Ohio Adm.Code 3349 | Ohio Administrative Code 3349 — Northeast Ohio Medical University

Chapter 3349-1 University Rules

Ohio Adm.Code 3349-1-01 Bylaws of the board of trustees.

(A) Article I

Enabling legislation: The Ohio general assembly, through Ohio Amended Senate Bill 72 (with an effective date of November 23, 1973), created the Northeastern Ohio universities college of medicine as codified in section 3350.10 of the Revised Code that was later amended to create the Northeastern Ohio medical university, NEOMED or university. The governance of the university is vested in its board of trustees who are appointed by the governor of Ohio with the advice and consent of the Ohio senate.

(B) Artilce II

University mission, vision, and values

(1) Mission: create transformational leaders and improve health.

(2) Vision: forge the future in innovative medical education and research excellence.

(3) Values: leadership, innovation, and community care provided with:

(a) Integrity: We uphold the highest ethical standards, acting with honesty, accountability, and transparency.

(b) Collaboration: We believe transformation arises from interdisciplinary teamwork, strong partnerships, and the sharing of knowledge, all of which drive innovation and improve outcomes.

(c) Excellence: We are committed to the highest standards of academic and research excellence, continuously striving for innovation and distinction.

(4) Statement of commitment: Pursuant to section 3345.0216 of the Revised Code, NEOMED declares that it will educate students by means of free, open, and rigorous intellectual inquiry to seek the truth; equip students with the opportunity to develop the intellectual skills they need to reach their own, informed conclusions; will not require, favor, disfavor, or prohibit speech or lawful assembly; create a community dedicated to an ethic of civil and free inquiry, which respects the autonomy of each member, supports individual capacities for growth, and tolerates the differences in opinion that naturally occur in a public higher education community; treat all faculty, staff, and students as individuals, to hold them to equal standards, and to provide them equality of opportunity, with regard to those individuals race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression.

Members, terms, vacancies, powers, and compensation

(1) Number of members: The government of the university is vested in an eleven-member board of trustees, the board or the full board, who shall be appointed by the Ohio governor, with the advice and consent of the Ohio senate. Two of the eleven trustees shall be current students in good standing at the university appointed in accordance with division (B) of section 3350.10 of the Revised Code who shall be non-voting members.

(2) Emeritus trustee

(a) In accordance with university rule 3349-1-04 of the Administrative Code, the university may confer the honorary, non-voting status of trustee emeritus upon a former NEOMED trustee in recognition of exceptional service and contributions to the board. Because this designation is reserved for truly meritorious service, it is expected to be awarded sparingly. The term of service for an emeritus trustee shall be for such period, not exceeding five years, as may be mutually agreed upon by the board and the emeritus trustee at the commencement of the appointment. Such term may be renewed upon mutual agreement of the board and the emeritus trustee.

(b) Trustees emeriti will receive formal recognition by board resolution; they may attend board meetings and university events, including commencement, with special seating and program recognition; and have opportunities to participate in ad hoc groups or committees where their expertise may be of value.

(c) The scope of duties for each trustee emeritus will be mutually agreed upon by the board and the individual, always with the goal of advancing the mission and interests of the university.

(3) Advisory trustee

(a) In accordance with university rule 3349-1-05 of the Administrative Code, the university has established the non-voting position of advisory trustee to recognize individuals whose knowledge, skills, and professional experience will enhance the mission and work of Northeast Ohio medical university. Each advisory trustee will serve a three-year term and may be reappointed for up to two consecutive terms, for a maximum of six years.

(b) Advisory trustees will be accorded privileges that include invitations to attend meetings of the university board and the annual retreat; invitations to attend executive sessions of the board, at the discretion of the board chair; invitations to university events, including commencement, with special seating, formal introduction, and program recognition; and, opportunities to participate in ad hoc groups or committees where their expertise may be of value.

(4) Student trustees

(a) Two of the eleven trustees shall be current students in good standing of the university, and their selection and terms shall be in accordance with division (B) of section 3350.10 of the Revised Code.

(b) The student members shall have no voting power on the board. Student members shall not be considered as members of the board in determining whether a quorum is present. Student members shall not be entitled to attend executive sessions of the board; however, they may, at the discretion of the chair, be invited to attend and participate.

(c) The student members of the board shall be appointed by the governor, with the advice and consent of the senate, from a group of no more than five candidates selected pursuant to a procedure adopted by the university's student government and approved by the university's board of trustees. The term of office of a student member is for two years, each term ending on the same day of the same month of the year as the term it succeeds. If a student member cannot fulfill a two-year term, a replacement shall be selected to fill the unexpired term in the same manner used to make the original selection.

(5) Term of office

For trustees appointed prior to July 1, 2025, except as provided in paragraph (A)(3) of this rule and except for the student members, terms of office shall be for nine years. For trustees appointed on or after July 1, 2025, except for the student members, terms of office shall be for six years.

(6) Vacancies

Any trustee appointed to fill a vacancy occurring prior to the expiration of the term for which the trustee's predecessor was appointed shall hold office for the remainder of such term. Any trustee shall continue in office after the expiration date of the trustee's term until the trustee's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.

(7) Training

(a) Section 3333.045 of the Revised Code established a framework for training trustees at two-year and four-year public institutions in Ohio. The legislation requires the chancellor to develop and annually deliver educational programs designed to address the role, duties, and responsibilities of a member of a board of trustees. Section 3345.045 of the Revised Code sets forth the topics required in paragraphs (A) to (Q) of this rule.

(i) New trustees, appointed after June 27, 2025, must complete educational programming on topics listed in paragraphs (A) to (Q) of this rule within two years of appointment and every two years thereafter. Programming is strongly encouraged but not required in final year of term.

(ii) Current trustees, appointed prior to June 27, 2025, with more than one year remaining, must complete educational programming on topics listed in paragraphs (A) to (Q) of this rule every two years. The initial two-year timeframe began on June 27, 2025. Programming is strongly encouraged but not required in final year of term.

(iii) Current trustees with less than one year remaining are strongly encouraged but not required to take the training.

(iv) Non-voting trustees are strongly encouraged but not required to take the training.

(v) Student trustees are strongly encouraged but not required to take the training.

(b) Trustees may complete these training requirements as set forth in the statute and on the Ohio department of higher education website.

(8) General powers

The board shall have the powers which are conferred upon it by the laws of the state of Ohio. It shall do all things necessary for the creation, proper maintenance and successful and continuous operation of the university and shall adopt, and from time to time as necessary, amend, alter or repeal, the bylaws and any rules for the conduct of the board and the governance and conduct of the university. The board shall employ, fix the compensation of, and remove the president, and such number of deans, professors, administrators, officers and other employees as the board may deem necessary.

(9) Compensation of trustees

Trustees shall receive no compensation for their services but shall be paid their reasonable expenses necessary while engaged in the discharge of their official duties.

(D) Article IV

Officers of the board and their duties

(1) Officers

(a) The trustee officers of the board are the chair and vice chair. Nomination and the election of trustee officers may be made in any manner determined by a consensus of the board that is consistent with Ohio law and Robert's Rules of Order. Seniority, defined as length of service on the board, is one attribute that should be considered. Other attributes include, but are not limited to, skills necessary to perform the duties of a particular office, vision, level of interest, and willingness to commit the necessary time to fulfill the duties of the office.

(b) The nominating committee shall prepare a slate of candidates for the offices of chair and vice chair to be presented to the board at its September meeting. Nominations, including self-nominations, may also be made from the floor prior to the election. The chair and vice chair shall be elected annually by the board at its September meeting.

(c) An officer will serve a one-year term. If an officer has served two consecutive terms, he/she may not be elected for a third consecutive one-year term in that office. An officer, who has served two consecutive terms in an office, may serve in that office again after a one-term hiatus.

(d) The term of the newly elected trustee officer will commence immediately following adjournment of the meeting at which the officer is elected; and they shall hold office until the conclusion of the September meeting, or a successor is elected.

(2) Duties of the chair and vice chair

The duties of the chair and vice chair of the board shall be as follows:

(a) The chair shall preside at all meetings of the board and shall have authority to decide all questions of order. The chair shall be responsible for ensuring the proper execution of all resolutions, actions, and directives of the board. The chair is authorized to execute, on behalf of the university and the board, such instruments, contracts, minutes, resolutions, diplomas, and other official documents as may be duly approved or authorized by the board. In consultation with the president, the chair shall participate in the preparation of agendas and the identification of significant matters to be brought before the board for consideration.

(b) The vice chair, in the absence or disability of the chair, shall be vested with the powers and discharge the duties of the chair.

(3) Non-trustee officers

The offices of secretary and treasurer, if appointed by the board, may be held by individuals who are not members of the board and shall serve at the pleasure of the board.

(a) Secretary

(i) Trustees will direct board-related requests and suggestions to the board secretary.

(ii) The secretary shall maintain and keep all records and books of the board. The secretary shall attend all meetings of the board and its committees and shall make and keep accurate and complete records of minutes of said meetings. The secretary shall, within two weeks of each meeting, or as soon thereafter as practical, transmit, by mail or other appropriate electronic or standard delivery method, a copy of the minutes of the meeting to each trustee.

(iii) The secretary shall give notice of all meetings of the board and its committees to the trustees and to the president. The secretary shall provide all other notices required by law and these bylaws. Notice may be provided by mail, or any other electronic or standard delivery method. Requests to address the board or any committee of the board shall not ordinarily be considered unless submitted in writing to the secretary at least two weeks prior to any regularly scheduled meeting. Such requests shall contain information requested by the secretary, including, but not limited to, the name of the person making the request, the purpose and subject matter of the request, and a summary of the topic to be addressed.

(iv) The chair of the board, in consultation with the chair of any relevant committee of the board, and the president, shall, on behalf of the board or committee, determine whether and when the matter will be placed on the agenda of the board or committee of the board. If the chair decides not to schedule the matter on an agenda of the board or committee of the board, the chair shall direct the secretary to provide notice to the requester and to members of the board for their information.

(v) The chair shall have the discretion to recognize any person who seeks to address the board and to prescribe the time permitted for such remarks. After the individual has spoken, no further participation shall be allowed except to respond to a specific question from a trustee, which shall be addressed through the chair.

(vi) If the request to address the board relates to a matter that meets one of the exceptions to the public meeting law, the matter will only be discussed in a closed executive session of the board, and the chair shall deny the request, indicating the topic is not one that will be discussed in a public meeting.

(vii) As an employee of the university, the secretary shall report to the president but shall work in close cooperation and coordination with the board of trustees and facilitate its work.

(b) Treasurer

(i) A treasurer, who is ordinarily the chief financial officer of the university, if so appointed by the board, shall keep the financial books and records of the university, deposit university funds, make appropriate payments, maintain proper records of revenues and expenses, and submit to the board an annual statement of accounts and perform such other duties as the board may designate.

(ii) In accordance with section 3350.11 of the Revised Code, the treasurer, before entering upon the discharge of the official duties of treasurer, shall give bond or insurance to the state of Ohio for the faithful performance of the official duties of treasurer and the proper accounting for all money coming into the treasurer's care. The amount of the bonds or insurance shall be determined by the board but shall not be for a sum less than the estimated amount which may come into the treasurer's control at any time, less any reasonably deductible amount.

(iii) The treasurer, if the chief financial officer of the university, reports to the president and works in close cooperation and coordination with the board of trustees.

(E) Article V

The university president

(1) The president is the chief executive officer of the university and reports to the board in that capacity. As such the president is charged with the responsibility and is vested with the authority to lead the university; properly promulgate those policies that will support the proper functioning of the university; develop and implement a university strategic plan; oversee all of the university's administrative and academic operations; act as the university spokesperson; and, perform such other duties as may be outlined in the faculty bylaws and those delegated by the board. The board hereby authorizes the president to execute all contracts, instruments, leases, licenses, and other documents on behalf of the university. The board further authorizes such administrative officers of the university as identified by the president to execute contracts, instruments, leases, licenses, and other documents on behalf of the university.

(2) Ex-officio non-voting member of the board

(a) The president is hereby invested with ex-officio, non-voting, membership on the board and all committees. The board hereby grants to the president the right to attend all meetings of the board, except those meetings where the president may have a perceived or real conflict of interest.

(b) Communications with the board

The president will keep the board appropriately informed about significant issues affecting the university and of public events and opportunities where trustee presence will further the interests of the university. The trustees shall refrain from representing the university without the president's knowledge and involvement; and they will communicate with the president in a timely manner if significant information or issues are brought to their attention.

(i) The board of trustees is responsible for the annual evaluation of the president. The board shall assess performance, provide constructive feedback, and ensure alignment with the mission and strategic objectives of the university. The president shall prepare and submit an annual self-assessment addressing performance relative to established goals and criteria.

(ii) The evaluation and compensation committee, in consultation with the board chair, shall establish the evaluation criteria, oversee the evaluation process, establish the timeline, review all relevant materials, deliberate and prepare a written report for consideration by the board of trustees in executive session.

(iii) The evaluation and compensation committee shall review annually the compensation of the president. The committee may request an analysis of the market competitiveness of the president's compensation, recommend annual performance goals, and establish criteria for awarding annual base salary increases, performance bonuses and other forms of compensation, and recommend adjustments to the president's compensation, to the full board.

(iv) The general counsel provides support for the annual performance review process. The general counsel may engage such external advisors or consultants as the compensation and evaluation committee deems necessary to facilitate the evaluation and compensation review process, and will maintain as confidential, to the extent permitted by law, the evaluation and compensation report and related materials.

(v) Any changes in compensation will be approved by the board at an open and public session of the board.

(F) Article VI

General counsel

The general counsel of the university, when designated as an assistant attorney general for the state of Ohio, shall act as counsel to the board of trustees and is authorized to practice law on behalf of the university. The board of trustees, its individual members, the president of the university and those so designated by the foregoing are entitled to privileged attorney-client communications with the general counsel.

(G) Article VII

Meetings of the board

(1) Regular meetings

Regular meetings of the board shall be held at least four times a year.

(2) Special meetings

Special meetings may be called at the discretion of the chair. In addition, the chair shall call a special meeting upon the written request of any three trustees or the president. The notice for the special meeting shall specify the date, time, place, and purpose thereof. The chair shall cause the secretary to give notice of date, time, place and purpose of the special meeting no less than seventy-two hours prior to the time of the commencement of the meeting. Notice may be given in oral or written form by electronic means, personal delivery, mail or other standard delivery method, to those persons entitled to notice.

(3) Emergency meetings

An emergency is an unforeseen combination of circumstances or the resulting state that calls for immediate official action. An emergency meeting may be called by the chair, any three trustees, or the president in consultation with the chair. The individual calling the meeting shall direct the secretary to notify immediately those persons entitled to notice of the date, time, place and purpose of the meeting. Said notice may be in either oral or written form; it may be served by electronic means, personal delivery, or mail or other standard delivery method. Emergency meetings are specifically excluded from the attendance requirement set forth in this paragraph.

(4) Attendance at meetings

In accordance with section 3.17 of the Revised Code, a trustee who fails to attend at least three-fifths of the regular and special meetings of the board during any two-year period forfeits the member's position on the board. emergency meetings of the board shall not be counted in the attendance calculation. The secretary of the board shall keep an accurate attendance record and notify any member of the board and the chair of the board if any member is in jeopardy of such forfeiture.

(5) Attendance by electronic means

In accordance with section 3345.82 of the Revised Code and university rule 3349-1-06 of the Administrative Code, the Northeast Ohio medical university may conduct meetings of the board of trustees utilizing electronic communication. Trustees are permitted to attend two of the four annual meetings virtually. If a trustee must attend more than two meetings annually utilizing electronic means, they will be counted in the quorum but will not be permitted to vote.

(6) Conformance with the Ohio open meetings act

(a) All regular, special, emergency, committee meetings and executive sessions of the board shall be held in conformance with the requirements of Ohio law governing public meetings. Public meetings shall not include attendance by a majority of board members of the board or a majority of board members of any committee or subcommittee of the board at information sessions, campus events, social or other activities which do not involve a prearranged discussion of university business by such members of the board.

(b) The board of trustees may hold executive sessions in accordance with the requirements of the Ohio open meetings act. An executive session may be convened only after a majority of a quorum of the board determines, by roll-call vote during a public meeting, to hold such a session for a purpose permitted by law.

(c) The chair of the board shall preside over the executive session and may designate which individuals shall be permitted to remain during the session, consistent with the purpose for which it was convened. No official action shall be taken in executive session.

(7) Public notice of meetings

(a) Any person or news medium may receive notification of the date, time and place of all regularly scheduled or emergency board meetings and the date, time, place and purpose of all special board meetings; by delivering an oral or written request to the secretary of the board. Oral requests may be made in person or via electronic means during normal business hours.

(b) Any news media representative may obtain notice of the date, time, place and purpose of all special meetings of the board by requesting in writing that such notices be provided. All requests for such notification shall be addressed to the secretary of the board of trustees.

(8) Order of business

Unless otherwise specifically stated in the notice of meeting, any business may be transacted at any meeting of the board. The ordinary order of business at all regular meetings of the board will be as follows unless otherwise designated by the chair:

(a) Roll call;

(b) Review of agenda and recusal, as necessary;

(d) Guest speaker or presentation, as necessary;

(e) Report of the president;

(f) Reports of the standing committees of the board;

(g) Report of the vice presidents, as necessary;

(h) Old business;

(i) New business;

(j) Election of officers, as necessary;

(k) Administrative appointment, as necessary;

(l) Executive session, as necessary and;

(m) Adjournment.

(9) Quorum and voting

A majority of the number of voting trustees of the board then appointed must be present in person or by electronic means at such meeting in order to constitute a quorum for the transaction of business. Except as otherwise specifically provided by statute or these bylaws, the act of a majority of the trustees present at any meeting at which a quorum is present shall be the act of the board of trustees. In the absence of a quorum, a majority of those present may adjourn the meeting from time to time until a quorum is achieved.

(10) No second required for a committe recommendation

In accordance with Robert's Rules of Order, when a motion emanates from a committee report which contains a recommendation, the recommendation is made as a motion at the conclusion of the committee chair's, or designee, presentation on the matter. No second is required for such a motion since it is made on behalf of the committee.

(11) Record of meetings

A record of all board meetings shall be made and kept by the secretary of the board and made available to the public upon request.

(12) Rules of order

Robert's Rules of Order shall be accepted as authority on all questions of parliamentary procedure not determined by the most current version of the bylaws. The general counsel, or another person designated by the chair, will function as a parliamentarian and will be available to consult with and advise the board on all matters of parliamentary procedure.

(H) Article VIII

Contracts, loans, checks, and deposits

(1) Contracts

The board may authorize the president or other university officers authorized by the president to prepare proposals for contracts with any person, firm, or other entity, sign contracts between the board and any such person, firm, or other entity, execute bonds and undertakings required for the faithful performance of such contracts, and deliver vouchers and receipts in connection therewith.

(2) Loans

No loans shall be contracted on behalf of the board, and no evidence of indebtedness shall be issued in its name unless authorized by the board.

(3) Deposits and accounts

All funds of the university, not otherwise employed, shall be deposited from time to time in general or special accounts as the board may select, or as may be selected by the president or other university officers as the president may designate, under such restrictions or terms or conditions as the board may prescribe. For the purpose of deposit and for the purpose of collection for the account of the university, checks, drafts, and other orders for the payment of money which are payable to the order of the university may be endorsed, assigned, and delivered by the president or other university officer as the president may designate.

(I) Article IX

Committees

(1) Standing committiees of the board

(a) The standing committees of the board and the matters committed to their charge shall be as set forth below. The chair of the board shall appoint trustees to these committees with input from the president. The chair of the board shall be an ex officio voting member of all committees. The chair of the board has the same rights as other committee members. The president of the university shall be an ex officio, non-voting member of all committees. Only the voting members of the committee are counted in the quorum.

(b) As far as practicable, the committees shall be constituted, and committee chairs appointed, by the newly elected chair of the board, within the first thirty days after the September board meeting. Committee members and chairs shall serve until their successors are appointed.

(c) The chair of the board shall appoint a chair and may appoint a vice chair of each committee. The chair of the board should consider the senior members of the board for these positions. If the chair of the committee is unavailable to chair the meeting, then the vice chair shall conduct the meeting. If the chair and vice chair are not available, then the chair of the board of trustees may preside over the committee meeting or appoint the chair pro tem to preside over the committee meeting.

(d) Only the voting members of the committee are counted in the quorum. The chair of the board may appoint the members of the committee, including a temporary appointment of a trustee, who may take the place of any absent member of the committee, for purposes of satisfying the quorum requirements or voting requirements for the period stated by the chair.

(e) The president shall designate an appropriate administrative staff member who will assist the chair of each standing committee in the preparation of the agenda and supporting documentation. The chair shall allow sufficient time for the preparation of this documentation in accordance with the notice provisions contained in article V herein. Supporting documentation for all actions requiring board approval will be delivered to the members a minimum of five working days in advance of the meeting.

(f) The chair may also appoint special committees, ad hoc committees, and task forces as necessary to accomplish the work of the board. In discharging their responsibilities, the committees shall conform to the policies established by the board, report their recommendations to the board, and refer to the board all matters of broad significance to the university.

(2) Responsibilities of standing committiees

(a) The academic and scientific affairs committee shall discharge the supervisory duties as prescribed by the board with respect to matters pertaining particularly to educational and research programs. The board of trustees hereby acknowledges that the president, in conjunction with the provost, will work together to develop and implement new programs and to implement changes to existing programs. The board also notes that if the president deems it advisable or necessary to seek the endorsement, consensus or approval of the board for a specific, significant, or unique programmatic approach, the board will act upon the recommendation of the president. The academic and scientific affairs committee shall review and recommend to the board the awarding of degrees to students from the university and monitor the academic policies of the university.

(b) The evaluation and compensation committee consists of three voting members of the board appointed by the chair. The committee leads the annual performance review of the president. It ensures that the performance review is fair and evidence-based; it is responsible for making recommendations to the board for the establishment of the president's annual performance goals, the process of annual performance reviews, and for setting the compensation of the president.

(c) The executive committee shall consist of the chair of the board, the vice chair, and two additional board members, one of whom shall be the immediate past chair, if available. It shall provide oversight on behalf of the board and recommend actions for consideration, as necessary, by the full board. The chair of the board shall serve as chair of the executive committee unless the chair designates another member of the committee to serve in that capacity.

(d) The finance, fiscal policy, and investment committee shall discharge the duties as prescribed by the board with respect to the financial affairs of the university including consideration and recommendation of all policy matters relating to the university budget and financial operations; internal and external audit functions and reporting; personnel matters; facilities planning and oversight that involve the expenditure or commitment of funds related to capital planning and capital projects for the university. The internal auditor reports to the president who will present any significant findings to the board unless the president has a conflict of interest. In the event of a presidential conflict of interest, the matter will be referred to the chair and the vice chair of the board. As required by divisions (C) and (D) of section 3345.05 of the Revised Code, the finance, fiscal policy and investment committee shall serve as the university's investment committee. As such, it shall meet at least quarterly. The committee shall review and recommend revisions to the board's investment policy and shall advise the board on its investments. The committee shall be authorized to retain the services of an investment advisor who meets the qualifications set forth in the university's investment policy and in accordance with division (D) of section 3345.05 of the Revised Code.

(e) The institional advancement committee has oversight of the activities of university advancement including resource development, communications, public relations and alumni relations. It shall be responsible for advising the board on policy formulation, strategies and priorities for increasing the financial resources of the university in keeping with its long-range programmatic and capital plans. The committee partners with and supports the development efforts of the NEOMED foundation. The chair of the institutional advancement committee may serve as a liaison to the NEOMED foundation board and provide strategic direction on behalf of the NEOMED board of trustees.In addition, the committee will assist the president in establishing liaisons with foundations, business and industrial organizations to the mutual benefit of such organizations together with the university. These relationships may involve programs or research projects which support scientific requirements in which the faculty and staff of the university have expertise.

(f) The nominating committe is a three-member committee. Membership on the nominating committee will include a trustee whose term on the board is expiring, a trustee who has indicated no desire to serve either as chair or vice chair, and one other member. The chair of the committee will be the trustee whose term is expiring. The chair of the nominating committee will appoint the other members of the committee in consultation with the chair of the board.

(g) The trusteeship committe will meet on an as needed basis to consider proposed changes in the bylaws of the board, and make recommendations to the board, as appropriate, for its attention or action, perform periodic board self-evaluation and assessment, and other matters referred to it by the chair.

(h) Non-trustees may be appointed by the chair to serve on committees of the board. However, since the governing power of the board is not delegable, the non-trustee members do not have the right to vote. It is permissible to have non-trustees serve in an advisory capacity on all committees.

(J) Article X

Conflict of interest, conflict of loyalty

(1) No trustee shall participate in deliberations or vote on a university contract, action or trans-action when the trustee has a financial, personal or fiduciary interest in any person or entity affected by such contract, action or transaction. The board will consistently follow protocols for addressing conflicts. The trustee having the prohibited interest shall make full disclosure thereof and shall abstain from any deliberations and votes on any such matter. If a trustee recuses himself or herself, that trustee may be asked to leave the board room during the discussion and votes on that matter.

(2) Any contract, action or transaction in which one or more trustees have a prohibited interest may be approved by an affirmative vote of a majority of voting trustees who are not interested in the contract, notwithstanding the fact that the disinterested trustees constitute less than a quorum of trustees.

(K) Article XI

Amendment

(1) The bylaws may be altered, amended or repealed, and new bylaws may be adopted, by the affirmative vote of a majority of the trustees, provided that the notice of any meeting at which such action is proposed to be taken shall state the substance of the bylaw to be made, repealed, altered, or amended unless waived in writing by all trustees, notice of any such meeting shall be delivered personally, by mail, or any appropriate electronic, or standard delivery method to each trustee at least thirty days before the date of the meeting.

Last updated April 14, 2026 at 10:30 AM

History

Effective: April 12, 2026
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-04

(A) Purpose

The purpose of this rule is to establish a mechanism through which the university can recognize the exceptional service and contributions of past members of its board of trustees with the designation of emeritus status. By conferring emeritus status upon a former NEOMED trustee, the university can express its gratitude for the valuable effort provided by the trustee, while fostering an ongoing relationship between the trustee and the university.

(B) Scope

This rule applies to former members of the NEOMED board of trustees.

(1) Qualifications for emeritus designation

(a) A former trustee who has faithfully discharged his/her duties through no less than six years of service as a trustee will be considered for emeritus status.

(b) This designation is reserved for a board of trustee member who has provided significant and substantive service to benefit the university and enhance its educational, training and public service mission by engaging in the following activities:

(i) Attending, at a high ratio, board and committee meetings, retreats, state meetings, and other activities that foster board engagement, development, and active participation;

(ii) Being recognized as an advocate for the university and its students through attendance and visible involvement in university events and student-centered activities;

(iii) Exhibiting dedication to students and the university by attending and engaging in university events including commencements and foundation-related events; or

(iv) Contributing monetarily in support of university initiatives as well as those of the university's foundation.

(c) The trustee must have demonstrated a history of professional accomplishment and community engagement that would warrant external recognition, inuring significant honor and distinction to both the trustee and the university.

(d) The award of emeritus status is meritorious and thus, expected to be limited in number.

(2) Nomination process

(a) The president may nominate a former trustee who meet the requisite qualifications to the executive committee for review and consideration of the emeritus status. Upon reviewing the nomination, the executive committee shall make a recommendation to the full board of trustees that a resolution be prepared and presented for a vote to confer the designation of emeritus status upon the nominee.

(b) The trustee emeritus designation may be awarded after the conclusion of the final term of the board member. The recipient will be deemed ineligible for reappointment to the NEOMED board of trustees by the appointing authority after awarded emeritus status.

(c) Should a trustee emeritus later be found to have engaged in conduct unbecoming of this esteemed designation, the president may seek to remove the emeritus status by making a recommendation to the board of trustees for its review and consideration.

(3) Privileges of a trustee emeritus

A trustee emeritus will enjoy the following privileges, including, but not limited to:

(a) Recognition by a board resolution of emeritus board status; presentation of a framed resolution;

(b) Invitation to attend university events, including commencement, with special seating privileges and introduction and recognition within the program; and

(4) Duties of a trustee emeritus

Those duties agreed upon by the board and the trustee emeritus for the benefit of the university.

Last updated April 9, 2026 at 11:04 AM

History

Effective: June 7, 2021
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-05

(A) Purpose

The purpose of this rule is to establish the non-voting position of an advisory trustee through which the university can engage individuals with specific knowledge, skills and professional experience that will enhance the northeast Ohio medical university.

(B) Scope

This rule applies to individuals with regional or national experience that may add value to the NEOMED board of trustees.

(1) Qualifications for advisory trustee designation

(a) An individual who would be able to provide significant and substantive service to benefit the university and enhanced its educational, training and public service mission by having:

(i) Success in his/her chosen field or business;

(ii) Obtained state or national prominence; or

(iii) A willingness and ability to render advice and guidance in their field of expertise.

(b) The trustee must have demonstrated a history of professional accomplishment and community engagement, which warranted external recognition, inuring significant honor and distinction to both the trustee and the university.

(2) Nomination process

(a) The president may nominate an individual who meets the requisite qualifications to the executive committee for review and consideration of the advisory trustee status. Upon reviewing the nomination, the executive committee shall make a recommendation to the full board of trustees that a resolution be prepared and presented for a vote to confer the designation of advisory trustee upon the nominee.

(b) The advisory trustee designation may be awarded at the June board meeting with the term to begin the following fiscal year. Each advisory trustee will serve a non-voting three-year term and may be eligible for appointment to two consecutive terms (six years total).

(c) A maximum of three advisory trustees are authorized by the university to serve at any one time and will be appointed for staggered terms.

(d) Reasonable travel expenses for advisory trustees will be reimbursed consistent with the rule for voting members of the board of trustees.

(e) Should an advisory trustee later be found to have engaged in conduct unbecoming of this esteemed designation, the president may seek to remove the advisory trustee status by making a recommendation to the board of trustees for its review and consideration upon the vote of a majority of the board.

(3) Fiduciary obligations and conflict of interest

No trustee shall participate in deliberations on a university contract, action or trans-action when the trustee has a financial, personal or fiduciary interest in any person or entity affected by such contract, action or transaction. The board will consistently follow protocols for addressing conflicts. The trustee having the prohibited interest shall make full disclosure thereof and shall abstain from any deliberations on any such matter. If a trustee recuses himself or herself, that trustee may be asked to leave the board room during the discussion on that matter.

(4) Privileges of an advisory trustee

An advisory trustee will enjoy the following privileges, including, but not limited to:

(a) Invitation to attend the university board meetings as well as the annual retreat;

(b) Invitation to attend executive sessions of the university board, as requested by the board chair;

(c) Invitation to attend university events, including commencement, with special seating privileges and introduction and recognition within the program; and

(d) Invitation to participate in ad hoc groups or committees where their skills, knowledge or expertise may be beneficial.

Last updated August 28, 2025 at 7:36 AM

History

Effective: August 28, 2025
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-06

(A) Purpose

The purpose of this policy is to establish a process through which the university can conduct its board of trustees meetings utilizing electronic communication in accordance with section 3345.82 of the Revised Code.

(B) Scope

This policy applies to the NEOMED board of trustees.

"Electronic communication" refers to live, audio-enabled communication which permits the trustees attending a meeting at a remote location, the trustees in person at the place where the meeting is conducted, and all members of the public present in person at the place where the meeting is conducted to simultaneously communicate with each other during the meeting.

(D) Policy

(1) NEOMED trustees may participate virtually in the regularly scheduled board meetings for no more than two meetings per calendar year, with in-person participation at all other regularly scheduled meetings.

(2) Any meeting conducted utilizing electronic communication must include all of the following:

(a) In-person attendance by no less than one-third of the trustees;

(b) All votes conducted by roll call vote; and

(c) Notification from any trustee who intends to attend a meeting via electronic communication to the board chair and board secretary no less than two weeks before the meeting, except in the case of a declared emergency.

(3) In accordance with section 121.22 and sections 3335.06 and 3343.04 of the Revised Code, a trustee who attends a meeting via means of electronic communication is considered to be present at the meeting, is counted for purposes of establishing a quorum, and may vote at the meeting.

Last updated April 9, 2026 at 11:05 AM

History

Effective: October 11, 2021
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-105 Administration of surveys.

(A) Purpose

The purpose of this rule is to provide guidance and oversight in the management of surveys that have NEOMED students as their target population. By requiring that these surveys be registered, the university will be better able to guard against the over-surveying of students, manage the frequency and timing of Surveys, and maintain an up-to-date catalog of all surveys being disseminated to NEOMED students.

(B) Scope

This rule applies to all persons, internal and external to NEOMED, who wish to survey NEOMED students. This rule does not pertain to: Surveys originating from accrediting bodies; course event RSVPs; polls or election ballots; intra-course or workshop instruments that are considered assignments (e.g., self-assessments, peer evaluations); or course and instructor evaluations.

(1) "Survey" refers to the gathering of information through written (electronic) questionnaires that are distributed to NEOMED students and is inclusive of IRB-approved research survey instruments.

(2) "NEOMED Community" refers to NEOMED students, faculty, and staff.

(3) "Survey registration form" refers to the online form that collects information about Surveys that target NEOMED students.

(4) "Institutional review board" ("IRB") refers to the university body that governs research in which human subjects are involved to ensure that the rights and welfare of those participants are protected while participating in such research.

(5) "Research" refers to a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Activities that meet this definition constitute research for purposes of this rule, whether or not they are conducted or supported under a program that is considered Research for other purposes. For example, some demonstration and service programs may include research activities. (Language taken from the NEOMED IRB procedure manual).

(D) Procedure statement

(1) Survey registration

(a) For surveys that have the potential to involve human subjects research, those wishing to conduct a survey must confer with the NEOMED IRB for review and approval. If the survey study constitutes research, the party must forward evidence to the office of institutional research that IRB approval was granted.

(b) Completion of the survey registration form is required for surveys being administered to NEOMED students. Information entered into the survey registration form will become part of a catalog of all surveys administered to NEOMED students.

(c) College-specific review of survey registration forms must be completed before any survey can be disseminated to NEOMED students. The institutional research office will coordinate the review with the colleges whose students are the target audience of the survey.

(d) Review of survey registration forms by institutional research and the respective college(s) will be done within five business days from the submit date. Parties wishing to conduct surveys should therefore complete the survey registration form as early as possible before the desired launch date. The institutional research office will communicate the results of the review to the party submitting the survey registration form.

(e) Review of prospective surveys are done to ensure they are not an unnecessary burden on the target population whether from redundancy of content or conflicts with other events in the academic calendar. The review will consider, at a minimum, the following matters:

(i) The purpose of the survey;

(ii) The target recipients to the survey;

(iii) The timing of the survey administration;

(iv) The frequency of survey re-administrations; and

(v) Whether recent surveys had overlapping purpose(s).

(2) Survey administration

The institutional research office provides overall administrative oversight for campus survey use. Although parties seeking to conduct surveys are expected to build their own survey instruments, the institutional research office is available for advice and consultation on survey development. College-level personnel will also respond to survey-related questions from members of their college.

(a) NEOMED community members, except in exceptional circumstances, are expected to build their surveys in qualtrics, which is the university-designated survey platform. Having a single survey platform allows for consistency in data collection and analysis, saves time and resources, improves data security, and allows for more efficient monitoring of survey traffic on campus.

(b) All NEOMED community members, who have NEOMED email accounts, can get a free qualtrics account by contacting their college-level qualtrics administrator, or the institutional research office if the community member is not affiliated with a college.

(3) If incentives are offered, the survey tool should acknowledge to all survey recipients that the incentives do not compromise the confidentiality or anonymity of the response.

Failure to adhere to the terms of this rule may result in the inability to conduct future surveys on NEOMED students. Research misconduct as well as any other survey-related misconduct will be handled in accordance with rule 3349-20-62 of the Administrative Code, the university faculty bylaws, the employee handbook and the student handbook, as appropriate.

Last updated October 3, 2024 at 8:50 AM

History

Effective: October 3, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-110 Electronic signatures.

(A) Purpose

The purpose of this rule is to allow for the use of electronic signatures by methods that are practical and secure, streamline administrative processes, and comply with applicable law.

(B) Scope

This rule applies to all university employees, students, or other individuals using electronic signatures to conduct university business.

(1) "Authorization" means an individual has verified permission and requisite authority to sign a record, electronic or otherwise, and/or perform certain operations, including executing agreements to bind the university.

(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

(4) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record or executed or adopted by a person with the intent to sign the record.

(5) "Electronic transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records.

(6) "Permission and requisite authority" means the university official charged with obtaining the signature in the course of executing the specific administrative task on behalf of the university in performance of his/her regular job-related duties shall assume responsibility for defining and executing the practice of using electronic signatures as defined in this rule.

(D) Rule statement

(1) An electronic signature may be accepted in all situations when the requirement of a signature or approval is stated or implied, except when law or regulation specifically requires a handwritten signature.

(2) The university official charged with executing the administrative task on behalf of the university may identify specific transactions to be executed by electronic signature.

(3) The university official charged with executing the administrative task on behalf of the university may identify specific transactions that shall not be executed by electronic signature.

(4) Nothing in this rule shall limit the university's right or option to conduct a transaction on paper or in non-electronic form, nor affect the university's right or obligation to have documents be provided or made available on paper when required by applicable policies, laws, or regulations.

(5) The university may specify the type of electronic signature required and the manner and format in which the electronic signature must be affixed to the electronic record, and the identity or, or criteria that must be met by, any third party used in facilitating the process.

(6) An electronic signature may not be valid if the individual who signed using such signature did not have authorization by the university to sign an electronic record.

(a) Appropriate procedures must be used to confirm the individual signing the record has the required signature authority.

(b) An electronic signature used by a person without the authority to sign such record, or used on a record for which electronic signature, is not approved by the university, shall not be considered binding on the university.

(7) Falsification of electronic records or electronic signatures is prohibited. It is a violation of this rule for an individual to sign as if they were another individual, and any documents executed under such false pretenses is null and void at the discretion of the university.

(8) Violations

(a) Employees who violate this rule are subject to disciplinary action up to and including termination of employment, and/or potential criminal sanctions under applicable federal, state, and local law.

(b) Students and prospective students who violate this rule are subject to disciplinary action under the student conduct code, and/or potential criminal sanctions under applicable federal, state, and local law.

(c) Other individuals to whom this rule applies who violate this rule are subject to appropriate sanctions, including but not limited to, termination of the relationship and/or potential criminal sanctions under applicable federal, state, and local law.

Last updated October 15, 2024 at 10:42 AM

History

Effective: October 14, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-125 Public records.

(A) Purpose

This rule is designed to assist in facilitating prompt access to public records and to ensuring compliance with the Ohio public records act.

(B) Scope

This rule applies to all individuals who manage records of the university.

(1) "Records retention schedule" refers to an institutional resource that provides guidance to the university community on the appropriate retention and disposition of records.

(2) "Public record" refers to records that are subject to release under the Ohio public records law.

(3) "Record" refers to any document, device, or item, regardless of physical form or characteristic, including an electronic record, that is created, received by, or comes under the purview of the university which serves to document the organization, its functions, policies, decisions, procedures, operations or other activities of the university.

(D) Rule

(1) Processing requests

(a) The office of the general counsel is the designated office for receiving and reviewing all public records requests. Requests can be made in person, by telephone, or in writing, including email.

(b) If another university department or office receives a public records request, that department or office should refer the request to the office of the general counsel.

(c) Although no specific language is required to make a public records request, the requester must identify the record(s) requested with sufficient clarity to allow the university to identify, retrieve, and review the records.

(d) The requester does not have to put a public records request in writing and does not have to provide their identity or the intended use of the requested public record(s). The university is permitted to ask for a written request, the requester's identity, and/or the intended use of the information in certain circumstances.

(e) The university is not obligated to create a new record containing the information requested or to perform research in response to a public records request.

(f) The university is not obligated to continue to update the requestor if new records are created after the record(s) are provided to the requestor.

(g) A university employee may accompany the requester while the requestor is inspecting university records.

(h) The university may not limit the number of public records requests that a single individual can make, nor limit the number of public records that will be made available during a fixed period of time.

(i) When a public records request is made to examine a personnel file of a current employee, the university will make a good faith effort to inform the employee whose file is the subject of the request.

(j) Requests for the release of records that are made through releases, subpoenas, or discovery efforts will be managed by the office of the general counsel and the affected department or office where the records are located.

(2) Electronic records

(a) Electronic records, such as email, text messaging, and instant messaging, including those sent and received via a hand-held communications device, are to be treated in the same fashion as records in other formats (i.e. paper, audiotape).

(b) All university employees are required to manage their email and other electronic records in accordance with the northeast Ohio medical university (NEOMED) records retention schedule and rule 3449-3-175 of the Administrative Code.

(c) Content transmitted to or from private accounts or personal devices that constitutes a public record is subject to disclosure.

(3) Response timeframe

(a) NEOMED public records are to be available for inspection during regular business hours.

(b) Public records must be made available for inspection promptly and copies of public records must be made available within a reasonable period of time.

(4) Denial and redaction of records

(a) Ambiguous or overly broad requests may be denied. The university will provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained and accessed by the university.

(b) Certain records, or portions of a record, are exempt from disclosure. Exempt portions of a record will be redacted. Any redactions will be plainly visible and explained to the requester with citation to the associated legal authority.

(5) Costs for copying and mailing of records

The university may require prepayment of costs associated with producing copies and delivery and may charge only its actual cost of producing copies of the records, including copying and mailing expenses.

(6) Managing records

Records are subject to the NEOMED records retention schedule and are managed in accordance with rule 3449-3-175 of the Administrative Code.

Last updated October 15, 2024 at 10:42 AM

History

Effective: October 14, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-140 Tobacco-free rule.

(A) Purpose

The purpose of this rule is to implement a campus wide tobacco-free rule consistent with the provisions set forth in Chapter 3794. of the Revised Code and the Ohio board of regents resolution promoting tobacco free Ohio campuses, issued on July 23, 2012.

(B) Scope

This rule applies to all individuals who are present on the university campus, including but not limited to employees, students and visitors who may be located inside or outside of any buildings, residences, or parking lots located on the university campus.

(1) "Smoking" refers to inhaling, exhaling, burning, or carrying any lighted or heated product intended for inhalation in any manner or any form. "Smoking" also includes the use of an apparatus, including but not limited to, an electronic smoking device, mod box, or electronic nicotine delivery system that creates an aerosol or vapor, in any manner or in any form, or the use of any other smoking device for the purpose of circumventing the prohibition of smoking in this rule. "Smoking" does not include the burning of incense in a religious ceremony.

(2) "Tobacco use" for the purposes of this rule means the use of nicotine, tobacco-derived or containing products, and plant-based products including products intended to mimic tobacco products, oral tobacco, or other similar products.

(D) Rule

(1) Restrictions. To protect the health and safety of our faculty, staff, students and visitors, all property on the university campus is designed as a non-smoking, tobacco-free area. Smoking or tobacco use is prohibited anywhere on the NEOMED campus. This rule is applicable to the inside and outside of all buildings, any parking areas, all vehicles on campus and any personal residence.

Consistent with this rule, university groups or members of the public that schedule indoor or outdoor spaces for approved functions on the university campus are prohibited from allowing smoking or permitting tobacco use during their function.

(2) Enforcement. People who repeatedly refuse to abide by the tobacco-free environment established by this rule will be referred to the following reporting authorities for further action:

(a) Students will be reported to the chief student affairs officer for handling in accordance with the student handbook.

(b) Faculty and staff will be reported to human resources for handling in accordance with the university faculty code of professional conduct or the employee handbook, as appropriate.

(c) Visitors, contractors and guests who are in violation of this policy should be immediately reminded of it and directed to comply. Continued violation of this policy may result in further action as deemed necessary by the appropriate personnel.

Last updated October 15, 2024 at 10:43 AM

History

Effective: October 14, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-143 Procedure for the request, use and disposal of cadaveric tissue on the NEOMED campus.

(A) Purpose

The purpose of this rule is to ensure the proper management and disposal of cadaveric tissue within the university.

(B) Scope

This rule governs the acquisition of cadaveric tissue to be used and disposed on the Rootstown campus as part of any research or educational presentation.

(1) "Cadaveric tissue" refers to tissue, including parts thereof, from a cadaver, or the dead body of an animal or human. Cadaveric tissues can be fixed or unfixed.

(2) "Fixative" refers to a substance that is added to products such as biological samples, or tissue to prevent decomposition by microbial growth or by undesirable chemical changes.

(3) "IACUC" refers to the institutional animal care and use committee.

(4) "Preservative" refers to a substance that is added to products such as biological samples, or tissue to prevent decomposition by microbial growth or by undesirable chemical changes.

(D) Procedure

(1) Notification and request to use procedures

(a) Any person seeking to bring non-human cadaveric tissue to the Rootstown campus must provide written notification to the institutional animal care and use committee (IACUC) regarding the acquisition of the cadaveric tissue before it is brought to and used on campus. The IACUC must also approve all cadaveric tissue requests, from both NEOMED and non-NEOMED individuals who wish to use tissue from cadavers of animals previously utilized in NEOMED research.

(i) Any individual intending to use non-human cadaveric tissue must inform the IACUC in writing of the plan to do so. This communication must contain the following information:

(a) Type of tissue to be acquired;

(b) Amount of tissue requested;

(c) Source of the tissue (Note: if an abattoir is to be used, please include the facility's United States department of agriculture registration number);

(d) Description of how the tissue is preserved (if applicable);

(e) Where the tissue will be used;

(f) Brief description of the proposed tissue use;

(g) How will the tissue be disposed of (coordinated via the safety office per paragraph (B) of this rule; and

(h) A statement must be included that states the animal were not euthanised specifically for the intended purpose.

(ii) The communication shall be addressed to the current IACUC co-chair via e-mail or written correspondence, with a copy sent to the regulatory affairs coordinator in the comparative medicine unit (CMU). All such communications should be forwarded to the regulatory affairs coordinator.

(iii) The IACUC co-chair will review the request and send their acknowledgment, or request for additional information, to the regulatory affairs coordinator. Once acknowledged, the regulatory affairs coordinator will notify the requesting individual(s) in writing of the IACUC decision. A copy of the communication will be kept on file with the IACUC records. The CMU manager also will be notified of the tissue request and IACUC decision.

(b) Request for use of human cadaveric tissue shall be referred to the chair of anatomy and neurobiology for appropriate consideration and handling in accordance with university practices and the standards of the NEOMED body donor program.

(c) Request and use of any human cadaveric tissue related to an approved research project and unrelated to the NEOMED body donor program will be subject to the approval of the appropriate safety committee(s) and in accordance with regulations in place on the NEOMED campus that governs such use.

(2) Requirements for the safe use and disposal of tissue

(a) Personal protective equipment (PPE)

Any person handling of any form of tissue is required to wear steril gloves at all times. If a significant splash hazard exists, safety goggles or glasses are required. If the tissue contains a formalin-based preservative, additional PPE or controls may be recommended or required.

(b) Preservative (fixative)

Tissue must be preserved in a fixative that is free of any carcinogenic properties (i.e. formalin, formaldehyde, paraformaldehyde) if the tissue will be used or handled as part of a demonstration to minors. If a preservative is present, the chemical mixture of the preservative must be reported to the NEOMED safety office. Additional safety requirements may be applicable, particularly the tissue is preserved in a manner different than required by this rule.

Educational events for minors that utilize cadaveric tissue may require waivers, permission slips or additional requirements as determined by guidelines on waivers for minors by the office of the general counsel.

(d) Request for supplies and/or disposal

(i) All disposal must be coordinated through the office of environmental and occupational health and safety.

(ii) To ensure proper disposal for tissue that is unrelated to an approved research project, a work order must be submitted to campus operations with the details of the event, including the following:

(a) Date and time of event;

(b) Date and time of pickukp of tissue or sharps for disposal;

(d) Responsible person for event;

(e) Any supplies requested for disposal (sharps containers, tissue containers and regular trash cans for waste not otherwise regulated);

(f) An indication of whether the tissue (or any related sharps) used are infectious. The infectious nature of any tissue or sharps is determined based on the following considerations:

(i) Whether the sharps were used on people;

(ii) Whether the tissue was deliberately infected with an infectious agent or biohazard; and

(iii) Whether the tissue is human in origin.

(g) An index to which any fees for disposal or containers can be charged.

(iii) Disposal related to an approved research project will be subject to the appropriate safety committees and regulations in place on the NEOMED campus that govern the disposal and will be subject to separate "lab disposal" requirements.

(iv) If the tissue is being purchased and utilized during an educational event provided on the Rootstown campus by a third party, the organizer of the educational event should address the appropriateness of the tissue being disposed of by the third party with the office of environmental and occupational health safety.

Last updated October 15, 2024 at 10:43 AM

History

Effective: October 14, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-145 Naming university property.

(A) Purpose

To establish rule guidelines for the naming of a building, a portion or wing of a building, or outdoor space on the Rootstown campus in recognition of contributions to the university or the university foundation "the foundation".

(B) Scope

Any individuals or entities that have made significant financial or service-based contributions to the university or the foundation in compliance with the criteria set forth in this rule.

Consult rule 3349-7-01 of the Administrative Code.

(D) Rule statement

(1) Individuals or entities who make a significant contribution to the university or the foundation may be afforded an opportunity to have a building, portion of a building, or an outdoor space named in their honor based on the nature and amount of their contribution.

(2) Naming opportunities. The university advancement office, leadership of the foundation, and other university leadership members will submit recommendations to the president of the university based on the contribution.

(3) Criteria. The criteria for naming university property or space differs based on the nature of the contribution.

(a) Financial contributions. The financial contribution may be in the form of cash, marketable stocks or securities, shares of mutual funds or exchange traded funds; bonds or other fixed securities; a binding commitment/agreement through a bequest included in a last will and testament; an irrevocable or paid up life insurance rule; real estate; personal property or equipment of substantial value to be used by the university, or other marketable physical assets, which can be easily liquidated by the foundation. The transfer of the assets must be completed prior to the naming of the facility. This delivery can also be achieved by the irrevocability of the gift to the university based on a future payment through an estate or proceeds from a life insurance rule.

(i) Amount of necessary for naming a building. The financial contribution must be greater than or equal to twenty-five per cent of the construction costs and be at least one million dollars in value.

(ii) Amount necessary for naming a portion of a building, a renovation of an existing building or outdoor space. The financial contribution must be greater than or equal to twenty-five per cent of the original construction costs or a value estimated by the university when the actual construction cost cannot be determined.

(b) Service contributions. In order to name a facility based upon a level of service, the contribution must:

(i) Be substantial and have had a major positive impact on the direction of the university; and

(ii) Be of an order that without the contribution, the university would have been negatively impacted in a substantial way.

(4) Approval. The approval required for awarding naming rights to an individual or entity differs based on the nature of the contribution and the property being named.

(a) Financial contributions related to a building. When naming a building based on a financial contribution, the president makes a recommendation to the university board of trustees. The university board of trustees will review the recommendation, and if they find the recommendation appropriate, will provide final approval.

(b) Financial contributions related to portions of a building or outdoor space. When naming a portion of a building or outdoor space, the president of the university provides final approval.

(c) Service contributions. When naming a facility for service contributions, the president makes a recommendation to the university board of trustees who provides final approval.

(5) Revocation of naming rights and adjustments. Naming rights may be revoked at the discretion of the president of the university or, as appropriate, the university board of trustees, due to public or private actions by the donor that could reflect negatively on the university. Failure of the donor to complete any condition or scheduled action concerning the contribution that was the inspiration for the naming opportunity may also result in revocation or adjustment to the naming.

(6) Recognition. To recognize the naming of a facility, the university may place an appropriate signage, work of art or other physical identifier acknowledging a donor's contributions to the university. The recognition will be commensurate to the contribution.

(7) Exceptions to the rule. The university board of trustees may deviate from any of the criteria or requirements set forth in this rule.

Last updated October 22, 2024 at 8:22 AM

History

Effective: October 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-7-01

(A) Purpose

To promote clarity in the university's human resources rules.

(B) Scope

The definitions set forth in this rule have applicability to all university rules, unless an alternative definition is specified within the rule for specific application to the issue being addressed.

(1) "Appointing Authority" refers to the person who has the power to appoint or remove an employee from a given position within the university based on a delegation of authority by the university's board of trustees pursuant to the powers granted to the board of trustees by division (F) of section 124.14 of the Revised Code. For unclassified hourly employees and for classified civil service employees of the university, the appointing authority is the director of human resources. For administrative staff, the appointing authority is the division director in which a given department or other organizational unit is located. For faculty, the appointing authority is the dean of the respective college.

(2) "Board of Trustees" ("Board") is established by section 3350.10 of the Revised Code and derives its power to govern from section 3350.12 of the Revised Code. The board is the governing body for the university and all its component colleges.

(3) "Break in Service" is a separation from public service of thirty-one days or more. Any university approved leave of absence, or any separation from service which carries the right to reinstatement, or reemployment shall not constitute a break in service; so long as the employee is reinstated or reemployed within the allowable time. The time the employee was on leave of absence or was separated shall not be counted in the calculation of retention points for continuous service.

(4) "College" means an academic unit headed by a chairperson or director.

(5) "Continuous Service" means service with a state of Ohio agency, an Ohio county office, or a state of Ohio supported college or university without a break in service.

(6) "Day(s)" mean calendar days, unless otherwise specified.

(7) "Dean" means the chief academic unit headed by a chairperson or director.

(8) "Department" means an academic unit headed by a chairperson or director.

(9) "Educational Records" means those records, files, documents and other materials which contain information directly related to a student and are maintained by a college, school, department, office or other university organization, subdivision or by a person acting for the university or any of its subdivisions.

(10) "Full-Time Employee" is an employee whose regular hours of duty total eighty hours in a bi-weekly pay period.

(11) "Immediate Supervisor" is the person who directs or oversees the work of another.

(12) "Normal Working Hours" are established from eight a.m. to five p.m. unless otherwise directed by the immediate supervisor.

(13) "Part-Time Employee" is an employee whose regular hours of duty are less than the eighty hours in a bi-weekly pay period.

(14) "Persona Non Grata" means that a nonstudent has exhibited behavior which has been deemed detrimental to the university community and thus is no longer permitted to frequent or be present in any or specified university locations.

(15) "President" means the president of the university.

(16) "Rootstown Campus" includes all of the real property, buildings and equipment owned by or for the benefit of the university that are located in Rootstown township, Portage county, Ohio.

(17) "Senior Administration" or "Leadership Team" are those individuals so designated by the president.

(18) "Student" means any person admitted or enrolled at the university in any of its courses or programs.

(19) "University" is the state supported higher education entity organized under the authority created by section 3350.10 of the Revised Code.

(D) Rule statement

(1) Words have their ordinary and widely accepted meaning unless the word or phrase has been assigned a specific meaning in federal laws and regulations, the Revised Code, the Administrative Code or university rule.

(2) The university hereby adopts the definitions set forth in federal laws and regulations, the Revised Code and the Administrative Code, as it applies to the university, as may be amended from time to time, unless the university has specifically adopted another definition for the term within this rule or any other rule of the university. This rule and each specific rule of the university should be consulted as necessary to determine if the university has given the word or phrase specific meaning.

(3) The administration of the university is hereby delegated the authority to amend these definitions as necessary to the further purpose, goals and mission of the university.

History

Effective: October 28, 2010
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-150 Awarding of honorary doctoral degrees.

(A) Purpose

To establish a rule governing the process through which the university may award an honorary doctoral degree to an individual.

(B) Scope

Any individual who has demonstrated excellence or achieved exceptional distinction in his/her field of endeavor including medicine, research, public service, creative arts, and business and/or industry.

(1) Honorary doctoral degree - a collegiate designation conferred upon a person who has achieved excellence or exception distinction in his/her field of endeavor.

(2) Honorary doctoral degree committee - the university body that reviews all nominations for receipt of an honorary doctoral degree and makes a determination as to which nominee will be recommended to the board of trustees as the recipient for that year. The honorary doctoral degree committee consists of: the chairman of the board of trustees; the chairman of the academic and scientific affairs committee of the board of trustees; the university president; and three senior faculty members representing the three divisions of the faculty.

(D) Body of the rule

(1) Criteria. The recipient of an honorary doctoral degree must exemplify the purpose and ideals of the college of medicine, college of pharmacy, or college of graduate studies. The achievements cited must represent contributions beyond expected high standards of the profession of the academic world and may only be awarded to a person before the end of his/her career if accomplishments are eminent or activities are worthy of highest commendation. The university would only consider awarding an honorary doctoral degree to a college of medicine, college of pharmacy, or college of graduate studies employee under the most extraordinary of circumstances. The recipient need not have an earned degree as a prerequisite.

(2) Nominations for an honorary doctoral degree. Nominations are to be submitted to the office of the president prior to January first each year. Letters of nomination, accompanied by the nominee's curriculum vitae, must cite the importance of the achievements and the reasons why the individual should receive an honorary doctoral degree. Nominations will remain active for five years.

(3) Consideration and award. The honorary doctoral degree committee will screen all nominations to determine which nominees merit further consideration. If further consideration is deemed appropriate, additional letters of support and other appropriate materials will be requested. If the honorary doctoral degree committee identifies a candidate for an honorary doctoral degree, the committee will submit its recommendation to the chairman of the academic and scientific affairs committee prior to February first. The academic and scientific affairs committee will forward its recommendation to the board of trustees for consideration.

(4) Awarding of degree. Honorary doctoral degrees will be awarded during the university's commencement proceedings in the spring.

Last updated October 22, 2024 at 8:22 AM

History

Effective: October 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-175 Records management.

(A) Purpose

The purpose of this rule is to establish economical and efficient methods related to the creation, utilization, maintenance, retention, preservation, and disposition of records and to document the methods necessary to comply with the northeast Ohio medical university (NEOMED) records retention schedule.

(B) Scope

This rule applies to all individuals involved in creating, receiving, accessing, using, or maintaining records.

(1) "Departmental archive" refers to the physical and/or digital space designated by each university department and office for the appropriate preservation of permanent records.

(2) "Departmental records manager" refers to the university employee from each department or office of record origin designated to assist with the university's compliance with regulatory records management requirements and facilitates the appropriate retention and disposition of records.

(3) "Disposal method" refers to the appropriate means of destruction based upon the university data within a record and the medium (i.e. electronic, paper) in which it exists. These disposal methods include, but are not limited to, shredding, recycling, electronic deletion or destruction, wastebasket disposal, and transfer to the respective departmental archive.

(4) "Disposition" refers to what is finally done with a record, whether it be ultimate destruction or transfer.

(5) "Document imaging" refers to the conversion of paper-based records to digital, imaged electronic records.

(6) "Electronic record" refers to any record created, generated, sent, communicated, received or stored by electronic means. (e.g., electronic mail ("email"), databases, document images, word processing documents and spreadsheets and material secured through blockchain technology).

(7) "Legal or litigation hold" refers to a restriction on a record that exists as a result of current or anticipated litigation, audit, government investigation, or other such matter that suspends the normal disposition or processing of records.

(8) "Records retention schedule" refers to an institutional resource that provides guidance to the university community on the appropriate retention and disposition of records.

(9) "Non-record" refers to any document, device, or item, regardless of physical form or characteristic, including an electronic record that does not meet the "record" definition (e.g., personal notes to assist in recalling events, copies of records, or library materials kept for reference).

(10) "Permanent record" or "archival record," refers to a record that is retained permanently by the university within a departmental archive for its significant administrative, legal, fiscal or historical value.

(11) "Public record" refers to records that are subject to release under the Ohio public records law.

(12) "Record" refers to any document, device, or item, regardless of physical form or characteristic, including an electronic record, that is created, received by, or comes under the purview of the university, which serves to document the organization, its functions, policies, decisions, procedures, operations or other activities of the university (e.g., financial records such as requisitions, purchase orders, and invoices; administrative records such as annual reports, university bylaws, and policies; and publications and other items issued by the university.

(13) "Record category" refers to a group of record series having common characteristics and retention periods and is listed within the NEOMED records retention schedule.

(14) "Record series" refers to a group of related records evaluated as a group for retention and disposition purposes.

(15) "Retention period" refers to the minimum period that records should be kept in a certain location or format based on its administrative, legal, fiscal, or historical value.

(16) "Transient record" or "transitory record" refers to a record which is not of long-term value and is not needed to preserve the actions of the university, but exist for short-term usage and/or convenience. (e.g., drafts that are not superseded or updated by other records; phone slips or voicemail; and meeting notices).

(17) "University data" as used and defined within rule 3349-9-15 of the Administrative Code.

(D) Rule statement

(1) Records management program

(a) NEOMED has established a records management program to comply with laws regarding the use of efficient and economical management methods for the creation, utilization, maintenance, retention, preservation, and disposition of records and to document the methods necessary to comply with the NEOMED records retention schedule.

(b) NEOMED's records management program shall be coordinated by the office of compliance and risk management, along with university departments, to ensure compliance with applicable laws and university policies.

(c) Records are the property of NEOMED and the state of Ohio and shall not be permanently removed or destroyed except in accordance with the NEOMED records retention schedule and its associated procedures.

(d) Public records maintained by the university must be made available for public inspection pursuant to the Ohio public records law.

(e) Each university employee is responsible for ensuring that records (including electronic records) within their area(s) are maintained in such a way that they can be identified and retrieved efficiently.

(f) All university employees are required to comply with this rule regarding records management.

(2) Record retention

(a) Records must be managed and retained if there is a legal, financial, administrative, or historical requirement to do so, as set forth in the records retention schedule.

(b) The amount of time that the university must retain records depends upon the legal, fiscal, administrative, and/or historical informational value of the record.

(c) Transient records are not subject to retention beyond the purpose for which they are created and can be disposed at that time; however, if retained, transient records are subject to Ohio public records act.

(d) All university employees must familiarize themselves with the NEOMED records retention schedule and understand what records they create and/or receive and are required to manage.

(e) University departments and offices shall conduct a periodic inventory of their records and align them to the NEOMED records retention schedule.

(f) If an employee identifies records for which there is no established retention period, the employee should contact their departmental records manager. Each departmental records manager will consult with the office of compliance and risk management to determine the appropriate retention periods and disposal method for a given records series.

(3) Record disposition

(a) Disposition of records shall be done in a timely manner and in accordance with the NEOMED records retention schedule.

(b) Prior to disposition, a department or office needs to confirm that the minimum retention period of the records has expired and that there is no legal or litigation hold on the records.

Records that have been placed under a legal or litigation hold by the office of the general counsel must not be disposed of or modified in any manner until the action is adequately resolved or the university general counsel has directed otherwise.

(c) Upon record disposition, each departmental records manager shall sign and maintain appropriate certificate of records documentation, which includes appropriate cataloging information regarding the records being disposed.

(d) The two broad types of disposition available to university departments and offices are:

(i) Record destruction

(a) The appropriate method of destruction is determined based upon the university data within a record and the medium (i.e. electronic, paper) in which it exists. These methods include, but are not limited to, shredding, recycling, electronic deletion, and wastebasket disposal.

(b) If restricted or private data, as defined in the university's classification of rule 3349-9-18 of the Administrative Code is evident, records should be destroyed by shredding or secure electronic destruction.

(c) A department or office's departmental records manager should complete and forward a certificate of records destruction ("CRD") to the office of compliance and risk management for review and signature before any records are destroyed. Transient records do not require a CRD.

(d) The office of compliance and risk management will conditionally authorize the destruction of records (via the CRD) to ensure that no records are disposed of prematurely or in violation of existing laws or statutes.

(e) University departments and offices are strongly encouraged to conduct a records retention review and corresponding records destruction annually.

(ii) Record transfer

(a) Records of outgoing employees shall be transferred to their successors (or designee, if no successor) and maintained in accordance with the NEOMED records retention schedule.

(b) Records with historical value may be transferred to the respective departmental archive upon the completion and approval of the certificate of records transfer (CRT) by the respective departmental records manager.

(c) If an employee has determined that records should be transferred to a departmental archive, they should consult with their departmental records manager for the appropriate procedures.

(d) Records that are transferred to the appropriate departmental archive become the administrative responsibility of that departmental archive and shall reside permanently in that departmental archive unless otherwise agreed upon.

(e) In order to help guarantee the preservation, integrity, and security of permanent records, access to and inspection of such records housed in departmental archives, whether by the general public or by university employees, shall be conducted on-premise only.

(4) Document imaging and scanned documents

(a) Paper-based records may be converted to an imaged electronic record through document imaging (referred to as a "scanned document") after consulting with the information technology department.

(b) As an electronic record, scanned documents are to be managed in the same manner as records in other formats (i.e. paper, audiotape) and in accordance with the NEOMED records retention schedule.

Last updated October 22, 2024 at 8:23 AM

History

Effective: October 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-9-15

(A) Purpose

Northeast Ohio medical university ("NEOMED") has instituted the following information security rule to establish the overarching, university-wide approach to information security and as a measure to protect the confidentiality, integrity and availability of university data and systems.

(B) Scope

This rule applies to university data and systems; university students, faculty, staff, and alumni; and authorized external users for legitimate university purposes (e.g., volunteers, tenants, vendors, contractors, consultants, guests and/or visitors).

(1) "Access control" refers to the process of regulating specific requests to obtain and use university data and systems.

(2) "Authorization" refers to the granting of permission to an identified individual to use university data or system(s) and to explicitly accept the risk to university operations, individuals, and assets based on extending such permission. Acceptance of authorization to use university data and systems establishes an obligation on the part of the individual to use those resources responsibly.

(3) "Availability" refers to the ensuring of timely and reliable access to and use of data or systems. Additionally, it describes the importance of access when the data or system is needed, and the impact on the organization if it is not available. A loss of availability is the disruption of access to or use of data or systems (e.g., hard drive failure, destruction of a system, system unresponsiveness, denial of service attack).

(4) "Confidentiality" refers to the preservation of authorized restrictions on data access and disclosure, including means for protecting personal privacy and proprietary data. A loss of confidentiality is the unauthorized disclosure of data (e.g., compromised by hackers; released or published publicly without authorization).

(5) "Data" refers to any instance of information, regardless of form or storage medium, that is categorized by an organization or by a specific law or regulation.

(6) "Information security" refers to the protection of university data and systems from unauthorized access, use, disclosure, disruption, modification and destruction with the intent to provide confidentiality, integrity and availability to such data and systems.

(7) "Integrity" refers to the guarding against improper data or system modification or destruction and ensuring authenticity and non-repudiation in the use of data or systems. A loss of integrity is the unauthorized modification or destruction of data or systems where such resources can no longer be trusted for use, are not complete, or incorrect.

(8) "Risk," with respect to the university, refers to the effect of uncertainty, either negative or positive, on the university's strategy and its strategic objectives.

(9) "Security incident" refers to an adverse event that results in a suspected or known unauthorized disclosure, misuse, alteration, destruction, or other compromise of university data or systems. A security incident is caused by the failure of a security mechanism or an attempted or threatened breach of these mechanisms through nonelectronic means (e.g., a violation of applicable university rules, mishandled documents, the theft or loss of a system, verbal or visual disclosure of personal information) and electronic means (e.g. hacking, malware, ransomware, phishing).

(10) "System" refers to an information technology resource that can be classified, may have security controls applied, and are organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of university data. Example of systems are, but not limited to: desktop, laptop, or server computers; mobile devices (e.g., iphones; ipads; android; blackberry) to the extent that they interact with university data and systems, such as university email; university network(s); software; applications; and databases.

(11) "University data" refers to data that is created, collected, stored and/or managed in association with fulfilling the university's mission or its required business functions. University data may or may not constitute a public record (as defined within section 149.43 of the Revised Code).

(12) "University account" refers to a user's username and password combination for a university system (e.g., university email).

(13) "University email", also known as "NEOMED email", refers to the university's approved microsoft-based email system used to transmit and receive electronic messages.

(14) "User" refers to any individual or entity that has received authorization, if applicable, to access university data or systems.

(D) Rule statement

(1) Overview

(a) The ability for the university to meet the regular needs of its academic, administrative, and research communities is facilitated, in large part, by using university data and systems. While these technologies are important assets of the university and are fundamental to the carrying out of its mission, they also introduce risk, which are increasing in both number and variety (e.g., phishing, identity fraud, misuses of university data and systems). As a result, the university has established an overarching information security rule to serve as the basis for the safeguarding of its data and systems.

(b) NEOMED will ensure that users are aware of their specific information security responsibilities in the use and management of university data and systems. By being aware, NEOMED expects users to use appropriate physical, electronic, and procedural safeguards to protect the confidentiality, integrity and availability of university data and systems, as outlined herein and throughout the university's information technology rules and procedures. While the safeguards utilized by the university are expansive and thorough, the university cannot guarantee absolute security; therefore, all users share responsibility to minimize risk and to secure university data and systems within their control. Any suspected misuse or other information security incidents must be reported, in accordance with the information security incident response plan rule.

(c) This overarching rule is supplemented and supported by other information technology rules and procedures that are created to support information security elements not outlined herein. All information security rules and procedures shall ensure compliance with all applicable federal and state security-related laws and regulations. These rules and procedures shall consider risk within their design and be written to recognize the risk severity and resource constraints of university.

(2) Information security elements

The following is an overview of the overarching components that provide the basis for the university's information security measures and corresponding safeguarding requirements. These components are adapted from the national institute of standards and technology (NIST) risk management framework and corresponding NIST security controls which are further developed within other university information technology rules and procedures.

(a) Confidentiality, integrity and availability: the university shall ensure that its information security rules and procedures address the basic security elements of confidentiality, integrity, and availability.

(b) Management and governance: the university shall implement an institutional governance structure for the management of its information security framework.

(c) Classification of university data and systems: the university shall implement classification requirements that protect university data and systems in the most appropriate manner.

(d) Risk management: the university shall apply risk management procedures to make informed decisions on appropriate information security safeguards and to aid in designing and implementing any additional information technology rules and procedures.

(e) Access control and authorization: the university shall implement information security rules and procedures regarding access control and authorization required to protect university data and systems.

(f) Audit logging: the university shall implement an information security audit logging capability for university systems, including computers and network devices.

(g) Identify, protect, detect, respond, and recover: information security rules and procedures shall include methods to identify, protect against, detect, respond to, and recover from threats and vulnerabilities to university data and systems.

(h) Rule and procedure management: rules and procedures created to supplement and support this overarching information security rule shall be reviewed by university information security personnel before being installed. These rules and procedures will be implemented with consideration of the business impacts and resource constraints for all university areas tasked with their implementation.

(3) Enforcement

(a) The university respects the privacy of individuals and keeps university data on university systems as private as possible. The university also does not generally monitor university email, systems, and university data stored on university systems or traversing the university's network; however, the university reserves the right to monitor, access, and disclose university data created, sent, received, processed, or stored on university systems to protect the confidentiality, integrity, and availability of university data and systems or for any reason to ensure compliance with university rules and federal, state, or local laws and regulations. University personnel will have the right to review and/or confiscate any university equipment connected to or using university data and systems. University personnel also reserve the right, without notice, to limit or restrict any individual's university data and systems access and to inspect, remove, or otherwise alter any university data or system that may compromise the information security of the university. University data and systems are the property of NEOMED and not the personal property of the individual.

(b) Access to university data and systems is a privilege that is granted by the university; therefore, non-compliance or violation of related university rules may result in disciplinary action, which could include, but is not limited to: suspension or loss of the user privileges related to university data and systems; mandatory information security training; written warnings, suspension with or without pay, or termination; or any other remedy available by law.

(c) The university will not defend or indemnify any user who utilizes university data and systems for an unlawful purpose or in contravention of university rules.

History

Effective: May 27, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3349-9-18

(A) Purpose

To establish a classification framework based upon the sensitivity and regulatory requirements for safeguarding university data and systems.

(B) Scope

This rule applies to all university data and systems and to those responsible for classifying or using university data and systems.

(1) "Authorization" refers to the granting of permission to an identified individual to use university data or system(s) and to explicitly accept the risk to university operations, individuals, and assets based on extending such permission. Acceptance of authorization to use university data and systems establishes an obligation on the part of the individual to use those resources responsibly.

(2) "Availability" refers to the ensuring of timely and reliable access to and use of data or systems. Additionally, it describes the importance of access when the data or system is needed, and the impact on the organization if it is not available. A loss of availability is the disruption of access to or use of data or systems (e.g., hard drive failure, destruction of a system, system unresponsiveness, denial of service attack).

(3) "Confidentiality" refers to the preservation of authorized restrictions on data access and disclosure, including means for protecting personal privacy and proprietary data. A loss of confidentiality is the unauthorized disclosure of data (e.g., compromised by hackers; released or published publicly without authorization).

(4) "Data" refers to any instance of information, regardless of form or storage medium, that is categorized by an organization or by a specific law or regulation.

(5) "Integrity" refers to the guarding against improper data or system modification or destruction and ensuring authenticity and non-repudiation in the use of data or systems. A loss of integrity is the unauthorized modification or destruction of data or systems where such resources can no longer be trusted for use, are not complete, or incorrect.

(6) "Internal university data" as defined within paragraph (D)(2)(a)(ii) of this rule.

(7) "Private university data" as defined within paragraph (D)(2)(a)(iii) of this rule.

(8) "Public university data" as defined within paragraph (D)(2)(a)(i) of this rule.

(9) "Record" refers to any document, device, or item, regardless of physical form or characteristic that is created, received by, or comes under the jurisdiction of an organization which serves to document the organization, its functions, rules, decisions, procedures, operations or other activities. University data may reside in university records, be used to produce university records, or may of itself be a university record.

(10) "Restricted university data" as defined within paragraph (D)(2)(a)(iv) of this rule.

(11) "Risk," with respect to the university, refers to the effect of uncertainty, either negative or positive, on the university's strategy and its strategic objectives.

(12) "System" refers to an information technology resource that can be classified, may have security controls applied, and are organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of university data. Example of systems are, but not limited to: desktop, laptop, or server computers; mobile devices (e.g., iphones; ipads; android; blackberry) to the extent that they interact with university data and systems, such as university email; university network(s); software; applications; and databases.

(13) "University data" refers to data that is created, collected, stored and/or managed in association with fulfilling the university's mission or its required business functions. University data may or may not constitute a public record (as defined within section 149.43 of the Revised Code).

(14) "User" refers to any individual or entity that has received authorization, if applicable, to access university data or systems.

(D) Rule statement

(1) Overview

(a) Northeast Ohio medical university is committed to protecting the privacy of its students, faculty, and staff, as well as protecting the confidentiality, integrity, and availability of university data and systems that are important to the achievement of the university's mission and ongoing operations.

(b) The university uses risk assessment methodologies to translate university data and system considerations into an appropriate risk classification. This is done by assessing the adverse effects that could be expected by a loss of confidentiality, integrity, and availability of university data or systems and then determining a severity level for each resource. If a need for confidentiality, integrity, or availability is higher or stronger than the other two measures, the overall classification of that university data or system will reflect that highest or stronger need.

Example: if a specific university data was assessed with a high need for confidentiality, but low needs for integrity and availability, the university data will be classified based upon the high need for confidentiality (classifications further detailed below).

(c) Based upon the classification, authorization to access university data or systems will vary and security controls for access and protection will be applied, in accordance with the university's information technology rules.

(d) Proper classification is a prerequisite to enable compliance with legal and regulatory requirements, and university rules and procedures.

(e) Regardless of classification, university data may reside within university records, be used to produce university records, or itself constitute a university record. University records are generally available to the public under the state of Ohio's public records law. Some records are protected by federal or state law or are otherwise exempt from disclosure.

(f) Any questions regarding the classification of university data and systems should be referred to the appropriate data steward, system steward, or to the office of compliance and risk management.

(2) Classification of university data

(a) The four university data classifications are, from least to most restrictive:

(i) Public

(a) Public university data is university data that is intended and accessible for public use and is not restricted by federal, state, local, or international regulations regarding disclosure or use.

(b) The potential loss of confidentiality, integrity, and availability of public university data could be expected to have no adverse effects on university operations, university assets, or individuals.

(ii) Internal

(a) Internal university data is university data used to conduct university business for which access must be guarded due to proprietary, ethical, or privacy considerations. This classification applies even though there may not be a civil statute requiring this protection. This university data is not intended for public dissemination, but its disclosure is not restricted by federal or state law or regulation.

(b) The potential loss of confidentiality, integrity, and availability of internal university data could be expected to have limited adverse effects on university operations, university assets, or individuals.

(i) The need for confidentiality is low/optional;

(ii) The need for integrity is low/optional as the university data is easily reproducible; and/or

(iii) The need for availability is low/optional as the university data provides an informational/non-critical service.

(iv) Access to and management of internal university data may only be available to users whose role, function, or assignment requires it.

(iii) Private

(a) Private university data is university data used to conduct university business for which access must be guarded due to legal, regulatory, administrative, and contractual requirements, in addition to proprietary, ethical, or privacy considerations.

(b) The potential loss of confidentiality, integrity, and availability of private university data could be expected to have serious adverse effects on university operations, university assets, or individuals.

(i) The need for confidentiality is moderate/recommended;

(ii) The need for integrity is moderate/recommended as the university data is internally trusted by or dependent on other university data or systems; and/or

(iii) The need for availability is moderate/recommended as the university data provides a normal or important service.

(c) Access to and management of private university data requires authorization and is only granted to those users as permitted under applicable law, regulation, contract, rule, and/or role.

(iv) Restricted

(a) Restricted university data is university data that requires the highest level of protection due to legal, regulatory, administrative, contractual, rule, industry standards, or rule requirements.

(b) The potential loss of confidentiality, integrity, and availability of private university data could be expected to have severe or catastrophic adverse effects on university operations, university assets, or individuals.

(i) The need for confidentiality is high/required;

(ii) The need for integrity is high/required as the university data is internally trusted by or dependent on other university data or systems; and/or

(iii) The need for availability is high/required as the university data provides a critical or university-wide service.

(c) Access to and management of restricted university data is strictly limited and determined by data stewards, as unauthorized use or disclosure could substantially or materially impact the university's mission, operations, reputation, finances, or result in potential harm to members of the university community (e.g., identity theft).

(b) The classification of university data is subject to change as the attributes, considerations, or regulatory requirements of that data change.

(i) When a set or collection of university data includes data of more than one classification, the set or collection of university data should be classified based on the most restrictive classification found in the set or collection.

For example, if a database contains both private and restricted university data, the database should be classified as restricted.

(ii) University data may be classified at a more restrictive classification; however, if this occurs, such data must meet the minimum-security measures for the more restrictive classification.

(3) Classification of university systems

(a) The three university system classifications are, from least to most risk:

(i) Low risk

(a) The system processes and/or stores public university data;

(b) The system is easily recoverable and reproducible; and/or

(ii) Moderate risk

(a) The system processes and/or stores internal university data;

(b) The system is internally trusted by or dependent on other university systems and its university data; and/or

(iii) High risk

(a) System processes and/or stores private or restricted university data;

(b) System is highly trusted by or dependent on other university systems and its university data; and/or

(b) University systems may be classified at a more restrictive classification; however, if this occurs, such systems must meet the minimum-security measures for the more restrictive classification.

(c) The classification of university systems is subject to change as the attributes, considerations, or regulatory requirements of those systems change.

History

Effective: May 27, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-180 Animals on the NEOMED campus.

(A) Purpose

The purpose of this rule is to establish rules governing the presence of animals on university property. This chapter is in accordance with the Americans with Disabilities Act (42 U.S.C. 12101, et seq.) (ADA) which governs the use of service animals by individuals with disabilities and the fair housing act (42 U.S.C. 3601, et seq.) which governs the use of emotional support animals by individuals with disabilities in housing.

(B) Scope

This rule applies to all individuals bringing animals to the NEOMED Rootstown campus. Specific procedures regarding the presence of animals at any affiliated clinical or experiential educational site is not governed by this rule.

(1) "Animal" for the purposes of this rule, refers to any non-research animal.

(2) "Controlled space" refers to any indoor area owned or controlled by the university, and any outdoor area owned or controlled by the university with limitations on use or access (e.g., practice fields, stadiums, farm, tennis courts, etc.).

(3) "Emotional support animal" (ESA) refers to any animal specifically designated by a qualified medical provider that provides emotional support or alleviates one or more of the identified symptoms of a person's disability. ESA's are also commonly known as assistance animals. ESA's are not service animals.

(4) "Handler" refers to an individual with a disability who is the owner or user or trainer of a service animal or ESA, or the owner or individual bringing an animal onto university property.

(5) "Individual with a disability" as used in this rule, refers to the definition proscribed by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment.

(6) "Pet" for the purposes of this rule, refers to any animal that is not a service animal, program animal or ESA.

(7) "Program animal" refers to animal that participates in an official university service or program. Program animals may include therapy animals.

(8) "Public spaces" for purposes of this rule, refers to public spaces are outdoor areas that are open to the general public.

(9) "Restricted spaces" refers to special purpose spaces such as educational or research laboratories or the comparative medicine unit (CMU).

(10) "Service animal" refers to any dog or, in some circumstances, a miniature horse specifically trained to do work or perform a task for the benefit of an individual with a disability. The tasks performed by a service animal must directly relate to the individual's disability.

(D) Rule

(1) Prohibition

All individuals are generally prohibited from bringing animals into any buildings or other controlled spaces on university property. However, individuals with a disability are allowed to bring service animals and emotional support animals (ESA's) on and/or into controlled spaces as provided below. In addition, faculty, staff and students are permitted to have pets in the village (residential housing) only to the extent permitted by the lease governing their rental agreement.

(2) Service animals

(a) The university welcomes the presence of service animals assisting individuals with a disability on its campus consistent with the provisions of this rule and applicable law. A service animal is generally permitted to be on university property in any place where the animal's handler is permitted to be. In certain limited situations, a service animal may be prohibited from restricted spaces (i.e. laboratories or CMU) for health and safety reasons. The accompaniment of an individual with a disability by a service animal to a location with health and safety restrictions will be reviewed on a case-by-case basis by the appropriate department representative(s) in collaboration with the offices of human resources, environmental and occupational health and safety (EOHS) and/or student services.

(b) A service animal requiring access to restricted spaces that may affect health and safety (i.e. labs, CMU) for an individual with a disability employed by the university must be approved in advance of bringing the animal to those restricted spaces.

(c) Members of the university community are prohibited from interfering in any way with a service animal, or the duties it performs.

(3) Emotional support animals (ESA's)

(a) An approved ESA for an individual with a disability who lives in the village is permitted within the individual's privately assigned living accommodations. However, the following may be considered when determining whether he presence of the animal is reasonable.

(i) The size of the animal;

(ii) Whether the animal is housebroken;

(iii) The status of the animal's vaccinations (if required);

(iv) The animal poses or has posed a direct threat to the individual or others (i.e. unwarranted aggression and/ or biting); or

(v) The animal causes or has caused excessive damage to property beyond normal wear and tear.

(b) An ESA outside the private individual living accommodations must be in an animal carrier or controlled by a leash or harness.

(d) ESA's are permitted to be in outdoor public areas to the same extent as pets.

(4) Pets

Pets generally are not permitted in or on any controlled space on university property and are permitted only in outdoor areas open to the general public.

(5) Program animals

The use of program animals on university property will be considered on a case-by case basis. The use of program animals must be requested via the animal related program request form.

(6) Handler's responsibilities

(a) A service animal, ESA, program animal or pet must be supervised directly by the handler, and the handler must retain full control of the animal at all times while on university property.

(b) The animal must be in an animal carrier or controlled by a harness, leash or tether, unless these devices interfere with the animal's work, the individual's disability prevents using these devices, or the animal is an ESA within the handler's own dwelling. In those cases, the handler must maintain control of the animal through voice, signal, or other effective controls.

(c) Animals may not be left unattended at any time on university property, except for service animals left in the handler's university residence or private office space or ESA's left in the handler's dwelling unit. The service animal or ESA may be left unattended only for reasonable periods of time, as determined by the appropriate university staff based on the totality of the circumstances. The university may request impoundment of an ESA or service animal left for longer than a reasonable period of time. Owners of impounded animals will be held responsible for payment of any impound and/or license fees required to secure the release of their animals.

(d) All handlers are responsible for compliance with state and local laws concerning animals (including registration, vaccinations, and tags), for controlling their animals, for cleaning up any waste created by the animal, and for any damage caused by the animal to individuals or property while on university property.

(7) Requests for accommodation

(a) Employees, students or visitors with service animals are not required to request an accommodation for such animal under normal circumstances. The handler may be asked only the following: what work or task(s) the animal has been trained to perform, and whether the animal is needed because of a disability (if not readily apparent).

(b) If the employee's or student's service animal will need access to restricted areas of campus that may impact health and safety of participants or the animal itself, prior approval is required via an accommodations request through the office of human resources (employees) or student accessibility services (students).

(8) Violations of rule and the removal of animals

(a) Access to university property may be restricted or revoked under the circumstances outlined below. Restrictions or exclusions will be considered on a case-by-case basis. The university reserves the right to remove or exclude an approved animal from university property if:

(i) The animal poses a direct threat to health and safety;

(ii) The handler does not maintain control of the animal, including but not limited to during any interactions with other animals;

(iii) The presence of an animal fundamentally alters a university program;

(iv) Improper/inadequate care of the animal is exhibited, including if the animal is not housebroken;

(v) Damage or harm is caused by the animal; or

(vi) The handler violates any of the responsibilities as outlined in paragraph (D)(6) of this rule.

(b) If the presence of an animal poses a direct threat to the health and safety of others, the university reserves the right to remove or exclude an animal from university property. In such a situation, public safety may be contacted to assist in the removal of the animal. In particular, if a handler's animal is disruptive in the classroom, the instructor may ask the handler and their animal to leave the classroom immediately. If a handler's animal is disruptive in the workplace, the handler's supervisor may ask the handler and their animal to leave the workspace immediately. If a handler's animal is disruptive at a university event, the event organizer may ask the handler and their animal to leave the event immediately.

(c) In all cases, should an animal be excluded, the handler will be allowed continued access to the workplace, educational setting or university setting.

(9) Exclusions

This rule expressly excludes aquarium fish, research animals under the governance of the university's IACUC and any animals used in law enforcement or rescue operations on university property.

Last updated October 22, 2024 at 8:23 AM

History

Effective: October 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-190 Affiliated entities.

(A) Purpose

The purpose of this rule is to establish a framework for the university to use in establishing, implementing, and monitoring its relationships with legally separate entities that support or complement the mission of the university. The university has a vital interest in and recognizes the valuable role played by each of its affiliates in meeting the mission of the university. The university is committed to providing quality support for the efforts and activities of each affiliate, while seeking to maintain the appropriate independence from its affiliates.

(B) Scope

This rule covers all affiliated entities as defined in paragraph (C) of this rule.

(1) "Affiliated entity" or "affiliate" refers to an organization that has a legal existence separate from the university, which is formed or operated to support or complement the mission of the university, and:

(a) Is controlled or strongly influenced by the university;

(b) Receives significant financial support from the university; or

(2) "Arms-length affiliate" refers to entities that use university resources, but do so through a relationship that is defined by a contract/memorandum of understanding between the parties. The university may act as fiscal agent or have other financial or operational ties to an arms-length affiliate.

(3) "Regular affiliate" refers to entities that have closer ties to the university than an arms-length affiliate, but the university does not have a significant interest in the entity.

(4) "Significant interest affiliate" refers to entities in which the university holds a significant interest.

(5) "Approved Agreement" refers to a memorandum of agreement or memorandum of understanding properly executed between the university and its affiliate.

(6) "Significant interest," for the purpose of this rule, refers to any of the following that apply to the affiliate:

(a) The university holds a significant financial investment in the affiliate, which is defined for this rule as an investment of two hundred fifty thousand dollars or more;

(b) The affiliate presents a significant compliance risk to the university; or

(D) Rule statement

(1) Propriety of creating affiliates and affiliated entities

The board of trustees and the senior leadership of university have a responsibility to ensure that the university's activities with regard to affiliates are conducted in a proper manner. To protect the university's interests, and as a condition of the affiliate's use of the university's name and resources, the following principles shall apply:

(a) The formation, purpose and operations of affiliates must promote, sponsor, or complement educational, scientific, research, charitable, health-care, economic development or cultural activities for the benefit of the university, or one of its component units;

(b) The university's relationship with each affiliate will be memorialized through an approved agreement;

(d) Affiliates must use sound fiscal and accounting procedures;

(e) Affiliates must be managed in a manner consistent with their own enabling documents and the university's purpose and mission;

(f) Affiliates must adhere to high ethical standards;

(g) Affiliates must abide by university policies unless otherwise specified in writing; and

(h) The university's relationship with an affiliate is not necessarily intended to be perpetual. Relationships with affiliates will be examined at least every ten years to determine whether the relationship will be continued or whether the triggering of a sunset provision is appropriate.

(2) Process for establishing an affiliate or a relationship between an affiliate and an external entity

(a) Affiliates may be established by the university or entities outside the university. The university unit or external entity desiring to establish an affiliate or relationship with an affiliate shall develop a detailed proposal which will include:

(i) Goals and objectives of establishing the affiliate;

(ii) Proposed organizational and governing board structures (the proposed governing board structure shall reserve at least one board seat for a university representative) for the affiliate;

(iii) Projected budget and business plan for the next five years;

(iv) Thorough risk assessment that defines and classifies risks inherent to both the proposed entity and the university, including potential conflicts of interest. The risk assessment must include mitigation strategies and metrics designed to quantify risk throughout the life of the affiliate and the considerations set forth in appendix A; and

(v) Draft approved agreement defining the affiliate's relationship with the university.

(b) The proposal shall be reviewed, and if appropriate approved by, the appropriate vice president, the office of administration and finance, and the office of general counsel and then forwarded to the senior leadership of the university.

(c) The senior leadership of the university shall review the proposal, and if deemed appropriate, recommend the establishment of the affiliate to the president of the university. One member of the senior leadership of the university must be recommended to be assigned the oversight responsibilities for the affiliate.

(d) Any significant interest affiliate may require the approval by the board of trustees before its creation. The president will use his/her discretion when determining whether to refer the matter to the board of trustees.

(e) The president shall appoint representatives who will serve on affiliate's governing board.

(f) Depending on the circumstances and the degree of separateness of the entity, legal representation with respect to the preparation of organizational documents may be provided by the university, the office of the attorney general, outside counsel to the university, or private counsel retained on behalf of the affiliate.

(3) Oversight of affiliates

The university shall exercise oversight over established affiliates through the following mechanisms:

(a) Inclusion of university representatives on the affiliate's governing board;

(b) Provision for reserve powers on behalf of the university in the affiliate's governing documents, if appropriate; and

(c) Execution of an approved agreement between the university and the affiliate outlining expectations and responsibilities, including affiliate governance requirements.

(4) University representatives on affiliate boards

Each affiliate shall provide for at least one university representative with full voting rights on its governing board. University representatives on affiliate governing boards shall be appointed by the president and shall be required to follow the guidelines and expectations articulated by the university as conditions for their service. The guidelines and expectations will be memorialized in a letter of appointment for each university representative on an affiliate board and shall include the following provisions, at a minimum:

(a) The university representative on the affiliate governing board shall keep the president informed of the affiliate's activities on a regular basis, as the president determines appropriate.

(b) The university representative shall consult with the president, as deemed appropriate, on any proposal to be presented to the affiliate governing board relating to the creation of new corporate subsidiaries or new lines of business. With respect to these matters, the university representatives shall exercise their votes as members of the affiliate governing board in accordance with instructions they receive from the university through its president or designee.

(c) Any grant or loan of university funds, or any action that could reasonably be construed as a guarantee or inducement for any other grant or loan, to an affiliate or any affiliate subsidiary shall be subject to the prior written approval of the university's president or designee.

(5) Policies of the university and affiliated entities

Unless otherwise specified in writing, policies of the university are binding upon its affiliates.

(6) Reserve powers

Reserve powers are specific acts of the affiliate that must be authorized by the university representatives on the affiliate governing board to be effective, even if the university representatives are not in the majority on the governing board. As determined appropriate by the university, these reserve powers must be memorialized in the affiliate's governing documents. Examples of acts that may be subject to reserve powers include dissolution, liquidation, merger, consolidation, and formation of subsidiaries. Reserve powers are not required of each affiliate, but will be an additional consideration when affiliate relationships are established.

(7) Approved agreements

The university shall enter into an approved agreement with each affiliate addressing the university/affiliate relationship and expectations and governance requirements. The approved agreement may also address university services and financial contributions, use of university marks, and other support provided by the university. Each approved agreement will be tailored to the specific needs of each affiliate. The approved agreement will specify that university policies are binding on the affiliates unless otherwise specified in writing. Appendix B contains a list of potential issues to be addressed in the approved agreement.

(8) Sunset provisions

It is expected that some affiliates will have finite life spans and that it will no longer be appropriate for an affiliate to continue its relationship with the university or to continue to exist as a separate entity. At least every ten years, the university will assess existing affiliates for the need for continued affiliation and separate entity status.

If it is determined that there is no reason for an affiliate's continued existence as a separate entity, the university may direct through its reserve powers, if applicable, or suggest to the affiliate that the entity be dissolved. It will be determined on a case-by-case basis whether the university can assist the affiliate in its dissolution and whether the remaining activities of the affiliate, if any, can or should be assumed by the university. If it becomes evident during the incorporation process that the affiliate will have a finite existence, the affiliate governing board should consider inserting automatic sunset provisions into its governing documents.

(9) Grandfathered affiliates

Those affiliates in existence on the effective date of the rule are exempt from the requirements set forth in paragraphs (D)(4)(a) to (D)(4)(c) of this rule.

View AppendixView Appendix

Last updated November 25, 2024 at 8:15 AM

History

Effective: November 25, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-200 Textbook selection.

(A) Purpose

To establish a university-wide rule and procedure regarding academic course textbook selection. The university desires to reduce student costs and increase the accessibility of a NEOMED education. Textbook selection procedures are designed to promote best practices and respond to state and federal textbook affordability initiatives and legislation.

(B) Scope

This rule applies to all colleges for all courses at NEOMED.

(1) "Textbook" refers to a text, electronic or print, that a faculty member instructs students to purchase for use as a central learning resource for a course.

(2) "Course" for the purpose of this rule, refers to all course types listed in the university's published course catalog.

(3) "Course director" refers to a faculty member who is responsible for textbook selection for their respective course.

(4) "E-book" or "electronic textbook" refers to an online, electronic version of a print textbook that is made available for student use on the NEOMED library website. E-books may include open-access resources and materials paid for by annual student fees.

(5) "Publisher" refers to a publishing company of a college textbook or supplemental materials involved in retail sale with the NEOMED bookstore.

(6) "Recommended textbook" refers to textbooks that students are not required to purchase upon registering but are recommended as supplements for understanding course learning outcomes. Students cannot use federal financial aid to pay for recommended textbooks.

(7) "Required textbook" refers to textbooks that students are required to purchase upon registering for a course for which they may request federal financial aid.

(8) "Student fees" refers to fees incorporated into the NEOMED students' cost of attendance to cover specific student resources, including certain library educational resources.

(9) "Supplemental materials" refers to additional educational materials meant to accompany a course textbook that may include print materials, electronically distributed materials, website access, or necessary equipment to apply textbook lessons (e.g. stethoscope). Supplemental materials must be designated as required or recommended for federal financial aid allocation.

(D) Textbook selection principles

NEOMED respects the academic freedom of faculty to select any and all textbooks that they deem most appropriate for the academic success of their students and to meet course learning outcomes. Course directors are strongly encouraged to carefully consider the following principles during textbook selection:

(1) Educational purpose and utilization. All textbooks should promote appropriate pedagogical practices and contain the most relevant and up-to-date content for student success in their respective fields of study.

(a) Required textbooks

(i) A significant portion of required textbooks should be heavily utilized as a learning resource throughout the course.

(ii) If a required textbook contains supplemental materials, faculty should be aware of the bundled and unbundled pricing. If all or some of the supplemental materials are deemed unnecessary for course instruction, faculty should either:

(a) Exclude the supplemental material from the reported required textbooks list; or

(b) Contact the NEOMED bookstore or the publisher to acquire only certain available supplemental materials at an unbundled price.

(b) Recommended textbooks

Because recommended textbooks are not covered by federal financial aid, faculty are strongly encouraged to only add recommended textbooks if they offer a significant benefit to student understanding of course learning outcomes and effectively supplement the required textbooks of the course.

(2) Affordability

(a) Pricing. If multiple textbooks are comparable in quality but range in price, course directors are strongly encouraged to choose the textbook that is more affordable to students.

(b) Edition. Publishers are required to report any substantial content revisions from the most current edition to the previous edition of all textbooks. If the previous edition can support academic success in the course and the revisions to the most current edition are not significant, course directors are strongly encouraged to advise their students that previous editions may be available in the NEOMED bookstore at a reduced price.

(c) Format. Course directors are strongly encouraged to consider selecting e-books when available and appropriate. Electronic textbooks are often cheaper for students and may be available through the NEOMED library at no additional cost.

(3) Preferential consideration of NEOMED library resources

(a) Course directors should contact the library to explore the digital and hardcopy resources already available when developing or modifying a course. Some library materials are purchased with student fees, so these materials should be prioritized for use in new courses, if applicable. If a new resource is necessary, it may require review and approval by the university (i.e., library acquisition of the resource, central vs. local management, budget request, incorporation into the student fee structure, etc.).

(b) Course directors should utilize the NEOMED library reference librarian and the NEOMED library collection when engaged in new course development or course modification.

(c) Course directors should utilize open-access, educational resources written by contributing faculty authors from universities across the united states such as openstax and open textbook library.

(d) NEOMED library purchase recommendation form

This form may be utilized to recommend the purchase of textbooks or other library materials. The form must be completed a year before the material is required. All purchasing recommendations are reviewed by the educational resource advisory committee.

(4) Selection transparency

Course directors are strongly encouraged to discuss the reasoning for selecting course textbooks with their students. Textbooks are a significant expense, so students should fully understand the decisions behind the selection of their course materials.

(E) Textbook selection and reporting procedure

The following procedure must be followed by the faculty of all colleges:

(1) Selection

(a) Textbooks are selected by course directors.

(b) Course directors are responsible for meeting any deadlines of the authorities in their college for textbook selection, syllabus approval, and textbook list reporting.

(2) Approval

(a) Course syllabi and their corresponding textbook selections must be approved by the appointed authority in each college:

(i) College of medicine syllabi and textbook selections are approved by the curriculum management and assessment committee.

(ii) College of pharmacy syllabi and textbook selections are approved by the curriculum committee.

(iii) College of graduate studies syllabi and textbook selections are approved by the graduate faculty council.

(b) During the approval process of a new course, the respective approving body is highly encouraged to consider ways in which the textbooks for the course can be made more affordable for students.

(3) Reporting

(a) All colleges must compile and report a complete list of courses and their corresponding required textbooks for the following academic year to the office of financial aid, the NEOMED library, and the NEOMED bookstore by March first. The following information must be included for each course within the college:

(i) Course name

(ii) Required textbooks

(a) Title

(b) Author

(d) International standard book number (ISBN)

(e) Format (e.g. e-book, library resource, print)

(iii) Supplemental materials that should be made available to students for purchase at the NEOMED bookstore.

(b) Elective courses should be included in the textbook list reported by colleges for the following academic year.

(c) Course directors with textbook lists that are expected to incur zero cost to students or include solely electronic textbooks are still expected to report their textbook list.

(d) For any unreported courses, it will be assumed that the textbook list will remain the same for the following academic year as it is in the current academic year.

(4) Publishing

(a) To ensure compliance with federal financial aid requirements, a complete list of textbooks by course with all required information, in addition to retail price, must be published for student access before March fifteenth on the NEOMED website.

Retail price will be determined and reported by the NEOMED bookstore to the office of financial aid based on publisher and distributor pricing for the purpose of calculating student cost of attendance.

(b) Any information unable to be published for student access should be labeled as "to be determined" until the course director reports the necessary information for the course to the office of financial aid and the NEOMED bookstore.

Last updated October 22, 2024 at 8:23 AM

History

Effective: October 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-201 Expressive activity and harassment.

(A) Purpose

The purpose of this rule is to support the right of expression on the northeast Ohio medical university (NEOMED) campus.

(B) Scope

This rule applies to NEOMED students, student groups, faculty, staff, and any other persons who use space on the NEOMED campus and is adopted in accordance with section 3345.0212 of the Revised Code, which requires each public university in Ohio to adopt a rule on harassment that is consistent with and adheres strictly to the definition of harassment proved in section 3345.0121 of the Revised Code.

(1) The university believes that the right of expression is as necessary as the right of inquiry and that both must be preserved as essential to the pursuit and dissemination of knowledge and truth. The university's commitment to freedom of expression, however, does not extend to harassment. Ohio law defines harassment as conduct and/or expression that is:

(a) Not protected by the first amendment to the United States Constitution or article I of the Ohio Constitution (unprotected expression);

(b) Unwelcome; and

(c) So severe, pervasive, and objectively offensive that it effectively denies an individual equal access to the individual's education program or activity.

(2) Expression (either in person, in writing or by telecommunication) must meet all three elements to be actionable under this rule. This rule applies to alleged harassment that takes place on NEOMED property (owned, leased, or controlled premises), at NEOMED sponsored events, and in connection with a NEOMED recognized program or activity. Students should report alleged violations of this rule to the office of student services. Faculty and staff should report alleged violations of this rule to the office of human resources.

(3) This rule shall not be construed to impair any right or activity, including speech, protest, or assembly protected by the United States Constitution.

(D) Nothing within this rule shall be interpreted as preventing NEOMED from restricting expressive activities that the first amendment of the United States Constitution or article I, sections 3 and 11 of the Ohio Constitution does not protect. Further, nothing in this rule shall be interpreted as restricting or impairing the university's obligations under federal law including, but not limited to, Title IV the Higher Education Act of 1965, Title VI of the Civil Rights Act of 1962, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, section 405 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, Age Discrimination in Employment Act and the Age Discrimination Act of 1975 as specified in rules 3349-7-10 and 3349-10-75 of the Administrative Code.

Last updated October 22, 2024 at 8:23 AM

History

Effective: October 21, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-7-10

(A) Purpose

To establish a non-discrimination and harassment rule to promote compliance with state and federal laws as well as reinforce NEOMED's commitment to maintaining a professional and collegial work and learning environment in which all individuals are treated with respect and dignity. Every individual has the right to work and learn in a professional atmosphere.

(B) Scope

This rule applies to all students, faculty, staff, employees and applicants for employment or admission to the university and its programs.

(1) "Abusive/bullying behavior" is the persistent repeated pattern of mistreatment from others in the workplace or the classroom that causes the victim physical, mental, or emotional harm. abusive/bullying behavior includes mistreatment that is abusive physically or verbally, and encompasses offensive conduct or behaviors, such as interference with completing or sabotaging work that has been done. Abusive or bullying behavior is different than that of constructive criticism or counseling to address and improve performance. Abusive or bullying behavior is unprofessional and inappropriate for the workplace or the classroom.

(2) "Applicant" is an individual who has applied for either a specific position at the university or who has applied for admission to the university.

(3) "Complainant" refers to any person who seeks recourse pursuant to this rule because they have reasonable cause to believe they experienced harassment or discrimination.

(4) "Complaint" refers to a statement by a complainant seeking recourse pursuant to this rule to address instances of harassment or unlawful discrimination. A complaint can be written or verbal when alleging harassment, abusive/bullying behavior, or discrimination.

(5) "Discrimination" occurs when an adverse employment or education action is taken that is based upon a protected class.

(6) "Equal education opportunity" means that all persons in a protected class shall have equal access to participate in educational activities.

(7) "Equal employment opportunity" means that all persons in a protected class shall have equal access to positions at the university, limited only by their ability to do their job.

(8) "Harassment" in the employment context is unwelcome verbal or physical conduct based on a protected class that unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment.

"Harassment" in the education context is unwelcome verbal or physical conduct based on a protected class that interferes with, denies, or limits an individual's ability to participate in or benefit from the university's educational programs and activities.

Harassment can take two forms: power differentials (quid pro quo) or hostile environment:

(a) Quid pro quo harassment exists when:

(i) There are unwelcome requests or demands based on a protected class, which may include but are not limited to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of sexual nature; and

(ii) Submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions adversely affecting such individual.

(b) Hostile environment in the employment context includes any situation in which there is harassing conduct based on a protected class that is sufficiently severe or pervasive such that it unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment.

(c) Hostile environment in the education context includes any situation in which there is harassing conduct based on a protected class that is sufficiently severe, persistent, or pervasive that it interferes with or denies educational benefits or opportunities, from both a subjective (the complainant's) and an objective (reasonable person's) viewpoint. The determination of whether an environment is "hostile" is based on a totality of circumstances. However, a single or isolated incident of harassment may be severe enough to create a hostile environment.

(d) This definition may include behaviors defined in rule 3349-10-75 of the Administrative Code when that rule lacks jurisdiction to investigate a complaint, as well as complaints of intimidation on any protected class basis.

(9) "Protected class" and "protected status" are defined by state and federal law to include age, color, disability, ethnicity or shared ancestry, gender identity or expression, genetic information, national origin, race, religion, sex, sexual orientation, transgender status, status as a parent during pregnancy and immediately after the birth of a child, status as a parent of a young child, status as a foster parent, or veteran status. This definition is meant to protect individuals who identify as Jewish and are subject to antisemitic behaviors, including but not limited to rhetorical and physical manifestations of hatred toward Jewish or non-Jewish individuals and/or their property, or toward a Jewish community institution or religious facility.

(10) "Respondent" refers to a person or persons against whom an allegation of harassment, abusive/bullying behavior, or discrimination has been made pursuant to this rule.

(11) "Investigator" refers to a university official who decides whether this rule has been violated and makes decisions regarding sanctions, if appropriate. The assistant director, student conduct and Title IX is designated the investigator for complaints that contain a student respondent. The senior human resources generalist is the investigator for complaints that contain an employee respondent. If those responsible for investigating such complaints are the subject of a complaint, the president will name an appropriate party to investigate. If the president is charged with harassment, Abusive/bullying behavior, or discrimination, the matter will come under the jurisdiction of the board of trustees, or their designees for handling.

(12) "Retaliation" refers to intimidation, threats, coercion, or other behaviors meant to interfere with the employment or educational right of a person or person(s) who reported alleged discrimination, harassment, or abusive/bullying behaviors, whether by the alleged or on behalf of the alleged.

(D) Policy statement

(1) The university is an equal education and employment institution operating under nondiscrimination provisions of Titles 33 and 41 of the Revised Code; Titles VI, VII of the Civil Rights Act of 1964, as amended; and Title IX of the Educational Amendments of 1972, as amended; Vocational Rehabilitation Act section 504; Vietnam Era Veterans' Readjustment Act, as amended; Age Discrimination in Employment Act of 1967, as amended; Title II of the Genetic Information Nondiscrimination Act of 2008; state of Ohio Executive Order 2019-05D and 20226D; state of Ohio administrative policy HR-14; and Americans with Disabilities Act, as amended as related to admissions, treatment of students, programs and activities, and employment practices.

(2) NEOMED seeks to promote an environment in which all students, faculty and staff interact on the basis of individual strengths and characteristics, without having such interactions shaped by generalizations or stereotypes based on a person's protected status and to encourage constructive thoughtful and sensitive behavior. Harassment, discrimination, and abusive/bullying behaviors are serious offenses that may be cause for disciplinary action.

(3) Discrimination, harassment, and abusive/bullying behaviors as defined in this rule are prohibited in every aspect of employment, including hiring, layoff, termination, transfer, promotion, demotion, rate of compensation, and any matter directly or indirectly related to employment. Such acts are also prohibited in the development, delivery, and assessment of all educational experiences designed for students.

(a) All faculty, staff and students have a responsibility for ensuring that NEOMED's working and learning environment is free from harassment or unlawful discrimination.

(b) The university reserves the right to take measures to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a hostile work or learning environment.

(c) Abusive/bullying behavior may be addressed through measures such as remedial action(s), conflict resolution mechanisms, coaching, discipline, and/or additional civility education trainings.

(4) Retaliation against persons who file complaints or cooperate with the investigation of a complaint of discrimination and/or harassment is a violation of this rule, as well as the law, and is strictly prohibited.

(5) Employees who believe they have experienced harassment, abusive/bullying behavior, discrimination or retaliation may report the incident using the online form, or by speaking to their supervisor or the senior human resources generalist.

(6) Students who believe they have experienced harassment, abusive/bullying behavior, discrimination, or retaliation may report the incident using the online form or by speaking to the associate director, student conduct and Title IX.

Faculty, staff and students share the duty to report all instances of discrimination or harassment of which they are aware directly to the senior human resources generalist or the assistant director, student conduct and Title IX.

An employee or applicant for employment may also file a complaint with human resources or with an external agency.

(7) The duties and responsibilities of all departments or division under this rule include:

(a) Ensuring the management practices prevent discrimination and support equal employment opportunity;

(b) Providing information and resources to supervisors, managers, and employees in support of equal employment opportunities and non-discrimination;

(c) Ensuring that instances of discrimination are promptly referred to the department of human resources or student services.

(d) Ensuring that corrective action steps are properly implemented; and

(e) Consulting with the department of human resources or student services to meet obligations under this rule.

(8) The duties and responsibilities of the division of human resources and student services, as appropriate, include:

(a) Providing equal employment opportunity and non-discrimination information and resources;

(b) Investigating complaints of discrimination, harassment, or abusive/bullying behavior under the reasonable person standard and issuing action steps for correction where necessary.

(i) If the investigation determines that a person intentionally falsely accused another of discrimination, harassment or abusive/bullying behavior, appropriate actions will be recommended against the person.

(ii) Allegations of harassment, discrimination and abusive/bullying behavior often involve the collection, use and disclosure of sensitive personal information. All reasonable measures will be taken to maintain confidentiality. Information concerning a complaint may be provided to appropriate NEOMED officials on a need-to-know basis. Any person knowingly, willfully or negligently breaching confidentiality may be subject to sanctions or other appropriate action.

(iii) Subject to any limitations or disclosure requirements imposed by law, all information, whether oral, written or electronic, created, gathered, received or compiled through the course of a complaint is to be considered confidential by both the complainant and respondent, their representatives and advocates, witnesses and other officials designated by this rule. All information will be treated as "supplied in confidence for investigatory purposes." All closed investigatory files will be retained by the general counsel in accordance with the university's record retention rule.

(9) This rule will not be interpreted, administered or applied to infringe upon the academic freedom of any faculty, staff or student. Speech or conduct protected by the First Amendment to the United States Constitution; Sections 3 and 11 of Article I of the Ohio Constitution; or the university's free speech on campus rule or faculty bylaws is not harassment for purposes of this rule. The frank discussion of controversial ideas, the pursuit and publication of controversial research and the study and teaching of material with controversial content do not constitute harassment, provided these activities are conducted in an atmosphere of respect.

(10) This rule is not to be interpreted, administered or applied in such a way as to detract from the right and obligation of those in supervisory roles to manage performance and behavior and subsequently discipline employees and students, subject to managerial and instructional rules and procedures.

(11) Investigation procedures

(a) When a faculty member is charged with harassment, discrimination or bullying/abusive behavior, this rule and the procedures promulgated hereunder will be employed in lieu of the procedures outlined in rule 3349-3-77 of the Administrative Code, including censure and dismissal for just cause.

(b) Informal procedures

(i) All members of the NEOMED community are permitted to resolve complaints informally. Students who feel they have been harassed or discriminated against should discuss the matter with the associate director, student conduct and Title IX. Employees who feel they have been harassed or discriminated against should discuss the matter with the senior human resources generalist. The associate director or senior human resources generalist will provide the complainant a confidential forum for expressing concerns and exploring options for addressing them; advise the complainant on both informal and formal procedures for addressing their concerns.

(ii) After receiving a detailed statement of the complaint, the investigator may, with the permission of the complainant, to attempt to resolve the complaint by informal resolution by discussing the complaint with the respondent to seek a mutually acceptable resolution. If no resolution is reached, the investigator will explain that the complainant may file a written complaint. Unless a written complaint is filed, no further action will be taken by the university except as authorized by the investigator.

(i) All members of the NEOMED community are permitted to file a written complaint using the online form at any time. Students should submit a formal written complaint with the senior human resources generalist or assistant director for student conduct and Title IX, who will investigate and adjudicate the matter.

(ii) Complaints must be filed within one hundred eighty days of the last alleged incident.

(iii) A complainant is permitted one support person to accompany them to investigatory or other meetings. The support person cannot be a family member or attorney, nor may it be a witness or party otherwise involved in the matter related to the complaint. The support person is not a participating party and may not speak on behalf of a party.

(iv) It may be necessary to place a faculty member, staff member or student on administrative leave/interim suspension during the investigation and resolution of a complaint. Such administrative leave/interim suspension will not be viewed as a disciplinary or punitive action. If the administrative leave involves a faculty member or staff member, the administrative leave will be with pay unless otherwise authorized by law.

(d) Investigation process includes the following steps

(i) The investigator will promptly notify the respondent of the formal complaint made against them including a general overview of the complaint details along with the rule under which the complaint was brought.

(ii) The investigator will interview the complainant, respondent, and other individuals with knowledge of the situation. The complainant and respondent may identify individuals with knowledge during their interview that the investigator may interview individuals at their discretion.

(iii) Following the investigation, the investigator will prepare a written report including the allegations, summary of information, findings, and recommendations to be implemented.

(iv) The written report will be released to the complainant and any other necessary parties, including the respondent. The report will also be placed in the appropriate personnel file or student file if the respondent is found to have violated this rule.

(e) Recommendations

(i) In making disciplinary decisions and recommendations, the investigator will take the following matters into consideration: the severity the offense; whether the offense was an isolated incident or involves repeated acts; presence of any mitigating and/or aggravating circumstances; and whether there was an imbalance of power between the parties.

(ii) Sanctions beyond education and training include, but are not limited to:

(a) Employee sanctions could include verbal reprimand, written reprimand, probation, suspension with or without pay, demotion and termination. The investigator may impose a sanction upon employees of up to, but no more than, a three-day suspension without pay, without consulting with the vice president of human resources.

(b) Student sanctions could include: informal reprimand, formal reprimand, probation, suspension or expulsion. The investigator may impose a sanction upon students of involuntary probation without consulting with the dean of the respective college.

(iii) If respondent is listed as key personnel on any federal award issued to university and is subject to discipline or removed from his/her position through either the informal or formal resolution process, the university will notify the funding source of any such action taken under this rule.

(f) Anonymous complaints will be investigated, to the extent possible, in a similar manner as is set forth in this rule, including the release of any written report or sanctions.

(12) All faculty, staff, and students will receive training on this rule and how to respond to incidents of harassment, including hate incidents that occur during a class or campus event.

(13) Campus security and university police will collaborate with state and local law enforcement or applicable student groups to provide a safe environment for student groups facing threats of terror attacks or hate crimes.

Last updated November 12, 2024 at 8:39 AM

History

Effective: November 11, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-10-75

(A) Purpose

The university is committed to maintaining a safe, nondiscriminatory environment in which students and employees of the university can work, learn, and participate in activities free from sexual harassment. Title IX of the education amendments of 1972 and its associated regulations prohibit discrimination on the basis of sex in any education program or activity receiving federal funds. The conduct outlined in this rule, committed against any students or employees of the university, are prohibited conduct under federal law.

(B) Scope

This rule applies to acts committed by students, employees, or visitors/vendors of the university regardless of gender identity or expression or sexual orientation. This rule defines prohibited conduct as it relates to sexual harassment under Title IX of the education amendments of 1972. Students and employees of the university may be victims of sexual harassment by individuals unaffiliated with the university. For the purposes of this rule, employees are full or part time faculty or staff members; students are those who are enrolled in one or more programs at the university; and visitors are those who are not obtaining a degree, attending classes, or directly employed by the university. Student employees are considered students for the purposes of this rule.

Formal complaints of sexual harassment filed by a complainant or signed by the Title IX coordinator will be resolved in accordance with the university's Title IX grievance procedures set forth in this rule. The Title IX grievance procedures have been developed to provide an equitable process for determining whether a violation of this rule has occurred, as well as to remediate the effects, and prevent the occurrence of, prohibited conduct in violation of this rule.

(1) "Actual knowledge" refers to notice of sexual harassment or allegations of sexual harassment to the Title IX coordinator or any official with authority (OWA).

(2) "Complainant" refers to an individual who is alleged to be the victim of conduct that could constitute sexual harassment. Where the Title IX coordinator signs a formal complaint, the Title IX coordinator is not a complainant or otherwise a party in the matter.

(3) "Coercion" for the purposes of this rule refers to the intimidation, threats of the physical or psychological nature, or pressure used to force another to engage in sexual acts.

(4) "Consent" for the purposes of this rule, refers to permission or agreement to engage in sexual activity. Consent can be given by words or actions as long as those words or actions create mutually understandable permission and willingness to engage in sexual activity. Consent must be active; silence cannot constitute consent nor can consent to one form of sexual activity be implied as consent to another form of activity. Consent can be withdrawn at any time and previous consent for a sexual act cannot imply future consent. Consent for sexual activity is not present if an individual:

(a) Is in a state of incapacitation (from alcohol or drug use or mental or physical impairment) whereas another individual knows or should have reasonably known of the incapacitation;

(b) Is coerced;

(d) Is unconscious or unaware the act is being committed; or

(e) Is unable to consent due to age.

(5) "Course of conduct," as it relates to stalking, means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.

(6) "Education program or activity" refers to locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the sexual harassment occurred, including any building owned or controlled by a student organization that is officially recognized by the university.

(7) "Formal complaint" refers to a document filed by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that the university address the allegation of sexual harassment.

(8) "Incapacitation" refers to the state of substantial impairment when an individual is unable to make reasonable, rational decisions because they lack the capacity to give knowing consent. For the purposes of this rule, incapacitation includes individuals whose impairment results from physical or mental disabilities, involuntary restraint, or the consumption of alcohol or other drugs. Incapacitation cannot be used in a defense for behavior that violates this rule.

(9) "Official with authority" refers to an employee who has authority to institute corrective measures for sexual harassment on behalf of the university. For the purposes of this rule, OWAs include the Title IX coordinator, vice president of human resources, senior executive director of academic affairs and student services, assistant dean of students in the college of medicine, assistant dean of student success in the college of pharmacy, and vice dean in the college of graduate studies.

(10) "Reasonable person" means a reasonable person under similar circumstances and with similar identities to the victim.

(11) "Respondent" refers to the person alleged to have engaged in conduct that could constitute sexual harassment as defined in this rule. A respondent is presumed not responsible for the alleged conduct until a determination is made in accordance with this rule.

(12) "Retaliation" refers to intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or because an individual made a report or complaint, or participated or refused to participate in any Title IX grievance process.

(13) "Sexual harassment," for the purposes of this rule, refers to conduct on the basis of sex which occurs within the university's education program or activity against a person in the united states, and satisfies one or more of the following:

(a) "Sexual harassment by quid pro quo" is an employee of the university conditioning the provision of an aid, benefit, or service of the university on an individual's participation in unwelcome sexual conduct;

(b) "Sexual harassment by hostile environment" is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university's education program or activity; or

(i) "Sexual assault" includes conduct that meets any of the following definitions:

(a) "Rape" means the carnal knowledge of a person, without the victim's consent, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. "carnal knowledge" means the slightest penetration of vagina by the penis.

(b) "Sodomy" means non-consensual oral or anal sexual intercourse with another person, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

(c) "Sexual assault with an object" means use an object or instrument (other than a person's genitalia) to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the victim's consent, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

(d) "Fondling" means the touching of the private body parts of another person for the purpose of sexual gratification, without the victim's consent, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

(e) "Incest" means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

(f) "Statutory rape" means sexual intercourse with a person who is under the statutory age of consent.

(ii) "Dating violence" means an act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(iii) "Domestic violence" refers to felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

(iv) "Stalking" refers to engaging in a course of conduct directed at a specific person that would cause a reasonable person with similar characteristics under similar circumstances to:

(a) Fear for the person's safety or the safety of others; or

(b) Suffer substantial emotional distress.

(D) Body of rule

(1) Jurisdiction. To meet the jurisdictional conditions of Title IX, alleged conduct must occur in the university's education program or activity or within the scope of employment against a person in the United States. This includes alleged conduct which occurs on campus or as part of the university's operations, including computer and online platforms owned and operated by, or used in the operations of the university.

(a) Complaints of alleged conduct that does not fall under the jurisdiction conditions set forth in paragraph (D)(1) of this rule will be dismissed for the purposes of Title IX. In situations where a complaint is dismissed under Title IX, the parties will be notified in writing and given a period of five business days to appeal the dismissal, in writing, to the vice president for human resources and diversity (or designee). Allegations dismissed under Title IX may still constitute a violation of other university rule and may be addressed using separate conduct processes.

(b) The university may dismiss a formal complaint or any allegations therein, if at any time during the grievance process, prior to reaching an informal or formal resolution:

(i) The complainant notifies the Title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations it contains;

(ii) The respondent is no longer enrolled or employed by the university; or

(iii) Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal complaint or allegations it contains.

(2) Reporting. The university supports and encourages the campus community to report any and all instances of gender-based violence to the following resources:

(a) Title IX coordinator. Reports of sexual harassment should be made to the Title IX coordinator, whose contact information can be found at https://www.neomed.edu/diversity/title-ix/. Reports may be made at any time, including during non-business hours. The Title IX coordinator, or designee, will respond to the report with a request for an intake meeting within twenty-four business hours after addressing immediate supportive measures/safety.

(b) Law enforcement. Reports may be made to the NEOMED police department at 330-325-5911 or to the Portage county sheriff's office at 330-296-5100 if a person believes the sexual harassment he/she experienced may constitute a crime. A report can be made to both law enforcement and university employees designed in this rule. Reports made to the NEOMED police department are not confidential.

(c) Other reporting sources. Reports made to officials with authority are not confidential. These individuals are required to inform the Title IX coordinator of any such report made to them:

(i) Vice president of human resources;

(ii) Senior executive director of academic affairs and student services;

(iii) Assistant dean of students in the college of medicine;

(iv) Assistant dean of student success in the college of pharmacy; and

(v) Vice dean in the college of graduate studies.

(d) Confidential reports. Reports made to one of the licensed counselors in the center for student wellness and counseling services (CSWCS) are confidential and will not be reported to the Title IX coordinator.

(e) Anonymous reports. Anonymous reports will be accepted; however, in these instances, the university's ability to provide supportive measures or investigate the alleged conduct may be compromised. The university will address anonymous complaints to the extent possible.

(f) Consolidation of formal complaints. The university may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

(g) False complaints. Intentionally filing a false complaint of sexual harassment is a violation of this rule and could constitute a criminal act. Evidence of this nature will be referred to the university's general counsel.

(h) Retaliation. Neither the university nor any other person may retaliate against an individual for the purpose of interfering with any right or privilege secured by Title IX or because an individual made a report or complaint, or participated or refused to participate in any Title IX grievance process. Retaliation should be reported promptly to the Title IX coordinator. Evidence of retaliation is grounds for disciplinary action.

(i) Limited amnesty. Individuals who make a report of sexual harassment or participate in any sexual harassment grievance procedure may not be subject to disciplinary action by the university for behavior that is otherwise considered a violation of the student conduct code or terms of employment. This includes the personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not place the health or safety of any other person at risk.

(j) Minors. Upon receipt of a report of alleged sexual harassment or sexual violence committed by or upon a minor in a university affiliated program or activity, the Title IX coordinator or designee shall:

(i) Complete an immediate safety assessment to restore a safe environment;

(ii) Determine whether local law enforcement and/or children and family services have been notified and decide whether such notification is required or appropriate;

(iii) Notify the parents or guardians of the minor(s) involved; and

(iv) The Title IX coordinator or designee will review this rule with the guardian(s), provide available on and off campus resources to the minor, and explain the process to submit a formal complaint.

(3) Supportive measures

(a) Supportive measures are non-disciplinary, non-punitive individualized services offered by the Title IX coordinator as appropriate and as reasonably available, without fee or charge, to the complainant or respondent. Supportive measures may be offered before or after the filing of a formal complaint, or where no formal complaint has been filed.

(b) Supportive measures are designed to restore or preserve equal access to the university's education program or activity.

(i) Mutual no contact directives;

(ii) Counseling and health services;

(iii) Course-related adjustments;

(iv) Modifications of work or class schedules;

(v) Campus escort services;

(vi) Academic support;

(vii) Consideration of leave requests; and

(viii) Designated hours for use of shared facilities.

(4) Resources and support

(a) Confidential resources

(i) The CSWCS is an on-campus confidential resource and can be reached at 330-325-6757. Making a report to CSWCS licensed counselors will not result in a report to law enforcement or other university personnel, including the Title IX coordinator.

(ii) Off-campus, twenty-four/seven local crisis resources include townhall II, which can be reached at 330-678-4357(help), and coleman professional services, which can be reached at 330-296-3555.

(b) Treatment. Any person who has experienced an act of sexual violence is encouraged to go to the nearest emergency room or hospital for evaluation, treatment, and counseling. St. Thomas hospital in Akron, Ohio, offers specialized services for victims of sexual violence. Though a person who has experienced an act of sexual violence may choose whether to notify law enforcement authorities about the offense, filing a police report near in time will:

(i) Ensure the person receives necessary medical treatment and tests at no expense;

(ii) Provide an opportunity for the time-sensitive collection of evidence helpful in the prosecution, such as collecting soiled clothes and advising the person to refrain from bathing or douching, washing his/her face, urinating, drinking liquids, eating, or brushing his/her teeth; and

(iii) Assure that the person has access to free confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.

(c) Advisors of choice. Both parties are permitted to be accompanied to any and all meetings and interviews related to the Title IX grievance process by an advisor that the party chooses. This can include but is not limited to: a parent, friend, lawyer, or colleague. A party can request to the Title IX coordinator that an advisor of choice be assigned to them, and the university will provide a trained advisor to the party free of charge. Advisors of choice are mandatory during the formal resolution live hearing process but are optional at other stages.

(5) Procedures for resolving formal complaints of sexual harassment

(a) Informal resolution

(i) Informal resolution is only available in situations where a formal complaint has been filed by the complainant.

(ii) After a formal complaint is filed, the respondent will be provided notice of the allegations of sexual harassment potentially constituting a violation of this rule. The respondent will be given a minimum of three days to prepare for any informal resolution.

(iii) In order to proceed with an informal resolution, both parties must provide voluntary, written consent to the informal resolution process. In situations where neither party, or only one of the parties, agrees to an informal resolution, the Title IX coordinator will proceed with the formal resolution process.

(iv) In situations where the respondent is an employee of the university and the complainant is a student of the university, there is no option for informal resolution and the Title IX coordinator will proceed with the formal resolution process.

(v) Any informal resolution will be conducted through a facilitator in a manner designed to provide a prompt, fair, and impartial resolution.

(vi) Both parties have the right to be accompanied at any meetings as part of the informal process by an advisor of choice.

(vii) The complainant and respondent are not required to address the formal complaint directly with one another if they choose to pursue an informal resolution.

(viii) Both parties have the right to discontinue the informal resolution and initiate the formal resolution process at any time prior to both parties signing an informal resolution agreement.

(ix) Both parties have the right to request an informal resolution prior to any hearings as part of the formal resolution process; however, both parties must agree, in writing, to proceed with an informal resolution.

(x) Both parties will be asked to sign an informal resolution agreement within three business days of the conclusion of the informal resolution. If one or both of the parties does not sign the informal resolution agreement within the specified timeframe, the Title IX coordinator will proceed with the formal resolution process.

(xi) The case will be closed once both parties have signed an informal resolution agreement. There are no bases to appeal an informal resolution.

(b) Formal resolution

(i) Formal resolution is only available in situations where a formal complaint has been filed by the complainant or signed by the Title IX coordinator.

(ii) Any formal resolution will be conducted in a manner designed to provide a prompt, fair, and impartial resolution. Most formal resolutions will be resolved within a ninety-day window. The Title IX coordinator will notify the parties if this time frame will not be met and provide sufficient reasoning.

(iii) Both parties have the right to be accompanied at any meetings, interviews, or hearings as part of the formal process by an advisor of choice.

(iv) There is the presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the formal resolution process.

(v) After a formal complaint is filed, the respondent will be provided notice of the allegations of sexual harassment potentially constituting a violation of this rule, along with a minimum of three days to prepare for any initial interview.

(vi) A formal investigation into the allegations will include interview(s) with the complainant, interview(s) with the respondent, and interviews with any witnesses believed to possess relevant evidence regarding the allegations.

(vii) Both parties will have an opportunity to examine a draft version of the investigatory report and any relevant evidence collected throughout the investigation and will have a period of ten business days to submit a written response.

(viii) The investigator(s) will compile a final investigatory report, which will be provided to both parties and their advisors of choice no less than ten business days prior to any hearings on the matter.

(ix) Live hearings will take place via video conference and will be closed to the public. During the live hearing, both parties will have the opportunity to cross-examine one another, as well as any witnesses, through an advisor of choice. If either party does not have an advisor of choice, an advisor will be provided by the university at no cost for the sole purpose of conducting the cross-examination.

If a party or witness does not submit to cross-examination at the live hearing, a decision-maker may consider any statements made by that party or witness when reaching a determination regarding responsibility, so long as the statements are otherwise permitted under Title IX regulations.

(x) The preponderance of the evidence standard will be applied in any formal resolution process initiated by a formal complaint of sex-based harassment. A "preponderance of the evidence" is met if it is determined to be more likely than not, based on the evidence available, that the respondent's behavior violated the sexual harassment under this rule.

(xi) At the conclusion of the live hearing, the decision maker(s) issue a written decision, which shall include the following:

(a) A statement of the allegations made to support a claim of sexual misconduct;

(b) A description of the procedures followed throughout the process, starting from the formal complaint through the determination;

(d) A conclusion regarding whether the university rule was violated based on the factual findings;

(e) A statement of the result as to each allegation, including the rationale for the statement and a determination of responsibility;

(f) A statement of any disciplinary sanctions imposed upon the respondent or remedies put in place in to restore or preserve; and

(g) The procedure and available bases for appeal.

(c) Appeals. Only formal resolutions may be appealed. Both parties have the right to submit a written appeal within five business days of receiving the written decision. Appeals should be submitted to the vice president for human resources and diversity or designee. Appeals can only be made on any one of the following grounds:

(i) Procedural irregularity that affected the outcome of the matter;

(ii) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and

(iii) The Title IX coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(6) Disciplinary sanctions

Sanctions may only be imposed as the result of disciplinary proceedings and may not be imposed prior to informal resolution or a finding of responsibility at the conclusion of the formal process. Possible sanctions include:

(a) Suspension from or termination of further employment;

(b) Suspension or dismissal from further matriculation;

(d) No-contact directives;

(e) Educational intervention; or

(f) Restrictions from participating in co-curricular activities.

(7) Emergency removal and administrative leave. The university may remove a respondent from the university's education program or activity on an emergency basis. Prior to removal, the university will conduct an individualized safety and risk analysis and must determine that an immediate threat to the physical health or safety of any student, employee, or other individual arising from the allegations of sexual harassment justifies removal. The university will provide notice of an emergency removal and give the respondent an opportunity to challenge the emergency removal decision immediately following the removal.

The university may place a non-student employee respondent on administrative leave while a grievance process is pending.

Last updated October 10, 2024 at 8:42 AM

History

Effective: October 18, 2021
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-202 Free speech on campus.

(A) Purpose

The purpose of this rule is to establish a free speech rule on the NEOMED campus. Section 3345.0215 of the Revised Code requires each public university in Ohio to adopt a rule on campus free speech that is consistent with and adheres to the principles set forth within it.

(B) Scope

This rule applies to NEOMED students, student groups, and faculty, and is established to safeguard their ability to express and respond to disparate views.

(1) Students have a fundamental constitutional right to free speech.

(2) A state institution of higher education shall be committed to giving students broad latitude to speak, write, listen, challenge, learn, and discuss any issue, subject to paragraph (D)(10) of this rule.

(3) A state institution of higher education shall be committed to maintaining a campus as a marketplace of ideas for all students and all faculty in which the free exchange of ideas is not to be suppressed because the ideas put forth are thought by some or even by most members of the institution's community to be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

(4) It is for a state institution of higher education's individual students and faculty to make judgments about ideas for themselves, and to act on those judgments not by seeking to suppress free speech, but by openly and vigorously contesting the ideas that they oppose.

(5) It is not the proper role of a state institution of higher education to attempt to shield individuals from free speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

(6) Although a state institution of higher education should greatly value civility and mutual respect, concerns about civility and mutual respect shall never be used by an institution as a justification for closing off the discussion of ideas, however offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed those ideas may be to some students or faculty.

(7) Although all students and all faculty are free to state their own views about and contest the views expressed on campus, and to state their own views about and contest speakers who are invited to express their views on the campus of a state institution of higher education, they may not substantially obstruct or otherwise substantially interfere with the freedom of others to express views they reject or even loathe. To this end, a state institution of higher education has a responsibility to promote a lively and fearless freedom of debate and deliberation and protect that freedom.

(8) A state institution of higher education shall be committed to providing an atmosphere that is most conducive to speculation, experimentation, and creation by all students and all faculty, who shall always remain free to inquire, to study and to evaluate, and to gain new understanding.

(9) The primary responsibility of faculty is to engage in an honest, courageous, and persistent effort to search out and communicate the truth and counter untruths that lie in the areas of their competence.

(10) This rule shall not be construed to impair any right or activity, including speech, protest, or assembly protected by the United States Constitution. The university may, however, impose the following measures, which do not violate the first amendment to the United States Constitution or the Ohio Constitution, such as:

(a) Constitutional time, place, and manner restrictions;

(b) Reasonable and viewpoint-neutral restrictions in nonpublic forums;

(c) Restricting the use of NEOMED property to protect the free speech rights of students and faculty and preserve the use of the property for the advancement of the university's mission;

(d) Prohibiting or limiting speech, expression, or assemblies that are not protected by the first amendment to the United States Constitution or Ohio Constitution; or

(e) Content restrictions that are reasonably related to a legitimate pedagogical purpose, such as classroom rules enacted by faculty.

(11) Complaints regarding violations of this rule

(a) Anyone filing a complaint alleging violation of this rule must be acting in good faith and have reasonable grounds for believing the information disclosed indicates the policy was violated. The university is committed to protecting individuals from interference with making a complaint under this policy and from retaliation for having made such a complaint.

(b) A student, student group, or employee may submit a complaint about an alleged violation of this rule by an employee of the university. Complaints alleging that a university employee has violated this policy should be submitted via email to freespeech@neomed.edu within ten business days of the alleged violation. Complaints shall include a description of the conduct alleged to have violated the policy with sufficient specificity to allow for further investigation, and shall include, at a minimum, the time, date, and location of the alleged violation and the provisions of this rule that the conduct is believed to have violated. Upon receipt of a complaint, human resources will work in collaboration with the office of the general counsel to promptly conduct an investigation of the complaint. Allegations against a faculty-respondent will be investigated in accordance with rule 3349-3-77 of the Administrative Code. An investigation of allegations against a staff-respondent, or a faculty member acting in an administrative capacity, will adhere to the following process:

(i) Issuing a written notification to the respondent;

(ii) Interviewing the complaint and respondent;

(iii) Interviewing other witnesses identified by either the complainant or the respondent and collecting any relevant evidence;

(iv) Preparing an investigative report to be shared with both the complainant and respondent before being finalized;

(v) Options to pursue an informal consent resolution or formal hearing based upon the finalized report. If a formal hearing is requested:

(a) A hearing panel appointed by the senior vice president and provost or senior vice president for operations and finance, as appropriate, will review the matter utilizing a preponderance of the evidence standard;

(b) The hearing panel will issue a written finding on each alleged violation of the policy, to include a basis for the finding, along with options for appealing its findings within five business days based on:

(i) A procedural irregularity that significantly affected the findings made by the hearing panel; or

(ii) New evidence that was not reasonably available at the time the findings were made that could significantly affect the outcome of the matter.

(vi) appeals from the formal hearing will be directed to the senior vice president and provost or senior vice president for operations and finance, as appropriate.

(12) Sanctions for violations of the policy

(a) Employees acting in a faculty capacity who are found to have violated this policy will be subject to the sanctions set forth in rule 3349-3-77 of the Administrative Code.

(b) Employees acting in a staff or administrative capacity who are found to have violated this policy may be sanctioned with a verbal or written reprimand, probation, suspension, or termination depending on the investigation or hearing.

Last updated July 14, 2025 at 8:15 AM

History

Effective: July 13, 2025
Promulgated Under: 111.15

Ohio Adm.Code 3349-3-77

(A) Purpose

(1) To provide for the enforcement of laws and regulations applicable to faculty in their education, research and services roles; the university faculty bylaws and rules governing the conduct of faculty.

(2) To provide for appropriate due process protections

(B) Scope

(1) The procedures of this rule do not apply to faculty non-reappointment or nonrenewal of a faculty contract.

(2) The waiver of any hearing or appeal rights by the accused or the resignation of the accused will not preclude the university from following any of the procedures outlined herein.

(3) This rule applies to faculty only in their capacity as faculty members in the fulfillment of their education, research and service responsibilities to the college and/or university. This rule does not apply to academic administrators in their capacity as academic administrators, even if they hold a faculty appointment.

(4) The university does not condone bullying, intimidation, harassment or unlawful discrimination. Allegations of such misconduct will be handled in accordance with university policies on bullying, harassment, or unlawful discrimination even if such misconduct was allegedly committed by a faculty member in his/her role as a faculty member.

Words have their ordinary and widely accepted meaning unless the word or phrase has been assigned a specific meaning within their university faculty bylaws.

(1) Accused. Refers to the faculty member against whom allegations of conduct constituting just cause have been made.

(2) Censure. Official and public reprimand.

(3) Charge(s). A formal, written statement of the complaint(s) or allegations against a faculty member.

(4) Dismissal. An involuntary permanent severance of employment, enrollment or volunteer status.

(5) File. Official file for the faculty member.

(6) Funding agency. Any source which provides funds for the conduct of professional research.

(7) Hearing. An official meeting at which witnesses are heard and evidence is presented.

(8) Inquiry procedures. Procedures used to determine whether there is probable cause that misconduct has occurred.

(9) Investigatory procedures. Procedures employed to conduct a thorough evaluation of relevant evidence.

(10) Just cause. Includes, but is not limited to:

(a) Professional incopetence;

(b) Conduct not in accordance with the ethical standards of a faculty member of the university or the profession as defined in the university faculty code of conduct;

(d) Dishonesty in administration, teaching or in the conduct of research or breach of professional ethics;

(e) Conduct which significantly impairs the faculty member's ability, or that of others, to carry out their responsibilities to the university;

(f) Violation of the policies of the university and university faculty bylaws; or

(g) Conviction of a felony;

(11) Malfeasance. The doing of an act which a person ought not do at all.

(12) Misfeasance. The improper doing of an act which a person might lawfully do.

(13) Nonfeasance. The omission of an act which a person ought to do.

(14) Preponderance of the evidence. The greater weight of the evidence, superior evidentiary weight, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

(15) Probation. A defined period of time during which a faculty member must meet a set of goals and expectations or face termination.

(16) Reprimand. Formal written disciplinary documentation by an administrative superior not requiring a hearing or other due process protections. A reprimand constitutes a final, non-appealable resolution of a given charge.

(17) Sanction. A penalty imposed. All sanctions will be noted in the faculty member's file. The available sanctions include, but are not limited to:

(a) Reprimand;

(b) Removal from a particular project;

(d) Censure

(e) Suspension

(f) Salary reduction;

(g) Probation; or

(h) Termination of appointment and/or employment.

(18) Scientific misconduct, misconduct in ccience. fabrication, falsification, plagiarism or other practices that seriously deviate from those that are commonly accepted within the scientific community for proposing, conducting, or reporting research. It does not include honest errors or honest differences of interpretations or judgments of data (42 CFR 50.102). This definition also includes "research misconduct" that is defined as fabrication, falsification, or plagiarism in proposing or performing research funded by national science foundation (NSF), reviewing, research proposals submitted to NSF, or in reporting research results funded by NSF (45 CFR 689.1).

(19) Suspension. An immediate, interim action employed by the dean of the college or the provost of the university pending a full investigation and disposition of charges brought against a faculty member. The suspension may result in the faculty member being relieved from some or all of his/her duties. Suspension may be automatic or discretionary.

(D) General considerations

(1) Public statements

Public statements on behalf of the university may be made only under the authority of the president.

(2) Confidentiality

The university will conduct all inquiries into charges of misconduct discreetly. This information will be held in confidence to the extent permitted by law. All committee meetings and hearings will be closed.

(3) Protection for wistleblowers

The university will, to the maximum extent permitted by law, protect the privacy of and will not take any adverse action against an individual who, in good faith, makes allegations of misconduct. The university will not tolerate any retaliation by the accused.

(4) Conflicts of interest

The university shall take precautions against real or apparent conflicts of interest on the part of those involved in any investigation or inquiry proceeding. Any person having a conflict of interest must disclose the conflict to the individual responsible for that phase of the proceedings. Objections by the accused to the appointment of a specific inquiry committee or review committee members will be honored if the university concludes that the committee or its member(s) cannot be fair and impartial.

(5) Duty to cooperate

All university employees are required to cooperate in good faith with investigations of possible misconduct.

(6) General counsel

The university's general counsel will assist during all proceedings (including hearings) by securing, reviewing and maintaining the integrity of evidence, necessary relevant records and materials; and providing consultation to all committees as needed. All final reports will be maintained by the general counsel in a secure manner for at least five years after the termination of the proceedings.

(E) Informal procedures for non-scientific misconduct

(1) If an allegation of conduct constituting just cause that does not involve scientific misconduct has been made against a faculty member, the faculty member's department chair or his or her designee shall investigate the matter within thirty calendar days of the report. The department chair or designee will document the allegation and the results of the investigation.

(2) At the conclusion of his/her investigation, the department chair shall provide the faculty member with a written report outlining the allegation and the results of the investigation. The faculty member may submit a written response to the allegation and the results of the investigation to the department chair no later than ten business days from the date the faculty member receives a copy of the written report.

(3) Upon receipt of the faculty member's written response or upon expiration of the time period for a faculty member to submit a written response, the department chair will confer with the dean or the dean's designee of the respective college to review the allegation, investigation findings and faculty member's response, if applicable, to determine if any further investigation or action is required.

(4) If appropriate and after consultation with the dean or the dean's designee, the department chair may issue a reprimand to the faculty member. A reprimand may properly be issued if the violation is relatively minor and correctable and if the violation does not pose a threat to public well-being or the university resources. A reprimand will constitute a final, non-appealable resolution of the matter.

(5) If the dean determines that a sanction beyond a reprimand should be considered, an inquiry committee will be convened to undertake a formal investigation and hearing as outlined in paragraph (F) of this rule.

(6) If the faculty member charged with misconduct is a department chair or in the decanal line, the dean or the dean's designee will conduct the investigation and make a determination if further action as set forth herein is required.

(F) Formal proceedings

(1) Preliminary inquiry for allegations of scientific misconduct

(a) Allegation(s) of scientific misconduct must be submitted in writing to the dean as soon as possible. Upon such notification, the dean shall provide written notice to the provost of the university and the accused of the charges and a summary of the supporting evidence or investigative reports, if any, no later than five business days after the dean's receipt of the allegation(s).

(b) No later than five business days from the date the provost receives the written allegation, he/she shall appoint a three-person inquiry committee from within the university to advise the dean. The inquiry committee will consist of associate professors and professors from outside the department of the accused. committee members cannot be co-investigators of the accused.

(d) The inquiry committee shall complete the preliminary inquiry, including preparation of a written report, no later than thirty calendar days from the date of the inquiry committee appointment. The report shall summarize what evidence was reviewed, relevant interviews and include the conclusions and recommendations of the inquiry committee.

(e) The accused shall be given a copy of the report and may submit a written response to the report within five calendar days of receipt of the report.

(f) If the preliminary inquiry cannot be completed within thirty calendar days from the date of appointment, the record shall include documentation of the reasons for delay and indicate when the inquiry will be completed. However, the preliminary inquiry must be concluded within forty-five calendar days.

(g) The inquiry committee will make a finding on each charge and will document the reasons for that finding. The committee may recommend in writing to the dean that:

(i) No further proceedings are necessary; or

(ii) Phase II formal proceedings should be initated.

(h) The inquiry committee report, signed by the inquiry committee members, will be submitted to the dean, who will review it with the provost.

(i) The dean will provide written notice to the accused of the outcome of the inquiry and will consider the matter closed or request that the provost convene a review committee within thirty calendar days of the completion of the inquiry.

(j) If the inquiry committee discovers any reason, as outlined in paragraph (B)(7) of this rule, which indicates that the office of research integrity (ORI), national science foundation (NSF), or other appropriate funding agency should be notified, the committee chair must immediately notify the provost and the dean.

(2) Notification of funding agencies

The provost, or designee, will notify the ORI, NSF or other appropriate funding agency if, at any stage of the inquiry or investigation, it becomes apparent that any of the following conditions exist:

(a) There is an immediate health hazard involved;

(b) There is an immediate need to protect federal funds or equipment;

(c) There is an immediate need to protect the interests of the person(s) making the allegations or of the indivicual(s) who is the subject of the allegations as well as his/her co-investigators and associates, if any;

(d) It is probable that the alleged incident will be reported publicly;

(e) There is reasonable suspicion of possible criminal violation; if criminal activity is suspected, the university must inform the funding agency within twenty-four hours of obtaining that information; or

(f) Disclosure of facts that may affect current or potential funding for the individual(s) under investigation or that may compromise the funding agency's ability to ensure appropriate use of federal funds and otherwise protect public interest.

(3) Notification of investigation

If a review committee is convened to consider allegations of scientific misconduct, the provost or his/her designee will notify the appropriate funding agency, in writing of the investigation on or before the date formal proceedings begin. Such notification shall include the name of the person(s) accused, the general nature of the allegations, and the application or grant number(s) involved.

(G) Formal proceedings - review committee

(1) Notification of charges

(a) Within five business days of the decision to convene a review committee, the dean will notify the individual(s) involved, in writing, of the:

(i) Charge(s);

(ii) Names of the review committee members;

(iii) Right to a hearing and the date, time and place of said hearing; and

(iv) Right to attend the hearing; to call witnesses; and to have an individual present designated as counsel who may advise the accused but not address the committee. The accused is responsible for his/her own legal expenses.

(b) Notification will be personally delivered or sent by certified mail, return receipt requested.

(c) Failure of the accused to attend or participate constitutes a waiver of the right to do so and will not delay or impede the process as outlined herein.

(d) The dean may suspend the accused from some or all of his/her duties for the duration of the review. Suspension during this period will be with full pay and benefits unless the law forbids.

(2) The review committee

(a) The provost shall appoint an ad hoc review committee consisting of three members from the ranks of associate professor and full professor. The faculty on the review committee may be drawn from any college of the university.

(b) The committee shall elect its own chair.

(3) Duties of the review committee

(a) The review committee shall conduct an investigation, which shall include examination of documentation it deems necessary to carry out its responsibilities, in whatever format, including, but not limited to: relevant research data and proposals, publications, correspondence, memoranda, records of telephone calls, research notebooks and the inquiry committee's report.

(b) The review committee will provide a receipt acknowledging possession of the materials to the inquiry committee. When requested by the accused, photocopies of written materials taken shall be provided to the accused. Other evidence will be made available for review under controlled conditions.

(d) The committee must carry its investigation through to completion and pursue diligently all significant issues. (In cases of scientific misconduct, if for any reason the investigation is terminated prior to its completion, the funding agency must be notified.)

(4) Hearing procedures

(a) The review committee shall conduct hearing(s) that are closed to the public at which the review committee chair shall:

(i) Call witnesses who will present any relevant information and evidence (prior to the hearing, the accused will be provided with a list of known witnesses);

(ii) Allow the Accused to present any relevant information and evidence including necessary witnesses and physical evidence, and cross-examine witnesses;

(iii) Allow for the committee members to question the accused, witnesses and review evidence presented; and

(iv) Cause a verbatim transcript to be kept.

(b) The accused may have counsel present to advise his or her client at a hearing, but counsel may not participate in the presentation or questioning of witnesses.

(d) The verbatim transcript of the hearing will be available for review by the committee and the accused. A copy will be made available to the accused upon request.

(5) Deliberations by the review committee

(a) The review committee shall meet in executive session to consider all relevant information obtained during the investigation as outlined in paragraph (G)(8) of this rule including evidence obtained at the hearing, if one was held, and any written response to the charge(s) by the accused. The review committee may invite content experts, scientific consultants, general counsel, and appropriate support staff to attend the deliberations as necessary.

(b) Each of the charges will be considered separately. One of two findings is possible:

(i) The evidence does not support the allegations(s); or

(ii) The evidence does support the allegations(s).

(c) The standard of proof on each of the charges will be the preponderance of evidence standard. The review committee will attempt to reach a consensus on each of the charges, and where consensus is not achieved, the decision will be made by majority vote, and an anonymous record of the vote will be kept.

(d) The review committee must maintain documentation to substantiate its findings.

(e) The review committee shall take no more than ninety calendar days from the date of appointment to complete the investigation, conduct the hearing, prepare a report of its findings, and report its findings and any recommendations to the provost and the dean. All review committee members shall sign the report.

(f) Within five business days, the dean or designee shall consider the review committee's report and determine what sanction, if any, is appropriate.

(g) The provost and the accused will receive a copy of the dean's decision.

(h) The decision of the dean is final unless appealed as outlined herein.

(6) Extensions and progress reports

If the provost determines at the end of the ninety calendar days that the review committee cannot complete its work to allow a decision within a one hundred twenty calendar day period:

(a) The provost must submit to the funding agency a written request for an extension and an explanation for the delay that includes an interim report on the progress to date and an estimate of the date of completion.

(b) If the extension is granted, the provost must file periodic progress reports as requested by the funding agency.

(7) Final report

The final report by the provost to the funding agency, due within one hundred twenty calendar days from the day the investigation begins, must describe:

(a) The policies and procedures under which the investigation was conducted;

(b) How and from whom information was obtained relevent to the investigation; and

(8) Appeal procedure for scientific misconduct

(a) If a sanction other than a reprimand is applied, a faculty member may appeal the decision(s) in writing to the provost within ten business days of receipt of the report from the dean.

(b) In case of an appeal, the provost may appoint a committee to assist him/her in considering the appeal.

(i) Consider all relevant reports;

(ii) Sustain, overturn or modify the decision of the dean and so notify the accused and the dean; and

(iii) File the final report with the funding agency if appropriate.

(d) The decision of the provost is final.

(H) Suspension of faculty

(1) Automatic suspension

A faculty member will be automatically suspended by the dean if the:

(a) Faculty member's narcotics license has been revoked for inappropriate use;

(b) Faculty member is convicted of or pleads guilty to a felony; or

(2) Discretionary suspension

A faculty member may be suspended by the dean if the:

(a) Faculty member's license to practice is suspended, revoked, limited, or if the faculty member is placed on probation by the state licensing board;

(b) Faculty member's hospital privileges, if applicable, to practice have been suspended, revoked, or he/she is placed on Probation, with the exception of medical records deficiencies; or

(c) Faculty member has been accused of conduct that, if true, would constitute grounds for the suspension, revocation or limitation of the faculty member's license to practice and if in the dean's judgment, there appears to be sufficient grounds to support such an accusation.

(3) Suspensions lasting over a year

If the suspension of a nontenure-track faculty member exceeds a year in length, the faculty member's appointment will be withdrawn.

Last updated February 5, 2024 at 5:50 AM

History

Effective: February 5, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-203 Intellectual diversity.

(A) Purpose

The purpose of this rule is ensure compliance with The Advance Ohio Higher Education Act (also known as Senate Bill 1 or the act) and promulgate northeast Ohio medical university's (NEOMED or university) statement of commitment to the educational and operational principles contained in the act.

(B) Scope

This rule applies to all positions, policies, programs and activities (as defined herein) affecting all NEOMED faculty, staff and students as indicated.

(1) Controversial belief for the purposes of this rule, refers to any belief or rule that is the subject of political controversy, including issues such as climate policies, electoral politics, foreign policy, diversity, equity, and inclusion programs, immigration policy, marriage, or abortion.

(2) Intellectual diversity for the purpose of this rule, refers to multiple, divergent, and varied perspectives on an extensive range of public policy issues.

(3) Positions, policies, programs and activities for the purposes of this rule, refers to the following:

(a) All forms of employment, including staff positions, internships, and work studies;

(b) All policies, including mission statements, hiring policies, promotion policies, and tenure policies;

(c) All programs and positions, including deanships, provostships, offices, programs, programs presented by residence halls, and committees; and

(d) All activities, including those conducted by the administrative units of orientation, first-year experience, student life, and residential life.

(4) Protected class for the purposes of this rule, refers to race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression.

(5) Statement of commitment refers to the following declarations NEOMED has made to:

(a) Educate students by means of free, open, and rigorous intellectual inquiry to seek the truth;

(b) Equip students with the opportunity to develop the intellectual skills they need to reach their own, informed conclusions;

(d) Create a community dedicated to an ethic of civil and free inquiry, which respects the autonomy of each member, supports individual capacities for growth, and tolerates the differences in opinion that naturally occur in a public higher education community; and

(e) Treat all faculty, staff, and students as individuals, to hold them to equal standards, and to provide them equality of opportunity, with regard to those individuals' race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression.

(D) Rule statement

(1) The university prohibits the following activities:

(a) Conducting any orientation or training course regarding diversity, equity, and inclusion unless an exception has been sought by the university and granted by the chancellor of higher education;

(b) Continuing of existing diversity, equity, and inclusion offices or departments;

(d) Using diversity, equity, and inclusion in job descriptions;

(e) Contracting with consultants or third-parties whose role is or would be to promote admissions, hiring, or promotion on the basis of a protected class;

(f) Establishing any new institutional scholarships that use diversity, equity, and inclusion in any manner. For existing institutional scholarships, the university will, to the extent possible, eliminate diversity, equity and inclusion requirements, but where unable to do so, will not accept any additional funds in support of those scholarship requirements, but will continue to offer the balance of the existing scholarship amount;

(g) Replacing any orientation, training, office, or position designated for the purpose of diversity, equity, and inclusion with an orientation, training, office, or position under a different designation that serves the same or similar purposes, or that uses the same or similar means;

(h) Imposing a political or ideological litmus tests in any hiring, promotion, and admissions decisions, or requiring a diversity statement or any similar attestation of an applicant to any ideology, principle, concept, or formulation that requires commitment to any controversial belief or rule; and

(i) Refrain from conducting any research related activities that conflict with the provisions of paragraph (D)(1) of this rule unless a written request for exemption has been approved by the Ohio chancellor of higher education.

(2) The university affirms and declares that:

(a) Its primary function is to practice, or support the practice, discovery, improvement, transmission, and dissemination of knowledge and citizenship education by means of research, teaching, discussion, and debate, while ensuring the fullest degree of intellectual diversity in performing these functions;

(b) Its faculty and staff shall allow and encourage students to reach their own conclusions about all controversial beliefs or policies and shall not seek to indoctrinate any social, political, or religious point of view;

(c) It will demonstrate intellectual diversity for course approval, approval of courses to satisfy degree requirements, student course evaluations, common reading programs, annual reviews, strategic goals for each department, and student learning outcomes;

(d) It will not endorse or oppose, as a university, any controversial belief or rule, except on matters that directly impact the university's funding or mission of discovery, improvement, and dissemination of knowledge. The university may also: endorse the congress of the United States when it establishes a state of armed hostility against a foreign power; recognize national and state holidays; support for the constitution and laws of the United States or the state of Ohio; or display of the American or Ohio flag;

(e) It will not encourage, discourage, require, or forbid students, faculty, or administrators to endorse, assent to, or publicly express a given ideology, political stance, or view of a social rule, nor will the university require students to do any of those things to obtain an undergraduate or post-graduate degree;

(f) None of its hiring, promotion, or admissions process or decision shall encourage, discourage, require, or forbid students, faculty and or administrators to endorse, assent to, or publicly express a given ideology or political stance;

(g) It will not use a diversity statement or any other assessment of an applicant's political or ideological views in any hiring, promotions, or admissions process or decision;

(h) None of its processes or decisions regulating conditions of work or study, such as committee assignments, course scheduling, or workload adjustment policies, shall encourage, discourage, require, or forbid students, faculty, or administrators to endorse, assent to, or publicly express a given ideology or political stance;

(i) It will prominently display on its website a complete list of all speaker fees, honoraria, and other emoluments in excess of five hundred dollars for events that are sponsored by the university, in a manner that is searchable by keywords and phrases, accessible to without user registration; and not more than three links from its home page;

(3) Nothing in this rule prohibits faculty or students from classroom instruction, discussion, or debate, so long as faculty members allow students to express intellectual diversity.

(4) Nothing in this chapter prohibits the university from complying with any state or federal law to provide disability services or to permit student organizations.

(5) The university will prominently post its statement of commitment on its website and any place where its mission statement appears. The statement of commitment will also be included in any solicitations to students, offers of admission, and offers of employment to faculty.

(6) Complaints

(a) Anyone filing a complaint alleging violation of this rule must be acting in good faith and have reasonable grounds for believing the information disclosed indicates the rule was violated. The university is committed to protecting individuals from interference with making a complaint under this rule and from retaliation for having made such a complaint.

(b) A student, student group, or employee may submit a complaint about an alleged violation of this rule by an employee of the university. Complaints alleging that a university employee has violated this rule should be submitted via email to freespeech@neomed.edu within ten business days of the alleged violation. Complaints shall include a description of the conduct alleged to have violated the rule with sufficient specificity to allow for further investigation, and shall include, at a minimum, the time, date, and location of the alleged violation and the provisions of this rule that the conduct is believed to have violated. Upon receipt of a complaint, human resources will work in collaboration with the office of the general counsel to promptly conduct an investigation of the complaint. Allegations against a faculty-respondent will be investigated in accordance with rule 3349-3-77 of the Administrative Code. An investigation of allegations against a staff-respondent, or a faculty member acting in an administrative capacity, will adhere to the following process:

(i) Issuing a written notification to the respondent;

(ii) Interviewing the complainant and respondent;

(iii) Interviewing other witnesses identified by either the complainant or the respondent and collecting any relevant evidence;

(iv) Preparing an investigative report, to be shared with both the complainant and respondent before being finalized;

(v) Options to pursue an informal consent resolution or formal hearing based upon the finalized report. If a formal hearing is requested:

(b) The hearing panel will issue a written finding on each alleged violation of the rule, to include a basis for the finding, along with options for appealing its findings within five business days based on:

(i) A procedural irregularity that significantly affected the findings made by the hearing panel; or

(ii) New evidence that was not reasonably available at the time the findings were made that could significantly affect the outcome of the matter.

(vi) Appeals from the formal hearing will be directed to the senior vice president and provost or senior vice president for operations and finance, as appropriate.

(7) Sanctions for violations of the rule

(a) Employees acting in a faculty capacity who are found to have violated this rule will be subject to the sanctions set forth in appendix D to the university faculty bylaws.

(b) Employees acting in a staff or administrative capacity who are found to have violated this rule may be sanctioned with a verbal or written reprimand, probation, suspension, or termination depending on the investigation or hearing.

Last updated July 18, 2025 at 7:41 AM

History

Effective: July 18, 2025
Promulgated Under: 111.15

Ohio Adm.Code 3349-1-210 Retrenchment.

(A) Purpose

The purpose of this policy is to establish the circumstance of and process for retrenchment. It is the policy of the university to avoid retrenchment whenever feasible by such measures as leaving unfilled positions vacant, reducing the use of part-time and temporary appointments, transferring faculty to other departments, and encouraging early retirement. If such actions are inadequate to address the university's needs as a whole or those of its programs or activities, it would be necessary to terminate the appointments of non-tenured or tenured faculty members in accordance with this policy.

(B) Scope

This policy applies to all full-time and part-time tenured, tenure track, and non-tenure track salaried faculty.

"Retrenchment" refers to a process by which NEOMED would reduce programs or activities, resulting in a temporary suspension or permanent separation of employment of one or more members of the faculty.

(D) Policy statement

(1) Circumstances in which retrenchment would be pursued in order to reduce or eliminate certain faculty positions would include:

(a) A reduction in student enrollment that is significant and expected to remain over a period of more than two years;

(b) A change to institutional missions or programs that requires the reduction, elimination, or realignment of certain programs or activities; or

(c) Fiscal pressures due to declining funding in either the expected state, federal, or tuition support provided to support programs or activities.

(2) Procedures for retrenchment

(a) The president, in consultation with the board of trustees, provost and the dean of the college in which the retrenchment is to occur ("the dean"), has the sole authority to initiate retrenchment.

(b) After exploring all other reasonable alternative measures and deciding that retrenchment is in the best interests of the university, the president shall establish a faculty retrenchment plan committee ("the committee") to develop a plan for implementing the retrenchment. The committee shall consist of both tenured and non-tenured members of the faculty. The committee shall have either three or five members based on the anticipated scope of the retrenchment. The committee shall include one non-voting observer-member appointed by university faculty council (UFC) from the faculty of the department or college (other than the one undergoing retrenchment). administrative members may be appointed as needed for specific purposes designated by the president (e.g., staff from human resources, faculty relations, or the office of the general counsel).

(c) The committee shall develop a retrenchment plan pursuant to the timeline established by the president. The retrenchment plan shall take into consideration the following internal and external factors:

(i) The department or college's programmatic needs;

(ii) The department or college's budgetary factors;

(iii) The department or college's budgetary factors;

(iv) The nexus of the program or activity to the mission of the college and the university;

(v) The academic strength and quality of the program or activity in the region, the state, and the nation; and

(vi) Any other relevant factors identified by the board of trustees, president, provost or dean.

(3) The retrenchment plan

(a) The retrenchment plan shall include all of the following:

(i) A schedule of when programs or activities will be discontinued and the administrative needs associated with their discontinuation;

(ii) A list of affected faculty, with a designation as to whether they will be reassigned, furloughed, or involuntarily separated, with prioritization and consideration given to faculty rank, seniority, and expertise in teaching and research;

(iii) A schedule for issuing notices of reassignment, furlough, or involuntary separation to affected faculty. The university's notice of termination policy does not apply to involuntary separations due to retrenchment;

(iv) A prioritization for returning faculty who were involuntary separated as future faculty openings for which they are qualified occur within their area of expertise in teaching and research; and

(v) Any additional matters requested by the president.

(b) The retrenchment plan shall be submitted to the provost for review and comment. The provost will submit the retrenchment plan to the president within business days of receipt.

(c) The president may adopt, reject, or modify the retrenchment plan in consultation with the provost and dean. The president has the discretion and final authority to determine the contents and implementation timeline of the retrenchment plan, other than the thirty day notice to affected faculty.

(d) If the conditions under which the retrenchment plan was created no longer exist by the time it is delivered to the president, the retrenchment plan shall not take effect.

(4) Faculty appeals

(a) Faculty who are involuntarily separated from the university may appeal the retrenchment plan to the retrenchment plan appeals committee ("the appeals committee"). The appeals committee will consist of the provost, three tenured faculty members (none of whom served on the committee) and a faculty member appointed by UFC. The provost shall only vote in the case of tie. Appeals from involuntarily separated faculty must be received no later than ten business days after receipt of the notice of involuntary separation, and shall be limited to the following grounds:

(i) Procedural error in the notice of involuntary separation;

(ii) Error in or deviation from the implementation schedule contained in the retrenchment plan; or

(iii) Involuntary separation that was otherwise unlawful.

(b) The appeals committee shall hold a hearing no less than thirty calendar days after receipt of the faculty member's appeal, at which time the faculty member can present witnesses and documents in support of their appeal.

(5) To ensure the best interests of the university are well served through the retrenchment process, members of the committee are expected to exercise the highest degree of confidentiality while developing the retrenchment plan. Any breach of confidentiality by members of the committee will be considered a violation of the faculty code of conduct.

Last updated December 19, 2025 at 8:00 AM

History

Effective: December 19, 2025
Promulgated Under: 111.15

Chapter 3349-3 Faculty Governance

Ohio Adm.Code 3349-3-01 University faculty rules.

(A) Purpose of the university faculty rules ("rules")

(1) Establish an organized system of shared governance that is essential to the academic operations of the university. The rules define the roles, rights and responsibilities of academic administrators and the faculty to ensure their faithful discharge.

Shared governance is a process subordinate to federal and state governmental authority, the authority of the board of trustees, and the authority delegated by the board to the president or another member of the university administration.

(2) Provide for an organized system of committees and councils that serve to promote the mission and vision of the university and its colleges.

(3) Form an effective organizational structure whereby the academic administration and the faculty appropriately collaborate in the consideration, formulation and implementation of academic policies and practices.

(B) Scope

The faculty rules apply to the academic enterprise of the university including, but not limited to, academic operations, governance, and organizational structures.

Words have their ordinary and widely accepted meaning unless the word or phrase has been assigned a specific meaning within the faculty rules.

(1) "Academic freedom" refers to a faculty member's right to the search for truth and free exposition in education, scholarship, governance, and service; the freedom to express their own views as a private citizen; and the university's obligation to protect a faculty member when exercising such freedoms.

(2) "Affiliated faculty" are non-tenure track faculty members who are non-salaried or whose primary roles are not as faculty members.

(3) "Board of trustees" (hereinafter referred to as the "board") is established by section 3350.10 of the Revised Code and derives its power to govern from section 3350.12 of the Revised Code. The board is the governing body for the university and all its component colleges.

(4) "Rules" are the rules and regulations which govern the academic enterprise and include its approved procedural appendices. The Ohio legislative services commission refers to rules as rules when they are incorporated into the Ohio Administrative Code. The faculty rules govern the faculty in their capacity as faculty in the fulfillment of their education, research, and service responsibilities to the college or university.

(5) "Clinical education" is the health care education conducted in health care facilities, outpatient clinics, emergency centers, hospitals, or private offices, under the supervision of a qualified practitioner or teaching staff.

(6) "College" is a collective body of faculty who prescribe and conduct a course of study leading to the award of a degree or degrees.

(7) "Departments" are academic units of a college. The faculty may be organized into departments that are supportive of, and consistent with, the mission of the respective college and the university. Departments may be established, changed or eliminated by the dean after consultation with faculty and the provost. Departments may adopt written procedures to govern internal operations and carry out their departmental missions. Such procedures shall be consistent with university policies and procedures, the faculty rules and the procedural appendices adopted pursuant thereto. Departments shall be reviewed by an ad hoc committee appointed by the dean at intervals established by the university's rule on unit and program review.

(8) "Graduate programs" are academic units of the college of graduate studies. The faculty may be organized into graduate programs that are supportive of, and consistent with, the mission of the respective college and the university. Graduate programs may be established, changed, or eliminated by the dean after consultation with faculty and the provost. Graduate programs may adopt written procedures to govern internal operations and carry out their program goals. Such procedures shall be consistent with university policies and procedures, the faculty rules and the procedural appendices adopted pursuant thereto. Graduate programs shall be reviewed at least every seven years by an ad hoc committee appointed by the dean.

(9) "Faculty" hold tenured, tenure track and non-tenure track academic appointments that are approved by the board of trustees of the northeast Ohio medical university. Full-time and part-time designations for faculty will be determined by their respective college(s).

(10) "Letter of offer" is a document initiated by the college and sets forth certain conditions of the offer of employment but does not constitute a contract. Any previous experience to be counted toward a faculty member's time in rank may be negotiated prior to the offer and will be documented in the letter of offer. Any modifications to the letter must be in writing and agreed to by both parties.

(11) "Notification of appointment" is a written letter issued to all new affiliated faculty upon final approval of their appointment by the neomed board of trustees confirming faculty member's rank, academic department in which rank is held, and the effective date of the appointment.

(12) "Other academic organizational units" of the colleges and university (e.g., centers and institutes) may be established to further their missions and objectives as set forth in the university rule on centers and institutes or other administrative documents. College units shall be reviewed at least every seven years by an ad hoc committee appointed by the dean or designee. The university units shall be reviewed every seven years by an ad hoc committee appointed by the president or designee.

(13) "Salaried faculty" are tenured, tenure track or non-tenure track faculty members that are full-time, part-time or co-funded and whose primary role is as faculty.

(14) "Shared governance" is a partnership between administrators and faculty which is based on mutual respect and collaboration. The core principles of shared governance include collegiality, collaboration, transparency, representative participation, mutual accountability, clarity of roles and responsibilities, and civility.

(15) "Standing committees of the university" are permanent committees intended to fulfill certain obligations of the university and are appointed to deal with a specified subject which promotes the university's purpose.

(16) "Tenure" is the commitment of a given college of the university to a faculty member for continuous and ongoing faculty appointment that provides protection against involuntary suspension, discharge or termination except for financial exigency or just cause. Tenure ceases upon the faculty member's voluntary or involuntary termination, retirement or death.

(17) "Tenure track position" is a full-time salaried faculty appointment that includes the eligibility to apply for tenure. The appointment to a tenure track position is set forth in the letter of offer.

(18) "Tolling" is the suspension of the time period (granted in year-long increments) that comprises a tenure track faculty member's probationary period and for which there is no expectation of productivity. Tolling of the probationary period must be requested by the faculty member and approved by the department chair, with the concurrence of the dean of the respective college, and the provost. Any such suspension of time will not be counted toward the probationary period.

(19) "University" is a free-standing, state supported medical university organized under the authority created by section 3350.10 of the Revised Code and the powers vested in the board. The university is organized into colleges and other administrative units as are necessary to support its mission.

(D) The president:

(1) Is the chief executive officer of the university and shall:

(a) Be ultimately responsible for the overall administration and operation of the university and the highest authority on university policy, only subject to the authority of the board;

(b) Lead the university in fostering and promoting education, research, scholarship, and service;

(d) Serve as an ex-officio member of all standing committees of the university;

(e) Be the chief spokesperson for the university and as such be responsible for all the external relations and communications of the university;

(f) Recommend all appointments, reappointments, promotions and the conferral of tenure upon qualified faculty to the board;

(g) Defend academic freedom and protect the right of faculty to think and express their thoughts freely including the right of dissent;

(h) Possess the requisite authority, as delegated by the board, to appoint such administrative and professional staff;

(i) Confer all degrees on all candidates for graduation, upon the recommendation of the provost, the deans, and the faculty of the respective colleges and preside at commencement and other appropriate academic occasions;

(j) Where appropriate, delegate or remove the authority or responsibility to member(s) of the faculty or staff of the university;

(k) At his/her discretion, appoint, evaluate or remove senior level administrators;

(l) Deploy university resources to meet the university's mission and carry out the university's strategic plan; and

(m) Designate a member of the university's senior administration to be responsible for the affairs of the university in his/her absence.

(2) The president is hereby vested with the requisite authority to carry out all the duties and responsibilities as set forth herein as well as such duties and responsibilities as may be delegated by the board.

(E) The provost and senior vice president for academic affairs ("provost"):

(1) Is the chief academic officer of the university and reports to and serves at the pleasure of the president. The provost shall:

(a) Advise the president on all matters related to academic affairs;

(b) In consultation with the president and deans, set overall academic priorities and academic policies of the university and manage the financial resources to carry out priorities;

(d) Oversee faculty and academic staff recruitment and development activities in consultation with the deans;

(e) At his/her discretion, appoint, evaluate, or remove direct report academic administrators;

(f) Review and recommend to the president all academic appointments, tenure, and promotion matters;

(g) Serve as an ex-officio, non-voting member of all academic committees of the university to which he/she is not specifically assigned;

(h) Defend academic freedom and protect the right of faculty to think and express their thoughts freely, including the right of dissent;

(i) Demonstrate a commitment to inclusive and collaborative leadership; and

(j) Represent the university's academic administration externally to various stakeholders and represent the university at public events in the absence of the president.

(F) Vice president for research ("VP for research"):

(1) Has been delegated the authority and responsibility by the president to act as the chief research officer for the university and reports to and serves at the pleasure of the president;

(2) In consultation with the provost and deans, is responsible for providing leadership and direction in the development and implementation of all university research activities and the infrastructure and research facilities that support them;

(3) Will defend academic freedom and protect the right of faculty to think and express their thoughts freely including the right of dissent;

(4) Has the prerogative to serve as an ex-officio, non-voting member of any research committee to which he/she is not specifically assigned; and,

(5) Identifies opportunities to enhance fundamental, translational, and clinical research in the biomedical sciences, fosters innovation and excellence in research, and is the president of the neomed research corporation unless otherwise designated by the president.

(G) The dean:

(1) Serves as the chief academic and executive officer of a college and reports to and serves at the pleasure of the provost;

(2) Possesses the authority and responsibility to:

(a) Provide active leadership for the education, research, scholarship, and service programs of the college in accordance with the mission and strategic plans of the college and the university;

(b) Develop and implement vision and mission statements and strategic plans for The college that are aligned with the mission statement and strategic plans of the university;

(d) Assess, facilitate, oversee and evaluate all education, research and service programs of the college;

(e) Maintain applicable college accreditation;

(f) Initiate and maintain a system for faculty development;

(g) In consultation with the provost, support the academic enterprise of the college.

(h) In consultation with the provost, support relationships with the college's clinical partners including, but not limited to, hospitals, health departments, pharmacies and affiliated faculty and other community clinical resources;

(i) In consultation with the VP for research, facilitate, develop, and oversee all research activities of the college;

(j) Promotes collaboration and interdisciplinary programs between the colleges;

(k) Appoint, evaluate and remove such assistant and associate deans, department chairs, and other personnel needed to carry out the mission and strategic plans of the college;

(l) Determine, upon the advice and recommendation of the faculty, those students who are qualified for graduation and transmit those recommendations to the provost for consideration by the president and board;

(m) Recommending appointment, reappointment, promotion and conferral of tenure upon qualified candidates to the provost; and

(n) Serve as an ex-officio member of all committees of the college.

(3) May delegate the responsibility and the requisite authority to carry out the duties described in this rule to other appropriate college faculty and academic administrators.

(4) Will defend academic freedom and protect the right of faculty to think and express their thoughts freely, including the right of dissent.

(H) Department chair:

(1) Serves as the chief academic and executive officer of an academic department and reports to and serves at the pleasure of the college dean;

(2) Has primary responsibility and authority to direct the overall operation of an academic department within a college in accordance with the vision, mission and strategic plans of the college and the university;

(3) Is responsible for the development, operation and evaluation of the education, research, scholarship, and service programs of the department;

(4) Assists in the development of annual goals and objectives, provides career counseling and mentoring and conducts annual evaluations of department faculty to promote optimal professional development;

(5) Administers the department budget and allocates space within the department;

(6) Recommends appointments, reappointments, promotions, and changes in faculty status, leaves and dismissals in accordance with the faculty rules; and

(7) Will defend academic freedom and protect the right of faculty to think and express their thoughts freely including the right of dissent.

(8) Department chairs may establish subunits within the department with the approval of the dean.

(I) Graduate program director:

(1) Reports to and serves at the pleasure of the college dean;

(2) Has primary responsibility and authority to direct the overall operation of a graduate program within a college in accordance with the vision, mission and strategic plans of the college and the university;

(3) Is responsible for the development, operation and evaluation of the education and service of the graduate program;

(4) In the context of the college, assists in the development of annual goals and objectives, provides mentoring and conducts annual evaluations of program faculty to promote optimal professional development;

(5) Acts as financial manager for the budget of the graduate program;

(6) In the context of the program, recommends appointments, reappointments, promotions, and changes in faculty status, leaves and dismissals in accordance with the faculty rules;

(7) Convene and chair an advisory committee committed to the oversight and guidance of the graduate program; and

(8) Will defend academic freedom and protect the right of faculty to think and express their thoughts freely including the right of dissent.

(J) Faculty

(1) Include all persons who hold the rank of professor, associate professor, assistant professor, and instructor, whether the title is qualified or not. Each college may authorize the creation of other ranks and titles for faculty within the college and criteria for appointment, promotion and tenure as described in Appendix A to the respective college rules. Titles of distinction include but are not limited to, distinguished and emeritus. Upon the recommendation of the university faculty council, the university may authorize the creation of other ranks and titles of distinction within the university;

(2) Rights and responsibilities

The university sustains a community of faculty whose members are engaged in education, discovery, evaluation, and the transmission and extension of knowledge.

Faculty:

(a) Are entitled to academic freedom in the conduct of education, research, and publication of results, subject to the adequate performance of their academic obligations, regardless of their tenure status;

(b) Will respect academic freedom and the right of fellow faculty to think and express their thoughts freely including the right of dissent;

(c) Have the authority and responsibility to establish academic policy to govern the education, research, scholarship and service activities of the college, subject to the final authority of the dean, in consultation with the provost;

(d) Subscribe to the highest standards of education, research, scholarship, service and professional integrity;

(e) Endeavor to perform at the highest level of professional proficiency throughout the period of their appointment; and

(f) Subscribe to the highest standards of conduct and ethical behavior including, but not limited to, honesty, integrity and civility (these standards are embodied in the university faculty code of professional conduct).

(3) In speaking or writing, the faculty shall be responsible and accurate. As scholars and educators, faculty members should remember that the public may judge their profession, college, and the university by their public statements. When faculty speak or write as private citizens with no indication of college or university affiliation, they shall be free from college or university censorship and discipline.

(4) The university will protect the academic freedom of its faculty and defend the right of its faculty to think and express their thoughts freely and to make those choices within the law guaranteed to every citizen. This includes the right of dissent, particularly when the public opinion of the community would restrain or curtail the free play of ideas. The university has a duty to maintain an independence of judgment in the face of public opinion. Any faculty member who feels their right to exercise academic freedom as set forth in the rules has been violated may file a grievance in accordance with the procedures established in Appendix E.

(K) Faculty committees

(1) Are established by the university and respective colleges to ensure that faculty can share in the academic decision-making and governance of the university and its respective colleges; and

(2) Assure a faculty voice in academic matters such as faculty appointments, promotions, and tenure; a college's curriculum; student admissions, promotions, and requirements for graduation; and to ensure a faculty voice in decision-making pertaining to academic matters.

(3) The university and its respective colleges may establish standing committees and ad hoc committees, councils, task forces or other bodies.

(4) The standing committees of the university are listed in Appendix G. Each standing committee shall have a statement of purpose, functions, and responsibilities. Appendix G to respective college rules college faculty committees provides a description of membership composition, voting status, quorum requirements, terms of service and any limit on the terms of service, and other matters as appropriate to promote the proper functioning of the committee.

(5) Each college may establish and maintain its own standing and ad hoc committees as necessary to promote the purposes, mission, and values of the college.

(L) College faculty committees

Purpose

Each college shall establish appropriate committees that will promote shared governance between the faculty and the administrative officers of the college. These committees shall provide a forum for faculty to:

(1) Review and vote on strategic and substantial policy changes within the college;

(2) Advise the dean and other administrative officers on matters significant to the academic programs of the college, including, but not limited to, admissions, curriculum, and non-tenure faculty appointment, and promotions;

(3) Be informed of pertinent activities of the college;

(4) Review and discuss bylaw changes which will impact the college and certify recommended changes to the university rules committee; and,

(5) Consider any other matters referred to it by the dean.

(M) Tenure

(1) Given the complexity of the colleges and the great diversity of talent within them it is imperative that various kinds of academic work be recognized through a broad vision of scholarship. Scholarship includes, but is not limited to, the scholarship of discovery, integration, application and teaching. Scholarship of discovery is understood to include the traditional science of inquiry, investigation, and experimentation, commonly known as research. Scholarship and research may also include participation in clinical trials and commercialization, patent, and technology transfer activities. Such work may be supportive for promotion decisions and weigh importantly in tenure decisions. While clinical care is insufficient alone to merit promotion or tenure, clinical innovation and improvement activities done in a scholarly manner and acknowledged to be of regional, national, or international importance are important indicators of distinction and merit consideration. Regardless of the type of scholarship, it should possess the quality of excellence, be peer-reviewed, and be disseminated in the public domain.

(2) Herein are defined the basic tenets of appointment, promotion and tenure. The university has specific guidelines for the appointment, promotion, and tenure of faculty consistent with these basic tenets and set forth in the faculty appendices.

(3) Tenure-track faculty

(a) Appointments

(i) Appointments are based on the potential for and evidence of academic accomplishment.

(ii) Recommendations for appointment shall originate with the department chair in accordance with the faculty rules and its appendices.

(iii) Procedures for appointment shall be set forth in appendix B to this rule.

(iv) The letter of offer, and any amendments thereto, shall set forth the terms of the appointment.

(b) Probationary period

(i) The total probationary period shall not exceed seven years unless a leave of absence is granted to the individual, an extension as provided herein is granted, or there is a tolling of the probationary period. Time spent on a leave of absence will not count as probationary period service.

(ii) At the request of a faculty member and with the concurrence of the department chair, the dean may grant an extension of the faculty member's probationary period up to a maximum of three years.

(iii) Faculty appointments may be terminated before the end of the probationary period. However, the faculty member will receive notice of non-reappointment no later than six months prior to the beginning of the next academic year.

(i) Tenure is a privilege of eligible faculty, not a right.

(ii) Only faculty members appointed to the tenure track are eligible to be considered for tenure.

(iii) The granting of tenure is a commitment of a college. Tenure assists respective colleges in attracting and retaining faculty of high quality. The creation of a tenure-track position necessitates an assessment of college needs and a commitment of college resources. Documented evidence necessary for justifying the institutional commitment of the granting of tenure is set forth in appendix B to this rule.

(d) Post-tenure review

A tenured faculty member who receives two unsatisfactory annual performance reviews by the department chair in a four year period will be required to undergo a comprehensive post-tenure review as set forth in appendix B to this rule.

(4) Nontenure-track faculty

(a) Appointments

(i) Appointments are based on potential for, or evidence of, academic accomplishment.

(ii) Recommendations for appointment shall originate with the department chair in accordance with the faculty rules and its appendices.

(iii) Procedures for appointment are set forth in appendix A to this rule to the respective college.

(iv) The letter of offer or notification of appointment, and any amendments thereto, shall set forth the terms of the appointment.

(b) Promotion

(i) A faculty member may be eligible for promotion to a higher rank in accordance with the requirements set forth in appendix A to this rule to the respective college.

(ii) The criteria for promotion include contributions to the educational programs of the college, research and scholarly activity, professional standing and service to the college.

(iii) Additional terms and conditions for promotion may be set forth in a faculty member's letter of offer or notification of appointment.

A faculty member will be considered for reappointment in accordance with the requirements set forth in appendix A to this rule to the respective college.

(5) Annual performance review of faculty

(a) Annual performance reviews of salaried faculty will be conducted by the faculty member's department chair or program director in order to ensure the fulfillment of their education, research, and service obligations to the college and the university and to promote optimal and continued professional growth and development.

(b) The focus of the annual performance review is a review of the faculty member's performance in the areas in which he/she has assigned duties and responsibilities. Such areas include but are not limited to, education, research, service, commercialization of university research and administration, if applicable. The evaluation will rate the faculty member's performance in accordance with an established rubric and process.

(i) The initial consequence of an unsatisfactory annual performance review will be the initiation of a faculty improvement plan by the department chair or dean for graduate faculty to remediate the deficiency or deficiencies. The remediation will include milestones and regular intervals for reviews of progress toward remediating deficiencies. Progress shall be evaluated at the next annual performance review. If another unsatisfactory annual performance review occurs, the consequences may include the faculty member's loss of university laboratory space, denial of salary increases or one-time payout, or sanctions as set forth in the faculty rules.

(ii) A faculty member may challenge an unsatisfactory annual performance review in accordance with the university faculty grievance policy and procedures as set forth in appendix E to this rule.

(N) University title of distinction: distinguished university professor

(1) The title of distinguished university professor is a non-salaried designation that may be conferred by the university, from time to time, on individuals who have demonstrated extraordinary achievement as neomed faculty members. This represents the highest honor that the university can confer on a faculty member and will only be awarded for truly exceptional contributions.

(2) Only full professors will be eligible for consideration. candidates must meet the following criteria to be recommended for consideration:

(a) Documented evidence of sustained excellence in education at neomed;

(b) A protracted record of distinguished scholarship spanning at least a decade;

(c) Evidence of extraordinary academic achievement that has been formally recognized by an authoritative national or international body; and,

(d) Documentation from appropriate individuals external to neomed that the candidate is a premier contributor to his or her discipline or field of study.

(3) Nominations for the title of distinguished university professor may originate from a department chair, dean of a college, the provost, or the president.

(4) The nomination and supporting documentation will be forwarded to the provost who will convene an ad hoc committee of three to five faculty members who hold the rank of full professor to consider the merits of individuals recommended for the title. At the discretion of the provost, one of the committee members may be a senior faculty member at another institution of higher education or research institute.

(5) The ad hoc committee will make positive recommendations to the provost for consideration.

(6) If approved by the provost, the president will forward the nomination to the board of trustees for consideration.

(O) Sanctions and dismissal of faculty for just cause

A faculty member may be sanctioned or dismissed for just cause in accordance with appendix D to this rule.

(P) Amendments

(1) Rules

(a) No amendment to this rule may be made which is inconsistent with existing federal or state authority or university policy.

(b) The university rules committee reviews proposed amendments and revisions to current faculty policies and rules and solicits input and recommendations from the deans of the colleges and the university faculty council and recommends their approval to the provost. The committee initiates amendments to existing faculty policies, rules and appendices as needed.

(c) Recommendations for amendments to this rule shall be made by the university rules committee to the provost who will forward final amendments to the president.

(d) The president shall submit positive recommendations for amendments to the board for approval. Amendments become effective upon approval by the board. Approved amendments shall be codified, filed, and posted by the university general counsel.

(2) Rule appendices

(a) Appendices may elaborate, clarify or add further detail to the faculty rules.

(b) Appendices must be consistent with the faculty rules, university rules, and any federal or state authority. Amendments are initiated and vetted by the university rules committee and vetted with appropriate constituents.

(c) Recommended amendments to the appendices shall be made by the university rules committee to the provost who reviews and approves as appropriate. amendments will be effective upon such approval and will be codified and posted by the university general counsel.

(3) Codification and posting

(a) When amendments are approved, they must be forwarded to the university general counsel.

(b) University general counsel will notify the office of the provost when such amendments have been codified, posted, and filed, if appropriate.

Last updated October 10, 2024 at 10:48 AM

History

Effective: December 11, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3349-3-02 Emeritus status.

(A) Purpose

Emeritus status recognizes university faculty and professional senior administrative staff who have provided meritorious service to the university and have retired. The university recognizes the potential of emeritus faculty and senior administrators as a continuing valuable resource and is committed to fostering an active ongoing relationship with them through an extended academic appointment. Where possible, an emeritus faculty or professional senior administrative staff member will continue to contribute to the university community as appropriate.

(B) Scope

A candidate for emeritus status will have demonstrated leadership and wisdom, will have given dedicated and distinguished service to one or more of the colleges and/or the university for a minimum of ten years and, for faculty, have attained the rank of associate professor. Exceptions to the ten years and associate professor requirements may be made by the dean, president, or chair of the board of trustees for a faculty member who has made an outstanding contribution to the university during a briefer period of service or holds a rank below associate professor.

"Emeritus." Non-salaried designation of distinction conferred by the board of trustees upon a retired member of the faculty or professional senior administrative staff who has given continued, dedicated and distinguished service to one or more of the colleges and/or the university.

(D) Rule statement

(1) Criteria

(a) Any faculty member or professional senior administrative staff member with a minimum of ten years' service may be nominated for emeritus status upon retirement from active service to the one or more of the colleges and/or the university.

(b) Those persons who may be nominated for emeritus status must have initiated their retirement from ongoing active service to one or more of the colleges and/or the university.

(c) Consideration will be given to those individuals who, by the possession of emeritus status, will continue their advocacy for one or more of the colleges and/or the university and be willing to represent and serve one or more of the colleges and/or the university on special occasions.

(2) Procedures for nomination and selection

(a) The award of emeritus status is meritorious and thus expected to be limited in number.

(b) A candidate may be nominated by his/her department chair, dean, president or chair of the board of trustees (as noted below).

(i) Faculty are nominated by the department chair after discussion with the dean. The dean must approve faculty nominations.

(ii) A department chair or associate dean will be nominated by the dean.

(iii) A dean will be nominated by the provost.

(iv) A provost or professional senior administrative staff will be nominated by the provost or president.

(v) A president will be nominated by the board of trustees chair.

(c) Except in the case of a board of trustees' nomination, the nominator must submit a current cv for the nominee and a letter of recommendation supporting:

(i) The nominee's qualifications in meeting the minimum criteria; and

(ii) Three supporting letters of reference from other constituents, obtained by the nominator.

(d) The completed nomination packet (including any and all letters, even of the advisory committee should one be established) should be forwarded (electronically) to the office of the provost.

(e) The provost will confirm that the materials are complete and will present the materials to the president.

(f) The dean may choose to interview the faculty candidate and must approve the candidate before submission.

(g) The designation of emeritus status is recommended by the president or board of trustees' chair and awarded by formal resolution of the board of trustees.

(h) The candidate will be notified of the board of trustees' approval and will be provided a copy of the board of trustees' resolution.

(3) Rights, responsibilities and privileges

(a) Individuals with emeritus status are expected to comply with all the policies, regulations and rules as stated in the appropriate university handbooks.

(b) Contact the office of the provost for a complete listing of all rights, responsibilities and privileges.

(4) Utilization of college resources by a faculty member holding a title of distinction will be individually determined by the department chair with the concurrence of the dean and president.

Last updated October 10, 2024 at 10:48 AM

History

Effective: September 25, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3349-3-20 Use of tenured or tenure track faculty start-up funds.

(A) Purpose

The rule defines expectations for expending start-up funds that are designated in the letter of offer to newly hired tenured or tenure track faculty and ignite scholar program participants. Start-up funds are designed to provide tenured or tenure track faculty and ignite scholar program participants with the necessary resources to establish an environment and supported platform for research and scholarly productivity with the expectation that doing so leads to future success for the faculty member in obtaining extramural funding. The use of start-up funds is based upon the development of an expenditure budget which is mutually agreed upon by the new hire and his/her department chair.

(B) Scope

The rule applies to Northeast Ohio medical university (NEOMED) tenured or tenure track faculty and ignite scholar program participants appointed after March 31, 2019 who are eligible to receive start-up funds specified in the letter of offer.

(1) "College" is a term used within the rule that refers to the college of medicine or college of pharmacy, which are the two colleges of the university in which a faculty member may be granted tenure.

(2) "Faculty start-up funds" refer to funds allocated by the university/colleges/departments to newly hired tenured or tenure track faculty which are designed to provide the faculty member with the financial resources necessary to build successful research and scholarly activity at NEOMED and which use contributes to positioning that faculty member for the generation of extramural funding.

(3) "Letter of offer" is a document initiated by a given college dean that sets forth certain terms and conditions of employment but does not constitute a contract. The letter of offer should include a clear description of the start-up funds and the start-up fund period (see the following definitions).

Any modifications to the letter must be in writing and signed by the dean of the respective college that initiated the appointment, the faculty member's department chair and the affected faculty member.

(4) "Qualifying expenses" may be costs incurred for laboratory supplies and equipment, salaries for technical, laboratory or support staff, research-related travel, publication fees, technical software, and other similar items and resources.

(5) "Start-up funds" or "start-up funds expenditure budget" refers to an approved plan for the distribution and allocation of start-up dollars over time developed by the new faculty member and his/her department chair to ensure the sensible and timely use of available funds.

(6) "Start-up fund period" refers to the timeframe by which start-up funds must be expended.

(7) "Tenure" is the commitment of a college to a faculty member for continuous and ongoing faculty appointment that provides protection against involuntary suspension, discharge or termination except for financial exigency or just cause. Tenure is a privilege and not a right.

(8) "Tenure track faculty" are full-time salaried faculty with appointments that include the eligibility to apply for tenure. The faculty appointment to the tenure track is set forth in the letter of offer.

(D) Rule statement

(1) The rule applies to the expenditure of start-up funds specified in the letter of offer upon the hiring of the new faculty member.

(a) In accordance with the provisions of the letter of offer, the faculty member and the chair will develop a start-up fund expenditure budget for the use of the allocated start-up funds.

(b) The negotiation of the amount of start-up funds available is between the prospective faculty member, his/her department chair, and the college dean and is outside the scope of the rule.

(c) While non-tenure track salaried faculty may be awarded professional development funds at the time of hire, the expectations for use of those funds, including associated timeframes, is beyond the scope of the rule. A newly hired non-tenure track faculty member should seek guidance from his/her department chair with respect to the use of such funds.

(2) Planned expenditures from the start-up fund expenditure budget must be qualifying expenses. The use of start-up funds must be made using established university accounting and purchasing practices and procedures.

(3) The start-up fund expenditure budget will be approved by the department chair of the faculty member and may be reviewed in consultation with the dean. Following approval of the start-up fund expenditure budget, the use of start-up funds may commence.

(4) It is understood that there may be alterations in budgetary expenditures from the original start-up fund expenditure budget given the dynamic nature of research and scholarship. It is the expectation that review of start-up fund expenditures will occur annually at the faculty member's annual performance review and will align with the career advancement strategy for that faculty member.

(5) Items purchased with start-up funds are property of NEOMED and are intended for professional use by the faculty member and/or his/her department. Items purchased with start-up funds will remain with the department upon the departure of the faculty member from NEOMED unless the department chair approves an exception.

(6) It is expected that the start-up funds allocated to newly hired senior-level faculty (i.e., associate professors or professors) will be fully expended within three years from the date of hire. The senior-level faculty member can request a two-year extension for the use of such funds, which would require the approval of the department chair. All start-up funds for senior-level faculty must be expended no later than five years from the original date of hire.

(7) It is expected that the start-up funds allocated to junior faculty (i.e., assistant professors) will be fully expended according to a timeline that is incorporated into the start-up fund expenditure budget as approved by the department chair but not to exceed five years from the date of hire. In extenuating circumstances, a junior faculty member may request a two-year extension for the use of such funds, which would require the approval of the department chair.

(8) At the end of the start-up fund period, any funds remaining in the start-up budget index will be returned proportionally to all original funding sources.

Last updated August 4, 2025 at 7:50 AM

History

Effective: August 2, 2025
Promulgated Under: 111.15

Ohio Adm.Code 3349-3-22 Appendix A college of medicine procedures for the appointment, promotion, and reappointment of non-tenure track faculty.

(A) Definitions

(1) "Affiliated Faculty" refers to a non-tenure track faculty member who is non-salaried by NEOMED, or whose primary role as recorded in the employee management system.

(2) "Board Certification" refers to certification maintained by a physician in accordance with the requirements of the American board of medical specialties or the American osteopathic association.

(3) "Candidate" refers to an applicant for appointment or promotion who has satisfied the training and experience requirements, and, if required, certification as defined by the American board of medical specialties or the American osteopathic association. A candidate possessing a professional license is responsible for providing evidence of active licensure and for informing the college of any changes in licensure or actions against the candidate's license, if necessary to perform the faculty role.

(4) "Clinical" refers to a prefix which is used for faculty in the educator pathway who are engaged in patient care whose primary academic activity consists of educating students and residents. This prefix will be inserted immediately prior to the name of the department in the academic title.

(5) "College" refers to the college of medicine.

(6) "Department chair" serves as the chief academic and executive officer of an academic department at NEOMED and reports to and serves at the pleasure of the college dean.

(7) "Departments" refer to the academic units of a college. The faculty may be organized into departments that are supportive of, and consistent with, the mission of the respective college and the university. Departments may be established, changed, or eliminated by the dean after consultation with faculty and the provost. Departments may adopt written procedures to govern internal operations and carry out their departmental missions. Such procedures shall be consistent with university rules and procedures, the university faculty rules, and adopted procedural appendices.

(8) "Dossier" refers to a file containing the NEOMED-employed faculty member's documents submitted for consideration for promotion.

(9) "Educator pathway" designates faculty whose primary contribution to NEOMED is the education of NEOMED students.

(10) "Evaluator" is an individual who is qualified to assess the achievements and reputation of a candidate standing for promotion. An evaluator must not be a first-degree relative of the candidate, have a comparable close personal relationship with the candidate, maintain substantive financial ties, rely on the candidate's services, or have a close professional relationship (such as serving as the candidate's supervisor, advisor, or mentor).

(11) "Faculty appointment" refers to full-time, part-time or affiliated faculty. Definitions used to designate a faculty member's appointment conform to current liaison committee on medical education (LCME) accreditation guidelines.

(12) "Investigator Pathway" designates faculty whose primary contributions to NEOMED are in research and scholarship, with demonstrated interest and achievement in these areas.

(13) "Joint faculty appointment" or "Joint Appointment" refers to appointments that are awarded to faculty who already hold an academic appointment within the university.

(14) "Letter of offer" refers to the a document initiated by the college that sets forth the conditions of employment. Any previous experience to be counted toward a faculty member's time in rank may be negotiated prior to the offer and will be documented in the letter of offer. Any modifications to the letter of offer must be in writing and agreed to by both parties.

(15) "Limited faculty appointment" or "limited appointment" refers to appointments for faculty whose academic contributions to the college are limited in time or scope and carry the prefix "adjunct," "research," or "visiting."

(16) "Non-tenure track position" refers to a faculty appointment that is not eligible to apply for tenure.

(17) "Notice of non-reappointment" refers to a written notification from the dean that the college intends to terminate a faculty member's appointment at a specified time.

(18) "Notification of appointment" refers to the document issued to all new affiliated faculty upon final approval of their appointment by the NEOMED board of trustees confirming the faculty member's rank, academic department in which rank is held, and the effective date of the appointment.

(19) "Terminal degree" refers to the highest degree in one's discipline. Examples include, D.O., M.D., Ph. D., M. S. W., J.D., Pharm. D., D. D. S., D. M. D., or equivalent.

(20) "Time in Rank" refers to the duration a faculty member has held a particular rank. Achieving time in rank is a prerequisite for consideration for promotion. The end date for calculating time in rank is June thirtieth of the year in which the promotion would be effective.

(B) Academic appointments

(1) The following academic ranks have been established for non-tenure track faculty:

(a) Professor;

(b) Associate professor;

(d) Instructor

(2) Designation of academic title

Academic titles include the academic rank and department designation. Academic rank shall not include other qualifiers except as indicated for limited, joint, resident and fellow appointments and titles of distinction.

(3) Limited appointments

The following appointments may be awarded to persons whose academic contributions to the college are limited in time or scope as determined by the department chair in which the candidate is seeking appointment. The department chair will make the determination about a limited versus a primary appointment.

(a) Adjunct appointments are for candidates holding primary appointments at another institution and for whom another category of appointment is not appropriate. The prefix "adjunct" is added to the rank.

(b) Research appointments are for candidates whose contributions to the college are primarily investigational. The prefix "research" is added to the rank.

(c) Visiting appointments are for candidates from other universities who are temporarily involved in the programs of the college of medicine. The prefix "visiting" is added to the rank.

(4) Joint appointments

(a) These appointments may be awarded to candidates who hold an academic appointment within the university.

(b) Joint appointments may be made only when a candidate participates in teaching or research in a department other than their primary department to a significant degree and extended duration.

(d) The joint appointment will ordinarily be at the same level as the appointment held in the primary department.

(e) An application for promotion will always be initiated through the candidate's primary department.

(f) Promotion for a candidate holding a joint appointment shall require the review and recommendation by both department chairs to the non-tenure track faculty appointment and promotions committee ("faculty appointment and promotions committee").

(5) Resident or fellow appointments

Any resident or fellow who teaches medical students may be eligible for rank as clinical instructor. This appointment will automatically terminate upon the completion of the training program of the department in which the rank is awarded.

(6) Appointments solely within the purview of the dean

Recommendations for appointment in the following categories are typically reviewed and approved solely by the dean who may, at his/her discretion, request review by the faculty appointments and promotions committee. Recommendations are forwarded to the office of the provost, and then to the president for formal transmission to the board of trustees for ratification.

(a) Visiting appointments, if the recommended rank is consistent with the candidate's qualifications or appointment at another accredited university of higher education;

(b) Adjunct or research appointments, if the recommended rank is consistent with the candidate's appointment at another accredited university of higher education;

(d) In exceptional circumstances, at the request of the department chair, the dean in consultation with the chair of the appointments and promotions committee, may approve affiliated faculty member appointments at ranks higher than entry level in either pathway. The dean will forward the appointment to the office of the provost and to the president for formal transmission to the board of trustees for ratification.

The university may confer titles of distinction including "emeritus" and "distinguished" for qualified faculty in accordance with the university faculty rules and emeritus status rules.

(D) Basic principles for appointment and promotion

(1) Appointment

(a) Appointment to the faculty is a privilege, not a right. An appointment is the designation awarded to a candidate at a given academic rank which is based upon the candidate's competence in a given field and the expectation of sustained NEOMED participation.

(b) The candidate has the right to a full, impartial and confidential review of the credentials submitted.

(c) Faculty are required to contribute to NEOMED teaching, scholarship, and/or service in a manner consistent with the mission of the respective department and, if applicable, in accordance with the faculty member's letter of offer.

(d) Considerations for faculty appointment include, but are not limited to:

(i) Completion of a written application submitted by a candidate for appointment with documents that the candidate has met the criteria;

(ii) Possession of an appropriate terminal degree or exceptions as justified by the candidate's department chair;

(iii) Expertise in an appropriate academic field and evidence of dedication to continuing advancement of this field of knowledge;

(iv) Ability and dedication as an effective teacher;

(v) Creativity and competence in an appropriate field of research and scholarship; and

(vi) Professional performance consistent with NEOMED's faculty code of conduct set forth in appendix C of the university faculty bylaws.

(e) For new appointments, all activities documented in a candidate's curriculum vitae are taken into consideration in determining their pathway.

(f) All recommendations for a faculty appointment are forwarded to the board of trustees for final approval. A non-tenure-track appointment is made with the expectation that it will continue until notice is given by either the candidate or the college in accordance with the university faculty rules, rules and procedures.

(g) Faculty holding an appointment from another institution will be considered for appointment at the same rank within the college. Once a faculty member receives a NEOMED appointment, they may apply for promotion using the standard procedure outlined herein if they meet eligibility criteria.

(2) Promotion

(a) Promotion may be made only after the minimum time in rank and contributions commensurate with the higher rank have been achieved. The faculty appointments and promotions committee will consider any specific exceptions or requirements set forth in the faculty member's letter of offer, if applicable, or amendments thereto.

(b) There is no requirement that a faculty be promoted after a given period of service.

(c) For promotions, activities documented in the curriculum vitae since the last change in rank are considered when determining the appropriate pathway and rank.

(d) In evaluating the candidate's performance, the weighting of the evaluation areas may vary. Consideration will be given to the mission of the department and the demands of the appropriate discipline. Both the quality and quantity of the individual's contribution will be taken into consideration.

(E) Time in rank

(1) For NEOMED-employed faculty, prior service may be counted toward the time in rank requirement if specified in the letter of offer or an amendment thereto.

(2) For affiliated faculty, prior service may be counted toward the time in rank requirement if supported by the NEOMED department chair and approved by the dean.

(3) Instructor to assistant professor

(a) For physicians, the attainment of board certification satisfies the minimum requirement for "time in rank" for promotion from instructor to assistant professor.

(b) For non-physicians, the attainment of a terminal degree will satisfy the minimum requirement for promotion from instructor to assistant professor.

(4) Assistant professor to associate professor

The minimum time in rank prior to consideration for promotion to associate professor is five years. Only in exceptional circumstances, if recommended and justified in writing by the department chair and approved by the dean, may a candidate be considered prior to that time.

(5) Associate professor to professor

(a) The minimum time in rank prior to consideration for promotion to professor is seven years. Only in exceptional circumstances, if recommended, and justified in writing by the department chair and approved by the dean, may a candidate be considered prior to that time.

(b) Prior service may be counted toward this requirement if supported by the department chair and approved by the dean.

(6) Upon the recommendation of the department chair and with the concurrence of the dean, exceptions to the considerations outlined herein may be granted.

(F) Standards and documentation for non-tenure track faculty

(1) The teaching standard

(a) Teaching is a central mission of the college of medicine. The faculty member must demonstrate proficiency in presenting concepts and information in teaching, problem solving, modeling professional behavior, contributing to innovative curriculum, and teaching initiatives, and engagement in nationally or internationally prominent educational activities.

(b) Documentation supporting the teaching standard

(i) Faculty members must carry out educational activities overseen by the department chair or appropriate supervising authority. Teaching of NEOMED students and postdoctoral trainees (e.g., residents and fellows) at affiliated institutions will be of primary importance.

(ii) Teaching peers and other health professionals in college sponsored programs is recognized as a contribution to the educational program of the college. These activities include, but are not limited to, formal continuing education programs, scientific seminars, workshops, and conferences.

(iii) Educational activities include, but are not limited to: presentation of lectures and tutorials, simulation training, hands-on workshops small group teaching, curriculum planning and meetings, direction of a course, clerkship, or elective, clinical precepting, preparation of syllabi, course, and examination materials, evaluation of students, academic advising, career counseling, tutoring, teaching review sessions, remediation, collaborative work with other faculty curriculum assessment, instruction, assessment or observation of faculty teaching or precepting, and obtaining external funding for educational activities. Teaching formats may be live or virtual and synchronous or asynchronous.

(iv) The extent and effectiveness of educational accomplishments will be evaluated through review of relevant evidence.

(2) The research and scholarly accomplishments standard

(a) Research and scholarly activities are central to the mission of the university and the college of medicine. Given the complexity of the university and its component colleges, and the great diversity of talent within, it is imperative that various kinds of academic work be recognized through a broad vision of scholarship.

(i) Scholarship includes, but is not limited to, the dissemination of knowledge acquired through discovery, integration, application, and teaching. Research is understood to include the traditional science of inquiry, investigation, and experimentation. Scholarship and research may also include participation in clinical trials and commercialization, patent, and technology transfer activities. Such work may be primarily supportive for promotion decisions and weigh importantly in tenure decisions. While clinical care is insufficient alone to merit promotion or tenure, clinical innovation and improvement activities done in a scholarly manner and acknowledged to be of regional or national importance are important indicators of distinction and merit consideration. Regardless of the type of scholarship, it should possess the quality of excellence, be peer-reviewed and be disseminated in the public domain.

(ii) Creative scholarly activity includes both original research resulting from investigative work or other peer reviewed contributions to the professional and scientific literature. Faculty shall conduct original research and other scholarly activity. The hallmark of creative scholarly activity lies in the peer reviewed "written" word. Written work which is not peer reviewed may support a faculty member's application or dossier, but by itself is insufficient evidence of excellence in scholarly activity. Oral presentations or poster presentations may enhance a faculty member's dossier but are insufficient evidence of proficiency or excellence in scholarly activity.

(iii) Faculty shall conduct research and other creative scholarly activity that clearly demonstrates high quality and conforms to the highest ethical and legal standards.

(iv) Scholarship benchmarks may differ from one field to another. The benchmarks should be consistent with the applicant's discipline as judged by an external review process.

(v) Clinical innovation and improvement performed in a scholarly fashion documented to be of regional, national, and international importance may stand as evidence of contribution to scholarship.

(b) Documentation supporting the research and scholarly accomplishments standard

(i) Research support includes financial support generated through grants, contracts, and other competitive awards.

(ii) Research collaborations include, but are not limited to, collaborations between hospital and university departments, colleges, and universities regionally, nationally, or internationally.

(iii) Research consultations include, but are not limited to, providing consultation in study design, data analysis, measurement, and evaluation.

(iv) Scholarly publications include publications in journals, books, chapters, monographs, case reports, literature reviews, abstracts, and technical reports.

Scholarly publications will be weighted and assessed in terms of quality and quantity and the candidate's role in the work. The quality of the publications will be evaluated by criteria such as: whether the publication was refereed; whether the publication was invited; the impact factor of the journal; the reputation of the book or monograph; the scope of the publication's audience; the number and nature of citations; originality, creativity and impact on the field; unsolicited independent reviews; or solicited outside professional reviews.

(v) Scholarly presentations include, but are not limited to: lectures, poster presentations or educational displays at professional meetings, colloquia, workshops, seminars and conference presentations.

(vi) Intellectual property development and activities in support of innovation and commercialization. Documentation of the development of new intellectual property including patents, conduct of clinical trials, and commercialization of university intellectual property provide additional evidence.

(vii) Innovative clinical activities supported by scholarly publications, presentations, and grant and contract activity; commercialization efforts; and clinical trial excellence.

(3) The service and leadership standard

(a) The standard

Providing service and leadership oriented to the needs of the university, college, and respected department is expected for faculty, regardless of rank and academic appointment. Service and leadership to the medical profession, to one's field of expertise, and community are also recognized and valued by the college.

(b) Documentation to support the leadership standard

(i) Service activities include, but are not limited to:

(a) Mentoring or advising of NEOMED students;

(b) Membership on committees, boards, councils, etc., that align with the NEOMED COM mission;

(c) Professional service activities, such as service on research review committees, ad hoc research reviews, editorial board membership, editorship, editorial review, etc.;

(d) Service to improve community health;

(e) Global health activities;

(f) Service to governmental bodies, governmental funding agencies, or on biomedical, public health, and community health topics;

(g) Planning, organizing, and implementing service projects; and

(h) Service support. This includes support for service activities generated through grants, contracts, and other sources.

(ii) Leadership activities include but are not limited to the following:

(a) NEOMED leadership, including section chief, department chair, director, vice president, president, board member;

(b) Affiliated institutional leadership, including department chair, vice chair, medical director, chief medical officer, vice president, president, chief executive officer, board member;

(c) NEOMED or affiliated institutional educational leadership, including clerkship site director, clinical experiential director, assistant or associate dean, residency or fellowship program director or associate program director, director of medical education, designated institutional official, chief academic officer;

(d) Leadership in committees of regional, national, or international professional organizations;

(e) Leadership of regional, national, or international professional organizations; and

(f) Member of professional society board or executive committee.

(G) Appointment and promotion criteria and pathways

(1) Instructor

(a) Physicians who have completed an accreditation council for graduate medical education or American osteopathic association-approved residency or fellowship within their area of practice but have not obtained certification from the corresponding medical specialty board.

(i) Any activity that involves the education of NEOMED medical students and/ or residents or fellows in NEOMED-affiliated institutions is highly valued.

(ii) Mentoring of NEOMED students is strongly encouraged.

(b) Non-physicians without a terminal degree.

(i) Professional or work experience appropriate to the field.

(ii) Any activity that involves the education of NEOMED students and/or postdoctoral trainees (e.g., residents and fellows) at affiliated institutions is highly valued.

(iii) Mentoring of any NEOMED student is highly valued.

(2) Professional standing for appointments beyond the level of instructor

(a) Physicians board certification is required for any physician at or above the level of assistant professor. Physicians at the level of instructor who have obtained board certification may be granted the rank of assistant professor upon recommendation of the chair and approval by the dean.

(b) Notwithstanding the requirement set forth in paragraph (G)(2)(a) of this rule, a physician candidate who has retired from practice in good standing may be appointed at an appropriate level at the discretion of the dean.

(c) Non-physicians without a terminal degree. Appointment above the rank of instructor requires approval of the department chair.

(d) The NEOMED department chair may request additional supporting information to inform their recommendation regarding the appropriate faculty pathway and rank for appointment and promotion.

(3) Criteria for investigator pathway by rank level

(a) Assistant professor

Achievement of the assistant professor rank requires participation in educational activities listed in exibit 1, "activities table."

(i) Teaching of NEOMED students and/or NEOMED-affiliated, residents, or fellows is required.

(ii) Mentoring of NEOMED students is strongly encouraged.

(iii) Activity in research or service involving NEOMED is encouraged.

(b) Associate professor

Achievement of the associate professor rank requires progressive participation and contributions which extend outside one's place of employment in any of the educational activities listed in exhibit 1," activities table" plus participatation in either, research or service activities involving NEOMED.

(i) Educational activities must include involvement in Teaching of NEOMED students and/or NEOMED-affiliated, residents, or fellows is required.

(ii) Mentoring of NEOMED students is strongly encouraged.

Achievement of the professor rank requires sustained excellence and distinction in the education of NEOMED students, or NEOMED-affiliated residents or fellows plus participation in both research and service, activities for NEOMED. Demonstration of activity beyond the minimum requirements is desired.

(i) Demonstrate professional standing in organizations appropriate to the discipline as a representative of NEOMED.

(ii) Recognition by peers for leadership at national and/or international levels are important elements for consideration.

(iii) mentoring of NEOMED students is strongly encouraged.

(4) Criteria for educator pathway by rank level

Faculty in the investigator pathway must demonstrate achievement in research and scholarship with NEOMED.

(a) Assistant professor

Achievement of the assistant professor rank requires participation in any of the research and scholarly activities listed in exhibit 1, "activities table."

(i) Activity in NEOMED teaching and service is strongly encouraged.

(ii) Teaching of NEOMED students and/or NEOMED-affiliated residents, or fellows is highly valued.

(iii) Mentoring of NEOMED students is strongly encouraged.

(b) Associate professor

Achievement of the associate professor rank requires progressive participation in and extramural contributions in any of the research and scholarly activities listed in exhibit 1, "activities table" plus participation in either teaching or service activities for NEOMED.

(i) Teaching of NEOMED students and/or NEOMED-affiliated, residents, or fellows is highly valued.

(ii) Mentoring of NEOMED students is strongly encouraged.

Achievement of the professor rank requires sustained and distinguished accomplishments in education, scholarship, and service and strong commitment to NEOMED.

(i) Recognition by peers for clinical acumen, leadership in quality improvement efforts on a large scale, and regional, national, and international reputation are important elements for consideration.

(ii) The candidate should demonstrate professional standing in organizations appropriate to the discipline as a representative of NEOMED.

(iii) Service to NEOMED (e.g., mentoring, committee membership and teaching NEOMED students and/or NEOMED-affiliated residents, or fellows are required.

(iv) Mentoring of NEOMED students is strongly encouraged.

(H) Procedures for processing non-tenure track appointments and promotions

(1) Appointment

(a) Full-or part time NEOMED-employed faculty search committees

(i) Where appropriate, when a salaried, non-tenure track position has been authorized, the department chair will propose a search committee to the dean who will appoint the committee.

(ii) A duly constituted college of medicine search committee shall function as the faculty appointments and promotions committee for a candidate who is recruited through an appropriate search process.

(iii) The search committee's recommendation will be forwarded for review and recommendation in sequence to the department chair, dean, provost, and to the president for formal transmission to the board of trustees for ratification.

(iv) The office of the provost designee will notify the candidate of the action of the board of trustees.

(b) Affiliated faculty

(i) The candidate must submit a completed appointment application for non-tenure track faculty and current curriculum vitae.

(ii) The candidate's application and curriculum vitae will be forwarded to the NEOMED department chair for review and recommendation of rank.

(iii) Candidates who are recommended by the chair for appointment, except those which are solely within the purview of the dean, will be forwarded to the faculty appointments and promotions committee for consideration.

(iv) The chair of the faculty appointments and promotions committee will forward all recommendations to the dean for review.

(v) The dean will forward recommendations for appointment to the office of the provost, which will forward them to the president for formal transmission to the board of trustees for ratification.

(vi) The office of the provost will notify the candidate of the action of the board of trustees.

(2) Promotion

Candidates will follow the guidelines for promotion - college of medicine annual promotion cycle timeline for non-tenure track salaried and affiliated faculty.

The candidate shall notify the department chair(s) of the intent to stand for promotion by the established deadline.

(a) NEOMED-employed faculty

A candidate primarily employed by NEOMED as a faculty member with greater than or equal to 0.6 FTE will prepare a promotion dossier for college of medicine non-tenure track faculty for their primary appointment. For secondary joint appointments, the candidate will submit the promotion application for non-tenure track faculty and current curriculum vitae.

(b) Affiliated faculty

The candidate shall submit the completed promotion application for non-tenure track faculty," current curriculum vitae, and personal statement.

(i) For promotion to associate professor, two letters of recommendation will be submitted to the department chair from professionally qualified evaluators, including one outside of the candidates' primary institution.

(ii) For promotion to professor, at least three letters of recommendation will be submitted to the department chair from professionally qualified evaluators.

(a) For the investigator pathway, all three evaluators must be from outside of the candidate's primary institution.

(b) For the educator pathway, two out of the three evaluators must be from poutside the candidate's primary institution.

(c) The chair may elect to identify additional evaluators to submit letters of recommendation. Supplemental materials, including teaching evaluations and manuscripts, may be requested by the department chair, faculty appointments and promotions committee, or dean.

(d) All documents, including dossier or application and letters of recommendation must be submitted by the established deadline.

(e) The department chair will forward all documents to the faculty appointments and promotions committee with a letter of attestation.

(f) Faculty appoints and promotions committee review

(i) The chair of the faculty appointments and promotions committee will forward recommendations to the dean and copy the department chair as specified in the guidelines.

(ii) Positive recommendations by the faculty appointments and promotions committee and the dean will be forwarded to the office of the provost.

(g) Appeal of a negative recommendation

(i) In the case of a negative recommendation by the faculty appointments and promotions committee upheld by the dean, the candidate will be notified by the dean and be advised of the process to appeal the decision.

(ii) Within ten business days after receipt of the negative recommendation, the candidate may appeal to the dean in writing.

(iii) The dean will review all materials submitted and may either:

(a) Overturn; or

(b) Concur with the recommendation of the faculty appoints and promotions committee.

(iv) The dean will inform the candidate of the decision after completing the review.

(v) If the dean does not accept the recommendation of the faculty appointments and promotions committee, the dean will notify the committee and provide the dean's rationale therefore.

(vi) The decision of the dean is final.

(h) Review by the provost and transmission to the president

(i) The dean will forward recommendations to the office of the provost for review. If the provost is in agreement, the provost will forward positive recommendations to the president for formal transmission to the board of trustees for ratification.

(ii) The office of the provost will notify the candidate following ratification by the board of trustees.

(I) Structure and function of the non-tenure track faculty appointments and promotions committee

(1) The college of medicine non-tenure track faculty appointments and promotions committee is a standing committee of the college of medicine.

(2) Composition and chair

(a) The committee is a standing committee of the college and as such its composition is described in college of medicine appendix G.

(b) A duly constituted college search committee shall function as the faculty appointments and promotions committee for a candidate who is recruited through an appropriate search process.

(3) Responsibilities

(a) The faculty appointments and promotions committee will evaluate the materials and will consider the role, responsibilities, and assignments of the candidate as outlined in the faculty member's letter of offer and make recommendations to the dean of the college. During its evaluation, may:

(i) Interview the candidate;

(ii) After notifying the candidate, interview the department chair or other appropriate individuals;

(iii) Request any additional information pertinent to the evaluation; and

(iv) Seek external advice as it deems necessary.

(b) Recommendations

(i) The committee, by majority vote, will recommend one of the following:

(a) Approval of the request for appointment or promotion as submitted;

(b) Approval of the request for appointment or promotion with a revised rank or title;

(d) disapproval of the request for appointment or promotion as submitted. The committee will transmit the recommendation and the reasons, therefore to the dean and the department chair. The department chair shall promptly inform the candidate of the recommendation. In the case of promotion, the candidate shall also be informed by the department chair of the right to appeal.

(ii) Recommendations are forwarded by the office of the provost to the president for formal transmission to the board of trustees for ratification.

(J) Continuation of appointment for affiliated faculty

(1) Full-time affiliated faculty will receive feedback from their department chair or the office of clinical faculty affairs on their academic performance and progress toward promotion on a regular basis.

(a) Once a candidate has achieved a rank level, the candidate will not be reduced in rank.

(b) Faculty appointments do not continue indefinitely. Affiliated faculty appointments will continue unless any of their academic performance and progress toward promotion on a regular basis:

(i) The faculty member no longer engages with NEOMED in teaching, research, or service over a three-year period;

(a) The faculty impacted by this provision may appeal the decision to be the dean of the COM whose decision will be final;

(b) The faculty member fails to complete tasks designed by, and within the timeframe assigned from, the dean's advisory group that are deemed critical to compliance or accreditation.

Faculty impacted by this provision may reapply for appointment at their prior rank once the task in question has been completed.

(ii) The faculty member receives a notice of non-reappointment; or

(iii) The faculty member is charged with violating the university faculty code of conduct described in appendix C of the university bylaws and is being sanctioned as described in appendix D of the university bylaws.

(c) Affiliated faculty who disagree with the intention to discontinue appointment may request a meeting with the department chair within five business days after notification of the proposed discontinuation.

(d) After the meeting, the department chair will notify the affiliated faculty member and the dean of the final recommendation.

(K) Faculty leave of absence

NEOMED-employed faculty

(1) Faculty who are employees of the university are expected to follow the leave procedures as outlined in the employee handbook of the university.

(2) Leaves of absence approved by the department chair and the dean will not be counted toward accumulated time in rank.

Last updated August 17, 2026 at 10:13 AM

History

Effective: August 15, 2026
Promulgated Under: 111.15

Ohio Adm.Code 3349-3-25 Appendix A - college of pharmacy procedure for appointment, promotion, reappointment, and evaluation of non-tenure track faculty.

(A) Definitions

(1) "Affiliated faculty." A non-tenure track faculty member who is non-salaried or whose primary role is not as a faculty member. These faculty have roles that are generally limited to formal and informal teaching on a periodic basis.

(2) "Board certification." Certification received by a pharmacist who has passed the certification and applicable mandatory recertification examinations of the board of pharmaceutical specialties.

(3) "Candidate." An individual who is requesting review of their credentials for appointment and promotion.

(4) "College." The college of pharmacy will be referred to as the "college" for purposes of this appendix.

(5) "College appointment and promotion committee." Committee appointed by the dean to consider appointment and/or promotion and make recommendations to the dean.

(6) "Curriculum vitae (cv)." The curriculum vita is one of the documents submitted by the candidate for consideration by external evaluators. Suggested items include information on teaching, research and scholarly pursuits, academic and professional/public service, and the practice of pharmacy.

(7) "Days." Days as used in this document are working days.

(8) "Development plan." A document describing the proposed activities in teaching, service, and scholarly activity in which a faculty member is currently engaged or planning to engage over the next academic year(s).

(9) "External evaluator." An external evaluator is an individual who is external to the university and is qualified to assess the candidate's achievements and reputation.

(10) "Full-time faculty appointment" or "full-time appointment." Full-time faculty are faculty who receive a full-time salary from:

(a) The university;

(b) An associated or affiliated teaching hospital, healthcare provider, or health agency;

(11) "Joint appointment." Non-tenure track appointment that is awarded to faculty who already hold an academic appointment within the university.

(12) "Letter of offer." The letter of offer is a document initiated by the college and sets forth certain conditions of the offer of employment but does not constitute a contract. Any previous experience to be counted toward a faculty member's time in rank may be negotiated prior to the offer and will be documented in the letter of offer. Any modifications to the letter must be in writing and agreed to by both parties.

(13) "Limited faculty appointment." Appointments for faculty whose academic contributions to the college are limited in time or scope and carry the prefix "adjunct," "research," or "visiting."

(14) "Mentor." A faculty member who has formally agreed to serve as an advisor and who helps another faculty member reach his/her personal and/or professional goals.

(15) "Midpoint review." A formal evaluation of a candidate's midpoint review dossier that occurs approximately halfway through the candidate's promotion cycle. The formal evaluation may include interviews with the candidate, mentor or equivalent representative and provides written guidance on progression toward promotion and recommendations for future activities.

(16) "Midpoint review dossier." A file containing the candidate's documents submitted for midpoint review. The file must include a current and complete curriculum vitae, a letter of offer, documented activities in teaching, service, and scholarly activity, a self-reflective narrative evaluation of performance and accomplishments, and a development plan.

(17) "Notice of non-reappointment." A notice of non-reappointment is a written notification by the dean that the college intends to terminate a faculty member's appointment at a specified time.

(18) "Non-tenure track position." A faculty appointment that does not include the eligibility to apply for tenure.

(19) "Part-time appointment." Faculty with part-time appointments are those who receive regular supplemental payment from the university, an associated or affiliated teaching hospital, healthcare provider and/or health agency for part-time activity carried out under the auspices of the university.

(20) "Pharmacy education appointment." One of two types of affiliated appointments referring to university employees outside of the college of pharmacy who contribute to the development, implementation, administration, assessment, and/or evaluation of curricular offerings within the college.

(21) "Preceptor appointment." One of two types of affiliated appointments referring to individuals who are not university employees and are either residents (clinical instructor) or individuals involved in experiential teaching at their sites of employment (clinical assistant professor, clinical associate professor, or clinical professor).

(22) "Promotion dossier." A file containing the candidate's documents submitted for consideration for promotion. The file must include a current and complete curriculum vitae, documented activities in teaching, service, and scholarly activity, a self-reflective narrative evaluation of performance and accomplishments.

(23) "Salaried faculty." A tenured, tenure track, or non-tenure track faculty member that is full-time, part-time, or co-funded and whose primary role is as faculty.

(24) "Unit." A standard measurement used to calculate credits toward faculty rank.

(25) "Vice president for academic affairs." The chief academic officer of the university (hereinafter may be referred to as VPAA).

(B) Academic ranks and appointment types

(1) The following academic ranks have been established for non-tenure-track faculty:

(a) Professor,

(b) Associate professor,

(d) Instructor,

(2) Faculty appointments are subject to periodic review for reappointment and non-reappointment with all the rights and responsibilities as set forth in rule 3349-3-01 of the Administrative Code. They may or may not have a limiting prefix.

(3) Limited appointments.

The following appointments may be awarded to persons whose academic contributions to the college are limited in time or scope. For persons holding rank at another accredited institution of higher education, the rank awarded will usually be consistent with the rank held at the primary institution.

(a) "Adjunct appointments" are for persons whose academic contributions to the college are primarily teaching and for whom another category of appointment is not appropriate. The prefix "adjunct" is added to the rank.

(b) "Research appointments" are for persons whose contributions to the college are primarily investigational. The prefix "research" is added to the rank.

(c) "Visiting appointments" are for persons from other institutions who are temporarily involved in programs of the college of pharmacy or for college supported residents or fellows (instructor rank). The prefix "visiting" is added to the rank.

(4) Joint appointments

(a) These non-tenure-track appointments may be awarded to faculty who already hold an academic appointment within the university.

(b) Joint appointments may be made only when a faculty member participates in teaching, service, or scholarship in a department, other than the faculty member's primary department, to a significant degree and when such teaching or scholarship is expected to be of long duration.

(c) Such appointments require the recommendation of the chair of the department in which the secondary appointment is sought. The chair of the faculty member's primary department must concur.

(5) Resident/fellow appointments

A resident or fellow who teaches pharmacy students may be eligible for rank as instructor. This appointment is considered temporary and will automatically terminate upon the completion of the training program. Residents or fellows who are employed by the university will have "visiting instructor" appointments while those who are employed elsewhere will have "clinical instructor" appointments.

(6) Appointments solely within the purview of the dean

The dean, working with the support of the office of faculty affairs, shall solely review and approve recommendations for appointment in the following categories upon recommendation by the department chair in whose department the appointment is sought. The dean may, at his/her discretion, forward an application to the college appointment, promotion and tenure committee.

(a) All appointments at the rank of instructor;

(b) Preceptor track appointments at the rank of clinical assistant professor;

(c) Adjunct or research appointments, if the recommended rank is consistent with the appointment the faculty member holds at another accredited institution of higher education;

(d) Visiting or adjunct appointments, if the recommended rank is consistent with the faculty member's qualifications or appointment at another accredited institution of higher education or commensurate with experience and seniority if the faculty member holds an appointment in industry, a federal agency or a similar environment.

(e) Retired appointments.

(1) Distinguished

The title "distinguished" is a non-salaried designation of distinction conferred by the board of trustees upon an individual who has contributed significantly to the mission of the college. Distinguished titles may also be conferred upon individuals known nationally or internationally who have made significant contributions to his/her discipline. This title will be awarded in accordance with paragraph (N) of rule 3349-3-01 of the Administrative Code.

(2) Emeritus

(a) Rule statement (board of trustees rule reproduced here for informational purposes; this rule may only be amended by an action of the board of trustees.)

(i) "Emeritus" status recognizes university faculty and professional senior administrative staff who have provided meritorious service to the university and have retired. The university recognizes the potential of emeritus faculty and senior administrators as a continuing valuable resource and is committed to fostering an active ongoing relationship with them through an extended academic appointment.

(ii) A candidate for emeritus status will have demonstrated leadership and wisdom, will have given dedicated and distinguished service to the university for a minimum of ten years and, for faculty, have attained the rank of associate professor. Exceptions to the ten years and associate professor requirements may be made by the dean, president, or chair of the board of trustees for a faculty member who has made an outstanding contribution to the university during a briefer period of service or holds a rank below associate professor.

(iii) Where possible, an emeritus faculty member will continue to contribute to the university community as appropriate.

(b) Procedures for nomination and selection

(i) The award of emeritus status is meritorious and thus expected to be limited in number.

(ii) A candidate may be nominated by his/her department chair, dean, president or chair of the board of trustees.

(a) Faculty are nominated by the department chair after discussion with the dean. The dean must approve faculty nominations.

(b) A department chair or associate dean will be nominated by the dean.

(d) A president will be nominated by the board of trustees chair.

(iii) Except in the case of a board of trustees' nomination, the nominator must submit a current CV for the nominee and a letter of recommendation supporting:

(a) The nominee's qualifications in meeting the minimum criteria; and

(b) Three supporting letters of reference from other constituents, obtained by the nominator.

(iv) The completed nomination packet (including any and all letters, even of the advisory committee should one be established) should be forwarded (electronically) to the office of the VPAA.

(v) The VPAA will confirm that the materials are complete and will present the materials to the president.

(vi) The dean may choose to interview the faculty candidate and must approve the candidate before submission.

(vii) The designation of emeritus status is recommended by the president or board of trustees' chair and awarded by formal resolution of the board of trustees.

(viii) The candidate will be notified of the board of trustees' approval and will be provided a copy of the board of trustees' resolution.

(i) Individuals with emeritus status are expected to comply with all the policies, regulations and rules as stated in the appropriate university handbooks.

(ii) Contact the office of the VPAA for a complete listing of all rights, responsibilities and privileges.

(3) Utilization of college resources by a faculty member holding a title of distinction will be individually determined by the department chair with the concurrence of the dean and president.

(D) Basic principles for appointment, promotion and reappointment

(1) Appointment

(a) Appointment to the faculty is a privilege, not a right. Initial appointment is primarily based upon past performance with an expectation of continued contribution at a level commensurate with the appointment description and rank as described in paragraph (G) of this rule.

(b) The candidate has the right to a full, impartial and confidential review of the credentials submitted.

(c) Faculty with non-tenure-track appointments are expected to contribute to the teaching, scholarship, and/or service programs of the college in a manner consistent with the mission of the respective department and in accordance with the candidate's letter of offer.

(d) Considerations include, but are not limited to:

(i) Possession of an appropriate terminal degree or exceptions as justified by the candidate's department chair and approved by the dean and president;

(ii) Expertise in an appropriate academic field and evidence of dedication to continuing advancement of this field of knowledge;

(iii) Ability and dedication as an effective teacher;

(iv) Creativity and competence in an appropriate field of research and scholarship;

(v) Ability to assume responsibility for professional services and administration of health and/or academic services; and,

(vi) Ethical, professional performance.

(e) A non-tenure-track appointment is made with the expectation that it will continue until a termination notice is given by either the candidate or the college of pharmacy in accordance with rule 3349-3-01 of the Administrative Code. Any time accrued under non-tenure-track appointments will not count toward appointment or any probationary period on the tenure track.

(2) Promotion

(a) A candidate is encouraged to apply for promotion after a minimum time in rank. A candidate is required to submit a midpoint review for promotion to the college appointment and promotion committee. The midpoint review process will enable the committee to review the candidate's development plan, midpoint review dossier, and supporting materials in order to provide written recommendations for continued performance improvement in regards to promotion.

(b) Promotion may be made after the minimum time in rank and contributions commensurate with the higher rank have been achieved. The college appointment and promotion committee will consider any specific exceptions or requirements set forth in the candidate's letter of offer or amendments thereto.

(c) In evaluating the candidate's performance, the weighting of the evaluation areas may vary. Consideration will be given to the mission of the department and the demands of the appropriate discipline. Both quality and quantity of the individual's contribution will be taken into consideration.

(3) Reappointment

(a) Reappointment to the faculty is not automatic.

(b) The decision to renew a faculty appointment will be based upon the activities of the faculty member since the last review and the needs and resources of the college.

(d) A recommendation for non-reappointment is not considered a dismissal for cause, and as such cannot be appealed.

(E) Structure and function of the college appointment and promotion committee ("committee")

(1) Composition

The committee consists of six faculty members appointed as described in rule 3349-3-71 of the Administrative Code. While it is preferable to draw all committee members from the college faculty, the dean may in his/her discretion appoint qualified faculty from outside the college.

(2) Responsibilities

(a) Midpoint review

(i) The committee will evaluate the candidate's development plan, midpoint review dossier, and any supporting material in light of the criteria for appointment and promotion, taking into account any special considerations regarding the role, responsibilities, and assignments of the candidate as outlined in the candidate's letter of offer, and provide written recommendations regarding areas for continued growth and improvement in order to prepare for consideration for promotion.

(ii) Evaluation - the committee, during its evaluation, may:

(a) Interview the candidate;

(b) Interview the candidate's mentor, and/or equivalent representative;

(d) Seek confidential external advice, if the candidate signs a waiver, as it deems necessary.

(iii) Recommendations the committee will provide, in writing, guidance regarding the candidate's midpoint review dossier and recommended areas for continued growth and improvement in order to prepare for consideration for promotion in accordance with time in rank requirements. The written guidance will be provided to the candidate and the department chair. This written recommendation will include the following:

(a) Feedback on the contents of the midpoint review dossier (e.g., items missing or extraneous; items needing further clarification);

(b) Areas in which the candidate currently meets criteria for promotion;

(c) Areas in which the candidate currently is deficient in regards to the criteria for promotion. This should include recommendations and/or examples for which the criteria for promotion is not currently met and how criteria can be achieved;

(d) Consideration for resubmission of the midpoint review. If the committee determines that significant deficiencies exist in the candidate's midpoint review dossier, the committee may recommend resubmission in order to assess continued progress towards the requirements for promotion. This should include a specific timeline in which the midpoint review should be resubmitted to the committee.

(iv) Timeline

(a) The candidate is required to undergo a midpoint review process approximately halfway through their promotion cycle. This would be at the completion of either year two or three for candidates at the assistant professor rank applying for promotion to associate professor and at the completion of either year three or four for candidates at the associate professor rank applying for promotion to professor.

(b) There will be two midpoint review cycles; summer cycle and winter cycle. The candidate will submit a letter of intent for midpoint review by June first for the summer cycle or by December first of the winter cycle during academic year in which he/she will undergo the midpoint review.

(c) The candidate will submit his/her development plan, midpoint review dossier, and supporting materials by July first for the summer cycle or January first for the winter cycle during the academic year in which he/she will undergo the midpoint review.

(d) The committee will provide written recommendations for further growth based on the candidate's midpoint review by no later than December thirty-first for the summer cycle and by no later than June thirtieth for the winter cycle. The recommendations should include feedback completed prior to the candidate's annual evaluation review and workload development for the next academic year.

(b) Promotion

(i) The committee will evaluate the promotion dossier in light of the criteria for appointment and promotion, taking into account any special considerations regarding the role, responsibilities and assignments of the candidate as outlined in the candidate's letter of offer, and make recommendations to the dean of the college of pharmacy.

(ii) Evaluation - the committee, during its evaluation, may:

(a) Interview the candidate;

(b) Interview the department chair or other appropriate faculty members, after notifying the candidate;

(d) Seek confidential external advice, if the candidate signs a waiver of access to the advice, as deemed necessary.

(iii) Recommendations - the committee, by majority vote, will recommend one of the following and forward to the dean:

(a) Approval of the request for appointment or promotion as submitted;

(b) Approval of the request for appointment or promotion with a revised rank or title;

(c) Disapproval of the request for appointment or promotion as submitted. The committee will transmit the recommendation and the reasons therefore to the dean and the department chair.

(iv) Recommendations

Committee recommendations are forwarded to the dean to review when evaluating the materials to develop his/her recommendation regarding promotion. The dean may accept or reject the recommendation of the committee and the timeline shall proceed as described in paragraph (J) of this rule.

(F) Salaried faculty - requirements and time in rank

(1) Requirements

The required levels of development for candidates are classified as follows:

(a) Intent level

The level of intent describes a candidate who is in the planning stages of developing a teaching portfolio, service record, and scholarly activity documentation.

(b) Pursuit level

The level of pursuit describes a candidate who is actively developing or engaging in their teaching activities, service requirements, and scholarly activity. Quality of the activities will be weighted more than the quantity of activities. It is recognized that faculty roles and responsibilities change over time. Pursuit level provides credit for services or activities that were developed or engaged in, but are no longer active, and new activities. Pursuit in teaching should demonstrate a progression of teaching with a clearly developed teaching philosophy. Candidates should engage in service as an active participant and consider stepping into leadership roles. Scholarly activities must include at least one peer-reviewed publication outlined in paragraph (G)(2)(b)(i)(a) and/or paragraph (G)(2)(b)(i)(b) of this rule.

The level of acquisition describes a candidate who is engaged in sustained activity with national or international recognition by their colleagues ; with a teaching portfolio that includes a clear teaching philosophy and evidence of consistent, quality performance in all teaching activities; service activities reflect consistent quality contributions and should include leadership roles; and a scholarly activity portfolio that is well established and reflects consistent, quality contributions, and must include contributions outlined in paragraph (G)(2)(b)(i)(a) and/or paragraph (G)(2)(b)(i)(b) of this rule.

(2) Ranks

(a) Assistant professor

Candidates qualified for this rank are competent to; demonstrate intent by developing a practice, if appropriate for their position and institution, fulfilling teaching and service responsibilities, and beginning to build professional/public service and scholarly activity experience.

(b) Associate professor

Candidates appointed to or promoted to this rank demonstrate evidence of pursuit in all three areas (e.g., teaching, service, and scholarly activity). These candidates fulfill their faculty responsibilities and are recognized as active participants at the college and their practice sites, if applicable.

Candidates appointed to or promoted to this rank demonstrate a level of acquisition in all three areas (e.g., teaching, service, and scholarly activity). These candidates should be recognized as leaders at their practice site (if applicable), college and/or university, region, state, and on the national or international level.

(3) Time in rank

(a) Assistant professor to associate professor

(i) The minimum time in rank prior to promotion to associate professor is five years. In exceptional circumstances, if recommended by the department chair and approved by the dean, a candidate may be considered prior to that time.

(ii) Prior service may be counted toward the time in rank requirement if specified in the letter of offer or an amendment thereto.

(b) Associate professor to professor

(i) The minimum time in rank prior to promotion to professor is seven years. In exceptional circumstances, if recommended by the department chair and approved by the dean, a candidate may be considered prior to that time.

(ii) Prior service may be counted toward this requirement if specified in the letter of offer or an amendment thereto.

(c) Upon the recommendation of the department chair and with the concurrence of the dean, exceptions to the considerations outlined herein may be granted.

(G) Salaried faculty - appointment and promotion standards and documentation

Standards and documentation for initial appointment and promotion include but are not limited to:

(1) Contributions to the educational program of the college

(a) The standard

Teaching is a central mission of the university and its component colleges. A candidate's teaching quality is documented by evidence of clear teaching philosophy, review of teaching materials, recognition and feedback from students, alumni and peers. Positive contributions to the learning environment and curriculum may also support a candidate's record of teaching.

(i) Faculty are expected to carry out teaching assignments made by the department chair. Teaching of pharmacy students, medical students, graduate students and post graduate students, and fostering interprofessional education in university-sponsored programs will be of primary importance.

(ii) Teaching of one's colleagues and other health professionals in university-sponsored programs is recognized as a contribution to the educational program of the university and/or college. These activities include, but are not limited to, formal continuing education programs, faculty development programs, scientific seminars, workshops, and conferences. Teaching in other areas may be considered but will be given less weight.

(iii) The faculty member should demonstrate substantial ability in presenting concepts and information, teaching problem solving, research and laboratory techniques, developing professional attitudes, evaluating students and conducting remediation, innovative curriculum and teaching initiatives, and nationally or internationally prominent educational activities.

(b) Documentation

(i) Evidence of teaching at either the level of pursuit or acquisition may include, but is not limited to, the sources listed in this paragraph. In joint endeavors, the evidence should specify the extent of the individual's contributions. Such contributions include, but are not limited to:

(a) Honors or special recognitions for teaching accomplishments (e.g., master teacher guild, faculty of the year award);

(b) Peer evaluations of expertise in instruction;

(d) Evidence of innovation in course or curriculum development, pedagogical strategies and/or assessment methods;

(e) Evidence of diverse student performance opportunities;

(f) Election to offices, committee activities and other important service to professional pedagogical associations and learned societies including editorial work and peer review as related to teaching;

(g) Demonstration of scholarly and/or theoretical underpinnings related to teaching.

(ii) There must be evidence that the candidate is engaged in educational activities that are appropriate to their appointment. Such activities include, but are not limited to:

(a) Role as a course director, co-director or preceptor;

(b) Presentation of seminars, tutorials, or use of active learning or innovative teaching models;

(d) Academic advising and career guidance;

(e) Obtaining external funding for educational activities.

(f) Service on and recognition by national educational bodies are also important aspects of teaching excellence.

(2) Scholarly activity

(a) The standard

Scholarly activities are central to the mission of the university and is an expectation of all faculty. Given the complexity of the university and its component colleges and the great diversity of talent within, it is imperative that various kinds of work be recognized through a broad vision of scholarship. Scholarly activity includes, but is not limited to, the scholarship of discovery, integration, application and teaching/learning. Scholarship is understood to include the traditional science of inquiry, investigation and experimentation known as research. Scholarly activity may also include participation in clinical trials and commercialization, patent and technology transfer activities. While clinical care alone is insufficient to merit promotion, clinical innovation and improvement activities done in a scholarly manner and acknowledged to be of regional or national importance are important indicators of distinction.

(i) The scholarly activity of non-tenure track faculty in the college of pharmacy is more likely to focus in the categories of integration, application, and teaching and learning as compared to the scholarship of discovery. Scholarship of integration involves the synthesis and interpretation of information across disciplines in a way that brings new meaning to those facts, presentations and/or publications, among others. Scholarship of application seeks to address social problems or make information or ideas accessible to the public. Finally, scholarship of teaching and learning involves discovery, evaluation and transmission of information about the learning process.

(ii) For scholarly activity to have value, it must be distinguished from other aspects of the candidate's service roles and other day-to-day activities. Key aspects that distinguish activities as scholarly activity are that they must reflect one's professional and/or academic expertise, be disseminated outside of one's institution, and engage or be reacted to by peers external to one's institution.

(iii) Clinical innovation and improvement performed in a scholarly fashion and acknowledged to be of regional, national and international importance are additional evidence of readiness for promotion.

(iv) Activity that clearly demonstrates high quality and conforms to the highest ethical and legal standards. Quality is stressed over quantity.

(v) Standards and expectations for scholarly activity may differ from one field to another.

(vi) Research collaborations. These include, but are not limited to collaborations between departments, colleges and universities regionally, nationally or internationally.

(vii) Research consultations. These include, but are not limited to, providing consultation in study design, data analysis, measurement and evaluation.

(viii) Intellectual property development and activities in support of technology transfer and commercialization.

(b) Documentation

Evidence of scholarly activities includes, but is not limited to, the sources listed below. In joint endeavors, the evidence should specify the extent of the individual's contribution.

(i) Dissemination of scholarly activities includes, but is not limited to:

(a) Articles, abstracts, and other scholarly works published by reputable journals, scholarly presses, publishing houses, or other similar media that accept works after rigorous review and approval by peers in the disciplines;

(b) Scholarly reviews, books, book chapters and case reports which are peer reviewed;

(d) Published correspondence in scientific and/or professional publications;

(e) Monographs and/or technical reports which are peer reviewed;

(f) Publications which do not undergo a peer review process may be considered as scholarship but must be accompanied by other scholarly activities listed in paragraphs (G)(2)(b)(i)(a) to (G)(2)(b)(i)(e) of this rule.

(ii) Grants and contracts related to research and other scholarly activities.

(a) Competitive extramural funding from the federal/state government and national/state foundations.

(b) Extramurally funded investigator-initiated research, (e.g., industry sources).

(d) Industry sponsored research with protocol developed by funding source.

(e) Competitive intramural funding.

(iii) Acknowledgement of research and scholarly activities.

(a) Membership on editorial boards, study section review panels, or grant selection committees; documentation of activities performed while holding these positions must be provided for consideration.

(b) Election to offices, committee activities, and important service to professional associations and learned societies, including editorial work and peer reviewing as related to research and other creative scholarly activities.

(d) Consultant activities in state, national, and international groups engaged in scholarly activity endeavors; evidence of competitive selection is advantageous.

(e) Dissemination of new practice methods (patient care and managerial) outside of one's institution; evidence of peer review and/or measurable impact on patient care is essential.

(f) Publication or dissemination of peer reviewed software for patient care, practice or basic research.

(g) Invitations to testify before government groups concerned with research or creative scholarly activities; evidence of impact is advantageous.

(h) Membership on important professional expeditions or membership on healthcare teams that are involved in development projects; evidence of competitive selection processes is advantageous.

(i) Fellowships for research or practice related scholarly activities or selection for tours of duty at special institutes for advanced learning; evidence of a competitive selection process is advantageous.

(j) Documented development of public policy and/or community health programs.

(3) Service

Both the university and the college of pharmacy are charged with the responsibility of developing and carrying out a high-quality educational program. A crucial element of that responsibility is a service program responsive to the larger society that sustains the university and the college. The university and the college of pharmacy distinguish between routine performance and service that draws upon the breadth and depth of a faculty member's professional expertise and scholarship.

Service is a central mission of the university and its component colleges. A candidate's service may exist in three domains: academic, practice of pharmacy, professional/public. As a candidate achieves higher rank, his/her service should be impacting a broader network of students, trainees, colleagues, and disciplines. Faculty seeking promotion to the rank of associate professor should have a minimum of academic service at the pursuit level and one other service domain at the pursuit level. Faculty seeking promotion to the rank of professor should have a minimum of academic service at the acquisition level and one other service domain at the acquisition level.

(a) Academic service

(i) The standard

Academic service is oriented to the needs of the department, the college, and/or the university. All faculty, regardless of rank and academic appointment, have general academic service responsibilities which contribute to the success of the university's students and the profession of pharmacy throughout the university. At the dean's discretion, selected faculty carry formal administrative responsibilities as college administrators. Definition of these formal administrative responsibilities should be included in the promotion dossier, but evaluation of administrative performance is not included in the evaluation of service for promotion.

(ii) Documentation

Documentation of academic service effectiveness may include, but is not limited to, records, attestations, or evaluations in the following areas:

(a) Active, consistent, and reliable participation and leadership in department, college, and university committees, task forces or ad hoc advisory groups;

(b) Reliable representation of the department, college and/or university at local, state, national and international professional association meetings;

(d) Willingness to volunteer for unexpected teaching, practice, or service activities;

(e) Proactive problem identification and problem solving on behalf of the department, college, and/or university;

(f) Organization of department or college-wide professional service initiatives;

(g) Effective and diligent advising of students, student organizations, and/or fraternities;

(h) Effective peer teaching evaluation and mentoring;

(i) Active, consistent, and reliable attendance at faculty applicant interview seminars and participation in the professional activities of faculty and resident recruitment; and,

(j) Active participation in department, college, and/or university sponsored receptions and outings.

(b) Practice of pharmacy service

(i) The standard

The practice of pharmacy is service oriented to the needs of the profession and/or community. The practice of pharmacy includes pharmaceutical care provided to a candidate's patients, to larger patient populations, and contributions to the profession. This may include direct patient-centered interactions (e.g., primary care, patient counseling, etc.), practice management and/or administration. Pharmacy practice faculty may have pharmacy practice responsibilities as a routine workload assignment.

Faculty furnish leaders and groups with objective research results, as well as clinical and other resource information for decision making. They design and conduct feasibility studies, field test basic and applied knowledge, develop procedural and technical manuals, and provide group instruction on and off campus.

(ii) Documentation

Evidence of pharmacy practice proficiency may include, but is not limited to, the sources listed below. In joint endeavors, the evidence should specify the candidate's contributions.

(a) Certification and recertification by specialty boards;

(b) Completion of certificate programs (e.g., certified diabetes educator);

(d) Honors, awards, and special recognition for practice service activities;

(e) Objective evaluation of practice effectiveness and quality through outcomes documentation and analysis;

(f) Election to offices, committee activities, and important service to professional associations and learned societies, including editorial work and peer reviewing as related to pharmacy practice;

(g) Service on local and/or regional health-related board or committee;

(h) Evaluation of practice site responsibilities related to patient care, practice management and/or administration, and implementation and/or management of technology. Contributions in these areas must be associated with documented and measurable impact on patient care, site operations or workflow, and/or services provided at the site.

(i) The standard

Faculty have, as a basic job responsibility, the provision of professional/public service. Professional service activities are oriented to the professional policy needs of society; public service activities are oriented to public and professional needs of society. Faculty who provide professional/public service may have ongoing, direct contact with citizens and/or organizations in their practice and research areas, provide educational needs assessment, program development, training, consultation, and/or technical assistance in collaboration with local, state, national, and international leaders. Activities may also be involved with community service, volunteer opportunities or rule development.

(ii) Documentation

Evidence of the effectiveness of professional/public service contributions includes, but is not limited to, the following sources:

(a) Election to offices, committee activities and important service to professional associations and learned societies;

(b) Selection for special activities outside of the state or nation;

(d) Participation as an active reviewer for professional journals, textbooks, book chapters, poster abstracts, or other professional publications;

(e) Consultations, technical assistance and/or coordination activities on projects within professional associations and clinical sites;

(f) Service on a community board or committee;

(g) Involvement in community outreach programs aimed at improving health education/science;

(h) Volunteering at a community free or underserved medical clinic;

(i) Volunteering in the community, region, state, nation, or internationally

(j) Participation in university, college, or student community service projects (i.e. health fairs, fund raisers, etc.);

(k) Participation in humanitarian trips.

(H) Affiliated faculty - requirements and time in rank

(1) General

(a) Preceptor track

Individuals who are not university employees and contribute primarily to the experiential teaching program of the college. Pharmacists appointed at or promoted to this track have met all requirements to practice pharmacy. Exceptions may be made if recommended by the department chair and approved by the dean.

(b) Pharmacy education track

University employees outside of the college of pharmacy who contribute significantly to the teaching, scholarship and service missions of the college. Activities, in addition to teaching, may include development, implementation, administration, assessment and/or evaluation of core competencies, pedagogy, and curricular offerings. Substantial contributions in the area of research and scholarly activity are required at the rank of professor.

(c) Specific activities and weightings by track and rank level are described in paragraphs (H)(2) and (H)(3) of this rule, and are listed in the activities table, paragraph (H)(4) of this rule.

(d) Time in rank for affiliated faculty is the same as for salaried faculty, as described in paragraph (F)(3) of this rule.

(2) Preceptor track criteria by rank level

(a) Pharmacists

(i) Clinical instructor

(a) In training as resident or fellow and has met all requirements for and is appropriately licensed to practice pharmacy.

(b) Involved in educational activities that involve pharmacy students.

(ii) Clinical assistant professor

(a) Involved in educational activities that involve pharmacy students and/or residents.

(b) Experience in a mentoring and/or supervisory role is desired.

(iii) Clinical associate professor

(a) At least three hundred educational activity units in the college over the three most recent calendar years (two hundred seventy of the three hundred total units may be attained through experiential teaching).

(b) Experience in a mentoring and/or supervisory role is required.

(iv) Clinical professor

(a) At least four hundred fifty educational activity units in the college over the three most recent calendar years (three hundred sixty of the four hundred fifty total units may be attained through experiential teaching.)

(b) Demonstration of professional standing in organizations appropriate to the discipline.

(d) Written attestation by department chair documenting teaching excellence.

(b) Non-pharmacist healthcare professionals

(i) Clinical instructor

(a) Involved in educational activities that involve pharmacy students and/or residents.

(b) Experience in a mentoring and/or supervisory role is preferred.

(ii) Beyond the level of clinical instructor

The chair of the department in which appointment or promotion is sought must write a letter certifying that the professional's credentials and qualifications are appropriate for the academic rank.

(3) Pharmacy education track criteria by rank level

(a) Assistant professor

(i) Promise of intent in teaching, as well as service and scholarly activity.

(ii) Experience in a mentoring and/or supervisory role is desired.

(b) Associate professor

(i) At least three hundred teaching, service and scholarly activity units in the college over the three most recent calendar years. A minimum of sixty of the three hundred total units must be in the scholarly activity category.

(ii) Significant involvement in the education of pharmacy students and/or residents is required.

(iii) Experience in a mentoring and/or supervisory role is required.

(i) At least four hundred fifty teaching, service and scholarly activity units in the college over the three most recent calendar years. A minimum of one hundred fifty of the four hundred fifty total units must be in the scholarly activity category.

(ii) Significant involvement in the education of pharmacy students and/or residents is required.

(iii) Significant involvement and leadership in department and/or college committees.

(iv) National recognition in field of expertise, with a strong likelihood of maintaining such recognition.

(v) Experience in a mentoring and supervisory role is required.

(vi) Written attestation by department chair documenting teaching and scholarly excellence.

(4) Activities table - specific weightings for preceptor and pharmacy education track affiliated faculty

| Activity | Units | 3-year unit maximum | | --- | --- | --- | | Experiential pharmacy student and/or resident teaching | P1 preceptor - 5 units/student | 150 ¹ | | | P2 preceptor - 10 units/student | | | | P3 preceptor - 10 units/student | | | | P4 preceptor - 25 units / student month | | | | Resident preceptor 25 units / student month | | | Unstructured activities in pharmacy education (e.g. Curriculum planning or meetings; tutoring; review sessions; examination writing and review; collaborative work with other faculty on curriculum, assessment, instruction; assessment or observation of faculty teaching or precepting) | 1 per session ² | 150 | | Structured teaching on clinical campus (e.g., lecture, grand rounds, ce presentation) | 5 per session | 150 | | Structured teaching at rootstown campus | 10 per session | 150 | | Recipient of teaching excellence award at the clinical campus and/or rootstown setting | 10 per award | 60 | | Professional development advising team | 10 per year | 30 | | Course leadership (e.g. Course director, clerkship director, course committees, module director) | 15 per year | 45 | | Co-investigator of a funded educational grant | 15 per grant | 90 | | Recipient or co-recipient of a funded educational grant | 50 per grant | 150 | | Other teaching activities as approved by the department chair so long as they are not in conflict with the specific activities and weightings set forth herein | | 30 | | Service | | | | Membership on hospital health care provider, or health agency committees | 5 per committee per year | 30 | | Member of university or college committee | 10 per committee per year | 90 | | Service to or membership on boards of regional or national pharmacy, medical, scientific, or public health organizations | 10 per board per year | 60 | | Chair of university or college committee | 15 per committee per year | 90 | | Activities that promote the health of the community or profession of pharmacy | 5 per activity per year | 15 | | Other service activities as approved by the department chair so long as they are not in conflict with the specific activities and weightings set forth herein | | 30 | | Research and scholarly activity | | | | Contributing investigator in a clinical trial or study | 5 per study | 30 | | Co-investigator of a funded research grant | 15 per grant | 90 | | Principal investigator or co-principal investigator of a funded research grant | 50 per grant | 150 | | Grants reviewer at a national level | 25 per organization | 150 | | Journal reviewer for a refereed journal | 5 per article reviewed | 60 | | Case report in a refereed journal | 10 per publication | 30 | | Published letter to the editor in a refereed journal | 5 per letter | 30 | | Member of editorial board-peer reviewed journal | 10 per board per year | 60 | | Writing an invited editorial in refereed journal | 15 per editorial | 90 | | Original publication in refereed journal | 25 per publication | 150 | | Publication of a review article | 25 per publication | 150 | | Publication of a book chapter | 50 per publication | 150 | | Publication of a book | 75 per publication | 225 | | Invited visiting professor and/or guest lecturer outside own university | 10 per presentation | 60 | | Editor refereed journal | 20 per journal | 120 | | Assistant editor refereed journal | 15 per journal | 90 | | Presentation at regional meeting | 15 per presentation | 60 | | Presentation at national meeting | 30 per presentation | 120 | | Consultant to externally funded grant, medical or scientific organization or site or department review | 5 per consultation | 30 | | Member of national consensus panel ³ | 20 per panel | 120 | | Scholarly consultation | 10 per project | 90 | | Other research and scholarly activities as approved by the department chair so long as they are not in conflict with the specific activities and weightings set forth herein | | 30 |

1 Clinical Associate Professor = 270 units may be claimed; Clinical Professor = 360 units may be claimed.

2 "Session." A period during which a faculty member is engaged in teaching activities usually an hour in length unless otherwise specified by department policy. Multiple units are not awarded when more than one learner is present.

3 National Consensus Panel. A group of professionals sponsored by a national organization who are charged with examining issues and arriving at general agreement on policy, methodology, or other important courses of action.

(I) Procedures for processing appointments

(1) Search committee

(a) The department chair will recommend members of a search committee for an authorized open non-tenure-track position to the dean. The dean will appoint the committee which will be advisory to the chair.

(b) A duly constituted department search committee shall function as the evaluating body for a candidate who is recruited through an appropriate search process.

(c) The search committee shall forward its recommendation to the following, in sequence, for review and recommendation: department chair, dean, and president. The president will transmit the recommendation to the board of trustees for final action.

(d) The dean, with the support of the office of faculty affairs, will notify the candidate and the department chair of the action of the board of trustees.

(2) No search committee

(a) In the case where no search committee is involved, positive recommendation from the department chair will be forwarded to the college appointment and promotion committee and the dean, except those appointments which are solely within the purview of the dean.

(b) The office of faculty affairs shall forward the recommendation to the college appointment and promotion committee who shall review the material and provide their recommendation to the dean.

(c) The dean will make his/her own recommendation and forward it and the recommendation of the college appointment and promotion committee to the president for transmittal to the board of trustees for final action.

(d) The dean will notify the candidate and the department chair of the action of the board of trustees, through the support of the office of faculty affairs.

(3) Affiliated faculty

(a) The faculty candidate must submit a completed "appointment or promotion application for non-tenure-track faculty", to the department chair.

(b) The department chair shall forward applications to the dean for candidates requesting appointments that are solely within purview of the dean.

(c) The department chair shall review the applications and submit his/her own recommendation, along with other application materials, to the college appointment and promotion committee by way of the office of the faculty affairs.

(d) The college appointment and promotion committee shall review the materials and provide their written recommendation to the dean that includes the record of the vote.

(e) The dean shall review the recommendation and materials forwarded by the college appointment and promotion committee and forward his/her own written recommendation along with the recommendation from the college appointment and promotion committee to the president for transmittal to the board of trustees for final action.

(f) The dean shall notify the candidate and the department chair of the action of the board of trustees, through the office of faculty affairs.

(J) Procedures for processing promotion

(1) Salaried faculty

(a) By June first:

(i) The candidate must notify the department chair of intent to apply for promotion. In the case of a department chair seeking promotion, notification will go to the dean.

(ii) The candidate must submit a list of suggested external evaluators to the department chair, for promotion to full professor only. In the case of a department chair or associate dean seeking promotion, the list of evaluators will go to the dean.

(a) External evaluators should be members of academia at or above the rank the candidate is seeking. Ideally, they are individuals in similar practice and/or research areas, and in similar administrative positions in the case of faculty administrators who seek promotion in rank.

(b) At least one of the suggested evaluators should be completely independent: individuals with whom the candidate has not had a working relationship as a colleague or collaborator over the past five years, or as a trainee or student over the past ten years.

(b) By June fifteenth:

A list of external evaluators will be identified by the candidate's department chair and shared with the candidate. This list may or may not include evaluators from the candidate's list.

(i) Candidate will review the list of evaluators and provide reasons in writing within five working days why any of the proposed evaluators should not be contacted.

(ii) The department chair, in consultation with the dean, will determine whether the challenge will be up-held and the evaluator removed from the list.

(iii) If an outside evaluator is removed from the list, another may be added and the same right to challenge will apply.

(d) By July first:

(i) The candidate shall submit one complete and verified copy of his/her promotion dossier to his/her department chair.

(ii) The candidate may personally solicit and submit with his/her promotion dossier additional letters of support (in addition to external evaluations solicited by the chair) but such letters will generally have less impact.

(iii) The department chair may choose to use electronic means for distribution of materials associated with this process.

(e) By July fifteenth, the department chair will:

(i) Determine the interest and willingness of the external evaluators to serve in this capacity and seek other evaluators if one or more decline.

(ii) Prepare packages containing:

(a) The candidate's promotion dossier;

(b) The university and college criteria for promotion; and

(c) A cover letter requesting an evaluation of the candidate's achievements, as compared to the aforementioned criteria, to be received by August fifteenth.

(iii) Request the candidate to:

(a) Verify that the package is accurate and complete and

(b) Sign a document waiving access to the external evaluators' evaluations.

(iv) Transmit all materials to the external evaluator, using electronic means if preferred.

(f) By September first:

(i) A candidate may withdraw their application for any reason on or before this date. Voluntary withdrawal cannot occur thereafter.

(ii) The department chair will submit an electronic copy of the candidate's promotion dossier and the letters received from external evaluators to the college appointment and promotion committee.

(g) By November first, the department chair shall:

(i) Review the promotion dossier and the external evaluator evaluations.

(ii) Submit to the college appointment and promotion committee chair by way of the office of faculty affairs: a written letter of recommendation, the promotion dossier, and all letters received from external evaluators.

(h) By December first:

The college appointment and promotion committee chair will forward a written document to the dean that includes the committee's recommendation, reasons therefore, and record of the vote by way of the office of faculty affairs. All other materials (promotion dossier, letter from the chair, letters from external evaluators) will also be forwarded to the dean.

(i) By December fifteenth, the dean will:

(i) Review the materials forwarded by the college appointment and promotion committee; and

(ii) Notify the candidate in writing of the following, through the assistance of the office of faculty affairs:

(a) His/her own recommendation and reasons therefore;

(b) The college appointment and promotion committee's recommendation; and,

(j) Appeal by the candidate

(i) By January first:

The candidate must notify the dean in writing of the intent to appeal or the right is waived. The appeal will be scheduled in January.

(ii) By February first:

(a) The dean may hear the appeal him/herself or may appoint a three-member appeal committee of salaried faculty to consider the matter.

(b) If appointed, the appeal committee will elect its own chair and will decide by a majority vote whether or not to recommend upholding the recommendation of the dean. A written report of the committee's deliberations and recommendation will be provided to the dean.

(d) The dean will notify the candidate and the department chair in writing of his/her recommendation related to the appeal.

(k) By February first:

The dean will transmit all reports with his/her positive recommendations to the president.

(l) By February fifteenth:

The president will make the final decision and will forward positive recommendations for promotion to the board of trustees at its next meeting.

(m) Following board of trustees' approval:

(i) The president will notify the dean those candidates who have been approved for the award of promotion.

(ii) The dean shall notify the candidate and the department chair of the outcome of the board of trustees' action, through the office of faculty affairs.

(2) Affiliated faculty

(a) By September first:

(i) The candidate will submit a completed "appointment or promotion application for non-tenure track faculty" to his/her department chair.

(ii) The department chair will submit the completed application to the college appointment and promotion committee.

(b) By October first:

The college appointment and promotion committee will return the promotion application to the department chair along with a written document that includes the committee's recommendation, reasons therefore, and record of the vote.

(i) Review the recommendation from the college appointment and promotion committee and the completed promotion application.

(ii) Submit his/her own written letter of recommendation to the dean.

(d) By February first:

The dean will transmit all reports with his/her positive recommendations to the president.

(e) By February fifteenth:

The president will make the final decision and will forward positive recommendations for promotion to the board of trustees at its next meeting.

(f) Following board of trustees approval:

(i) The president will notify the respective college dean those candidates who have been approved for the award of promotion.

(ii) The dean shall notify the candidate and the department chair of the outcome of the board of trustees' action, through the office of faculty affairs.

(3) Joint promotions

(a) An application for joint promotion will always be initiated through the faculty member's primary department. Request for promotion to the secondary department will be initiated by the chair of the primary department.

(b) Promotion at equivalent rank for the secondary appointment is not automatic but depends on a positive recommendation from the chair of that department.

(K) Performance evaluations and procedures for processing reappointments and non-reappointments

(1) Salaried faculty

The performance of salaried faculty (those with full and part-time appointment types, as defined in Paragraph (K)(1) of this rule,) will be evaluated at least annually by the department chair or the chair's designee as appropriate using the university "faculty performance plan and evaluation" form. The evaluation will provide for constructive feedback to the faculty member.

(2) Affiliated faculty

(a) Affiliated faculty will be evaluated at least once every three years or more often at the discretion of the department chair.

(b) Evaluations will be conducted by the department chair or the chair's designee, as appropriate by:

(i) Requesting an activity report from the faculty member concerning college related activities; and

(ii) Reviewing the activity report using the initial appointment and promotion criteria as a guideline.

(i) A faculty member who disagrees with an intention to recommend non-reappointment may request a meeting with the department chair within five business days of delivery of notification to determine if the matter can be resolved prior to notification of the dean.

(ii) After the meeting, the department chair will notify the faculty member and the dean of the final recommendation.

(iii) The department chair will forward recommendations concerning non-reappointments to the dean by March fifteenth.

(d) The dean's positive recommendations will be forwarded to the president by April fifteenth for transmittal to the board of trustees for final action.

(e) In the event of non-reappointment, the final date of appointment will be June thirtieth of the same year.

Last updated September 27, 2024 at 9:27 AM

History

Effective: June 11, 2020
Promulgated Under: 111.15

Ohio Adm.Code 3349-3-71

(A) Purpose

To establish the name, membership, manner of membership selection and appointment; and to delineate the authority of the standing committees of the college of pharmacy.

(B) Definitions

(1) "Accreditation council for pharmacy education or ACPE." The accreditation council for pharmacy education is the accrediting body of the college of pharmacy.

(2) "Affiliated faculty." Faculty who do not meet the criteria established for core faculty. These faculty have roles that are generally limited to formal and informal teaching on a periodic basis. These faculty may or may not receive modest honoraria for their teaching contributions.

(3) "College." A college is a collective body of faculty who prescribe and conduct a course of study leading to the award of a degree or degrees. Herein, the college of pharmacy shall be "COP."

(4) "Core faculty." Core faculty are tenured, tenure track, and non-tenure track faculty who make a substantive contribution to the college and receive salary support from the college. The dean of the college has the discretion to designate other faculty as core faculty to promote the purposes of the college.

(5) "Dean." The dean is the chief academic and presiding officer of each of the respective colleges of the university. The authority and responsibilities of the deans are further defined in paragraph (E)(1)(4) of rule 3349-3-01 of the Administrative Code.

(6) "Ex-officio members." These committee members will serve to advise and support the committee but do not vote.

(7) "Faculty standing committees." The faculty standing committees are appointed to represent the college faculty in interests related to the mission, role, and functions of the college. These committees shall develop policy and provide recommendations to the faculty for governance of the areas of academic business set forth herein. This appendix sets forth the purpose, composition, and other matters concerning admissions, the committee on academic and professional progress (including executive review), curriculum, outcomes assessment, pharmacy executive committee, student and faculty awards, and nontenure track faculty appointment and promotions committees. The charge, composition, and other matters governing university tenure and promotions committees are set forth in separate appendices to the bylaws.

(8) "Pharmacy executive committee." The pharmacy executive committee is a committee composed of the dean of pharmacy, associate deans, department chairs, and a COP representative, selected by the faculty that sets policy and determines overall strategic direction for the COP.

(1) Name, function, and charges

The names, functions, and standing charges of the standing committees may be altered from time to time upon recommendation of the dean or the pharmacy executive committee, and a majority vote of the voting college core faculty.

Project charges should be sent to the standing committee chair/vice chair by August first. If adjustments need to be made based on the previous year's end-of-year report.

These modified charges should be sent to the standing committee chair/vice chair by September first.

(2) Subcommittees

The standing committees may develop such subcommittees as are necessary to conduct their business. Such subcommittees may include people other than standing committee members.

(3) Reporting

(a) All standing committees are advisory to the dean. Standing committees shall submit recommendations for substantive policy changes to the dean who will consult with the pharmacy executive committee.

(b) Standing committees shall submit a cumulative written report of its activities each academic year to the dean who will make the report available to the pharmacy executive committee for review or sooner if requested. Select committees listed in this paragraph will make regular reports to the college core faculty at each meeting, or at least quarterly.

(i) Admissions

(ii) Curriculum

(iii) Outcomes assessment

(iv) Pharmacy executive committee

(v) Student and faculty awards

(4) Meetings

(a) Meetings will be held at a time and manner that will promote participation.

(b) These meetings may be held either in person or via video conference and teleconference or by any other modality that will allow all the members to hear each other and participate at the same time.

(c) Any member may request that he/she be allowed to participate via electronic means. The committee chair will take reasonable measures to accommodate such requests.

(d) When meeting via electronic means, a member who wants to speak should identify him/herself.

(e) The college standing committees shall use Robert's rules of order newly revised to facilitate their meetings unless it conflicts with the bylaws.

(5) Voting

(a) Usually voting will take place at the meeting, whether the meeting is held in person or by electronic means. Voice votes are most common; however, written ballots may be used when requested.

(b) Votes may also be taken by mail or by email when a full vote of the membership is desired. The committee chair shall determine who has the right to vote and will send ballots only to those people who are voting members. Votes will be made by each committee member with the vice chair and the chair voting as the last two voting members of the committee. A majority vote is constituted by at least fifty-one per cent of the attending, voting members.

(6) Minutes

Minutes of the curriculum and outcomes assessment standing committees shall be kept as a to record of the actions of these committees for accreditation purposes. Minutes of all other standing committees are at the discretion of the committee.

(7) Nominations

(a) Faculty:

(i) By May first, the office of the dean shall notify all constituencies in writing of expiring terms of the committee members of the standing committees of the COP to solicit nominations for consideration. Self-nominations are encouraged and accepted and should be submitted to the COP department chairs. By June first, the department chairs will submit potential committee member candidates to the dean of the COP who appoints members of the standing committees after consultation with the pharmacy executive committee.

(ii) All committee members will be notified of their appointment, reappointment, or expiring terms by July first.

(iii) If a committee member should vacates their committee membership position during the committee appointment term, the respective department chair shall notify the office of the dean. If the standing committee's chair is aware of such a situation, they should notify the respective department chair. A call for nominations would go out to potential candidates. Self-nominations are encouraged and accepted and should be submitted to the respective COP department chair. New appointments shall be completed within two months.

(b) Student:

(i) Student nominations are different depending on the committee's responsibilities and the need for varying term lengths based on the committee's organization and workflow. The student nomination and selection process for each of the specific committees is listed below.

(a) Admissions committee: a call for nominations will go out to first-year pharmacy students at the college by April fifteenth. Students interested in serving on the admissions committee should complete the student nominations application per the NEOMED office of student services within two weeks of the call for applications. These completed applications will be given to the pharmacy executive committee by May first for selection and appointment. Students will be notified of their appointment by July first.

(b) Committee of academic and professional progress (CAPP): a call for nominations will go out to second-year pharmacy students at the college by April fifteenth to be members of the student conduct council. Students desiring to be a part of the student conduct council should complete the student nominations application per the NEOMED office of student services within two weeks of the call for applications. Two students will be chosen to be members of the student conduct council by an election in which second-year pharmacy students may vote. Students will be notified of their appointment to the student conduct council and then CAPP by July first.

(c) Curriculum outcomes assessment committee: a call for nominations for the student curriculum council will be sent to first year pharmacy students by October first. Students interested in serving on the student curriculum council should complete the student nominations application per the NEOMED office of student services within two weeks of the call for applications. Two students will be chosen to be members of the student curriculum council by an election in which first-year pharmacy students may vote. One of these students will be assigned to the outcomes assessment committee while the other student will be assigned to the curriculum committee. These two students will be notified of their appointment to the student curriculum council and either the outcomes assessment committee or curriculum committee by December first.

(d) Student and faculty awards committee: a call for nominations will go out to the first-year pharmacy students at the college by October first. A call for nominations will go out to the second-year pharmacy students at the college by April fifteenth. A call for nominations will also go out to faculty at the same time. Students nominated by faculty members should be contacted by the college to determine their willingness to be considered for the committee. Students interested in serving on the committee should complete the student nominations application per the NEOMED COP dean's office within two weeks of the call for applications. Student applications will be sent to the respective standing committee by November first for first-year students and May first for second-year students for committee selection by December first for first-year students and June first for second-year students. First-year students will be notified by December fifteenth and second-year students will be notified by July first of their appointment.

(ii) Committee chairs with student members should be notified at the same time as student members are notified of their appointment to the committee.

(iii) If a student is unable to fulfill their term on a given committee, the COP office of student success or the COP dean's office per the initial student nomination process should be notified and an immediate call for nominations should be made to the students based on the criteria for the committee's appointment needs (i.e., year in the doctor of pharmacy curriculum). New appointments shall be completed within two months.

(8) Membership

(a) Per the faculty bylaws, a committee is a body to which trust is committed. A committee is delegated responsibility to consider, to investigate, to take action on, or to report on important faculty matters.

(b) The membership of all committees shall reflect a cross-section of the college unless otherwise required by accrediting standards and guidelines or other governing law or regulation. Unless otherwise noted for a specific committee, each standing committee will have a chair and vice-chair appointed by the dean. These two leadership positions should represent both the department of pharmaceutical sciences and the department of pharmacy practice.

(c) Terms of appointment for faculty are normally three years beginning July first unless otherwise specified. Terms of appointment for student members vary depending on the standing committee to which the student is appointed.

(i) Admissions committee: student terms are normally two years beginning July first unless otherwise specified.

(ii) Committee on academic and professional progress (CAPP): student terms are normally two years beginning July first unless otherwise specified.

(iii) Outcomes assessment and curriculum committees: appointments for first year pharmacy students are usually made in December, with service extending through their fourth professional year.

(d) Following the restructuring of a committee's composition, terms may be initially staggered to provide continuity.

(e) Terms on a given committee are not limited to a set number of terms. Faculty members should discuss the need or desire to rotate off a current committee with their respective department chair.

(f) Members shall attend a minimum of eighty per cent of the regularly scheduled meetings of the committee. A member may be replaced prior to the completion of a term upon the request of the committee chair, with approval by the dean, when the member has failed to meet the attendance requirements.

(9) Notification

The COP dean shall appoint and reappoint all members. The COP dean's office will notify members in writing of committee appointments, reappointments, and removals by July first of each academic year unless a member is replacing a previous member mid-term.

(10) Quorum

A quorum for standing committee meetings consists of a majority of voting members present, whether attending in person or electronically, unless otherwise specified in the bylaws.

(11) Guests/expert consultants

Chairs of the standing committees may invite guests/expert consultants from another department, the university, or outside of the university to a committee meeting to provide specific insight and input into a committee's discussion to promote the purposes and goals of the committee. Guests/expert consultants are not members of these committees and do not have voting rights for these committees. They only serve to provide information as requested. Guests/expert consultants should be excused during private discussions of the standing committee and the voting process.

(D) Committee purpose and membership

(1) Admissions committee

The purpose of the COP admissions committee is twofold: to oversee the admissions process by setting guidelines for the selection of the college's students in accordance with all applicable requirements and standards on selection, the university board of trustees' admissions rule, and other rules promulgated by the university or college; and to ensure that the faculty has final responsibility for the selection of their respective students in order to make individual candidate recommendations to the dean.

(a) All voting non-student admissions committee members must be actively involved in the teaching or advising of COP students.

(b) Membership totals nine voting, two alternates, and three ex-officio, non-voting members:

(i) Three pharmaceutical sciences core faculty (voting);

(ii) Three pharmacy practice core faculty (voting);

(iii) Two second-year pharmacy students (non-voting unless due to an absence of a third-year pharmacy student member);

(iv) Two third-year pharmacy students (voting);

(v) One affiliated faculty who precepts COP students (voting);

(vi) Representative of the COP office of student success (ex-officio without vote); and

(vii) Director from the office of admissions and financial aid or their designee (ex-officio without vote).

(2) Cop committee on academic and professional progress (COP CAPP)

The COP committee on academic and professional progress (COP CAPP) reviews the records of students based on CAPP academic guidelines to evaluate academic performance, assess intellectual readiness, and review unprofessional behavior concerns. COP CAPP enforces specific guidelines for academic advancement, while also providing due process and an individual review of each student's situation based on CAPP academic guidelines. All COP CAPP meetings are private, and all material presented and discussed is confidential. Students may be required to attend COP CAPP meetings. Each student is considered individually, on a case-by-case basis and the student's entire record is evaluated. All committee deliberations and decisions will consider maintaining the quality of health education and the safety of the community.

(a) Decisions made by COP CAPP are recommendations to the dean and must be approved before decisions are released to students. The dean reserves the authority to approve, modify, or remand the decision back to the COP CAPP for additional review of a specific matter. The student will receive written notification of the committee's decision. Students who were dismissed by COP CAPP may appeal that decision to the CAPP executive review committee in accordance with the procedures and criteria set forth in the compass. Appeals will be heard by the CAPP executive review committee assembled at the time of the appeal, consistent with the voting and non-voting membership established in the compass.

(b) The membership totals six voting, one alternate, and three ex-officio, non-voting members:

(i) At least five core faculty members from the college. A minimum of two of the five will be from the department of pharmaceutical sciences and a minimum of two of the five will be from the department of pharmacy practice (voting);

(ii) One fourth-year pharmacy student (voting);

(iii) One third-year pharmacy student (non-voting unless there is an absence of the fourth-year pharmacy student member);

(iv) COP office of student success representative (ex-officio, non-voting, student advocate);

(v) CAPP administrative support personnel (ex-officio, non-voting);

(vi) University registrar (ex-officio, non-voting); and

(vii) To ensure quorum, a former member of the COP CAPP may be invited to attend the meeting and participate as a voting member (voting).

(3) Curriculum committee

The COP curriculum committee (CC) has decision-making and policy-making authority and is responsible for the administration of the curriculum.

(a) The CC will communicate curriculum changes to the students and faculty, in accordance with ACPE standards and guidelines.

(b) Membership totals seven voting, one alternate, and thirteen ex-officio, non-voting:

(i) Three pharmaceutical sciences core faculty (voting);

(ii) Three pharmacy practice core faculty (voting);

(iii) One first-year pharmacy student representative, student curriculum council (ex-officio, non-voting);

(iv) One second-year pharmacy student representative, student curriculum council (non-voting unless due to an absence of the third-year pharmacy student member);

(v) One third-year pharmacy student representative, student curriculum council (voting);

(vi) One fourth-year pharmacy student representative, student curriculum council (ex-officio, non-voting);

(vii) One pharmacy affiliated faculty member (ex-officio, non-voting);

(viii) Director of experiential education (ex-officio, non-voting);

(ix) Vice dean or their designee (ex-officio, non-voting);

(x) Director of curriculum or their designee (ex-officio, non-voting);

(xi) Representative from the office of the registrar (ex-officio, non-voting);

(xii) Representative, COP office of assessment (ex-officio, non-voting);

(xiii) One curriculum coordinator, office of education (ex-officio, non-voting);

(xiv) Assistant director, COP (ex-officio, non-voting);

(xv) Assistant director for the learning center (ex-officio, non-voting);

(xvi) Chair or designee, outcomes assessment committee (ex-officio, non-voting); and

(xvii) Director of pharmacotherapy (ex-officio, non-voting).

(4) Outcomes assessment committee

The outcomes assessment committee (OAC) has decision-making and policy-making authority and is responsible for the evaluation of the curriculum.

(a) The OAC will communicate to the students and faculty changes regarding assessment, in accordance with ACPE standards and guidelines.

(b) Membership totals six voting, four alternates, and eight ex-officio, non-voting:

(i) Two or three pharmaceutical sciences core faculty (two votes );

(ii) Two or three pharmacy practice core faculty (two votes );

(iii) One first-year pharmacy student representative, student curriculum council (ex-officio, non-voting );

(iv) One second-year pharmacy student representative, student curriculum council (voting);

(v) One third-year pharmacy student representative, student curriculum council (voting);

(vi) One fourth-year pharmacy student representative, student curriculum council (non-voting unless there is an absence of one of the other pharmacy student members);

(vii) One pharmacy affiliated faculty member (non-voting, ex-officio);

(viii) Vice dean or their designee (ex-officio, non-voting);

(ix) Director of curriculum or their designee (ex-officio, non-voting);

(x) Director of experiential education or their designee (ex-officio, non-voting);

(xi) Cop office of assessment representative (ex-officio, non-voting);

(xii) Chair or designee, curriculum committee (ex-officio, non-voting);

(xiii) Director, office of institutional research and assessment or their designee (ex-officio, non-voting); and

(xiv) Assistant director, learning center, office of student services or their designee (ex-officio, non-voting).

(5) Pharmacy executive committee

The purpose of the pharmacy executive committee (PEC) is to set policy and strategy for the overall COP; assist in the rational allocation of resources; provide recommendations for COP committees, task forces, and groups; provide input concerning university issues of importance; assist in other matters of strategic and tactical importance to the COP. All matters will be executed in conjunction with the dean.

(a) Terms of membership will be ongoing and aligned with the member's role as a COP leader, of the college dean. Faculty representative will serve a three-year term.

(b) From time to time the membership of PEC may be modified to assure appropriate input and breadth of experience.

(i) Vice dean;

(ii) Chair, department of pharmaceutical sciences;

(iii) Chair, department of pharmacy practice;

(iv) Core faculty representative, as elected by the core faculty council who is responsible for preparing agenda items suggested by the faculty;

(v) Associate dean, student success and community pharmacy transformation;

(vi) Assistant dean of admissions, COP;

(vii) Director of experiential education;

(viii) Chair, COP administrative team;

(ix) Dean, COP who serves as chair; and

(x) Other individuals as designated by the dean.

(6) Student and faculty awards committee

The student and faculty awards committee is responsible for establishing criteria for student and faculty awards presented by the college.

(a) Membership totals nine voting and six ex-officio without vote:

(i) Two pharmaceutical sciences core faculty (voting);

(ii) Two pharmacy practice core faculty (voting);

(iii) One affiliated faculty member precepting NEOMED students (voting);

(iv) One first-year pharmacy student representative (voting);

(v) One second-year pharmacy student representative (voting);

(vi) One third-year pharmacy student representative (voting);

(vii) One fourth-year pharmacy student representative (voting);

(viii) Dean of students, academic affairs and student services (ex-officio non-voting);

(ix) Associate dean, student success and community pharmacy transformation(ex-officio, non-voting);

(x) Director of financial aid or their representative (ex-officio, non-voting);

(xi) Director of office experiential education (ex-officio, non-voting).

(7) Non-tenure track appointments and promotions committee

The non-tenure track appointments and promotions committee is a standing committee of the college and is responsible for evaluating materials for faculty appointment, mid-point review, and/or promotion using the criteria for appointment or promotion as provided in the NEOMED faculty bylaws COP appendix a, "procedures for appointment, promotion, reappointment, and evaluation of non-tenure track faculty." The committee is advisory to the dean of the COP.

The committee consists of six voting core faculty members who hold the rank of associate professor or professor and one ex-officio, non-voting member. Membership comprises:

(a) Four pharmacy practice core faculty (one which will be appointed by the dean as chair and another as vice chair);

(b) Two pharmaceutical sciences core faculty; and

Last updated August 17, 2026 at 10:13 AM

History

Effective: August 15, 2026
Promulgated Under: 111.15

Ohio Adm.Code 3349-3-26 COGS Procedures for the appointment, reappointment, and leaves of absence of faculty (Appendix A).

(A) Purpose

This rule of the university faculty bylaws sets forth the criteria and process for the appointment, promotion, evaluation, and reappointment of non-tenure track faculty in the college of graduate studies (COGS). This rule of the bylaws (bylaws) is designed to cultivate a diverse body of outstanding faculty that are engaged in graduate education. These bylaws define faculty ranks and status levels in COGS; eligibility for faculty appointment and promotion; the process for fair and orderly consideration of appointments, promotions, and reappointments; and mechanisms for the assurance of due process and good faith resolution of conflicts arising out of this rule.

(B) Scope

This rule applies to the appointment, promotion, reappointment, and leaves of absence for the non-tenure track faculty in COGS.

(1) "Adjunct." Adjunct faculty are those faculty who hold a primary faculty or professional appointment at an institution other than NEOMED, intend to contribute to graduate education through course instruction, or have been sought out to serve on a graduate student's thesis committee based on his or her expertise.

(2) "Dossier." A file containing the faculty member's documents submitted for consideration for promotion.

(3) "Full-time faculty appointment" or "full-time appointment." Full-time faculty are faculty who are so designated by the college or the university.

(4) "Joint faculty appointment" or "joint appointment." Non-tenure track appointment that is awarded to faculty for whom a portion of their salary is funded by COGS and who hold a faculty appointment in another college of the university.

(5) "Letter of offer." The letter of offer is a document initiated by the college and sets forth the conditions of employment. Any previous experience to be counted toward a faculty member's time in rank may be negotiated prior to appointment and will be documented in the letter of appointment. Any modifications to the letter must be in writing and agreed to by both parties. The letter of offer does not constitute a contract with university.

(6) "Limited faculty appointment" or "limited appointment." Appointments for faculty whose academic contributions to the college are limited in time or scope and carry the prefix "research" or "visiting."

(7) "Notice of non-reappointment." Notice of non-reappointment is a written notification by the dean that the college intends to terminate a faculty member's appointment at a specified time.

(8) "Non-tenure track appointment." A non-tenure track appointment is a faculty appointment that does not include the eligibility to apply for tenure.

(9) "Part-time faculty appointment" or "part-time appointment." Faculty who receive regular supplemental payment from the college of graduate studies and whose full time equivalent to the college is less than one hundred per cent.

(10) "Time in rank." Time in rank refers to the minimum requirements that a faculty member with rank must meet before being considered for promotion to the next rank. Time in rank is calculated separately at each rank but may be compounded with an aggregate review of the applicant's dossier.

(11) "Program director." Program directors are responsible for the oversight of all aspects of a graduate program. The role must demonstrate a strong commitment to education. Program directors are appointed by the dean of the COGS and serve as the primary point of contact for academic matters concerning a graduate program.

(D) Academic appointments with graduate faculty rank

(1) The following academic ranks have been established for non-tenure track faculty who are appointed within COGS:

(a) Professor;

(b) Associate professor;

(d) Instructor.

(2) Designation of academic title

Academic titles include the academic rank and specialty or discipline designation. Academic rank shall not include other qualifiers except as indicated for limited and joint appointments and titles of distinction.

(3) Limited appointments

The following appointments may be awarded to persons whose academic contributions to the college are limited in time or scope. For persons holding rank at another accredited university, the rank awarded will usually be consistent with the rank held at the primary university.

(a) Research appointments are for persons whose contributions to the college are primarily investigational. The prefix "research" is added to the rank.

(b) Visiting appointments are for persons from other universities who are temporarily involved in the programs of the college of graduate studies. The prefix "visiting" is added to the rank.

(4) Joint appointments

(a) These appointments may be awarded to individuals whose salaries are funded in part by COGS and who hold a faculty appointment in another college of the university. The college that supports the larger percentage of the faculty FTE will be considered the college of primary appointment.

(b) Joint appointments may be made only when a faculty member actively participates in the teaching or research of one or more colleges within the university to a significant degree and when such teaching or research is expected to be of long duration.

(c) Such appointments require the recommendation of the dean where the secondary appointment is sought and the concurrence of the dean where the primary appointment is held or sought. These appointments will be processed in accordance with the procedures outlined herein.

(d) The appointment will ordinarily be at the same rank as the appointment held in the primary college.

(e) An application for promotion will always be initiated through the faculty member's primary college in accordance with the procedures for that college.

(f) The equivalent promotion for the secondary appointment is not automatic but is predicated upon the positive recommendation of the college in accordance with the procedures for that college.

(g) Funding arrangements for joint appointments will be determined by the dean of COGS in collaboration with the other source of funding.

(5) Appointments solely within the purview of the dean

Recommendations for appointment in the following categories are typically reviewed and approved solely by the dean but may, at his or her discretion, be forwarded to the COGS appointments and promotions committee.

(a) Visiting appointments, if the recommended rank is consistent with the individual's qualifications or appointment at another accredited university; and

(b) Research appointments, if the recommended rank is consistent with the appointment an individual holds at another accredited university.

(E) Academic appointments with graduate faculty status

(1) Graduate faculty status

Graduate faculty status may be granted to a NEOMED faculty member whose primary faculty appointment is in another college of the university, and who does not hold a secondary faculty appointment within the COGS. These faculty will have an earned terminal degree or its equivalent in a professional field or specialty and have demonstrated scholarship within the candidate's field of expertise.

(2) Adjunct graduate faculty status

Adjunct graduate faculty are those faculty who hold a primary faculty appointment at an institution other than NEOMED, intend to contribute to graduate education through course instruction, or have been sought out to serve on a graduate student's thesis committee based on his or her expertise.

(3) Academic appointments with graduate faculty status are subject to periodic review for reappointment and non-reappointment, per paragraph (K) of this rule.

(4) Graduate faculty status levels

Graduate faculty are designated within three levels as defined in this paragraph and adjunct graduate faculty are designated within two levels, defined in this paragraph.

(a) The assignment of status level i, ii or iii to graduate faculty should be discussed with the program director or the dean/vice dean prior to applying. The level assignment is approved by the graduate faculty council with final approval by the dean of COGS.

(b) Activities and criteria for level i designation

Graduate faculty with level i designation must have earned a graduate or professional degree equal to or higher than the degree program in which they are teaching. They may be involved in any of the following activities:

(i) Teach graduate coursework;

(ii) Serve on a master's thesis committee;

(iii) Oversee student scholarly work (e.g., a capstone project).

(i) Graduate faculty with level ii designation may engage in any of the following activities:

(a) Teach graduate coursework;

(b) Oversee student scholarly work (e.g., capstone project);

(d) Serve on a dissertation committee; and/or

(e) Co-direct a doctoral dissertation with an advisor.

(ii) Graduate faculty with level ii designation must meet the following criteria:

(a) Have prior experience in graduate education;

(b) Demonstrate creativity and competence in an appropriate field of research and scholarship via peer-reviewed publication; and

(d) Activities and criteria for level three designation (adjunct graduate faculty are ineligible for level three designation)

(i) Graduate faculty with level iii designation may engage in the following activities:

(a) Direct a doctoral dissertation; or

(b) Participate in level i and/or level two activities.

(ii) Graduate faculty with level three designation must meet the following criteria:

(a) Have prior service experience on a doctoral dissertation committee;

(b) Hold a primary faculty appointment in the NEOMED tenure track (i.e., tenured or on track); and

(F) Titles of distinction

(1) Distinguished

(a) The title "distinguished" is a non-salaried designation of distinction conferred by the board of trustees upon an individual who has contributed significantly to the mission of the college. Distinguished titles may also be conferred upon individuals known nationally or internationally who have made significant contributions to his/her discipline. This title will be awarded in accordance with paragraph (N) of 3349-3-1 of the Administrative Code.

(b) The rank conferred would be preceded by the title "distinguished."

(c) Recommendations for the award of distinguished status may originate with the program director, dean, or the president.

(d) If the president concurs with the recommendation, it will be forwarded to the board of trustees for consideration.

(2) Emeritus

(a) The emeritus status policy of the board of trustees is reproduced here for informational purposes. This policy may only be amended by an action of the board of trustees.

(b) "Emeritus" status recognizes university faculty and professional senior administrative staff who have provided meritorious service to the university and have retired. The university recognizes the potential of emeritus faculty and senior administrators as a continuing valuable resource and is committed to fostering an active ongoing relationship with them through an extended academic appointment.

(c) A candidate for emeritus status will have demonstrated leadership and wisdom, will have given dedicated and distinguished service to the university for a minimum of ten years and, for faculty, have attained the rank of associate professor. Exceptions to the ten years and associate professor requirements can be made by the dean, president, or chair of the board of trustees for an individual who has made an outstanding contribution to the university during a briefer period of service or holds a rank below associate professor.

(d) Where possible, an emeritus faculty member would continue to contribute to the university community as appropriate.

(e) Procedures for nomination and selection

(i) Recognizing the significance of the designation of emeritus, the award of emeritus status will be limited in number.

(ii) A candidate may be nominated by his/her program director, dean, president or chair of the board of trustees.

(a) Faculty are nominated by the program director after discussion with the dean. The dean must approve faculty nominations.

(b) A program director or vice dean will be nominated by the dean.

(d) The president will be nominated by the board of trustees chair.

(iii) Except in the case of a board of trustees' nomination, the nominator must submit a current CV for the nominee and a letter of recommendation supporting:

(a) The nominee's qualifications in meeting the minimum criteria; and

(b) Three supporting letters of reference from other constituents, obtained by the nominator.

(iv) Completed nomination packets (including any and all letters, even of the advisory committee should one be established) should be forwarded to the office of the vice president for academic affairs (VPAA).

(v) The VPAA will confirm that the materials are complete and will present the materials to the president on behalf of the nominator.

(vi) The dean may choose to interview the faculty candidates and must approve faculty candidates before submission.

(vii) The designation of emeritus status is recommended by the president or board chair and awarded by formal resolution of the board of trustees.

(viii) The candidate will be notified of the board of trustees' approval and will be provided a copy of the board of trustees' resolution.

(f) Rights, responsibilities and privileges

(i) Individuals with emeritus status are expected to comply with all the policies, regulations and rules as stated in the appropriate university handbooks.

(ii) Contact the office of the VPAA for a complete listing of all rights, responsibilities and privileges.

(3) Honorary

(a) The title "honorary" is a non-salaried designation of distinction conferred by the board of trustees upon an individual who has contributed significantly to the mission of the college. Honorary titles may also be conferred upon individuals known nationally or internationally who have made significant contributions to his/her discipline.

(b) The rank conferred would be preceded by the title "honorary."

(d) If the president concurs with the recommendation, it will be forwarded to the board of trustees for consideration.

(4) Utilization of college resources by a faculty member holding a title of distinction will be individually determined by the dean.

(G) Basic principles for appointment, promotion and reappointment

(1) Appointment

(a) Appointment to the faculty is a privilege, not a right. Initial appointment is primarily based upon past performance with an expectation of continued contribution.

(b) The candidate has the right to a full, impartial and confidential review of the credentials submitted.

(c) Faculty with appointments in the COGS are expected to contribute to the teaching, scholarship, and/or service programs of the college in a manner consistent with the mission of the college and university and in accordance with the faculty member's letter of offer.

(d) Considerations may include:

(i) Possession of a terminal degree appropriate for the field of study or exceptions as justified by the dean;

(ii) Expertise in an appropriate academic field and evidence of dedication to continuing advancement of this field of knowledge;

(iii) Ability and dedication as an effective teacher;

(iv) Creativity and competence in an appropriate field of research and scholarship;

(v) Ability to assume responsibility for professional services and administration of health and/or academic services; and/or

(vi) Ethical, professional performance.

(e) A non-tenure track appointment is made with the expectation that it will continue until a notice of non-reappointment is given by either the faculty member or COGS in accordance with these bylaws, policies and procedures. Any time accrued under non-tenure track appointments will not count toward tenure track appointments or any probationary period, unless otherwise agreed to in writing.

(2) Promotion

(a) There is no requirement that a faculty member be promoted after a given period of service in order to hold or maintain a given rank.

(b) Promotion may be made after the minimum time in rank and contributions commensurate with the higher rank have been achieved. The COGS appointments and promotions committee will consider any specific exceptions or requirements set forth in the faculty member's letter of offer or amendments thereto.

(c) In evaluating the candidate's performance, the weighting of the evaluation areas may vary. Consideration will be given to the mission of the college and the university and the demands of the appropriate discipline. Both quality and quantity of the faculty member's contribution will be taken into consideration.

(H) Structure and function of the COGS appointments and promotions committee

(1) The COGS appointments and promotions committee is a standing committee of the college.

(2) Composition and chair

(a) The committee consists of five faculty members engaged in graduate education appointed by the dean of COGS. The chair shall be designated by the dean. Committee membership may not include the dean or vice dean.

(b) A duly constituted COGS search committee shall function as the COGS appointments and promotions committee for a candidate who is recruited through an appropriate search process.

(3) Responsibilities

The COGS appointments and promotions committee will evaluate the materials in light of the criteria for appointment or promotion and will take into account any special consideration regarding the role, responsibilities and assignments of the faculty member as outlined in the faculty member's letter of offer and make recommendations to the dean of COGS.

(a) Evaluation

The committee, during its evaluation, may:

(i) Interview the candidate;

(ii) After notifying the candidate, interview the program director or other appropriate individuals;

(iii) Request any additional information pertinent to the evaluation; and

(iv) Seek external advice as it deems necessary.

(b) Recommendations

(i) The committee, by majority vote, will recommend one of the following and forward to the dean:

(a) Approval of the request for appointment or promotion as submitted;

(b) Approval of the request for appointment or promotion with a revised rank or title;

(ii) The committee will transmit the recommendation and the reasons therefore to the dean. The dean shall inform the candidate of the recommendation. In cases regarding faculty promotion, the candidate shall also be informed by the dean of the right to appeal the decision.

(I) Time in rank

(1) Instructor to assistant professor

There is no time in rank requirement after one year of service.

(2) Assistant professor to associate professor

(a) The minimum time in rank prior to consideration for promotion to associate professor is five years. In exceptional circumstances, if recommended by the program director and approved by the dean, a candidate may be considered prior to that time.

(b) Prior service may be counted toward the time in rank requirement if specified in the letter of offer or an amendment thereto.

(3) Associate professor to professor

(a) The minimum time in rank prior to consideration for promotion to professor is seven years. In exceptional circumstances, if recommended by the program director and approved by the dean, a candidate may be considered prior to that time.

(b) Prior service may be counted toward this requirement if specified in the letter of offer or an amendment thereto.

(J) Appointment and promotion general considerations

(1) Appointment

Initial appointment is primarily based upon past performance with an expectation of continued contribution at a level commensurate with the appointment.

(2) Promotion

(a) Promotions may be awarded after the minimum time in rank and contributions commensurate with the higher rank have been achieved.

(b) The committee will consider any specific exceptions or requirements set forth in the faculty member's letter of offer or any amendments thereto.

(c) In evaluating the candidate's performance, the weighting of the evaluation areas may vary. Consideration will be given to the mission of the college and the university and the demands of the appropriate discipline. Both quality and quantity of the individual's contribution will be taken into consideration.

(K) Appointment and promotion standards and documentation

Standards and documentation include, but are not limited to:

(1) Contributions to the educational program of the college

(a) The standard

Teaching is a central mission of COGS. A faculty member's teaching is reflected by students' achievements in the classroom, laboratory, research, and clinical arenas. Furthermore, teaching quality is documented by recognition and feedback from students, alumni and peer evaluation. Positive contributions to the learning environment and curriculum may support a faculty member's record of teaching.

(b) Documentation

(i) Evidence of teaching proficiency or excellence may include, but is not limited to, some combination of the sources listed in this paragraph. In joint teaching endeavors, the evidence should specify the extent of each person's contributions.

(ii) Faculty members are expected to carry out teaching assignments made by the program director. Teaching of graduate students, pharmacy students, medical students, postdoctoral students (e.g., residents in training, fellows) in university-sponsored programs will be of primary importance.

(iii) Teaching of one's colleagues is recognized as a contribution to the educational program of the college. These activities include, but are not limited to, formal continuing education programs, scientific seminars, workshops, and conferences.

(iv) Teaching in other areas may be considered but will be given less weight.

(v) Educational activities include, but are not limited to: presentation of lectures, seminars and tutorials; preparation of syllabi, course and examination materials; remediation; academic advising; career guidance; obtaining external funding for educational activities; curriculum planning and meetings; tutoring; review sessions; examination writing and review; collaborative work with other faculty (curriculum, assessment, instruction); assessment or observation of faculty teaching or precepting; advising on thesis and dissertation committees, if qualified to do so in accordance with college bylaws.

(vi) All faculty members should demonstrate ability in presenting concepts and accurate and current information.

(vii) The extent and effectiveness of educational accomplishments will be evaluated through review of relevant evidence. Evidence may include: student performance on examinations; recognition of excellence in teaching; supervisor, peer, and student evaluations.

(2) Research and scholarship

(a) The standard

(i) Research is a central mission of COGS. Given the complexity and diversity of talent within the college, it is imperative that various kinds of academic work be recognized through a broad vision of scholarship. Scholarship includes, but is not limited to, the scholarship of discovery, integration, application and teaching. Scholarship is understood to include the traditional science of inquiry, investigation and experimentation known as research. Scholarship and research may also include participation in clinical trials and commercialization, patent and technology transfer activities. Such work may be primarily supportive for promotion decisions. Clinical innovation and improvement activities done in a scholarly manner and acknowledged to be of regional or national importance are important indicators of distinction and merit consideration. Regardless of the type of scholarship, it should possess the quality of excellence, be peer-reviewed and be disseminated in the public domain.

(ii) Creative scholarly activity includes both original research resulting from investigative work or other peer reviewed contributions to the professional and scientific literature. Faculty shall conduct original research and other scholarly activity. The hallmark of creative scholarly activity lies in the peer reviewed "written" word. By having their contributions published, faculty can make a lasting contribution to the body of professional and scientific literature. Written work which is not peer reviewed may support a faculty member's dossier, but by itself is insufficient evidence of excellence in scholarly activity. Oral presentations may provide additional support for a faculty member's dossier especially when completed in national or international venues.

(iii) Original research is studious inquiry or examination, especially critical and exhaustive investigation or experimentation that has as its aim revision of accepted conclusions, interpretations, theories, or laws in the light of newly discovered facts, or the practical applications of such new or revised conclusions, interpretations, theories or laws. Original research is often of an applied nature; therefore, it has potentially immediate usefulness to the profession and health sciences. Research may also be theoretical in nature; both applied and theoretical (basic) research are encouraged. The nature of research disciplines may range widely reflecting the diverse nature of graduate studies.

(iv) Faculty shall conduct research and other creative scholarly activity that clearly demonstrates high quality and conforms to the highest ethical and legal standards. Quality is stressed over quantity.

(b) Documentation

(i) Evidence of original research or other creative scholarly activities includes, but is not limited to, the sources listed below. In joint endeavors, the evidence should specify the extent of each person's contribution.

(ii) Scholarly publications include, but are not limited to: abstracts, journal articles, books, chapters, monographs, case reports, literature reviews, annotated bibliographies, abstracts, editorials, technical reports or other technical items published in a professional journal.

Publications will be assessed in terms of quality and quantity and the candidate's role in the work. The quality of the publications will be evaluated by criteria such as: whether the publication was refereed; whether the publication was invited; the reputation and circulation of the journal or book or monograph; the scope of the periodical's audience; the number and nature of citations; originality, creativity and impact on the field; unsolicited independent reviews; or solicited outside professional reviews.

(iii) Scholarly presentations include, but are not limited to: lectures, poster presentations or educational displays at professional meetings, colloquia, workshops, seminars and conference presentations.

(iv) Scholarly consultation and support include, but are not limited to: design, measurement, evaluation and data analysis.

(v) Scholarly support includes support generated through grants, contracts and other sources.

(vi) Evidence of participation in clinical trials and commercialization, patent and technology transfer activities.

(vii) Evidence of clinical innovation and improvements done in a scholarly manner and acknowledged to be of regional, national or international importance.

(3) Professional standing and accomplishments

(a) The standard and documentation

(i) Evidence of professional standing may include, but is not limited to, some combination of the sources listed in this paragraph. In joint endeavors, the evidence should specify the extent of each person's contributions.

(ii) Professional accomplishments include but are not limited to: degrees held; fellowships and post-doctoral experiences; professional licenses or certificates; board certification; honorary degrees; awards; honors; offices held in professional societies; invited membership in honorary societies; membership in professional societies; membership on editorial boards, editorship, journal reviewer, and grant reviewer.

(4) Service related to COGS, profession or community

(a) The standard

Service oriented to the needs of the college and the university are expected for faculty, regardless of rank and academic appointment.

(b) Documentation

(i) Service activities include, but are not limited to:

(a) Membership on committees for advisement and defense of capstone projects, thesis, and dissertations.

(b) Participation on university committees, boards or councils;

(d) Service to governmental bodies on program-related topics; and

(e) Planning, organizing, and implementing service projects for the college.

(f) Support for service activities generated through grants, contracts and other sources will be evaluated.

(L) Procedures for processing appointments and promotions for faculty with rank

(1) Appointment

(a) Appointments involving a search committee

(b) Where appropriate, the dean will appoint a search committee.

(i) A duly constituted COGS search committee shall function as the COGS appointments and promotions committee for a candidate who is recruited through an appropriate search process.

(ii) The search committee's recommendation will be forwarded for review and recommendation in sequence to the dean and president for transmittal to the board of trustees for final action.

(iii) The president or president's designee will notify the candidate of the action of the board of trustees.

(i) In the case where no search committee is involved, the applicant will forward a curriculum vitae to the program director, who will then forward a recommendation to the COGS appointments and promotions committee, except those appointments which are solely within the purview of the dean.

(ii) Positive recommendations by the COGS appointments and promotions committee shall be forwarded to the dean.

(iii) The dean will make his/her own recommendation and forward it and the positive recommendation of the COGS appointments and promotions committee to the president.

(iv) Positive recommendations by the dean shall be forwarded to the president for transmittal to the board of trustees for final action.

(v) The president or president's designee will notify the candidate of the action of the board of trustees.

(d) Joint appointments

(i) The faculty candidate must submit a completed "application for joint appointment," a letter of support from the primary department chair, to the COGS appointments and promotions committee for consideration via the office of the vice president for academic affairs.

(ii) The chair of the COGS appointments and promotions committee will forward all positive recommendations to the dean.

(iii) The dean will make his/her recommendation and forward it with the positive recommendation of the COGS appointments and promotions committee to the president for transmittal to the board of trustees for final action. The office of the vice president for academic affairs will assist with all transmittals and notifications.

(iv) After action by the board of trustees, the office of the VPAA will notify the candidate of the action of the board of trustees.

(2) Promotion

(a) By July first, a faculty member with a primary appointment in COGS shall notify the vice dean of the intent to stand for promotion.

(b) By August first, in the case of promotion to professor, additional letters of recommendation from at least two individuals who do not have a conflict of interest and who are mutually acceptable to the vice dean and the faculty member, and who are professionally qualified to render an opinion about the suitability of the candidate will be contacted by the vice dean and asked to submit letters of recommendation.

(c) By August first, faculty members seeking promotion shall submit one copy of the completed "promotion dossier for non-tenure track faculty" to the vice dean.

(d) By October first, the vice dean will forward the dossier, his or her letter of recommendation, and the external letters, if appropriate, to the COGS appointments and promotions committee via the office of the vice president for academic affairs.

(e) COGS appointments and promotions committee review

(i) By November first, the chair of the COGS appointments and promotions committee will forward its recommendations to the dean and carbon copy the vice dean.

(ii) In the case of positive recommendations, the dean will make his or her own recommendation and will forward it with the recommendation of the COGS appointments and promotions committee to the president.

(f) Appeal of a negative decision

(i) In the case of a negative decision by the COGS appointments and promotions committee, the candidate will be notified by the dean and be advised of his or her right to appeal the decision.

(ii) Within ten working days after receipt of the negative decision, the candidate may appeal to the dean in writing.

(iii) The dean will review all materials submitted and may either:

(a) Overturn; or

(b) Concur with the decision of the COGS appointments and promotions committee.

(iv) The dean will inform the candidate of the decision after completing the review.

(v) If the dean overturns a decision of the COGS appointments and promotions committee, he or she will notify the committee and provide his or her reasons therefore.

(vi) The decision of the dean is final.

(g) Review by the president

(i) The dean will forward positive recommendations to the president who will transmit them to the board of trustees.

(ii) After action by the board of trustees, the office of the VPAA will notify the candidate of the action of the board of trustees.

(M) Procedures for processing appointments for graduate faculty with status

(1) Appointments to the graduate faculty for faculty with status shall be for terms of three years. Terms shall begin on the fifteenth day of the month after each quarterly meeting of the NEOMED board of trustees (e.g., usually March, June, September and December). A written notification of appointment will be issued to newly appointed graduate faculty with the official starting date of the appointment.

(2) Appointment application and approval

(a) Candidates for appointment must submit a completed "graduate faculty appointment application" and a current curriculum vitae to the office of the dean, college of graduate studies.

(b) Candidates should designate on the application the program in which they desire to be appointed, if applicable.

(c) If applicable for a specific graduate program, all candidate applications will be forwarded to the appropriate program director for consideration by the respective program advisory committee.

(d) All non-program-based applications and positive recommendations by the program advisory committee for appointment status will be forwarded to the graduate faculty council for consideration.

(e) The graduate faculty council will forward all positive recommendations to the dean for review and recommendation.

(f) The dean will forward all positive recommendations for appointments to the office of the VPAA for transmittal to the president and board of trustees for final action.

(g) After action by the board of trustees, the office of the VPAA will issue a notification of appointment to newly appointed faculty on behalf of the dean of COGS.

(N) Procedures for reappointments and non-reappointments for faculty with graduate faculty status

(1) Reappointment to the graduate faculty is not automatic and is based on a review of activity that has been sustained during the prior three-year review period.

(2) The decision to renew a faculty appointment will be based upon the activities of the faculty member since the last review and the needs and resources of the college or its programs. Appointment status levels may be adjusted during the reappointment process.

(3) A recommendation for non-reappointment is not considered a dismissal for cause, and as such cannot be appealed except as set forth in this paragraph.

(4) All graduate faculty will be evaluated at least every three years, and may, at the discretion of the dean, be evaluated more often using the following procedure.

(a) The vice dean (for non-program-based faculty) or appropriate program director will request an activity report from the candidate concerning college-related activities, will review those reports, and notify the candidate in writing by March first of the intention to recommend non-reappointment.

(b) Appeal of non-reappointment

(i) A candidate who disagrees with the intention to recommend non-reappointment may request a meeting with the vice dean (for non-program-based faculty) or appropriate program director within five business days to determine if the matter may be resolved prior to notification of the dean.

(ii) After the meeting, the vice dean (for non-program-based faculty) or appropriate program director will notify the candidate and the dean of the final recommendation.

(5) The vice dean (for non-program-based faculty) or appropriate program director will forward recommendations concerning non-reappointments to the dean by March fifteenth, with a copy to the office of the VPAA.

(6) The dean's recommendations for reappointment will be forwarded to the president by May first for transmittal to the board of trustees for final action, via the office of the VPAA.

(7) In the event of non-reappointment, the final date of appointment will be June thirtieth of the same year.

(8) Faculty whose non-reappointment extends beyond six months must use the established appointment procedures in order to rejoin the faculty.

(O) Procedures for annual evaluation for graduate faculty with rank

Non-tenure track faculty employed, either full or part-time by the university, shall be evaluated at least annually according to the university faculty evaluation process.

(P) Faculty leave of absence

(1) Graduate faculty with rank

(a) Faculty are employees of the university and are expected to follow the leave policies and procedures as outlined in the employee handbook and administered by the department of human resources of the university.

(b) Faculty who have their appointment in COGS may request a leave of absence from their academic responsibilities from the dean. If they hold a joint faculty appointment, the COGS dean will notify the dean of the college in which the faculty member holds the joint appointment.

(c) Leaves of absence approved by the dean will be forwarded to the office of the vice president for academic affairs for inclusion in the faculty member's official file.

(2) Graduate faculty with status

(a) A graduate faculty member may request a leave of absence when the faculty member is expected to be absent from activities for greater than six months, not to exceed two years. If a faculty member is expected to be absent from their faculty role in the college in excess of two years, he/she must apply for a new appointment.

(b) A request for a leave of absence shall be made by the faculty member to the dean for approval.

(c) At the request of the faculty member, the dean may, in his or her discretion, defer the review of the faculty member for reappointment until the next subsequent three-year review cycle.

(d) Leaves of absence approved by the dean will be forwarded to the office of the VPAA for inclusion in the faculty member's file.

Last updated September 27, 2024 at 9:34 AM

History

Effective: January 22, 2021
Promulgated Under: 111.15

Ohio Adm.Code 3349-3-27 Appendix A - college of dentistry procedure for appointment, promotion, reappointment, and evaluation of non-tenure track faculty.

(A) Definitions

(2) "Board certification." Certification received by a dentist who has passed the certification and applicable mandatory recertification examinations of their respective dental specialty certification board.

(3) "Candidate." An individual who is requesting review of their credentials for appointment and promotion.

(4) "College." The college of dentistry may be referred to as the "college" or "COD" for purposes of this rule.

(5) "College appointment and promotion committee." Committee appointed by the dean to consider appointment and/or promotion and make recommendations to the dean.

(6) "Curriculum vitae (CV)." The curriculum vita is one of the documents submitted by the candidate for consideration by external evaluators. Suggested items include information on teaching, research and scholarly pursuits, academic and professional/public service, and the practice of dentistry.

(7) "Days." Days, as used in this rule, are working days.

(9) "External evaluator." An external evaluator is an individual who is external to the university and is qualified to assess the candidate's achievements and reputation.

(10) "Full-time faculty appointment" or "full-time appointment." Full-time faculty are faculty who receive a full-time salary from:

(a) The university;

(b) An associated or affiliated teaching hospital, healthcare provider, or health agency; or

(11) "Joint appointment." Non-tenure track appointment that is awarded to faculty who already hold an academic appointment within the university.

(13) "Limited faculty appointment." Appointments for faculty whose academic contributions to the college are limited in time or scope and carry the prefix "adjunct," "research," or "visiting."

(14) "Mentor." A faculty member who has formally agreed to serve as an advisor and who helps another faculty member reach his/her personal and/or professional goals.

(15) "Midpoint Review." A formal evaluation of a candidate's midpoint review dossier that occurs approximately halfway through the candidate's promotion cycle. The formal evaluation may include interviews with the candidate, mentor or equivalent representative and provides written guidance on progression toward promotion and recommendations for future activities.

(16) "Midpoint review dossier." A file containing the candidate's documents submitted for midpoint review. The file must include a current and complete curriculum vitae, a letter of offer, (if applicable), documented activities in teaching, service, and scholarly activity, a self-reflective narrative evaluation of performance and accomplishments, and a development plan.

(17) "Notice of non-reappointment." A notice of non-reappointment is a written notification by the dean that the college intends to terminate a faculty member's appointment at a specified time.

(18) "Non-tenure track position." A faculty appointment that does not include the eligibility to apply for tenure.

(20) "Dental education appointment." One of two types of affiliated appointments referring to university employees outside of the college of dentistry who contribute to the development, implementation, administration, assessment, and/or evaluation of curricular offerings within the college.

(23) "Salaried faculty." A tenured, tenure track, or non-tenure track faculty member that is full-time, part-time, or co-funded and whose primary role is as faculty.

(24) "Unit." A standard measurement used to calculate credits toward faculty rank.

(25) "Provost and senior vice president for academic affairs." The chief academic officer of the university (hereinafter may be referred to as provost).

(B) Academic ranks and appointment types

(1) The following academic ranks have been established for non-tenure-track faculty:

(a) Professor;

(b) Associate professor;

(d) Instructor.

(3) Limited appointments

(b) "Research appointments" are for persons whose contributions to the college are primarily investigational. The prefix "research" is added to the rank.

(c) "Visiting appointments" are for persons from other institutions who are temporarily involved in programs of the college of dentistry or for college supported residents or fellows (instructor rank). The prefix "visiting" is added to the rank.

(4) Joint appointments

(a) These non-tenure-track appointments may be awarded to faculty who already hold an academic appointment within the university.

(c) Such appointments require the recommendation of the chair of the department in which the secondary appointment is sought. The chair of the faculty member's primary department must concur.

(5) Resident/fellow appointments

A resident or fellow who teaches dental students may be eligible for rank as instructor. This appointment is considered temporary and will automatically terminate upon the completion of the training program. Residents or fellows who are employed by the university will have "visiting instructor" appointments while those who are employed elsewhere will have "clinical instructor" appointments.

(6) Appointments solely within the purview of the dean

The dean, working with the support of the office of the provost, shall solely review and approve recommendations for appointment in the following categories upon recommendation by the department chair in whose department the appointment is sought. The dean may, at his/her discretion, forward an application to the college appointment and promotion committee.

(a) All appointments at the rank of instructor;

(b) Preceptor track appointments at the rank of clinical assistant professor;

(c) Adjunct or research appointments, if the recommended rank is consistent with the appointment the faculty member holds at another accredited institution of higher education;

(e) Retired appointments.

The university may confer titles of distinction including "emeritus" and "distinguished" for qualified faculty in accordance with the university faculty bylaws and emeritus status policy.

(D) Basic principles for appointment, promotion and reappointment

(1) Appointment

(b) The candidate has the right to a full, impartial, and confidential review of the credentials submitted.

(d) Considerations include, but are not limited to:

(i) Possession of an appropriate terminal degree or exceptions as justified by the candidate's department chair and approved by the dean and provost;

(ii) Expertise in an appropriate academic field and evidence of dedication to continuing advancement of this field of knowledge;

(iii) Ability and dedication as an effective teacher;

(iv) Creativity and competence in an appropriate field of research and scholarship;

(v) Ability to assume responsibility for professional services and administration of health and/or academic services; and

(vi) Ethical, professional performance.

(e) A non-tenure-track appointment is made with the expectation that it will continue until a termination notice is given by either the candidate or the college of dentistry in accordance with the rule 3349-3-01 of the Administrative Code. Any time accrued under non-tenure-track appointments will not count toward appointment or any probationary period on the tenure track.

(2) Promotion

(a) A candidate is encouraged to apply for promotion after a minimum time in rank. A candidate is required to submit a midpoint review for promotion to the college appointment and promotion committee. The midpoint review process will enable the committee to review the candidate's development plan, midpoint review dossier, and supporting materials to provide written recommendations for continued performance improvement in regard to promotion.

(3) Reappointment

(a) Reappointment to the faculty is not automatic.

(b) The decision to renew a faculty appointment will be based upon the activities of the faculty member since the last review and the needs and resources of the college.

(d) A recommendation for non-reappointment is not considered a dismissal for cause, and as such cannot be appealed.

(E) Structure and function of the college appointment and promotion committee ("committee")

(1) Composition

The committee consists of six voting core faculty members and one ex-officio, non-voting member appointed as described in rule 3349-3-74 of the Administrative Code. While it is preferable to draw all committee members from the college faculty, the dean may in his/her discretion appoint qualified faculty from outside the college.

(2) Responsibilities

(a) Midpoint review

(ii) Evaluation - the committee, during its evaluation, may:

(a) Interview the candidate;

(b) Interview the candidate's mentor, and/or equivalent representative;

(d) Seek confidential external advice, if the candidate signs a waiver, as it deems necessary.

(iii) Recommendations. The committee will provide, in writing, guidance regarding the candidate's midpoint review dossier and recommended areas for continued growth and improvement to prepare for consideration for promotion in accordance with time in rank requirements. The written guidance will be provided to the candidate and the department chair. This written recommendation will include the following:

(a) Feedback on the contents of the midpoint review dossier (e.g., items missing or extraneous; items needing further clarification);

(b) Areas in which the candidate currently meets criteria for promotion;

(c) Areas in which the candidate currently is deficient in regard to the criteria for promotion. This should include recommendations and/or examples for which the criteria for promotion is not currently met and how criteria can be achieved;

(d) Consideration for resubmission of the midpoint review. If the committee determines that significant deficiencies exist in the candidate's midpoint review dossier, the committee may recommend resubmission in order to assess continued progress towards the requirements for promotion. This should include a specific ttime line in which the midpoint review should be resubmitted to the committee.

(iv) Timeline

(b) Promotion

(ii) Evaluation. The committee, during its evaluation may:

(a) Interview the candidate;

(b) Interview the department chair or other appropriate faculty members, after notifying the candidate;

(d) Seek confidential external advice, if the candidate signs a waiver of access to the advice, as deemed necessary.

(iii) Recommendations. The committee, by majority vote, will recommend one of the following and forward to the dean:

(a) Approval of the request for appointment or promotion as submitted;

(b) Approval of the request for appointment or promotion with a revised rank or title;

(c) Disapproval of the request for appointment or promotion as submitted. The committee will transmit the recommendation and the reasons therefore to the dean and the department chair.

(iv) Recommendations

(F) Salaried faculty - requirements and time in rank

(1) Requirements

The required levels of development for candidates are classified as follows:

(a) Intent level

The level of intent describes a candidate who is in the planning stages of developing a teaching portfolio, service record, and scholarly activity documentation.

(b) Pursuit level

The level of pursuit describes a candidate who is actively developing or engaging in their teaching activities, service requirements, and scholarly activity. Quality of the activities will be weighted more than the quantity of activities. It is recognized that faculty roles and responsibilities change over time. Pursuit level provides credit for services or activities that were developed or engaged in, but are no longer active, and new activities. Pursuit in teaching should demonstrate a progression of teaching with a clearly developed teaching philosophy. Candidates should engage in service as an active participant and consider stepping into leadership roles. Scholarly activities must include at least one peer-reviewed publication outlined in paragraphs (G)(2)(b)(i)(a) and/or (G)(2)(b)(i)(b) of this rule.

The level of acquisition describes a candidate who is engaged in sustained activity with national or international recognition by their colleagues with a teaching portfolio that includes a clear teaching philosophy and evidence of consistent, quality performance in all teaching activities; service activities reflect consistent quality contributions and should include leadership roles; and a scholarly activity portfolio that is well established and reflects consistent, quality contributions, and must include contributions outlined in paragraphs (G)(2)(b)(i)(a) and/or (G)(2)(b)(i)(b) of this rule.

(2) Ranks

(a) Assistant professor

(b) Associate professor

(3) Time in rank

(a) Assistant professor to associate professor

(ii) Prior service may be counted toward the time in rank requirement if specified in the letter of offer or an amendment thereto.

(b) Associate professor to professor

(ii) Prior service may be counted toward this requirement if specified in the letter of offer or an amendment thereto.

(c) Upon the recommendation of the department chair and with the concurrence of the dean, exceptions to the considerations outlined herein may be granted.

(G) Salaried faculty - appointment and promotion standards and documentation

Standards and documentation for initial appointment and promotion include but are not limited to:

(1) Contributions to the educational program of the college

(a) The standard

(i) Faculty are expected to carry out teaching assignments made by the department chair. Teaching of dental students, medical students, graduate students and post graduate students, and fostering interprofessional education in university-sponsored programs will be of primary importance.

(b) Documentation

(i) Evidence of teaching at either the level of pursuit or acquisition may include, but is not limited to, the sources listed below. In joint endeavors, the evidence should specify the extent of the individual's contributions. Such contributions include, but are not limited to:

(a) Honors or special recognitions for teaching accomplishments (e.g., master teacher guild, faculty of the year award);

(b) Peer evaluations of expertise in instruction;

(d) Evidence of innovation in course or curriculum development, pedagogical strategies and/or assessment methods;

(e) Evidence of diverse student performance opportunities;

(g) Demonstration of scholarly and/or theoretical underpinnings related to teaching.

(ii) There must be evidence that the candidate is engaged in educational activities that are appropriate to their appointment. Such activities include, but are not limited to:

(a) Role as a course director, co-director or preceptor;

(b) Presentation of seminars, tutorials, or use of active learning or innovative teaching models;

(d) Academic aadvising and career guidance;

(e) Obtaining external funding for educational activities;

(f) Service on and recognition by national educational bodies are also important aspects of teaching excellence.

(2) Scholarly activity

(a) The standard

(i) The scholarly activity of non-tenure track faculty in the college of dentistry is more likely to focus in the categories of integration, application, and teaching and learning as compared to the scholarship of discovery. Scholarship of integration involves the synthesis and interpretation of information across disciplines in a way that brings new meaning to those facts, presentations and/or publications, among others. Scholarship of application seeks to address social problems or make information or ideas accessible to the public. Finally, scholarship of teaching and learning involves discovery, evaluation and transmission of information about the learning process.

(iv) Activity that clearly demonstrates high quality and conforms to the highest ethical and legal standards. Quality is stressed over quantity.

(v) Standards and expectations for scholarly activity may differ from one field to another.

(vi) Research collaborations. These include, but are not limited to collaborations between departments, colleges and universities regionally, nationally or internationally.

(vii) Research consultations. These include, but are not limited to, providing consultation in study design, data analysis, measurement and evaluation.

(viii) Intellectual property development and activities in support of technology transfer and commercialization.

(b) Documentation

Evidence of scholarly activities includes, but is not limited to, the sources listed in this paragraph. In joint endeavors, the evidence should specify the extent of the individual's contribution.