or group who makes the decision may be called upon to demonstrate that all important and material evidence was considered.
  6. At the conclusion of a hearing, the hearing panel shall make every effort to prepare a written report within thirty days that:
    1. Makes separate findings of fact with respect to each substantive issue raised at the hearing.
    2. Dismisses the complaint if it determines that there has been no improper evaluation.
    3. When it has found that an improper evaluation has been made, makes a recommendation as to steps that could be taken to assure a new, fair, and impartial hearing.
    4. Shall be submitted to the dean of the college in which the complainant is a member and to the executive vice president and provost. The executive vice president and provost, in consultation with the hearing panel and the chair of the faculty hearing committee, shall take such steps as may be deemed necessary to assure a new, fair, and impartial evaluation. A copy of the hearing panel’s findings shall also be sent to the president.
  7. If a decision is remanded under paragraph (C)(6)(c) of this rule, it shall be reconsidered promptly. Within thirty days of the receipt of the hearing panel's decision, the executive vice president and provost shall respond in writing to the hearing panel and the president, stating what action has been taken and the reasons therefor.
  8. A copy of all findings and recommendations of a hearing panel shall be provided to the complainant.

(D)  The president.

  1. Upon receipt of a report under paragraph (C)(7) of this rule, the president shall review the matter and take whatever action the president deems appropriate.
  2. All decisions of the president under this rule shall be provided in writing to the hearing panel and the complainant.

(Board approval dates: 5/2/1975, 6/7/1984, 5/1/1986, 11/2/1990, 5/3/1996, 4/4/1997, 12/4/1998, 6/4/1999, 6/1/2001, 6/7/2013, 6/5/2015)

 

3335-5-06  Guest speakers.

It is the policy of the university to foster a spirit of free inquiry and to encourage the timely discussion of a broad range of issues, provided that the views expressed are stated openly and are subject to critical evaluation. Within our prevailing standards of decency and honesty, this policy shall be construed to mean that no topic or issue is too controversial for intelligent discussion on the campuses. Restraints on free inquiry should be held to that minimum which is consistent with preserving an organized society in which change is accomplished by peaceful, democratic means. To this end, registered student organizations, faculty, and others entitled to sponsor a meeting involving the use of university facilities (see rule 3335-13-03 of the Administrative Code) may invite guest speakers to the campuses. The sponsors must take reasonable steps necessary to ensure that the meeting is conducted in an orderly manner.

 

3335-5-07  Definition of faculty duties and responsibilities.

Faculty members who are on duty are accountable for meeting the formal and informal obligations associated with research, service, and/or teaching or clinical practice. Duties and responsibilities are assigned annually in accordance with the workload guidelines laid out in the pattern of administration of each faculty member’s tenure initiation unit and, as appropriate, regional campus.

Full-time, twelve-month, faculty members are expected to be on duty for an average of nineteen working days a month, with working days defined as weekdays that are not designated as university holidays. Faculty members on nine-month appointments are commonly on duty for nineteen working days a month averaged over a nine-month period. The most common pattern for a nine-month on-duty period under semesters is from August 15 to May 15.

Breaks within a given semester, summer term, or session, as well as any days between the end of the exam period and the beginning of the next semester or session, will be considered off-duty days. Faculty on twelve-month appointments are on duty on all working days except for the days they accrue and designate as vacation days. Terms of duty for full-time associated faculty on nine- or twelve-month appointments should parallel the terms for nine- and twelve-month tenure-track faculty unless otherwise specified in their annual letter of appointment; terms for shorter-term associated faculty are specified in their annual letter of appointment.

(Board approval dates: 6/19/2010, 6/22/2012, 6/6/2014, 6/3/2016)

 

3335-5-08  Absence from duty.

Absence of any member of the faculty from ordinary service in the university, for any cause other than sickness, must be with the knowledge and approval of his or her chair or director and of the dean of the college, or, in the case of faculty assigned to a regional campus, the dean and director of that campus. Absences longer than ten consecutive business days, must also be approved by the executive vice president and provost. Sick leave is granted on approval of the appropriate administrative official when notification is given as soon as practicable, presumably on the first day of absence.

(Board approval dates: 4/4/1997, 12/4/1998, 6/18/2010, 2/1/2013, 6/6/2014)

 

3335-5-12  "Rules of the University Faculty"; incorporated in contracts.

These "Rules of the University Faculty" shall be incorporated by reference as a part of every contract or agreement for employment with the Ohio state university as though expressly incorporated in said contract or agreement.

 

3335-5-13  Membership.

Every member of the university faculty shall be a member of the college faculty or faculties to which he or she is assigned regardless of the location of his or her primary duty. In cases involving doubt as to the proper college to which the university faculty member is assigned, assignment will be made by the executive vice president and provost after obtaining the recommendation of the deans and/or dean and directors concerned.

(Board approval dates: 4/4/1997, 12/4/1998)

 

3335-5-14  Powers.

The several college faculties shall have, subject only to the separate powers of the faculty of a school (see rule 3335-3-24 of the Administrative Code) and the faculty of the college of arts and sciences (see rule 3335-5-27 of the Administrative Code), the following general powers.

(A)  To adopt requirements for admission subject to the approval of the university senate and the board of trustees;

(B)  To adopt, alter or abolish courses and curricula subject to the approval of the council on academic affairs and the president and the board of trustees (see rules 3335-5-48.1 and 3335-8-02 of the Administrative Code);

(C)  To create and abolish schools, and departments of instruction within the college subject to approval of the council on academic affairs, the university senate, the president and the board of trustees (see rules 3335-3-25 to 3335-3-28, 3335-3-37, and 3335-5-48.1 of the Administrative Code);

(D)  To adopt and abolish academic degrees administered by them subject to approval of the council on academic affairs, the university senate, the president, and the board of trustees;

(E)  To recommend to the faculty membership of the university senate and the board of trustees, candidates for degrees.

(Board approval dates: 6/4/2004, 2/1/2013)

 

3335-5-15  Executive committee.

Each college shall have the power to designate an executive committee to which it may delegate authority to transact the business of the college as provided by the rules or by the established precedents of the college. Unless otherwise provided by the college faculty, this committee shall receive and act upon student petitions relative to courses of study and reinstatement; shall certify to the college faculty at the end of each semester, summer term, or session, lists of students who have fulfilled the requirements for a degree, or for whom special recommendation is made; and shall bring before the college faculty any matter coming within its knowledge that needs the consideration or action of the college. The dean of the college shall act as chair of the committee.

(Board approval date: 5/14/2010)

 

3335-5-16  Meetings.

The college faculty shall meet upon call of the dean of the college or in accordance with rules established by the college.

 

Departmental or School Faculties

3335-5-17  Membership.

The department or school faculty shall comprise all members of the department or school who are members of the college faculty and such other members of the department or school as the chair or director may from time to time designate. The chair or director shall be chair of the department or school faculty (see rule 3335-3-35 of the Administrative Code). The faculty of the department or school on all campuses, shall make recommendations on educational policies to the faculty of the college. In addition, the faculty of the school shall have the several academic powers set forth in rule 3335-3-34 of the Administrative Code. The president of the university and the dean of the college are members of the faculty of each department or school.

 

3335-5-18  Meetings.

The faculty in each tenure initiating unit shall meet upon the call of the chair, director or dean or as prescribed in the unit's pattern of administration, but not less frequently than once each semester during the academic year.

 

Regional Campus Faculties

3335-5-18.1  Membership.

A regional campus faculty shall be comprised of those faculty members rendering primary service on that campus, the dean and director of the campus, and the president of the university.

(Board approval date: 2/1/1980, 6/6/2014)

 

3335-5-18.2  Meetings.

The regional campus faculty shall meet upon the call of the dean and director or in accordance with rules established by that regional campus faculty.

(Board approval date: 2/1/1980)

 

Faculty

3335-5-19  Faculty.

As used in these rules the term "faculty" shall include persons appointed by the board of trustees with tenure-track and non-tenure track titles on full or part-time appointments, with or without salary, and emeritus faculty.

(A)   " Tenure-track faculty": persons with the titles of professor, associate professor, assistant professor, and instructor who serve on appointments totaling fifty per cent or more service to the university and who are eligible for tenure or who have obtained tenure.

(B)   “Non-tenure-track faculty”: all faculty positions within the university that are not tenure-track and are not eligible for tenure. This includes the following categories:

  1. "Clinical faculty": Clinical/teaching/practice faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code.
  2. “Research faculty”: Research faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code.
  3. "Associated faculty": persons with clinical practice titles, adjunct titles, visiting titles, and lecturer titles; also professors, associate professors, assistant professors, and instructors who serve on appointments totaling less than fifty percent service to the university. Persons with tenure-track, clinical/teaching/practice, or research faculty titles may not hold associated titles. Persons holding associated titles are not eligible for tenure and may not participate in the promotion and tenure reviews of tenure-track, clinical/teaching/practice, or research faculty. Persons with associated titles are permitted to participate in college or academic unit governance where approved by a vote of at least a majority of all of its tenure track faculty and also clinical/teaching/practice and research faculty in those colleges and units where they have been given voting rights. Associated faculty appointments may be made for a maximum of three consecutive years and, with the exception of visiting titles, may be renewed.
    1. Clinical Practice Faculty: The titles of clinical professor of practice, clinical associate professor of practice, clinical assistant professor of practice, and clinical instructor of practice shall be used to confer faculty status on individuals who have credentials comparable to clinical faculty of equivalent rank and who either provide significant, uncompensated service for which a faculty title is needed or compensated service to the clinical instructional programs in the colleges of the health sciences. Clinical practice appointments are made for the period in which the service is provided. Renewal of no-salary appointments is contingent upon continued significant contributions. Procedures for the promotion of clinical practice faculty members shall be the same as for promotion of clinical faculty.
    2. Visiting Faculty: The titles of visiting professor, visiting associate professor, and visiting assistant professor, shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice or research faculty of equivalent rank who spend a limited period of time on formal appointment and in residence at this institution for purposes of participating in the instructional and research programs of the university. A visiting appointment cannot exceed three continuous academic years of service.
    3. Adjunct Faculty: The titles of adjunct professor, adjunct associate professor, and adjunct assistant professor, and adjunct instructor shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice, or research faculty of equivalent rank, who provide significant, service to the instructional and/or research programs of the university and who need a faculty title to perform that service. Significant service would include teaching the equivalent of one or more courses, advising graduate students or serving on graduate committees, and serving as a co-investigator on a research project. Such individuals may be either nonuniversity employees or university employees compensated on a noninstructional budget. Adjunct appointments are made for the period in which the service is provided. Renewal of adjunct appointments is contingent upon continued significant contributions. Procedures for the promotion of adjunct faculty members shall be the same as for promotion of tenure, clinical/teaching/practice, or research faculty.
    4. Lecturer: The titles of lecturer and senior lecturer shall be used for all compensated instructional appointments where other titles are not appropriate. Lecturers' responsibilities are limited to teaching as defined in Chapter 3335-6 of the Administrative Code.

(C)  "Emeritus faculty": Emeritus faculty status is an honor given in recognition of sustained academic contributions to the university as described in rule 3335-5-36.

(Board approval dates: 4/4/1997, 12/4/1998, 4/6/1999, 3/1/2002, 7/12/2002, 6/4/2004, 2/1/2013, 4/5/2013, 6/7/2013, 11/16/2018, 5/31/2019)

 

3335-5-19.1  University Faculty.

For purposes of governance functions described in rules 3335-5-20 to 3335-5-25 of the Administrative Code, the term “university faculty” shall mean all tenure-track faculty, the president, members of the president’s planning cabinet serving at the president’s pleasure and designated as executive heads of offices, the deans of the colleges and of the graduate school, and the dean for undergraduate education.

(Board approval dates: 3/3/1978, 2/6/1987, 11/2/1990, 5/3/1996, 12/4/2001, 5/4/2001, 6/7/2005, 2/1/2006, 6/7/2013)

 

3335-5-20  Presiding officer.

The president of the university shall be the presiding officer of the university faculty. In the president's absence the duties of the presiding officer shall be assigned to the executive vice president and provost. In the absence of both the president and the executive vice president and provost, the duties of the presiding officer shall be assigned by the president to the dean of one of the colleges, the dean for undergraduate education, or the senior vice president for research.

(Board approval dates: 4/4/1997, 12/4/1998, 5/4/2001, 5/7/2004, 2/1/2006)

 

3335-5-22  Meetings.

(A)  Meetings of the university faculty shall be held as needed during the school year. These meetings shall be held on call of the president, either on the president's own motion or on request of the university senate or of the university faculty. The request of the university senate shall be by action taken at any meeting of the university senate. The request of the university faculty shall be by petition signed by members of the university faculty (see rule 3335-5-19.1 of the Administrative Code) in a number equal at least to ten per cent of the total membership of the university faculty. The president shall have a reasonable time to call the meeting after receiving the request.

(B)  For the purpose of this rule and rule 3335-5-23 of the Administrative Code, this total membership of the university faculty shall be determined as of the October first proceeding the date on which the petition is filed.

 

3335-5-23  Quorum.

Thirty per cent of the total membership of the university faculty (see rule 3335-5-19.1 of the Administrative Code) shall constitute a quorum for the transaction of business.

 

3335-5-24  Vote.

Only members of the university faculty (see rule 3335-5-19.1 of the Administrative Code) shall be eligible to vote at a meeting of the university faculty.

 

3335-5-25  Order of business.

(A)  Except as otherwise provided by the university faculty, its meeting shall be conducted in accordance with the latest revision of "Robert's Rules of Order."

(B)  The order of business shall depend on the type of business to be transacted at the particular meeting.

(Board approval date: 6/7/2005)

 

Faculty of the Arts and Sciences

3335-5-26  Membership.

The faculty of the college of arts and sciences shall consist of all faculty members of the five legacy colleges of the former federation of the colleges of the arts and sciences, including arts, biological sciences, humanities, mathematical and physical sciences, and social and behavioral sciences. (see rule 3335-3-28 of the Administrative Code).

(Board approval dates: 10/11/1967, 3/5/1971, 2/01/2013)

 

3335-5-27  Powers.

The faculty of the arts and sciences shall have jurisdiction over:

(A)  All programs for the "untagged" bachelor's degrees, subject only to approval by the council on academic affairs and the university senate. Such degrees shall be awarded only upon the recommendation of the faculty of the arts and sciences.

(B)  The general education requirements for all programs in the colleges of the arts and sciences, and joint responsibility for planning the general education requirements for colleges outside arts and sciences on a cooperative basis. Jurisdiction for the general education requirements for colleges outside arts and sciences shall lie with the university senate through the council on academic affairs, and not with the faculty of the arts and sciences.

(Board approval dates: 10/11/1967, 6/18/2010, 6/7/2013)

 

3335-5-28  Meetings.

The faculty of the college of arts and sciences shall meet upon call of the chair of the coordinating council of deans or in accordance with rules established by the faculty.

(Board approval dates: 10/11/1967, 3/2/1984, 5/3/1996, 2/1/2013)

 

Graduate Faculty

3335-5-29  Membership

The members of the graduate faculty shall consist of those members of the faculty who are nominated by their graduate program and approved by the graduate school. Ex officio members of the graduate faculty are the executive vice president and provost, the vice president for research, the dean of the graduate school, the deans of the colleges, and the dean of libraries.

(Board approval dates: 4/4/1997, 12/4/1998, 5/7/2004, 6/7/2005, 6/6/2008, 6/6/2014, 11/21/2019)

 

3335-5-30  Powers and functions.

The graduate faculty shall have the following general powers and functions:

(A)  To elect all voting faculty members of the research and graduate council in the manner prescribed by rule 3335-5-34 of the Administrative Code.

(B)  To initiate and to act upon any question affecting the policies of the graduate school or to request consideration and action by the research and graduate council.

(C)  To approve, modify, or reverse any action of the research and graduate council.

(D)  To receive the annual report of the dean of the graduate school and such other reports as the dean shall submit.

(E)  To perform the functions approved by the research and graduate council.

(Board approval date: 6/7/2005)

 

3335-5-31  Meetings.

(A)  Meetings of the graduate faculty shall be called by the dean of the graduate school whenever so requested by ten per cent of the regular members of the graduate faculty or by a majority of the members present at any regular meeting of the research and graduate council.

(B)  The dean of the graduate school shall announce the time, place and purpose of each meeting at least seven days before the date of the meeting. The dean of the graduate school, or designee, shall preside at all meetings of the graduate faculty. All actions of the graduate faculty shall be upon a majority vote of the regular members present. In case of a tie vote on any matter before the graduate faculty, the dean of the graduate school shall cast the deciding ballot. Any action taken pursuant to paragraph (B) or (C) of rule 3335-5-30 of the Administrative Code shall be proposed at one meeting of the graduate faculty and acted upon at a subsequent meeting called for that purpose.

(Board approval date: 6/7/2005)

 

3335-5-32  Graduate council.

There shall be established a graduate council with the following powers and subject to the following limitations in rules 3335-5-33 to 3335-5-36 of the Administrative Code.

(Board approval date: 6/6/2008)

 

3335-5-33  Membership.

There shall be a graduate council constituted as follows:

(A)  Chair. A faculty chair of the graduate council shall be elected annually by members of the graduate council. The chair will sit on the senate’s faculty cabinet as defined in the bylaws of the faculty council.

(B)  Faculty members: twelve members of the graduate faculty shall be appointed for terms of three years by the vice provost for graduate studies and dean of the graduate school in consultation with the executive deans and senate faculty leadership (the chair and vice-chair of faculty council, the chair of the senate steering committee, and the university senate secretary). Three of the twelve shall be members of the university senate. Graduate faculty members should have experience as a graduate studies committee chair, department chair, or other significant involvement in graduate education. Nine of the twelve graduate faculty members shall be nominated by executive deans from lists solicited from the faculty of their respective colleges in the following manner: three by the executive dean of the colleges of the arts and sciences; three by the executive dean of the health sciences; three by the executive dean of the professional colleges. Three of the twelve graduate faculty members shall be appointed by the vice provost for graduate studies and dean of the graduate school.

(C)  Alternate faculty members. Each faculty member of the graduate council is expected to attend its meetings regularly. Alternate representatives shall be identified by each executive dean and approved by the vice provost for graduate studies and dean of the graduate school. Alternates shall have the general powers and privileges as of the member represented. Service as an alternate does not make the alternate ineligible for membership in the council the following year.

(D)  Graduate student members. Two graduate students shall be appointed by the council of graduate students. These members shall serve terms of one year and shall be eligible for of three consecutive terms.

(E)  Alternate student members. Each student member of the council is expected to attend its meetings regularly. Alternate representatives shall be identified by the council of graduate students. The alternate shall then have the general powers and privileges as the member represented. Service as an alternate does not make the alternate ineligible for membership in the council the following year.

(F)  One administrator. The vice provost for graduate studies and dean of the graduate school or designee.

(G)  Non-voting members. The president of the council of graduate students and the senior vice president for research.

(Board approval dates: 4/4/1997, 12/4/1998, 7/11/2003, 5/7/2004, 11/4/2005, 7/6/2006, 6/6/2008, 2/1/2013)

 

3335-5-34  Duties and responsibilities.

The graduate council shall be the principal advisory body of the graduate school and shall have the following duties and responsibilities:

(A)  To serve as an advisory group to the vice provost for graduate studies and dean of the graduate school.

(B)  To participate in the development of rules, policies, and standards pertaining to graduate education and graduate programs and to act upon any question affecting those policies.

(C)  To participate in the establishment of rules, policies, and standards governing graduate associates and graduate fellowships, including overseeing eligibility and allocation procedures for graduate school fellowships.

(D)  To review proposals for new or revised graduate programs, graduate minors, graduate interdisciplinary specializations and other curricular matters.

(E)  To submit to the council on academic affairs recommendations about adopting or abolishing academic degrees administered by the graduate school.

(F)  To provide oversight for interdisciplinary graduate programs.

(G)  To make recommendations about establishing and abolishing academic centers and other comparable organizations that are engaged in graduate education and make recommendations for determining the membership and authorities of their boards or governing bodies.

(H)  To approve, modify, or reverse any action taken by its standing or ad hoc committees.

(Board approval date: 6/6/2008)

 

3335-5-35  Committees.

(A)  There shall be one standing committee: curriculum. The committee will be chaired by a graduate faculty member of the committee.

(B)  There shall be ad hoc committees to address issues requiring specific expertise. Ad hoc committees shall be convened at the discretion of the vice provost for graduate studies and dean of the graduate school or graduate council.

(Board approval date: 6/6/2008)

 

3335-5-36  Emeritus Faculty.

(A) Full-time tenure-track, clinical/teaching/practice, research, or associated faculty may request emeritus status upon retirement or resignation at the age of sixty or older with ten or more years of service or at any age with twenty-five or more years of service.

(B) The request for emeritus status is made to the tenure initiating unit (TIU) head, except that for associated faculty with appointments at regional campuses, the request for emeritus status is made to the regional dean. The process for awarding emeritus status shall be described in the TIU/regional campus appointments, promotion and tenure document. The executive vice president and provost must approve requests for emeritus status for faculty who do not otherwise meet the qualifications in 3335-5-36 (A). Emeritus statius is recommended by the TIU head, the dean, and the executive vice president and provost, and approved by the board of trustees. 

(C) Emeritus faculty, in keeping with the honorific nature of the title, are not expected to perform faculty duties (under rule 3335-5-07), nor do they retain the specific powers of the faculty (under rule 3335-5-14). Emeritus faculty may not vote at any level of governance and may not participate in promotion and tenure matters but may have such other privileges as individual academic units or the university may provide. 

(D) If emeritus status is requested but denied by the TIU head/regional dean, the decision can be appealed in writing to the dean or executive vice president and provost for units for which the dean is the TIU head. If the request for emeritus status or an appeal is denied by the dean, the decision can be appealed in writing to the executive vice president and provost, who shall make the final decision. Every effort shall be made by the dean and executive vice president and provost to conclude all decisions on appeals within 60 days. 

(E) In lieu of the process described in rule 3335-5-04, the president, subject to the approval of the board of trustees, shall have the authority to revoke emeritus status if an emeritus faculty member at any time engages in serious dishonorable conduct in violation of law, rule, or policy and/or causes harm to the university's reputation.

(Board approval date: 11/16/2018, 5/31/2019) 

 

University Senate

3335-5-37  Membership.

There shall be a university senate, a unicameral body constituted as follows:

(A)  Voting members: the voting members of the senate (throughout this document the word "senate" shall be taken to mean the university senate) shall consist of:

  1. Twenty-four administration members.
  2. Seventy-one faculty members.
  3. Forty-one student members, consisting of twenty-six undergraduate, ten graduate, and five professional student members.
  4. Five staff members.

Any change in the number of members representing one of three primary categories shall necessitate an adjustment in the total membership in order to maintain to the nearest percentage the ratio of these numbers.

(B)  Non-voting members: senate members not entitled to vote on the floor of the senate, but otherwise to participate in all senate deliberations, shall include the chair of faculty council (if not a member of the senate), senate committee chairs (if not members of the senate), the president of the alumni association, the secretary of the university senate, the president of the undergraduate student government, the president of the council of graduate students, and the president of the inter-professional council, and the chair of the university staff advisory committee.

(Board approval dates: 7/7/1972, 6/14/1974, 7/9/1976, 7/22/1977, 7/20/1979, 2/3/1984, 2/7/1986, 2/1/1991, 4/7/1995, 5/3/1996, 8/1/1997, 12/4/1998, 4/6/1999, 7/7/2000, 5/6/2005, 5/14/2010, 6/5/2015, 5/31/2019)

 

3335-5-38  Terms of office.

(A)  Ex officio members serve by virtue of their position and shall have no fixed term of office.

(B)  Faculty members shall serve three-year terms, with one-third being elected each year; they shall be ineligible for one year for reelection after two consecutive terms of service.

(C)  Student members shall serve one-year terms and be eligible for reelection.

(D)  Staff members shall serve two-year terms; they shall be ineligible for one year for reelection after two consecutive terms of service.

(Board approval dates: 7/7/1972, 7/9/1976, 7/22/1977, 4/4/2008, 6/5/2009, 5/31/2019)

 

3335-5-39  Election bylaws.

The university senate shall have the power to make election bylaws governing election districts and constituencies, dates for assuming office, election procedures, membership certification, and resolution of election appeals; such election bylaws shall not contravene the sections of the Revised Code applying to the university, the "Bylaws of the Board of Trustees," or the "Rules of the University Faculty." The senate election bylaws may be amended pursuant to the procedures specified in rule 3335-5-43 of the Administrative Code.

(Board approval date: 7/9/1976)

 

3335-5-40  Alternate members.

When a regular member is unable to attend a meeting of the university senate, he or she shall notify the secretary in advance of the meeting, giving the name of the alternate who will act as a replacement. The alternate so designated shall then have the general powers and privileges in the university senate of the person replaced.

(A)  An administration member shall designate an alternate from the administration.

(B)  A faculty member shall designate an alternate from those elected as alternates in the member's own election district.

(C)  A student member shall designate an alternate from his or her constituency with the advice and consent of the student's council or governing body.

(D)  Non-voting members (see paragraph (B) of rule 3335-5-37 of the Administrative Code) shall designate their alternates from their respective constituencies or offices.

(Board approval dates: 7/7/1972, 6/14/1974, 5/3/1996, 6/7/2005)

 

3335-5-41  Powers.

The university senate, subject to the authority of the board of trustees, shall have the power:

(A)  Under delegation by the university faculty as defined in rule 3335-5-19.1 of the Administrative Code

  1. to establish the educational and academic policies of the university,
  2. to recommend the establishment, abolition, and alteration of educational units and programs of study,
  3. to recommend to the board of trustees candidates for honorary degrees,
  4. to recommend candidates for degrees and certificates (which power shall be reserved to the faculty and administrative members of the university senate).

(B)  To consider, to make recommendations concerning, and (in pursuance of rules pertaining to the university) to act upon matters relating to the rights, responsibilities, and concerns of students, faculty, administrators, and staff.

(Board approval date: 7/7/1972, 6/6/2014)

 

3335-5-42  Procedures for reconsideration.

Upon petition by ten per cent of the student body or ten per cent of the faculty, the senate shall reconsider any action which it has taken. Upon its own initiative, the senate may also reconsider actions it has taken.

(Board approval dates: 7/7/1972, 7/11/1975)

 

3335-5-43  Procedures for altering the organization of the university senate.

In matters pertaining to an alteration of the organization of the senate:

(A)  The secretary shall provide a written copy of the proposed change to all members and alternates at least two weeks in advance of the meeting at which the proposal is to be considered; and

(B)  An affirmative vote of two-thirds of the members present and voting at that meeting shall be required for passage.

(Board approval date: 4/4/1975)

 

3335-5-44  Constituent bodies of the senate.

Subject only to the provisions listed below in this paragraph, the representatives to the senate of the administration, of the faculty, and the students shall have the right to meet separately and to organize themselves in whatever manner they shall deem appropriate. As far as the senate is concerned, these bodies represent separate memberships. They may initiate proposals and submit them to the university senate for consideration. The senate, however, shall be independent of these bodies, and its actions shall not need their concurrence nor be subject to their review.

(A)  The members of the administration shall designate to the university senate office one person or officer responsible for submitting to the senate those proposals and recommendations which come in the name of the administration.

(B)  The elected faculty representatives to the senate shall constitute the faculty council. The faculty council shall designate to the university senate office one person or officer responsible for submitting to the senate those proposals and recommendations which come in the name of the faculty council.

(C)  The student representatives to the senate shall designate to the university senate office one person or officer from the undergraduate student government, the council of graduate students, and the inter-professional council, to be responsible for submitting to the senate those proposals and recommendations which come from those respective groups.

(D)  Nothing in the above shall be construed as restricting the right of a principal standing committee or of individual members speaking for themselves to submit proposals for senate action to the steering committee, or directly to the senate.

(Board approval dates: 7/7/1972, 7/21/1978, 2/1/1980, 2/7/1986, 4/4/1997, 5/14/2010)

 

3335-5-45  Bylaws of the senate.

The university senate shall have the power to organize itself and to make such bylaws for its own proceedings as shall not contravene the sections of the Revised Code applying to the university, the "Bylaws of the Board of Trustees," or the "Rules of the University Faculty." The senate's bylaws may be amended at any time by a majority of senate members present and voting thereon. The bylaws shall also be the subject of review by the rules committee at the beginning of each new autumn session of the senate.

(Board approval dates: 7/7/1972, 4/3/1987)

 

3335-5-45.1  Presiding officer.

The president of the university shall be the presiding officer of the university senate. In the absence of the president or at the president's request the executive vice president and provost shall preside.

In the absence of both the president and the executive vice president and provost, the chair of the steering committee shall preside.

(Board approval dates: 7/7/1972, 3/2/1984, 11/2/1990, 5/3/1996, 4/4/1997, 12/4/1998)

 

3335-5-45.2  Secretary of the university senate.

(A)  The secretary of the university senate shall be a tenured member of the faculty, appointed by the president from three nominees submitted by the steering committee. The term of office shall be for three years. Prior service as secretary need not preclude nomination to this office. During the term of office the secretary shall be reassigned for a minimum of fifty per cent of time to the office of the university senate during autumn and spring semesters, and summer term. The secretary of the senate will be evaluated annually by the executive vice president and provost or designee, the chair of the senate steering committee, and the chair of faculty council.

(B)  The responsibilities of the secretary of the university senate will be to:

  1. Serve as a resource person for members of the university community on matters relating to university governance and to activities of the university senate.
  2. Promote active, effective participation in university governance by the members of the constituencies of the university senate.
  3. Coordinate the responsibilities of the office of the university senate as described in rule 3335-19-09 of the Administrative Code.
  4. Serve as a voting member of the rules committee and a non-voting member of the steering committee of the university senate.
  5. Serve as a resource person for university and senate committees.
  6. Issue notification of senate meetings, agendas, and reports of senate actions in accordance with rule 3335-19-11 of the Administrative Code.
  7. Keep the records of the meetings of the university senate and furnish to the president for report to the board of trustees all matters passed by the university senate requiring board of trustees approval or action.

(Board approval dates: 3/4/1983, 5/5/1988, 5/4/1989, 8/1/1997, 4/7/2000, 8/29/2001, 2/1/2002, 5/14/2010, 6/12/2012, 2/2/2018)

 

3335-5-45.3  Faculty ombudsman.

(A)  The faculty ombudsman shall be a senior member of the tenure-track faculty or an emeritus faculty member, who was a tenured faculty member appointed by the president. Appointments shall be made on the basis of a recommendation made by a search committee consisting of the chairs of faculty council and the steering committee, the secretary of the senate, the provost, and the president. The term of office shall be for one year, and is renewable.

  1. The faculty ombudsman shall be someone with experience in university governance at the Ohio state university, shall be familiar with university rules and policies, prevalent cultural norms within the institution, precedent, and established university policies and operating procedures.
  2. Compensation for the faculty ombudsman will be provided by the office of academic affairs, in the form of course release time or supplemental compensation.

(B)  The responsibilities of the faculty ombudsman will be to:

  1. Serve as an advisor to faculty to assist them in determining the viability of their complaints and issues.
  2. Direct faculty to appropriate offices, committees, and university rules and policies.
  3. Serve when appropriate as an informal mediator of early-stage complaints, to mediate as an impartial party rather than as an advocate for faculty involved in complaints.
  4. Present an annual report on his or her activities to faculty council early in the autumn term of each academic year.
  5. Visibility of the office of the ombudsman will be made available to faculty through venues such as web pages, the ombudsman speaking at new faculty orientation, and through an introduction at the first meetings of senate and faculty council each year.

(C)  Recourse to the ombudsman.

  1. Recourse to the ombudsman is voluntary and not a prerequisite for consideration of the dispute by the committee on academic freedom and responsibility, the faculty hearing committee, the office of academic affairs, or the office of human resources.

(Board approval dates: 10/29/2009, 6/6/2014)

 

3335-5-45.4  University senate faculty leadership.

(A)  Membership.

The university senate faculty leadership shall consist of four members.

  1. The chair of the faculty council.
  2. The chair-elect of the faculty council.
  3. The chair of the university senate steering committee.
  4. The secretary of the university senate.

(B)   Duties and responsibilities.

  1. Meet year-around to plan, project and assist in expediting university senate business.
  2. Meet with the university president to enhance communications between faculty and the office of the president.
  3. Meet with the provost to discuss academic policies, educational policies and the mission of the office of academic affairs.
  4. Meet with university leadership on an as-needed basis to foster shared governance.
  5. Suggest nominees to the executive committee of faculty council to fill faculty vacancies in university senate committees.

(Board approval date: 1/30/2015)

 

3335-5-46  Senate committee operating procedures.

The university senate shall have committees designated as organizing, standing, or special.

(A)  Membership.

  1. Unless otherwise designated by rule, the president shall appoint all committees of the university faculty and the senate (see paragraph (A)(2) of rule 3335-1-03 of the Administrative Code).
  2. When a rule provides for the option of selecting a designee to a committee, the designee shall be appointed by the person being replaced.
  3. Committee vacancy.
    1. The chair will report vacancies to the appropriate nominating source through the office of the university senate. For the purpose of this rule, a vacancy exists when an elected member is unable to meet the participation requirements defined by the committee.
    2. When an unexpired term becomes vacant, the vacancy shall be filled in a manner consonant with the original method of committee selection. A member selected to fill such a vacancy shall serve for the duration of the unexpired term.
  4. The membership of each committee shall be made known through the report of the secretary of the university senate.
  5. Terms of service.

Unless otherwise specified by the rules, terms of service of senate committee members shall begin and end on the first day of autumn semester; incoming members may attend meetings as non-voting members as soon as they are appointed or elected.

(B)  Duties and responsibilities.

  1. Senate committees shall report at least annually to the senate at a time and in a manner specified by the steering committee of the senate.
  2. Senate committees shall define reasonable participation requirements for the conduct of ongoing business.

(C)  Organization.

Committee chairs. Except where otherwise specified by the rules, in the spring each committee shall elect a chair from its continuing membership, whose term shall begin the subsequent summer session; where it is deemed useful, committees may elect a vice-chair in the autumn to assist the current.

(Board approval dates: 5/1/1986, 7/10/1997, 2/5/1988, 5/3/1996, 9/1/1999, 4/4/2008, 5/14/2010, 6/30/2012, 6/7/2013, 4/8/2016)

 

3335-5-47  Organizing committees of the senate.

(A)  The senate shall have two organizing committees (see rules 3335-5-47.1 to 3335-5-47.3 of the Administrative Code):

  1. Steering committee;
  2. Rules committee.

(B)  Membership.

  1. The president shall appoint members of the administration; the council of graduate students, the inter-professional council, the undergraduate student government, and the faculty council shall select members of their own constituency using procedures adopted by their respective bodies.
  2. Only members of the senate may serve on organizing committees.
  3. Terms of service.
    1. Faculty members shall serve two-year terms and are eligible for immediate reelection or reappointment to a second term. Following that they are ineligible for reelection or reappointment until one full year has elapsed. Faculty members may not serve as chair of an individual committee for more than three successive years.
    2. Student members shall serve one-year terms and shall be eligible for reappointment.
    3. Appointed administration members shall serve two-year terms and shall not be eligible for immediate reappointment until one full year has elapsed unless they have served less than two-thirds of a full term.
    4. Multiyear terms shall be staggered so that approximately equal proportions of the number of members retire each year.

(C)  Organizing committees are also governed by the provisions of rule 3335-5-46 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/5/1988, 2/2/1990, 4/5/1990, 11/4/1994, 8/6/2006, 5/14/2010)

 

3335-5-47.1  Steering committee.

(A)  Membership.

The steering committee shall consist of eighteen members.

  1. Fifteen voting members.
    1. Six faculty members elected by faculty council as specified in the faculty council bylaws.
    2. The chair of faculty council. The chair-elect of the faculty council shall have full voting privileges if the chair cannot attend.
    3. Four student representatives.
      1. The president of the council of graduate students. The vice president of the council of graduate students or another designee who is a member of the university senate may attend steering committee meetings with full voting privileges if the president cannot attend.
      2. The president of the inter-professional council. The vice president of the inter-professional council or another designee who is a member of the university senate may attend steering committee meetings with full voting privileges if the president cannot attend.
      3. The president of the undergraduate student government. The vice president of the undergraduate student government or another designee who is a member of the university senate may attend steering committee meetings with full voting privileges if the president cannot attend.
      4. An undergraduate student who is a member of the university senate and who is appointed by the vice president of the undergraduate student government.
    4. Three administrators.
      1. The executive vice president and provost.
      2. The senior vice president for business and finance.
      3. A dean appointed by the president.
    5. The chair of the university staff advisory committee. The chair-elect of the university staff advisory committee shall have full voting privileges if the chair cannot attend.
  2. Three nonvoting members.
    1. The secretary of the university senate.
    2. The chair-elect of faculty council.
    3. The chair-elect of the university staff advisory committee.

(B)  Duties and responsibilities.

  1. Be the senate's committee on committees: the steering committee shall have the power to call, by vote of nine of its members, a special meeting of the senate, and shall have such power and duties as the senate may delegate to it during periods when the senate is not in session. It may create subcommittees and may delegate to them any of its powers, functions, and duties.
  2. Review the structure, operation, and effectiveness of the senate and its committees. It shall receive suggestions, review proposed rule changes, and initiate recommendations for change in the structure and operation of the senate, including structure, duties, and responsibilities of senate committees, without, however, in any way restricting the senate's authority to alter its operations by other means. The steering committee may also review other proposed rule changes prior to presentation to the senate.
  3. Serve as a channel of communication between the senate and the president and the board of trustees. Members shall be an advisory group available to both the president and the board of trustees for advice and counsel on any matter relating to the operation and development of the university. After consulting with the president, the members of the steering committee may request and obtain a meeting with the board of trustees.
  4. Meet at least once every year with the chair of each standing committee.

(C)  Organization.

  1. For the period of time beginning with the election of steering committee members in spring semester and ending with the start of the autumn semester, the steering committee shall include its newly elected members as non-voting members.
  2. The committee shall annually elect a chair from its faculty membership.
  3. As an organizing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-47 of the Administrative Code.

(Board approval dates: 5/1/1986, 7/11/1986, 2/5/1988, 4/7/1989, 11/2/1990, 11/4/1994, 5/3/1996, 4/4/1997, 12/4/1998, 6/7/2005, 5/14/2010, 6/7/2013, 6/5/2015, 5/31/2019)

 

3335-5-47.3  Rules committee.

(A)  Membership.

The rules committee shall consist of eleven members.

  1. Six faculty senators appointed by the executive committee of the faculty council
  2. Three students.
    1. One graduate student.
    2. One professional student.
    3. One undergraduate student.
  3. One staff senator, appointed by the university staff advisory committee.
  4. One administrator. The secretary of the university senate.

(B)  Duties and responsibilities.

  1. Be responsible, in cooperation with the secretary of the university senate, for the monitoring of the "Rules of the University Faculty" and of all statutes and bylaws pertaining to the senate.
  2. Ensure that all published rules and bylaws within the senate's purview are up to date, and recommend their republication at such intervals as may be desirable.
  3. Make recommendations for the revision of the procedural rules of the senate.
  4. Before senate action, the committee shall receive all proposed new rules and changes in existing rules. It shall review them and recommend such editorial or other changes it deems necessary to avoid conflict with other rules, to enhance clarity and precision, and to avoid ambiguity.
  5. Initiate rules or changes in existing rules and recommend them to the steering committee for scheduling for senate action.
  6. The secretary of the university senate in agreement with the rules committee may make non-substantive corrections in diction and grammar, and is authorized to correct names of offices, officers, units, credentials or constituents in the bylaws and in the rules without deliberation by the university senate nor by the board of trustees.

(C)  Organization.

As an organizing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-47 of the Administrative Code.

(Board approval dates: 5/1/1986, 7/11/1986, 2/5/1988, 2/4/1993, 11/4/1994, 5/3/1996, 2/2/2001, 6/7/2005, 5/14/2010, 6/6/2014, 5/31/2019, 2/27/2020)

 

3335-5-48  Standing and special committees of the senate.

(A)  The senate may establish such standing and special committees as it deems necessary or desirable.

  1. The standing committees of the senate are those committees defined in rules 3335-5-48.1 to 3335-5-48.18 of the Administrative Code.
  2. A special committee is one established to carry out a specified task, at the completion of which it automatically ceases to exist.

(B)  Membership.

  1. All standing and special committees of the senate shall include at least one faculty member of the senate.
  2. Unless otherwise specified by the rules, the number of tenure-track faculty on standing committees shall not be less than two-thirds of the faculty membership. Non-tenure-track faculty shall be appointed by the executive committee of the faculty council.
  3. Unless otherwise specified by the rules, or by the senate, the president shall appoint members of the administration; the council of graduate students, the inter-professional council, the undergraduate student government, the university staff advisory committee and the faculty council shall select members of their own constituency using procedures adopted by their respective bodies.
  4. Terms of service.
    1. Faculty members shall serve three-year terms and are eligible for immediate reappointment to a second term. Following that they are ineligible for reappointment until one full year has elapsed. Faculty members may not serve as chair of an individual committee for more than three successive years.
    2. Unless otherwise specified by the rules, student members shall serve one-year terms and be eligible for reappointment.
    3. Appointed administration members shall serve two-year terms and shall not be eligible for immediate reappointment until one full year has elapsed unless they have served less than two-thirds of a full term.
    4. Multiyear terms shall be staggered so that approximately equal proportions of the number of members retire from the committee each year.
  5. Student alternates.

Unless otherwise designated by rule, graduate, inter-professional and undergraduate student members of standing and special committees of the senate may have an alternate. The alternate shall be selected from the same area of representation as the original appointment. Student members shall advise the chair of the alternate’s name prior to the meeting in which the member will be absent. The chair has responsibility for recording correct voting status. If the member has voting status, the alternate may vote in the event of the member’s absence. If the member has speech and debate privileges, the alternate shall retain these privileges in the member’s absence. Whenever possible, potential alternates will be identified by appointing authority at the beginning of the academic year.

(C)  Standing and special committees are also governed by the provisions of rule 3335-5-46 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/5/1988, 4/5/1991, 2/4/1993, 11/4/1994, 5/6/2005, 8/6/2007, 10/29/2009, 6/6/2014, 5/31/2019)

 

3335-5-48.1  Council on academic affairs.

(A)  Membership.

The council on academic affairs shall consist of eighteen members.

  1. Ten faculty.
    1. Six faculty, at least two of whom are members of the senate, selected by the faculty council. 
    2. Four faculty appointed by the president.
  2. Five students. The term of service is two years.
    1. Two graduate students. 
    2. One professional student.
    3. Two undergraduate students. 
  3. One academic advisor, appointed by the dean of undergraduate education. The term of service is two years.
  4. Two administrators.
    1. The executive vice president and provost, or designee.
    2. A college-level curricular dean, appointed by the executive vice president and provost. The term of service is two years.

(B)  Duties and responsibilities.

  1. Make recommendations to the senate concerning the educational and academic policies of the university (see rule 3335-5-41 of the Administrative Code). This responsibility shall include, but shall not necessarily be limited to, the power to make recommendations concerning the establishment, alteration and abolition of all curricula and courses offered by the university or any division thereof; of all degrees and certificates conferred under authority of the university or any division thereof; and of all colleges, departments, and schools. It may conduct such investigations and appoint such committees as are reasonably necessary to carry out its responsibilities under these rules. Committees appointed by this council may be discharged by it at any time.
  2. Initiate recommendations to the senate and review all proposed changes in the educational and academic policies of the university. In reviewing proposed changes, the council shall:
    1. Receive from the various colleges and schools, pursuant to the exercise of their powers under rule 3335-5-14 of the Administrative Code, proposals for the establishment, alteration or abolition of courses and curricula, of departments, schools, and divisions within a college, and of academic degrees. (See rules 3335-3-37, 3335-8-02, and 3335-8-03 of the Administrative Code);
    2. Receive from the graduate school, pursuant to the exercise of powers conferred upon the research and graduate council by rule 3335-5-35 of the Administrative Code, its proposals for the adoption, alteration or abolition of graduate-credit courses and curricula, and of academic degrees administered by it. (See rules 3335-8-02 and 3335-8-03 of the Administrative Code.)
  3. Upon proposals respecting courses and curricula, the council shall act with finality subject to the rights of the graduate school or of any college to bring the council's decision before the senate for review. With respect to other submissions to it, the council shall make its recommendations to the senate after notice thereof, in at least abbreviated form, has been given in the official bulletin. Failure of the council on academic affairs to act or to submit its recommendations will not deprive the senate of power to review these other submissions.
  4. Foster, as needed for interdisciplinary programs involving two or more academic areas, the establishment of faculty coordinating units reporting to the council. These units shall perform coordinative functions similar to those of the faculty of the college of arts and sciences (see rule 3335-5-27 of the Administrative Code) and shall serve the interdisciplinary interest of academic programs both within and among the several colleges of the university.
  5. Appoint "ad hoc" arbitration committees to help solve problems created by any major reorganization of the academic structure of the university. The role of such committees shall be:
    1. To encourage discussion between and within groups of faculty members of departments or schools when it is apparent that relocation in a different organizational environment is a source of concern to some of these groups;
    2. To hear viewpoints and where necessary to take the lead in the arbitration of problems of individuals or groups who feel their professional development may be adversely affected by the revised organization.
    3. If agreement cannot be reached by consultation or arbitration, an arbitration committee may make a recommendation to the senate through the council on academic affairs on what should be done to solve the problem at issue from the standpoint of what is best for the university.
  6. Review the academic organization of the university at five-year intervals to make certain it is kept as closely attuned as possible to changing needs. Any suggestions for modifications and improvements shall be reported to the senate.
  7. Formulate and announce a procedure to be followed in the establishment, alteration or abolition of courses or curricula.
  8. Review the administration's proposals following the determination of a state of financial exigency as provided under rule 3335-5-02.1 of the Administrative Code.

(C)  Organization.

  1. The chair of the council shall be elected for a one-year term by the council from the membership of the council. The vice chair of the council shall be elected for a one-year term by the council from the membership of the council. The chair (or in that person's absence, the vice chair) shall preside at all meetings of the council.
  2. Reports by the council on academic affairs to the president, other than those made through the senate, shall be made by the chair through the executive vice president and provost.
  3. As a standing committee of the senate, this council is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/5/1988, 11/2/1990, 2/4/1993, 11/4/1994, 4/7/1995, 5/5/1995, 12/1/1995, 5/3/1996, 4/4/1997, 12/4/1998, 5/7/1999, 6/4/2004, 6/7/2005, 2/1/2013, 6/6/2014, 5/31/2019)

 

3335-5-48.2  Council on distance education, libraries and information technology.

(A)  Membership.

The council on distance education, libraries and information technology shall consist of sixteen members.

  1. Eight faculty.
  2. Three students.
    1. One graduate student.
    2. One professional student.
    3. One undergraduate student.
  3. Four administrators (or their designees).
    1. The dean of the graduate school.
    2. The dean of libraries.
    3. The chief information officer.
    4. The associate vice president for distance education.
  4. One staff member, appointed by the university staff advisory committee.

(B)  Duties and responsibilities.

  1. Formulate policies governing the delivery of distance education and educational and research activities and services of libraries and information technology.
  2. Assist in the interpretation of distance education, library, and information technology services to the university community.
  3. Assist in the presentation of major distance education, library and information technology needs to the university administration.
  4. Advise the appropriate administrative office on the appointment of the associate vice president for distance education, the dean of university libraries, and the chief information officer.

(C)  Organization.

  1. The chair shall be elected from among the voting members of the council.
  2. Reports by this council to the president, other than those made through the senate, shall be made through the executive vice president and provost.
  3. As a standing committee of the senate, this council is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/5/1988, 11/2/1990, 2/4/1993, 11/4/1994, 5/3/1996, 4/4/1997, 12/4/1998, 7/12/2002, 6/7/2005, 9/9/2011, 4/4/2014, 5/31/2019, 11/21/2019)

 

3335-5-48.4  Council on student affairs.

(A)  Membership.

The council on student affairs shall consist of twenty-two members.

  1. Six faculty, at least two of whom are members of the senate. The term of service begins in summer session.
  2. Ten students. The term of service begins in summer session.
    1. Three graduate students.
    2. Two professional students.
    3. Four undergraduate students. Two of these students shall have a term of service of one year. Two of these students shall have a term of service of two years, with one student selected each year.
    4. One student from a regional campus selected by the undergraduate student government.
  3. Three staff members, appointed by the vice president for student life. The term of service is one year and begins in summer session.
    1. One non-voting student affairs staff member to act as the secretary for the council. 
    2. A student affairs staff member from a regional campus. 
    3. A college office student affairs staff member. 
  4. Three administrators, non-voting.
    1. The vice president for student life or designee.
    2. The associate vice president for student life for planning and student development.
    3. The director of student activities or designee.
  5. Alternates.

Members of the council on student affairs may have an alternate. The alternate shall be selected in the same manner as the original appointment. The chair has responsibility for recording correct voting status. If the member has voting status, the alternate may vote in the event of the member’s absence.

(B)  Duties and responsibilities.

  1. Initiate recommendations and review proposals with regard to policies which may affect the quality of student life.
  2. Make regulations pursuant to the rules of the university faculty, the bylaws, and the statutes, insofar as they pertain to the quality of student life.
  3. Advise the vice president for student life regarding the programs, services, and activities of the division.
  4. Establish study groups, committees, and other mechanisms as needed to explore issues affecting the quality of student life and make recommendations regarding these issues to the vice president for student life, the senate, and other appropriate groups.
  5. Advise other university departments and administrative units regarding proposed changes within those departments and units that may affect student rights and responsibilities.
  6. Approve policies that govern the registration, rights, privileges, and obligations of student organizations, including but not limited to fraternities and sororities, student publications, and student government. This responsibility may be delegated by the council to appropriate committees or administrative agencies.
  7. Serve as a channel of communication for the work of all other committees, permanent and ad hoc, that address issues within the domain of the council on student affairs and establish mechanisms by which such committees report regularly to the council on student affairs and through it to the university senate.
  8. Conduct periodic reviews of the application of the “Code of student conduct.” Recommend to the senate any proposed changes to the “Code of student conduct.”
  9. Serve as the sole administrative body for any student activity fees. This responsibility may be delegated by the council to appropriate committees or administrative agencies.

(C)   Organization.

  1. The chair shall be elected from among the incoming and continuing student members of the committee during the last meeting of spring semester. For purposes of this election, all incoming and continuing members shall be eligible to vote; incoming and continuing members may choose alternates if necessary.
  2. The council shall establish operating procedures to conduct, in an orderly fashion, the functions of the council.
  3. As a standing committee of the senate, this council is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/5/1988, 11/2/1990, 7/12/1991, 2/4/1993, 7/9/1993, 11/4/1994, 6/2/1995, 5/3/1996, 4/3/1998, 6/4/1999, 6/29/2001, 12/6/2004, 6/4/2004, 3/4/2005, 6/7/2005, 5/14/2010, 6/6/2014, 5/31/2019)

 

3335-5-48.5  Athletic council.

(A)  The athletic council shall consist of sixteen voting members with terms commencing July 1 and completing June 30. Incoming members of the council may attend meetings as non-voting members immediately following appointment.

  1. Eight faculty members. The term of service is four years.
    1. Four faculty members selected by the faculty council.
    2. Four faculty members appointed by the president.
  2. Four students.
    1. One graduate student. The term of service is one year.
    2. One professional student. The term of service is one year. 
    3. Two undergraduate students. The term of service is two years with one student selected each year.
  3. Two alumni designated by the Ohio state alumni association using procedures adopted by that body. The term of service is four years and the terms are staggered so that one member retires every two years.
  4. Two staff members selected by the university staff advisory committee and one by the president. The term of service is four years with one staff member selected every two years.
  5. Five ex-officio non-voting members or their designees.
    1. The director of athletics
    2. The vice president of student life
    3. The faculty athletics representative (FAR)
    4. The director of the student athletics support services office 
    5. The president of the student-athlete advisory council

(B)  Duties and responsibilities.

  1. Develop, subject to the general authority of the president and the board of trustees, policies governing intercollegiate athletics, as the agent of the senate. The senate may hold these policies in review.
    1. These policies shall guide the administration of the program of intercollegiate athletics by the director of athletics, but the athletic council shall not serve in an administrative or executive capacity.
    2. It will consider and establish policy on such matters as the income and expenditures budget, the schedules for seasonal and post-seasonal play in relation to the effect upon the welfare of the athletes, grants and other financial aid to athletes, eligibility of athletes, student grievance procedures and sportsmanship policies related to athletics, awards to athletes, recommended ticket prices, ticket distribution, and public and campus relations of the athletic program.
    3. It will consider and establish standing committees, an executive committee, and ad hoc committees to consider athletic matters raised by any member of the university community.
    4. Its recommendations and decisions on policy shall be reported to the senate and to the department of athletics.
  2. Participate with the president in the selection of a faculty athletics representative (FAR). The FAR shall provide advice and oversight for the intercollegiate athletics program at Ohio state and represent the university and its faculty to the Big10 Conference and the NCAA. The FAR also shall participate in the assurance of academic integrity of the athletics program; monitor the student-athlete experience; participate in the assurance of institutional compliance with NCAA and Big10 conference regulations; and serve as the faculty advisor to the president and the director of athletics concerning the administration of the collegiate athletics program.
    1. When selecting a new FAR, the athletic council shall prepare a list of no fewer than two tenured faculty members who do not hold any position in the Athletics Department from which the president shall select the FAR.
    2. Eighteen months before the June 30 end of the FAR final term, the chair of the athletic council shall appoint a nominating committee which shall inform the university community about the position of FAR and invite applications and nominations. Brief recommendations in writing that state the candidate's qualifications for the position are submitted to the nominating committee by any member of the university community. Applications and nominations shall be due in accordance with a schedule established by the nominating committee. Every reasonable effort shall be made to present qualified candidates for vote by the athletic council on or before June first.
    3. Final approval of the names submitted to the president shall be made by a 2/3 majority of the voting membership of the athletic council. The list shall be presented to the president and every reasonable effort shall be made to appoint the FAR-elect on or before July 1 to allow one year of shadowing and transition between FAR-elect and incumbent. The FAR-elect takes office one year after appointment on July 1.
    4. The FAR-elect shall shadow the incumbent FAR on selection and attend all meetings without voting rights until their respective terms begin and end on July 1.
    5. The FAR term is four years beginning July 1. Reappointment for no more than two additional four-year terms is permissible. If an incumbent FAR is eligible for and desires reappointment, at least eighteen months prior to expiration of the term the athletic council shall complete a review of the incumbent's performance. If two-thirds of voting members are in favor of reappointment and the president concurs the FAR shall be reappointed. Otherwise the athletic council shall immediately prepare a list for the president following (B)(2)(a) through (d) of this rule
    6. The FAR is an ex-officio non-voting member of the athletic council. The chair of the athletic council or faculty designee shall serve as the FAR with full voting privileges at NCAA, Big10, and other conference meetings if the FAR is unavailable.
    7. In the event that the FAR does not complete a full term the FAR-elect shall complete the term. The completion of a term does not constitute a four-year term for purposes of the three-term limit in paragraph (B)(2)(e) of this rule. If there is no FAR-elect the chair of the athletic council or designee shall serve as the interim FAR until the appointment of a FAR-elect. Upon notice of a vacancy the athletic council shall immediately prepare a list for the president following (B)(2)(a) through (d) of this rule.

(C)  Organization.

  1. Reports by the athletic council to the president, other than those made through the senate, shall be made through the director of athletics.
  2. As a standing committee of the senate, this council is governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 7/11/1986, 2/5/1988, 7/12/1991, 2/4/1993, 7/8/1994, 11/4/1994, 7/7/1995, 5/3/1996, 4/4/1997, 4/3/1998, 6/1/2001, 7/11/2003, 6/7/2005, 6/18/2010, 6/6/2014, 5/31/2019, 6/3/2020)

 

3335-5-48.6  Council on enrollment and student progress.

(A)   Membership.

The council on enrollment and student progress shall consist of nineteen members.

  1. Ten faculty.
    1. Seven faculty selected by the executive committee of faculty council.
    2. Three faculty appointed by the president.
  2. Six students.
    1. Two graduate students.
    2. Two professional students.
    3. Two undergraduate students.
  3. One staff member, appointed by the university staff advisory committee.
  4. Two administrators. Non-voting, appointed by the executive vice president and provost, non-voting, to serve as administrative liaison for the council.

(B)  Duties and responsibilities.

  1. Initiate recommendations and review proposals with regard to policies which affect the characteristics of the student body. The council shall address issues with regard to enrollment planning for undergraduate, graduate, and professional student enrollment. In addition, the council shall address issues related to undergraduate students in regard to recruitment, competitive admissions, intra-university transfers, financial aid, and retention, and coordinate any resulting actions with issues concerning graduate and professional students. Recommendations and advice will be provided to appropriate administrators and offices.
  2. Initiate recommendations and review proposals with regard to policies which affect the processes by which undergraduate students enroll, register, and carry out other administrative functions related to the completion of their coursework and/or degree requirements. Recommendations and advice shall be provided to appropriate administrators and offices.
  3. Initiate recommendations and review proposals with regard to policies and procedures pertinent to students' passage through the institution, including, but not limited to, the university calendar, student records, approval of transfer credit, and semester, summer term, or session-end validation procedures.
  4. Encourage the collection of data and participate in the analysis of data which will support the development of informed policies on issues within the council's domain and include a summary of such data in the annual report to the senate.
  5. Serve as a channel of communication for the work of all other committees, permanent and ad hoc, which address issues within the domain of the council of enrollment and student progress and establish regular mechanisms by which such committees report regularly to the council on enrollment and student progress and through it to the university senate.

(C)  Organization.

  1. The chair and chair-elect shall be elected from among the voting members. The chair-elect shall serve as vice chair.
  2. Reports by this council to the president, other than those made through the senate, shall be made through the executive vice president and provost.
  3. As a standing committee of the senate, this council is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 7/11/1986, 6/5/1987, 2/5/1988, 7/8/1988, 11/2/1990, 7/12/1991, 2/4/1993, 3/12/1993, 11/4/1994, 5/3/1996, 4/4/1997, 12/4/1998, 6/7/2005, 5/14/2010, 2/10/2012, 4/7/2017, 5/31/2019)

 

3335-5-48.7  Committee on academic misconduct.

(A)  Membership.

The committee on academic misconduct shall consist of forty-six members.

  1. Twenty-four faculty. Faculty members are eligible for reappointment, but may not serve more than two consecutive terms.
  2. Twenty students.
    1. Ten graduate students.
    2. Ten undergraduate students. The term of service shall begin with the summer term.
  3. Two administrators.
    1. The vice president of student life or designee, non-voting.
    2. A coordinator, appointed by the executive vice president and provost, who shall not participate in the decisions of the committee.
  4. Alternate members.

Faculty and students who have been regular members of the committee during the previous three years shall be eligible to be alternate members, providing they remain at the university in their same category.

(B)  Duties and responsibilities.

  1. Investigate or establish procedures for the investigation of all reported cases of student academic misconduct, with the exception of cases in a professional college having a published honor code, and decide upon suitable disciplinary action. (The term "academic misconduct" is defined in paragraph (A) of rule 3335-23-04 of the Administrative Code.) Instructors shall report all instances of alleged academic misconduct to the committee.
  2. Investigate all cases of lax or irregular methods of conducting examinations that might tend to promote academic misconduct on the part of students, with the exception of cases in a professional college having a published honor code. The committee shall report its findings in these cases to the executive vice president and provost.
  3. Serve as a consultant on questions of academic misconduct for any professional college having a published honor code. (Note: this committee shall not have jurisdiction over cases involving student academic misconduct in professional colleges having published honor codes. These colleges shall follow their own codes in investigating reported cases of academic misconduct and in determining suitable disciplinary action. When the action taken involves suspension, dismissal, or entry on the student's permanent record, a recommendation to that effect shall be made to the executive vice president and provost for review and action.)

(C)  Organization.

  1. The committee on academic misconduct is authorized to:
    1. Establish panels of its members which will conduct hearings and make decisions with the same authority as the committee itself;
    2. Establish rules and procedures to conduct hearings, including the definition of a quorum.
  2. If the caseload of the committee should from time to time become such that cases cannot be set for hearing within four weeks (excluding periods of examinations or between vacations and recesses between semesters, terms, or sessions), the chair shall be empowered to ask alternate members to serve voluntarily and temporarily as members of hearing panels.
  3. As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/5/1988, 11/2/1990, 7/12/1991, 2/4/1993, 11/4/1994, 5/3/1996, 4/4/1997, 4/3/1998, 6/1/2001, 6/7/2005, 5/14/2010, 6/6/2014, 4/7/2017, 5/31/2019)

 

3335-5-48.8  Committee on honorary degrees.

(A)  Membership.

The committee on honorary degrees shall consist of seven tenure-track faculty members. There shall be no more than two faculty members from the same college. The term of service is five years.

(B)  Duties and responsibilities.

  1. Establish definite standards of scholarly attainment or of the distinctive applications of such attainment in the service of society by which to judge the qualifications for this honor.
  2. Establish procedures for the nomination of potential candidates for honorary degrees.
  3. Receive nominations concerning persons who might be considered for an honorary degree.
  4. Review thoroughly the achievements and qualifications of all persons nominated.
  5. Report to the university senate for its consideration and action such persons as have received no fewer than four affirmative votes from the committee membership.
  6. Keep all deliberations and votes confidential except where publication is necessary for official purposes.
  7. Deliver the full dossier of each candidate and the nomination report of the committee on honorary degrees to the secretary of the university senate who shall distribute the nomination report to all members of the university senate.
    1. This report shall include a statement that conveys the committee's rationale for the nomination, pertinent details concerning the qualifications of the candidate, and the name of the sponsoring department or academic unit.
    2. A ballot shall be attached to the nomination report and shall be returned to the secretary of the university senate within a time prescribed on the ballot, but in no case less than two weeks from the date that the committee report is distributed.
    3. The secretary of the university senate shall transmit to the president the nominations, together with the appropriate section of the reports from the committee on honorary degrees, for those candidates who are endorsed by a majority of the ballots cast by the members of the university senate.

(C)  Organization.

  1. The executive vice president and provost, or designee, shall serve as liaison between this committee and the president.
  2. As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 4/3/1987, 2/5/1988, 4/7/1989, 11/2/1990, 2/4/1993, 11/4/1994, 4/4/1997, 7/11/2003, 6/7/2005, 6/6/2014)

 

3335-5-48.9  Committee on academic freedom and responsibility.

(A)  Membership.

The committee on academic freedom and responsibility shall consist of eight members during autumn and spring semesters and ten members from May to the beginning of autumn semester.

  1. Seven faculty, at least four of whom are members of the senate or members-elect at the time of their selection by the faculty council. The term of service begins in the summer term following election and extends through the summer term following the third year of service.
  2. One graduate teaching, research, or administrative associate.

(B)  Duties and responsibilities.

  1. Study all conditions which may affect the academic freedom or responsibility of the faculty of the university, including, but not limited to:
    1. the review of proposed changes in Chapter 3335-6 of the Administrative Code Rules of the University Faculty Concerning Faculty Appointment, Reappointments, Promotion and Tenure; and
    2. such changes in the Office of Academic Affairs Policies and Procedures Volume 3 Promotion and Tenure as may impinge upon academic freedom, responsibility, or tenure. If the committee finds that any such condition or proposed change adversely affects academic freedom, responsibility, or tenure, it shall report that finding promptly to the senate for its review.
  2. Hear and investigate complaints by individual faculty members concerning alleged infringements upon academic freedom or responsibility in the university; report findings and recommendations to the parties involved with the hope of mediating a dispute and report to the senate if further action by the senate is appropriate.
  3. Hear and investigate complaints by individual faculty members concerning alleged improper evaluation under the procedures of rule 3335-5-05 of the Administrative Code.

(C)  Organization.

  1. A quorum consists of four members.
  2. As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.
  3. Graduate Student member is recused in cases pertaining to Promotion and Tenure of faculty members.

(Board approval dates: 5/1/1986, 2/5/1988, 2/4/1993, 11/4/1994, 5/3/1996, 7/11/1997, 6/4/2004, 6/7/2005, 6/22/2012, 6/6/2014, 5/31/2019)

 

3335-5-48.10  Faculty hearing committee.

(A)  Membership.

The faculty hearing committee shall consist of twenty-four tenured members of the faculty selected by the faculty council. Each elected person shall serve a four-year term as a regular member followed by a one-year term as an alternate member.

(B)  Duties and responsibilities.

  1. Conduct hearings on appeals by respondents charged under rule 3335-5-04 of the Administrative Code following the procedures of paragraph (H) of this rule.
  2. Conduct hearings on complaints of alleged improper evaluation based upon reasons or considerations that infringe a constitutional right of the complainant following procedures of paragraph (C)(4) of rule 3335-5-05 of the Administrative Code.
  3. Conduct hearings on allegations of improper evaluation based upon inadequate consideration of the pertinent facts by the individual(s) making the decision following procedures of paragraph (C)(5) of rule 3335-5-05 of the Administrative Code.
  4. Conduct hearings on an appeal of a tenured, non-probationary clinical/teaching/practice, or research faculty member because of termination of appointment during financial exigency following procedures of paragraph (B) of rule 3335-5-02.3 of the Administrative Code.

(C)  Organization.

  1. The chair shall select three members of the committee to sit on each hearing panel. If disqualifications or case loading should require their service, alternates may be assigned to hearing panels.
  2. The chair of the hearing committee shall rule on any objection by any party to the proceedings that a member of the panel should be replaced because of a relationship to one of the parties, a prior or current involvement with the facts or issues, or personal bias which may introduce prejudice.
  3. A panel member or alternate may recuse himself or herself for any of the reasons stated in paragraph (C)(2) of rule 3334-5-48.10 of the Administrative Code.
  4. A hearing panel shall select as presiding officer who shall have responsibility to direct the proceedings of the panel, and to advise panel members on such university rules and procedures as the panel members may deem necessary. The presiding officer shall be a member of the panel and faculty hearing committee.
  5. As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/5/1988, 2/3/1989, 2/4/1993, 11/4/1994, 2/29/1996, 5/3/1996, 2/7/1997, 6/7/2005, 9/9/2011, 11/09/2012, 6/6/2014, 5/31/2019)

 

3335-5-48.11  Fiscal committee.

(A)  Membership.

The fiscal committee shall consist of twenty-six members.

  1. Nine faculty members.
    1. Eight faculty, at least one of whom is a department chair, and at least two of whom are members of the senate, selected by the faculty council.
    2. One faculty appointed by the president.
  2. Six students. The term of service is two years.
    1. One graduate student.
    2. One professional student.
    3. Four undergraduate students at least two of whom are members of the senate.
  3. Three staff members. The term of service is three years.
    1. Two staff members with extensive fiscal and budgetary experience and expertise, one selected by the faculty council in consultation with the university staff advisory committee, and one selected by the executive deans in consultation with the senior fiscal officers.
    2. One staff member appointed by the president.
  4. Eight administrators.
    1. Two central administration officials appointed by the president. These members are non-voting.
    2. The four executive deans.
    3. The executive vice president and provost, or designee. This member is non-voting.  
    4. The senior vice president and chief financial officer, or designee. This member is non-voting.

(B)  Duties and responsibilities.

The committee shall have full access to all fiscal documentation necessary to perform the following functions:

  1. Review, on a continuing basis, the fiscal policies and resources of the university;
  2. Advise the president on the alternatives and strategies for the long-term and short-term allocation of university resources consistent with maintaining the missions of the university;
  3. Analyze resources and budgets from an overall university-wide perspective;
  4. Analyze resources and budgets in detail for centrally supported vice presidential units;
  5. Advise the president, in the event of an imminent financial crisis, whether a determination of financial exigency is warranted; and
  6. Report annually to the faculty council and the senate on the budgetary and fiscal condition of the university.

(C)  Organization.

  1. The committee shall annually elect a chair from its faculty membership.
  2. As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/5/1988, 2/4/1993, 11/4/1994, 5/3/1996, 7/12/2002, 6/7/2005, 6/2/2006, 6/22/2012, 6/6/2014, 6/3/2016, 5/31/2019)

 

3335-5-48.12  Faculty compensation and benefits committee.

(A)  Membership.

The faculty compensation and benefits committee shall consist of fifteen members.

  1. Twelve faculty, at least two of whom are members of the senate.
  2. Two administrators.
    1. The executive vice president and provost, or designee.
    2. The vice president for human resources, or designee.
  3. An emeritus member from the tenure-track faculty appointed annually by the president in consultation with the Ohio state university retirees association.
  4. Additional non-voting members and consultants from the university, serving at the discretion of the voting members of the committee.

(B)  Duties and responsibilities.

Study the adequacy and other attributes of the university's policies and provisions for:

  1. Salaries, outside professional services and supplemental compensation;
  2. Retirement benefits, hospitalization and medical insurance and other health benefits, life insurance, other insurance, travel reimbursement, educational benefits, recreational benefits, and other perquisites, benefits, and conditions of faculty employment.

(C)  Organization.

  1. The committee shall designate two standing subcommittees to concentrate, respectively, on:
    1. Faculty salaries and related matters;
    2. Faculty benefits.
  2. As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/5/1988, 11/2/1990, 7/12/1991, 2/4/1993, 11/4/1994, 4/4/1997, 12/4/1998, 6/7/2005, 2/1/2013, 6/6/2014, 5/31/2019)

 

3335-5-48.14  University research committee.

(A)  Membership.

The committee shall consist of twenty-one voting and four non-voting members.

  1. Fifteen faculty members drawn from no less than eight colleges. Faculty with joint appointments across colleges may be chosen to represent either college. The term of service is three years.
    1. Eleven faculty members appointed by the executive committee of faculty council, at least three of whom are members of the senate and at least one of whom is a distinguished university professor or Ohio eminent scholar or National Academy member, and at least two of whom are non-tenure-track (clinical, research faculty).
    2. Four faculty members appointed by the president.
  2. One research scientist, or comparable staff member engaged in research, appointed by the vice president for research. The term of service is three years.
  3. Four students appointed by the respective governing bodies to one-year terms.
    1. Two graduate students.
    2. One undergraduate student.
    3. One professional student.
  4. One post-doc appointed by the Ohio state university postdoctoral association (OSU PDA). The term of service is one year.
  5. Four non-voting ex-officio members or designees.
    1. The senior vice-president for research.
    2. The dean of the graduate school.
    3. The senate fiscal committee chair.
    4. One post-doc appointed by the OSU PDA.
  6. The committee may vote to add any individual to a non-voting advisory role on an annual basis.

(B)  Duties and responsibilities.

  1. Encourage and stimulate scholarly research and creative activity and foster a close relationship between education and scholarly research.
  2. Advise the vice president for research.
  3. Review, on a continuing basis, the policies and practices governing the conduct of research and scholarly activity.
  4. Coordinate with the governing bodies of the graduate school and with the office of undergraduate research.
  5. Make recommendations concerning the establishment, affiliation or abolition of centers or comparable organization that are primarily engaged in research.
  6. Collaborate in reviews of the budget of the office of research undertaken by the senate fiscal committee.

(C)  Organization.

  1. The committee shall annually elect a chair from its regular faculty membership in the spring semester preceding the academic year of service for no more than three consecutive one-year terms.
  2. As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 6/7/1991, 11/4/1994, 5/3/1996, 5/3/2002, 5/7/2004, 6/7/2005, 7/13/2007, 5/14/2010, 6/6/2014, 5/31/2019)

 

3335-5-48.15  Council on the physical environment.

(A)  Membership.

The council on the physical environment shall consist of sixteen members.

  1. Seven faculty members.
    1. Five faculty members selected by the faculty council.
    2. Two faculty members appointed by the president.
  2. Four students.
    1. One graduate student.
    2. One professional student.
    3. Two undergraduate students, one representing on-campus students and one representing off-campus students.
  3. Two staff members appointed by the steering committee upon the recommendation of the staff advisory committee. The term of service is three years.
  4. Three administrators, non-voting.
    1. The senior vice president for administration and planning or designee.
    2. The senior vice president for business and finance or designee.
    3. The executive vice president and provost or designee.

(B)  Duties and responsibilities.

  1. Take a broad and encompassing perspective on the physical environment of the university as it affects the academic enterprise and quality of life for the university community. Propose policies, review and recommend action regarding proposed major projects, and consult with university administration about matters within its domain.
    1. Teaching and learning environment: adequate classroom and teaching laboratory space; priorities for new construction to advance the academic enterprise; and priorities for renovation of academic facilities, especially classrooms and teaching laboratories.
    2. Movement around campus: policies and projects to ease movement around campus by all relevant means, including but not limited to pedestrian, bicycle, motorized traffic, and mass transportation; policies and proposals concerning parking, public safety including institutional security, fire safety, risk reduction, and personal safety.
    3. The campus and the university district environment: activities undertaken to facilitate campus master planning and to implement the plans adopted; initiatives undertaken to advance the objectives of improving conditions in the university district, and activities of affiliated entities to promote these initiatives.
  2. Recommend items for senate action, review matters within its purview, hear periodic reports from relevant university organizations and administrative offices, and report annually to the senate.

(C)  Organization.

  1. The committee shall elect a chairperson from among its voting members. A chairperson shall serve a one-year term, and no more than one additional one-year term if reelected.
  2. As a standing council of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/1/1986, 2/4/1994, 11/4/1994, 2/3/1995, 6/2/1995, 5/3/1996, 6/4/1999, 6/7/2005, 6/6/2014, 5/31/2019)

 

3335-5-48.16  Diversity committee.

(A)  Membership.

The diversity committee shall consist of seventeen members.

  1. Nine faculty.
    1. Six faculty selected by the faculty council.
    2. Two faculty appointed by the president.
    3. The past-chair of the committee, non-voting.
  2. Three students.
    1. One graduate student.
    2. One professional student.
    3. One undergraduate student.
  3. Three staff members.
    1. Two staff members selected by the university staff advisory committee. The term of service is three years.
    2. One staff member appointed by the president. The term of service is three years.
  4. Two administrators, non-voting.
    1. The executive vice president and provost or designee.
    2. The associate vice president for human resources or designee.

(B)  Duties and responsibilities.

The committee shall study issues that relate to the implementation of the university nondiscriminatory policy. It shall recommend policies that foster an environment of civility, tolerance, and mutual respect. It shall perform the following functions with appropriate administrative support from the office of academic affairs and the office of human resources.

  1. Study and evaluate issues affecting diversity from an overall university perspective.
  2. Be informed on external requirements on the university affecting diversity.
  3. Advise the president, the executive vice president and provost, the associate vice president for human resources, and the vice president for student life about the institutional climate, policies, and priorities for ensuring justice, fairness, and equitable treatment to all members of the university.
  4. Educate and inform the university community on issues of diversity, including the letter and spirit of all Ohio and federal rules regarding members of protected classes.
  5. Oversee administration of university affirmative action grants and awards.
  6. Report annually to the university senate.

(C)  Organization.

  1. The committee shall elect a chair from among its voting members.
  2. As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 7/12/1996, 4/3/1998, 12/4/1998, 6/1/2001, 7/6/2005, 5/14/2010, 6/6/2014, 5/31/2019)

 

3335-5-48.17  Committee for evaluation of central administrators.

(A)  Membership.

The committee for evaluation of central administrators shall consist of eight members.

  1. Six tenured faculty members appointed in the spring by the president from a slate nominated by the executive committee of faculty council.
    1. The term of service is three years. Members shall not be reappointed to a second term until they have been off the committee for at least two years, except that a member may be reappointed immediately if that person was appointed to fill a vacant position with a remaining term of less than two years.
    2. A chair will be elected each spring from among the faculty members serving on the committee.
  2. Two administrators, appointed by and serving at the pleasure of the president. The term of service is three years.

(B)  Duties and responsibilities.

  1. During spring semester, the executive committee of faculty council, on behalf of the steering committee, shall meet with the president and provost to identify two central administrators for review. All senior central administrators, such as vice provosts and members of the president’s council, are eligible to be reviewed.
  2. The review panels shall be responsible for evaluating the effectiveness of the central administrator and the office in carrying out the responsibilities of the office. The review will begin no later than the start of autumn semester of the following academic year, and finish no later than the end of December.
  3. The review panel will, after its review and evaluation, present a written report to the president and provost. The review panel will also send a copy of the written report to the person being reviewed and will inform the steering committee that the review process has been completed.
  4. The chair of the committee shall monitor the activities of the review panels and advise the review panels on matters of procedure.

(C)  Organization of review panels.

In the spring preceding the academic year in which the review is to be conducted, the committee shall organize itself into two review panels, each review panel to be organized as follows:

  1. Three faculty members from the committee, one of whom is designated by the president or provost, in consultation with the committee chair, as chair of the review panel.
  2. One administrator from the committee.
  3. One student member appointed by the provost if a vice provost or senior vice provost is under review or by the president if a vice president or senior vice president is being reviewed.
  4. One staff member appointed by the provost if a vice provost or senior vice provost is under review or by the president if a vice president or senior vice president is being reviewed.
  5. One to three additional faculty members, if needed, nominated by the committee chair and appointed by the president or provost after consultation with the committee.

(Board approval dates: 2/7/2003, 6/7/2005, 5/14/2010, 9/9/2011, 6/6/2014)

 

3335-5-48.18  Graduate associate compensation and benefits committee.

(A)  Membership.

The graduate associate compensation and benefits committee shall consist of eleven voting members.

  1. Six funded graduate students, one of whom preferably will be a member of the graduate council and one of whom must be a member of the university senate. Each shall have a term of service of one year with reappointment to consecutive terms encouraged.
    1. There shall be at least one current or former graduate teaching associate.
    2. There shall be at least one current or former graduate research associate.
    3. There shall be at least one current or former graduate administrative associate.
    4. There shall be at least one current or former fellowship recipient.
  2. Two faculty.
    1. One faculty member from, and selected by, the graduate council.
    2. One faculty member, who is also a senator, selected by the executive committee of faculty council.
  3. Three administrators.
    1. The dean of the graduate school, or designee.
    2. The vice president for human resources, or designee.
    3. The vice president for research, or designee.
  4. One department, school, center or college-level staff member with extensive fiscal and budgetary experience and expertise, selected by the executive deans in consultation with the senior fiscal officers, non-voting.
  5. Additional non-voting members and consultants from the university, serving at the discretion of the voting members of the committee.

(B)  Duties and responsibilities.

  1. Study the adequacy and other attributes of the university's policies and provisions including stipends, outside professional services, and supplemental compensation.
  2. Conduct research and provide advice on economic support of graduate associates, professional development, quality and design of benefit programs, and appointment terms.
  3. Make recommendations to the university senate, the graduate council, the graduate school, and the office of academic affairs as appropriate.

(C)  Organization.

  1. The committee shall annually elect a chair from its regular student membership.
  2. As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval dates: 5/6/2005, 4/6/2007, 2/10/2012)

 

3335-5-48.19  Committee on intellectual property, patents, and copyrights.

(A)  Membership. The committee on Intellectual Property, Patents, and Copyrights shall consist of eleven members.

  1. Eight faculty members: four tenured faculty, two probationary tenure-track faculty, and two non-tenure track faculty from any of the categories. Each member is to serve three years with one-third of the members rotating off each year.
    1. Five faculty members appointed by the executive committee of faculty council.
    2. Three faculty members appointed by the university president in consultation with faculty leadership.
  2. One graduate student.
  3. Two administrators (or their designees).
    1. The vice president for technology commercialization.
    2. The vice president for research.

(B)   Duties and responsibilities.

  1. Review, recommend, and advise the university senate on matters relating to the university policy on intellectual property, patents, and copyright and faculty rules 3335-13-06 and 3335-13-07 of the Administrative Code.
  2. Convene at least twice per year to review the procedures used in implementing and administering the university policy on intellectual property, patents and copyrights, and where deemed necessary, develop and recommend changes in standards and procedures to the vice president for technology commercialization, the vice president for research, the executive vice president and provost, and other appropriate officers of the university.
  3. Consult with the vice president for technology commercialization, the vice president for research when requested.
  4. Serve as a board to which a researcher may appeal actions of the vice president for technology commercialization, subject to appropriate review of the standards and procedures contained in the policy on patents and copyrights.

(C)   Organization.

  1. The chair shall be elected from among the continuing faculty members of the committee each spring.
  2. As a standing committee of the senate, this council is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(Board approval date: 4/4/2014)

 

3335-5-49  Other committees of the university.

(A)  Other committees of the university may be designated by the board of trustees or, subject to the approval of the board of trustees, the president or university senate. These committees shall have no direct affiliation with the senate.

(B)  Unless otherwise specified by rule, the president shall appoint the members of these committees.

(Board approval date: 5/1/1986)

 

3335-5-49.4  Ohio faculty council.

(A)  The university's representation to the Ohio faculty council (OFC) shall be the chair of faculty council and the chair-elect of faculty council. The chair of the university senate steering committee and the secretary of the university senate shall serve as alternates.

(B)  The representatives to the OFC shall report annually to the senate.

(Board approval dates: 7/10/1987, 5/5/1988, 11/4/1994, 3/5/1999)