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:

(a)  Review the budgetary documentation of the crisis, having full access to that documentation.

(b)  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.

(c)  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.

(d)  Ascertain the extent to which voluntary retrenchment mechanisms, including early retirement or resignation or other economic incentive plans, would alleviate the crisis.

(e)  Make a recommendation based upon the above considerations of the need for a determination of financial exigency.

(f)  Report the results of its deliberations to the university senate.

(g)  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:

(a)  Obtain explanations of the proposals or provisions thereof;

(b)  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:

(a)  Consider alternatives to those proposals which would result in involuntary termination of tenured faculty members or tenure track faculty members in the probationary period;

(b)  Determine that the proposals are consistent with established educational and academic policies of the university;

(c)  Determine that there has been appropriate consultation with administrators, faculty, and students in the preparation of the proposals;

(d)  Determine the extent to which the proposals affect the affirmative action commitment of the university;

(e)  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;

(f)  Determine that the reassignment, economic incentive, and retraining provisions under rule 3335-5-02.2 of the Administrative Code have been considered;

(g)  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:

(a)  A college, school, department, division, or instructional unit headed by an academic administrator;

(b)  A research or service unit, (which may or may not educate students) headed by an academic administrator;

(c)  A coherent set of courses, or program of study, which leads to an academic degree; or

(d)  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 ademic 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:

(a)  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.

(b)  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.

(c)  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.

(d)  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, 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)

 

3335-5-04  Hearing procedures for complaints against faculty members.

(A)  Definitions and construction.

(1)  This rule shall apply to all formal complaints of misconduct against faculty members as defined in Chapter 3335-5 of the Administrative Code. Complaints may be filed under this rule against administrators who hold faculty appointments.

(2)  As appropriate, department chairs, deans, or the executive vice president and provost (hereinafter "provost") will attempt, through the use of informal consultation, to resolve complaints to their satisfaction and that of the complainant, and the faculty member against whom the complaint is made (hereinafter "respondent").

(3)  Gross incompetence is defined as conduct that reflects gross indifference or consistent failure to satisfactorily perform faculty obligations. Allegations of gross incompetence shall be judged on the basis of a faculty member’s serious failure to meet his or her obligations as a faculty member.

(4)  Grave misconduct is defined as flagrant, egregious, and willful misbehavior in violation of the law or established university rules or policies. Allegations of grave misconduct shall be judged on the basis of acts or omissions which seriously impair the effectiveness of a faculty member to meet his or her obligations as a faculty member.

(5)  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.

(6)  Research misconduct is defined as fabrication, falsification or plagiarism in proposing, performing, or reviewing research, or in reporting research results. A finding of research misconduct requires: a) that there be a significant departure from accepted practices of the relevant research community; and b) the misconduct be committed willfully, knowingly, or recklessly. Research misconduct does not include honest error or differences of opinion.

(7)  Department chairs, deans, or the provost shall not act in their administrative capacities in the consideration of any complaint naming them as respondent. If a complaint names a department chair or a dean as respondent, the 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 chair of the steering committee of the university senate shall perform the responsibilities of this official under this rule.

(8)  All records of proceedings under this rule shall be maintained in the office of academic affairs. Such records shall remain confidential to the extent permitted by law.

(9)  At the time of their initial appointment and when they receive their annual review, faculty members shall be given notice of their right to review their personnel file maintained by their tenure initiating unit (hereinafter "primary personnel file"). A member of the faculty may place in his or her primary personnel file a response to any evaluation, comment or other material contained in the file.

(10)  Documents related to the performance of a faculty member which are received by his or her tenure initiating unit prior to the filing of a complaint may not be introduced in proceedings under this rule unless they have been placed in the faculty member's primary personnel file, and the faculty member has been so informed, or copies have otherwise been provided to the faculty member.

(11)  The designation "department chair" in this rule includes division chair, school director, deans of colleges without departments, and regional campus deans and directors.

(12)  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.

(13)  If at any time the provost determines that a faculty member poses a clear and present danger to persons or property, the provost may temporarily and immediately reassign the faculty member or, in the event of allegations of nontrivial financial fraud, suspend the faculty member with pay pending completion of investigation of a complaint under this rule. The provost shall be responsible for assuring that a complaint is filed promptly.

(14)  Respondents shall be given written notice of decisions required by this rule. Any notice shall be sent by certified mail, and a copy shall be sent by regular mail. 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.

(15)  Complainants shall be given written notice of decisions of the department chair and the dean, and the final disposition of the case. Any notice shall be sent by certified mail, and a copy shall be sent by regular mail.

(B)  Initial proceedings.

(1)  A complaint may be filed by any student or university employee.

(2)  The complaint shall be set forth in writing. A copy shall be furnished to the respondent by the administrator with whom the complaint is filed.

(3)  A complaint shall state facts to support an allegation that a faculty member has failed to meet his or her obligations as a faculty member, has committed acts or omissions which otherwise impair his or her effectiveness in meeting these obligations, has engaged in grave misconduct, research misconduct, has committed nontrivial financial fraud, or has otherwise violated university rules.

(4)  Only allegations stated in the complaint shall be considered at the various stages of deliberation.

(5)  A complaint may be filed with a department chair, a dean, the provost or the president. If a complaint is filed with the dean, provost, or president, it shall be immediately referred to the appropriate department chair for initial review. A complaint against a faculty member in a college without departments shall be referred directly to the dean of the college. If a complaint is filed against a regional campus faculty member, the regional campus dean shall serve jointly with the department chair in the initial review. The regional campus dean and the department chair must agree that there is probable cause for the case to go forward.

(C)  Review by the department chair.

(1)  The department chair shall review the allegations in the complaint and discuss the matter with the complainant and with the respondent.

(2)  If the chair determines that there is probable cause to believe that the allegations are true and that it is not appropriate to reach an informal resolution, the chair shall refer the matter to the dean.

(3)  If the chair determines that there is not probable cause to believe that the allegations are true, the chair shall dismiss the complaint. In this event, the complainant may appeal the dismissal to the dean. The appeal must be in writing and must be filed with the dean within twenty-one days after the notice of the chair's decision was mailed. In the event of an allegation of grave misconduct, research misconduct, or nontrivial financial fraud, the chair shall refer the matter to the dean.

(4)  The chair shall make every effort to complete the review in fourteen days.

(D)  Review by the dean.

(1)  Upon receipt of an appeal or a referral of a complaint from a department chair, the dean shall review the allegations in the complaint and discuss the matter with the complainant and the respondent.

(2) If the dean determines that there is probable cause to believe that the allegations are true and that it is not appropriate to reach an informal resolution, the dean shall refer the matter to the college investigation committee.

(3)  If the dean determines that there is not probable cause to believe that the allegations are true, the dean shall dismiss the complaint. The proceedings shall terminate at this point except in cases involving faculty members in colleges without departments or in the event of an allegation of grave misconduct, research misconduct, or nontrivial financial fraud. In the case of colleges without departments, the complainant may appeal a dismissal by the dean to the college investigation committee. The appeal must be in writing and must be filed with the dean within twenty-one days after the dean's decision was mailed to the complainant. Upon receipt of an appeal the dean shall immediately forward the appeal to the college investigation committee, which shall proceed in accordance with paragraph (E) of this rule. In the case of a allegation of grave misconduct, research misconduct, or nontrivial financial fraud, the matter shall be forwarded to the college investigation committee.

(4)  The dean shall make every effort to complete the review in fourteen days.

(E)  The college investigation committee.

(1)  Each college shall establish a procedure for the creation of a standing college investigation committee, which shall consist of tenured faculty members. A college may include on its college investigation committee tenured faculty members from other colleges.

(2)  Upon receipt of a referral of a complaint from the dean, the college investigation 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 by the complainant. The committee may also obtain relevant information from other persons, but shall protect the confidentiality of the proceedings. At the conclusion of its investigation, the committee shall deliver to the dean its findings, a recommendation concerning the merits of the complaint and, if the complaint is judged to have merit, a proposed sanction. Findings of the committee shall be based on clear and convincing evidence.

(3)  Any proposed sanctions shall be commensurate with the nature of the complaint. Sanctions of a continuing nature must include time limitations and an annual review. Sanctions include but are not limited to:

(a)  Verbal reprimand;

(b)  Written reprimand;

(c)  Mandatory counseling or other rehabilitation;

(d)  Reimbursement for damages to or destruction of university property, or for misuse or misappropriation of university property, services or funds;

(e)  Reassignment of duties or other restrictions on duties or privileges;

(f)   Restriction of access to university property or services, the abuse of which led to the complaint;

(g)  Reduction of salary base not to exceed thirty-three percent for one-year;

(h)  Reduction of twelve-month appointment to nine-month appointment;

(i)   Combination of above sanctions;

(j)   Dismissal of non-tenured faculty; and

(k)  Dismissal of tenured faculty.

(4)  The committee may recommend termination of employment of tenured faculty members only in demonstrated cases of gross incompetence, grave misconduct, research misconduct, or nontrivial financial fraud.

(5)  The committee shall make every effort to complete its investigation and submit its report within forty-five days.

 (F)  Decision by the dean.

(1)  After reviewing the report and recommendation of the college investigation committee, the dean may:

(a)  Dismiss the complaint;

(b)  Uphold the committee's recommendation and proposed sanction;

(c)  Uphold the committee's recommendation with what would reasonably be interpreted as an equivalent or lesser sanction.

(2)  If the college investigation committee has recommended a sanction other than termination of employment, the dean may not increase the sanction to termination of employment except in the case of grave misconduct, research misconduct, or nontrivial financial fraud

(3)  The dean shall make a decision in thirty days.

(4)  Except in the case of grave misconduct, research misconduct, or nontrivial financial fraud, if the dean dismisses the complaint, the proceedings shall be terminated and the matter closed. The dean shall refer all cases of grave misconduct, research misconduct, and nontrivial financial fraud, to the provost.

(5)  The respondent may appeal any decision or sanction to the provost.

(6)  An appeal by the respondent must be in writing and must be filed with the provost within twenty-one days after notice of the dean's decision was mailed.

(G)  Review of appeals by the executive vice president and provost.

(1)  After reviewing the record of a case appealed by a respondent or referred by the dean, the executive vice president and provost may:

(a)  Dismiss the complaint;

(b)  Uphold the dean's decision and proposed sanction;

(c)   phold the dean's decision with what would reasonably be interpreted as an equivalent or lesser sanction.

(d)  In the case of grave misconduct, research misconduct, or nontrivial financial fraud, increase the sanction.

(e)  In the case of grave misconduct, research misconduct, ornontrivial financial fraud, reverse the dean’s decision and impose a sanction.

(2)  The executive vice president and provost shall make every effort to reach a decision within fourteen days.

(3)  If the executive vice president and provost upholds the dean's decision and proposed termination of employment, or if the executive vice president and provost modifies a sanction that is less than termination, the respondent may appeal to the faculty hearing committee. In all other cases, the executive vice president and 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 twenty-one days after notice of the executive vice president and provost's decision was mailed.

 (H)  The faculty hearing committee.

(1)  Within thirty days of receipt of an appeal from a respondent the faculty hearing committee which is established by rule 3335-5-48.10 of the Administrative Code, shall convene a hearing panel to consider the complaint. 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 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.

(3)  Respondents shall have the right to be represented by legal counsel or any other person of their choice, to examine the witnesses and evidence against them, 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.

(4)  The provost, or designee, shall present the case to the hearing panel. In presenting the case, the provost may be advised by the general counsel.

(5)  The hearing panel shall receive testimony and other evidence as it deems to be material and relevant to the issues before it.

(6)  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.

(7)  At the conclusion of the proceedings, the hearing panel shall make separate written findings of fact with respect to each substantive issue raised at the hearing and a recommendation as to a sanction, if any, to be imposed. Such findings of fact and recommendation, together with a recording of the proceedings, shall be transmitted to the president of the university and to the respondent. Findings of the hearing panel shall be based on clear and convincing evidence.

(8)  The hearing panel will not be bound by the findings of the college investigation committee or the executive vice president and provost.

(9)  The hearing panel may recommend termination of employment of tenured faculty members only in demonstrated cases of gross incompetence, grave misconduct, research misconduct, or nontrivial financial fraud.

(10)  The hearing panel shall make every effort to conclude the proceedings within sixty days.

 (I)  The president.

(1)  Upon receipt of the written findings of fact and recommendation and a record of the proceedings from a hearing panel, the president shall review the matter. The president may:

(a)  Dismiss the complaint;

(b)  Impose any sanction less than termination of employment whether or not it accords with the recommendation of the hearing panel;

(c)  Recommend to the board of trustees termination of employment on such terms and conditions as the president may deem advisable;

(d)  Remand the case to the hearing panel for reconsideration.

(2)  Any decision of the president shall be communicated in writing to the hearing panel and to the respondent.

(J)  Board of trustees.

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 give the respondent an opportunity to present to it arguments in writing, or in person, or both.

(Board approval dates: 4/4/1997, 12/4/1998, 2/4/2000, 6/7/2005, 7/8/2005, 9/9/2011, 6/7/2013, 6/5/2015)

 

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:

(a)  That a decision affecting the complainant was based upon an inadequate consideration of the pertinent facts by the individual(s) making the decision, or

(b)  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:

(a)  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.

(b)  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.

(c)  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.

(d)  The hearing panel shall receive such testimony and other evidence as it deems to be material and relevant to the issues before it.

(e)  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:

(a)  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.

(b)  The complainant should be given opportunity to address the hearing panel in writing and in person, and offer any evidence substantiating the claim.

(c)  If the complainant appears before the hearing panel, the complainant may bring an advisor. No formal transcript of the proceedings need be kept.

(d)  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:

(a)  Makes separate findings of fact with respect to each substantive issue raised at the hearing.

(b)  Dismisses the complaint if it determines that there has been no improper evaluation.

(c)  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.

(d)  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, non-tenure track, and emeritus faculty titles on full or part-time appointments, with or without salary.

(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 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 per cent service to the university. Persons with tenure-track, clinical, 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, 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 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.

(a)  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.

(b)  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 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.

(c)  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, 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, or research faculty.

(d)  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": tenure-track, clinical, or research faculty who, upon retirement, were recommended by the chair, the dean and the executive vice president and provost for emeritus status. 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 office of human resources may provide.

(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)

 

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 director of libraries.

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

 

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)

 

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:

Twenty-six administration members
Seventy faculty members
Forty-one student members, consisting of twenty-six undergraduate, ten graduate, and five professional student 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), 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)

 

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.

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

 

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, 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)

 

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.

(a)  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.

(b)  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.

(a)  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.

(b)  Student members shall serve one-year terms and shall be eligible for reappointment.

(c)  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.

(d)  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 seventeen members.

(1)  Fifteen voting members.

(a)  Six faculty members elected by faculty council as specified in the faculty council bylaws.

(b)  The chair of faculty council.

(c)  Four student representatives.

(i)  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.

(ii)  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.

(iii)  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.

(iv)  An undergraduate student who is a member of the university senate and who is appointed by the vice president of the undergraduate student government.

(d)  Three administrators.

(i)  The executive vice president and provost.

(ii)  The senior vice president for business and finance.

(iii)  A dean appointed by the president.

(e)  The chair of the university staff advisory committee.

(2)  Two nonvoting members.

(a) The secretary of the university senate.

(b) The chair-elect of faculty council.

(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)

 

3335-5-47.3  Rules committee.

(A)  Membership.

The rules committee shall consist of ten members.

(1)  Six faculty senators appointed by the executive committee of the faculty council

(2)  Three students.

(a)  One graduate student.

(b)  One professional student.

(c)  One undergraduate student.

(3)  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.

(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)

 

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, 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, and the faculty council shall select members of their own constituency using procedures adopted by their respective bodies.

(3)  Terms of service.

(a)  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.

(b)  Unless otherwise specified by the rules, student members shall serve one-year terms and be eligible for reappointment.

(c)  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.

(d)  Multiyear terms shall be staggered so that approximately equal proportions of the number of members retire from the committee each year.

(4)  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)

 

3335-5-48.1  Council on academic affairs.

(A)  Membership.

The council on academic affairs shall consist of sixteen members.

(1)  Ten tenure-track faculty.

(a)  Six tenure-track faculty, at least two of whom are members of the senate, selected by the faculty council. The term of service is three years.

(b)  Four tenure-track faculty appointed by the president. The term of service is three years.

(2)  Five students.

(a)  Two graduate students. The term of service is two years.

(b)  One professional student.

(c)  Two undergraduate students. The term of service is two years.

(3)  One administrator. The executive vice president and provost, or designee.

(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:

(a)  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);

(b)  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.)

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.

(3)  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.

(4)  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:

(a)  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;

(b)  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.

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.

(5)  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.

(6)  Formulate and announce a procedure to be followed in the establishment, alteration or abolition of courses or curricula.

(7)  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)

 

3335-5-48.2  Council on libraries and information technology.

(A)  Membership.

The council on libraries and information technology shall consist of fourteen members.

(1)  Seven regular tenure-track faculty.

(2)  Three students.

(a)  One graduate student.

(b)  One professional student.

(c)  One undergraduate student.

(3)  Three administrators (or their designees).

(a)  The dean of the graduate school.

(b)  The director of libraries.

(c)  The chief information officer.

(4)  One staff member, appointed by the University Staff Advisory Council.

(B)  Duties and responsibilities.

(1)  In collaboration with the director of libraries and the chief information officer, to formulate policies governing the educational and research activities and services of libraries and information technology.

(2)  Assist the director of libraries and the chief information officer in the interpretation of library and information technology services to the university community.

(3)  Assist in the presentation of major library and information technology needs to the university administration.

(4)  Advise the executive vice president and provost on the appointment of a director of libraries or 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)

 

3335-5-48.4  Council on student affairs.

(A)  Membership.

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

(1)  Six tenure-track 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.

(a)  Three graduate students.

(b)  Two professional students.

(c)  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.

(d)  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 begins in summer session.

(a)  One non-voting student affairs staff member to act as the secretary for the council. The term of service is one year.

(b)  A student affairs staff member from a regional campus. The term of service is one year.

(c)  A college office student affairs staff member. The term of service is one year.

(4)  Three administrators, non-voting.

(a)  The vice president for student life or designee.

(b)  The associate vice president for student life for planning and student development.

(c)  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)

 

3335-5-48.5  Athletic council.

(A)  The athletic council shall consist of fifteen members.

(1)  Eight tenure-track faculty.

(a)  Four tenure-track faculty selected by the faculty council. The term of service is four years with service commencing the first of July following appointment or election.

(b)  Four tenure-track faculty members appointed by the president. The term of service is four years with service commencing the first of July following appointment.

(2)  Four students.

(a)  One graduate student.

(b)  One professional student.

(c)  Two undergraduate students. The term of service is two years and one student is selected each year.

(3)  Two alumni designated by the Ohio state university 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)  One staff member of the university selected by the university staff advisory committee. The term of service is two years.

(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.

(a)  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.

(b)  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, ticket distribution, and public and campus relations of the athletic program.

(c)  Its recommendations and decisions on policy shall be made known to the senate and to the staff of the department of athletics.

(2)  Participate with the president in the process of selecting a faculty athletics representative. The faculty athletics representative shall provide advice and oversight for the intercollegiate athletics program at the Ohio state university and represent the university and its faculty to the NCAA. The faculty athletics representative also shall participate in the assurance of academic integrity of the athletics program; monitor the student-athlete experience; participate in the assurance of the institutional compliance with NCAA and conference regulations; and serve as the senior faculty advisor to the president and the director of athletics concerning the administration of the collegiate athletics program.

(a)  When selecting a new faculty athletics representative, the athletic council shall prepare a list of no fewer than two tenured faculty members from which the president shall select a faculty athletics representative.

(b)  Eighteen months prior to the end of the faculty athletics representative’s final term, the chair of the athletic council shall appoint a nominating committee which shall have the responsibility to inform the university community about the position of faculty athletics representative and to invite applications and/or recommendations for nominations. Brief recommendations in writing that state the candidate's qualifications for the position may be submitted to the nominating committee by any member of the university community. Applications and nominations shall be due in accordance with a reasonable schedule established by the nominating committee.

(c)  Final approval of the list of names submitted to the president shall be made by the full membership of the athletic council. The list for the faculty athletics representative position shall be presented to the president during the autumn semester preceding the start of the next term of office in order to allow for a smooth transition between outgoing and incoming faculty athletics representatives. The new faculty representative will be appointed January first to take office July first of the same year.

(d)  The new faculty athletics representative will be appointed faculty athletics representative-elect on July one of the year before becoming faculty athletics representative. The faculty athletics representative-elect shall attend all meetings in which the faculty athletics representative has access to, but the faculty athletics representative-elect shall have no right to vote until the faculty athletics representative-elect becomes the faculty representative.

(e)  The term of office for a faculty athletics representative is four years, beginning July one of the year following appointment as faculty athletics representative-elect. Reappointment for no more than two additional four-year terms is permissible. If an incumbent faculty athletics representative is eligible to and desires to serve another term, then at least nine months prior to the expiration of the current term, the athletic council shall complete a review of the incumbent's performance. If the council decides that the incumbent should serve another term and the president concurs, the faculty athletics representative's term shall be renewed. Otherwise, the athletic council shall move immediately to prepare a list to submit to the president following the procedures of paragraphs (B)(2)(a) to (B)(2)(c) of this rule, except for the time limitations.

(f)   The faculty athletics representative shall not serve simultaneously as a member of the athletic council, but shall attend meetings of the council. The chair of the athletic council, or the chair's designee from among the faculty members of the athletic council, shall serve as the interim faculty athletics representative with full voting privileges at conference meetings whenever the faculty athletics representative is unavailable.

(g)  In the event that the faculty athletics representative does not complete a full term, the faculty athletics representative-elect shall complete the remainder of the uncompleted term. The completion of a term does not constitute a four-year term for purposes of the three four-year term limitation in paragraph (B)(2)(e) of this rule. If there is no faculty athletics representative-elect at the time the faculty athletics representative vacates the position, the chair of the faculty council, or the chair’s designee from among the faculty members of the athletic council, shall serve as the interim faculty athletics representative until the appointment of a new faculty athletics representative. Upon notice of a vacancy or an imminent vacancy in the faculty athletics representative position, the athletic council shall move immediately to prepare a list to submit to the president following the procedures of paragraphs (B)(2)(a) to (B)(2)(c) of this rule, except for the time limitations.

(C)  Organization.

(1)  Reports by the 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 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, 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)

 

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

(A)   Membership.

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

(1)  Nine regular tenure-track faculty.

(a)  Three regular tenure-track faculty appointed by the president. Appointed members are eligible for reappointment.

(b)  Six regular tenure-track faculty selected by the faculty council.

(2)  Six students.

(a)  Two graduate students.

(b)  Two professional students.

(c)  Two undergraduate students.

(3)  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)

 

3335-5-48.7  Committee on academic misconduct.

(A)  Membership.

The committee on academic misconduct shall consist of thirty-four members.

(1)  Eighteen tenure-track faculty. Faculty members are eligible for reappointment, but may not serve more than two consecutive terms.

(2)  Fourteen students.

(a)  Seven graduate students.

(b)  Seven undergraduate students. The term of service shall begin with the summer term.

(3)  Two administrators.

(a)  The vice president for student life or designee, non-voting.

(b)  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:

(a)   Establish panels of its members which will conduct hearings and make decisions with the same authority as the committee itself;

(b)   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)

 

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.

(a)  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.

(b)  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.

(c)  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)  Six tenure-track faculty and one non-tenure-track 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:

(a)  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

(b)  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)

 

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, 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)

 

3335-5-48.11  Fiscal committee.

(A)  Membership.

The fiscal committee shall consist of twenty-six members.

(1)  Nine tenure-track faculty members.

(a)  Eight tenure-track 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.

(b)  One tenure-track faculty appointed by the president.

(2)  Six students appointed for two-year terms.

(a)  One graduate student.

(b)  One professional student.

(c)  Four undergraduate students at least two of whom are members of the senate.

(3)  Three staff members appointed for three-year terms.

(a)  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.

(b)  One staff member appointed by the president.

(4)  Eight administrators.

(a)  Two central administration officials appointed by the president. These members are non-voting.

(b)  The four executive deans.

(c)  The executive vice president and provost, or designee. This member is non-voting.  

(d)  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)

 

3335-5-48.12  Faculty compensation and benefits committee.

(A)  Membership.

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

(1)  Twelve tenure-track faculty, at least two of whom are members of the senate.

(2)  Two administrators.

(a)  The executive vice president and provost, or designee.

(b)  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:

(a)  Faculty salaries and related matters;

(b)  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)

 

3335-5-48.14  University research committee.

(A)  Membership.

The university research committee shall consist of sixteen voting and three non-voting members.

(1)    Twelve 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.

(a)    Eight 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.

(b)  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)  Three student appointed by the respective governing bodies to one-year terms.

(a)  Two graduate students.

(b)  One undergraduate student.

(4)  Ex officio members, non-voting (or their designees).

(a)  The vice-president for research.

(b)  The dean of the graduate school.

(5)  The senate fiscal committee chair, or her or his designee, nonvoting.

(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)

 

3335-5-48.15  Council on the physical environment.

(A)  Membership.

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

(1)  Seven tenure-track faculty members.

(a)  Five tenure-track faculty members selected by the faculty council.

(b)  Two tenure-track faculty members appointed by the president.

(2)  Four students.

(a)  One graduate student.

(b)  One professional student.

(c)  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.

(a)  The vice president for business and finance.

(b)  The senior vice president for business and finance or designee.

(c)  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.

(a)  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.

(b)  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.

(c)  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)

 

3335-5-48.16  Diversitycommittee.

(A)  Membership.

The diversity committee shall consist of sixteen members.

(1)  Eight tenure-track faculty.

(a)  Six tenure-track faculty selected by the faculty council.

(b)  Two tenure-track faculty appointed by the president.

(2)  Three staff members.

(a)  Two staff members selected by the university staff advisory council. The term of service is three years.

(b)  One staff member appointed by the president. The term of service is three years.

(3)  Three students.

(a)  One graduate student.

(b)  One professional student.

(c)  One undergraduate student.

(4)  Two administrators, non-voting.

(a)  The executive vice president and provost, or designee.

(b)  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)

 

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.

(a)  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.

(b)  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.

(a)  There shall be at least one current or former graduate teaching associate.

(b)  There shall be at least one current or former graduate research associate.

(c)  There shall be at least one current or former graduate administrative associate.

(d)  There shall be at least one current or former fellowship recipient.

(2)  Two faculty.

(a)  One faculty member from, and selected by, the graduate council.

(b)  One faculty member, who is also a senator, selected by the executive committee of faculty council.

(3)  Three administrators.

(a)  The dean of the graduate school, or designee.

(b)  The vice president for human resources, or designee.

(c)  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.

(a)  Five faculty members appointed by the executive committee of faculty council.

(b)  Three faculty members appointed by the university president in consultation with faculty leadership.

(2)  One graduate student.

(3)  Two administrators (or their designees).

(a)  The vice president for technology commercialization.

(b)  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)

 

3335-5-48.2  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, at least seven tenure-track faculty.

(2)  Three students.

(a)  One graduate student.

(b)  One professional student.

(c)  One undergraduate student.

(3)  Four administrators (or their designees).

(a)  The dean of the graduate school.

(b)  The director of university libraries.

(c)  The chief information officer.

(d)  The associate vice president for distance education.

(4)  One staff member, appointed by the university staff advisory council.

(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 director 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)

 

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)