Ohio Administrative Code 3361:20 — University of Cincinnati | Business and Finance

agency-3361-20Ohio Adm.Code 3361:20Regulation

Chapter 3361:20-1 Accounting

Ohio Adm.Code 3361:20-1-01 Accounting: departmental accounts.

Any departmental funds collected as fees or fines or for any reason whatsoever shall be administered through the business appropriate centralized university finance office. No departmental funds of any nature shall be carried in bank accounts that have not been authorized by the board of trustees.

Last updated June 8, 2021 at 8:19 AM

History

  • Effective: December 18, 1997
  • Promulgated Under: 111.15

Chapter 3361:20-17 Collections

Ohio Adm.Code 3361:20-17-01 Collections: student billing policies.

(A) Students are billed for tuition and fees prior to the beginning of a term or upon registration for the term. Tuition and fees generally include the instructional, general, information technology and instructional equipment (ITIE) fees, residence life fees, student health insurance and other fees that may be approved. Certain non-tuition-related charges will also be included on a student's bill and be subject to the established due dates.

(B) Due dates are established each term for the payment in full of tuition and fees. A payment plan is available to students who are unable to pay in full by the due date. This plan offers payment options to students with each term's fees due and payable by the end of that term.

(C) Students are allowed to register for subsequent terms and to receive transcripts and diplomas only when they are in good financial standing as determined by university policy established by the bursar's office. Financial obligations are cleared through the finance division.

Last updated March 3, 2025 at 12:01 PM

History

  • Effective: July 18, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3361:20-17-02 Collections: credit and collections policies for accounts receivable.

(A) It shall be a general policy of the university of Cincinnati to ensure that all accounts receivable are maintained in a current status.

(B) The vice president for finance, in consultation with the appropriate vice presidents, shall have the authority to see that the necessary procedures are adopted to ensure that payments on account are made promptly and for the full amount due. Procedures to guarantee payment of such accounts shall include, but not be limited to: billings; collection letters; telephone contacts; use of collection agencies; referral to counsel for litigation; withholding transcripts, grades and diplomas; and denial of the ability to register for future terms.

(C) After all attempts at collection have failed and an account has been judged to be uncollectible, it shall be university policy to remove such accounts from active university records. Judgment regarding placing such accounts in a dormant status shall be the responsibility of the vice president for finance.

Last updated June 8, 2021 at 8:19 AM

History

  • Effective: July 26, 2017
  • Promulgated Under: 111.15

Chapter 3361:20-23 Contracts

Ohio Adm.Code 3361:20-23-02 Contracts: purchasing, competitive bidding.

(A) The university shall adhere to established guidelines for competitive bidding when purchasing goods or services for the university, except as is otherwise hereinafter permitted. This rule applies to purchases using any and all funds administered by the university.

(B) The university shall use contracts created by its central purchasing department when purchasing goods and services for the university, except as is otherwise hereinafter permitted.

(C) The bidding guidelines shall be as follows:

(1) For purchases in amount less than fifteen thousand dollars, the buyer shall obtain bids by telephone or electronic transmission as competition warrants.

(2) For purchases in an amount above fifteen thousand dollars but not in excess of six hundred sixty-five thousand five hundred dollars, the buyer shall obtain bids in writing, including electronic transmission as authorized by the director of purchasing and materiel management, in a number commensurate with the amount of the expenditure and the competition available in the traditional market.

(3) For purchases in an amount above six hundred sixty-five thousand five hundred dollars but not in excess of four million five hundred thousand dollars, approval of the president and compliance with the requirements of paragraph (B)(2) of this rule are required. The five million five hundred thousand dollar limit may be increased to five million dollars with the verbal or written consent of the chairperson of the finance and administration committee. Under normal conditions written approval is preferred.

(4) Public works projects of a kind and in the amounts specified in Chapter 153. of the Revised Code shall be competitively bid and award in accordance with all laws and regulations applicable thereto.

(D) Provided the bidding guidelines described in paragraph (B) of this rule are complied with, the director of purchasing and materiel management may:

(1) Exercise the president's entire approval and signature authority for purchase orders in amounts that do not exceed one million three hundred thirty-one thousand dollars when such purchase orders are made on standard forms that have been previously approved by the office of general counsel (OGC) and bear no attachments that could vary the terms of the purchase order; and

(2) Competitively bid, approve and execute purchase orders and term contracts for annual supplies and services in any amount during the interval between the June and September meetings of the board when such purchase orders and term contracts are made on standard forms that have been previously approved by the office of general counsel (OGC) and bear no attachments that could vary the terms of the order. A summary report of all purchase orders and term contracts executed with this authority shall be provided to the board for its fall meeting.

(3) Competitively bid, approve and execute purchase orders and term contracts for purchases in amounts above five million dollars, with the approval of the board of trustees and compliance with the requirements of paragraph (B)(2) of this rule unless the board of trustees specifically waves compliance.

(E) The authority granted and delegated to the director of purchasing and materiel management by this rule may not be further granted, delegated or assigned, either in whole or in part, to any other person.

(F) For the purchase of printed materiel, the requirements of section 3345.10 of the Revised Code shall be adhered to in addition to the requirements set forth above.

(G) Those bids to be advertised and the details of the bidding process shall be determined by policies established by the department of purchasing and materiel management.

(H) Contracts shall be awarded to the lowest and best bidder, except that the university reserves the right to accept or reject any or all bids or proposals in whole or in part.

(I) The director of purchasing and materiel management shall have authority, within the purchase dollar threshold authority of that office, to create and maintain a list of products determined to be non-competitive. These products may be purchased without competitive bidding or letters requesting a waiver from the competitive bidding policy as specified by paragraph (I) of this rule.

(J) Other waiver or modification of the bidding guidelines may be sought because of timing or unique product requirements, or where sufficient economic reasons exist. A written request for a waiver containing an explanation of the reasons for the request must be forwarded to the director of purchasing and materiel management with the requisition. Such waiver shall be effective on approval of the director of purchasing and materiel management for purchases within the dollar authority of that office, by the president for purchases within the purchase authority of that office and by the board of trustees thereafter.

(K) The director of purchasing and materiel management shall have authority to create and maintain a list of price agreements entered into by educational associations, state agencies and consortia through which goods and services may be procured without competitive bidding.

(L) Purchases made pursuant to sections 4115.31 to 4115.35 and 5147.07 of the Revised Code are exempt from the guidelines.

(M) Purchases of professional, non-competitive services for thirty thousand dollars or less as provided for in paragraph (M)(1) of this rule, and purchases of legal services from special counsel appointed by the Ohio attorney general in any amount, are exempt from these guidelines established in paragraph (B) of this rule.

(N) For the purchase of services which are professional and non-competitive in nature, the following shall apply:

(1) When the aggregate amount to be paid for such services will not exceed thirty thousand dollars in any calendar year, no bidding or express waiver thereof is required. An appropriate personal services contract purchase order or other form of agreement will be required under the applicable university contract policies and procedures.

(2) When the aggregate amount to be paid for such services will exceed thirty thousand dollars in any calendar year, bidding is required unless expressly waived by the contracting officer or director of purchasing and materiel management. A written request for such waiver containing an explanation of the reasons for the request must be forwarded to the contracting officer when the services are proposed to be provided by an individual sole proprietor or by the director of purchasing and materiel management when the services are proposed to be provided by a corporation, partnership or other business entity or organization prior to processing an appropriate university personal services contract purchase order or other form of agreement under the applicable university contract policies and procedures.

(O) Even where the competitive bidding guidelines may be waived or do not apply, compliance with such guidelines is encouraged.

(P) In compliance with section 125.081 of the Revised Code, the university shall set aside a number of purchases each year for bidding by certified minority businesses only. The bidding procedures for such contracts shall be the same as for all other contracts except that:

(1) Only minority business enterprises certified by the state of Ohio equal employment opportunity coordinator shall be qualified to submit bids, and

(2) The cost of products and services may not exceed the estimated market price by more than approximately ten per cent.

(3) If bids are rejected because of this cost consideration, the purchase shall be awarded in accordance with standard bidding procedures.

(Q) This rule shall not apply to the employment or reemployment by the university of regular teaching or administrative personnel.

(R) The university will adhere to all other applicable laws and regulations with respect to purchasing and competitive bidding.

(S) This rule shall be amended every three years to increase signing authority pursuant to rule 3361:10-1-06 of the Administrative Code.

Last updated June 6, 2021 at 10:35 AM

History

  • Effective: August 8, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3361:10-1-06

(A) No contract, agreement, promise, bank account, or other undertaking in the name of the university of Cincinnati or purporting to be made for, or on behalf of any college, school, department, division or other part of the university of Cincinnati, shall be made by any of its officers, agents, or employees or by any student, faculty, or alumni organization, enterprise, or association whatever, unless the same shall have been first authorized by the board of trustees of the university or in pursuance of authority conferred by the university rules.

(B) Whenever the board of trustees shall have authorized or ratified the making of any contract or the execution of a written instrument of any kind involving a sum or sums in excess of five million dollars, the chairperson or in his/her absence a vice chairperson, and in his/her absence the chairperson of the finance and administration committee, shall, without special authorization by the board, execute and deliver such documents as may be necessary or proper for the performance of the university's obligations thereunder. The signature of a vice chairperson to any such writing shall, when attested and authenticated, as provided in these bylaws, be conclusive as to the absence of the chairperson, and the signature of the chairperson of the finance and administration committee to any such writing shall, when attested and authenticated, as provided in these bylaws, be conclusive as to the absence of the chairperson and a vice chairperson. All instruments executed by the chairperson, vice chairperson or chairperson of the finance and administration committee shall be reported by the secretary at the next regular meeting of the board.

(C) Contracts involving the purchase or sale of operating real estate must be approved by the board of trustees, regardless of amount. Other contracts involving sums of one million nine hundred ninety-six thousand five hundred dollars or less may be executed as follows:

(D) All non-sponsored contracts, purchase orders, and modifications thereof that require the expenditure of funds by the university of amounts greater than five million dollars shall require prior approval of the board of trustees, and shall be executed by the chairperson, vice chairperson or chairperson of the finance and administration committee as authorized in paragraph (B) of this rule, without further approval, unless execution authority is specifically delegated to the president.

(E) Contracts other than those for the purchase or sale of operating real estate involving sums of five million dollars or less may be executed as follows:

(1) Without board of trustees' approval, the president or his/her delegate appointed pursuant to paragraph (F) of this rule shall have the authority to:

(a) Approve all budget transfers in undesignated general or auxiliary funds, and all additional appropriations of undesignated general, auxiliary or plant funds in amounts of four million five hundred dollars or less. The four million five hundred thousand dollar limit may be increased to five million dollars with the verbal or written consent of the chairperson of the finance and administration committee or in his/her absence the vice chairperson of the finance and administration committee, which consent when given by the vice chairperson of the finance and administration committee shall, when attested, be conclusively presumed to have been given in the absence of the chairperson of the finance and administration committee. Under normal conditions written approval shall be preferred. The president shall report all such approvals to the board for information at its next regular meeting.

(b) Approve and execute

(i) Contracts (including term contracts that are the result of ordinary competitive bidding procedure), purchase orders and modifications thereof that require the expenditure of funds by the university of amounts not in excess of four million five hundred thousand dollars; provided that the four million five hundred thousand dollar limit may be increased to five million dollars with the verbal or written consent of the chairperson of the finance and administration committee or in his/her absence the vice chairperson of the finance and administration committee, which consent when given by the vice chairperson of the finance and administration committee and attested as provided in these bylaws shall be conclusively presumed to have been given in the absence of the chairperson of the finance and administration committee. Under normal conditions written approval is preferred.

(ii) Grants, sponsored contracts and other contracts that do not require the expenditure of funds by the university (other than as an incident of performance of the contract), and modifications thereof, in any amount.

The president shall report all such approved and executed contracts, purchase orders, grants or modifications to the board for information at its next regular meeting or at such intervals as the board of trustees shall direct. Such report may be in summary form showing aggregated information for multiple contracts.

(2) Contracting officer.

The general counsel of the university is the university's contracting officer except as specifically provided for herein.

(a) Without board of trustees' approval the contracting officer shall have the authority to execute

(i) Contracts, purchase orders, and modifications and amendments thereto, on behalf of the university that require the expenditure of funds by the university of one million dollars or less;

(ii) Leases of real estate, and modifications and amendments thereto, with the approval of the office managing university investment real estate;

(iii) Contracts for the sale of investment real estate, and modifications and amendments thereto, together with such deeds, certificates, instruments and other documents as may be necessary or advisable to consummate such transactions and perform the obligations created thereby, with the approval of the administrative investments committee;

(iv) Contracts relating to the licensing, sale, assignment, transfer or other disposition of the university's intellectual property rights in inventions, discoveries, patents, and copyrights, with the approval of the chief innovation officer or his/her delegate, and in trademarks, with the approval of the director of licensing; and

(v) Consents, applications, approvals, releases, affidavits, financing statements, certifications, waivers, powers of attorney and other actions of the university as may be necessary in the conduct of the ordinary course of the university's business, with the approval of the president or the appropriate vice president.

The signature of the contracting officer on any of the foregoing documents shall be conclusive evidence of the authority of the contracting officer to execute the same by and on behalf of the board of trustees.

(b) The contracting officer may appoint other officers or employees of the university to serve as assistant contracting officers to whom the contracting officer may delegate some or all of the authority of the contracting officer to execute instruments. The signature of a duly appointed assistant contracting officer on any instrument described in sub paragraph (E)(2)(a) of this rule within the term of such appointment and scope of such delegation shall be conclusive evidence of the authority of the assistant contracting officer to execute the same by and on behalf of the board of trustees.

(c) The contracting officer may appoint attorneys or other agents to attend the closing of real estate transactions and to execute closing documents on behalf of the board of trustees, to act on behalf of the university in prosecuting patent, copyright and other applications, to act on behalf of the university in clearing shipments through customs, and to act on behalf of the university in performing other representative functions; and the signature of any such duly appointed attorney or agent shall be conclusive evidence of his or her authority to execute the same on behalf of the board of trustees. All such appointments shall be in writing and shall be limited in scope and time to the particular transaction.

(3) Without special authorization of the board, the secretary of the board shall have authority to amend this rule every three years, on July first, to reflect a ten per cent increase in the signing authority granted in the foregoing paragraphs of this rule.

(4) Vice president for finance.

Without board of trustees' approval, the vice president for finance shall have authority to execute contracts and change orders for construction projects within the limit of funds appropriated by the board for each project. Contracts and change orders executed by the vice president for finance shall be filed immediately with the contracting officer and/or the office of the board of trustees, as appropriate.

(5) The senior vice president for administration and finance

The senior vice president for administration and finance shall have the same authority to execute instruments as that granted to the contracting officer by paragraph (E)(2) of this rule.

(F) All delegations of contracting authority whether by the president pursuant to paragraph (E)(1) of this rule or by the contracting officer pursuant to paragraph (E)(2) of this rule shall be in writing, shall identify the delegate by name, title and/or position of employment, shall describe the scope of the authority provided by the delegation, shall bear the signature of the president or contracting officer, and shall expire on the earlier of: (1) the date of expiration contained in the written delegation, (2) the date of death or separation from employment with the university of the president or contracting officer making the delegation, (3) the date of death or separation from employment with the university of the delegate; (4) the date written notice of revocation of the delegation signed by the president or contracting officer is delivered to the delegate, or (5) the date that is three years from the date of the delegation. The president and the contracting officer shall provide copies of all such delegations to the board of trustees at the next regular meeting of the board following any such the delegation. No person receiving a delegation of authority from the president or the contracting officer may further assign or delegate to any other person all or any part of the delegated authority. No delegation of authority by the president or the contracting officer shall exceed the limits established herein.

(G) Electronic signatures

(1) Definitions

(a) Authenticity - the assurance that an electronic signature is that of the person purporting to sign a record or otherwise conducting an electronic transaction.

(b) Electronic signature - 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.

(c) Electronic transactions - the exchange of an electronic record and electronic signature between the university and a person to:

(i) Consent to release information;

(ii) Purchase, sell or lease goods, services or construction;

(iii) Transfer funds;

(iv) Facilitate the submission of an electronic record with an electronic signature required or accepted by the university; or

(v) Create records formally issued under a signature and upon which the university or any other person will reasonably rely including but not limited to formal communication, letters, notices, directives, policies, guidelines and any other record.

(d) Integrity - the assurance that the electronic record is not modified from what the signatory adopted.

(e) Non-repudiation - proof that the signatory adopted or assented to the electronic record or electronic transaction.

(2) Electronic transactions

(a) This paragraph does not grant contracting authority to any individual or expand authority already granted.

(b) The university shall enact policies governing the use of electronic signatures. Electronic signatures shall only be used in accordance with university policy.

(c) An electronic signature may be accepted in all situations where the requirement of a signature or approval is stated or implied. An electronic transaction entered into pursuant to this rule and policies promulgated hereunder shall be presumed to be valid, and may not be denied legal effect or enforceability solely because it is in electronic form.

(d) The university may, at its discretion, elect to opt out of conducting electronic transactions with any party or in any transaction, for any reason or no reason.

(3) The method of applying electronic signatures shall require a separate and distinct action for each signature. The action may include a series of keystrokes, a mouse click, or other similar action.

(4) The university shall establish procedures to provide authentication, non-repudiation and integrity to the extent reasonable for each electronic transaction.

(5) Records of electronic transactions shall be maintained in accordance with the university record retention schedule for the type of transaction at issue.

Last updated June 4, 2021 at 6:42 PM

History

  • Effective: February 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3361:20-23-13 Contracts: policy statement on equal employment opportunity covenant requirements for contractors.

As a recipient of federal, state and city funds, the university of Cincinnati is required to comply with "Federal Executive orders 11246 and 11375," "State of Ohio Executive Order 1972" and its own affirmative action plan banning employment discrimination. Specifically, those holding university contracts or orders or those seeking university employment opportunity practices as the university in respect to their own employees and subcontractors.

Those contractors and vendors engaged by the university, who are subject to the department of public works' rule and regulations on equal employment opportunity, will be required to adhere to the following obligations. Such contractors and vendors hereby agree to incorporate or cause to be incorporated into any contract or modification thereof, as such is defined in "section 202" of the director of the department of public works' rule and regulations on equal employment opportunity, and which is paid for in whole or in part with a grant, contract, loan, insurance policy or guaranty which is distributed, allocated, or approved by a department, authority, commission or agency of the state of Ohio subject to the terms of such regulations, the following equal employment opportunity clause: during the performance of the contract, the contractor agrees as follows:

(A) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, sex orientation, handicap, status as disabled veteran or veteran of the Vietnam era, or age. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, national origin, sex, sex orientation, handicap, status as disabled veteran or veteran of the Vietnam era or age. Such action shall apply but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

(B) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, sex, sex orientation, handicap, status as disabled veteran or veteran of the Vietnam era or age.

(C) The contractor will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract, a notice to be provided by the state administering agency or the office of contract compliance, university of Cincinnati, advising said labor union or workers' representatives of contractor's commitments under this covenant and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(D) The contractor will comply with all provisions of the department of public works regulation on equal employment opportunity, and with the implementing rules, regulations, and applicable orders of the state equal employment opportunity coordinator and the office of contract compliance, university of Cincinnati.

(E) The contractor agrees he will fully cooperate with the state administering agency, the state equal employment opportunity coordinator, the office of contract compliance, university of Cincinnati and with any other official or agency of the state or federal government which seeks to eliminate unlawful employment discrimination, and with all other state and federal efforts to assure equal employment practices under this contract, and said contractor shall comply promptly with all requests and directions from the state administering agency, the state equal employment opportunity coordinator, the office of contract compliance, university of Cincinnati and any of the state of Ohio's officials and agencies in this regard, both before and during the contract.

(F) Full cooperation as expressed in paragraph (E) of this rule, shall include, but not be limited to, being a witness and permitting employees to be witnesses and complainants in any proceeding involving questions of unlawful employment practices, furnishing all information and reports required by the department of public works regulation on equal employment opportunity and by the rules, regulations and orders of the state equal employment coordinator and the office of contract compliance, university of Cincinnati pursuant thereto, and permitting access to the contractor's books, records, and accounts by the state administering agency, the state equal employment opportunity coordinator and the office of contract compliance, university of Cincinnati for purposes of investigation to ascertain compliance with such rules, regulations and orders.

(G) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of the said rules, regulations or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further state contracts or state assisted contracts in accordance with procedures authorized in the department of public works regulation on equal employment opportunity, and such other sanctions may be instituted and remedies invoked as provided in said regulations or by rule, regulation or order of the state equal employment opportunity coordinator, the office of contract compliance, university of Cincinnati, or as otherwise provided by law.

(H) The contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) to paragraph (H) in every subcontract or purchase order under this contract unless exempted by rules, regulations or orders of the state equal employment opportunity coordinator or the office of contract compliance, university of Cincinnati, issued pursuant to "section 204" of the department of public works regulation on equal employment opportunity so that such provisions will be binding upon any such subcontractor or vendor. The contractor will take such action with respect to any such subcontract or purchase order as the state administering agency or the office of contract compliance, university of Cincinnati may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with litigation by a subcontractor, vendor or other party as a result of such direction by the state administering agency or the office of contract compliance, university of Cincinnati, the contractor may request the state of Ohio to enter into such litigation to protect the interests of the state.

(I) The contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices within the state of Ohio when it participates in a state assisted contract; provided that, if the contractor so participating is a political subdivision, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such political subdivision which does not participate in work on or under said contract.

(J) The contractor agrees that will assist and cooperate actively with the state administering agency, the state equal employment opportunity coordinator and the office of contract compliance, university of Cincinnati in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the state equal employment opportunity coordinator, and the office of contract compliance, university of Cincinnati, that it will furnish the state administering agency, the state equal employment opportunity coordinator and the office of contract compliance, university of Cincinnati, such information as they may require for the supervision of such compliance, and that it will otherwise assist the state administering agency and the office of contract compliance, university of cincinnati in the discharge of said agency's primary responsibility for securing compliance both before and during contract.

(K) The contractor further agrees that it will refrain from entering into any contract or contract modification subject to the department of public works' regulation on equal employment opportunity, with a contractor barred from, or who has not demonstrated eligibility for state contracts and state assisted contracts pursuant to said regulation and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon such contractors by the state administering agency, the state equal employment opportunity coordinator and the office of contract compliance, university of Cincinnati pursuant to "Part II, Subpart D" of said regulation.

(L) The contractor agrees that if it fails or refuses to comply with these undertakings, the state administering agency and the office of contract compliance, university of Cincinnati, may take any or all of the following actions: cancel, terminate, or suspend in whole or in part of this grant, contract, loan, insurance policy, or guaranty; refrain from extending any further assistance to the contractor under the program with respect to which the failure or refusal occurred until satisfaction or assurance of future compliance has been received from said contractor; or refer the case to the attorney general for appropriate legal proceedings.

Last updated June 6, 2021 at 10:35 AM

History

  • Effective: March 16, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3361:20-23-14 Contracts: contract compliance review by the office of contract compliance university of Cincinnati.

(A) The office of contract Compliance, university of Cincinnati, will make initial and continuing reviews of contracts of commissions over the sum of ten thousand dollars and purchase orders over two thousand dollars.

(B) Federal and or state grants held by university departments, in whatever dollar amount, are subject to review by the office of contract compliance, university of cincinnati, as part of the university's compliance with Public Law 95-507.

(C) Bids, purchase orders, or commissions let or assigned by the department of physical plant or purchasing, university of Cincinnati building committee, and grants held by university departments are subject to a compliance review by the office of contract compliance, university of Cincinnati.

(1) Upon notification from the appropriate university source, the office of contract compliance, university of Cincinnati, will provide forms necessary to determine work force compliance ("A-300 compliance profile and affirmative action plan").

(2) Copies of any reports, memoranda, forms or correspondence are public and available to interested parties upon request at reasonable cost.

(D) Compliance:

(1) In order to be considered "in compliance" by the office of contract compliance, university of Cincinnati, contractors are required to submit to and meet the stipulations presented in a compliance review.

(2) "In compliance" also requires the contractor to maintain approved employment practices and submit any requested compliance reports during the entire term of the contract.

(3) It also requires that prime or general contractors take responsibility that their subcontractors file workforce analyses, affirmative action plans, and any other necessary compliance reports in order to maintain their own status.

(E) A finding of noncompliance shall require a written notice from the office of contract compliance, university of Cincinnati, with reasons for such finding being clearly stipulated. Contractors will be provided with the time and opportunity to make corrections or objections. Any such corrections or objections shall also be in writing, or, if transmitted by telephone, followed by a written communication.

(F) The office of contract compliance, university of Cincinnati will conduct three types of reviews:

(1) Pre-award reviews shall be considered part of the selection process for awards of university contracts. The three lowest bidders on university projects which have been competitively bid for fifty thousand dollars or more will all be subject to a pre-award review, starting with the lowest bidder. Equal employment opportunity compliance is required, and the lowest bidder in dollar amount, if not in compliance as hereinafter provided at paragraph (G) of this rule, can be bypassed for the next lowest bidder judged in compliance.

(2) On-site reviews will consist of an investigation of on-the-job labor forces at the site, usually of a construction project. Particularly, but not exclusively, the review will be conducted where subcontractors enter into the project or the workforces vary with phases of project work.

(3) Post-award reviews include an in-house review of the reports and documentation requested by and received in the office of contract compliance, university of Cincinnati, and an on-site review. These reviews shall be made to determine continuing equal employment opportunity compliance on the part of contractors and subcontractors on contracts for ten thousand dollars or more.

(G) Noncompliance:

(1) In the event of a pre-award noncompliance determination and receipt of notice thereof, the contractor will be allowed up to seven days after receipt of such notice to respond. The office of contract compliance, university of Cincinnati, will provide such notice at the conclusion of the review or within seven days after the review.

(2) If noncompliance is determined while a contract is in force, the contractor will be given thirty days, or until such time as further monies are due, to respond.

(3) The effect of a notice of noncompliance and the failure to respond in the time provided shall be failure to be awarded the contract, commission or order, or termination or suspension of a contract in force.

(H) Construction contractors, subcontractors scheduled to begin work at the same time as the prime or general contractor, representatives of the initiating university department, the contract compliance officer and all other parties to be involved in the execution of a proposed construction contract will convene for a pre-construction meeting. This meeting is to complete the pre-award process. All parties concerned will at that time execute appropriate sign-offs, enabling the forwarding of the contract to the state of Ohio department of public works.

(I) Contractors with university contracts for terms in excess of one month shall be subject to compliance reporting. Nonconstruction contractors will be advised of reporting procedures upon receipt of notice of compliance ("Exp. B-700"). Construction contractors will be required to submit a monthly manpower utilization report ("Exp. C-100"), a payroll transmission form ("Exp. C-200"), and a payroll report ("Exp. C-300"). Reports will cover the previous calendar month and be submitted to the office of contract compliance, university of Cincinnati if the office of contract compliance, university of Cincinnati, does not find cause to make a new recommendation on equal employment opportunity compliance, the reports will be approved, and monies will be paid according to contract. If the office of contract compliance, university of Cincinnati, determines that compliance conditions have changed, a determination of the noncompliance will be issued pursuant to paragraph (G) of this rule. If it determines that prevailing wage rates were not paid, the data will be given to the state office of industrial relations prevailing wage rates division for investigation and resolution.

(1) Reports will be received and verified during the first working week of every month during the term of the contract. Prime contractors are responsible for collecting monthly manpower and payroll reports from their subcontractors as part of their own reporting. Each month contractors will submit one monthly manpower report for itself and for each suncontractor; one payroll transmission form for itself and for each subcontractor; and four weekly payroll reports for himself and for each subcontractor. Reports from the previous month not received during the first week of the month immediately following shall be considered overdue. If a contractor encounters any difficulty in completing reports, it is that contractor's responsibility to notify the office of contract compliance, university of Cincinnati, before the first week of the month has expired. Continuing compliance can only be determined through receipt of reports.

(2) Monthly compliance reports are to be signed by a responsible official of the contractor upon completion. The requirement of report filing begins with the commencement of contract work and proceeds as long as work continues under a state or state-assisted contract. There will be no verification by the office of contract compliance, university of Cincinnati, of approval of compliance reports for contracts in force. The contractor may assume approval if no payroll interruption occurs. It is the responsibility of each contractor to comply with Chapter 4115. of the Revised Code which is the authority for wages and hours on public works.

(J) Grant project review:

(1) Hiring of project staff under federal and state grants held by a university department must be in accordance with equal employment opportunity regulations and policies in regard to minorities and women. Each department must submit to the office of contract compliance a list of grants in force and notification of new grants awarded.

(2) The office of contract compliance, university of Cincinnati review of grant project staff shall be in-house only. Department heads will receive a project profile ("Exp. D-100") which may be answered by either the department head or the principal investigator of the grant under consideration. Attached to the project profile, in narrative form, will be a work description and evidence of processes used to ensure equal employment opportunity following the employment practices checklist ("Exp. D-200"). There will be no notification from the office of contract compliance, university of Cincinnati, unless a determination of non-compliance is made.

Last updated June 6, 2021 at 10:35 AM

History

  • Effective: November 1, 1984
  • Promulgated Under: 111.15

Chapter 3361:20-31 Fees

Ohio Adm.Code 3361:20-31-01 Fees: establishment and administration of fees and refunds.

(A) The board of trustees shall establish and approve all changes in student tuition and fees including general fees, instructional fees, information technology and instructional equipment (ITIE) fees, residence hall room and board rates, apartment rates, and non-resident surcharge.

(B) In the interval between board actions taken under paragraph (A) of this rule, the president of the university may approve modifications of instructional fees for programs that serve special markets and/or provide/require unique delivery methods upon recommendations by the dean or department head and the senior vice president for academic affairs and provost.

(C) The president of the university shall establish and approve parking fees and fines and reasonable and necessary miscellaneous fees. Miscellaneous fees include, but are not limited to, application fees, administrative fees, laboratory fees, fees for course material and fees for non-credit programs and courses.

(D) The vice president for finance shall establish procedures for the assessment of fees and the administration of refunds.

(E) Eligibility for status as a resident of the state of Ohio, for the purpose of assessing fees, shall be determined in accordance with rule 3333-1-10 of the Administrative Code promulgated by the Ohio board of regents under section 3333.31 of the Revised Code and amplified by rule 3361:20-31-03 of the Administrative Code, "Fees: residency."

(F) The registrar, bursar and "Tuition Refunds Appeals Committee (TRAC)" shall interpret the rules relating to payment and refund of student fees.

Last updated June 5, 2021 at 2:31 AM

History

  • Effective: August 31, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3333-1-10

(A) Intent and authority

(1) It is the intent of the chancellor of the Ohio department of higher education in promulgating this rule to exclude from treatment as residents, as that term is applied here, those persons who are present in the state of Ohio primarily for the purpose of receiving the benefit of a state-supported education.

(2) This rule is adopted pursuant to Chapter 119. of the Revised Code, and under the authority conferred upon the chancellor of the Ohio department of higher education by section 3333.31 of the Revised Code.

(B) Definitions

For purposes of this rule:

(1) "Resident " shall mean any person who maintains a twelve-month place or places of residence in Ohio, who is qualified as a resident to vote in Ohio and receive state public assistance, and who may be subjected to tax liability under section 5747.02 of the Revised Code, provided such person has not, within the time prescribed by this rule, declared himself or herself to be or allowed himself or herself to remain a resident of any other state or nation for any of these or other purposes.

(2) "Financial support" as used in this rule, shall not include grants, scholarships and awards from persons or entities which are not related to the recipient unless such grants, scholarships and awards require residency of another state or nation.

(3) An "institution of higher education" shall have the same meaning as "state institution of higher education" as that term is defined in section 3345.011 of the Revised Code, and shall also include private medical and dental colleges which receive direct subsidy from the state of Ohio.

(4) "Domicile" as used in this rule is a person's permanent place of abode, so long as the person has the legal ability under federal and state law to reside permanently at that abode. For the purpose of this rule, only one domicile may be maintained at a given time.

(5) "Dependent" shall mean a student who was claimed as a dependent, as defined in 26 U.S. Code section 152, dated 2011 on the filer's internal revenue service tax filing for the previous tax year.

(6) "Residency Officer" means the person or persons at an institution of higher education that has the responsibility for determining residency of students under this rule.

(7) "Community Service Position" shall mean a position volunteering or working for:

(a) VISTA, Americorps, city year, the peace corps, "Teach for America," or any similar program as determined by the chancellor of the Ohio department of higher education; or

(b) An elected or appointed public official for a period of time not exceeding twenty-four consecutive months.

(8) "Alien" means a person who is not a United States citizen or a United States national.

(9) "Immigrant" means an alien who has been granted the right by the United States citizenship and immigration services to reside permanently in the United States and to work without restrictions in the United States.

(10) "Nonimmigrant" means an alien who has been granted the right by the United States citizenship and immigration services to reside temporarily in the United States.

(11) "Certificate of high school equivalence" means either of the following:

(a) A certificate of high school equivalence awarded by the department of education and workforce under division (A) of section 3301.80 of the Revised Code; or

(b) The equivalent of a certificate of high school equivalence awarded by the state board of education under former law, as defined in division (C)(1) of section 3301.80 of the Revised Code.

(C) Residency for subsidy and tuition surcharge purposes

The following persons shall be classified as residents of the state of Ohio for subsidy and tuition surcharge purposes:

(1) A student whose spouse, or a dependent student, at least one of whose parents or legal guardian, has been a resident of the state of Ohio for all other legal purposes for twelve consecutive months or more immediately preceding the enrollment of such student in an institution of higher education.

(2) A person who has been a resident of Ohio for the purpose of this rule for at least twelve consecutive months immediately preceding his or her enrollment in an institution of higher education and who is not receiving, and has not directly or indirectly received in the preceding twelve consecutive months, financial support from persons or entities who are not residents of Ohio for all other legal purposes.

(3) A dependent student of a parent or legal guardian, or the spouse of a person who, as of the first day of a term of enrollment, has accepted full-time, self-sustaining employment and established domicile in the state of Ohio for reasons other than gaining the benefit of favorable tuition rates.

Documentation of full-time employment and domicile shall include both of the following documents:

(a) A sworn statement from the employer or the employer's representative on the letterhead of the employer or the employer's representative certifying that the parent, legal guardian or spouse of the student is employed full-time in Ohio.

(b) A copy of the lease under which the parent, legal guardian or spouse is the lessee and occupant of rented residential property in the state; a copy of the closing statement on residential real property located in Ohio of which the parent, legal guardian or spouse is the owner and occupant; or if the parent, legal guardian or spouse is not the lessee or owner of the residence in which he or she has established domicile, a letter from the owner of the residence certifying that the parent, legal guardian or spouse resides at that residence.

(4) A veteran, and the veteran's spouse and any dependent of the veteran, who meets both of the following conditions:

(a) The veteran either (i) served one or more years on active military duty and was honorably discharged or received a medical discharge that was related to the military service or (ii) was killed while serving on active military duty or has been declared to be missing in action or a prisoner of war.

(b) If the veteran seeks residency status for tuition surcharge purposes, the veteran has established domicile in this state as of the first day of term of enrollment in an institution of higher education. If the spouse or a dependent of the veteran seeks residency status for tuition surcharge purposes, the veteran and the spouse or dependent seeking residency status have established domicile in this state as of the first day of a term of enrollment in an institution of higher education, except that if the veteran was killed while serving on active military duty, has been declared to be missing in action or a prisoner of war, or is deceased after discharge, only the spouse or dependent seeking residency status shall be required to have established domicile in accordance with this rule.

Domicile as used in paragraph (C)(4)(b) of this rule shall have the same meaning as used in paragraph (C)(3)(b) of this rule.

(5) A veteran who is the recipient of federal veterans' benefits under the "All-Volunteer Force Educational Assistance Program," 38 U.S.C. 3001 et seq., or "Post-9/11 Veterans Educational Assistance Program," 38 U.S.C. 3301 et seq., or any successor program, if the veteran meets all of the following criteria:

(a) The veteran served at least ninety days or active duty.

(b) The veteran enrolls in a state institution of higher education, as defined in section 3345.011 of the Revised Code.

(c) The veteran lives in the state as of the first day of a term of enrollment in the state institution of higher education.

(6) A person who is the recipient of the federal "Marine Gunnery Sergeant John David Fry" scholarship or transferred federal veterans' benefits under any of the programs listed in paragraph (C)(5) of this rule, if the person meets both of the following criteria:

(a) The person enrolls in a state institution of higher education.

(b) The person lives in the state as of the first day of a term of enrollment in the state institution of higher education

In order for a person using transferred federal veterans' benefits to qualify under paragraph (C)(6) of this rule, the veteran who transferred such benefits must have served at least ninety days on active duty or the servicemember who transferred such benefits is on active duty.

(7) A person who is using federal veterans' educational assistance under the "Vocational Rehabilitation and Employment," 38 U.S.C. 3101 et seq, "Survivors' and Dependents' Educational Assistance," 38 U.S.C. 3510, or under "Selected Reserve Educational Assistance Program" 10 U.S.C. 1606 if the person meets the following criteria:

(a) The person enrolls in a state institution of higher education.

(b) The person lives in the state as of the first day of a term of enrollment in the state institution of higher education.

(8) A person who, while a resident of this state for state subsidy and tuition surcharge purposes, graduated from a high school in this state or completed the final year of instruction at home as authorized under section 3321.04 of the Revised Code, if the person enrolls in an institution of higher education and establishes domicile in this state, regardless of the student's residence prior to that enrollment, unless the person is in the United States on a student visa and has not petitioned for a change in status.

(9) A person who enrolls in an institution of higher education and establishes domicile in this state, regardless of the student's residence prior to that enrollment, unless the person is in the United States on a student visa and has not petitioned for a change in status and the person meets all of the following criteria:

(a) The person officially withdrew from a school in this state while the person was a resident of this state for state subsidy and tuition surcharge purposes;

(b) The person has not received a high school diploma or honors diploma awarded under section 3313.61, 3313.611, 3313.612, or 3325.08 of the Revised Code or a high school diploma awarded by a school located in another state or country; and

(c) The person while a resident of this state for state subsidy and tuition surcharge purposes, both took a high school equivalency test and was awarded a certificate of high school equivalence.

(10) A service member who is on active duty and to the service member's spouse and any dependent of the service member while the service member is on active duty. In order to qualify under this paragraph, the student seeking in-state tuition rates must live in the state as of the first day of a term of enrollment in the state institution of higher education, but the student or the service member shall not be required, to establish domicile in this state as of the first day of a term of enrollment in an institution of higher education.

(11) A person, while not a resident of this state for state subsidy and tuition surcharge purposes, lives in this state and completes a bachelor's degree program at an institution of higher education in this state and, upon completing that bachelor's degree program, immediately enrolls in a graduate degree program offered at any state institution of higher education, provided the person, while enrolled in the graduate degree program, resides in this state.

For purposes of this paragraph, graduate degree program means any master's or doctoral program at a state institution of higher education, except that a board of trustees of a state institution of higher education may exclude post-baccalaureate professional programs, such as a juris doctorate, medical, dentistry, veterinary, optometry or pharmaceutical doctoral program or other similar post-baccalaureate professional programs, provided the eligible excluded programs are reported to the chancellor on an annual basis and listed as such on the state institution of higher education's website.

For purposes of this paragraph, immediate means the next semester in which the graduate degree program accepts students for admission.

(D) Additional criteria which may be considered in determining residency may include but are not limited to the following:

(1) Criteria evidencing residency:

(a) If a person is subject to tax liability under section 5747.02 of the Revised Code;

(b) If a person qualifies to vote in Ohio;

(c) If a person is eligible to receive Ohio public assistance;

(d) If a person has an Ohio's driver's license and/or motor vehicle registration.

(2) Criteria evidencing lack of residency

(a) If a person is a resident of or intends to be a resident of another state or nation for the purpose of tax liability, voting, receipt of public assistance, or student loan benefits (if the student qualified for that loan program by being a resident of that state or nation);

(b) If a person is a resident or intends to be a resident of another state or nation for any purpose other than tax liability, voting, or receipt of public assistance (see paragraph (D)(2)(a) of this rule), such as declaring to be in the United States/Ohio for the purposes of seeking an education.

(3) For the purpose of determining residency for tuition surcharge purposes at Ohio's state-assisted colleges and universities, an individual's immigration status will not preclude an individual from obtaining resident status if that individual has the current legal status to remain permanently in the United States. However, a student shall not be granted residency status if the alien is not also an immigrant or a nonimmigrant.

(E) Exceptions to the general rule of residency for subsidy and tuition surcharge purposes:

(1) A person who is living and is gainfully employed on a full-time or part-time and self-sustaining basis in Ohio and who is pursuing a part-time program of instruction at an institution of higher education shall be considered a resident of Ohio for these purposes.

(2) A person who enters and currently remains upon active duty status in the United States military service while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile.

(3) A person on active duty status in the United States military service who is stationed and resides in Ohio and his or her dependents shall be considered residents of Ohio for these purposes.

(4) A person who is transferred by his employer beyond the territorial limits of the fifty states of the United States and the District of Columbia while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile as long as such person has fulfilled his or her tax liability to the state of Ohio for at least the tax year preceding enrollment.

(5) A person who has been employed as a migrant worker in the state of Ohio and his or her dependents shall be considered a resident for these purposes provided such person has worked in Ohio at least four months during each of the three years preceding the proposed enrollment.

(6) A person who was considered a resident under this rule at the time the person started a community service position as defined under this rule, and his or her spouse and dependents, shall be considered a residents of Ohio while in service and upon completion of service in the community service position.

(7) A person who returns to the state of Ohio due to marital hardship, takes or has taken legal steps to end a marriage, and reestablishes financial dependence upon a parent or legal guardian (receives greater than fifty per cent of his or her support from the parent or legal guardian), and his or her dependents shall be considered residents of Ohio.

(8) A person who is a member of the Ohio national guard, and his or her spouse and dependents, shall be considered residents of Ohio while the person is in Ohio national guard service.

(F) Procedures

(1) A dependent person classified as a resident of Ohio for these purposes under the provisions of paragraph (C)(1) of this rule and who is enrolled in an institution of higher education when his or her parents or legal guardian removes their residency from the state of Ohio shall continue to be considered a resident during continuous full-time enrollment and until his or her completion of any one academic degree program.

(2) In considering residency, removal of the student or the student's parents or legal guardian from Ohio shall not, during a period of twelve months following such removal, constitute relinquishment of Ohio residency status otherwise established under paragraph (C)(1) or (C)(2) of this rule.

(3) For students who qualify for residency status under paragraph (C)(3) of this rule, residency status is lost immediately if the employed person upon whom resident student status was based accepts employment and establishes domicile outside Ohio less than twelve months after accepting employment and establishing domicile in Ohio.

(4) Any person once classified as a nonresident, upon the completion of twelve consecutive months of residency, must apply to the institution he or she attends for reclassification as a resident of Ohio for these purposes if such person in fact wants to be reclassified as a resident. Should such person present clear and convincing proof that no part of his or her financial support is or in the preceding twelve consecutive months has been provided directly or indirectly by persons or entities who are not residents of Ohio for all other legal purposes, such person shall be reclassified as a resident.

Evidentiary determinations under this rule shall be made by the institution which may require, among other things, the submission of documentation regarding the sources of a student's actual financial support.

(5) Any reclassification of a person who was once classified as a nonresident for these purposes shall have prospective application only from the date of such reclassification.

(6) Any institution of higher education charged with reporting student enrollment to the chancellor of the Ohio department of higher education for state subsidy purposes and assessing the tuition surcharge shall provide individual students with a fair and adequate opportunity to present proof of his or her Ohio residency for purposes of this rule. Such an institution may require the submission of affidavits and other documentary evidence which it may deem necessary to a full and complete determination under this rule.

Last updated April 24, 2026 at 1:45 AM

History

  • Effective: April 23, 2026
  • Promulgated Under: 119.03
Ohio Adm.Code 3361:20-31-02 Fees: assessment of fees.

(A) A student in any college who registers for twelve or more credit hours shall be entitled to the privileges of a full-time student. Full-time fees shall be assessed, based on the student's college and class codes and the student's residency status, for a student registering for no less than twelve and no more than eighteen credit hours per semester. Graduate students are assessed full-time fees when registering for ten to eighteen hours, inclusive.

(B) A student may at his/her option, and with the approval of the student's college, register for fewer than twelve credit-hours. Such a student shall be considered to be a part-time student. Part-time fees shall be assessed, based on course level and student residency status, on a per credit-hour basis, for a student registering for less than twelve credit hours per semester, except for graduate students who are assessed full-time fees when registering for ten or more hours.

(C) A student may register as an auditor and attend courses without receiving academic credit. Such students shall pay the same charge for audited courses as that charged for credit courses. For full-time students the fees for audited courses shall be assessed, based on the student's college and class codes and the student's residency status, at the full-time tuition rate. For part-time students the fees for audited courses shall be assessed, based on the student's college and class codes and the student's residency status, at the part-time per credit hour rate.

(D) Students who have registered for hours in excess of eighteen shall be considered to have overload hours. Fees for overload hours shall be assessed at the part-time rate. Undergraduate part-time fees shall be assessed for the number of undergraduate hours over eighteen and graduate part-time fees shall be assessed for the number of graduate hours over eighteen.

(E) Fee assessments shall be subject to audit at any time throughout the academic career of the student. Students who register late shall pay the tuition assessment of the current semester rather than the fees charged during the semester of registration. Tuition assessment includes instructional fee, non-resident surcharge, information technology and instructional equipment fee, and general fee. This recommendation includes any registration adjustment that involves fees, such as changing from undergraduate to graduate credit. Residency of the semester of registration is used to assess fees.

(F) Any resident of Ohio who meets the conditions set by section 3333.26 of the Revised Code and who is admitted to the university of Cincinnati, shall not be required to pay any tuition or student fee for up to four academic years of education at the undergraduate level.

(G) Tuition reciprocity for Kentucky residents shall be approved for undergraduate courses under the conditions established by the university of Cincinnati and northern Kentucky university.

(H) Graduate students enrolled at the hebrew union college-jewish institute of religion and at the university of Cincinnati shall be permitted to register for appropriate courses at either institution but shall be required to pay fees exclusively to the institution from which the degree is being sought. Faculty members of the hebrew union college-jewish institute of religion and the university of Cincinnati may register for courses at either institution without being required to pay fees.

(I) Students may enroll in military science classes without payment of the normal credit hour nor overload fees.

(J) The fee for noncredit courses shall carry a credit option which shall be equal to the per credit hour charge of the course, unless otherwise noted. The administration may charge a fee higher than the per credit hour charge for some courses to cover the cost of special instructors, material and equipment.

(K) Foreign students, because of visa regulations, normally shall be expected to maintain full-time student status and pay full-time student fees. In extenuating circumstances, as interpreted by the registrar, they may pay fees by the credit hour.

(L) Late registration fees shall be assessed in progressively increasing amounts according to the schedule published by the office of the registrar. Registrations beginning with the sixteenth day of the semester shall not be permitted without the approval of the registrar or the "Late Registration Appeals Committee."

Last updated June 5, 2021 at 2:31 AM

History

  • Effective: April 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3361:20-31-05 Fees: payment and refund of fees.

(A) Payment of student fees.

Registration shall not be complete until all fees have been paid. It shall be the student's responsibility to verify at the time of registration that fees have been assessed correctly. A late registration fee shall be assessed to any student registering for the first time on or after the first official day of the semester. Fees not paid by the payment due date may cause the student's registration to be cancelled, requiring the student to reregister for all courses on a space available basis. Fees paid by credit cards and checks subsequently protested shall be classified as late registration.

(B) Refund of student fees.

(1) The following refund policy shall apply to students who are registered for credit and noncredit courses.

(a) Refunds shall be based upon the date of drop or withdrawal beginning with the first official day of the semester. The offices of the registrar, bursar, and student financial aid will jointly define, establish, communicate and enforce student procedures for dropping classes and for completely withdrawing from the university. These procedures will be in accordance with federal and state regulations.

(b) Refund schedule.

(i) Except as noted in this paragraph, students who withdraw from classes, for any reason, shall receive a refund of instructional fees, general fees, information technology and instructional equipment fees, campus life fees, program fees, lab fees and nonresident surcharge on the basis of a refund schedule approved by the vice president of finance.

(ii) Proportional adjustments shall be made for summer sessions and other short term courses, based on the length of the program.

(c) Students who drop courses, but remain full-time students, shall not be entitled to any refund.

(d) To the extent permissible by federal and state regulations, outstanding financial obligations to the university shall be deducted from a refund and no refund shall be provided until all such obligations have been discharged. In the event of disciplinary suspension or dismissal, no fees shall be refunded.

(e) In the case of the death of a student during an academic period all instructional fees, general fees, information technology and instructional equipment fees, campus life fees, program fees and nonresident surcharge shall be refunded.

(2) Military service, all colleges.

A student who is called to state military service or active duty status in one of the United States military services divisions, or a student who is the spouse or domestic partner of a deployed service member with a dependent child, shall be given a one hundred percent refund of all tuition and fees. If notification of active duty occurs late in the academic semester such that the student and instructor(s) agree that a grade(s) may be assigned, or that a pass grade ("P") is appropriate, or that an incomplete ("I") shall be assigned and remaining coursework completed at a later date, the student may elect to remain enrolled and receive the grade(s) and credit for the course(s) as appropriate. In such cases, no refund shall be issued. A student who enlists in the military service and who withdraws/drops to do so shall receive a refund according to the regular refund policy in effect at the time of withdrawal/drop.

(C) The registrar, bursar and "Tuition Refunds Appeals Committee (TRAC)" shall interpret the rules relating to payment and refund of student fees.

Last updated June 5, 2021 at 2:31 AM

History

  • Effective: July 18, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3361:20-31-06 Fees: delinquent obligations and prerequisites not met.

(A) Delinquent obligations.

Students shall be responsible for discharging all their university financial obligations, such as payment of deferred fees, housing fees, tuition, laboratory fees, matriculation fees or delinquent obligations. Students who are delinquent in paying charges accrued in a previous quarter may be denied the right to register in classes for future courses and to receive transcripts, grades, or diplomas until such fees are paid in full.

(B) Enrollment cancellation.

A student's enrollment in any course shall be administratively cancelled if the student fails to satisfy established course and/or class prerequisites. A student whose enrollment is cancelled in accordance with this rule shall receive a refund of any tuition paid for that course.

Last updated June 5, 2021 at 2:31 AM

History

  • Effective: July 26, 2017
  • Promulgated Under: 111.15

Chapter 3361:20-37 Insurance

Ohio Adm.Code 3361:20-37-12 Insurance: personal property.

The university does not carry insurance for loss of personal items. One's personal insurance is presumed to cover such a loss. It is the responsibility of each person to take the necessary precautions to protect their own personal property.

Last updated June 8, 2021 at 8:20 AM

History

  • Effective: March 16, 1978
  • Promulgated Under: 111.15

Chapter 3361:20-41 Investments

Ohio Adm.Code 3361:20-41-01 Investments: policy for administration of invested funds.

The following policies govern the administration of the university's invested funds:

(A) Endowment fund "A"

(1) Goal

The goal of the university's endowment investment policy shall be to produce real growth in assets net of administrative and investment fees, by generating a total rate of return which is greater than, or equal to, the spending rate established by the university's endowment spending policy plus the rate of inflation. The university also elects to partially fund its development program via a fee to be taken annually from "A" pool assets.

(2) Uniform prudent management of institutional funds act of Ohio (UPMIFA)

The state of Ohio enacted UPMIFA by passing Amended House Bill 522, effective June 2009, providing standards for endowment investment management and spending. The university acknowledges its obligations under UPMIFA under the terms of paragraphs (A)(3) and (A)(4) of this rule.

(3) Guidelines

Investments in endowment fund "A" shall be made in accordance with investment guidelines approved by the investment committee and reviewed by it at least annually. Such guidelines shall require, at a minimum, that investments shall be diversified consistent with prudent investment management practices in accordance with asset allocation guidelines approved by the investment committee.

(4) Spending policy

The income distribution for endowment spending for fiscal year 2020 shall be 4.4 per cent times the previous twelve-quarter moving average of the market value.

The income distribution for endowment spending for fiscal year 2021 shall be 4.3 per cent times the previous twelve-quarter moving average of the market value.

The income distribution for endowment spending for fiscal year 2022 shall be 4.2 per cent times the previous twelve-quarter moving average of the market value.

The income distribution for endowment spending for fiscal year 2023 shall be 4.1 per cent times the previous twelve-quarter moving average of the market value.

The income distribution for endowment spending for fiscal year 2024 and thereafter shall be 4.0 per cent times the previous twelve-quarter moving average of the market value.

This formula shall be applied to the twelve quarters ending on December thirty-first prior to the fiscal year in question, so that final budget guidance on available income can be issued.

(B) Endowment fund "C"

Endowment fund "C" is comprised of neighborhood development corporation loans and certain strategic real estate investments previously included in endowment fund "A" in July 2016. Endowment fund "C" will be managed with the goals of (1) generating liquidity without sacrificing value; and (2) achieving the university's strategic goals including improving the safety of the areas adjacent to the university's main campus. Liquidity from endowment fund "C" assets will not be reinvested but instead used to buy new endowment fund "A" shares for the benefit of endowment fund "C" shareholders.

(C) Strategic community investments

Endowment funds may also be invested in loans, direct real estate or other investments not yielding a market rate of return, that are judged to be of a long term strategic importance to the university. Such investments shall be held separately from the endowment fund "A" and must be approved by the chair of the finance and administration committee and the president of the university, after notification to the full board of trustees. The total of such investments shall not exceed twenty-five million dollars at any time.

(D) Temporary investment pool

(1) Goal

The goal of the university's temporary investment pool ("TIP") investment policy shall be to invest operating funds and borrowed proceeds to provide, in order of priority, safety of principal, liquidity, and maximum total return consistent with safety and liquidity.

(2) Section 3345.05 of the Revised Code

(a) Pursuant to section 3345.05 of the Revised Code, all those charged with the responsibility to manage the investment of the TIP are fiduciaries required to discharge their duties with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims.

(b) Pursuant to division (C)(1) of section 3345.05 of the Revised Code, at least twenty-five per cent of the average amount of the TIP over the course of the previous fiscal year shall be invested in securities of the United States government or of its agencies or instrumentalities, the treasurer of the state of Ohio's pooled investment program, obligations of the state of Ohio, or any political subdivision of this state, certificates of deposit of any national bank located in this state, written repurchase agreements with any eligible Ohio financial institution that is a member of the federal reserve system or federal home loan bank, money market funds, or bankers acceptances maturing in two hundred seventy days or less which are eligible for purchase by the federal reserve system, as a reserve.

(c) Eligible funds in amounts in excess of those necessary to meet requirements of division (C)(1) of section 3345.05 may be pooled with other institutional funds and invested in accordance with section 1715.52 of the Revised Code.

(3) TIP investment guidelines

Investments in temporary investment pool shall be made in accordance with investment guidelines approved by the investment committee and reviewed by it at least annually. Such guidelines shall require, at a minimum, that investments shall be diversified consistent with prudent investment management practices in accordance with asset allocation guidelines approved by the investment committee.

(E) Donor directed investments

On occasion the university accepts an endowed gift where the donor places restrictions as to the investment held, yield target or type of investment. If the donor's directions are not unduly onerous, then the administrative investments committee shall accept the gift but shall attempt to influence the donor to permit pooling of the assets, either immediately or at some future date.

Last updated June 6, 2021 at 1:48 PM

History

  • Effective: February 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3361:20-41-02 Investments: policy for voting stockholder proxies.

(A) The administrative investments committee is responsible for voting shareholder proxies for university securities.

(B) Each designated signatory of the administrative investments committee is authorized to execute or cause to be executed shareholder proxies.

(C) The administrative investments committee may delegate to its investment advisers the authority to vote shareholder proxies, for securities under the adviser's management, in accordance with the adviser's best judgment, unless otherwise directed by the administrative investments committee or by the board of trustees.

(D) Proxies for which authority has not been delegated to an investment adviser shall be voted in accordance with the best judgment of the designated signatory of the administrative investments committee, unless otherwise directed by the administrative investments committee or by the board of trustees.

Last updated June 6, 2021 at 1:48 PM

History

  • Effective: October 20, 1999
  • Promulgated Under: 111.15
Ohio Adm.Code 3361:20-41-03 Investments: investment committee.

(A) Purpose

(1) The investment committee shall oversee the management of the university's endowment assets, subject to the investment policies stated in rule 3361:20-41-01 of the Administrative Code, which include the university's obligations under the uniform prudent management of institutional funds act of Ohio (UPMIFA), and such supplementary guidelines as may be approved by the finance and administration committee of the board of trustees.

(2) The investment committee shall oversee the management of the university's temporary investment pool ("TIP") in accordance with the provisions of section 3345.05 of the Revised, policies stated in rule 3361:20-41-01 of the Administrative Code, and such supplementary guidelines as may be approved by the finance and administration committee of the board of trustees.

(B) Voting membership

(1) Voting membership of the investment committee shall be no fewer than five and no more than ten persons, at least two-thirds of whom shall be active in the field of investment management, or have ten years' experience in the field of investment management, and at least two-thirds of whom shall have a close affiliation with the university. The field of investment management is defined by the work experience guidelines for membership in CFA institute.

(2) The chairperson of the board of trustees appoints members to the committee except as provided in paragraph (B)(3) of this rule.

(3) So long as the investments of the university of Cincinnati foundation are managed in one or more common investment pools with the investments of the university of Cincinnati, the board of trustees of the foundation may appoint the greater of three voting members of the committee, or the number of members approximately proportionate to foundation investments in the pools relative to total investments of the pools.

(4) Appointment terms are three years and will not exceed three successive terms.

(5) In making appointments, the chairperson of the board of trustees and the board of trustees of the university of Cincinnati foundation will consider the recommendations of the chairperson of the investment committee and the chief investment officer if those positions have incumbents.

(C) Ex officio members

The president, at his or her discretion, may appoint any or all of the following as nonvoting members of the committee: himself or herself; the senior vice president for administration and finance; the vice president for finance; the chief financial officer of the university of Cincinnati foundation; the controller of the university of Cincinnati foundation; and any three other employees of the university or the university of Cincinnati foundation.

(D) Chairperson

(1) The chairperson of the committee will be appointed from among the voting members by either the chairperson of the board of trustees or the board of trustees of the university of Cincinnati foundation, according to whether the university or the foundation has the greatest portion of investments in the common investment pool.

(2) In the event of a tie vote on an issue before the investment committee, the chairperson will cast the deciding vote.

(E) Chief investment officer

(1) The chief investment officer shall manage the university's endowment assets and that portion of the university's TIP not managed by the treasurer with the guidance, advice and oversight of the investment committee regarding policy and strategic direction.

(2) In appointing the chief investment officer, the president will consider the recommendations of the investment committee, and the investment committee will provide assessment of the performance of the chief investment officer to the senior vice president for administration and finance.

(F) Treasurer

(1) The treasurer shall manage that portion of the university's TIP needed to satisfy the day-to-day financial obligations of the university in amounts determined by the treasurer with the guidance, advice and oversight of the investment committee regarding policy and strategic direction.

(2) The treasurer shall be authorized to select, buy, and sell money market securities needed to invest that portion of the university's TIP needed to satisfy the day-to-day financial obligations of the university.

(G) Authorities

(1) Within the authority granted to the investment committee and such supplementary guidelines as may be approved by the investment committee, the chief investment officer, or his or her duly appointed designee subject to the terms and conditions of any delegation of authority, is authorized, without prior approval of the board of trustees or the investment committee, to approve, execute or otherwise enter into contracts or agreements, and modifications thereof and amendments thereto, and to take other actions to:

(a) Retain the services of specialized investment consultants for advice in asset allocation, performance measurement and other services which may be of value in the management of the university's endowment assets;

(b) Retain investment managers;

(c) Retain appraisers, brokers, consultants and such other financial advisers as may be necessary or advisable in the performance of his or her duties;

(d) Enter into custodial arrangements for the safekeeping of endowment securities or other assets;

(e) Buy or otherwise acquire, hold and sell or otherwise dispose of investments, including investment real estate, directly or through instructions to investment managers; and

(f) Request distributions from banks or other persons who act as third-party trustees for funds of which the university is a beneficiary to the full extent provided by law; and to correspond, communicate and, where applicable, give direction to such trustees on investment policies, asset allocation, and all other matters.

(2) The signature of the chief investment officer will be conclusive evidence of his or her authority to approve and execute any and all contracts, leases, deeds, certificates, instruments, delegations, and other documents as may be necessary or advisable to consummate transactions described in paragraph (F)(1) of this rule, and other transactions approved by the investment committee.

(3) The signature of the designee of the chief investment officer when accompanied by a written delegation of authority executed by the chief investment officer, will be conclusive evidence of such designee's authority to approve and execute such contracts, leases, deeds, certificates, instruments and other documents described in such delegation, during the absence, unavailability, or incapacity of the chief investment officer.

(4) All delegations of contracting authority by the chief investment officer pursuant to paragraph (F)(1) of this rule shall be in writing, shall identify the delegate by name, title and/or position of employment, shall describe the scope of the authority provided by the delegation, shall bear the signature of the chief investment officer, and shall expire on the earlier of: (a) the date of expiration contained in the written delegation, (b) the date of death or separation from employment with the university of the chief investment officer making the delegation, (c) the date of death or separation from employment with the university of the delegate, (d) the date written notice of revocation of the delegation signed by the chief investment officer is delivered to the delegate, or (e) the date that is three years from the date of the delegation. The chief investment officer shall provide copies of all such delegations to the board of trustees at the next regular meeting of the board following any such the delegation. No person receiving a delegation of authority from the chief investment officer may further assign or delegate to any other person all or any part of the delegated authority. No delegation of authority by the chief investment officer shall exceed the limits established herein.

(5) All contracts and other documents approved under paragraph (F) of this rule will be reviewed as to form by the office of the general counsel, and the signature of the chief investment officer will be conclusive evidence that such review has taken place.

(H) The investment committee or the chief investment officer will report to the finance and administration committee of the board of trustees:

(1) Quarterly on endowment fund investment performance;

(2) Annually on investment performance and long-range goals of the endowment fund "A", endowment fund "C", and of the university's TIP; and

(3) On other matters as the finance and administration committee requests or as the investment committee deems appropriate.

Last updated January 13, 2025 at 2:34 PM

History

  • Effective: April 28, 2017
  • Promulgated Under: 111.15

Chapter 3361:20-43 Payroll

Ohio Adm.Code 3361:20-43-11 Payroll: definition of academic year.

Except in the medical center where appointments are made on a twelve-month basis and some colleges where some faculty members are appointed in alternate years on a three-quarter teaching basis and receive a "Base Salary" which is earned over thirty-two weeks of the three regular academic quarters.

(A) Academic year: for the Clifton campus, the university has defined the basic academic year as three academic quarters containing a total of thirty-two weeks devoted to registration, instruction and examinations, etc. An exception to this is the academic year of the college of law which is composed of two semesters, containing a total of thirty-four weeks.

(B) Faculty compensation: from the standpoint of payment of salaries on grants and contracts the basic compensation of faculty members employed for a three quarter academic year is considered as earned during the thirty-two weeks mentioned above, even though it is paid in ten or twelve monthly installments. With few exceptions, such as evening college teaching, extra compensation may not be earned through the university during those periods in which the faculty member has full-time obligations to the university, i.e., during the thirty-two weeks of the basic academic year. In fact, governmental regulations prohibit the payment of extra compensation from federal funds to faculty members during this period.

Last updated June 8, 2021 at 8:20 AM

History

  • Effective: August 15, 2012
  • Promulgated Under: 111.15

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