Ohio Adm.Code 3339 | Ohio Administrative Code 3339 — Miami University

Chapter 3339-1 Administrative Officers of the Board of Trustees

Ohio Adm.Code 3339-1-18 Tuition promise program description.

(A) Tuition promise

(1) The Miami university tuition promise is an Oxford campus, cohort-based, guaranteed undergraduate tuition program adopted in accordance with section 3345.48 of the Revised Code. Miami university's tuition promise provides all first-time students and their families the certainty that tuition, special purpose and course fees and room and board charges will not increase over the ensuing four academic year period from their first enrollment as a degree seeking student. The tuition promise will apply to all first-time, degree-seeking undergraduate students enrolling on the Oxford campus. Tuition and fees will be set annually for returning students on the Oxford campus, Miami's regional campuses, Luxembourg campus and for the voice of America center. Participation in the program is required for all first-time, degree-seeking undergraduate students enrolling on the Miami university Oxford campus for the first time in fall semester of 2016 or later.

(2) The four academic years of the tuition promise includes eight consecutive semesters, four winter and four summer terms. The four academic year term is guaranteed regardless of the student's enrollment status (full- or part-time or not enrolled) during that time.

(3) Tuition is set by the board of trustees each academic year and guaranteed for eight consecutive semesters for each entering cohort. Winter and summer terms are charged separately based on the guaranteed cohort per-credit-hour rate.

(B) Terms

(1) First-time student

A first-time student is any undergraduate, degree-seeking student enrolled on Miami university's Oxford campus for the first time on or after fall 2016. First-time students include students who enroll at Miami after graduating from high school, transfer students who enroll from another college or postsecondary institution, and non-traditional students who enroll on the Oxford campus for the first time. First-time students do not include non-degree-seeking students or conditionally admitted students such as students enrolled in the American culture and english (ace) program, college credit plus or advanced high school; exchange students; and other students participating in other pre-enrollment or postsecondary option programs.

(2) Returning students

Students enrolled at the Miami university Oxford campus prior to summer term 2016 and who are enrolled in fall term 2016 or later are considered returning students for purposes of assessing tuition and other fees and are not covered by the Miami tuition promise. Tuition and other fees are set annually by the board of trustees for these students.

(3) Cohort

(a) First-time students are assigned to a cohort (group) based on the semester in which the student first enrolls as a degree-seeking student. Each academic year contains one fall semester cohort and one spring semester cohort.

(i) Any Oxford campus degree-seeking, undergraduate student who is registered for classes for the first time as of the fifteenth day of the fall or spring term will be assigned to that cohort year for purposes of determining tuition, special purpose and course fees and room and board for the four academic years covered by the guaranteed cohort price. Each cohort commences with the first semester of enrollment and the pricing remains constant for four academic years ending with the term four years later (e.g., fall 2016 through summer 2020 or spring 2017 through winter 2021).

(ii) Students may complete as many undergraduate degrees, majors, minors, and/or certificates as they choose within their cohort period.

(iii) Students may enroll in graduate-level coursework for designated programs offered on the Oxford campus at their guaranteed tuition rate until their cohort period expires.

(4) Bachelor's degree

An undergraduate degree requires the completion of a minimum of one hundred twenty-eight semester credit hours. Bachelor's degree programs do not normally require more than one hundred forty-six semester credit hours to be awarded unless the additional coursework is required to meet professional accreditation or licensing requirements. Students completing degree programs requiring more than one hundred twenty-eight hours can request one extension of the guaranteed cohort period following the procedures outlined in paragraph (L) of this rule. A list of all bachelor degree programs can be viewed at http://miamioh.edu/academics/majors-minors/ and a list of those degrees requiring more than one hundred twenty-eight hours is provided in exhibit A to this rule.

(5) Tuition (instructional and general fee)

Tuition is the sum of the instructional fee and general fee. For non-Ohio-resident students, tuition also includes a tuition surcharge. Under the tuition promise, tuition is set each academic year for eight consecutive semesters for each entering fall and spring cohort. Winter and summer terms are charged separately based on the guaranteed cohort per-credit-hour rate.

(a) Instructional fee: These are the guaranteed instructional costs that first-time, degree-seeking students will pay. Non-Ohio-resident students also pay a tuition surcharge. Each incoming cohort is charged its unique, guaranteed resident or non-resident rate for eight consecutive semesters. Full-time students pay no additional tuition regardless of the number of hours enrolled. Part-time students pay instructional fees on a pro-rated, per-credit-hour basis.

(b) General fee: These are campus fees charged to all students for non-instructional services and programs on campus, such as orientation, health education and services, recreation, athletics, transportation, access to technology, graduation, the armstrong student center, other student-life facilities and student activities.

(6) Room and board charges

Room and board charges are the guaranteed rates for Miami's housing and meal plan options. Students pay a fee based on the housing and meal plan selected. The schedule of fees and options are guaranteed for each cohort for eight consecutive semesters. Miami university requires first- and second-year students to reside in university-provided housing and to purchase meal plans.

(7) Additional tuition promise guaranteed fees

(a) Special purpose fees: special purpose fees are additional per-semester charges that vary by college within the university and support specialized academic programs and instruction in that specific college (i.e., the college of engineering and computing major fees and the architecture, interior design and music major fees in the college of creative arts). These fees are charged as applicable and are guaranteed for each cohort.

(b) Course fees: course fees are per-credit-hour charges for certain courses or course-related costs and vary based on the course (e.g., the per-credit-hour Farmer school of business course fee, laboratory fees). These fees are charged as applicable and are guaranteed for each cohort.

(8) Charges and fines not included in the tuition promise

(a) Service charges and fines: These are charges and fines incurred by students such as vehicle registration and library and parking fines. These charges and fines will vary from year to year and are not included in Miami's tuition promise.

(b) Workshops, student health insurance, textbooks and supplies are not included in the tuition promise.

The terms of the tuition promise, along with Miami university board of trustees' approved guaranteed cohort prices, will be widely disseminated including publication on the Miami university admission, one stop for student success services and other student service websites and in the Miami university policy library.

(D) Additional provisions

(1) Summer/winter term start

Students whose first enrollment is a summer or winter term will pay the continuing student/non-degree-seeking student tuition rate for the initial term, but will be assigned to the entering semester cohort that immediately follows. Summer start students are typically students who have confirmed their enrollment and will be matriculating for the first time for the fall semester immediately following the summer term. By being assigned to the following semester cohort, these students will receive the benefit of guaranteed tuition for four full years after completing the initial term.

(2) Students enrolled on both Oxford and regional campuses

In addition to students who take all of their credit hours during an academic year (fall, winter, spring or summer) on either the regional campuses or the Oxford campus, some students take classes at the regional campuses and the Oxford campus during the same semester or academic year. Historically, these students have been assessed the tuition applicable to the "campus of the student" for all credit hours taken. Miami university will continue to use the "campus of the student" to determine the tuition applicable for all hours enrolled by the student during an academic year.

(3) Exception for relocating students and students transferring from Ohio's public community and technical colleges. When a student transfers from one of Ohio's public community or technical colleges or relocates from one of Miami university's regional campuses to the Oxford campus, the student will be assigned to the lowest unexpired cohort for the duration of that cohort. The cohort will be assigned based on the earliest date of enrollment as a full-time undergraduate student at the qualifying institution. When the assigned cohort expires the student will automatically be placed into the cohort that went into effect the year after their assigned cohort (cohort plus one). The student will remain in that cohort for up to one year and if still enrolled after that cohort expires, will be placed into the next cohort (cohort plus two) for the next year and so on until the student is no longer enrolled. (Students admitted for college credit plus or other conditional admissions are not considered to be fully admitted).

If four or more academic years have elapsed since the student's first date of enrollment as a full-time undergraduate student at the qualifying institution, the student transferring from one of Ohio's public community or technical colleges or relocating from one of Miami university's regional campuses will be assigned to the oldest unexpired cohort on the Oxford campus.

For Oxford campus students relocating to the regional campuses, these students will pay the current tuition and other fees in effect on the regional campuses. These students may relocate back to the Oxford campus at any time and pay tuition and other fees associated with their original cohort.

(4) Non-degree students

Students admitted or enrolled as nondegree-seeking students (students who are not pursuing an undergraduate degree or have not been admitted as a degree-seeking student at Miami university) are not covered by the tuition promise and will not be assigned to a cohort unless the student is subsequently admitted and enrolls as a degree-seeking student. Tuition for these students will continue to have their tuition and fees set annually by the board of trustees. This includes non-degree-seeking students or conditionally admitted students such as students enrolled in the American culture and English (ace) program, college credit plus or advanced high school; exchange students; and other students participating in other pre-enrollment or postsecondary option programs. Once a student is admitted as a first-time, degree seeking student, the student will be assigned to the cohort based on the semester in which the student first enrolled as a degree-seeking student.

(5) Re-enrolling students

Re-enrolling students who were admitted in a degree seeking program prior to fall 2016 are not covered by the tuition promise and will pay tuition and fees associated with the traditional tuition model.

When a student originally assigned to a cohort seeks to re-enroll after any period of non-attendance and not more than four academic years have elapsed since the student's initial degree-seeking enrollment, then the student will be assigned to the student's original cohort for the balance of the cohort period. If four or more academic years have elapsed, then the reenrolling student is assigned to the oldest unexpired cohort on the Oxford campus.

(E) Exceptions to standard length of cohort

The Miami university tuition promise is for four academic years commencing with either the fall or spring semester. Some students may require additional academic periods beyond the four academic years to complete their baccalaureate degree and will continue to attend the Oxford campus beyond their cohort period. When certain exceptions are met (as described in paragraph (L) of this rule) students may extend their guaranteed cohort price beyond their guaranteed cohort period. A student must apply for an exception no later than one semester prior to the expiration of their cohort. Students with approved exceptions will be granted additional courses at their guaranteed cohort price. The specific courses or length of the exception will be determined as part of any approval.

(F) Academic costs included in the Miami university tuition promise

(1) Tuition (instructional and general fee) fees

Tuition is the sum of the instructional fee and general fee. For non-Ohio resident students, tuition also includes a tuition surcharge. Under Miami's tuition promise, tuition is set each academic year and guaranteed for eight consecutive semesters for each entering cohort. Winter and summer terms are charged separately based on the guaranteed cohort per-credit-hour rate.

(a) Instructional fee: These are the guaranteed, instructional costs that all first-time, degree-seeking students will pay. Non-Ohio resident students will also pay a tuition surcharge. Each incoming cohort is charged its unique, guaranteed resident or non-resident rate for eight consecutive semesters. Full-time students pay no additional tuition regardless of the number of hours enrolled. Part-time students pay instructional fees on the cohort pro-rated, per-credit-hour basis. The tuition promise does not include workshops.

(b) General fee: These are campus fees charged to all students for non-instructional services and programs on campus, such as recreation, athletics, transportation, technology, the armstrong student center, other student-life facilities and student activities.

(c) Special purpose fees: special purpose fees are additional per-semester fees that vary by college within the university and support specialized academic programs and instruction in that specific college (i.e., the college of engineering and computing major fees and the architecture, interior design and music major fees in the college of creative arts). These fees are charged as applicable and are guaranteed for each cohort.

(d) Course fees: course fees are per-credit-hour fees for certain courses or course-related costs and vary based on the course (e.g., the per-credit-hour Farmer school of business course fee, laboratory fees). These fees are charged as applicable and are guaranteed for each cohort.

(G) Other student costs included in the Miami university tuition promise

The goal of the tuition promise is to provide a comprehensive set of costs for completing an undergraduate degree at Miami university. The following costs are also included in the Miami university tuition promise:

(1) Housing rates (room)

The tuition promise includes a guaranteed price schedule for housing that represents the various housing options available to undergraduate students. The rate charged to the student is based upon the student's selected or assigned residence type, (e.g., single room, double room, triple occupancy, new construction and renovated hall). If a student changes from one room or hall type to another during the cohort period, the housing rate charged to the student will be adjusted based on the guaranteed price schedule that is in effect throughout the student's cohort period. Student requests to reside in on-campus housing beyond the second year are subject to room availability. If space is available for a student who has already met the residency requirement, the established cohort rate schedule for student rooms continues throughout the period covered by the guaranteed cohort price.

(2) Meal plan rates (board)

The tuition promise includes a number of meal plan options from which the student may choose depending on whether the student is residing on- or off- campus. A meal plan is required for students residing in university housing. A cohort menu of meal plans and rates is included as part of the cohort pricing and the actual meal plan cost will be based on the meal plan selected by the student. While the meal plan price will remain guaranteed during the cohort period, individual meal items and merchandise in retail locations are subject to price changes.

(H) Other student costs not included in the Miami university tuition promise

All other fees, fines, and costs related to attending Miami university not specifically identified as part of the tuition promise are excluded from the guaranteed cohort price and are subject to price changes. These exclusions include credit workshops, student health insurance and textbooks. While such costs are excluded, Miami university will seek to limit increases to the extent feasible.

(I) Cohort pricing beyond the initial year

(1) Once the initial cohort tuition is established, subsequent cohort increases in tuition will be based on the following:

(a) The average rate of inflation, as measured by the consumer price index prepared by the bureau of labor statistics of the United States department of labor (all urban consumers, all items), for the previous sixty-month period; and

(b) The percentage amount the Ohio general assembly restrains increases on in-state undergraduate instructional and general fees for the applicable fiscal year. If the general assembly does not enact a limit on the increase of in-state undergraduate instructional and general fees, then no limit shall apply under this section for the cohort that first enrolls in any academic year for which the general assembly does not prescribe a limit.

(c) This rate of increase will be benchmarked against other state of Ohio four year residential research institutions' four-year rolling cost averages to account for the impact of the cohort pricing model on tuition changes. If Miami university's cohort tuition for Ohio residents falls significantly below these institutions, Miami university may elect to submit for approval by the chancellor of the department of higher education an increase in the forthcoming cohort tuition pricing in excess of the stated limitation for Ohio residents.

(2) Other increases in cohort pricing, including the non-resident tuition surcharge, special purpose fees, course fees and room and board charges are not subject to the pricing formula set forth in this rule and will be determined by the Miami university board of trustees.

(J) Students who stop out/withdraw and return

If a student takes a leave, withdraws, or is judicially suspended from the university for one or more academic semesters, the four academic year period covered by the guaranteed cohort price will not be extended. As a result, the student will lose the term(s) of eligibility while absent within the four academic year cohort period. When the student reenrolls, if four academic years have not lapsed since the student's initial degree-seeking enrollment, then the student will be charged the guaranteed rate based on his or her original cohort for the balance of the cohort period. If four or more academic years have passed, then the reenrolling student is assigned to the oldest unexpired cohort on the Oxford campus (as defined in paragraph (K) or this rule).

(K) Students who require longer than their cohort period to graduate

Students who do not complete their undergraduate degree requirements and are not eligible for an exception (as defined in this rule) by the end of their assigned cohort term, will automatically be placed into the cohort that went into effect the year after their assigned cohort (cohort plus one). The student will remain in that cohort for up to one year and if still enrolled after that cohort expires, will be placed into the next cohort (cohort plus two) for the next year and so on until the student is no longer enrolled.

(L) Exceptions for students who require more than four years

There will be some students who will take more than four academic years to graduate due to circumstances beyond their control. No later than one semester prior to the expiration of their guaranteed cohort term, a student may request, an extension of their guaranteed cohort price. Each case will be evaluated on its own merits to determine whether an extension should be granted and if so, the nature and duration of any extension.

(1) A tuition promise appeals committee will evaluate requests for exceptions. The appeal must fall within extenuating circumstances established by the appeals committee as described in this paragraph.

(a) If the appeals committee finds that the student cannot complete the degree program within the four academic years of the student's cohort due solely to a lack of available classes or space in classes provided by the university, the university will provide the student with an opportunity to take the necessary course or courses without requiring the payment of tuition.

(b) Other circumstances will be considered for an extension of the guaranteed cohort price beyond the four academic years depending on the validity and impact of the circumstances including:

(i) Enrollment in a degree program requiring more than one hundred twenty-eight hours to graduate

(ii) Illness or injury

(iii) Disability that necessitates a reduced course load as a reasonable accommodation

(iv) Medical leave of absence

(v) Victim of interpersonal violence or crime while enrolled

(c) If the appeals committee determines that the student has provided sufficient documentation of extenuating circumstances that was outside the control of the student and prevented the student from completing the student's program of study during the assigned cohort period, the committee will determine the appropriate period of time or number of courses to extend the guaranteed cohort price.

(2) Any student called to military service in the United States armed services will be given an automatic extension of their guaranteed cohort price based upon the number of academic terms impacted by the student's active duty absence.

(M) Graduate courses

Students may enroll in graduate-level coursework for designated programs offered on the Oxford campus at their guaranteed tuition rate until their cohort period expires. Students pursuing this option must meet all university requirements for admission to the program or to enroll in such courses. Following the expiration of their original cohort, tuition for graduate level coursework will be assessed at the current Oxford campus graduate student rate applicable to the program of study.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-1-19 Tuition promise appeals committee.

Some students will take longer than their guaranteed cohort period to graduate due to circumstances beyond their control. The tuition promise appeals committee evaluates and rules on requests for an extension of the student's guaranteed cohort period.

The tuition promise appeals committee is comprised of three persons with a committee member appointed by the vice-president of each of the following divisions: enrollment management and student success, student affairs and academic affairs.

(A) Making a request for an extension of the guaranteed cohort period*

Any student who will take longer than their guaranteed cohort period to graduate due to circumstances beyond their control may request an extension of their guaranteed cohort period. Such request must be made no later than the last week of classes in the semester prior to the expiration of the student's guaranteed cohort term. (i.e., if the guaranteed cohort period expires at the end of spring semester or summer term, the request must be made before the end of the preceding fall semester of that academic year).

The request must be made in writing and clearly set forth the basis for the request. The request must specify the circumstances beyond the student's control, the impact of those circumstances on the student and describe how the student was prevented from completing the student's undergraduate degree program within the guaranteed cohort period. All supporting documentation must be submitted with the request. Requests may be made based on any set of circumstances beyond the student's control including for example enrollment in a program requiring more than one hundred twenty- eight credit hours to graduate, unavailability of required courses to complete the degree, illness or injury, medical leave of absence, a disability requiring a reduced course load as a reasonable accommodation, being the victim of interpersonal violence or other serious crime while enrolled. Study abroad, changing majors, adding minors or a second major, delayed admission to a program, periods of non-enrollment and disciplinary suspensions will not be considered circumstances beyond the student's control.

Requests should be submitted to: one stop c/o tuition appeals committee, Campus avenue building, 301 s. Campus ave. Oxford, OH 45056 onestop@miamioh.edu

(B) Review of the request

Each case will be evaluated on its own merits to determine whether an extension should be granted and if so, the nature and duration of any extension. All determinations by the tuition promise appeals committee will be in writing, shared with the student making the request and filed with the division of enrollment management and student success.

These circumstances will be considered for an extension of the guaranteed cohort price beyond the four academic years depending on the validity and impact of the circumstances including:

(1) Lack of availability or space in required courses

(2) Enrollment in a degree program requiring more than one hundred twenty- eight hours to graduate

(3) Illness or injury

(4) Disability that necessitates a reduced course load as a reasonable accommodation

(5) Medical leave of absence

(6) Victim of interpersonal violence or crime while enrolled

If the tuition promise appeals committee determines that the student has provided sufficient documentation of extenuating circumstances that were outside the control of the student and prevented the student from completing the student's primary program of study during the assigned cohort period, the committee will determine the appropriate period of time or number of courses to extend the guaranteed cohort price. The payment of tuition will be required.

If the appeals committee finds that the student cannot complete the degree program within the four academic years of the student's cohort due solely to a lack of available classes or space in classes provided by the university, the university will provide the student with an opportunity to take the necessary course or courses without requiring the payment of tuition.

Any student called to active duty in the United States armed services will be given an automatic extension of their guaranteed cohort price based upon the number of academic terms impacted by the student's active duty absence. Students using this exception must notify the registrar's office.

(D) Review

Any student dissatisfied with the decision of the tuition appeals committee may petition the vice-president for enrollment services and student success for a review of the decision.

History

Effective: November 3, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-1-20 Miami regionals' tuition promise.

(A) Tuition promise

(1) The Miami university regionals' tuition promise is a regional campuses, cohort-based, guaranteed undergraduate tuition program adopted in accordance with section 3345.48 of the Revised Code. Miami university regionals' tuition promise provides all first-time students and their families the certainty that tuition, special purpose and course fees will not increase over the four academic years following their first enrollment as a degree seeking student. The Miami university regionals' tuition promise will apply to all first-time, degree-seeking undergraduate students enrolling on the Hamilton or Middletown campuses except for non-degree and associate degree programs for which no pathway to a bachelor's degree has been established (non-pathway associate degree). Tuition and fees will be set annually for returning students on the Oxford campus, Miami's regional campuses, Luxembourg campus and for the voice of America center. Participation in the program is required for all first-time, degree-seeking undergraduate students enrolling on the Hamilton or Middletown Miami university campuses for the first time in fall semester of 2018 or later.

(2) The four academic years of the Miami university regionals' tuition promise includes eight consecutive semesters, four winter and four summer terms. The four academic year term is guaranteed regardless of the student's enrollment status (full- or part-time or not enrolled) during that time.

(B) Terms

(1) First-time student

A first-time student is any undergraduate, degree-seeking student enrolled on Miami university's Hamilton or Middletown campus for the first time on or after fall 2018. First-time students include students who enroll at Miami after graduating from high school, transfer students who enroll from another college or postsecondary institution, and non-traditional students who enroll on the Hamilton or Middletown campus for the first time. First-time students do not include non-degree-seeking students or conditionally admitted students such as students enrolled in the English language center (ELC) program, college credit plus or advanced high school; exchange students; and other students participating in other pre-enrollment or postsecondary option programs.

(2) Returning students

Students enrolled at the Miami university regional campuses prior to summer term 2018 and who are enrolled in fall term 2018 or later are considered returning students for purposes of assessing tuition and other fees and are not covered by the Miami university regionals' tuition promise. Tuition and other fees are set annually by the board of trustees for these students.

(3) Cohort

(b) Any regional campus degree-seeking, undergraduate student who is registered for classes for the first time as of the fifteenth day of the fall or spring term will be assigned to that cohort year for purposes of determining tuition, special purpose and course fees and room and board for the four academic years covered by the guaranteed cohort price. Each cohort commences with the first semester of enrollment and the pricing remains constant for four academic years ending with the term four years later (e.g., fall 2018 through summer 2022 or spring 2019 through winter 2023).

(c) Students may complete as many undergraduate degrees, majors, minors, and/or certificates as they choose within their cohort period.

(d) Students may enroll in graduate-level coursework for designated programs offered on the regional campuses at their guaranteed tuition rate until their cohort period expires.

(4) Bachelor degree

An undergraduate degree requires the completion of a minimum of one hundred tweny-four semester credit hours. Bachelors degree programs do not normally require more than one hundred forty-six semester credit hours to be awarded unless the additional coursework is required to meet professional accreditation or licensing requirements. Students completing degree programs requiring more than one hundred twenty-four hours can request one extension of the guaranteed cohort period following the procedures outlined in paragraph (L) of this rule. A list of all bachelor degree programs can be viewed at http://miamioh.edu/academics/bulletin/ and a list of those degrees requiring more than one hundred tweny-four hours is provided in exhibit A.

(5) Tuition (instructional and general fee)

Tuition is the sum of the instructional fee and general fee. For non-Ohio-resident students, tuition also includes a tuition surcharge. Under the Miami university regionals' tuition promise, tuition is set each academic year for eight consecutive semesters for each entering fall and spring cohort. Winter and summer terms are charged separately based on the guaranteed cohort per-credit-hour rate.

(a) Instructional fee

These are the guaranteed instructional costs that first-time, degree-seeking students will pay. Non-Ohio-resident students, unless covered by a reciprocal agreement with the state of Ohio, also pay a tuition surcharge. Each incoming cohort is charged its unique, guaranteed resident or non-resident rate for eight consecutive semesters. Full-time students pay no additional tuition regardless of the number of hours enrolled. Part-time students pay instructional fees on a pro-rated, per-credit-hour basis.

(b) General fee

These are campus fees charged to all students for non-instructional services and programs on campus, such as student organizations, lectures and artist series, recreation, athletics, transportation, access to technology, student center, other student-life facilities and student activities.

(6) Additional tuition promise guaranteed fees

(a) Special purpose fees

Special purpose fees are additional per-semester charges that vary by college within the university and support specialized academic programs and instruction in that specific college. These fees are charged as applicable and are guaranteed for each cohort.

(b) Course fees

Course fees are per-credit-hour charges for certain courses or course-related costs and vary based on the course (e.g., the per-credit-hour nursing program, course supplies, laboratory fees). These fees are charged as applicable and are guaranteed for each cohort.

(7) Charges and fines not included in the Miami university regionals' tuition promise

(a) Service charges and fines

These are charges and fines incurred by students such as vehicle registration and library and parking fines. These charges and fines will vary from year to year and are not included in Miami's regionals' tuition promise.

(b) Workshops, student health insurance, textbooks and supplies are not included in the tuition promise.

The terms of the Miami university regionals' tuition promise, along with Miami university board of trustees' approved guaranteed cohort prices, will be widely disseminated including publication on the Miami university admission, one stop for student success services and other student service websites and in the Miami university policy library.

(D) Additional provisions

(1) Summer/winter term start

(2) Students enrolled on both Oxford and regional campuses

(3) Exception for relocating students and students transferring from Ohio's public community and technical colleges

When a student transfers from one of Ohio's public community or technical colleges or relocates from one of Miami university's regional campuses to the Oxford campus, or from the Oxford campus to one of Miami university's regional campuses, the student will be assigned to the lowest unexpired cohort for the duration of that cohort. The cohort will be assigned based on the earliest date of enrollment as a full-time undergraduate student at the qualifying institution. When the assigned cohort expires the student will automatically be placed into the cohort that went into effect the year after their assigned cohort (cohort plus one). The student will remain in that cohort for up to one year and if still enrolled after that cohort expires, will be placed into the next cohort (cohort plus two) for the next year and so on until the student is no longer enrolled. Students admitted for college credit plus or other conditional admissions are not considered to be fully admitted.

If four or more academic years have elapsed since the student's first date of enrollment as a full-time undergraduate student at the qualifying institution, the student transferring from one of Ohio's public community or technical colleges or relocating from one of Miami university's campuses will be assigned to the oldest unexpired cohort on the appropriate campus.

For regional campus students relocating to the Oxford campus, these students will pay the current tuition and other fees in effect on the Oxford campus. These students may relocate back to the regional campus at any time and pay tuition and other fees associated with their original cohort.

(4) Non-degree/non-pathway associate degree students

Students admitted or enrolled as nondegree-seeking students (students who are not pursuing an undergraduate degree or have not been admitted as a degree-seeking student at Miami university) and students enrolled in the pre-kindergarten associate degree program or any other associate degree program hereafter adopted for which no pathway to a bachelor's degree has been established (hereafter non-pathway associate degree) are not covered by the tuition promise and will not be assigned to a cohort unless the student is subsequently admitted and enrolls as a degree-seeking student. Tuition for these students will continue to have their tuition and fees set annually by the board of trustees. This includes non-degree-seeking students or conditionally admitted students such as students enrolled in the English language center (ELC) program, college credit plus or advanced high school; exchange students; and other students participating in other pre-enrollment or postsecondary option programs. Once a student is admitted as a first-time, degree seeking student, the student will be assigned to the cohort based on the semester in which the student first enrolled as a degree-seeking student.

(5) Re-enrolling students

Reenrolling students who were admitted in a degreeseeking program prior to fall 2018 are not covered by the tuition promise and will pay tuition and fees associated with the traditional tuition model.

(6) Reciprocity students

Should the state discontinue the reciprocity agreement, any regional student in the program can continue at the regional campuses as a resident student for tuition purposes through the end of their tuition promise cohort.

(E) Exceptions to standard length cohort

The Miami university regionals' tuition promise is for four academic years commencing with either the fall or spring semester. Some students may require additional academic periods beyond the four academic years to complete their baccalaureate degree and will continue to attend the Oxford campus beyond their cohort period. When certain exceptions are met (as described in paragraph (L) of this rule) students may extend their guaranteed cohort price beyond their guaranteed cohort period. A student must apply for an exception no later than one semester prior to the expiration of their cohort. Students with approved exceptions will be granted additional courses at their guaranteed cohort price. The specific courses or length of the exception will be determined as part of any approval.

(F) Academic costs included in the Miami university regionals' tuition promise

(1) Tuition (instructional and general fee) fees

Tuition is the sum of the instructional fee and general fee. For non-Ohio resident students, tuition also includes a tuition surcharge. Under Miami university regionals' tuition promise, tuition is set each academic year and guaranteed for eight consecutive semesters for each entering cohort. Winter and summer terms are charged separately based on the guaranteed cohort per-credit-hour rate.

(a) Instructional fee

These are the guaranteed, instructional costs that all first-time, degree-seeking students will pay. Non-Ohio resident students will also pay a tuition surcharge. Each incoming cohort is charged its unique, guaranteed resident or non-resident rate for eight consecutive semesters. Full-time students pay no additional tuition regardless of the number of hours enrolled. Part-time students pay instructional fees on the cohort pro-rated, per-credit-hour basis. The tuition promise does not include workshops.

(b) General fee

These are campus fees charged to all students for non-instructional services and programs on campus, such as recreation, athletics, transportation, technology, other student-life facilities and student activities.

Special purpose fees are additional per-semester fees that vary by college within the university and support specialized academic programs and instruction in that specific college (i.e. nursing). These fees are charged as applicable and are guaranteed for each cohort.

(d) Course fees

Course fees are per-credit-hour fees for certain courses or course-related costs and vary based on the course (e.g., art, biology, chemistry, geology, microbiology, physics, statistics). These fees are charged as applicable and are guaranteed for each cohort.

(G) Other student costs not included in the Miami university regionals' tuition promise

(H) Cohort pricing beyond the initial year

(1) Once the initial cohort tuition is established, subsequent cohort increases in tuition may be made as permitted by law. The board of trustees in considering any increase, will identify the benchmarks used to determine the amount of the subsequent cohort increase. Benchmarks that may be used include the following:

(a) The average rate of inflation, as measured by the consumer price and employment cost indexes prepared by the bureau of labor statistics of the United States department of labor (all urban consumers, all items) and the higher education price index (hepi);

(b) SHEEO: state higher education finance data trends

(d) National center for education statistics: tuition costs of colleges and universities

(e) U.S. department of education: college scorecard

(f) Fluctuations in state support of instruction

(g) Impact of the state of Ohio's biennial budget and federal regulatory requirements

(h) Changes in programmatic and services levels

(i) Miami's student financial assistance budget

(j) Data from U.S. news and world report college rankings

(2) Other increases in cohort pricing, including the non-resident tuition surcharge, special purpose fees, course fees and room and board charges are not subject to the pricing formula set forth above and will be determined by the Miami university board of trustees.

(3) When considering subsequent cohort increases, the university will include in the board of trustees resolution, the benchmarks it considered in increasing the cohort rate. The university will share this information and the amount of any subsequent cohort increase on the university's tuition promise website (http://miamioh.edu/about-miami/tuition-promise/) and consumer information website (tuition and fees- https://miamioh.edu/onestop/yourmoney/tuition-fees/). The board of trustees will typically adopt any increase in the cohort rate at its June meeting for the following academic year.

(I) Students who stop out/withdraw and return

If a student takes a leave, withdraws, or is judicially suspended from the University for one or more academic semesters, the four academic year period covered by the guaranteed cohort price will not be extended. As a result, the student will lose the term(s) of eligibility while absent within the four academic year cohort period. When the student reenrolls, if four academic years have not lapsed since the student's initial degree-seeking enrollment, then the student will be charged the guaranteed rate based on his or her original cohort for the balance of the cohort period. If four or more academic years have passed, then the reenrolling student is assigned to the oldest unexpired cohort on the appropriate campus (as defined in paragraph (K) of this rule.

(J) Students who require longer than their cohort period to graduate

Students who do not complete their undergraduate degree requirements and are not eligible for an exception (as defined in this paragraph) by the end of their assigned cohort term, will automatically be placed into the cohort that went into effect the year after their assigned cohort (cohort plus one). The student will remain in that cohort for up to one year and if still enrolled after that cohort expires, will be placed into the next cohort (cohort plus two) for the next year and so on until the student is no longer enrolled.

(K) Exceptions for students who require more than four years

(b) Other circumstances will be considered for an extension of the guaranteed cohort price beyond the four academic years depending on the validity and impact of the circumstances including:

(i) Enrollment in a degree program requiring more than one hundred twenty-four hours to graduate

(ii) Illness or injury

(iii) Disability that necessitates a reduced course load as a reasonable accommodation

(iv) Medical leave of absence

(v) Victim of interpersonal violence or crime while enrolled

(L) Graduate courses

Students may enroll in graduate-level coursework for designated programs offered on a regional campus at their guaranteed tuition rate until their cohort period expires. Students pursuing this option must meet all university requirements for admission to the program or to enroll in such courses. Following the expiration of their original cohort, tuition for graduate level coursework will be assessed at the current regional campus graduate student rate applicable to the program of study.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-1-21 Resolution r2024-05.

Whereas, in accordance with section 3345.82 of the Revised Code, a trustee may attend a meeting called in accordance with rule 3339-1-02 of the Administrative Code, by means of virtual or electronic communications, provided:

That at least one-third of the trustees attending the meeting shall be present in person at the place where the meeting is conducted;

That all votes taken at the meeting are taken by roll call vote; and

That a trustee who intends to attend a meeting via means of electronic communication notified the chairperson of that intent not less than forty-eight hours before the meeting, except in the case of a declared emergency.

Therefore, be it resolved, that the board of trustees hereby adopts following attendance by trustees at emergency and special meetings by means of electronic communications policy:

(A) Purpose

This rule shall permit members of the Miami university board of trustees to attend any special or emergency meeting only, called in accordance with rule 3339-1-02 of the Administrative Code, by means of virtual or electronic communications. This rule shall not apply to regular meetings of the board of trustees.

(B) Rule

(1) In accordance with section 3345.82 of the Revised Code, a trustee may attend a special or emergency meeting of the board of trustees, via electronic communication, provided:

(a) That at least one-third of the trustees attending the meeting shall be present in person at the place where the meeting is conducted;

(b) That all votes taken at the meeting are taken by roll call vote; and

(c) That a trustee who intends to attend a meeting via means of electronic communication notified the chairperson of that intent not less than forty-eight hours before the meeting, except in the case of a declared emergency.

(2) A trustee who attends a special or emergency 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.

(3) For regular meetings of the board of trustees, those trustees not present in person shall be considered absent, and may not participate in the meeting.

Last updated November 4, 2023 at 7:12 AM

History

Effective: November 3, 2023
Promulgated Under: 111.15

Chapter 3339-2 University Senate

Ohio Adm.Code 3339-2-01 Administrative deliberative bodies.

(A) President's executive cabinet

An advisory body to the president, this group meets on call. It is chaired by the president, and its members are the provost and executive vice president for academic affairs, the senior vice president for finance and business services and treasurer, the vice president for student life, the vice president for university advancement, the vice president for information technology and CIO, the the vice president and chief marketing and communications officer, the vice president for institutional diversity and inclusion, the general counsel, the secretary to the board of trustees and executive assistant to the president, the vice president for enrollment management and student success, the director of intercollegiate athletics, the vice president for aspire, the vice president for research and innovation, and the assistant to the president.

(B) Council of academic deans

This council serves as an advisory body to the provost. Meeting dates are determined by the office of the provost. It is chaired by the provost with membership composed of the deans of the Oxford academic divisions, graduate dean, the dean of the regional campuses, dean of the John E. Dolibois European center, the dean and university librarian, and others as determined by the provost.

The committee consists of the provost as chair, the deans of the six academic divisions, , and six tenured members of the instructional staff (one from each of the academic divisions) appointed by the provost with the president's approval. Members serve staggered three-year terms. The committee is charged with making promotion and tenure recommendations to the provost. These recommendations may relate to university wide promotion and tenure policies and procedures or to individuals being recommended for promotion and/or for the conferral of tenure. The provost will appoint a representative from the office of the university secretary to serve as secretary without vote.

Last updated November 2, 2021 at 10:13 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 3339-2-02 The enabling act of university senate and faculty assembly.

University senate is the primary university governance body where students, faculty, staff, and administrators debate university issues and make recommendations on the policies and actions to be taken by the institution. It is the legislative body of the university in matters involving educational programs, requirements, and standards; employee welfare; and student conduct. It is the primary advisory body on the establishment and modification of academic programs, curricula, courses, general education requirements, and degree programs. University senate reviews, discusses, and provides recommendations on policies, programs and curriculum prior to their presentation to the council of academic deans and, ultimately, the board of trustees.

Faculty assembly is comprised of all members of the faculty who hold tenure or a tenure-track position; all librarians who hold the rank of assistant librarian, associate librarian, or principal librarian; and all members of the faculty who hold the rank of lecturer (including the senior rank) or clinical/ professionally licensed faculty (including the senior rank) (lecturers and clinical/ professionally licensed faculty are members of the faculty assembly for the purpose of qualifying them to serve on the university senate. Membership in faculty assembly does not qualify lecturers or clinical professionally licensed faculty to serve on committees whose membership is restricted to faculty in tenure-eligible ranks). Faculty assembly hears reports from its committees and from the president, the chair of university senate, and university vice presidents. It may propose, debate, and recommend matters for senate consideration or for presentation to other officials or administrative bodies. It may also challenge and refer back to senate any senate action. Faculty assembly has the right of initiative and referendum.

The board of trustees reserves the right to consider, approve, modify, or reject recommendations of the university senate or faculty assembly.

(A) University senate membership

(1) University senate shall comprise sixty-nine voting members and shall have the following composition:

(a) Ten members of faculty assembly elected by members of faculty assembly, university-wide, by single transferable vote, as specified in the bylaws of university senate;

(b) Thirty-four members of faculty assembly apportioned to the college and schools, regional campuses, and library (hereinafter referred to as divisions) and elected by majority vote by members of faculty assembly within those divisions on the basis of representational units as specified in the bylaws of university senate;

(c) The provost of the university (who shall be the chair of university senate) and seven other administrators and/or unclassified staff members appointed by the president of the university as indicated in the bylaws of university senate;

(d) One classified staff member, appointed by the classified personnel advisory committee and one unclassified staff member, appointed by the unclassified personnel advisory committee;

(e) Eleven undergraduate students, one of whom shall be the student body president, and ten of whom shall be selected as provided by associated student government;

(f) Two undergraduate students, one each from the Hamilton and Middletown campuses, selected as provided by the Miami university Hamilton student government association and by the Miami university Middletown student advisory council; and

(g) Two graduate students selected as provided by the graduate student association.

(2) Terms of office. All terms of office shall begin on the first day of the first semester of the academic year following the year in which the member is selected.

(a) The term of office for members of university senate elected from faculty assembly as in paragraph (A)(1)(a) of this rule shall be for three years, all ten terms running concurrently.

(b) The term of office for members of university senate elected from faculty assembly as in paragraph (A)(1)(b) of this rule shall be for three years, with approximately one-third of these members elected each year.

(c) The terms of office for members of university senate selected as in paragraph (A)(1)(c) of this rule, with the exception of the provost who serves as a voting ex officio member of senate continually, shall be for one year with the possibility of reappointment.

(d) The terms of office for members of university senate selected as in paragraph (A)(1)(d) of this rule, shall be as specified in the selection procedures approved by senate.

(e) The term of office for members of university senate selected from the student body as in paragraphs (A)(1)(e), (A)(1)(f), and (A)(1)(g) of this rule shall be for one year.

(3) University senate leadership

(a) The provost shall serve as the chair of university senate. The chair of the executive committee shall serve as the vice chair of university senate.

(b) The university senate executive committee shall call senate meetings as needed, set university senate agendas, and generally manage the business of university senate.

(c) The chair of university senate shall designate a person to serve a three-year term without vote as secretary of university senate. This appointment shall be confirmed by university senate.

(B) University senate committee structure

(1) Executive committee of university senate shall manage the business of senate. Membership shall include the provost, three faculty members of senate elected as specified in the bylaws of university senate, the president of associated student government and one graduate student who is a member of university senate. The secretary of university senate shall serve as an ex officio, nonvoting member of the executive committee.

(2) University senate shall create such standing and advisory committees as it deems necessary to carry out its responsibilities as outlined in the introductory article of this rule.

(3) Ad hoc committees shall be created by university senate as needed for particular purposes if there is not an appropriate standing committee for that issue or purpose.

(4) So far as is possible, all university-wide matters upon which the ad-vice and/or action of faculty, administrators, and students is to be sought should be referred to the committees of university senate.

(5) All actions of the committees of university senate shall be reported to senate.

(6) Operating rules and procedures of committees may be formulated by university senate and promulgated in its standing rules, subject to the limitations in the descriptions of the committees in the bylaws.

(1) A quorum for conducting business of university senate is forty- six. A main motion is considered to have passed or failed upon the affirmative or negative vote of a simple majority of the members present.

(2) Meetings are ordinarily called by the executive committee of university senate. Additional meetings shall be called by the chair of senate upon the written request of any ten members of senate.

(3) The actions of university senate become final with the approval of the minutes at the next meeting of senate or by mail or electronic ballot.

All passed final actions of university senate upon a main motion and roll-call votes on these final actions upon a main motion shall be included in the summary of each senate meeting which is reported in the Miami matters (i.e., the daily electronic newsletter of Miami university), or any such regular university publication distributed to the Miami university community as approved by senate, which will reach all members of faculty assembly and other interested members of the university community.

(4) The effective date of any final action of university senate upon a main motion which alters the status quo shall be no earlier than the tenth class day following the distribution of the summary of senate action indicated in paragraph (C)(3) of this rule. In extraordinary cases where an action must be put into effect before the elapse of ten class days, as attested by an affirmative vote of at least two-thirds of the members of senate, the action becomes effective immediately.

(5) During the ten class days after distribution of an action, if at least twenty-five members of faculty assembly file a petition so stating with the office of the provost, an action of university senate shall be considered challenged and its implementation suspended (see paragraph (F) of this rule).

(6) After a final action of university senate is effective, the chair of university senate or, at the request of the chair, the vice chair, shall represent the position of the action to other bodies, including the board of trustees.

(D) Faculty assembly membership

(1) Faculty assembly is chaired by the president of the university, who has responsibility for the preparation of the agenda for meetings.

(2) Faculty assembly is composed of all members of the faculty who hold tenure or a tenure-track position; all librarians; and TCPL faculty.

(E) Faculty assembly legislative procedures

(1) A quorum shall be twenty-five per cent of the membership of faculty assembly. This number shall be determined by the office of the provost and announced at the first meeting of the assembly each year. The number constituting a quorum shall be the same for every meeting during an academic year.

(2) Faculty assembly normally meets in the fall. Additional meetings may be called upon request of fifty members of faculty assembly filed with the office of the provost or upon the call of the president. The exact time and location of the meetings will be determined by the president.

The first meeting of faculty assembly in the fall shall be designated and announced as a business meeting at which assembly shall vote to confer degrees for the winter, spring, and summer commencements for that academic year.

(3) The agenda shall be distributed to each member of faculty assembly at least seven class days prior to the meeting and shall provide sufficient detail for reasonably clear identification of the nature of the items.

(4) All passed final actions of university senate shall be included in the summary of each senate meeting. The actions of university senate are subject to the authority of faculty assembly to review and refer actions back to senate. Faculty assembly may additionally propose, debate, and recommend matters for senate's consideration or for presentation to other administrators or bodies based on votes taken during meetings. (See introductory article of this rule.)

(5) Faculty assembly hears reports from its committees and from the president, the chair of university senate, and other vice presidents. It may propose, debate, and recommend matters for university senate consideration or for presentation to other officials or administrative bodies. It may also challenge and refer back to senate any senate action. Faculty assembly has the right of initiative and referendum. Such action shall be considered as tantamount to university senate action.

Faculty assembly may raise questions, offer comments, debate, and forward recommendations based on votes taken during meetings or by mail or electronic ballot. It may discuss matters affecting Miami university and its environment.

(6) During the ten class days after distribution of an action, if at least twenty-five members of faculty assembly file a petition so stating with the office of the provost, an action of university senate shall be considered challenged and its implementation suspended. Such a challenged action shall be placed on the agenda for the next regu-larly scheduled meeting of faculty assembly, where the action may be debated and may be returned to senate for reconsideration of such revisions as the assembly may recommend. A special meeting of faculty assembly for earlier consideration and potential return to senate of a challenged action may be called by university senate or by a petition signed by at least fifty members of faculty assembly filed with the office of the provost.

(7) A quorum must be present in order for faculty assembly to return an action to university senate. If a quorum is not present at a duly scheduled or called meeting of faculty assembly for which a challenged senate action is on the agenda, said action by senate shall be deemed to be sustained.

(8) Voting in faculty assembly is on a motion to refer back to university senate one of its items and to provide opinions to individuals or groups on issues as assembly deems appropriate. The usual method of taking a vote in faculty assembly shall be by voice or by show of hands. Voting shall be by secret ballot if requested by at least ten members of the assembly or by the president with general consent.

(9) The membership of faculty assembly have the right of initiative and referendum according to the following provisions:

(a) A written proposal must be accompanied by a petition signed by at least ten per cent of the membership of faculty assembly and presented to the office of the provost before the proposal shall be considered for initiative or referendum.

(b) Following the receipt of the petition and the proposal, faculty assembly must meet within one calendar month at a regular or called meeting to discuss the proposal. Provided that a quorum is present, faculty assembly may vote to amend the original written proposal.

(c) Following the discussion of the proposal by faculty assembly, within ten working days the office of the provost shall mail a copy of the written proposal to each member of faculty assembly who shall be asked to vote yes or no on a ballot to be returned to the office of the provost within another ten working days.

An initiative or referendum matter presented to the membership of faculty assembly should be framed and worded in a straightforward manner that makes clear and unambiguous the substance of the issue and the meaning of an affirmative or negative vote (e.g., not worded with a double negative; rather worded so that a yes vote means approval of a new or revised policy and a no vote means rejection of a new or revised policy).

Normally initiative proposals shall be provided a forum for discussion by interested parties (e.g., faculty assembly and university senate and its committees such as the academic policy committee would provide such a forum) and, where substantially differing viewpoints exist, opportunity for expression of these viewpoints shall be provided and included with the initiative as distributed for vote.

(d) The proposal shall be considered to have passed if it receives an affirmative vote of a simple majority, provided the said affirmative vote constitutes at least a quorum of faculty assembly. Such action shall be considered as tantamount to university senate action and shall be subject to the limitations specified in the introductory article.

(F) Amendment

(1) A proposal to consider amending the enabling act must receive the affirmative vote of a simple majority of the members of university senate at a duly called meeting, a quorum being present.

(2) At the time of the final approval of such a proposal in the minutes of university senate, a hearing on the proposal shall be announced for a specified time and place not less than ten class days after the distribution of the summary of senate actions and not more than fif-teen class days after the distribution of the summary of senate actions. At least twenty senate members must attend the hearing, at which any faculty member, student, or administrator of Miami university may comment.

(3) At the next meeting of university senate after the senate hearing, a motion to amend the enabling act in accordance with the proposal shall be placed on the agenda. To become effective, the proposal must receive an affirmative vote of two-thirds of the membership of senate. Such action is subject to challenge by faculty assembly as provided in paragraph (F)(6) of this rule.

(4) The procedures of paragraph (F)(8) of this rule may also be used to amend the enabling act.

(5) Amendments to the enabling act of university senate and faculty assembly must be approved by the board of trustees.

Last updated May 19, 2026 at 7:44 AM

History

Effective: May 16, 2026
Promulgated Under: 111.15

Ohio Adm.Code 3339-2-03 Graduate Council.

The authority to recommend graduate program policy to the university senate shall reside in the graduate council. The graduate council shall be composed of twelve elected faculty representatives and three graduate student representatives. Eligibility for faculty service on the graduate council shall be limited to faculty members with level A graduate faculty status, and representation shall be limited to the college and schools offering graduate degree programs. The three graduate student representatives in the graduate council shall be chosen in accordance with the procedures established by the graduate student association. The associate provost and dean of the graduate school shall serve as chair of the graduate council, the administrative assistant shall serve as its secretary, and the associate provost will serve as acting chair in the absence of the dean.

Last updated June 3, 2021 at 9:00 AM

History

Effective: September 30, 1999
Promulgated Under: 111.15

Ohio Adm.Code 3339-2-04 Department and divisional governance.

(A) General

Academic departments and divisions are authorized to adopt appropriate rules, policies, and procedures for the discharge of responsibilities and governance of the unit. All departmental and divisional rules, policies, and procedures that define or elaborate university rules, policies, and procedures must be consistent with university rules, policies, and procedures. To the extent that any departmental rule, policy, or procedure conflicts with any divisional or university rule, policy, or procedure, the divisional or university rule, policy, or procedure prevails. To the extent that any divisional rule, policy, or procedure conflicts with any university rule, policy, or procedure, then the university rule, policy, or procedure prevails.

(B) Academic department and/or division name changes

Requests for name changes to academic departments (programs, if appropriate) and/or divisions, after consultation with the relevant parties, are reported on the university senate consent calendar and require the approval of the following bodies: department chair (program director, if appropriate), academic dean of the division, provost, and the board of trustees. Upon approval from the board of trustees, the Ohio board of regents is to be notified of department and/or division name changes.

Last updated June 3, 2021 at 9:00 AM

History

Effective: September 12, 2013
Promulgated Under: 111.15

Chapter 3339-3 In General

Ohio Adm.Code 3339-3-03 Equal opportunity.

Building and maintaining a non-discriminatory and inclusive community is an integral part of Miami university's mission and success. The university is committed to equal opportunity, and eliminating discrimination and harassment. Miami university does not discriminate on the basis of age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, sexual orientation, status as a parent or foster parent, or protected veteran status in its application and admission processes, educational programs and activities, facilities, programs or employment practices.

Miami university does not permit, and takes action to prevent, harassment, discrimination and retaliation. Miami university immediately investigates all formal complaints of harassment, discrimination, and retaliation. If it determines that an unlawful hostile environment has been created or unlawful discrimination or retaliation has occurred, Miami takes action to prevent its recurrence and remedy its effects.

Requests for reasonable accommodations for disabilities related to employment should be directed to adafacultystaff@miamioh.edu or 513- 529-3560. Students with disabilities may contact the Miller center for student disability services, 304 Shriver center, 513-529-1541 (V/TTY) and 513-529-8595 (fax). All other requests should be directed to the Section 504 and ADA coordinator, Ms. Kenya Ash, 111 Hanna house, Miami university Oxford, Ohio 45056, 513-529-7157 or ashkd@miamioh.edu.

Miami university is committed to web accessibility and strives to provide an accessible web presence that enables all university community members and visitors full access to information provided on its websites. If you have questions or need assistance, contact Sean Poley, director of accessible technology, 316 Shriver center, Miami university, Oxford, Ohio 45056, 513-529-1225 or poleysa@miamioh.edu.

Title IX coordinator- Title IX of the education amendments of 1972 is a federal law prohibiting discrimination on the basis of sex in higher education. Sex discrimination includes sexual harassment and sexual violence. The university's Title IX coordinator is Ms. Kenya Ash, associate vice president equity and equal opportunity, 111 Hanna house, Miami university, Oxford, Ohio 45056, 513-529-7157 or ashkd@miamioh.edu.

Deputy Title IX coordinator for athletics- Ms. Jennifer A. Gilbert, associate athletic director/senior woman is the university's deputy Title IX coordinator for matters related to equality of treatment and opportunity in intercollegiate athletics. This includes athletic financial assistance, accommodation of interest and abilities and equity of athletic program benefits. Ms. Gilbert may be reached at Millett assembly hall, Miami university, Oxford, Ohio 45056, 513-529-3113 or jen.gilbert@miamioh.edu.

Deputy Title IX coordinator for students - Ms. Cecilie McGhehey, ,deputy Title IX coordinator for matters related to student sexual and interpersonal violence. This includes sexual misconduct, sexual violence, and sexual coercion of students. Ms. McGhehey also serves as the coordinator for matters relating to student domestic violence, dating violence, and stalking. Ms. McGhehey may be reached at student health services, 104 Warfield hall, 451 E. Spring street, Oxford, Ohio 45056, 513-529-1870 or titleix@miamioh.edu.

Deputy Title IX coordinator for regional students- Dr. Bennyce Hamilton, , is the university's deputy Title IX coordinator for matters related to regional student sexual violence and interpersonal violence. This includes sexual misconduct, sexual violence, and sexual coercion of students. Dr. Hamilton also serves as the coordinator for matters relating to regional student domestic violence, dating violence, and stalking. Dr. Hamilton may be reached at 4 Rentschler hall, 1601 University boulevard, Hamilton, Ohio 45011, or 144 Johnston hall, 4200 N. University boulevard, Middletown, Ohio 45042, 513-785-3283 or hamiltbe@miamioh.edu.

Sections 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) coordinator- Section 504 and the ADA are federal laws prohibiting discrimination on the basis of disability. The university's Section 504 and ADA coordinator is Ms. Kenya Ash, director of the office of equity and equal opportunity, 111 Hanna house, Miami university, Oxford, Ohio 45056. Ms. Ash may be reached at 513-529-7157 or ashkd@miamioh.edu.

Last updated July 16, 2025 at 7:34 AM

History

Effective: July 16, 2025
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-04 Americans with Disabilities Act.

Miami university does not discriminate against a qualified individual with a disability because of the disability with regard to job application, hiring or discharge of employees, employee compensation, job training, or other terms, conditions, and privileges of employment.

A qualified individual with a disability is one who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.

A disabled employee or potential employee who requests reasonable accommodation shall identify the specific job requirement that he or she believes should be modified through reasonable accommodation.

Miami university will provide necessary reasonable accommodation if it can do so without undue hardship on the operation of Miami university.

Requests for reasonable accommodations for disabilities related to employment should be directed to ADAfacultystaff@miamioh.edu or 513- 529-3560. Students with disabilities may contact the office of student disability services, 19 Campus avenue building, 513-529-1541 (V/TTY) and 513-529-8595 (fax). All other requests should be directed to the section 504 and ADA coordinator, Ms. Kenya Ash, Hanna house, Miami university Oxford, Ohio 45056, 513-529-7157 or ashkd@miamioh.edu.

Questions and complaints should be directed to the director of the office of equity and equal opportunity.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-06 Prohibiting harassment and discrimination.

(A) Harassment and discrimination are prohibited

Respect for human diversity is an essential element of the Miami university community. Members of the Miami university community have the right to an environment free of conduct that unreasonably interferes, hinders, or otherwise denies another a suitable working, living, or learning environment. Therefore, members of the university community should refrain from harassing others or creating an environment that denies others a suitable working, living, or educational environment. Miami university strongly opposes and will not tolerate harassment or discrimination on the basis of age, color, disability, gender identity, or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status in its activities, programs, admission, and employment. This prohibition extends to harassment or discrimination, based on the protected status listed in this paragraph, including the creation of an intimidating, hostile, or offensive working, educational, or living environment. This rule is intended to address all forms of prohibited harassment and discrimination except for allegations of sexual harassment, sexual misconduct, interpersonal violence (stalking, dating violence and domestic violence) which are addressed separately in the Title IX protocol -sexual misconduct policy and procedures for students and Title IX protocol -sexual misconduct policy and procedures for employees at Miami university.

Harassment and discrimination are illegal. This rule is not intended to impair or limit the right of anyone to seek a remedy available under state or federal law. Legal remedies may be pursued outside Miami university by contacting the equal employment opportunity commission, the Ohio civil rights commission, the United States department of education office for civil rights, or by consulting an attorney at the person's own expense. Under the law, there are various time limits for filing charges outside the university. Persons should contact the agencies listed in this paragraph or an attorney to determine the applicable time limits.

This rule may in some respects exceed the requirements of applicable law. However, this rule will not be enforced so as to infringe upon first amendment rights, including the right to academic freedom.

(B) Definitions

For the purpose of determining whether particular conduct constitutes a violation of this rule, the following definitions will be used:

(1) Discrimination: conduct that is based on a person's age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status in its activities, programs, admission, and employment that:

(a) Adversely affects a term or condition of a person's employment, education, living environment or participation in a university activity; or

(b) Is used as a basis for or a motivating factor in decisions affecting the person's employment, education, living environment or participation in a university activity.

(c) Examples of conduct prohibited by this policy include but are no means limited to taking any of the actions listed in this paragraph based on a person's age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religion, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status (protected class status):

(i) Denying a person access to an educational program;

(ii) Denying salary increases and/or promotions;

(iii) Preventing a person from participating in any activity or program or using university facilities or services; or

(iv) Using protected class status as a motivating factor in making a decision about employment or educational opportunities.

(2) Harassment: Harassment is unwelcome conduct that is based on a person's protected class status: age, color, disability, gender identity or expression, genetic information, military status, national origin (ancestry), pregnancy, race, religious, sex/gender, status as a parent or foster parent, sexual orientation or protected veteran status.

Harassing conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.

Harassment becomes a violation of this rule when:

(a) Enduring the offensive conduct becomes a condition of continued employment; or

(b) The conduct is sufficiently severe or pervasive enough to create a work environment that a reasonable person would consider it intimidating, hostile, or abusive. For conduct to constitute harassment it mist be more than offensive; it must be so severe or pervasive that it effectively denies the victim access to the university's programs or activities or unreasonably interferes with the victim's working, educational or living environment.

This rule applies to all aspects of Miami university's operations, programs and activities, including regional campuses. It applies to all university students and employees, including faculty, unclassified staff, classified non-bargaining staff, bargaining unit staff, and student employees. It also applies to all vendors, contractors, subcontractors, and others who do business with the university. It applies to all visitors or guests on campus to the extent that there is an allegation of harassment or discrimination made by them against university students or employees. This rule also applies to harassment or discrimination that occurs outside the educational program or workplace if the conduct negatively affects a person's educational or work environment.

(D) Information and assistance

General information regarding this rule is available at the office of equity and equal opportunity, Hanna house, Miami university, Oxford, Ohio 45056, (513) 529-7157.

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act coordinator- Section 504 and the ADA are federal laws prohibiting discrimination on the basis of disability. The university's Section 504 and ADA coordinator is Ms. Kenya Ash, director of the office of equity and equal opportunity, Hanna house, Miami university, Oxford, Ohio 45056. Ms. Ash may be reached at (513) 529-7157 or ashkd@MiamiOH.edu.

(E) Retaliation is prohibited

Any retaliatory action or conduct taken by any person against a person who has sought relief under this rule is strictly prohibited and will be regarded as a separate and distinct violation of this rule. Examples of retaliatory action include assigning low grades, assigning undesirable teaching or work schedules, and/or giving deflated performance evaluations. This protection against retaliation extends to any person who opposes acts of harassment or discrimination or who testifies, assists, or participates in any manner in an investigation, proceeding, or hearing relative to harassment or discrimination.

(F) Action

If the university determines that reasonable cause exists to believe that a violation of this rule has occurred, the university will take action to provide appropriate additional relief. This rule provides for reliable and impartial investigation of harassment or discrimination. When harassment or discrimination does occur, the university will take appropriate steps to prevent its recurrence and remedy the discriminatory effect on the complainant (or alleged victim if different from the complainant) and others, as appropriate. The university may also initiate appropriate disciplinary action under paragraph (L) of this rule.

(G) Reporting harassment, discrimination, or retaliation- duty to report

Any person who believes he/she has been subjected to discrimination, harassment, or retaliation may report the behavior directly to the office of equity and equal opportunity (office of equity and equal opportunity).

All employees who become aware of alleged protected class discrimination or harassment as defined in this rule are required to report it to the office of equity and equal opportunity This includes administrators, supervisors, managers, faculty and staff.

Graduate assistants, resident assistants (RAs), orientation leaders (souls) and student managers in campus services are also required to report.

Exemptions:

(1) Employees with a legal privilege of confidentiality under Ohio law (including doctors, licensed counselors, and their staffs) are not required to report when the information is obtained in the course of a confidential communication.

(2) Researchers are not required to report if the information is disclosed by a subject during participation in an institutional review board approved human subjects research protocol (IRB research). The university's institutional review board (IRB) may, in appropriate cases, require researchers to provide such information to all student subjects of IRB research.

In addition to reporting discrimination and harassment, information regarding alleged retaliation as described in paragraph (F) of this rule must also be reported.

office of equity and equal opportunity will conduct a preliminary assessment of the report. The report should not be made to the person who is alleged to be engaging in discrimination, harassment, or retaliation.

Anonymous reports will be accepted; however, the university's options for investigating or resolving anonymous reports may be limited because of the unique challenges presented. However, office of equity and equal opportunity reviews and takes appropriate action on all reports including anonymous reports.

(H) Advisors

Any person who reports alleged harassment, discrimination, or retaliation) and any person against whom such an allegation is made may be accompanied at all stages of the process described in this rule by an advisor. Advisor means any individual who provides support, guidance, or advice to the accuser or the respondent. The role of the advisor is only to be present; the advisor will not be provided documentation or permitted to interject during any part of a meeting. If an advisor is determined to be unreasonably interfering with the investigation, he or she may be asked to leave.

(I) Making a report of harassment, discrimination, or retaliation

A report may be filed at any time regardless of the length of time between the alleged occurrence and the decision to report. However, the university strongly encourages persons to report promptly in order to facilitate an effective investigation and access to information. A delay in reporting may compromise the investigation.

(J) Investigation of a report

Office of equity and equal opportunity may facilitate an informal resolution of the report. An informal resolution of the report does not bar a subsequent formal resolution. The university does not use mediation to resolve reports.

Within thirty calendar days of receipt of a report, office of equity and equal opportunity will conduct an investigation to determine whether there is reasonable cause to believe that a violation of this rule has occurred, including the extent and severity of the violation. The parties will have the opportunity to be accompanied by an advisor, to present information and respond to written reports, and to ask that witnesses be interviewed. At the completion of the investigation, office of equity and equal opportunity will issue a written report of its investigation that includes a finding of reasonable cause or no reasonable cause and related recommendations. office of equity and equal opportunity's findings will be based on a preponderance of the evidence. A preponderance of the evidence is the evidence that has the most convincing force; that is the greater weight of credible evidence. office of equity and equal opportunity will consider all relevant information presented. This standard of evidence essentially asks, "is it more likely than not that our rule was violated?"

A copy of the office of equity and equal opportunity report will be given to both the complainant and the respondent. After the office of equity and equal opportunity report is issued, both the complainant and the respondent are permitted to review the office of equity and equal opportunity investigation file.

(K) Review

The complainant and the respondent each have the right to challenge the conclusion in the report by requesting a review by the vice president for institutional diversity and inclusion. A request for review must allege one or more of the following deficiencies in the investigative report:

(1) That an alleged material violation of this rule occurred that resulted in a failure to conduct a reasonably thorough investigation, in which case the matter will be remanded back to office of equity and equal opportunity for additional investigation;

(2) That new evidence exists that was not available at the time of the investigation; or

(3) The conclusion is clearly erroneous and not supported by the investigation.

Requests for review must be submitted to the vice president for institutional diversity and inclusion within five class days of the issuance of the office of equity and equal opportunity report (class days include exam week).

The request for review must be submitted in writing, stating the basis for review and with all supporting materials attached. The request for review will be shared with all parties and the office of equity and equal opportunity for their response, if any. Responses shall be filed within five class days of the parties' and office of equity and equal opportunity's receipt of the request for review.

The vice president for institutional diversity and inclusion will issue a written report and share it with all parties and the office of equity and equal opportunity.

(L) Disciplinary action

If there has been a finding of reasonable cause and a recommendation that the respondent be subjected to appropriate disciplinary action either in the office of equity and equal opportunity report or as a result of a review, the discipline, if any, to be imposed will be determined according to the procedures described in the student conduct regulations, if the respondent is a student; the Ohio civil service law or a collective bargaining agreement then in effect, whichever is applicable, if the respondent is a member of the classified staff; rule 3339-13-07 of the Administrative Code if the respondent is a member of the unclassified staff; or rule 3339-8-03 of the Administrative Code, if the respondent is a member of the instructional staff.

If disciplinary action is initiated, the complainant, the respondent, the person or office initiating disciplinary action, and the hearing officer/ body will be entitled to full access to the office of equity and equal opportunity investigation file and the file, if any, of the review.

If there has been a finding that reasonable cause exists to believe that a vendor, contractor, subcontractor, visitor, guest or other person who does business with the university has violated this rule, the matter shall be referred to the senior vice president for finance and business services for appropriate administrative action.

(M) Legal options

Complaints may also be filed with the United States department of education office for civil rights (www2.ed.gov/about/offices/list/ocr/docs/howto.html) or by consulting an attorney at the person's own expense.

(N) Miscellaneous

The university is committed to addressing all reports of harassment and discrimination in a prompt and equitable manner. The university uses its best efforts to complete the investigation of all reports within thirty calendar days. This timeline may be extended based upon the complexity, severity and extent of the alleged violation. The timeline may also be affected by the winter or spring break periods and summer or winter terms. This timeline does not include requests for review.

After a report of harassment or discrimination has been made, subsequent time limits specified in this rule may be extended by the vice president for institutional diversity and inclusion. Notice of the extension will be made in writing and will include the reason for the extension. Notification of extension will be made to both the complainant and the respondent.

It is a violation of this rule to knowingly make a false allegation of harassment or discrimination. However, failure to prove a claim of harassment or discrimination is not equivalent to making a false allegation. It is also a violation of this rule for an respondent or other person interviewed by office of equity and equal opportunity to knowingly make a false statement.

History

Effective: October 1, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-13-07

(A) Applicability

These procedures apply to all members of the unclassified administrative staff, except those identified in paragraph (F) of this rule. These procedures are applicable in instances when:

(1) The university seeks to discipline or terminate for cause an unclassified administrative staff member's annual appointment; or

(2) The university seeks to discipline, terminate, or non-renew for cause an unclassified administrative staff member who holds extended appointment status.

(B) Cause for discipline

Although not all causes for discipline (including termination) can be enumerated, cause includes, but is not limited to the following:

(1) Failure to perform duties and associated responsibilities in a satisfactory manner.

(2) Violation of university rules, regulations and/or policies.

(3) Violation of professional ethics.

(4) Violation of written directives of the president and/or board of trustees.

(5) Commission of an illegal act.

The following actions do not entitle the employee to the disciplinary procedures under this policy:

(1) Written warnings/reprimands.

(2) Performance appraisals/evaluations.

(3) Merit salary increases (or lack thereof).

(4) Failure to promote or appoint to another position.

(5) Non-renewals of annual appointments or of extended appointment-eligible positions, i.e., within the first continuous five years in an extended appointment-eligible position.

(6) Reassignment to a different position with equivalent salary.

(7) Notices of deficiencies and directives for improvement.

(8) Change in title or modification of duties or work schedule.

(9) Position eliminations.

(D) Disciplinary procedures

(1) Notice

Disciplinary procedures are initiated by an administrative department head or designee with a written notice of proposed discipline. Discipline includes, but is not limited to, suspension, termination, or non-renewal of an extended appointment. The notice must include the proposed disciplinary action and information in sufficient detail to disclose the reasons for the proposed discipline. The notice will be given to the unclassified administrative staff member, the appropriate vice president or to the president for those units that report to the president, and the appropriate personnel office.

(2) Election of staff member

A member of the unclassified administrative staff who receives a notice of proposed discipline may within five calendar days request in writing either: a hearing or a conference with the appropriate vice president or the president for those units that report to the president.

This election is irrevocable and no other procedure will be available to the unclassified administrative staff member. A written request for a hearing or conference should be directed to the appropriate vice president or to the president for those units that report to the president. If the member of the unclassified administrative staff does not within five calendar days request either a hearing or a conference, disciplinary action may be imposed by the appropriate vice president or the president for those units that report to the president; and no further review or appeal is available.

(3) Hearing procedures

(a) The hearing will be held before the appropriate vice president, or the president for those units that report to the president, or his or her designee (hereinafter referred to as the hearing officer). Note: for disciplinary action arising out of a notice of proposed discipline initiated by a vice president, the president will assign another vice president to either hear the matter or appoint a hearing officer and make the final determination.

(b) The parties to the proceeding will be the employee and the administrative department head that initiated the notice of proposed discipline.

(c) The hearing officer will determine the order of proceedings and other matters pertinent to the conduct of the hearing.

(d) Members of the unclassified administrative staff may be represented, at their own expense, by legal or other counsel. The university may elect to have legal counsel present. The university may make a record of the hearing.

(e) Both parties have the right to submit evidence and cross-examine adverse witnesses. If the hearing officer elects to accept a witness' written statement in lieu of personal appearance, the identity of the witness and the written statement shall be given to the other party, who shall have an opportunity to respond to the written statement.

(f) Witnesses, other than the employee and the administrative department head or designee, will ordinarily be present only while testifying. Each party is responsible for securing the attendance of witnesses whose testimony will be offered by such party.

(g) If the president or appropriate vice president designates a hearing officer to hear the matter, the hearing officer shall, within fourteen calendar days, issue an advisory recommendation. The president or appropriate vice president will make the final decision.

(4) Conference procedures

(a) If the unclassified administrative staff member elects a conference with the appropriate vice president or president, a conference shall be held between the appropriate vice president or the president, the unclassified administrative staff member, and the administrative department head that initially proposed the disciplinary action.

(b) The university may make a record of the conference. No opportunity to present evidence or cross examine witnesses will be provided.

(c) Unclassified administrative staff members may be accompanied, at their own expense, by legal or other counsel. The university may elect to have legal counsel present.

(d) The appropriate vice president or president will make the final decision.

(E) Interim suspension

An interim suspension may be imposed by the appropriate vice president or the president for those units that report to the president before the disciplinary procedures described in this policy are initiated or resolved.

During an interim suspension, the employee is relieved of all employment responsibilities; the employee may be prohibited from all or any portion of university premises, university-related activities, or be permitted to remain only under specified conditions prior to the conclusion of the disciplinary process.

An interim suspension will be with compensation until the disciplinary procedures are completed.

(F) Persons not covered by these procedures

These procedures apply to all members of the unclassified administrative staff, except the following:

(1) President of Miami university

(2) Members of the president's executive cabinet (provost and executive vice president for academic affairs, the vice president for finance and business services and treasurer, the vice president for student affairs, the vice president for university advancement, the vice president for information technology, the associate vice president for university communications and marketing, the associate vice president for institutional diversity, the associate vice president for enrollment management, the general counsel, the secretary to the board of trustees and executive assistant to the president, and the director of intercollegiate athletics)

(3) Academic administrators (deans, chairs, regional campus coordinators, tenured members of the faculty serving in an administrative appointment)

(G) General matters

The university is deeply committed to maintaining a disciplinary process that protects the rights of the accuser, the accused, and the institution. The university reserves the right to supplement or alter these disciplinary procedures any time it deems appropriate, with appropriate notice to all parties involved, to protect the constitutional rights of those involved or to comply with state and/or federal law. In particular, the university notes that it may well be necessary to supplement and alter these procedures in cases involving alleged sexual harassment, sexual violence, domestic violence, dating violence, and stalking in order to comply with Title IX and the Violence Against Women Act.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-8-03

(A) General

Nothing in this rule, and elsewhere as adopted by the university senate shall be interpreted to reduce the scope of authority of the committee on faculty rights and responsibilities as has been established by university regulations and usage or shall lessen faculty members' timely access to consultation with members of that committee. (See paragraph (L) of this rule regarding time limits).

(B) Matters handled by department chairs

(1) Each department chair is expected to advise any member of his or her department regarding any known failure by such member to comply with any applicable policies or guidelines, violation of standards of conduct, professional incompetence, or failure to carry out job responsibilities. This will be done on an as-needed basis or periodically in annual reviews. If problems identified by the department chair are not resolved following one or more personal meetings, and/or written communications, then the chair may issue a written summary, which will be placed in the faculty member's personnel file, along with any response from the faculty member, consistent with rule 3339-3-08 of the Administrative Code.

(2) If a faculty member is dissatisfied with his or her chair's handling of a problem under paragraph (B)(1) of this rule and has used the department's grievance or appeal procedures, the faculty member may discuss the matter with the appropriate dean. The dean will review the matter in consultation with the faculty member and department chair, and attempt to resolve the matter by agreement of all three. If the dean is unable to resolve the matter by compromise, then the dean will make a decision. The burden of proof that adequate cause exists for this decision rests with the university.

(3) The chair will review with the faculty member, and place in the departmental student complaints file, any grade review requests or complaints regarding instruction that are forwarded to the chair pursuant to the university's academic grievance procedure (as found in the most current edition of the student handbook).

(4) In the event a department chair determines that disciplinary action is appropriate in a particular case or in the event that problems persist after one or more written communications under paragraph (B)(1) of this rule, the chair may initiate a disciplinary proceeding under paragraph (D) of this rule.

(1) The procedures outlined in paragraphs (D) to (L) of this rule are applicable in cases in which it is believed that a member of the instructional staff has engaged in misconduct which has not been, or cannot be, adequately addressed by following the informal procedures described in paragraph (B) of this rule. These procedures may result in the imposition of any appropriate penalties including, by way of example in ascending order of severity: presidential letter of reprimand; mandatory training, or assessment for treatment or therapy; limitation on supplemental teaching or research opportunities; limitation on future increases in compensation; suspension with or without pay; reduction in rank; change in status from tenured to annual appointment; and dismissal.

(D) Initiation of disciplinary action

(1) Disciplinary proceedings may be initiated either by departmental action according to the procedures described in paragraph (D)(1) to paragraph (D)(3) of this rule or at the provost's direct initiation according to the process described in paragraph (D)(4) of this rule.

(a) Departmental action

(i) The department chair will submit a memorandum of information to the dean, with a copy sent to the faculty member. This memorandum must be received by the faculty member within one hundred twenty calendar days from the date when the alleged misconduct first came to the attention of one of the following: the department chair, the dean, the provost, or the president. If the alleged misconduct consists of a pattern of behavior or a series of acts in their cumulative effect, then the memorandum must be received within one hundred twenty calendar days from the date when the last instance of such behavior or the last of the series of acts first came to the attention of one of the officers listed above. The memorandum shall include the following:

(a) Information in sufficient detail to disclose fully the nature of the alleged misconduct;

(b) Reference to prior discussions and written communications on the subject, if any;

(d) A statement that the faculty member may arrange a meeting with the department chair and/or dean to discuss the matter and present the faculty member's views and information.

(ii) Additionally, the memorandum shall indicate that the faculty member must request this meeting in writing within fourteen calendar days after delivery of the memorandum of information and that the faculty member's failure to request such a meeting could result in the proposal of a disciplinary action.

(2) Divisional action

(a) After the meeting described in paragraph (D)(1) of this rule or after fourteen calendar days have passed without a request for a meeting by the faculty member, the dean will decide whether to drop the matter, ask the chair to handle it first under paragraph (B) of this rule (if it has not been handled that way already), or propose a penalty determined by the dean.

(b) If the dean determines that disciplinary action is appropriate, the dean will submit a memorandum of proposed disciplinary action to the provost, with a copy sent to the faculty member. This memorandum shall include the following:

(i) Information in sufficient detail to disclose fully the nature of the alleged misconduct and of the proposed disciplinary action;

(ii) Reference to prior discussions and written communications on the subject, if any;

(iii) Supporting documentation as appropriate;

(iv) A statement that the faculty member may obtain further review of the proposed disciplinary action by submitting a written request to the dean within fourteen calendar days after delivery of the memorandum, and that the faculty member's failure to request such review will result in the imposition of the proposed disciplinary action;

(v) A statement that the provost may initiate further review of the proposed disciplinary action by notifying the faculty member of such review in writing within fourteen calendar days after delivery of the dean's memorandum to the provost. The provost's review is not a hearing but rather an effort to determine the appropriateness of the proposed penalty.

(3) Responses to dean's memorandum

(a) If neither faculty member nor provost initiates further review. If the faculty member has not requested further review as provided by paragraph (D)(1) of this rule and if the provost has not initiated further review as provided by paragraph (D)(2) of this rule, then the dean's proposed disciplinary action will be deemed acceptable to the faculty member and the provost. In that event the chair, dean, or other appropriate administrative officer(s) will proceed to implement the proposed action and no further review or appeal will be available.

(b) If faculty member requests further review. If the faculty member requests further review, then the dean will promptly forward the request to the provost, together with the documentation generated under paragraphs (D)(1) and (D)(2) of this rule. The provost will convene a mediation committee to review the matter, following the procedures specified in paragraph (E) of this rule. Should the faculty member wish to bypass the mediation committee described in paragraph (E) of this rule, then he or she must submit to the provost a written request to do so. The request need not include any explanation of the faculty member's decision. However, a copy of the faculty member's request will be furnished to any hearing committee that may be convened to consider the matter pursuant to paragraph (G) of this rule, and it will be given such consideration as the hearing committee deems appropriate in its deliberations.

(c) If the provost initiates further review. If the provost initiates further review under paragraph (D)(2) of this rule to assess the appropriateness of the proposed disciplinary action, the provost will not convene a mediation committee (if the faculty member requested further review) but rather will ask the dean to promptly forward to the provost the documentation generated under paragraphs (D)(1) and (D)(2) of this rule. The provost may request additional information from the faculty member, the chair, and the dean. The provost may request that this information be delivered in writing, in person, or both. This review shall ordinarily take no more than fourteen calendar days. At the end of the review, the provost must send the faculty member a letter stating his or her determination. If the provost determines that a different penalty is warranted and if it is a more severe penalty than the dean proposed or not one of the penalties enumerated in paragraph (C) of this rule, the provost's letter must provide reasons for recommending the different penalty.

Within fourteen calendar days of receiving the provost's letter, the faculty member may request further review of the proposed disciplinary action either by invoking the mediation procedure described in paragraph (E) of this rule or by requesting to bypass the mediation procedure and proceed directly to a hearing before the committee on faculty rights and responsibilities in the manner described in paragraph (D)(3)(b) of this rule.

If the faculty member does not request further review, the provost's proposed disciplinary action will be deemed acceptable to the faculty member and the provost. In this event, the provost will proceed to implement the proposed action, and no further review or appeal will be available.

(4) Provost's direct initiation of disciplinary action

(a) Disciplinary action may also be initiated directly by the provost, upon the provost's own initiative or based upon a signed written complaint alleging misconduct by a faculty member.

(b) The provost will consult with the department chair and divisional dean prior to initiating disciplinary action. As a result of the consultation, the provost may refer the matter to the department chair and dean for proceedings in conformity with paragraphs (D)(1) to (D)(3) of this rule. In the event the provost determines it is appropriate to proceed directly with disciplinary action, the provost shall submit a memorandum of proposed disciplinary action to the faculty member, with copies sent to the department chair and dean. This memorandum shall include the following:

(i) Information in sufficient detail to disclose fully the nature of the alleged misconduct and of the proposed disciplinary action;

(ii) Reference to prior discussions and written communications on the subject, if any;

(iii) Supporting documentation as appropriate;

(iv) A statement that the faculty member may obtain a hearing on the matter before the faculty rights and responsibilities or may invoke the mediation process described in paragraph (E) of this rule by submitting a written request to the provost within seven calendar days after receipt of the provost's memorandum. If mediation is requested but fails, the faculty member may obtain a hearing before the committee on faculty rights and responsibilities by submitting a written request within seven days after receipt of the memorandum from the chair of the mediation committee (described in paragraph (E)(5) of this rule). If the faculty member does not make a timely request for the mediation procedure or a hearing before the committee on faculty rights and responsibilities, the provost's proposed disciplinary action will be deemed acceptable to the faculty member and no further review or appeal will be available.

(E) Mediation procedure

(1) The following mediation procedure is applicable in all cases in which it has been properly invoked under paragraph (D)(3) or (D)(4) of this rule.

A mediation committee consisting of three members will be convened when a timely request has been made to the dean and forwarded to the provost or made directly to the provost. The provost's office will secure appointments to the committee by promptly contacting the following parties, each of whom will appoint one of the three committee members within fourteen calendar days:

(a) The committee on faculty rights and responsibilities will appoint a former member of that committee still employed at the university.

(b) The faculty member.

All members of the mediation committee must be either tenured members of the faculty or members of the administration holding tenurable faculty rank and may not be serving on the committee on faculty rights and responsibilities.

(2) The mediation committee will convene within a time period specified by the provost, not to exceed thirty calendar days. The member appointed by the committee on faculty rights and responsibilities will serve as chair.

(3) The faculty member and either the dean or the provost (if the provost has proposed the penalty under paragraph (D)(2) or (D)(4) of this rule) are expected to attend the mediation meeting. Attendance by legal counsel will not be permitted. Attendance by other individuals will be at the discretion of the mediation committee. The meeting will ordinarily be private and confidential to the extent permitted by law. The mediation committee will review the documentation generated under paragraphs (D)(1) and (D)(2) of this rule. In its discretion, the mediation committee may also review other information presented to it by any of the parties. The mediation committee will endeavor, at the meeting, to mediate and conciliate the dispute, and to bring about an agreed resolution. The members of the mediation committee may, in their discretion, schedule one additional mediation meeting, to be held within fourteen calendar days after the first. Faculty members participating in the mediation procedure shall be afforded opportunity, not to exceed twenty-one calendar days, to reflect on offers and consult counsel before rendering their decisions.

(4) If an agreement is reached as a result of the mediation procedure, a memorandum of mediation agreement will be prepared by the chair of the mediation committee and signed by the chair and both parties. The chair of the mediation committee will report to the provost, without elaboration, that the matter has been resolved. If the provost was not a party to the mediation, the mediation agreement is subject to the approval of the provost. If the provost approves the agreement, the agreement will be promptly implemented. If the provost does not approve the agreement, he or she must notify the faculty member in writing, and the matter will proceed under paragraph (G) of this rule.

(5) If the matter is not resolved as a result of the mediation procedure, the chair of the mediation committee will report this outcome in a memorandum without elaboration. The memorandum will be sent to the faculty member, the dean, if the dean participated in the mediation, and the provost. The matter will then proceed under paragraph (G) of this rule.

(6) Once the mediation committee has either resolved the matter under paragraph (E)(4) of this rule or advised the provost that mediation was unsuccessful under paragraph (E)(5) of this rule, the mediation committee will not make any other finding or recommendation nor take any other action in the matter. Neither the mediation committee nor any of its members will retain any written or other record of any of the mediation committee's meetings or actions, except as provided in paragraph (E)(4) or (E)(5) of this rule.

(F) Failure of mediation in cases initiated by departmental action

(1) If disciplinary action is initiated by the department chair and if the provost receives a report under paragraph (E)(5) of this rule that mediation has not been successful or a written request under paragraph (D)(3)(b) or (D)(3)(c) of this rule to bypass mediation, the provost will review the documentation generated under paragraphs (D)(1) and (D)(2) of this rule, and consider the matter. The provost may discuss the matter with the parties and solicit additional information. Within fourteen calendar days after receipt of a report under paragraph (E)(5) of this rule or a written request under paragraph (D)(3)(b) or (D)(3)(c) of this rule, the provost will notify the faculty member, department chair, and dean which of the following courses of action he or she decided on:

(a) To proceed with disciplinary action as proposed, and with penalty as recommended, by the dean;

(b) To proceed with disciplinary action proposed by the dean, but with a different penalty;

(d) If no decision is made within fourteen calendar days by the provost, the disciplinary action is at an end, and no further action on the alleged misconduct is available to the university.

(G) Request for hearing before the committee on faculty rights and responsibilities in cases initiated by departmental action

(1) If disciplinary action is initiated by the department chair and if the provost decides to proceed with disciplinary action and the faculty member is dissatisfied, the faculty member may obtain a hearing on the matter before the committee on faculty rights and responsibilities by submitting a written request to the provost, with a copy sent to the chair, within seven calendar days after receipt of the provost's memorandum.

(a) If a hearing is timely requested, the hearing procedures described in paragraph (H) of this rule will be followed.

(b) If a hearing is not timely requested, the provost's recommendation will be final, and no further review or appeal will be available.

(H) Hearing procedure

(1) The following hearing procedure is applicable in all cases that involve a member of the faculty and to which the hearing procedure is made applicable by any provision of agency 3339 of the Administrative Code (including paragraphs (D)(4) and (G) of this rule); and in any case that is initiated by a faculty member's exercise of an option to proceed under this paragraph even though the case may have arisen under other university policies or procedures.

(a) Convening of hearing committee

The hearing committee will be made up as follows:

(i) In all cases the hearing committee will consist of all currently-sitting members of the committee of faculty rights and responsibilities who will be available during a period of time the case will be under consideration. A case may not proceed under this paragraph with fewer than five committee members unless all parties have given their written consent.

(ii) Any request that an individual member of the hearing committee be removed, based upon a claim that such member cannot be impartial in the particular case, will be resolved by the chair of the committee on faculty rights and responsibilities, unless the challenge is to the chair of rights and responsibilities, in which case the challenge will be resolved by the vice chair of the committee.

(iii) The provost's office, in consultation with the chair of the committee on faculty rights and responsibilities, will provide the hearing committee with staff support, including maintenance of the committee's records and assistance in scheduling its meetings and hearings.

(iv) Once the hearing committee has been convened, the documentation generated under paragraphs (D)(1) and (D)(2) or (D)(4) of this rule will be made available to the committee members for their review, and will be retained as part of the committee's file on the case.

(b) Prehearing conference

(i) The hearing committee will schedule a pre-hearing conference, to be attended by the faculty member, the provost, and any representatives permitted under the guidelines set forth in paragraph (H)(4)(c) of this rule. The department chair and dean may also attend the conference and the hearing, in the discretion of the provost. Ordinarily, a memorandum of the conference will be prepared by the committee and supplied to those in attendance and their representatives. The following matters should be among the goals for the conference:

(a) Provide opportunity for either party to object to participation by any hearing committee member because of perceived bias or otherwise;

(b) Review existing documentation and identify any additional documentation to be provided at the hearing;

(d) Obtain clear understanding as to each party's recommended outcome;

(e) Clarify representation; establish who is to receive notifications;

(f) Obtain lists of witnesses and evidence to be offered at the hearing;

(g) Establish schedule for exchange of additional documentation and witness lists;

(h) Obtain requests for committee assistance in securing the attendance of witnesses;

(i) Discuss anticipated logistical and evidence problems;

(j) Discuss any possibility of summary disposition (See paragraph (H)(3) of this rule);

(k) Invite any further written submissions;

(l) Review scheduling problems; consider convenience of expected witnesses; schedule hearing;

(m) Explain and discuss hearing procedures.

The hearing committee may, when a faculty member decides he or she does not wish a full hearing, process cases without a hearing by proceeding directly to make a recommendation as provided in paragraph (H)(4)(m) of this rule. Prior to making a summary recommendation, the committee will first discuss its proposed course of action at a meeting with both parties and will consider any objections to such procedure. It may also invite the parties to furnish documentary evidence, written statements, or other materials, in addition to the documentation submitted under paragraphs (D)(1) and (D)(2) or under paragraph (D)(4) of this rule, to assist the committee in this process. After considering the matter, the committee may decide the case summarily if convinced that substantially all pertinent evidence has been brought to its attention, and that any remaining issues of interpretation can be adequately considered without a hearing.

(d) Hearing guidelines

(i) Neither the hearing committee nor any of its members should engage in any investigative or fact-finding activities outside a meeting or hearing of the hearing committee at which both parties have the opportunity to be present. Individual members of the hearing committee should not discuss the matter outside of such a meeting or hearing.

(ii) All communications from the committee will go to both parties. All communications from either party to the committee will also go to other party.

(iii) The faculty member and the provost, as parties to the proceeding, are expected to be present for the hearing. Both may be represented by legal or other counsel, who may present written and testimonial evidence, question witnesses, and present arguments, all subject, however, to the control of the committee. In a disciplinary hearing, as opposed to a grievance hearing, the presence and advice of legal counsel or other counsel will be permitted. Upon request, the committee, at its discretion, may permit either party to have more than one representative, and may define or limit the participation of any such additional representative(s).

(iv) The hearing will be under the control of a member of the committee who has been designated to act as chair. Such chair shall have authority to take action to preserve decorum, to protect parties and witnesses, to rule on matters of procedure and evidence, and to otherwise control the conduct of the hearing, subject to the ultimate authority of the whole hearing committee.

(v) Both parties, or their respective representatives, shall have the right to submit evidence and cross-examine all adverse witnesses who testify in the matter.

(vi) The hearing will ordinarily be private and confidential to the extent permitted by law. Witnesses other than the provost, department chair, dean and faculty member will ordinarily be present only while testifying.

(vii) The committee will not be informed of discussions held in connection with any mediation meeting on the case under paragraph (E) of this rule, and members of the mediation committee will not be permitted to provide testimony or other evidence regarding the mediation procedure.

(viii) Each party will be responsible for securing the attendance of witnesses whose testimony will be offered by such party. However, the committee will reasonably assist either party by requesting that witnesses attend and give testimony and itself can call additional witnesses or request documentation.

(ix) Pertinent records and exhibits may be accepted as evidence for consideration by the hearing committee.

(x) Formal rules of evidence will not be followed; the committee may receive any evidence that it believes to be of probative value.

(xi) The hearing committee will determine the order of proceedings and other matters pertinent to the hearing. Normally, the following order will apply:

(a) Opening statements, if desired;

(b) Presentation of evidence in support of the claim that misconduct has occurred and the proposed penalty;

(d) Presentation of any evidence by either party that might rebut claims made by the other party;

(e) Closing statements, if desired.

(xii) At the university's option, the hearing will be recorded electronically or by reporter. The original record shall be the property of the university. A copy will be made available at cost to the faculty member upon request.

(xiii) At the conclusion of the hearing, the hearing committee will deliberate in private. The hearing committee will provide a written report within fourteen calendar days after the conclusion of the hearing. The report will include findings of fact, conclusions drawn from these facts and recommendations. At its discretion, the hearing committee may include observations germane to the case.

(xiv) Once the hearing committee has transmitted its report to the parties, it will assemble all items of evidence and other documents that it considered in the matter, the record of the hearing, its report, and any other important records of the proceeding, and place them in the committee's file on the case together with the original documentation submitted under paragraphs (D)(1) and (D)(2) or (D)(4) of this rule.

The committee's files will be held by the office of the provost. The notes of individual committee members will be discarded.

(xv) Implementation. All recommendations made by the committee on faculty rights and responsibilities are to be implemented promptly unless appealed to the president.

If there is no appeal and the hearing committee has recommended that some action should be taken by a chair, dean, or other university official, the committee will notify that person to implement the recommendation promptly. If a person modifies or fails to act on the committee's recommendation, the committee may ask the president to order that its recommendation be carried out. If the recommendation is modified or not implemented, the committee may report this to faculty assembly for its action or instructions.

(I) Appeal to the president

(1) The report of the hearing committee may be appealed to the president within seven calendar days of receipt. Appeals to the president must be made in writing, with copies sent to both parties and to the committee on faculty rights and responsibilities. The following appeal procedure is applicable:

(a) The party appealing must specify the basis for objection to the hearing committee's report. Failure to so specify may result in dismissal of the appeal.

(b) The president will establish a schedule for the submission of materials and for the completion of any other steps involved in the appeal.

(c) The president will allow the parties to present argument on appeal. The president may decide whether to receive these arguments in writing, in person, or both. Regardless of the method used to present arguments, the president will allow each party to learn what the other has said and rebut these statements.

(d) The president's review on appeal will ordinarily be limited to those specific issues of fact, conclusions, or recommendations brought to his or her attention by the party appealing.

(e) The president shall be bound by the findings of fact made by the committee on faculty rights and responsibilities unless those findings are against the greater weight of the evidence. Due deference must be accorded to findings of fact of the committee on faculty rights and responsibilities since it is the committee who is best able to observe the demeanor of witnesses and weigh their credibility.

(f) After deliberating on the appeal, the president may respond to the hearing committee's report in the following ways:

(i) The president may concur with and order the hearing committees recommendations to be implemented immediately, unless there is an appeal to the board of trustees;

(ii) The president may remand the matter to the hearing committee for further consideration, and shall remand the matter to the hearing committee if the president disagrees with any of the committee's findings of fact, stating why; or

(iii) The president may reach different conclusions and/or determine not to follow the recommendations of the hearing committee, but only after consultation with the hearing committee. If, after the remand under paragraph (I)(6)(b) of this rule and after consultation with the committee, the president disagrees with the findings of fact the committee because, in the president's judgment, they are against the greater weight of evidence, the president may reach new findings. In any event, however, the hearing committee's conclusions, recommendations, and the findings of fact will remain unaltered as part of the record of the case.

(g) The president will promptly provide a written report of his or her decision on the appeal to the faculty member and to the hearing committee.

If the president, after consultation with the hearing committee, does not accept the hearing committee's conclusions or recommendations, the committee may report this to faculty assembly. If the president, after consultation with the hearing committee, does not accept the hearing committee's findings of fact, the committee must report this to faculty assembly. The committee may report to faculty assembly in either its annual report or by placing it on the agenda of a meeting of the faculty assembly for its actions or instructions.

(h) If the matter is remanded by the president to the hearing committee, copies of the remand determination and its reasons shall be provided to both parties. The hearing committee will reopen the proceedings and, at the conclusion thereof, submit a supplemental report to the president, the provost, and the faculty member. The president may then act according to the options afforded by paragraph (I)(6) of this rule as if acting on the hearing committee's original report, except that a matter may be remanded only once unless the hearing committee agrees to additional remands.

(J) Appeal to the board of trustees

(1) The president's decision may be appealed to the board of trustees, which has ultimate authority to take final action to promote the best interest of the university and to protect individual rights. The appeal must be filed with the secretary to the board within fourteen calendar days of receipt of the president's decision. The board shall review the record; the report and supplemental report, if any, of the hearing committee; and the written decision and remand determination, if any, of the president. In its review, the board may consult with the president and shall give both parties an opportunity to present argument to it. The board may decide to receive these arguments in writing, in person, or both. The board's action is final and shall be accompanied by a statement in writing setting forth its reasons.

(K) Interim suspension

(1) An interim suspension is a suspension imposed by the provost before the disciplinary procedures described in this rule are initiated or resolved.

(2) During an interim suspension, a faculty member is relieved of all employment responsibilities. Additional terms of suspension, such as loss of office and library access, may also be imposed.

(3) During an interim suspension, the faculty member's compensation will be continued until the procedures described in this rule are completed or twelve months have passed, whichever occurs earlier. Thereafter, after an order to the faculty member to show cause why the compensation should not be terminated, the provost may, upon due consideration, continue or discontinue compensation. Additionally, the provost may lift the interim suspension before the completion of the disciplinary procedures described in this rule.

(a) The provost initiates an interim suspension by informing the faculty member of the suspension orally or in writing. If the initial notification is given orally, the faculty member shall also receive written notification. Both the oral and written notifications shall include the following information:

(i) The terms of the interim suspension;

(ii) The reason for the interim suspension;

(iii) The faculty member has a right to request a meeting to be held before five p.m. the next business day with the provost, as described in paragraph (K)(2) of this rule.

(iv) The faculty member's right as described in paragraph (K)(3) of this rule to have the committee on faculty rights and responsibilities review the provost's decision to impose an interim suspension or any of its additional terms.

(b) The faculty member may request a meeting to be held before five p.m. the next business day with the provost for the purpose of opposing the interim suspension or any of its additional terms.

(c) Whether or not the faculty member has met with the provost, the faculty member may request that the committee on faculty rights and responsibilities meet with the faculty member and with the provost to review the provost decision to impose an interim suspension or any of its additional terms. The meeting(s) shall be held within three calendar days of the faculty member's request. For the purpose of the meeting(s), a quorum of the committee on faculty rights and responsibilities shall consist of members of the committee who can be convened during this time period.

(d) The committee on faculty rights and responsibilities shall, within twenty-four hours of the last of the meeting(s) with the provost and faculty member, make a recommendation to the provost that the interim suspension be continued, modified or lifted.

(L) General matters

(1) References in this rule to a particular officeholder are to be read as including another person serving in an acting or interim capacity for the officeholder and, except in the case of the president, any other person designated by the officeholder to serve in his or her stead. It is understood that for regional campus faculty the dean of the regional campuses will be consulted by the chair and dean and may be involved in these procedures to whatever extent is appropriate.

(2) In cases in which a hearing is held under paragraph (H) of this rule as a result of a referral or election made in a proceeding initiated under a different university policy or procedure:

(a) The hearing and appeal procedures will be adapted as necessary in order to allow for active participation by one or more complainants or university officials previously involved in the matter.

(b) The documentation provided to the hearing committee under paragraph (H) of this rule will be the documentation generated in the initial phase of the university procedure under which the proceeding was initiated.

(3) Time deadlines specified in this rule may be extended by agreement of the provost and faculty member or, in the absence of such agreement, by decision of the chair of the committee on faculty rights and responsibilities.

(4) The running of any time period specified in these procedures will be suspended during:

(a) Thanksgiving recess.

(b) Winter recess.

(d) The interval between the end of final examinations for spring semester and the date on which faculty are required to report for the fall semester.

(5) Disciplinary action is generally treated as confidential to the extent permitted by law. However, individuals involved, including witnesses, may be advised of the final outcome at the discretion of the president.

(6) Increases in salary and promotion in rank are based on merit and are not matters of right. Therefore, failure to grant either or both to a faculty member is not disciplinary action within the meaning of these procedures. However, a tenure, promotion or salary decision may be grieved on the basis of alleged procedural error, or academic freedom violation, or improper discrimination. Persons wishing to pursue this course are directed to rule 3339-8-01 of the Administrative Code, which describes the university grievance procedures.

(7) The committee on faculty rights and responsibilities is deeply committed to maintaining a disciplinary process that protects the rights of the institution, the accuser and the accused. The committee on faculty rights and responsibilities reserves the right to supplement or alter these disciplinary procedures any time it deems appropriate to protect the constitutional rights, including the right to academic freedom, of those involved or to comply with state and/or federal law. In particular, the committee notes that it may well be necessary to supplement and alter these procedures in cases involving alleged sexual harassment, sexual violence, domestic violence, dating violence, and stalking in order to comply with Title IX and the Violence Against Women Act.

History

Effective: October 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-07 Infectious disease.

In the event any public health organization (e.g. Butler county department of health, the Ohio department of health, the U.S. department of health and human services, or the center for disease control) determines a public health emergency exists at Miami university or threatens members of its community or to the surrounding population (e.g. an outbreak of an infectious disease that poses a threat to the health or safety of the university community), the president and/or the president's designees, may take such actions as are appropriate to protect the health and safety of the university's students and staff. Subject to the limitations imposed by law, the provisions of this policy take precedence over any inconsistent provisions of university policy to the contrary.

(A) Infectious diseases include:

(1) Pandemic influenza

(2) Meningococcal meningitis

(3) Tuberculosis (TB)

(4) Measles

(5) Mumps

(6) Hepatitis A

(7) Bioterrorism event using a communicable agent

(B) Other less serious infectious diseases, such as seasonal influenza, and community acquired mrsa skin infections will be handled on a case-by-case basis.

(1) the university will, to the extent applicable, implement the directives of the public health organization including but not limited to isolation and quarantine measures, treatment of patients and prophylactic treatment of contacts;

(2) the university will, in accordance with law, share information with the public health organization to assist in the tracking, investigation, treatment and containment associated with the public health emergency. On-campus medical providers will not discuss a student's or staff member's diagnosis with any other person without explicit authorization of the patient except as required by law;

(3) Where the public health agency recommends the exclusion from the classroom, workplace or extracurricular activities of persons who are infected with a communicable disease or who are at risk of infection, the university may implement those recommendations as though they were directives.

(4) Where the public health agency recommends vaccination of persons who are infected with a communicable disease or who are at risk of infections, the university may condition continued attendance, residence or participation in instructional activities or continued admission to assigned workplaces upon receipt of such recommended vaccinations.

(D) Pre-emptive actions taken in reliance on reasonable medical judgment.

In the event that circumstances arise that require immediate action without time for consultation with the public health agency, or in which the public health agency guidance is directed primarily to individuals rather than to institutions, the president and/or his designees may institute temporary measures to restrict students, employees or visitors from participation in institutional activities, including regularly assigned employment responsibilities, if it is determined on the basis of reasonable medical judgment that the individual's continued participation in those activities poses an unacceptable risk of infectious transmission to others.

(1) For purposes of this section, reasonable medical judgment must be tendered by a physician licensed to practice in the state of Ohio, and

(2) It must be based upon due consideration, given the state of medical knowledge, about:

(a) The nature of the risk

(b) Duration of the risk

(d) The probabilities the disease will be transmitted and cause substantial harm to a significant number of infected persons.

(E) Persons displaced by pre-emptive response measures.

Where measures undertaken pursuant to this policy prevent students from participating in regularly assigned instructional or extracurricular activities, or employees from reporting to their regularly assigned workplaces, the university will make reasonable efforts to provide alternative means to pursue educational or extracurricular activities or to carry out assigned employment responsibilities.

(F) University action following notification of a public health emergency.

In consultation, with appropriate health center and public health officials, the president or his designees will develop a treatment and containment of infection plan. The plan will include:

(1) Outbreak containment measures

(2) Isolation and quarantine recommendations

(3) Treatment of patients and prophylactic treatments of contacts

(4) Necessary immunization of students and staff

(5) A communication plan for keeping the community informed

(G) Health center director responsibilities- the health center director will:

(1) Implement the treatment and containment of infection plan in consultation with the appropriate university personnel and/or public health organizations.

(2) Serve as communication interface with the university community for updated disease information and treatment postings to university websites.

(3) Collaborate with university personnel and county /state health agencies to determine if isolation and/or quarantine are necessary.

(4) Assure compliance of state required documentation for disease notification and case investigation.

(5) Coordinate additional staffing measures and/or extended hours of operation of health services. Organize prophylactic treatment and immunization delivery as requested by Butler county health department or as deemed necessary by the university.

(6) Assist in developing appropriate protocols or policies to allow affected student(s) and staff to return to campus. Depending on the nature of the outbreak, students or staff may be required to be medically cleared by the health center to return to campus or present written documentation from his/her treating physician or primary care provider documenting that the individual is medically cleared (i.e., is no longer infectious to others) and is able to return to school or work as of a specified date.

History

Effective: November 5, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-15 Employment of members of the same family.

Miami university imposes no restrictions on the concurrent employment of members of the same immediate family except the following:

(A) One immediate family member may not supervise another or be in the supervisory line. No individual may be assigned to a department or a unit under the direct or indirect supervision of an immediate family member. Students may not work in the same department as another immediate family member. An agreement must be reached as part of the terms of the initial appointment designating the position to which the individual will report. This agreement is subject to the approval of the senior administrator of the division in which the person is employed. If the individual is an immediate family member of the senior administrator of the division, then the agreement is subject to the approval of the appropriate vice president or the president, as applicable. Supervision includes the awarding of any benefits (e.g., promotion, retention, salary, leaves of absence, etc.).

(B) Each immediate family member must be judged on his or her own merits and shall not be prejudiced (favorably or unfavorably) by the employment of another immediate family member or by their activities, status, rank or position.

(C) Each immediate family member must conduct himself or herself in accordance with all applicable state ethics laws and university ethics policies (See conflicts of interest/commitment, rule 3339-3-12 of the Administrative Code,).

(D) Specifically, immediate family members may not:

(1) Participate in searches or initial appointment decisions if an immediate family member is a candidate for the position.

(2) Authorize, vote upon, discuss, deliberate, recommend, or otherwise use the authority or influence of his or her position, formally or informally, to secure the employment, retention, promotion, or tenure of an immediate family member or to approve payment to an immediate family member for services rendered in his or her public employment. This provision does not prohibit immediate family members from providing requested factual information regarding the immediate family member's work-related activities (e.g., spouses who are co-authors on research or scholarly papers may provide factual information on the nature of the co-authorship and contributions of each for evaluation, promotion and/or tenure purposes).

For the purpose of this policy, "immediate family" includes the following relatives, regardless of where they reside: spouse or domestic partner; children (whether dependent or not); siblings; parents; grandparents; and grandchildren. It also includes any other person related by blood or by marriage and living in the same household.

History

Effective: November 5, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-16 Reporting romantic and sexual relationships in the instructional and supervisory setting.

Instructional, unclassified administrative and classified staff, and graduate students may not exercise supervisory responsibility or other university responsibility or authority over family members or other employees with whom they have a romantic or sexual relationship. Supervisory responsibility includes any relationship wherein one person has the power or authority to alter or influence the responsibilities, duties, terms, and/or conditions of employment of another. Those with supervisory responsibility as used in this policy are not limited to direct or first-line supervisors.

Any instructional, unclassified administrative or classified staff member, or graduate student who is having a romantic or sexual relationship with a person over whom he or she has supervisory responsibility, or other university responsibility or authority must notify his or her immediate supervisor of the relationship. The instructional, unclassified administrative or classified staff, or graduate student must be removed immediately from all decision-making processes and positions of authority concerning the person with whom he or she is having the relationship. The university requires the resolution of all conflicts of interest created by the relationship.

Failure to report the relationship, to cooperate in the transfer of responsibility and authority, or to resolve all conflicts of interest are grounds for discipline, up to and including termination, under appropriate university policies.

Last updated November 2, 2021 at 10:14 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-17 Retirement.

Miami university has no mandatory retirement age. A written notice is requested in case of service retirement. In order to assure an orderly transition, it is requested that at least ninety days written notice be given to the appropriate personnel office.

See also "retirement with rehiring contracts," rule 3339-9-01 of the Administrative Code which requires application at least six months prior to retirement.

History

Effective: November 3, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-18 Drug-free workplace.

(A) Purpose

Miami university is dedicated to providing a safe, healthy and efficient work place for its employees and for the entire university community.

(B) Policy

(1) The illegal use of drugs or alcohol in the work place or on university property or as part of any university activity is strictly prohibited.

(2) Employees may not be under the influence of drugs or alcohol in the work place.

(3) The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance on university property or as part of any university activity is strictly prohibited.

(4) Students and employees must notify Miami university of any criminal drug statute conviction for a violation occurring on university property no later than five days after such conviction.

(5) Any student who violates any portion of this policy will be subject to disciplinary action, including suspension or dismissal, under the "code of student conduct." Any employee who violates any portion of this policy will be subject to disciplinary action up to and including discharge under the appropriate disciplinary procedures.

(6) The university reserves the right to include completion of an appropriate rehabilitation program as a disciplinary sanction.

(7) For a description of the applicable legal sanctions under local, state or federal law for the unlawful possession, use, or distribution of illicit drugs and alcohol, the health risks associated with the use of illicit drugs and the abuse of alcohol or a description of drug and alcohol counseling, treatment, rehabilitation, or re-entry programs that are available to employees or students, please consult Miami's annual publication, "your right to know."

As a recipient of federal funding, such as student financial aid and federal grants and contracts for research, Miami university is required to follow federal law including the Safe and Drug Free Schools and Communities Act and the Drug Free Workplace Act. In order to comply with these laws, Miami university prohibits the manufacture, dispensation, possession, use, or distribution of marijuana in any form on any university-owned property, in the conduct of university business or as part of any university activity. On September 8, 2016, Ohio law permitted certain activities related to the possession and use of medical marijuana. On December 7, 2023, Ohio law permitted certain activities related to the possession and use of recreational marijuana. However, using and possessing marijuana continues to be prohibited by and a violation of university policy and remains a crime under federal law.

This prohibition applies even when the possession and use would be legal under the laws of the state of Ohio. As a result, no person is permitted to use marijuana on campus, in the conduct of university business or as part of any university activity, including those with medical marijuana prescription/cards. Sanctions for students and employees who are found to be in possession of or using marijuana include suspension, dismissal and/or termination of employment.

This prohibition does not extend to research related to marijuana that is approved by:

(1) The agency for health care research and quality;

(2) The national institutes of health;

(3) The national academy of sciences;

(4) The centers for medicare and medicaid services;

(5) The United States department of defense;

(6) The centers for disease control and prevention;

(7) The United States department of veterans' affairs;

(8) The drug enforcement administration;

(9) The food and drug administration;

(10) Any board recognized by the national institutes of health for the purpose of evaluating the medical value of health care services.

The university will accommodate students who are legally authorized Ohio medical marijuana users. These students may submit a letter asking to be released from their university housing and dining obligations to the dean of students at deanofstudents@miamioh.edu.

Last updated December 28, 2023 at 7:19 PM

History

Effective: December 28, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-20 Disruptive behavior and the 1219 procedure.

Ohio House Bill 1219 provides for possible suspension from university employment upon arrest and for termination of university employment upon conviction of any of the criminal offenses enumerated in division (D) of section 3345.23 of the Revised Code.

(A) Procedure upon arrest

(1) House Bill 1219 requires that Miami suspend a university employee who is arrested for any of the criminal offenses enumerated in division (D) of section 3345.23 of the Revised Code, when either of the following conditions applies:

(a) The offense is committed on university property or affects university persons or property.

(b) The offense is committed in the immediate vicinity of Miami if an emergency has been declared and is in effect pursuant to section 3345.26 of the Revised Code.

(2) A hearing will be held no more than five days after arrest (continuances may be granted which may not exceed a total of ten days).

(3) The hearing shall be fair and impartial, but the formalities of criminal process are not required. The hearing shall be adversary in nature. The individual whose suspension is being considered has the right, at his or her own expense, to be represented by legal counsel. The person also has the right to cross examine witnesses, to testify, and to present the testimony of witnesses and other evidence. In the absence of a waiver of the right against compulsory self-incrimination, the testimony given at the hearing by the person whose suspension is being considered shall not subsequently be used in any criminal proceeding against the person. The hearing shall be held before a referee appointed by the Ohio department of education.

(4) If the referee finds by a preponderance of the evidence that the person committed any offense covered by division (D) of section 3345.23 of the Revised Code, the referee shall take one of the following actions:

(a) Order the person suspended immediately.

(b) Permit the person to return to Miami under terms of strict disciplinary probation. The referee shall take this action only if the good order and discipline of Miami will not be prejudiced or compromised thereby. Subsequent violation of the terms of the probation automatically causes a suspension.

(5) The suspension is in effect until the person is acquitted or convicted of the offense. If the individual is convicted, the individual's employment is automatically terminated. Upon acquittal, or upon any final judgment not resulting in a conviction of the offense charged, the following actions occur:

(a) The suspension or probation resulting from the 1219 procedure is automatically terminated.

(b) The individual is reinstated, provided that no other disciplinary action has been taken (see paragraph (C) of rule 3339-3-20 of the Administrative Code.)

(c) The record of the suspension or probation made under the 1219 procedure is expunged from the individual's university record.

(6) Any suspension under this provision shall be without pay (division (C) of section 3345.23 of the Revised Code). An order of the referee may be appealed to the court of common pleas within twenty days after the date of the order.

(B) Procedure upon conviction

(1) According to Ohio law, a university employee is subject to immediate dismissal if the person is convicted of any of the offenses enumerated in division (D) of section 3345.23 of the Revised Code, when either of the following conditions applies:

(a) The offense is committed on university property or affects university persons or property.

(b) The offense is committed in the immediate vicinity of Miami if an emergency has been declared and is in effect pursuant to section 3345.26 of the Revised Code.

(2) Upon notification of the conviction, the president or president's designee shall immediately notify the person, in writing, by certified mail delivery, of the dismissal and offer the individual the opportunity to be heard. The hearing shall be limited to the issues of whether the individual was in fact the individual so convicted and whether the conviction is for an offense enumerated in division (D) of section 3345.23 of the Revised Code.

(3) The contract of a faculty or administrative staff member or other employee so dismissed is terminated upon dismissal. No salary or wages shall be paid or credited to the individual after dismissal.

(4) A faculty or administrative staff member or other employee dismissed pursuant to this rule may be re-employed at the discretion of the board of trustees but only after the lapse of one calendar year following dismissal.

(5) If the conviction is reversed on appeal, the individual shall be reinstated, the record of the dismissal shall be expunged from the individual's university record, and the dismissal shall be deemed never to have occurred.

(6) Sections 3345.22 and 3345.23 of the Revised Code for the full text of the statutes. See the student handbook for a list of criminal offenses which trigger these procedures.

(1) An individual suspended, placed on probation, or dismissed under these procedures has no right to any other hearings or procedures provided under the policies, procedures, or rules of Miami university.

(2) The university has the right, however, to pursue disciplinary action in accordance with the policies, procedures or rules of Miami university, up to and including dismissal, against any faculty or administrative staff member or other employee at the same time that a 1219 procedure is engaged and/or at the same time as criminal proceedings, even if the criminal charges involving the same incident are not complete, have been dismissed or were reduced. (see section 3345.24 of the Revised Code.)

History

Effective: November 13, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-21 Reporting and addressing illegal activity and misconduct.

(A) General

Miami university is committed to conducting its affairs ethically and in accordance with federal and state laws and regulations, as well as university policy. Each member of the faculty and staff shares in this responsibility.

The university is committed to preventing and correcting violations of law and university policy. These violations most often result from lack of information, inadvertence, or mistake. On rare occasions violations are the result of deliberate misconduct. Illegal, unethical or otherwise inappropriate behavior in violation of Miami university's policies is not acceptable.

The university expects all faculty and staff to report any suspected criminal activity to law enforcement. If you suspect or have knowledge of criminal activity occurring on university property or involving university faculty, staff or students, call the Miami university police department at 513-529-2222 (in an emergency, please dial 911 immediately).

Ohio law (section 2921.22 of the Revised Code) requires every person, who knows that a felony has been or is being committed, to report it to law enforcement. Failure to report may be a criminal offense.

Ohio's Collin's law (division (A) of section 2903.311 of the Revised Code) requires all university administrators, staff, faculty members, consultants, alumni and volunteers to report any knowledge of hazing to a law enforcement agency in which the victim of hazing resides or in which the hazing is occurring or has occurred. Failure to report is a criminal offense. If you have knowledge of hazing, you are required to report it to the office of community standards. The office of community standards, upon receipt of the report, will notify the appropriate law enforcement agency to comply with the law.

Ohio law (section 2151.421 of the Revised Code) further requires teachers, school administrators, speech pathologists, psychologists, doctors and others to report suspected child abuse. Suspected child abuse may be reported directly to the police, to Butler county children services at 1-800-325-2685, or at http://www.bccsb.org/content/reportAbuse/reportAbusehome.cfm.

This procedure has been developed to provide a process for good-faith reporting of violations of law or regulations or otherwise inappropriate behavior in violation of Miami university's policies.

(B) Internal reporting

Employees and students are expected to report good-faith concerns about illegal, unethical or otherwise inappropriate behavior in violation of Miami university's policies. Criminal activity occurring on university property or involving university faculty, staff, or students should be reported to the Miami university police department at 513-529-2222 (in an emergency, please dial 911). This includes hazing and sexual misconduct.

Employees are encouraged to immediately report their concerns about illegal, unethical or inappropriate behavior to their supervisors, the central office responsible for addressing these concerns (see chart in this policy), the appropriate vice president, or the president of the university. Students are encouraged to report their concerns to the dean of students, the vice president for student life, the central office responsible for addressing these concerns (see paragraph (F) of this rule) or the president of the university.

Persons who do not feel comfortable making an internal report may make an anonymous report to the university's confidential reporting agent, ethicspoint, by calling the toll-free hotline (1-866-294-9544) or in writing at http://www.ethicspoint.com. Hotline calls are not recorded. Ethicspoint system is maintained on a secure third-party server and ip addresses are stripped from internet-based communications to ensure that anonymity is maintained. Do not report emergencies to ethicspoint.

In addition, the auditor of state maintains a system for the anonymous reporting of fraud. The fraud may be reported via a toll-free telephone number 866-fraudoh, the auditor of state's website- www.auditor.state.oh.us or by mail.

(D) Investigation and resolution

All employees and students are expected to cooperate truthfully in the university's investigation of reports. Appropriate university officials will promptly address all concerns reported in good faith (see chart in this policy). All investigations will be conducted in accordance with the law and applicable university policy.

(E) Retaliation prohibited

The university will use its best efforts to protect those who, in good faith, report suspected illegal, unethical or otherwise inappropriate behavior in violation of Miami policies. No employee will suffer adverse employment action (retaliation) as a result of any of the following:

(1) Disclosure or reporting of suspected illegal, unethical or otherwise inappropriate behavior in violation of Miami policies; or

(2) Refusal to violate or assist in violating an applicable federal or state law or regulation; or

(3) Refusal to work or cause others to work in conditions that would unreasonably threaten the health of safety of the employee or others.

Any employee who believes he or she has been retaliated against in violation of this policy may file a written complaint with the office of the president. Following an investigation by the office of the president's designated investigative findings will be made by the president of the president's designated investigator. The report shall be provided to the complaining party and the chair of the board of trustees' finance and audit committee. If the report finds that the complainant has been retaliated against, the report will include any appropriate relief for the complainant. Appropriate disciplinary action, up to and including dismissal, will be taken against any individual who retaliates in violation of this policy.

(F) Reporting concerns

If after reviewing this table, you are not sure where to report a concern please contact the office of the general counsel, the director of internal audit and consulting services, or the ethicspoint toll-free hotline (1-866-294-9544) or contact ethicspoint in writing at http://www.ethicspoint.com.

| Criminal conduct | Miami university police department (513-529-2222 or 911 in the event of an emergency) | | --- | --- | | Accounting and financial misconduct (including falsification of contracts, reports or records, fraud, improper disclosure of financial records, theft, waste, abuse or misuse of university resources, and mishandling of donor funds.) | Chief audit officer (513-529-0545) | | Athletic misconduct (including ncaa violations, gambling, improper giving of gifts, recruiting misconduct, misuse of assets, players or endorsements, recruiting misconduct, financial aid misconduct, sexual misconduct, and substance abuse) | Assistant athletic director, compliance (513-529-6627) | | Financial aid misconduct (including fraud and regulatory compliance) | Director of student financial assistance (513-529-8555) | | Harassment and discrimination | Director of equity and equal opportunity (513-529-7157) | | Hazing | The office of community standards. The office of community standards, upon receipt of the report, will notify the appropriate law enforcement agency to comply with the law. | | Personnel misconduct (including nepotism, threats, time abuse, and employee benefit abuses) | Associate VP of academic personnel (513-529-9210) or associate VP for human resources (513-529-5716) | | Research misconduct (including conflict of interest, environmental and safety matters, fraud, misappropriation of intellectual property, inappropriate use of humans or animals in research, and grant misconduct or misappropriation international traffic in arms regulations (itar), export administrative regulations (ear), or office of foreign assets control (ofac) violations) | Research compliance officer (513-529-3734) | | Risk and safety matters (including environmental health and safety, sabotage, and unsafe working conditions.) | Environmental health and safety office (513-529-1723) | | Information technology matters (including data privacy and integrity, inappropriate use of technology, misuse of resources and intellectual property infringement) | Information security officer (513-529-9252) | | Unethical conduct (including violation of conflict of interest and conflict of commitment, illegal interest in a contract, improper giving or receiving of gifts.) | General counsel (513-529-6734) |

In addition to the university's procedure, the state of Ohio, office of the inspector general is authorized to receive and investigate complaints of alleged wrongful acts or omissions by state officers or employees.

Last updated October 3, 2022 at 8:53 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-22 Confidential information policy.

Miami university collects, stores, and distributes large amounts of information essential to the performance of university business. This information represents a valuable university asset. Although a large portion of university information is public, a portion of our information is protected by state and federal laws. To comply with these laws and protect the university community, the university has the right and obligation to protect, manage, secure, and control information (whether in hard copy or stored as electronic data) in its possession.

Information protected by federal or state law may not be shared with unauthorized persons or posted online at a site that can be accessed by unauthorized persons. These laws include the federal privacy act which protects social security numbers, the family educational rights and privacy act which protects personally identifiable student records, the gramm-leach-bliley act which protects consumer financial information, and the health insurance portability and accountability act which protects personal health information. All employees, faculty and staff, bear responsibility for protecting confidential information from unauthorized disclosure. This is true whether this information is stored on paper, a network computer, on a laptop, on a personal digital assistant or other device.

Information that is protected by law may only be disclosed to authorized persons.

Examples of confidential information include: social security numbers, disability status, health and medical information, student advising records, student grades, student disciplinary records, consumer financial information, banner student identification numbers, trade secrets, credit and debit card numbers, and coursework produced by students.

Social security numbers are used primarily for student financial assistance and employment tax-related matters. If unique identification of an individual is required, an identifier other than a social security number should be used. The recommended identifier to use is the banner plus number. An appropriate security plan and the written consent of the information security officer is required before any university office is permitted to collect and/or maintain social security numbers.

Each faculty and staff member must assume responsibility for protecting confidential information from unauthorized exposure. This means you must do the following:

(A) Understand and follow Miami's responsible use of computing resources policy

(B) Consult the information security office if you are uncertain whether certain information is confidential

(D) Understand and follow the Miami university computing security policy

(E) Protect your computer password and change it according to standards published by the information security office in the it services knowledge base at http://ithelp.muohio.edu

(F) Not provide access to confidential information to any other person unless authorized to do so

Ohio law requires the university to take certain actions in the event of unauthorized disclosure of confidential information. You must report any suspected disclosure of confidential information to unauthorized persons to the information security officer (call 529- 9252 immediately and report that you suspect that confidential information has been disclosed). In addition to reporting the theft of any laptop, personal digital assistant or other device that contains confidential information to the appropriate law enforcement authorities, you must immediately report the loss/theft of any laptop, personal digital assistant or other device that contains confidential information to the information security office.

History

Effective: October 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-28 Consensual amorous relationships.

(A) What is prohibited

Subject to the limited exceptions outlined in this policy, all Miami faculty members are prohibited from pursuing or engaging in an amorous relationship with any Miami undergraduate students.

Miami graduate assistants are prohibited from pursuing or engaging in an amorous relationship with any Miami undergraduate student enrolled in their courses or over whom they have other university responsibility or authority, wherein the graduate assistant has the power or authority to alter or influence the conditions of the student's participation in the university's educational programs or activities. This specifically includes supervision in a lab or tutoring site.

Staff are prohibited from pursuing or engaging in an amorous relationship with any Miami graduate or undergraduate student over whom they have university supervisory responsibility or authority, wherein the staff member has the power or authority to alter or influence the conditions of the student's participation in the university's educational programs or activities. This specifically includes student employment, coaching, athletic training, and advisors to student organizations.

"Pursuit" means seeking a date or romantic relationship, making romantic or sexual comments to a student that a reasonable person would perceive as having intent toward such a relationship, or to seek out an amorous personal relationship. Mere presence or activity on an online dating application is not evidence of pursuit of amorous relationships prohibited under this policy.

"Student" refers to persons who have been admitted to the university (beginning at their orientation) and continuing during academic terms for which they are enrolled, and during breaks between academic periods including university holidays and vacations, and during periods of suspension. A person is no longer deemed a student when they have completed their degree program and graduated, are not seeking re-enrollment, or following one semester of having not been enrolled.

Relationships in violation of this policy should not be pursued or engaged in while the student is enrolled or the faculty or staff member is employed by Miami university.

Note that sexual harassment is covered by a different policy-the "Sexual Misconduct Protocol" - and is defined as unwelcome conduct on the basis of sex, including gender, gender identity, or expression, or sexual orientation, that is sufficiently severe and pervasive to adversely impact a term or condition of a person's ability to participate in the university's educational programs or activities. Sexual harassment includes conduct that unreasonably interferes with a person's work performance or creates an intimidating, hostile, or offensive working learning, or living environment.

(B) Exceptions

Relationships that exist prior to employment or enrollment at Miami will generally be exempted from this rule. This includes Miami employees whose partners enroll in classes at Miami.

(1) Requesting and reporting exceptions

Relationships that exist prior to employment or enrollment at Miami should be reported by the employee when employment or enrollment begins and on the required ethics questionnaire. When partners of Miami employees enroll in classes, this should be reported via the required ethics questionnaire.

If an employee begins a relationship that is allowed by the above policy (for example, a faculty member begins dating a graduate student outside their department over whom they have no supervisory responsibility) or is already in such an allowable relationship, they should report the relationship to their supervisor and the appropriate personnel office to ensure any conflicts in reporting or supervision can be addressed. These relationships, barring any unusual conflicts, will be exempted from this policy.

When existing or developing and allowable relationships are reported, a central purpose of the reporting is to ensure that no immediate conflicts exist or come to exist in teaching or other supervisory roles.

Employees should be aware for their own protection that what appears at the time to be consensual behavior may later be perceived by one of the parties to be sexual harassment. Thus, those disclosing pre-existing or allowable amorous relationships should be aware that disclosing a relationship does not change the power differential or protect from future accusations of sexual harassment or misconduct. In the event of a charge of sexual harassment arising from such circumstances, the university will in general be unsympathetic to a defense based upon consent when the facts establish that a faculty-student or staff-student power differential existed within the relationship.

(2) Reporting potential violations of this rule

Anyone seeking to report a violation of this rule may make an anonymous ethicspoint report, contact human resources or academic personnel services, use the office of equity and equal opportunity incident reporting form, and/or contact a supervisor such as the department chair or area supervisor of the person who is believed to have violated this rule.

All reports will initially be reviewed by the office of equity and equal opportunity to ensure that reported actions do not violate sexual misconduct policies. Sexual harassment or sexual misconduct will be handled as the policies and laws governing such violations dictate. If the sexual misconduct policies do not apply, the matter will be referred to the employee's department chair, dean, or supervisor.

Actions that violate this rule will be treated in the first instance as an opportunity for education, following the existing guidelines for disciplinary action for each category of employee. Note that for faculty members, chairs are charged with initially advising their faculty regarding policy violations; "If problems identified by the department chair are not resolved following one or more personal meetings, and/or written communications, then the chair may issue a written summary, which will be placed in the faculty member's personnel file, along with any response from the faculty member." In combination with the first-line education described in this policy, the policies constitute, in effect, progressive disciplinary procedures intended to curtail the behavior and protect all involved.

Last updated November 2, 2021 at 10:14 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Chapter 3339-4 Leave of Absence for Unclassified Administrative Staff

Ohio Adm.Code 3339-4-01 Compensation-wages/overtime/compensatory time for unclassified administrative staff.

(A) Determining eligibility

Full-time unclassified administrative staff are expected to work at least forty hours per week and may need to work more than forty hours per week to fulfill their employment responsibilities. The fair labor standards act (FLSA) requires the university to pay some unclassified staff overtime pay in the amount of one and one-half times the employee's regular pay rate for all hours worked over forty hours in a workweek or to provide them with compensatory time off. The university workweek begins at one second after twelve a.m. on Saturday and ends at twelve p.m. midnight on Friday. The positions that are covered by FLSA overtime regulations are called "non-exempt" or "overtime eligible."

Salaried positions that meet certain criteria are exempt from the FLSA's overtime requirements. Unclassified administrative staff in overtime exempt positions are not eligible for and do not receive overtime payment or compensatory time off. The FLSA overtime eligibility status of a position is established at the time it is created and may be reviewed if the duties or pay changes.

The department of human resources and academic personnel services are responsible for determining the overtime eligibility status for all positions.

(B) Reporting time worked

All overtime-eligible employees are required to maintain accurate records of time worked. The university uses an electronic time-reporting system, and overtime-eligible employees are required to use this system unless a different method is approved in writing by the appropriate personnel office. All overtime-eligible employees are paid on the university's bi-weekly payroll.

Any employee who falsifies a time record is subject to disciplinary action, up to and including termination of employment. Supervisors are responsible for reviewing, approving, and correcting reported time and for ensuring that all records are current and accurate. Supervisors are required to communicate any changes to the employee in writing or have a written request from the employee to change the time record.

Overtime-eligible employees must obtain approval from their supervisor to work more than forty hours in any workweek. Overtime-eligible employees will be paid for all hours worked whether overtime has been approved or not. However, employees who work overtime hours without their supervisor's approval are subject to disciplinary action, up to and including termination of employment.

(D) Overtime pay

Overtime-eligible employees will be paid one and one-half times their regular pay rate for hours worked in excess of forty in a workweek. Paid time that is not actually worked, including (but not limited to) vacation, sick leave, and holidays, does not apply toward the calculation of overtime.

An overtime-eligible employee who works in more than one appointment to achieve full-time status during a workweek will have the hours worked in all positions combined to calculate the total hours worked. Overtime-eligible employees with a full-time appointment may not have an additional appointment.

No employee is eligible for overtime unless the employee actually works in excess of forty hours per workweek.

(E) Volunteer work

An overtime-eligible employee cannot "volunteer" to do extra work in the department in order to get the work accomplished.

(F) Supplemental work

An overtime-eligible employee with a full-time appointment may not have an additional appointment.

History

Effective: December 17, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-4-02 Vacation- unclassified administrative staff.

(A) General

Any member of the administrative staff who expects to be absent is expected to obtain advance permission from the department chair or other supervisor and assist in making arrangements for proper coverage of duties.

The purpose of the vacation benefit is to provide time away from work for rest, recreation, and renewal; the university, therefore, expects its unclassified administrative staff to use vacation time each year for such purposes. It is also recognized, however, that it may not always be possible for an individual to use his or her full complement of vacation days within a given contract year; for this reason, while accumulation of vacation time is discouraged, it is permitted within the limits set forth in this rule.

(B) Vacation

(1) Fulltime administrative staff with a twelve-month, eleven-month, or ten-month appointment earn vacation. Part-time administrative staff (less than forty hours per week) do not earn vacation.

In lieu of vacation, faculty are not required to work during the university break periods that fall within the term of their academic-year appointment (fall three day, thanksgiving, winter and spring breaks). Faculty who choose to work may not use these days at any other time nor are they entitled to accrue or cash out any unused days.

In lieu of vacation, coaches, trainers, and equipment managers are entitled to twenty-two noncontract days per fiscal year as approved by their supervisor. Coaches, trainers, and equipment managers are not entitled to accrue or carry over unused noncontract days beyond the term of their annual appointment, nor are they entitled to cash out any unused noncontract days.

(2) The following governs the accrual and use of vacation by twelve-month, eleven-month, or ten-month fulltime administrative staff.

(a) Fulltime administrative staff on a twelve-month, eleven-month, or ten-month contract earn vacation in equal monthly increments.

(i) Twelve-month, eleven-month, or ten-month.

(ii) Administrative staff employed eleven months fulltime earn a maximum of twenty days per fiscal year.

(iii) Administrative staff employed ten months fulltime earn a maximum of eighteen days per fiscal year.

Administrative staff governed by this policy, who begin work (as reflected by the payroll) before the sixteenth day of any month, will earn the full vacation accrual for that month. Administrative staff whose last day of work is before the sixteenth of any month will not earn vacation for that month. Vacation days do not accrue during a leave of absence without pay

(b) Vacation is used in increments of one-half day for absences of four hours and one full day for absences of more than four hours. Requests for vacation of more than two days duration should be made at least one month in advance. All vacation leave must be approved in advance by the staff member's supervisor.

(c) An administrative staff member may accrue a maximum vacation balance of fifty-two days. Employees will not accrue and will forfeit vacation in any month while the balance is at the maximum permitted. Employees will earn a partial accrual in any month where the full accrual would result in a balance greater than the maximum permitted.

(d) Use of accrued vacation days must be reported on a monthly basis, and the report must be approved by the supervisor. Questions should be directed to the appropriate personnel office.

(e) Vacation day use will not be charged against days not scheduled to work or university recognized holidays.

(f) Upon retirement, termination, or death, the administrative staff member or his or her estate shall be compensated at the final rate of pay for unused vacation to a maximum of forty days. Days are rounded to the nearest half or whole day. Compensation shall be paid within ninety days of retirement, termination, or death.

(g) Vacation time may not be used to extend university benefits coverage.

Last updated December 19, 2024 at 8:00 AM

History

Effective: December 19, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3339-4-03 Holidays ¿ unclassified administrative staff.

Fulltime administrative staff are entitled to the following paid holidays: New Year's day, Martin Luther King day, Presidents' day, Memorial day, Juneteenth, Independence day, Labor day, Columbus day, Veterans' day, Thanksgiving day, and Christmas day.

These are the only holidays to which administrative staff are entitled. Other periods when classes are not in session (e.g., the break between semesters, spring break) are not holidays, and members of the administrative staff are expected to be at work.

State statute permits the designation of certain holidays to be observed on days other than when they are observed by the rest of the state. Miami's annual holiday schedule reflects these changes.

On certain holidays, the university is open for business. Administrative staff members who are required to work on such a day will be given a day off at a time agreed to by both staff member and supervisor.

Last updated October 3, 2022 at 8:53 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-4-06 Parental leave.

As part of its efforts to foster a workplace in which professional success can be achieved while maintaining a quality personal and family life, the university supports employees and their families with leave opportunities for new parents. All requests for leave under this policy should be made as far in advance as possible, but generally not less than thirty days before the leave commences and must be in writing and submitted to the appropriate personnel office (academic personnel or human resources). The following sections outline the leave program; however, employees and their supervisors should contact the appropriate personnel office for guidance and assistance with the process. The university will make appropriate arrangements to cover the duties of the employee while the employee is on parental leave.

Tenure-track faculty members who have or share primary care-taking responsibilities associated with the birth or adoption of a child under age five may request an extension of their probationary period, i.e., the tenure clock. (See paragraph (C) of rule 3339-7-06 of the Administrative Code for information on extending the tenure clock.)

There are a number of other university-provided benefits designed to support employees and their families, e.g., flexible spending account, health insurance, and dental insurance. Employees should contact benefit services for information regarding these benefits. Payroll deductions for tax purposes should also be considered, and payroll services will assist the employee with any changes.

(A) Parental leave

The university provides all benefit-eligible employees with twelve weeks of parental leave to be used following the birth or adoption of a child. The purpose of parental leave is to provide a period of recovery from childbirth for the birth parent; and a period of time for parents (birth, non-birth and parents) to care for and bond with the newborn or newly-adopted child.

(1) Paid parental leave

(a) Birth parentthe university will provide up to six weeks of paid parental leave (one hundred per cent of regular salary or pay) to each birth parent to recover from childbirth and to care for and bond with the newborn.

(b) Non-birth and adoptive parentsthe university will provide up to six weeks of paid parental leave (one hundred per cent of regular salary or pay) to each non-birth, and adoptive parent to be used following the birth or adoption of a child to care for and bond with the child.

(i) With the approval of the appropriate personnel office, paid parental leave may be taken prior to the event when deemed medically necessary or when required to fulfill the requirements for an adoption; or

(ii) In the event both parents are employed by Miami university, the parents may elect to take their paid parental leaves concurrently or consecutively.

(2) Parental leave for the balance of the twelve weeks The balance of the twelve-week parental leave period may be taken on either a full- or part-time basis as follows:

(a) Fulltime option - parents may take parental leave on a fulltime basis. This leave may be taken in consecutive weeks immediately following the period of paid parental leave or at a later time in a single period of consecutive weeks.

(b) Half-time leave option - parents who elect to take half-time parental leave must take the leave in consecutive weeks immediately following the initial period of paid parental leave. parents who elect to take half-time leave in effect double the duration of their remaining leave.

Note: For employees with an appointment of less than twelve months duration, non-contract periods and summer instructional contracts do not affect the parental leave period.

(B) Three-months additional parental leave option

(1) Parents may take up to three months for additional parental leave on either the full- or half-time basis. However, the three-month period is the maximum time period. It does not double to six months if the parent elects the half-time leave option. Parents who elect to take all or part of the additional leave must take the leave in consecutive weeks immediately following the parental leave described in paragraph (A)(2) of this rule.

(2) Note: For employees with an appointment of less than twelve months duration, non-contract periods and summer instructional contracts do not affect the parental leave period.

(1) Half-time defined.

It is presumed that classified and unclassified administrative staff members will work one-half day each day they are scheduled to work. Alternative working arrangements may be made at the direction of, or with the consent of, the supervisor, department head, and appropriate vice president. faculty who elect to work half-time following the birth or adoption of a child are required to have an approved plan of not less than fifty per cent time that includes instructional assignments and must be approved by the chair, dean, and provost.

(2) Single election.

A parent may elect half-time leave only once. A parent who is on leave on a half-time basis may elect to resume fulltime leave or to return to fulltime work before the exhaustion of the parental eave or three-months additional parental leave for the birth or adoption of a child. Any employee who elects to resume fulltime leave or to return to fulltime work is not eligible to take half-time leave again for the birth or adoption of the child for which the leave was originally taken

(3) Family medical leave.

All parental leave will run concurrently with family medical leave to the extent the parent has with family medical leave available (See rule 3339-4-07 of the Administrative Code).

(4) Twelve-month limit.

All parental leave and three-months additional leave must be used within the twelve months immediately following the birth or adoption of the child

(5) Exhaustion of paid parental leave.

Paid parental leave must be exhausted prior to the use of any other paid leave (sick leave, vacation, compensatory time). Paid parental leave does not reduce the employee's accrued time under any other university paid leave program (sick leave, vacation leave, or compensatory time).

(6) Use of sick leave.

Parents may use accrued sick leave during parental leave if medically necessary and qualified under the university's sick leave policy.

(7) Use of other paid leave.

Parents may use any other accrued paid leave (vacation time or compensatory time) during parental leave.

(8) Benefit eligible.

For the purpose of this policy a benefit-eligible employee is one who has an appointment of at least nine months duration for at least thirty-two hours per week.

Last updated November 3, 2023 at 7:47 AM

History

Effective: November 3, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-06

(A) Probationary period

(1) Unless otherwise permitted by these policies, all members of the instructional staff holding an appointment with a tenure-eligible rank ordinarily serve a probationary period of six years at Miami university. In unusual circumstances the president, upon recommendation of the department, the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), the dean, and the provost, may waive the probationary period and recommend tenure for a person being appointed to the rank of associate professor or professor. For a person who begins Miami service after the start of an academic year, the time counted toward the probationary period shall begin at the start of the person's first full academic year of service.

(2) A person is usually considered for tenure in the last year of the prescribed probationary period. Candidates may request permission to waive part of their probationary period and apply for tenure before the beginning of the sixth year. The candidate must submit the request in writing. The request requires the permission of the department, the department chair, the program director (when appropriate), the dean and the provost. The provost will notify the candidate of the decision in writing. A person may be considered for tenure only once (except as permitted by paragraph (C) of rule 3339-7-09 of the Administrative Code. A leave of one year or less will count as part of the probationary period unless the candidate, the department, the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), the dean, and the provost agree in writing at the time the leave is granted to an exception to this provision.

(B) Credit towards probationary period

(1) At the time of hiring in a tenure-eligible position, a person may be accorded, upon agreement of the provost, the dean, the dean of the regional campuses (when appropriate), the department chair, the program director (when appropriate), and the department, credit toward the six-year probationary period. This credit must be noted in the original appointment letter. Normally, a person may receive up to two years' credit toward tenure. Only in exceptional circumstances may more credit be granted. However, by mutual agreement of the department, the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), and the instructional staff member, and with the written approval of the dean and the provost, this grant of credit or a portion thereof may be rescinded subsequently during the probationary period. Fulltime service in a different Miami department or an earlier discontinuous period of fulltime Miami service may be credited in the same way as fulltime service at other institutions.

(2) Although tenure may be conferred only upon someone in a tenure-eligible rank, up to two years for fulltime Miami service in a nontenure-eligible position will be credited toward the probationary period. However, at the time of appointment to a tenure-eligible rank, by mutual agreement of the department, the department chair, the program director (when appropriate), the regional campus dean (when appropriate), the dean, the provost, and the candidate, the candidate may waive the crediting of all or a portion of service in a nontenure-eligible position toward the probationary period.

(1) A one-year extension of the probationary period will be granted by the provost upon request of a probationary faculty member who

(a) Has or shares primary responsibility for the care of an infant or a newly-adopted child under age five, and who must commit substantial portions of time to this care;

(b) Faces similar responsibilities associated with a serious health condition of another person; or

This extension may be granted whether or not sick leave, personal leave, or family and medical leave has been taken. Written requests for such extensions must be made within two years of the birth, adoption, or serious health condition

(2) There may be other circumstances that require substantial amounts of time or produce excessive stress that would justify extending the probationary period for one year. Examples of such circumstances include (but are not limited to) the disruption of research facilities or the interruption of research for foreign teaching assignments. In such cases, the probationary faculty member may apply in writing to the provost, who in consultation with the department tenure committee, the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), and the divisional dean, will determine whether such an extension should be granted. Any such request for an extension must be made within one year of the occurrence of the circumstance.

(3) There is normally a limit of one such extension of any type during the probationary period. A person may, however, request a second extension through the provost.

(4) The maximum number of years of extension to the probationary period is two.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-4-08 Personal leave - unclassified administrative and instructional staff.

Personal leave may be granted to free up a fulltime tenured, or tenure-track, senior lecturer, senior clinical/professionally licensed faculty member or full-time unclassified administrative staff member to make a public service contribution to accept a fellowship, research, or visiting appointment at another institution; to pursue a program of formal study; or for personal or health reasons. Personal leave may only be taken on a fulltime basis.

(A) The duration of such a leave may be for any period up to a year, with renewal possible for a second year. Application should be made as far in advance as possible.

(B) For instructional staff, the personal leave period will count as Miami university service for promotion and tenure purposes, unless an alternative arrangement is approved, in writing, at the time the leave is granted.

(C) Personal leave is leave without salary. Except under special circumstances, it is leave without any university-provided benefits except any applicable fee waiver benefit, which continues during the leave.

(D) Contributions to the state retirement systems are made only as allowed by law. The university will not make contributions to the alternative retirement plan during a personal leave.

(E) Individuals granted personal leave may continue uninterrupted health care insurance by arranging to make full premium payments through the university's department of human resources. Only the president or president's designee may authorize the continuance of health care insurance at university expense.

(F) For most favorable consideration, the leave of application for instructional staff should be received in the academic personnel services office by December first of the academic year preceding the leave period.

History

Effective: November 5, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-4-11 Disability benefits.

The university provides several kinds of leaves of absence to employees who are unable to work due to disability, illness, or medical condition. These include sick leave (rule 3339-4-05 of the Administrative Code), family and medical leave (rule 3339-4-07 of the Administrative Code), and personal leave (rule 3339-04-08 of the Administrative Code).

Members of the instructional and unclassified administrative staff may be entitled to disability benefits if they are unable to work due to disability. These benefits include:

(A) University-provided long-term-disability insurance; and

(B) State teachers retirement system or the Ohio public employees retirement system disability retirement benefits (note that the alternative retirement plan does not provide disability benefits); and

All disability benefits are subject to the qualifications and terms of the relevant plan.

Last updated October 31, 2025 at 2:17 PM

History

Effective: October 15, 2005
Promulgated Under: 111.15

Chapter 3339-5 Responsibility of Academic Instruction

Ohio Adm.Code 3339-5-04 Statement of essential teaching practices.

Every instructor is responsible for creating an informative syllabus and organizing an effective, equitable, and inclusive learning environment by:

(A) Providing a written syllabus to students on the first day of the course, inluding but not limited to learning outcomes class attendance policy (aligned with "class attendance" policy in the policy library), content, examinations and/or assignments (including due dates), policy on return of student work, required course materials and technology, and method of grade calculation.

(B) Adhering to the syllabus and communicating clearly any necessary modifications to the students;

(C) Maintaining and informing students of regularly scheduled office hours (see office hours for instructional staff policy in policy library);

(D) Ascribing to a standard of grading that follows the accepted practices within the discipline including providing and receiving feedback that is offered in a timely manner and is critical and respectful of others' views;

(E) Informing students of Miami's academic integrity policy and adhering to its principles;

(F) Utilizing a Miami university supported learning management system to communicate course information;

(G) Treating students with courtesy and respect at all times. Courtesy and respect do not prohibit strong criticism directed at the student's academic errors and scholarly responsibilities;

(H) Endeavoring to ensure that the classroom learning environment is free of discrimination and harassment based upon all forms of prejudice that negatively influence student learning, such as those based on age, ethnicity, gender, mental or physical impairment, race, religion, sexual orientation, or gender identity and inclusive of all students;

(I) Following specific student accomodations received from student disability services;

(J) Adhering to the "statement on professional ethics" in the policy titled "professional ethics and responsibilities."

Last updated October 3, 2022 at 8:54 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-5-05 Student complaints about the quality of instruction.

When a student wishes to make a compliant about the quality of instruction, the student should approach the administrator (e.g., chair, director) of the department or program located on the campus where the course is offered. Under ordinary circumstances, a student approaching an administrator to complain about a member of the instructional staff will be encouraged first of all to confer with the staff member and seek a resolution. When a student is unable to resolve a difficulty with an instructor to the student's satisfaction, there are two acceptable ways in which the student may lodge a complaint against a member of the instructional staff before an administrator or any individual who has administrative duties. The student may file a formal grievance or the student may submit a letter of complaint to the administrator. Anonymous or unsigned statements must be disregarded and destroyed. Formal letters of complaint are to be filed in the departmental student complaint file.

Upon receipt and before acting upon a letter of complaint, the staff member shall be informed of the complaint and given timely opportunity to rebut the accusations or explain the circumstances as viewed by the staff member. If submitted, documents presenting the staff member's position also are to be placed in the departmental student complaint file.

The student who files a complaint is entitled to know how the complaint was processed and what actions were taken in response to it.

History

Effective: March 9, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-5-07 Office hours for instructional staff.

Every member of the instructional staff is expected to establish and maintain regular office hours in order that he or she may be readily available to students and other staff members. These office hours should be announced to students in the staff member's classes near the beginning of each term, included in the instructor's course syllabi, posted on the office door and reported to the department chair. When a student or advisee has a class scheduling conflict or work conflict with the instructor's regular office hours, instructors should arrange an alternative meeting time or means of communication with the student.

History

Effective: March 9, 2018
Promulgated Under: 111.15

Chapter 3339-6 Academic Affairs Unit

Ohio Adm.Code 3339-6-01 Search and appointment procedures ¿ academic affairs units.

(A) General

The office of the provost has established search procedures for recruiting and appointing tenured and tenure-eligible faculty, lecturers, and teaching faculty. All searches must comply with all of the following search procedures.

(B) Selection requirements

(1) A request to fill a position, completed in its entirety, must be submitted when seeking approval to fill a vacant or create a new position. Essential responsibilities, the date application screening will begin, the proposed salary range, and the required and desired qualifications must be specified separately. The request to fill a position is forwarded to academic personnel services after approvals are obtained by the department chair, the dean of the appropriate division, and the office of equity and equal opportunity (oeeo). The office of the provost must approve all requests to fill a position prior to any advertising or job posting.

(2) When a search committee is to be used, it must be appointed with as diverse a composition as practicable and should include gender as well as ethnic representation, even if members are drawn from cognate departments. The associate vice president for institutional diversity must be consulted regarding composition of search committees. For a note concerning the constitution of this committee see rule 3339-3-15 of the Administrative Code.

(3) Lecturers and teaching faculty may not vote on matters involving the hiring, promotion and/or tenure of faculty in tenure-eligible ranks.

(4) The entire search committee or department chair (if the department is the search committee) must meet with the office of equity and equal opportunity to review and obtain oeeo approval of: the recruitment plan, which shall be designed to attract a highly qualified and diverse pool of applicants; the advertisement; the selection process, including any ratings instruments; and the applicant data collection process.

This meeting should take place during the first meeting of the search committee. Upon oeeo approval, the recruitment plan and advertisement must be included in the request to fill which is then forwarded for approval by the dean of the appropriate division.

(5) All advertisements must include the date the screening of applicants will begin, the position's responsibilities and required qualifications as specified in the approved request, and university requirements.

(6) Prior to the selection of candidates for interview, it is the responsibility of the search committee chair or department chair (if there is no search committee) to obtain from oeeo an applicant flow data report indicating the composition of the pool of applicants. The oeeo must approve the composition of the applicant pool before candidates are invited to interview. If oeeo finds the candidate pool to be unacceptable, oeeo in consultation with the office of the provost will make a determination whether to conduct additional recruitment or to close the search. If additional recruitment is undertaken, the hiring department must request an updated applicant flow data report prior to conducting interviews.

(7) After receipt of the approved applicant flow data report, candidates selected for inclusion in the final interview pool must be approved by the dean of the appropriate division, and the office of the provost before being invited to campus to interview.

(8) Once interviews have been completed, reference checks have been conducted, and a candidate identified for final consideration, the department must complete a hiring recommendation. A hiring department may not recommend an applicant who does not meet the required qualifications for the position. The original letter of application, the candidate's vita, and copies of any correspondence that include desired terms of employment, e.g., chair's letters, must be included with the hiring recommendation and forwarded to academic personnel services. All materials will be submitted to oeeo for hiring approval. Academic personnel services will issue a letter of offer after approval is obtained by oeeo and the provost, and with receipt of an acceptable background check. Candidates are responsible for presenting a certified transcript as proof of terminal degree and/or proof of required licensure to the office of academic personnel services prior to the start of the appointment.

(9) No academic department or dean has appointment (hiring) authority. Only the president and provost have appointing authority. A letter of offer may be sent to the candidate by academic personnel services only after approval by the provost.

(10) Records, written or electronic, of the recruitment and selection process must be kept by the hiring department for three years. Records maintained should include information on advertising, recruitment letters, telephone calls or other contacts, interview notes, applications received, letters of appointment or rejection, ratings instruments, and specific steps taken to recruit women and minorities.

(1) The appropriate personnel office will conduct a background verification of any candidate for employment. This policy applies to faculty, unclassified administrative staff, and classified staff positions.

(2) This requirement generally does not apply to hourly student workers, interns, and graduate assistants. It does not apply to intermittent employees or temporary appointments of less than ninety days. In addition, no second background verification is required for those employees who have had a break in their service or absence of less than a one-year.

(3) In most cases, the background verification will be completed prior to making a formal offer of employment. If the background verification cannot be completed before an offer is made, the background verification must be completed before the individual begins employment unless an exception is granted by the appropriate vice president or the president. In any event, the background verification must be completed and a decision made no later than thirty days after the start of employment. In most cases, only the finalist being offered the position will be subject to the background verification requirement. However, there may be circumstances where the background of more than one applicant is verified (e.g., dean, vice presidential or presidential search).

(4) Prior to conducting the background verification, the finalist(s) must sign a consent form. If the individual declines to provide the consent for the background verification, he/she will no longer be considered a candidate for the position.

(5) The appropriate personnel office will review the results of the criminal background checks. The results are confidential and will not be shared with the hiring department. If the background verification reveals the existence of a criminal conviction, it does not result in an automatic exclusion from employment. Only pending criminal charges or convictions that are substantially related to the circumstances of the particular job may be considered in determining if an offer of employment will be tentatively withdrawn. Arrests (other than pending) or detention orders that do not result in convictions or pleas and expunged or sealed convictions will not be considered.

(6) If a decision is tentatively made not to hire an applicant (or to withdraw an offer) based on the results of the background verification, the appropriate personnel office will be responsible for notifying the applicant of the results and providing an appeal process. The individual will have three working days from the receipt of the notification to challenge the findings and then seven working days to successfully resolve it. If the findings are upheld, the appropriate personnel office will notify the individual of the non-selection.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-15

Miami university imposes no restrictions on the concurrent employment of members of the same immediate family except the following:

(D) Specifically, immediate family members may not:

(1) Participate in searches or initial appointment decisions if an immediate family member is a candidate for the position.

History

Effective: November 5, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-6-02 Contract of employment.

(A) Duties of tenure track and tenured members of the instructional staff

The principle of tenure shall be observed as an act of good faith on the part of the university. Financial exigency procedures are described in rule 3339-9-05 of the Administrative Code. At the same time, it must be recognized by all concerned that changes in status or compensation may become necessary at any time because of reduction in financial support of the university. Under these circumstances, the president shall make a full explanation to the members of the instructional staff and the action of the board of trustees must necessarily be final and not subject to the procedures described in other sections of this manual.

The primary duties of the tenured and tenure-track members of the instructional staff include, teaching, research, scholarly and creative achievement, academic advising and counseling, professional and institutional service, and committee assignments. Fulltime members of the faculty are expected to attend all meetings of faculty assembly.

(B) Academic year

As a professional each member of the instructional staff assumes a commitment to meet all scheduled classes and to discharge the other responsibilities of teaching, advising, research, service and administration associated with membership in a university community. Unless on an approved leave of absence or other leave, full-time members of the instructional staff (defined as an appointment of .80FTE or greater) are expected to be available during the academic year for teaching, research scholarly and creative activities, academic advising and counseling, professional and institutional service, and committee assignments. The academic year, herein defined includes the fall semester, winter term, and spring semester. The acedmic year, begins one week prior to the beginning of classes in the fall and ends the day of commencement exercises in May. For purposes of interpreting the individual terms, the fall semester begins one week prior to the beginning of classes and ends the last day of December final exams, winter term begins and ends on the dates established by the university calendar and the spring semester begins with the first day of classes and ends the day of commencement exercises in May.

Any major change or reassignment of duties of a full-time member of the instructional staff shall include adequate notice, explanation, consultation, a sincere effort to find a mutually agreeable conclusion, and the right of appropriate appeal up to and including the committee on faculty rights and responsibilities and the president.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-6-03 Assignment of academic rank, department, and division.

Except as hereinafter provided, all persons holding academic rank (other than positional rank) shall be assigned to an academic department and be recommended for appointment by the department. The essential factor in such appointment is recognition of a person's competence in an academic discipline or area of knowledge administered by the department. Initially, it is the department that determines such competence. The recommendation for appointment is made by the department and shall be subject to approval by the academic dean of the appropriate division, the provost, and the president.

Any regional campus tenured or tenure-track faculty member hired before July 1, 2016, who elected to maintain their tenure and promotion home in an Oxford campus academic department will be given the option of joining only their regional department and division or having a dual appointment to their regional department and division. A regional campus faculty member with a dual appointment has a full membership, voting and service opportunities in their Oxford campus academic department and division as well as their regional academic department and division. When a regional campus faculty member performs service on the Oxford campus, the chairs of the departments in which the faculty member has membership will communicate to ensure a fair service load for the faculty member. For information regarding the promotion and tenure rights of regional campus faculty holding dual appointments see Chapter 3339-7 of the Adminstrative Code.

Faculty appointments to more than one home department/program and/or division must follow the provost's guidelines for joint appointments.

Exception may be made to the above paragraph only in a specific case when a person who would be acceptable for regular assignment to teaching or research is given another assignment within the university. In such instance the assignment will be made by the president, with concurrence of the provost, the dean of the appropriate division, and the department concerned.

A person holding academic rank shall maintain that rank while serving the university in an administrative or other capacity. Such person has all the privileges, including maintaining tenure, which are incidental to his or her academic rank. Such person shall not be eligible for achieving tenure except for a department chair who is tenurable. Promotion in academic rank shall be in recognition of contributions to his or her academic discipline. Such promotion in academic rank shall be initiated by the department concerned and may only be made with the concurrence of the dean of the appropriate division, the provost, the president, and the board of trustees.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-6-04 Employment of persons holding a Miami degree.

Effective July 1, 2022, a person whose last degree is from Miami university may not be hired into a tenurable or promotable but non-tenurable postition (TCPL) unless one of the following conditions prevails:

(A) The person held the position and rank at Miami university at the time of the award of the degree and the degree is unrelated to the discipline in which the faculty member is employed; or since receiving the Miami degree, a person seeking a tenured or tenure-eligible position has been employed elsewhere for at least three years and has gained significant achievement in teaching and/or research; or

(B) Since receiving the Miami degree, the person applying for a TCPL position has had at least three years of applicable experience that demonstrates new knowledge, skills, and ideas to advance their teaching; or

For the purpose of hiring someone with a Miami degree into a non-tenurable position (TCPL) in the context of a competitive national search. An exception to this rule may be sought. Any exception requires the support of the dean and the approval of the provost.

Last updated October 3, 2022 at 8:54 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-6-05 Overload teaching.

The university does not permit the use of overload teaching nor any other form of extra compensation as a recruiting inducement.

For all fulltime, non-visiting members of the instructional staff in a department, overload teaching is equally available. Overload teaching remains available to all instructional faculty on an as-needed basis.

Overload teaching during the fall and spring semesters is available only to faculty in a department who are already teaching a "normal load" as defined by the department chair with the approval of the divisional dean. Persons not teaching a "normal load" as so defined are not eligible for overload assignments since it is assumed that anyone teaching less than a "normal load" has been granted this privilege to engage in some other scholarly or worthwhile endeavor.

Full time administrators may receive, on the same basis as members of the instructional staff, additional compensation for instructional duties if the services rendered are outside normal responsibilities, and if the contracting administrator (e.g., summer workshop coordinator) does not report directly or indirectly to the administrator receiving additional compensation. For example, a dean may not receive additional compensation for a program involving his or her division. The arrangement for additional compensation must specifically be approved by the president prior to the time services are rendered. This policy may be waived under special circumstances, with the approval of the president

The president and the vice presidents may not receive any additional compensation for any programs dealing with Miami university.

History

Effective: November 3, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-6-07 Assigned research appointments.

(A) On-campus

An assigned research appointment provides for disciplinary and pedagogical research by releasing a tenured or tenure eligible faculty member from teaching for one semester. It assumes that the appointee will continue university assignments other than classroom teaching and therefore requires the appointee's presence on campus.

The terms of the program provide for release from teaching, full salary, the continuation of benefits based on full salary, and eligibility for salary increment and promotion.

The program is crucially important for extending the frontiers of knowledge. Specifics of it are outlined as follows:

(1) Application for assigned research is initiated through the department chair to the dean, provost, and the president. Final approval must be given by the president. The number of such appointments which can be approved in any given semester will depend in part upon the ability of the department in question and the university to meet all their obligations.

(2) A reduced load for assigned research shall not normally be deemed to affect the eligibility of an individual member under the university faculty improvement program.

(3) The appointment of a faculty member to assigned research ordinarily does not involve additional funding for a department. The application must indicate how the department will cover the load of the faculty member.

(4) Criteria for successful assigned research proposals may include but are not restricted to the significance, originality, and feasibility of the project; the soundness of the methodology proposed; evidence that the proposer has taken into account the relevant existing work; and the record of the proposer's scholarly or creative accomplishment.

(5) Faculty members receiving an appointment for assigned research are obligated to remain at Miami during the ensuing academic year and to make a full report of the results of the assignment to the chair, dean, and provost within ninety days of the completion of the assignment. If a person does not return to Miami university during the ensuing academic year, he or she is expected to reimburse the university a prorated portion of university salary received during the assigned research leave for the portion of the post leave year that is not completed.

(6) Anyone on assigned research appointment will devote full time to the specific project and therefore will not be engaged in other activities for which remuneration is awarded (except as permitted when teaching full time and with appropriate approval).

(7) Applications for appointment to assigned research should be received in the academic personnel services by December first, of the academic year preceding the leave period if one is to receive most favorable consideration.

(8) Questions regarding the program policy and guidelines should be addressed to the academic personnel services office.

(B) Off-campus

An assigned research appointment off-campus permits a tenured or tenure eligible member of the faculty to spend a semester conducting research in an off campus location when the nature of the research project makes absence from campus necessary. Normally faculty not eligible for a faculty improvement leave will be awarded an assigned research appointment; but in unusual circumstances when research away from campus is essential an assigned research appointment off-campus will be granted.

The terms of the program provide (from grant and university sources combined) full salary, the continuation of benefits based on full salary, and eligibility for salary increment and promotion.

(1) Application for an assigned research appointment off-campus is initiated through the department chair to the dean, provost, and president.

(2) Receipt of an assigned research appointment off-campus normally will not affect the eligibility of a person for a faculty improvement leave.

(3) The application for an assigned research appointment off-campus must indicate how the department will cover the usual duties of the applicant during the semester of appointment, with the understanding that no additional funding for the department will be provided.

(4) Criteria for evaluating applications include, but are not restricted to, the merit of the research project and the record of the proposer's scholarly or creative accomplishment.

(5) Persons receiving an appointment for assigned research appointment off-campus are obligated to remain Miami during the ensuing academic year and to make a full report of the results of the assignment to the chair, dean, and provost within ninety days of the completion of the assignment. If a person does not return to Miami university during the ensuing academic year, he or she is expected to reimburse the university a prorated portion of university salary received during the assigned research leave for the portion of the post leave year that is not completed.

(6) Anyone on an assigned research appointment off-campus will devote fulltime to the research project and therefore will not be engaged in other activities for which remuneration is awarded.

(7) Applications for an assigned research appointment off-campus should be received in the academic personnel services office by December first, of the academic year preceding the leave period if one is to receive most favorable consideration.

(8) Questions regarding the program and its guidelines should be addressed to the academic personnel services office.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-6-08 Faculty improvement leave.

The faculty improvement program, established in conformity with section 3345.28 of the Revised Code, provides extended periods for professional growth and development. All fulltime, tenured members of the faculty with teaching loads who have served at least seven years in any rank in fulltime service are eligible for a faculty improvement leave. It enables faculty development away from campus and requires seven years of fulltime service for eligibility.

This program is crucially important for enabling the improvement of teaching techniques, extending the frontiers of knowledge, and maintaining the vitality of individual faculty members and programs.

The program provides release from teaching duties and other university assignments, either full compensation during one semester or two-thirds compensation during two semesters, continuation of university-provided insurance benefits and fee waivers, and eligibility for salary increment and promotion. For participants in the state teachers retirement system, contributions will be made as allowed by law. For participants in the alternative retirement plan, contributions will be made as permitted by the plan.

Specifics of the program are outlined below:

(A) Application for a faculty improvement leave is initiated through the department chair to the dean, provost, and president.

(B) In any single year, because of commitments to teaching and service as well as to faculty development, the university customarily will not authorize more than thirty faculty improvement leaves.

(C) Professional leave taken as a faculty improvement leave shall not normally be deemed to be in lieu of assigned research (assigned duty in connection with a specific research, scholarly, or creative program).

(D) A faculty improvement leave ordinarily does not involve additional funding for a department. A request for faculty improvement leave must indicate how the department will cover the load of the staff member applying for the leave. In rare instances when extreme hardship would result in a department if a faculty improvement leave were granted, funds may be authorized by the provost or dean to hire replacement staff.

(E) Faculty improvement leaves are granted on the basis of the contribution that the appointee will make to the university upon returning to normal assignment. Years of service are crucial for determining eligibility but are not a major factor in discriminating among aspiring candidates.

(F) A person may not receive a second (or "the next") faculty improvement leave until seven years have elapsed from the end of the previous leave.

(G) A request for a faculty improvement leave should detail the activities proposed for the year or the term and indicate their significance for the mission of the university. They may relate to professional growth, disciplinary research, a research project dealing with the effectiveness of various instructional methods, or teaching development.

(H) Persons receiving a faculty improvement leave are obligated to remain at Miami during the ensuing academic year and to make a full report of the results of the assignment to the chair, dean, and provost within ninety days of the completion of the leave. If a person does not return to Miami university during the ensuing academic year, he or she is expected to reimburse the university a prorated portion of university salary received during the faculty improvement leave for the portion of the post leave year that is not completed.

(I) Recipients of faculty improvement leaves may receive money for approved study or research or other activities expressly related to the purpose of the leave without prejudice to their receipt of income from Miami, provided that the total remuneration from all sources (including Miami) does not exceed the recipient's annual Miami university salary.

(J) In addition to salary, special arrangements may be made for grants to defray travel and similar coincidental expenses. These arrangements must, however, be approved in advance of the leave.

(K) Applications for a faculty improvement leave should be received in the academic personnel services office by December first of the academic year preceding the leave period if one is to receive most favorable consideration.

(L) Questions regarding the program and its guidelines should be addressed to the academic personnel services office.

Note: See Chapter 3339-4 of the Administrative Code for other leaves of absence available to members of the instructional staff.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Chapter 3339-7 Tenured and Non-tenured Staff

Ohio Adm.Code 3339-7-01 Evaluation of members of the faculty.

(A) Frequency and purpose of evaluation

Each lecturer, teaching faculty, probationary and tenured member of the instructional staff shall receive at a minimum a written annual evaluation based at least in part on data supplied by the person in his or her annual report of professional activities. Evaluations shall serve two functions:

(1) To guide the professional development of the person, and

(2) To record part of the evidence upon which personnel decisions and salary recommendations shall be based.

Accordingly, each annual evaluation should include strengths, weaknesses, and specific recommendations for improvement. Additional assessments may be conducted if deemed desirable by the chair, the program director (when appropriate), or their dean.

(B) Annual report of professional activities

Each lecturer, member of the teaching faculty, probationary and tenured member of the instructional staff shall submit to the chair or program director (when appropriate) a written annual report of professional activities that shall include information on publications (as applicable), teaching responsibilities, academic advising (as assigned) committee assignments, public service, and other professional activities.

Department chairs or program directors (when appropriate) shall prepare written evaluations and salary recommendations for instructional staff, seeking input from Oxford chairs when relevant. The regional chair will share the annual evaluations with the Oxford campus chair for those holding dual appointment.

(D) Annual evaluation of probationary members of the instructional staff

The policy for the annual evaluation of probationary members of the instructional staff is outlined in rule 3339-7-05 of the Administrative Code. Probationary members of the instructional staff shall receive a written explanation of the annual salary recommendation.

(E) Formative promotion evaluations

In addition to the annual evaluation, all members of the instructional staff in a promotable rank may request a formative promotion evaluation once per academic year. Upon the person's request, the evaluation shall be prepared by the department's promotion committee and by the chair (or only by the former if the chair is being evaluated) or program director (when appropriate). These evaluations shall be based on:

(1) Cumulative information provided by the person regarding criteria set out for his or her promotion and

(2) May include other relevant information

At the person's discretion, the information provided may include his or her plans that may help the promotion committee and chair or program director (when appropriate) provide useful guidance. Formative promotion evaluations are to guide the person toward promotion and are not to be used for personnel or salary decisions.

Faculty with a dual appointment must elect their promotion initiating division (Oxford or regional campus) prior to any application for a formative promotion evaluation that is made on or after July 1, 2017 or prior to an application for promotion, if no formative evaluation is sought after that date.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-05

(A) Each department will establish a committee to initiate tenure recommendations. The membership of this committee is to be determined by the department. In each year of the probationary period, the instructional staff member submits to the department a report of professional activities that addresses the tenure criteria. Subsequently, the department chair or program director (when appropriate), after consultation with the department tenure committee, prepares an annual written evaluation of the member's accomplishments; an evaluation that will provide an assessment of the member's progress toward tenure, including strengths and weaknesses and specific recommendations for improvement. The evaluation prepared by the department chair or program director (when appropriate) must be reviewed and formally acknowledged by the department tenure committee, and the probationer before forwarding to the dean, so that errors of fact and omission might be eliminated. Tenure eligible faculty with a dual appointment must elect their tenure initiating department and division (Oxford or regional) by December 31, 2016. The initiating department and division will be responsible for preparing the annual evaluation. The evaluation must be reviewed and formally acknowledged by both the Oxford and regional deans.

(B) Concerns regarding professional collegiality should be shared as promptly as possible with the person whose behavior is questioned. Notice of uncollegiality must be given to that person in writing no later than his or her next annual evaluation after occurrence of the behavior considered uncollegial.

(C) In the event the tenure committee's evaluation differs from that of the chair or program director (when appropriate), the tenure committee shall forward its evaluation to the probationer, with a copy to the dean of the regional campuses (when appropriate). Such evaluations are subsequently reviewed by the dean, and then officially transmitted to the probationer. Whenever the dean's evaluation differs from that of the department chair, the program director (when appropriate) or the department tenure committee, the dean must so inform the staff member, the chair, the program director (when appropriate), the committee, and the dean of the regional campuses (when appropriate), in writing, citing the basis for the judgment.

(D) In the third year of qualifying service, the department tenure committee will also prepare a separate written evaluation of the instructional staff member's progress toward tenure, including strengths and weaknesses and specific recommendations for improvement, and share that evaluation with the probationer and the department chair or program director (when appropriate). The chair or program director (when appropriate) will also write an evaluation of the probationer's progress toward tenure.

(E) The provost reviews the evaluations in the third, fourth, and fifth years of a candidate's probationary period. Whenever the provost's evaluation differs from what has already been recorded, this judgment, with reasons, will be reported in writing to the candidate, the department tenure committee, the department chair, the program director (when appropriate), and the dean. The complete documentation should also be distributed to the dean of the regional campuses (when appropriate).

(F) Early in the candidate's final year of probationary service, the department tenure committee undertakes a review of his or her cumulative professional record and makes a positive or negative recommendation for tenure to the department chair or program director (when appropriate). After receiving the department tenure committee's recommendation, the department chair or program director (when appropriate) makes a positive or negative recommendation. The candidate's application is then advanced to the dean, who makes a positive or negative recommendation. The university promotion and tenure committee then considers all candidates who have received a positive recommendation from the department committee, the department chair, the program director (when appropriate), or the dean. Candidates who receive a positive recommendation from the university promotion and tenure committee are advanced to the provost for consideration. Candidates who receive the provost's positive recommendation are advanced to the president. Candidates receiving the positive recommendation of the president are advanced to the board of trustees for final action.

History

Effective: November 3, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-02 Statement on the evaluation of teaching.

(A) General

Miami university stresses the importance of high quality teaching and its impact on student learning and recognizes that there are differing professional views on the nature and utility of evaluation of instruction. The university also recognizes that the responsibility of demonstrating teaching effectiveness rests with the faculty and the department.

Teaching is a complex and multi-faceted process, requiring multiple approaches to measurement which extend beyond student evaluations of teaching. Much of the richness of information is not necessarily quantifiable, but relies instead on qualitative information.

(B) Teaching evaluation plan

Each department is expected to develop a teaching evaluation plan. The major purpose of this plan is to provide a process to enhance the quality of instruction, and subsequently, student learning, at Miami. When implemented, each plan should provide faculty with information useful in improving their teaching (formative) and for documenting teaching effectiveness for promotion, tenure and/or annual performance appraisals (summative). Accordingly, candidates seeking promotion and/or tenure are urged to submit to their departments/divisions a variety of evaluation results administered on a consistent basis.

(1) The teaching evaluation plan is the responsibility of the department, in terms of initial development, implementation and ongoing revision.

(2) The department's plan shall reflect the complexity of the teaching/learning process by including multiple sources of evaluation data, including both quantitative and qualitative assessment methods. The plan shall also address both formative and summative activities. In addition to end-of-semester student evaluations, summative and formative activities could include, but are not limited to: ongoing classroom assessment, peer evaluations, student portfolios, chair or program director (when appropriate) evaluations, teaching (faculty) portfolios, classroom materials, samples of exemplary classroom lessons or assignments, senior exit surveys and alumni surveys.

(3) Departmental teaching evaluation plans shall reflect multiple models of teaching and student learning. For example, plans should be sensitive to lecture, discussion, inquiry or small group instruction.

(4) Formative evaluations are designed to aid in the course and teaching development by the instructor and his or her mentors and peers. These evaluations will not be used for summative purposes, such as promotion and tenure decisions or merit salary increases. Rather, formative evaluations are designed to provide valuable feedback for the improvement of course design and instruction, and they may be conducted by the instructor.

(5) Summative evaluations conducted at the end of a term will be retained and used as a part of the evaluation process for tenure, promotion, post-tenure review and merit salary increases.

(6) Unofficial and unregulated student evaluations (e.g., internet evaluations) may not be used for promotion and tenure purposes or any other personnel considerations.

(7) All faculty should have their classes (independent studies and other such courses, as well as classes with enrollments of fewer than five, are generally exempt) evaluated by students in some formal manner that is appropriate to the specific type of course. These evaluations will constitute a concrete record of teaching effectiveness that can be used for both self-improvement and summative evaluation, and shall be constructed in such a manner as to ensure credibility and integrity:

(a) The faculty member shall not administer his or her own evaluation. In accord with departmental/divisional procedures, a third party shall announce the evaluation, distribute the evaluation forms, and submit the forms for processing.

(b) The faculty member shall not receive any evaluation results until final grades for the semester have been submitted.

(c) If additional evaluations used exclusively for faculty self-improvement are administered, the above two conditions do not apply.

Independent studies and other such courses, as well as classes with enrollments of fewer than five, are generally exempt.

(D) Waiver of course evaluation reporting

A faculty member who plans to try a new experimental or innovative teaching approach in a single course may submit a formal written request to waive the reporting of end-of-semester or term course evaluation data for that course on their annual reports or promotion and/or tenure dossiers. The request should be submitted to the department chair or program director at least one month in advance of the first day of the semester or term when the course is to be taught. The request should include a rationale that includes a description of the new curricular or teaching approach to be implemented. New curricular or teaching approaches must be substantive (e.g., taking an interdisciplinary approach, teaching fully online, or incorporating service learning project). The chair or director notifies in writing the respective divisional dean and the faculty member of the decision to support or deny the faculty member's request to have the formal course evaluation reporting waived. Notification of support or denial must be made before the first week of class. Through this policy, faculty members are eligible to waive reporting of end-of-semester evaluations for one course every three years.

Digital evaluations will be conducted for formative purposes only. To further enhance the quality of the course, the faculty member is encouraged to utilize additional formative means of evaluating the course (e.g., small group instructional diagnosis, peer observation, assessment of student learning outcomes). See paragraph (C)(2) of this rule for examples.

(E) Note

Members of the faculty should consult with the dean of their division if they have questions relative to this policy, especially with regard to evaluation instruments.

History

Effective: October 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-03 Tenure and promotion.

(A) Purpose of tenure and promotion

The best faculty members combine intense intellectual curiosity with a talent for high-quality teaching, active prosecution of research, scholarly and/or creative work, and a demonstrable commitment to productive professional service. The university seeks to reward through tenure and promotion those persons who exhibit the highest standards of teaching, research, and service.

Tenure is a means of assuring academic freedom: that is, the freedom to teach, to inquire, to create, to debate, to question, and to dissent (see rule 3339-5-01 of the Administrative Code). Such activity is the essence of the search for truth and knowledge, and is primary to the university. This atmosphere is necessary as the university seeks to attract, maintain, and nurture a diverse and exceptional faculty. Promotion is a means of recognizing meritorious performance and professional accomplishment.

Each candidate for tenure and promotion is judged individually on the criteria, not relative to other candidates. Fulltime members of the instructional staff serving with a rank of professor, associate professor, assistant professor, or senior instructor either are tenured or are serving a prescribed probationary period. The probationary period is intended to give the individual an opportunity for professional growth and to give the university an opportunity to assess the individual's qualifications for a continuing appointment. If a candidate demonstrates the high quality of professional performance expected by Miami, tenure will be conferred, regardless of how many other candidates may be considered in a given year. However, it is not anticipated that all individuals will be able to demonstrate the high quality of professional performance required to achieve tenure.

(B) Eligibility for tenure

Tenure at Miami university is conferred by the board of trustees upon the positive recommendation of the president. Eligibility for tenure requires that a person:

(1) Serve as a fulltime member of the instructional staff;

(2) Be engaged at least fifty per cent of his or her appointment in regular teaching assignments and research, except when in the judgment of the department, the department chair, the program director (when appropriate), the divisional dean, and the provost, an instructional staff member's responsibilities warrant the protection of tenure; and

(3) Have an appointment with a tenure-eligible rank.

Eligibility for promotion, unlike tenure, does not require that the person be engaged at least fifty per cent of his or her appointment in regular teaching assignments or research.

A person with a fulltime tenure-eligible appointment who has not attained the rank of associate professor will be promoted to that rank upon the award of tenure. However, a person with a fulltime tenure-eligible appointment may apply for promotion to associate professor without making a simultaneous application for tenure.

Anyone seeking promotion to professor must meet the criteria as outlined by their departments, divisions, and the university. While there is no minimum time in rank required for associate professors, faculty members will typically need to spend enough time in rank to achieve a cumulative record of teaching, research/creative activity, and professional service as defined in Miami's policy regarding requirements for professor.

All faculty members planning to apply for promotion to professor are strongly encouraged to engage in a formative evaluation with their promotion committee prior to seeking promotion.

If a candidate seeking promotion to professor is denied, eligibility for promotion and re-submission will re-open after one academic year following receiving the denial.

Last updated November 3, 2023 at 7:47 AM

History

Effective: November 3, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-04 Definitions.

(A) Definition of terms

(1) "High-quality teaching and academic advising" is defined as meaning that the person has demonstrated the following:

(a) Proficiency in classroom instruction

(i) Through the discharge of such responsibilities as: meeting scheduled classes on time; being prepared for each class; being able to present material clearly; integrating new developments in the field and new methods of instruction; and

(ii) Through continuing evidence of favorable teaching evaluation.

(b) Maintenance of regularly scheduled office hours and an interest in students indicated by availability for conferences, or one-to-one contact, etc.

(c) Commitment to good teaching and maintenance of a continuing effort to improve teaching ability, including multiple measures of teaching effectiveness that are administered on a consistent basis.

(d) Participation in scholarly discussion on teaching problems.

(e) Initiative and skill in the development and administration of teaching programs.

(f) Satisfactory fulfillment of academic advising responsibilities.

(2) "Research, scholarly and/or creative achievement of high quality and its prospective continuation" is defined as meaning that a person has developed and formally presented through publication, performance, or other appropriate means a sustainable body of research, scholarship and/or creative work that is judged to be substantive and of high quality by others in the discipline. The university values an inclusive view of scholarship in the recognition that knowledge is acquired and advanced through discovery, integration, and application. Given this perspective, promotion and tenure reviews, as detailed in the criteria of individual departments and divisions, will recognize original research and creative/artistic contributions in peer-reviewed outlets as well as high quality integrative and applied forms of scholarship that involve collaborations with business and community partners, including translational research, commercialization of discoveries, technology transfer activities, and patents.

(3) "Productive professional service" is defined as the effective engagement in structured activities which contribute to the operation and advancement of a person's department, division, campus, the university, scholarly and professional associations, and/or the educational enterprise. Professional service includes the use of one's professional expertise in community, state, national or international service.

(4) "Professional collegiality" is not personal congeniality, but rather a quality manifested, for example, by behaviors such as willingness to serve on committees and perform work necessary to departmental operation, willingness to provide guidance and help to colleagues in their professional duties, adherence to professional ethics, respect for the ideas of others, and the conduct of one's professional life without prejudice toward others.

While departments, divisions, or campuses may define these terms or elaborate these definitions in their statements of procedures and policies, all elaborations must be consistent in spirit and content with the above and must be published. The department, the department chair, the program director (when appropriate), the divisional dean, the university promotion and tenure committee, the provost, and the president will consider these elaborative definitions when making tenure and promotion decisions.

(B) Assistant professor (tenure-eligible rank)

An assistant professor must hold an earned doctorate or other terminal degree, or the equivalent of such a degree, from an accredited college or university. (It is recognized that the equivalent of a doctor's degree may involve specialized training, study or experience that does not culminate in a doctorate.)

For appointment to this rank, a candidate must demonstrate:

(1) Ability to achieve effectiveness as a teacher and academic adviser;

(2) Ability to do research, scholarly and/or creative achievement;

(3) Ability to perform productive professional service; and

(4) Ability to meet standards of professional collegiality.

An associate professor must hold an earned doctorate or other terminal degree, or the equivalent of such a degree, from an accredited college or university. (It is recognized that the equivalent of a doctor's degree may involve specialized training, study, or experience that does not culminate in a doctorate.)

For appointment or promotion to this rank, a candidate must demonstrate:

(1) High-quality teaching and academic advising;

(2) Research, scholarly and/or creative achievement of high quality and its prospective continuation;

(3) Productive professional service; and

(4) Professional collegiality within the department, division, campuses, and university community.

(D) Professor (tenure-eligible rank)

Appointment or promotion to the rank of professor at Miami university will ordinarily be recommended to the board of trustees only for those members of the instructional staff who will enhance the excellence of this group and the academic standard of the university.

A professor must hold an earned doctorate or other terminal degree, or the equivalent of such a degree, from an accredited college or university. (It is recognized that the equivalent of a doctor's degree may involve specialized training, study, or experience that does not culminate in a doctorate.)

For promotion to this rank, a candidate must demonstrate excellence in the first and second criteria listed below and must demonstrate strength in the third:

(1) A cumulative record of high-quality teaching and academic advising;

(2) A cumulative record of research, scholarly and/or creative achievement, including recent work produced while at Miami university or since promotion at Miami university which has resulted in an established reputation within the discipline;

(3) Performance of productive professional service.

Regional campus faculty may elect to demonstrate excellence in the first and third criteria and demonstrate strength in the second.

History

Effective: October 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-06 Tenure and time.

(A) Probationary period

(B) Credit towards probationary period

(1) A one-year extension of the probationary period will be granted by the provost upon request of a probationary faculty member who

(a) Has or shares primary responsibility for the care of an infant or a newly-adopted child under age five, and who must commit substantial portions of time to this care;

(b) Faces similar responsibilities associated with a serious health condition of another person; or

(3) There is normally a limit of one such extension of any type during the probationary period. A person may, however, request a second extension through the provost.

(4) The maximum number of years of extension to the probationary period is two.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-09

(A) Reconsideration

Within ten working days of receipt of the written statement of reasons, the candidate may request, in writing, reconsideration from the person or committee that rendered the negative recommendation. Reconsideration is on the merits of the case.

The candidate may respond, in writing, to the written statement of reasons prior to reconsideration. The candidate's response to the written statement of reasons must be submitted no later than ten working days from the date of the request for reconsideration. Reconsideration shall be completed within ten working days of the receipt of the candidate's response or, if no written response is given, within twenty working days for the request for reconsideration.

A candidate who is given a positive recommendation upon reconsideration is notified as soon as possible. A candidate who is given a negative recommendation upon reconsideration is notified, in writing, with a statement of reasons for the negative recommendation. This written statement of reasons must be given no later than ten working days from the date the negative recommendation was made.

The original application, written statement of reasons for the negative recommendation, request for reconsideration, candidate's response to the written statement of reasons, and recommendation upon reconsideration, including the written statement of reasons, if any, become part of the record.

(B) Appeal of denials

Any candidate whose application for tenure or promotion has been denied has the right to appeal to the committee on faculty rights and responsibilities and, subsequently, to the president under paragraphs (E) and (H) of rule 3339-8-01 of the Administrative Code. The basis for the appeal must be an alleged procedural error or inequitable treatment.

The candidate must appeal, in writing, to the committee on faculty rights and responsibilities within fifteen working days of the last date of the consideration or reconsideration that resulted in the denial of the candidate's application for tenure or promotion. The written notice of appeal shall state the basis for the appeal and shall be addressed to the committee on faculty rights and responsibilities and delivered to the office of the provost.

Appeals will be heard by the committee on faculty rights and responsibilities under one of the options described in the paragraph (E) of rule 3339-8-01 of the Administrative Code. The decision of the committee on faculty rights and responsibilities may be appealed to the president under paragraph (H) of rule 3339-8-01 of the Administrative Code. The provisions of paragraphs (F), (G), and (J) of rule 3339-8-01 of the Administrative Code apply to all appeals of tenure or promotion denials.

The committee on faculty rights and responsibilities does not make a judgment on the merits of a candidate's performance, except insofar as a judgment may be implied in a finding of inequitable treatment. Thus, the committee will not make any findings about the ultimate viability of a candidate's application for tenure or promotion.

Appeals may also be based on allegations of discrimination, in which case they are covered by the university's policy prohibiting harassment and discrimination, rule 3339-3-06 of the Administrative Code. The basis for such an appeal would be discrimination based on sex (including sexual harassment, sexual violence, sexual misconduct, domestic violence, dating violence, or stalking), race, color, religion, national origin, disability, age, sexual orientation, gender identity, pregnancy, military status, or veteran status. Appeals alleging discrimination should be presented, in writing, to the office of equity and equal opportunity. Candidates are urged to file such appeals within fifteen working days of the last date of the consideration or reconsideration that resulted in the denial of the candidate's application for tenure or promotion; such appeals must be filed with the office of equity and equal opportunity within three hundred calendar days.

When appeals based on discrimination in the tenure or promotion process are filed, there shall be coordination, as appropriate, among the office of equity and equal opportunity, the committee on faculty rights and responsibilities, and the office of the provost.

In unusual circumstances, the president may direct that a candidate who has failed to achieve tenure be considered during the following academic year. In the event such consideration is directed, a previous positive recommendation for tenure by a committee or person can be reversed by the committee or individual only on the basis of a deteriorating performance or the discovery of evidence not previously available as it relates to the criteria applicable at the time the original tenure recommendation was made.

(D) Deadlines

The deadlines specified in paragraphs (A) and (B) of this rule may be extended by the provost. The running of any time period specified in these procedures will be suspended during thanksgiving recess, winter recess, spring recess, and the interval between the end of final examinations for spring semester and the date on which faculty are required to report for the ensuing fall semester.

History

Effective: November 3, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-08 The tenure and promotion process.

For the policy regarding eligibility to participate in the tenure and promotion process, see rule 3339-3-15 of the Administrative Code.

(A) Candidate's preparation of tenure and promotion materials

Individuals in the final year of their probationary period and those tenured members of the instructional staff who wish to be considered for promotion are responsible for assembling and submitting a dossier of accomplishments and relevant supporting materials (the application) to their tenure initiating unit (tiu). Candidates may solicit suggestions from the head of the tiu (department chair or program director) as to appropriate materials. The "promotion and tenure guidelines for dossier preparation" are reviewed and approved each year by university senate.

A candidate may amend or supplement the application at any time prior to the academic dean's final recommendation (including reconsideration). Once the academic dean has made a final recommendation, the application may not be amended or supplemented. If the candidate elects to amend or supplement the application after the dossier has been forwarded from the tiu to the academic dean for consideration, the academic dean will share the amended/supplemented dossier with the tiu. The tiu may elect to amend, supplement, or reverse its recommendation based on the amended/supplemented application.

(B) Departmental evaluation

To evaluate candidates seeking tenure, members of the promotion and tenure committee must hold the rank of associate or professor with tenure. To evaluate candidates seeking promotion to professor, members of the promotion committee must hold the rank of professor with tenure. Lecturers and clinical/professionally licensed faculty may not vote in matters involving the promotion and/or tenure of faculty in tenure-eligible ranks.

There shall be a minimum of three members on the promotion and tenure committee. If a committee has fewer than three members, a process for selecting additional faculty from an appropriate cognate area shall be established by the department or academic division.

After receiving the positive or negative recommendation of the department tenure or promotion committee, the department chair makes a positive or negative recommendation on the application to the divisional dean. The department's recommendation to the dean may be a joint report of the committee and the department chair or program director (when appropriate). However, if the recommendations of the committee and the department chair or program director (when appropriate) differ, both are transmitted to the dean. The promotion and tenures guidelines for dossier preparation is reviewed and approved each year by university senate.

The faculty of each division may develop procedures for divisional handling of tenure and promotion matters. The dean of the division is responsible for making a positive or negative recommendation on each application for tenure or promotion. If the dean's recommendation differs from the department chair's, the program director's (when appropriate), or the department committee's, the dean will discuss the case with the department chair the program director (when appropriate), or the committee (as appropriate) prior to the university promotion and tenure committee meeting.

(D) University promotion and tenure committee evaluation

The committee consists of the provost as chair, the deans of the six academic divisions, and six tenured members of the instructional staff (one from each of the academic divisions) appointed by the provost with the president's approval. Members serve staggered three-year terms. The committee is charged with making promotion and tenure recommendations to the provost. These recommendations may relate to university wide promotion and tenure policies and procedures or to individuals being recommended for promotion and/or for the conferral of tenure. The provost will appoint a representative from the office of the provost to serve as secretary without vote.

(E) Provost, president, and board of trustees evaluation

Candidates who receive a positive recommendation from the university promotion and tenure committee are advanced to the provost for consideration. Candidates who receive a positive recommendation from the provost are advanced to the president for consideration. Candidates who have the positive recommendation of the president are advanced to the board of trustees. Final action is taken by the board of trustees. If granted, tenure and/or promotion is conferred effective the next July first and is not specific to a given campus.

(F) Procedure when a negative tenure recommendation is about to be made

In the event any individual or committee is about to make a negative tenure recommendation, the annual written evaluations described in rule 3339-7-05 of the Administrative Code, annual review of probationary members of the instructional staff, will be reviewed by the individual or committee and appended to the candidate's tenure application.

(G) Notification of recommendation by any individual or committee

A candidate who receives a positive recommendation is notified as soon as possible.

A candidate who receives a negative recommendation is notified in writing with a statement of reasons for the negative recommendation. This written statement of reasons, which becomes part of the record, must be given no later than ten working days from the date the negative recommendation is made.

(H) Effect of degree completion on promotion

No promotion is effected solely by the completion of a degree. In those cases where an individual's appointment letter offers a rank contingent upon the completion of a degree, rank will be assigned as of the first day of the first regular academic term following award of the degree or the next July first, whichever is earlier.

Last updated November 2, 2021 at 10:14 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-15

Miami university imposes no restrictions on the concurrent employment of members of the same immediate family except the following:

(D) Specifically, immediate family members may not:

(1) Participate in searches or initial appointment decisions if an immediate family member is a candidate for the position.

History

Effective: November 5, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-8-01

(A) Pre-grievance requirements

Before a grievance is initiated, the faculty member is expected to engage in constructive discussion and consultation with the individual(s) involved, in order to assure that concerns are understood, and to attempt to reach a resolution. Faculty members are also encouraged to consult as appropriate with deans, chairs, colleagues, representatives of the provost's office, or the chair or any member of the committee on faculty rights and responsibilities for advice and counsel. The objective of such consultation is to resolve disputes and misunderstandings by clarification and conciliation, in order to avoid the need to initiate a grievance.

(B) Scope of grievance procedure

(1) A grievance is a request for a particular decision or action; or a request for modification of, or relief from, a decision or action previously taken. The purpose of the grievance procedure is to enable members of the faculty to raise questions and concerns, to attempt to resolve differences and, where appropriate, obtain redress, in matters directly affecting an individual or group relationship with the university.

(2) A grievance must identify a particular action, inaction, or decision, and an individual or individuals within the academic division of the university believed to be responsible for it.

(3) A grievance may not be initiated where the subject matter of the proposed grievance is:

(a) An action or decision exclusively affecting one or more individuals other than the grievant.

(b) A decision or action as to which the grievant has already been afforded the right to a university level hearing, whether or not such right was exercised.

A grievance is initiated by the submission of a written statement of the grievance to the committee on faculty rights and responsibilities via the chair of the committee. A grievance should not be filed with the committee until after an individual has used the departmental grievance and/or divisional appeal procedures.

(D) Grievance mediation procedure

The grievant may opt to bypass the mediation procedure and request a hearing by the committee on faculty rights and responsibilities under paragraph (E) of this rule. The grievant may first invoke the mediation procedure described below, or the grievant and the person against whom the grievance may be filed may create an alternative grievance procedure that is mutually acceptable to both of them. Grievants invoking the mediation procedure shall be afforded timely opportunities to reflect on offers and consult with counsel before rendering their decisions.

(1) A mediation committee consisting of three members will be convened by the chair of the committee on faculty rights and responsibilities. Each of the following individuals will appoint one member to the mediation committee within fourteen calendar days:

(a) The committee of faculty rights and responsibilities will appoint a former member of that committee still employed at the university.

(b) The grievant.

(c) The person against whom the grievance has been filed. If the grievance is filed against more than one person, these individuals shall jointly agree on a single person to appoint.

(d) All members of the mediation committee must be either tenured members of the faculty or members of the administration holding tenurable faculty rank and may not be serving on the committee on faculty rights and responsibilities.

(2) The mediation committee will convene within one month. The member appointed by the committee on faculty rights and responsibilities will serve as chair.

(3) The grievant and the respondent(s) will be expected to attend the mediation meeting. Attendance by legal counsel will not be permitted. Attendance by other individuals will be at the discretion of the mediation committee. The meeting will ordinarily be private and confidential to the extent permitted by law. In its discretion, the mediation committee may review documents and other information presented to it by any of the parties. The mediation committee will endeavor, at the meeting, to mediate and conciliate the dispute, and to bring about an agreed resolution. The members of the mediation committee may, in their discretion, schedule one additional mediation meeting, to be held within fourteen calendar days after the first. Faculty members participating in the mediation procedure shall be afforded opportunity, not to exceed twenty-one calendar days, to reflect on offers and consult counsel before rendering their decisions.

(4) If the matter is resolved to the satisfaction of all parties as a result of the mediation procedure, the dean, department chair, or other appropriate person will promptly implement the action agreed upon. The chair of the mediation committee will report to the chair of the committee on faculty rights and responsibilities that the matter has been resolved.

(5) If the matter is not resolved as a result of the mediation procedure, then the chair of the mediation committee will transmit a memorandum to the chair of the committee on faculty rights and responsibilities advising him or her of this without elaboration.

(6) Once the ad hoc mediation committee has either resolved the matter under paragraph (D)(4) of this rule or advised the chair of the committee on faculty rights and responsibilities that mediation was unsuccessful under paragraph (D)(5) of this rule, the mediation committee will not make any other finding or recommendation nor take any other action in the matter. Neither the mediation committee nor any of its members will retain any written or other record of any of the mediation committee's meetings or actions, except as provided in paragraph (D)(4) or (D)(5) of this rule.

(E) Grievance hearing procedure

(1) If the grievance is not resolved as a result of the mediation procedure or if the grievant opts to bypass the mediation procedure, the grievant may request a hearing of the grievance by the committee on faculty rights and responsibilities. The mediation procedure may not be used to appeal a negative decision concerning promotion or tenure. Paragraph (I) of this rule does not apply to negative decisions concerning promotion and tenure.

(2) At its discretion, the committee on faculty rights and responsibilities will determine whether the hearing will proceed in one of two ways:

(a) According to the procedure described in paragraphs (H)(1) to (H)(4) of rule 3339-8-03 of the Administrative Code; or

(b) With the consent of the parties according to such procedures on file with the office of general counsel that have been developed by the committee on faculty rights and responsibilities for the effective review of grievances brought to it. In order to provide effective review in the different types of situations with which it must deal, the Committee may, at its discretion, adopt more than one grievance hearing procedure alternative to the procedure in paragraph (H) of rule 3339-8-03 of the Administrative Code.

(3) The following regulations apply to any grievance hearing procedure developed by the committee on faculty rights and responsibilities:

(a) A written copy of the procedure to be followed in a particular case will be filed with the office of general counsel, unless the committee on faculty rights and responsibilities has chosen to use procedures already on file. In either case, a copy of the procedures shall be sent to the parties involved. A copy of the procedure shall be available to any person from the office of the office of general counsel and from the chair of the committee on faculty rights and responsibilities.

(b) All grievance hearing committees shall include at least five members of the committee on faculty rights and responsibilities, unless all parties have given their written consent.

(c) Any request by one of the parties to the grievance that an individual member of the committee be excused from the hearing, based on a claim that such member cannot be impartial in the particular case, will be resolved by the chair of the committee on faculty rights and responsibilities, unless the challenge is to the chair, in which case the challenge will be resolved by the vice chair.

(F) Report

Once the committee on faculty rights and responsibilities has made its determination, it will send a report to the parties to the grievance. The report will include findings of fact, conclusions drawn from these facts, and recommendations. At its discretion, the committee may include observations germane to the case.

(G) Implementation

(1) All recommendations made by the committee on faculty rights and responsibilities are to be implemented promptly unless appealed to the president.

(2) If there is no appeal and the committee on faculty rights and responsibilities has recommended that some action should be taken by a chair, dean, or other university official, the committee will notify that person to implement the recommendation promptly. If a person modifies or fails to act on the committee's recommendation, the committee may ask the president to order that its recommendation be carried out. If the recommendation is modified or not implemented, the committee may report this to faculty assembly for its action or instructions.

(H) Appeal to the president

The report of the committee on faculty rights and responsibilities may be appealed to the president within seven calendar days of receipt. Appeals to the president must be made in writing, with copies sent to all parties to the grievance and to the committee on faculty rights and responsibilities. The following appeal procedure is applicable:

(1) The party appealing must specify the basis for objection to the committee's report. Failure to so specify may result in dismissal of the appeal.

(2) The president will establish a schedule for the submission of materials and for the completion of any other steps involved in the appeal.

(3) The president will allow the parties to present argument on appeal. The president may decide whether to receive these arguments in writing, in person, or both. Regardless of the method used to present arguments, the president will allow each party to learn what the other has said and rebut these statements.

(4) The president's review on appeal will ordinarily be limited to those specific issues of fact, conclusions or recommendations brought to his or her attention by the party appealing.

(5) The president shall be bound by the findings of fact made by the committee on faculty rights and responsibilities unless those findings are against the greater weight of the evidence. Due deference must be accorded to findings of fact of the committee on faculty rights and responsibilities since it is the committee who is best able to observe the demeanor of witnesses and weigh their credibility.

(6) After deliberating on the appeal, the president may respond in the following ways:

(a) The president may concur with and order the committee on faculty rights and responsibilities' recommendations to be implemented immediately, unless there is an appeal to the board of trustees.

(b) The president may remand the matter to the committee for further consideration, and shall remand the matter to the committee if the president disagrees with any of the committee's findings of facts stating why.

(c) The president may reach different conclusions and/or determine not to follow the recommendations of the committee, but only after consultation with the committee. If, after the remand under paragraph (H)(6)(b) of this rule and after consultation with the hearing committee, the president disagrees with the findings of fact of the committee because, in the president's judgment, they are against the greater weight of the evidence, the president may reach new findings. In any event, however, the committee's conclusions, recommendations, and findings of fact will remain unaltered as part of the record of the case.

(7) The president shall promptly provide a written report of his or her decision on the appeal to the parties and the committee on faculty rights and responsibilities.

If the president, after consultation with the committee, does not accept the Committee's conclusions or recommendations, the committee may report this to faculty assembly. If the president, after consultation with the committee, does not accept the committee's findings of fact, the committee must report this to faculty assembly. The committee may report to faculty assembly in either its annual report or by placing it on the agenda of a meeting of the faculty assembly for its action or instructions.

(8) If the matter is remanded by the president to the committee on faculty rights and responsibilities, copies of the remand determination and its reasons shall be provided to both parties. The committee will reopen the proceedings and at the conclusion thereof submit a supplemental report to the president and the parties. The president may then act according to the options afforded by paragraph (H)(6) of this rule as if acting on the committee on faculty rights and responsibilities original report, except that a matter may be remanded only once unless the committee agrees to additional remands.

(9) If the president is a party to the grievance, then this paragraph (H) of this rule does not apply and any appeal shall be to the board of trustees.

(I) Appeal to the board of trustees

(2) The board shall review the report and supplemental report, if any, of the committee on faculty rights and responsibilities and the decision of the president. In its review, the board may consult with the president and shall give all parties to the grievance an opportunity to present argument to it. The board may decide to receive these arguments in writing, in person, or both. The board' action is final and shall be accompanied by a statement in writing setting forth its reasons.

(J) General matters

(1) References in this rule of the Administrative Code to a particular officeholder are to be read as including another individual serving in an "acting or interim" capacity for the officeholder and any other individual designated by the officeholder to serve in his or her stead.

(2) Time deadlines specified in this rule of the Administrative Code may be extended by agreement of the parties involved or, in the absence of such agreement, by decision of the chair of the committee on faculty rights and responsibilities.

(3) The running of any time period specified in these procedures will be suspended during:

(a) Thanksgiving recess

(b) Winter recess

(d) The interval between the end of final examinations for spring semester and the date on which faculty are required to report for the fall semester.

Grievance proceedings are generally treated as confidential to the extent permitted by law.

History

Effective: November 3, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-06

(A) Harassment and discrimination are prohibited

(B) Definitions

For the purpose of determining whether particular conduct constitutes a violation of this rule, the following definitions will be used:

(a) Adversely affects a term or condition of a person's employment, education, living environment or participation in a university activity; or

(b) Is used as a basis for or a motivating factor in decisions affecting the person's employment, education, living environment or participation in a university activity.

(i) Denying a person access to an educational program;

(ii) Denying salary increases and/or promotions;

(iii) Preventing a person from participating in any activity or program or using university facilities or services; or

(iv) Using protected class status as a motivating factor in making a decision about employment or educational opportunities.

Harassment becomes a violation of this rule when:

(a) Enduring the offensive conduct becomes a condition of continued employment; or

(D) Information and assistance

General information regarding this rule is available at the office of equity and equal opportunity, Hanna house, Miami university, Oxford, Ohio 45056, (513) 529-7157.

(E) Retaliation is prohibited

(F) Action

(G) Reporting harassment, discrimination, or retaliation- duty to report

Graduate assistants, resident assistants (RAs), orientation leaders (souls) and student managers in campus services are also required to report.

Exemptions:

In addition to reporting discrimination and harassment, information regarding alleged retaliation as described in paragraph (F) of this rule must also be reported.

(H) Advisors

(I) Making a report of harassment, discrimination, or retaliation

(J) Investigation of a report

(K) Review

(2) That new evidence exists that was not available at the time of the investigation; or

(3) The conclusion is clearly erroneous and not supported by the investigation.

The vice president for institutional diversity and inclusion will issue a written report and share it with all parties and the office of equity and equal opportunity.

(L) Disciplinary action

(M) Legal options

(N) Miscellaneous

History

Effective: October 1, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-10 Failure to attain tenure.

If a probationary faculty member is not granted tenure during the final year of the probationary period, his or her Miami service will be terminated no later than the end of the following academic year. Reconsideration and appeal procedures do not extend the date of termination of employment.

Last updated October 31, 2025 at 2:17 PM

History

Effective: October 14, 2005
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-11 Teaching, clinical professors and lecturers (TCPLs).

TCPL faculty includes lecturers and clinical lecturers with the ranks of assistant, associate and senior lecturer as well as teaching and clinical faculty with the ranks of assistant, associate and full professor. Collectively, these positions are referred to as TCPL faculty.

(A) TCPLs may not exceed the following percentages of continuing faculty (full-time TCPL and tenure/tenure-track) within each division:

(1) CAS: twenty-three per cent

(2) CCA: twenty-nine per cent

(3) EHS: twenty-six per cent

(4) CEC: twenty-nine per cent

(5) FSB: twenty-nine per cent

(6) CLAAS: twenty-nine per cent

Divisions must work within the structure of governance processes to modify this limitation and to address faculty composition more broadly. Divisions must adhere to their faculty composition policy and the dean of the college/school must annually communicate with faculty on current and historical trends in faculty mix. This communication should provide context including relevant budgetary resources and curricular needs. The provost will annually update the university senate on changes to divisional policies and faculty mix. Any changes that incur a raising of the new caps in this resolution must be approved by senate.

(B) Appointment to a TCPL position requires a competitive search.

To facilitate the professional development and position the TCPL faculty member for promotion to the associate level, the TCPL faculty member will develop, in concert with their department chair, a philosophy of teaching and service, and emanating from that philosophy an agenda or plan of activities. This plan should be tailored to the specific professional expertise of the faculty member and the needs of the curriculum, program/department, division, and students. Plans must be approved by the dean and provided to departmental and divisional promotion and tenure committee as annual reports and dossiers are evaluated.

Plans must be flexible and open to revision, assuming faculty member, departmental, and divisional agreement on significant changes (indicated by dean approval). Department chairs or program directors will revisit the TCPL faculty member's plan and goals as part of the annual review process.

Beginning in their second year, TCPLs must submit to the chair or program director a cumulative dossier that includes information on performance of teaching responsibilities academic advising (if assigned) and service as defined by the professional development plan.

Beginning in their second year, departmental promotion committees and chairs must provide a cumulative annual assessment of the dossier, TCPL faculty member's strengths and weaknesses and specific recommendations for improvement. The second and third year assessments, must be submitted to the dean for review.

(D) Positions

(1) Lecturers/clinical lecturers (assistant, associate or senior lecturer/clinical lecturer)

(a) Qualifications

A lecturer must:

(i) Hold a master's (non-terminal) degree from an accredited college or university or the equivalent thereof; and

(ii) Demonstrate effectiveness as a teacher or have documented extraordinary experience, talent, or abilities, which may include a professional license or professional certificate/degree, deemed critical to fulfilling the mission of the department or program; and

(iii) Demonstrate effectiveness as an academic advisor (as assigned).

(b) Assignment

(i) A lecturer's primary assignment is to perform instructional duties with the expectation they will be assigned to teach Miami plan and other undergraduate courses as assigned by the department chair/program director.

(ii) Lecturers may be assigned academic advising and/or university service responsibilities.

(iii) In extraordinary circumstances, with the written approval of the chair/program director, dean, and provost, and president, a lecturer may be assigned research or scholarship as part of workload expectations.

(iv) Lecturers, by virtue of the prospect that they may be associated with departments/programs for extended periods of time, should be as fully enfranchised as possible in the day-to-day life of the departments/programs in which they are appointed. Departmental promotion and tenure committees are required to to have TCPL representation on the committee when considering the promotion of lecturers. Any chair or faculty member serving on a promotion committee providing a recommendation of a TCPL candidate for promotion needs to be at the promotional rank or higher. If a TCPL of appropriate rank is not available within the department, a process for selecting additional faculty shall be established by the department or academic division.

(2) Teaching faculty (assistant, associate, full teaching professors/clinical professor)

(a) Qualifications

A teaching faculty member must:

(i) Hold a Ph.D. or other terminal degree from an accredited college or university or the equivalent thereof; and

(ii) Demonstrate effectiveness as a teacher, or have appropriate educational background, and significant professional experience which may include a professional license or professional certificate/degree; and

(iii) Demonstrate effectiveness as an academic advisor (if assigned).

(b) Assignment

(i) A teaching/clinical faculty member's primary assignment is to perform instructional duties with the expectation they will be assigned to teach Miami plan and other undergraduate courses as assigned by the department chair/program director.

(ii) Teaching/clinical faculty member may be assigned academic advising and/or university service responsibilities.

(iii) Teaching/clinical faculty may teach graduate courses and supervise graduate students as approved by the chair, academic dean, dean of the graduate school and provost.

(iv) In extraordinary circumstances, with the written approval of the chair/program director, dean, and provost a teaching/clinical faculty member may be assigned research or scholarship as part of workload expectations.

(v) Teaching/clinical faculty, by virtue of the prospect that they may be associated with departments/programs for extended periods of time, should be as fully enfranchised as possible in the day-to-day life of the departments/programs in which they are appointed. The departmental promotion and tenure committees are required to have tcpl representation on the committee when considering the promotion of tcpl faculty.

(vi) Any chair or faculty member serving on promotion committee providing a recommendation of a TCPL candidate for promotion needs to be at the promotional rank or higher. If a TCPL of appropriate rank is not available within the department, a process for selecting additional faculty shall be established by the department or academic division.

(vii) A candidate is notified of the recommendations made at each level as soon as possible.

(E) Appointments at the rank of assistant

Appointments to TCPL faculty positions at the rank of assistant are made on an academic year basis. If not renewed, the TCPL faculty member will be given notice of non-reappointment by February fifteenth. An assistant tcpl faculty member is eligible to receive, but not entitled to expect, annual renewal of the appointment. No person shall serve more than five academic years as an assistant TCPL.

Following a comprehensive evaluation and review in the fourth year, a TCPL faculty member may be promoted to the associate level. If not promoted, the TCPL faculty member will be given one full academic year's notice of non-reappointment before July first. A faculty member who failed to achieve promotion may reapply for promotion during their terminal fifth year. In the event the faculty member does not achieve promotion during their terminal fifth year, their employment will cease at the end of their terminal year.

(F) Promotion to the rank of associate

(1) Faculty who wish to be considered for promotion to the associate rank are responsible for assembling and submitting a dossier of accomplishments and relevant supporting materials to their department or program. The dossier should be in accordance with the dossier guidelines for teaching professors, clinical professors, lecturers and clinical lecturers and demonstrate the following criteria:

(a) High quality teaching;

(b) Academic advising (as assigned);

(d) Professional collegiality.

(2) The candidate's dossier is evaluated by the department or program (when appropriate), the chair and/or program director (when appropriate) and the academic dean. If there is a positive recommendation for promotion from the department or program (when appropriate), the chair and/or program director (when appropriate) or the academic dean, the dossier will advance to the provost for consideration and decision.

Appointments at the rank of associate are renewable in three year increments. Faculty members are entitled to one full academic year's notice of non-reappointment by July first.

(G) Promotion to rank of senior lecturer/clinical lecturer, teaching professor/clinical professor

Persons who have held the rank of associate for a minimum of three years may apply for promotion to the rank of full teaching professor/clinical professor or senior lecturer/clinical lecturer.

(1) Faculty who wish to be considered for promotion to full are responsible for assembling and submitting a dossier of accomplishments and relevant supporting materials to their department or program (when appropriate). The dossier should be in accordance with the dossier guidelines for all teaching professors, clinical professors, lecturers and clinical lecturers and must demonstrate the following criteria:

(a) Cumulative record of high quality teaching;

(b) Cumulative record of high quality academic advising (as assigned);

(d) Distinction or excellence in some area of pedagogy or service.

Appointments to the rank of senior lecturer/clinical lecturer and teaching/clinical professor are renewable in five year increments. Faculty members are entitled to one full academic year's notice of non-reappointment by July first.

(H) Extension of time for application to rank of associate

A TCPL faculty member who:

(1) Has or shares primary responsibility for the care of an infant or a newly-adopted child under age five, and who must commit substantial portions of time to this care;

(2) Faces similar responsibilities associated with a serious health condition of another person; or

(3) Has a serious health condition may request an extension of one year before application for promotion to associate is required.

This extension may be granted whether or not sick leave, personal leave, or family and medical leave has been taken. Written requests for such extensions must be made within one year of the birth, adoption, or serious health condition and must be made before the beginning of the academic year in which the application for promotion to associate is required (i.e. the fourth year). There may be other circumstances that require substantial amounts of time or produce excessive stress that would justify granting an extension of one year. In such cases, the TCPL faculty member may apply in writing to the provost, who in consultation with the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), and the divisional dean, will determine whether such an extension should be granted. Any such request for an extension must be made within one year of the occurrence of the circumstance and must be made before the beginning of the academic year in which the application for promotion to associate is required (i.e. the fourth year).

There is a limit of one extension.

(I) Non-renewal of TCPL faculty

TCPL faculty at the rank of associate or higher may be non-renewed for failure to perform duties and associated responsibilities in a satisfactory manner. The faculty member will first be given written notice of the deficiencies in performance and a full academic year (two full semesters) in which to demonstrate that the problem or deficiency has been overcome. In the event the faculty member does not overcome the deficiencies, the faculty member is entitled to a full-year's notice of non-reappointment. The university may issue the notice of deficiencies and a contingent notice of non-reappointment concurrently (e.g., give notice to the faculty member by July first that in the event these deficiencies are not overcome, the TCPL faculty member's appointment will not be renewed beyond the upcoming academic year.)

(J) Termination of TCPL faculty

TCPL faculty appointments may be terminated for cause at any time by the provost. Chairs/program directors and deans may recommend termination by providing written notice specifying the reasons for the proposed termination, along with supporting documentation, to both the faculty member and the provost.

The faculty member will receive an initial written notice specifying the reasons for the proposed termination from the provost along with supporting documentation. The notice will be accompanied by an opportunity for the faculty member to be heard either in a meeting with the provost or provost's designee or to respond in writing, at the faculty member's election. Faculty members are entitled to be accompanied by an advisor of their choice (including legal counsel) to the meeting with the provost.

If, following the meeting or receipt of the faculty member's written response, the provost determines that termination is not appropriate, the provost may impose one or more disciplinary sanctions and/or specify the terms and conditions under which the faculty member may remain employed. If the provost determines that termination is appropriate, the provost shall provide a written notice stating the reasons for termination. The decision of the provost is final.

(K) Position elimination

Upon the written recommendation of the chair/program director and/or with the written approval of the dean and provost, TCPL faculty positions may be eliminated due to budget constraints (to include lack of funds and/or lack of work) or reorganization. TCPL faculty at the rank of associate or above are entitled to at least one full academic year's advance written notice of position elimination.

If practicable, after considering the comprehensive instructional needs of the department, the chair should first seek to eliminate per credit hour, part-time and temporary faculty before eliminating lecturers and teaching faculty.

If other employment has not been secured by the end of the notice period, the university will provide severance pay to a faculty member with at least five academic years of continuous full-time Miami service. The severance pay program is intended to provide financial assistance during a period of employment transition. Eligible faculty members will receive one week of severance pay for each completed academic year of continuous Miami service beyond five academic years. Should the eligible faculty member secure other employment prior to or within the severance pay period (not inclusive of summer or winter term), he or she shall receive one-fourth of the unused severance pay in a lump sum.

Faculty who participate in a university faculty retirement incentive program are not eligible for severance pay. Faculty receiving severance pay are required to notify their chair and academic personnel services as soon as other employment is obtained.

(L) Grandfather clause

All assistant TCPL faculty members who began teaching at Miami in their current position prior to July 1, 2019 could elect to opt out of this policy. Upon such written election, the assistant TCPL was eligible to receive, but not entitled to expect, additional one-year appointments without limitation on the number of years of employment at the Assistant rank but will not be eligible for promotion. Eligible TCPLs had until December 20, 2019 to opt out and such decision is irrevocable.

Assistant TCPLs who began teaching at Miami in their current position prior to July 1, 2019 who do not opt out of this policy have four academic years before they are required to apply for promotion to the rank of associate (i.e. until the 2022-2023 academic year). With the approval of the department chair, program director (as appropriate), dean and provost, a TCPL faculty member may credit up to three years of prior Miami service at the assistant rank toward the four year promotion period.

Last updated November 3, 2023 at 7:47 AM

History

Effective: November 3, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3339-7-12 Other instructional staff titles.

(A) Visiting faculty (visiting assistant professor, associate or full visiting professor)

A visiting faculty member must:

(1) Hold a Ph.D or terminal degree in the discipline from an accredited college or university or the equivalent thereof,

(2) Have evident ability or promise as a teacher.

Title is assigned at time of appointment. Visiting faculty are eligible to receive, but not entitled to expect, annual reappointment not to exceed five academic years.

(B) Miscellaneous nonpromotable instructional staff titles

Adjunct professor, adjunct associate professor, adjunct assistant professor, adjunct instructor

Those professionals who volunteer to provide instructional staff services without pay on a part-time basis may be appointed with the rank of adjunct professor, adjunct associate professor, adjunct assistant professor or adjunct instructor. The person must:

(1) Bring professional distinction to the department and to the division of appointment;

(2) Must have demonstrated specialized competence which would enrich both students and faculty in the department or program of appointment; and

(3) Be available to share his or her research, teaching, and consultative competence with the university community.

A person with an adjunct rank may occasionally be paid for teaching a course, but such a role is neither expected nor ordinary. An adjunct rank will be granted only on request of departmental faculty and approved by the chair, the program director (when appropriate), the dean, and the provost. Appointments may be terminated at the will of the professor or the university.

In upgrading the adjunct rank of a person, the regular promotion process is not applicable. Upon request of the department or program (when appropriate), and with the approval of the chair, the program director (when appropriate), the dean, and the provost, an adjunct rank may be upgraded.

Faculty holding rank in one department may be considered for appointment to the additional title of affiliate in another department or interdepartmental program. The affiliate title is ordinarily used to recognize specific contributions on the part of the faculty member in teaching, and/or research, and/or service to a second department or interdepartmental program. The nomination for an affiliate title can be initiated only by the appropriate department or interdepartmental program, and it will be granted only on the approval of the appropriate chairs, the program director(s), the dean(s), and the provost.

The affiliate title is intended to recognize the linkage of appropriate cognate faculty to academic departments and programs. Guidelines for administering this title are as follows:

(1) Nomination for an affiliate title must be initiated by an academic department or interdepartmental program.

(2) An affiliate title may be initiated at any time. The title continues until such time as a department or interdepartmental program or the person wishes it to be removed.

(3) There is no limit to the number of affiliate titles a faculty member may hold.

(4) The affiliate rank (i.e., assistant, associate, full) shall be at the same rank as that held in the home department.

(5) The department chair or program director (when appropriate) initiating the affiliate rank will prepare a letter outlining the expected contributions (e.g., teaching a course or courses in the program, serving as an adviser to students working on a collaborative research project, etc.) the person will make to the unit.

(6) Since the expectation is that an affiliate is making a significant contribution to the second unit, the chair or director of the home department or program will endorse the letter requesting affiliate rank and will indicate how the affiliate's responsibilities to the home unit have been adjusted to accommodate the person's new activities. These letters are then forwarded to the appropriate dean(s) and then to the provost for approval.

History

Effective: November 11, 2019
Promulgated Under: 111.15

Chapter 3339-8 Procedures for Disciplinary Action on Instructional Staff

Ohio Adm.Code 3339-8-01 Grievance procedures available to members of the instructional staff.

(A) Pre-grievance requirements

(B) Scope of grievance procedure

(2) A grievance must identify a particular action, inaction, or decision, and an individual or individuals within the academic division of the university believed to be responsible for it.

(3) A grievance may not be initiated where the subject matter of the proposed grievance is:

(a) An action or decision exclusively affecting one or more individuals other than the grievant.

(b) A decision or action as to which the grievant has already been afforded the right to a university level hearing, whether or not such right was exercised.

(D) Grievance mediation procedure

(a) The committee of faculty rights and responsibilities will appoint a former member of that committee still employed at the university.

(b) The grievant.

(c) The person against whom the grievance has been filed. If the grievance is filed against more than one person, these individuals shall jointly agree on a single person to appoint.

(2) The mediation committee will convene within one month. The member appointed by the committee on faculty rights and responsibilities will serve as chair.

(E) Grievance hearing procedure

(2) At its discretion, the committee on faculty rights and responsibilities will determine whether the hearing will proceed in one of two ways:

(a) According to the procedure described in paragraphs (H)(1) to (H)(4) of rule 3339-8-03 of the Administrative Code; or

(3) The following regulations apply to any grievance hearing procedure developed by the committee on faculty rights and responsibilities:

(b) All grievance hearing committees shall include at least five members of the committee on faculty rights and responsibilities, unless all parties have given their written consent.

(F) Report

(G) Implementation

(1) All recommendations made by the committee on faculty rights and responsibilities are to be implemented promptly unless appealed to the president.

(H) Appeal to the president

(1) The party appealing must specify the basis for objection to the committee's report. Failure to so specify may result in dismissal of the appeal.

(2) The president will establish a schedule for the submission of materials and for the completion of any other steps involved in the appeal.

(4) The president's review on appeal will ordinarily be limited to those specific issues of fact, conclusions or recommendations brought to his or her attention by the party appealing.

(6) After deliberating on the appeal, the president may respond in the following ways:

(a) The president may concur with and order the committee on faculty rights and responsibilities' recommendations to be implemented immediately, unless there is an appeal to the board of trustees.

(7) The president shall promptly provide a written report of his or her decision on the appeal to the parties and the committee on faculty rights and responsibilities.

(9) If the president is a party to the grievance, then this paragraph (H) of this rule does not apply and any appeal shall be to the board of trustees.

(I) Appeal to the board of trustees

(J) General matters

(3) The running of any time period specified in these procedures will be suspended during:

(a) Thanksgiving recess

(b) Winter recess

(d) The interval between the end of final examinations for spring semester and the date on which faculty are required to report for the fall semester.

Grievance proceedings are generally treated as confidential to the extent permitted by law.

History

Effective: November 3, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-8-03

(A) General

(B) Matters handled by department chairs

(D) Initiation of disciplinary action

(a) Departmental action

(a) Information in sufficient detail to disclose fully the nature of the alleged misconduct;

(b) Reference to prior discussions and written communications on the subject, if any;

(d) A statement that the faculty member may arrange a meeting with the department chair and/or dean to discuss the matter and present the faculty member's views and information.

(2) Divisional action

(i) Information in sufficient detail to disclose fully the nature of the alleged misconduct and of the proposed disciplinary action;

(ii) Reference to prior discussions and written communications on the subject, if any;

(iii) Supporting documentation as appropriate;

(3) Responses to dean's memorandum

(4) Provost's direct initiation of disciplinary action

(a) Disciplinary action may also be initiated directly by the provost, upon the provost's own initiative or based upon a signed written complaint alleging misconduct by a faculty member.

(i) Information in sufficient detail to disclose fully the nature of the alleged misconduct and of the proposed disciplinary action;

(ii) Reference to prior discussions and written communications on the subject, if any;

(iii) Supporting documentation as appropriate;

(E) Mediation procedure

(1) The following mediation procedure is applicable in all cases in which it has been properly invoked under paragraph (D)(3) or (D)(4) of this rule.

(a) The committee on faculty rights and responsibilities will appoint a former member of that committee still employed at the university.

(b) The faculty member.

(F) Failure of mediation in cases initiated by departmental action

(a) To proceed with disciplinary action as proposed, and with penalty as recommended, by the dean;

(b) To proceed with disciplinary action proposed by the dean, but with a different penalty;

(d) If no decision is made within fourteen calendar days by the provost, the disciplinary action is at an end, and no further action on the alleged misconduct is available to the university.

(G) Request for hearing before the committee on faculty rights and responsibilities in cases initiated by departmental action

(a) If a hearing is timely requested, the hearing procedures described in paragraph (H) of this rule will be followed.

(b) If a hearing is not timely requested, the provost's recommendation will be final, and no further review or appeal will be available.

(H) Hearing procedure

(a) Convening of hearing committee

The hearing committee will be made up as follows:

(b) Prehearing conference

(a) Provide opportunity for either party to object to participation by any hearing committee member because of perceived bias or otherwise;

(b) Review existing documentation and identify any additional documentation to be provided at the hearing;

(d) Obtain clear understanding as to each party's recommended outcome;

(e) Clarify representation; establish who is to receive notifications;

(f) Obtain lists of witnesses and evidence to be offered at the hearing;

(g) Establish schedule for exchange of additional documentation and witness lists;

(h) Obtain requests for committee assistance in securing the attendance of witnesses;

(i) Discuss anticipated logistical and evidence problems;

(j) Discuss any possibility of summary disposition (See paragraph (H)(3) of this rule);

(k) Invite any further written submissions;

(l) Review scheduling problems; consider convenience of expected witnesses; schedule hearing;

(m) Explain and discuss hearing procedures.

(d) Hearing guidelines

(ii) All communications from the committee will go to both parties. All communications from either party to the committee will also go to other party.

(v) Both parties, or their respective representatives, shall have the right to submit evidence and cross-examine all adverse witnesses who testify in the matter.

(ix) Pertinent records and exhibits may be accepted as evidence for consideration by the hearing committee.

(x) Formal rules of evidence will not be followed; the committee may receive any evidence that it believes to be of probative value.

(xi) The hearing committee will determine the order of proceedings and other matters pertinent to the hearing. Normally, the following order will apply:

(a) Opening statements, if desired;

(b) Presentation of evidence in support of the claim that misconduct has occurred and the proposed penalty;

(d) Presentation of any evidence by either party that might rebut claims made by the other party;

(e) Closing statements, if desired.

The committee's files will be held by the office of the provost. The notes of individual committee members will be discarded.

(xv) Implementation. All recommendations made by the committee on faculty rights and responsibilities are to be implemented promptly unless appealed to the president.

(I) Appeal to the president

(a) The party appealing must specify the basis for objection to the hearing committee's report. Failure to so specify may result in dismissal of the appeal.

(b) The president will establish a schedule for the submission of materials and for the completion of any other steps involved in the appeal.

(d) The president's review on appeal will ordinarily be limited to those specific issues of fact, conclusions, or recommendations brought to his or her attention by the party appealing.

(f) After deliberating on the appeal, the president may respond to the hearing committee's report in the following ways:

(i) The president may concur with and order the hearing committees recommendations to be implemented immediately, unless there is an appeal to the board of trustees;

(g) The president will promptly provide a written report of his or her decision on the appeal to the faculty member and to the hearing committee.

(J) Appeal to the board of trustees

(K) Interim suspension

(1) An interim suspension is a suspension imposed by the provost before the disciplinary procedures described in this rule are initiated or resolved.

(2) During an interim suspension, a faculty member is relieved of all employment responsibilities. Additional terms of suspension, such as loss of office and library access, may also be imposed.

(i) The terms of the interim suspension;

(ii) The reason for the interim suspension;

(iii) The faculty member has a right to request a meeting to be held before five p.m. the next business day with the provost, as described in paragraph (K)(2) of this rule.

(b) The faculty member may request a meeting to be held before five p.m. the next business day with the provost for the purpose of opposing the interim suspension or any of its additional terms.

(L) General matters

(2) In cases in which a hearing is held under paragraph (H) of this rule as a result of a referral or election made in a proceeding initiated under a different university policy or procedure:

(a) The hearing and appeal procedures will be adapted as necessary in order to allow for active participation by one or more complainants or university officials previously involved in the matter.

(4) The running of any time period specified in these procedures will be suspended during:

(a) Thanksgiving recess.

(b) Winter recess.

(d) The interval between the end of final examinations for spring semester and the date on which faculty are required to report for the fall semester.

History

Effective: October 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-8-02 Termination of appointment or tenure for cause.

Any tenured appointment can be terminated for cause through the procedures set forth in rule 3339-8-03 of the Administrative Code. In such cases the usual provisions of advance notice of non reappointment may be set aside.

A member of the instructional staff with tenure shall not be dismissed except for cause. In turn, the privilege of tenure requires that a member of the instructional staff shall conduct oneself as a person of learning with the obligations of scholarly objectivity, accuracy, tolerance, restraint, and social responsibility. A change in status from tenure to annual appointment may be made at any time for cause and through the procedures hereinafter set forth in rule 3339-8-03 of the Administrative Code. Causes shall include the following:

(A) Intentional or repeated violations of expressly stated university regulations or university policy.

(B) Professional incompetence.

(D) Commission of an act involving moral turpitude which is punishable by a criminal statute of the state of Ohio.

(E) Violation of professional ethics as adopted by the university senate.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Chapter 3339-9 Rehiring After Retirement

Ohio Adm.Code 3339-9-03 Professor emeritus/emerita.

To be eligible for appointment to the rank of professor emeritus/emerita of Miami university, an individual must: have been granted tenure or continuing contract; have been a fulltime member of the faculty for at least ten years; have retired from Miami university; and, be recommended by the president to and approved by the board of trustees. Regardless of rank at retirement, the designation will be as appropriate "professor emeritus/a," "teaching professor emeritus/a," "lecturer emeritus/a," or "clinical professor/lecturer emeritus/a" not, for example, "associate professor emeritus/emerita." Emeriti/emeritae status comes after any retirement with rehiring appointments.

Last updated October 3, 2022 at 8:55 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-9-06 Nonreappointment of persons with probationary appointments and persons in nontenurable ranks.

(A) Written notice of the intention not to recommend appointment for the next academic year shall be given by the president or the president's designee no later than February fifteenth for a probationary faculty member in his or her first year of fulltime Miami university employment. If a probationary faculty member does not receive a February fifteenth letter in his or her first year of fulltime Miami employment, then the individual is normally entitled to at least a full academic year's notice of non-reappointment. This notice will be sent by July first preceding the final contract year. This provision for notice, however, does not preclude the termination of a probationary appointment for cause at any time. Rule 3339-8-02 of the Administrative Code shall apply to such termination for cause.

(B) Written notice of the intention not to recommend reappointment for the next academic year of an individual occupying a non tenurable rank shall be given by the president or the president's designee no later than February first. This provision of notice, however, does not preclude the termination of an appointment for cause at any time. Rule 3339-8-02 of the Administrative Code shall apply to such termination for cause.

History

Effective: October 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-8-02

(A) Intentional or repeated violations of expressly stated university regulations or university policy.

(B) Professional incompetence.

(D) Commission of an act involving moral turpitude which is punishable by a criminal statute of the state of Ohio.

(E) Violation of professional ethics as adopted by the university senate.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Chapter 3339-10 Policy on Attendance of Students

Ohio Adm.Code 3339-10-01 Attendance and absence of students.

Every student is expected to participate in academically related activities and attend every class session for which the student is duly registered.

It is the prerogative of the individual faculty member to set attendance policy for each individual course, and it is the responsibility of individual faculty to inform students in the course syllabus or other written document at the first class meeting of the semester, term, or sprint part of semester or term.

There are no university-recognized excused absences except for religious observances that require absence from a class session and other required class activities (see list of religious holidays). For a full semester or term course, students must give written notification to their instructor within the first two weeks of class of the religious event which prohibits class attendance and the date that will be missed if officially known. Students enrolled in sprint or part-of-term courses must give written notification to their instructor within the first week of class. Instructors will, without prejudice, provide such students with reasonable accommodations for completing missed work. However, students are ultimately responsible for material covered in class, regardless of whether the student is absent or present.

Faculty are required to excuse a student's absence due to pregnancy or related conditions, including recovery from childbirth for as long as the student's doctor deems the absences to be necessary. When the student returns to classes the student must be provided the opportunity to make up any work missed. Alternatives include allowing the student to take an incomplete and complete the course at a later date, or retaking the course or taking an online course. For additional information go to: www.2.ed.gov/about/offices/list/ocr/docs/pregnancy.pdf. The university senate also recognizes the need for flexibility when childcare responsibilities impact a student and urge instructors to accomodate students with childcare responsibilities.

It is the sense of the university senate that faculty, student groups and organizations, and the university athletic coaching staff are sensitive to the academic needs of students and the need for students to comply with the attendance policies in their respective courses. In general, class absence should be avoided unless absolutely necessary. If a student is involved in activities that result in class absence (such as intercollegiate athletics, band, debate, other class activities, etc.), it is the student's responsibility to negotiate specific arrangements with individual instructors about any absences.

The senate also recognizes the fundamental value of extra- and co-curricular activities and their significance in the students' overall educational experience. Instructors should recognize that participation in such activities is an integral part of students' education and helps to fulfill the comprehensive mission of the university. Therefore, instructors are urged to accommodate students who participate in extra- and co-curricular activities as far as may be compatible with academic requirements.

Whenever a student is absent from class to such an extent as to make the student's work insufficient or to impair the morale of the class, the instructor may direct the office of the university registrar to drop the student. During the first twenty per cent of the course no grade will be recorded; after the first twenty per cent is completed but before sixty per cent of the course is completed, a grade of W will be recorded. After sixty per cent of the course is completed, a grade of F will be recorded. The instructor shall notify the student of this action no later than the time he or she notifies the office of the university registrar. (See academic calendar)

A department instructor may, at its discretion, drop from a course any student who is absent from the first class meeting of a semester term or sprint part of semester or term unless the student notifies the department or instructor by the end of the day (eleven fifty-nine p.m.) of the first class meeting of his or her intention to take the course. When possible, departments and instructors should reinstate a student who, for reasons beyond his or her control, was unable to contact the department or instructor by this deadline.

The determination of individual class attendance requirements and their enforcement at the European center is governed by the attendance policy of the center.

History

Effective: October 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-10-03 Examinations.

(A) Final examinations or other evaluative substitution

Final examinations are expected in all undergraduate courses unless other evaluative substitute procedures have been approved by the department chair or dean of the division. Final examinations or duly approved substitutions may be completed during the appropriate final examination days following the end of each sprint, semester, or term, as noted in the academic calendar. Neither final examinations nor tests of fifty minutes or of greater length shall be given during the seven calendar days preceding the first study day of the final examination period at the conclusion of fall or spring semester. The above regulations do not apply to laboratory final examinations. No final examination, including a laboratory final examination, may be given during study days. Exceptions to these rules require the approval of the department chair, academic dean, and the provost.

(B) Schedule changes for final examinations or other evaluative substitution

No student shall be required to take four or more scheduled final examinations in any twenty-four-hour period or three or more scheduled final examinations in a given day. If a student has four or more final examinations in any twenty-four-hour period, or three or more scheduled final examinations in a given day, then one of those examinations (or two of those examinations, if the student has five or more examinations in a twenty-four hour period or four or more examinations in a given day) may be changed to a later time with the consent of the instructor, or to an earlier time with the consent of both the instructor and the dean of the academic division in which the course is given. In cases where a student is scheduled for four or more final examinations in any twenty-four-hour period or for three or more final examinations in a given day and no agreement as stated above can be reached, the provost shall be empowered to make necessary adjustments.

An individual student's final examination may not otherwise be rescheduled except in extraordinary circumstances beyond the student's control, in which case an attempt should be made to reschedule the examination at a later time rather than an earlier time if possible. Rescheduling an examination in such cases to a later time requires the consent of the instructor; advancing to an earlier time requires the consent of the instructor, the department chair/program director, and the dean of the academic division in which the course is given.

During final examinations week, an instructor may not reschedule a regularly scheduled class examination except in extraordinary circumstances, in which case an attempt should be made to reschedule the examination at a later time rather than an earlier time if possible. Rescheduling any class final examination requires the instructor to obtain the consent of the department chair/program director and the dean of the academic division in which the course is given.

Examinations and additional class requirements given other than during scheduled class meetings and the final examination periods do not take precedence over regularly scheduled classes or final examinations. In order that students might avoid scheduling conflicts, such examinations and additional class requirements should be scheduled on a course management system prior to the beginning of a semester. If it becomes necessary during the semester to hold an examination or class requirement other than during the scheduled class meeting, the instructor should search for a time which does not conflict with other scheduled courses in which any of his or her students are enrolled. For students whose participation in regularly scheduled classes precludes attendance at the additional examination or class requirement time, it is the responsibility of the instructor requiring the examination and/or additional class requirement to provide an alternative meeting time.

(D) Preparation of examinations

Examinations should not be repeated from year to year in identical form. No undergraduate student shall be employed to type or reproduce any examination questions. After an examination has been reproduced, the instructor must make sure that the reproduction office has returned all copies and other evidence.

(E) Administering examinations

Whenever there is congestion in a classroom during hour examinations, the chair of the department should, if possible, assign more than one proctor.

Whenever feasible each student should be seated so that vacant chairs surround him or her or alternate examinations should be given to students sitting side by side. Whenever possible, the office of the university registrar will assign larger rooms upon request.

(F) Proctoring of examinations

Every test, quiz and examination shall be carefully proctored. A proctor may consider it his or her right to require students to deposit all textbooks, notebooks, and loose paper of any sort in the front of the room whenever the full period is devoted to a test.

History

Effective: November 5, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-10-04 Textbook policy.

(A) Policy

The selection and adoption of textbooks and/or course materials are an academic departmental responsibility. Academic departments are encouraged to adopt the most appropriate and highest quality textbook for presenting course content and accomplishing course objectives. However, to maintain our goal of higher education access and affordability for our students and to comply with the Ohio department of higher education statutory requirements, academic departments are also encouraged to take into consideration the cost and expense of the textbook and other materials for the student taking the course when making adoption decisions.

Academic departments should make selections for required textbooks and supplemental and other course materials no later than the first day of class registration to ensure that sufficient quantities of textbooks and supplemental materials are available to meet the needs of students and to assist students in being responsible consumers.

Some exceptions may apply, including when the instructor for a course is not assigned before the registration process begins. In these situations, it is recommended that the instructor or department selects materials that are similar in cost to those previously used for the course.

Before each upcoming academic term, the office of the university registrar shall partner with the university bookstore to make publicly accessible the following information for each upcoming academic term:

(1) The international standard book number and retail price information of required and recommended commercial textbooks and supplemental materials for each course listed in the course schedule; and

(2) The expected number of students enrolled in each course and the maximum student enrollment for the course.

The office of the university registrar, in consultation with the university bookstore, shall communicate to the deans, department chairs, and program directors the date by which their textbook information is to be provided to the university bookstore.

The textbook information provided to the university bookstore shall be published on the university bookstore website and shall be made readily accessible through a link from the university's on-line course registration system.

If the international standard book number is not available, then the author, title, publisher, and copyright date for such college textbook or supplemental material will be published. If the university bookstore determines that the disclosure of the information required by this policy is not practicable for a college textbook or supplemental material, then it will place the designation 'to be determined' in lieu of the information required.

(B) Departmental responsibilities

(1) The information referenced in paragraph (A) of this rule will be made available by academic departments and programs each academic term to the ecampus online bookstore on or before a date specified by the office of the university registrar. The academic departments and programs will endeavor to ensure that the information provided to the ecampus online bookstore is in an acceptable format so as to avoid unnecessary orders and returns.

(2) Unless the academic department has made other arrangements, it is the responsibility of each individual instructor to secure his or her own desk copies of textbooks.

(3) Each academic department or program and regional campus coordinator should designate a person to act as its representative with the ecampus online bookstore and should inform the bookstore of the name of the designated person.

(4) To the extent possible, the ecampus online bookstore should be notified of increased enrollments of scheduled course sections and/or of additional course sections to be offered.

(5) Following the submission to the ecampus bookstore of textbook lists for the upcoming academic term, instructors are expected to use the textbooks specified for that term.

(6) Departmental representatives should use the option available with the ecampus online bookstore to indicate that no textbook is required when an instructor does not plan to use a textbook for their course.

The university bookstore is responsible for disseminating information to students regarding:

(1) Available institutional programs for renting textbooks or for purchasing used textbooks;

(2) Available institutional guaranteed textbook buy-back programs, if any;

(3) Available institutional alternative content delivery programs; or

(4) Other available institutional cost-saving strategies.

Last updated October 3, 2022 at 8:55 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-10-06 Use of self-authored materials.

In the event that an instructor wishes to utilize a commercial textbook(s) or other material which is authored by the instructor and the sale of which results in a royalty being paid to the instructor, then such textbook/material may only be required by the instructor if:

(A) The instructor's chair or program director and dean have consented to the use of the textbook/material; or

(B) The majority of faculty within the instructor's department has voted to permit the instructor's use of the commercial textbook/material in the instructor's class.

Sales of such items cannot be conducted directly between a faculty member and a student.

Last updated November 2, 2021 at 10:15 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Chapter 3339-11 Approvals of Curriculum and Lifelong Learning

Ohio Adm.Code 3339-11-01 Curriculum.

(A) Adding new courses

(1) Permanent courses

A proposal for a new permanent course shall first be approved by the department or program, after consultation with other departments or programs where appropriate. The proposal must also be submitted for approval by the following bodies.

| Approving Body | Undergraduate | Graduate | | --- | --- | --- | | Department or program | X | X | | Division | X | X | | Council of academic deans | X | X | | University senate consent calendar | X | X |

Any permanently approved topics may have modifiers to allow students to register for the course more than once or to focus on specific content (hence, different titles) within a very large body of material.

(2) Temporary courses

When special course offerings are demanded by circumstances such as changes in staff, the divisional dean may grant temporary approval. The dean may also grant temporary approval to a new course that a department or program wishes to test before seeking permanent approval. Once a course is offered under this temporary provision, it may be offered any number of times during the next four terms. All requests for temporary course approval must be accompanied by a syllabus and shall be forwarded, with a recommendation, by the appropriate dean to the office of the university registrar. If the temporary course request involves a graduate-level course, the dean of the graduate school must also approve it.

(3) University honors programs seminars

University honors program seminars are normally taught three but not more than four times in successive years. Exceptions to this policy may be approved by the director of the university honors program.

(B) Revising existing courses

A proposal for revisions of an existing course shall first be approved by the department or program, after consultation with other departments or programs where appropriate. These course changes must be submitted to the division for approval. Upon approval by the division, these course changes will appear on the university senate consent calendar and become official at the close of the senate meeting in which the course change is received. Divisions are responsible for reviewing all senate consent calendar items prior to the university senate meeting.

(1) Significant course changes

The following revisions to an existing course are considered significant and warrant approval by university bodies:

(a) Change in student learning outcomes or other significant course content change.

(b) Any change in credit hours.

Significant course changes must be submitted for approval by the following bodies.

| Approving body | Undergraduate | Graduate | | --- | --- | --- | | Department or program | X | X | | Division | X | X | | | | | | Council of academic deans | X | X | | University senate consent calendar | X | X |

(2) Additional course changes

These are in addition to the above significant course changes and require approval by only the department or program and the division:

(a) Change in title.

(b) Any change in course number unless associated with the significant course change revisions listed in this paragraph.

(d) Change in prerequisites, co-requisite or concurrent courses.

(e) Cross-listing of courses (approval needed from all cross-listed departments, programs, and divisions).

(f) Change in instructional type.

(g) Change in grading mode.

Certain course numbers are reserved for a variety of seminars, independent study coursework, special topics, internships, research, thesis, dissertation, and workshops. Consult the Miami bulletin-general edition for more information.

(D) Deleting a course

References to class days in agency 3339 of the Administrative Code includes final exam week. During the fall semester of each academic year, the office of the university registrar will electronically notify the appropriate chair or program director and academic dean of any courses, with (cross-listing notations), that have not been offered or have had no enrollments for the prior four academic years. No action will be taken on these courses at this point in time. If the courses on this list are not offered by the start of the fifth academic year, they will be removed from the next publication of the general bulletin. In this fifth academic year, the chair or program director with the approval of the appropriate academic dean may notify the office of the university registrar of a decision to retain the course on the list of active university courses for one additional year. The course will remain for an additional sixth year and be deleted during the following year, if not offered or has no enrollment. Failure to supply such notification by stated deadline of the fifth year of a course not being offered will result in the deletion of the course from the general bulletin list of active university courses. A department or program wishing to offer a course that has been deleted must follow the procedures for approval of a new course before the course may be offered again.

(E) Deleting a minor, thematic sequence, or certificate

References to class days in agency 3339 of the Administrative Code includes final exam week.

Each academic year during fall semester, the office of the university registrar will electronically notify the appropriate chair or program director and academic dean of minors, certificates, and thematic sequences that have had no or a low number of students (less than twelve students for undergraduate programs and seven students for graduate programs) graduating within the academic program during the prior four academic years. No action will be taken on these academic programs at this point in time. If the programs on this list continue to have low or no enrollments by the start of the fifth academic year, they will be removed from the next publication of the general bulletin. In this fifth academic year, the chair or program director with the approval of the appropriate academic dean may notify the office of the university registrar of a decision to retain the minor, certificate, or thematic sequence on the list of active university programs for one additional academic year. The program will remain for an additional sixth year and be deleted during the following year, if low or no enrollments. Failure to supply such notification by the stated deadline of the fifth year of a low or not awarded program will result in the deletion of the program from the general bulletin. A department or program wishing to offer an academic program that has been deleted must follow the procedures for approval of a new academic program before the program may be offered again.

Departments or programs may also elect to propose an elimination of a minor, thematic sequence, or certificate, on their own and at any point, following the appropriate department governance procedures. In this situation, the proposed elimination must be submitted for approval by the following bodies following the process described in paragraph (I) of this rule.

(F) Adding a new degree

The proposal for any curriculum or program leading to a new undergraduate or graduate degree, including name change to the same, shall first be approved by the department or program, after consultation with other departments or programs (where appropriate). The proposal must also be submitted for approval by the following bodies.

| Approving body or person | Undergraduate | Graduate | | --- | --- | --- | | Department or program | X | X | | Division | X | X | | Council for undergraduate curriculum | X | | | Graduate council | | X | | Council of academic deans* | X | X | | University senate | X | X | | President | X | X | | Board of trustees | X | X | | **Office of the provost | X | X |

*Only members of COAD with faculty status vote on curricular items.

**Note: Upon approval by the board of trustees, the office of the provost, in consultation with the academic division and department or program, coordinates the approval of new degrees with the appropriate external agencies, including the Ohio department of higher education, U.S. department of education (DOE), and the higher learning commission (HLC). State authorization may be needed for online and off-site programs. Graduate degree programs require two sets of approval - the first for the preliminary program development plan and the second for the full proposal.

(G) Adding a new major

Adding new major at the undergraduate or graduate level shall first be approved by the department or program, after consultation with other departments or programs (where appropriate). The proposal must also be submitted for approval by the following bodies.

| Approving body | Undergraduate | Graduate | | --- | --- | --- | | Department or program | X | X | | Division | X | X | | Council for undergraduate curriculum | X | | | Graduate council | | X | | Council of academic deans* | X | X | | University sentate | X | X | | **Office of the Provost | X | X |

Only members of COAD with faculty status vote on curricular items.

**Note: Upon approval by university senate, the office of the provost, in consultation with the academic division and department or program, shall coordinate proposals for new undergraduate majors with external agencies, such as the Ohio department of higher education, the U.S. department of education (DOE), and the higher learning commission (HLC). State authorization may be needed for online and off-site majors. Graduate degree programs require two sets of approval - the first for the preliminary program development plan and the second for the full proposal.

(H) Adding a new co-major, minor, or new certificate

Any new co-major, new minor, or new certificate at either the undergraduate or graduate level shall first be approved by the department or program, after consultation with other departments or programs (where appropriate). The proposal must also be submitted for approval by the following bodies.

| Approving body | Undergraduate | Graduate | | --- | --- | --- | | Department or program | X | X | | Division | X | X* | | Graduate council | | X** | | Council of academic deans*** | X | X | | University senate (consent calendar) | X | X | | ****Office of the provost | X | X |

*Proposals for new co-majors need approval of all academic divisions.

**Only those that require approval by the ODHE chancellor's council on graduate studies.

***Only members of COAD with faculty status vote on curricular items.

****The office of the provost in consulatation with the academic division and department or program shall coordinate approvals for certificates which have the possibility of enrolling students who are not already enrolled in a Miami degree program with the appropriate external agencies, including the Ohio department of higher education (ODHE), the U.S. department of education (DOE), and the higher learning commission (HLC).

(I) Eliminating or revising a degree, major, co-major, minor, or certificate

Any elimination or revision to a degree, major, co-major, minor, certificate, or concentration including name changes to the same, at either the undergraduate or graduate level shall first be approved by the department or program, after consultation with other departments or programs (where appropriate).

Revisions requireing approval include:

(1) Change in name of program

(2) Curriculum modification, including addition or revision of a concentration with a degree program or major

(3) Change in delivery mode for fifty per cent or more of the requirements

(4) Change in sites where program is offered

(5) Accelerated or flexibile delivery

(6) Enrolling non-matriculated students to enroll (for certificates only)

(7) Elimination of program

The proposed elimination or revision must also be submitted for approval by the following bodies.

| Approving body | Undergraduate | Graduate | | --- | --- | --- | | Department or program | X | X | | Division | X | X | | Graduate council | | X* | | Council of academic deans** | X | X | | University senate (consent calendar) | X | X | | Office of the provost*** | X | X |

*Only those that require approval by the ODHE chancellor's council on graduate studies (CCGS).

**Only members of COAD with faculty status vote on curricular items.

**The office of the provost, in consultation with the academic division and department or program shall coordinate appropriate approvals with external agencies, including the Ohio department of higher education (ODHE), U.S. department of education (DOE), and the higher learning commission (HLC). External approval is required for substantial changes to the curriculum, change in sites where the program is delivered, change in delivery mode, and (in the case of certificates) enrolling students who are not already enrolled in a Miami degree program.

If a department cannot agree upon the elimination of an academic degree or major by a simple majority vote, the department or academic program (unit) may request that university senate executive committee in consultation with the provost appoint a process coordinator who will be charged with ensuring that the decision-making process is fair and empowers all constituents; ensuring that the process not only allows adequate time to hear and debate all concerns, but also is as efficient as possible; acting as a sounding board and mediator, as required, throughout the decisionmaking process; and acting as a liasion between the affected units and university senate (the process coordinator does not need to be a member of university senate).

Within the span of one academic semester, the process coordinator will engage in analysis of the proposal, including substantive deliberation and feedback from affected division(s), department(s) or program(s). The analysis should assess benefits and impacts on the university mission, on all constituents, and affected units, and on budget. Where diverse perspectives exist, the process coordinator will ensure that they are included in the impact analysis. The process coordinator will present findings of the analysis and make recommendations to the university senate and the provost.

Once these steps are concluded, the process for approval, elimination or revision of a degree program or major (as appropriate) should be followed.

(J) Resolving objections to proposed changes to the curriculum

If an objection is raised to a proposed curriculum change, the appropriate deans and department chairs or program directors will usually meet to resolve the matter. If the objection is not resolved in a timely fashion or if an unresolved objection is made to a proposal that has been approved by a division, the proposal will be forwarded to the council of academic deans to resolve the matter. If the object is not resolved, it will be forwarded to university senate for action.

(K) Office of the university registrar responsibilities

The office of the university registrar, in collaboration with the office of the provost, shall provide consultation and advising prior to and during the course and curriculum approval process in order to assist the university in utilizing the structure and options of all functional capabilities to the fullest.

The office of the university registrar will track the course and curriculum approval process, including approval of new courses, changes to courses, new curriculum, or changes to existing curriculum.

The office of the university registrar will provide a permanent repository for all curricular and course approvals.

The office of the university registrar is enjoined from recording credit or permitting publication of information for any course or curriculum not duly approved under this rule.

(L) Office of the provost responsibilities

The office of the provost will conduct an initial review of all new curricula and significant changes to existing curricula to ensure compliance with applicable policies and encourage appropriate consultation with other departments or programs. It will also report all course and curriculum changes to university senate. The university senate explicitly approves a new major or a new degree. A new minor, a new certificate, a new course, or a new concentration (and revisions, including name changes to same) will appear on the senate consent calendar. Following final action by university senate, the office of the provost will report all changes in curriculum to the office of the university registrar for inclusion in the permanent repository for all curricular and course approvals. New majors and new degrees will be reported in the e-report or other suitable communication medium which will reach members of the university community. New degrees require the approval of the board of trustees. Upon final approval by the board of trustees, the office of the provost, in consultation with the academic division and department or program, shall submit proposals for new undergraduate degrees to the Ohio department of higher education (ODHE). The graduate school reports proposals for new graduate degrees to the Ohio department of higher education. Upon approval from ODHE, new undergraduate and graduate degrees are reported to the higher learning commission by the office of institutional research in conjunction with the office of the provost.

Last updated November 3, 2021 at 10:50 AM

History

Effective: November 1, 2021
Promulgated Under: 111.15

Chapter 3339-12 Evaluation and Reappointment

Ohio Adm.Code 3339-12-01 Evaluation and reappointment of the provost.

The provost wishing reappointment will be evaluated during the fifth year of service using a questionnaire distributed to all faculty and academic administrators. A committee of three elected from and by all academic deans will be involved in drafting the questionnaire in cooperation with the president. The committee will review the specific results of the evaluation in confidence with the president. A summary of the results of the evaluation will be given to the provost. Barring a request by the provost not to be reappointed, a summary of the results will be distributed to all academic deans, and department chairs, who will share them with their faculty. The reappointment decision will be made by the president; however, reappointment will normally be made in conformity with the judgment of the deans, and department chairs. The provost may be removed at any time by the president for cause.

History

Effective: March 6, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-12-02 Appointment, evaluation, and reappointment of academic deans.

The deans of the Oxford campus academic divisions (academic deans) and the dean of the regional campuses are appointed by the president upon the recommendation of the provost. The person must normally be acceptable to the faculty and to a majority of the department chairs in the division or in the case of the dean of the regional campuses to the faculty, regional campus coordinators, and chairs of the regional campuses. Responsibilities of the academic dean are assigned by the provost.

The initial term of appointment for an academic dean or dean of the regional campuses will be five years. A dean who has served an initial term may be reappointed for additional term(s), each term not to exceed five years. Formal evaluation must precede reappointment to any additional term.

Academic deans or the dean of the regional campuses wishing reappointment will be evaluated during the final year of their appointment (including any years as interim or acting dean). Formal evaluation of each academic dean or dean of the regional campuses will be conducted by the all-university faculty committee for evaluation of administrators in accordance with this policy and by a separate administrative evaluation committee to engage those individuals directly responsible to the dean, colleagues, and other administrative constituents. For academic deans, the administrative evaluation committee will consist of three department chairs from that division, elected by the chairs. For dean of the regional campuses, the administrative evaluation committee will consist of three regional campus coordinators and/or chairs, elected by the regional campus coordinators and/or chairs from that campus. The administrative evaluation committee will develop the evaluation instrument in cooperation with the dean and the provost. The administrative evaluation committee will review the specific results of the evaluations in confidence with the provost. Barring a request by the academic deans or the dean of the regional campuses not to be reappointed, the evaluation will proceed as described in paragraph (D) of rule 3339-12-05 of the Administrative Code.

Decisions concerning reappointment will be made by the president upon the recommendation of the provost. Reappointment of an academic dean will normally be made in conformity with the judgment of the faculty and department chairs of the division. Reappointment of the dean of the regional campuses will normally be made in conformity with the judgment of the faculty, regional campus coordinators, and chairs of that campus. If the recommendation for reappointment of an academic dean or the dean of the regional campuses is not in conformity with the judgment of faculty and chairs (and regional campus coordinators when applicable) a written explanation for the discrepancy shall be given.

With the concurrence of the president, the provost may at any time reassign an academic dean or the dean of the regional campuses to the faculty. Reasons for reassignment include, but are not limited to, failure to perform duties in a satisfactory manner; violation of university rules, regulations or policies and/or directives of the board of trustees; and/or violation of professional ethics or commission of an illegal act. In the event the reasons supporting reassignment also constitute grounds for discipline or termination, the provost may, in addition to reassignment, pursue discipline or termination under rule 3339-8-03 of the Administrative Code.

History

Effective: March 6, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-12-05

(A) Membership

An all-university faculty committee for evaluation of administrators will review the provost, all academic deans, the associate provost for research and dean of the graduate school, the dean and university librarian, and the university director of liberal education in years three and five of their five-year administrative appointments. Committee reports are intended to serve two functions:

(1) To guide the professional development of the individuals, and

(2) To record part of the evidence upon which future personnel decisions may be based.

The all-university faculty committee for evaluation of administrators (committee) will consist of eight members of the faculty assembly, one to be chosen by each division for a total of five, one to be chosen by the library faculty and one to be chosen by each of the regional campuses. The members of the committee will be elected by the faculty with election procedures to be set by the university senate. The committee shall elect one of its members to serve as chair. Members of the committee who are on probationary status (i.e., nontenured or who do not hold continuing contract status) are not eligible to serve as chair of the committee. In accordance with a university senate motion of November 5, 1990, the library faculty as well as the faculty of the regional campuses shall not be eligible as nominees or electors in the election of divisional representatives. Each member will serve a nonrenewable three-year term beginning July first of each year. The terms will be staggered so that one-third of the committee is elected each year. In the event of the resignation of a member of the committee before the end of his or her term, that seat shall be filled by the candidate (who had not been previously elected) who received the largest number of votes when the ballots are retabulated after votes for the person who has resigned have been deleted. In the event no such candidate is available, a new election will be held for the vacated seat.

(B) Schedule

Each fall semester, the committee shall prepare a questionnaire for the evaluation of each administrator it is scheduled to evaluate during the next academic year. Administrators in year five of their five-year administrative appointment will be evaluated in the fall semester of the evaluation year. Administrators in year three of their five-year appointment will be evaluated in the spring semester of the evaluation year. The committee shall distribute the questionnaire to members of faculty assembly assigned to or served by the administrator's unit, and it shall prepare an evaluation report to be submitted to the administrator's supervisor.

The committee shall develop a common core of questions appropriate for each class of administrators it is responsible for reviewing. For example, it shall develop a common core of questions for all deans of academic divisions. When developing these questions, the committee shall consult with the class of administrators to be reviewed and with their supervisor. All questionnaires shall be accompanied by a one-to-two-page statement from the administrator being evaluated that addresses the following questions:

(1) What are your duties?

(2) What have been your most significant accomplishments since occupying this position or since last you were evaluated in your current position?

(3) What are your primary goals for the duration of your appointment?

All questionnaires shall begin with a question that asks respondents whether they feel that they have sufficient information to evaluate the administrator; respondents who reply that they do not shall be asked to return the questionnaire with only that question completed. All questionnaires shall ask respondents who complete more than the first question to indicate the extent of their knowledge of the administrator's responsibilities and performance.

When preparing to evaluate a particular administrator, the committee shall adapt the common core of questions to reflect this person's responsibilities and any special and unique aspects of the administrator's position or circumstances. In this process, the committee shall consult with the administrator to be reviewed and the administrator's supervisor. The final decision on the composition of the questionnaire rests with the committee.

(D) Committee reports

The committee's final evaluation reports shall be submitted by December first of each year for administrators evaluated in year five and by April fifteenth of each year for administrators evaluated in year three. Before then, the committee shall submit a draft of the report to the administrator's supervisor. The supervisor and the committee (or a representative) shall meet to discuss the draft report and make any modifications deemed appropriate by the committee. If the committee and the supervisor disagree on the final report, the supervisor may attach a letter to the committee report explaining the disagreement. This letter becomes part of the final report.

In year three of an administrator's appointment, the committee's final report shall be promptly shared by the supervisor with the administrator being evaluated, and a summary of the committee's final report shall be prepared jointly by the supervising administrator and the committee. If the administrator is continuing in his or her position for at least one more year, this summary shall be submitted to the faculty within the unit. If the supervising administrator and the committee cannot agree on the summary, they shall prepare separate summaries which shall be distributed together to the faculty within the unit.

In year five of an administrator's appointment, the all-university faculty committee shall cooperate with the evaluation committee established in "appointment, evaluation and reappointment of academic deans" or "evaluation and reappointment of the provost" of this manual. A summary of the final reports by the faculty committee and the committee established in "appointment, evaluation and reappointment of academic deans" or "evaluation and reappointment of the provost" of this manual shall be prepared jointly by the supervising administrator and the combined evaluation committees. This summary shall be submitted to the faculty within the unit if the administrator is reappointed for another five-year term. If the supervising administrator, the faculty committee, and the committee established in "appointment, evaluation and reappointment of academic deans" or "evaluation and reappointment of the provost" of this manual cannot agree on the summary, they shall prepare separate summaries which shall be distributed together to the faculty within the unit.

The faculty committee's final reports and the summaries of these reports that are prepared jointly by the committee and the supervising administrator shall include the following information:

(1) The number of surveys sent, response rate, the number of people indicating insufficient information to evaluate the administrator.

(2) The mean and distribution of responses, if numerical data are reported.

(3) A brief, balanced overview of the overall response to each question or set of questions, not quotations of the respondents' actual words

(4) When the committee feels it is appropriate, separate analyses of responses from individuals who indicated that they have a more extensive knowledge of the administrator's responsibilities and performance and of responses from individuals who indicate that they have a less extensive knowledge of the administrator's responsibilities and performance.

In addition, the faculty committee's fifth-year final report and the summary of it shall include the faculty committee's recommendation concerning whether the administrator should be reappointed for another five-year term. If an administrator is reappointed despite the faculty committee's recommendation against reappointment, the committee may call for a vote of no confidence from the appropriate faculty. In the case of the provost, the associate provost for research and dean of graduate school, and the dean and university librarian, the appropriate faculty unit for a vote of no confidence will be the faculty assembly. The supervisor and the administrator being evaluated shall have access to all of the faculty responses, including survey results and transcribed copies of comments. The committee shall retain the questionnaires returned by faculty for a period of three years from the date of the final evaluation report.

(E) Election procedures for the all-university faculty committee for the evaluation of administrators

A total of five nominees for each position will be chosen by the single transferable vote method from a complete list of all the eligible voters in each unit. Within no less than two weeks after the ballots for nominees have been returned a second ballot naming the nominees will be distributed to the voters in their respective units and again counted by the single transferable vote method. For mid-term resignation/vacancies, see paragraph (A) of this rule. Units may adopt alternative procedures with the approval of university senate.

History

Effective: March 6, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-8-03

(A) General

(B) Matters handled by department chairs

(D) Initiation of disciplinary action

(a) Departmental action

(a) Information in sufficient detail to disclose fully the nature of the alleged misconduct;

(b) Reference to prior discussions and written communications on the subject, if any;

(d) A statement that the faculty member may arrange a meeting with the department chair and/or dean to discuss the matter and present the faculty member's views and information.

(2) Divisional action

(i) Information in sufficient detail to disclose fully the nature of the alleged misconduct and of the proposed disciplinary action;

(ii) Reference to prior discussions and written communications on the subject, if any;

(iii) Supporting documentation as appropriate;

(3) Responses to dean's memorandum

(4) Provost's direct initiation of disciplinary action

(a) Disciplinary action may also be initiated directly by the provost, upon the provost's own initiative or based upon a signed written complaint alleging misconduct by a faculty member.

(i) Information in sufficient detail to disclose fully the nature of the alleged misconduct and of the proposed disciplinary action;

(ii) Reference to prior discussions and written communications on the subject, if any;

(iii) Supporting documentation as appropriate;

(E) Mediation procedure

(1) The following mediation procedure is applicable in all cases in which it has been properly invoked under paragraph (D)(3) or (D)(4) of this rule.

(a) The committee on faculty rights and responsibilities will appoint a former member of that committee still employed at the university.

(b) The faculty member.

(F) Failure of mediation in cases initiated by departmental action

(a) To proceed with disciplinary action as proposed, and with penalty as recommended, by the dean;

(b) To proceed with disciplinary action proposed by the dean, but with a different penalty;

(d) If no decision is made within fourteen calendar days by the provost, the disciplinary action is at an end, and no further action on the alleged misconduct is available to the university.

(G) Request for hearing before the committee on faculty rights and responsibilities in cases initiated by departmental action

(a) If a hearing is timely requested, the hearing procedures described in paragraph (H) of this rule will be followed.

(b) If a hearing is not timely requested, the provost's recommendation will be final, and no further review or appeal will be available.

(H) Hearing procedure

(a) Convening of hearing committee

The hearing committee will be made up as follows:

(b) Prehearing conference

(a) Provide opportunity for either party to object to participation by any hearing committee member because of perceived bias or otherwise;

(b) Review existing documentation and identify any additional documentation to be provided at the hearing;

(d) Obtain clear understanding as to each party's recommended outcome;

(e) Clarify representation; establish who is to receive notifications;

(f) Obtain lists of witnesses and evidence to be offered at the hearing;

(g) Establish schedule for exchange of additional documentation and witness lists;

(h) Obtain requests for committee assistance in securing the attendance of witnesses;

(i) Discuss anticipated logistical and evidence problems;

(j) Discuss any possibility of summary disposition (See paragraph (H)(3) of this rule);

(k) Invite any further written submissions;

(l) Review scheduling problems; consider convenience of expected witnesses; schedule hearing;

(m) Explain and discuss hearing procedures.

(d) Hearing guidelines

(ii) All communications from the committee will go to both parties. All communications from either party to the committee will also go to other party.

(v) Both parties, or their respective representatives, shall have the right to submit evidence and cross-examine all adverse witnesses who testify in the matter.

(ix) Pertinent records and exhibits may be accepted as evidence for consideration by the hearing committee.

(x) Formal rules of evidence will not be followed; the committee may receive any evidence that it believes to be of probative value.

(xi) The hearing committee will determine the order of proceedings and other matters pertinent to the hearing. Normally, the following order will apply:

(a) Opening statements, if desired;

(b) Presentation of evidence in support of the claim that misconduct has occurred and the proposed penalty;

(d) Presentation of any evidence by either party that might rebut claims made by the other party;

(e) Closing statements, if desired.

The committee's files will be held by the office of the provost. The notes of individual committee members will be discarded.

(xv) Implementation. All recommendations made by the committee on faculty rights and responsibilities are to be implemented promptly unless appealed to the president.

(I) Appeal to the president

(a) The party appealing must specify the basis for objection to the hearing committee's report. Failure to so specify may result in dismissal of the appeal.

(b) The president will establish a schedule for the submission of materials and for the completion of any other steps involved in the appeal.

(d) The president's review on appeal will ordinarily be limited to those specific issues of fact, conclusions, or recommendations brought to his or her attention by the party appealing.

(f) After deliberating on the appeal, the president may respond to the hearing committee's report in the following ways:

(i) The president may concur with and order the hearing committees recommendations to be implemented immediately, unless there is an appeal to the board of trustees;

(g) The president will promptly provide a written report of his or her decision on the appeal to the faculty member and to the hearing committee.

(J) Appeal to the board of trustees

(K) Interim suspension

(1) An interim suspension is a suspension imposed by the provost before the disciplinary procedures described in this rule are initiated or resolved.

(2) During an interim suspension, a faculty member is relieved of all employment responsibilities. Additional terms of suspension, such as loss of office and library access, may also be imposed.

(i) The terms of the interim suspension;

(ii) The reason for the interim suspension;

(iii) The faculty member has a right to request a meeting to be held before five p.m. the next business day with the provost, as described in paragraph (K)(2) of this rule.

(b) The faculty member may request a meeting to be held before five p.m. the next business day with the provost for the purpose of opposing the interim suspension or any of its additional terms.

(L) General matters

(2) In cases in which a hearing is held under paragraph (H) of this rule as a result of a referral or election made in a proceeding initiated under a different university policy or procedure:

(a) The hearing and appeal procedures will be adapted as necessary in order to allow for active participation by one or more complainants or university officials previously involved in the matter.

(4) The running of any time period specified in these procedures will be suspended during:

(a) Thanksgiving recess.

(b) Winter recess.

(d) The interval between the end of final examinations for spring semester and the date on which faculty are required to report for the fall semester.

History

Effective: October 17, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-12-03 Appointment, evaluation, and reappointment of department chairs.

Chairs of academic departments are appointed by the provost upon the recommendation of the appropriate academic dean. The academic dean shall make the recommendation following consultation with members of the department and chairs of the related departments; appointment should normally be in conformity with the department's judgment. Academic deans will consult with the dean of the regional campuses regarding the appointment of chairs for departments that are located on a regional campus. If the recommendation made by the academic dean for appointment or reappointment of a department chair is not in conformity with the department's judgment, the department shall be given a written explanation for the discrepancy. Responsibilities of the chair are assigned by the academic dean.

The initial term of appointment for a department chair will be five years. A chair who has served an initial term may be reappointed for additional term(s), each term not to exceed five years. Formal evaluation must precede reappointment to any additional term. The results of such evaluations are then shared, by the appropriate dean, with the provost.

With the concurrence of the provost, the academic dean may at any time reassign a department chair to the faculty. Reasons for reassignment include, but are not limited to, failure to perform duties in a satisfactory manner; violation of university rules, regulations or policies and/or directives of the board of trustees; and/or violation of professional ethics or commission of an illegal act. In the event the reasons supporting reassignment also constitute grounds for discipline or termination, the same may be pursued under rule 3339-8-03 of the Administrative Code.

History

Effective: September 17, 2010
Promulgated Under: 111.15

Ohio Adm.Code 3339-12-06 Divisional faculty committee for evaluation of administrators.

In each division, a divisional faculty committee for evaluation of administrators will review all department chairs, and directors of academic programs in years three and five of their five-year administrative appointments. Divisions may decide to conduct more frequent reviews; departments and programs may ask divisions to conduct more frequent reviews. The divisional faculty committee for evaluation of administrators will consist of three to nine faculty elected by faculty of the division with election procedures approved by the university senate. The divisional faculty committee for evaluation of administrators will seek evaluations from faculty represented by the administrative unit and will prepare an evaluation report to be submitted to the dean. Committee reports are intended to serve two functions: to guide the professional development of the individuals, and to record part of the evidence upon which future personnel decisions may be based.

The provisions outlined above regarding the evaluation questionnaires and the committee reports apply to the evaluations conducted by divisional committees for evaluation of administrators, except that the divisional committees do not interact with committees established to evaluate the academic deans or provost.

History

Effective: September 30, 1999
Promulgated Under: 111.15

Ohio Adm.Code 3339-12-07 Evaluation of other academic administrators.

Other academic administrators will be evaluated every five years by those individuals served by or responsible to the administrator, and by the administrator's peers. The results of the evaluation will be shared by the administrator's superior with the administrator and the evaluators. Any academic administrator may be removed at any time by the president for cause.

History

Effective: September 30, 1999
Promulgated Under: 111.15

Chapter 3339-13 Unclassified Administrative Staff

Ohio Adm.Code 3339-13-02 Unclassified administrative staff search and appointment procedures.

(A) General

The university has established recruitment and selection guidelines for appointing unclassified administrative staff. Search committees or department heads should obtain a copy of the guidelines from the appropriate personnel office and review them carefully.

Copies of all required forms for unclassified administrative staff positions in non-academic departments are available from human resources and for all unclassified administrative staff positions in academic affairs from academic personnel services. For positions that are funded on a temporary basis, not all procedures elaborated below will apply. Contact the appropriate personnel office for more information.

(B) Selection requirements

(1) A request to fill a position must be completed when seeking approval to fill a vacant or create a new position. The responsibilities of the position, the date application screening will begin, the proposed salary range, and required qualifications must be specified. The search committee or hiring department must develop a recruitment plan designed to attract a highly qualified and diverse pool of applicants. If a search committee is used, it must be appointed with as diverse a composition as practicable. For a note concerning the constitution of this committee, see rule 3339-3-15 of the Administrative Code.

(2) The request to fill a position and the recruitment plan must be forwarded to the appropriate personnel office with all required approvals signatures. The appropriate personnel office will forward the request to the office of equity and equal opportunity. The office of equity and equal opportunity reviews and approves the recruitment plan, the advertisement, the selection process, including any proposed ratings instrument, and the applicant flow data collection process. The appropriate personnel office and the office of equity and equal opportunity must approve all requests to fill a position prior to any advertisement or job posting.

All advertisements must include the date that screening of applicants will begin and the position's responsibilities and required qualifications as specified in the approved request, and university requirements.

(3) The office of equity and equal opportunity will provide to the hiring department an applicant flow data report of qualified applicants for the position. The report indicates the composition of the pool of qualified applicants. It is the responsibility of the hiring department to contact the office of equity and equal opportunity to obtain the report prior to selecting candidates for interview. If the office of equity and equal opportunity determines the candidate pool is not acceptable, then in consultation with the appropriate personnel office and hiring department a determination will be made whether to conduct additional recruitment or close the search. If additional recruitment is undertaken, the hiring department must request an updated applicant flow data report prior to interviewing candidates.

(4) After receipt of the approved applicant flow data report, candidates selected for inclusion in the final interview pool must be approved by the head of the hiring department before they are invited to interview. Following interviews, employment references must be checked. Reference checking is performed by the hiring department and must include a reference check with the most recent/current employer of the candidate.

(5) Once interviews have been completed, and reference checks have been conducted, a candidate may be selected for final consideration. Degrees and licenses must be verified by the hiring department to confirm the educational and/or licensing requirements for the position have been met (e.g., ph.d. from an accredited institution). Degree verification also confirms the educational representations of the candidate are accurate. At a minimum, degree/license verification will include submission of a certified transcript and/or current license by the candidate.

(6) The hiring department must complete a hiring recommendation. A hiring department may not recommend an applicant who does not meet the required minimum qualifications for the position. The hiring recommendation, the letter of application, the candidate's resume and proof of degree/licensure must be submitted to the appropriate personnel office. This package is submitted by the appropriate personnel office to the office of equity and equal opportunity for approval.

(7) The hiring department does not have appointing authority and may not make any offers of employment. A letter of offer may only be sent to the selected candidate by the appropriate personnel office after all required approvals have been obtained.

(8) Written and electronic records of the recruitment and selection process must be kept by the hiring department for at least three years. These records should include copies of all on-line and print advertising, recruitment letters, telephone calls or other contacts, interview notes, all applications received, letters of appointment or rejection, and specific steps taken to recruit women and minorities.

(2) This requirement generally does not apply to hourly student workers, interns, and graduate assistants. It does not apply to intermittent employees or temporary appointments of less than ninety days. In addition, a second background verification is not required for those employees who have had a break in their service or an absence of less than a one-year.

History

Effective: November 13, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-3-15

Miami university imposes no restrictions on the concurrent employment of members of the same immediate family except the following:

(D) Specifically, immediate family members may not:

(1) Participate in searches or initial appointment decisions if an immediate family member is a candidate for the position.

History

Effective: November 5, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-13-04 Unclassified administrative staff appointment status and annual evaluation.

(A) Appointment status

Each unclassified administrative staff position at Miami university will be designated as either an extended appointment eligible position or annual appointment position.

These designations will be determined by the appropriate vice president or a senior administrator of each division of Miami university; these designations will be communicated to the appropriate personnel office whose staff will be charged with including this information in letters of appointment.

The presidency and vice presidencies are annual appointment positions.

Other annual unclassified administrative staff positions include those such as athletic director and coaches; those in which it is expected that an individual will stay for no more than five years; those in which an individual is hired to fulfill a specific grant or for a particular project; and positions which are part time or temporary. Normally, such appointments are made annually for a period of one year.

(B) Annual evaluation

Each member of the unclassified administrative staff is to be evaluated at least once per fiscal year. Prior to undertaking a performance evaluation, the evaluator and the employee should review and, if appropriate, update the position description to accurately describe the job duties the employee is expected to perform.

Performance evaluations are based on meeting established goals and objectives and assessing how an employee is performing in his or her role at the university.

An annual evaluation via an online performance module has been approved for the purpose of evaluating members of the unclassified administrative staff and is accessible on the human resources and academic personnel websites. Divisions may use the online module for the purpose of evaluating members of the unclassified administrative staff in their respective division.

Copies of updated position descriptions and annual performance evaluations should be forwarded to the appropriate personnel office for review and placed in the employee's personnel file.

Last updated October 3, 2022 at 8:56 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-13-07 Unclassified administrative staff disciplinary procedures.

(A) Applicability

These procedures apply to all members of the unclassified administrative staff, except those identified in paragraph (F) of this rule. These procedures are applicable in instances when:

(1) The university seeks to discipline or terminate for cause an unclassified administrative staff member's annual appointment; or

(2) The university seeks to discipline, terminate, or non-renew for cause an unclassified administrative staff member who holds extended appointment status.

(B) Cause for discipline

Although not all causes for discipline (including termination) can be enumerated, cause includes, but is not limited to the following:

(1) Failure to perform duties and associated responsibilities in a satisfactory manner.

(2) Violation of university rules, regulations and/or policies.

(3) Violation of professional ethics.

(4) Violation of written directives of the president and/or board of trustees.

(5) Commission of an illegal act.

The following actions do not entitle the employee to the disciplinary procedures under this policy:

(1) Written warnings/reprimands.

(2) Performance appraisals/evaluations.

(3) Merit salary increases (or lack thereof).

(4) Failure to promote or appoint to another position.

(5) Non-renewals of annual appointments or of extended appointment-eligible positions, i.e., within the first continuous five years in an extended appointment-eligible position.

(6) Reassignment to a different position with equivalent salary.

(7) Notices of deficiencies and directives for improvement.

(8) Change in title or modification of duties or work schedule.

(9) Position eliminations.

(D) Disciplinary procedures

(1) Notice

(2) Election of staff member

(3) Hearing procedures

(b) The parties to the proceeding will be the employee and the administrative department head that initiated the notice of proposed discipline.

(c) The hearing officer will determine the order of proceedings and other matters pertinent to the conduct of the hearing.

(4) Conference procedures

(b) The university may make a record of the conference. No opportunity to present evidence or cross examine witnesses will be provided.

(c) Unclassified administrative staff members may be accompanied, at their own expense, by legal or other counsel. The university may elect to have legal counsel present.

(d) The appropriate vice president or president will make the final decision.

(E) Interim suspension

An interim suspension will be with compensation until the disciplinary procedures are completed.

(F) Persons not covered by these procedures

These procedures apply to all members of the unclassified administrative staff, except the following:

(1) President of Miami university

(3) Academic administrators (deans, chairs, regional campus coordinators, tenured members of the faculty serving in an administrative appointment)

(G) General matters

History

Effective: December 6, 2018
Promulgated Under: 111.15

Chapter 3339-14 University Librarian

Ohio Adm.Code 3339-14-01 Rank.

All professional librarians are appointed with rank (principal librarian, associate librarian, or assistant librarian) which reflects the professional status and accomplishments of the individual. Librarians who, prior to July 1, 2003, were awarded the positional ranks of professor, associate professor, or assistant professor continue to hold membership in the faculty assembly.

The ranks of principal librarian, associate librarian, and assistant librarian are eligible for continuing contract status. Librarians with the term "visiting" in their title are not eligible for continuing contract status.

Last updated June 3, 2021 at 9:10 AM

History

Effective: March 21, 2005
Promulgated Under: 111.15

Ohio Adm.Code 3339-14-02 Continuing contract of employment for university librarian.

(A) Definitions and purpose

Professional librarians normally receive twelve month appointments which are made annually during the probationary period. During the probationary period of employment each librarian receives performance ratings. After satisfactory completion of the probationary period, a professional librarian with the continuing contract eligible rank of assistant librarian or above becomes eligible for a continuing contract.

A continuing contract is a contract which shall remain in effect until the librarian resigns, retires, or is terminated. It assures the individual continued employment as a professional librarian, but does not relate to continuation in a specific position. A continuing contract is subject to Ohio law and is contingent upon sufficient appropriations of the general assembly of Ohio.

Visiting librarians may not hold continuing contracts, although time spent as a visitor may apply toward the probationary period for continuing contract if the person is subsequently appointed to a continuing contract eligible position. A visiting librarian may be continued on annual contract for as many years as both parties agree.

(B) Procedures for considering individuals for and the granting of continuing contract

The privilege of continuing contract is conferred by the board of trustees upon the recommendation of the president. The approval process begins with the library personnel committee and progresses through the dean and university librarian and the provost. For a note concerning the constitution of this committee, see "Employment of members of the same family."

Using established and published procedures which provide equity and due process, the personnel committee, an advisory body to the dean elected by the librarians, collects information on the candidates for continuing contract, deliberates and submits its recommendations to the dean. Candidates for a continuing contract must have the positive recommendation of either the department head or library personnel committee to qualify for consideration by the dean.

Candidates must have the positive recommendation of the dean to be advanced to the provost.

The provost considers each candidate recommended by the dean. Those recommended by the provost are forward to the president; those candidates recommended by the president are forwarded to the board of trustees. The dean will notify the candidates and the library personnel committee of the action taken by the provost, the president, and the board of trustees.

For additional information, please see the university libraries governance document.

Last updated June 3, 2021 at 9:10 AM

History

Effective: March 21, 2005
Promulgated Under: 111.15

Chapter 3339-15 Human Subjects for Research

Ohio Adm.Code 3339-15-06 Intellectual property.

(A) General

(1) In the course of research, teaching, and service activities at Miami university, faculty, staff, and students sometimes create intellectual property which may be protectable by copyright, patent, or other means. Miami university seeks to establish an environment in which the creation of intellectual property is suitably recognized as an academic achievement and in which the benefits of intellectual property to the creators, the university, and the general public are optimized.

(2) It is important that the university and the creators of intellectual property assist each other in identifying, evaluating, and protecting this property. The following policy outlines the procedures for handling of intellectual property in ways which will be beneficial to the creators, the university and the public, and also describes the rights and responsibilities of the university and the creators of the intellectual property.

(B) Copyrights

(1) The right of ownership by a faculty member, staff member, or student to his or her own writings, productions, art, videotapes, computer programs, or other works is recognized by the university. Thus, the individual generally is vested with the copyright privilege and receives all royalties which result.

(2) There are exceptions to this general rule, however, and the university will claim ownership:

(a) If called for in an external grant or contract, or specified in the terms of a gift, under which the copyrightable material was produced.

(b) If the faculty member, staff member, or student creates a copyrightable work in the course of performing an explicit university assignment or commission to create such a work.

(3) Situations also may arise in which faculty, staff, or students wish to include in copyrighted commercial products materials generated by Miami university support services. In such cases, in return for unrestricted outside use of the material, the university is entitled to seek reimbursement for development and production costs. The amount of possible reimbursement shall be reasonable and come from, and not exceed a portion of, royalties available to the faculty member, staff member or student.

(4) Miami university wishes to facilitate the use of computer-assisted teaching and on line classes in order to encourage creative and cutting-edge technology usage in the university's educational activities. To that end, the university acknowledges that faculty members that create computing tools and on-line classes shall be sole owner of the copyright to such classroom materials. The university shall not be able to use any such classroom materials without the consent of the faculty member. However, it shall be deemed a violation of rule 3339-3-11 of the Administrative Code for the faculty member to sell the classroom materials to any other institution of higher education while the faculty member is employed by Miami university unless the faculty member obtains the consent required by rule 3339-3-11 of the Administrative Code. In the event that the faculty member is no longer employed by the university, then the faculty member shall remove the classroom materials from Miami university's computer resources.

(5) However, ownership of computing tools and on-line classes is subject to the two exceptions to the general copyright rule set forth above. In addition, if the faculty member utilizes significant university resources in the creation of the classroom materials, then the copyright shall be jointly owned by the faculty member and Miami university and the following rules shall apply:

(a) Miami university cannot utilize the classroom materials in any class at Miami university while the faculty member is employed by Miami university without the faculty member's permission;

(b) in the event that the faculty member is no longer employed by Miami university, the faculty member and Miami university, without the other's permission, shall both be permitted a perpetual, royalty-free license to use the classroom materials for teaching and research purposes only;

(c) Miami university has exclusive authority to market and sell the classroom materials and their content to third parties, but Miami university shall provide fifty percent of all net proceeds (i.e., gross revenue minus costs of sale) received from the sale of the classroom materials to the faculty member. In the event that there is more than one faculty member then it shall be up to the faculty members to determine their individual portion of the fifty-percent share.

(6) For purposes of this rule, "significant university resources" shall be defined to mean that the classroom materials were developed with the use of any substantial Miami university-purchased hardware/software (excluding standard personal computing software/hardware), or if the classroom materials were developed during leave time granted by Miami university specifically for the development of the classroom materials, or if the classroom materials were developed with substantial assistance from Miami university's information technology personnel.

(7) This rule is not intended to apply to minor usage of computing technology in traditional classroom teaching (e.g., posting of a syllabus electronically would not transfer ownership to the university.)

(8) Application of this policy, including whether "significant university resources" have been utilized, shall be determined by the provost following discussions with the affected faculty member(s) and a sincere effort to find a mutually agreeable determination. The provost may, at his or her discretion, appoint a committee to review the matter and provide advice to him or her. Faculty members who dispute a determination of the provost shall have the right of appeal to the committee on faculty rights and responsibilities and the president.

(1) General

(a) In accord with the section 3345.14 of the Revised Code, the university claims all rights to discoveries or inventions, including associated patents, resulting from research or investigation conducted in any facility of the university. The university also has the rights to patentable discoveries or inventions resulting from re-search or investigation financed in whole or in part by the university, or by an agent outside the university under a contract with or grant to the university.

(b) The Revised Code of the state of Ohio permits the board of trustees to retain, assign, license, transfer, sell, or otherwise dispose of rights to, interests in, and income from any such discoveries, inventions, or patents to any individual, firm, association, corporation, or governmental agency, or to any faculty member, employee, or student of the university.

(c) It is the intent of the university not to claim rights in an invention resulting from work not supported by the university or its sponsors or to which the university's contribution is negligible. Therefore, except as provided above, faculty, staff, and students of the university are entitled to apply for, hold, and dispose of patents to their own discoveries, inventions and developments free from any claim or interest of the university.

(2) Patent application procedure general

(a) When an inventor associated with the university believes an invention or discovery might be patentable, a written disclosure of the invention or discovery should be submitted to the vice president for research and innovation. A standard invention disclosure form is available from the office for the advancement of research and scholarship. The written disclosure should bear the endorsement and comments of the department chair or unit supervisor, and divisional dean or vice president. It should include a statement of the circumstances under which the invention was made, and a statement as to its commercial possibilities.

(b) The vice president for research and innovation shall have the responsibility to recommend to the provost and vice president for finance and business services whether the securing of a patent is in the interest of Miami university and in the public interest. In this evaluation, the associate provost for research generally will consult with the university attorney and individuals outside the university who are knowledgeable in the field of the invention. If the invention or discovery has arisen under the sponsorship of industry, the university's agreement with industry generally will include a granting of some rights regarding licensing of resulting patents, as well as a commitment by the sponsoring company to its funding of a patent application. Thus, the associate provost for research necessarily will consult with the sponsoring company in evaluating prospects for a patent in such instances.

(c) The university also may use the services of a patent evaluation and management firm, such as the research corporation, to assist in the evaluation of invention disclosures, in filing patent applications, and in marketing and managing subsequent patents, unless the terms of an agreement with a sponsor of the research dictate otherwise.

(3) Patent application procedures for projects funded by external agencies

(a) If the research results from a project sponsored by an outside agency through a grant or contract to the university, the provisions of the grant or contract will prevail. Where such provisions provide for retention of some or all patent rights with the university, the same procedures will be followed with respect to the retained patent rights as those provided for nonsponsored research. Disclosure of all such inventions within the university should follow the same procedures described above as the first step in complying with such patent terms in grants and contracts.

(b) In the development of agreements for research with corporations and other private groups, accommodations should be made to recognize both the proprietary rights of the corporation, and the obligation of the university to publish and disseminate research in oral and written form. Where appropriate, such publications may be delayed, but such delay should not be excessive. If a sponsor requires exclusive rights to or interest in a discovery made under a grant or contract, this request will need to be reported to and approved by the board of trustees.

(c) The Miami university proposal approval form will be used to secure university approval for patent agreements with outside funding agencies at the time of acceptance of a proposal. The office for the advancement of research and scholarship has the responsibility of coordinating the proposal approval process for the university, and facilitating discussions involving the investigator, the department or division, the associate provost for research, and representatives of the finance and business services division.

(d) Faculty, staff, and students may not independently enter into agreements concerning Miami university patent rights on inventions. Such agreements are appropriate only when the individual is acting as an independent consultant to a public or private agency or sponsor.

(4) University decision as to patenting

(a) If, after consultation, the vice president for research and innovation determines that it is in the best interests of the university to file a patent appli-cation, he or she will recommend to the provost and the vice president for finance and business services that a patent application be filed. Depending upon the circumstances, the vice president for research and innovation may recommend that the application be filed by the university itself, by the sponsoring company on behalf of the university, or by a patent management firm such as research corporation on behalf of the university.

(b) If, after consultation, the vice president for research and innovation determines that it is not in the best interests of the university to file a patent application, he or she will make that recommendation to the provost and the vice president for finance and business services and also will inform the inventor of that recommendation. The inventor may then request the university to waive all or part of its rights in the invention to the inventor. The university shall respond to such a request within a reasonable time period, and, at its discretion, may waive all or part of its rights in the invention, i.e., assign title or grant an exclusive or partially exclusive license to the inventor. Grant of such a waiver by the university shall not be unreasonably denied. Any such assignment shall be subject to the sponsor's rights or approval. The university will retain rights and benefits which are in the best interests of the university; as a minimum, these retained rights will include an irrevocable, nonexclusive, paid-up license to practice the invention for the university's purposes.

(c) The associate provost for research through the provost and vice president for finance and business services will recommend that the board of trustees take appropriate action.

(5) Sharing of royalties

(a) Miami university's policy is to share royalties generated by patents with the faculty, staff, and student creators of inventions according to the following model. Royalty provisions of this policy apply to "net royalties" received by Miami university from the patent. Net royalties are defined as gross royalties, minus the cost incurred in obtaining the patent, the cost of utilizing a patent management firm, and any litigation expenses.

(b) The net royalties totaling up to one hundred thousand dollars first received will be divided equally between the university and the inventors; for the second one hundred thousand dollars a sixty per cent university, forty per cent inventor split will be utilized; for the third one hundred thousand dollars a seventy per cent university, thirty per cent inventor split; and for royalties in excess of three hundred thousand dollars, an eighty per cent university, twenty per cent inventor split will be utilized. If more than one inventor is involved, the university must receive in writing a statement signed by all inventors agreeing how the share of the royalties to be received by the inventors should be divided.

(c) Royalties accruing to the university under this patent policy will be used by the university to support faculty research and patent development.

(d) Acknowledgement: This policy is modeled after the intellectual property policy developed by the university of New Mexico, and borrows language from that policy with permission of the university of New Mexico.

Last updated October 3, 2022 at 8:56 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-15-09 Misconduct in research.

This policy statement is adapted from, and affirms, a statement on the subject prepared by the association of american universities, August 22, 1988.

(A) Introduction

Misconduct in university research undermines the research enterprise and is harmful to the university community, the research community generally, and the public. Institutions such as Miami university have the responsibility not only to promote a research environment that opposes such misconduct in research, but also to establish policies and procedures that deal effectively with allegations or evidence of misconduct. This policy statement deals primarily with the second imperative, and outlines Miami university's procedures for handling allegations of misconduct.

Miami university's process for reviewing allegations of misconduct in research involves three stages as specified by federal regulations: inquiry, investigation and resolution. The overall principles which guide the institutional review process are as follows:

(1) Universities have a responsibility to provide vigorous leadership in the pursuit and resolution of all charges of misconduct in research. Universities should take care, however, that the process pursued to resolve allegations of misconduct not damage research itself.

(2) Universities should treat all parties with justice and fairness, and be sensitive to the reputations and vulnerabilities of all parties. The process for resolving questions of research misconduct should focus on the substance of the issues; personal conflicts or affiliations between colleagues should not obscure the facts. The integrity of the process should be maintained by avoiding to the greatest extent possible any real or apparent conflict of interest.

(3) Procedures should be expeditious, well documented and should preserve the highest attainable degree of confidentiality compatible with an effective and efficient response to questions of research misconduct.

(4) Universities should recognize and discharge their responsibilities after resolving allegations of misconduct internally, to all involved individuals, and externally, to the public, the sponsors of research, the research literature and the research committee.

(B) Scope

This policy applies to all research conducted at Miami university, including that supported by or for which an application has been submitted to the public health service. It applies to all individuals at Miami university engaged in research, including faculty, trainees, technicians and other staff members, students, fellows, guest researchers, and collaborators.

The policy will normally be followed when an allegation of possible misconduct is received by an institutional official. Particular circumstances in an individual case may dictate variations from the normal procedure deemed in the best interests of Miami university and the sponsoring agency. Any change from normal procedures also must ensure fair treatment to the respondent in the inquiry or investigation. Any significant variation must be approved in advance by the provost.

(1) Research misconduct. Research misconduct means fabrication, falsification, plagiarism, or other practices that seriously deviate from those that are commonly accepted within the research community for proposing, conducting or reporting research. It does not include honest error or honest differences in interpretations or judgments of data.

(2) Inquiry. Inquiry is the first stage of the review process. The purpose of the inquiry is to make a preliminary evaluation of the available evidence and testimony of the respondent, complainant, and key witnesses to determine whether there is sufficient evidence of possible misconduct in research to warrant an investigation. An inquiry is not a formal hearing; its purpose is instead to separate allegations deserving of further investigation from frivolous, unjustified, or clearly mistaken allegations. The purpose is not to reach a final conclusion about whether misconduct definitely occurred or who was responsible.

(3) Investigation. Investigation is a stage of review that will be initiated only after an inquiry leads to a finding that further review is called for. The purpose is to explore the allegations more fully and determine whether there has indeed been research misconduct. The investigation may uncover information which justifies broadening the scope of the review beyond the initial allegation.

(4) Complainant. Complainant is the person making an allegation of research misconduct.

(5) Respondent. Respondent is the person accused of research misconduct.

(D) Confidentiality.

The university will afford the affected individual(s) confidential treatment to the maximum extent possible permitted by law, and it will protect, to the maximum extent possible, the privacy of those who in good faith report apparent misconduct.

To ensure the safety and security of any written documents associated with an allegation of research misconduct, a single case file will be maintained by the dean of the graduate school.

Members of committees involved in any inquiry or investigation shall be informed of the confidential nature of the proceedings.

(E) Reporting allegations.

Allegations of research misconduct shall be reported to the dean of the graduate school. The dean will promptly notify the provost of allegations. If the dean has a conflict of interest in the case, the allegation shall be pursued by another administrator designated by the provost.

The dean of the graduate school shall consult in confidence with any individual who comes forward with an allegation of research misconduct or with a question regarding possible misconduct. If the individual raising the question does not wish to make a formal allegation, but the dean believes there is sufficient cause to warrant an inquiry, the matter may, at the discretion of the dean, still be pursued. In such a case, there is no "complainant" for the purpose of this policy. Whether an allegation can be reviewed effectively without the involvement of the complainant depends upon the nature of the allegation and the evidence available. Cases which depend upon the observations or statements of the complainant may not be able to proceed without the open involvement of that individual. Other cases may be able to rely upon documentary evidence alone, permitting the complainant to remain anonymous.

(F) Inquiry procedures.

(1) The inquiry process may be handled with or without an inquiry committee, at the discretion of the dean of the graduate school. The committee, if one is used, shall be appointed by the dean and shall have three members. It is the responsibility of the dean to ensure to the best of his or her ability that the inquiry is conducted fairly and, if a committee is involved in the inquiry, that the committee members have no real or apparent conflicts of interest, are unbiased and have an appropriate background for assessing the issues being raised.

(2) Upon the initiation of an inquiry, the dean of the graduate school shall notify the respondent in writing within a reasonable period of time. The respondent shall be informed of the charges and the processes that will be followed, and shall be given copies of any written documents which support the allegations. The respondent shall be entitled to advice by legal counsel. If the dean decides to involve a committee in the inquiry, the members shall be appointed and convened. The dean and the committee members shall be empowered to receive and review relevant documents, interview involved faculty, students and staff, seek additional information as necessary, and, when necessary or appropriate, seek advice from experts outside of the institution.

(3) After determining that an allegation falls within the definition of misconduct in research, the dean of the graduate school must ensure that all original research records and materials relevant to the inquiry and investigation are immediately secured. If the case involves research supported by or for which an application has been submitted to the public health service, the dean of the graduate school may consult with the office of research integrity service for advice and assistance in this regard.

(4) Upon initiation of an inquiry, the respondent shall be invited to present a written response to the allegations. The respondent shall be expected to cooperate in providing the necessary materials to conduct an inquiry. Uncooperative behavior may result in immediate implementation of an investigation, as described in this paragraph, or in disciplinary action.

(5) During the inquiry phase, the university shall respect any privacy guarantees previously given to research subjects.

(6) The inquiry phase shall normally be completed within sixty calendar days of notifying the respondent of the initiation of the inquiry. If the dean of the graduate school or the inquiry committee anticipates that the sixty calendar day deadline cannot be met, the reasons for the delay and the progress to date shall be outlined in a written document that will be part of the case file. The complainant and respondent shall receive copies of the progress report.

(7) The completion of an inquiry shall be marked by a written report which shall state the names and titles of the committee members and experts, if any; the allegations; the agency supporting the research, if any; a summary of inquiry process used; a list of the research records reviewed; summaries of any interviews; a description of the evidence in sufficient detail to demonstrate whether the investigation is warranted; and the committee's determination as to whether an investigation is recommended and whether any other actions should be taken if an investigation is not recommended. The complainant and respondent shall be given copies of the draft report, and they shall have fourteen days to provide comments. Any comments that the complainant or respondent submits will become part of the final report and record. Based on the comments, the inquiry committee may revise the report as appropriate. If an investigation is to be pursued and the research is sponsored by an outside agency, the agency shall also be notified on or before the date the investigation begins. If the case involves research supported by or for which an application has been submitted to the public health service, this notice will be given to the office of research integrity.

(8) If, upon inquiry, an allegation is found to be unjustified, the involved parties shall be notified. The fact that an inquiry has taken place and the identity of the respondent shall remain confidential to the extent permitted by law, unless this right is explicitly waived by the respondent, and the case file shall be secured within the office of the dean of the graduate school. Such record will be kept for a period of six years after completion of the inquiry, and it will be provided to authorized personnel of the United States department of health and human services upon request if the case involved research supported by or for which an application has been submitted to the department of public health service. If, upon inquiry, an allegation is found to be unjustified, the university shall undertake diligent efforts, as appropriate, to restore the respondent's reputation.

(9) The university shall undertake diligent efforts to protect the position and reputation of the complainant. However, if an allegation is found to be unjustified and to have been maliciously motivated, disciplinary action against the complainant may be pursued.

(G) Investigation procedures.

(1) If the inquiry stage results in a finding that an investigation is warranted, the investigation shall begin within thirty days of the completion of the inquiry. The dean of the graduate school shall appoint a five-person investigative body. Members may be chosen from within or outside the university. It is the responsibility of the dean to ensure to the best of his or her ability that the investigation is conducted fairly, and that the individuals chosen to serve on the investigative committee have no real or apparent conflicts of interest, are unbiased, and have an appropriate background for assessing the issues being raised. The committee members shall be empowered to receive and review relevant documents, interview involved faculty, staff and students, seek additional information as necessary, and, when necessary or appropriate, seek advice from experts outside of the institution. The respondent shall have the right to test all evidence against him or her. The committee may hold a hearing for this purpose.

(2) The dean of the graduate school shall notify the complainant and respondent promptly in writing that an investigation has been initiated, and shall invite the respondent to submit a written response to the allegations. The respondent shall be entitled to advice by legal counsel. The respondent shall be expected to cooperate in providing the necessary materials to conduct the investigation. Uncooperative behavior may result in immediate disciplinary action.

(3) Upon the initiation of an investigation, the university may, if necessary, act to protect the health and safety of research subjects, patients, and students. The university shall also respect any privacy guarantees previously given to research subjects.

(4) The investigation phase shall normally be completed within one hundred twenty calendar days, with the initiation of the investigation being defined as the first meeting of the investigation committee. This period includes conducting the investigation; preparing the report of findings; making the draft report available to the respondent for comment (fourteen days); revising the report, if appropriate, in light of the comments from the respondent; submitting the report to the provost for approval; and submitting the report to any agency sponsoring the research project in question. If the dean of the graduate school or the investigative committee anticipates that the one hundred twenty calendar day deadline cannot be met, the reasons for the delay and the progress to date shall be outlined by the dean in a written document that will be part of the case file. The complainant, the respondent, and any agency sponsoring the research shall receive copies of the progress report. If the case involves research supported by or for which an application has been submitted to the public health service, the dean of the graduate school shall submit a request for an extension to the office of research integrity. The request shall include the reasons for the delay, an interim report on the progress to date, an outline of what remains to be done, and an estimated date of completion. The complainant and the respondent shall receive copies of the extension request.

(H) Resolution, disciplinary procedures, and appeal

(1) The completion of an investigation shall be marked by a written report from the investigative committee to the dean of the graduate school which indicates whether research misconduct within the meaning of this policy has or has not taken place. The complainant, respondent, and any agency sponsoring the research shall receive copies of the final report. If the respondent comments on the report, the comments may be made part of the final report and the record.

(2) If an allegation is, by means of the investigation phase, found to be unjustified, the involved parties shall be notified. The investigation and the identity of the respondent shall be held in strictest confidence to the extent permitted by law, unless this right is explicitly waived by the respondent, and the case file shall be secured within the office of the dean of the graduate school. Such record will be kept for a period of six years after completion of the investigation, and it will be provided to authorized personnel of the United States department of health and human services upon request if the case involved research supported by or for which an application has been submitted to the public health service. If the allegation is found to be unjustified, the university shall undertake diligent efforts, as appropriate, to restore the respondent's reputation.

(3) The university shall undertake diligent efforts to protect the position and reputation of the complainant. However, if an allegation is found to be unjustified and to have been maliciously motivated, disciplinary action against the complainant may be pursued.

(4) If the investigation leads to a finding of research misconduct, the dean of the graduate school shall refer the matter for possible disciplinary action as described below.

(5) In the case of a finding of research misconduct, disciplinary action will be pursued in accordance with university policy. The following list of possible university sanctions is illustrative: removal from a particular research project; special monitoring of future work; letter of reprimand; suspension; salary reduction; rank reduction; and termination of employment. The university shall also have the discretion to take administrative actions such as informing other affected parties, including co-authors, co-investigators or collaborators in the research; editors of journals in which the research was published; sponsoring agencies and funding sources with which the individual has been affiliated; and professional societies with which the individual has been affiliated.

(6) In the case of a finding of research misconduct, the case file shall be secured within the office of the dean of the graduate school. Such record will be kept for a minimum of six years after completion of the case.

(I) Other considerations

(1) The following provisions apply in cases involving research supported by or for which an application has been submitted to the public health service.

(a) The university will take interim administrative actions, as appropriate, to protect federal funds and ensure that the purposes of the federal financial assistance are carried out.

(b) The university will notify the office of research integrity within twenty-four hours of obtaining evidence of criminal violations. In addition, the university will notify the office of research integrity if it ascertains as a result of an allegation of research misconduct that any of the following conditions exist:

(i) There is an immediate health hazard involved;

(ii) There is an immediate need to protect federal funds or equipment;

(iii) There is an immediate need to protect the interests of the complainant or the respondent as well as the respondent's co-investigators and associates;

(iv) There is a probability that the alleged incident is going to be reported publicly.

(c) If the university plans to terminate an inquiry or investigation for any reason without completing all requirements set forth in this policy, the dean of the graduate school will submit a report of the planned termination to the office of research integrity, including a description of the reasons for the proposed termination.

(d) The dean of the graduate school will promptly advise the office of research integrity during the course of an investigation of any developments that may affect current or potential funding for the respondent or that the department of health and human services needs to know to ensure appropriate use of federal funds and otherwise protect the public interest.

(e) After completion of the case, the dean of the graduate school will prepare a complete file, including the records of any inquiry or investigation and copies of all documents and other materials furnished to him or her or to the committees. The dean of the graduate school will keep the file for a minimum of six years after the completion of the case and furnish it to the director of the office research integrity, if the file is requested.

(f) In the case of a finding of research misconduct, the final report to the office of research integrity will include the policies and procedures under which the investigation was conducted, how and from whom information relevant to the investigation was obtained, the findings, and the basis for the findings. The report will include actual text or an accurate summary of the views of any individual(s) found to have engaged in misconduct, as well as a description of the administrative and disciplinary actions taken by the university.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Chapter 3339-16 University Property

Ohio Adm.Code 3339-16-01 Alcohol and university property.

(A) Legal and responsible use of alcohol

The right to acquire, possess, and consume alcoholic beverages is limited by laws that establish minimum drinking ages, drinking and driving laws, and so on. Miami university also has established policies on alcohol use on campus and by campus groups. It is incumbent on students, faculty, and staff to become knowledgeable regarding these policies, whether for individual decision making or for planning programs and events for a department or organization, including student organizations

(B) On-campus consumption of alcoholic beverages compliance with law

All on-campus possession and consumption of alcoholic beverages must be conducted in accordance with Ohio law and university policy regarding the possession, sale, and consumption of alcohol. Specifically:

(1) Individuals under the age of twenty-one may not purchase, possess, or consume beer, wine, or intoxicating liquor. It is also against the law for any person to furnish beer, wine, or intoxicating liquor to any person under twenty-one years of age.

(2) No person shall have in his or her possession any open container of beer, wine, or intoxicating liquor in any public place except where the alcoholic beverage has been lawfully purchased for consumption on the premises of the holder of the appropriate permit from the state department of liquor control.

(3) Only beer and wine (no intoxicating liquor) may be served at on-campus events to which students are invited. Exceptions must be approved, in writing, by the senior vice president for finance and business services.

(1) Only those twenty-one and older may consume alcohol.

(2) Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.

(3) Alcohol in unlicensed Miami university facilities requires a temporary periot from the Ohio department of commerce. Please contact conference and event services with a minimum of thirty days advance notice to secure the permit. Events utilizing a temporary license may not serve unlimited drinks for a flat fee or one-time admission charge. A ticketing system must be utilized to comply with rule 4301: 1-1-50 of the Administrative Code.

(D) Faculty and staff

(1) General rules

In the presence of students, faculty and staff are expected to model responsible adult behavior by either abstaining from the use of alcohol or consuming alcohol in moderation. At no time should a member of the faculty or staff be intoxicated in the presence of students or at a university event. In addition:

(a) University faculty and staff may not purchase alcohol for undergraduate students even if the student is of legal age to consume alcohol. This prohibition applies both on and off-campus, including restaurants, bars, athletic events, alumni events, events with cash bars and study away/ abroad trips.

(b) Although strongly discouraged, faculty and staff who elect to purchase or serve alcohol to graduate students do so at their own risk and bear full legal responsibility. Faculty are encouraged to educate themselves about the laws regarding civil liability and to be aware that those who serve alcoholic beverages to underage students may be charged criminally. Faculty who elect to serve graduate students who are of age in their home are strongly encouraged to have a tips trained bartender who can ensure that alcohol is only dispensed to participants who are twenty-one years of age or older and that only a modest amount of alcohol is served.

(c) Faculty and staff should not accompany graduate or undergraduate students to restaurants, bars, clubs, and fraternity houses etc., where they are aware that underage drinking is taking place or where students are intoxicated.

(d) Faculty and staff advisers to student organizations must be especially careful to encourage the student organization to adhere to university policy and civil law concerning the use of alcohol, and must never join them in breaking the law. Rather, they should encourage students to obey civil law and university policy concerning the use of alcohol and help them to understand how to use alcohol in a legal and responsible manner.

(2) Alcohol at university sponsored events on-campus

This rule does not apply to intercollegiate athletics sponsored sporting events held in ICA venures on campus. When a department, institute, center, or other university office invites students to a university gathering/event held on-campus, the following will apply:

(a) Events held in licensed university facilities:

(i) Alcohol may only be provided through the facility and must be dispensed by tips trained bartenders.

(ii) Only those twenty-one and older may consume alcohol.

(iii) The event must also include nonalcoholic beverages as an alternative to alcohol and hors d'oeuves must be served.

(iv) If the event is scheduled to last longer than two hours, a meal must be provided, and the bar closed at least one-half hour before the event ends.

(v) If a flat fee for attendance is charged (e.g., ticket is thirty-five dollars), the cost of the alcoholic drinks must be borne by individual consumers (e.g., cash bar) and may not be included in the fee.

(vi) Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.

(vii) University faculty and staff may not purchase alcohol for students.

(b) Events held in other university facilities:

(i) Alcohol must be purchased from the university and may not be "carried in" by faculty or staff. Alcohol must be dispensed by tips trained bartenders provided by university catering.

(ii) Only those twenty-one and older may consume alcohol.

(iii) No admission fee may be charged and no alcohol may be sold (e.g. no cash bars).

(iv) The hosting department must also provide nonalcoholic beverages as an alternative to alcohol and non-salty snacks must be served.

(v) Events may not be scheduled to last longer than ninety minutes.

(vi) Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.

(vii) The approval of the senior vice president for finance and business services is required. Please submit request via the form for request for alcohol events held at other facilities.

When a department, institute, center, or other university office invites students to a university gathering/event to be held in an off-campus facility (e.g. restaurant, bars, clubs) the following rules apply:

(i) University faculty and staff may not purchase or provide alcohol for prospective, undergraduate, or graduate students even if the student is of legal age to consume alcohol.

(ii) Only those twenty-one and older may consume alcohol.

(iii) Departmental funds (including program fees) may not be used to purchase alcohol. Alcohol may only be charged to an unrestricted gift account and cannot be charged to a departmental account or student organization account.

(E) On-campus events sponsored by alcohol companies where alcohol is not served

(1) The promotion and advertising of events sponsored by alcohol companies must be in accordance with Miami university policies. The main focus of such events must not be on promoting and advertising the use of the product.

(2) No alcoholic beverages may be given as prizes or awards.

(3) While listing the name of the company is permissible, symbols of alcohol may not be displayed on posters, signs, banners, or other advertisements for events. No advertisements featuring foaming mugs, cans, glasses, or kegs will be allowed.

(4) Promotion of events sponsored by alcohol companies must not encourage alcohol abuse or emphasize frequency or quantity of use.

(5) Advertising, both for promotion of events and for products, either on campus or in institutional media, should not portray drinking as a solution to personal or academic problems or as a necessary ingredient to social, sexual, or academic success. In addition, it should avoid demeaning or discriminatory portrayals of individuals or groups.

(6) Advertising or promotion of campus events should not associate the consumption of alcoholic beverages with the performance of tasks requiring skilled reactions, such as the operation of motor vehicles or machinery.

Last updated November 3, 2023 at 7:48 AM

History

Effective: November 3, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3339-16-03 Use of bicycles and personal transportation devices.

Miami university is committed to creating a sustainable and safe campus. As part of these efforts, Miami university regulates the use of personal transportation devices on university property.

(A) Types of personal transportation devices

Permissible personal transportation devices include the following:

(1) Bicycles, unicycles, tricycles, and similar vehicles regardless of the number of wheels;

(2) Class one or two electric bicycles (see electronic transportation devices policy);

(3) Skates, including in-line skates, rollerblades, and roller skates;

(4) Skateboards or other wheeled boards of any size or type (for electronic skateboards, please see electronic transportation devices policy);

(5) E-scooters with restrictions (see rule 3339-16-18 of the Administrative Code).

(B) Prohibited personal transportation devices

Prohibited personal transportation devices include the following:

(1) Segways;

(2) Golf carts and ATVs;

(3) Bicycles with helper motors (mopeds);

(4) Any other motorized personal transportation device.

Prohibited personal transportation devices including golf carts, segways, electronic skateboards and self-balancing skateboards (commonly referred to as hover-boards) may not be used on university property.

University owned and operated small motorized transportation devices (e.g. golf carts and ATVs) may only be used in the course of conducting official university business.

Personal transportation devices may not be used inside of any university buildings and facilities-including academic buildings and residence halls. Electric bikes may not be charged in residence halls or on other university property.

This rule does not prohibit the use of motorized wheelchairs, segways, or small motorized personal transportation devices if being used to accommodate a person with a disability or a baby stroller when being used for the purpose of transporting a child.

(1) Individual responsibility

Individuals will be held personally responsible for any damage caused to university property as a result of the operation of a personal transportation device on university property. Individuals assume the risk of personal injury and death and will be held responsible for any injuries to themselves or others as a result of any violation of this rule or the improper operation of any personal transportation device on university property.

(2) Safety rules

(a) In areas where designated bicycle paths are provided, bicycles and e-scooters may only be ridden in such designated bicycle paths and not on adjacent sidewalks.

(b) Pedestrians have the right of way at all times.

(c) Users of personal transportation devices must comply with all applicable laws, including official traffic control devices and signs. Users must dismount and walk when crossing streets and roads and in any pedestrian accessible area.

(d) Users are strongly encouraged to wear helmets and eye protection and ensure that their devices have appropriate rear and side reflective devices. Headlights and headlamps should be used between sunset and sunrise.

(e) The use of earphones while using a personal transportation device is prohibited.

(3) Parking

(a) Motorized personal transportation devices may not be parked inside campus buildings except or residence hall rooms. Bicycles should be parked in bicycle racks or residence hall bike storage rooms.

(b) Chaining or securing a bicycle to any object or structure other than a bicycle rack is prohibited.

(c) Personal transportation devices may not be parked in such a manner as to hinder the safe flow of pedestrian or vehicular traffic, block access to fire hydrants or emergency phones, in bus stops, driveways, parking zones or parking lots. Personal transportation devices parked in violation of this paragraph may be removed by the university and/or immobilized. An impound fee of twenty-five dollars will be assessed and a five dollar daily fee will accrue until the personal transportation device is retrieved. Miami university is not responsible for damage to personal transportation devices or locks incurred during removal.

(d) All personal transportation devices must be removed from campus at the end of spring semester. Personal transportation devices left on university property for more than five days following spring graduation will be considered abandoned property. These devices will be impounded and disposed of.

Last updated May 19, 2026 at 7:46 AM

History

Effective: May 16, 2026
Promulgated Under: 111.15

Ohio Adm.Code 3339-16-04 Buildings and grounds.

(A) Use of buildings and grounds

Use of space or grounds for purposes other than those for which they have been designated is not permitted. The university cannot permit the use of state owned equipment or facilities for any kind of non-sanctioned private instruction or other type of non-sanctioned private enterprise. This regulation does not cover activities that are an integral part of the regular teaching load or other official assignment of members of the staff.

(B) Access to buildings

The hours and days of public operation for each Miami university building are posted on main entrance doors of the building. Please observe the posted hours when planning use of the building by the general campus community. In addition to having access to the building during the times of general operations, those individuals who have after-hours access to the exterior doors of a building may use the building at times and on days other than those that are posted.

All work done on buildings, grounds, and other fixed facilities of the university is done by the physical facilities department unless other arrangements are approved by the senior vice president for finance and business services.

(D) Installation of camperas on university property

The university may install observation cameras on university property to protect resources, enhance safety and assist in the educational mission as provided in this policy. The university will not install observation cameras on university property in faculty/staff offices or in nonpublic areas of residence halls. If an observation camera is installed where identification of personal images is possible, the camera will be accompanied by appropriate signage indicating the presence of the camera and whether or not it is monitored in real time.

Purchase and installation of camera equipment to protect resources or enhance safety require the initial approval of the appropriate vice president. Purchase and installation of camera equipment for use in research must be approved by the office of research and innovation. Purchase and installation of camera equipment for use in classrooms or to otherwise assist in the educational mission must be approved by the provost. All requests will first be reviewed by the space utilization group (all indoor installations) or the campus planning committee (all outdoor installations) for their recommendations. The department of physical facilities and the university information security office are responsible for determining equipment, signage and placement standards.

Last updated November 12, 2024 at 8:41 AM

History

Effective: November 12, 2024
Promulgated Under: 111.15

Ohio Adm.Code 3339-16-10 Records retention, electronic records, and signatures.

(A) Records management program

Miami university, in compliance with the Ohio Revised Code, has a records management program for the purpose of ensuring proper scheduling, storage, and disposal of university records.

Records include any information stored on a fixed medium prepared or received in the normal course of business (paper, image, or digital) that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the university. The legal retention period for university records applies to any medium paper, image, and digital. Therefore, electronic records have the same retention period as would a paper copy. Some e-mail may be classified as a record and should be retained according to the legal retention period.

All university records shall be maintained in accordance with the university's records retention policy. No university records shall be destroyed except in accordance with this policy. It is the responsibility of faculty and staff to be knowledgeable about policies and procedures that apply to the retention and destruction of university records. Questions concerning the retention and disposal of university records may be directed to the office of general counsel. The records retention policy manual and guidelines are accessible via the web at http://miamioh.edu/about-miami/leadership/general-counsel.

(B) Records- creation and maintenance

The state of Ohio defines a record as "...any document, device, or item, regardless of physical form or characteristic, including an electronic record as defined in section 1306.01 of the Revised Code, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office."

Miami university records include but are not limited to:

(1) Financial records such as requisitions, purchase orders, invoices, bank data, and ledgers or journals

(2) Administrative records such as correspondence, reports, policy statements and related items sent and received

(3) Minutes of university boards and committees

(4) Personnel records of faculty and staff

(5) Student education records-including admission and employment record

(6) Publications and other items issued by the university

(7) Sound recordings, video recordings or photographs of university faculty, staff, groups or events

As a public institution, many of Miami university records are available to the public upon request under Ohio's Public Records Act (see section 149.43 of the Revised Code and the Public Record Policy- hotlink). Most student education records are protected by the Family Educational Rights and Privacy Act-FERPA (see 34 C.F.R. 99.1)

Consistent with efficient and economical business practices, the university office responsible for creating, maintaining, preserving, keeping or filing a university record shall determine, the medium (e.g. paper or electronic) in which the university record is to be created, maintained, preserved, kept or filed.

Document imaging is defined as the conversion of paper-based documents to digital images, making them readily accessible, thereby enhancing the business processes and workflow. The Ohio electronic records committee-an ongoing collaboration, established by the state of Ohio archives in 1998, with representatives from state and local government, academia, and historical societies-has developed guidelines regarding document imaging best practices. This guidance can be found at: https://web.archive.org/web/20080509072653/http:/www.ohiohistory.org/ ohiojunction/erc/imagingrevision/revisedimaging2003.html

There is nothing in Ohio law that prohibits Miami university from disposing of the original paper records once the documents have been imaged. However, before embarking on a document imaging project and/or disposing of converted records, responsible offices should develop local imaging procedures in consultation with information technology. The imaging procedures should document the:

(1) Governance of the project- who is responsible for oversight and execution of the plan

(2) Records being imaged/converted and their mapping to the general records retention schedule and/or unit unique retention schedule

(3) Hardware/software being utilized for imaging/conversion

(4) Description of the actual process (i.e. a "how to" manual)

(5) Scanning resolution and file format

(6) Indexing schema for retrieval and ultimate disposition of the records

(7) Quality control process (operator and supervisory) including a certification of authenticity

(8) Back-up and data recovery plans

(9) Redaction process for restricted information (FERPA, HIPAA, et al)

(10) Buffer period, post-imaging before the paper records will be destroyed

(11) Process for the disposal of paper records in a manner that maintains confidentiality

(12) Acknowledgment that imaged records must be destroyed at the end of their life, per the retention schedule and that request for records destruction must be submitted at that time to the office of general counsel.

(D) Electronic signatures

The Ohio law defines an "electronic signature" as "an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record" and an electronic record as "a record created, generated, sent, communicated, received, or stored by electronic means." "Electronic" is defined as "relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities." For purposes of this policy, "Electronic transaction" shall mean a transaction conducted or performed, in whole or in part, by electronic means or electronic records.

To the fullest extent permitted by law, Miami may elect to accept electronic signatures as legally binding and equivalent to handwritten signatures to signify agreement to electronic transactions. In the furtherance of this rule, Miami university may:

(1) Identify specific transactions that Miami university will conduct by electronic means;

(2) Identify specific transactions that Miami university will not conduct by electronic means;

(3) Specify the manner and format in which electronic records must be created, generated, sent, communicated, received, and stored, and the systems established for those purposes;

(4) Specify the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met, by any third party used;

The use of an electronic signature does not mean that the record has been signed by a person authorized by Miami university to sign that record. Appropriate procedures must be used to confirm that the person signing the record has the required signature authority. An electronic signature used by a person without the authority to sign a given record or used on a given record for which that electronic signature method has not been approved will not be consider binding by Miami university.

Nothing in this policy limits the university's right or option to conduct a university 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.

History

Effective: November 5, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-16-13 Smoke- and tobacco-free environment.

In order to promote the health of our students, faculty, staff, and visitors, all Miami university campuses are designated as smoke- and tobacco-free environments. Smoking is defined as the burning of tobacco or any other material in any type of smoking equipment, including, but not restricted to, cigarettes, electronic cigarettes, vaporizers, hookahs, cigars, or pipes. Smoking is prohibited at all times in all prohibited areas. The use of any tobacco product, including chewing tobacco, is also prohibited.

Smoking and tobacco use are prohibited in all Miami university-owned facilities and on the grounds of any university-owned property. This includes all buildings owned or controlled by Miami university, shelters, indoor and outdoor facilities, natural areas, indoor and outdoor theatres, bridges, walkways, sidewalks, residence halls, parking lots, and street parking and garages controlled by the university, (including inside personal vehicles parked on university property). Smoking and tobacco use are prohibited on sidewalks that adjoin university property. Smoking and tobacco use are also prohibited in any vehicle or equipment owned, leased, or operated by Miami university.

Miami university actively promotes and provides smoking cessation assistance and nicotine replacement therapy to students, faculty, and staff, as well as to their benefit-eligible spouses and domestic partners. Many services are provided at no cost or a reduced cost. Interested employees should contact employee health and well-being. Interested students should contact student health services.

Violations. Faculty, staff, and students violating this policy are subject to university disciplinary action. Violators may also be subject to prosecution for violation of Ohio's smoking ban (Chapter 3794. of the Revised Code). Visitors who violate this policy may be denied access to Miami university campuses and may ultimately be subject to arrest for criminal trespass.

History

Effective: March 9, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-16-14 Travel.

Miami university reimburses or pays travel expenses only if the travel's purpose is: representation of the university on official university business; research investigation; attendance at meetings of professional societies or organizations; or teaching and training activities of the university. Both the travel and the request for payment must satisfy internal revenue service requirements. The amount to be reimbursed or paid depends on the limits established by the university, the policies of the department or unit providing the funds, and the availability of funds. Reimbursement or payment can be assured only if the traveler obtains advance approval from the person responsible for the budget line to be charged. Details of the university's travel policy are contained in the purchases and payments handbook, available online at http://miamioh.edu/accountspayable.

Non-traditional lodging

As used in this rule, the term "non-traditional lodging" means lodging accommodations with an entity outside of the conventional hotel industry, and may include, without limitation, accommodations provided through the online hospitality marketplace (e.g. Airbnb, VRBO, Wimdu, etc.), hostels, and similar outlets and service providers.

There are inherent risks and hazards that may arise from utilizing the services of a non-traditional lodging provider, and such use is prohibited unless the traveler demonstrates there is no conventional lodging available and has conducted the necessary due diligence and developed an adequate and approved safety plan. The non-traditional lodging form must be completed and submitted when seeking approval to use non-traditional lodging.

For university travel involving faculty-led study abroad or away programs, academic programs, or workshops where approval for staying in non-traditional lodging is being sought, the faculty member primarily responsible for the trip must obtain the approval of the study abroad office at global initiatives and the appropriate divisional dean prior to engaging any non-traditional lodging service provider.

For all other university travelers seeking to use non-traditional lodging services for university business travel, permission must be obtained from the traveler's department head/supervisor division head and dean or appropriate vice-president.

History

Effective: December 6, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-16-17 Unmanned aircraft system (drones and model aircraft).

The operation of small unmanned aircraft systems ("UAS"), including drones and model aircraft, on university property and in university airspace (collectively, "university property") is regulated by the federal aviation administration ("FAA") pursuant to 14 C.F.R. Part 107 ("Part 107") and 14 C.F.R. Part 101 ("Part 101"). This rule seeks to ensure compliance with those legal obligations, to protect privacy, and to reduce risks to safety and security.

This rule applies to the operation of all UASs on university property by all persons, including, without limitation, university faculty, employees, students, contractors, and visitors. This rule also applies to the operation of UASs on or above non-university property in support of university-sponsored or university-sanctioned activities.

(A) General requirements applicable to all UASs and all persons operating UASs on university property for any purpose

(1) All UASs operated on university property must have a wingspan of six feet or less.

(2) All UASs operated on university property must weigh less than fifty-five pounds at take-off.

(3) If a UAS weighs more than fifty-five one-hundredths pounds, then it must be registered with the FAA. If a UAS is required to be registered, the FAA-issued registration number must be affixed to the UAS so that the registration number is clearly visible.

(4) The B4UFLY smartphone application must be downloaded and utilized by all persons operating a UAS on university property. The B4UFLY application was created by the FAA to assist UAS operators determine whether there are any restrictions or requirements in effect at the location where they want to fly.

(5) UAS operators must be at least eighteen years or older.

(6) UAS operators that have obtained permission to operate a UAS on university property under this rule must notify and be registered with the Miami university police department at least twenty-four hours in advance of such operation.

(7) Except for public entities (as defined below), any person that is not a university student or employee who wishes to operate a UAS on university property must enter into a written agreement with the university that, among other things, requires such person to:

(a) Hold the university harmless from any claims or harm to individuals caused by the person's operation of the UAS;

(b) Indemnify the university for any damages to property owned or used by the university that are caused by the person's operation of the UAS; and

(c) Obtain a liability insurance policy with at least one million dollars in liability coverage, and add the university as an additional insured under such insurance policy.

(8) Any person wishing to operate a UAS on university property shall be personally responsible for complying with all university policies and all applicable state and federal laws. All persons operating a UAS on university property do so at their own risk.

(9) No person may operate a UAS for purposes of recording or transmitting visual images unless such purpose is approved in writing by the associate provost for research (for university students and instructional staff) or by the director of environmental health and safety offices (for persons who are not university students or instructional staff). If such permission is given, an operator of a UAS equipped with a camera or videorecorder must take all reasonable measures to avoid violations of areas normally considered private, and such UAS may not be used to monitor or record areas where there is a reasonable expectation of privacy in accordance with accepted social norms. These areas include, but are not limited to, restrooms, locker rooms, individual residential rooms, changing or dressing rooms, and health treatment rooms. No UAS shall be used to monitor or record residential hallways, residential lounges, or the insides of campus daycare facilities. No UAS shall be used to monitor or record sensitive institutional or personal information which may be found, for example, on an individual's workspaces, on computers or other electronic displays.

(B) Operation of UAS for recreational purposes or limited educational purposes

Persons operating a UAS as a hobby or for recreation are required to comply with all of the provisions of Sections 101.41 to 101.43 of Part 101. As used in this rule, the term "Recreational Purpose(s)" means the pursuit of an activity outside of one's regular occupation that is engaged in for fun, relaxation, or as a means of refreshment or diversion.

Generally, the operation of a UAS by university faculty, staff, or students in their official capacities will not qualify as a UAS operation for recreational purposes. However, a university student's operation of a UAS under the following limited circumstances ("limited educational purpose(s)") will nevertheless qualify as an operation of a UAS under Part 101, and therefore be deemed an operation for recreational purposes: when a university student's operation of a UAS is a component of the student's science, technology, or aviation-related educational curricula; or when a university student's operation of a UAS is a component of the student's other coursework, such as television and film production or the arts.

Note that student operation of a UAS will not qualify as a limited educational purpose if the UAS is operated in support of a faculty member's research or other sponsored activity, or the student receives any form of compensation directly or incidentally related to the student's operation of the UAS. University faculty may assist students who are operating a UAS for limited educational purposes, provided that the student maintains operational control of the UAS such that the faculty member's manipulation of the UAS's controls is incidental and secondary to the student's (e.g. the faculty member steps in to regain control in the event a student begins to lose control of a UAS, to terminate a flight, etc.). In all other circumstances, faculty operation of a UAS does not qualify as a recreational purpose or limited educational purpose. For further explanation and examples of student uses of a UAS for limited educational purposes, please see the FAA's interpretive memorandum dated May 4, 2016, with the subject line "educational use of unmanned aircraft systems (UAS)."

(1) Any person wishing to operate a UAS for a recreational purpose or for a limited education purpose must comply with each of the following preflight requirements:

(a) Submit a request in writing to the associate provost for research:

(i) Outlining the proposed flight schedule and proposed flight activity;

(ii) Identifying any person that will be operating a UAS on university property;

(iii) Providing the FAA registration number (if applicable);

(iv) Providing the manufacturer and model number of the UAS to be operated;

(v) Providing all pertinent specifications of the UAS (e.g. weight, maximum range, maximum altitude, whether the UAS has dual controls, whether the UAS has "return home" programming, etc.); and

(vi) Indicating whether such UAS operation will involve recording or transmitting visual images.

(b) Obtain the written permission of the associate provost for research as to the time, place, and manner of the proposed UAS operation.

(c) UAS operations for a recreational purpose or for a limited educational purpose will be limited to the following areas (each an "authorized location"):

(i) Chestnut fields (105 W. Chestnut avenue, behind the parking lot).

(ii) Ditmar parking lot (behind Miami university police department and Ditmer parking lot).

(iii) Bonham field/Fryman parking lot

(d) At the direction of the associate provost for research, a person wishing to operate a UAS for a recreational purpose or for a limited educational purpose must reserve an authorized location by contacting the director of special events at Miami recreation.

(e) Once written permission has been obtained from the associate provost for research, provide advanced notice to all airport operators and airport air traffic control towers (if any) within a three mile radius of the UAS flight path. Any notice should include the proposed flight path, flight date and time, and any information requested by such airport operators and airport air traffic control towers.

(f) Persons operating a UAS on the university's Oxford campus must notify the Miami university airport and McCullough-Hyde memorial hospital.

(2) Any person operating a UAS for recreational purposes or for limited educational purposes shall abide by the following operational requirements:

(a) Operate the UAS strictly for a recreational purpose or for a limited educational purpose and not for instructional, research, work, compensation/hire, or any other business purpose.

(b) Comply with all applicable parts of Part 101 and operate the UAS in accordance with the safety code promulgated by the academy of model aeronautics; provided, that if there is a conflict between this rule and any requirements found in Part 101 or the safety code promulgated by the academy of model aeronautics, the requirements contained in this rule shall control.

(c) Review and understand all airspace restrictions that may apply to the operation of a UAS, including, without limitation, any temporary flight restrictions, and any restricted or special use airspace.

(d) Operate the UAS at or below two hundred feet. The associate provost for research may grant special permission to operate a UAS up to four hundred feet.

(e) Operate the UAS at or below a ground speed of fifty miles per hour. The associate provost for research may grant special permission to operate a UAS at a ground speed up to one hundred miles per hour.

(f) Operate the UAS at all times within the operator's line of sight without visual aids (such as binoculars, telescope, etc.).

(g) Operate the UAS so as to never interfere with manned aircraft, and always yield the right of way to manned aircraft.

(h) Operate the UAS in class G airspace as indicated by the B4UFLY application.

(i) Avoid operating a UAS in highly populated areas, near high traffic areas, and near public thoroughfares.

(j) Never operate a UAS:

(i) At night or in inclement weather;

(ii) From a moving vehicle;

(iii) Directly over any unprotected human being;

(iv) Over or within one hundred feet of stadiums, sports events, graduation commencement or other ceremonies, or emergency response efforts (e.g. fires, law enforcement activities, etc.).

(v) While under the influence of drugs or alcohol; or

(vi) Inside a building (unless specific permission for such activity is obtained from the associate provost for research).

(C) . General requirements applicable to all persons (other than public entities) operating UASs for any purpose other than for recreational purposes or limited educational purposes

Persons operating a UAS on university property for purposes other that recreational purposes or limited educational purposes are required to either obtain a COA from the FAA or comply with all of the provisions of Part 107. To operate a UAS under Part 107, a person must first pass an aeronautical knowledge test at an FAA-approved knowledge testing center; complete an application for a remote pilot certificate (FAA form 8710-13) and submit it to the FAA; and pass a TSA security background check. A person successfully completing these steps will be issued a remote pilot certificate from the FAA and be considered a "remote pilot in command" capable of operating a UAS for non-hobby or non-recreational purposes pursuant to Part 107.

Any person (other than a public entity) operating a UAS on university property for any purpose other than recreational purposes or limited educational purposes must:

(1) Either possess a valid and unexpired remote pilot certificate issued by the FAA, or be under the direct supervision of a remote pilot in command with a valid and unexpired pilot certificate issued by the FAA (provided that the remote pilot in command is available and capable of immediately taking direct control of the UAS at any time during such operation); or possess a valid and unexpired COA issued by the FAA; and

(2) Operate the UAS pursuant to Part 107 or a valid and unexpired COA, and within any limitations set forth in the written permission issued under this rule.

(D) Operation of UASs by university faculty and university students for any purpose other than recreational purposes or limited educational purposes

Any university faculty member or university student wishing to operate a UAS on university property for any purpose other than recreational purposes or limited educational purposes must comply with each of the following requirements:

(1) Submit a request in writing to the associate provost for research:

(a) Outlining the proposed flight schedule and proposed flight activity;

(b) Identifying any person that will be operating a UAS on university property;

(d) Providing the manufacturer and model number of the UAS to be operated;

(e) Providing all specifications of the UAS (e.g. weight, maximum range, maximum altitude, whether the UAS has dual controls, whether the UAS has "return home" programming, etc.); and

(f) Indicating whether such UAS operation will involve recording or transmitting visual images.

(2) Provide the associate provost for research with a copy of either:

(a) The remote pilot in command's valid and unexpired remote pilot certificate, and a list of any operational waivers the remote pilot in command has received from the FAA; or

(b) A copy of the valid and unexpired COA.

(3) Obtain the written permission of the associate provost for research as to the time, place, and manner of the proposed UAS operation.

(E) Operation of UASs for other business purposes

Any university employee that is not a university faculty member; all governmental entities, law enforcement agencies, and public safety agencies (collectively, "Public Entities"); and any other person wishing to operate a UAS on university property for compensation, hire, or any other business purpose shall comply with each of the following requirements:

(1) Submit a request in writing to the director of health and safety offices

(a) Outlining the proposed flight schedule and proposed flight activity;

(b) Identifying any person that will be operating a UAS on university property;

(d) Providing the manufacturer and model number of the UAS to be operated;

(e) Providing all specifications of the UAS (e.g. weight, maximum range, maximum altitude, whether the UAS has dual controls, whether the UAS has "return home" programming, etc.); and

(f) Indicating whether such UAS operation will involve recording or transmitting visual images; provided, that none of the requirements contained in the immediately preceding sentence will apply to the operation of a UAS by public entities during an emergency.

(2) Provide the director of health and safety offices with a copy of either:

(a) The remote pilot in command's valid and unexpired remote pilot certificate, and a list of any operational waivers the remote pilot in command has received from the FAA; or

(b) A copy of the valid and unexpired COA.

(3) Obtain the written permission of the director of health and safety offices as to the time, place, and manner of the proposed UAS operation.

(F) Sanctions

Any violations of university policies by an individual will be dealt with in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university. Legal prohibitions regarding physical presence on campus/trespassing and other legal action may also be pursued against third parties that operate UAS in violation of this rule. Fines or damages incurred by individuals or units that do not comply with this rule will not be paid by the university and will be the responsibility of those persons involved.

History

Effective: March 9, 2018
Promulgated Under: 111.15

Ohio Adm.Code 3339-16-19 Electronic scooters (e-scooters).

Miami university is committed to creating a safe campus. As part of these efforts, Miami university regulates the use of electronic transportation devices on university property.

E-scooters may only be ridden in campus bike lanes. E-scooter operators must obey all traffic rules, traffic lights and signs and other rules of the road.

Definitions

Electronic transportation devices (ETD)- small, electric-powered, or assisted vehicles used for personal mobility. These include electric bicycles (class 1,2), low-speed micromobility devices like e-scooters (under one thousand lbs), e-skateboards, and other electric personal assistive mobility devices.

(A) Policy

(1) The university provides no facilities for the storage or charging of person ETDs. The presence, storage, and charging of all ETD and their batteries are strictl prohibited within all university residence halls, other campus buildings, and anywhere on university property. Charging ETDs on university property is a violation of saftely protocals and may result in immediate confiscation of the ETD or its battery.

Exception: ETDs that are purchased for research purposes must have storage and battery charging locations pre-approved by the university fire marshal. Miami university police department must be apprised of all approved campus locations for the storage or charging of ETDs for research.

(2) ETD may only be operated in bike lanes. ETD is not permitted to be operated on any sidewalk on university property at any time with the exception of the bike lane incorporated into the sidewalk along Patterson avenue.

(3) Maximum speed on campus roads is fifteen mph and eight mph (roughly a jogging pace) when sharing space with pedestrians.

(4) Parking lots and garages are "no ride" zones. ETDs must be dismounted and walked to an outdoor bike rack. Parking outside of racks is prohibited.

(5) University employees may not operate ETD on university property while on university business and will be reimbursed for ETD use.

(6) Operators must not carry passengers.

(7) Operators must not be under the influence of alchol when operation an ETD.

(8) Operators must not race ETD, other personal transportation devices or vehicles.

(9) Operators may not wear headphones.

(10) Operators may not transport packages.

(11) Pedestrians have the right of way at all times.

(12) ETD found in residence halls or left unattended anywhere on university property other than an established bicycle rack pad may be impounded by university police.

(B) Citation and impoundment

When any ETD (excluding those approved through student disability services or human resources) is determined to be in violation of this ETD regulation, it is subject to a twenty-five dollar citation, impoundment (impound fee is seventy-five dollars), or both, at the owner's expense. A five dollar daily storage fee will accrue until the e-scooter is retrieved. Miami university is not responsible for damage to ETD. Devices will be released to the registered owner or their duly authorized agent only after all the following conditions are met:

(1) All outstanding citations and impoundment fees are paid.

(2) A picture identification is presented.

(3) Proof of ownership or retrieval authorization is presented.

Appeals should be addressed in writing within five calendar days to the director of environmental health and safety, 164A, Cole service building, Miami university, Oxford, OH 45056. Appeals must include all pertinent information and supporting documentation needed to allow the director of environmental health and safety, to make an informed decision. Appeals should contain a complete and full explanation of circumstances or claim.

(D) Individual responsibility

Individuals will be held personally responsible for any damage caused to university property as a result of the operation of a ETD on university property. Individuals assume the risk of personal injury and death and will be held responsible for any injuries to themselves or others as a result of any violation of this policy or the improper operation of any ETD on university property.

(E) Safety tips

(1) Wear a helmet

(2) Maintain a three-foot minimum distance from pedestrians.

(3) Yield to pedestrians in crosswalks.

(4) Watch the road for uneven surfaces and debris.

(5) Be wary of puddles and leaves that may hide potholes.

(6) Dress to be seen and do not operate at night.

(7) Share the road and never ride against traffic.

(8) Eliminate distractions. Do not text while riding.

The recommendations included above are intended to increase safety when riding a ETD but are not intended to be an exhaustive list of safety precautions or to guarantee operator safety. Operators are expected to review and abide by any terms and conditions agreed to in order to ride the ETD. As with any device used for transportation, users operate at their own risk.

Last updated May 19, 2026 at 7:46 AM

History

Effective: May 16, 2026
Promulgated Under: 111.15

Chapter 3339-17 Bulletins and Handbooks

Ohio Adm.Code 3339-17-01 Miami bulletin - general edition.

(A) This chapter brings together the program requirements and course descriptions for Miami university as set forth in the Miami bulletin general edition. A copy of the bulletin may be obtained: http://miamioh.edu/academics/bulletin/index.html

(1) Miami university academic calendar

(2) General information

(3) Undergraduate and graduate majors and degrees

(4) Admission for undergraduate students

(5) Liberal education at Miami

(6) Other requirements

(7) Academic planning

(8) Course registration and other regulations

(9) Grades

(10) Fees and expenses

(11) Financial aid, awards and scholarships

(12) Graduate awards and other financial assistance for graduate students

(13) Special opportunities and programs

(14) The college of arts and science

(15) College of creative arts

(16) College of education, health, and society

(17) College of engineering and computing

(18) The farmer school of business

(19) College of progessional studies and applied sciences

(20) The graduate school

(21) Admission for graduate students

(22) Degree and certificate requirements

(23) Graduate fields of study

(24) Courses of instruction

(25) Awards, scholarships, and prizes

(26) Graduate awards

(27) University officers, deans, and chairs

(28) Index

Last updated June 3, 2021 at 9:12 AM

History

Effective: March 6, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-17-03 The student handbook.

This chapter brings together the undergraduate academic regulations, the student conduct regulations, and the appendices to those regulations, for Miami university as set forth in the student handbook. A copy of the handbook may be obtained from: http://miamioh.edu/_files/documents/secretary/Student_Handbook.pdf

(A) The undergraduate academic regulations cover the following general areas:

(1) Admission

(2) Registration

(3) Grades and scholarship

(4) Examinations

(5) Academic integrity

(6) Responsible use of computing resources at Miami university

(7) Academic responsibilities and academic grievance policy

(8) Classification of students

(9) Class attendance

(10) Graduation requirements

(11) Degree: honors and distinction

(12) Family educational rights and privacy act policy

(13) Financial obligations

(14) Student e-mail policy

(B) The student conduct regulations cover the following general areas of conduct and behavior:

(1) Offenses

(2) Sanctions

(3) Hearing procedures

(4) Appeals

(5) Miscellaneous

(6) Appendix: supplementary disciplinary procedures

(a) Miami university John E. Dolubois European center discipline policies

(b) "1219" offenses

(1) Residency requirements

(2) Residence halls

(3) Student room regulations

(4) Miami university commuter center

(D) Health and safety

(1) Student health service

(2) Student counseling service

(3) Disability services

(4) Policy on alcohol

(5) Voluntary medical withdrawal

(6) Involuntary medical withdrawal

(7) Timely warnings

(8) Helping students in distress

(9) Emergency notification and response

(10) Smoke- and tobacco-free environment

(11) Missing student policy and student emergency contact information

(12) Title IX protocol

(E) Student life

(1) Student organizations and governance bodies

(2) Student organizations funding by associated student government

(3) Fraternities and sororities

(4) Event scheduling

(5) Use of university buildings and facilities

(6) Right of expression of students

(7) Signs, posters, and banners

(8) Solicitation, political canvassing, sales projects, and raffles

(9) Outside speakers on campus

(10) Grievance procedure for student publications

(11) Student organization salary and wages

(12) Reporting harassment, discrimination, and retaliation

(13) Romantic and sexual relationships

(14) Policy prohibiting harassment and discrimination

(15) Regulations pertaining to student use of university libraries

(16) Student employment.

(17) Student organization vehicle rentals and travel policies

(F) Motor vehicle regluations

(1) Scope of the policy

(2) Motor vehicle permits

(3) Parking areas

(4) Violations

(5) Parking appeals committees

(6) Regional campuses motor vehicle regulations

(7) Permit fees

Last updated June 3, 2021 at 9:12 AM

History

Effective: March 6, 2015
Promulgated Under: 111.15

Ohio Adm.Code 3339-17-04 The graduate student handbook.

This chapter brings together information about procedures, rules, resources, and regulations of the graduate school of Miami university as set forth in "A handbook for graduate students and faculty". A copy of the handbook may be obtained from: Miami university graduate school, one hundred two roudebush hall, Oxford, Ohio 45056, 513/529-3734, gradschool@miamioh.edu.

(A) Graduate academic regulations

(1) Admission

(2) Registration

(3) Grades and Scholarship

(4) Other academic regulations

(5) Academic and research/creative activity integrityb

(6) Code of student conduct

(7) Academic responsibilities and academic grievance policy

(B) General graduate student information

(1) Financial obligations

(2) Support for research, travel, and teaching

(3) Scholarship opportunities

(4) Responsible use of computing resources at Miami university

(5) Student e-mail policy

(6) Missing student policy and student emergency contact information

(7) Health and safety

(8) Emergency notification and response

(9) Assessment

(1) Recipient guidelines

(2) Types of awards

(3) Administration of graduate awards

(4) Rights and responsibilities of graduate award holders

(5) Other benefits for graduate award holders

(D) Graduate degree requirements

(1) Master's degree

(2) Second master's degree

(3) Certificate in cognate area

(4) Specialist in education

(5) Doctor of philosophy

(6) Interdisciplinary phd

(7) Guidelines for preparing theses and dissertations

(8) Internships and practica

(9) Guidelines for writing a thesis, dissertation, practicum, or internship report

(10) Graduation procedures

(11) Examining committees

(E) Graduate faculty information

(1) Levels and criteria for graduate faculty standing

(2) Procedures for appointing graduate faculty members

(3) Determining levels of graduate faculty standing

(F) Student Life

(1) Student organizations and governance bodies

(2) Student organization funding by associated student government

(3) Graduate student organizations

(4) Event scheduling

(5) Use of university buildings and facilities

(6) Right of expression of students

(7) policy against harassment and discrimination

(8) Regulations pertaining to student use of university libraries

(G) Graduate council policies

(1) Organization of the graduate school

(2) Reporting subcommittee actions to the graduate council

Last updated June 3, 2021 at 9:12 AM

History

Effective: December 17, 2012
Promulgated Under: 111.15

Chapter 3339-18 Motor Vehicle Regulations

Ohio Adm.Code 3339-18-01 Motor vehicle permits.

The university and the city of Oxford are compact and interdependent, with most locations accessible to pedestrians. Miami university discourages students from bringing cars to Oxford. Students who desire transportation will find that transit services provided by the Butler county regional transit authority provide an efficient alternative to a personal vehicle.

Miami university is not responsible for damage to or theft from motor vehicles or bicycles parked, stored, or operated on university property. Miami university is not responsible for damage to motor vehicles or bicycles and locks incurred during impoundment or immobilization. Note: See rule 3339-16-03 of the Administrative Code for regulations pertaining to bicycles.

This rule applies to the use of motor vehicles in university parking areas, defined in these regulations as streets bordering the Oxford campus, streets through the Oxford campus, Oxford campus parking lots, university parking garages and drives. Parking and transportation services may modify restrictions in any area at any time in the course of managing the university's parking resources.

(A) Permit required

A permit is required at all times to park in a university parking lot or on a university drive, except as noted in this rule. No permit is required for daytime parking in the garages or at parking meters in pay-to-park areas; fees for facility use must be paid. A permit is required to park on city streets that run through or adjoin campus from seven a.m. to six p.m., Monday through Friday. At other times a permit is not required to park on city streets that run through or adjoin campus.

Miami university uses license plate recognition (LPR) technology to assign parking privileges to motor vehicles. Vehicle license plates must be properly registered or a vehicle will not be recognized as having permission to park on campus. Physical parking permits are not distributed for use on the Oxford campus. Vehicles must be parked so that an unobstructed view of the vehicle's license plate is visible to the drive aisle so that vehicle-mounted LPR cameras can read license plates.

(B) Permit eligibility

First-year students are not permitted to bring a car to campus without express university authorization (exceptions listed in this rule). Sophomores, juniors, and seniors are permitted to bring a car, but are required to register the vehicle with the university and obtain a parking permit.

Currently enrolled Miami students re not eligible to purchase or use red parking permissions intended for faculty, staff and visitors. However, Miami reserves the right to issue a permit at any level at its discretion.

Students, faculty, and staff may apply for a permit and obtain a copy of the parking map through parking and transportation services website or in person at parking and transportation services. Each semester, for seven calendar days after the start of classes, students may park in the Ditmer, Chestnut fields, or west Millett parking areas without a permit. Visitors may apply for a permit in person or online; vendors and contractors may apply for a permit in person at parking and transportation services. Some offices on campus may offer one-day visitor parking permits (see paragraph (I) of this rule).

Students may not register vehicles belonging to other students unless they are siblings who are also Miami students. Students may register only one vehicle; to change vehicles the first vehicle must be removed from the parking account before adding another.

Faculty, staff, visitors, vendors, and contractors may not register vehicles belonging to students who are not immediate family members. Employees and visitors may register up to four vehicles to use the same permission; only one vehicle is permitted to park on campus at any time for each permission.

Permit colors correspond to specific parking areas indicated on the parking map.

(1) Qualifications for red permit parking

(a) Faculty

(b) Staff

(d) Visitors

(e) Vendors

(f) Contractor superintendents

(g) Parking and transportation services will confirm eligibility. A red permit is restricted for use only by the individual to whom the permit is assigned.

(h) A red permit is transferable only to another vehicle being used by a faculty, staff member, or graduate assistant which has also been registered with parking and transportation services.

(i) A red permit may park in any color (red, blue, yellow, white) parking area on campus at all times.

(j) Employees may elect to form a carpool (two employees) or vanpool (three or more employees) to reduce the cost of their red parking permit. Each member of the car/vanpool will receive five temporary daily parking permits per semester for the occasions when a car/vanpool is not convenient. Members of the car/vanpool are not eligible to purchase any other parking permits and must register with parking services to receive discounted parking rates.

(k) Only one vehicle registered to a red area parking permit is permitted to park on campus at a time unless a temporary daily parking permit has been purchased for the additional vehicle on campus or the additional vehicle is parked in a paid parking area (i.e. garage or parking meter). Each vehicle is subject to citation (reproduction/illegal use of permit, three hundred dollars) for violations.

(2) Qualifications for blue permit parking

(a) Graduate students

(b) Resident advisors

(d) A blue permit is not transferable to another vehicle.

(e) A blue permit may park in blue, yellow, or white parking areas on campus during restricted hours.

(3) Qualifications for yellow permit parking

(a) Sophmore, junior or senior students who reside on campus are eligible for one semester or two semester yellow residential parking permits.

(b) Sophmore, junior or senior students commute from the home of a parent or guardian are eligible for daily, one semester or two semester yellow commuter permits.

(d) First-year students whose permanent home address is more than two hundred miles from the university are eligible for one semester or two semester yellow millett lot permits.

(e) All students are eligible to purchase up to four, one-week, yellow millett lot parking permits per semester.

(f) A yellow residential permit may park in the designated yellow lot for that permit at any time and in red-permitted areas from six p.m. to seven a.m. on weekdays and all day on weekends. See signs posted in lots for permit eligibility and paragraph (G) of this rule for exceptions.

(g) A yellow commuter permit may park in the designated commuter sections of any yellow lot from six a.m. to two a.m. (no overnight parking in designated commuter spaces) and in red-permitted areas from six p.m. to seven a.m. on weekdays and all day on weekends. See signs posted in lots for permit eligibility and paragraph (G) of this rule for exceptions.

(h) A yellow permit is not transferable to another vehicle.

(4) Qualifications for white permit parking

(a) Faculty

(b) Staff

(d) A white permit is transferable only to another vehicle being used by the faculty, staff member, or graduate assistant which has been registered with parking and transportation services.

(e) Only one vehicle registered to a white area parking permission is permitted to park on campus at a time unless a temporary daily parking permit has been purchased for the additional vehicle on campus or the additional vehicle is parked in a paid parking area (i.e. garage or meter). Each vehicle is subject to citation (reproduction/illegal use of permit, three hundred dollars) for violations.

(f) A white permit may park only in white parking areas on campus at all times.

(5) Qualifications for temporary permit parking

(a) A student may obtain up to four weeks of temporary permit privileges each semester.

(b) Any student may obtain a temporary permit for his or her own vehicle only.

(6) Qualifications for green permit parking

(a) Regional campus students.

(b) Green permits may be obtained from the office of business services on the regional campuses.

(c) A green permit is transferable only to another vehicle being used by a regional campus student which has also been registered with parking and transportation services.

(d) A green permit may park only on regional campuses at all times.

(D) Exceptional transportation needs

Parking and transportation services recognizes that in some instances, there exist exceptional transportation needs for students who do not otherwise qualify to have a motor vehicle on campus or for an elevated level of parking privilege. To make an application based on an exceptional transportation need, students must provide a statement of need at the time of application along with any supporting documentation which will justify the request. If the conditions which permit the exceptional transportation need to be granted change or no longer exist, it is the responsibility of the student to notify parking and transportation services of the change.

(1) Conditions which will be considered as reasons for an exceptional transportation need request to obtain a yellow permit include:

(a) Regional campus class - parking and transportation services will verify enrollment

(b) Employment - student shall provide name and email address of supervisor for verification

(d) Active military status

(2) Conditions which will be considered as reasons for an exceptional transportation need request to obtain a blue permit include:

(a) Graduate students.

(b) Non-traditional student - age twenty-five or married at time of registration.

(c) Qualifying internship - student shall provide verification from the instructor indicating academic credit for the internship.

(d) Students enrolled in ROTC or similar military programs with ROTC classes at Miami university.

(E) Permit revocation

Obtaining a permit by providing false information or violating this rule's restrictions will result in revocation of the permit with forfeiture of the permit fee. Unauthorized transfer of a permit to another vehicle will result in revocation of the permit with forfeiture of the permit fee.

The permit holder shall notify parking and transportation services of any change in the conditions under which the permit holder qualified for the permit and surrender the permit to obtain an exchange. Failure to report a change in qualifying conditions is a violation of this rule and will result in revocation of the permit with forfeiture of the permit fee. Parking and transportation services will work with individuals who need a parking privilege in the event their circumstances change.

(F) Duration of permits

(1) Annual permits

Student permits: valid from the first day of class in the fall semester through Monday following May commencement.

Faculty, staff and graduate assistant permits: valid from July first through June thirtieth each year.

Fall semester permit: valid from the first day of the fall semester through the first day of the spring semester.

Spring Semester permit: valid from the first day after final examination week of the fall semester to the Monday following May commencement.

Summer term permit: from the Monday following May commencement to the first day of the fall semester.

One-week temporary yellow west millett lot permit: up to seven calendar days from date of issue.

One-day temporary red permit: expires at eleven fifty-nine p.m. on the date of issue. Intended for visitors to campus and may not be purchased or utilized by currently enrolled students.

(G) Special circumstances

(1) Special events

Ordinarily, all permits are accepted in most areas of the Ditmer, west Millett, and Chestnut fields parking lots. However, on dates of home football games, all student cars must be removed from the west Millett lot. Other special events may require removing vehicles from the west Millett lot or other parking areas on campus as needed. Advance notice will be provided by parking and transportation services at least seventy-two hours in advance of such a need. Students may park in other student holding lots (Ditmer, and Chesnut fields) on campus all day on those dates. Student vehicles may return to the west Millet parking lot on the day following a home football game. On home football game weekends, a permit is not required from twelve p.m. Friday to seven a.m. the following Monday.

(2) Log-in privlege

Students or employees who require a parking privilege that is not granted by their parking permit, including the use of service drives or loading areas, must call parking and transportation services for permission prior to parking on campus. Telephone call (during office hours), voice mail, and email are all acceptable means of notification. The vehicle must have a valid parking permit in order to use this privilege. Students or employees with extenuating circumstances may receive permission to park on campus up to four times in the semester. If a parking citation is issued during the time of the log-in after permission has been granted, the student must call or present the citation on the date of issue or the next business day to request cancellation of the citation. Log-in privileges will not exceed twenty minutes in duration.

(3) Disabled vehicles

Please advise parking and transportation services or the Miami university police if your vehicle becomes disabled while parked on campus. Permit holders will be allowed twenty-four hours to have the vehicle removed from a restricted lot and will be responsible for citations issued to the vehicle in that lot after that time.

(4) Tailgating out of the parking garages

Only one vehicle may exit a parking garage per cycle of the garage gates. It is a violation of the Miami parking policy for a second vehicle to tailgate another vehicle out of the parking garage. The second vehicle is subject to a citation in the amount of the cost for a full-day stay in the garage. Security cameras and the garage systems note the time of tailgating occurrences. If one experiences a problem exiting the garage they should press the twenty-four hour intercom button to speak with a remote attendant.

(5) Towing vehicles

Miami reserves the right to tow a vehicle in certain limited circumstances when the vehicle is parked in such a way as to prevent or disrupt significant university operations. These circumstances may include relocating an illegally-parked vehicles which hinders traffic, blocks access to fire-hydrants/fire-roads, manholes or tunnel access, or other circumstances. Additionally, these circumstances may include towing a legally-parked vehicle if the vehicle is hindering access by emergency vehicles or maintenance or construction equipment. The university will make reasonable efforts to contact the drivers to have them move the vehicle prior to towing. If the driver is unable to be reached and/or move the vehicle in a timely fashion, the vehicle will be towed and more information will be provided by calling parking services at 513-529-2224.

(6) Hazard lights or stopping and standing

Use of vehicle hazard flashers or stopping and standing does not permit a vehicle to park in violation of posted restrictions and this rule. Violators may receive a parking citation even if hazard flashers are in use.

(H) Motorcycles, motorized scooters and mopeds

All motorcycles, motorized scooters and mopeds must be properly registered with the bureau of motor vehicles, have a valid university parking permit and park in a legal parking space. Only two motorcycles, motorized scooters or mopeds may occupy one vehicle parking space. Motorcycles, motorized scooters and mopeds found in violation may be cited or impounded. Motorcycles, motorized scooters or mopeds may not park in bike racks, on sidewalks or in locations not marked as designated parking spaces.

(I) Handicap accessible parking

Handicap accessible parking is available throughout the campus. A valid Miami parking permit and a state-issued disability placard are required in order to park in a handicap accessible parking space in a campus parking lot or street adjacent to or running through the campus. Students with a Miami parking permit and a state-issued disability placard may park in any available handicap accessible parking space, regardless of the restriction on the remainder of the parking lot or area. Drivers must submit a photo of their state-issued ADA placard to Miami parking services office.

(J) Departmental visitor parking permits

Departments and offices on campus may request an account from parking and transportation services to issue visitor parking permits to their guests and university visitors subject to the following conditions:

(1) Visitor parking permits are issued for only one day. Ranges of dates are not permitted. Visitors should be referred to parking and transportation services to request permits for up to six months in duration.

(2) Visitor parking permits may not be issued to or used by any Miami university student, faculty, or staff member.

(3) Departments will be charged monthly for visitor parking permissions issued.

(4) For large events, contact parking and transportation services at least ten days in advance for assistance.

Violations of the conditions of use above may result in revocation of departmental permit account. Accuracy of the information recorded is essential to ensuring that guest vehicles are properly registered. Departments will be responsible for any fines that result from improperly registered vehicles.

(K) Contractor/vendor parking permits

All contractor vehicles (excluding cranes, dump trucks, front-end loaders, etc.) are to have a valid parking permit issued from parking and transportation services while parked on campus outside of a designated construction site.

(1) A specific number of red permits will be approved for project supervisors, managers and foreman of the primary contractor. This permit may also be issued to vendors, time and materials contractors, and those with university approval.

(2) All other construction personnel, contractors, and subcontractors may park in the Fryman parking lot on Bonham road between six a.m. and ten p.m. daily. No permit is required, and no vehicles or materials may be left in the lot overnight. Violations will result in citations and removal of vehicles and/or property at the owner's expense. Transportation to and from the job site is the responsibility of the contractor.

Contractor/vendor parking registration forms may be obtained from and submitted to parking and transportation services.

Last updated September 22, 2022 at 11:37 AM

History

Effective: September 22, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-16-03

Miami university is committed to creating a sustainable and safe campus. As part of these efforts, Miami university regulates the use of personal transportation devices on university property.

(A) Types of personal transportation devices

Permissible personal transportation devices include the following:

(1) Bicycles, unicycles, tricycles, and similar vehicles regardless of the number of wheels;

(2) Class one or two electric bicycles (see electronic transportation devices policy);

(3) Skates, including in-line skates, rollerblades, and roller skates;

(4) Skateboards or other wheeled boards of any size or type (for electronic skateboards, please see electronic transportation devices policy);

(5) E-scooters with restrictions (see rule 3339-16-18 of the Administrative Code).

(B) Prohibited personal transportation devices

Prohibited personal transportation devices include the following:

(1) Segways;

(2) Golf carts and ATVs;

(3) Bicycles with helper motors (mopeds);

(4) Any other motorized personal transportation device.

University owned and operated small motorized transportation devices (e.g. golf carts and ATVs) may only be used in the course of conducting official university business.

(1) Individual responsibility

(2) Safety rules

(a) In areas where designated bicycle paths are provided, bicycles and e-scooters may only be ridden in such designated bicycle paths and not on adjacent sidewalks.

(b) Pedestrians have the right of way at all times.

(e) The use of earphones while using a personal transportation device is prohibited.

(3) Parking

(b) Chaining or securing a bicycle to any object or structure other than a bicycle rack is prohibited.

Last updated May 19, 2026 at 7:46 AM

History

Effective: May 16, 2026
Promulgated Under: 111.15

Ohio Adm.Code 3339-18-02 Permit prices.

The most current listing of parking permit types, availability, and pricing, are posted on the parking and transportation services website: http://miamioh.edu/parking/permits/index.html.

History

Effective: October 18, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-18-03 Parking areas.

Signs at the entrances to most campus lots and individual spaces indicate the color of the permit required to park in the lot or space, as well as the times and days the restriction is in effect. Not all campus streets are posted with permit restrictions. Contact parking and transportation services or consult the parking map with questions about permit restrictions for an area.

(A) Explanation of parking map and conditions that apply

(1) Red

(a) A few red permit areas are posted for twenty-four hour restrictions and are limited at all times every day to vehicles displaying a red permit. Vehicles displaying permits of any other color are not permitted to park in these areas.

(b) Most red permit parking areas are posted with restrictions in effect from seven a.m. to six p.m., Monday through Friday. After those times any vehicle displaying a valid permit of any color may park in that parking area.

(2) Blue

(a) Blue permit parking areas are restricted from seven a.m. to six p.m., Monday through Friday. After those times any vehicle displaying a valid permit of any color may park in the blue parking areas.

(b) Blue permit holders may not park in university parking areas designated for red permits during restricted hours (for restricted hours, see appropriate colors in paragraph (A)(1) of this rule).

(3) Yellow

(a) Yellow permit parking areas (Ditmer, Chestnut fields, and west Millett) are open to any vehicle displaying a valid permit of any color at any time bus service is provided from Ditmer, Chestnut fields, and west Millett parking lots to central campus.

(b) Yellow permit holders may not park in university parking areas designated for red or blue permits during restricted hours (for restricted hours, see appropriate paragraphs (A)(1) to (A)(2) of this rule).

(c) The west Millett lot has a twenty-four hour section for overnight parking and a six a.m. to ten p.m. section for daytime parking. Vehicles parked in the daytime area after ten p.m. may be cited.

(4) White

(a) White permit parking areas (Ditmer, Chestnut fields, west Millett, and culinary support center) are open to any vehicle displaying a valid permit of any color at any time.

(b) White permit holders may not park in university parking areas designated red or blue permits during restricted hours (for restricted hours, see appropriate color stated in this rule).

(B) Right of way requests

Certain events on campus may necessitate the exclusive use of a parking area or roadway for the event to be conducted in a safe manner or due to the sheer number of unique visitors. In those cases, a right-of-way request must be approved in advance.

(1) Conditions for right-of-way requests

(a) The event must not cause significant disruption to university functions, vehicular traffic, parking lot usage, and must not prevent convenient access to university facilities.

(b) Applicants must submit a request for right-of-way use with barricades or parking signs to parking and transportation services ten business days prior to the event date.

(d) The applicant and/or organization must comply with the requirements for posting "no parking" signs if parking is to be prohibited, or no vehicles shall be cited and/or towed from the reserved area.

(e) The applicant/organization shall provide a diagram of the route or event site with the request.

(f) The applicant/organization will be responsible for lot-clearing fees at the time of the request according to the following schedule:

(i) One to fifty spaces: five dollars per space

(ii) Fifty-one to ninety-nine spaces: four dollars per space

(iii) One hundred to two hundred fourty-nine spaces: three dollars per space

(iv) Two hundred fifty to four hundred ninety-nine spaces: two dollars per space

(v) Five hundred or more remote parking lots: one dollar per space

(g) Parking and transportation services shall determine the final cost for lot reservations.

(2) Requirements for posting of "no parking" signs for use of right-of-way

Any person or organization that requests assistance from Miami university's parking and transportation services in keeping a street or parking lot clear of traffic or parked cars shall comply with the following requirements:

(a) A standard eight and 8.5 by eleven sign, issued by parking and transportation services, will be used when marking an area for parking restrictions. All signs will be posted at the curb line, thirty-six inches above the ground on wooden stakes or posts which have been placed no further than twenty feet apart.

(b) The effective date and times of the restrictions will be written in permanent marker above the words "no parking."

(d) Between signs (with arrows as needed)

(e) This block/lot

(f) Here to corner (with arrows as needed)

(g) This side of street

(h) It is the responsibility of the applicant/organization to post the signs according to these requirements and periodically check the posting to replace signs that are missing.

(i) Once the initial posting has been completed, notify parking and transportation services by calling (513) 529-2224. A customer service assistant will log the date and time and a parking technician will inspect sign content and placement. This must occur seventy-two hours before the effective date.

(j) All signs must be posted seventy-two hours in advance of the effective date.

(k) All of these conditions must be met in order for Miami university police or parking control technicians to ticket or tow a car parked in the area.

(l) Remove all signs when the event is concluded.

History

Effective: October 18, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-18-04 Parking violations.

An individual registering a vehicle is responsible for all citations issued to that vehicle regardless of ownership. Individuals who lend their vehicles to others are responsible for any parking fines incurred.

(A) Parking without a permit: fine seventy-five dollars

Parking in permit-required areas of campus without registering the vehicle to a Miami parking permit. A permit is required to park in university parking areas (see rule 3339-18-01 of the Administrative Code).

Vehicles that are not registered to a parking permit may also be charged an administrative fee of two dollars and fifty cents to look up ownership of the vehicle in order to collect fines.

Unregistered vehicle is a permit violation.

(B) Plate not facing drive asile: fine twenty dollars

Improperly displaying a university parking permit. Once the vehicle's license plate is registered through parking services, the license plate is the parking permit and mist be displayed so as to be visible in the drive lane in the parking lots.

Plate not facing a drive aisle is a permit violation.

Parking in areas beyond the privileges granted by your permit or parking in violation of posted event parking restrictions. Between seven a.m. and six p.m. on weekdays, vehicles must park only in the areas specified by their permit.

University events sometimes require the exclusive use of parking areas. These areas will be posted at least seventy-two hours in advance of the event. Cars parked in these areas after the time specified will be cited. All cars must be removed from all sections of the Millett parking lot on the dates of all home football games.

Restricted area is a permit violation.

(D) Illegal use of permit: three hundred dollars

Any of the following is a violation:

(1) Reproduction of a permit;

(2) Altering a permit;

(3) Student use of a permit issued to or designated for issue to a visitor, faculty or staff member, or graduate assistant;

(4) More than one vehicle registered to a permit parked on campus at the same time. Each vehicle is in violation and is subject to citation.

Illegal use of permit is a permit violation.

(E) Overtime at pay-to-park: fine ten dollars

Vehicles may park in spaces controlled by kiosks or the passport app for the duration of time purchased. No parking permit is required. Unless otherwise posted, pay-to-park fees must be paid when parking between the hours of seven a.m. and ten p.m., seven days a week, except when the university is officially closed. This applies only to pay-to-park areas; all other parking and permit restrictions are in effect at all times.

Additional time may not be purchased for Miami pay-to-park areas. The driver must move the vehicle to another zone after the time purchased has expired or risk citation.

University parking facilities that require a fee for use by the hour or by the event require payment at all times. Failure to pay for time parked in a facility that requires a fee is a violation.

Overtime in a pay-to-park area is a parking/standing violation.

(F) Overtime in a timed zone or ev charging space: fine twenty-five dollars

Exceeding posted time limits in a timed lot or parking in a space dedicated to electronic vehicle charging longer than posted limits.

Overtime in a timed zone is a parking/standing violation.

(G) Parking where signs prohibit: fine seventy-five dollars

Parking where signs prohibit parking, standing, or stopping.

Parking where signs prohibit is a parking/standing violation.

(H) Outside designated space: fine seventy-five dollars

More than one vehicle in one designated space, parking in two or more spaces, or creating a space where none exists.

Outside designated space is a parking/standing violation.

(I) Parking in a loading zone/service drive: fine seventy-five dollars

Parking in loading or service areas where signs prohibit parking.

Parking in loading zone/service drive is a parking/standing violation.

(J) Yellow zone: fine seventy-five dollars

Parking or standing in an area where curbs or pavement is painted yellow, regardless of whether "no parking" or signs are posted.

Yellow zone is a parking/standing violation.

(K) Parking on sidewalk or grass: fine seventy-five dollars

Parking on sidewalk or grass is a parking/standing violation.

(L) Handicap parking violation: fine two hunred fifty-five dollars

A vehicle parked within a marked disability parking space must display a valid state-issued disability placard and have a Miami university parking permit when parked on campus.

Failure to display a valid state-issued disability placard is a parking/standing violation.

(M) Immobilization/imoundment: fine two hundred dollar

(1) Excessive parking violations

(a) Any combination of five violations beginning July first of each year even if all fines have been paid, and the vehicle is parked in violation at time of immobilization or,

(b) Any combination of five violations beginning July first of each year and the fines are unpaid, even if the vehicle is not in violation at the time of the immobilization.

(2) A violation of paragraph (D) of this rule and parked in violation at time of immobilization.

(3) Unauthorized removal or damage of an immobilization device. The car is subject to immobilization or impoundment until the device is accounted for or recovered.

(4) After ten days of immobilization, or less if deemed a safety hazard by university police, a vehicle will be towed and stored at the owner's expense. Immobilization fees must be paid prior to release of an impounded vehicle. The vehicle owner must pay the towing contractor directly for all fees associated with towing and storage.

(5) Vehicles which have previously been immobilized for excessive violations will be towed and stored at the owner's expense on subsequent violations. The impoundment fee must be paid prior to the release of an impounded vehicle. The vehicle owner must pay the towing contractor directly for all fees associated with towing and storage.

This immobilization/impoundment fine and any outstanding parking fines must be paid prior to the release of the vehicle. Immobilization/impoundment fees cannot be charged to a student's bursar account or payroll deducted.

Students may be referred to the office of community standards and faculty and staff members may be referred to the appropriate personnel office for repeated violations.

(N) Multiple violations

(1) A vehicle may receive a permit violation and a parking/standing violation in the same instance.

(2) Vehicles that remain parked in violation at the same location for more than three hours after being cited may be cited again.

(3) Vehicles moved to another location after being cited may be cited immediately if parked in violation.

(O) Warning citation

Parking enforcement staff may, at their discretion, issue one warning citation for a registration violation per license plate per year (July first of each year to June thirtieth of each year). Warning citations will not be counted toward citation totals for immobilization. A warning will not be issued for the following violations:

(1) Illegal use of a permit;

(2) Immobilization/impoundment;

(3) Special events (See paragraph (G) of rule 3339-18-01 of the Administrative Code).

(P) Payment of fines

Fines may be paid by:

(1) A charge through the bursar [other than fines for immobilization/impoundment];

(2) Check made payable to Miami university [include the citation number on the check to ensure proper credit]; or

(3) Valid credit card.

Payment may be sent to Miami university, office of parking and transportation services, MSC 1094, 301 South Campus avenue, Nellie Craig Walker hall, room 34, Oxford, Ohio, 45056 or may be made online through the parking services website: http://www.miamioh.edu/parking/.

Last updated September 20, 2022 at 7:01 PM

History

Effective: August 19, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-18-05 Parking appeals.

(A) Appealing a citation

Appeals on citations must be submitted online within ten calendar days of the date the citation was issued. Appeals not received within ten calendar days may not be accepted. Appeals may be sent through the parking and transportation services website: http://www.miamioh.edu/parking/.

All decisions made by the parking appeals committee are final.

Appeals must include all pertinent information and supporting documentation needed to allow the committee to make an intelligent judgment. Appeals should contain a complete and full explanation of circumstances or claim. Items that may accompany your written statement include but are not limited to pictures, statements by others, receipts and diagrams.

(B) Parking services role in the appeal process

(1) Prepares and forwards appeals to the parking appeals committee.

(2) Notifies the appellant of the committee's decision.

(3) Does not participate in committee deliberations.

(4) Answers inquiries concerning appeals.

(1) Composition: it is composed of students, faculty, and staff

(a) Student members shall be recommended by the president of associated student government.

(b) All members shall be appointed by the president of Miami university.

(2) Responsibilities

(a) Hears all appeals of parking citations issued at Miami university.

(b) Acts upon all appeals. This will be done by all attending members of the committee.

(3) Parking appeals committee chair

(a) Convenes the meetings.

(b) Attests to decisions reached.

(4) Parking appeals committee vice-chairs (there will be two student vice-chairs):

(a) Aid the chair.

(b) Convene meetings in the absence of the chair.

(D) Regulation changes

The parking appeals committees may recommend changes to this chapter for purposes of clarity, accuracy, or procedural improvement. These recommendations shall be made to the president of Miami university, via student lIfe council. Recommendations for major revisions shall remain the responsibility of student lIfe council, with members of the committee invited to participate in such discussions.

History

Effective: October 18, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-18-06 Regional campuses motor vehicle regulations.

Students, faculty, and staff must display current parking permits on their vehicles when parking on any of Miami university's campuses. Short-term temporary permits are available at the office of business services at both regional campuses.

University regulations are in effect at all times. All vehicles must be registered by the end of the first week of classes.

(A) Requirements of permit holders

(1) An applicant for a permit must present a valid operator's license at the time an application is filed. These permits will authorize holders to park in student areas on both regional campuses. All students are required to park in legal spaces.

(2) Student permit holders are issued hangtags that must be displayed from the inside rearview mirror. Hangtag permits are transferable to all vehicles owned by the permit holder. Faculty/staff permit holders are issued decals or hangtags that must be properly affixed to the vehicle. Decal permits must be permanently affixed to the inside surface of either windshield at the lower corner of the driver's side. Hangtag permits must be displayed on the rearview mirror inside the vehicle. Hangtag permits are transferable to all vehicles owned by the permit holder. Card permits must be displayed inside the front windshield.

(3) Only one permit per person is issued on the regional campuses. There is a ten dollar replacement fee for lost or stolen permits.

(B) General parking information

(1) The regional campuses have areas designated for faculty/staff, student, visitor, and the handicapped. These areas are clearly marked by signs. Vehicles shall park in designated areas consistent with permit restrictions. Parking outside permitted areas is a violation and is subject to a fine.

(2) Parking on the Oxford campus. Regional campus students that want to park on the Oxford campus must purchase a yellow permit (for Ditmer and Millett lots) or a blue permit (for campus streets and parking lots for weekdays between seven a.m. and six p.m.). Faculty, staff, and students who work or attend classes on any campus are not considered visitors to the Oxford, Hamilton or Middletown campuses.

(1) All permits are issued with the understanding that permit holders will abide by the motor vehicle regulations of the university. The following is a list of violations and respective fines:

(a) Unregistered vehicle. Fine: ten dollars.

(b) Failure to display valid permit. Fine: fifteen dollars.

(d) Blocking any access road. Fine: fifteen dollars.

(e) Parking in handicapped zone. Fine: one hundred dollars

(f) Exceeding twenty mph speed limit. Fine: thirty dollars.

(g) Hazardous operation. Fine: seventy-five dollars.

(h) Disregarding traffic control device. Fine: fifteen dollars.

(2) Repeated violations may subject the offender to immobilization of the vehicle and the loss of parking privileges on the campuses of Miami university. Fines must be paid within three working days of the issuance of the citation. All fines must be paid prior to release of an immobilized vehicle. Miami Hamilton-pay at the cashier's office in 102 Mosler hall. Miami Middletown-pay at the cashier's office in 114 Johnston hall.

(D) Appeals

Citations or penalties must be appealed in writing to the office of business services on the appropriate regional campus within three working days of the citation for consideration by the parking appeals board. All decisions of the parking appeals board are final.

History

Effective: October 18, 2019
Promulgated Under: 111.15

Ohio Adm.Code 3339-18-07 Shuttle services, charter services, and recreational vehicles.

(A) Shuttle services

Defined services which provide regular, scheduled transportation between Miami university's campus and off-campus locations (e.g., off-campus student apartments).

When and where shuttle services may pick up and discharge passengers only at identified and marked transit bus stops at the times/days approved upon registration. May not impede or block access of Butler county regional transit authority vehicles to transit stops.

Registration of shuttle services shuttle services must register with Miami university annually beginning July first of each year. To register, each shuttle service must provide an executed license agreement with Miami university which includes:

(1) Proof of insurance with Miami university listed as an additional insured party

(2) Route plan indicating the days and times of service, route, and stops

(3) Point of contact during all hours of operation

(4) Agreement that parking and transportation services will be notified as soon as practical about deviations from approved routes and times of operation

(5) Additional services for special routes (e.g., football game shuttle) must be approved in at least ten days in advance by parking and transportation services

(6) Monthly reports of ridership pickups at each stop.

Miami university reserves the right to request annual maintenance inspections, driver department of transportation physical records, drug and alcohol testing program results, and records regarding compliance with rules for hours of service.

(B) Charter services

Defined services which provide intermittent, for-hire transportation between Miami university's campus and off-campus locations; includes school groups on board-owned buses, does not include taxi services or ride-sharing services (i.e., Uber, Lyft, etc.).

When and where charter services may pick up and discharge passengers Millett hall west parking lot or recreational sports center drop off loop. No unattended vehicles at those locations; active loading and unloading only. Charter vehicles may be parked in Chestnut fields, Ditmer parking lot or Millett hall west parking lot while waiting for pickup. Other locations only by prior arrangement with parking and transportation services.

Registration of charter services must register at least one business day in advance to ensure no conflict with intended drop off/pick up location by contacting parking and transportation services.

RV camping defined overnight parking of recreational vehicles (RV), including trailers, for the purpose of providing a location for overnight lodging. This does not apply to recreational vehicles being used as a mode of transportation only.

RV parking defined temporary parking of recreational vehicles used only as transportation must have a valid parking permit and may take up no more parking spaces than required to park legally. Recreational vehicles used as transportation are subject to fees for each parking space or part thereof that is occupied. Recreational trailers detached from tow vehicles will be considered to be RV camping and may be removed at the owner's expense.

(1) When and where RVs may park on campus

(a) RV camping will only be permitted for Miami university commencement ceremonies, home football games (including those played off-site), spring showcase weekend, and spring sport alumni weekends. For home football games, spring showcase weekend, and spring sport alumni weekend RV section of Millett hall west parking lot only. For commencement ceremonies RV section of Millett hall west parking lot and Ditmer field parking lot (no hookups or services available). Registration for RV camping contact athletic ticket office for availability and payment. There are several local campgrounds and RV parks within fifteen miles of Miami university that can accommodate recreational vehicles with full hook ups.

(b) RV parking will only be permitted in the remote holding lots (Ditmer field, Chestnut fields, Millett hall west lot, Fryman gravel lot) and may not impede traffic flow.

(2) Duration of stay

(a) RV camping Maximum of fourty-eight hours in advance of event, twenty-four hours after event concludes.

(b) RV parking Maximum of ten hours, no parking between the hours of two a.m. and six a.m.

Exceptions to this rule must be arranged no less than fifteen days in advance and may only be granted by the senior vice president for finance and business services or their designee.

History

Effective: October 18, 2019
Promulgated Under: 111.15

Chapter 3339-19 Information Technology

Ohio Adm.Code 3339-19-01 Computer hardware and software acquisition.

(A) General

Provided such additions do not substantially degrade service to other users, it is the policy of Miami university to permit the acquisition of computer peripheral devices and/or software within the limits of the operating budget and/or available extramural funding; the university statement of preferred, supported, and approved manufacturers; and the capacity or security of the host computers.

For purposes of this policy, computer peripheral devices are defined as any device which contains an electronic processor and which can be linked either directly or indirectly to the Miami computing system network (mun).

Software includes general system programs and libraries, compilers, utilities, and other computer programs requiring central system support. For independently developed or acquired software, which will become an integral part of the university information processing system, a contact person in it services must consult/assist in the development to ascertain that the resulting system will be effective, meet security requirements, and can be maintained by it services should the need subsequently arise.

The implementation of this policy is the responsibility of the vice president for information technology. The information technology policy committee recommends such policies.

(B) Procedures

(1) Hardware acquisition

It is the policy of Miami university to enable the acquisition of electronic computing devices within the limits of reasonable financial, security, serviceability, and accessibility requirements to support the university's mission. We recognize the need for a balanced and educated decision regarding hardware needs to support the university while mitigating risk and providing value for the university.

For purposes of this policy: computer hardware is defined as any device that is used by or for the benefit of Miami university that is capable of running an operating system (physical or virtual), and these devices are typically managed by, and purchased with university funds.

(2) Hardware request procedures

Requests for the acquisition of hardware must be endorsed by it services to ensure technical compatibility, serviceability, accessibility, information security, and general 'fitness' for use within the Miami operating environment.

Requests for the acquisition of hardware and peripheral devices purchasing advice should be made by completing the request technology purchasing advice request form.

(3) Software acquisition

It is the policy of Miami university to permit the acquisitions of software to meet the needs of the university provided that each purchase is reviewed by the VP of it or designees for overall usage regarding; legal, licensing, deployment tracking, accessibility, security, and overall fitness for use within the Miami it operating environment.

For purposes of this policy; software is defined as any programmatic code-based application (on-premise, vendor-hosted, cloud-based services), program, libraries, compilers, utilities, or any other variant of code-based technology.

Miami faculty and staff that wish to obtain software for university usage are required to engage directly with the Miami it services purchases team by completing the purchase software or obtain a quote request form. This applies to all software, immaterial of cost, including zero cost (free), educational use, general public use, or any other legal definition that is used within the normal course of university operations and includes all instructional and general use by the university not previously defined.

The implementation of this policy is the responsibility of the vice president for information technology. The information technology policy committee recommends such policies.

(4) Software request procedures

Requests for the acquisition of software must be endorsed by it services to ensure technical compatibility, serviceability, accessibility, information security, and general 'fitness' for use within the Miami operating environment.

Requests for software applications shall be made by completing the purchase software or obtain a quote request form.

Requests shall include documentation as to technical specifications, pricing, proposed use, benefits, security, accessibility review, expected utilization, and anticipated measurable outcomes for the benefit of the university.

(5) Enforcement

In addition to obtaining endorsement for all Miami university it acquisitions, systems, and users must comply with the Miami university responsible use of university computing resources policy including noted enforcement and sanction actions.

Last updated October 3, 2022 at 8:56 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-19-06 Telecommunications.

Telephone services provided by Miami university are for university business. University telephone services are not to be used to support private business practices. Personal long distance calls may not be charged to university accounts.

(A) Policy on use of cellular telephones and photographic imaging devices

(1) Classrooms/exams. Faculty may ban the use of cellular telephones and other communication and storage devices during class periods and/or exam periods. This policy is not meant to conflict with reasonable accommodations for students with disabilities.

(2) Automobiles/dangerous equipment. Cellular telephones should not be used in a manner that interferes with the safe operation of a state-owned vehicle or a personal vehicle on university business. Cellular telephones may not be used by anyone operating dangerous equipment while working for the university.

(3) Restrooms/locker rooms. Due to privacy reasons, taking photographic images of any kind, by means of any device, without permission is prohibited in restrooms and locker rooms. Facilities' managers have the right to ban, by posting appropriate signs, possession of cellular telephones and/or devices with photographic imaging capability from public restrooms and public locker rooms.

(B) Policy on cellular telephone service

(1) The university does not provide employees with mobile devices and/or cellular service used at any time for personal communications. Cellular service includes both voice and data services, regardless of the mobile device used (e.g., cell phone, ipad). Employees will be responsible for the purchase of mobile devices and payment of cellular services.

(a) Cellular service stipend. The university will provide to eligible employees a monthly cellular service stipend to partially offset the expense of personal cellular service for university activity. The university will establish the amount of the cellular service stipends for the coming fiscal year and any change in the amount will be announced at least ninety days prior to the effective date of the change. Employees may be eligible for a voice-only or a voice and data stipend. The stipend will be included in the employee's paycheck and is taxable to the employee.

A cellular service stipend may be provided to an employee upon the written approval of his/her department head and may be provided for the following reasons:

(i) The employee travels frequently on university business;

(ii) The employee has duties that require him/her to be out of the office on a regular basis;

(iii) The employee must be accessible to the university in the event of an emergency; or

(iv) The employee has a job function that requires off-site internet access.

(b) University-owned devices and/or university-paid cellular service

(i) A university-owned device and/or university-paid cellular service may be provided to an employee, in lieu of a cellular service stipend, upon the written approval of a vice president or the president when the following conditions are met:

(a) The device and/or cellular service are essential to the employee's ability to perform his or her duties; and

(b) The device and/or cellular service are used exclusively for university business. Department heads are expected to periodically review authorizations for employee cellular service stipends and/or employee use of a university-owned device and/or university-paid cellular service. Cellular service stipends and cellular devices and services may be withdrawn by the university at any time and for any reason.

(i) Miami employees may purchase mobile devices and/or cellular service through mitech. Mitech has negotiated several favorable mobile device pricing and cellular service options with national service providers for employees in need of cellular devices and/or cellular service. Employees may obtain assistance with their personal cellular needs from the staff of the mitech cellular or visit http://www.mubookstore.miamioh.edu/site_cellular.asp to review available options.

(d) Data and email storage on mobile devices

(i) Employees who use their mobile devices to access Miami email must configure the mobile device to ensure that any email messages sent/received on the device will be retained on Miami's email servers. Employees who use their mobile device to access confidential Miami data must configure the device to meet the university's mobile device security standards. IT services will configure each covered employee's Miami-provided email account to automatically push the security standards to the employee's device(s), and the employee is responsible for contacting it services to resolve any technical issues that prevent the security standards from being successfully applied to the device(s). Upon retirement or separation from employment, employees must ensure that all Miami data is removed from the mobile device.

Employees should conduct all university-related email using their Miami-provided email account. It is also the responsibility of any employee receiving a mobile stipend or university-paid cellular service to ensure that any records, as defined in Miami's records retention policy are maintained in accordance with that policy. These records are university-owned records, may be subject to the Ohio Public Records Act, and the employee may be required to produce them for inspection and copying. If your mobile device contains files and/or information that qualify as university records, it is your responsibility to maintain those records in accordance with the university's records retention policy and to produce them upon request.

Last updated October 3, 2022 at 8:57 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-19-08 Accessible technology policy.

(A) Purpose:

Miami university is committed to providing equal opportunity for qualified individuals with disabilities to participate in, and benefit from, Miami university's services, programs, and activities. The purpose of this rule is to acknowledge that Miami university's commitment to equal opportunity for qualified individuals with disabilities includes services, programs, and activities that Miami university delivers through web-based, digital, and emerging technologies.

(B) Definitions:

"Equally effective alternate access," with respect to electronic and information technology, means an alternative format, medium, or other aid that timely and accurately communicates the same content as does the original format or medium, and which is appropriate to an individual's disability. To provide equally effective alternate access, Miami university shall provide appropriate auxiliary aids and services as necessary to afford individuals with disabilities an equal opportunity to obtain the same result, gain the same benefit, or reach the same level of achievement, in the most integrated setting appropriate to their needs, but Miami university need not ensure that qualified individuals with disabilities achieve the identical result or level of achievement as individuals without disabilities. Nothing in this rule requires Miami university to take any action that results in a fundamental alteration in the nature of a service, program, or activity or undue financial and administrative burden. Miami university will, nevertheless ensure, to the maximum extent possible, that qualified students with disabilities receive the benefits or services provided by Miami university.

"Fundamental alteration" means a change to a service, program, or activity that fundamentally alters the nature of the service, program, or activity, which includes academic courses or technology. While not required under this policy to undertake actions that would constitute a fundamental alteration to a service, program, or activity, Miami university will take any other action that would not result in such an alteration, but would nevertheless ensure that, to the maximum extent possible, qualified individuals with disabilities receive the benefits or services provided by Miami university.

"Legacy pages" means web pages created and published before January 2012.

"Timely" and "timeliness" mean access in sufficient time for the person with the disability to have an equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as persons without disabilities.

Web content accessibility guidelines ("WCAG") refers to standards for web content accessibility that have been developed by the world wide web consortium ("W3C"), an international community where member organizations, a full-time staff, and the public work together to develop web standards. For purposes of this rule, Miami university utilizes wcag version 2.0, level aa when determining web content accessibility.

(1) Web content

Beginning December 14, 2016, all new and redeveloped web pages, web applications, and web content, created by Miami university, on websites and subdomains used for Miami' university's academic divisions, academic departments, and administrative offices shall conform to wcag 2.0 aa. A listing of covered websites can be found at https://miamioh.edu/accessmu/. In addition, for all websites and subdomains used for Miami university's academic divisions, academic departments, and administrative offices, all web pages, web applications, and web content that were created and published on or after January 2012 shall be made to conform to wcag 2.0 aa by June 2018. Legacy pages shall be made accessible upon request of a qualified student with a disability. Exceptions to these requirements for certain types of content may be found at https://miamioh.edu/accessmu/. Any requests for exceptions for specific content should be directed to the accessible technology coordinator.

(2) Textbook and course material accessibility

Miami university will provide individuals with disabilities who register with student disability services (sds) equally effective communication of curricular materials (e.g., textbooks, workbooks, articles, compilations, presentations, collaborative assignments, videos, and images or graphical materials) converted to alternate formats (see procedures for requesting alternative format materials at https://miamioh.edu/student-life/sds/student-tools/accommodation-procedures/accessible-course-materials/index.html). In selecting texts and book-length course materials, including any supplementary digital applications or content provided by the publishers of such texts and book-length course materials, Miami university academic departments will consider the availability of materials in accessible electronic formats, such as: the daisy consortium's digital accessible information system "DAISY" standard and the international digital publishing forum's epub3 specification for digital publication and documents; wcag 2.0 aa and the w3c's web accessibility initiative accessible rich internet applications suite ("WAI-ARIA") 1.0 for web content; the w3c's authoring tool accessibility guidelines ("ATAG") 2.0 for web authoring tools; the w3c's guidance on applying wcag 2.0 to non-web information and communications technologies ("WCAG2ICT") and section 508-1194.21 for non-web software and content; the w3c's mathematical markup language ("MathML") 3.0 for materials incorporating digital mathematical and scientific notation; the braille authority of north America's ("BANA") guidelines and standards for tactile graphics (2010) and the bana guidelines for the production of braille materials through the use of braille production software (2007) for hard copy braille; and any successors to these standards.

(3) Student organization websites

The websites, web pages, and web applications (e.g., "The Hub,") that Miami university provides for use by student organizations that have registered with Miami university shall conform with wcag 2.0 aa, and shall not block or interfere with any accessibility features in content uploaded by student organization content providers. These websites, web pages, and web applications shall employ templates with fields designed to assist content providers with producing and uploading wcag 2.0 aa-conforming content, and Miami university will provide other tools and resources to assist student organization content providers with producing and uploading wcag 2.0 aa-conforming content.

(4) Procurement

All web technology or software that Miami university procures for use by its students shall conform to the relevant accessibility standards (a listing of relevant standards can be found at https://miamioh.edu/accessmu/) as long as the technology is commercially available and its purchase does not result in undue financial and administrative burdens or a fundamental alteration. If a product is available and meets some, but not all, of the relevant accessibility standards, Miami university will procure the product that best meets the standard, unless its purchase would result in undue financial and administrative burdens or a fundamental alteration, or unless an exception applies pursuant to Miami university's accessible technology procurement policy. The accessmu website, https://miamioh.edu/accessmu/ website contains a listing of exceptions. Exceptions can only be granted by the procurement review committee.

(5) Links to additional resources

Grievance process: Students who believe they have been denied appropriate disability-related accommodations, including appropriate auxiliary aids and services, may file a grievance with Miami university's student disability services or with Miami university's office of equity and equal opportunity: grievance procedures.

Inaccessible digital file conversion submission page: Qualified individuals with disabilities who are students, staff, or applicants for admission to Miami university may submit or upload for Miami's remediation inaccessible documents, images, and multimedia: created by Miami university and published on its websites, or sent to or received at a Miami university email address, or posted to a Miami website (such as the hub https://muhub.campuslabs.com/engage/), by Miami university students or staff in connection with curricular activities, student government, major student publications (Miami Student, Miami Quarterly, and UP Magazine), student organizations that have registered with Miami university, residential life activities (e.g., dorm movie nights) sponsored or organized by Miami's Residence Hall Association, student participation in or attendance at campus theatrical and musical performances, student participation in or attendance at campus art shows, or student participation in or attendance at recreational events and activities (e.g., intramural sports). Remediation may be requested using the inaccessible digital file conversion submission page.

Qualified individuals with disabilities who are former students of Miami university may submit or upload for Miami university's remediation inaccessible files (e.g., documents, images, and multimedia) on websites that Miami university directs former students to use for completion of critical or important functions (e.g., websites used for obtaining transcripts).

Miami university generally will remediate inaccessible files within three business days of submission or upload. If remediation cannot be accomplished within this time frame, Miami university will advise the submitting individual of the steps it will take to remediate the file, as well as the time frame it anticipates it will need to complete the remediation.

History

Effective: December 29, 2017
Promulgated Under: 111.15

Chapter 3339-20 Civil Service Appointments

Ohio Adm.Code 3339-20-03 Miami university satss and afscme classification series.

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

History

Effective: December 25, 2016
Promulgated Under: 111.15

Ohio Adm.Code 3339-20-04 Job classifications.

Pay Zone Ranges

| Pay Zones | Minimum | Market reference point a | Market reference point b | Maximum | | --- | --- | --- | --- | --- | | E2 | $13.00 | $13.70 | $14.70 | $18.10 | | F1 | $14.00 | $14.65 | $15.75 | $19.60 | | F2 | $14.65 | $15.55 | $16.70 | $20.65 | | G1 | $15.40 | $16.15 | $17.70 | $22.20 | | G1-M2 | $16.40 | $17.85 | $19.30 | - | | G2 | $16.90 | $17.80 | $19.30 | $23.75 | | G2-M2 | $19.20 | $21.00 | $22.80 | - | | G2-M3 | $26.00 | $28.50 | $30.95 | - | | H1 | $17.70 | $18.55 | $20.05 | $24.70 | | H1-M1 | $19.20 | $21.00 | $22.80 | - | | H1-M2 | $22.75 | $24.90 | $27.00 | - | | H2 | $18.40 | $19.30 | $20.80 | $30.10 | | H2-M1 | $21.10 | $23.10 | $25.10 | - | | H2-M2 | $23.75 | $24.75 | $27.80 | - |

| Pay zones | Job code | Functional title | Classification series | Employee group | Special market position | | --- | --- | --- | --- | --- | --- | | E2 | CA185-1002 | Assistant Cook | Food Service | AFSCME | - | | E2 | CS150-0006 | Cashier | Cashier | SATSS | - | | E2 | CA170-1002 | Food Service Assistant | Food Service | AFSCME | - | | E2 | CS155-0016 | Laboratory Assistant | Laboratory | SATSS | - | | E2 | CS75-0037 | Program Aide | Usher | SATSS | - | | E2 | CA160-1006 | Sales Clerk | Sales | AFSCME | - | | E2 | CA175-1001 | Building and Grounds Assistant | Building and Grounds | AFSCME | - | | E2 | CS160-0008 | Clerical Assistant | Clerical Assistant | SATSS | - | | E2 | CS232-0014 | Horse Groom | Groom | SATSS | - | | E2 | CS105-0025 | Parking Technician | Parking | SATSS | - | | E2 | CS250-0008 | Senior Clerical Assistant | Clerical Assistant | SATSS | - | | E2 | CA165-1008 | Supplies Assistant | Supplies | AFSCME | - | | E2 | CS165-0034 | Telephone Operator | Telephone Services | SATSS | - | | F1 | CA220-1002 | Cook | Food Service | AFSCME | - | | F1 | CA290-1002 | Senior Food Service Assistant | Food Service | AFSCME | - | | F1 | CS335-0002 | Accounting Assistant | Accounting/Book Keeping | SATSS | - | | F1 | CA345-1001 | Building and Grounds Technician | Building and Grounds | AFSCME | - | | F1 | CS345-0010 | Customer Services Assistant | Customer Service | SATSS | - | | F1 | CS350-0017 | Library Assistant | Library Support | SATSS | - | | F1 | CA240-1003 | Maintenance /Repair Technician | Maintenance | AFSCME | - | | F1 | CA330-1004 | Materials Handling Technician | Materials Handling | AFSCME | - | | F1 | CS360-0003 | Program Assistant | Administrative /Program Support | SATSS | - | | F1 | CA280-1001 | Senior Building and Grounds Assistant | Building and Grounds | AFSCME | - | | F1 | CS372-0032 | Student Services Assistant | Student Services | SATSS | - | | F1 | CA250-1010 | Transportation /Delivery Assistant | Transportation | AFSCME | - | | F2 | CA340-1001 | Building and Grounds Coordinator | Building and Grounds | AFSCME | - | | F2 | CA360-1002 | Senior Cook | Food Service | AFSCME | - | | F2 | CS400-0010 | Customer Services Coordinator | Customer Service | SATSS | - | | F2 | CS325-0011 | Emergency Dispatcher | Emergency Dispatch | SATSS | Yes | | F2 | CA350-1002 | Food Service Operations Coordinator | Food Service | AFSCME | - | | F2 | CS330-0016 | Laboratory Coordinator | Laboratory | SATSS | - | | F2 | CS365-0002 | Purchasing Assistant | Accounting /Bookkeeping | SATSS | - | | F2 | CS393-0002 | Senior Accounting Assistant | Accounting /Bookkeeping | SATSS | - | | F2 | CS378-0017 | Senior Library Assistant | Library Support | SATSS | - | | F2 | CA325-1003 | Senior Maintenance /Repair Technician | Maintenance | AFSCME | - | | F2 | CS405-0003 | Senior Program Assistant | Administrative /Program Support | SATSS | - | | F2 | CA355-1009 | Trades Assistant | Trades | AFSCME | - | | F2 | CA335-1010 | Transportation /Delivery Spec | Transportation | AFSCME | - | | G1 | CS375-0011 | Senior Emergency Dispatcher | Emergency Dispatch | SATSS | Yes | | G1 | CS407-0032 | Senior Student Services Assistant | Student Services | SATSS | - | | G1 | CS410-0033 | Technical Services Associate | Technical Services | SATSS | - | | G1 | CS470-0002 | Accounting Technician | Accounting /Bookkeeping | SATSS | - | | G1 | CS472-0032 | Student Services Technician | Student Services | SATSS | - | | G1 | CS464-0015 | Assistant Greenhouse Supervisor | Horticulture | SATSS | - | | G1 | CA435-1001 | Building and Grounds Spec | Building and Grounds | AFSCME | - | | G1 | CA385-1002 | Food Production Leader | Food Service | AFSCME | - | | G1 | CS455-1002 | Food Service Specialist | Food Service | SATSS | - | | G1 | CS420-0017 | Library Technician | Library Support | SATSS | - | | G1 | CA380-1003 | Maintenance /Repair Specialist | Maintenance | AFSCME | - | | G1 | CS380-0021 | Medical Laboratory Technician | Medical Support | SATSS | - | | G1 | CS425-0026 | Personnel Technician | Personnel /Human Resources | SATSS | - | | G1 | CS475-0003 | Program Associate | Administrative/Program Support | SATSS | - | | G1 | CS435-0016 | Science Stores Specialist | Laboratory | SATSS | - | | G1 | CS333-0016 | Senior Laboratory Coordinator | Laboratory | SATSS | - | | G1-M2 | CA445-1009 | Trade Specialist (AQT Electrician, Electronics, Elevator, Plumber) | Trades | AFSCME | Yes | | G1-M2 | CA445-1009 | Trades Specialist | Trades | AFSCME | Yes | | G2 | CS545-0003 | Administrative Assistant | Administrative /Program Support | SATSS | - | | G2 | CS550-0010 | Customer Services Specialist | Customer Service | SATSS | - | | G2 | CS465-0015 | Horticulturist | Horticulture | SATSS | - | | G2 | CS430-0019 | Maintenance /Repair Supervisor | Maintenance Supervisor /Management | SATSS | - | | G2 | CS505-0002 | Senior Accounting Technician | Accounting /Bookkeeping | SATSS | - | | G2 | CA510-1001 | Senior Building and Grounds Spec | Building and Grounds | AFSCME | - | | G2 | CS555-0017 | Senior Library Technician | Library Support | SATSS | - | | G2 | CA430-1003 | Senior Maintenance /Repair Spec | Maintenance | AFSCME | - | | G2 | CS543-0026 | Senior Personnel Technician | Personnel /Human Resources | SATSS | - | | G2 | CS525-0016 | Senior Science Stores Specialist | Laboratory | SATSS | - | | G2 | CS557-0032 | Senior Student Services Technician | Student Services | SATSS | - | | G2 | CS480-0033 | Technical Services Specialist | Technical Services | SATSS | - | | G2-M1 | CA514-1009 | Master Trades Specialist | Trades | AFSCME | Yes | | G2-M1 | CA450-1011 | Utility Systems Maintenance Specialist | Utilities | AFSCME | Yes | | G2-M2 | CA514-1009 | Master Trade Specialist (AQT Electrician, Electronics, Elevator, Plumber) | Trades | AFSCME | Yes | | G2-M2 | CS445-0024 | Nurse | Nursing | SATSS | Yes | | G2-M3 | CA514-1009 | Master Trade Specialist (Electrician Lineman) | Trades | AFSCME | Yes | | H1 | CS460-0012 | Food Service Supervisor | Food Service Management | SATSS | - | | H1 | CS559-0002 | Accounting Associate | Accounting /Bookkeeping | SATSS | - | | H1 | CS605-0003 | Administrative Associate | Administrative /Program Support | SATSS | - | | H1 | CS610-0004 | Bookstore Manager | Bookstore Management | SATSS | - | | H1 | CS595-0012 | Food Service Manager | Food Service Management | SATSS | - | | H1 | CS600-0017 | Library Associate | Library Support | SATSS | - | | H1 | CS500-0023 | Network Infrastructure Technician | Network Infrastructure | SATSS | - | | H1 | CS590-0026 | Personnel Associate | Personnel /Human Resources | SATSS | - | | H1 | CS540-0005 | Senior Building and Grounds Supervisor | Building & Grounds Supervisor /Management | SATSS | - | | H1 | CS575-0033 | Senior Technical Services Spec | Technical Services | SATSS | - | | H1 | CS617-0032 | Student Services Associate | Student Services | SATSS | - | | H1-M1 | CS432-0019 | Maintenance Planning Spec | Maintenance Supervisor /Management | SATSS | Yes | | H1-M2 | CA505-1007 | Stationary Engineer | Stationary Engineer | AFSCME | Yes | | H2-M1 | CS660-0035 | Assistant Manager Trades Shop | Trades Management | SATSS | Yes | | H2 | CS620-0005 | Building and Grounds Manager | Building & Grounds Supervisor /Management | SATSS | - | | H2 | CS645-0028 | Physical Facilities Manager | Physical Facilities Management | SATSS | - | | H2 | CS665-0003 | Senior Administrative Associate | Administrative /Program Support | SATSS | - | | H2 | CS655-0005 | Senior Building and Grounds Manager | Building & Grounds Supervisor /Management | SATSS | - | | H2 | CS662-0032 | Senior Student Services Associate | Student Services | SATSS | - | | H2-M2 | CS615-0031 | Stationary Engineer Supervisor | Stationary Engineer Supervisor | SATSS | - | | H2 | CS630-0033 | Technical Services Manager | Technical Services | SATSS | Yes |

Job descriptions are available on the department of human resources website: https://miamioh.edu/human-resources/managers/classified-pay-grades/index.html.

History

Effective: June 1, 2020
Promulgated Under: 111.15

Ohio Adm.Code 3339-20-05 Miami university classification and pay program policies and procedures.

(A) Classification plan

The university shall establish, and may modify or rescind, a job classification and pay plan for all positions in the classified civil service at Miami university. The university shall group jobs within a classification so that the positions are similar enough in duties and responsibilities to be described by the same title, to have the same pay assigned, and to have the same level of qualifications for selection applied. In some cases, the physical requirements for a classification may vary based upon the essential duties assigned within the work unit.

Classification titles are assigned to each classification within the classification plan, but specific positions may be assigned parenthetical titles to further describe the types of duties performed. The university shall describe the duties and responsibilities of the class, establish the qualifications for being employed in each position in the class, and file with the state a copy of specifications for all of the classifications. The university shall file new, additional, or revised specifications with the state.

(B) Pay zones

The university shall assign each classification to a pay zone based upon the type of duties performed. Classifications that have a similar level of responsibility and qualifications will be placed within the same pay zone. The university shall establish a minimum, maximum and market reference points for each pay zone. In cases where unusual market conditions exist causing excessive turnover and/or failure to attract qualified candidates, the university may establish special market ranges for those specific classifications.

An employee's total rate of pay shall comprise of two components, base pay and premium pay. Premium pay is established through the employee's participation in the university's job enrichment program. Base pay is the rate of pay that excludes any premiums. Employees are paid the combination of base and premium for all hours reported. Employees retain premium pay at the same level should the employee accept a demotion, promotion, lateral more or lateral transfer. Premium pay shall not be included in determining if an employee is at the pay zone minimum or maximum.

(D) Hiring rates

Reflects the salary which an incumbent is provided upon entering the job, influenced by range widths and the fact that wider ranges require more latitude.

(1) External candidates

A newly hired employee's base rate shall normally be set at the minimum of the pay zone. In cases where circumstances necessitate, a starting base rate may be greater than the minimum, but not exceed market reference point b. Criteria for determining when such an exception, known as zone penetration, may be made must be documented and shall include one or more of the following: qualifications of the candidate, number of qualified applicants identified, cost and length of time associated with the recruiting campaign, and/or the pay relationship to other employees within the job class or comparable job class who possess similar qualifications.

Starting rates above the minimum, but not exceeding market reference point A shall be subject to department head approval. Starting rates exceeding market reference point A shall be subject to vice president (or designee) level approval.

(E) Hiring rates reemployment

A non-probationary classified employee who resigns or retires from the university and is reemployed into the same classification within one year from the date of such resignation or retirement, shall receive the same base rate and premium rate of pay at the time of resignation or retirement. If an employee is reemployed within a one year into a difference classification, the employee shall be treated as a newly hired employee for pay purposes, except that the employee shall retain the premium pay. Employees who are rehired after one year shall be treated as new hired employees for pay purposes, except that the employees will retain their premium pay if rehired within two years.

(F) Hiring rates reinstatement

An employee who has been reinstated after being laid off or displaced as a result of reduction in force, shall receive the same base rate and premium rate of pay at the time of his/her layoff. Any general pay increases that occurred during the layoff period will be applied to the employee's base rate.

(G) Upward movement (promotional Increases)

In cases where an internal candidate receives a promotion either through the job audit or hiring process, the base rate shall be adjusted upward by 4% or to the minimum of the new zone, whichever is greater; for each succeeding zone movement thereafter, the base salary shall be increased by an additional two per cent or minimum of the new zone, whichever is greater.

Where an internal candidate receives a promotion through the hiring process, a starting base rate may be greater than the typical promotional rate, but not exceed market reference point b. Criteria for determining when such an exceptions, known as zone penetration, may be made must be documented and shall include one or more of the following: qualifications of the candidate, number of qualified applicants identified, cost and length of time associated with the recruiting campaign, and/or the pay relationship to other employees within the job class or comparable job class who possess similar qualifications.

(H) Lateral moves/transfers

Employees accepting lateral moves or transfers will retain their current base rate of pay and are not eligible for a pay increase. In cases where an employee accepts a lateral move into a classification that is in a special market range, the employee may receive an increase to the minimum should the base rate be lower than the established special market pay minimum.

In cases where an employee accepts a lateral move from a position that is not in a special market range to one that is in a special market range, the hiring department may elect to offer an increase in keeping with promotional increases, subject to vice president (or designee) level approval. In cases where an employee accepts a lateral move from a position that is in a special market range to one that has a higher special market range, the hiring department may elect to offer an increase in keeping with promotional increases, subject to vice president (or designee) level approval.

(I) Downward movement (demotions)

In cases where an internal candidate takes a demotion, the base rate shall be decreased by four per cent for the first zone and for each succeeding zone movement thereafter, the base salary shall be decreased by an additional two per cent. In no case shall the employee's base rate of pay fall below the established minimum for the pay zone.

(J) Special market adjustments

Refers to a special premium which is established for a particular job title when unusual market conditions exist causing excessive turnover, rates significantly below the market average, and/or failure of current pay to attract qualified candidates.

The pay zone minimums, market reference points and maximums shall be moved upward based upon the evaluation performed by human resources.

In cases where special market ranges are developed, the university may adjust the base rates of current employees to maintain internal equity. In no cases shall the base rate of incumbents fall below the minimum of the special market range.

(K) Temporary working level pay adjustment

Where a vacancy exists due to a resignation or extended leave of absence and an employee at a lower pay zone is temporarily assigned the duties of vacancy position for a continuous period in excess of three weeks, the employee may receive a temporary working level pay adjustment. The base rate shall be adjusted upward by four per cent or to the minimum of the new zone, whichever is greater; for each succeeding zone movement thereafter, the base salary shall be increased by an additional two per cent or minimum of the new zone, whichever is greater. Temporary working level pay adjustments may not exceed a two year time frame. The employee is not eligible to receive additional bonuses in addition to the temporary work level pay adjustment.

(L) Pay below the minimum

In no cases shall an employee's base rate of pay be set below the established minimum for the pay zone.

(M) Proficiency movement

For incumbents obtaining a special certification, licensure or designation that exceeds the minimum requirements of the classification, the base pay may be increased by up to two per cent if not covered under an established job enrichment program. In order for this type of adjustment to be granted, the licensure, certification or designation that the individual wishes to pursue must be pre-approved by departmental management and recognized by the incumbent's professional group as applicable and relevant to the job and/or of value to the unit, department or division. If the special certification, licensure, or designation is not maintained, the base pay shall be decreased by as much as two per cent, not to exceed the amount of the original proficiency movement increase.

For incumbents performing special duties that are clearly outside of those assigned to other individuals within the classification, but do not warrant an upgrade, the current base pay may be increased by up to two per cent. For an action of this type to occur, the duties must be non-typical for the classification, readily identifiable, and performed with a degree of on-going regularity. If the incumbent no longer performs the duties the special duties for which they received the proficiency movement increase, the base pay shall be decreased by as much as two per cent, not to exceed the amount of the original proficiency movement increase.

(N) Longevity pay

Employees who have completed at least five years of service with Miami university on or before December first, qualify to participate in the longevity bonus program. Longevity pay is not a guarantee and the amount of the lump sum payment will vary from year to year based upon the ability of the university to make such payment. An employee must be in active pay status December first in order to be eligible for the payment. The longevity payment is earned in the pay week including December first.

(O) Annual pay increases

The university shall determine the amounts of and ability to grant annual pay increases. Although pay increases are generally granted during the first pay period that includes July first, the university may elect to grant increases in a differing time frame and frequency based upon business needs. General increases may be awarded to all employees in the SATSS group who have given satisfactory performance. SATSS employees with documented performance reports may not receive the general pay increase, at the request of their supervisor, and the approval of human resources.

Increases are applied to the base rate and do not impact the job enrichment premium. In cases where an incumbent's base rate exceeds the maximum, the employee is ineligible for an annual pay increase. In lieu of an increase, the employee will receive a bonus payment that is equivalent to sixty per cent of what the raise would have been based upon their full-time equivalency (FTE).

In cases where applying the entire annual increase would result in the base pay exceeding the maximum, the incumbent will receive a partial increase to the maximum. In lieu of the full increase, the employee will receive a bonus payment that is equivalent to sixty per cent of what the remainder of the raise would have been based upon their full-time equivalency (FTE).

The university may elect to pay the bonus in one or several installments. An employee must be in active pay status when the bonus is issued in order to be eligible for the payment. The bonus payment is earned in the first week of the pay period in which the bonus is issued.

(P) Job audits

A job audit is the formal review of the current duties and responsibilities assigned to a position to ensure that the position is in the appropriate pay zone and job title.

Audits are conducted by the department of human resources based on a request from the department or the non-probationary employee. The audit request shall include the name of the employee whose position is to be audited, the name of the employee's immediate supervisor and a current position description reflecting the duties currently being performed by the employee.

If the supervisor did not review the request prior to submission, the department of human resources will forward the form. The supervisor has five working days to complete his/her review and return the job analysis questionnaire to human resources. If the supervisor does not complete his or her review within five working days, human resources will continue with the audit process.

An on-site audit may be conducted in person or by video conference. At the time of an on-site audit, the employee, the employee's immediate supervisor, and other persons as deemed by human resources necessary shall be interviewed. If any party refuses to attend on-site audit interviews human resources shall render a decision based on the information and documentation submitted.

Position audits shall examine the duties currently performed. The audit report reflects duties at the time of the audit and shall reflect any change in duties if such has occurred since the date of the audit request. Duties performed while assigned in a temporary work level shall not be considered for the purposes of a position audit.

A position audit shall be deemed completed when human resources sends written notification of the results to the employee. If it is determined through the audit process the employee is misclassified, the university may either discontinue assigning the employee the duties and responsibilities found not to be inherent in his/her current classification, or may choose to reclassify the position determined appropriate by the audit process. If the position is reclassified to a position in a higher pay grade, any changes to the salary must first be recommended by human resources with the authorization from the president, vice president or appropriate designee.

Whenever a position is reclassified, human resources shall give to the affected employee a written notice setting forth the proposed new classification and changes to pay. The effective date of such change shall be the first day of the pay period following human resources' receipt of the audit request.

The decision rendered may be appealed to the department of human resource by the employee. The appeal must be submitted in writing within thirty calendar days of the date of determination by human resources. The department of human resources will conduct a second audit and render a determination. The results of the appeal are final.

Last updated November 3, 2023 at 7:48 AM

History

Effective: November 3, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3339-20-06 Recruitment, selection, and appointment.

(A) Civil service appointments

No person shall be appointed, transferred, laid off, reinstated, or promoted, as an employee in the classified civil service at Miami university, in any manner or by any means other than those prescribed in the rules herein. Persons who receive intermittent or student employee appointments are in the unclassified civil service.

(B) Requisition to fill a vacancy

Whenever a vacancy in the classified service is to be filled, the head of a department, office, or hiring unit, in which a position in the classified service is to be filled, shall notify the university's authorized appointing authority (herein university) and identify the position to be filled and stating the class title, location, and number of positions to be filled, and also whether the position is to be filled on a full- or part-time basis.

(1) Vacancies in positions in the classified service shall be filled insofar as practicable by competitive selection. The university may provide that vacancies in positions in the classified civil service shall be filled by promotion in cases when the university determines it is in its best interests to do so.

(2) For classifications where an examination is required, all examinations for promotions shall be competitive and may be conducted in the same manner as examinations described herein. Where an examination is not required, the university's authorized appointing authority shall prepare an eligibility list of the persons who applied by the deadline, meet the minimum qualifications and are eligible.

(3) In all cases where vacancies are to be filled by promotion, the university's authorized appointing authority shall forward to the hiring unit the names and applications of the candidates who applied by the deadline, meet the minimum qualifications and are eligible. Only candidates who meet the minimum qualifications for the position may be considered.

(D) Waiver of competitive selection process

(1) Positions in the classified service may be filled without competitive selection as follows:

(a) Temporary appointments.

Except as otherwise provided herein, the temporary appointment may not continue longer than one year, and in no case shall successive temporary appointments be made. A temporary appointment longer than one year may be made if necessary by reason of sickness, disability, or other approved leave of absence of regular employees, in which case it may continue during the period of sickness, disability, or other approved leave of absence.

The acceptance or refusal by an eligible person of a temporary appointment shall not affect the person's standing on the eligibility list for permanent appointment, nor shall the period of temporary service be counted as a part of the probationary service in case of subsequent appointment to a permanent position.

(b) In case of a vacancy in a position in the classified service where peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character are required, and upon satisfactory evidence that for specified reasons competition in this special case is impracticable and that the position can best be filled by a selection of some designated person of high and recognized attainments in those qualities, the university may suspend the provisions of the rules herein that require competition in this special case, but no suspension shall be general in its application.

An employee holding a position in the classified service who has been separated from the service without delinquency or misconduct on the person's part, having served the required probationary period, may be reinstated by the university's authorized appointing authority within one year from the date of that separation to a vacancy in a similar position in the same classification. An employee that is reinstated from resignation following a break in service shall be given an appointment date based on the date of reinstatement.

(d) Transfer.

A person holding a position in the classified service may be transferred to a similar position in the same office or department another or office or department having the same pay and similar duties, but no transfer shall be made as follows:

(i) From a position in one classification to a position in another classification where the individual does not meet the minimum qualifications;

(ii) To an office or position for original entrance to which there is required an examination involving essential tests or qualifications or carrying a salary different from or higher than those required for original entrance to an office or position held by the person proposed to be transferred.

(iii) No person in the classified civil service may be transferred without the consent of the university's authorized appointing authority.

(E) Notice of vacancies

Notice of vacancies to be filled by competitive selection shall be posted in conspicuous places such as an employment website, job posting bulletin boards and university personnel offices. The vacancy announcment must include the minimum qualifications for the open position.

(F) Formal application

(1) The university shall require persons applying for an original appointment to file with the university, prior to the application deadline, a formal application, in which the applicant shall state the applicant's name, address, and such other information as may reasonably be required concerning the applicant's education, training and experience. No inquiry shall be made as to religious or political affiliations or as to racial or ethnic origin of the applicant, except as necessary to gather equal employment opportunity or other statistics as required by law.

(2) Applications shall be furnished without charge to any person requesting the same. The university may require in connection with such application such certificate of persons having knowledge of the applicant as the good of the service demands. The university may refuse to appoint or examine an applicant, or, after an examination, refuse to certify the applicant as eligible, who is found to lack any of the established minimum qualifications for the examination or position, who is addicted to the habitual use of intoxicating liquors or drugs to excess, who has a pattern of poor work habits and performance with previous employers, who has been convicted of a felony, who has been guilty of infamous or notoriously disgraceful conduct, who has been dismissed from either branch of the civil service for delinquency or misconduct, or who has made false statements of any material fact, or practiced, or attempted to practice, any deception or fraud in the application or examination, in establishing eligibility, or securing an appointment.

(3) Information showing that an applicant meets all of the minimum qualifications as stated on a vacancy announcement must appear on the application or supporting documentation.

(4) Failure of an applicant to indicate the qualifications as to experience or any other requirements described in the vacancy announcement will be considered sufficient cause to exclude an applicant from consideration for employment. An applicant may correct an incomplete application as long as any necessary corrections are made prior to the filing deadline for the vacancy.

(5) An applicant who has filed an application for a vacancy may be permitted to change the application for another vacancy if he or she possesses the proper qualifications for which applications are being received, provided such change shall be requested prior to the filing deadline for the vacancy.

(6) Fraudulent conduct or false statements by the applicant, or by others with his connivance, in any application or examination, shall be deemed cause for exclusion of said applicant from any examination, or for removal of his name from the eligibility list, or for discharge from the service after appointment from certification, provided that the name of no person shall be removed from an eligibility list, nor shall any person be dismissed from the service under this section, without having an opportunity to be heard in his own behalf. Where an applicant is excluded from an examination or his name is removed from the eligibility list under this rule, he shall be heard by the university. If he is to be discharged from service following appointment, the procedure established in section 124.34 Revised Code, shall be followed.

(7) Employees with performance improvement plans (pips) may not apply nor be considered for any positions for the duration of the plan and six months after successful completion of the plan.

(8) Unless authorized by the university's appointing authority, employees with performance improvement plans (pips) may not apply nor be considered for any positions for the duration of the plan and six months after successful completion of the plan.

(G) Examinations and requirements

Rules establishing educational requirements as a condition of taking a civil service examination shall only be adopted with respect to positions for which educational requirements are expressly imposed by law or for which the university determines that the educational requirements are job-related.

(H) Examinations

(1) All applicants for positions and places in the classified service may be subject to examination. The university shall determine the classifications for which examinations are appropriate.

(2) Any examination administered under this rule shall be public and be open to all. Any person who has completed service in the uniformed services, who has been honorably discharged from the uniformed services or transferred to the reserve with evidence of satisfactory service, and any member of the national guard or a reserve component of the armed forces of the United States who has completed more than one hundred eighty days of active duty service pursuant to an executive order of the president of the United States or an act of the congress of the United States may file with the university a certificate of service or honorable discharge, and, upon this filing, the person shall receive additional credit of twenty per cent of the person's total grade given in the regular examination in which the person receives a passing grade.

As used in this rule, "service in the uniformed services" and "uniformed services" have the same meanings as in the Uniformed Services Employment and Reemployment Rights Act, 108 Stat. 3149 (1994), 38 U.S.C.A. 4303.

(3) An examination may include an evaluation of such factors as education, training, capacity, knowledge, manual dexterity, and physical or psychological fitness. An examination may consist of one or more tests in any combination. Tests may be written, oral, physical, demonstration of skill, or an evaluation of training and experiences and shall be designed to fairly test the relative capacity of the persons examined to discharge the particular duties of the position for which appointment is sought. Tests may include structured interviews, assessment centers, work simulations, examinations of knowledge, skills, and abilities, and any other acceptable testing methods. If minimum or maximum requirements are established for any examination, they shall be specified in the examination announcement.

(4) No questions in any examination shall relate to political or religious opinions or affiliations. No credit for seniority, efficiency, or any other reason shall be added to an applicant's examination grade unless the applicant achieves at least the minimum passing grade on the examination without counting that extra credit.

(5) Reasonable notice shall be given of the time, place, and general scope of every competitive examination for appointment to a position in the civil service. Notice shall be posted in conspicuous public place by the university at least five working days prior to any examination being given.

(6) The university shall prescribe the subjects of each examination and the relative weights to be attached thereto, provided that any such determination must have been adopted prior to the date of publication of the examination announcement. Reasonable accommodations may be made for the testing of physically and mentally-impaired individuals in accordance with the Americans with Disabilities Act.

(7) Any required examinations shall comply with the Americans With Disabilities Act and other applicable laws regarding disability.

(8) The university shall determine a passing point for each examination based on the difficulty of that examination and other relevant data. When a passing point is determined, it shall be made a matter of permanent record. The university shall require a qualifying grade for any or all parts of an examination providing notice of such requirement is given in the general instructions accompanying the examination. The university shall prescribe that all examinations shall be in compliance with federal selection guidelines and professional standards.

(I) Special examinations for individuals with disabilities

Miami university does not discriminate against a qualified individual with a disability because of the disability with regard to job application or hiring, employee compensation, job training or other terms, conditions, and privileges of employment.

A qualified individual with a disability is one who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. A disabled employee or potential employee who requests reasonable accommodation shall identify the specific job requirement that he or she believes should be modified through reasonable accommodation. Miami university will provide necessary reasonable accommodation if it can do so without undue hardship on the operation of Miami university.

(J) Examination guidelines

(1) Notice requirements for examinations. Notice of examinations shall be posted in conspicuous places such as an employment website, job posting bulletin boards and university personnel offices.

(2) Admitting applicants to examinations. No applicant shall be admitted to any written examination more than thirty minutes after the advertised time for beginning such examination. Applicants who are late arriving for skills or interview examinations will be scheduled for the next available session.

(3) Extension of time in examinations. No applicant in any examination shall be given a longer time on any subject than prescribed by the university. The university may establish separate time limits for the individual accommodation of disabled applicants.

(4) Visitors at examinations. No visitor shall be admitted to the examination room during any examination except by special permission of the examiner in charge. Applicants may not place or accept phone calls or electronic communications during the examination.

(5) Inspection of papers. Any competitor shall have the right at any time within the period of ten days after receiving notice of examination grade to request, in writing, a review of his or her own papers to learn the markings given on each subject or question and to submit in writing for the university's consideration, any objection or protest he or she may wish to make concerning the grades given. No objection or protest concerning an examination, not submitted in writing, shall be considered unless it relates to the conduct of examiners, the securing of unlawful assistance by a competitor, or such other circumstances in connection with an examination as would call for an investigation on the part of the university, and which would require that the information submitted be given in confidence. An applicant who exercises the right to inspect his or her examination papers shall not be permitted to again take an examination for the same classification within a four-month period following the inspection, unless an alternate form of examination is given. Inspection shall not be permitted of standardized tests prepared by experts outside the state service, where such inspection would tend to reduce the validity of test results.

(6) Changing of grades. No grades given in any examination shall be changed after the posting of an eligibility list, except after the consideration of reasons submitted in writing by the competitor objecting and report thereon by the university's properly authorized examiners; provided that the university may correct clerical errors of examiners or employees at any time before the cancellation of such lists.

(7) Postponement or cancellation of examinations. Examinations, unless canceled or postponed, must be held upon dates fixed by the university. A scheduled examination may be canceled or postponed by order of the university, for adequate reason. Reasonable efforts shall be made to notify each approved applicant of cancellation or postponement.

(8) Credit for military service. When proper proof of military service, as noted herein, is presented to the university and the applicant, being otherwise eligible, has received a passing grade in any examination for original appointment, he or she shall be granted additional credit of twenty per cent of such grade, thereby receiving a final grade of twenty per cent higher in view of the above-mentioned service. The applicant must submit proof of honorable discharge or honorable separation from active military service prior to the posting of an eligibility list.

(9) Repeating examinations. An applicant who has competed in a civil service examination may not repeat that examination or take an examination for the same classification within four months from the date of original examination, unless an alternative form of examination is given, or unless other standards are specified in the examination announcement, provided that the university's designated appointing authority may waive in writing this rule upon written request from an applicant stating substantial reasons for granting such waiver.

(10) Release time for examinations. University employees shall be allowed necessary time off without loss of pay to compete in any civil service examination conducted by the university.

(11) Character and fitness of applicant. Satisfactory information produced at any time to the university, either before or after examination, that an applicant has committed acts which demonstrate character traits which would be detrimental to successful performance of the employment sought, or of the applicant's dismissal for good cause from any branch of public service, or of his or her conviction of a job related felony or has an established pattern of poor work habits and performance with previous employers, shall be sufficient to exclude the applicant from examination, or to remove the applicant's name from any eligibility list, providing such person shall be notified as to the reason and shall be given an opportunity for a review by the university. All documentation submitted by applicants or references as to character and fitness shall be subject to investigation by the university.

(K) Medical or psychological examination as a requirement for appointment to the classified service

(1) Medical examination defined. For purposes of this rule, a "medical examination" is an evaluation by a licensed practitioner of an applicant's physiological or psychological condition as it relates to employment in the classification being considered.

(2) Licensed practitioner defined. For purposes of this rule, a "licensed practitioner" is a physician, psychiatrist, psychologist, or other appropriately licensed mental health professional such as a licensed professional clinical counselor or a licensed independent social worker who is licensed to perform the appropriate examination.

(3) When a medical or psychological examination is required by the university such requirement shall be published in the examination or vacancy announcement and shall comply with the Americans With Disabilities Act and other applicable laws regarding disability.

(L) Appointments from eligibility lists

(1) The head of a department, office, or hiring unit, in which a position in the classified service is to be filled, shall notify the university of the fact, and the university shall, except as otherwise provided in these rules, forward the names and applications of the candidates who completed the application process by the deadline, who meet the minimum qualifications, and who are eligible.

(2) The office of equity and equal opportunity (OEEO) will provide to the hiring department an applicant flow data report of qualified applicants for the position. The report indicates the composition of the pool of qualified applicants. It is the responsibility of the hiring department to contact oeeo to obtain the report prior to selecting candidates for interview. If oeeo determines the candidate pool is not acceptable, then in consultation with the department of human resources and hiring department a determination will be made whether to conduct additional recruitment or close the search. If additional recruitment is undertaken, the hiring departments must request an updated applicant flow data report prior to interviewing candidates. Once the applicant pool is approved by oeeo, the hiring unit shall review the applications and select for interview the applicants who best meet the qualifications for the position.

(3) When an examination is not required, the university shall prepare an eligibility list of the persons who completed the application process by the deadline, who meet the minimum qualifications, and who are eligible.

(4) From the returns of the examinations, the university shall prepare an eligibility list of the persons whose general average standing upon examinations for the grade or class is not less than the minimum, and who are otherwise eligible. Those persons shall take rank upon the eligibility list as candidates in the order of their relative excellence as determined by the examination without reference to priority of the time of examination. If two or more applicants receive the same mark in an open competitive examination, priority in the time of filing the application shall determine the order in which their names shall be placed on the eligibility list, except that applicants eligible for veteran's preference shall receive priority in rank on the eligibility list over nonveterans on the list with a rating equal to that of the veteran. Ties among veterans shall be decided by priority of filing the application. If two or more applicants receive the same mark on a promotional examination, seniority shall determine the order in which their names shall be placed on the eligibility list. The term of eligibility of each list shall be fixed by the university at not more than one year.

(M) Recommendation to hire

(1) The hiring department shall recommend to the university the name of the candidate to whom an offer of employment should be extended. If there are multiple vacancies, the hiring department may recommend multiple candidates for consideration. Only the university's authorized appointing authority may extend an offer of appointment.

(2) When an applicant whose name has been included on an eligibility list indicates not being interested in the position, or declines an offer of appointment if one is made, the individual's name shall be removed from the eligibility list, subject to the following qualifications:

(a) If the applicant's decision is based on military service his/her name shall be restored to the list when he or she indicates their availability for consideration.

(b) An applicant whose name has been removed from a list under this rule may be restored to the list upon presentation to the University of reasons or evidence which would justify restoration to the list.

(N) Probationary periods

(1) All original appointments, promotional appointments, lateral appointments to a position in a different classification, and demotions to a position in a different job family, shall serve a fixed probationary period, as described below:

(a) Original appointment one hundred eighty day probationary period

(b) Promotional appointment one hundred twenty day probationary period

(d) Demotions to different job family ninety day probationary period

Original appointments to the police department as a police officer shall serve a probationary period of one year. No appointment or promotion is final until the appointee has satisfactorily served the probationary period.

(2) If the service of the probationary employee is unsatisfactory, the employee may be removed or reduced at any time during the probationary period. The university may remove or reduce a probationary employee. Whenever an employee is given a probationary removal or reduction, a written statement of the reasons for such action, signed by the university's authorized appointing authority, showing the respects in which the employee's service was not satisfactory, shall be given to the employee. A probationary employee duly removed or reduced in position for unsatisfactory service does not have the right to appeal the removal or reduction under section 124.34 of the Revised Code.

(3) Time spent in no-pay status shall not be counted as part of the probationary period. Probationary periods shall be extended by an equal number of days the employee spent in no-pay status.

(4) The university may, with the written consent of the employee and written approval of the employee's supervisor, extend an employee's probationary period for up to sixty days to allow additional time to review the employee's performance. A probationary period extension shall only be granted if an employee consents to the extension prior to the end of the employee's normal probationary period.

(O) Probationary period for part-time workers

Part-time employees who work a portion of each normal working day shall have their probationary period determined by the number of calendar days following appointment in the same manner as full-time employees. Part-time employees who work who work less than the normal number of working days per week shall have their probationary period determined on the basis of time actually worked as described:

(1) Five hundred hours are equivalent to a ninety-day probationary period.

(2) Six hundred seventy hours are equivalent to a one hundred twenty-day probationary period.

(3) One thousand hours are equivalent to a one hundred eighty-day probationary period.

(4) One thousand four hundred hours are equivalent to a two hundred fifty- two day probationary period.

(5) One thousand five hundred hours are equivalent to a two hundred seventy day probationary period.

(6) One thousand seven hundred hours are equivalent to a three hundred day probationary period.

(7) Two thousand hours are equivalent to a three hundred sixty five day probationary period.

(P) Seasonal positions

All positions, where the nature of the work is such that the service is limited to increments of ninety days or less and is not continuous throughout the year, and recurs in successive calendar years, shall be designated as "seasonal" positions. Any person appointed to such seasonal position who has successfully performed, and who has been temporarily separated from the service during the inactive season, shall be placed first on the hiring list for the succeeding season of employment in the same position, provided the person is not in the meantime disqualified for any cause. Any person appointed to a seasonal position, who is not assigned to work for a period of one year due to lack of work or the person's refusal of available work shall be deemed ineligible for further assignment through placement on the list.

Last updated June 20, 2023 at 9:20 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3339-20-07 Reductions in force.

(A) General authority.

Whenever a reduction in the work force is necessary, the university shall determine the classifications in which the layoffs will occur and the number of employees to be laid off within each classification.

(B) Rationale.

For the purpose of reductions in force, 'continuous Miami university service' shall begin at the original appointment date and continue until an employee quits, is discharged for cause, is laid off beyond the recall period, fails to return to work from an approved leave of absence or retires. Student employment service is excluded.

(1) Whenever it becomes necessary for the university to reduce its work force, it shall lay off employees or abolish their positions in accordance with these rules. The reasons for position abolishment and/or layoff include lack of funds, lack of work, as a result of a reorganization for the efficient operation of the university or for reasons of economy as described herein.

(2) Employees may be laid off as a result of a lack of funds.

(a) The university itself shall determine whether a lack of funds exists and shall file a statement of rationale and supporting documentation with the university's appointing authority prior to sending the layoff notice.

(b) As used in this division, a "lack of funds" means the university has a current or projected deficiency of funding to maintain current, or to sustain projected, levels of staffing and operations. This section does not require any transfer of money between funds in order to offset a deficiency or projected deficiency. Whenever a program receives funding through a grant or similar mechanism, a lack of funds shall be presumed for the positions assigned to and the employees who work under the grant or similar mechanism if, for any reason, the funding is reduced or withdrawn.

(3) Employees may be laid off as a result of lack of work.

(a) The university shall determine whether a lack of work exists and shall file a statement of rationale and supporting documentation with the university's appointing authority prior to sending the layoff notice.

(b) As used in this division, a "lack of work" means the university has a current or projected decrease in workload that requires a reduction of current or projected staffing levels in its organization or structure. The determination of a lack of work shall indicate the current or projected decrease in workload and whether the current or projected staffing levels of the university will be excessive.

(4) Employees may be laid off as a result of abolishment of positions. The university shall determine itself whether any position should be abolished. The university shall file a statement of rationale and supporting documentation with the university's appointing authority prior to sending the notice of abolishment.

(a) As used in this division, "abolishment" means the deletion of a position or positions from the organization or structure of the university.

(b) For purposes of this division, the university may abolish positions for any one or any combination of the following reasons: as a result of lack of funds, a reorganization for the efficient operation of the university, for reasons of economy, or for lack of work.

(i) Reasons of economy permitting the university to abolish a position and to lay off the holder of that position under this division shall be determined at the time the university proposes to abolish the position. The reasons of economy shall be based on the university's estimated amount of savings with respect to salary, benefits, and other matters associated with the abolishment of the position, except that the reasons of economy associated with the position's abolishment instead may be based on the university's estimated amount of savings with respect to salary and benefits only, if:

(a) Either the university's operating appropriation has been reduced by an executive or legislative action, or the university has a current or projected deficiency in funding to maintain current or projected levels of staffing and operations

(b) the university files a notice of the position's abolishment with the director of administrative services within one year of the occurrence of the applicable circumstance described in paragraph (C)(2)(a)(i) of this rule.

(ii) The following principles apply when a circumstance described in paragraph (C)(2)(a)(i) of this rule would serve to authorize the university to abolish a position and to lay off the holder of the position under this division based on the university's estimated amount of savings with respect to salary and benefits only:

(a) The position's abolishment shall be done in good faith and not as a subterfuge for discipline.

(b) If a circumstance affects a specific program only, the university only may abolish a position within that program.

(c) If a circumstance does not affect a specific program only, the university may identify a position that it considers appropriate for abolishment based on the reasons of economy.

(5) Notwithstanding any contrary provision of the displacement procedure described in this rule for employees to displace other employees during a layoff, the university may establish a paper lay-off process under which employees who are to be laid off or displaced may be required, before the date of their paper layoff, to preselect their options for displacing other employees.

Whenever a reduction in the work force is necessary, the university shall decide in which classification or classifications the layoff or layoffs will occur and the number of employees to be laid off within each affected classification.

The order of layoff in those rules shall be based in part on length of continuous Miami university service and may include efficiency in service, appointment type, or similar other factors the university considers appropriate. If the university establishes relative efficiency as a criterion to be used in determining order of layoff for employees, credit for efficiency may be for no more than ten per cent of total continuous Miami university service.

(D) Layoff order.

For the purpose of this division a full time employee is one who has an appointment of at least six months duration for at least thirty hours per week.

(1) At Miami university, employees shall be laid off in the order in this section within the primary appointment categories of part-time temporary, then full-time temporary, then part-time probationary, then part-time permanent, then full-time probationary, and then full-time permanent.

(2) Layoffs shall be based upon continuous Miami university service order beginning with the employee having the least continuous Miami university service and continuing to the employee with the most continuous Miami university service. A list will be compiled in descending order. In cases where two or more employees have identical continuous Miami university service the tie breaker shall be the lowest last four digits of the employee's social security number. Student employment is excluded.

(3) In the classification(s) selected for layoff the appointing authority shall layoff employees and employees shall displace employees using the following "order of layoff."

(a) Part-time temporary employees in the same classification.

(b) Full-time temporary employees in the same classification.

(c) Part-time probationary employees in the same classification who have not completed their probationary period or six months of continuous service in the position, whichever is longer.

(d) Part-time permanent employees in the same classification who have completed their probationary period or six months of continuous service in the position, whichever is longer.

(e) Full-time probationary employees in the same classification who have not completed their probationary period or six months of continuous service in the position, whichever is longer.

(f) Full-time permanent employees in the same classification who have completed their probationary period or six months of continuous service in the position, whichever is longer.

(E) Order of displacementgeneral.

(1) A laid-off employee has the right to displace the employee with the least continuous Miami university service in the layoff jurisdiction in the following order:

(a) Within the classification from which the employee was laid off;

(b) Within the classification series from which the employee was laid off;

If, after exercising displacement rights, an employee is subject to further layoff action, the employee's displacement rights shall be in accordance with the classification from which the employee was first laid off.

(2) Employees shall notify the university of their intention to exercise their displacement rights, within five days after receiving notice of layoff. Employees who are either offered a vacant position or can displace the employee with the least continuous Miami university service in the same classification and full-time equivalency (FTE) must accept the position or shall forfeit all recall rights. If an employee declines a position in the same classification that is in a different FTE, the employee will maintain reinstatement rights to the classification series.

(3) No employee shall displace an employee for whose position or classification there are certain position-specific minimum qualifications, as established by the university or as established by bona fide occupational qualification, unless the employee desiring to displace another employee possesses the requisite position-specific minimum qualifications for the position or classification.

(4) Displacement related to the abolishment of a position. Any displacement of an employee within the same layoff jurisdiction due to the abolishment of positions and the operation of this chapter shall not be construed to be a transfer.

(5) Rate of pay for an employee following displacement. An employee exercising displacement rights to a lower position, or an employee displaced as a result of a layoff or abolishment, shall be paid according to the university compensation plan.

(F) Order of displacement.

Laid-off employees and employees displaced as a result of a layoff who have the right to displace shall exercise their displacement rights in the following order:

(1) Displacement within the classification. An employee is to be laid off or displaced must fill an available vacancy within the layoff jurisdiction. If no vacancy exists, the employee must displace within his or her classification in the layoff jurisdiction.

(2) Displacement within the classification series. Any employee displaced by an employee possessing more continuous Miami university service shall first fill a vacancy in the next lower classification. If no vacancy exists, the displaced employee shall displace the employee with the least continuous Miami university service in the next lower classification in the same classification series. This process shall continue through successively lower classifications in the classification series, if necessary, until the employee with the least continuous Miami university service in the lowest classification of the classification series has been reached and, if necessary, laid off.

(3) Displacement rights of an employee previously displaced. If, after an employee has exercised his or her displacement rights, the employee is to be laid off or displaced due to a subsequent layoff, the employee's displacement rights shall be in accordance with the classification from which he or she was first displaced, provided however, the employee has rights to reinstatement or reemployment in his previous classification. The employee's displacement rights from a previously held classification shall exist for a one-year period beginning with the date of the original layoff or displacement or until such time as the employee is removed from a layoff list.

(G) Continuous service and efficiencygeneral.

(1) Miami university will use continuous service with the university.

(2) An employee's length of continuous Miami university service will be carried from one layoff jurisdiction to another so long as no break in service occurs between transfers or appointments.

(3) If two or more employees have an identical continuous Miami university service, the tiebreaker will be the employee with the lowest last four digits of the social security number.

(H) Verification of continuous service.

(1) General. Employees shall be laid off using the following process for systematic consideration of continuous service. For the purpose of reductions in force, 'continuous Miami university service' shall begin at the original appointment date and continue until an employee quits, is discharged for cause, is laid off beyond the recall period, fails to return to work from an approved leave of absence or retires. Student employment service is excluded.

(2) Computation of continuous Miami university service. The university shall compute the total continuous Miami university service for each employee in the classifications affected by a layoff or position abolishment, including the classifications in which displacement may occur. A break in service as defined above will re-start the employee's continuous Miami university service.

(3) Movement into and out of affected classifications. Once the university has created the list of length of continuous Miami university service and employees, the university may not hire into or move employees into or out of affected classifications by means of promotions, intra-transfers, voluntary demotions, position control number change, lateral or classification changes, or reassignments.

(4) ) Notice of layoff, displacement, and sick leave conversion forms. A copy of the notice of layoff or displacement to employees shall be forwarded to the director resulting from a layoff.

(I) Layoff jurisdictions.

(1) The order of layoff and displacement shall apply within layoff jurisdictions. Each of the layoff jurisdictions, as defined in this section, is autonomous, and layoff and displacement, procedures shall apply only within the jurisdiction affected by the layoff.

(2) The layoff jurisdictions are as follows:

(a) Oxford campus, academic affairs

(b) Oxford campus, student affairs

(d) Oxford campus, it services

(e) Oxford campus, university advancement

(f) Oxford campus, president's office

(g) Oxford campus, enrollment management and student success

(h) Oxford campus, university communications and marketing

(i) Middletown regional campus

(j) Hamilton regional campus and voice of America center

(3) The layoff jurisdiction described in paragraph (D)(6) of this rule shall not apply to employees who:

(a) Are laid off for a temporary period of up to one hundred ten consecutive days; or

(b) Have specialized skills, knowledge, or training necessary for the performance of their job.

(J) Notification of layoff or displacement

(1) Notification of layoff or displacement. Each employee to be laid off shall be given advance written notice by the appointing authority after the employee's length of continuous Miami university service has been calculated. Such written notice shall be hand-delivered to the employee or mailed by certified mail to the employee's last known address on file with the appointing authority. If hand-delivered, such notice shall be given at least ten calendar days before the effective date of layoff or displacement and the day of hand-delivery shall be the first day of the ten-day period. If mailed, such notice shall be mailed at least fourteen calendar days before the effective date of the layoff or displacement. The day the letter is mailed shall be the first day of the fourteen-day period.

(2) Content of layoff or displacement notice. Each notice of layoff or displacement shall contain the following information:

(a) The reason for layoff or displacement;

(b) The effective date of the layoff or displacement;

(d) The right of the employee to appeal a layoff or displacement to the state personnel board of review and that the appeal must be filed or postmarked within ten calendar days after the employee is notified that he or she is to be laid off or displaced;

(e) A statement advising the employee of the right to displace another employee in the classification series and that the employee must exercise displacement rights within five calendar days of the date the employee is notified of the displacement or layoff;

(f) A statement advising the employee of the right to reinstatement;

(g) A statement that, upon request by the employee, the university will make available a copy of these rules;

(h) A statement that the employee is responsible for maintaining a current address with the university;

(i) A statement that the employee may have the option to convert accrued unused leave.

(K) Layoff listsreinstatement.

(1) Employees who have been laid off or have, by virtue of exercising their displacement rights, been displaced to a lower classification in their classification series, shall be placed on appropriate layoff lists. Those employees with the most continuous Miami university service within each category of order of layoff, as established in this rule, shall be placed at the top of the layoff list to be followed by employees ranked in descending order of continuous Miami university service. Laid-off employees shall be placed on layoff lists for each classification in the classification series equal to or lower than the classification in which the employee was employed at the time of layoff. At the time of lay off, employees must select a recall option based on a campus location(s).

(2) An employee who is laid off retains reinstatement rights at the university. Reinstatement rights continue for one year from the date of layoff. During this one-year period, if a layoff list exists, the university shall not hire or promote anyone into a position within that classification until all laid-off persons on a layoff list for that classification who are qualified to perform the duties of the position are reinstated or decline the position when it is offered.

During this time, the university shall send to the hiring department the names of the five persons having the longest continuous Miami university service for the appropriate layoff list for the classification. Such process for the filling of vacancies shall continue until no persons remain on the appropriate lay off list for the one-year period.

(3) Any employee accepting or declining reinstatement to the same classification and same FTE from which the employee was laid off or displaced shall be removed from the appointing authority's layoff list. If an employee declines a position to the same classification and a different FTE, the employee will maintain reinstatement rights for his/her original FTE.

(4) An employee who does not exercise the option to displace under these rules shall only be entitled to reinstatement in the classification from which the employee was displaced or laid off.

(5) Except as otherwise provided in this division, an employee who declines reinstatement to a classification lower in the classification series than the classification from which the employee was laid off or displaced, thereafter is only entitled to reinstatement to a classification higher, up to and including the classification from which the employee was laid off or displaced, in the classification series than the classification that was declined. This division does not apply when an employee, who was a full-time employee at the time of layoff or displacement, declines reinstatement in a part-time position.

(6) Any employee reinstated under this section shall not serve a probationary period upon reinstatement or reemployment, except that an employee laid off during an original or promotional probationary period shall begin a new probationary period.

(L) Appeal rightsgeneral.

A classified employee may appeal a layoff, or a displacement that is the result of a layoff, to the state personnel board of review. The appeal shall be filed or postmarked no later than ten days after receipt of the layoff notice or after the date the employee is displaced. An employee shall be considered displaced the date the employee is notified that another employee has exercised his or her right to displace the employee from the employee's position. In cases involving the laying off of classified employees, the affected employee or the university may appeal the decision of the state personnel board of review to the court of common pleas in accordance with section 119.12 of the Revised Code.

Last updated October 3, 2022 at 8:57 AM

History

Effective: October 1, 2022
Promulgated Under: 111.15

Ohio Adm.Code 3339-20-08 Holidays, standard work week, overtime pay, and compensatory time.

(A) Definitions.

For the purposes of this rule only, full-time employee is defined as one whose regularly scheduled hours of duty total forty in a work week. Part-time employee is defined as one whose regular scheduled hours of duty is less than forty in a work week.

(B) Holidays.

University holidays shall be as follows: New Year's day, Martin Luther King Jr. day, President's day, Memorial day, Juneteenth, Independence day, Labor day, Columbus day, Veterans day, Thanksgiving day, Christmas day and any day appointed and recommended by the governor of Ohio or the president of the United States. Employees shall be paid for these holidays as specified in the rules herein.

The university may elect to observe the following holidays on days other than observed by the rest of the state: President's day, Columbus day, and Veterans day. If any of the holidays declared in this rule falls on Saturday or Sunday, the university shall designate either the preceding Friday or the following Monday as the day that the holiday is observed.

When an employee works on the day observed as a holiday, the employee shall be entitled to pay for such time worked at one and one-half times the employee's regular rate of pay in addition to the employee's holiday pay, or to be granted compensatory time off at time and one-half thereafter, at the employee's option. Payment at such rate shall be excluded in the calculation of hours in active pay status for the purposes of calculating overtime.

Except as noted in the rule herein, a full-time employee is entitled to eight hours of pay for each holiday regardless of the employee's work shift and work schedule. Part-time employees shall receive holiday pay for the hours they normally would have been scheduled to work.

An employee who is scheduled to work on a holiday and who does not report to work the day before, the day of, or the day after the holiday due to an unexcused absence, shall not receive holiday pay as provided in the rule herein.

An employee also shall not be paid for a holiday unless the employee was in active pay status on the scheduled work day immediately preceding the holiday, except that an employee need not be in active pay status on that work day in order to be paid for the holiday if the employee is on furlough. An appointment into the classified service may not be made effective on a holiday unless the employee is scheduled to work on that day.

An employee may be required to work on a holiday if there is a business necessity. Since many important religious observances occur on days not designated as legal holidays, the university will reasonably accommodate requests for leaves of absence or vacation expressly for the purpose of engaging in religious observances.

An employee who reasonably believes that s/he was wrongfully denied a request for time off for religious observances must contact the department of human resources for resolution at least seven calendar days before the religious observance.

The standard work week will begin on Saturday and end on Friday. When any classified employee who is in active pay status more than forty hours in any work week, the employee shall be compensated for such time over forty hours, except as otherwise provided in this section, at one and one-half times the employee's regular rate of pay. Overtime will be calculated in compliance with the Fair Labor Standards Act. Such compensation for overtime work is normally paid at the conclusion of the pay period.

All overtime work must be pre-authorized. Employees who work over time without prior authorization from their supervisor may be subject to disciplinary action up to and including dismissal. Employees may be exempted from the payment of compensation as required by this section only under the criteria for exemption from the payment of overtime compensation established in the Federal Fair Labor Standards Act.

(D) Compensatory time.

If the employee elects to take compensatory time off in lieu of overtime pay for any overtime worked, such compensatory time shall be granted on a time and one-half basis. Employees may use compensatory time off at a time mutually convenient to the employee and the university. Compensatory time is not available for use until the week following being earned.

An employee may accrue compensatory time to a maximum of two hundred forty hours, except that public safety employees and other employees who meet the criteria established in the Federal Fair Labor Standards Act may accrue a maximum of four hundred eighty hours of compensatory time. An employee shall be paid at the employee's regular rate of pay for any hours of compensatory time accrued in excess of these maximum amounts or if a change in the employee's status exempts the employee from the payment of overtime compensation. Upon the termination of employment, any employee with accrued but unused compensatory time shall be paid for that time at a rate that is the greater of the employee's final regular rate of pay or the employee's average regular rate of pay during the employee's last three years of employment with the state.

Last updated June 20, 2023 at 9:20 AM

History

Effective: June 19, 2023
Promulgated Under: 111.15

Ohio Adm.Code 3339-20-10 Discipline.

(A) Grounds for discipline

Employees may be disciplined for just and proper cause to include incompetency, inefficiency, unsatisfactory performance, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of any policy or work rule of the employee's appointing authority, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony.

Any employee in the classified service who is absent from duty habitually or for three or more successive duty days, without leave and without approval by the employee's supervisor or the department of human resources for such absence may be subject to removal for neglect of duty.

This rule does not require the university to initiate disciplinary action if it is determined to be unwarranted nor does it preclude discipline or termination for a shorter period of absence if the absence is of sufficient seriousness.

Possible disciplinary actions are as follows, but not limited to: spoken reprimand, written reprimand, suspension with pay, suspension without pay, reduction of pay, demotion to next lower classification, or dismissal. The appropriate action in each individual case will be selected based upon the relevant facts, history, and/or circumstances. Similarly, whether progressive discipline is appropriate, as opposed to immediate imposition of a greater penalty, will depend upon the relevant facts, history, and/or circumstances.

The denial of a one-time pay supplement, annual increase, or a bonus is not a reduction in pay for purposes of this rule. A voluntary written agreement by an employee to accept a demotion or reduction shall be considered a satisfactory basis for such action in the absence of evidence to the contrary and is not subject to the rules herein. The salary of an employee following demotion shall be set in accordance with the pay plan. This section does not apply to any modifications or reductions in pay or work week authorized in other Miami university rules.

Conviction of a felony is a separate basis for discipline in accordance with section 124.34 of the Revised Code.

(B) Pre-disciplinary process

Before a non-probationary employee is reduced in pay or position, fined, suspended, or removed, or have the employee's longevity reduced or eliminated, s/he shall be entitled to a hearing before an administrative hearing officer appointed by the university's associate vice president of human resources. The employee will be advised of his/her right to such hearing at the time s/he is presented with the notice of proposed discipline setting forth the charges and the proposed disciple. Such charges may be for a series of events or for a single event. The notice of proposed discipline must include information regarding the basis for discipline in sufficient detail to disclose the reasons and basis for the proposed discipline and a statement that the employee is presumed not responsible until a final determination has been made at the conclusion of the disciplinary process. The notice of proposed discipline must also include:

(1) A statement that the employee may be accompanied by an advisor of their choice throughout the hearing process;

(2) A statement that the complainant (if a party as set forth below) and employee may request to inspect and review evidence prior to the hearing;

(3) A statement that knowingly making false statements or knowingly submitting false information during the hearing is prohibited and may serve as grounds for disciplinary action.

(4) The proposed discipline;

(5) The date, time, and location of the hearing. Any party may seek a temporary delay of the hearing for good cause. Good cause includes, the unavailability of a party, a party's advisor or a witness; concurrent law enforcement activity; or the need for language assistance or disability accommodation.

The parties to the disciplinary proceeding are the employee and the university's representative. In matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking, the complainant (alleged victim) is also a party to the proceeding and shall have all the rights of a party, including without limitation the right to cross examine witnesses through an advisor and a right to appeal the determination by the hearing officer.

The pre-disciplinary administrative hearing will be scheduled no sooner than ten business days from the receipt of the notice of proposed discipline and the hearing officer will render his/her decision within ten business days of the hearing. The decision of the hearing officer shall be final unless an appeal is filed by one of the parties within seven business days of the party's receipt of the decision as set forth in the appeal process in paragraph (D) of this rule.

An employee may waive his/her right to a predisciplinary administrative hearing by signing a written waiver any time prior to the scheduled hearing. Once such waiver is filed, the waiver is irrevocable and disciplinary action may be taken by the university.

Whether or not a predisciplinary hearing is conducted, any employee who is reduced in pay or position, fined, suspended, or removed, or have his/her longevity reduced or eliminated, shall be notified, in writing, of such action. Such written notice shall be delivered to the employee by hand or mailed to the employee's last known home address by certified United States mail prior to discipline being imposed and shall state the reasons for the action. The written notification must include information regarding the employee's appeal rights where applicable.

An interim suspension may be imposed by the associate vice president of human resources before the disciplinary procedures described in this rule are initiated or resolved. During an interim suspension, the employee is relieved of all employment responsibilities; the employee may be prohibited from all or any portion of university premises, university-related activities, or be permitted to remain only under specific conditions prior to the conclusion of the disciplinary process. An interim suspension will be with compensation until the disciplinary procedures are completed.

(1) Hearings are designed to provide a prompt, fair, and impartial resolution regarding the disciplinary matter. The hearing will be held before a designated impartial hearing officer. The hearing officer will determine the order of proceedings and other matters pertinent to the conduct of the hearing. The university may elect to have legal counsel present to advise the hearing officer.

(2) The hearing may be conducted with all parties physically present or at the university's discretion any and all parties and witnesses may appear at the hearing virtually with technology enabling participants to simultaneously see and hear each other. Except in matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking, the failure of the charged employee to appear at the scheduled pre-disciplinary administrative hearing shall automatically waive the right to such hearing. In such event, disciplinary action may be taken by the university.

(3) The employee and any complainant may be represented, at their own expense, by legal counsel or other advisor. The university may elect to provide legal counsel to the university's representative.

(4) The parties shall submit a list of witnesses and copies of proposed exhibits to the hearing officer three working days before the scheduled hearing, with copies to the other parties. The hearing officer may notify all parties in writing before the hearing whether any of the submitted documentary evidence requires the presence of the document's author or other witness for cross examination at the hearing in order to be considered. Likewise, any party may call this issue to the attention of the hearing officer by submitting a written objection to the hearing officer, with copies to the other parties. Failure of the hearing officer or of a party to do so, however, does not prevent a challenge to the admissibility of such evidence at the hearing.

(5) The hearing officer has the authority to determine the relevance and admissibility of testimony and other evidence presented during the hearing and may place time limitations on opening and closing statements. Credibility determinations of parties and witnesses will not be made based on the person's status within the university or at the hearing. The disciplinary process does not require any party to disclose legally privileged information, unless the person holding the privilege has waived it.

(6) The university may accommodate concerns for personal safety, well-being and/or concerns regarding confrontation among the complainant, the employee and other witnesses by providing separate facilities, by using a visual screen or permitting participation by closed circuit tv, video conferencing or other means.

(7) The university will make a record of the hearing and it will be made available to the parties.

(8) Parties have the right to submit relevant evidence and cross-examine adverse witnesses. In matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking cross examination may only be conducted by advisors. The university will provide an advisor to any party who has not selected his or her own for the purpose of conducting the cross examination at the hearing. With the consent of the complainant, the university representative may act as advisor for both the university and the complainant.

(9) In matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking, the advisor must appear at the hearing to ask questions on behalf of the accused employee, even if the employee fails to appear. The hearing officer may not rely on any statements or other information related to the accused employee if the accused employees fails to appear or participate in the hearing to answer questions. The hearing officer may not use the lack of the accused employee's participation as a factor in making determinations of responsibility.

(10) Witnesses, other than the accused employee, the complainant and the university representative, will ordinarily be present only while testifying. Each party is responsible for securing the attendance of witnesses whose testimony will be offered by such party.

(11) The standard of review used to determine responsibility is a "preponderance" standard. This determination is based on whether the greater weight of the evidence proves the allegations of misconduct.

(12) The hearing officer shall, objectively evaluate all relevant evidence, including both those that tend to prove the allegations or absolve the employee within ten business days from the close of the hearing, issue a written decision. The hearing officer will not draw any inferences based solely on a party's or witness's absence from the live hearing or refusal to answer cross examination or other questions.

(13) The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rests on Miami university and not on the parties. Privileged medical and treatment records may only be accessed, considered, disclosed or otherwise used by Miami university with a party's written consent to do so.

(14) The parties will be simultaneously notified, in writing, of the outcome of the disciplinary proceedings including the result of any initial, interim and final decision, the procedures for appeal and any change to the results. This notification includes whether the respondent was found responsible, and if so, the sanction(s) imposed and the rationale as well as any remedies offered to the complainant in matters involving sexual harassment, sexual misconduct, domestic violence, dating violence or stalking.

(D) Appeals

Each party has the right to file a written appeal with the human resources department within seven business days of the written decision by the hearing officer. The appeal should be addressed to associate vice president for human resources.

All parties will be notified if an appeal is filed and will have seven calendar days to submit a written response to the appeal. Copies of the statements of appeal and any responses will be made available to all parties.

Appeals may be filed for one or more of the following reasons:

(1) Inappropriate sanction.

(2) Procedural irregularity in the adjudication of the case. In considering appeals based on a procedural defect, a new hearing will be ordered only if the irregularity is found to be substantial enough to have changed the outcome of the original hearing.

(3) New evidence that was not reasonably available at the time of the decision. In considering appeals based on new evidence, a new hearing will be ordered only if the new evidence is found to be substantial enough to have changed the outcome of the original hearing.

(4) Bias of the hearing officer.

(E) Determining merit

If the sanction is found to be inappropriate, the sanction may be increased or reduced on appeal.

If it is determined that there was a defect in procedure, new evidence or bias in a hearing officer and if it is determined to be sufficiently substantial to have affected the outcome, a new hearing will be ordered.

(F) Decision

The decision to sustain the finding of the hearing officer or change a sanction is final.

Further appeal rights to the state personnel board of review.

In decisions resulting in a reduction, a suspension of more than twenty-four work hours, a fine of more than twenty-four hours' pay, or removal (except for the reduction or removal of a probationary employee), the employee will have the right to file an additional appeal with the state personnel board of review.

Within ten business days following the date on which the written notification of discipline is served, except as otherwise provided herein, the employee may file an appeal of the order in writing with the state personnel board of review. For purposes of this rule, the date on which the written notification is served is the date of hand delivery of the written notice or the date of delivery of the written notice by certified United States mail, whichever occurs first. If an appeal is filed, the remainder of the process will be followed as outlined in the applicable sections of Ohio Revised Code.

(G) No contact directive

The director of human resources may direct an employee to have no contact with another employee or student for a specified period. No contact directives are issued when there is reason to believe that a directive would be in the best interest of the parties and/or the community for maintaining safety. Such situations include, but are not limited to: harassment, threats, physical assault, stalking, domestic violence, dating violence, sexual misconduct, retaliation or other threatening behaviors. No contact directives will typically be issued as mutual and time-limited, meaning all parties involved are subject to the same restrictions for a specified period of time. No contact directives prohibit all forms of communication between designated individuals; direct or indirect, written, electronic, through a third party, or social media. Should any employee fail to comply with a no contact directive, they may be subject to disciplinary action for violating the no contact directive.

No contact directives are distinct and different from court-imposed restraining orders or protective orders. A no contact directive is a university action and is not recognized by city, county or state law as a legal action. If a person wishes to pursue a civil protection order, they must make the request through an appropriate court.

A no contact directive may be requested in writing at any time through the office of human resources. Modification requests will be considered when submitted through the office of human resources and accompanied by evidence to support the request.

(H) General matters

The university is deeply committed to maintaining a disciplinary process that protects the rights of the accuser, the accused, and the institution. The university reserves the right to supplement or alter these disciplinary procedures any time it deems appropriate, with appropriate notice to all parties involved, to protect the constitutional rights of those involved or to comply with state and/or federal law. In particular, the university notes that it may well be necessary to supplement and/or alter these procedures in cases involving alleged sexual harassment, sexual violence, domestic violence, dating violence, and stalking in order to comply with Title IX and the Violence Against Women Act.

Last updated October 6, 2025 at 7:56 AM

History

Effective: October 3, 2025
Promulgated Under: 111.15