Ohio Administrative Code 3335 — Ohio State University

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Chapter 3335-1 In General

Ohio Adm.Code 3335-1-01 Meetings of the board of trustees.

(A) Regular meetings. Unless otherwise specified by the chair, there shall be at least four regular meetings of the board of trustees each year. At such meetings any business related to the authority of the board of trustees may be discussed and transacted.

(B) Special and emergency meetings. Special and emergency meetings of the board of trustees shall be held upon call of the chair on his or her own initiative, or upon written request of five members of the board to the secretary. A specific statement of purpose for the special or emergency meeting shall be provided in accordance with state law.

(C) Notice of meetings. Unless otherwise specified, all meetings of the board shall be held at the Columbus campus of the Ohio state university at such date and time as is designated in the notice of meeting. Public notice of all meetings shall be given in accordance with the requirements of section 121.22 of the Revised Code. Any person may obtain information regarding the time, date, and location of all meetings by contacting the office of university communications or by visiting http://trustees.osu.edu.

(D) Order of business. Unless otherwise indicated in the meeting agenda, the order of business at all meetings of the board shall be as follows:

(1) Confirmation of quorum.

(2) Consideration of minutes of preceding meeting.

(3) Special presentations to the board.

(4) Report of the president of the university.

(5) Unfinished business, as needed.

(6) New business, as needed.

(7) Consideration and approval of action items.

(8) Adjournment.

(E) Quorum and manner of acting.

(1) In order to constitute a quorum for the transaction of business at a meeting of the board or a committee of the board, a majority of the voting members at such meeting shall be present in person or via means of live, audio-enabled communication, and at least one-third of those voting members shall be present in person. A trustee who attends a meeting via means of electronic communication is considered to be present at the meeting, is counted for purposes of establishing quorum, and may vote at the meeting.

(2) Except as otherwise provided in paragraph (E)(3) of this rule, the act of the majority of the voting members present at any such meeting at which a quorum is present shall be the act of the board of trustees or its committees. In the absence of a quorum, a majority of those present may adjourn the meeting from time to time until a quorum is had. Notice of any adjourned meeting need not be given.

(3) The concurrence of a majority of all of the board members shall be necessary to elect or to remove the president, or adopt, amend, or repeal a bylaw of the board of trustees.

(4) A roll call vote is necessary when electing or removing a president and when making a final vote to officially enact motions involving the expenditure of university funds. On all other matters, a voice vote may be conducted instead, unless there are voting members of the board or committee of the board attending such a meeting via live, audio-enabled communications. In such an event that voting members are joining via means of electronic communications, then a roll call vote must be taken for all votes, no matter the subject. If multiple roll call votes are to be held, they may be combined for efficiency where appropriate.

(F) Parliamentary authority. "Robert's Rules of Order, Newly Revised" (most recent edition), shall be accepted as authority on all questions of parliamentary procedure not determined by these bylaws or provisions of the Ohio Revised Code.

(G) Attendance. Consistent with the expectations set forth in section 3.17 of the Revised Code, every voting member of the board, the Wexner medical center board, and/or one of their committees shall, except for extraordinary reasons, attend all meetings of the board and/or their committees. When a voting member of the board or one of its committees cannot attend, the individual will so inform the board or committee chair and the secretary of the board of trustees with as much advance notice as possible and provide an explanation for the absence.

(1) Voting members of the board are required to attend at least one-half of the regular meetings of the board annually in person.

(2) A trustee who intends to attend a meeting via means of electronic communication is required to notify the secretary of the board of trustees and the board or committee chair of that intent not less than forty-eight hours before the meeting, except in the case of a declared emergency.

(3) All trustees are encouraged to attend meetings of the Wexner medical center board, whether they are members or not, to maximize effective and knowledgeable oversight by the university board of trustees.

(H) Executive session. Subject to the requirements of Ohio law, the board or a committee of the board may hold any portion of a regular, special or emergency meeting in executive session with participation limited to voting members of the board or the committee of the board. Other individuals may be invited to attend any or all portions of an executive session as deemed necessary by the board chair or committee chair.

Last updated December 14, 2022 at 8:46 AM

History

  • Effective: December 14, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-02 Members, officers and committees of the board.

(A) Members of the board of trustees.

(1) The board of trustees of the Ohio state university shall, as provided in section 3335.02 of the Revised Code, be comprised of seventeen trustees, including two student trustees, who shall be appointed by the governor, with advice and consent of the senate, with terms of office as articulated in the Ohio Revised Code.

(2) Student trustees. Student trustees provide valuable input and perspectives that deepen the board's understanding of the student experience at the university.

Student trustees shall have no voting privileges on the board of trustees, shall not be considered in determining whether a quorum is present, shall not be entitled to attend executive sessions of the board, and shall not be eligible to be officers of the board, but may otherwise participate in all activities of the board, including membership on committees. Student trustees who are members of board committees shall have voting privileges on those committees.

(3) Charter trustees. In order to take advantage of the diverse cultural, geographic, business, professional, public service and civic backgrounds, talents and experiences of friends and alumni of the Ohio state university who do not live in the state of Ohio, the position of charter trustee has been established, in accordance with the following guidelines:

(a) Charter trustees shall be non-Ohio residents and shall be chosen on the basis of the following attributes: Ohio state university alumna/alumnus or friend of the university; success in his or her chosen field or profession; state, national, or international prominence; ability to advocate for higher education; and willingness and ability to offer counsel.

(b) The board shall appoint no more than three charter trustees at any given time.

(c) Each charter trustee shall be appointed for one three-year term, commencing on May fourteenth and expiring on May thirteenth. The reappointment of a charter trustee is not automatic. Appointment and reappointment decisions will be made with consideration to the expertise needs of the overall board.

(d) Charter trustees shall have no voting privileges on the board of trustees, shall not be considered in determining whether a quorum is present, and shall not be eligible to be officers of the board, but will otherwise participate in all activities of the board, including membership on committees. Charter trustees who are members of board committees shall have voting privileges on those committees and shall be eligible to serve as committee chair or vice chair.

(e) Charter trustees shall be nominated by the talent, compensation and governance committee and shall be appointed, and may be removed before the conclusion of his or her term, by a vote of the board. Upon such appointment, the chair shall cause a letter of appointment to be delivered to the charter trustee, and a copy of the letter shall be delivered to the governor.

(4) Ethics and conflicts of interest. All trustees shall follow the protections of the public set forth in Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code. In addition, the board of trustees shall adopt and periodically review a policy on ethics and conflicts of interest to govern all members of the board of trustees, Wexner medical center board and their committees.

(5) Statement of expectations. The board of trustees shall adopt and periodically review a board statement of expectations, which shall address such topics as comportment among board members, with the university president and other internal constituents, and with external constituents.

(6) Indemnification. Trustees, charter trustees, and non-trustee committee members shall be entitled to legal defense and indemnification against any claims or liabilities which might arise from the performance of their duties on behalf of the Ohio state university to the fullest extent permitted by Ohio law.

(7) Reimbursement of expenses. All trustees, charter trustees, and non-trustee committee members shall be entitled to reimbursement for reasonable travel expenses incurred in attending meetings of a committee or of the board of trustees, or other meetings as a representative of the board, in accordance with university policy and Ohio law.

(B) Officers.

(1) Number. The officers of the board shall be a chair, one or more vice chairs, and a secretary. No officer of the board shall, at the same time, hold more than one board office. The board may elect such other officers as the board may deem necessary with such authority and responsibility as delegated to them by the board.

(2) Chair. The chair shall preside at all meetings of the board. Unless otherwise directed by the board, the chair shall have the authority to appoint members of and to fill vacancies on all standing and ad hoc committees and shall serve as an ex-officio member of all standing and ad hoc committees. Subject to these bylaws, the chair shall work with the secretary of the board of trustees to fix the date and time of all regular, special, and emergency meetings, shall sign the journal of all proceedings of the board, and perform such other duties as may pertain to this office.

(3) Vice chair. At the request of or in the absence or incapacity of the chair, the vice chair shall perform all the duties of the chair and, while so acting, shall have all the powers and authority of, and be subject to all the restrictions upon, the chair. In the event that there are multiple vice chairs, these powers and duties shall devolve upon the senior vice chair, based on length of service on the board, unless otherwise indicated by the board. In addition, the vice chair shall perform such other duties as may be assigned to him or her by the board or by the chair.

(4) Secretary. The board of trustees appoints the secretary of the board, establishes the qualifications for filling this role and conducts the annual performance evaluation for this position. The secretary reports functionally to the board and administratively to the university president. The responsibilities of the secretary, which are defined by the board as part of their oversight role, include:

(a) Serving as the key internal university liaison for the chair and the board;

(b) Communicating and interacting directly with the chair and the board to advance the strategic work of the board;

(c) Serving as the custodian of and being ultimately responsible for the preservation of all official records of the board;

(d) Serving as the custodian of the university seal and causing its imprint to be placed whenever and wherever appropriate;

(e) Overseeing the maintenance of the minutes of all meetings of the board and of committees of the board;

(f) Overseeing the operations of the office of the board of trustees; and

(g) Performing all other duties customary to the office or assigned by the chair or the board.

In the absence of the secretary, the associate secretary shall perform the duties of the secretary of the board and all official actions taken by the associate secretary shall be deemed authorized and approved by the board of trustees.

(5) Election, term of office, and qualifications.

(a) The chair and vice chair(s) of the board shall be elected annually by the board and shall take office at the adjournment of the final meeting of the fiscal year ending June thirtieth. They shall hold their office through the following final fiscal year meeting of the board of trustees or until their successors are elected and qualified, so long as they shall continue to be eligible to serve as officers.

(b) The chair and the vice chair(s) must be members of the board of trustees. The qualifications of all other officers shall be determined by the board.

(c) The chair shall be elected to a one-year term and may serve up to three consecutive terms as chair. Before the end of each term, the talent, compensation and governance committee shall conduct a review of the chair, and after consultation with the members of the board, shall recommend to the board whether the chair should be reelected for an additional term.

(d) The vote of a majority of all trustees then in office shall be necessary to elect or remove an officer of the board.

(C) Committees of the board.

(1) Standing committees of the board, the members of which shall be appointed annually by the chair, shall be constituted and shall consider and make recommendations for action by the board on the various matters enumerated as follows:

(a) Academic affairs, research and student life committee. The academic affairs, research and student life committee shall consider and make recommendations to the board regarding matters pertaining to the teaching, public service, and research programs and activities of the university, Wexner medical center, faculty, staff, and students. Matters to be brought before the committee may include, but shall not be limited to: teaching and learning; student success, support and well-being; faculty and staff matters; educational policy; academic structure and organization; student welfare and housing; collective bargaining; university faculty and student rules; conferring of degrees, certificates, awards, and other honors; the university system of Ohio; regional campuses; the Ohio agricultural research and development center; agricultural technical institute; the university's land-grant mission and extension programs; programs and activities related to research and creative inquiry; policies to support and enhance research and creative inquiry conducted at the university; the development and support of strategic internal and external relationships; outreach and engagement activities of the university's students, faculty, and staff; and any other matter assigned to the committee by the board or the chair of the board.

In addition to the trustees appointed to the committee, the committee shall also consist of at least one student trustee, up to two members of the university faculty, and up to two additional non-trustee committee members, with majority membership by trustees at all times.

(b) Finance and investment committee. The finance and investment committee shall consider and make recommendations to the board regarding matters pertaining to the financial, business, and administrative management of the university. Matters to be brought before the committee may include, but shall not be limited to: long-range financial planning; borrowing and investment policies and strategies; investment benchmarks and asset allocation; capital and operating budgets and policies; capital expenditure budgets and investment; financing related to real property transactions; financial reporting practices; issuance of debt; tuition and fees; endowment assets and advancement objectives; namings of university buildings and spaces; purchasing policies; insurance and self-insurance board appointments; efficiency and cost-savings efforts; managed health care systems; and any other matter assigned to the committee by the board or the chair of the board.

In addition to the trustees appointed to the committee, the committee shall also consist of at least one student trustee and up to three additional non-trustee committee members, with majority membership by trustees at all times.

(c) Talent, compensation and governance committee. The talent, compensation and governance committee shall provide oversight and counsel to the president regarding matters related to the senior leadership of the university, as determined by the board and the president, and make recommendations to the board regarding matters pertaining to the organization of the board and involvement and role of trustees. Matters to be brought before the committee may include, but shall not be limited to: roles and responsibilities of trustees and senior leadership positions; position specifications and necessary qualifications; compensation strategy and comparative data; transition plans; the board structure and operation; matters related to the trustees, non-trustee committee members and charter trustee selection process; trustee orientation; reviews of the president of the university and officers of the board; expectations regarding trustee comportment; organization of the board office; and any other matter assigned to the committee by the board or the chair of the board.

The committee shall consist of the chairs of each board committee and the vice chairs of the board. In addition to the trustees appointed to the committee, the committee may also consist of up to three additional non-trustee committee members, with majority membership by trustees at all times. The chair of the board may also appoint to this committee up to one current voting member of the board who formerly served as a board officer.

(d) Master planning and facilities committee. The master planning and facilities committee shall consider and make recommendations to the board regarding the university's physical environment to ensure they enable and advance the university's academic mission and strategic goals. The committee will serve as stewards of the campus master plans and district plans. Matters to be brought before the committee may include, but shall not be limited to: the review and recommendation for approval of the planning, design, and construction activity of the university, including the Wexner medical center; university master planning; development and maintenance of facilities; real property matters; security and infrastructure updates; and any other matter assigned to the committee by the board or the chair of the board.

In addition to the trustees appointed to the committee, the committee shall also consist of at least one student trustee and up to three additional non-trustee committee members, with majority membership by trustees at all times.

(e) Legal, audit, risk and compliance committee. The legal, audit, risk and compliance committee shall consider and make recommendations to the board regarding oversight of the university's legal, audit, risk, and compliance functions. Matters to be brought before the committee may include, but shall not be limited to: reports regarding significant legal, legislative, and regulatory matters and initiatives; potential and active litigation; oversight and monitoring of compliance programs and activities; university and Wexner medical center enterprise risk management programs and business continuity planning; approval and monitoring of affiliated entities; internal financial control systems and reporting; auditing of the university and related entity operations; internal audit policies, plans, and reports; selection of, and receiving reports from, independent auditors (in conjunction with the auditor of state); and any other matter assigned to the committee by the board or the chair of the board.

In addition to the trustees appointed to the committee, the committee shall also consist of at least one student trustee and up to three additional non-trustee committee members, with majority membership by trustees at all times.

(f) Athletics committee. The athletics committee shall consider and make recommendations to the board regarding oversight of the university's intercollegiate athletics programs and the actions taken to foster student-athlete success. Matters to be brought before the committee may include, but shall not be limited to: intercollegiate athletics programs and activities; student-athlete success, support, and well-being; reports regarding the operations of the organization, staffing, financial performance, and facilities for intercollegiate athletics operations; reports regarding significant structural, legal, and compliance developments impacting intercollegiate athletic activities; reviews and investigations related to intercollegiate athletic programs; and any other matter assigned to the committee by the board or the chair of the board.

In addition to the trustees appointed to the committee, the committee shall also consist of at least one student trustee and up to three additional non-trustee committee members, with majority membership by trustees at all times.

(g) Wexner medical center board. The university board of trustees retains ultimate sovereign power and authority over, and fiduciary responsibility for, all aspects of the mission and operations of the university, including its Wexner medical center. The university board of trustees nonetheless recognizes the important oversight role of its Wexner medical center board. The Wexner medical center board shall consider and make recommendations to the university board of trustees regarding matters set forth in the Wexner medical center board bylaws. The Wexner medical center board shall keep the university board of trustees and its committees apprised of, and make recommendations regarding, Wexner medical center matters. The university board of trustees and its committees shall consult and seek the input of the Wexner medical center board on the relevant strategic and operational matters that come before the university board of trustees.

Trustees who are members of the Wexner medical center board shall represent the interests of both boards during their service. Trustees, public members and ex-officio voting members of the Wexner medical center board shall be appointed by the chair of the university board of trustees in compliance with the procedure set forth in the Wexner medical center board bylaws.

(2) The chair and vice chair of each committee of the board shall be trustees or charter trustees.

(3) The chair of the university board of trustees shall appoint the chair, vice chair, and other trustee and non-trustee members of each committee. The board or the chair of the board may designate guidelines regarding non-trustee members of committees. Student trustee, charter trustee, and non-trustee committee members shall be voting members of the committees on which they serve.

(4) In addition to the committees enumerated in this bylaw, the board or the chair of the board may establish ad hoc committees and appoint the members thereof.

(5) Committees of the board of trustees have no independent decision-making authority, except for specific exceptions outlined in the Ohio state university Wexner medical center board bylaws. Any matter or resolution recommended by a committee of the board shall be presented to the board for its consideration.

(6) Except as provided in paragraph (B)(1) of rule 3335-93-01 of the Administrative Code, no trustee shall, during his or her term in office, serve as a director or officer or in any other capacity of any university affiliated entity or as a director, officer, or member or in any other capacity of any other university or related advisory or governance board, committee, or similar body, unless such service is approved by the chair of the board of trustees.

Last updated April 28, 2026 at 7:42 AM

History

  • Effective: April 28, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-01

(A) The Ohio state university Wexner medical center board ("University Wexner Medical Center Board") shall be the governing body responsible to the Ohio state university board of trustees ("University Board of Trustees") for operation, oversight, and coordination of the Ohio state university Wexner medical center consisting of the Ohio state university hospitals, (Ohio state university hospital, Ohio state university hospital east, Ohio state Richard M. Ross heart hospital, Ohio state Harding hospital, Ohio state brain and spine hospital, and Ohio state university rehabilitation services at Dodd hall) and the Ohio state James cancer hospital and Solove research institute ("The James") and other such clinical health care enterprises, including without limitation to ambulatory services and outpatient health care facilities, clinics, the faculty group practice, primary and specialty practices, university Wexner medical center signature programs, and clinical laboratories.

Although the Ohio state university board of trustees has the fiduciary and legal responsibility for the Wexner medical center, the Ohio state university board of trustees acknowledges the important contributions and role of the Wexner medical center board. The complexity and scope of the Wexner medical center makes the focused oversight of the Wexner medical center board particularly helpful to the Ohio state university board of trustees. To assure clarity of roles and maximize the benefit of this structure, the Wexner medical center board shall be responsible for providing input and recommendations regarding the development and strategic allocation of resources, planning and delivery of medical services, and such other powers and duties as detailed in rule 3335-93-02 of the Administrative Code, subject to the ultimate authority of the university board of trustees.

(B) The university Wexner medical center board shall be composed of up to twenty-two voting members:

(1) Up to six members of the university board of trustees, including one student trustee, appointed annually by the chair of the university board of trustees and ratified by the university board of trustees;

(2) Up to eleven public members appointed annually by the chair of the university board of trustees in consultation with the university president, the chair of the Wexner medical center board, the executive vice president and chief executive officer and the chair of the university board of trustees' governance committee and ratified by the university board of trustees; and

(3) Five ex-officio voting members consisting of:

(a) The chair of the university board of trustees;

(b) The university president;

(c) The executive vice president and chief executive officer;

(d) The university senior vice president and chief financial officer; and

(e) The university executive vice president and provost.

(C) The selection criteria for public members shall ensure that the university Wexner medical center board membership will include persons with a broad array of skill sets, perspectives, backgrounds, including knowledge in health care delivery, sophisticated business expertise, prior board service, and/or persons who can assist the university Wexner medical center in its outreach to and relationships with the public, communities, and patients served, and governmental entities to ensure optimal operations and advancement of the university Wexner medical center's strategic mission, vision, and goals. Membership shall be national in scope and the selection processes shall incorporate the diversity policies of the university.

Last updated June 2, 2026 at 10:05 AM

History

  • Effective: June 2, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-03 Administration of the university.

(A) The president.

(1) The president shall be the chief executive officer of the Ohio state university and shall be responsible for the entire administration of the university, subject to control of the board of trustees. The president shall lead in fostering and promoting education, research and outreach as the primary aims of the university. It shall be the duty of the president to enforce the bylaws, rules and regulations of the board of trustees, and, as a member of the faculty, to interpret to the board proposals and actions of the faculty. The president is hereby clothed with the authority requisite to that end.

(2) The president shall be a voting member of all college faculties, of the graduate school faculty, and of the faculty of the arts and sciences, and shall be a voting member and presiding officer of the university faculty and of the university senate. The president shall appoint all committees of the university faculty and of the university senate, unless membership has been designated by rule.

(3) After consultation with the steering committee of the university senate, the president may recommend to the board of trustees candidates for honorary degrees. The number of candidates so recommended shall be limited to eight per calendar year. This right and its limitation in no way abrogates the power of the university senate to recommend candidates for honorary degrees (rule 3335-5-41 of the Administrative Code).

(B) Executive vice president and provost. The executive vice president and provost shall, under the direction of the president, be responsible for and have the requisite authority for the oversight of all academic programs and other instructional and faculty affairs of the university, and shall be the chief academic officer of the university. The fifteen colleges shall have a solid line reporting structure to the executive vice president and provost. The executive vice president and provost shall report to the president.

(C) Executive vice president and chief executive officer of the Wexner medical center. The executive vice president and chief executive officer of the Wexner medical center shall, under the direction of the president, be responsible for and have the requisite authority for the oversight of the institution's healthcare enterprise, including the planning and delivery of medical services, patient safety and satisfaction, operation, oversight and coordination of all clinical entities, the development and strategic allocation of resources, budgeting and fiscal performance, philanthropic performance, and hiring and review of Wexner medical center executive performance. The executive vice president and chief executive officer of the Wexner medical center and the executive vice president and provost will cooperate to coordinate clinical activities of the health sciences colleges in order to align strategic efforts of the Wexner medical center and academic affairs. Specifically, for clinical-related components, the college of medicine shall have a solid line reporting structure, and the remainder of the health sciences colleges shall have a dotted line reporting structure, to the executive vice president and chief executive officer. The executive vice president and chief executive officer shall have oversight of the comprehensive cancer center. The executive vice president and chief executive officer shall report to the president with a dotted line reporting relationship to the Wexner medical center board to enable communication and consultation with the Wexner medical center board.

(D) Senior vice president for business and finance and chief financial officer. The senior vice president for business and finance and chief financial officer shall, under the direction of the president, be responsible for and have the requisite authority for the administration of the university's business, financial and administrative operations. The senior vice president for business and finance and chief financial officer shall report to the president and, as appropriate, shall consult with the executive vice president and provost.

(E) Senior vice president and general counsel. The senior vice president and general counsel shall serve as the chief legal advisor to the president, board of trustees, and university, including its Wexner medical center. The senior vice president and general counsel shall also be appointed an assistant attorney general for the state of Ohio by the Ohio attorney general. The senior vice president and general counsel shall report to both the board of trustees and the university president.

(F) Faculty and staff. Within parameters set forth by action of the board of trustees, the president and/or his or her designee(s) shall have the authority to appoint and set the compensation for such other administrative officers, faculty and staff as are necessary to carry out effectively the operation of the university and delegate functions to them with the authority necessary for their proper discharge.

(G) Delegation of authority. Any authority or responsibility of the president may be delegated by the president to any other member of the faculty or staff of the university, subject to any limitations set forth by action of the board of trustees. Although the president may delegate authority to appropriate officials, the president will retain final authority and responsibility for administration of the university and the Wexner medical center. Delegation of major areas of authority or responsibility shall be in writing and shall be reported to the board of trustees prior to implementation.

(H) President's cabinet. The president shall convene a president's cabinet that will consist of such members as designated by the president. The primary responsibilities of the president's cabinet shall be to provide advice and counsel to the president, to discuss, deliberate and serve as the primary decision-making body on major university policy issues, information sharing, and such other roles as the president shall determine.

(I) Principal administrative officials. The term "principal administrative official" shall include the members of the president's cabinet, the deans of the colleges and the dean and directors of regional campuses and their designated staffs, the director of the university libraries, chairs of academic departments, directors of schools and academic centers, and such other administrative officials as determined by the president.

Last updated March 20, 2024 at 8:58 AM

History

  • Effective: March 20, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-41

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

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

(1) to establish the educational and academic policies of the university,

(2) to recommend the establishment, abolition, and alteration of educational units and programs of study,

(3) to recommend to the board of trustees candidates for honorary degrees,

(4) to recommend candidates for degrees and certificates (which power shall be reserved to the faculty and administrative members of the university senate).

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

History

  • Effective: July 1, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-04 University faculty.

(A) University faculty; membership.

(1) As used in university bylaws and in the "Rules of the University Faculty," the term faculty shall include persons with regular tenure-track, regular clinical, regular research, auxiliary, and emeritus faculty titles on full or part-time appointments with or without salary.

(2) For purposes of the legislative authority described in paragraph (B) of this rule, the term university faculty shall mean all regular tenure-track faculty, the president, members of the president's cabinet, the deans of the colleges and of the graduate school, the executive dean of the colleges of the arts and sciences, and the dean for undergraduate education.

(B) University faculty; powers.

(1) The legislative authority to establish educational and academic policies of the university is vested in the university faculty, subject to the approval of the board of trustees. In this connection, the university faculty shall have the authority, subject to the approval of the board of trustees, to adopt rules to effectuate the educational and academic policies of the university. It shall also act upon all matters of routine faculty business in pursuance of already established university policies and shall recommend to the board of trustees candidates for honorary degrees.

(2) The university faculty may delegate any or all of its authority and responsibility to a university senate if such senate is established by rule and approved by the board.

(C) Graduate faculty. There shall be established a graduate faculty with such membership and having such authority and responsibility as provided by rule promulgated by the university faculty or university senate and approved by the board.

(D) College and department or school faculties. There shall be established college and department or school faculties with such membership and having such authority and responsibility as provided by rule promulgated by the university faculty or university senate and approved by the board.

History

  • Effective: November 4, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-05 University organization.

(A) University organization. For the purpose of administering the various programs of the university, there shall be established educational and administrative units within the university. All educational units, except academic centers as outlined in rule 3335-3-36 of the Administrative Code, of the university shall be established, altered, or abolished only on vote of the board of trustees.

(B) Basic educational organization of the university. The basic organization of the educational units of the university shall be departments, divisions, schools, academic centers, colleges, regional campuses, the graduate school, and the agricultural technical institute.

(1) Schools, departments, and divisions. The unit of the university for instruction, research, and extension in a defined field of learning is the school, department, or division.

(2) Academic centers. The unit of the university for research, instruction, or related service which crosses department, division, school, or college boundaries is the academic center.

(3) Colleges and graduate school. For educational administration the university shall be organized into a graduate school and fifteen colleges. The fifteen colleges are: the college of arts and sciences, the college of food, agricultural, and environmental sciences, the Max M. Fisher college of business, the college of dentistry, the college of education and human ecology, the college of engineering, the Michael E. Moritz college of law, the college of medicine, the college of nursing, the college of optometry, the college of pharmacy, the John Glenn college of public affairs, the college of public health, the college of social work, and the college of veterinary medicine.

(4) Graduate school. The graduate school shall consist of: those members of the university faculty who are approved to give graduate instruction; a graduate faculty; the research and graduate council; and an administration composed of a curriculum committee, an executive committee, the dean, the secretary and such other administrative officers as are necessary to carry out the responsibilities of the graduate school.

(5) Regional campuses. There shall be four regional campuses of the university located at Lima, Mansfield, Marion, and Newark, Ohio.

(6) Agricultural technical institute. The unit of the university for instruction leading to the associate of applied science degree in the agricultural technologies is the agricultural technical institute (Wooster). Regarding matters of administration and operation, the agricultural technical institute shall function as a school in the college of food, agricultural, and environmental sciences.

Last updated September 27, 2021 at 8:24 AM

History

  • Effective: September 27, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-36

(A) Definition of an academic center (institute).

An academic center is a non-degree granting educational unit of the university engaged in research; instruction; or clinical, outreach, or related service. An academic center is defined by its mission and scope, not its title, and may be described as a center, institute, laboratory, or similar term. Use of "center" or "institute" in the names of proposed units of the university shall be limited to academic centers, unless otherwise approved by the council on academic affairs. Academic centers are of two broad types: university centers and college centers.

University centers typically will have a substantial research/scholarship component to their mission, but also may be involved in instruction, and/or related service. Their internal funding (initial and continuing) is drawn fully, or in large part, from central university funds (e.g. office of the president, office of academic affairs, office of research). The leadership of the center will report to one or more of those offices.

College centers typically will have some mix, with variable emphases, of research/scholarship, instruction, service, clinical or outreach missions. Internal funding (initial and continuing) is drawn fully, or in large part, from one college or a small set of colleges. The leadership of the center will report to one dean or a small set of deans.

(B) Establishment, reporting, and oversight.

(1) Establishment of university centers

Proposals for university centers will be developed following the "guidelines for the establishment and review of academic centers" and submitted to the office of academic affairs for action.

The chair of the council on academic affairs (CAA), the executive vice president and provost's designee to that council, and the chair of the university research committee (URC) will review the proposal to ensure adherence to the guidelines and determine if it includes a substantial research component.

If so, a "centers subcommittee" of the council, supplemented with membership from URC, will review the proposal and bring a recommendation for action to CAA. If a substantial research component does not exist, the special subcommittee of the council (without URC involvement) will review the proposal and bring a recommendation for action to CAA.

If approved by CAA, the proposal will be sent to the university senate for final approval. That action will be communicated to the board of trustees.

(2) Establishment of college centers.

Each college will have a template for the establishment and review of centers that will be included in the college pattern of administration. Copies of college templates also will be maintained in the office of academic affairs (OAA). Proposals will be developed with adherence to the template, and submitted to the dean(s) of the college(s).

No review/action by CAA is required. The dean(s) will inform the OAA of the establishment of such a center. OAA will inform CAA, resulting in official institutional notification.

The office of academic affairs shall maintain a register of all academic centers and appropriate records concerning each one.

(3) Curricula and faculty affiliation.

Although neither university nor college centers may establish independent course offerings and degree programs, they may participate in cooperative programs involving course offerings and degree programs within existing academic units. With the approval of the council on academic affairs, the faculty of a school or college may delegate to an academic center the authority to offer courses or degree programs established under the auspices of that school or college. Proposals for any such courses or programs must be forwarded to the office of academic affairs with the signature approval of the appropriate school or college which must retain ultimate authority and responsibility for the courses or degree programs.

Faculty and staff may affiliate with the academic center under procedures approved by its oversight committee. Academic centers shall not serve as tenure initiating units.

(4) Administration.

An academic center shall be administered by a director who shall be appointed by and report to the dean, relevant vice president(s) or deans of the pertinent college(s).

(5) Oversight.

Each university and college center shall have an oversight committee, at least two-thirds of whose members are tenure-track faculty from the academic units involved in the center. The director shall consult regularly with the oversight committee.

The director of each academic center shall develop in conjunction with the oversight committee a pattern of administration for the center.

(6) Review process.

All university centers will be reviewed two years after initial establishment and at four-year intervals thereafter. The centers subcommittee of CAA will conduct the review following the "guidelines for the establishment and review of centers" and bring a recommendation for action to CAA. The range of actions include: continuation, conditional continuation with a follow-up in less than four years, and termination.

All college centers will be monitored through annual reports to the college dean(s). Should significant change to a center occur, or a decision be made to abolish a center, notification of that decision will be made to the office of academic affairs and through it to CAA.

(7) Previously established centers.

All existing academic centers established outside of this rule shall be reviewed under the requirements of this rule. Those not in compliance with the rule shall be allowed one additional year to make appropriate adjustments to allow for their continuation.

Note: the request of any established center seeking to move from one type to another must be reviewed and approved by CAA.

(C) Conditional use of the term "center."

Start-up centers are permitted. Following submission of a formal request by a vice president or dean and expedited review and approval by CAA, the term "center" may be used related to external or central funding possibilities. That action will be communicated directly to the board of trustees. Should funding not be secured within one year, the unit must request from CAA an extension of the use of the term. Once funding is secured, the appropriate process for establishment of a university or college center must be initiated within one year.

Last updated September 20, 2022 at 8:50 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-06 Instruction.

(A) The university year. The university year shall be divided into two semesters and a summer session with further definition as provided by rule promulgated by the university faculty or university senate and approved by the board.

(B) Admission requirements. Admission requirements, including admission to advanced standing, for entrance into the university shall be adopted by the board of trustees upon recommendation of the appropriate faculty and the approval of the university senate or the university faculty.

(C) Courses and curricula. The establishment, alteration and abolition of courses and curricula shall follow the procedures outlined by rule of the university faculty or university senate, as the rule is approved by the board of trustees, and shall be subject to review by the president and by the board (see section 3335.09 of the Revised Code).

(D) Graduation requirements. The requirements for graduation from the university shall be adopted by the board of trustees upon recommendation of the appropriate faculty and approval of the university senate or the university faculty.

(E) Degrees and certificates.

(1) Degrees and certificates shall be awarded by the board of trustees upon recommendation of the university senate or the university faculty, transmitted to the board by the president.

(2) All diplomas issued to those receiving degrees from the university shall be signed by the chair, the secretary of the board of trustees and by the president of the university.

History

  • Effective: November 26, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-08 Miscellaneous.

(A) Budget. The annual budget, as adopted by the board of trustees and as amended from time to time, shall govern all transactions involving the financial obligations of the university. The budget shall be comprised of classifications in accordance with the budget and financial reporting system adopted by the state of Ohio.

(B) Appearance before governmental offices, boards and agencies. Subject to specific control by the board of trustees, the preparation and presentation of requests for appropriations from the state of Ohio and all official dealings on behalf of the university with all federal, state and local government offices, boards and agencies shall be under the direction of the president of the university or his or her designee. Unauthorized appearances before federal, state or local government offices, boards and agencies are hereby prohibited.

(C) Non-discrimination. The Ohio state university is committed to building and maintaining a diverse community to reflect human diversity and improve opportunities for all. The university is committed to equal opportunity and eliminating discrimination. This commitment is both a moral imperative consistent with an intellectual community that celebrates individual differences and diversity, as well as a matter of law. The Ohio state university does not discriminate on the basis of age, ancestry, color, disability, gender identity or expression, genetic information, HIV/AIDS status, military status, national origin, race, religion, sex, sexual orientation, or veteran status in its programs, activities, employment, and admission.

(D) Naming of university buildings. University buildings and structures shall be named by the board of trustees following recommendations submitted by the president and the appropriate faculty or other group. Buildings and structures shall not be named for any person who is an officer or employee of the university or the state of Ohio, but may be named for a person who has been retired or has otherwise left such a position for a minimum of three years.

(E) Notwithstanding any rule of the university to the contrary, the president or his or her designee, may adopt, amend, administer, and terminate as appropriate a policy regarding furloughs for faculty, staff, and/or other employees. Any action to implement furloughs that apply to faculty, staff, and/or other employees throughout the university must be presented to the board of trustees for its consideration and approval prior to its implementation. This policy shall apply to and may be used in circumstances that are separate and apart from university-wide financial exigency as set forth in rules 3335-5-02.1 to 3335-5-02.3 of the Administrative Code.

Last updated April 28, 2026 at 7:42 AM

History

  • Effective: April 28, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02.1

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

(B) Mechanism of determination.

(1) In the event of an imminent financial crisis, as announced and defined by the president to the university senate, the president will solicit the recommendations of the fiscal committee, as provided for under rule 3335-5-48.11 of the Administrative Code, to ascertain whether a determination of financial exigency is warranted.

(2) The fiscal committee, acting in accordance with rule 3335-5-48.11 of the Administrative Code, shall have the responsibility to:

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

(b) Assess whether the crisis would reduce the quality of the academic programs of the university as a whole to an unacceptable degree and would render the university unable to meet its obligations to the public.

(c) Ascertain the extent to which consolidation or elimination of some administrative offices and services or reductions in operating and equipment budgets would alleviate the crisis.

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

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

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

(g) Monitor the financial condition of the university during a state of financial exigency.

(3) Upon receipt of the report of the fiscal committee, the university senate shall make its recommendations as to whether there should be a determination of financial exigency.

(4) Upon receipt of the recommendations of the fiscal committee and the university senate, the president will notify the university community and the university senate of the administration's analysis and proposed response to the financial situation, allowing an opportunity to respond to questions and to solicit advice and opinions.

(5) In the event that the recommendations of the university senate and the president differ substantially on recommending determination of financial exigency to the board of trustees, recommendations of both shall be forwarded to the board, which has final responsibility for the determination of financial exigency. No further establishment of financial exigency will be required for one year at which time the full procedures must be invoked again.

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

(1) Upon determination of a state of financial exigency and upon receipt from the executive vice president and provost of proposals, prepared in consultation with the college faculties, for curtailment of academic programs to alleviate financial exigency, the council on academic affairs shall review the proposals.

(2) For the purpose of this review, the council is to be an advisory committee to the president and is to report the results of its review both to the president and to the university senate.

(3) For this review, the council shall be chaired by a tenured faculty member of the council. If neither the chair nor the vice chair of the council is a tenured faculty member of the council, then a tenured faculty member of the council shall be elected to act as chair of the council for the review of these proposals and for the submission of results to the president and to the university senate.

(4) In the conduct of its review, the council is authorized to:

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

(b) Request or initiate changes in the proposals and seek concurrence of appropriate administrators. In the event of non-concurrence, the council will note any points of disagreement.

(5) All proposals are to be reviewed both individually and as a coordinated set.

(6) In the review, the council shall:

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

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

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

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

(e) Determine that the proposals consider the effect upon students whose faculty advisers are reassigned or terminated and students whose field of study would be eliminated;

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

(g) Determine that the proposals take into account the quality of relevant programs.

(7) The council shall conduct a hearing or hearings at which appropriate administrators, faculty members, and students are invited to testify.

(8) Within sixty days of the receipt of the proposals or such time as the president may designate, the council shall submit its report to the president and the university senate.

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

Last updated September 22, 2023 at 1:50 PM

History

  • Effective: July 25, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02.3

(A) Scope and construction

(1) A tenured faculty member who has received a notice of termination because of financial exigency shall have the right to a hearing before a faculty hearing panel.

(2) The responsibility for presenting the formal appeal and for responding to the hearing panel's requirements at all stages rests with the faculty member bringing the complaint ("the complainant").

(3) The determination of financial exigency or the decision to eliminate a tenure initiating unit shall not constitute grounds for an appeal.

(4) An appeal may be made only on the basis of a complaint over the interpretation or implementation of paragraphs (B) to (D) of rule 3335-5-02.2 of the Administrative Code. In considering complaints over implementation of the aforementioned rules, the hearing panel shall consider only whether those individuals making the decisions followed the appropriate procedures and considered the important evidence material to a fair determination.

(B) The faculty hearing committee.

(1) Written notice of intention to appeal shall be given by the complainant within thirty days of the receipt of a termination notice. An additional thirty days will be allowed for the complainant to submit the formal appeal. The notice of intention to appeal and the formal appeal will be submitted to the executive vice president and provost and to the chair of the faculty hearing committee,

(2) In response to each notice of intention to appeal, the faculty hearing committee shall select a hearing panel of tenured faculty members according to the provisions of rule 3335-5-48.10 of the Administrative Code. The hearing panel shall begin its review of the case not earlier than thirty days and no later than sixty days from receipt of the notice of intention to appeal, except by mutual consent of the complainant and the chair of the faculty hearing committee.

(3) The hearing panel shall conduct an investigatory proceeding in accordance with the following provisions:

(a) The proceeding shall not be adversarial in nature. The proceeding shall be an investigation leading to a report on whether or not those individuals making the decision followed the appropriate procedures and considered the important evidence material to a fair determination.

(b) The complainant shall have the right to be present at any hearing before the panel where testimony is taken concerning the complainant's case and to bring an adviser. No formal transcript of the hearing need be made unless requested by the complainant.

(c) The complainant shall state the case in writing and shall have the opportunity to present the case in person to the hearing panel and to offer any evidence in support of the claim.

(d) The person or persons responsible for the decision may be called upon by the hearing panel to demonstrate that the important and material evidence was considered.

(4) At the conclusion of the hearing, the hearing panel shall either dismiss the complaint or support the complaint. In either case, the panel shall record its findings in writing, providing specific responses to each charge made by the complainant, summarizing the evidence and rationale which led the panel to its decision. These findings shall be reported to the administrative officer of the tenure initiating unit, to the dean of the college in which the complainant is a member, to the executive vice president and provost, and to the complainant.

(5) The hearing panel shall recommend to the executive vice president and provost and to the president either that the complaint be dismissed or that corrective action be taken.

(6) Within thirty days of the receipt of the panel's decision, the executive vice president and provost shall respond in writing to the hearing panel and to the complainant stating what action has been recommended and the reasons therefore.

(7) All written documents and recorded testimony obtained by the hearing panel shall be made available to the complainant upon request.

(C) The president

(1) After receipt of the hearing panel's recommendations under paragraph (B)(5) of this rule, and the executive vice president and provost's recommendations under paragraph (B)(6) of this rule, the president shall review the matter and take whatever action is deemed appropriate.

(2) All decisions of the president under this procedure shall be provided in writing to the hearing panel, the executive vice president and provost, and the complainant.

Last updated September 22, 2023 at 1:50 PM

History

  • Effective: May 23, 1999
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-09 Bylaws, rules and regulations; their promulgation, amendment and repeal.

(A) Statement of purpose. The foregoing bylaws are intended to provide a general framework for the functioning of the board of trustees as a governing body and for the organization, administration and operation of the Ohio state university. Detailed rules and regulations for the organization, administration and operation of the university may be promulgated, amended and repealed by the board of trustees upon its own initiative or upon the recommendation of the university faculty or the university senate.

(B) Rules and regulations; promulgation, amendment and repeal.

(1) The university faculty (either directly or through the university senate) is authorized to recommend through the president to the board of trustees the adoption of detailed rules and regulations for the university faculty. If adopted, these rules shall be called "rules of the university faculty" and shall be amended or repealed under the procedures outlined in this rule.

(2) The university faculty (either directly or through the university senate) is also authorized to make recommendations through the president to the board of trustees concerning the promulgation, amendment or repeal of the other rules and regulations for the university.

(C) Rules and regulations; vote by board of trustees. The rules and regulations for the university, including the "rules of the university faculty," may be adopted, amended or repealed by a majority vote of the board of trustees at any regular meeting of the board, the notice of which having specified that promulgation, amendment or repeal of the rules and regulations for the university is to be considered.

(D) Bylaws; adoption, amendment and repeal. Bylaws may be adopted, amended or repealed by a majority vote of the entire board of trustees at any regular meeting of the board, the notice of which having specified that amendment or repeal of the bylaws is to be considered.

(E) Bylaws; recommendations as to adoption, amendment or repeal. The university faculty or the university senate is authorized to make recommendations through the president to the board of trustees concerning the adoption, amendment or repeal of these bylaws.

(F) Previous enactments of the board. Nothing contained within these bylaws shall invalidate any lawful action taken under any bylaw, resolution, rule, policy or other legal authority for the government of the university previously enacted by the board of trustees.

(G) To the extent that any of these bylaws may be inconsistent with the Ohio Revised Code, the code shall control.

Last updated April 28, 2026 at 7:42 AM

History

  • Effective: April 28, 2026
  • Promulgated Under: 111.15

Chapter 3335-3 Duties of University Leadership

Ohio Adm.Code 3335-3-01 President.

(A) The president shall be the chief executive officer of the Ohio state university subject to the control of the board of trustees (BOT). Duties, authority and rights are as specified in the BOT bylaws, paragraph (A) of rule 3335-1-03 of the Administrative Code.

(B) Any responsibility of the president may be delegated to any other member of the faculty or staff of the university, subject to any BOT limitations. The president will retain final authority and responsibility for administration of the university. Delegation of major areas shall be in writing to the BOT before implementation as specified in paragraph (F) of rule 3335-1-03 of the Administrative Code.

(C) The president shall designate a president's planning cabinet. The cabinet shall provide advice and counsel to the president, to discuss, deliberate and serve as the primary decision-making body on major university policies, information sharing, and other roles as the president shall determine, as specified in paragraph (G) of rule 3335-1-03 of the Administrative Code.

(D) Principal administrative officials shall include the members of the president's cabinet, the deans of the colleges and the dean and directors of regional campuses and their designated staffs, the dean of the university libraries, chairs of academic departments, directors of schools and academic centers, and such other administrative officials as determined by the president, as specified in paragraph (H) of rule 3335-1-03 of the Administrative Code.

Last updated September 25, 2023 at 8:28 AM

History

  • Effective: September 25, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-03

(A) The president.

(1) The president shall be the chief executive officer of the Ohio state university and shall be responsible for the entire administration of the university, subject to control of the board of trustees. The president shall lead in fostering and promoting education, research and outreach as the primary aims of the university. It shall be the duty of the president to enforce the bylaws, rules and regulations of the board of trustees, and, as a member of the faculty, to interpret to the board proposals and actions of the faculty. The president is hereby clothed with the authority requisite to that end.

(2) The president shall be a voting member of all college faculties, of the graduate school faculty, and of the faculty of the arts and sciences, and shall be a voting member and presiding officer of the university faculty and of the university senate. The president shall appoint all committees of the university faculty and of the university senate, unless membership has been designated by rule.

(3) After consultation with the steering committee of the university senate, the president may recommend to the board of trustees candidates for honorary degrees. The number of candidates so recommended shall be limited to eight per calendar year. This right and its limitation in no way abrogates the power of the university senate to recommend candidates for honorary degrees (rule 3335-5-41 of the Administrative Code).

(B) Executive vice president and provost. The executive vice president and provost shall, under the direction of the president, be responsible for and have the requisite authority for the oversight of all academic programs and other instructional and faculty affairs of the university, and shall be the chief academic officer of the university. The fifteen colleges shall have a solid line reporting structure to the executive vice president and provost. The executive vice president and provost shall report to the president.

(C) Executive vice president and chief executive officer of the Wexner medical center. The executive vice president and chief executive officer of the Wexner medical center shall, under the direction of the president, be responsible for and have the requisite authority for the oversight of the institution's healthcare enterprise, including the planning and delivery of medical services, patient safety and satisfaction, operation, oversight and coordination of all clinical entities, the development and strategic allocation of resources, budgeting and fiscal performance, philanthropic performance, and hiring and review of Wexner medical center executive performance. The executive vice president and chief executive officer of the Wexner medical center and the executive vice president and provost will cooperate to coordinate clinical activities of the health sciences colleges in order to align strategic efforts of the Wexner medical center and academic affairs. Specifically, for clinical-related components, the college of medicine shall have a solid line reporting structure, and the remainder of the health sciences colleges shall have a dotted line reporting structure, to the executive vice president and chief executive officer. The executive vice president and chief executive officer shall have oversight of the comprehensive cancer center. The executive vice president and chief executive officer shall report to the president with a dotted line reporting relationship to the Wexner medical center board to enable communication and consultation with the Wexner medical center board.

(D) Senior vice president for business and finance and chief financial officer. The senior vice president for business and finance and chief financial officer shall, under the direction of the president, be responsible for and have the requisite authority for the administration of the university's business, financial and administrative operations. The senior vice president for business and finance and chief financial officer shall report to the president and, as appropriate, shall consult with the executive vice president and provost.

(E) Senior vice president and general counsel. The senior vice president and general counsel shall serve as the chief legal advisor to the president, board of trustees, and university, including its Wexner medical center. The senior vice president and general counsel shall also be appointed an assistant attorney general for the state of Ohio by the Ohio attorney general. The senior vice president and general counsel shall report to both the board of trustees and the university president.

(F) Faculty and staff. Within parameters set forth by action of the board of trustees, the president and/or his or her designee(s) shall have the authority to appoint and set the compensation for such other administrative officers, faculty and staff as are necessary to carry out effectively the operation of the university and delegate functions to them with the authority necessary for their proper discharge.

(G) Delegation of authority. Any authority or responsibility of the president may be delegated by the president to any other member of the faculty or staff of the university, subject to any limitations set forth by action of the board of trustees. Although the president may delegate authority to appropriate officials, the president will retain final authority and responsibility for administration of the university and the Wexner medical center. Delegation of major areas of authority or responsibility shall be in writing and shall be reported to the board of trustees prior to implementation.

(H) President's cabinet. The president shall convene a president's cabinet that will consist of such members as designated by the president. The primary responsibilities of the president's cabinet shall be to provide advice and counsel to the president, to discuss, deliberate and serve as the primary decision-making body on major university policy issues, information sharing, and such other roles as the president shall determine.

(I) Principal administrative officials. The term "principal administrative official" shall include the members of the president's cabinet, the deans of the colleges and the dean and directors of regional campuses and their designated staffs, the director of the university libraries, chairs of academic departments, directors of schools and academic centers, and such other administrative officials as determined by the president.

Last updated March 20, 2024 at 8:58 AM

History

  • Effective: March 20, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-02 Executive vice president and provost.

(A) The executive vice president and provost shall be the chief operating officer of the university. Under the direction of the president, the executive vice president and provost is responsible for oversight of all academic programs, instructional affairs and faculty affairs of the university. Duties, authority and rights are as specified in paragraph (B) of rule 3335-1-03 of the Administrative Code.

(B) Any responsibility of the executive vice president and provost may be delegated to any other member of the faculty or staff of the university, subject to any university limitations. The executive vice president and provost will retain final authority and responsibility for operations of the university. Delegation of major areas shall be in writing to the president before implementation.

(C) The executive vice pres ident and provost shall designate a senior management council. The council shall provide advice to the provost, discuss, deliberate and serve as the primary decision-making body on academic or university policies and other roles as the provost shall determine. The provost shall chair a council of deans as prescribed in rule 3335-3-23 of the Administrative Code.

Last updated September 20, 2022 at 8:44 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-23

(A) The executive vice president and provost, the deans of the colleges, the dean of the graduate school, the deans and directors of the regional campuses, the dean of undergraduate education, the dean of online education, and the dean of libraries shall comprise the council of deans of the university. The executive vice president and provost shall be chair of the council.

(B) The council of deans shall meet on the call of the chair. The council of deans shall serve as an advisory council to the president.

Last updated December 19, 2024 at 8:01 AM

History

  • Effective: December 19, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-03 Senior vice president for business and finance.

The senior vice president for business and finance shall be the chief financial officer of the university. Under the direction of the president, the senior vice president for business and finance is responsible for the administration of the university's business, financial and administrative operations. Duties, authority and rights are as specified in paragraph (C) of rule 3335-1-03 of the Administrative Code.

Last updated September 20, 2022 at 8:45 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-04 Vice president.

An individual holding a vice president title shall report to the president, or to the executive vice president and provost, and shall be selected in accordance with BOT procedures.

Last updated September 20, 2022 at 8:45 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-05 Vice provost.

An individual holding a vice provost title shall report to the executive vice president and provost and shall be selected in accordance with university procedures.

Last updated September 20, 2022 at 8:45 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-06 Executive vice president and chancellor.

The chancellor shall be the chief executive officer of the Wexner medical center and shall be appointed by the Wexner medical center board of trustees. Duties, authority and rights are as specified in the bylaws of the medical staff.

History

  • Effective: November 9, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-07 Vice president and director of athletics.

(A) The senior vice president and director of athletics shall be appointed by and responsible to the president. The athletic council (see rule 3335-5-48.5 of the Administrative Code) shall also be consulted in the appointment of the athletic director.

(B) Under policies established by the athletic council, the senior vice president and director of athletics shall administer the intercollegiate athletics program subject to the direction of the president or their designee.

(C) The athletic physical plant shall be under the concurrent jurisdiction of the department of athletics and the office of facilities operation and development. Athletic physical plant employees shall be under the jurisdiction of the department of athletics, which in consultation with the office of physical facilities shall be responsible for all normal maintenance and repairs. Major remodeling, renovation, construction and other capital improvements shall be undertaken only with the prior approval of, and under the direction of, the office of facilities operation and development.

Last updated September 20, 2022 at 8:46 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.5

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

(1) Eight faculty members. The term of service is four years.

(a) Four faculty members selected by the faculty council.

(b) Four faculty members appointed by the president.

(2) Five students.

(a) One graduate student, appointed by the council of graduate students. The term of service is one year.

(b) One professional student, appointed by the inter-professional council. The term of service is one year.

(c) Two undergraduate students, appointed by undergraduate student government. The term of service is one year.

(d) One undergraduate student athlete, appointed by the student athlete advisory council. The term of service is one year.

(3) One almunus designated by the Ohio state university alumni association using procedures adopted by that body. The term of service is four years.

(4) Two staff members, one selected by the university staff advisory committee and one by the president. The term of service is four years with one staff member selected every two years.

(5) Six ex-officio non-voting members or their designees.

(a) The director of athletics

(b) The vice president of student life

(c) The faculty athletics representative (FAR)

(d) The director of the student athletics support services office

(e) The president of the student-athlete advisory council

(f) Senior vice president/CEO of the Ohio state alumni association

(B) Duties and responsibilities.

(1) Develop, subject to the general authority of the president and the board of trustees, policies governing intercollegiate athletics, as the agent of the senate. The senate may hold university policies in review.

(a) University policies shall guide the administration of the program of intercollegiate athletics by the director of athletics, but the athletic council shall not serve in an administrative or executive capacity.

(b) It will consider and establish policy on such matters as the income and expenditures budget, the schedules for seasonal and post-seasonal play in relation to the effect upon the welfare of the athletes, grants and other financial aid to athletes, eligibility of athletes, student grievance procedures and sportsmanship policies related to athletics, awards to athletes, recommended ticket prices, ticket distribution, and public and campus relations of the athletic program.

(c) It will consider and establish standing committees, an executive committee, and ad hoc committees to consider athletic matters raised by any member of the university community.

(d) Its recommendations and decisions on policy shall be reported to the senate and to the department of athletics.

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

(a) When selecting a new FAR, the athletic council shall prepare a list of no fewer than two tenured faculty members who do not hold any position in the athletics department from which the president shall select the FAR.

(b) Eighteen months before the June thirtieth end of the FAR final term, the chair of the athletic council shall appoint a nominating committee which shall inform the university community about the position of FAR and invite applications and nominations. Brief recommendations in writing that state the candidate's qualifications for the position are submitted to the nominating committee by any member of the university community. Applications and nominations shall be due in accordance with a schedule established by the nominating committee. Every reasonable effort shall be made to present qualified candidates for vote by the athletic council on or before June first.

(c) Final approval of the names submitted to the president shall be made by a two-thirds majority of the voting membership of the athletic council. The list shall be presented to the president and every reasonable effort shall be made to appoint the FAR- elect on or before July first to allow one year of shadowing and transition between FAR-elect and incumbent. The FAR-elect takes office one year after appointment on July first.

(d) The FAR-elect shall shadow the incumbent FAR on selection and attend all meetings without voting rights until their respective terms begin and end on July first.

(e) The FAR term is four years beginning July first. Reappointment for no more than two additional four-year terms is permissible. If an incumbent FAR is eligible for and desires reappointment, at least eighteen months prior to expiration of the term the athletic council shall complete a review of the incumbent's performance. If two-thirds of voting members are in favor of reappointment and the president concurs the FAR shall be reappointed. Otherwise the athletic council shall immediately prepare a list for the president following paragraphs (B)(2)(a) to (B)(2)(d) of this rule.

(f) The FAR is an ex-officio non-voting member of the athletic council. The chair of the athletic council or faculty designee shall serve as the FAR with full voting privileges at NCAA, Big Ten, and other conference meetings if the FAR is unavailable.

(g) In the event that the FAR does not complete a full term the FAR-elect shall complete the term. The completion of a term does not constitute a four-year term for purposes of the three-term limit in paragraph (B)(2)(e) of this rule. If there is no FAR-elect the chair of the athletic council or designee shall serve as the interim FAR until the appointment of a FAR-elect. Upon notice of a vacancy the athletic council shall immediately prepare a list for the president following paragraphs (B)(2)(a) to (B)(2)(d) of this rule.

(C) Organization.

(1) Reports by the athletic council to the president, other than those made through the senate, shall be made through the director of athletics.

(2) As a standing committee of the senate, this council is governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

Last updated June 25, 2026 at 8:01 AM

History

  • Effective: June 25, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-25 Organization of the university.

(A) For the purpose of administering the various programs of the university, there shall be established educational and administrative units within the university. All units of the university shall be established, altered, or abolished only by the board of trustees.

(B) Procedures for recommending the establishment, alteration and abolition of educational units shall be promulgated by the university faculty or the university senate and approved by the board of trustees (see rules 3335-3-37 and 3335-5-48.1 of the Administrative Code). Procedures recommending the establishment, alteration and abolition of administrative units shall be promulgated by the president and approved by the board of trustees.

(C) The basic organization of the educational units of the university shall be as established in paragraph (B) of rule 3335-1-05 of the Administrative Code.

Last updated September 20, 2022 at 8:46 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-37

(A) Definitions.

(1) The term unit refers to departments, schools and colleges.

(2) For purposes of this rule, the term alteration shall refer to the consolidation or reconfiguration of units. Consolidation shall refer to the combining of two or more units, with little or no additional change. Reconfiguration shall refer to the breaking apart of existing units and their academic programs and recombining the faculty and programs into new units.

(3) For the purposes of this rule, the term abolition shall refer to the complete elimination of a unit and the academic programs it provided.

(4) Alteration or abolition described herein may be initiated without a declaration of financial exigency.

(B) Procedure for alteration or abolition of departments and schools.

(1) A proposal to alter or abolish a department or school may be initiated by any of the following:

(a) The dean of the college administratively responsible for the department(s) or school(s) for which alteration or abolition is proposed,

(b) The executive vice president and provost,

(c) The council on academic affairs, or

(d) Faculty from the affected unit(s).

(2) A proposal for alteration or abolition of a department or school must include an analysis with the following elements. It shall be the responsibility of the party making the proposal to provide this analysis.

(a) A rationale for alteration or abolition of the department or school which includes a history of the formation, activities and evaluation of the performance of the unit.

(b) An enumeration of all faculty affected by the alteration or abolition of the department(s) or school(s).

(c) A person-by-person analysis of the proposed reassignment or other accommodation of the faculty identified in paragraph (B)(2)(b) of this rule, including a statement of the impact on promotion and tenure. No tenured faculty member shall be involuntarily terminated as a result of this process. However, faculty may be transferred to another unit in accordance with paragraph (C)(2) of rule 3335-6-06 of the Administrative Code, also considering the teaching, research, and service expertise of the individual.

(d) An analysis of the academic courses now taught by the department(s) or school(s) and provisions for their reassignment to other department(s) or school(s), if relevant.

(e) An analysis of the students affected by the proposal, including majors, non-majors, professional and graduate students.

(f) Specific proposals regarding support for currently enrolled students until degree completion.

(g) An analysis of the budgetary consequences to all relevant department(s) or school(s) resulting from the proposal.

(h) An analysis of the services lost to the rest of the university as a consequence of the proposal.

(i) An analysis of impact on constituencies external to the university, including alumni.

(j) An analysis of the impact on governance at all relevant levels as a consequence of the proposal.

(k) An analysis of the impact upon diversity.

(l) An analysis of the impact on the academic freedom and responsibility of all affected faculty.

(3) The proposal must be discussed with affected faculty, students, and staff, who may provide written and verbal feedback. The proposal may be modified by the proposal's initiator in response to feedback. Following a thorough consultative process with affected faculty, students, staff, and others as appropriate, the college faculty shall vote on the proposal. The proposal, along with the numerical vote of the college faculty, shall then be forwarded to the council on academic affairs.

(4) The proposal will be judged by the assessment parameters developed by the council on academic affairs and published in its guidelines. The council on academic affairs will review the proposal and will also evaluate the consultation process. It will then return the proposal to the initiator for additional work if the proposal or the consultation has been judged inadequate, or approve the proposal and send it to the university senate for consideration, or disapprove the proposal, which ends the process.

(5) If the council on academic affairs approves the proposal, a memorandum of understanding will be developed and signed by all relevant parties.

(6) The university senate shall vote on the proposal. If it approves the proposal, the recommendation shall be forwarded to the president. A negative vote ends the process.

(7) The president shall review the proposal. If in favor, the president will forward it to the board of trustees. If the board of trustees approves the proposal, then the executive vice president and provost will appoint an oversight committee to monitor the implementation of the process. The chair of faculty council or designee, the secretary of the university senate, one member of the committee on academic freedom and responsibility, and three members of faculty council shall be appointed to the oversight committee. The purpose of the oversight committee is to safeguard the interests of affected faculty, students, and staff. Through the chair of faculty council, the oversight committee will periodically report to the university senate, review and assess outcomes, suggest changes where targets are not being met, and assure that the memorandum of understanding is upheld. The oversight committee will present a final report to the senate.

(C) Procedure for alteration or abolition of colleges.

(1) The council on academic affairs, the executive vice president and provost, the dean, or faculty from the affected unit may initiate a proposal to alter or abolish a college.

(2) A proposal for alteration and abolition of a college must include an analysis of all of the elements outlined in paragraph (B)(2) of this rule. It shall be the responsibility of the party making the proposal to provide this analysis.

(3) The council on academic affairs shall appoint an ad hoc committee to evaluate the proposal. The ad hoc committee shall have a majority comprised of tenure-track faculty. The charge to the ad hoc committee and the composition of that committee must be agreed upon by the council on academic affairs, the executive committee of faculty council, and the executive vice president and provost.

The ad hoc committee shall evaluate the proposal, which shall include extensive consultation with affected faculty, students, and staff, and relevant parties external to the university, as described in paragraph (B)(3) of this rule.

(4) The recommendation of the ad hoc committee will be forwarded to the council on academic affairs and the executive vice president and provost.

(5) Prior to accepting or rejecting the ad hoc committee's recommendation, the council on academic affairs will consult with faculty council and the executive vice president and provost. The faculty council response, including its vote, and a letter of recommendation from the executive vice president and provost shall be considered by the council on academic affairs. The council on academic affairs will then either terminate the process or forward its positive recommendation to the university senate.

(6) If the council on academic affairs approves the proposal, a memorandum of understanding will be developed and signed by all relevant parties.

(7) The university senate shall vote on the proposal. If it approves the proposal, the recommendation shall be forwarded to the president. A negative vote ends the process.

(8) The president shall review the proposal. If in favor, the president shall forward it to the board of trustees. If the board of trustees approves the proposal, then the executive vice president and provost will appoint an oversight committee to monitor the implementation of the process. The chair of faculty council or designee, the secretary of the university senate, one member of the committee on academic freedom and responsibility, and three members of faculty council shall be appointed to the oversight committee. The purpose of the oversight committee is to safeguard the interests of affected faculty, students, and staff. Through the chair of faculty council, the oversight committee will periodically report to the university senate, review and assess outcomes, suggest changes where targets are not being met, and assure that the memorandum of understanding is upheld. The oversight committee will present a final report to the senate within one year of implementation.

Last updated September 20, 2022 at 8:50 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.1

(A) Membership.

The council on academic affairs shall consist of eighteen members.

(1) Ten faculty.

(a) Six faculty, at least two of whom are members of the senate, selected by the faculty council.

(b) Four faculty appointed by the president.

(2) Five students. The term of service is two years.

(a) Two graduate students.

(b) One professional student.

(c) Two undergraduate students.

(3) One academic advisor, appointed by the dean of undergraduate education. The term of service is two years.

(4) Two administrators. executive vice president and provost, or designee.

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

(b) A college-level curricular dean, appointed by the executive vice president and provost. The term of service is two years.

(B) Duties and responsibilities.

(1) Make recommendations to the senate concerning the educational and academic policies of the university (see rule 3335-5-41 of the Administrative Code). This responsibility shall include, but shall not necessarily be limited to, the power to make recommendations concerning the establishment, alteration and abolition of all curricula and courses offered by the university or any division thereof; of all degrees and certificates conferred under authority of the university or any division thereof; and of all colleges, departments, and schools. It may conduct such investigations and appoint such committees as are reasonably necessary to carry out its responsibilities under this chapter. Committees appointed by this council may be discharged by it at any time.

(2) Initiate recommendations to the senate and review all proposed changes in the educational and academic policies of the university. In reviewing proposed changes, the council shall:

(a) Receive from the various colleges and schools, pursuant to the exercise of their powers under rule 3335-5-14 of the Administrative Code, proposals for the establishment, alteration or abolition of courses and curricula, of departments, schools, and divisions within a college, and of academic degrees (see rules 3335- 3-37, 3335-8-02, and 3335-8-03 of the Administrative Code);

(b) Receive from the graduate school, pursuant to the exercise of powers conferred upon the graduate council by rule 3335-5-35 of the Administrative Code, its proposals for the adoption, alteration or abolition of graduate-credit courses and curricula, and of academic degrees administered by it (see rules 3335-8-02 and 3335-8-03 of the Administrative Code).

Upon proposals respecting courses and curricula, the council shall act with finality subject to the rights of the graduate school or of any college to bring the council's decision before the senate for review. With respect to other submissions to it, the council shall make its recommendations to the senate after notice thereof, in at least abbreviated form, has been given in the official bulletin. Failure of the council on academic affairs to act or to submit its recommendations will not deprive the senate of power to review these other submissions.

(3) Foster, as needed for interdisciplinary programs involving two or more academic areas, the establishment of faculty coordinating units reporting to the council. These units shall perform coordinative functions similar to those of the faculty of the college of arts and sciences (see rule 3335-5-27 of the Administrative Code) and shall serve the interdisciplinary interest of academic programs both within and among the several colleges of the university.

(4) Appoint "ad hoc" arbitration committees to help solve problems created by any major reorganization of the academic structure of the university. The role of such committees shall be:

(a) To encourage discussion between and within groups of faculty members of departments or schools when it is apparent that relocation in a different organizational environment is a source of concern to some of these groups;

(b) To hear viewpoints and where necessary to take the lead in the arbitration of problems of individuals or groups who feel their professional development may be adversely affected by the revised organization.

If agreement cannot be reached by consultation or arbitration, an arbitration committee may make a recommendation to the senate through the council on academic affairs on what should be done to solve the problem at issue from the standpoint of what is best for the university.

(5) Review the academic organization of the university at five-year intervals to make certain it is kept as closely attuned as possible to changing needs. Any suggestions for modifications and improvements shall be reported to the senate.

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

(7) Review the administration's proposals following the determination of a state of financial exigency as provided under rule 3335-5-02.1 of the Administrative Code.

(C) Organization.

(1) The chair of the council shall be elected for a one-year term by the council from the membership of the council. The vice chair of the council shall be elected for a one-year term by the council from the membership of the council. The chair (or in that person's absence, the vice chair) shall preside at all meetings of the council.

(2) Reports by the council on academic affairs to the president, other than those made through the senate, shall be made by the chair through the executive vice president and provost.

(3) As a standing committee of the senate, this council is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 16, 2023 at 8:48 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-05

(A) University organization. For the purpose of administering the various programs of the university, there shall be established educational and administrative units within the university. All educational units, except academic centers as outlined in rule 3335-3-36 of the Administrative Code, of the university shall be established, altered, or abolished only on vote of the board of trustees.

(B) Basic educational organization of the university. The basic organization of the educational units of the university shall be departments, divisions, schools, academic centers, colleges, regional campuses, the graduate school, and the agricultural technical institute.

(1) Schools, departments, and divisions. The unit of the university for instruction, research, and extension in a defined field of learning is the school, department, or division.

(2) Academic centers. The unit of the university for research, instruction, or related service which crosses department, division, school, or college boundaries is the academic center.

(3) Colleges and graduate school. For educational administration the university shall be organized into a graduate school and fifteen colleges. The fifteen colleges are: the college of arts and sciences, the college of food, agricultural, and environmental sciences, the Max M. Fisher college of business, the college of dentistry, the college of education and human ecology, the college of engineering, the Michael E. Moritz college of law, the college of medicine, the college of nursing, the college of optometry, the college of pharmacy, the John Glenn college of public affairs, the college of public health, the college of social work, and the college of veterinary medicine.

(4) Graduate school. The graduate school shall consist of: those members of the university faculty who are approved to give graduate instruction; a graduate faculty; the research and graduate council; and an administration composed of a curriculum committee, an executive committee, the dean, the secretary and such other administrative officers as are necessary to carry out the responsibilities of the graduate school.

(5) Regional campuses. There shall be four regional campuses of the university located at Lima, Mansfield, Marion, and Newark, Ohio.

(6) Agricultural technical institute. The unit of the university for instruction leading to the associate of applied science degree in the agricultural technologies is the agricultural technical institute (Wooster). Regarding matters of administration and operation, the agricultural technical institute shall function as a school in the college of food, agricultural, and environmental sciences.

Last updated September 27, 2021 at 8:24 AM

History

  • Effective: September 27, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-26 Establishment of colleges and graduate school.

For educational administration the university shall be organized into a graduate school and fifteen colleges, as established in paragraph (B)(3) of rule 3335-1-05 of the Administrative Code.

History

  • Effective: June 23, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-26.1 Establishment of regional campuses.

(A) There shall be four regional campuses of the university, as established in paragraph (B)(5) of rule 3335-1-05 of the Administrative Code.

(B) The four regional campuses shall be administered separately by their respective deans and directors.

Last updated September 20, 2022 at 8:46 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-27 Organization of the graduate school.

The graduate school shall consist of those components established in paragraph (B)(4) of rule 3335-1-05 of the Administrative Code.

History

  • Effective: June 23, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-28 Dean of libraries.

(A) The dean of libraries shall be appointed by the board of trustees upon nomination of the president. Before making this nomination, the president shall confer with the executive vice president and provost who, in turn, shall confer with representatives of the faculty of the university libraries and with the library committee.

(B) The dean of libraries shall have the responsibility and authority for administering the university libraries under the jurisdiction of that office and the university archives. In the discharge of library duties the dean shall be guided by the policies established by the library committee (see rule 3335-5-48.2 of the Administrative Code). The dean shall report to the president through the executive vice president and provost.

(C) Without limiting the generality of the foregoing, the dean shall evaluate continuously the administrative and operating practices of the university libraries under the jurisdiction of that office and the university archives, and lead in the study of methods in improving them; recommend appointments, promotions, and dismissals under the rules of the university; and prepare for the approval of the executive vice president and provost's annual recommendations for the budgets for personnel and for archives and library materials.

Last updated September 20, 2022 at 8:47 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.2

(A) Membership. The library committee shall consist of thirteen members.

(1) Six faculty.

(2) Three students.

(a) One graduate student,

(b) One professional student, and

(c) One undergraduate student.

(3) Three administrators.

(a) The dean of university libraries,

(b) Chief information officer (or their designees), and

(c) The vice president for research (or their designees).

(4) One staff member, appointed by the dean of the university libraries in consultation with the university staff advisory committee.

(B) Duties and responsibilities.

(1) Advise the dean of university libraries in the planning and implementation of programs and policies supporting the educational, research, and service activities of libraries and related units.

(2) Articulate the library's mission, goals, and needs to the university administration.

(3) Assist the dean of university libraries in the assessment, improvement, and promotion of library and information services that support the university community.

(4) Advise the dean of university libraries on agreements with publishers and information vendors that are in the best interest of the university community.

(5) Advise the appropriate administrative office on the appointment of the dean of university libraries.

(C) Organization.

(1) The chair shall be elected from among the voting members of the committee.

(2) As a standing committee of the senate, this committee is governed by the provisions of rules 3335-5-46 of the Administrative Code.

Last updated September 20, 2022 at 8:52 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-29 Deans of the colleges.

(A) There shall be a dean of each college who shall be a member of its faculty and the administrative head of the college. Each dean shall be appointed and reappointed by the board of trustees upon nomination of the president. Before making this nomination or recommendation for reappointment, the president shall confer with members of the faculty of the college for which the dean or executive dean is to be appointed and shall give substantial weight to faculty recommendations in reaching a decision. The president shall also consider the recommendations of the chairs of the departments and the directors of the schools in that college.

(B) The major responsibility of the dean of each college shall be that of providing active leadership in the promotion, direction and support of educational and research activities of the university, in the maintenance of a high level of morale among the faculty, and in the encouragement of the spirit of learning among the students. In addition, the dean shall have general administrative responsibility for the program of the college, subject to the approval of the president and the board of trustees. These administrative responsibilities shall include the duties to:

(1) Preside at meetings of the college faculty and to appoint all college committees unless their membership has been designated by faculty rule or by the college faculty.

(2) Approve courses of study for students in their college, to warn students who are delinquent in their studies and to recommend appropriate student disciplinary action to the appropriate university disciplinary body or official.

(3) Present candidates for degrees to the president on behalf of the college faculty and to serve as a member of the council of deans (see rule 3335-3-23 of the Administrative Code).

(4) Make recommendations to the executive vice president and provost concerning the college budget, and concerning the appointments to and promotions within the staff and the membership of the college faculty, after consultation with the chairs of the departments and the directors of the schools within the college.

(5) Review in consultation with the faculty the college's pattern of administration (POA). The POA shall be consistent with the principles of faculty governance and the responsibilities of the dean. At the beginning of each five-year term, in consultation with the faculty, the dean shall either reaffirm or revise the existing POA. The existing POA shall be the starting point for the review of the POA and shall remain in effect until the process is complete. Any revisions to the existing POA shall be accomplished first with broad faculty input, obtained in a manner consistent with the college's established practices and procedures, and, second, with faculty approval, also consistent with the college's practices and procedures. If faculty approval is not achieved, the dean shall explain the rationale in writing for the departure in order to enhance communication and facilitate understanding.

The POA will be submitted to the executive vice president and provost for approval. After approval, the POA shall be made available to all members of the faculty, be posted on the college web site, and be distributed to each department and the college office.

For purposes of defining minimum content the following shall be included in the POA:

(a) Introductory statement

(b) College mission

(c) Types of faculty appointments and their respective governance rights

(d) Organization of college services and staff

(e) Overview of college administration

(f) Description of college faculty governance structure, including at least a college investigation and sanctioning committee (see rule 3335-04 of the Administrative Code) and a salary appeals committee

(g) Policies governing faculty responsibilities and teaching assignments

(h) Policies governing allocation of college resources

(i) Grievance procedures

(j) A statement recognizing in principle the presumption favoring faculty rule on those matters in which faculty have primary responsibility, including: curriculum, subject matter and methods of instruction, research, faculty status (appointment, promotion and tenure of faculty), and those aspects of student life which relate to the educational process. (Source: "AAUP Statement on Government of Colleges and Universities")

(C) The dean is hereby given authority requisite to carrying out the responsibilities of their position. The dean may delegate any of their responsibility and authority to another member of the faculty of the college. The dean shall be a voting member of the faculty of each department.

(D) The usual method of communication between the dean and the president or the board of trustees shall be through the office of academic affairs, then to the president and through the president to the board of trustees.

Last updated September 25, 2023 at 8:28 AM

History

  • Effective: September 25, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-29.1 Dean and director of a regional campus.

(A) There shall be a dean and director of each regional campus who shall be a member of its faculty and the administrative head of the regional campus. The dean and director shall be appointed by the board of trustees upon nomination of the executive vice president and provost in consultation with the president. Before making this nomination, the executive vice president and provost or designee shall confer with the regional campus faculty and the department or school in which the faculty appointment would be made, and shall consider the recommendations of the deans of the colleges with regular faculty assigned to that campus.

(B) The major responsibility of each regional campus dean and director shall be that of providing active leadership in the promotion, direction, and support of educational activities and research opportunities, in the maintenance of a high level of morale among the faculty, and in the encouragement of the spirit of learning among the students. In addition the dean and director shall have administrative responsibility for the program of the regional campus subject to the approval of the executive vice president and provost or designee, the president, and the board of trustees. These administrative responsibilities shall include the duties to:

(1) Preside at meetings of the faculty executive committee.

(2) Appoint members to regional campus committees unless the method of selection is determined by the Administrative Code or by the regional campus faculty.

(3) Develop in consultation with the faculty a pattern of administration for the regional campus following the principles set forth in paragraph (C)(2) of rule 3335-3-35 of the Administrative Code.

(4) Communicate to the regional campus community the educational programs, standards, and policies of the campus and the university.

(5) Establish the extent and variety of course offerings on the regional campus in consultation with the executive vice president and provost or designee, the appropriate college deans, department chairs or school directors, and the faculty of the regional campus.

(6) Consult with the appropriate college dean and department chair or school director and to jointly offer employment to prospective faculty members assigned to the campus.

(7) Assist the appropriate college deans, department chairs, and school directors in the annual review of all faculty assigned to the regional campus. This assistance shall include a written evaluation of the faculty member's teaching, research, and service activities on and for the regional campus. The regional campus dean and director shall be consulted when a regional campus faculty member is being considered for promotion and tenure and may suggest such candidates to the appropriate chairs and directors.

(8) Prepare and administer the regional campus budget in consultation with the regional campus faculty budget committee; to consult with the appropriate chair or director regarding faculty salary recommendations; to be responsible for the management, maintenance, and security of the physical plant and capital equipment of the regional campus.

(9) Maintain liaison with community councils and agencies and to garner support of regional campus programs and activities.

(10) Develop, promote, and maintain educational, cultural, and service programs with approval of the appropriate university bodies and administrative officials. The dean and director shall review all such programs periodically.

Last updated September 11, 2023 at 1:44 PM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-35

(A) The chair of each department and the director of each school shall be the administrative head, respectively, of the department or school. The department chair and the director of a school perform a dual function. In addition to being the administrative head of the department or school, the chair or director represents the faculty of the department or school in dealing with the dean or others in the university administration. Upon the nomination of the president or their designee, the board of trustees shall appoint each chair and director for a term of four years subject to the annual review provisions of the office of academic affairs. A chair or director shall be eligible for reappointment. In selecting a chair or director, the president or their designee shall confer with the dean of the college involved. The dean, in turn, will consult with the faculty of the department or school on all campuses, as well as other appropriate university officials. The president or their designee shall give substantial weight to faculty recommendations in reaching a decision regarding a nomination or recommendation for reappointment. Department chairs and directors of schools report to the deans of their colleges.

(B) The president or their designee may remove a chair or director during a four-year term after consultation with the voting faculty and dean of the unit involved. The views of the faculty shall be given substantial weight in arriving at any decision to remove a chair or director from office.

(C) The duties of the chair of a department or the director of a school shall be as follows:

(1) To have general administrative responsibility for its program, subject to the approval of the dean of the college.

(2) To develop, in consultation with the faculty, a pattern of administration. This pattern of administration shall be made available to all present and prospective members of the faculty of the department or school, and a copy shall be deposited in the office of the dean of the college and in the office of the executive vice president and provost.

For purposes of defining minimum content, the following shall be included in the pattern of administration:

(a) A statement requiring the chair to provide a schedule of all regular faculty meetings (see rule 3335-5-18 of the Administrative Code) to all faculty members before the start of each semester, summer term, or session.

(b) A statement requiring the chair to maintain minutes of all faculty meetings and to maintain records of all other actions covered by the pattern of administration.

(c) A statement that the chair will consult with the faculty on all policy matters, and that such consideration will, whenever practicable, be undertaken at a meeting of the faculty as a whole.

(d) A statement recognizing in principle the presumption favoring majority faculty rule on all matters covered by the pattern of administration. This statement shall further provide that whenever majority faculty rule is not followed, the department or faculty chair, or school director, or dean and director of a regional campus, whichever is the case, shall explain the reasons for the departure to enhance communication and to facilitate understanding within the department. Where possible, this statement of reasons shall be provided before the departure occurs. This explanation shall outline the decision of the majority of the faculty, the decision of the department or faculty chair, or school director, or dean and director of the regional campus, whichever is the case, and the reasons the decisions differ. The explanation shall be communicated to the faculty in writing, where possible, or at a faculty meeting, with an opportunity provided for faculty to comment.

(e) A statement affirming that the faculty shall be consulted in the initiation and in the review and selection of new faculty members for appointment.

(f) A statement explaining how faculty duties and responsibilities in instruction, scholarship, and service are to be assigned and distributed equitably.

(3) To prepare, after consultation with the faculty and in accordance with the pattern of departmental administration, a statement setting forth the criteria and procedures according to which recommendations are made concerning appointments and/or dismissals, salary adjustments, promotions in rank, and matters affecting the reappointment and tenure of the faculty. This statement shall be made available to all present and prospective members of the department or school, and a copy shall be deposited in the office of the dean of the college and in the office of academic affairs. At the beginning of each four-year term of the chair of a department or the director of a school, the members of the department or school, the office of the dean of the college, and the office of academic affairs shall receive either a revision or reaffirmation of the original statement

(4) To operate the business of the department or school with efficiency and timeliness.

(5) To plan with the members of the faculty and the dean of the college the regular evaluation of instructional and administrative processes and methods for their improvement, and to develop a plan for ensuring that students progress toward timely program completion.

(6) To evaluate faculty members periodically in accordance with criteria approved by the board of trustees and subject to instructions from the executive vice president and provost, and also according to such supplemental criteria as may be set up by the department or school.

(7) To inform faculty members when they receive their annual review of their right to review their primary personnel file maintained by their tenure initiating unit and to place in that file a response to any evaluation, comment or other material contained in the file.

(8) To recommend to the dean of the college, after consultation with the faculty in accordance with paragraph (C)(3) of this rule, appointments, promotions, dismissals, and matters affecting the reappointment and tenure of members of the department or school faculty.

(9) To encourage research and educational investigations.

(10) To see that all faculty, regardless of their assigned location, are offered the departmental privileges and responsibilities appropriate to their rank.

(11) To lead in maintaining a high level of morale among faculty.

(12) To see that adequate supervision and training are given to those members of the faculty and staff who may profit by such assistance.

(13) To prepare (after consultation with faculty) annual budget recommendations for consideration by the dean of the college.

(14) To promote improvement of instruction by providing for the evaluation of each course when offered, including written evaluation by students of the course and instructors, and periodic course review by the faculty.

Last updated September 20, 2022 at 8:50 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-30.1 Dean for undergraduate education.

(A) There shall be a dean of undergraduate education who shall be a member of the faculty charged with overseeing and implementing policies related to undergraduate academic programming. The major responsibility of the dean of undergraduate education shall be that of providing active leadership in the promotion, direction and support of undergraduate educational activities of the university, and in the encouragement of the spirit of learning among the students. The dean of undergraduate education shall be appointed and reappointed by the board of trustees upon nomination by the executive vice president and provost in consultation with the president.

(B) The dean of undergraduate education shall serve as a member of the council of deans, and in general be responsible for the progress of the educational policies and the well-being of undergraduate programs at the university. The dean shall report to the executive vice president and provost upon the condition and progress of the undergraduate education whenever called upon to do so.

(C) The dean of undergraduate education shall work with colleges to propose and implement policies of the faculty with respect to the development of programming for: challenging academic experiences for undergraduate students; the curricula and requirements for baccalaureate programs and the development of new and useful undergraduate programs; general education requirements, including the retention and ongoing development of curricula assigned specifically for the general education of all undergraduate students; a general university honors program; and other academic programs that are necessary and supportive of undergraduate studies.

(D) The dean of undergraduate education shall be responsible for the coordination of university advising and curricular counseling. Specifically, the dean of undergraduate education shall keep colleges informed of all changes in curricular requirements and other matters pertaining to academic advising, and in this manner assist in achieving consistency of advising across the university.

(E) The dean of undergraduate education shall be consulted by the deans of the colleges on matters relating to university-wide aspects in undergraduate instruction.

(F) With the approval of the faculty, or its designated representative body and the deans of the colleges, the dean of undergraduate education may appoint committees from the faculty to work with them in the implementation of those policy areas as outlined in paragraphs (C) and (D) of this rule.

(G) The dean is hereby granted all authority necessary to carry out the responsibilities of the dean of undergraduate education.

(H) The dean of undergraduate education shall also be responsible for such other matters pertinent to undergraduate education that may be designated by the executive vice president and provost.

Last updated September 20, 2022 at 8:47 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-31 Dean of the graduate school.

(A) There shall be a dean of the graduate school who shall be the administrative head of the graduate school. The dean shall be appointed by the board of trustees upon nomination of the president. Before making a nomination, the president shall confer with the graduate council.

(B) The dean of the graduate school shall have the same general responsibilities and authorities that pertain to the deans of the colleges. The dean shall also preside at the meetings of the graduate council and of its executive committee, make recommendations to the council concerning all such matters as are of primary importance in the development of the graduate work of the university, and make recommendations to the executive vice president and provost concerning the budget of the graduate school to provide for the proper maintenance of the school and to assist in the development of graduate work and research programs.

The dean of the graduate school shall present candidates for graduate degrees to the president, serve as a member of the council of deans, and in general, be responsible for the progress of the educational policies and well-being of the school. The dean shall report to the appropriate member of the president's planning cabinet upon the condition and progress of the graduate school whenever called upon to do so.

(C) The departments or schools offering graduate work shall confer with the dean of the graduate school in all matters related to graduate work. In all matters pertaining to teaching load and adjustment of personnel, the dean of the graduate school shall consult with the dean of the appropriate college.

(D) The dean has all authority necessary to carry out the responsibilities of the dean of the graduate school.

(E) The dean shall appoint all graduate school committees unless their membership has been designated by these faculty rules, the graduate council, or the graduate faculty.

(F) Any of the responsibility and authority of the dean of the graduate school may be delegated to another member of the graduate faculty.

(G) The usual method of communication between the dean of the graduate school and the president or the board of trustees shall be the same as for the deans of the colleges.

Last updated September 25, 2023 at 8:29 AM

History

  • Effective: September 25, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-32 Associate and assistant deans or directors, coordinators, and other officials.

Each college, the graduate school, and each regional campus may have associate and assistant deans or directors, coordinators, or such administrative officials as are needed to carry out the programs of each unit. These positions shall be appointed pursuant to the procedures outlined in rule 3335-5-02 of the Administrative Code and shall be responsible to the principal administrative official of the educational unit. They shall also have such responsibilities and authorities as may be delegated to them from time to time by that official.

Last updated September 20, 2022 at 8:48 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02

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

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

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

Last updated October 11, 2023 at 8:36 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-33 Secretaries.

Each college and the graduate school shall have a secretary who shall be responsible for keeping the records of the college, including the minutes of all college or graduate school faculty meetings. The secretary shall be appointed pursuant to the procedures outlined in rule 3335-5-02 of the Administrative Code and shall have such additional responsibilities and authorities as may be delegated to them from time to time by the dean. An associate or assistant dean or other college or graduate school officer may also be designated as the secretary of the college or of the graduate school (see paragraph (D)(5) of rule 3335-3-34 of the Administrative Code, for secretary of a school).

Last updated September 20, 2022 at 8:48 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-34

(A) The units of a college organization for instruction, research, and service are the school, department, and division.

Each of these units should normally meet the following qualitative requirements:

(1) A recognized, discrete area of academic concern not already included within the mission of another school, department or division.

(2) A proposed or existing academic program at both undergraduate and graduate or graduate professional levels.

(3) A source of faculty members prepared to offer academic work in the subject concerned.

(4) An academic subject that offers research and/or public service opportunities in addition to formal classroom teaching and has the potential for developing recognition by other scholarly groups.

(5) An academic field that has developed or is in the process of developing a student clientele either for the purpose of major programs or as an important "service" discipline to other major programs.

(6) The ability to assume primary fiscal responsibility.

(B) A particular unit may not meet all the aforementioned criteria, but the formation of a unit that does not meet all of the criteria should only be approved when circumstances dictate that approval is important to the academic development of the university.

(C) Schools and departments shall have a minimum of ten tenure-track faculty positions spread through at least one of each of the three academic ranks of assistant professor to professor, unless persuasive academic reasons demonstrate the need for exceptions.

(D) A school is differentiated from a department as follows:

(1) The undergraduate or graduate work offered by a school may lead to tagged degrees.

(2) Recipients of "tagged" degrees shall be recommended for such degrees by the faculty of the appropriate school.

(3) A school, with the exception of the graduate school, may be organized into departments, divisions, or sections.

(4) A school, with the exception of the graduate school, shall be responsible to a college for administrative purposes. Curricular proposals developed by the school shall be transmitted to the council on academic affairs for review and action after approval by the college dean or designee.

(5) A school may establish its own admission and retention policies and requirements within the framework of university policies and may retain student personnel records for those students enrolled in degree programs under the control of the school. To facilitate the conduct of these activities, a school shall appoint a secretary, with the responsibilities outlined for a secretary of a college (see rule 3335-3-33 of the Administrative Code).

(E) A "division" is an academic unit established within a college or a school to provide for a developing need in a circumscribed subject. The head of such a unit shall be known as the chair of a division, shall have academic responsibility, and may be assigned fiscal responsibility by the respective dean of the college or director of the school. This unit shall be responsible for instruction, service, and research in a specific academic concern. Such units may be established in any field in which a new department is not feasible, but in which there is a possibility that growth in the subject may eventually lead to the status of a department. However, the determination to establish such a unit need not be based solely on the presumption that such a unit will attain this status. The status of these units shall be reviewed periodically by the council on academic affairs.

(F) A "section" is an informal unit within a school, department, division, or academic center that is established to expedite the administration of a given academic subject. The function of a section shall be to assist the parent unit in the administration of the subject and to provide an organizational structure for relationships with professional organizations or other individuals with similar interests. The faculty member in charge shall be known as the section head. The head of the section is appointed by the administrator of the parent unit and has responsibilities delegated by the administrator of the parent unit. The formation of a section must be reported to the council on academic affairs.

(G) The establishment or abolition of schools, departments, and divisions shall require approval by the council on academic affairs, the university senate, and the board of trustees (see rule 3335-3-37 of the Administrative Code).

Last updated September 20, 2022 at 8:49 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-18

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

History

  • Effective: June 30, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-36 Centers and institutes.

(A) Definition of an academic center (institute).

An academic center is a non-degree granting educational unit of the university engaged in research; instruction; or clinical, outreach, or related service. An academic center is defined by its mission and scope, not its title, and may be described as a center, institute, laboratory, or similar term. Use of "center" or "institute" in the names of proposed units of the university shall be limited to academic centers, unless otherwise approved by the council on academic affairs. Academic centers are of two broad types: university centers and college centers.

University centers typically will have a substantial research/scholarship component to their mission, but also may be involved in instruction, and/or related service. Their internal funding (initial and continuing) is drawn fully, or in large part, from central university funds (e.g. office of the president, office of academic affairs, office of research). The leadership of the center will report to one or more of those offices.

College centers typically will have some mix, with variable emphases, of research/scholarship, instruction, service, clinical or outreach missions. Internal funding (initial and continuing) is drawn fully, or in large part, from one college or a small set of colleges. The leadership of the center will report to one dean or a small set of deans.

(B) Establishment, reporting, and oversight.

(1) Establishment of university centers

Proposals for university centers will be developed following the "guidelines for the establishment and review of academic centers" and submitted to the office of academic affairs for action.

The chair of the council on academic affairs (CAA), the executive vice president and provost's designee to that council, and the chair of the university research committee (URC) will review the proposal to ensure adherence to the guidelines and determine if it includes a substantial research component.

If so, a "centers subcommittee" of the council, supplemented with membership from URC, will review the proposal and bring a recommendation for action to CAA. If a substantial research component does not exist, the special subcommittee of the council (without URC involvement) will review the proposal and bring a recommendation for action to CAA.

If approved by CAA, the proposal will be sent to the university senate for final approval. That action will be communicated to the board of trustees.

(2) Establishment of college centers.

Each college will have a template for the establishment and review of centers that will be included in the college pattern of administration. Copies of college templates also will be maintained in the office of academic affairs (OAA). Proposals will be developed with adherence to the template, and submitted to the dean(s) of the college(s).

No review/action by CAA is required. The dean(s) will inform the OAA of the establishment of such a center. OAA will inform CAA, resulting in official institutional notification.

The office of academic affairs shall maintain a register of all academic centers and appropriate records concerning each one.

(3) Curricula and faculty affiliation.

Although neither university nor college centers may establish independent course offerings and degree programs, they may participate in cooperative programs involving course offerings and degree programs within existing academic units. With the approval of the council on academic affairs, the faculty of a school or college may delegate to an academic center the authority to offer courses or degree programs established under the auspices of that school or college. Proposals for any such courses or programs must be forwarded to the office of academic affairs with the signature approval of the appropriate school or college which must retain ultimate authority and responsibility for the courses or degree programs.

Faculty and staff may affiliate with the academic center under procedures approved by its oversight committee. Academic centers shall not serve as tenure initiating units.

(4) Administration.

An academic center shall be administered by a director who shall be appointed by and report to the dean, relevant vice president(s) or deans of the pertinent college(s).

(5) Oversight.

Each university and college center shall have an oversight committee, at least two-thirds of whose members are tenure-track faculty from the academic units involved in the center. The director shall consult regularly with the oversight committee.

The director of each academic center shall develop in conjunction with the oversight committee a pattern of administration for the center.

(6) Review process.

All university centers will be reviewed two years after initial establishment and at four-year intervals thereafter. The centers subcommittee of CAA will conduct the review following the "guidelines for the establishment and review of centers" and bring a recommendation for action to CAA. The range of actions include: continuation, conditional continuation with a follow-up in less than four years, and termination.

All college centers will be monitored through annual reports to the college dean(s). Should significant change to a center occur, or a decision be made to abolish a center, notification of that decision will be made to the office of academic affairs and through it to CAA.

(7) Previously established centers.

All existing academic centers established outside of this rule shall be reviewed under the requirements of this rule. Those not in compliance with the rule shall be allowed one additional year to make appropriate adjustments to allow for their continuation.

Note: the request of any established center seeking to move from one type to another must be reviewed and approved by CAA.

(C) Conditional use of the term "center."

Start-up centers are permitted. Following submission of a formal request by a vice president or dean and expedited review and approval by CAA, the term "center" may be used related to external or central funding possibilities. That action will be communicated directly to the board of trustees. Should funding not be secured within one year, the unit must request from CAA an extension of the use of the term. Once funding is secured, the appropriate process for establishment of a university or college center must be initiated within one year.

Last updated September 20, 2022 at 8:50 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-06

(A) A tenure initiating unit is a division, department, school, or college approved by the council on academic affairs, the university senate, and the board of trustees. A tenure initiating unit has the following responsibilities for all faculty members assigned to it: to assist in professional development; to evaluate; to maintain official personnel records; and to initiate promotion, tenure, reappointment, and nonrenewal recommendations. The office of academic affairs shall be responsible for maintaining the official list of tenure initiating units.

(B) A single division, department, school, or college must serve as the tenure initiating unit for each tenure-track faculty member, including individuals with multiple appointments. Multiple appointments to the tenure-track faculty totaling fifty per cent or more of service to the university shall be considered to be the same as a single appointment of fifty per cent or more for the purpose of determining eligibility for tenure.

(C) A tenure-track faculty member may change from one tenure initiating unit to another voluntarily; or as a result of the restructuring of academic units, including consolidation, reorganization, or abolishment; or as a result of the abolishment of a tenure initiating unit during conditions of financial exigency. The following provisions govern such changes:

(1) A faculty member may voluntarily move from one tenure initiating unit to another upon approval of a simple majority of all tenured faculty members in the receiving tenure initiating unit and, following consultation with the appropriate dean(s), the executive vice president and provost. Administrative approval will be dependent on whether satisfactory fiscal arrangements for the change have been made.

(2) A faculty member's tenure initiating unit may be changed as a result of structural changes in academic units, including consolidation or reorganization of units, or abolishment of units, that are approved by the university senate and board of trustees.

(a) When academic units are to be consolidated or reorganized, resulting in the creation of one or more new tenure initiating units, the plan for relocating faculty to the new tenure initiating units shall be part of the approved restructuring proposal. Change in tenure initiating unit resulting from the consolidation or reorganization of academic units shall not require the consent of individual faculty members whose tenure initiating unit is changed. In addition, since a receiving unit does not exist when new units are being created, no vote of such a unit will be required in relocating faculty.

(b) When a tenure initiating unit is to be abolished and is not part of a plan to consolidate or reorganize two or more units into new tenure initiating units, every effort shall be made by the executive vice president and provost to transfer each tenure-track faculty member in that tenure initiating unit to another tenure initiating unit, in accordance with the provisions of paragraph (C) of this rule. Should such agreement be impossible, the person's tenure responsibility shall reside with the executive vice president and provost. The executive vice president and provost shall assign the faculty member appropriate duties. If the faculty member's previous assignment has been at a regional campus, the executive vice president and provost shall consult with the dean and director of the regional campus regarding an appropriate assignment.

(3) A tenure-track faculty member whose tenure initiating unit is abolished during conditions of financial exigency, as described in rule 3335-5-02.1 of the Administrative Code, may be reassigned to a new tenure initiating unit under the terms of paragraph (C)(1) of rule 3335-5-02.2 of the Administrative Code.

(D) When tenure-track faculty members change tenure initiating units under paragraphs (C)(2) and (C)(3) of this rule, the new tenure initiating units shall make reasonable efforts to assist faculty members in adjusting to the expectations of the new unit. Faculty members who believe that some other unit may be more appropriate than their new tenure initiating unit may also explore the possibility of further relocation under the terms of paragraph (C)(1) of this rule.

History

  • Effective: July 1, 2014
  • Promulgated Under: 111.15

Chapter 3335-5 Faculty Members In General

Ohio Adm.Code 3335-5-01 Academic freedom and responsibility.

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

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

(1) Teach, conduct research, and publish research findings;

(2) Discuss in classrooms, in their own manner, any material that is relevant to the subject matter as defined in the course syllabus;

(3) Exercise their constitutional rights as citizens without institutional censorship or discipline;

(4) Seek changes in academic and institutional policies through lawful and peaceful means.

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

(1) Meet their defined teaching, research, and service obligations;

(2) Pursue excellence, intellectual honesty, and objectivity in teaching, in conducting research, and in publishing research findings;

(3) Encourage students and colleagues to engage in free discussion and inquiry;

(4) Evaluate student and colleague performance on a scholarly basis;

(5) Refrain from persistently introducing matters that have no bearing on the subject matter of the course;

(6) Work with appropriate individuals and bodies to provide optimal conditions conducive to the attainment of the free search for truth and its free exposition;

(7) Differentiate carefully between official activities as faculty and personal activities as citizens, and to act accordingly.

History

  • Effective: July 9, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02 Appointments and continuing employment; conditions upon.

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

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

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

Last updated October 11, 2023 at 8:36 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-04

(A) This rule shall apply to all formal complaints of failure to meet academic responsibilities, post-tenure review, and misconduct against faculty members as defined in paragraphs (A) and (B) of rule 3335-5-19 of the Administration Code. Complaints may be filed under this rule against any individual with a faculty appointment, including administrators who hold such appointments.

Complaints about the performance of administrators in their administrative capacity must be brought pursuant to applicable rules or policies for those administrative positions; all complaints against administrators who hold faculty appointments relating to the violation of applicable law, university policies or rules, or unit governance documents (other than those related to the performance of the administrator's duties) must be brought under this rule.

(B) Complaints shall proceed under the general procedures set forth in this rule and the specific procedures set forth in the following four subsections based on the nature of the allegations.

(1) Complaints involving allegations of failure to meet academic responsibilities, complaints arising from the investigatory process set forth in the campus free speech policy, and complaints arising from the DEI, intellectual diversity, and controversial beliefs under the advance Ohio higher education act policy shall proceed under rule 3335-5-04.1 of the Administration Code. A faculty member may be disciplined under this rule, and may be terminated if the conduct constitutes serious failure to meet academic responsibilities for violations established under paragraph (A) of rule 3335-5-04.1 of the Administration Code or a violation of the campus free speech policy or the DEI, intellectual diversity, and controversial beliefs under the advance Ohio higher education act policy.

(2) Complaints involving allegations of research misconduct shall proceed under rule 3335-5-04.2 of the Administration Code. A faculty member may be disciplined up to and including termination for violations established under this rule.

(3) Complaints involving allegations of sexual misconduct, workplace violence, whistleblower retaliation, discrimination, harassment, and retaliation based on protected status shall proceed under rule 3335-5-04.3 of the Administration Code. A faculty member may be disciplined up to and including termination for violations established under this rule.

(4) Complaints involving allegations of violations of applicable law, university policies or rules, or unit governance documents shall proceed under rule 3335-5-04.4 of the Administration Code, unless they fall under rules 3335-5-04.1, 3335-5-04.2 or 3335-5-04.3 of the Administration Code. A faculty member may be disciplined under this rule, and may be terminated if the conduct constitutes grave misconduct or non-trivial financial fraud for violations established under paragraphs (A)(1) and (A)(2) of rule 3335-5-04.4 of the Administration Code.

(5) Complaints arising out of the post-tenure review process set forth in section 3345.453 of the Revised Code and the faculty annual review, post-tenure review, and reappointment policy shall proceed under rule 3335-5-04.5 of the Administrative Code. A faculty member may be disciplined up to and including termination for violations established under this rule.

(C) Conflicts:

(1) No administrator may act in their administrative capacity in the consideration of any complaint naming them as respondent. If a complaint names a department chair, school director, or a dean as respondent, the executive vice president and provost (hereinafter "provost") shall appoint an equivalent rank administrator from another department or college to perform the responsibilities of the named official under this rule. If a complaint names the provost as respondent, the president shall appoint an individual to perform the responsibilities of the provost. If a complaint names the president as respondent, the board of trustees shall appoint an individual to perform the responsibilities of the president.

(2) If any individual with responsibilities under this rule has a conflict of interest with a complainant or respondent, such that the individual stands to benefit personally or incur personal harm depending on the outcome, or otherwise has a relationship with the faculty member against whom the complaint is made (hereafter "respondent") that creates a bias, or otherwise could not fairly and impartially perform those responsibilities, the individual shall not participate in this process, and a replacement shall be named in accordance with paragraph (C)(1) of this rule. In the event that a member of an investigation or sanctioning committee has such a conflict, that individual shall be replaced in accordance with the applicable procedures for that committee.

(D) If the provost determines that a faculty member's presence on campus is detrimental to the safety and well-being of the university community or university property, the provost may reassign the faculty member off campus with pay pending completion of the process set forth in this rule.

(E) At each step of the process, individuals with responsibilities under this rule may use informal dispute resolution to resolve the complaint to their satisfaction as well as that of the complainant and the respondent in accordance with applicable policy. The appropriateness of an informal resolution in any case will depend on the circumstances of each particular case. All such resolutions must be reported to the office of academic affairs for review and approval before being finalized. In addition, reports must be made to the office of research (for proceedings under faculty rule 3335-5-04.2 of the Administration Code), or the office of institutional equity or office of human resources (for proceedings under faculty rule 3335-5-04.3 of the Administration Code) as may be applicable.

(F) Complainants and respondents may expressly or implicitly relinquish their rights to participate in any step of this process, including but not limited to by failing to respond to reasonable attempts to schedule required meetings, or by failing to appear for scheduled sessions. If a complainant or respondent relinquishes their rights of participation at any step, that relinquishment does not prevent that individual from exercising any rights that may be applicable at any other step of the process. To the extent not specified in this rule, complainants and respondents shall be entitled to all rights required by state and federal law that are applicable to these proceedings.

(G) All records of proceedings under this rule shall be maintained by the office of academic affairs. Such records shall be afforded the same privacy and confidentiality afforded to comparable records of other university employees, subject to public records laws and other disclosures within and external to the university in accordance with applicable law and the need to know such information to support university operations.

(H) The term "day" as used in this rule means "calendar day." If the last day of a designated time period falls on a weekend or a day on which the university is closed, the time period shall expire at the close of business on the next succeeding business day.

(I) Complainants and respondents shall be given written notice of decisions required by this rule. Any notice shall be sent by certified mail and by email. The time period for any action to be taken after delivery of the notice shall begin to run on the date on which the notice is mailed.

(J) At each step of the process set forth in this rule, complainants and respondents may be accompanied by one support person of their choosing (including but not limited to personal legal counsel). Except as otherwise provided in rules 3335-5-04.1 to 3335-5-04.4 of the Administration Code, though, such individual shall only be entitled to appear with the respondent and shall not be entitled to participate in or delay the process in any way.

(K) The timelines set forth in this rule and in rules 3335-5-04.1 to 3335-5-04.4 of the Administration Code are mandatory. However, the provost or designee may grant defined extensions of any time period on an as-needed basis upon written request. The timelines set forth in rule 3334-5-05 of the Administrative Code are mandatory, and the president shall hold sole authority to grant a single, two-month extension to complete the review process.

(L) Should a faculty member facing a complaint under this rule resign or retire from their university employment while a complaint is pending, the provost may elect in their discretion to pause the proceedings under this rule once that resignation or retirement becomes effective. If such proceedings are paused, they will resume immediately should the faculty member return to university employment at any point. However, the provost may not pause complaints of research misconduct brought under rule 3335-5-04.2 of the Administrative Code or of sexual misconduct, workplace violence, whistleblower retaliation, discrimination, harassment, and retaliation based on protected status brought under rule 3335-5-04.3 of the Administrative Code unless an investigation has been completed and a violation has been found under those processes and the only remaining issue is what sanction to impose for such violations.

Last updated September 4, 2025 at 7:24 AM

History

  • Effective: September 4, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02.1 Financial exigency.

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

(B) Mechanism of determination.

(1) In the event of an imminent financial crisis, as announced and defined by the president to the university senate, the president will solicit the recommendations of the fiscal committee, as provided for under rule 3335-5-48.11 of the Administrative Code, to ascertain whether a determination of financial exigency is warranted.

(2) The fiscal committee, acting in accordance with rule 3335-5-48.11 of the Administrative Code, shall have the responsibility to:

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

(b) Assess whether the crisis would reduce the quality of the academic programs of the university as a whole to an unacceptable degree and would render the university unable to meet its obligations to the public.

(c) Ascertain the extent to which consolidation or elimination of some administrative offices and services or reductions in operating and equipment budgets would alleviate the crisis.

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

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

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

(g) Monitor the financial condition of the university during a state of financial exigency.

(3) Upon receipt of the report of the fiscal committee, the university senate shall make its recommendations as to whether there should be a determination of financial exigency.

(4) Upon receipt of the recommendations of the fiscal committee and the university senate, the president will notify the university community and the university senate of the administration's analysis and proposed response to the financial situation, allowing an opportunity to respond to questions and to solicit advice and opinions.

(5) In the event that the recommendations of the university senate and the president differ substantially on recommending determination of financial exigency to the board of trustees, recommendations of both shall be forwarded to the board, which has final responsibility for the determination of financial exigency. No further establishment of financial exigency will be required for one year at which time the full procedures must be invoked again.

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

(1) Upon determination of a state of financial exigency and upon receipt from the executive vice president and provost of proposals, prepared in consultation with the college faculties, for curtailment of academic programs to alleviate financial exigency, the council on academic affairs shall review the proposals.

(2) For the purpose of this review, the council is to be an advisory committee to the president and is to report the results of its review both to the president and to the university senate.

(3) For this review, the council shall be chaired by a tenured faculty member of the council. If neither the chair nor the vice chair of the council is a tenured faculty member of the council, then a tenured faculty member of the council shall be elected to act as chair of the council for the review of these proposals and for the submission of results to the president and to the university senate.

(4) In the conduct of its review, the council is authorized to:

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

(b) Request or initiate changes in the proposals and seek concurrence of appropriate administrators. In the event of non-concurrence, the council will note any points of disagreement.

(5) All proposals are to be reviewed both individually and as a coordinated set.

(6) In the review, the council shall:

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

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

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

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

(e) Determine that the proposals consider the effect upon students whose faculty advisers are reassigned or terminated and students whose field of study would be eliminated;

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

(g) Determine that the proposals take into account the quality of relevant programs.

(7) The council shall conduct a hearing or hearings at which appropriate administrators, faculty members, and students are invited to testify.

(8) Within sixty days of the receipt of the proposals or such time as the president may designate, the council shall submit its report to the president and the university senate.

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

Last updated September 22, 2023 at 1:50 PM

History

  • Effective: July 25, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.11

(A) Membership.

The fiscal committee shall consist of twenty-six members.

(1) Nine faculty members.

(a) Eight faculty, at least one of whom is a department chair, and at least two of whom are members of the senate, selected by the faculty council.

(b) One faculty appointed by the president.

(2) Six students. The term of service is two years.

(a) One graduate student.

(b) One professional student.

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

(3) Three staff members. The term of service is three years.

(a) Two staff members with extensive fiscal and budgetary experience and expertise, one selected by the faculty council in consultation with the university staff advisory committee, and one selected by the council of deans.

(b) One staff member appointed by the president.

(4) Eight administrators.

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

(b) The dean of arts and sciences.

(c) A regional campus dean, selected by the council of deans.

(d) Two deans selected by the council of deans.

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

(f) The senior vice president and chief financial officer, or designee. This member is non-voting.

(B) Duties and responsibilities.

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

(1) Review, on a continuing basis, the fiscal policies and resources of the university;

(2) Advise the president on the alternatives and strategies for the long-term and short-term allocation of university resources consistent with maintaining the missions of the university;

(3) Analyze resources and budgets from an overall university-wide perspective;

(4) Analyze resources and budgets in detail for centrally supported vice presidential units;

(5) Advise the president, in the event of an imminent financial crisis, whether a determination of financial exigency is warranted; and

(6) Report annually to the faculty council and the senate on the budgetary and fiscal condition of the university.

(C) Organization.

(1) The committee shall annually elect a chair from its faculty membership.

(2) As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

Last updated September 20, 2022 at 8:53 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02.2

(A) Definitions and construction.

(1) Academic program or program means:

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

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

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

(d) A coherent set of courses, or program of study, which does not lead to an academic degree but which serves to educate or train students (e.g., a professional certification program or a remedial program).

(2) Curtailed means reduced or eliminated, while preserved means not eliminated.

(3) Tenured faculty member means a tenured member of the tenure-track faculty.

(4) Tenure initiating unit (TIU) means the specific academic unit responsible for making the initial recommendation on a tenure-track faculty member's tenure status as recorded on the university tenure audit list available at the office of academic affairs. For purposes of this definition, the university tenure audit list of March 12, 1982, shall be retained, except as subsequently modified in accord with paragraph (C) of rule 3335-5-14 of the Administrative Code.

(B) Involuntary termination of tenured faculty.

(1) Hiring of faculty during financial exigency. The university shall not appoint new faculty while terminating tenured faculty appointments because of financial exigency unless a serious distortion in academic programs would otherwise result.

(2) Preservation of tenure initiating unit. A tenured faculty member whose TIU is preserved shall not be involuntarily terminated because of the curtailment of academic programs to which the faculty member is assigned.

(3) Administrative restructuring of tenure initiating unit. A tenured faculty member whose TIU is restructured by an administrative reorganization (e.g., by consolidation or merger with other TIU's, or by dispersal into several TIU's) shall not be involuntarily terminated for that reason. The faculty member shall be transferred to the appropriate reorganized TIU in accordance with the provisions of paragraph (C)(4) of this rule.

(4) Reinstitution of tenure initiating unit. If an eliminated TIU is substantively reinstituted or established within a remaining TIU within three years, the university shall offer to reappoint all terminated tenured faculty members at their previous ranks.

(5) Elimination of tenure initiating unit. A tenured faculty member whose TIU is scheduled for elimination shall not be involuntarily terminated for that reason until the reassignment provision of paragraph (C) of this rule and the economic incentives of paragraph (D) of this rule have been offered to all eligible faculty members in the TIU.

(6) Notice of termination. A termination of appointment because of the elimination of a tenure initiating unit shall become effective no sooner than June thirty of the first full academic year following the academic year in which the appointment is terminated.

(7) Eligibility for termination compensation. A tenured faculty member who has been involuntarily terminated because of the elimination of their tenure initiating unit shall be entitled to accrued benefits and such compensation as authorized by the board of trustees.

(C) Reassignment of tenured faculty members.

(1) Change of tenure initiating unit. If a tenured faculty member's TIU is scheduled for elimination, then the university shall offer to transfer the faculty member to any suitable authorized position in the remaining TIU's provided that a simple majority of all tenured faculty in a TIU are willing to accept the faculty member. The evaluation of the professional qualifications of the faculty member shall be made by the faculty in the new TIU, based on considerations of the faculty member's potential contributions to the needs of the program according to the prevailing standards of the new TIU.

(2) Reassignment to new position. A tenured faculty member whose tenure initiating unit is scheduled for elimination shall not be reassigned to another position unless that reassignment includes a change of TIU and retention of tenure. This requirement shall not preclude the possibility of employing in a non-faculty position a faculty member who has lost tenure because of resignation or involuntary termination. A faculty member shall not be obligated to accept an offer of reassignment.

(3) Eligibility for economic incentives. A tenured faculty member who accepts an offer of reassignment according to the provisions of paragraphs (C)(1) and (C)(2) of this rule and who voluntarily resigns from the reassigned position within six months, shall be entitled to any of the economic provisions of paragraph (D) of this rule that were applicable at the time of reassignment.

(4) Rate of compensation. Reassignment of a tenured faculty member to a different tenure initiating unit shall not be at a reduced rate of compensation. If reassignment necessitates a change of compensation base (e.g., conversion between nine-month and eleven-month appointments), then the change shall be calculated according to standard university accounting procedures.

(5) Displacement of other employees. A tenured faculty member who is reassigned to a new tenure initiating unit shall not displace an incumbent in an existing position (e.g., a tenured faculty member in a program which is curtailed shall not be assigned to a position in another TIU held by an untenured faculty member, or to a position held by an administrative and professional employee).

(6) Retraining of faculty. Where reassignment of a tenured faculty member according to the provisions of paragraph (B)(1), (C)(1), or (C)(2) of this rule would be facilitated by or contingent upon a period of retraining, the faculty member shall be eligible for a reassignment training leave.

(D) Economic incentives and retraining programs.

(1) Early retirement program. The university shall invoke the provisions of the Ohio state university early retirement program to facilitate the voluntary reduction of tenured faculty members in a curtailed academic program.

(2) Reassignment training leave program. The university shall invoke the provisions of a reassignment training leave program to facilitate reassignment of tenured faculty members to other programs or tenure initiating units.

(3) Other programs. The university shall invoke any other feasible methods to reduce by voluntary means the number of tenured faculty members in a curtailed academic program. Such methods could include a voluntary resignation program (e.g., a "buy-out" plan), among other possibilities.

Last updated October 11, 2023 at 8:36 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-14

The college faculties shall have, subject only to the separate powers of the faculty of a school (see rule 3335-3-34 of the Administrative Code) and the faculty of the college of arts and sciences (see rule 3335-5-27 of the Administrative Code), the following general powers.

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

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

(C) To create and abolish schools, and departments of instruction within the college subject to approval of the council on academic affairs, the university senate, the president and the board of trustees (see rules 3335-3-25 to 3335-3-27, 3335-3-37, and 3335-5-48.1 of the Administrative Code);

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

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

Last updated October 11, 2023 at 8:38 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02.3 Appeal procedures for tenured faculty because of termination of appointments during financial exigency.

(A) Scope and construction

(1) A tenured faculty member who has received a notice of termination because of financial exigency shall have the right to a hearing before a faculty hearing panel.

(2) The responsibility for presenting the formal appeal and for responding to the hearing panel's requirements at all stages rests with the faculty member bringing the complaint ("the complainant").

(3) The determination of financial exigency or the decision to eliminate a tenure initiating unit shall not constitute grounds for an appeal.

(4) An appeal may be made only on the basis of a complaint over the interpretation or implementation of paragraphs (B) to (D) of rule 3335-5-02.2 of the Administrative Code. In considering complaints over implementation of the aforementioned rules, the hearing panel shall consider only whether those individuals making the decisions followed the appropriate procedures and considered the important evidence material to a fair determination.

(B) The faculty hearing committee.

(1) Written notice of intention to appeal shall be given by the complainant within thirty days of the receipt of a termination notice. An additional thirty days will be allowed for the complainant to submit the formal appeal. The notice of intention to appeal and the formal appeal will be submitted to the executive vice president and provost and to the chair of the faculty hearing committee,

(2) In response to each notice of intention to appeal, the faculty hearing committee shall select a hearing panel of tenured faculty members according to the provisions of rule 3335-5-48.10 of the Administrative Code. The hearing panel shall begin its review of the case not earlier than thirty days and no later than sixty days from receipt of the notice of intention to appeal, except by mutual consent of the complainant and the chair of the faculty hearing committee.

(3) The hearing panel shall conduct an investigatory proceeding in accordance with the following provisions:

(a) The proceeding shall not be adversarial in nature. The proceeding shall be an investigation leading to a report on whether or not those individuals making the decision followed the appropriate procedures and considered the important evidence material to a fair determination.

(b) The complainant shall have the right to be present at any hearing before the panel where testimony is taken concerning the complainant's case and to bring an adviser. No formal transcript of the hearing need be made unless requested by the complainant.

(c) The complainant shall state the case in writing and shall have the opportunity to present the case in person to the hearing panel and to offer any evidence in support of the claim.

(d) The person or persons responsible for the decision may be called upon by the hearing panel to demonstrate that the important and material evidence was considered.

(4) At the conclusion of the hearing, the hearing panel shall either dismiss the complaint or support the complaint. In either case, the panel shall record its findings in writing, providing specific responses to each charge made by the complainant, summarizing the evidence and rationale which led the panel to its decision. These findings shall be reported to the administrative officer of the tenure initiating unit, to the dean of the college in which the complainant is a member, to the executive vice president and provost, and to the complainant.

(5) The hearing panel shall recommend to the executive vice president and provost and to the president either that the complaint be dismissed or that corrective action be taken.

(6) Within thirty days of the receipt of the panel's decision, the executive vice president and provost shall respond in writing to the hearing panel and to the complainant stating what action has been recommended and the reasons therefore.

(7) All written documents and recorded testimony obtained by the hearing panel shall be made available to the complainant upon request.

(C) The president

(1) After receipt of the hearing panel's recommendations under paragraph (B)(5) of this rule, and the executive vice president and provost's recommendations under paragraph (B)(6) of this rule, the president shall review the matter and take whatever action is deemed appropriate.

(2) All decisions of the president under this procedure shall be provided in writing to the hearing panel, the executive vice president and provost, and the complainant.

Last updated September 22, 2023 at 1:50 PM

History

  • Effective: May 23, 1999
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.10

(A) Membership.

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

(B) Duties and responsibilities.

(1) Conduct hearings on appeals by respondents charged under rule 3335-5-04 of the Administrative Code following the procedures of this rule.

(2) Conduct hearings on complaints of alleged improper evaluation based upon reasons or considerations that infringe a constitutional right of the complainant following procedures of paragraph (C)(4) of rule 3335-5-05 of the Administrative Code.

(3) Conduct hearings on allegations of improper evaluation based upon inadequate consideration of the pertinent facts by the individual(s) making the decision following procedures of paragraph (C)(5) of rule 3335-5-05 of the Administrative Code.

(4) Conduct hearings on an appeal of a tenured, non-probationary clinical/teaching/practice, or research faculty member because of termination of appointment during financial exigency following procedures of paragraph (B) of rule 3335-5-02.3 of the Administrative Code.

(C) Organization.

(1) The chair shall select three members of the committee to sit on each hearing panel. If disqualifications or case loading should require their service, alternates may be assigned to hearing panels.

(2) The chair of the hearing committee shall rule on any objection by any party to the proceedings that a member of the panel should be replaced because of a relationship to one of the parties, a prior or current involvement with the facts or issues, or personal bias which may introduce prejudice.

(3) A panel member or alternate may recuse himself or herself for any of the reasons stated in paragraph (C)(2) of rule 3334-5-48.10 of the Administrative Code.

(4) A hearing panel shall select as presiding officer who shall have responsibility to direct the proceedings of the panel, and to advise panel members on such university rules and procedures as the panel members may deem necessary. The presiding officer shall be a member of the panel and faculty hearing committee.

(5) As a standing committee of the senate, this committee is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 16, 2023 at 8:50 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-03 Appointment of faculty and staff; tenure.

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

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

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

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

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

Last updated June 18, 2024 at 8:34 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-19

As used in university rules, the term "faculty" shall include persons appointed by the board of trustees with tenure-track, clinical/teaching/practice research, associated, and emeritus faculty titles on full or part-time appointments, with or without salary.

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

(B) "Clinical/teaching/practice faculty": Clinical/teaching/practice faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Clinical/teaching/practice faculty positions are not tenure track positions and are not eligible for tenure.

(C) "Research faculty": Research faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Research faculty positions are not tenure track positions and are not eligible for tenure.

(D) "Associated faculty": persons with clinical practice titles, adjunct titles, visiting titles, and lecturer titles; also professors, associate professors, assistant professors, and instructors who serve on appointments totaling less than fifty per cent service to the university. Persons with tenure-track, clinical/teaching/practice, or research faculty titles may not hold associated titles. Persons holding associated titles are not eligible for tenure and may not participate in the promotion and tenure reviews of tenure-track, clinical/teaching/practice, or research faculty. Associated faculty positions are not tenure track and are not eligible for tenure. Persons with associated titles are permitted to participate in college or academic unit governance where approved by a vote of at least a majority of all of its tenure track faculty and also clinical/teaching/practice and research faculty in those colleges and units where they have been given voting rights. Associated faculty appointments may be made for a maximum of three consecutive years and, with the exception of visiting titles, may be renewed.

(1) Clinical practice faculty: The titles of clinical professor of practice, clinical associate professor of practice, clinical assistant professor of practice, and clinical instructor of practice shall be used to confer faculty status on individuals who have credentials comparable to clinical faculty of equivalent rank and who either provide significant, uncompensated service for which a faculty title is needed or compensated service to the clinical instructional programs in the colleges of the health sciences. Clinical practice appointments are made for the period in which the service is provided. Renewal of no-salary appointments is contingent upon continued significant contributions. Procedures for the promotion of clinical practice faculty members shall be the same as for promotion of clinical faculty.

(2) Visiting faculty: The titles of visiting professor, visiting associate professor, and visiting assistant professor, shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice or research faculty of equivalent rank who spend a limited period of time on formal appointment and in residence at this institution for purposes of participating in the instructional and research programs of the university. A visiting appointment cannot exceed three continuous academic years of service.

(3) Adjunct faculty: The titles of adjunct professor, adjunct associate professor, and adjunct assistant professor, and adjunct instructor shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice, or research faculty of equivalent rank, who provide significant, service to the instructional and/or research programs of the university and who need a faculty title to perform that service. Significant service would include teaching the equivalent of one or more courses, advising graduate students or serving on graduate committees, and serving as a co-investigator on a research project. Such individuals may be either nonuniversity employees or university employees compensated on a noninstructional budget. Adjunct appointments are made for the period in which the service is provided. Renewal of adjunct appointments is contingent upon continued significant contributions. Procedures for the promotion of adjunct faculty members shall be the same as for promotion of tenure, clinical/teaching/practice, or research faculty.

(4) Lecturer: The titles of lecturer and senior lecturer shall be used for all compensated instructional appointments where other titles are not appropriate. Lecturers' responsibilities are limited to teaching as defined in paragraph (A)(2) of rule 3335-6-02 of the Administrative Code.

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

Last updated June 18, 2024 at 8:36 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-04.1

(A) This rule applies to complaints made against faculty members involving their failure to meet academic responsibilities as defined in paragraph (C) of rule 3335-5-01 of the Administration Code as well as complaints arising from the investigatory process set forth in the campus free speech policy and the DEI, intellectual diversity, and controversial beliefs under the advance Ohio higher education act policy. A faculty member may be disciplined for violations established under this rule, and may be disciplined up to and including termination for serious failure to meet academic responsibilities or violations of the campus free speech policy or the DEI, intellectual diversity, and controversial beliefs under the advance Ohio higher education act policy. For the purposes of this rule "serious failure to meet academic responsibilities" is defined as conduct that reflects gross indifference or consistent failure to satisfactorily perform the academic responsibilities set forth in paragraph (C) of rule 3335-5-01 of the Administration Code. If complaints against a faculty member are brought concurrently under both rules 3335-5-04.1 and 3335-5-04.4 of the Administrative Code, those complaints may be consolidated into one proceeding, retaining the relevant evidentiary standard for each complaint.

(B) Initial proceedings.

(1) A complaint may be filed by any student or university employee, including employees from administrative offices who are filing complaints arising out of investigations by those offices. Complaints may be filed with a chair, dean, associate dean, provost, vice provost for faculty affairs (hereinafter "vice provost"), or the president. All complaints must be referred to the vice provost for initial review in accordance with this rule.

(2) The complaint shall be set forth in writing and shall state facts to support an allegation that a faculty member has failed to meet their academic responsibilities.

(a) The vice provost shall review every complaint to determine whether the complaint presents an actionable violation and is not clearly retaliatory or abusive in nature. Further, the vice provost shall determine whether the allegations in the complaint relate directly to research compliance and indicate this determination to the department chair conducting the probable cause review. Research compliance refers to the adherence to applicable laws, regulations, ethical standards, institutional policies, and sponsor requirements governing the responsible conduct of research activities. If the vice provost is named as a respondent, the provost shall identify a designee. If the vice provost determines that a complaint either does not allege a violation that can be addressed under this rule or was filed for clearly retaliatory or abusive purposes, the vice provost must consult with the complainant within seven days of filing to clarify the nature of the complaint. The vice provost may dismiss such a complaint within seven days of consulting with the complainant if it cannot be addressed under this rule or is clearly retaliatory or abusive in nature. This determiniation does not prohibit referral of a complaint filed under this rule to another applicable university process.

The complainant may appeal this dismissal in writing to the provost within seven days of this decision. Upon receiving such an appeal, the provost may either reinstate the complaint or dismiss it, and that decision is final. The provost must issue a decision within fourteen days of receiving such an appeal.

(b) If the vice provost determines that the complaint should proceed or if the complaint is reinstated by the provost, the vice provost shall furnish a copy of the complaint to the respondent and shall refer it to the respondent's department chair for a probable cause review in accordance with paragraph (C) of this rule.

(i) If the faculty member's department chair is the complainant or respondent, the complaint shall be referred to the faculty member's dean for the initial probable cause review.

(ii) For the purpose of this provision, the term "department chair" shall include school directors and deans of colleges without departments. For regional campus faculty, the campus dean and director shall serve as the department chair for the probable cause review. If the complaint is filed by the regional campus dean or director, the college dean shall serve as the regional campus dean and director for the probable cause review.

(3) Only allegations stated in the complaint shall be considered at the various stages of deliberation. However, additional facts relevant to the allegations set forth in the complaint may be presented throughout the process.

(C) Probable cause review.

(1) The department chair shall review the allegations in the complaint and discuss the matter with the complainant and the respondent to determine whether there is probable cause to believe that the allegations are true. The department chair may have another administrator present in discussions with the complainant and respondent as they evaluate probable cause.

(2) If the department chair determines that there is not probable cause to believe that the allegations are true, the chair shall dismiss the complaint.

If the complaint is dismissed, the complainant may appeal the dismissal to the dean. The appeal must be in writing and filed with the dean within twenty-one days after the notice of the chair's decision was mailed. Upon receiving such an appeal, the dean may either reinstate the complaint and refer it as described in paragraph (C)(3) of this rule or dismiss it, and such a dismissal is final. The dean must issue a decision within thirty days after receiving such an appeal.

(3) If the department chair determines that there is probable cause to believe that the allegations are true, the department chair shall refer the matter for an investigation unless the department chair completes an informal resolution in accordance with paragraph (E) of rule 3335-5-04 of the Administration Code. If the vice provost determines that the allegations in the complaint relate directly to research compliance, the investigation shall be referred to the research integrity standing committee. This committee is described in paragraph (C) of rule 3335-5-04.2 of the Administrative Code and will serve to investigate the complaint in accordance with paragraph (D) of rule 3335-5-04.1 of the Administrative Code. If the allegations do not relate directly to research compliance, the investigation shall be referred to the college investigation and sanctioning committee.

(4) The department chair shall complete this process within fourteen days.

(D) Investigation and sanctioning.

(1) Each college shall appoint a college investigation and sanctioning committee, which shall fulfill the responsibilities set forth in this section. The college investigation and sanctioning committee shall be all tenured faculty or a majority of tenured faculty if including clinical/teaching/practice faculty who are non-probationary associate professors or professors. A college may include faculty members from other colleges on its committee. In instances in which the vice provost has determined that the allegations in the complaint relate directly to research compliance, the research integrity standing committee shall fulfill the responsibilities set forth in this paragraph.

(2) Upon receipt of a referral of a complaint from the department chair, the committee shall meet with the complainant and the respondent and shall review any documentary evidence provided by these parties. The respondent shall be given copies of any documentary evidence provided to the committee as part of the investigation and be given an opportunity to respond to all such documentation. The committee shall have the authority to gather information relevant to the complaint, including by interviewing individuals other than the complainant and respondent as the committee sees fit or as recommended by the complainant or respondent. The committee shall strive to maintain confidentiality in the proceedings.

(3) At the conclusion of the investigation, the committee shall prepare a preliminary report that identifies the proposed findings of fact, a conclusion as to whether a violation occurred under the clear and convincing evidence standard, and if so whether the conduct rose to the level of serious failure to meet faculty obligations as defined in paragraph (A) of rule 3335-5-04.1 of the Administration Code. The committee shall provide that document to both the complainant and respondent for review. Each party shall have seven days to respond and to identify any alleged errors or omissions in the findings.

(4) Following review of any comments by the parties, the committee shall thereafter make any modifications to the report that it deems appropriate and issue a final report. If the committee concludes that a violation occurred, the committee shall include its proposed sanction in the final report.

(5) In evaluating sanctions, the committee shall consider the totality of the circumstances, including aggravating and mitigating factors.

(a) Aggravating factors may include, but are not limited to:

(i) The significance and impact of the faculty member's failure to meet academic responsibilities if serious failure is found or of their violation of the campus free speech policy;

(ii) The strength of the evidence presented;

(iii) Whether the respondent has previously been found to have engaged in misconduct;

(iv) Whether the respondent's conduct caused injury or harm to another individual, university property, or the university's reputation; and

(v) Whether the respondent had received prior warnings about engaging in the conduct at issue.

(b) Mitigating factors may include, but are not limited to:

(i) The conduct at issue did not cause injury or harm to another individual, university property, or the university's reputation; and

(ii) The respondent accepted responsibility for the misconduct.

(6) The committee shall have the authority to recommend sanctions as it sees fit as long as the sanctions are commensurate with the nature of the complaint and the committee's analysis of any aggravating and mitigating factors. Sanctions may be of a discrete or continuing nature, but sanctions of a continuing nature must specify the period of time in which they are applicable. Sanctions may include, but are not limited to the following, and may further include a combination of sanctions:

(a) Verbal reprimand;

(b) Written reprimand;

(c) Mandatory training and professional development or other rehabilitation;

(d) Restrictions on duties or privileges;

(e) Restriction of access to university property or services;

(f) Reduction of salary base;

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

(h) Reduction of full-time equivalent (FTE) appointment;

(i) Reduction of rank;

(j) Revocation of tenure;

(k) Termination of employment due to serious failure to meet faculty obligations.

(7) The committee shall complete its investigation and submit its report to the respondent's dean within forty-five days.

(E) Decision by the dean.

(1) After reviewing the report and recommendation of the college investigation and sanctioning committee or the research integrity standing committee, the dean may:

(a) Dismiss the complaint if the committee did not find a violation;

(b) Impose the committee's proposed sanction;

(c) Impose what would reasonably be interpreted as an equivalent or lesser sanction; or

(d) Increase the sanction if the committee determined that the respondent engaged in a serious failure to meet faculty obligations.

(2) The dean shall make a decision in twenty-one days. The final investigation report and the dean's decision shall be sent to the complainant and the respondent.

(3) Appeals:

(a) The dean's decision shall be final in all cases in which the sanction imposed is a verbal reprimand, a written reprimand, or mandatory counseling or training, but a respondent may place a response to this sanction in their primary personnel file.

(b) If the dean imposes any other sanction except for revocation of tenure or termination of employment, the respondent shall have the right to appeal in writing to the provost.

(c) If the dean imposes a sanction that revokes tenure or terminates employment, the matter shall be automatically appealed to the provost.

(d) In all appeals, whether discretionary or automatic, the respondent may identify their position on the case in writing to the provost. All such submissions and all discretionary appeals must be filed within fourteen days after notice of the dean's decision was mailed.

(F) Review of appeals by the provost.

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

(a) Affirm the dean's sanction;

(b) Impose what would reasonably be interpreted as an equivalent or lesser sanction to the dean's sanction;

(c) Increase the sanction; or

(d) In the event that the provost determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the provost shall return the case back to a previous step of the process for further proceedings as appropriate.

(2) The provost shall make a decision within fourteen days of receiving materials from the dean and respondent as applicable.

(3) If the provost affirms the dean's decision to terminate employment, or imposes or upholds a sanction set forth in paragraphs (D)(6)(vii) to (D)(6)(xi) of this rule, the respondent may appeal to the faculty hearing committee. In all other cases, the provost's decision shall be final.

(4) An appeal by the respondent must be in writing and must be filed with the faculty hearing committee within fourteen days after notice of the provost's decision was mailed.

(G) The faculty hearing committee.

(1) Within fourteen days of receipt of an appeal from a respondent, the faculty hearing committee established by rule 3335-5-48.10 of the Administration Code shall convene a hearing panel to consider the appeal and to provide a recommendation to the president regarding the appropriate action. The respondent and the provost or designee may each make one peremptory challenge to the seating of one person on the hearing panel and one peremptory challenge to the selection of a presiding officer.

(2) The parties to this hearing shall be the respondent and the provost, or designee.

(3) The hearing panel may restrict the attendance of persons at the proceedings. However, the respondent and the provost shall have the right to have one observer of their choosing present at all times.

(4) The provost, or designee, shall present the case to the hearing panel. In presenting the case, the provost may be advised and represented by the general counsel, or designee. The provost shall have the right to present witnesses and evidence and to examine witnesses and evidence presented by the respondent.

(5) Respondents shall have the right to represent themselves or to be represented by legal counsel or any other person of their choice. The respondent shall have the right to examine the witnesses and evidence presented against them in the hearing, to present witnesses and evidence on their own behalf, and to refuse to testify or be questioned in the proceedings without prejudice to their cause.

(6) The hearing panel shall receive testimony and other evidence as it deems relevant and material to the issues appealed, and may decline to receive evidence presented by the provost or the respondent that is not material and relevant to the appeal.

(7) The hearing panel will not be bound by the findings of the college investigation and sanctioning committee or the provost.

(8) An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the office of academic affairs.

(9) At the conclusion of the proceedings, the hearing panel shall make written conclusions with respect to each substantive issue raised, including but not limited to:

(a) Appropriateness of the sanction, and, if found to be inappropriate, the faculty hearing committee's recommended sanction in accordance with the factors set forth in paragraph (D)(5) of this rule.

(b) Conflict of interest, procedural error, or substantial new evidence.

(c) Findings of the college investigation committee.

(10) The faculty hearing committee's report, together with a recording of the proceedings, shall be transmitted to the president, provost, and respondent within sixty days of the date that the final hearing panel is convened.

(H) The president.

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

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

(b) Recommend to the board of trustees termination of employment for cases of serious failure to meet faculty obligations or a violation of the campus free speech policy on such terms and conditions as the president may deem advisable;

(c) Remand the case to the hearing panel for reconsideration; or

(d) In the event that the president determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the president shall return the case back to a previous step as appropriate.

(2) The president's decision on all sanctions less than termination of employment is final.

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

(4) The president shall make a decision within thirty days.

(I) Board of trustees.

The board of trustees, in reviewing and deciding upon a case in which termination of employment has been recommended, has the ultimate authority to take that action necessary to promote the best interest of the university and to protect the rights of the individual. In such cases, the board shall have the discretion to decide whether the respondent has an opportunity to present to it arguments in writing, or in person, or both.

Last updated January 20, 2026 at 8:16 AM

History

  • Effective: January 16, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-04.2

(A) This rule applies to complaints involving research misconduct made against faculty members. A faculty member may be disciplined up to and including termination for violations established under this rule. Research misconduct is defined in rule 3335-13-08 of the Administration Code and the research misconduct policy.

(B) Assessment and inquiry.

(1) Complaints alleging research misconduct must be filed with or referred to the office of research compliance.

(2) The office of research compliance shall ensure that an assessment is performed in accordance with the research misconduct policy to determine whether the complaint alleges research misconduct as defined in the policy and is sufficiently credible and specific so that research misconduct may be identified.

(3) If the assessment concludes that the allegations in the complaint meet the definition of research misconduct and are sufficiently credible and specific so that potential evidence of research misconduct may be identified, the office of research compliance shall proceed to an inquiry review in accordance with the research misconduct policy to determine whether the allegations have sufficient substance to warrant an investigation.

(4) If the inquiry concludes that the allegations have sufficient substance and that an investigation is warranted in accordance with the research misconduct policy, an investigation shall be initiated as set forth in paragraph (C) of this rule. All other procedural steps, including but not limited to appeals, shall be performed in accordance with the research misconduct policy.

(5) In both the assessment and inquiry steps, complainants and respondents shall be afforded procedural rights, including but not limited to the rights to review documentary evidence, submit evidence, be accompanied by an advisor, review and file a written response to reports, and make appeals, as specifically defined in the research misconduct policy.

(C) Investigation and sanctioning.

(1) If a complaint is referred for investigation, the office of research compliance shall convene an investigation and sanctioning committee consisting of a minimum of three voting members from the research integrity standing committee in accordance with the research misconduct policy.

(2) The committee shall examine all the documentation and conduct formal interviews, when possible, of the respondent, the complainant, and others who may have information relevant to the complaint, but shall strive to maintain the confidentiality of the proceedings.

(3) The respondent shall be given copies of any documentary evidence provided to the committee as part of the investigation and be given an opportunity to respond to all such documentation.

(4) At the conclusion of the investigation, the committee shall prepare a preliminary report in accordance with this rule and the research misconduct policy. Findings and conclusions shall be based on the preponderance of the evidence standard. The respondent shall have thirty days to respond and to identify any alleged errors or omissions in the preliminary report.

(5) In evaluating sanctions, the committee shall consider the totality of the circumstances, including aggravating and mitigating factors.

(a) Aggravating factors may include, but are not limited to:

(i) The degree to which the respondent's conduct was flagrant, egregious, or willful;

(ii) The significance and impact of the faculty member's failure to meet academic responsibilities if relevant;

(iii) The strength of the evidence presented;

(iv) Whether the respondent has previously been found to have engaged in misconduct;

(v) Whether the respondent's conduct caused injury or harm to another individual, university property, or the university's reputation; and

(vi) Whether the respondent had received prior warnings about engaging in the conduct at issue.

(b) Mitigating factors may include, but are not limited to:

(i) The conduct at issue did not cause injury or harm to another individual, university property, or the university's reputation; and

(ii) The respondent accepted responsibility for the misconduct.

(6) The committee shall have the authority to recommend sanctions as it sees fit as long as the sanctions are commensurate with the nature of the complaint and the committee's analysis of any aggravating and mitigating factors. Sanctions may be of a discrete or continuing nature, but sanctions of a continuing nature must specify the period of time in which they are applicable. Sanctions may include, but are not limited to the following, and may include a combination of sanctions:

(a) Verbal reprimand;

(b) Written reprimand;

(c) Mandatory counseling or other rehabilitation;

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

(e) Restrictions on duties or privileges;

(f) Restriction of access to university property or services;

(g) Reduction of salary base;

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

(i) Reduction of full-time equivalent (FTE) appointment;

(j) Reduction of rank;

(k) Revocation of tenure;

(l) Termination of employment.

(7) After receipt of any comments from the respondent, the committee shall complete its investigation and submit its final report to the institutional deciding official set forth in the research misconduct policy in accordance with that policy. If the committee concludes that research misconduct occurred, the respondent shall have the right to submit an appeal of that decision to the institutional deciding official in accordance with the research misconduct policy.

If a finding of research misconduct is confirmed following review of the report and any appeals by the institutional deciding official, the case shall be referred to the respondent's dean for further proceedings under paragraph (D) of this rule. If no finding of research misconduct is made following such review, the case shall be dismissed.

(D) Decision by the dean.

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

(a) Uphold the committee's proposed sanction;

(b) Impose what would reasonably be interpreted as an equivalent or lesser sanction; or

(c) Increase the sanction.

(2) The dean shall make a decision in twenty-one days. The final report of the investigation and sanctioning committee and the dean's decision shall be sent to the complainant, if any identified, and the respondent.

(3) Appeals:

(a) The dean's decision shall be final in all cases in which the sanction imposed is a verbal reprimand, a written reprimand, or mandatory counseling or training.

(b) If the dean imposes any other sanction except for revocation of tenure or termination of employment, the respondent shall have the right to appeal in writing to the provost for review.

(c) If the dean imposes a sanction that revokes tenure or terminates employment, the matter shall be automatically appealed to the provost.

(d) In all appeals, whether discretionary or automatic, the respondent may identify their position on the case in writing to the provost. All such submissions and all discretionary appeals must be filed within fourteen days after notice of the dean's decision was mailed.

(E) Review of appeals by the provost.

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

(a) Affirm the dean's sanction;

(b) Impose what would reasonably be interpreted as an equivalent or lesser sanction to the dean's sanction;

(c) Increase the sanction; or

(d) In the event that the provost determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the provost shall return the case back to a previous step of the process for further proceedings as appropriate.

(2) The provost shall make a decision within fourteen days of receiving materials from the dean and respondent as applicable.

(3) If the provost affirms the dean's decision to terminate employment, or imposes or upholds a sanction set forth in paragraphs (C)(6)(vii) to (C)(6)(xii) of this rule, the respondent may appeal to the faculty hearing committee. In all other cases, the provost's decision shall be final.

(4) An appeal by the respondent must be in writing and must be filed with the faculty hearing committee within fourteen days after notice of the provost's decision was mailed. Appeals to the faculty hearing committee shall be limited to one or more of the following grounds:

(a) The sanction is disproportionate to the violations committed in view of the aggravating and mitigating factors;

(b) Substantial new evidence has been discovered (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct); or

(c) There was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent.

(F) The faculty hearing committee.

(1) Within fourteen days of receipt of an appeal from a respondent the faculty hearing committee established by rule 3335-5-48.10 of the Administration Code shall convene a hearing panel to consider the complaint and to provide a recommendation to the president regarding the appropriate action to be imposed. The respondent and the provost or designee may each make one peremptory challenge to the seating of one person on the hearing panel and one peremptory challenge to the selection of a presiding officer.

(2) The parties to this hearing shall be the respondent and the provost, or designee.

(3) The hearing panel may restrict the attendance of persons at the proceedings. However, the respondent and the provost shall have the right to have one observer of their choosing present at all times.

(4) The provost, or designee, shall present the case to the hearing panel. In presenting the case, the provost may be advised and represented by the general counsel, or designee. The provost shall have the right to present witnesses and evidence and to examine witnesses and evidence presented by the respondent.

(5) Respondents shall have the right to represent themselves or to be represented by legal counsel or any other person of their choice. The respondent shall have the right to examine the witnesses and evidence presented against them in the hearing, to present witnesses and evidence on their own behalf, and to refuse to testify or be questioned in the proceedings without prejudice to their cause.

(6) The hearing panel shall receive testimony and other evidence as it deems relevant and material to the issues appealed, and may decline to receive evidence presented by the provost or the respondent that is not material and relevant to the appeal.

(7) An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the office of academic affairs.

(8) At the conclusion of the proceedings, the hearing panel shall make separate written conclusions with respect to each substantive issue raised at the hearing.

(a) If the respondent challenges the appropriateness of the sanction, the faculty hearing committee shall recommend a sanction and provide its rationale for doing so in accordance with the factors set forth in paragraph (C)(5) of this rule.

(b) If the respondent alleges conflict of interest, procedural error, or substantial new evidence, the faculty hearing committee shall set forth what their conclusions are and whether they believe that further proceedings are appropriate.

(9) The faculty hearing committee's report, together with a recording of the proceedings, shall be transmitted to the president, provost, and respondent within sixty days of the date that the final hearing panel is convened.

(G) The president.

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

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

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

(c) Remand the case to the hearing panel for reconsideration; or

(d) In the event that the president determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the president shall return the case back to a previous step of the process for further proceedings as appropriate.

(2) The president's decision on all sanctions less than termination of employment is final.

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

(4) The president shall make a decision within thirty days.

(H) Board of trustees.

(1) The board of trustees, in reviewing and deciding upon a case in which termination of employment has been recommended, has the ultimate authority to take that action necessary to promote the best interest of the university and to protect the rights of the individual. In such cases, the board shall have the discretion to decide whether the respondent has an opportunity to present to it arguments in writing, or in person, or both.

Last updated March 30, 2026 at 7:39 AM

History

  • Effective: March 30, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-04.3

(A) This rule applies to complaints made against faculty members involving sexual misconduct, workplace violence, whistleblower retaliation, and protected class discrimination, harassment, and retaliation as defined in applicable university policies. A faculty member may be disciplined up to and including termination for violations established under this rule.

(B) Initial proceedings.

(1) Complaints of sexual misconduct and protected class discrimination, harassment, and retaliation must be filed with or referred to the office of institutional equity, and complaints of workplace violence and whistleblower retaliation separate from protected class or sexual misconduct must be filed with or referred to the office of human resources.

(2) The applicable office shall perform a preliminary assessment to determine whether the complaint warrants further investigation, whether an informal resolution would be appropriate, whether the matter should be referred to a different university office or process, or whether the matter should be closed and not proceed further in the process.

(3) If the applicable office determines that further investigation is warranted and that an informal resolution is not appropriate at that stage in the process, it shall notify the complainant and respondent of its decision to pursue an investigation and shall assign an investigator to investigate the complaint.

(C) Investigation determinations.

(1) Complaints of sexual misconduct pursuant to Title IX of the Education Amendments Act of 1972 and implementing regulations shall be investigated pursuant to the procedures set forth in the university sexual misconduct policy. All findings of misconduct shall be referred to the university sanctioning committee for a recommendation for sanctions only in accordance with this rule.

(2) For all other complaints subject to this rule:

(a) The investigator shall perform the investigation in accordance with applicable university policy and shall meet with both the complainant and respondent and review any documentary evidence provided by these parties. The investigator shall have the authority to gather information relevant to the complaint, including through interviewing individuals other than the complainant and respondent as the investigator sees fit or as recommended by the complainant and respondent, but shall otherwise strive to maintain confidentiality in the proceedings.

(b) The parties shall receive all of the rights set forth in the applicable policy, and shall further have the right to receive the policies, standards, and procedures applicable to the investigation.

(c) The parties shall be given the ability to review copies of any documentary evidence that is provided to the investigator as part of the investigation and is relevant to the substance of the complaint. Parties shall have the ability to respond to all such documents during the investigation, and the ability to suggest witnesses who may be contacted as part of the investigation within the investigator's discretion.

(d) When fact gathering is complete, the investigator shall prepare a written investigative summary (preliminary report) that identifies the relevant and material facts in the case. The investigator shall provide that document to both the complainant and respondent for review. Each party shall have fourteen days to respond and to identify any alleged errors or omissions in the investigative summary.

(e) Following review of any comments by the parties, the investigator shall thereafter make any modifications to the report that the investigator deems appropriate and issue a final report that will include the summary of the facts gathered, analysis of the allegations, and findings as to whether the applicable policy was violated under the preponderance of the evidence standard. If a violation is found, this report shall be provided to the university sanctioning committee to determine the appropriate sanction. If no violation is found, the complaint shall be dismissed.

(D) The university sanctioning committee.

(1) The university sanctioning committee is responsible for determining what sanction to recommend for a policy violation.

(a) The university sanctioning committee shall consist of fifteen tenured members of the faculty selected by the executive committee of faculty council from at least eight different colleges and regional campuses. Each member of the university sanctioning committee must receive required training before serving on the panel. Each selected person shall serve a three-year term followed by a one-year term as an alternate member. A chair shall be elected from the membership in the spring for a one-year term, starting during the subsequent summer session.

(b) The chair shall select three members of the committee to sit on each sanctioning panel. The chair of the committee may sit on the panel as an observer. Panelists may not be drawn from the complainant's or respondent's tenure initiating unit, as may be applicable. Alternates may be assigned to university sanctioning panels at the chair's discretion.

(2) Upon receipt of the investigation report, the sanctioning panel shall meet with the investigator to discuss the investigation and findings, and may request clarification on any aspect of the investigation process. The committee shall also offer both the complainant and the respondent the opportunity to meet with the committee to present their views as to an appropriate sanction.

(3) In evaluating sanctions, the sanctioning panel shall consider the totality of the circumstances, including aggravating and mitigating factors.

(a) Aggravating factors may include, but are not limited to:

(i) The degree to which the respondent's conduct was flagrant, egregious, or willful;

(ii) The strength of the evidence presented;

(iii) Whether the respondent has previously been found to have engaged in misconduct;

(iv) Whether the respondent's conduct caused injury or harm to another individual, university property, or the university's reputation; and

(v) Whether the respondent had received prior warnings about engaging in the conduct at issue.

(b) Mitigating factors may include, but are not limited to:

(i) The conduct at issue did not cause injury or harm to another individual, university property, or the university's reputation; and

(ii) The respondent accepted responsibility for the misconduct.

(4) The committee shall have the authority to recommend sanctions as it sees fit as long as the sanctions are commensurate with the nature of the complaint and the committee's analysis of any aggravating and mitigating factors. Sanctions may be of a discrete or continuing nature, but sanctions of a continuing nature must specify the period of time in which they are applicable. Sanctions may include, but are not limited to the following, and may further include a combination of sanctions:

(a) Verbal reprimand;

(b) Written reprimand;

(c) Mandatory counseling or other rehabilitation;

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

(e) Restrictions on duties or privileges;

(f) Restriction of access to university property or services;

(g) Reduction of salary base;

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

(i) Reduction of full-time equivalent (FTE) appointment;

(j) Reduction of rank;

(k) Revocation of tenure;

(l) Termination of employment.

(5) For sexual misconduct complaints under Title IX, the committee shall reach its sanction decision within thirty days. This sanction decision shall be incorporated into the findings in accordance with the university sexual misconduct policy, and a written determination containing the combined findings and recommended sanction shall be issued. The complainant and respondent shall have equal rights to appeal the written determination to the provost for review in accordance with paragraph (F) of this rule and shall not be reviewed by the respondent's dean under paragraph (E) of this rule. All appeals must be in writing and be filed within fourteen days after the written determination is issued. The appeal shall be on the grounds for appeal permitted by the sexual misconduct policy and in accordance with the procedures provided by that policy.

(6) For all other complaints under this rule, the committee shall complete its review and submit its report to the respondent's dean within thirty days.

(E) Decision by the dean.

(1) For all complaints under this rule except sexual misconduct complaints under Title IX, the dean may, after reviewing the report and recommendation of the university sanctioning committee:

(a) Uphold the committee's proposed sanction;

(b) Impose what would reasonably be interpreted as an equivalent or lesser sanction; or

(c) Increase the sanction.

(2) The dean shall make a decision in twenty-one days. The final report of the university sanctioning committee and the dean's decision will be sent to the complainant and the respondent.

(3) Appeals:

(a) The dean's decision shall be final in all cases in which the sanction imposed is a verbal reprimand, a written reprimand, or mandatory counseling or training.

(b) If the dean imposes any other sanction except for revocation of tenure or termination of employment, the respondent shall have the right to appeal in writing to the provost for review.

(c) If the dean imposes a sanction that revokes tenure or terminates employment, the matter shall be automatically appealed to the provost.

(d) In all appeals, whether discretionary or automatic, the respondent may identify their position on the case in writing to the provost. All such submissions and all discretionary appeals must be filed within fourteen days after notice of the dean's decision was mailed.

(F) Review of appeals by the provost.

(1) After reviewing the record of a case upon appeal or upon referral by the dean, the provost may:

(a) Affirm the dean's sanction or the sanction imposed by the university sanctioning committee for sexual misconduct complaints under Title IX;

(b) Impose what would reasonably be interpreted as an equivalent or lesser sanction to the sanction;

(c) Increase the sanction; or

(d) In the event that the provost determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the provost shall return the case back to a previous step of the process for further proceedings as appropriate.

(2) The provost shall make a decision within fourteen days of receiving materials from the dean, respondent or complainant as applicable. Complainant and respondent shall each have the right to respond to a filing by the other party.

(3) For complaints of sexual misconduct under Title IX, the provost's decision shall be final.

(4) For all other complaint subject to this rule: a. If the provost affirms the dean's decision to terminate employment, or imposes or upholds a sanction set forth in paragraphs (D)(4)(vii) to (D)(4)(xii) of this rule, the respondent may appeal to the faculty hearing committee. In all other cases, the provost's decision shall be final.

(5) An appeal by the respondent must be in writing and must be filed with the faculty hearing committee within fourteen days after notice of the provost's decision was mailed. Appeals to the faculty hearing committee shall be limited to one or more of the following grounds:

(a) The sanction is disproportionate to the violations committed in view of the aggravating and mitigating factors;

(b) Substantial new evidence has been discovered (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct); or

(c) There was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent.

(G) The faculty hearing committee.

(1) Within fourteen days of receipt of an appeal from a respondent the faculty hearing committee established by rule 3335-5-48.10 of the Administration Code shall convene a hearing panel to consider the complaint and to provide a recommendation to the president regarding the appropriate action to be imposed. The respondent and the provost or designee may each make one peremptory challenge to the seating of one person on the hearing panel and one peremptory challenge to the selection of a presiding officer.

(2) The parties to this hearing shall be the respondent and the provost, or designee.

(3) The hearing panel may restrict the attendance of persons at the proceedings. However, the respondent and the provost shall have the right to have one observer of their choosing present at all times.

(4) The provost, or designee, shall present the case to the hearing panel. In presenting the case, the provost may be advised and represented by the general counsel, or designee. The provost shall have the right to present witnesses and evidence and to examine witnesses and evidence presented by the respondent.

(5) Respondents shall have the right to represent themselves or to be represented by legal counsel or any other person of their choice. The respondent shall have the right to examine the witnesses and evidence presented against them in the hearing, to present witnesses and evidence on their own behalf, and to refuse to testify or be questioned in the proceedings without prejudice to their cause.

(6) The hearing panel shall receive testimony and other evidence as it deems relevant and material to the issues appealed, and may decline to receive evidence presented by the provost or the respondent that is not material and relevant to the appeal. However, in all proceedings, the hearing panel shall afford complainants equal rights to participate in any proceeding and the ability to present a response to the respondent's claims as applicable.

(7) An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the office of academic affairs.

(8) At the conclusion of the proceedings, the hearing panel shall make separate written conclusions with respect to each substantive issue raised at the hearing.

(a) If the respondent challenges the appropriateness of the sanction, the faculty hearing committee shall set forth what their recommended sanction is in accordance with the factors set forth in paragraph (D)(3) of this rule.

(b) If the respondent alleges conflict of interest, procedural error, or substantial new evidence, the faculty hearing committee shall set forth what their conclusions are and whether they believe that further proceedings are appropriate.

(9) The faculty hearing committee's report, together with a recording of the proceedings, shall be transmitted to the president, provost, and respondent within sixty days of the date that the final hearing panel is convened.

(H) The president.

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

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

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

(c) Remand the case to the hearing panel for reconsideration; or

(d) In the event that the president determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the president shall return the case back to a previous step of the process for further proceedings as appropriate.

(2) The president's decision on all sanctions less than termination of employment is final.

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

(4) The president shall make a decision within thirty days.

(I) Board of trustees.

The board of trustees, in reviewing and deciding upon a case in which termination of employment has been recommended, has the ultimate authority to take that action necessary to promote the best interest of the university and to protect the rights of the individual. In such cases, the board shall have the discretion to decide whether the respondent has an opportunity to present to it arguments in writing, or in person, or both.

Last updated August 21, 2025 at 4:24 PM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-04.4

(A) This rule applies to complaints made against faculty members involving misconduct and other violations of applicable law, university policies or rules, or unit governance documents that do not otherwise fall under rule 3335-5-04.1, 3335-5-04.2, or 3335-5-04.3 of the Administrative Code. If complaints against a faculty member are brought concurrently under both rules 3335-5-04.1 and 3335-5-04 of the Administrative Code, those complaints may be consolidated into one proceeding, retaining the relevant evidentiary standard for each complaint. A faculty member may be disciplined for violations established under this rule, up to and including termination for violations constituting grave misconduct or non-trivial financial fraud. For the purposes of this rule:

(1) "Grave misconduct" is defined as flagrant, egregious, and willful misbehavior in violation of the law or established university rules or policies.

(2) "Nontrivial financial fraud" is defined as a deliberate act or deliberate failure to act that is contrary to law, rule, or policy so as to obtain unauthorized financial benefit from the university for oneself, one's family, or one's business associates. Nontrivial financial fraud includes, but is not limited to, misappropriation of university funds or property, authorizing or receiving compensation or reimbursement for goods not received or services not performed or hours not worked, or unauthorized alteration of financial records.

(B) Initial proceedings.

(1) A complaint may be filed by any student or university employee, including employees from administrative offices who are filing complaints arising out of investigations by those offices. Complaints may be filed with a chair, dean, associate dean, provost, vice provost for faculty affairs (hereinafter "vice provost"), or the president. All complaints must be referred to the vice provost for initial review in accordance with this rule.

(2) The complaint shall be set forth in writing and shall state facts to support an allegation that a faculty member has engaged in misconduct or has otherwise violated applicable law, university policies or rules, or unit governance documents.

(a) The vice provost shall review every complaint to determine whether the complaint presents an actionable violation and is not clearly retaliatory or abusive in nature. Further, the vice provost shall determine whether the allegations in the complaint relate directly to research compliance and indicate this determination to the department chair conducting the probable cause review. Research compliance refers to the adherence to applicable laws, regulations, ethical standards, institutional policies, and sponsor requirements governing the responsible conduct of research activities. If the vice provost is named as a respondent, the provost shall identify a designee. If the vice provost determines that a complaint either does not allege a violation that can be addressed under this rule or was filed for clearly retaliatory or abusive purposes, the vice provost must consult with the complainant within seven days of filing to clarify the nature of the complaint. The vice provost may dismiss such a complaint within seven days of consulting with the complainant if it cannot be addressed under this rule or is clearly retaliatory or abusive in nature. This determination does not prohibit referral of a complaint filed under this rule to another applicable university process.

The complainant may appeal this dismissal in writing to the provost within seven days of this decision. Upon receiving such an appeal, the provost may either reinstate the complaint or dismiss it, and that decision is final. The provost must issue a decision within fourteen days of receiving such an appeal.

(b) If the vice provost determines that the complaint should proceed or if the complaint is reinstated by the provost, the vice provost shall furnish a copy of the complaint to the respondent and shall refer it to the respondent's department chair for a probable cause review in accordance with paragraph (C) of this rule.

(i) If the faculty member's department chair is the complainant or respondent, the complaint shall be referred to the faculty member's dean for the initial probable cause review.

(ii) For the purposes of this provision, the term "department chair" includes school directors, deans of colleges without departments, and regional campus deans and directors. For regional campus faculty, the campus dean and director shall serve as the department chair for the probable cause review. If the complaint is filed by the regional campus dean and director, the college dean shall serve as the regional campus dean and director for the probable cause review.

(3) Only allegations stated in the complaint shall be considered at the various stages of deliberation. However, additional facts relevant to the allegations set forth in the complaint may be presented throughout the process.

(C) Probable cause review.

(1) The department chair shall review the allegations in the complaint and discuss the matter with the complainant and the respondent to determine whether there is probable cause to believe that the allegations are true.

(2) If the department chair determines that there is not probable cause to believe that the allegations are true, the chair shall dismiss the complaint.

If the complaint is dismissed, the complainant may appeal the dismissal to the dean. The appeal must be in writing and filed with the dean within twenty-one days after the notice of the chair's decision was mailed. Upon receiving such an appeal, the dean may either reinstate the complaint and refer it as described in paragraph (C)(3) of this rule or dismiss it, and such a dismissal is final. The dean must issue a decision within thirty days after receiving such an appeal.

(3) If the department chair determines that there is probable cause to believe that the allegations are true, the department chair shall refer the matter to the college investigation and sanctioning committee for an investigation unless the department chair completes an informal resolution in accordance with paragraph (E) of rule 3335-5-04 of the Administration Code. If the vice provost determines that the allegations in the complaint relate directly to research compliance, the investigation shall be referred to the research integrity standing committee. This committee is described in paragraph (C) of rule 3335-5-04.2 of the Administrative Code and will serve to investigate the complaint in accordance with paragraph (D) of rule 3335-5-04.1 of the Administrative Code. If the allegations do not relate directly to research compliance, the investigation shall be referred to the college investigation and sanctioning committee.

(4) The department chair shall complete this process within fourteen days.

(D) Investigation and sanctioning.

(1) Each college shall appoint a college investigation and sanctioning committee, which shall fulfill the responsibilities set forth in this section. The college investigation and sanctioning committee shall be all tenured faculty or a majority of tenured faculty if including clinical/teaching/practice faculty who are non-probationary associate professors or professors. A college may include faculty members from other colleges on its committee. In instances in which the vice provost has determined that the allegations in the complaint relate directly to research compliance, the research integrity standing committee shall fulfill the responsibilities set forth in this paragraph.

(2) Upon receipt of a referral of a complaint from the department chair, the committee shall meet with the complainant and the respondent and shall review any documentary evidence provided by these parties. The respondent shall be given copies of any documentary evidence provided to the committee as part of the investigation and be given an opportunity to respond to all such documentation. The committee shall have the authority to gather information relevant to the complaint, including through seeking to interview individuals other than the complainant and respondent as the committee sees fit or as recommended by the complainant and respondent. The committee shall strive to maintain confidentiality in the proceedings.

(3) At the conclusion of the investigation, the committee shall prepare a preliminary report that identifies the proposed findings of fact, a conclusion as to whether a violation occurred under the preponderance of the evidence standard, and if so whether the conduct rose to the level of grave misconduct or non-trivial financial fraud as defined in paragraphs (A)(1)(i) to (A)(1)(iii) of rule 3335-5-04.1 of the Administration Code. The committee shall provide that document to both the complainant and respondent for review. Each party shall have seven days to respond and to identify any alleged errors or omissions in the findings.

(4) Following review of any comments by the parties, the committee shall thereafter make any modifications to the report that it deems appropriate and issue a final report. If the committee concludes that a violation occurred, the committee shall include its proposed sanction in the final report.

(5) In evaluating sanctions, the committee shall consider the totality of the circumstances, including aggravating and mitigating factors.

(a) Aggravating factors may include, but are not limited to:

(i) The degree to which the respondent's conduct was flagrant, egregious, or willful if grave misconduct is found;

(ii) The significance and impact of the faculty member's misconduct;

(iii) The degree and impact of the fraud if non-trivial financial fraud is found;

(iv) The strength of the evidence presented;

(v) Whether the respondent has previously been found to have engaged in misconduct;

(vi) Whether the respondent's conduct caused injury or harm to another individual, university property, or the university's reputation; and

(vii) Whether the respondent had received prior warnings about engaging in the conduct at issue.

(b) Mitigating factors may include, but are not limited to:

(i) The conduct at issue did not cause injury or harm to another individual, university property, or the university's reputation; and

(ii) The respondent accepted responsibility for the misconduct.

(6) The committee shall have the authority to recommend sanctions as it sees fit as long as the sanctions are commensurate with the nature of the complaint and the committee's analysis of any aggravating and mitigating factors. Sanctions may be of a discrete or continuing nature, but sanctions of a continuing nature must specify the period of time in which they are applicable. Sanctions may include, but are not limited to the following, and may further include a combination of sanctions:

(a) Verbal reprimand;

(b) Written reprimand;

(c) Mandatory counseling or other rehabilitation;

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

(e) Restrictions on duties or privileges;

(f) Restriction of access to university property or services;

(g) Reduction of salary base;

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

(i) Reduction of full-time equivalent (FTE) appointment;

(j) Reduction of rank;

(k) Revocation of tenure;

(l) Termination of employment in cases of grave misconduct or non-trivial financial fraud;

(7) The committee shall complete its investigation and submit its report to the respondent's dean within forty-five days.

(E) Decision by the dean.

(1) After reviewing the report and recommendation of the college investigation and sanctioning committee or the research integrity standing committee, the dean may:

(a) Dismiss the complaint if the committee did not find a violation;

(b) Impose the committee's proposed sanction;

(c) Impose what would reasonably be interpreted as an equivalent or lesser sanction; or

(d) Increase the sanction if the committee determined that the respondent engaged in grave misconduct or non-trivial financial fraud.

(2) The dean shall make a decision in twenty-one days. The final report and the dean's decision shall be sent to the complainant and the respondent.

(3) Appeals:

(a) The dean's decision shall be final in all cases in which the sanction imposed is a verbal reprimand, a written reprimand, or mandatory counseling or training. A respondent may, place a response to this sanction in their primary personnel file.

(b) If the dean imposes any other sanction except for revocation of tenure or termination of employment, the respondent shall have the right to appeal in writing to the provost.

(c) If the dean imposes a sanction that revokes tenure or terminates employment, or if the case involves a finding by the committee of grave misconduct or non-trivial financial fraud, regardless of the sanction, the matter shall be automatically appealed to the provost.

(d) In all appeals, whether discretionary or automatic, the respondent may identify their position on the case in writing to the provost. All such submissions and all discretionary appeals must be filed within fourteen days after notice of the dean's decision was mailed.

(F) Review of appeals by the provost.

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

(a) Affirm the dean's sanction;

(b) Impose what would reasonably be interpreted as an equivalent or lesser sanction to the dean's sanction;

(c) In the case of grave misconduct or non-trivial financial fraud increase the sanction; or

(d) In the event that the provost determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the provost shall return the case back to a previous step of the process for further proceedings as appropriate.

(2) The provost shall make a decision within fourteen days of receiving materials from the dean and respondent as applicable.

(3) If the provost affirms the dean's decision to terminate employment, or imposes or upholds a sanction set forth in paragraphs (D)(6)(vii) to (D)(6)(xii) of this rule, the respondent may appeal to the faculty hearing committee. In all other cases, the provost's decision shall be final.

(4) An appeal by the respondent must be in writing and must be filed with the faculty hearing committee within fourteen days after notice of the provost's decision was mailed.

(G) The faculty hearing committee.

(1) Within fourteen days of receipt of an appeal from a respondent, the faculty hearing committee established by rule 3335-5-48.10 of the Administration Code shall convene a hearing panel to consider the appeal and to provide a recommendation to the president regarding the appropriate action. The respondent and the provost or designee may each make one peremptory challenge to the seating of one person on the hearing panel and one peremptory challenge to the selection of a presiding officer.

(2) The parties to this hearing shall be the respondent and the provost, or designee.

(3) The hearing panel may restrict the attendance of persons at the proceedings. However, the respondent and the provost shall have the right to have one observer of their choosing present at all times.

(4) The provost, or designee, shall present the case to the hearing panel. In presenting the case, the provost may be advised and represented by the general counsel, or designee. The provost shall have the right to present witnesses and evidence and to examine witnesses and evidence presented by the respondent.

(5) Respondents shall have the right to represent themselves or to be represented by legal counsel or any other person of their choice. The respondent shall have the right to examine the witnesses and evidence presented against them in the hearing, to present witnesses and evidence on their own behalf, and to refuse to testify or be questioned in the proceedings without prejudice to their cause.

(6) The hearing panel shall receive testimony and other evidence as it deems relevant and material to the issues appealed, and may decline to receive evidence presented by the provost or the respondent that is not material and relevant to the appeal.

(7) The hearing panel will not be bound by the findings of the college investigation and sanctioning committee or the provost.

(8) An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the office of academic affairs.

(9) At the conclusion of the proceedings, the hearing panel shall make written conclusions with respect to each substantive issue raised, including but not limited to:

(a) appropriateness of the sanction, and, if found to be inappropriate, the faculty hearing committee's recommended sanction in accordance with the factors set forth in paragraph (D)(5) of this rule.

(b) conflict of interest, procedural error, or substantial new evidence.

(c) findings of the college investigation committee.

(10) The faculty hearing committee's report, together with a recording of the proceedings, shall be transmitted to the president, provost, and respondent within sixty days of the date that the final hearing panel is convened.

(H) The president.

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

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

(b) Recommend to the board of trustees termination of employment for cases of grave misconduct or non-trivial financial fraud on such terms and conditions as the president may deem advisable;

(c) Remand the case to the hearing panel for reconsideration; or

(d) In the event that the president determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the president shall return the case back to a previous step of the process.

(2) The president's decision on all sanctions less than termination of employment is final.

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

(4) The president shall make a decision within thirty days.

(I) Board of trustees.

The board of trustees, in reviewing and deciding upon a case in which termination of employment has been recommended, has the ultimate authority to take that action necessary to promote the best interest of the university and to protect the rights of the individual. In such cases, the board shall have the discretion to decide whether the respondent has an opportunity to present to it arguments in writing, or in person, or both.

Last updated January 20, 2026 at 8:16 AM

History

  • Effective: January 16, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-04.5

(A) This rule applies to complaints made against tenured faculty members under the post-tenure review process set forth in section 3345.453 of the Revised Code and the faculty annual review, post-tenure review, and reappointment policy. A tenured faculty member shall be required to undergo a post-tenure review if they: (1) receive a rating of "does not meet expectations" in the same area on their annual performance evaluation twice within any three-year period; (2) receive a rating of "does not meet expectations" in any area on their annual performance evaluation within two years following the conclusion of a previous post-tenure review; or (3) the faculty member's department chair or dean or the provost determines that there is cause to find that the faculty member has a documented and sustained record of significant underperformance outside of the faculty member's annual performance evaluation, provided that cause may not be based on an allowable expression of academic freedom as defined by the university or Ohio law. Post-tenure reviews arising from performance evaluations shall only be based on areas in which the faculty member spent at least five percent of their effort for the evaluation year. A tenured faculty member may be disciplined up to and including termination for violations established under this rule.

(B) Preliminary proceedings.

(1) Within thirty days after a tenured faculty member meets one of the conditions set forth in paragraph (A) of this rule, the faculty member's department chair shall submit a letter to the vice provost for faculty affairs explaining the concerns set forth in the evaluations or a separate statement outlining an alleged documented and sustained record of significant underperformance outside the evaluations, and providing copies of the faculty member's five most recent performance evaluations and any responses submitted by the faculty member for consideration as part of the post-tenure review as well as any other documentation that the department chair deems relevant. This letter shall serve as the complaint for the purposes of the post-tenure review.

For the purposes of this rule, the term "department chair" shall include school directors as well as associate deans for colleges without departments. For regional campus faculty, the campus dean and director shall be responsible for filing the complaint in consultation with the TIU head.

(2) The vice provost shall have fourteen days to review the complaint and ensure that it contains all required information to conduct the post-tenure review. Thereafter, the vice provost shall provide a copy of the complaint to the respondent and refer the complaint to the relevant college investigation and sanctioning committee, which shall officially begin the post-tenure review process.

(3) Only allegations stated in the complaint shall be considered at the various stages of deliberation. However, additional facts relevant to the allegations set forth in the complaint may be presented throughout the process.

(C) College investigation and sanctioning committee.

(1) Each college shall appoint a standing college investigation and sanctioning committee, which shall fulfill the responsibilities set forth in this paragraph and shall be comprised solely of tenured faculty. A college may include faculty members from other colleges on its committee. Should a college have more than one complaint, it has the authority to convene multiple panels of the committee as needed. Each member of the standing college investigation sanctioning committee must receive required training before conducting an investigation under this rule.

(2) Upon receipt of a referral of a complaint from the vice provost, the committee shall be responsible for reviewing the faculty member's performance as documented in the annual reviews and any accompanying information, with a specific focus on those areas in which the faculty member received "does not meet expectations" ratings that triggered the post-tenure review, or on the information provided when the complaint alleges a documented and sustained record of significant underperformance outside of the faculty member's annual performance evaluation. The committee shall meet with the department chair and the respondent and shall review any documentary evidence provided by these parties. The respondent shall be given copies of any documentary evidence provided to the committee as part of the investigation and be given an opportunity to respond to all such documentation. The committee shall have the authority to gather information relevant to the complaint, including by interviewing individuals other than the complainant and respondent as the committee sees fit or as recommended by the complainant or respondent. The committee shall strive to maintain confidentiality in the proceedings.

(3) At the conclusion of the investigation, the committee shall prepare a preliminary report that identifies the proposed findings of fact regarding whether the faculty member's performance was substantiated as "does not meet expectations," or whether an allegation of a documented and sustained record of significant underperformance outside of the faculty member's annual performance evaluation was substantiated. In making this determination, the committee must recognize that department chairs and deans have discretion to set performance expectations for their units and to evaluate performance according to those expectations, and that the committee may not substitute its judgment for the legitimate exercise of such discretion. However, the committee must still find that the alleged performance failures are supported by clear and convincing evidence to sustain a finding, and document its conclusions in the preliminary report. The committee shall provide that document to both the department chair or dean as applicable and respondent for review. Each party shall have seven days to respond and to identify any alleged errors or omissions in the findings.

(4) Following review of any comments by the parties, the committee shall thereafter make any modifications to the report that it deems appropriate and issue a final report which shall include its proposed sanctions.

(5) In evaluating sanctions, the committee shall consider the totality of the circumstances, including aggravating and mitigating factors.

(a) Aggravating factors may include, but are not limited to:

(i) The significance and impact of the faculty member's failure to meet expectations;

(ii) The strength of the evidence presented;

(iii) Whether there is a demonstrated pattern of failing to meet expectations;

(iv) The extent to which the respondent's conduct impacted students, staff, other faculty, their tenure-initiating unit's operations, and/or the university's reputation; and

(v) The respondent was offered feedback and resources to improve performance that were not utilized.

(b) Mitigating factors may include, but are not limited to:

(i) The respondent's conduct did not have a significant negative impact on students, staff, other faculty, their tenure-initiating unit's operations, and/or the university's reputation;

(ii) The respondent's performance met or exceeded expectations in some areas of their evaluation, and/or the respondent has a consistent history of meeting or exceeding expectations in the areas in which they currently do not meet expectations;

(iii) Documented external factors beyond the respondent's control contributed to the failure to meet expectations; and

(iv) The respondent accepted responsibility for the failure to meet expectations.

(6) The committee shall have the authority to recommend sanctions as it sees fit as long as the sanctions are commensurate with the nature of the complaint and the committee's analysis of any aggravating and mitigating factors. Sanctions may be of a discrete or continuing nature, but sanctions of a continuing nature must specify the period of time in which they are applicable. Sanctions may include, but are not limited to the following, and may further include a combination of sanctions:

(a) Verbal reprimand;

(b) Written reprimand;

(c) Mandatory training and professional development or other rehabilitation;

(d) Reduction of salary base;

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

(f) Reduction of full-time equivalent (FTE) appointment;

(g) Reduction of rank;

(h) Revocation of tenure;

(i) Termination of employment.

(7) The committee shall complete its investigation and submit its report to the respondent's dean within forty-five days of the delivery of the complaint to the committee. The committee may seek a single, fifteen-day extension from the provost if needed pursuant to paragraph (K) of rule 3335-5-04 of the Administrative Code.

(D) Decision by the dean.

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

(a) Dismiss the complaint if the committee found that the complaint was not substantiated and the dean concurs with that finding;

If the dean determines that the committee erred in recommending dismissal of the complaint, the dean may return the case to the committee to address the error. In the event that a case is returned to the committee, the dean must specify the error at issue, and the committee shall address that error in accordance with the requirements of this rule and resubmit its finding to the dean within fourteen days.

(b) Impose the committee's proposed sanction;

(c) Impose what would reasonably be interpreted as an equivalent or lesser sanction to the committee's sanction; or

(d) Increase the committee's sanction.

(2) The dean shall make a decision in seven days. The final report of the college investigation and sanctioning committee and the dean's decision shall be sent to the complainant and the respondent.

(a) Appeals:

(i) The dean's decision shall be final in all cases in which the sanction imposed is a verbal reprimand, a written reprimand, or mandatory counseling or training, but a respondent may place a response to this sanction in their primary personnel file.

(ii) If the dean imposes any other sanction except for revocation of tenure or termination of employment, the respondent shall have the right to appeal in writing to the provost.

(iii) If the dean imposes a sanction that revokes tenure or terminates employment, the matter shall be automatically appealed to the provost.

(iv) In all appeals, whether discretionary or automatic, the respondent may identify their position on the case in writing to the provost. All such submissions and all discretionary appeals must be filed within seven days after notice of the dean's decision was mailed.

(E) Review of appeals by the provost.

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

(a) Affirm the dean's sanction;

(b) Impose what would reasonably be interpreted as an equivalent or lesser sanction to the dean's sanction;

(c) Increase the sanction; or

(d) In the event that the provost determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the provost shall return the case back to a previous step of the process for further proceedings as appropriate. If the provost returns the case to the committee, the committee shall address the error or new evidence and resubmit its finding to the dean within fourteen days. If the provost returns the case to the dean, the dean shall address the error or new evidence and resubmit their decision to the provost within seven days.

(2) The provost shall make a decision within seven days of receiving materials from the dean and respondent as applicable.

(3) If the provost affirms the dean's decision to terminate employment, or imposes or upholds a sanction set forth in paragraphs (C)(6)(g) to (C)(g)(i) of this rule, the respondent may appeal to the faculty hearing committee. In all other cases, the provost's decision shall be final.

(4) An appeal by the respondent must be in writing and must be filed with the faculty hearing committee within fourteen days after notice of the provost's decision was mailed. Appeals to the faculty hearing committee shall be limited to one or more of the following grounds:

(a) The sanction is disproportionate to the violations committed in view of the aggravating and mitigating factors;

(b) Substantial new evidence has been discovered (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding); or

(c) There was a conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent.

(F) The faculty hearing committee.

(1) Within three days of receipt of an appeal from a respondent, the faculty hearing committee established by rule 3335-5-48.10 of the Administrative Code shall convene a hearing panel to consider the appeal and to provide a recommendation to the president regarding the appropriate action. The respondent and the provost or designee may each make one peremptory challenge to the seating of one person on the hearing panel and one peremptory challenge to the selection of a presiding officer. Any peremptory challenges must be made within twenty-four hours of receipts of the panel and presiding officer names.

(2) The parties to this hearing shall be the respondent and the provost, or designee.

(3) The hearing panel may restrict the attendance of persons at the proceedings. However, the respondent and the provost shall have the right to have one observer of their choosing present at all times.

(4) The provost, or designee, shall present the case to the hearing panel. In presenting the case, the provost may be advised and represented by the general counsel, or designee. The provost shall have the right to present witnesses and evidence and to examine witnesses and evidence presented by the respondent.

(5) Respondents shall have the right to represent themselves or to be represented by legal counsel or any other person of their choice. The respondent shall have the right to examine the witnesses and evidence presented against them in the hearing, to present witnesses and evidence on their own behalf, and to refuse to testify or be questioned in the proceedings without prejudice to their cause.

(6) The hearing panel shall receive testimony and other evidence as it deems relevant and material to the issues appealed, and may decline to receive evidence presented by the provost or the respondent that is not material and relevant to the appeal.

(7) An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the office of academic affairs.

(8) At the conclusion of the proceedings, the hearing panel shall make written conclusions with respect to each substantive issue raised at the hearing:

(a) If the respondent challenges the appropriateness of the sanction, the faculty hearing committee shall set forth what their recommended sanction is in accordance with the factors set forth in paragraph (C)(5) of this rule.

(b) If the respondent alleges conflict of interest, procedural error, or substantial new evidence, the faculty hearing committee shall set forth what their conclusions are and whether they believe that further proceedings are appropriate.

(9) The faculty hearing committee's report, together with a recording of the proceedings, shall be transmitted to the president, provost, and respondent within thirty days of the date that the final hearing panel is convened.

(G) The president.

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

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

(b) Recommend to the board of trustees termination of employment;

(c) Remand the case to the hearing panel for reconsideration; or

(d) In the event that the president determines that substantial new evidence exists (evidence that was not available at the time of the initial investigation and that may reasonably have affected the finding of misconduct) or there was conflict of interest or procedural error in the previous steps of the process that resulted in material harm or prejudice to the respondent, the president shall return the case back to a previous step as appropriate.

(2) The president's decision on all sanctions less than termination of employment is final.

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

(4) The president shall make a decision within fourteen days.

(H) Board of trustees.

The board of trustees, in reviewing and deciding upon a case in which termination of employment has been recommended, has the ultimate authority to take that action necessary to promote the best interest of the university and to protect the rights of the individual. In such cases, the board shall have the discretion to decide whether the respondent has an opportunity to present to it arguments in writing, or in person, or both.

Last updated September 4, 2025 at 7:24 AM

History

  • Effective: September 4, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-08

The university shall have a policy on research misconduct ("the policy") issued and maintained by the university research committee. "research misconduct" means fabrication, falsification or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion.

(A) Objectives.

(1) The policy shall aim to protect both the integrity and the reputation of research and scholarship produced by members of the university community.

(2) The policy shall aim to protect the integrity and reputation of the university and its scholars from false or unproven allegations of research misconduct. For this reason, the university assumes that a person accused of research misconduct is innocent of any allegations until the contrary has been established by a final decision reached under the policy and the applicable disciplinary rules or procedures. The procedures undertaken pursuant to the policy are intended to be investigatory, not adversarial.

(B) Jurisdiction.

(1) The policy shall apply to all university personnel who may be involved with research activities, including faculty members, staff, students, research associates and fellows, post-doctoral fellows, and other research trainees.

(2) The policy shall therefore apply to all research and scholarship conducted within the university community, irrespective of the funding source, if any, which supports the research or scholarship.

(3) The terms "research" and "scholarship" shall be broadly construed, including activities ranging from scientific experimentation to artistic expression to research and scholarship in the humanities.

(4) All persons to whom the policy applies, including those accused of research misconduct, have a duty to cooperate with all proceedings under the policy as well as any subsequent investigations. Such cooperation shall include providing research records and other relevant information to the vice president for research and/or their designee.

(C) Confidentiality.

To the extent possible within the law and in accordance with the need to conduct a thorough inquiry, all participants in the actions initiated pursuant to the policy shall keep confidential all information regarding allegations and proceedings until the university process, including any disciplinary action, has concluded and all avenues of appeal under the university rules (if pursued) have been exhausted. The research integrity officers, in consultation with the institutional deciding official, shall be the university officials responsible for determining when a release of information is necessary or appropriate.

(D) Administration of the policy.

(1) The research integrity officers shall be responsible for disseminating the policy to the research community and handling all allegations of research misconduct. In order to foster broad familiarity with the policy, as well as its flexibility regarding changing standards external to the university, the full policy document shall be publicized by the office of academic affairs, the graduate school, the office of human resources, the enterprise for research, innovation and knowledge, the office of research, the university research committee, the office of undergraduate research and creative inquiry, and the university senate.

(2) The institutional deciding official shall designate the research integrity officers as the responsible officials for administering the policy. The research integrity officers shall not be university counsel acting in that capacity, but shall consult with university counsel to ensure that the requirements of the law and university policy are being satisfied.

(E) Administrative actions.

The institutional deciding official may, during proceedings under the policy or any subsequent investigation, take whatever administrative actions that are in their judgment needed to ensure the integrity of the investigation and to protect research funds, material, equipment, or records, or the legitimate interest of research subjects, patients, clients, or research animals.

(F) Definitions.

The key terms for the policy shall be defined in the policy document.

(G) Procedures.

(1) The policy shall describe procedures pertaining, but not limited to: assessing whether an allegation has been made in good faith and has merits; investigating pursuant to such findings; the role of administrators and other individuals in the process; the time line for such investigations; protecting data; reporting to sponsors and clients; and sanctions.

(2) A finding of research misconduct requires that:

(a) There be a significant departure from accepted practices of the relevant research community;

(b) The misconduct be committed intentionally, knowingly, or recklessly; and

(c) The allegation be proved by a preponderance of the evidence.

Last updated March 30, 2026 at 7:39 AM

History

  • Effective: March 30, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-05 Procedures concerning faculty complaints about promotion, tenure and renewal decisions.

(A) Definitions and construction.

(1) Complaints concerning promotion, tenure, or renewal decisions may be made to the committee on academic freedom and responsibility by any member of faculty as defined in rule 3335-5-19 of the Administrative Code

(2) In all formal proceedings under this rule, the burden of going forward and the burden of establishing proof shall be on the complainant.

(3) "Improper evaluation," as used in this rule, shall mean:

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

(b) That such decision was based upon reasons or considerations that infringe a constitutional right of the complainant.

(4) In considering complaints alleging an improper evaluation under this rule, the review should consider only whether those individual(s) making the decision followed the appropriate procedures, considered the important evidence material to a fair determination, and acted in a responsible manner. When reviewing complaints, neither the committee on academic freedom and responsibility nor the faculty hearing panel shall substitute its judgment on the merits of the individual's performance for that of the academic unit.

(5) If a complaint is dismissed by either the committee on academic freedom and responsibility or a hearing panel pursuant to this rule, no appeal may be taken by the complainant.

(6) All records of the proceedings under this rule shall be kept in the office of the executive vice president and provost and shall not be open to public inspection without the written permission of the complainant and the executive vice president and provost.

(B) The committee on academic freedom and responsibility.

(1) Complaints alleging improper evaluation shall be presented in writing to the faculty members of the committee on academic freedom and responsibility (hereinafter "committee") and to the executive vice president and provost within thirty days (whenever practical) after a faculty member has been notified of the decision the faculty member wishes to challenge.

(2) Upon receipt of a written complaint alleging improper evaluation, the committee shall have sixty days to review the complaint, and evidence relating to it (including evidence on behalf of the academic unit) to determine whether reasonable and adequate grounds exist for asserting improper evaluation.

(3) By means of informal procedures, the committee shall review the complaint, and evidence relating to it (including evidence on behalf of the academic unit) to determine whether reasonable and adequate grounds exist for asserting improper evaluation.

(4) If the committee determines that no reasonable and adequate grounds exist for asserting improper evaluation, it shall dismiss the complaint and forward all files on the matter to the executive vice president and provost.

(5) If the committee determines that reasonable and adequate grounds may exist for asserting improper evaluation, it shall forward the complaint and all additional materials gathered during examination of the complaint to the faculty hearing committee and to the complainant, established pursuant to rule 3335-5-48.9 of the Administrative Code.

(6) If the committee is unable to reach a decision in the allotted sixty days, the complaint shall be forwarded to the faculty hearing committee.

(C) The faculty hearing committee.

(1) Upon receipt of a complaint alleging improper evaluation, the chair of the faculty hearing committee shall meet with the complainant to discuss the issues in the complaint and to inform the complainant about the procedures to be followed in the hearing.

(2) Within thirty days of receipt of a complaint, pursuant to paragraph (B)(6) of this rule, the faculty hearing committee shall select a hearing panel according to the method provided in rule 3335-5-48.10 of the Administrative Code, to conduct proceedings in order to determine whether there is validity in the complaint. The hearing panel shall make every effort to conclude the hearing within sixty days, and the chair of the faculty hearing committee shall make every effort to submit the written report of the hearing to the executive vice president and provost within thirty days.

(3) Actions being challenged under this rule shall be responded to by the executive vice president and provost or designee.

(4) In matters involving allegations under paragraph (A)(3)(b) of this rule, the hearing panel shall conduct its proceedings in a collegial manner in accordance with the following guidelines:

(a) The complaint shall be set forth in writing and a copy furnished to the party or parties that are alleged to have committed the infringement.

(b) The hearing panel may restrict the attendance of persons at the proceedings, provided that the complainant shall not be denied the right to have one observer of their choosing present at all times.

(c) Both complainant and respondent shall have the right to be accompanied and advised by any person of their choice, to present witnesses and evidence on their own behalf, and to examine witnesses and evidence.

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

(e) An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the office of the executive vice president and provost.

(5) In matters involving complaints under paragraph (A)(3)(a) of this rule, the hearing panel shall conduct an investigatory proceeding in accord with the following guidelines:

(a) The proceeding shall not be adversarial in nature. The proceeding is an investigation leading to a report on whether or not adequate consideration was accorded.

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

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

(d) The hearing panel shall request an oral or written report on the procedures followed and the evidence considered in reaching the decision that led to the complaint. The person or group who makes the decision may be called upon to demonstrate that all important and material evidence was considered.

(6) At the conclusion of a hearing, the hearing panel shall:

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

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

(c) When it has found that an improper evaluation has been made, makes a recommendation as to steps that could be taken to assure a new, fair, and impartial hearing.

(d) Shall be submitted to the dean of the college in which the complainant is a member and to the executive vice president and provost. The executive vice president and provost, in consultation with the hearing panel and the chair of the faculty hearing committee, shall take such steps as may be deemed necessary to assure a new fair, and impartial evaluation. A copy of the hearing panel's findings shall also be sent to the president.

(7) If a decision is remanded under paragraph (C)(6)(c) of this rule, it shall be reconsidered promptly. Within thirty days of the receipt of the hearing panel's decision, the executive vice president and provost shall respond in writing to the hearing panel and the president, stating what action has been taken and the reasons therefor.

(8) A copy of all findings and recommendations of a hearing panel shall be provided to the complainant.

(D) The president.

(1) Upon receipt of a report under paragraph (C)(7) of this rule, the president shall review the matter and take whatever action the president deems appropriate.

(2) All decisions of the president under this rule shall be provided in writing to the hearing panel and the complainant.

Last updated October 11, 2023 at 8:37 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.9

(A) Membership.

The committee on academic freedom and responsibility shall consist of ten members.

(1) Eight faculty, at least four of whom are senators or senators-elect at the time of their appointment by the faculty council. The term of service begins in the summer term following election and extends through the summer term following the third year of service.

(2) One graduate teaching, research, or administrative associate, appointed by the council of graduate students.

(3) One staff member, appointed by the university staff advisory committee.

(B) Terms of service.

(1) Term of service for the committee begins on May sixteenth following election and extends until May fifteenth of the final year of service.

(2) Faculty members serve a three-year term, renewable once. After six years of continuous service, faculty are ineligible for reelection or reappointment until one full year has elapsed.

(3) The staff member serves a three-year term, renewable once. After six years of continuous service, staff are ineligible for reelection or reappointment until one full year has elapsed.

(4) The graduate student member serves a one-year term, renewable once.

(5) A chair serves as chair beginning on May sixteenth. The chair shall be a faculty member and may not serve as chair for more than two successive years.

(6) A chair-elect is selected in April to serve as chair-elect during the subsequent year. The chair-elect serves as chair beginning on May sixteenth the following year.

(C) Duties and responsibilities.

(1) Study all conditions which may affect the academic freedom or responsibility of the faculty and other employees of the university engaged in teaching and/or research, including, but not limited to:

(a) The review of proposed changes in Chapter 3335-6 of the Administrative Code (rules of the university faculty concerning faculty appointment, reappointments, promotion and tenure); and

(b) Such changes in the office of academic affairs policies and procedures volume three promotion and tenure as may impinge upon academic freedom, responsibility, or tenure. If the committee finds that any such condition or proposed change adversely affects academic freedom, responsibility, or tenure, it shall report that finding promptly to the senate for its review.

(2) Hear and investigate complaints by individual faculty members concerning alleged infringements upon academic freedom or responsibility in the university; report findings and recommendations to the parties involved with the hope of mediating a dispute and report to the senate if further action by the senate is appropriate.

(3) Hear and investigate complaints by individual faculty members concerning alleged improper evaluation under the procedures of rule 3335-5-05 of the Administrative Code.

(D) Organization.

(1) A quorum consists of four members from August fifteenth to May fifteenth and three members from May sixteenth to August fourteenth.

(2) As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

(3) Graduate student and staff members are recused in cases pertaining to promotion and tenure of faculty members.

Last updated June 25, 2026 at 8:01 AM

History

  • Effective: June 25, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-06 Guest speakers.

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

History

  • Effective: October 29, 1989
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-03

(A) University facilities may be scheduled and used only if the meeting is sponsored by at least one of the following: the university; an administrative unit of the university; the president or a member of their staff; a member of the university faculty; a club or committee of faculty members, staff members, or their spouses; or a recognized student organization (see rule 3335-11-03 of the Administrative Code).

(B) The office of the university registrar shall be responsible for the scheduling of and shall have the necessary authority to schedule all university facilities. No meeting shall be scheduled in or announced for any university facility unless permission to use the facility has been obtained in advance from the office of the university registrar. All requests for the use of university facilities shall indicate the nature of the proposed meeting. If the proposed meeting is one to which a guest speaker is to be invited, the request for the use of university facilities shall indicate the name of the guest speaker and shall be submitted to the office of the university registrar at least two weeks prior to the date the meeting is to be held, but such two-week period may be waived by the office of the university registrar if the exigencies of the situation so require and the orderly scheduling of university facilities would not be unduly prejudiced (see rule 3335-5-06 of the Administrative Code).

(C) The word "meeting" as used in rules 3335-5-06, 3335-11-06, and 3335-13-03 of the Administrative Code means any meeting using university facilities to which the faculty, staff, students or public is invited, except regularly scheduled university courses, conferences approved under university procedures, and meetings of state, regional, national or international organizations approved under university procedures.

(D) The responsibility and authority of the office of the university registrar under this rule may be delegated by it to a member of the faculty or of the staff of this university.

Last updated October 16, 2023 at 9:23 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-07 Definition of faculty duties and responsibilities.

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

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

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

History

  • Effective: June 25, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-08 Absence from duty.

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

Last updated October 11, 2023 at 8:37 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-12 Rules of the university faculty; incorporated in contracts.

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

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-13 Membership.

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

Last updated October 11, 2023 at 8:38 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-34

(A) The units of a college organization for instruction, research, and service are the school, department, and division.

Each of these units should normally meet the following qualitative requirements:

(1) A recognized, discrete area of academic concern not already included within the mission of another school, department or division.

(2) A proposed or existing academic program at both undergraduate and graduate or graduate professional levels.

(3) A source of faculty members prepared to offer academic work in the subject concerned.

(4) An academic subject that offers research and/or public service opportunities in addition to formal classroom teaching and has the potential for developing recognition by other scholarly groups.

(5) An academic field that has developed or is in the process of developing a student clientele either for the purpose of major programs or as an important "service" discipline to other major programs.

(6) The ability to assume primary fiscal responsibility.

(B) A particular unit may not meet all the aforementioned criteria, but the formation of a unit that does not meet all of the criteria should only be approved when circumstances dictate that approval is important to the academic development of the university.

(C) Schools and departments shall have a minimum of ten tenure-track faculty positions spread through at least one of each of the three academic ranks of assistant professor to professor, unless persuasive academic reasons demonstrate the need for exceptions.

(D) A school is differentiated from a department as follows:

(1) The undergraduate or graduate work offered by a school may lead to tagged degrees.

(2) Recipients of "tagged" degrees shall be recommended for such degrees by the faculty of the appropriate school.

(3) A school, with the exception of the graduate school, may be organized into departments, divisions, or sections.

(4) A school, with the exception of the graduate school, shall be responsible to a college for administrative purposes. Curricular proposals developed by the school shall be transmitted to the council on academic affairs for review and action after approval by the college dean or designee.

(5) A school may establish its own admission and retention policies and requirements within the framework of university policies and may retain student personnel records for those students enrolled in degree programs under the control of the school. To facilitate the conduct of these activities, a school shall appoint a secretary, with the responsibilities outlined for a secretary of a college (see rule 3335-3-33 of the Administrative Code).

(E) A "division" is an academic unit established within a college or a school to provide for a developing need in a circumscribed subject. The head of such a unit shall be known as the chair of a division, shall have academic responsibility, and may be assigned fiscal responsibility by the respective dean of the college or director of the school. This unit shall be responsible for instruction, service, and research in a specific academic concern. Such units may be established in any field in which a new department is not feasible, but in which there is a possibility that growth in the subject may eventually lead to the status of a department. However, the determination to establish such a unit need not be based solely on the presumption that such a unit will attain this status. The status of these units shall be reviewed periodically by the council on academic affairs.

(F) A "section" is an informal unit within a school, department, division, or academic center that is established to expedite the administration of a given academic subject. The function of a section shall be to assist the parent unit in the administration of the subject and to provide an organizational structure for relationships with professional organizations or other individuals with similar interests. The faculty member in charge shall be known as the section head. The head of the section is appointed by the administrator of the parent unit and has responsibilities delegated by the administrator of the parent unit. The formation of a section must be reported to the council on academic affairs.

(G) The establishment or abolition of schools, departments, and divisions shall require approval by the council on academic affairs, the university senate, and the board of trustees (see rule 3335-3-37 of the Administrative Code).

Last updated September 20, 2022 at 8:49 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-27

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

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

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

History

  • Effective: July 9, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.1

(A) Membership.

The council on academic affairs shall consist of eighteen members.

(1) Ten faculty.

(a) Six faculty, at least two of whom are members of the senate, selected by the faculty council.

(b) Four faculty appointed by the president.

(2) Five students. The term of service is two years.

(a) Two graduate students.

(b) One professional student.

(c) Two undergraduate students.

(3) One academic advisor, appointed by the dean of undergraduate education. The term of service is two years.

(4) Two administrators. executive vice president and provost, or designee.

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

(b) A college-level curricular dean, appointed by the executive vice president and provost. The term of service is two years.

(B) Duties and responsibilities.

(1) Make recommendations to the senate concerning the educational and academic policies of the university (see rule 3335-5-41 of the Administrative Code). This responsibility shall include, but shall not necessarily be limited to, the power to make recommendations concerning the establishment, alteration and abolition of all curricula and courses offered by the university or any division thereof; of all degrees and certificates conferred under authority of the university or any division thereof; and of all colleges, departments, and schools. It may conduct such investigations and appoint such committees as are reasonably necessary to carry out its responsibilities under this chapter. Committees appointed by this council may be discharged by it at any time.

(2) Initiate recommendations to the senate and review all proposed changes in the educational and academic policies of the university. In reviewing proposed changes, the council shall:

(a) Receive from the various colleges and schools, pursuant to the exercise of their powers under rule 3335-5-14 of the Administrative Code, proposals for the establishment, alteration or abolition of courses and curricula, of departments, schools, and divisions within a college, and of academic degrees (see rules 3335- 3-37, 3335-8-02, and 3335-8-03 of the Administrative Code);

(b) Receive from the graduate school, pursuant to the exercise of powers conferred upon the graduate council by rule 3335-5-35 of the Administrative Code, its proposals for the adoption, alteration or abolition of graduate-credit courses and curricula, and of academic degrees administered by it (see rules 3335-8-02 and 3335-8-03 of the Administrative Code).

Upon proposals respecting courses and curricula, the council shall act with finality subject to the rights of the graduate school or of any college to bring the council's decision before the senate for review. With respect to other submissions to it, the council shall make its recommendations to the senate after notice thereof, in at least abbreviated form, has been given in the official bulletin. Failure of the council on academic affairs to act or to submit its recommendations will not deprive the senate of power to review these other submissions.

(3) Foster, as needed for interdisciplinary programs involving two or more academic areas, the establishment of faculty coordinating units reporting to the council. These units shall perform coordinative functions similar to those of the faculty of the college of arts and sciences (see rule 3335-5-27 of the Administrative Code) and shall serve the interdisciplinary interest of academic programs both within and among the several colleges of the university.

(4) Appoint "ad hoc" arbitration committees to help solve problems created by any major reorganization of the academic structure of the university. The role of such committees shall be:

(a) To encourage discussion between and within groups of faculty members of departments or schools when it is apparent that relocation in a different organizational environment is a source of concern to some of these groups;

(b) To hear viewpoints and where necessary to take the lead in the arbitration of problems of individuals or groups who feel their professional development may be adversely affected by the revised organization.

If agreement cannot be reached by consultation or arbitration, an arbitration committee may make a recommendation to the senate through the council on academic affairs on what should be done to solve the problem at issue from the standpoint of what is best for the university.

(5) Review the academic organization of the university at five-year intervals to make certain it is kept as closely attuned as possible to changing needs. Any suggestions for modifications and improvements shall be reported to the senate.

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

(7) Review the administration's proposals following the determination of a state of financial exigency as provided under rule 3335-5-02.1 of the Administrative Code.

(C) Organization.

(1) The chair of the council shall be elected for a one-year term by the council from the membership of the council. The vice chair of the council shall be elected for a one-year term by the council from the membership of the council. The chair (or in that person's absence, the vice chair) shall preside at all meetings of the council.

(2) Reports by the council on academic affairs to the president, other than those made through the senate, shall be made by the chair through the executive vice president and provost.

(3) As a standing committee of the senate, this council is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 16, 2023 at 8:48 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-02

(A) All proposals for the establishment, alteration and abolition of courses and curricula must be submitted to the council on academic affairs. Such proposals shall follow the procedure outlined in rule 3335-5-48.1 of the Administrative Code and shall be subject to review by the president and the board of trustees.

(B) If any change in courses or curricula requires an addition to the teaching staff, it shall not be authorized until approved in writing by the executive vice president and provost.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-25

(A) For the purpose of administering the various programs of the university, there shall be established educational and administrative units within the university. All units of the university shall be established, altered, or abolished only by the board of trustees.

(B) Procedures for recommending the establishment, alteration and abolition of educational units shall be promulgated by the university faculty or the university senate and approved by the board of trustees (see rules 3335-3-37 and 3335-5-48.1 of the Administrative Code). Procedures recommending the establishment, alteration and abolition of administrative units shall be promulgated by the president and approved by the board of trustees.

(C) The basic organization of the educational units of the university shall be as established in paragraph (B) of rule 3335-1-05 of the Administrative Code.

Last updated September 20, 2022 at 8:46 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-27

The graduate school shall consist of those components established in paragraph (B)(4) of rule 3335-1-05 of the Administrative Code.

History

  • Effective: June 23, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-37

(A) Definitions.

(1) The term unit refers to departments, schools and colleges.

(2) For purposes of this rule, the term alteration shall refer to the consolidation or reconfiguration of units. Consolidation shall refer to the combining of two or more units, with little or no additional change. Reconfiguration shall refer to the breaking apart of existing units and their academic programs and recombining the faculty and programs into new units.

(3) For the purposes of this rule, the term abolition shall refer to the complete elimination of a unit and the academic programs it provided.

(4) Alteration or abolition described herein may be initiated without a declaration of financial exigency.

(B) Procedure for alteration or abolition of departments and schools.

(1) A proposal to alter or abolish a department or school may be initiated by any of the following:

(a) The dean of the college administratively responsible for the department(s) or school(s) for which alteration or abolition is proposed,

(b) The executive vice president and provost,

(c) The council on academic affairs, or

(d) Faculty from the affected unit(s).

(2) A proposal for alteration or abolition of a department or school must include an analysis with the following elements. It shall be the responsibility of the party making the proposal to provide this analysis.

(a) A rationale for alteration or abolition of the department or school which includes a history of the formation, activities and evaluation of the performance of the unit.

(b) An enumeration of all faculty affected by the alteration or abolition of the department(s) or school(s).

(c) A person-by-person analysis of the proposed reassignment or other accommodation of the faculty identified in paragraph (B)(2)(b) of this rule, including a statement of the impact on promotion and tenure. No tenured faculty member shall be involuntarily terminated as a result of this process. However, faculty may be transferred to another unit in accordance with paragraph (C)(2) of rule 3335-6-06 of the Administrative Code, also considering the teaching, research, and service expertise of the individual.

(d) An analysis of the academic courses now taught by the department(s) or school(s) and provisions for their reassignment to other department(s) or school(s), if relevant.

(e) An analysis of the students affected by the proposal, including majors, non-majors, professional and graduate students.

(f) Specific proposals regarding support for currently enrolled students until degree completion.

(g) An analysis of the budgetary consequences to all relevant department(s) or school(s) resulting from the proposal.

(h) An analysis of the services lost to the rest of the university as a consequence of the proposal.

(i) An analysis of impact on constituencies external to the university, including alumni.

(j) An analysis of the impact on governance at all relevant levels as a consequence of the proposal.

(k) An analysis of the impact upon diversity.

(l) An analysis of the impact on the academic freedom and responsibility of all affected faculty.

(3) The proposal must be discussed with affected faculty, students, and staff, who may provide written and verbal feedback. The proposal may be modified by the proposal's initiator in response to feedback. Following a thorough consultative process with affected faculty, students, staff, and others as appropriate, the college faculty shall vote on the proposal. The proposal, along with the numerical vote of the college faculty, shall then be forwarded to the council on academic affairs.

(4) The proposal will be judged by the assessment parameters developed by the council on academic affairs and published in its guidelines. The council on academic affairs will review the proposal and will also evaluate the consultation process. It will then return the proposal to the initiator for additional work if the proposal or the consultation has been judged inadequate, or approve the proposal and send it to the university senate for consideration, or disapprove the proposal, which ends the process.

(5) If the council on academic affairs approves the proposal, a memorandum of understanding will be developed and signed by all relevant parties.

(6) The university senate shall vote on the proposal. If it approves the proposal, the recommendation shall be forwarded to the president. A negative vote ends the process.

(7) The president shall review the proposal. If in favor, the president will forward it to the board of trustees. If the board of trustees approves the proposal, then the executive vice president and provost will appoint an oversight committee to monitor the implementation of the process. The chair of faculty council or designee, the secretary of the university senate, one member of the committee on academic freedom and responsibility, and three members of faculty council shall be appointed to the oversight committee. The purpose of the oversight committee is to safeguard the interests of affected faculty, students, and staff. Through the chair of faculty council, the oversight committee will periodically report to the university senate, review and assess outcomes, suggest changes where targets are not being met, and assure that the memorandum of understanding is upheld. The oversight committee will present a final report to the senate.

(C) Procedure for alteration or abolition of colleges.

(1) The council on academic affairs, the executive vice president and provost, the dean, or faculty from the affected unit may initiate a proposal to alter or abolish a college.

(2) A proposal for alteration and abolition of a college must include an analysis of all of the elements outlined in paragraph (B)(2) of this rule. It shall be the responsibility of the party making the proposal to provide this analysis.

(3) The council on academic affairs shall appoint an ad hoc committee to evaluate the proposal. The ad hoc committee shall have a majority comprised of tenure-track faculty. The charge to the ad hoc committee and the composition of that committee must be agreed upon by the council on academic affairs, the executive committee of faculty council, and the executive vice president and provost.

The ad hoc committee shall evaluate the proposal, which shall include extensive consultation with affected faculty, students, and staff, and relevant parties external to the university, as described in paragraph (B)(3) of this rule.

(4) The recommendation of the ad hoc committee will be forwarded to the council on academic affairs and the executive vice president and provost.

(5) Prior to accepting or rejecting the ad hoc committee's recommendation, the council on academic affairs will consult with faculty council and the executive vice president and provost. The faculty council response, including its vote, and a letter of recommendation from the executive vice president and provost shall be considered by the council on academic affairs. The council on academic affairs will then either terminate the process or forward its positive recommendation to the university senate.

(6) If the council on academic affairs approves the proposal, a memorandum of understanding will be developed and signed by all relevant parties.

(7) The university senate shall vote on the proposal. If it approves the proposal, the recommendation shall be forwarded to the president. A negative vote ends the process.

(8) The president shall review the proposal. If in favor, the president shall forward it to the board of trustees. If the board of trustees approves the proposal, then the executive vice president and provost will appoint an oversight committee to monitor the implementation of the process. The chair of faculty council or designee, the secretary of the university senate, one member of the committee on academic freedom and responsibility, and three members of faculty council shall be appointed to the oversight committee. The purpose of the oversight committee is to safeguard the interests of affected faculty, students, and staff. Through the chair of faculty council, the oversight committee will periodically report to the university senate, review and assess outcomes, suggest changes where targets are not being met, and assure that the memorandum of understanding is upheld. The oversight committee will present a final report to the senate within one year of implementation.

Last updated September 20, 2022 at 8:50 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-15 Executive committee.

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

History

  • Effective: June 30, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-16 Meetings.

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

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-17 Membership.

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

History

  • Effective: July 11, 1996
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-35

(A) The chair of each department and the director of each school shall be the administrative head, respectively, of the department or school. The department chair and the director of a school perform a dual function. In addition to being the administrative head of the department or school, the chair or director represents the faculty of the department or school in dealing with the dean or others in the university administration. Upon the nomination of the president or their designee, the board of trustees shall appoint each chair and director for a term of four years subject to the annual review provisions of the office of academic affairs. A chair or director shall be eligible for reappointment. In selecting a chair or director, the president or their designee shall confer with the dean of the college involved. The dean, in turn, will consult with the faculty of the department or school on all campuses, as well as other appropriate university officials. The president or their designee shall give substantial weight to faculty recommendations in reaching a decision regarding a nomination or recommendation for reappointment. Department chairs and directors of schools report to the deans of their colleges.

(B) The president or their designee may remove a chair or director during a four-year term after consultation with the voting faculty and dean of the unit involved. The views of the faculty shall be given substantial weight in arriving at any decision to remove a chair or director from office.

(C) The duties of the chair of a department or the director of a school shall be as follows:

(1) To have general administrative responsibility for its program, subject to the approval of the dean of the college.

(2) To develop, in consultation with the faculty, a pattern of administration. This pattern of administration shall be made available to all present and prospective members of the faculty of the department or school, and a copy shall be deposited in the office of the dean of the college and in the office of the executive vice president and provost.

For purposes of defining minimum content, the following shall be included in the pattern of administration:

(a) A statement requiring the chair to provide a schedule of all regular faculty meetings (see rule 3335-5-18 of the Administrative Code) to all faculty members before the start of each semester, summer term, or session.

(b) A statement requiring the chair to maintain minutes of all faculty meetings and to maintain records of all other actions covered by the pattern of administration.

(c) A statement that the chair will consult with the faculty on all policy matters, and that such consideration will, whenever practicable, be undertaken at a meeting of the faculty as a whole.

(d) A statement recognizing in principle the presumption favoring majority faculty rule on all matters covered by the pattern of administration. This statement shall further provide that whenever majority faculty rule is not followed, the department or faculty chair, or school director, or dean and director of a regional campus, whichever is the case, shall explain the reasons for the departure to enhance communication and to facilitate understanding within the department. Where possible, this statement of reasons shall be provided before the departure occurs. This explanation shall outline the decision of the majority of the faculty, the decision of the department or faculty chair, or school director, or dean and director of the regional campus, whichever is the case, and the reasons the decisions differ. The explanation shall be communicated to the faculty in writing, where possible, or at a faculty meeting, with an opportunity provided for faculty to comment.

(e) A statement affirming that the faculty shall be consulted in the initiation and in the review and selection of new faculty members for appointment.

(f) A statement explaining how faculty duties and responsibilities in instruction, scholarship, and service are to be assigned and distributed equitably.

(3) To prepare, after consultation with the faculty and in accordance with the pattern of departmental administration, a statement setting forth the criteria and procedures according to which recommendations are made concerning appointments and/or dismissals, salary adjustments, promotions in rank, and matters affecting the reappointment and tenure of the faculty. This statement shall be made available to all present and prospective members of the department or school, and a copy shall be deposited in the office of the dean of the college and in the office of academic affairs. At the beginning of each four-year term of the chair of a department or the director of a school, the members of the department or school, the office of the dean of the college, and the office of academic affairs shall receive either a revision or reaffirmation of the original statement

(4) To operate the business of the department or school with efficiency and timeliness.

(5) To plan with the members of the faculty and the dean of the college the regular evaluation of instructional and administrative processes and methods for their improvement, and to develop a plan for ensuring that students progress toward timely program completion.

(6) To evaluate faculty members periodically in accordance with criteria approved by the board of trustees and subject to instructions from the executive vice president and provost, and also according to such supplemental criteria as may be set up by the department or school.

(7) To inform faculty members when they receive their annual review of their right to review their primary personnel file maintained by their tenure initiating unit and to place in that file a response to any evaluation, comment or other material contained in the file.

(8) To recommend to the dean of the college, after consultation with the faculty in accordance with paragraph (C)(3) of this rule, appointments, promotions, dismissals, and matters affecting the reappointment and tenure of members of the department or school faculty.

(9) To encourage research and educational investigations.

(10) To see that all faculty, regardless of their assigned location, are offered the departmental privileges and responsibilities appropriate to their rank.

(11) To lead in maintaining a high level of morale among faculty.

(12) To see that adequate supervision and training are given to those members of the faculty and staff who may profit by such assistance.

(13) To prepare (after consultation with faculty) annual budget recommendations for consideration by the dean of the college.

(14) To promote improvement of instruction by providing for the evaluation of each course when offered, including written evaluation by students of the course and instructors, and periodic course review by the faculty.

Last updated September 20, 2022 at 8:50 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-18 Meetings.

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

History

  • Effective: June 30, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-18.1 Membership.

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

History

  • Effective: July 1, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-18.2 Meetings.

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

History

  • Effective: March 17, 1980
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-02

(A) The Ohio state university will be recognized worldwide for the quality and impact of its research, teaching, and service. For purposes of faculty performance reviews under university rules:

(1) Research is broadly defined to include discovery, scholarly and creative work, applied research, commercialization, and the scholarship of pedagogy.

(2) Teaching is broadly defined to include didactic classroom, non-classroom and distance instruction, extension and continuing education, advising, and supervising or mentoring students or postdoctoral scholars.

(3) Service is broadly defined to include providing administrative service to the university, professional service to the faculty member's discipline, and disciplinary expertise to public or private entities beyond the university.

Each tenure initiating unit is responsible for establishing criteria for appointment, reappointment, and promotion and tenure that are consistent with this mission and for ensuring that every faculty appointment, reappointment, and promotion and tenure recommendation is consistent with this mission.

Appointment decisions for tenure-track faculty positions, as defined in rule 3335-5-19 of the Administrative Code, must be based on criteria that reflect strong potential to attain tenure and advance through the faculty ranks. A minimum requirement for appointment at or promotion to the rank of assistant professor or a higher rank is an earned doctorate or other terminal degree in the relevant field of study or possession of equivalent experience. Appointments at the rank of instructor should normally only be made when the offered appointment is that of assistant professor but the appointee has not completed the required terminal degree at the onset of the appointment. Appointments of tenure-track faculty should occur only after a national search.

(B) No faculty member attains tenure automatically. Tenure may be acquired either in the original appointment to the tenure-track faculty rank of associate professor or professor or upon promotion from within the university to the rank of associate professor, or following a successful probationary period at the rank of associate professor or professor (as specified in rule 3335-6-03 of the Administrative Code). Tenure will not be awarded below the rank of associate professor.

(C) The awarding of tenure and promotion to the rank of associate professor must be based on convincing evidence that the faculty member has achieved excellence as a teacher, as a scholar, and as one who provides effective service; and can be expected to continue a program of high quality teaching, scholarship, and service relevant to the mission of the academic unit(s) to which the faculty member is assigned and to the university. Promotion to the rank of professor must be based on convincing evidence that the faculty member has a sustained record of excellence in teaching; has produced a significant body of scholarship that is recognized nationally or internationally; and has demonstrated leadership in service.

(D) In evaluating the candidate's qualifications in teaching, scholarship, and service, reasonable flexibility shall be exercised, balancing, where the case requires, heavier commitments and responsibilities in one area against lighter commitments and responsibilities in another. In addition, as the university enters new fields of endeavor, including interdisciplinary endeavors, and places new emphases on its continuing activities, instances will arise in which the proper work of faculty members may depart from established academic patterns. In such cases care must be taken to apply the criteria with sufficient flexibility. In all instances superior intellectual attainment, in accordance with the criteria set forth in university rules, is an essential qualification for promotion to tenured positions. Clearly, insistence upon this standard for continuing members of the faculty is necessary for maintenance and enhancement of the quality of the university as an institution dedicated to the discovery and transmission of knowledge.

(E) Each tenure initiating unit shall have an appointments, promotion, and tenure document. The document shall describe, in qualitative terms, the unit's criteria for appointments, promotion, and tenure and evidence to be provided to support a case within the context of the unit's mission and the standards set forth in this rule as well as the mission and standards of the college. The document should indicate with some specificity how the quality and effectiveness of teaching, the quality and significance of scholarship, and the quality and effectiveness of service are to be documented and assessed. The document of a tenure initiating unit with regional campus faculty must establish criteria for appointments, promotion, and tenure for these faculty within the context of the regional campuses' mission as well as that of the tenure initiating unit. The document shall also describe the unit's procedures for conducting annual performance reviews of probationary faculty and reviews for promotion and tenure.

The document must be drawn up or amended through broad faculty consultation with all voting members of the tenure initiating unit according to the principles articulated in paragraph (C)(3) of rule 3335-3-35 of the Administrative Code and must be approved by the dean of the college and the executive vice president and provost.

(F) Each college shall have an appointments, promotion, and tenure document. The document shall describe, in qualitative terms, the college's criteria for appointments, promotion, and tenure within the context of the college's mission and the standards set forth in this rule. The document shall also describe the college's procedures for conducting college level reviews for promotion and tenure.

The document must be drawn up through broad faculty consultation and must be approved by the executive vice president and provost.

Last updated October 16, 2023 at 9:00 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-36

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

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

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

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

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

History

  • Effective: November 9, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-19.1 University faculty.

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

Last updated June 4, 2024 at 12:41 PM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-20

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

Last updated October 11, 2023 at 8:39 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-25

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

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

History

  • Effective: July 1, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-22 Meetings.

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

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

Last updated October 11, 2023 at 8:39 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-23

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

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-24 Vote.

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

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-26 Membership.

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

History

  • Effective: July 9, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-28

(A) The dean of libraries shall be appointed by the board of trustees upon nomination of the president. Before making this nomination, the president shall confer with the executive vice president and provost who, in turn, shall confer with representatives of the faculty of the university libraries and with the library committee.

(B) The dean of libraries shall have the responsibility and authority for administering the university libraries under the jurisdiction of that office and the university archives. In the discharge of library duties the dean shall be guided by the policies established by the library committee (see rule 3335-5-48.2 of the Administrative Code). The dean shall report to the president through the executive vice president and provost.

(C) Without limiting the generality of the foregoing, the dean shall evaluate continuously the administrative and operating practices of the university libraries under the jurisdiction of that office and the university archives, and lead in the study of methods in improving them; recommend appointments, promotions, and dismissals under the rules of the university; and prepare for the approval of the executive vice president and provost's annual recommendations for the budgets for personnel and for archives and library materials.

Last updated September 20, 2022 at 8:47 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-28 Meetings.

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

History

  • Effective: July 9, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-29 Membership.

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

History

  • Effective: November 9, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-30 Powers and functions.

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

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

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

(C) To perform the functions approved by the graduate council.

History

  • Effective: September 3, 2008
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-31 Meetings.

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

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

History

  • Effective: September 3, 2008
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-32 Graduate council.

There shall be established a graduate council with the following powers and subject to the following limitations in rules 3335-5-33 to 3335-5-35 of the Administrative Code.

Last updated October 11, 2023 at 8:40 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-33

There shall be a graduate council constituted as follows:

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

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

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

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

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

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

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

Last updated December 19, 2024 at 8:01 AM

History

  • Effective: December 19, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-35

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

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

History

  • Effective: September 3, 2008
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-34 Duties and responsibilities.

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

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

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

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

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

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

(F) To provide oversight for interdisciplinary graduate programs.

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

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

History

  • Effective: September 3, 2008
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-37 Membership.

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

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

(1) Twenty-four administration members.

(2) Seventy-one faculty members.

(3) Forty-one student members, consisting of twenty-six undergraduate, ten graduate, and five professional student members.

(4) Five staff members.

Any change in the number of members representing administration, faculty, staff or students shall necessitate an adjustment in the total membership in order to maintain to the nearest percentage the ratio of these numbers.

(B) Non-voting members: Unless they are already voting members of the senate, holders of the positions listed in this paragraph shall be non-voting members of the senate. Non-voting members are not entitled to vote on the floor of the senate, but may otherwise participate in all senate deliberations. They shall include the chair and chair-elect of faculty council, senate committee chairs, the president of the alumni association, the secretary and the recording secretary of the university senate, the president and vice-president of the undergraduate student government, the president and vice-president of the council of graduate students, the president and vice-president of the inter-professional council, and the chair and chair-elect of the university staff advisory committee.

Last updated September 20, 2022 at 8:51 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-38 Terms of office.

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

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

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

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

Last updated June 25, 2026 at 8:01 AM

History

  • Effective: June 25, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-39 Election bylaws.

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

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-43

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

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

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

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-40 Alternate members.

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

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

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

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

(D) A staff member shall designate an alternate from those selected as staff alternates.

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

Last updated June 25, 2026 at 8:01 AM

History

  • Effective: June 25, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-41 Powers.

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

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

(1) to establish the educational and academic policies of the university,

(2) to recommend the establishment, abolition, and alteration of educational units and programs of study,

(3) to recommend to the board of trustees candidates for honorary degrees,

(4) to recommend candidates for degrees and certificates (which power shall be reserved to the faculty and administrative members of the university senate).

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

History

  • Effective: July 1, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-42 Procedures for reconsideration.

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

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-44 Constituent bodies of the senate.

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

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

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

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

(D) The staff representatives to the senate shall designate to the university senate office one staff senator or the chair of USAC to be responsible for submitting to the senate those proposals and recommendations which come from the staff.

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

Last updated June 25, 2026 at 8:00 AM

History

  • Effective: June 25, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-45 Bylaws of the senate.

The university senate shall have the power to organize itself and to make such bylaws for its own proceedings as shall not contravene the sections of the Revised Code applying to the university, the "bylaws of the board of trustees," or the "rules of the university faculty." The senate's bylaws may be amended at any time by a majority of senate members present and voting thereon. The bylaws shall also be the subject of review by the rules committee at the beginning of each new autumn session of the senate. The senate bylaws are found in Chapter 3335-19 of the Administive Code.

Last updated October 11, 2023 at 8:41 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-45.1 Presiding officer.

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

Last updated September 22, 2023 at 1:50 PM

History

  • Effective: May 23, 1999
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-45.2 Secretary of the university senate.

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

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

(1) Serve as a resource person for members of the university community on matters relating to university governance and to activities of the university senate.

(2) Promote active, effective participation in university governance by the members of the constituencies of the university senate.

(3) Coordinate the responsibilities of the office of the university senate as described in rule 3335-19-09 of the Administrative Code.

(4) Serve as a voting member of the rules committee and a non-voting member of the steering committee of the university senate.

(5) Serve as a resource person for university and senate committees.

(6) Issue notification of senate meetings, agendas, and reports of senate actions in accordance with rule 3335-19-11 of the Administrative Code.

(7) Keep the records of the meetings of the university senate and furnish to the president for report to the board of trustees all matters passed by the university senate requiring board of trustees approval or action.

Last updated September 22, 2023 at 1:50 PM

History

  • Effective: November 9, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-09

There shall be a permanent office of the university senate, administered by the secretary of the university senate, to facilitate the orderly conduct of the meetings of the senate and the work of the committees of the senate. The office shall also be responsible for maintaining liaison between the senate and university committees. The staff shall consist of the secretary of the university senate and at least one full-time recording secretary.

History

  • Effective: May 8, 1983
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-11

(A) Official minutes of the senate meetings shall be taken and kept by the secretary of the university senate. A secretary's report of action taken at each meeting of the senate shall be sent to all members and alternate members after each meeting, and approved by senate action in a subsequent meeting.

(B) The official record and minutes of all senate meetings shall be those "secretary's reports on actions of the senate," together with the appropriate supporting and reference documents, as have been submitted to and accepted by the senate. The secretary shall also have taken and have preserved, for reference purposes, verbatim electronic sound recordings of all proceedings in senate meetings.

History

  • Effective: February 19, 1988
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-45.3 Faculty ombudsman.

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

(1) The faculty ombudsman shall be someone with experience in university governance at the Ohio state university, shall be familiar with university rules and policies, prevalent cultural norms within the institution, precedent, and established university policies and operating procedures.

(2) Compensation for the faculty ombudsman will be provided by the office of academic affairs, in the form of course release time or supplemental compensation.

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

(1) Serve as an advisor to faculty to assist them in determining the viability of their complaints and issues.

(2) Direct faculty to appropriate offices, committees, and university rules and policies.

(3) Serve when appropriate as an informal mediator of early-stage complaints, to mediate as an impartial party rather than as an advocate for faculty involved in complaints.

(4) Present an annual report on their activities to faculty council in the autumn term of each academic year.

(5) Visibility of the office of the ombudsman will be made available to faculty through venues such as web pages, the ombudsman speaking at new faculty orientation, and through an introduction at the first meetings of senate and faculty council each year.

(C) Recourse to the ombudsman.

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

Last updated October 11, 2023 at 8:41 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-45.4 University senate faculty leadership.

(A) Membership

The university senate faculty leadership shall consist of four members.

(1) The chair of the faculty council.

(2) The chair-elect of the faculty council.

(3) The chair of the university senate steering committee.

(4) The secretary of the university senate.

(B) Duties and responsibilities.

(1) Meet year-around to plan, project and assist in expediting university senate business.

(2) Meet with the university president to enhance communications between faculty and the office of the president.

(3) Meet with the provost to discuss academic policies, educational policies and the mission of the office of academic affairs.

(4) Meet with university leadership on an as-needed basis to foster shared governance.

(5) Suggest nominees to the executive committee of faculty council to fill faculty vacancies in university senate committees.

Last updated September 22, 2023 at 1:50 PM

History

  • Effective: February 17, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-46 Senate committees.

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

(1) The standing committees of the senate are those committees defined in rules 3335-5-47.1, 3335-5-47.3, and 3335-5-48.1 to 3335-5-48.18 of the Administrative Code.

(2) A special committee is one established to carry out a specified task, at the completion of which it automatically ceases to exist.

(B) Membership.

(1) The council of graduate students, the inter-professional council, the undergraduate student government, the university staff advisory council, and the faculty council shall select members of their own constituency using procedures adopted by their respective bodies.

(2) All standing and special committees of the senate shall include at least one faculty senator.

(3) Unless otherwise specified by the rules, the number of tenure-track faculty on standing committees shall not be less than two-thirds of the faculty membership. Faculty shall be appointed by the executive committee of the faculty council.

(4) Committee vacancy.

(a) The chair will report vacancies to the appropriate nominating source through the office of the university senate. For this rule, a vacancy exists when an elected member is unable to meet the participation requirements defined by the committee.

(b) When an unexpired term becomes vacant, the vacancy shall be filled in a manner consonant with the original method of committee selection. A member selected to fill such a vacancy shall serve for the duration of the unexpired term.

(5) The membership of each committee shall be made known through the report of the secretary of the university senate.

(6) Terms of service.

(a) Faculty members shall serve three-year terms and are eligible for immediate reappointment to a second term. Following that they are ineligible for reappointment until one full year has elapsed. Faculty members may not serve as chair of an individual committee for more than three successive years.

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

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

(d) Appointed administration members shall serve two-year terms and be eligible for reappointment.

(e) Multiyear terms shall, whenever possible, be staggered so that approximately equal proportions of the number of members rotate off the committee each year.

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

(g) A committee member who misses all committee meetings in a semester may be removed by the committee chair and replaced, as appropriate, by an appointment made by the executive committee of faculty council, student leadership, the office of the president, or other relevant appointing body. Any mitigating circumstances should be reported to the committee chair and the chair should keep and report attendance records to the university senate office and the senate constituencies.

(7) Student alternates.

Unless otherwise designated by rule, graduate, inter-professional and undergraduate student members of standing and special committees of the senate may have an alternate. The alternate shall be selected from the same constituency as the original appointment. Student members shall advise the chair of the alternate's name prior to the meeting in which the member will be absent. The chair has responsibility for recording correct voting status. If the member has voting status, the alternate may vote in the event of the member's absence.

If the member has speech and debate privileges, the alternate shall retain these privileges in the member's absence. Whenever possible, potential alternates will be identified by appointing authority at the beginning of the academic year.

(C) Duties and responsibilities.

(1) Senate committees shall report at least annually to the senate at a time and in a manner specified by the steering committee of the senate.

(2) Senate committees shall define reasonable participation requirements for the conduct of ongoing business.

(D) Operating procedures and organization.

(1) Meetings of standing and special committees of the senate shall be held in-person, virtually, or in a hybrid format. Acceptable means of virtual participation include teleconferencing or videoconferencing that allows verification of identity and permits full participation in meetings.

(2) A simple majority of the voting membership of the senate committee, whether attending in person or virtually, shall constitute a quorum for the conduct of the committee's business.

(3) Action by senate standing and special committees shall be by vote of a majority of members present, except as otherwise required by these rules or by the latest revision of "Robert's Rules of Order."

(4) Committee chairs. Except where otherwise specified by the rules, in the spring each committee shall elect a chair from its continuing membership, whose term shall begin the subsequent summer session; committees may also elect a vice-chair or chair-elect.

Last updated June 16, 2023 at 9:16 AM

History

  • Effective: June 15, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-47.1

(A) Membership.

The steering committee shall consist of eighteen members.

(1) Fifteen voting members.

(a) Six faculty members elected by faculty council as specified in the faculty council bylaws. Elected faculty members shall serve two-year terms and are eligible for immediate reelection or reappointment to a second term. Following that they are ineligible for reelection or reappointment until one full year has elapsed.

(b) The chair of faculty council. The chair-elect of the faculty council shall have full voting privileges if the chair cannot attend.

(c) Four student representatives:

(i) The president of the council of graduate students. The vice president of the council of graduate students or another designee who is a member of the university senate may attend steering committee meetings with full voting privileges if the president cannot attend.

(ii) The president of the inter-professional council. The vice president of the inter-professional council or another designee who is a member of the university senate may attend steering committee meetings with full voting privileges if the president cannot attend.

(iii) The president of the undergraduate student government. The vice president of the undergraduate student government or another designee who is a member of the university senate may attend steering committee meetings with full voting privileges if the president cannot attend.

(iv) An undergraduate student who is a member of the university senate and who is appointed by the vice president of the undergraduate student government. The student shall serve a one-year term and are eligible for reappointment.

(d) Three administrators.

(i) The president of the university.

(ii) The executive vice president and provost.

(iii) A dean appointed by the president, who shall serve a two-year term and is eligible for immediate reelection or reappointment to a second term. Following that they are ineligible for reelection or reappointment until one full year has elapsed.

(e) The chair of the university staff advisory committee. The chair-elect of the university staff advisory committee shall have full voting privileges if the chair cannot attend.

(2) Three non-voting members.

(a) The secretary of the university senate.

(b) The chair-elect of faculty council.

(c) The chair-elect of the university staff advisory committee.

(3) All members shall be current university senators during the first year of their term but may continue to serve after their senate term concludes.

(B) Duties and responsibilities.

(1) Be the senate's committee on committees: the steering committee shall have the power to call, by vote of nine of its members, a special meeting of the senate, and shall have such power and duties as the senate may delegate to it during periods when the senate is not in session. It may create subcommittees and may delegate to them any of its powers, functions, and duties.

(2) Review the structure, operation, and effectiveness of the senate and its committees. It shall receive suggestions, review proposed rule changes, and initiate recommendations for change in the structure and operation of the senate, including structure, duties, and responsibilities of senate committees, without, however, in any way restricting the senate's authority to alter its operations by other means. The steering committee may also review other proposed rule changes prior to presentation to the senate.

(3) Serve as a channel of communication between the senate and the president and the board of trustees. Members shall be an advisory group available to both the president and the board of trustees for advice and counsel on any matter relating to the operation and development of the university. The members of the steering committee may request and obtain a meeting with the board of trustees.

(4) Meet at least once every year with the chair of each standing committee that does not report to senate through faculty council.

(C) Organization.

(1) For the period of time beginning with the election of steering committee members in spring semester and ending with the start of the autumn semester, the steering committee shall include its newly elected members as non-voting members.

(2) The committee shall annually elect a chair from its faculty membership.

(3) As a standing committee of the senate, it is also governed by the provisions of rules 3335-5-46 and 3335-5-47 of the Administrative Code.

Last updated September 20, 2022 at 8:52 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-47.3 Rules committee.

(A) Membership. The rules committee shall consist of eleven members.

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

(2) Three student senators.

(a) One graduate student.

(b) One professional student.

(c) One undergraduate student.

(3) One staff senator, appointed by the university staff advisory committee.

(4) The secretary of the university senate.

(5) Three non-voting, ex-officio members.

(a) Executive vice president and provost, or designee.

(b) Senior vice president and general counsel, or designee.

(c) Recording secretary of the university senate.

(B) Terms of service.

(1) Faculty members shall serve three-year terms and are eligible for immediate reappointment to a second term. Faculty may serve no more than two consecutive terms (six years) on the committee.

(2) Staff members shall serve three-year terms and are eligible for immediate reelection or reappointment to a second term. Staff may serve no more than two consecutive terms (six years) on the committee.

(3) Student members shall serve one-year terms.

(4) Members shall be senators during the first year of their term but may continue to serve on the rules committee after their senate term concludes.

(5) The chair shall be a faculty member and may not serve as chair for more than three successive years.

(6) A chair-elect is elected every spring to serve as chair-elect during the following academic year. The chair-elect serves as chair the academic year thereafter.

(C) Duties and responsibilities.

(1) Be responsible, in cooperation with the secretary of the university senate, for the monitoring of the "Rules of the University Faculty" and of all statutes and bylaws pertaining to the senate.

(2) Ensure that all published rules and bylaws within the senate's purview are up to date, and recommend their republication at such intervals as may be desirable.

(3) Make recommendations for the revision of the procedural rules of the senate.

(4) Before senate action, the committee shall receive all proposed new rules and changes in existing rules. It shall review them and recommend such editorial or other changes it deems necessary to avoid conflict with other rules, to enhance clarity and precision, and to avoid ambiguity.

(5) Initiate rules or changes in existing rules and recommend them to the steering committee for scheduling for senate action.

(6) The secretary of the university senate in agreement with the rules committee may make non-substantive corrections in diction and grammar, and is authorized to correct names of offices, officers, units, credentials or constituents in the bylaws and in the rules without deliberation by the university senate nor by the board of trustees.

(D) Organization.

As a standing committee of the senate, this committee is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated March 30, 2026 at 7:39 AM

History

  • Effective: March 30, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-03

Proposals for establishing new courses or curricula for alterations in existing courses or curricula shall originate in the departments or schools and, in the case of departments, shall be subject to acceptance, revision, or rejection by the college or school of which those departments are a part. Proposals of departments, if approved by the college, and those of schools shall be submitted to the council on academic affairs. The council on academic affairs shall refer all courses involving graduate credit to the curriculum committee of the graduate school, which shall subsequently notify the council on academic affairs of the action taken in respect to acceptance of such proposed courses for credit toward graduate degrees. The council on academic affairs shall then take final action on the proposals in accordance with rule 3335-8-02 of the Administrative Code, keeping in mind the entire program of the department, the school, the college, and the university.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.2 Library committee.

(A) Membership. The library committee shall consist of thirteen members.

(1) Six faculty.

(2) Three students.

(a) One graduate student,

(b) One professional student, and

(c) One undergraduate student.

(3) Three administrators.

(a) The dean of university libraries,

(b) Chief information officer (or their designees), and

(c) The vice president for research (or their designees).

(4) One staff member, appointed by the dean of the university libraries in consultation with the university staff advisory committee.

(B) Duties and responsibilities.

(1) Advise the dean of university libraries in the planning and implementation of programs and policies supporting the educational, research, and service activities of libraries and related units.

(2) Articulate the library's mission, goals, and needs to the university administration.

(3) Assist the dean of university libraries in the assessment, improvement, and promotion of library and information services that support the university community.

(4) Advise the dean of university libraries on agreements with publishers and information vendors that are in the best interest of the university community.

(5) Advise the appropriate administrative office on the appointment of the dean of university libraries.

(C) Organization.

(1) The chair shall be elected from among the voting members of the committee.

(2) As a standing committee of the senate, this committee is governed by the provisions of rules 3335-5-46 of the Administrative Code.

Last updated September 20, 2022 at 8:52 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.3 Committee on academic technology.

(A) Membership.

The committee on academic technology shall consist of seventeen members.

(1) Eight faculty.

(2) Three students.

(a) One graduate student,

(b) One professional student, and

(c) One undergraduate student.

(3) Three administrators (or their designees).

(a) The chief information officer,

(b) The executive vice president for research, innovation and knowledge, and

(c) The chief digital learning officer.

(4) Three staff members.

(a) Two staff members shall be appointed by the university staff advisory committee, and

(b) One staff member shall be appointed by the chief information officer.

(B) Duties and responsibilities.

(1) Advise the chief information officer in the planning and implementation of academic technology programs and policies, including those pertaining to education, research and service activities.

(2) Assist the university administration in the identification, review, and improvement of academic technology infrastructure.

(3) Advocate for academic technology infrastructure that is inclusive, affordable, accessible, and user-friendly for faculty, students, and staff.

(4) Advise the appropriate administrative office on the appointment of the chief information officer and the chief digital learning officer.

(C) Organization.

(1) The chair shall be elected from among the voting members of the committee.

(2) As a standing committee of the senate, this committee is governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated June 18, 2024 at 8:36 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.4 Council on student affairs.

(A) Membership.

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

(1) Six faculty, at least two of whom are members of the senate. The term of service begins in summer session.

(2) Ten students. The term of service begins in summer session.

(a) Three graduate students.

(b) Two professional students.

(c) Four undergraduate students. Two of these students shall have a term of service of one year. Two of these students shall have a term of service of two years, with one student selected each year.

(d) One student from a regional campus selected by the undergraduate student government.

(3) Three staff members, appointed by the vice president for student life. The term of service is one year and begins in summer session.

(a) One non-voting student affairs staff member to act as the secretary for the council.

(b) A student affairs staff member from a regional campus.

(c) A college office student affairs staff member.

(4) Three administrators, non-voting.

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

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

(c) The director of student activities or designee.

(5) Alternates.

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

(B) Duties and responsibilities.

(1) Initiate recommendations and review proposals regarding policies that may affect the quality of student life.

(2) Make regulations pursuant to the rules of the university faculty, the bylaws, and the statutes, insofar as they pertain to the quality of student life.

(3) Advise the vice president for student life regarding the programs, services, and activities of the division.

(4) Establish study groups, committees, and other mechanisms as needed to explore issues affecting the quality of student life and make recommendations regarding these issues to the vice president for student life, the senate, and other appropriate groups.

(5) Advise other university departments and administrative units regarding proposed changes within those departments and units that may affect student rights and responsibilities.

(6) Approve policies that govern the registration, rights, privileges, and obligations of student organizations, including but not limited to fraternities and sororities, student publications, and student government. This responsibility may be delegated by the council to appropriate committees or administrative agencies.

(7) Serve as a channel of communication for the work of all other committees, permanent and ad hoc, that address issues within the domain of the council on student affairs and establish mechanisms by which such committees report regularly to the council on student affairs and through it to the university senate.

(8) Conduct periodic reviews of the application of the "Code of student conduct." Recommend to the senate any proposed changes to the "Code of student conduct."

(9) Serve as the sole administrative body for any student activity fees. This responsibility may be delegated by the council to appropriate committees or administrative agencies.

(C) Organization.

(1) The chair shall be elected from among the incoming and continuing student members of the committee during the last meeting of spring semester. For purposes of this election, all incoming and continuing members shall be eligible to vote; incoming and continuing members may choose alternates if necessary.

(2) The council shall establish operating procedures to conduct, in an orderly fashion, the functions of the council.

(3) As a standing committee of the senate, this council is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 16, 2023 at 8:49 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.5 Athletic council.

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

(1) Eight faculty members. The term of service is four years.

(a) Four faculty members selected by the faculty council.

(b) Four faculty members appointed by the president.

(2) Five students.

(a) One graduate student, appointed by the council of graduate students. The term of service is one year.

(b) One professional student, appointed by the inter-professional council. The term of service is one year.

(c) Two undergraduate students, appointed by undergraduate student government. The term of service is one year.

(d) One undergraduate student athlete, appointed by the student athlete advisory council. The term of service is one year.

(3) One almunus designated by the Ohio state university alumni association using procedures adopted by that body. The term of service is four years.

(4) Two staff members, one selected by the university staff advisory committee and one by the president. The term of service is four years with one staff member selected every two years.

(5) Six ex-officio non-voting members or their designees.

(a) The director of athletics

(b) The vice president of student life

(c) The faculty athletics representative (FAR)

(d) The director of the student athletics support services office

(e) The president of the student-athlete advisory council

(f) Senior vice president/CEO of the Ohio state alumni association

(B) Duties and responsibilities.

(1) Develop, subject to the general authority of the president and the board of trustees, policies governing intercollegiate athletics, as the agent of the senate. The senate may hold university policies in review.

(a) University policies shall guide the administration of the program of intercollegiate athletics by the director of athletics, but the athletic council shall not serve in an administrative or executive capacity.

(b) It will consider and establish policy on such matters as the income and expenditures budget, the schedules for seasonal and post-seasonal play in relation to the effect upon the welfare of the athletes, grants and other financial aid to athletes, eligibility of athletes, student grievance procedures and sportsmanship policies related to athletics, awards to athletes, recommended ticket prices, ticket distribution, and public and campus relations of the athletic program.

(c) It will consider and establish standing committees, an executive committee, and ad hoc committees to consider athletic matters raised by any member of the university community.

(d) Its recommendations and decisions on policy shall be reported to the senate and to the department of athletics.

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

(a) When selecting a new FAR, the athletic council shall prepare a list of no fewer than two tenured faculty members who do not hold any position in the athletics department from which the president shall select the FAR.

(b) Eighteen months before the June thirtieth end of the FAR final term, the chair of the athletic council shall appoint a nominating committee which shall inform the university community about the position of FAR and invite applications and nominations. Brief recommendations in writing that state the candidate's qualifications for the position are submitted to the nominating committee by any member of the university community. Applications and nominations shall be due in accordance with a schedule established by the nominating committee. Every reasonable effort shall be made to present qualified candidates for vote by the athletic council on or before June first.

(c) Final approval of the names submitted to the president shall be made by a two-thirds majority of the voting membership of the athletic council. The list shall be presented to the president and every reasonable effort shall be made to appoint the FAR- elect on or before July first to allow one year of shadowing and transition between FAR-elect and incumbent. The FAR-elect takes office one year after appointment on July first.

(d) The FAR-elect shall shadow the incumbent FAR on selection and attend all meetings without voting rights until their respective terms begin and end on July first.

(e) The FAR term is four years beginning July first. Reappointment for no more than two additional four-year terms is permissible. If an incumbent FAR is eligible for and desires reappointment, at least eighteen months prior to expiration of the term the athletic council shall complete a review of the incumbent's performance. If two-thirds of voting members are in favor of reappointment and the president concurs the FAR shall be reappointed. Otherwise the athletic council shall immediately prepare a list for the president following paragraphs (B)(2)(a) to (B)(2)(d) of this rule.

(f) The FAR is an ex-officio non-voting member of the athletic council. The chair of the athletic council or faculty designee shall serve as the FAR with full voting privileges at NCAA, Big Ten, and other conference meetings if the FAR is unavailable.

(g) In the event that the FAR does not complete a full term the FAR-elect shall complete the term. The completion of a term does not constitute a four-year term for purposes of the three-term limit in paragraph (B)(2)(e) of this rule. If there is no FAR-elect the chair of the athletic council or designee shall serve as the interim FAR until the appointment of a FAR-elect. Upon notice of a vacancy the athletic council shall immediately prepare a list for the president following paragraphs (B)(2)(a) to (B)(2)(d) of this rule.

(C) Organization.

(1) Reports by the athletic council to the president, other than those made through the senate, shall be made through the director of athletics.

(2) As a standing committee of the senate, this council is governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

Last updated June 25, 2026 at 8:01 AM

History

  • Effective: June 25, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.6 Council on enrollment and student progress.

(A) Membership.

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

(1) Ten faculty.

(a) Seven faculty selected by the executive committee faculty council.

(b) Three faculty appointed by the president.

(2) Six students.

(a) Two graduate students.

(b) Two professional students.

(c) Two undergraduate students.

(3) One staff member, appointed by the university staff advisory committee.

(4) Two administrators. Non-voting, appointed by the executive vice president and provost, or designee, to serve as administrative liaison for the council. One administrator shall represent the office of academic affairs and one shall represent enrollment services.

(B) Duties and responsibilities.

(1) Initiate recommendations and review proposals with regard to policies which affect the characteristics of the student body. The council shall address issues with regard to enrollment planning for undergraduate, graduate, and professional student enrollment. In addition, the council shall address issues related to undergraduate students in regard to recruitment, competitive admissions, intra-university transfers, financial aid, and retention, and coordinate any resulting actions with issues concerning graduate and professional students. Recommendations and advice will be provided to appropriate administrators and offices.

(2) Initiate recommendations and review proposals with regard to policies which affect the processes by which undergraduate students enroll, register, and carry out other administrative functions related to the completion of their coursework and/or degree requirements. Recommendations and advice shall be provided to appropriate administrators and offices.

(3) Initiate recommendations and review proposals with regard to policies and procedures pertinent to students' passage through the institution, including, but not limited to, the university calendar, student records, approval of transfer credit, and semester, summer term, or session-end validation procedures.

(4) Encourage the collection of data and participate in the analysis of data which will support the development of informed policies on issues within the council's domain and include a summary of such data in the annual report to the senate.

(5) Serve as a channel of communication for the work of all other committees, permanent and ad hoc, which address issues within the domain of the council of enrollment and student progress and establish regular mechanisms by which such committees report regularly to the council on enrollment and student progress and through it to the university senate.

(C) Organization.

(1) The chair and chair-elect shall be elected from among the voting members. The chair-elect shall serve as vice chair.

(2) Reports by this council to the president, other than those made through the senate, shall be made through the executive vice president and provost.

(3) As a standing committee of the senate, this council is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 16, 2023 at 8:49 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.7 Committee on academic misconduct.

(A) Membership.

The committee on academic misconduct shall consist of sixty-two members.

(1) Thirty faculty, at least half of whom shall be tenure-track faculty. Faculty members are eligible for reappointment, but may not serve more than two consecutive terms.

(2) Thirty students.

(a) Fifteen graduate students.

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

(3) Two administrators.

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

(b) The director of the office of the committee on academic misconduct, appointed by the executive vice president and provost, who shall not participate in the decisions of the committee. The director may recommend student members for approval by the appointing body, as specified in paragraph (B)(1) of rule 3335-5-46 of the Administrative Code.

(4) Alternate members.

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

(B) Duties and responsibilities.

(1) Investigate or establish procedures for the investigation of all reported cases of student academic misconduct, with the exception of cases in a professional college having a published honor code, and decide upon suitable disciplinary action. (The term "academic misconduct" is defined in paragraph (A) of rule 3335-23-04 of the Administrative Code.) Instructors shall report all instances of alleged academic misconduct to the committee.

(2) Investigate all cases of lax or irregular methods of conducting examinations that might tend to promote academic misconduct on the part of students, with the exception of cases in a professional college having a published honor code. The committee shall report its findings in these cases to the executive vice president and provost.

(3) Serve as a consultant on questions of academic misconduct for any professional college having a published honor code. (Note: this committee shall not have jurisdiction over cases involving student academic misconduct in professional colleges having published honor codes. These colleges shall follow their own codes in investigating reported cases of academic misconduct and in determining suitable disciplinary action. When the action taken involves suspension, dismissal, or entry on the student's permanent record, a recommendation to that effect shall be made to the executive vice president and provost for review and action.)

(C) Organization.

(1) The committee on academic misconduct is authorized to:

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

(b) Establish rules and procedures to conduct hearings, including the definition of a quorum.

(2) If the caseload of the committee should from time to time become such that cases cannot be set for hearing within four weeks (excluding periods of examinations or between vacations and recesses between semesters, terms, or sessions), the chair shall be empowered to ask alternate members to serve voluntarily and temporarily as members of hearing panels.

(3) As a standing committee of the senate, this committee is also governed by the provisions of rule 3335-5-46 and of the Administrative Code.

Last updated October 11, 2023 at 8:42 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-04

Any student found to have engaged, or attempted to engage, in any of the following conduct while within the university's jurisdiction, as set forth in rule 3335-23-02 of the Administrative Code, will be subject to disciplinary action by the university. For the purposes of this rule, attempt shall be defined as conduct that, if successful, would constitute or result in the prohibited conduct.

(A) Academic misconduct.

Any activity that tends to compromise the academic integrity of the university or subvert the educational process. Examples of academic misconduct include, but are not limited to:

(1) Violation of course rules and/or assignment guidelines as contained in the course syllabus or other information provided to the student;

(2) Knowingly requesting, providing, and/or receiving unauthorized information, materials, and/or assistance during academic activities;

(3) Possession and/or use of unauthorized information, materials, and/or assistance during academic activities;

(4) Submitting plagiarized work for an academic requirement. Plagiarism is the representation, including but not limited to copying, of another's work or ideas as one's own; it includes the unacknowledged word-for-word use and/or paraphrasing of another person's work, and/or the inappropriate unacknowledged use of another person's ideas;

(5) Unauthorized use of generative artificial intelligence systems or similar technologies to complete academic activities;

(6) Submitting substantially the same work to satisfy requirements for one course or academic requirement that has been submitted in satisfaction of requirements for another course or academic requirement, without permission of the instructor of the course for which the work is being submitted or supervising authority for the academic requirement. This includes submitting the same work for courses that the student is retaking pursuant to the university's grade forgiveness rule;

(7) Falsification, fabrication, or dishonesty in creating or reporting laboratory results, research results, and/or academic activities;

(8) Serving as, or enlisting the assistance of a substitute for a student in academic activities;

(9) Alteration of grades or marks by the student in an effort to change the earned grade or credit;

(10) Alteration of academically-related university forms or records, or unauthorized use of those forms or records;

(11) Engaging in activities that unfairly place other students at a disadvantage, including but not limited to taking, hiding, or altering resource material, or manipulating a grading system;

(12) Violation of program regulations and/or policies as established by departmental committees and made available to students; and

(13) Providing falsified materials, documents, or records to a university official to meet academic qualifications, criteria, or requirements, including but not limited to submitting falsified doctor's notes and/or falsified transcripts.

(B) Endangering health or safety.

(1) Endangering behavior: Taking or threatening action that endangers the safety, physical or mental health, or life of any person, or creates a reasonable fear of such action.

(2) Stalking: Engaging in a pattern of unwanted conduct directed at another person that threatens or endangers the safety, physical or mental health, or life or property of that person, or creates a reasonable fear of such a threat or action. When stalking is sex- or gender-based, it falls under the university's non-discrimination, harassment, and sexual misconduct policy.

(3) Operating a vehicle while impaired by alcohol or drugs in a manner that endangers the safety of the university community.

(C) Destruction of property.

Actual or threatened damage to or destruction of university property or property of others, whether done intentionally or with reckless disregard.

(D) Dangerous weapons or devices.

Storage, or possession of dangerous weapons, devices, or substances including, but not limited to, firearms, ammunition, or fireworks, unless authorized by an appropriate university official or permitted by a university policy, even if otherwise permitted by law. Use or misuse of weapons, devices, or substances in a manner that causes or threatens serious harm to the safety or security of others. As required by section 2923.1210 of the Revised Code, this rule does not prohibit a student who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:

(1) Each firearm and all of the ammunition remains inside the person's privately-owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person's privately owned motor vehicle;

(2) The vehicle is in a location where it is otherwise permitted to be.

(E) Dishonest conduct.

Dishonest conduct, including, but not limited to, knowingly reporting a false emergency; knowingly making false accusation of misconduct; misuse or falsification of university or related documents by actions such as forgery, alteration, or improper transfer; possession, use or manufacturing of a false identification document; submission of information known by the submitter to be false to a university official.

(F) Theft or unauthorized use of property.

Theft or the unauthorized use or possession of university property, services, resources, or the property of others.

(G) Failure to comply with university or civil authority.

Failure to comply with legitimate directives of authorized university officials, law enforcement or emergency personnel, identified as such, in the performance of their duties, including failure to identify oneself when so requested; or violation of the terms of a disciplinary sanction.

(H) Drugs.

Use, being under the influence of, production, distribution, sale, or possession of drugs, and/or drug paraphernalia in a manner prohibited under law or applicable university policy or university facility policy, such as within the Ohio stadium and the Schottenstein center. This includes, but is not limited to, the misuse of prescription drugs.

(I) Alcohol.

Use, underage intoxication, production, distribution, sale, or possession of alcohol in a manner prohibited under law or applicable university policy or university facility policy, such as within the Ohio stadium and the Schottenstein center.

(J) Unauthorized presence.

Unauthorized entrance to or presence in or on university premises.

(K) Disorderly or disruptive conduct.

Disorderly or disruptive conduct that unreasonably interferes with university activities or with the legitimate activities of any member of the university community.

(L) Hazing.

Doing, requiring, or encouraging any act, whether or not the act is voluntarily agreed upon, tied to initiation, continued membership, or participation in any group, that causes or creates a substantial risk of causing mental or physical harm or humiliation. Such acts may include, but are not limited to, using alcohol, creating excessive fatigue, and paddling, punching, or kicking in any form. Failure to intervene, prevent, or report acts of hazing may constitute a violation of this rule.

(M) Student conduct system abuse.

Abuse of any university student conduct system, including but not limited to:

(1) Failure to obey the summons or directives of a hearing body, as defined in rule 3335-23-10 of the Administrative Code, or university official;

(2) Falsification, distortion, or misrepresentation of information before a hearing body, as defined in rule 3335-23-10 of the Administrative Code, or university official;

(3) Disruption or interference with the orderly conduct of a student conduct proceeding;

(4) Knowingly instituting a student conduct proceeding without cause;

(5) Discouraging an individual's proper participation in, or use of, a university student conduct system;

(6) Influencing the impartiality of a member of a hearing body, as defined in rule 3335-23-10 of the Administrative Code, prior to, and/or during the course of a student conduct proceeding;

(7) Harassment and/or intimidation of a member of a hearing body, as defined in rule 3335-23-10 of the Administrative Code, or university offical prior to, during, and/or after a student conduct proceeding;

(8) Failure to comply with one or more sanctions imposed under the code of student conduct; and

(9) Influencing another person to commit an abuse of a university student conduct system.

(N) Violation of university rules or federal, state, and local laws.

Violation of other published university rules, policies, standards, and/or guidelines, including, but not limited to, those which prohibit the misuse of computing resources, rules for student groups or organizations, and residence hall rules and regulations. Students may be held accountable under the procedures described in other published rules, policies, standards and guidelines and under the provisions of this code of student conduct regardless of whether action is undertaken under this code of student conduct. Students are responsible for reviewing and undertstanding the rules, standards and guidelines provided to them by their academic programs and colleges. Applicable policies are found at https://policies.osu.edu.

Conviction or acceptance of responsibility - including a judicial finding of guilt, pleas of no contest or "no-lo contendere" - for state, local or federal crimes when the underlying behavior has a substantial connection or relationship to the university's property, programs or could reasonably impact the health, safety, or security of members of the university community.

(O) Riotous behavior.

(1) Participation in a disturbance with the purpose to commit or incite any action that presents a clear and present danger to others, causes physical harm to others, or damages property.

(2) Proscribed behavior in the context of a riot includes, but is not limited to:

(a) Knowingly engaging in conduct designed to incite another to engage in riotous behavior; and

(b) Actual or threatened damage to or destruction of university property or property of others, whether done intentionally or with reckless disregard; and

(c) Failing to comply with a directive to disperse by university officials, law enforcement or emergency personnel; and

(d) Making explicit or implied threats in a manner that causes a reasonable fear of harm in another; and

(e) Impeding, hindering, or obstructing a university official, law enforcement, or emergency personnel in the performance of their duties.

(3) This rule shall not be interpreted as proscribing peaceful demonstrations, peaceful picketing, a call for a peaceful boycott, or other forms of peaceful dissent.

(P) Recording or distribution without knowledge.

Using electronic or other means to make or distribute a video, audio, or photographic record of any person in a location where there is a reasonable expectation of privacy without the person's prior knowledge, when such a recording is likely to cause injury, distress, or damage to reputation. This includes, but is not limited to, taking video, audio, or photographic records in shower/locker rooms, residence hall rooms, and restrooms. The storing, sharing, and/or distributing of such unauthorized records by any means is also prohibited.

(Q) Public urination or defecation.

Urination or defecation in a place such as a sidewalk, street, park, alley or yard, residence hall space, or on any other place or physical property that is not intended for use as a restroom.

(R) Retaliation.

Any intentional adverse action against any individual who makes an allegation, files a report, serves as a witness, assists a complainant or respondent, or participates in any university investigation or proceeding.

(S) Harm to animals.

Intentional physical harm or threats of harm to animals, including but not limited to companion animals, service animals, or emotional support animals.

Lawful hunting and fishing is not prohibited by this code of student conduct. The care and use of animals involved in research activities is governed by the office of responsible research practices institutional animal care and use committee and not this code.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.8 Committee on honorary degrees.

(A) Membership.

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

(B) Duties and responsibilities.

(1) Establish definite standards of scholarly attainment or of the distinctive applications of such attainment in the service of society by which to judge the qualifications for this honor.

(2) Establish procedures for the nomination of potential candidates for honorary degrees.

(3) Receive nominations concerning persons who might be considered for an honorary degree.

(4) Review thoroughly the achievements and qualifications of all persons nominated.

(5) Report to the university senate for its consideration and action such persons as have received no fewer than four affirmative votes from the committee membership.

(6) Keep all deliberations and votes confidential except where publication is necessary for official purposes.

(7) Deliver the full dossier of each candidate and the nomination report of the committee on honorary degrees to the secretary of the university senate. The secretary shall distribute the nomination report to all members of the university senate and make the full dossier accessible to all memers of the university senate.

(a) This nomination report shall include a statement that conveys the committee's rationale for the nomination, including when useful, excerpts from the full dossier, pertinent details concerning the qualifications of the candidate, and the name and department or academic unit of the nominator.

(b) A ballot, in either paper or electronic form, shall be provided with the nomination report and shall be returned to the secretary of the university senate within a time identified on or with the ballot, but in no case less than two weeks from the date that the nomination report is distributed.

(c) The secretary of the university senate shall transmit to the board of trustees the nominations, together with the nomination reports and dossiers provided by the committee on honorary degrees, for those candidates who are endorsed by a majority of the ballots cast by the members of the university senate.

(C) Organization.

(1) The executive vice president and provost, or designee, shall serve as liaison between this committee and the president.

(2) As a standing committee of the senate, this committee is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated June 25, 2026 at 8:01 AM

History

  • Effective: June 25, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.12 Faculty compensation and benefits committee.

(A) Membership.

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

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

(2) Two administrators.

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

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

(3) An emeritus member from the regular tenure-track faculty appointed annually by the president in consultation with the Ohio state university retirees association.

(4) Additional non-voting members and consultants from the university, serving at the discretion of the voting members of the committee.

(B) Duties and responsibilities.

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

(1) Salaries, outside professional services and supplemental compensation;

(2) Retirement benefits, hospitalization and medical insurance and other health benefits, life insurance, other insurance, travel reimbursement, educational benefits, recreational benefits, and other perquisites, benefits, and conditions of faculty employment.

(C) Organization.

(1) The committee shall designate two standing subcommittees to concentrate, respectively, on:

(a) Faculty salaries and related matters;

(b) Faculty benefits.

(2) As a standing committee of the senate, this committee is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 16, 2023 at 8:50 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.13 Government affairs committee.

(A) Membership.

The government affairs committee shall consist of twelve members.

(1) Five faculty, at least two of whom are senators.

(2) Three students.

(a) One graduate student.

(b) One professional student.

(c) One undergraduate student.

(3) One staff member, appointed by the university staff advisory committee.

(4) Three non-voting, ex-officio members.

(a) Vice president for government affairs or designee.

(b) Senior vice president and general counsel or designee.

(c) The secretary of the university senate.

(B) Duties and responsibilities.

Review local, state, and federal legislation and regulatory changes that have potential to impact the work of university faculty, students, and staff. Communicate information to and gather feedback from relevant senate committees and constituent groups. Provide information on legislative and policy issues as requested by university senate or any of its committees or constituent bodies. Exchange ideas and insight with the office of government affairs through regular communication, and work with the office to identify faculty, staff, and student expertise when it might support their work on legislative and policy issues. Regularly engage with the office of university compliance and integrity regarding new or potential compliance issues resulting from legislative actions at the local, state and federal levels.

(C) Organization.

As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

Last updated June 18, 2024 at 8:36 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.14 University research committee.

(A) Membership.

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

(1) Fifteen faculty members drawn from no less than eight colleges. Faculty with joint appointments across colleges may be chosen to represent either college. The term of service is three years.

(a) Eleven faculty members appointed by the executive committee of faculty council, at least three of whom are members of the senate and at least one of whom is a distinguished university professor or Ohio eminent scholar or national academy member, and at least two of whom are clinical/teaching/practice or research faculty.

(b) Four faculty members appointed by the president.

(2) One research scientist, or comparable staff member engaged in research, appointed by the vice president for research. The term of service is three years.

(3) Four student appointed by the respective governing bodies to one-year terms.

(a) Two graduate students.

(b) One undergraduate student.

(c) One professional student.

(4) One post-doc appointed by the Ohio state university postdoctoral association (OSU PDA). The term of service is one year.

(5) Four non-voting members.

(a) Executive vice president for research, innovation and knowledge or designee.

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

(c) The senate fiscal committee chair, or designee.

(d) One additional post-doc appointed by OSU PDA.

(6) The committee may vote to add any individual to a non-voting advisory role on an annual basis.

(B) Duties and responsibilities.

(1) Encourage and stimulate scholarly research and creative activity and foster a close relationship between education and scholarly research.

(2) Advise the vice president for research.

(3) Review, on a continuing basis, the policies and practices governing the conduct of research and scholarly activity.

(4) Coordinate with the governing bodies of the graduate school and with the office of undergraduate research.

(5) Make recommendations concerning the establishment, affiliation or abolition of centers or comparable organization that are primarily engaged in research.

(6) Collaborate in reviews of the budget of the office of research undertaken by the senate fiscal committee.

(C) Organization.

(1) The committee shall annually elect a chair from its faculty membership in the spring semester preceding the academic year of service for no more than three consecutive one-year terms.

(2) As a standing committee of the senate, this committee is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated June 18, 2024 at 8:37 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.15 Council on the physical environment.

(A) Membership.

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

(1) Seven faculty members.

(a) Five faculty members selected by the faculty council.

(b) Two faculty members appointed by the president.

(2) Four students.

(a) One graduate student.

(b) One professional student.

(c) Two undergraduate students, one representing on-campus students and one representing off-campus students.

(3) Two staff members appointed by the steering committee upon the recommendation of the staff advisory committee.

(4) Three non-voting administrators, or their designee.

(a) The senior vice president for administration and planning.

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

(c) The executive vice president and provost.

(B) Duties and responsibilities.

(1) Take a broad and encompassing perspective on the physical environment of the university as it affects the academic enterprise and quality of life for the university community. Propose policies, review and recommend action regarding proposed major projects, and consult with university administration about matters within its domain.

(a) Teaching and learning environment: adequate classroom and teaching laboratory space; priorities for new construction to advance the academic enterprise; and priorities for renovation of academic facilities, especially classrooms and teaching laboratories.

(b) Movement around campus: policies and projects to ease movement around campus by all relevant means, including but not limited to pedestrian, bicycle, motorized traffic, and mass transportation; policies and proposals concerning parking, public safety including institutional security, fire safety, risk reduction, and personal safety.

(c) The campus and the university district environment: activities undertaken to facilitate campus master planning and to implement the plans adopted; initiatives undertaken to advance the objectives of improving conditions in the university district, and activities of affiliated entities to promote these initiatives.

(2) Recommend items for senate action, review matters within its purview, hear periodic reports from relevant university organizations and administrative offices, and report annually to the senate.

(C) Organization.

(1) The committee shall elect a chairperson from among its voting members. A chairperson shall serve a one-year term, and no more than one additional one-year term if reelected.

(2) As a standing council of the senate, this committee is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 16, 2023 at 8:51 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.16 Diversity committee.

(A) Membership.

The diversity committee shall consist of seventeen members.

(1) Nine faculty.

(a) Six faculty selected by the faculty council.

(b) Two faculty appointed by the president.

(c) The past-chair of the committee, non-voting.

(2) Three students.

(a) One graduate student.

(b) One professional student.

(c) One undergraduate student.

(3) Three staff members.

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

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

(4) Two non-voting administrators, or their designees.

(a) The executive vice president and provost.

(b) The associate vice president for human resources.

(B) Duties and responsibilities.

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

(1) Study and evaluate issues affecting diversity from an overall university perspective.

(2) Be informed on external requirements on the university affecting diversity.

(3) Advise the president, the executive vice president and provost, the associate vice president for human resources, and the vice president for student life about the institutional climate, policies, and priorities for ensuring justice, fairness, and equitable treatment to all members of the university.

(4) Educate and inform the university community on issues of diversity, including the letter and spirit of all Ohio and federal rules regarding members of protected classes.

(5) Oversee administration of university affirmative action grants and awards.

(6) Report annually to the university senate.

(C) Organization.

(1) The committee shall elect a chair from among its voting members.

(2) As a standing committee of the senate, this committee is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

Last updated October 16, 2023 at 8:51 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.17 Committee for evaluation of central administrators.

(A) Membership.

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

(1) Six tenured faculty members appointed in the spring by the president from a slate nominated by the executive committee of faculty council.

(a) The term of service is three years. Members shall not be reappointed to a second term until they have been off the committee for at least two years, except that a member may be reappointed immediately if that person was appointed to fill a vacant position with a remaining term of less than two years.

(b) A chair will be elected each spring from among the faculty members serving on the committee.

(2) Two administrators, appointed by and serving at the pleasure of the president. The term of service is three years.

(B) Duties and responsibilities.

(1) During spring semester, the executive committee of faculty council, on behalf of the steering committee, shall meet with the president and provost to identify two central administrators for review. All senior central administrators, such as vice provosts and members of the president's cabinet, are eligible to be reviewed.

(2) The review panels shall be responsible for evaluating the effectiveness of the central administrator and the office in carrying out the responsibilities of the office. The review will begin no later than the start of autumn semester of the following academic year, and finish no later than the end of December.

(3) The review panel will, after its review and evaluation, present a written report to the president and provost. The review panel will also send a copy of the written report to the person being reviewed and will inform the steering committee that the review process has been completed.

(4) The chair of the committee shall monitor the activities of the review panels and advise the review panels on matters of procedure.

(C) Organization of review panels.

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

(1) Three faculty members from the committee, one of whom is designated by the president or provost, in consultation with the committee chair, as chair of the review panel.

(2) One administrator from the committee.

(3) One student member appointed by the provost if a vice provost or senior vice provost is under review or by the president if a vice president or senior vice president is being reviewed.

(4) One staff member appointed by the provost if a vice provost or senior vice provost is under review or by the president if a vice president or senior vice president is being reviewed.

(5) One to three additional regular faculty members, if needed, nominated by the committee chair and appointed by the president or provost after consultation with the committee.

Last updated October 16, 2023 at 8:52 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.18 Graduate associate compensation and benefits committee.

(A) Membership.

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

(1) Six funded graduate students, one of whom preferably will be a member of the graduate council and one of whom must be a member of the university senate. Each shall have a term of service of one year with reappointment to consecutive terms encouraged.

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

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

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

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

(2) Two faculty.

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

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

(3) Three administrators.

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

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

(c) The vice president for research, or designee.

(4) One department, school, center or college-level staff member with extensive fiscal and budgetary experience and expertise, selected by the council of deans, non-voting.

(5) Additional non-voting members and consultants from the university, serving at the discretion of the voting members of the committee.

(B) Duties and responsibilities.

(1) Study the adequacy and other attributes of the university's policies and provisions including stipends, outside professional services, and supplemental compensation.

(2) Conduct research and provide advice on economic support of graduate associates, professional development, quality and design of benefit programs, and appointment terms.

(3) Make recommendations to the university senate, the graduate council, the graduate school, and the office of academic affairs as appropriate.

(C) Organization.

(1) The committee shall annually elect a chair from its regular student membership.

(2) As a standing committee of the senate, this committee is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 11, 2023 at 8:43 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.19 Committee on intellectual property, patents, and copyrights.

(A) Membership. The committee on intellectual property, patents, and copyrights shall consist of eleven members.

(1) Eight faculty members: four tenured faculty, two probationary tenure-track faculty, and two clinical/teaching/practice, research, or associated faculty . Each member is to serve three years with one-third of the members rotating off each year.

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

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

(2) One graduate student.

(3) Two administrators, or their designees.

(a) The vice president for technology commercialization.

(b) Executive vice president for research, innovation and knowledge.

(B) Duties and responsibilities.

(1) Review, recommend, and advise the university senate on matters relating to the university policy on intellectual property, patents, and copyright and faculty rules 3335-13-06 and 3335-13-07 of the Administrative Code.

(2) Convene at least twice per year to review the procedures used in implementing and administering the university policy on intellectual property, patents and copyrights, and where deemed necessary, develop and recommend changes in standards and procedures to the vice president for technology commercialization, the vice president for research, the executive vice president and provost, and other appropriate officers of the university.

(3) Consult with the vice president for technology commercialization, the vice president for research when requested.

(4) Serve as a board to which a researcher may appeal actions of the vice president for technology commercialization, subject to appropriate review of the standards and procedures contained in the policy on patents and copyrights.

(C) ) Organization.

(1) The chair shall be elected from among the continuing faculty members of the committee each spring.

(2) As a standing committee of the senate, this council is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

Last updated June 18, 2024 at 8:37 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-06

The university shall have a policy or policies on intellectual property, patents, and copyrights (hereinafter referred to as "the policy").

(A) The intellectual properties, patents and copyrights committee of the university senate shall maintain the policy. Specifically, the committee shall review all proposed changes to the policy, and shall also have the power to initiate its own proposed changes to the policy. The chair of the committee shall also be designated as a member of the policy writing group for any revisions to the policy. Revisions shall be promulgated through the university policy process and then recommended to faculty council and the university senate. All substantive revisions to the policy must be approved by the faculty council and the university senate, in addition to the other approvals required by the university policy process. Revisions that are clearly non-substantive and of a technical nature, such as typographical errors, changes in grammar, format, title of administrative and academic units and executives, and cross- references, can be approved solely by the university's director of policy, the vice president responsible for the operation of the technology commercialization office, and the intellectual property, patents and copyrights committee.

(1) Membership, duties, and organization of the intellectual property, patents and copyrights committee shall be in accordance with rule 3335-5-48.19 of the Administrative Code.

(2) The policy on intellectual property, patents, and copyrights shall include specific procedures for appeals to the intellectual property, patents and copyrights committee.

(B) The board of trustees deems it in the best interest of the university, its faculty, staff, and students, and in the interest of the promotion of research and development to provide for participation by faculty, staff, and students in the proceeds from intellectual property conceived or developed by them as determined by the policy. The term "intellectual property" shall be defined in the policy.

(C) The university recognizes that copyright protections are fundamental to the academic mission, and that traditional scholarly and artistic intellectual works created by faculty, staff, and students generally belong to those individual creators. There are, however, instances defined in the policy in which specific rights, titles, and/or interests in copyrightable works created by faculty, staff, and students may vest in whole or in part in the university or other entities. As such, the policy shall establish the ownership of all rights, titles, and interests for copyrightable works created by faculty, staff, and students. The technical meaning of "copyrightable works" shall be defined in the policy.

(D) The policy shall be implemented under the direction of the president of the university or their designees, as determined by the policy.

Last updated June 16, 2023 at 9:16 AM

History

  • Effective: June 15, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-49 Other committees of the university.

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

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

History

  • Effective: June 16, 1986
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-49.4 Ohio faculty council.

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

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

History

  • Effective: October 20, 2009
  • Promulgated Under: 111.15

Chapter 3335-6 Tenure-Track Faculty

Ohio Adm.Code 3335-6-01 General considerations.

(A) Peer review provides the foundation for decisions regarding faculty appointment, reappointment, and promotion and tenure (except when the provisions of paragraph (H) of rule 3335-6-03 of the Administrative Code are invoked.) Peers are those faculty who can be expected to be most knowledgeable regarding an individual's qualifications and performance--normally tenure initiating unit colleagues. Because of the centrality of peer review to these review processes, faculty vested with responsibility for providing peer review have an obligation to participate fully and knowledgeably in review processes, to exercise the standards established in faculty rule 3335-6-02 of the Administrative Code and other standards specific to the academic unit and discipline, and to make negative recommendations when these are warranted to maintain and improve the quality of the faculty. Recommendations by the faculty vested with the responsibility for providing peer review will be accepted unless they are not supported by the evidence presented regarding how the candidate meets the standards established in faculty rule 3335-6-02 of the Administrative Code and other standards specific to the academic unit and discipline. When, for the reasons just stated, a decision regarding faculty appointment, reappointment, or promotion and tenure differs from the recommendation of the faculty, the administrator or body making that decision will communicate in writing to the faculty body that made the recommendation the reasons that the recommendation was judged not to be supported by the evidence.

(B) In accordance with a policy of equality of opportunity, decisions concerning appointment, reappointment, and promotion and tenure shall be free of discrimination as to age, ancestry, color, disability, ethnicity, gender, gender identity or expression, genetic orientation, HIV/AIDS status, military status, national origin, pregnancy, race, religion, sex, sexual orientation, veteran status, or any other bases covered under the law.

Last updated October 16, 2023 at 8:59 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-03

(A) Probationary periods are established for tenure-track faculty members. During a probationary period a faculty member does not have tenure and is considered for reappointment annually.

(B) Length of probationary period.

(1) An appointment as professor or associate professor will generally entail tenure. However, a probationary period not to exceed four years may be granted by the office of academic affairs upon petition of the tenure initiating unit and college. For the petition to be approved, a compelling rationale must be provided regarding why appointment at a senior rank is appropriate but tenure is not. All appointments to the rank of associate professor or professor require prior approval of the executive vice president and provost.

An appointment to the rank of instructor is always probationary and may not exceed three years. An instructor must be approved for promotion to assistant professor by the beginning of the third year of appointment or the appointment will not be renewed beyond the end of the third year. When an instructor is promoted to the rank of assistant professor, prior service credit may be granted for time spent as an instructor if the faculty member requests such credit in writing at the time of the promotion. This request must be approved by the tenure-initiating unit's eligible faculty, the tenure-initiating unit head, the dean of the college, and the office of academic affairs.

An appointment to the rank of assistant professor is always probationary and may not exceed six years, including prior service credit. An assistant professor is reviewed for promotion and tenure no later than the sixth year of appointment as an assistant professor and informed by the end of the sixth year as to whether promotion and tenure will be granted at the beginning of the seventh year.

(2) Promotion and tenure may be granted at any time during the probationary period when the faculty member's record of achievement merits tenure and promotion. Similarly, a probationary appointment may be terminated at any time subject to the notice provisions of rule 3335-6-08 of the Administrative Code and the provisions of paragraphs (G) and (H) of this rule.

(3) Probationary tenure-track faculty members will be informed no later than the end of the year in which their mandatory review for tenure takes place as to whether tenure will be granted by the beginning of the following year. If tenure is not granted, a one year terminal year of employment is offered.

(C) Annual review of probationary tenure-track faculty members.

(1) At the time of appointment, probationary tenure-track faculty members shall be provided with all pertinent documents detailing tenure initiating unit, college, and university promotion and tenure policies and criteria. If these documents are revised during the probationary period, probationary tenure-track faculty members shall be provided with copies of the revised documents.

(2) During a probationary period a tenure-track faculty member shall be reviewed annually in accordance with this rule and with policies of the tenure initiating unit, college and university. The annual review should encompass the faculty member's performance in teaching, in scholarship, and in service; as well as evidence of continuing development. The involvement of tenure initiating unit faculty in annual reviews is strongly encouraged. External evaluations of the faculty member's work, required for tenure and promotion reviews, may be obtained for any annual review if judged appropriate by the faculty review body or tenure initiating unit chair. The tenure initiating unit chair shall inform probationary faculty members at the time of initial appointment, and in a timely fashion each year thereafter, when the annual review will take place and provide a copy of the office of academic affairs dossier outline to be completed by the faculty member in reporting accomplishments to date. At the completion of the review the tenure initiating unit chair shall provide the faculty member and the dean of the college with a written assessment of the faculty member's performance and professional development. The assessment should include both strengths and weaknesses, as appropriate. If the chair's recommendation is to reappoint the faculty member to another probationary year of service, that recommendation shall be final. A recommendation from the chair to not reappoint the faculty member to another probationary year requires a review that follows fourth year review procedures (see paragraph (G) of this rule) and the dean shall make the final decision in the matter. All annual review letters to date shall become a part of a faculty member's dossier for subsequent annual reviews during the probationary period, including the review for promotion and tenure.

(3) When probationary tenure-track faculty receive their annual review, the tenure initiating unit chair shall inform them of their right to review their primary personnel file maintained by their tenure initiating unit and to place in that file a response to any evaluation, comment or other material contained in the file (see paragraph (C)(8) of rule 3335-3-35 of the Administrative Code).

(4) The fourth year review of probationary tenure-track faculty shall follow the same process as the review for tenure and promotion at the tenure initiating unit and college levels with two exceptions: Solicitation of external letters of evaluation may or may not be required by the tenure initiating unit and review by the college promotion and tenure committee shall be optional in all cases where both the tenure initiating unit and the dean approve the renewal of the appointment. Renewal of the appointment of a probationary assistant professor for the fifth year requires the approval of the dean of the college. Before reaching a negative decision or a decision contrary to the tenure initiating unit's recommendation, the dean must consult with the college promotion and tenure committee.

(D) Exclusion of time from probationary periods.

(1) There are three circumstances under which probationary tenure-track faculty may obtain an exclusion of time from probationary periods, also known as extending the tenure clock. These exclusions recognize factors that impact the ability to meet the criteria for tenure within the probationary period outlined in paragraph (B) of this rule. A request to exclude time from the probationary period for any of the reasons listed in paragraphs (D)(1)(a) to (D)(1)(c) of this rule must be made prior to April first of the year in which the mandatory review for tenure is scheduled.

(a) A probationary tenure-track faculty member will have one year excluded from the probationary period for the birth or the adoption of a child. The maximum time that can be excluded per birth or adoption is one year. This exclusion is guaranteed provided the faculty member informs the TIU head in writing within one year of the birth or adoption unless the exclusion is prohibited in paragraph (D)(3) of this rule. It is the responsibility of the TIU head to inform the college dean and office of academic affairs of the birth or adoption. The probationary faculty member may decline the one-year exclusion by informing the TIU head in writing before April first of the original mandatory review year.

(b) A probationary tenure-track faculty member may apply to exclude time from the probationary period in increments of one year because of personal illness, care of a seriously ill or injured person, an unpaid leave of absence, or factors beyond the faculty member's control that hinder the performance of the duties associated with being a successful faculty member, i.e., teaching, scholarship, and service. For faculty members requesting an exclusion due to personal illness or care of a seriously ill or injured person, requests shall be made in writing to human resources which will work with the TIU head to determine the necessary documentation. Requests to exclude time from the probationary period due to unpaid leave or factors beyond the faculty member's control must be submitted in writing to the TIU head within one year of the unpaid leave or the extenuating factors. Such requests shall be reviewed by the TIU promotion and tenure committee which will advise the TIU head on the appropriateness of the request. In units that do not have a promotion and tenure committee, the eligible faculty shall review the request. All requests require approval by the TIU head dean, and executive vice president and provost. The extent to which the event leading to the request was beyond the faculty member's control and the extent to which it interfered with the faculty member's ability to be productive will be considered in granting or denying the request.

(c) Probationary tenure-track faculty members on less than full-time service for part or all of their probationary period may request an exclusion of time. Such requests require approval of the TIU head, dean, and executive vice president and provost. The exclusion shall be for an integer number of years based on the principle that the usual probationary period represents full-time service. The maximum exclusion of a probationary period for less than full-time service is one year for a probationary instructor, three years for a probationary assistant professor and two years for a probationary associate professor or professor.

(2) A request to exclude time from the probationary period for any reason will not be granted after a nonrenewal notice has been issued nor will previously approved requests to exclude time from the probationary period in any way limit the university's right not to renew a probationary appointment

(3) Except in extraordinary circumstances, a maximum of three years can be excluded from the probationary period for tenure track faculty for any reason or combination of reasons covered in the provisions in paragraphs (D)(1)(a) and (D)(1)(b) of this rule. For probationary faculty who are on appointments of less than full time, the maximum is four years for an instructor, six years for an assistant professor, and five years for an associate professor or professor for any reason or combination of reasons covered in the provisions in paragraphs (D)(1)(a), (D)(1)(b), and (D)(1)(c) of this rule. Exceptions require the approval of the tenure initiating unit chair, dean, and executive vice president and provost.

(4) Tenure-track faculty members will be reviewed annually during their probationary periods regardless of whether time is excluded from that period for any of the above reasons unless their absence from campus during an excluded period makes conduct of such a review impractical.

(5) For purposes of performance reviews of probationary faculty, the length of the probationary period is the actual number of years of employment at this university less any years of service excluded from the probationary period under the terms of this rule. Expectations for productivity during the probationary period cannot be increased as a consequence of exclusions of time granted under the terms of this rule. Probationary faculty who are on part-time appointments should be reviewed in the context of their reduced duties.

(6) The exclusion of time granted under for reasons specified in this rule in no way limits the award of promotion and tenure prior to the mandatory review year.

(E) Service credit of up to three years may be granted for prior work experience at the time of the initial appointment and requires the approval of the tenure initiating unit chair, dean, and executive vice president and provost. Prior service credit shortens a probationary period by the amount of the credit and once granted cannot be revoked except through an approved request to exclude time from the probationary period.

(F) Probationary appointments may be terminated during any probationary year because of inadequate performance or inadequate professional development. At any time other than the fourth year review or mandatory review for tenure, a nonrenewal decision must be based on the results of a formal performance review conducted in accord with fourth year review procedures as set forth in paragraph (C)(3) of this rule. Notification of nonrenewal must be consistent with the standards of notice set forth in rule 3335-6-08 of the Administrative Code.

(G) Probationary appointments may be terminated for fiscal or programmatic reasons. When nonrenewal is based on fiscal or programmatic reasons, the faculty member should be advised that such nonrenewal is a possibility and formal notice of nonrenewal should be provided as soon as possible after the need for nonrenewal is established. Nonrenewal of a probationary appointment for fiscal or programmatic reasons does not entail a performance review and requires the prior approval of the executive vice president and provost. Because hiring decisions should be based on informed assumptions regarding the future availability of resources and of programmatic needs, approval of such nonrenewals will be based on the extent to which convincing evidence is provided that the fiscal or programmatic reasons for the nonrenewal could not be anticipated when the appointment was made and are expected to be long lasting.

(H) Decisions affecting the nonrenewal of a probationary appointment may not be arbitrary or capricious or carried out in violation of a faculty member's right to academic freedom. Faculty rule 3335-5-05 of the Administrative Code provides a procedural mechanism under which an aggrieved probationary faculty member can challenge a nonrenewal decision believed to have been improper. In that instance, however, the burden of proof is on the probationary faculty member to establish that the nonrenewal decision was improper (see rule 3335-6-05 of the Administrative Code).

Last updated October 16, 2023 at 9:00 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-02

(A) The Ohio state university will be recognized worldwide for the quality and impact of its research, teaching, and service. For purposes of faculty performance reviews under university rules:

(1) Research is broadly defined to include discovery, scholarly and creative work, applied research, commercialization, and the scholarship of pedagogy.

(2) Teaching is broadly defined to include didactic classroom, non-classroom and distance instruction, extension and continuing education, advising, and supervising or mentoring students or postdoctoral scholars.

(3) Service is broadly defined to include providing administrative service to the university, professional service to the faculty member's discipline, and disciplinary expertise to public or private entities beyond the university.

Each tenure initiating unit is responsible for establishing criteria for appointment, reappointment, and promotion and tenure that are consistent with this mission and for ensuring that every faculty appointment, reappointment, and promotion and tenure recommendation is consistent with this mission.

Appointment decisions for tenure-track faculty positions, as defined in rule 3335-5-19 of the Administrative Code, must be based on criteria that reflect strong potential to attain tenure and advance through the faculty ranks. A minimum requirement for appointment at or promotion to the rank of assistant professor or a higher rank is an earned doctorate or other terminal degree in the relevant field of study or possession of equivalent experience. Appointments at the rank of instructor should normally only be made when the offered appointment is that of assistant professor but the appointee has not completed the required terminal degree at the onset of the appointment. Appointments of tenure-track faculty should occur only after a national search.

(B) No faculty member attains tenure automatically. Tenure may be acquired either in the original appointment to the tenure-track faculty rank of associate professor or professor or upon promotion from within the university to the rank of associate professor, or following a successful probationary period at the rank of associate professor or professor (as specified in rule 3335-6-03 of the Administrative Code). Tenure will not be awarded below the rank of associate professor.

(C) The awarding of tenure and promotion to the rank of associate professor must be based on convincing evidence that the faculty member has achieved excellence as a teacher, as a scholar, and as one who provides effective service; and can be expected to continue a program of high quality teaching, scholarship, and service relevant to the mission of the academic unit(s) to which the faculty member is assigned and to the university. Promotion to the rank of professor must be based on convincing evidence that the faculty member has a sustained record of excellence in teaching; has produced a significant body of scholarship that is recognized nationally or internationally; and has demonstrated leadership in service.

(D) In evaluating the candidate's qualifications in teaching, scholarship, and service, reasonable flexibility shall be exercised, balancing, where the case requires, heavier commitments and responsibilities in one area against lighter commitments and responsibilities in another. In addition, as the university enters new fields of endeavor, including interdisciplinary endeavors, and places new emphases on its continuing activities, instances will arise in which the proper work of faculty members may depart from established academic patterns. In such cases care must be taken to apply the criteria with sufficient flexibility. In all instances superior intellectual attainment, in accordance with the criteria set forth in university rules, is an essential qualification for promotion to tenured positions. Clearly, insistence upon this standard for continuing members of the faculty is necessary for maintenance and enhancement of the quality of the university as an institution dedicated to the discovery and transmission of knowledge.

(E) Each tenure initiating unit shall have an appointments, promotion, and tenure document. The document shall describe, in qualitative terms, the unit's criteria for appointments, promotion, and tenure and evidence to be provided to support a case within the context of the unit's mission and the standards set forth in this rule as well as the mission and standards of the college. The document should indicate with some specificity how the quality and effectiveness of teaching, the quality and significance of scholarship, and the quality and effectiveness of service are to be documented and assessed. The document of a tenure initiating unit with regional campus faculty must establish criteria for appointments, promotion, and tenure for these faculty within the context of the regional campuses' mission as well as that of the tenure initiating unit. The document shall also describe the unit's procedures for conducting annual performance reviews of probationary faculty and reviews for promotion and tenure.

The document must be drawn up or amended through broad faculty consultation with all voting members of the tenure initiating unit according to the principles articulated in paragraph (C)(3) of rule 3335-3-35 of the Administrative Code and must be approved by the dean of the college and the executive vice president and provost.

(F) Each college shall have an appointments, promotion, and tenure document. The document shall describe, in qualitative terms, the college's criteria for appointments, promotion, and tenure within the context of the college's mission and the standards set forth in this rule. The document shall also describe the college's procedures for conducting college level reviews for promotion and tenure.

The document must be drawn up through broad faculty consultation and must be approved by the executive vice president and provost.

Last updated October 16, 2023 at 9:00 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-19

As used in university rules, the term "faculty" shall include persons appointed by the board of trustees with tenure-track, clinical/teaching/practice research, associated, and emeritus faculty titles on full or part-time appointments, with or without salary.

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

(B) "Clinical/teaching/practice faculty": Clinical/teaching/practice faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Clinical/teaching/practice faculty positions are not tenure track positions and are not eligible for tenure.

(C) "Research faculty": Research faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Research faculty positions are not tenure track positions and are not eligible for tenure.

(D) "Associated faculty": persons with clinical practice titles, adjunct titles, visiting titles, and lecturer titles; also professors, associate professors, assistant professors, and instructors who serve on appointments totaling less than fifty per cent service to the university. Persons with tenure-track, clinical/teaching/practice, or research faculty titles may not hold associated titles. Persons holding associated titles are not eligible for tenure and may not participate in the promotion and tenure reviews of tenure-track, clinical/teaching/practice, or research faculty. Associated faculty positions are not tenure track and are not eligible for tenure. Persons with associated titles are permitted to participate in college or academic unit governance where approved by a vote of at least a majority of all of its tenure track faculty and also clinical/teaching/practice and research faculty in those colleges and units where they have been given voting rights. Associated faculty appointments may be made for a maximum of three consecutive years and, with the exception of visiting titles, may be renewed.

(1) Clinical practice faculty: The titles of clinical professor of practice, clinical associate professor of practice, clinical assistant professor of practice, and clinical instructor of practice shall be used to confer faculty status on individuals who have credentials comparable to clinical faculty of equivalent rank and who either provide significant, uncompensated service for which a faculty title is needed or compensated service to the clinical instructional programs in the colleges of the health sciences. Clinical practice appointments are made for the period in which the service is provided. Renewal of no-salary appointments is contingent upon continued significant contributions. Procedures for the promotion of clinical practice faculty members shall be the same as for promotion of clinical faculty.

(2) Visiting faculty: The titles of visiting professor, visiting associate professor, and visiting assistant professor, shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice or research faculty of equivalent rank who spend a limited period of time on formal appointment and in residence at this institution for purposes of participating in the instructional and research programs of the university. A visiting appointment cannot exceed three continuous academic years of service.

(3) Adjunct faculty: The titles of adjunct professor, adjunct associate professor, and adjunct assistant professor, and adjunct instructor shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice, or research faculty of equivalent rank, who provide significant, service to the instructional and/or research programs of the university and who need a faculty title to perform that service. Significant service would include teaching the equivalent of one or more courses, advising graduate students or serving on graduate committees, and serving as a co-investigator on a research project. Such individuals may be either nonuniversity employees or university employees compensated on a noninstructional budget. Adjunct appointments are made for the period in which the service is provided. Renewal of adjunct appointments is contingent upon continued significant contributions. Procedures for the promotion of adjunct faculty members shall be the same as for promotion of tenure, clinical/teaching/practice, or research faculty.

(4) Lecturer: The titles of lecturer and senior lecturer shall be used for all compensated instructional appointments where other titles are not appropriate. Lecturers' responsibilities are limited to teaching as defined in paragraph (A)(2) of rule 3335-6-02 of the Administrative Code.

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

Last updated June 18, 2024 at 8:36 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-3-35

(A) The chair of each department and the director of each school shall be the administrative head, respectively, of the department or school. The department chair and the director of a school perform a dual function. In addition to being the administrative head of the department or school, the chair or director represents the faculty of the department or school in dealing with the dean or others in the university administration. Upon the nomination of the president or their designee, the board of trustees shall appoint each chair and director for a term of four years subject to the annual review provisions of the office of academic affairs. A chair or director shall be eligible for reappointment. In selecting a chair or director, the president or their designee shall confer with the dean of the college involved. The dean, in turn, will consult with the faculty of the department or school on all campuses, as well as other appropriate university officials. The president or their designee shall give substantial weight to faculty recommendations in reaching a decision regarding a nomination or recommendation for reappointment. Department chairs and directors of schools report to the deans of their colleges.

(B) The president or their designee may remove a chair or director during a four-year term after consultation with the voting faculty and dean of the unit involved. The views of the faculty shall be given substantial weight in arriving at any decision to remove a chair or director from office.

(C) The duties of the chair of a department or the director of a school shall be as follows:

(1) To have general administrative responsibility for its program, subject to the approval of the dean of the college.

(2) To develop, in consultation with the faculty, a pattern of administration. This pattern of administration shall be made available to all present and prospective members of the faculty of the department or school, and a copy shall be deposited in the office of the dean of the college and in the office of the executive vice president and provost.

For purposes of defining minimum content, the following shall be included in the pattern of administration:

(a) A statement requiring the chair to provide a schedule of all regular faculty meetings (see rule 3335-5-18 of the Administrative Code) to all faculty members before the start of each semester, summer term, or session.

(b) A statement requiring the chair to maintain minutes of all faculty meetings and to maintain records of all other actions covered by the pattern of administration.

(c) A statement that the chair will consult with the faculty on all policy matters, and that such consideration will, whenever practicable, be undertaken at a meeting of the faculty as a whole.

(d) A statement recognizing in principle the presumption favoring majority faculty rule on all matters covered by the pattern of administration. This statement shall further provide that whenever majority faculty rule is not followed, the department or faculty chair, or school director, or dean and director of a regional campus, whichever is the case, shall explain the reasons for the departure to enhance communication and to facilitate understanding within the department. Where possible, this statement of reasons shall be provided before the departure occurs. This explanation shall outline the decision of the majority of the faculty, the decision of the department or faculty chair, or school director, or dean and director of the regional campus, whichever is the case, and the reasons the decisions differ. The explanation shall be communicated to the faculty in writing, where possible, or at a faculty meeting, with an opportunity provided for faculty to comment.

(e) A statement affirming that the faculty shall be consulted in the initiation and in the review and selection of new faculty members for appointment.

(f) A statement explaining how faculty duties and responsibilities in instruction, scholarship, and service are to be assigned and distributed equitably.

(3) To prepare, after consultation with the faculty and in accordance with the pattern of departmental administration, a statement setting forth the criteria and procedures according to which recommendations are made concerning appointments and/or dismissals, salary adjustments, promotions in rank, and matters affecting the reappointment and tenure of the faculty. This statement shall be made available to all present and prospective members of the department or school, and a copy shall be deposited in the office of the dean of the college and in the office of academic affairs. At the beginning of each four-year term of the chair of a department or the director of a school, the members of the department or school, the office of the dean of the college, and the office of academic affairs shall receive either a revision or reaffirmation of the original statement

(4) To operate the business of the department or school with efficiency and timeliness.

(5) To plan with the members of the faculty and the dean of the college the regular evaluation of instructional and administrative processes and methods for their improvement, and to develop a plan for ensuring that students progress toward timely program completion.

(6) To evaluate faculty members periodically in accordance with criteria approved by the board of trustees and subject to instructions from the executive vice president and provost, and also according to such supplemental criteria as may be set up by the department or school.

(7) To inform faculty members when they receive their annual review of their right to review their primary personnel file maintained by their tenure initiating unit and to place in that file a response to any evaluation, comment or other material contained in the file.

(8) To recommend to the dean of the college, after consultation with the faculty in accordance with paragraph (C)(3) of this rule, appointments, promotions, dismissals, and matters affecting the reappointment and tenure of members of the department or school faculty.

(9) To encourage research and educational investigations.

(10) To see that all faculty, regardless of their assigned location, are offered the departmental privileges and responsibilities appropriate to their rank.

(11) To lead in maintaining a high level of morale among faculty.

(12) To see that adequate supervision and training are given to those members of the faculty and staff who may profit by such assistance.

(13) To prepare (after consultation with faculty) annual budget recommendations for consideration by the dean of the college.

(14) To promote improvement of instruction by providing for the evaluation of each course when offered, including written evaluation by students of the course and instructors, and periodic course review by the faculty.

Last updated September 20, 2022 at 8:50 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-08

(A) In cases of nonrenewal of an appointment to a regular tenure-track faculty rank, the university will, insofar as possible, observe the following standards of notice:

(1) Not later than March first of the first academic year of probationary service, if the appointment expires at the end of that year; or if a one-year appointment expires during an academic year, at least three months in advance of its expiration;

(2) Not later than December fifteenth of the second academic year of probationary service, if the appointment expires at the end of that year; or if an appointment expires during the second academic year, at least six months in advance of its expiration; and

(3) At least twelve months before the expiration of an appointment after two or more years in the institution.

(B) These standards of notice need not apply in cases of termination for cause.

(C) In the event of a decision resulting in nonrenewal, the chair shall notify the faculty member in writing of that decision and the reasons for it.

(D) Decisions regarding renewal of members of the associated faculty (adjunct, clinical practice, visiting titles, or lecturers) are made annually in accordance with criteria and procedures of the appointing instructional unit and in accordance with university policies relative to associated faculty positions.

History

  • Effective: July 1, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-05

(A) Definitions and construction.

(1) Complaints concerning promotion, tenure, or renewal decisions may be made to the committee on academic freedom and responsibility by any member of faculty as defined in rule 3335-5-19 of the Administrative Code

(2) In all formal proceedings under this rule, the burden of going forward and the burden of establishing proof shall be on the complainant.

(3) "Improper evaluation," as used in this rule, shall mean:

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

(b) That such decision was based upon reasons or considerations that infringe a constitutional right of the complainant.

(4) In considering complaints alleging an improper evaluation under this rule, the review should consider only whether those individual(s) making the decision followed the appropriate procedures, considered the important evidence material to a fair determination, and acted in a responsible manner. When reviewing complaints, neither the committee on academic freedom and responsibility nor the faculty hearing panel shall substitute its judgment on the merits of the individual's performance for that of the academic unit.

(5) If a complaint is dismissed by either the committee on academic freedom and responsibility or a hearing panel pursuant to this rule, no appeal may be taken by the complainant.

(6) All records of the proceedings under this rule shall be kept in the office of the executive vice president and provost and shall not be open to public inspection without the written permission of the complainant and the executive vice president and provost.

(B) The committee on academic freedom and responsibility.

(1) Complaints alleging improper evaluation shall be presented in writing to the faculty members of the committee on academic freedom and responsibility (hereinafter "committee") and to the executive vice president and provost within thirty days (whenever practical) after a faculty member has been notified of the decision the faculty member wishes to challenge.

(2) Upon receipt of a written complaint alleging improper evaluation, the committee shall have sixty days to review the complaint, and evidence relating to it (including evidence on behalf of the academic unit) to determine whether reasonable and adequate grounds exist for asserting improper evaluation.

(3) By means of informal procedures, the committee shall review the complaint, and evidence relating to it (including evidence on behalf of the academic unit) to determine whether reasonable and adequate grounds exist for asserting improper evaluation.

(4) If the committee determines that no reasonable and adequate grounds exist for asserting improper evaluation, it shall dismiss the complaint and forward all files on the matter to the executive vice president and provost.

(5) If the committee determines that reasonable and adequate grounds may exist for asserting improper evaluation, it shall forward the complaint and all additional materials gathered during examination of the complaint to the faculty hearing committee and to the complainant, established pursuant to rule 3335-5-48.9 of the Administrative Code.

(6) If the committee is unable to reach a decision in the allotted sixty days, the complaint shall be forwarded to the faculty hearing committee.

(C) The faculty hearing committee.

(1) Upon receipt of a complaint alleging improper evaluation, the chair of the faculty hearing committee shall meet with the complainant to discuss the issues in the complaint and to inform the complainant about the procedures to be followed in the hearing.

(2) Within thirty days of receipt of a complaint, pursuant to paragraph (B)(6) of this rule, the faculty hearing committee shall select a hearing panel according to the method provided in rule 3335-5-48.10 of the Administrative Code, to conduct proceedings in order to determine whether there is validity in the complaint. The hearing panel shall make every effort to conclude the hearing within sixty days, and the chair of the faculty hearing committee shall make every effort to submit the written report of the hearing to the executive vice president and provost within thirty days.

(3) Actions being challenged under this rule shall be responded to by the executive vice president and provost or designee.

(4) In matters involving allegations under paragraph (A)(3)(b) of this rule, the hearing panel shall conduct its proceedings in a collegial manner in accordance with the following guidelines:

(a) The complaint shall be set forth in writing and a copy furnished to the party or parties that are alleged to have committed the infringement.

(b) The hearing panel may restrict the attendance of persons at the proceedings, provided that the complainant shall not be denied the right to have one observer of their choosing present at all times.

(c) Both complainant and respondent shall have the right to be accompanied and advised by any person of their choice, to present witnesses and evidence on their own behalf, and to examine witnesses and evidence.

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

(e) An electronic recording shall be kept of all proceedings at a hearing panel. The recording shall be conveyed by the chair of the faculty hearing committee to the office of the executive vice president and provost.

(5) In matters involving complaints under paragraph (A)(3)(a) of this rule, the hearing panel shall conduct an investigatory proceeding in accord with the following guidelines:

(a) The proceeding shall not be adversarial in nature. The proceeding is an investigation leading to a report on whether or not adequate consideration was accorded.

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

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

(d) The hearing panel shall request an oral or written report on the procedures followed and the evidence considered in reaching the decision that led to the complaint. The person or group who makes the decision may be called upon to demonstrate that all important and material evidence was considered.

(6) At the conclusion of a hearing, the hearing panel shall:

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

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

(c) When it has found that an improper evaluation has been made, makes a recommendation as to steps that could be taken to assure a new, fair, and impartial hearing.

(d) Shall be submitted to the dean of the college in which the complainant is a member and to the executive vice president and provost. The executive vice president and provost, in consultation with the hearing panel and the chair of the faculty hearing committee, shall take such steps as may be deemed necessary to assure a new fair, and impartial evaluation. A copy of the hearing panel's findings shall also be sent to the president.

(7) If a decision is remanded under paragraph (C)(6)(c) of this rule, it shall be reconsidered promptly. Within thirty days of the receipt of the hearing panel's decision, the executive vice president and provost shall respond in writing to the hearing panel and the president, stating what action has been taken and the reasons therefor.

(8) A copy of all findings and recommendations of a hearing panel shall be provided to the complainant.

(D) The president.

(1) Upon receipt of a report under paragraph (C)(7) of this rule, the president shall review the matter and take whatever action the president deems appropriate.

(2) All decisions of the president under this rule shall be provided in writing to the hearing panel and the complainant.

Last updated October 11, 2023 at 8:37 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-05

(A) Appeals. It is the policy of the Ohio state university to make decisions regarding the renewal of probationary appointments and promotion and tenure in accordance with the standards, criteria, policies, and procedures stated in these rules, supplemented by additional written standards, criteria, policies, and procedures established by tenure initiating units and colleges. If a candidate believes that a nonrenewal decision or negative promotion and tenure decision has been made in violation of this policy and therefore alleges that it was made improperly, the candidate may appeal that decision. Procedures for appealing a decision based on an allegation of improper evaluation are described in rule 3335-5-05 of the Administrative Code.

(B) Seventh year reviews. Every effort should be made to consider new information about a candidate's performance before a final decision is made if the new information becomes available before a decision is rendered. In rare instances, a tenure initiating unit may petition the dean to conduct a seventh year review for an assistant professor who has been denied promotion and tenure. Both the eligible faculty of the unit and the chair must approve proceeding with a petition for a seventh year review. The petition must provide documentation of substantial new information regarding the candidate's performance that is germane to the reasons for the original negative decision. Petitions for seventh year reviews must be initiated before the beginning of the last year of employment because the seventh year review, if approved, would take place during the regular university review cycle of the assistant professor's seventh and last year of employment.

If the dean concurs with the tenure initiating unit's petition, the dean shall in turn petition the provost for permission to conduct a seventh year review. If the provost approves the request, a new review will be conducted equivalent to the one that resulted in the nonrenewal of the appointment. The conduct of a seventh year review does not presume a positive outcome. In addition, should the new review result in a negative decision, the faculty member's last day of employment is that stated in the letter of nonrenewal issued following the original negative decision.

A tenure-track faculty member may not request a seventh year review, appeal the denial of a seventh year review petition initiated by their tenure initiating unit, or appeal a negative decision following a seventh year review, since the faculty member has already been notified that tenure has been denied at the conclusion of the sixth year review.

Last updated October 16, 2023 at 9:01 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-04 Promotion and tenure review procedures for tenure-track faculty.

(A) General considerations.

(1) In consultation with the rules committee or its designee, the office of academic affairs shall develop and promulgate procedural guidelines for promotion and tenure reviews to supplement Chapter 3335-6 of the Administrative Code. These guidelines shall include a dossier outline to be used for the documentation of accomplishments by all candidates to be reviewed for promotion and tenure and by all probationary tenure-track faculty for annual reviews. The guidelines shall also include general information about the review process at the college and university level, information about any legal considerations affecting promotion and tenure evaluations, examples of criteria by which candidates for promotion and tenure are evaluated, and other information intended to assist academic units in carrying out reviews.

(2) All candidates for promotion and tenure are reviewed by the eligible faculty and by the chair of their tenure initiating unit. Candidates will also be reviewed at the college and university levels. The tenure initiating unit chair is responsible for informing the candidate in writing of the provost's final decision (if negative) or recommendation to the board of trustees (if positive).

(3) The review for tenure during the final year of a probationary period is mandatory and must take place.

A probationary faculty member may ask to be considered for nonmandatory promotion and tenure review any time. However, the tenure initiating unit promotion and tenure committee may deny a probationary nonmandatory review every year up to the candidate's mandatory year. If a probationary nonmandatory review is allowed and the outcome is negative, the candidate continues at the rank they held at the start of the review. If a probationary mandatory review outcome is negative, the candidate's employment ends. Exclusions of time from a probationary period are allowed under paragraph (D) of rule 3335-6-03 of the Administrative Code and the expectations for productivity must be independent of the duration of the probationary period. A tenured faculty member may request a promotion review at any time. However, the tenure initiating unit promotion and tenure committee may deny this request if the tenured faculty member's accomplishments are judged not to warrant such review. The promotion and tenure committee may deny a tenured faculty member's request for promotion review only once. If the review is allowed and the outcome is negative, the tenured faculty member continues at the rank they held at the start of the review. This faculty member may continue at that rank indefinitely or request subsequent reviews that may not be denied.

(4) Only the candidate may stop any review for promotion and tenure once external letters of evaluation have been sought. The candidate may withdraw from review at any stage of the process by so informing the tenure initiating unit chair in writing. If the review process has moved beyond the tenure initiating unit, the tenure initiating unit chair shall inform the dean or the executive vice president and provost, as relevant, of the candidate's withdrawal. Withdrawal from the mandatory tenure review during the final probationary year means that tenure will not be granted.

(B) Review procedures at the tenure initiating unit level.

(1) Each tenure initiating unit shall establish a mechanism such as a promotion and tenure committee, for presenting the case of a candidate for promotion and tenure to the eligible faculty for consideration and for preparing a report for the tenure initiating unit chair providing the eligible faculty's assessment of quality and effectiveness of teaching, quality and significance of scholarship, and quality and effectiveness of service. With the exception noted in this paragraph, eligible faculty are tenured faculty of higher rank than the candidate excluding the tenure initiating unit chair, the dean and assistant and associate deans of the college, the executive vice president and provost, and the president. For tenure reviews of probationary professors, eligible faculty are tenured professors excluding the tenure initiating unit chair, the dean and assistant and associate deans of the college, the executive vice president and provost, and the president.

(2) The candidate shall have primary responsibility for preparing, according to office of academic affairs guidelines, a dossier documenting their accomplishments

(3) The tenure initiating unit chair or chair of the promotion and tenure committee shall be responsible for gathering internal evidence of the quality and effectiveness of teaching, quality and significance of scholarship, and quality and effectiveness of service from students and peers, as appropriate, within the tenure initiating unit. The tenure initiating unit chair or chair of the promotion and tenure committee shall also be responsible for obtaining letters from external evaluators and from other units at this university in which the candidate has appointment or substantial professional involvement, whether compensated or not. Some of the external evaluators should be suggested by the candidate and some by the department chair or promotion and tenure committee; no more than one-half of the letters contained in the final dossier should be from persons suggested by the candidate. All solicited letters that are received must be included in the dossier. Unsolicited letters of evaluation or letters of evaluation solicited by anyone other than the above authorized persons may not be included in the dossier.

(4) The eligible faculty shall review the candidate's dossier describing accomplishments in teaching, scholarship, and service and shall vote on the candidate. A report of the faculty assessment, including both strengths and weaknesses, and the numerical vote of the faculty shall be forwarded to the tenure initiating unit chair for inclusion in the dossier.

(5) The chair shall prepare a separate written assessment of the case and recommendation for the dean for inclusion in the dossier. As soon as the faculty report and chair's letter have been completed, the candidate should be notified in writing of the completion of the tenure initiating unit review and of the availability of these reports. The candidate may request a copy of these reports. The candidate may provide the tenure initiating unit chair with written comments on the tenure initiating unit review for inclusion in the dossier within ten calendar days of notification of the completion of the review. The promotion and tenure committee and/or chair may provide written responses to the candidate's comments for inclusion in the dossier. Only one iteration of comments on the departmental level review is permitted.

(6) The tenure initiating unit chair shall forward the dossier with all internal and external evaluations, candidate comments on the tenure initiating unit review and promotion and tenure committee and/or chair responses to those comments, if any, to the dean of the college.

(C) Review procedures at the college and university level.

(1) The purposes of promotion and tenure reviews beyond the tenure initiating unit shall be:

(a) To determine whether the tenure initiating unit has conducted its review and reached a recommendation consistent with university, college, and tenure initiating unit standards, criteria, policies, and rules. A faculty review body or administrator at the college or university level may make a recommendation that is contrary to that of the tenure initiating unit if, in its judgment, the tenure initiating unit recommendation is not consistent with those standards, criteria, policies, and rules.

(b) To determine where the weight of the evidence lies in cases in which there is not a clear or consistent recommendation from lower levels of review.

(2) The dean of a college shall have a standing faculty promotion and tenure committee which is advisory to the dean. Members shall not participate in the review of cases from their own departments. The college promotion and tenure committee shall prepare a written report of its assessment and vote for inclusion in the dossier. The dean shall prepare a separate written assessment of the case and recommendation for the provost for inclusion in the dossier. As soon as the college promotion and tenure committee report and dean's letter have been completed, the candidate should be notified in writing of the completion of the college level review and of the availability of these reports. The candidate may request a copy of these reports. The candidate may provide the dean with written comments on the college review for inclusion in the dossier within ten calendar days of notification of the completion of the review. The college promotion and tenure committee and/or dean may provide written responses to the candidate's comments for inclusion in the dossier. Only one iteration of comments on the college level review is permitted. The dean shall forward the dossier, along with all evaluations and reports, to the provost.

(3) The executive vice president and provost shall have a standing faculty promotion and tenure committee which is advisory to the provost. Members shall not participate in the review of cases from their own departments. Normally, the provost shall refer cases to this committee for advice only when there is concern regarding the appropriateness of lower level recommendations, when there are unclear or inconsistent recommendations from previous levels of review, or when all previous recommendations are negative. The university promotion and tenure committee shall prepare a written report of its assessment and vote for inclusion in the dossier.

(D) Modification of review processes for alternative administrative structures.

(1) Regional campus faculty shall be reviewed by the faculty and dean and director on the appropriate campus using procedures established on each campus. This review shall focus primarily on the faculty member's contributions in teaching and service. The dean and director shall forward the report of the regional campus faculty and their recommendation to the chair of the faculty member's tenure initiating unit and inform the candidate of their recommendation. The review shall proceed as described in paragraphs (A) to (C) of this rule with the understanding that the relative weight of teaching and service is ordinarily greater on regional campuses.

(2) If the college is the unit responsible for initiating tenure and promotion recommendations, it should follow the annual review and promotion and tenure procedures described for tenure initiating units. The dean shall forward the annual review letter or promotion and tenure dossier to the executive vice president and provost.

(3) Schools follow the procedures established for tenure initiating unit reviews unless they contain departments that are tenure initiating units. In the latter case, the tenure initiating unit chair shall forward dossiers to the school director. The director shall forward the dossier, with their recommendation, to the dean of the college.

(4) A subdivision within a tenure initiating unit may contribute to the evaluation of faculty members as provided for in the tenure initiating unit's appointments, promotion, and tenure document, but this review may not substitute for a review by the tenure initiating unit eligible faculty and chair.

Last updated October 16, 2023 at 9:00 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-06 Tenure initiating unit.

(A) A tenure initiating unit is a division, department, school, or college approved by the council on academic affairs, the university senate, and the board of trustees. A tenure initiating unit has the following responsibilities for all faculty members assigned to it: to assist in professional development; to evaluate; to maintain official personnel records; and to initiate promotion, tenure, reappointment, and nonrenewal recommendations. The office of academic affairs shall be responsible for maintaining the official list of tenure initiating units.

(B) A single division, department, school, or college must serve as the tenure initiating unit for each tenure-track faculty member, including individuals with multiple appointments. Multiple appointments to the tenure-track faculty totaling fifty per cent or more of service to the university shall be considered to be the same as a single appointment of fifty per cent or more for the purpose of determining eligibility for tenure.

(C) A tenure-track faculty member may change from one tenure initiating unit to another voluntarily; or as a result of the restructuring of academic units, including consolidation, reorganization, or abolishment; or as a result of the abolishment of a tenure initiating unit during conditions of financial exigency. The following provisions govern such changes:

(1) A faculty member may voluntarily move from one tenure initiating unit to another upon approval of a simple majority of all tenured faculty members in the receiving tenure initiating unit and, following consultation with the appropriate dean(s), the executive vice president and provost. Administrative approval will be dependent on whether satisfactory fiscal arrangements for the change have been made.

(2) A faculty member's tenure initiating unit may be changed as a result of structural changes in academic units, including consolidation or reorganization of units, or abolishment of units, that are approved by the university senate and board of trustees.

(a) When academic units are to be consolidated or reorganized, resulting in the creation of one or more new tenure initiating units, the plan for relocating faculty to the new tenure initiating units shall be part of the approved restructuring proposal. Change in tenure initiating unit resulting from the consolidation or reorganization of academic units shall not require the consent of individual faculty members whose tenure initiating unit is changed. In addition, since a receiving unit does not exist when new units are being created, no vote of such a unit will be required in relocating faculty.

(b) When a tenure initiating unit is to be abolished and is not part of a plan to consolidate or reorganize two or more units into new tenure initiating units, every effort shall be made by the executive vice president and provost to transfer each tenure-track faculty member in that tenure initiating unit to another tenure initiating unit, in accordance with the provisions of paragraph (C) of this rule. Should such agreement be impossible, the person's tenure responsibility shall reside with the executive vice president and provost. The executive vice president and provost shall assign the faculty member appropriate duties. If the faculty member's previous assignment has been at a regional campus, the executive vice president and provost shall consult with the dean and director of the regional campus regarding an appropriate assignment.

(3) A tenure-track faculty member whose tenure initiating unit is abolished during conditions of financial exigency, as described in rule 3335-5-02.1 of the Administrative Code, may be reassigned to a new tenure initiating unit under the terms of paragraph (C)(1) of rule 3335-5-02.2 of the Administrative Code.

(D) When tenure-track faculty members change tenure initiating units under paragraphs (C)(2) and (C)(3) of this rule, the new tenure initiating units shall make reasonable efforts to assist faculty members in adjusting to the expectations of the new unit. Faculty members who believe that some other unit may be more appropriate than their new tenure initiating unit may also explore the possibility of further relocation under the terms of paragraph (C)(1) of this rule.

History

  • Effective: July 1, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02.1

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

(B) Mechanism of determination.

(1) In the event of an imminent financial crisis, as announced and defined by the president to the university senate, the president will solicit the recommendations of the fiscal committee, as provided for under rule 3335-5-48.11 of the Administrative Code, to ascertain whether a determination of financial exigency is warranted.

(2) The fiscal committee, acting in accordance with rule 3335-5-48.11 of the Administrative Code, shall have the responsibility to:

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

(b) Assess whether the crisis would reduce the quality of the academic programs of the university as a whole to an unacceptable degree and would render the university unable to meet its obligations to the public.

(c) Ascertain the extent to which consolidation or elimination of some administrative offices and services or reductions in operating and equipment budgets would alleviate the crisis.

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

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

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

(g) Monitor the financial condition of the university during a state of financial exigency.

(3) Upon receipt of the report of the fiscal committee, the university senate shall make its recommendations as to whether there should be a determination of financial exigency.

(4) Upon receipt of the recommendations of the fiscal committee and the university senate, the president will notify the university community and the university senate of the administration's analysis and proposed response to the financial situation, allowing an opportunity to respond to questions and to solicit advice and opinions.

(5) In the event that the recommendations of the university senate and the president differ substantially on recommending determination of financial exigency to the board of trustees, recommendations of both shall be forwarded to the board, which has final responsibility for the determination of financial exigency. No further establishment of financial exigency will be required for one year at which time the full procedures must be invoked again.

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

(1) Upon determination of a state of financial exigency and upon receipt from the executive vice president and provost of proposals, prepared in consultation with the college faculties, for curtailment of academic programs to alleviate financial exigency, the council on academic affairs shall review the proposals.

(2) For the purpose of this review, the council is to be an advisory committee to the president and is to report the results of its review both to the president and to the university senate.

(3) For this review, the council shall be chaired by a tenured faculty member of the council. If neither the chair nor the vice chair of the council is a tenured faculty member of the council, then a tenured faculty member of the council shall be elected to act as chair of the council for the review of these proposals and for the submission of results to the president and to the university senate.

(4) In the conduct of its review, the council is authorized to:

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

(b) Request or initiate changes in the proposals and seek concurrence of appropriate administrators. In the event of non-concurrence, the council will note any points of disagreement.

(5) All proposals are to be reviewed both individually and as a coordinated set.

(6) In the review, the council shall:

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

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

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

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

(e) Determine that the proposals consider the effect upon students whose faculty advisers are reassigned or terminated and students whose field of study would be eliminated;

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

(g) Determine that the proposals take into account the quality of relevant programs.

(7) The council shall conduct a hearing or hearings at which appropriate administrators, faculty members, and students are invited to testify.

(8) Within sixty days of the receipt of the proposals or such time as the president may designate, the council shall submit its report to the president and the university senate.

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

Last updated September 22, 2023 at 1:50 PM

History

  • Effective: July 25, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02.2

(A) Definitions and construction.

(1) Academic program or program means:

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

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

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

(d) A coherent set of courses, or program of study, which does not lead to an academic degree but which serves to educate or train students (e.g., a professional certification program or a remedial program).

(2) Curtailed means reduced or eliminated, while preserved means not eliminated.

(3) Tenured faculty member means a tenured member of the tenure-track faculty.

(4) Tenure initiating unit (TIU) means the specific academic unit responsible for making the initial recommendation on a tenure-track faculty member's tenure status as recorded on the university tenure audit list available at the office of academic affairs. For purposes of this definition, the university tenure audit list of March 12, 1982, shall be retained, except as subsequently modified in accord with paragraph (C) of rule 3335-5-14 of the Administrative Code.

(B) Involuntary termination of tenured faculty.

(1) Hiring of faculty during financial exigency. The university shall not appoint new faculty while terminating tenured faculty appointments because of financial exigency unless a serious distortion in academic programs would otherwise result.

(2) Preservation of tenure initiating unit. A tenured faculty member whose TIU is preserved shall not be involuntarily terminated because of the curtailment of academic programs to which the faculty member is assigned.

(3) Administrative restructuring of tenure initiating unit. A tenured faculty member whose TIU is restructured by an administrative reorganization (e.g., by consolidation or merger with other TIU's, or by dispersal into several TIU's) shall not be involuntarily terminated for that reason. The faculty member shall be transferred to the appropriate reorganized TIU in accordance with the provisions of paragraph (C)(4) of this rule.

(4) Reinstitution of tenure initiating unit. If an eliminated TIU is substantively reinstituted or established within a remaining TIU within three years, the university shall offer to reappoint all terminated tenured faculty members at their previous ranks.

(5) Elimination of tenure initiating unit. A tenured faculty member whose TIU is scheduled for elimination shall not be involuntarily terminated for that reason until the reassignment provision of paragraph (C) of this rule and the economic incentives of paragraph (D) of this rule have been offered to all eligible faculty members in the TIU.

(6) Notice of termination. A termination of appointment because of the elimination of a tenure initiating unit shall become effective no sooner than June thirty of the first full academic year following the academic year in which the appointment is terminated.

(7) Eligibility for termination compensation. A tenured faculty member who has been involuntarily terminated because of the elimination of their tenure initiating unit shall be entitled to accrued benefits and such compensation as authorized by the board of trustees.

(C) Reassignment of tenured faculty members.

(1) Change of tenure initiating unit. If a tenured faculty member's TIU is scheduled for elimination, then the university shall offer to transfer the faculty member to any suitable authorized position in the remaining TIU's provided that a simple majority of all tenured faculty in a TIU are willing to accept the faculty member. The evaluation of the professional qualifications of the faculty member shall be made by the faculty in the new TIU, based on considerations of the faculty member's potential contributions to the needs of the program according to the prevailing standards of the new TIU.

(2) Reassignment to new position. A tenured faculty member whose tenure initiating unit is scheduled for elimination shall not be reassigned to another position unless that reassignment includes a change of TIU and retention of tenure. This requirement shall not preclude the possibility of employing in a non-faculty position a faculty member who has lost tenure because of resignation or involuntary termination. A faculty member shall not be obligated to accept an offer of reassignment.

(3) Eligibility for economic incentives. A tenured faculty member who accepts an offer of reassignment according to the provisions of paragraphs (C)(1) and (C)(2) of this rule and who voluntarily resigns from the reassigned position within six months, shall be entitled to any of the economic provisions of paragraph (D) of this rule that were applicable at the time of reassignment.

(4) Rate of compensation. Reassignment of a tenured faculty member to a different tenure initiating unit shall not be at a reduced rate of compensation. If reassignment necessitates a change of compensation base (e.g., conversion between nine-month and eleven-month appointments), then the change shall be calculated according to standard university accounting procedures.

(5) Displacement of other employees. A tenured faculty member who is reassigned to a new tenure initiating unit shall not displace an incumbent in an existing position (e.g., a tenured faculty member in a program which is curtailed shall not be assigned to a position in another TIU held by an untenured faculty member, or to a position held by an administrative and professional employee).

(6) Retraining of faculty. Where reassignment of a tenured faculty member according to the provisions of paragraph (B)(1), (C)(1), or (C)(2) of this rule would be facilitated by or contingent upon a period of retraining, the faculty member shall be eligible for a reassignment training leave.

(D) Economic incentives and retraining programs.

(1) Early retirement program. The university shall invoke the provisions of the Ohio state university early retirement program to facilitate the voluntary reduction of tenured faculty members in a curtailed academic program.

(2) Reassignment training leave program. The university shall invoke the provisions of a reassignment training leave program to facilitate reassignment of tenured faculty members to other programs or tenure initiating units.

(3) Other programs. The university shall invoke any other feasible methods to reduce by voluntary means the number of tenured faculty members in a curtailed academic program. Such methods could include a voluntary resignation program (e.g., a "buy-out" plan), among other possibilities.

Last updated October 11, 2023 at 8:36 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-07 Campus assignment.

(A) Every member of the faculty shall be assigned to serve on one of the university's campuses: the central campus in Columbus, the regional campuses in Lima, Mansfield, Marion, and Newark, or the agricultural technical institute in Wooster.

(B) Decisions regarding the selection, assignment, responsibilities, salary, assessment, and promotion of a regional campus faculty member should involve full cooperation between the tenure initiating unit and the regional campus administration. All formal personnel recommendations must bear the signatures of the chair of the tenure initiating unit, the dean of the college of the tenure initiating unit, the dean and director of the regional campus, and the executive vice president and provost or designee.

(C) Campus reassignment may occur only with the voluntary consent of the faculty member, and with the approval of the executive vice president and provost and that of a simple majority of all tenured faculty members in the transferee's tenure initiating unit when the reassignment is from a regional campus to the Columbus campus or all tenured faculty members on the receiving regional campus when the transfer is to a regional campus. Administrative approval will be dependent on whether satisfactory fiscal arrangements for the change have been made.

Last updated October 16, 2023 at 9:01 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-09 Exceptions.

Any unit which believes that there is a reason for it to have policies and procedures differing from those set out in this chapter may request an exception. The request must be approved by the procedures established in the unit's pattern of administration and by the dean of the college, after broad and meaningful consultation with the unit's tenure-track faculty. The request will then be submitted to the executive vice president and provost and, if approved, to the university senate for approval.

History

  • Effective: July 1, 2004
  • Promulgated Under: 111.15

Chapter 3335-7 Proposals and Approval of Transfers From the Tenure Faculty Track

Ohio Adm.Code 3335-7-01 Definition.

Clinical/teaching/practice are faculty appointments of the same type that are fixed term contract appointments that do not entail tenure. These faculty are teacher/practitioners and shall be engaged primarily in teaching activities related to courses or instructional situations involving live patients or live clients; courses or instructional situations involving the simulation of live patients or live clients; courses or instructional situations involving professional skills; or teaching as defined in paragraph (A)(2) of rule 3335-6-02 of the Administrative Code.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-02

(A) The Ohio state university will be recognized worldwide for the quality and impact of its research, teaching, and service. For purposes of faculty performance reviews under university rules:

(1) Research is broadly defined to include discovery, scholarly and creative work, applied research, commercialization, and the scholarship of pedagogy.

(2) Teaching is broadly defined to include didactic classroom, non-classroom and distance instruction, extension and continuing education, advising, and supervising or mentoring students or postdoctoral scholars.

(3) Service is broadly defined to include providing administrative service to the university, professional service to the faculty member's discipline, and disciplinary expertise to public or private entities beyond the university.

Each tenure initiating unit is responsible for establishing criteria for appointment, reappointment, and promotion and tenure that are consistent with this mission and for ensuring that every faculty appointment, reappointment, and promotion and tenure recommendation is consistent with this mission.

Appointment decisions for tenure-track faculty positions, as defined in rule 3335-5-19 of the Administrative Code, must be based on criteria that reflect strong potential to attain tenure and advance through the faculty ranks. A minimum requirement for appointment at or promotion to the rank of assistant professor or a higher rank is an earned doctorate or other terminal degree in the relevant field of study or possession of equivalent experience. Appointments at the rank of instructor should normally only be made when the offered appointment is that of assistant professor but the appointee has not completed the required terminal degree at the onset of the appointment. Appointments of tenure-track faculty should occur only after a national search.

(B) No faculty member attains tenure automatically. Tenure may be acquired either in the original appointment to the tenure-track faculty rank of associate professor or professor or upon promotion from within the university to the rank of associate professor, or following a successful probationary period at the rank of associate professor or professor (as specified in rule 3335-6-03 of the Administrative Code). Tenure will not be awarded below the rank of associate professor.

(C) The awarding of tenure and promotion to the rank of associate professor must be based on convincing evidence that the faculty member has achieved excellence as a teacher, as a scholar, and as one who provides effective service; and can be expected to continue a program of high quality teaching, scholarship, and service relevant to the mission of the academic unit(s) to which the faculty member is assigned and to the university. Promotion to the rank of professor must be based on convincing evidence that the faculty member has a sustained record of excellence in teaching; has produced a significant body of scholarship that is recognized nationally or internationally; and has demonstrated leadership in service.

(D) In evaluating the candidate's qualifications in teaching, scholarship, and service, reasonable flexibility shall be exercised, balancing, where the case requires, heavier commitments and responsibilities in one area against lighter commitments and responsibilities in another. In addition, as the university enters new fields of endeavor, including interdisciplinary endeavors, and places new emphases on its continuing activities, instances will arise in which the proper work of faculty members may depart from established academic patterns. In such cases care must be taken to apply the criteria with sufficient flexibility. In all instances superior intellectual attainment, in accordance with the criteria set forth in university rules, is an essential qualification for promotion to tenured positions. Clearly, insistence upon this standard for continuing members of the faculty is necessary for maintenance and enhancement of the quality of the university as an institution dedicated to the discovery and transmission of knowledge.

(E) Each tenure initiating unit shall have an appointments, promotion, and tenure document. The document shall describe, in qualitative terms, the unit's criteria for appointments, promotion, and tenure and evidence to be provided to support a case within the context of the unit's mission and the standards set forth in this rule as well as the mission and standards of the college. The document should indicate with some specificity how the quality and effectiveness of teaching, the quality and significance of scholarship, and the quality and effectiveness of service are to be documented and assessed. The document of a tenure initiating unit with regional campus faculty must establish criteria for appointments, promotion, and tenure for these faculty within the context of the regional campuses' mission as well as that of the tenure initiating unit. The document shall also describe the unit's procedures for conducting annual performance reviews of probationary faculty and reviews for promotion and tenure.

The document must be drawn up or amended through broad faculty consultation with all voting members of the tenure initiating unit according to the principles articulated in paragraph (C)(3) of rule 3335-3-35 of the Administrative Code and must be approved by the dean of the college and the executive vice president and provost.

(F) Each college shall have an appointments, promotion, and tenure document. The document shall describe, in qualitative terms, the college's criteria for appointments, promotion, and tenure within the context of the college's mission and the standards set forth in this rule. The document shall also describe the college's procedures for conducting college level reviews for promotion and tenure.

The document must be drawn up through broad faculty consultation and must be approved by the executive vice president and provost.

Last updated October 16, 2023 at 9:00 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-02 Titles.

Titles will be:

(A) Clinical instructor, assistant clinical professor, associate clinical professor, or clinical professor.

(B) Teaching instructor, assistant teaching professor, associate teaching professor or teaching professor.

(C) Professional practice instructor, professional practice assistant professor, professional practice associate professor, or professional practice professor.

Last updated March 8, 2022 at 8:36 AM

History

  • Effective: March 8, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-03 Appointment cap.

Unless an exception is approved by the university senate and the board of trustees, clinical/teaching/practice faculty may comprise no more than forty per cent of the total tenure-track, clinical/teaching/practice and research faculty (as defined in rule 3335-5-19 of the Administrative Code) in each of the colleges of the health sciences and no more than twenty per cent of the tenure-track, clinical/teaching/practice, and research faculty in all other colleges. In all tenure-initiating units not in health sciences, the number of clinical/teaching/practice track faculty members must be fewer than the number of tenure-track faculty members in each unit.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-19

As used in university rules, the term "faculty" shall include persons appointed by the board of trustees with tenure-track, clinical/teaching/practice research, associated, and emeritus faculty titles on full or part-time appointments, with or without salary.

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

(B) "Clinical/teaching/practice faculty": Clinical/teaching/practice faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Clinical/teaching/practice faculty positions are not tenure track positions and are not eligible for tenure.

(C) "Research faculty": Research faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Research faculty positions are not tenure track positions and are not eligible for tenure.

(D) "Associated faculty": persons with clinical practice titles, adjunct titles, visiting titles, and lecturer titles; also professors, associate professors, assistant professors, and instructors who serve on appointments totaling less than fifty per cent service to the university. Persons with tenure-track, clinical/teaching/practice, or research faculty titles may not hold associated titles. Persons holding associated titles are not eligible for tenure and may not participate in the promotion and tenure reviews of tenure-track, clinical/teaching/practice, or research faculty. Associated faculty positions are not tenure track and are not eligible for tenure. Persons with associated titles are permitted to participate in college or academic unit governance where approved by a vote of at least a majority of all of its tenure track faculty and also clinical/teaching/practice and research faculty in those colleges and units where they have been given voting rights. Associated faculty appointments may be made for a maximum of three consecutive years and, with the exception of visiting titles, may be renewed.

(1) Clinical practice faculty: The titles of clinical professor of practice, clinical associate professor of practice, clinical assistant professor of practice, and clinical instructor of practice shall be used to confer faculty status on individuals who have credentials comparable to clinical faculty of equivalent rank and who either provide significant, uncompensated service for which a faculty title is needed or compensated service to the clinical instructional programs in the colleges of the health sciences. Clinical practice appointments are made for the period in which the service is provided. Renewal of no-salary appointments is contingent upon continued significant contributions. Procedures for the promotion of clinical practice faculty members shall be the same as for promotion of clinical faculty.

(2) Visiting faculty: The titles of visiting professor, visiting associate professor, and visiting assistant professor, shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice or research faculty of equivalent rank who spend a limited period of time on formal appointment and in residence at this institution for purposes of participating in the instructional and research programs of the university. A visiting appointment cannot exceed three continuous academic years of service.

(3) Adjunct faculty: The titles of adjunct professor, adjunct associate professor, and adjunct assistant professor, and adjunct instructor shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice, or research faculty of equivalent rank, who provide significant, service to the instructional and/or research programs of the university and who need a faculty title to perform that service. Significant service would include teaching the equivalent of one or more courses, advising graduate students or serving on graduate committees, and serving as a co-investigator on a research project. Such individuals may be either nonuniversity employees or university employees compensated on a noninstructional budget. Adjunct appointments are made for the period in which the service is provided. Renewal of adjunct appointments is contingent upon continued significant contributions. Procedures for the promotion of adjunct faculty members shall be the same as for promotion of tenure, clinical/teaching/practice, or research faculty.

(4) Lecturer: The titles of lecturer and senior lecturer shall be used for all compensated instructional appointments where other titles are not appropriate. Lecturers' responsibilities are limited to teaching as defined in paragraph (A)(2) of rule 3335-6-02 of the Administrative Code.

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

Last updated June 18, 2024 at 8:36 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-04 Proposals and approval process.

(A) Proposals to establish or amend a clinical/teaching/practice faculty in a college or school reporting directly to "Office of Academic Affairs" (OAA) must be submitted to the provost by the dean of the college or director of the school reporting directly to OAA. Proposals must include a clear rationale for establishing a clinical/teaching/practice faculty track and address how the terms and conditions of the appointments will be consistent with the rules set forth in Chapter 3335-7 of the Administrative Code, what titles will be given to clinical/teaching/practice faculty, and what department and college governance rights will be extended to clinical/teaching/practice faculty. Clinical/teaching/practice faculty may not participate in the promotion and tenure reviews of tenure or research faculty. In addition, proposals must include the following components:

(1) A definition of the role in teaching and scope of professional practice duties of clinical/teaching/practice faculty, identifying specifically how those differ from duties of tenure-track faculty;

(2) Identification of the requirements for a clinical/teaching/practice faculty appointment, including appropriate terminal degrees and any credential or licensure requirements; and

(3)

Proposals must comply with any additional guidelines promulgated by the council on academic affairs and will be reviewed according to criteria specified by the council on academic affairs.

(B) With the exception of changes to existing titles, proposals from a college or school reporting directly to OAA to establish or amend a clinical/teaching/practice faculty must be approved by a majority of the tenure-track faculty of the college or school reporting directly to OAA proposing to have a clinical/teaching/practice faculty, by the dean of the college or school reporting directly to OAA, by the executive vice president and provost, by the university senate, and by the board of trustees. The executive vice president and provost will transmit all proposals to the council on academic affairs, which will review proposals and make a recommendation to the university senate. Title changes must be consistent with rule 3335-7-02 of the Administrative Code, but need only be approved by a majority of the tenure track faculty and dean of the college of director of the school reporting directly to OAA proposing the amendment.

Last updated July 10, 2025 at 12:13 PM

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-05 Criteria for appointment, for reappointment and nonreappointment, and for promotion.

Clinical/teaching/practice faculty may be appointed by colleges that do not have schools or departments and by schools and departments in colleges that have such subunits. The criteria for appointment, for reappointment and non-reappointment, and for promotion for clinical/teaching/practice faculty shall be established by the college, school, or department making such appointments and shall be set forth in that unit's appointments, promotion, and tenure document. The criteria must be consistent with the rationale for having clinical/teaching/practice faculty in the unit in question and must be distinct from the criteria for tenure-track faculty appointments. However, normally clinical/teaching/practice faculty will have an earned doctorate or other terminal degree in the relevant field or equivalent experience. The criteria for appointment, for reappointment and non-reappointment, and for promotion should reflect the importance of the responsibilities of clinical/teaching/practice faculty.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-06 Procedures for appointment.

Procedures for appointment of clinical/teaching/practice faculty shall be established by the college, school, or department making such appointments and shall be set forth in that unit's appointments, promotion, and tenure document. Appointments at the rank of associate professor or professor require prior approval of the office of academic affairs.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-07 Term of appointment.

(A) The initial probationary contract for all clinical/teaching/practice faculty members must be for a period of five years. Second and subsequent contracts for clinical/teaching/practice assistant and associate professors must be for a period of at least three years and for no more than five years. Second and subsequent contracts for clinical/teaching/practice professors must be for a period of at least three years and no more than eight years.

(B) The initial contract is probationary, and a clinical/teaching/practice faculty member will be informed by the end of each probationary year as to whether they will be reappointed for the following year. By the end of the penultimate year of the probationary contract, the faculty member will be informed as to whether a new contract will be extended at the conclusion of the probationary contract period. In the event that a new contract is not extended, the final year of the probationary contract is the terminal year of employment. There is no presumption that a new contract will be extended. In addition, the terms of a contract may be renegotiated at the time of reappointment.

(C) During and until the end of the second and subsequent contract periods, clinical/teaching/practice faculty appointments may only be terminated for cause (see rule 3335-5-04 of the Administrative Code) or financial exigency (see rule 3335-5-02.1 of the Administrative Code) and the termination decision for either of these reasons shall result from procedures established by faculty rules. In addition, a contract may be renegotiated during a contract period only with the voluntary consent of the clinical/teaching/practice faculty member. By the end of the penultimate year of each contract period, the clinical/teaching/practice faculty member will be informed as to whether a new contract will be extended at the conclusion of the current contract period. If a new contract is not extended, the final year of the current contract is a terminal year of employment. There is no presumption that a new contract will be extended. In addition, the terms of a contract may be renegotiated at the time of reappointment.

(D) The standards of notice set forth in rule 3335-6-08 of the Administrative Code apply to clinical/teaching/practice faculty appointments.

Last updated July 6, 2021 at 11:52 AM

History

  • Effective: July 6, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-04

(A) This rule shall apply to all formal complaints of failure to meet academic responsibilities, post-tenure review, and misconduct against faculty members as defined in paragraphs (A) and (B) of rule 3335-5-19 of the Administration Code. Complaints may be filed under this rule against any individual with a faculty appointment, including administrators who hold such appointments.

Complaints about the performance of administrators in their administrative capacity must be brought pursuant to applicable rules or policies for those administrative positions; all complaints against administrators who hold faculty appointments relating to the violation of applicable law, university policies or rules, or unit governance documents (other than those related to the performance of the administrator's duties) must be brought under this rule.

(B) Complaints shall proceed under the general procedures set forth in this rule and the specific procedures set forth in the following four subsections based on the nature of the allegations.

(1) Complaints involving allegations of failure to meet academic responsibilities, complaints arising from the investigatory process set forth in the campus free speech policy, and complaints arising from the DEI, intellectual diversity, and controversial beliefs under the advance Ohio higher education act policy shall proceed under rule 3335-5-04.1 of the Administration Code. A faculty member may be disciplined under this rule, and may be terminated if the conduct constitutes serious failure to meet academic responsibilities for violations established under paragraph (A) of rule 3335-5-04.1 of the Administration Code or a violation of the campus free speech policy or the DEI, intellectual diversity, and controversial beliefs under the advance Ohio higher education act policy.

(2) Complaints involving allegations of research misconduct shall proceed under rule 3335-5-04.2 of the Administration Code. A faculty member may be disciplined up to and including termination for violations established under this rule.

(3) Complaints involving allegations of sexual misconduct, workplace violence, whistleblower retaliation, discrimination, harassment, and retaliation based on protected status shall proceed under rule 3335-5-04.3 of the Administration Code. A faculty member may be disciplined up to and including termination for violations established under this rule.

(4) Complaints involving allegations of violations of applicable law, university policies or rules, or unit governance documents shall proceed under rule 3335-5-04.4 of the Administration Code, unless they fall under rules 3335-5-04.1, 3335-5-04.2 or 3335-5-04.3 of the Administration Code. A faculty member may be disciplined under this rule, and may be terminated if the conduct constitutes grave misconduct or non-trivial financial fraud for violations established under paragraphs (A)(1) and (A)(2) of rule 3335-5-04.4 of the Administration Code.

(5) Complaints arising out of the post-tenure review process set forth in section 3345.453 of the Revised Code and the faculty annual review, post-tenure review, and reappointment policy shall proceed under rule 3335-5-04.5 of the Administrative Code. A faculty member may be disciplined up to and including termination for violations established under this rule.

(C) Conflicts:

(1) No administrator may act in their administrative capacity in the consideration of any complaint naming them as respondent. If a complaint names a department chair, school director, or a dean as respondent, the executive vice president and provost (hereinafter "provost") shall appoint an equivalent rank administrator from another department or college to perform the responsibilities of the named official under this rule. If a complaint names the provost as respondent, the president shall appoint an individual to perform the responsibilities of the provost. If a complaint names the president as respondent, the board of trustees shall appoint an individual to perform the responsibilities of the president.

(2) If any individual with responsibilities under this rule has a conflict of interest with a complainant or respondent, such that the individual stands to benefit personally or incur personal harm depending on the outcome, or otherwise has a relationship with the faculty member against whom the complaint is made (hereafter "respondent") that creates a bias, or otherwise could not fairly and impartially perform those responsibilities, the individual shall not participate in this process, and a replacement shall be named in accordance with paragraph (C)(1) of this rule. In the event that a member of an investigation or sanctioning committee has such a conflict, that individual shall be replaced in accordance with the applicable procedures for that committee.

(D) If the provost determines that a faculty member's presence on campus is detrimental to the safety and well-being of the university community or university property, the provost may reassign the faculty member off campus with pay pending completion of the process set forth in this rule.

(E) At each step of the process, individuals with responsibilities under this rule may use informal dispute resolution to resolve the complaint to their satisfaction as well as that of the complainant and the respondent in accordance with applicable policy. The appropriateness of an informal resolution in any case will depend on the circumstances of each particular case. All such resolutions must be reported to the office of academic affairs for review and approval before being finalized. In addition, reports must be made to the office of research (for proceedings under faculty rule 3335-5-04.2 of the Administration Code), or the office of institutional equity or office of human resources (for proceedings under faculty rule 3335-5-04.3 of the Administration Code) as may be applicable.

(F) Complainants and respondents may expressly or implicitly relinquish their rights to participate in any step of this process, including but not limited to by failing to respond to reasonable attempts to schedule required meetings, or by failing to appear for scheduled sessions. If a complainant or respondent relinquishes their rights of participation at any step, that relinquishment does not prevent that individual from exercising any rights that may be applicable at any other step of the process. To the extent not specified in this rule, complainants and respondents shall be entitled to all rights required by state and federal law that are applicable to these proceedings.

(G) All records of proceedings under this rule shall be maintained by the office of academic affairs. Such records shall be afforded the same privacy and confidentiality afforded to comparable records of other university employees, subject to public records laws and other disclosures within and external to the university in accordance with applicable law and the need to know such information to support university operations.

(H) The term "day" as used in this rule means "calendar day." If the last day of a designated time period falls on a weekend or a day on which the university is closed, the time period shall expire at the close of business on the next succeeding business day.

(I) Complainants and respondents shall be given written notice of decisions required by this rule. Any notice shall be sent by certified mail and by email. The time period for any action to be taken after delivery of the notice shall begin to run on the date on which the notice is mailed.

(J) At each step of the process set forth in this rule, complainants and respondents may be accompanied by one support person of their choosing (including but not limited to personal legal counsel). Except as otherwise provided in rules 3335-5-04.1 to 3335-5-04.4 of the Administration Code, though, such individual shall only be entitled to appear with the respondent and shall not be entitled to participate in or delay the process in any way.

(K) The timelines set forth in this rule and in rules 3335-5-04.1 to 3335-5-04.4 of the Administration Code are mandatory. However, the provost or designee may grant defined extensions of any time period on an as-needed basis upon written request. The timelines set forth in rule 3334-5-05 of the Administrative Code are mandatory, and the president shall hold sole authority to grant a single, two-month extension to complete the review process.

(L) Should a faculty member facing a complaint under this rule resign or retire from their university employment while a complaint is pending, the provost may elect in their discretion to pause the proceedings under this rule once that resignation or retirement becomes effective. If such proceedings are paused, they will resume immediately should the faculty member return to university employment at any point. However, the provost may not pause complaints of research misconduct brought under rule 3335-5-04.2 of the Administrative Code or of sexual misconduct, workplace violence, whistleblower retaliation, discrimination, harassment, and retaliation based on protected status brought under rule 3335-5-04.3 of the Administrative Code unless an investigation has been completed and a violation has been found under those processes and the only remaining issue is what sanction to impose for such violations.

Last updated September 4, 2025 at 7:24 AM

History

  • Effective: September 4, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-02.1

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

(B) Mechanism of determination.

(1) In the event of an imminent financial crisis, as announced and defined by the president to the university senate, the president will solicit the recommendations of the fiscal committee, as provided for under rule 3335-5-48.11 of the Administrative Code, to ascertain whether a determination of financial exigency is warranted.

(2) The fiscal committee, acting in accordance with rule 3335-5-48.11 of the Administrative Code, shall have the responsibility to:

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

(b) Assess whether the crisis would reduce the quality of the academic programs of the university as a whole to an unacceptable degree and would render the university unable to meet its obligations to the public.

(c) Ascertain the extent to which consolidation or elimination of some administrative offices and services or reductions in operating and equipment budgets would alleviate the crisis.

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

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

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

(g) Monitor the financial condition of the university during a state of financial exigency.

(3) Upon receipt of the report of the fiscal committee, the university senate shall make its recommendations as to whether there should be a determination of financial exigency.

(4) Upon receipt of the recommendations of the fiscal committee and the university senate, the president will notify the university community and the university senate of the administration's analysis and proposed response to the financial situation, allowing an opportunity to respond to questions and to solicit advice and opinions.

(5) In the event that the recommendations of the university senate and the president differ substantially on recommending determination of financial exigency to the board of trustees, recommendations of both shall be forwarded to the board, which has final responsibility for the determination of financial exigency. No further establishment of financial exigency will be required for one year at which time the full procedures must be invoked again.

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

(1) Upon determination of a state of financial exigency and upon receipt from the executive vice president and provost of proposals, prepared in consultation with the college faculties, for curtailment of academic programs to alleviate financial exigency, the council on academic affairs shall review the proposals.

(2) For the purpose of this review, the council is to be an advisory committee to the president and is to report the results of its review both to the president and to the university senate.

(3) For this review, the council shall be chaired by a tenured faculty member of the council. If neither the chair nor the vice chair of the council is a tenured faculty member of the council, then a tenured faculty member of the council shall be elected to act as chair of the council for the review of these proposals and for the submission of results to the president and to the university senate.

(4) In the conduct of its review, the council is authorized to:

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

(b) Request or initiate changes in the proposals and seek concurrence of appropriate administrators. In the event of non-concurrence, the council will note any points of disagreement.

(5) All proposals are to be reviewed both individually and as a coordinated set.

(6) In the review, the council shall:

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

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

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

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

(e) Determine that the proposals consider the effect upon students whose faculty advisers are reassigned or terminated and students whose field of study would be eliminated;

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

(g) Determine that the proposals take into account the quality of relevant programs.

(7) The council shall conduct a hearing or hearings at which appropriate administrators, faculty members, and students are invited to testify.

(8) Within sixty days of the receipt of the proposals or such time as the president may designate, the council shall submit its report to the president and the university senate.

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

Last updated September 22, 2023 at 1:50 PM

History

  • Effective: July 25, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-08

(A) In cases of nonrenewal of an appointment to a regular tenure-track faculty rank, the university will, insofar as possible, observe the following standards of notice:

(1) Not later than March first of the first academic year of probationary service, if the appointment expires at the end of that year; or if a one-year appointment expires during an academic year, at least three months in advance of its expiration;

(2) Not later than December fifteenth of the second academic year of probationary service, if the appointment expires at the end of that year; or if an appointment expires during the second academic year, at least six months in advance of its expiration; and

(3) At least twelve months before the expiration of an appointment after two or more years in the institution.

(B) These standards of notice need not apply in cases of termination for cause.

(C) In the event of a decision resulting in nonrenewal, the chair shall notify the faculty member in writing of that decision and the reasons for it.

(D) Decisions regarding renewal of members of the associated faculty (adjunct, clinical practice, visiting titles, or lecturers) are made annually in accordance with criteria and procedures of the appointing instructional unit and in accordance with university policies relative to associated faculty positions.

History

  • Effective: July 1, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-08 Annual review, reappointment/non-reappointment, and promotion review procedures.

The procedures for reviewing clinical/teaching/practice faculty annually and for reappointment/non-reappointment and promotion shall be set forth in the relevant college, school or department appointments, promotion, and tenure. Procedures for promotion shall be consistent with review procedures established for tenure-track faculty, including those set forth in rules 3335-6-03 and 3335-6-04 of the Administrative Code with the following exceptions:

(A) The college dean's decision shall be final with respect to reappointment and non-reappointment. Decisions with respect to promotion shall be forwarded to the executive vice president and provost, who shall review the decision consistent with the review procedures established for tenure-track faculty including those set forth in rule 3335-6-04 of the Administrative Code. Any decision of the executive vice president and provost shall be final; and

(B) External evaluations are optional.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-03

(A) Probationary periods are established for tenure-track faculty members. During a probationary period a faculty member does not have tenure and is considered for reappointment annually.

(B) Length of probationary period.

(1) An appointment as professor or associate professor will generally entail tenure. However, a probationary period not to exceed four years may be granted by the office of academic affairs upon petition of the tenure initiating unit and college. For the petition to be approved, a compelling rationale must be provided regarding why appointment at a senior rank is appropriate but tenure is not. All appointments to the rank of associate professor or professor require prior approval of the executive vice president and provost.

An appointment to the rank of instructor is always probationary and may not exceed three years. An instructor must be approved for promotion to assistant professor by the beginning of the third year of appointment or the appointment will not be renewed beyond the end of the third year. When an instructor is promoted to the rank of assistant professor, prior service credit may be granted for time spent as an instructor if the faculty member requests such credit in writing at the time of the promotion. This request must be approved by the tenure-initiating unit's eligible faculty, the tenure-initiating unit head, the dean of the college, and the office of academic affairs.

An appointment to the rank of assistant professor is always probationary and may not exceed six years, including prior service credit. An assistant professor is reviewed for promotion and tenure no later than the sixth year of appointment as an assistant professor and informed by the end of the sixth year as to whether promotion and tenure will be granted at the beginning of the seventh year.

(2) Promotion and tenure may be granted at any time during the probationary period when the faculty member's record of achievement merits tenure and promotion. Similarly, a probationary appointment may be terminated at any time subject to the notice provisions of rule 3335-6-08 of the Administrative Code and the provisions of paragraphs (G) and (H) of this rule.

(3) Probationary tenure-track faculty members will be informed no later than the end of the year in which their mandatory review for tenure takes place as to whether tenure will be granted by the beginning of the following year. If tenure is not granted, a one year terminal year of employment is offered.

(C) Annual review of probationary tenure-track faculty members.

(1) At the time of appointment, probationary tenure-track faculty members shall be provided with all pertinent documents detailing tenure initiating unit, college, and university promotion and tenure policies and criteria. If these documents are revised during the probationary period, probationary tenure-track faculty members shall be provided with copies of the revised documents.

(2) During a probationary period a tenure-track faculty member shall be reviewed annually in accordance with this rule and with policies of the tenure initiating unit, college and university. The annual review should encompass the faculty member's performance in teaching, in scholarship, and in service; as well as evidence of continuing development. The involvement of tenure initiating unit faculty in annual reviews is strongly encouraged. External evaluations of the faculty member's work, required for tenure and promotion reviews, may be obtained for any annual review if judged appropriate by the faculty review body or tenure initiating unit chair. The tenure initiating unit chair shall inform probationary faculty members at the time of initial appointment, and in a timely fashion each year thereafter, when the annual review will take place and provide a copy of the office of academic affairs dossier outline to be completed by the faculty member in reporting accomplishments to date. At the completion of the review the tenure initiating unit chair shall provide the faculty member and the dean of the college with a written assessment of the faculty member's performance and professional development. The assessment should include both strengths and weaknesses, as appropriate. If the chair's recommendation is to reappoint the faculty member to another probationary year of service, that recommendation shall be final. A recommendation from the chair to not reappoint the faculty member to another probationary year requires a review that follows fourth year review procedures (see paragraph (G) of this rule) and the dean shall make the final decision in the matter. All annual review letters to date shall become a part of a faculty member's dossier for subsequent annual reviews during the probationary period, including the review for promotion and tenure.

(3) When probationary tenure-track faculty receive their annual review, the tenure initiating unit chair shall inform them of their right to review their primary personnel file maintained by their tenure initiating unit and to place in that file a response to any evaluation, comment or other material contained in the file (see paragraph (C)(8) of rule 3335-3-35 of the Administrative Code).

(4) The fourth year review of probationary tenure-track faculty shall follow the same process as the review for tenure and promotion at the tenure initiating unit and college levels with two exceptions: Solicitation of external letters of evaluation may or may not be required by the tenure initiating unit and review by the college promotion and tenure committee shall be optional in all cases where both the tenure initiating unit and the dean approve the renewal of the appointment. Renewal of the appointment of a probationary assistant professor for the fifth year requires the approval of the dean of the college. Before reaching a negative decision or a decision contrary to the tenure initiating unit's recommendation, the dean must consult with the college promotion and tenure committee.

(D) Exclusion of time from probationary periods.

(1) There are three circumstances under which probationary tenure-track faculty may obtain an exclusion of time from probationary periods, also known as extending the tenure clock. These exclusions recognize factors that impact the ability to meet the criteria for tenure within the probationary period outlined in paragraph (B) of this rule. A request to exclude time from the probationary period for any of the reasons listed in paragraphs (D)(1)(a) to (D)(1)(c) of this rule must be made prior to April first of the year in which the mandatory review for tenure is scheduled.

(a) A probationary tenure-track faculty member will have one year excluded from the probationary period for the birth or the adoption of a child. The maximum time that can be excluded per birth or adoption is one year. This exclusion is guaranteed provided the faculty member informs the TIU head in writing within one year of the birth or adoption unless the exclusion is prohibited in paragraph (D)(3) of this rule. It is the responsibility of the TIU head to inform the college dean and office of academic affairs of the birth or adoption. The probationary faculty member may decline the one-year exclusion by informing the TIU head in writing before April first of the original mandatory review year.

(b) A probationary tenure-track faculty member may apply to exclude time from the probationary period in increments of one year because of personal illness, care of a seriously ill or injured person, an unpaid leave of absence, or factors beyond the faculty member's control that hinder the performance of the duties associated with being a successful faculty member, i.e., teaching, scholarship, and service. For faculty members requesting an exclusion due to personal illness or care of a seriously ill or injured person, requests shall be made in writing to human resources which will work with the TIU head to determine the necessary documentation. Requests to exclude time from the probationary period due to unpaid leave or factors beyond the faculty member's control must be submitted in writing to the TIU head within one year of the unpaid leave or the extenuating factors. Such requests shall be reviewed by the TIU promotion and tenure committee which will advise the TIU head on the appropriateness of the request. In units that do not have a promotion and tenure committee, the eligible faculty shall review the request. All requests require approval by the TIU head dean, and executive vice president and provost. The extent to which the event leading to the request was beyond the faculty member's control and the extent to which it interfered with the faculty member's ability to be productive will be considered in granting or denying the request.

(c) Probationary tenure-track faculty members on less than full-time service for part or all of their probationary period may request an exclusion of time. Such requests require approval of the TIU head, dean, and executive vice president and provost. The exclusion shall be for an integer number of years based on the principle that the usual probationary period represents full-time service. The maximum exclusion of a probationary period for less than full-time service is one year for a probationary instructor, three years for a probationary assistant professor and two years for a probationary associate professor or professor.

(2) A request to exclude time from the probationary period for any reason will not be granted after a nonrenewal notice has been issued nor will previously approved requests to exclude time from the probationary period in any way limit the university's right not to renew a probationary appointment

(3) Except in extraordinary circumstances, a maximum of three years can be excluded from the probationary period for tenure track faculty for any reason or combination of reasons covered in the provisions in paragraphs (D)(1)(a) and (D)(1)(b) of this rule. For probationary faculty who are on appointments of less than full time, the maximum is four years for an instructor, six years for an assistant professor, and five years for an associate professor or professor for any reason or combination of reasons covered in the provisions in paragraphs (D)(1)(a), (D)(1)(b), and (D)(1)(c) of this rule. Exceptions require the approval of the tenure initiating unit chair, dean, and executive vice president and provost.

(4) Tenure-track faculty members will be reviewed annually during their probationary periods regardless of whether time is excluded from that period for any of the above reasons unless their absence from campus during an excluded period makes conduct of such a review impractical.

(5) For purposes of performance reviews of probationary faculty, the length of the probationary period is the actual number of years of employment at this university less any years of service excluded from the probationary period under the terms of this rule. Expectations for productivity during the probationary period cannot be increased as a consequence of exclusions of time granted under the terms of this rule. Probationary faculty who are on part-time appointments should be reviewed in the context of their reduced duties.

(6) The exclusion of time granted under for reasons specified in this rule in no way limits the award of promotion and tenure prior to the mandatory review year.

(E) Service credit of up to three years may be granted for prior work experience at the time of the initial appointment and requires the approval of the tenure initiating unit chair, dean, and executive vice president and provost. Prior service credit shortens a probationary period by the amount of the credit and once granted cannot be revoked except through an approved request to exclude time from the probationary period.

(F) Probationary appointments may be terminated during any probationary year because of inadequate performance or inadequate professional development. At any time other than the fourth year review or mandatory review for tenure, a nonrenewal decision must be based on the results of a formal performance review conducted in accord with fourth year review procedures as set forth in paragraph (C)(3) of this rule. Notification of nonrenewal must be consistent with the standards of notice set forth in rule 3335-6-08 of the Administrative Code.

(G) Probationary appointments may be terminated for fiscal or programmatic reasons. When nonrenewal is based on fiscal or programmatic reasons, the faculty member should be advised that such nonrenewal is a possibility and formal notice of nonrenewal should be provided as soon as possible after the need for nonrenewal is established. Nonrenewal of a probationary appointment for fiscal or programmatic reasons does not entail a performance review and requires the prior approval of the executive vice president and provost. Because hiring decisions should be based on informed assumptions regarding the future availability of resources and of programmatic needs, approval of such nonrenewals will be based on the extent to which convincing evidence is provided that the fiscal or programmatic reasons for the nonrenewal could not be anticipated when the appointment was made and are expected to be long lasting.

(H) Decisions affecting the nonrenewal of a probationary appointment may not be arbitrary or capricious or carried out in violation of a faculty member's right to academic freedom. Faculty rule 3335-5-05 of the Administrative Code provides a procedural mechanism under which an aggrieved probationary faculty member can challenge a nonrenewal decision believed to have been improper. In that instance, however, the burden of proof is on the probationary faculty member to establish that the nonrenewal decision was improper (see rule 3335-6-05 of the Administrative Code).

Last updated October 16, 2023 at 9:00 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-04

(A) General considerations.

(1) In consultation with the rules committee or its designee, the office of academic affairs shall develop and promulgate procedural guidelines for promotion and tenure reviews to supplement Chapter 3335-6 of the Administrative Code. These guidelines shall include a dossier outline to be used for the documentation of accomplishments by all candidates to be reviewed for promotion and tenure and by all probationary tenure-track faculty for annual reviews. The guidelines shall also include general information about the review process at the college and university level, information about any legal considerations affecting promotion and tenure evaluations, examples of criteria by which candidates for promotion and tenure are evaluated, and other information intended to assist academic units in carrying out reviews.

(2) All candidates for promotion and tenure are reviewed by the eligible faculty and by the chair of their tenure initiating unit. Candidates will also be reviewed at the college and university levels. The tenure initiating unit chair is responsible for informing the candidate in writing of the provost's final decision (if negative) or recommendation to the board of trustees (if positive).

(3) The review for tenure during the final year of a probationary period is mandatory and must take place.

A probationary faculty member may ask to be considered for nonmandatory promotion and tenure review any time. However, the tenure initiating unit promotion and tenure committee may deny a probationary nonmandatory review every year up to the candidate's mandatory year. If a probationary nonmandatory review is allowed and the outcome is negative, the candidate continues at the rank they held at the start of the review. If a probationary mandatory review outcome is negative, the candidate's employment ends. Exclusions of time from a probationary period are allowed under paragraph (D) of rule 3335-6-03 of the Administrative Code and the expectations for productivity must be independent of the duration of the probationary period. A tenured faculty member may request a promotion review at any time. However, the tenure initiating unit promotion and tenure committee may deny this request if the tenured faculty member's accomplishments are judged not to warrant such review. The promotion and tenure committee may deny a tenured faculty member's request for promotion review only once. If the review is allowed and the outcome is negative, the tenured faculty member continues at the rank they held at the start of the review. This faculty member may continue at that rank indefinitely or request subsequent reviews that may not be denied.

(4) Only the candidate may stop any review for promotion and tenure once external letters of evaluation have been sought. The candidate may withdraw from review at any stage of the process by so informing the tenure initiating unit chair in writing. If the review process has moved beyond the tenure initiating unit, the tenure initiating unit chair shall inform the dean or the executive vice president and provost, as relevant, of the candidate's withdrawal. Withdrawal from the mandatory tenure review during the final probationary year means that tenure will not be granted.

(B) Review procedures at the tenure initiating unit level.

(1) Each tenure initiating unit shall establish a mechanism such as a promotion and tenure committee, for presenting the case of a candidate for promotion and tenure to the eligible faculty for consideration and for preparing a report for the tenure initiating unit chair providing the eligible faculty's assessment of quality and effectiveness of teaching, quality and significance of scholarship, and quality and effectiveness of service. With the exception noted in this paragraph, eligible faculty are tenured faculty of higher rank than the candidate excluding the tenure initiating unit chair, the dean and assistant and associate deans of the college, the executive vice president and provost, and the president. For tenure reviews of probationary professors, eligible faculty are tenured professors excluding the tenure initiating unit chair, the dean and assistant and associate deans of the college, the executive vice president and provost, and the president.

(2) The candidate shall have primary responsibility for preparing, according to office of academic affairs guidelines, a dossier documenting their accomplishments

(3) The tenure initiating unit chair or chair of the promotion and tenure committee shall be responsible for gathering internal evidence of the quality and effectiveness of teaching, quality and significance of scholarship, and quality and effectiveness of service from students and peers, as appropriate, within the tenure initiating unit. The tenure initiating unit chair or chair of the promotion and tenure committee shall also be responsible for obtaining letters from external evaluators and from other units at this university in which the candidate has appointment or substantial professional involvement, whether compensated or not. Some of the external evaluators should be suggested by the candidate and some by the department chair or promotion and tenure committee; no more than one-half of the letters contained in the final dossier should be from persons suggested by the candidate. All solicited letters that are received must be included in the dossier. Unsolicited letters of evaluation or letters of evaluation solicited by anyone other than the above authorized persons may not be included in the dossier.

(4) The eligible faculty shall review the candidate's dossier describing accomplishments in teaching, scholarship, and service and shall vote on the candidate. A report of the faculty assessment, including both strengths and weaknesses, and the numerical vote of the faculty shall be forwarded to the tenure initiating unit chair for inclusion in the dossier.

(5) The chair shall prepare a separate written assessment of the case and recommendation for the dean for inclusion in the dossier. As soon as the faculty report and chair's letter have been completed, the candidate should be notified in writing of the completion of the tenure initiating unit review and of the availability of these reports. The candidate may request a copy of these reports. The candidate may provide the tenure initiating unit chair with written comments on the tenure initiating unit review for inclusion in the dossier within ten calendar days of notification of the completion of the review. The promotion and tenure committee and/or chair may provide written responses to the candidate's comments for inclusion in the dossier. Only one iteration of comments on the departmental level review is permitted.

(6) The tenure initiating unit chair shall forward the dossier with all internal and external evaluations, candidate comments on the tenure initiating unit review and promotion and tenure committee and/or chair responses to those comments, if any, to the dean of the college.

(C) Review procedures at the college and university level.

(1) The purposes of promotion and tenure reviews beyond the tenure initiating unit shall be:

(a) To determine whether the tenure initiating unit has conducted its review and reached a recommendation consistent with university, college, and tenure initiating unit standards, criteria, policies, and rules. A faculty review body or administrator at the college or university level may make a recommendation that is contrary to that of the tenure initiating unit if, in its judgment, the tenure initiating unit recommendation is not consistent with those standards, criteria, policies, and rules.

(b) To determine where the weight of the evidence lies in cases in which there is not a clear or consistent recommendation from lower levels of review.

(2) The dean of a college shall have a standing faculty promotion and tenure committee which is advisory to the dean. Members shall not participate in the review of cases from their own departments. The college promotion and tenure committee shall prepare a written report of its assessment and vote for inclusion in the dossier. The dean shall prepare a separate written assessment of the case and recommendation for the provost for inclusion in the dossier. As soon as the college promotion and tenure committee report and dean's letter have been completed, the candidate should be notified in writing of the completion of the college level review and of the availability of these reports. The candidate may request a copy of these reports. The candidate may provide the dean with written comments on the college review for inclusion in the dossier within ten calendar days of notification of the completion of the review. The college promotion and tenure committee and/or dean may provide written responses to the candidate's comments for inclusion in the dossier. Only one iteration of comments on the college level review is permitted. The dean shall forward the dossier, along with all evaluations and reports, to the provost.

(3) The executive vice president and provost shall have a standing faculty promotion and tenure committee which is advisory to the provost. Members shall not participate in the review of cases from their own departments. Normally, the provost shall refer cases to this committee for advice only when there is concern regarding the appropriateness of lower level recommendations, when there are unclear or inconsistent recommendations from previous levels of review, or when all previous recommendations are negative. The university promotion and tenure committee shall prepare a written report of its assessment and vote for inclusion in the dossier.

(D) Modification of review processes for alternative administrative structures.

(1) Regional campus faculty shall be reviewed by the faculty and dean and director on the appropriate campus using procedures established on each campus. This review shall focus primarily on the faculty member's contributions in teaching and service. The dean and director shall forward the report of the regional campus faculty and their recommendation to the chair of the faculty member's tenure initiating unit and inform the candidate of their recommendation. The review shall proceed as described in paragraphs (A) to (C) of this rule with the understanding that the relative weight of teaching and service is ordinarily greater on regional campuses.

(2) If the college is the unit responsible for initiating tenure and promotion recommendations, it should follow the annual review and promotion and tenure procedures described for tenure initiating units. The dean shall forward the annual review letter or promotion and tenure dossier to the executive vice president and provost.

(3) Schools follow the procedures established for tenure initiating unit reviews unless they contain departments that are tenure initiating units. In the latter case, the tenure initiating unit chair shall forward dossiers to the school director. The director shall forward the dossier, with their recommendation, to the dean of the college.

(4) A subdivision within a tenure initiating unit may contribute to the evaluation of faculty members as provided for in the tenure initiating unit's appointments, promotion, and tenure document, but this review may not substitute for a review by the tenure initiating unit eligible faculty and chair.

Last updated October 16, 2023 at 9:00 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-09 Transfers from the tenure track faculty to the clinical faculty.

A college, school, or department may provide for the possibility of transfers from the tenure faculty track to the clinical/teaching/practice faculty if appropriate to its circumstances. A unit that permits transfers must abide by the following:

(A) The request for transfer must be initiated by the faculty member in writing and must state clearly how the individual's career goals and activities have changed;

(B) When a tenured faculty member transfers to the regular clinical/teaching/practice faculty, tenure is lost; and

(C) All transfers must be approved by the school director or department chair, the college dean, and the executive vice president and provost.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-10 Transfers from the clinical faculty to the faculty-track.

Transfers from the clinical/teaching/practice faculty to the tenure-track faculty are not permitted. Clinical/teaching/practice faculty may apply for tenure-track positions and compete in regular national searches for such positions.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-11 Participation in governance by clinical/teaching/practice faculty.

(A) A college or academic unit determines the level of participation in college and departmental structures.

(B) A college or academic unit may, by vote of at least a majority of all of its tenure-track faculty, determine that the clinical/teaching/practice members of its faculty are eligible for election to the university senate.

(C) Following approval by a college or academic unit of eligibility of its clinical/teaching/practice faculty for election to the senate under the foregoing paragraph:

(1) For purposes of selection of university senators, the electorate for the college or academic unit shall be composed of all tenure-track and clinical/teaching/practice faculty.

(2) Any clinical/teaching/practice faculty member appointed by the college or academic unit may stand for election to serve as a representative in the senate.

(3) The minimum and maximum numbers of clinical/teaching/practice faculty from each college or academic unit that may serve as representatives in the senate shall be determined by majority vote of tenure-track and clinical/teaching/practice faculty appointed by that college or academic unit within the limits provided for in paragraph (C)(4) of this rule.

(4) One senator or not more than forty-five per cent of the senators representing that college or academic unit, whichever is greater, may be clinical/teaching/practice faculty of the college or academic unit.

(D) Clinical/teaching/practice faculty will not be eligible to vote on the promotion or tenure of tenure-track faculty or the promotion of research faculty.

Last updated October 16, 2023 at 9:02 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-30 Definition.

Research faculty appointments are fixed term contract appointments that do not entail tenure. Research faculty are researchers and shall be engaged in research related to the mission and goals of the academic unit.

Last updated October 16, 2023 at 9:02 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-31 Titles.

Titles will be research assistant professor, research associate professor, or research professor.

Last updated March 8, 2022 at 8:36 AM

History

  • Effective: March 8, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-32 Criteria for appointment, for reappointment and non-reappointment, and for promotion.

With tenure-track faculty majority approval, research faculty may be appointed by colleges that do not have schools or departments and by schools and departments in colleges that have such subunits. Unless otherwise authorized by a majority vote of the tenure-track faculty in a unit, research faculty must comprise no more than twenty per cent of the number of tenure-track faculty in the unit. In all cases, however, the number of research faculty positions in a unit must constitute a minority with respect to the number of tenure-track faculty in the unit.

The criteria for appointment, reappointment and non-reappointment, and for promotion for research faculty shall be established by the college, school or department making such appointments and shall be set forth in that unit's appointments, promotion and tenure document and approved by a majority vote of the tenure-track faculty of the unit and approved by the office of academic affairs. The criteria must be distinct from the criteria for tenure-track faculty appointments and cannot require classroom teaching. Research faculty will have an earned doctorate or other terminal degree in the relevant field. The criteria for appointment, for reappointment and non-reappointment, and for promotion should reflect the preponderance of responsibilities being in research activities.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-33 Procedures for appointment.

Procedures for appointment of research faculty shall be established by the college, school or department making such appointments and set forth in that unit's appointments, promotion, and tenure document and approved by a vote of tenure-track faculty of the unit and the office of academic affairs. Appointments at the rank of research associate professor or research professor require prior approval of the relevant college and the office of academic affairs.

History

  • Effective: July 9, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-34 Duties and responsibilities.

The primary duty of research faculty is to conduct research. A research faculty member may, but is not required to, participate in limited educational activities in the area of their expertise. However, teaching opportunities for each research faculty member must be approved by a majority vote of the TIU's tenure-track faculty. Under no circumstances may a member of the research faculty be continuously engaged over an extended period in the same instructional activities as tenure-track faculty. An appointment to a research faculty position should not be made to displace or make unnecessary an appointment to a tenure-track faculty position.

Last updated October 16, 2023 at 9:02 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-35 Term of appointment.

(A) Contracts will be for a period of at least one year and for no more than five years.

(B) Contracts must explicitly state the expectations for salary support. The faculty member will be expected to cover no more than ninety-five per cent of their salary. It is expected that salary recovery/support will be derived from extramural funds.

(C) The initial contract is probationary, and a research faculty member will be informed by the end of each probationary year as to whether they will be reappointed for the following year. By the end of the penultimate year of the probationary contract, the research faculty member will be informed as to whether a new contract will be extended at the conclusion of the probationary contract period. In the event that a new contract is not extended, the final year of the probationary contract is the terminal year of employment. There is no presumption that a new contract will be extended. In addition, the terms of a contract may be renegotiated at the time of reappointment.

(D) During and until the end of the second and subsequent contract periods, research faculty appointments may be terminated for not meeting the terms of the contract (e.g. failure to obtain extramural support for the research). Appointments may also be terminated during a contract period for cause (see rule 3335-5-04 of the Administrative Code), or financial exigency (see rule 3335-5-02.1 of the Administrative Code), and the termination decision for either of these reasons shall result from procedures established by faculty rules. In addition, a contract may be renegotiated during a contract period only with the voluntary consent of the research faculty member. By the end of the penultimate year of each contract period, the research faculty member will be informed as to whether a new contract will be extended at the conclusion of the current contract period. If a new contract is not extended, the final year of the current contract is a terminal year of employment. There is no presumption that a new contract will be extended. In addition, the terms of a contract may be renegotiated at the time of reappointment.

(E) The standards of notice set forth in rule 3335-6-08 of the Administrative Code apply to research faculty appointments.

Last updated June 16, 2025 at 10:42 AM

History

  • Effective: June 16, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-36 Annual review, reappointment/non-reappointment, and promotion review procedures.

The procedures for reviewing research faculty annually and for reappointment/non-reappointment and promotion shall be set forth in the relevant, tenure-track faculty approved, college, school or department appointments, promotion and tenure document and shall be consistent with review procedures established for tenure-track faculty including those set forth in rules 3335-6-03 and 3335-6-04 of the Administrative Code except that the college dean's decision shall be final with respect to reappointment and non-reappointment. Decisions with respect to promotion shall be forwarded to the executive vice president and provost, who shall review the decision consistent with the review procedures established for tenure-track faculty including those set forth in rule 3335-6-04 of the Administrative Code. Any decision of the executive vice president and provost shall be final.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-37 Governance rights.

Governance rights within a tenure-initiating unit (TIU) at the local level will be determined by the TIU and will require a vote of its voting faculty.

Research faculty will also be eligible to advise and supervise graduate and postdoctoral students and to be a principal investigator on extramural research grant applications. Approval to advise and supervise graduate students must be obtained from the graduate school as set forth in rule 3335-5-29 of the Administrative Code and detailed in the graduate school handbook.

Research faculty will not be eligible to vote on the promotion or tenure of tenure-track faculty or the promotion of clinical/teaching/practice faculty.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-29

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

History

  • Effective: November 9, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-38 Transfers from the tenure-track faculty to research faculty.

A college, school or department may provide for the possibility of transfer from the tenuretrack faculty to the research faculty if appropriate to its circumstances and if provided for in the unit's appointments, promotion and tenure document. A unit that permits transfers must abide by the following:

(A) The request for transfer must be initiated by the tenure-track faculty member in writing and must state clearly how the individual's career goals and activities have changed.

(B) When a tenured faculty member transfers to the research faculty, tenure is relinquished.

(C) The school director or department chairperson, the college dean, and the executive vice president and provost must approve all transfers.

History

  • Effective: July 12, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-39 Transfers from the research faculty to the tenure-track.

Transfers from the research faculty to the tenure-track faculty are not permitted. However, research faculty may apply for tenure-track positions and compete in regular national searches for such positions.

History

  • Effective: July 12, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-40 Oversight.

The office of academic affairs will submit an annual report to the university senate detailing the number, funding source, and TIU of research faculty appointments that have been made the previous year. Also included in the report will be the conditions of the appointments including fiscal arrangements. In unusual circumstances, salaries of research faculty may be paid on a temporary basis from funds other than those generated from tuition and subsidy.

History

  • Effective: July 9, 2013
  • Promulgated Under: 111.15

Chapter 3335-8 Adoption and Procedure of Courses and Curricula

Ohio Adm.Code 3335-8-01 Courses and curricula; definition.

(A) A course is the unit of instruction or research through which the educational program of the university is offered to its students.

(B) A curriculum is a program of courses leading to a certificate, a degree, or to entry into a professional college, school or a professional division of a college or a school.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-02 Courses and curricula; establishment, alteration or abolition.

(A) All proposals for the establishment, alteration and abolition of courses and curricula must be submitted to the council on academic affairs. Such proposals shall follow the procedure outlined in rule 3335-5-48.1 of the Administrative Code and shall be subject to review by the president and the board of trustees.

(B) If any change in courses or curricula requires an addition to the teaching staff, it shall not be authorized until approved in writing by the executive vice president and provost.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.1

(A) Membership.

The council on academic affairs shall consist of eighteen members.

(1) Ten faculty.

(a) Six faculty, at least two of whom are members of the senate, selected by the faculty council.

(b) Four faculty appointed by the president.

(2) Five students. The term of service is two years.

(a) Two graduate students.

(b) One professional student.

(c) Two undergraduate students.

(3) One academic advisor, appointed by the dean of undergraduate education. The term of service is two years.

(4) Two administrators. executive vice president and provost, or designee.

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

(b) A college-level curricular dean, appointed by the executive vice president and provost. The term of service is two years.

(B) Duties and responsibilities.

(1) Make recommendations to the senate concerning the educational and academic policies of the university (see rule 3335-5-41 of the Administrative Code). This responsibility shall include, but shall not necessarily be limited to, the power to make recommendations concerning the establishment, alteration and abolition of all curricula and courses offered by the university or any division thereof; of all degrees and certificates conferred under authority of the university or any division thereof; and of all colleges, departments, and schools. It may conduct such investigations and appoint such committees as are reasonably necessary to carry out its responsibilities under this chapter. Committees appointed by this council may be discharged by it at any time.

(2) Initiate recommendations to the senate and review all proposed changes in the educational and academic policies of the university. In reviewing proposed changes, the council shall:

(a) Receive from the various colleges and schools, pursuant to the exercise of their powers under rule 3335-5-14 of the Administrative Code, proposals for the establishment, alteration or abolition of courses and curricula, of departments, schools, and divisions within a college, and of academic degrees (see rules 3335- 3-37, 3335-8-02, and 3335-8-03 of the Administrative Code);

(b) Receive from the graduate school, pursuant to the exercise of powers conferred upon the graduate council by rule 3335-5-35 of the Administrative Code, its proposals for the adoption, alteration or abolition of graduate-credit courses and curricula, and of academic degrees administered by it (see rules 3335-8-02 and 3335-8-03 of the Administrative Code).

Upon proposals respecting courses and curricula, the council shall act with finality subject to the rights of the graduate school or of any college to bring the council's decision before the senate for review. With respect to other submissions to it, the council shall make its recommendations to the senate after notice thereof, in at least abbreviated form, has been given in the official bulletin. Failure of the council on academic affairs to act or to submit its recommendations will not deprive the senate of power to review these other submissions.

(3) Foster, as needed for interdisciplinary programs involving two or more academic areas, the establishment of faculty coordinating units reporting to the council. These units shall perform coordinative functions similar to those of the faculty of the college of arts and sciences (see rule 3335-5-27 of the Administrative Code) and shall serve the interdisciplinary interest of academic programs both within and among the several colleges of the university.

(4) Appoint "ad hoc" arbitration committees to help solve problems created by any major reorganization of the academic structure of the university. The role of such committees shall be:

(a) To encourage discussion between and within groups of faculty members of departments or schools when it is apparent that relocation in a different organizational environment is a source of concern to some of these groups;

(b) To hear viewpoints and where necessary to take the lead in the arbitration of problems of individuals or groups who feel their professional development may be adversely affected by the revised organization.

If agreement cannot be reached by consultation or arbitration, an arbitration committee may make a recommendation to the senate through the council on academic affairs on what should be done to solve the problem at issue from the standpoint of what is best for the university.

(5) Review the academic organization of the university at five-year intervals to make certain it is kept as closely attuned as possible to changing needs. Any suggestions for modifications and improvements shall be reported to the senate.

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

(7) Review the administration's proposals following the determination of a state of financial exigency as provided under rule 3335-5-02.1 of the Administrative Code.

(C) Organization.

(1) The chair of the council shall be elected for a one-year term by the council from the membership of the council. The vice chair of the council shall be elected for a one-year term by the council from the membership of the council. The chair (or in that person's absence, the vice chair) shall preside at all meetings of the council.

(2) Reports by the council on academic affairs to the president, other than those made through the senate, shall be made by the chair through the executive vice president and provost.

(3) As a standing committee of the senate, this council is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 16, 2023 at 8:48 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-03 Procedure.

Proposals for establishing new courses or curricula for alterations in existing courses or curricula shall originate in the departments or schools and, in the case of departments, shall be subject to acceptance, revision, or rejection by the college or school of which those departments are a part. Proposals of departments, if approved by the college, and those of schools shall be submitted to the council on academic affairs. The council on academic affairs shall refer all courses involving graduate credit to the curriculum committee of the graduate school, which shall subsequently notify the council on academic affairs of the action taken in respect to acceptance of such proposed courses for credit toward graduate degrees. The council on academic affairs shall then take final action on the proposals in accordance with rule 3335-8-02 of the Administrative Code, keeping in mind the entire program of the department, the school, the college, and the university.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-04 Adoption of approved courses.

In determining credit for the degrees for which they are individually responsible, the several colleges, schools, and the graduate school shall have full authority to accept or to reject courses approved pursuant to rule 3335-8-03 of the Administrative Code. In the event that a college, school, or the graduate school determines to accept a course so approved, that course shall carry those conditions and credits which have been prescribed by the council on academic affairs.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-05 University classification and course numbering system.

(A) Courses numbered 1000-1099 are undergraduate non-credit courses for orientation, remedial, or other non college-level experiences. These courses are in addition to a program's graduation requirements.

(B) Courses numbered 1100-1999 are introductory level courses providing undergraduate credit, but shall not be counted on a major or field of specialization in any department. Courses at this level are beginning courses, required or elective courses that may be prerequisite to other courses.

(C) Courses numbered 2000-2999 are intermediate level courses providing undergraduate credit and may be counted for a major or field of specialization.

(D) Courses numbered 3000-3999 are upper-level courses providing undergraduate credit that may be counted toward a major or field of specialization.

(E) Courses numbered 4000-4999 are advanced level undergraduate courses providing undergraduate credit that may be counted on a major or field of specialization. Graduate students may enroll in and receive graduate credit for 4000-level courses outside their own graduate program.

(F) Courses numbered 5000-5999 are dual-level courses regularly offered for both graduate credit and undergraduate credit providing advanced level courses for undergraduate credit that may be counted toward a major or field of specialization or are foundational coursework and research for graduate and professional credit.

(G) Courses numbered 6000-6999 are foundational level graduate and professional courses and research providing graduate or professional crediCourses numbered 7000-7999 are intermediate level graduate and professional degree courses and research providing graduate or professional credit.

(H) Courses numbered 7000-7999 are intermediate level graduate and professional degree courses and research providing graduate or professional credit.

(I) Courses numbered 8000-8999 are advanced level graduate and professional degree courses and research providing graduate or professional credit.

(J) Courses for which graduate credit is anticipated must be taught by a member of the faculty approved by the graduate committee of the unit offering the course. Seven thousand and above level courses must be taught by members of the graduate faculty.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-07 General education.

All undergraduate students must complete a program of general education coursework enabling them to acquire and develop a breadth of knowledge, skills, and perspectives that cross disciplinary boundaries and extend to areas outside of majors, minors and other specialized study programs. The specific structure and requirements for general education shall be defined by the faculty in accordance with faculty rule 3335-5-27 of the Administrative Code.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-27

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

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

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

History

  • Effective: July 9, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-10 Academic publications.

All official bulletins of the university shall be published from the copy furnished by the council on academic affairs; but mere editorial changes, as defined by the council on academic affairs, may be made in such copy by the appropriate designated individual in the office of academic affairs after receiving the approval of the department or school concerned.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-11 Precedence of scheduled hours.

Regularly scheduled class appointments shall have precedence over any special examinations or exercises not provided for on the calendar or by faculty action.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-12 Interval between classes.

The interval between the close of one class period and the beginning of the next shall be fifteen minutes.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-13 Class rosters.

Instructors shall make their class rosters solely from the rosters issued by the office of the university registrar, except that each department or school is authorized to change the hour assignment of a student for courses offered in more than one section. The department or school shall notify the office of the university registrar of all such changes.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-14 Approval of student schedules.

The deans or secretaries of the several colleges and schools, or designees, shall approve the schedules of classes of students in their colleges and schools but the assignment to hours and all changes in such assignment shall be made by the office of the university registrar.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-15 Changes of schedules.

(A) No instructor shall change the hour or place of meeting of any class to which a student has been assigned except with the approval of the office of the university registrar

(B) Instructors who deviate from regular university schedules by holding special sessions or examinations must have received approval from their department chair, regional campus dean and director or college dean to hold such special sessions or examinations. Such instructors shall accommodate students who may have conflicts because of required attendance in regularly scheduled classes. This rule does not apply to policies for the scheduling of final examinations which are provided in rule 3335-8-20 of the Administrative Code.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-20

(A) Examinations administered during the final exam period for classes taught on the regional campuses and for classes whose enrollment is exclusively of students registered in the colleges of dentistry, law, medicine, optometry, pharmacy, and veterinary medicine will be scheduled by the offices of the regional campuses and of the colleges respectively. All examination schedules prepared outside the office of the university registrar shall, before publication, be cleared with the office of the university registrar which shall have the power to resolve all conflicts.

(B) All other examinations administered during the final exam period shall be centrally scheduled by the office of the university registrar. The official examination schedules shall be strictly adhered to by all instructors. Any deviation must first be approved by the appropriate university official (department chair, regional campus dean and director, or college dean) in consultation with the office of the university registrar, which shall have the power to resolve all conflicts. Final grades for graduating students must be submitted electronically to the office of the university registrar by the deadlines established by that office.

(C) In performing its scheduling function the office of the university registrar shall limit individual examinations to two-hour duration and the total examination period to no more than five days.

History

  • Effective: June 25, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-16 Cancellation of courses.

(A) The chair of a department or director of an instructional unit, in consultation with the dean of the college and with timely notification, may cancel any course that has not enrolled sufficient numbers of students to warrant its offering. That number of students should usually be less than fifteen, but courses enrolling fewer than fifteen may be offered if sufficient resources and programmatic justifications exist. When such a course is cancelled, the dean or director shall notify the office of the university registrar who shall promptly inform all enrolled students and insert notice of its cancellation in the master schedule.

(B) The university registrar will monitor the frequency of course offerings, identify those that have not been offered for three consecutive years, and inform the dean of the appropriate college. The dean and the chair or director of the relevant instructional unit will decide whether to remove that course from the course bulletin prior to the next academic year.

History

  • Effective: December 3, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-19 Student assessment.

(A) Each course as defined in rule 3335-8-01 of the Administrative Code will have a syllabus to be provided to each student at the start of the term explaining how the student's performance will be assessed.

(B) By the close of each course as defined in rule 3335-8-01 of the Administrative Code, the student's performance relative to the stated course objectives will be assessed, the method of assessment to be determined by the instructor or supervisor of the course.

(C) Written in-class examinations given at the end of the term that are comprehensive in nature should be given only during the final exam period and administered pursuant to rule 3335-8-20 of the Administrative Code. Written in-class examinations allowed during the last week of classes shall not exceed the scale, scope, duration and percent of grade of other examinations given in that class during the term, nor exceed thirty per cent of the final course grade unless approved by the unit head. All examinations, papers and projects set for the last week of classes in a semester must be clearly assigned and scheduled in the instructor's syllabus. In a course where a final examination is the only written examination given during the term, that examination may not be given during the last week of classes, and must be scheduled during the final examination period and administered pursuant to rule 3335-8-20 of the Administrative Code.

History

  • Effective: June 25, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-21 Marks.

The official marks of the university are as follows: "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+," "D," "E," "EM," "EN," "NEN," "I," "K," "P," "PA," "PE," "NP," "R," "S," "U," "W." These marks shall have the following meaning:

(A) "A," "A-"

The instructor judged the student to have satisfied the stated objectives of the course in an excellent manner. The student's performance was judged to be in this range of high quality based upon a comparison with other students in the course, and/or with students who have taken the course previously, and/or the instructor's personal expectations relative to the stated objectives of the course, based on the instructor's experience and expertise.

(B) "B+," "B," "B-"

The instructor judged the student to have satisfied the stated objectives of the course in an above-average manner. The student's performance was judged to be in this range of above-average quality based upon a comparison with other students in the course, and/or with students who have taken the course previously, and/or the instructor's personal expectations relative to the stated objectives of the course, based on the instructor's experience and expertise.

(C) "C+," "C," "C-"

The instructor judged the student to have satisfied the stated objectives of the course in an average manner. The student's performance was judged to be in this range of average quality based upon a comparison with other students in the course, and/or students who have taken the course previously, and/or the instructor's personal expectations relative to the stated objectives of the course, based on the instructor's experience and expertise.

(D) "D+," "D"

The instructor judged the student to have satisfied the stated objectives of the course in a low but acceptable manner. The student's performance was judged to be in this range of below average but acceptable quality based upon a comparison with other students in the course, and/or with students who have taken the course previously, and/or the instructor's personal expectations relative to the stated objectives of the course, based on the instructor's experience and expertise.

(E) "E"

The instructor judged the student not to have satisfied the stated objectives of the course. Credit for a course in which the mark "E" has been received can be obtained only by repeating and passing the course in class (see rules 3335-8-23 to 3335-8-28 of the Administrative Code).

(F) "EM" - examination

(1) This mark indicates credit given to students registered in the university on the basis of examinations taken prior to or after admission to the university. The level of achievement which must be demonstrated by the student on these examinations in order to receive "EM" credit (except advanced placement credits) shall be determined by the department or school in which the course is offered for credit, in accord with the criteria for the award of letter grades. This credit shall be assigned only upon the authorization of the chair of the department or the director of the school and with the approval of the authorized representative of the dean or director of the student's enrollment unit.

(2) Examination credit shall not be given to a student for a course in which the student has received a mark at this university or for which the student has transfer credit from some other college or university. No credit points are allowed for courses in which a mark of "EM" is given.

(G) "I" - incomplete, "IX" - extension of incomplete

(1) An "I" indicates that the student has completed a major portion of the work in the course in a satisfactory manner, but for reasons judged by the instructor to be legitimate, a portion of the course requirements remains to be completed.

(2) The mark "I" shall be reported to the office of the university registrar together with the mark which the university registrar is authorized to enter on the student's official record unless a different mark is reported to the office of the university registrar in the manner and within the time described in this rule.

(3) The student must complete the work so that the instructor of the course may report the final mark at the earliest possible time, but not later than noon of the sixth Saturday of the semester, or session, following that in which the "I" was received. For legitimate reason the instructor may establish a deadline for the completion of the work which is within the maximum time permitted. Upon petition of the student within this period, the instructor or, if the instructor is unavailable, the chair of the department involved, may for good reason allow a student additional time in which to complete the work. An extension beyond the date grades are due for the semester, or session following that in which the "I" was received requires concurrence of the instructional unit's dean, director, or college secretary. Any decision extending the period shall set forth the time in which the student shall complete the work and a copy of the decision shall be forwarded to the office of the university registrar. This approved extension will appear on the record as an "IX" mark.

(4) As soon as the incomplete work has been made up, the instructor, or in the case of the instructor's absence from the university, the department chair or the director of the school, shall file the proper mark in the office of the university registrar. Until such time as a final mark is recorded the credit for the mark "I" or "IX" shall be counted as hours only, and shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code.

(5) In no case shall a student who has received the mark "I" or "IX" be permitted to repeat the course in which such mark was received until such time as the "I" or "IX" has been removed and then only in such cases as fall within rule 3335-8-28 of the Administrative Code.

(H) "K" - credit

This mark shall be used for work credited from other institutions by the director of undergraduate admissions only. "K" credit shall be counted as hours only and shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code.

(I) "EN" E, non-attendance

This mark shall be used to indicate that the student was properly registered for the course, but failed to complete the course because of non-attendance. It does not differentiate between the student who never attended or stopped attending at some point during the academic term.

When assigning this mark, an instructor must also provide some indication (e.g. day or week of the academic term) of when the student stopped attending the course.

This mark shall be treated as an "E" for the purpose of calculating a student's point-hour ratio.

(J) "P" - progress

This mark is used to indicate that the student has shown satisfactory progress in a series or sequence of courses where the mark is not recorded until the final semester, or session of the series or sequence is completed. Until such time as a final mark is recorded, the mark of "P" shall be given and the credit shall be counted as hours only, and shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code. When a final mark is submitted by the instructor, all previous "P" marks shall assume and be recorded with the value of this final mark.

(K) "PA" - pass, "NP"

  • non-pass

(1) The grade pass "PA" means the student has satisfied the stated objectives of the course, and the grade non-pass "NP" is the equivalent of the grade "E."

(2) These marks may be used at the option of undergraduate or continuing education students only, subject to the following conditions:

(a) This grading pattern may be chosen for a maximum of twenty credit hours, provided the student has an accumulated point-hour ratio of 2.0 or higher.

(b) An undergraduate student may elect this option for courses that are not required or designated as required electives in the curriculum leading to the degree for which the student is a candidate.

(c) Hours graded pass "PA" count toward the minimal number of hours required for a degree. Pass or non-pass marks ("PA," "NP") are not computed in the point-hour average of the student.

(d) Before close of business of the fourth Friday of a semester or summer term; the second Friday of a seven-week session during a semester or a six- or eight-week session during summer term; or the first Friday of a four-week summer session, a student must have declared intention to take a course on this basis by filing the appropriate form with the dean or director of the student's enrollment unit. A student may not change to or from this option after this same deadline.

(L) "PE" - emergency pass

(1) In the event that exceptional circumstances is declared all courses for that semester normally graded A-E shall be recorded as follows:

(a) Undergraduates graded D+ or D shall be recorded by the registrar as "PE."

(b) Graduate students graded C+, C, C-, D+, or D shall be recorded as "PE."

(c) A grade of E shall be recorded as "NP", and the "EN" mark shall be recorded as "NEN".

(2) "Exceptional circumstances" is defined as widespread circumstances outside the control of students and instructors that may adversely affect academic performance.

(3) Exceptional circumstances are declared by the senate, or by the provost following a recommendation from the council on enrollment and student progress and confirmation by the senate steering committee.

(4) Hours graded "PE" count toward the minimal number of hours required for a degree but are not computed in the point-hour average of the student.

(5) The "PE" grade shall revert to the letter grade reported by the instructor upon student petition to the registrar. Petitions shall be made before the end of the second succeeding semester or summer term, but prior to graduation. Such a reversion is irrevocable.

(6) Policies requiring certain grades for progression in a sequence, admission to a program, or academic standing would be unaffected by this system. Accommodations to allow use of "PE" grades these cases remain at the discretion of the individual program or college.

(7) In any semester in which exceptional circumstances have been declared by senate or provost, the deadline for a student to withdraw from a course without petition as defined in paragraph (E) of rule 3335-8-32 of the Administrative Code shall be extended by three weeks in fifteen-week semesters and a proportional amount in shorter sessions.

(8) Grade forgiveness used for a course taken during a semester in which exceptional circumstances have been declared by senate or provost will not counting toward the three-course limit defined in paragraph (C) of rule 3335-8-27.1 of the Administrative Code.

(M) "R" - registered to audit

(1) This mark indicates that the student has registered to audit the course and has met the conditions established for audit enrollment in the course. No credit hours shall be awarded for this mark (see rules 3335-8-29 and 3335-8-33 of the Administrative Code).

(2) Before close of business of the fourth Friday of a semester or summer term; the second Friday of a seven-week session during a semester or a six- or eight-week session during summer term; or the first Friday of a four-week summer session, a student must have declared intention to take a course for audit or to change from a credit to an audit basis by filing the appropriate form with the dean or director of the student's enrollment unit. A student may not change to or from the audit option this same deadline.

(N) "S" - satisfactory, "U" - unsatisfactory

(1) The mark "S" may be used to record either satisfactory progress in or completion of work, provided that the course has been approved for this mark by the dean of the college offering the course, and in the case of courses carrying graduate credit, by the dean of the graduate school. It shall be used as an alternative to "U" or "I" in all individual studies courses whatever their number. "S" credit shall be counted as hours only, and shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code.

(2) The mark "U" shall be used for unsatisfactory work in courses in which a student would be entitled to the mark of "S" if the student's work had been satisfactory. No credit shall be given for work marked "U." This mark shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code.

(O) "W" - withdrew

(1) This mark is used for students withdrawing from one or more courses or from the university.

(2) See rule 3335-8-32 of the Administrative Code for procedures and provisions governing withdrawals.

Last updated April 8, 2021 at 1:56 PM

History

  • Effective: April 2, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-23

(A) A mark filed in the office of the university registrar is a part of the official records of the university. It is subject to change only when a procedural error has been discovered in evaluation or recording of a grade. Action to change a grade must be initiated before the end of the second succeeding semester or summer term. In no case will a grade be revised in accordance with criteria other than those applied to all students in the class. If the instructor agrees that an error in the mark was made, the mark will be changed upon written authorization of:

(1) The instructor of the course, and

(2) The instructional unit's dean, director, or college secretary.

If a student believes that a procedural error in grading was made, the student should meet with the instructor. If the instructor does not agree that a procedural error was made, the student may meet with the department chair to discuss the grade grievance. The chair shall respond to the student no later than thirty days after the student has requested a review by the chair. Upon receipt of the chair's response, if the issue is not resolved to the satisfaction of the student, the student may within two weeks request in writing by duplicate submission to the dean or director of the instruction unit and the department chair the procedures in paragraph (B) of this rule. Unresolved cases of grade grievance due to grading procedures are subject to paragraph (B) of this rule; unresolved cases of grade grievance due to other causes are not subject to paragraph (B) of this rule.

(B) Unresolved cases of grade grievance due to grading procedures shall be reviewed by a faculty departmental committee appointed by the department chair.

(1) In cases of instructors still affiliated with the university, the review committee shall consult both the student and the instructor and shall determine the validity of the grade grievance due to grading procedures. The review committee shall make its findings known in writing to both the student and the instructor within thirty days of the student's request to the chair.

If the committee finds that a procedural error has occurred and if the instructor declines to accept the findings of the review committee, the committee shall consider the reasons for not authorizing a grade change given by the instructor and may, upon consideration of these reasons, authorize in writing a grade change to be instituted by the department chair.

(2) In cases of instructors no longer affiliated with the university, the findings of the committee shall be reported to both the student and the instructor. If the instructor chooses not to respond, the judgment of the committee shall prevail. If the instructor responds and declines to accept the findings of the committee that a procedural error has occurred, the committee shall consider the reasons for not authorizing a change given by the instructor. In either case, the committee may, upon due consideration, authorize in writing a grade change (if such can be determined) to be instituted by the department chair.

If a department committee can find no academic basis upon which to recommend an appropriate grade for the course, the student shall be given the option of having the course stricken from the student's record and, if so desired, to retake that course without prejudice or penalty.

(C) If charges of grave academic misconduct against an instructor are made and substantiated under rule 3335-5-04 of the Administrative Code, the department chair shall be authorized to appoint a department grade grievance committee to consider grading errors that are alleged to be related to the misconduct. The committee shall consider all evidence and present, in writing, a report to the chair indicating any recommended grade changes. The department chair shall be authorized to institute grade changes in accordance with the recommendations of the committee.

If a department committee can find no academic basis upon which to recommend an appropriate grade for the course, the student shall be given the option of having the course stricken from the student's record and, if so desired, to retake that course without prejudice or penalty.

(D) The graduate school and graduate professional colleges may formulate appropriate modifications of this rule, subject to the approval of the council on academic affairs, and publish this rule in their bulletin or graduate handbook.

Last updated October 16, 2023 at 9:03 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-28

(A) Except as specified by rule 3335-8-27 of the Administrative Code, undergraduate students who have received a mark of "E," "EN," or "NP" in a course at this university may repeat the course for credit at their option.

(B) Undergraduate or professional students, as defined in rule 3335-9-01 of the Administrative Code, who have received a mark of "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+," "D," "EM," "K," or "PA" in a course at this university may repeat the course for credit only upon the recommendation of the authorized representative of the dean or director of their enrollment unit.

(C) A graduate student, as defined in rule 3335-9-01 of the Administrative Code, may repeat for credit any course when approval is given by the student's adviser.

(D) A student who has audited a course may subsequently repeat the course for credit only upon receiving permission of the authorized representative of the dean or director of the student's enrollment unit.

(E) The credit hours for a repeated course shall in no case be counted more than once in meeting graduation requirements. When a student repeats a course, both grades appear on the student's record and both are used in computing the point-hour ratio, except as modified by rule 3335-8-27.1 of the Administrative Code.

History

  • Effective: August 1, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-26

(A) The point-hour ratio of a student shall be computed by dividing the sum of the applicable number of credit hours (as defined in paragraph (B) of this rule) in which the marks "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+," "D," "E," or "EN" have been given into the sum of the credit points (see rule 3335-8-25 of the Administrative Code) assigned for such hours.

(B) When determining the point-hour ratio of a student:

(1) For a semester, summer term or session, the "applicable number of credit hours" shall be the student's scheduled credit hours in that semester, summer term, or session.

(2) For the student's work in the university, the "applicable number of credit hours" shall be the total number of credit hours undertaken in the university except as modified by paragraph (A)(2) or (B) of rule 3335-8-27.1 of the Administrative Code.

(3) For the student's work in the graduate school, the "applicable number of credit hours" shall be the total number of graduate credit hours undertaken while enrolled in the graduate school. For the student's work in a professional college or school or professional division of a college, the "applicable number of credit hours" shall be the total number of credit hours undertaken while enrolled in the professional college or school or professional division of a college.

(4) For the student's work in the major field of interest, the "applicable number of credit hours" shall be the total number of credit hours undertaken in courses approved for the major program.

(C) No college of medicine point-hour average shall be computed for a student enrolled in the college of medicine in a curriculum leading to the degree, doctor of medicine, when that student has received only the marks of "H," "S," or "U" in the college of medicine.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-32

(A) Withdrawal from the university during a semester, summer term, or session, constitutes withdrawal from all courses in which a student is enrolled during that semester, summer term, or session. Upon official notification of the student's withdrawal from the university, the university registrar is authorized to enter the dated notation "withdrew" on the student's official permanent record.

(B) To withdraw from any or all courses, a student must file the appropriate form with the authorized representative of the dean or director of the student's enrollment unit.

(C) Until close of business of the fourth Friday of a semester or summer term; the second Friday of a seven-week session during a semester, or a six- or eight-week session during summer term; or the first Friday of a four-week summer session, a student may withdraw from any or all courses which began in the same semester, summer term, or session and no record for the course(s) will be entered on the student's official permanent record.

(D) After close of business of the fourth Friday of a semester or summer term; the second Friday of a seven-week session during a semester, or a six- or eight-week session during summer term; or the first Friday of a four-week summer session, if a student withdraws from any or all courses which began in the same semester, summer term, or session, the university registrar is authorized to enter the mark "W" on the student's official permanent record for the courses withdrawn.

(E) Until close of business on the following days, student may submit a form in their enrollment unit to drop a course or withdraw from the university:

(1) The tenth Friday, for courses taken during a full-term autumn, spring, or summer semester

(2) The sixth Friday, for courses taken during an eight-week summer session

(3) The fifth Friday, for courses taken during a seven-week session in an autumn or spring semester

(4) The fourth Friday, for courses taken during a six-week summer session

(5) The third Friday, for courses taken during a four-week summer session

After those dates, a student, who because of circumstances beyond their control finds it necessary to withdraw from any or all courses, must file the appropriate petition with the authorized representative of the dean or director of the enrollment unit. Reasons not acceptable include (but are not limited to) the student's performance in the course(s), lack of preparation for the course(s), or dissatisfaction with the subject matter offered in the course(s). If the petition is approved, a copy will be filed with the university registrar who is then authorized to enter the mark "W" on the student's official permanent record and the instructor(s) of the course(s) will be so notified. If the petition is not approved, the student continues to be enrolled in the course(s) and a final mark must be submitted by the instructor(s). Withdrawal from any and all courses shall not be permitted after the last day of regularly scheduled classes except when the student experiences a genuine emergency after the regularly scheduled classes end and prior to sitting for the final examination in a given course or courses.

(F) The deadlines listed in this rule shall be extended as spelled out in paragraph (L)(6) of rule 3335-8-21 of the Administrative Code in any semester in which exceptional circumstances have been declared.

Last updated April 8, 2021 at 1:58 PM

History

  • Effective: April 2, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-27.1

(A) This rule may be applied for a maximum of three courses.

(B) Grade forgiveness used for a course during exceptional circumstances as defined in paragraph (L) of rule 3335-8-21 of the Administrative Code will not count toward the three-course limit.

(C) The graduate school and graduate professional colleges may formulate appropriate modifications of paragraph (A) of this rule, subject to the approval of the council on academic affairs, and publish the rule in their bulletins.

Last updated April 8, 2021 at 1:58 PM

History

  • Effective: April 2, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-29

An undergraduate or professional student may audit a course upon the approval of the professor in charge of the course and the dean of the college, or designee, in which the student is registered. (For repetition of courses, see rule 3335-8-28 of the Administrative Code.) A graduate student may audit a course upon the approval of the professor in charge of the course and the student's adviser.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-33

(A) The instructor (or in the case of a graduate teaching associate, the supervising faculty member), the chair of the instructor's department (with the agreement of the instructor), or other appropriate administrative official may disenroll a student from a course if:

(1) After the third instructional day of the semester, summer term, or session, the first Friday of the semester, summer term, or session, or the student's second scheduled class meeting of the course, whichever occurs first, the student fails to attend the scheduled course without giving prior notification to the instructor. Under this paragraph, no student may be disenrolled from a course until after the first course meeting following the student's registration. When the department elects to use this procedure, the instructor, the chair, or other appropriate administrative official shall notify the student's enrollment unit. The enrollment unit will notify the student and take appropriate action to remove the student from the course.

Since not all departments exercise the option to disenroll students in all courses, this rule does not relieve the student of the responsibility for dropping a course the student is not attending.

(2) The student enrolls to audit a course without the instructor's approval, or fails to meet the prerequisites of the course. Disenrollment procedures shall be the same as in paragraph (A)(1) of this rule.

(3) Before the fourth Friday of a semester, or summer term, the second Friday of a session during autumn or spring semesters, the second Friday of a six- or eight-week summer session, or the first Friday of a four-week summer session, and following completion of a placement examination, or another appropriate measure of preparation or ability, the student is judged to be registered in an inappropriate course. The department or school offering the course may then instruct the secretary of the college or school in which the student is enrolled to change the student's registration either to a more elementary or more advanced course.

(B) Disenrollment, under paragraph (A) of this rule, is effective upon action of the instructor, department chair, or other appropriate administrative official.

(C) Credit for all rescheduled courses resulting from action under paragraph (A)(3) of this rule shall count toward the fulfillment of graduation requirements unless the student has previously earned university or college credit in a course having substantially the same subject matter content or the substituted course is one which the department or school, with the approval of the council on academic affairs, has established for students with inadequate preparation for college level courses of that department or school.

(D) If a student who has enrolled to audit a course fails to complete the requirements for audit specified by the instructor and also fails to withdraw from the course, the instructor shall so inform the office of the university registrar when marks are reported for the semester, summer term, or session. That office will then disenroll the student from the course, removing the course from the student's permanent record, and will notify the student and the student's college of the action taken.

(E) After investigation, including consultation with the instructor and the student in question, and utilizing other university resources, as desirable, the chair (or other appropriate administrative official) may disenroll a student from a course if the student presents a clear and present threat of bodily harm or injury to the instructor or fellow students, or, after warning, continues to engage in disruptive conduct, either of which results in impairment of teaching or learning processes:

(1) If, after attempting to resolve the difficulty by informal means, the department chair (or other appropriate administrative official) deems disenrollment necessary, the affected student shall be notified in writing. The notice shall be delivered by hand or sent through ordinary mail to the student at the last address supplied pursuant to rule 3335-9-09 of the Administrative Code. Copies of the disenrollment action shall be sent to the dean of the instructional college, the dean of the student's college, the office of the university registrar, and the office of student affairs.

(2) The student may appeal to the executive vice president and provost or designee for waiver of disenrollment under paragraph (E) of this rule, provided the appeal is filed within ten days of the disenrollment action. The executive vice president and provost shall make final determination on the appeal within seven days.

(3) Disenrollment is effective upon the action of the department chair (or other appropriate administrative official), unless reversed by the executive vice president and provost or designee.

(F) For disenrollment, exclusive of audit, under paragraphs (A) and (E) of this rule, the university registrar shall enter on the student's official permanent record:

(1) No mark, if the disenrollment occurs before close of business of the fourth Friday of a semester or summer term, or the second Friday of a session during autumn or spring semester, or a six- or eight-week summer session; or the first Friday of a four-week course in summer session; or

(2) The mark, "W," if the disenrollment occurs after close of business of the fourth Friday of a semester or summer term; the second Friday of a session during autumn or spring semester, or a six- or eight-week summer session; or the first Friday of a four-week course in session.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-22 Report of marks.

Upon completion of the course requirements, marks for every student shall be reported to the office of the university registrar in accord with published deadlines.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-04

(A) This rule shall apply to all formal complaints of failure to meet academic responsibilities, post-tenure review, and misconduct against faculty members as defined in paragraphs (A) and (B) of rule 3335-5-19 of the Administration Code. Complaints may be filed under this rule against any individual with a faculty appointment, including administrators who hold such appointments.

Complaints about the performance of administrators in their administrative capacity must be brought pursuant to applicable rules or policies for those administrative positions; all complaints against administrators who hold faculty appointments relating to the violation of applicable law, university policies or rules, or unit governance documents (other than those related to the performance of the administrator's duties) must be brought under this rule.

(B) Complaints shall proceed under the general procedures set forth in this rule and the specific procedures set forth in the following four subsections based on the nature of the allegations.

(1) Complaints involving allegations of failure to meet academic responsibilities, complaints arising from the investigatory process set forth in the campus free speech policy, and complaints arising from the DEI, intellectual diversity, and controversial beliefs under the advance Ohio higher education act policy shall proceed under rule 3335-5-04.1 of the Administration Code. A faculty member may be disciplined under this rule, and may be terminated if the conduct constitutes serious failure to meet academic responsibilities for violations established under paragraph (A) of rule 3335-5-04.1 of the Administration Code or a violation of the campus free speech policy or the DEI, intellectual diversity, and controversial beliefs under the advance Ohio higher education act policy.

(2) Complaints involving allegations of research misconduct shall proceed under rule 3335-5-04.2 of the Administration Code. A faculty member may be disciplined up to and including termination for violations established under this rule.

(3) Complaints involving allegations of sexual misconduct, workplace violence, whistleblower retaliation, discrimination, harassment, and retaliation based on protected status shall proceed under rule 3335-5-04.3 of the Administration Code. A faculty member may be disciplined up to and including termination for violations established under this rule.

(4) Complaints involving allegations of violations of applicable law, university policies or rules, or unit governance documents shall proceed under rule 3335-5-04.4 of the Administration Code, unless they fall under rules 3335-5-04.1, 3335-5-04.2 or 3335-5-04.3 of the Administration Code. A faculty member may be disciplined under this rule, and may be terminated if the conduct constitutes grave misconduct or non-trivial financial fraud for violations established under paragraphs (A)(1) and (A)(2) of rule 3335-5-04.4 of the Administration Code.

(5) Complaints arising out of the post-tenure review process set forth in section 3345.453 of the Revised Code and the faculty annual review, post-tenure review, and reappointment policy shall proceed under rule 3335-5-04.5 of the Administrative Code. A faculty member may be disciplined up to and including termination for violations established under this rule.

(C) Conflicts:

(1) No administrator may act in their administrative capacity in the consideration of any complaint naming them as respondent. If a complaint names a department chair, school director, or a dean as respondent, the executive vice president and provost (hereinafter "provost") shall appoint an equivalent rank administrator from another department or college to perform the responsibilities of the named official under this rule. If a complaint names the provost as respondent, the president shall appoint an individual to perform the responsibilities of the provost. If a complaint names the president as respondent, the board of trustees shall appoint an individual to perform the responsibilities of the president.

(2) If any individual with responsibilities under this rule has a conflict of interest with a complainant or respondent, such that the individual stands to benefit personally or incur personal harm depending on the outcome, or otherwise has a relationship with the faculty member against whom the complaint is made (hereafter "respondent") that creates a bias, or otherwise could not fairly and impartially perform those responsibilities, the individual shall not participate in this process, and a replacement shall be named in accordance with paragraph (C)(1) of this rule. In the event that a member of an investigation or sanctioning committee has such a conflict, that individual shall be replaced in accordance with the applicable procedures for that committee.

(D) If the provost determines that a faculty member's presence on campus is detrimental to the safety and well-being of the university community or university property, the provost may reassign the faculty member off campus with pay pending completion of the process set forth in this rule.

(E) At each step of the process, individuals with responsibilities under this rule may use informal dispute resolution to resolve the complaint to their satisfaction as well as that of the complainant and the respondent in accordance with applicable policy. The appropriateness of an informal resolution in any case will depend on the circumstances of each particular case. All such resolutions must be reported to the office of academic affairs for review and approval before being finalized. In addition, reports must be made to the office of research (for proceedings under faculty rule 3335-5-04.2 of the Administration Code), or the office of institutional equity or office of human resources (for proceedings under faculty rule 3335-5-04.3 of the Administration Code) as may be applicable.

(F) Complainants and respondents may expressly or implicitly relinquish their rights to participate in any step of this process, including but not limited to by failing to respond to reasonable attempts to schedule required meetings, or by failing to appear for scheduled sessions. If a complainant or respondent relinquishes their rights of participation at any step, that relinquishment does not prevent that individual from exercising any rights that may be applicable at any other step of the process. To the extent not specified in this rule, complainants and respondents shall be entitled to all rights required by state and federal law that are applicable to these proceedings.

(G) All records of proceedings under this rule shall be maintained by the office of academic affairs. Such records shall be afforded the same privacy and confidentiality afforded to comparable records of other university employees, subject to public records laws and other disclosures within and external to the university in accordance with applicable law and the need to know such information to support university operations.

(H) The term "day" as used in this rule means "calendar day." If the last day of a designated time period falls on a weekend or a day on which the university is closed, the time period shall expire at the close of business on the next succeeding business day.

(I) Complainants and respondents shall be given written notice of decisions required by this rule. Any notice shall be sent by certified mail and by email. The time period for any action to be taken after delivery of the notice shall begin to run on the date on which the notice is mailed.

(J) At each step of the process set forth in this rule, complainants and respondents may be accompanied by one support person of their choosing (including but not limited to personal legal counsel). Except as otherwise provided in rules 3335-5-04.1 to 3335-5-04.4 of the Administration Code, though, such individual shall only be entitled to appear with the respondent and shall not be entitled to participate in or delay the process in any way.

(K) The timelines set forth in this rule and in rules 3335-5-04.1 to 3335-5-04.4 of the Administration Code are mandatory. However, the provost or designee may grant defined extensions of any time period on an as-needed basis upon written request. The timelines set forth in rule 3334-5-05 of the Administrative Code are mandatory, and the president shall hold sole authority to grant a single, two-month extension to complete the review process.

(L) Should a faculty member facing a complaint under this rule resign or retire from their university employment while a complaint is pending, the provost may elect in their discretion to pause the proceedings under this rule once that resignation or retirement becomes effective. If such proceedings are paused, they will resume immediately should the faculty member return to university employment at any point. However, the provost may not pause complaints of research misconduct brought under rule 3335-5-04.2 of the Administrative Code or of sexual misconduct, workplace violence, whistleblower retaliation, discrimination, harassment, and retaliation based on protected status brought under rule 3335-5-04.3 of the Administrative Code unless an investigation has been completed and a violation has been found under those processes and the only remaining issue is what sanction to impose for such violations.

Last updated September 4, 2025 at 7:24 AM

History

  • Effective: September 4, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-23.1 Retention or disposal of materials submitted to meet course requirements.

(A) Materials submitted by a student to satisfy course requirements shall either be returned to the student or made available for the student's inspection, after they have been marked or otherwise evaluated, before the end of the semester, summer term, or session in which the work is performed or, in the case of final projects and final examinations, no later than the fourteenth day of instruction of the following semester, summer term, or session.

(B) Materials of this kind which have not been returned to the student shall be retained by the academic unit or the individual instructor until the last day on which a grade change may be initiated as provided for in paragraph (A) of rule 3335-8-23 of the Administrative Code. An exception to this rule may be made in the case of materials that are impracticable to store if the need for such exception is clearly communicated in writing and distributed to the students at the beginning of the course.

Last updated September 29, 2023 at 9:12 AM

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-24 Credit hours.

(A) All courses shall be assigned a number of credit hours in accordance with the procedure outlined in rules 3335-8-02 to 3335-8-04 of the Administrative Code. This may be any number from zero on up; however, in determining the credit hours assigned, the department, school, college and council on academic affairs should use as a guide the following suggested standards:

(1) One credit hour shall be assigned for each three hours per week of the average student's time, including class hours, required to earn the average grade of "C" in this course.

(2) One credit hour shall be assigned for each two consecutive hours of practical or experimental work per week in any department or school.

(3) One credit hour shall be assigned for each three hours of laboratory work per week, when no additional outside work is required. When outside work is required, then the standard in paragraph (A)(1) of this rule shall be applied.

(B) In determining the hours per week required by the course or work, the council on academic affairs may, in appropriate cases, consider the average weekly hours spent during a semester, summer term, or session on the course or work. It should be remembered that the above are guides only and may be deviated from for good cause.

(C) When comparing or combining semester credit hours with quarter credit hours, one semester credit hour shall be the equivalent of one and one-half quarter credit hours.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-25 Credit points.

(A) Credit points shall be assigned on the following basis:

For each credit hour of "A,"4.0 credit points shall be allowed

For each credit hour of "A-,"3.7 credit points shall be allowed

For each credit hour of "B+,"3.3 credit points shall be allowed

For each credit hour of "B,"3.0 credit points shall be allowed

For each credit hour of "B-,"2.7 credit points shall be allowed

For each credit hour of "C+,"2.3 credit points shall be allowed

For each credit hour of "C,"2.0 credit points shall be allowed

For each credit hour of "C-,"1.7 credit points shall be allowed

For each credit hour of "D+,"1.3 credit points shall be allowed

For each credit hour of "D,"1.0 credit points shall be allowed

For each credit hour of "E,"0.0 credit points shall be allowed

For each credit hour of "EN," 0.0 credit points shall be allowed

(B) All other marks (see rule 3335-8-21 of the Administrative Code) carry no credit points.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-26.1 Recalculation of cumulative point-hour ratio.

(A) An undergraduate student who re-enrolls in the university after an absence of five or more years may petition the dean or director of their enrollment unit to recalculate the cumulative point-hour ratio of their previous residency. If the petition is approved, all courses taken will remain on the permanent record. Those with marks of "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "EM," "K," "PA," "PE," or "S" will be counted for credit only. No other marks will be counted for credit.

(B) If the petition is approved, the student resumes their academic program with no cumulative point-hour ratio, and thereafter is subject to the conditions of warning, probation, and dismissal that govern all students (see rules 3335-9-24 to 3335-9-28 of the Administrative Code).

(C) Under the provisions of this rule a student, before graduation, must be re-enrolled for a minimum of:

(1) Thirty credit hours and

(2) Two academic semesters or one semester and one summer term.

(D) Unless a student has completed sixty credit hours subsequent to the application of a fresh start, in accordance with rule 3335-9-33 of the Adminisatrative Code, all courses ever taken at the university will be used in the calculation of the cumulative point-hour ratio required for the purposes of graduation with honors.

(E) The graduate school and graduate professional colleges may formulate appropriate modifications of this rule, subject to approval by the council on academic affairs, and shall publish the rule in their bulletin or graduate handbook.

Last updated October 16, 2023 at 9:03 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-24

(A) Any student who has never attended another college or university and who seeks to enroll as a new freshman in this university shall be placed on special warning when their application for admission is received and processed if their academic credentials indicate the probability of low achievement. The student shall be so informed before final registration and the payment of fees are completed, except as provided in rule 3335-9-27 of the Administrative Code. The fact that special warning has been given shall be made known to the office of the college or school to which the student seeks admission.

(B) If, at the end of their first semester, summer term, or session, a student subject to the provisions of rule 3335-9-23 of the Administrative Code has earned a point-hour ration below 2.00, they may receive a warning from the dean of their college or director of their school instead of being placed on probation.

Last updated October 16, 2023 at 9:21 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-28

Any student who may be reinstated by a college or school following academic dismissal shall be subject to such special requirements as may be determined appropriate by the dean of the college or director of the school. If the performance record of any reinstated student does not meet the conditions of probation specified at the time of reinstatement, then the college or school in which the student is registered shall determine whether the student is to be dismissed or continued on probation.

History

  • Effective: August 5, 1996
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-33

(A) Degrees "cum laude," "magna cum laude," and "summa cum laude" may be granted for exceptional achievement in the curriculum of each enrollment unit. The designation "summa cum laude" may be granted only for those students who have achieved at least a 3.90 cumulative point-hour ratio as of the term penultimate to their graduation. The designation "magna cum laude" may be granted only for those students who have achieved at least a 3.70 cumulative point-hour ratio as of the term penultimate to their graduation. The designation "cum laude" may be granted only for those students who have achieved at least a 3.50 cumulative point-hour ratio as of the term penultimate to their graduation.

(1) Should a student not meet the criteria noted in paragraph (A) of this rule as of the term penultimate to their graduation, but meet the criteria based on their cumulative GPA at the time of graduation, they will be considered as having met the criteria to graduate with the appropriately revised recognition.

(2) Should a student meet the criteria noted in paragraph (A) of this rule as of the term penultimate to their graduation, but drop below the threshold with their final cumulative GPA, they will not be considered to lose their Latin honors recognition for graduation.

(B) Eligibility for these honors shall be based on a minimum of sixty credit hours of course enrollment at this university. The marks for all coursework at this university considered toward the degree will be included in calculating a student's eligibility for such honors. Credits in courses graded "S/U," as well as credits earned in repeatable coursework will be considered as counting toward the sixty credit hours. Credits in courses graded "PA/NP," as well as credits earned in coursework repeated in rule 3335-8-28 of the Administrative Code will not be considered as counting toward the sixty credit hours. For a student who has completed sixty credit hours subsequent to application of a fresh start, in accordance with rule 3335-8-26.1 of the Administrative Code, only those marks received for coursework subsequent to fresh start will be considered toward calculating a student's eligibility for such honors.

(C) Standards for graduation "with research distinction in [special subject(s)]," "with honors research distinction in [ ]," and "with honors in [ ]" shall be as adopted by the council on academic affairs. Eligibility for these honors shall be based on a minimum of sixty credit hours of course enrollment at this university. The marks for all coursework at this university considered toward the degree will be included in calculating a student's eligibility for such honors. Credits in courses graded "S/U" and credits earned in repeatable coursework will be considered as counting toward the sixty credit hours. Credits in courses graded "PA/NP" and credits earned in coursework repeated in rule 3335-8-28 of the Administrative Code will not be considered as counting toward the sixty credit hours.

(D) Beyond these minimal requirements the enrollment units may establish additional stipulations for graduation "cum laude," "magna cum laude," and "summa cum laude."

Last updated October 16, 2023 at 9:22 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-27 Failure in a required course.

(A) An undergraduate or professional student who has not been dismissed from the university must repeat in a regularly scheduled class, at the first opportunity, a required course in which a mark of "E" or "EN" has been received, unless an equivalent course is recommended and approved by the authorized representative of the dean or director of the student's enrollment unit.

(B) A graduate student who has not been dismissed from the university must repeat in a regularly scheduled class a required course in which a mark of "E" or "EN" has been received only if this is required by the student's adviser.

History

  • Effective: August 1, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-01

Students shall be classified as:

(A) Undergraduate students: regular or special. This shall include students registered in the colleges of arts; biological sciences; business; food, agricultural, and environmental sciences; education and human ecology; humanities; mathematical and physical sciences; social and behavioral sciences; the division of pre-professional education of the college of education and human ecology; the pre-engineering division of the college of engineering; and the division of continuing education.

(B) Graduate students: regular, special, graduate nondegree, conditional, or transient. The provisional classification is used in conjunction with the regular, special, and conditional classifications.

(C) Professional students: regular or special. This shall include students either regularly or specially registered in the colleges or divisions of a college which admit after completion of a pre-professional curriculum.

(D) Transient students. This shall include regular enrollees of other institutions who with the recommendation of their college authorities enter this university for a brief residence (usually one semester, summer term, or session) without transfer of credits.

(E) Auditors. This shall include persons who desire to attend classes without receiving credit for any courses taken.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-30 Academic standards for dean's list.

(A) Full-time dean's list.

(1) To be recognized with the "dean's list" status, an undergraduate must:

(a) Earn a minimum GPA of 3.5 while successfully completing twelve or more hours of graded coursework in a single term.

(b) Not earn any of the following marks during the term in which a 3.5 GPA is achieved: "E," "EN," "NP," "NEN," "U," "UEN," "I," "IX" or "NG."

(c) Not have any unresolved "I" or missing marks which, when resolved, might disqualify the student from meeting either paragraph (A)(1)(a) or (A)(1)(b) of this rule.

(2) For purposes of this rule, up to and including three (of the minimum twelve) credit hours may be from a course utilizing "S/U" grading, when an "S" mark is earned.

(3) For the purposes of this rule, credit hours in a course graded "PA/NP" may not be considered toward the twelve or more hours of graded coursework required for this recognition.

(4) The granting of grade forgiveness will not result in dean's list being added to a previous term.

(B) Part-time dean's list.

(1) To be recognized with the "part-time dean's list" status, an undergraduate must:

(a) Be enrolled less than full time in three terms, summer term through the following spring semester. The student must not be enrolled full time in any of the three terms.

(b) Earn a minimum overall GPA of 3.5 while successfully completing twelve or more collective hours of graded coursework during the three terms.

(c) Not earn any of the following marks during the three terms in which a 3.5 GPA is achieved: "E," "EN," "NP," "NEN," "U," "UEN," "I," "IX," or "NG."

(d) Not have any unresolved "I" or missing marks which, when resolved, might disqualify the student from meeting either paragraph (B)(1)(b) or (B)(1)(c) of this rule.

(2) For the purposes of this rule, up to and including three (of the minimum twelve) credit hours may be from a course utilizing "S/U" grading, when an "S" mark is earned.

(3) For the purposes of this rule, credit hours in a course graded "PA/NP" may not be considered toward the twelve or more hours of graded coursework required for this recognition.

(4) The granting of grade forgiveness will not result in dean's list being added to a previous term.

Last updated December 19, 2024 at 8:02 AM

History

  • Effective: December 19, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-09

At the time of registration each student shall submit to the office of the university registrar the address of the person who should be notified in case of emergency and their local address. All subsequent changes to these addresses shall be promptly reported to the office of the university registrar as long as the student is currently enrolled at the university.

Last updated October 16, 2023 at 9:06 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-34 Residence work.

(A) Except for cases meeting the conditions of paragraph (B) of this rule, residence credit will be given only for work taken in residence within the basic organization of the educational units of the university. (See rule 3335-1-05 of the Administrative Code.)

(B) By pre-arrangement with the head of the department or school concerned and with the approval in advance of the appropriate executive committee, an undergraduate student of good standing who has already secured satisfactory credits within a department or school may carry on work in absentia, and secure credit by examination for not to exceed a total of six hours. Credit so secured may be counted as a part of the work of the senior year.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-05

(A) University organization. For the purpose of administering the various programs of the university, there shall be established educational and administrative units within the university. All educational units, except academic centers as outlined in rule 3335-3-36 of the Administrative Code, of the university shall be established, altered, or abolished only on vote of the board of trustees.

(B) Basic educational organization of the university. The basic organization of the educational units of the university shall be departments, divisions, schools, academic centers, colleges, regional campuses, the graduate school, and the agricultural technical institute.

(1) Schools, departments, and divisions. The unit of the university for instruction, research, and extension in a defined field of learning is the school, department, or division.

(2) Academic centers. The unit of the university for research, instruction, or related service which crosses department, division, school, or college boundaries is the academic center.

(3) Colleges and graduate school. For educational administration the university shall be organized into a graduate school and fifteen colleges. The fifteen colleges are: the college of arts and sciences, the college of food, agricultural, and environmental sciences, the Max M. Fisher college of business, the college of dentistry, the college of education and human ecology, the college of engineering, the Michael E. Moritz college of law, the college of medicine, the college of nursing, the college of optometry, the college of pharmacy, the John Glenn college of public affairs, the college of public health, the college of social work, and the college of veterinary medicine.

(4) Graduate school. The graduate school shall consist of: those members of the university faculty who are approved to give graduate instruction; a graduate faculty; the research and graduate council; and an administration composed of a curriculum committee, an executive committee, the dean, the secretary and such other administrative officers as are necessary to carry out the responsibilities of the graduate school.

(5) Regional campuses. There shall be four regional campuses of the university located at Lima, Mansfield, Marion, and Newark, Ohio.

(6) Agricultural technical institute. The unit of the university for instruction leading to the associate of applied science degree in the agricultural technologies is the agricultural technical institute (Wooster). Regarding matters of administration and operation, the agricultural technical institute shall function as a school in the college of food, agricultural, and environmental sciences.

Last updated September 27, 2021 at 8:24 AM

History

  • Effective: September 27, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-35 University year.

(A) The university year shall include an autumn and spring semester, each of approximately sixteen weeks, and a summer term of approximately thirteen weeks. Semesters, summer term, and sessions are inclusive of instructional days, scheduled reading and exam days, and intra-semester breaks. Autumn and spring semesters may be divided into two sessions of approximately seven weeks each. Summer term may be divided into three continous session of four weeks each, two continuous sessions of six weeks each, or two overlapping sessions of eight weeks each. The university year will begin in the autumn semester.

(B) The academic calendar, including the dates of the beginning and ending of each semester, term, session, finals schedule, and breaks shall be published by the university registrar.

Last updated October 16, 2023 at 9:04 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-36 Vacations.

The dates for all university holidays in which university offices will be closed shall be determined by the council of deans and published in the university bulletins as a part of the official calendar.

Last updated October 16, 2023 at 9:04 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-37 Convocations.

A commencement for the conferring of degrees and certificates shall be held after the autumn and spring semester and the summer term.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15

Chapter 3335-9 Requirements for Admission

Ohio Adm.Code 3335-9-01 Classification of students for admission.

Students shall be classified as:

(A) Undergraduate students: regular or special. This shall include students registered in the colleges of arts; biological sciences; business; food, agricultural, and environmental sciences; education and human ecology; humanities; mathematical and physical sciences; social and behavioral sciences; the division of pre-professional education of the college of education and human ecology; the pre-engineering division of the college of engineering; and the division of continuing education.

(B) Graduate students: regular, special, graduate nondegree, conditional, or transient. The provisional classification is used in conjunction with the regular, special, and conditional classifications.

(C) Professional students: regular or special. This shall include students either regularly or specially registered in the colleges or divisions of a college which admit after completion of a pre-professional curriculum.

(D) Transient students. This shall include regular enrollees of other institutions who with the recommendation of their college authorities enter this university for a brief residence (usually one semester, summer term, or session) without transfer of credits.

(E) Auditors. This shall include persons who desire to attend classes without receiving credit for any courses taken.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-02 Time of admission.

(A) Admission as an undergraduate student. Undergraduate students who meet all admission requirements may be admitted to any semester or summer term.

(B) Admission as a graduate student. Graduate students who meet all admission requirements may be admitted to any semester or summer term.

(C) Admission as a professional student. Professional students who meet all admission requirements may be admitted to any semester or summer term.

(D) Admission as a transient student or auditor. Transient students and auditors who meet all admission requirements may be admitted to any semester or summer term.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-03 Admission requirements.

Admission requirements, including admission to advanced standing, for entrance into the university shall be adopted by the board of trustees upon recommendation of the appropriate faculty and the approval of the university senate.

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-04 Specific admission requirements.

(A) Undergraduate student. For admission as a regular undergraduate student, an applicant must be a graduate of a high school (or equivalent preparatory school), or must have passed equivalent entrance examinations. For unconditional admission the applicant must present a minimum of fifteen high school units distributed in accordance with a preparatory curriculum approved by the university faculty and must meet the special requirements of the college or school the applicant desires to enter, subject to such deficiencies (or conditions) as that college or school may permit (see also rule 3335-9-24 of the Administrative Code). The preparatory curriculum is not required for the unconditional admission of regular undergraduate students with high school graduation five or more years prior to the first semester or summer term of enrollment.

For admission as a special undergraduate student, an applicant must satisfy the executive vice president and provost, or designee, that the applicant is qualified to undertake the special program desired.

(B) Graduate student. An applicant must meet the admission criteria established by the graduate council. All applicants must specify a field of specialization.

(C) Professional student. An applicant for admission as a regular or special student in a professional program must meet the pre-professional requirements of the school, college or division of a college the applicant desires to enter. If the applicant does not meet the pre-professional requirements, the applicant may be admitted subject to such deficiencies (or conditions) as that school, college or division of a college may permit.

(D) Transient student. To be considered for admission as a transient student, the applicant must present a brief, definite program endorsed by the president or dean of the student's university or college. Where this and all other pertinent matters are satisfactory to the director of admissions, the applicant may be admitted unless there is objection by the college, school or division of which the applicant seeks admission.

Last updated October 16, 2023 at 9:05 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-24

(A) Any student who has never attended another college or university and who seeks to enroll as a new freshman in this university shall be placed on special warning when their application for admission is received and processed if their academic credentials indicate the probability of low achievement. The student shall be so informed before final registration and the payment of fees are completed, except as provided in rule 3335-9-27 of the Administrative Code. The fact that special warning has been given shall be made known to the office of the college or school to which the student seeks admission.

(B) If, at the end of their first semester, summer term, or session, a student subject to the provisions of rule 3335-9-23 of the Administrative Code has earned a point-hour ration below 2.00, they may receive a warning from the dean of their college or director of their school instead of being placed on probation.

Last updated October 16, 2023 at 9:21 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-05 Admission of an undergraduate special student to regular standing.

An undergraduate special student who has completed two full years of college work and who desires to become a candidate for a degree may be transferred by the director of undergraduate admissions to the standing of a regular student by one of the following methods:

(A) By meeting the entrance requirements of the college or school in which they desire to attain regular standing.

(B) By assuming an addition of thirty semester hours and sixty points to the requirements of their curriculum.

(C) By such other adjustments as may be approved by the undergraduate admissions office and the executive committee of the college concerned.

Last updated October 16, 2023 at 9:05 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-06 Admission to advanced standing.

(A) An applicant presenting credentials for admission to advanced standing as an undergraduate student will in general be refused admission unless the applicant's record is at least "C" as an average of all courses undertaken.

(B) The director of undergraduate admissions may admit an applicant who does not fully meet this standard, provided the applicant's record is one that shows progressive improvement and provided the total credits allowed shall not be more than one-half the credit points counted on the applicant's complete record.

(C) An undergraduate applicant having fewer than thirty transferable semester or forty-five transferable quarter credit hours at the time of first enrollment shall be subject to the provisions of paragraph (A) of rule 3335-9-04 of the Administrative Code and paragraph (B) of rule 3335-9-25 of the Administrative Code.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-25

(A) Any student whose cumulative point-hour ratio has fallen below a 2.00 shall be placed on probation. The probation shall continue provided the student's college considers the student's progress to be satisfactory and shall be removed when the cumulative point-hour ratio has reached a 2.0. The student shall be notified of probationary status by the dean of the college or the director of the school in which the student is registered, except as provided in rule 3335-9-27 of the Administrative Code. Such notification shall include a clear statement of what shall be considered to be satisfactory progress.

(B) Probation by special action. If at any time the preparation, progress, or success of a student in an academic program is determined to be unsatisfactory, the college or school in which the student is registered shall be empowered to place the student on academic probation. An undergraduate student admitted with conditions and who has not satisfied the conditions after earning thirty semester credit hours through regular course enrollment at this university shall be placed on probation.

History

  • Effective: April 23, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-07 Academic aptitude and course placement test.

(A) Every undergraduate student, excepting transient students, attending the university for the first time, is required to take an academic aptitude test under the supervision of the university orientation and testing center. They shall also take such course placement tests as are required by the appropriate college, school, or department.

(B) The taking of this test by students entering the graduate school, the professional division of the college of engineering, or the colleges of dentistry, law, medicine, optometry, pharmacy, or veterinary medicine shall be optional with the graduate school or these colleges.

Last updated October 16, 2023 at 9:05 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-08 Medical examination and enrollment denial for medical reasons.

(A) After admission, but prior to enrollment, each student seeking to enroll shall complete and submit to the university health service medical information in a form prescribed by the health service. Failure to comply with this requirement may result in denial of enrollment.

(B) Students with certain physical, psychological or emotional health conditions may be subject to a hold from enrollment. Such a hold may be imposed when there is clear and convincing evidence that:

(1) The student's current state of physical health poses a substantial danger to the health and well-being of other members of the university community; or

(2) The student is suffering from a mental disorder and as a result of that disorder engages, or threatens to engage in behavior which:

(a) Poses a substantial danger or risk of causing harm to the student or to others; or

(b) Poses a substantial danger or risk to university property, or to the property of another member of the university community.

(C) When the health of a student is alleged to be as defined in paragraph (B) of this rule, the director of the university health service, or designee, shall consult with the student about the student's health status. If the director decides it is necessary, the student may be required to submit to examination(s) deemed sufficient to evaluate such condition. The university health service will then review the case, including any medical evidence or opinion available, and determine appropriate university action. If the student fails to submit to an examination, or fails to furnish relevant health condition information, or if the review by the director discloses the existence of an immediate danger to the university community as set out in paragraph (B) of this rule, the student may be subject to a hold from enrollment; or conditions appropriate to protect the university community may be placed upon enrollment. In arriving at appropriate action, the director will take into account reasonable action on the part of the university to accommodate the student's condition.

(D) If a student has been placed on a hold from enrollment, or otherwise experienced modification of enrollment status by reason of health conditions enumerated in paragraph (B) of this rule, the student may petition for revision of that status through the office of the vice president for student life.

(1) Such request must be accompanied by supporting documentation that the conditions for revision of enrollment status have been fulfilled, and/or that the health condition has changed sufficiently to make revision appropriate. Upon receipt of such request, the vice president for student life will evaluate the evidence, or convene the case consultation committee (composed of representatives of counseling and consultation service, university health service, the student's academic unit, and other academic/administrative units as appropriate) for that purpose, and decide to:

(a) Approve enrollment without condition;

(b) Approve enrollment with specified conditions such as medical treatment; or

(c) Deny enrollment.

(2) The student must, in addition, meet all normal and appropriate standards for enrollment set by the academic unit in which the student seeks to enroll.

History

  • Effective: July 30, 2010
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-09 Student addresses.

At the time of registration each student shall submit to the office of the university registrar the address of the person who should be notified in case of emergency and their local address. All subsequent changes to these addresses shall be promptly reported to the office of the university registrar as long as the student is currently enrolled at the university.

Last updated October 16, 2023 at 9:06 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-10 Removal of entrance conditions.

Entrance conditions assessed against students at the time of admission or transfer to a college may be removed by the executive vice president and provost, when the dean of a college in which the conditioned student is registered has certified to the director of admissions that the deficiencies have been made up. The methods to be followed in making up entrance conditions shall have the joint approval of the director of admissions and the dean of the college concerned and, for undergraduate students, shall be in accordance with policies established by the council on academic affairs in consultation with the council on admission and registration. Removal of entrance conditions shall take precedence over the student's regular college schedule. If credits earned in the university are to be substituted for such deficiencies, the student must earn a grade of "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+" or "D" in courses approved to remove admission conditions.

History

  • Effective: May 23, 1999
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-11 Tenure-track faculty, clinical faculty, research faculty, and senior administrative and professional employees pursuing additional degrees.

Faculty members: No tenure-track faculty member, clinical/teaching/practice faculty member, associated faculty member, nor research faculty member will be permitted to pursue a degree offered by the TIU in which the faculty member holds an appointment, as defined in rule 3335-6-06 of the Administrative Code. In those instances where faculty members wish to pursue degrees in other units or programs of this university, they must demonstrate that the acquisition of these degrees enhances their own competence as teachers and scholars. In making decisions to pursue additional degrees, these faculty must consider first and foremost the requirements of their total university commitment and responsibilities. Requests to pursue additional degrees must be approved by the faculty member's TIU head and dean and by the dean of the college or director of the program in which the degree would be granted.

Senior administrative and professional appointees: In those instances where senior administrative and professional appointees wish to pursue degrees at this university, they must demonstrate that the acquisition of these degrees enhances their competence as university employees. In making decisions to pursue additional degrees, senior administrative and professional appointees must consider first and foremost the requirements of their total university commitment and responsibility. Requests to pursue additional degrees must be approved by the immediate supervisor; the TIU head, dean or the appropriate vice president, in whose area the senior administrative and professional appointee holds position, and dean of the college or director of the program in which the degree would be granted.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-6-06

(A) A tenure initiating unit is a division, department, school, or college approved by the council on academic affairs, the university senate, and the board of trustees. A tenure initiating unit has the following responsibilities for all faculty members assigned to it: to assist in professional development; to evaluate; to maintain official personnel records; and to initiate promotion, tenure, reappointment, and nonrenewal recommendations. The office of academic affairs shall be responsible for maintaining the official list of tenure initiating units.

(B) A single division, department, school, or college must serve as the tenure initiating unit for each tenure-track faculty member, including individuals with multiple appointments. Multiple appointments to the tenure-track faculty totaling fifty per cent or more of service to the university shall be considered to be the same as a single appointment of fifty per cent or more for the purpose of determining eligibility for tenure.

(C) A tenure-track faculty member may change from one tenure initiating unit to another voluntarily; or as a result of the restructuring of academic units, including consolidation, reorganization, or abolishment; or as a result of the abolishment of a tenure initiating unit during conditions of financial exigency. The following provisions govern such changes:

(1) A faculty member may voluntarily move from one tenure initiating unit to another upon approval of a simple majority of all tenured faculty members in the receiving tenure initiating unit and, following consultation with the appropriate dean(s), the executive vice president and provost. Administrative approval will be dependent on whether satisfactory fiscal arrangements for the change have been made.

(2) A faculty member's tenure initiating unit may be changed as a result of structural changes in academic units, including consolidation or reorganization of units, or abolishment of units, that are approved by the university senate and board of trustees.

(a) When academic units are to be consolidated or reorganized, resulting in the creation of one or more new tenure initiating units, the plan for relocating faculty to the new tenure initiating units shall be part of the approved restructuring proposal. Change in tenure initiating unit resulting from the consolidation or reorganization of academic units shall not require the consent of individual faculty members whose tenure initiating unit is changed. In addition, since a receiving unit does not exist when new units are being created, no vote of such a unit will be required in relocating faculty.

(b) When a tenure initiating unit is to be abolished and is not part of a plan to consolidate or reorganize two or more units into new tenure initiating units, every effort shall be made by the executive vice president and provost to transfer each tenure-track faculty member in that tenure initiating unit to another tenure initiating unit, in accordance with the provisions of paragraph (C) of this rule. Should such agreement be impossible, the person's tenure responsibility shall reside with the executive vice president and provost. The executive vice president and provost shall assign the faculty member appropriate duties. If the faculty member's previous assignment has been at a regional campus, the executive vice president and provost shall consult with the dean and director of the regional campus regarding an appropriate assignment.

(3) A tenure-track faculty member whose tenure initiating unit is abolished during conditions of financial exigency, as described in rule 3335-5-02.1 of the Administrative Code, may be reassigned to a new tenure initiating unit under the terms of paragraph (C)(1) of rule 3335-5-02.2 of the Administrative Code.

(D) When tenure-track faculty members change tenure initiating units under paragraphs (C)(2) and (C)(3) of this rule, the new tenure initiating units shall make reasonable efforts to assist faculty members in adjusting to the expectations of the new unit. Faculty members who believe that some other unit may be more appropriate than their new tenure initiating unit may also explore the possibility of further relocation under the terms of paragraph (C)(1) of this rule.

History

  • Effective: July 1, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-12 Enrollment conditional upon payment of fees.

All bills, fees, and deposits required from students for a semester, summer term, or session, must be paid at the office of fees and deposits no later than the fee payment deadline for that semester, summer term, or session set by the office of the university registrar and approved by the council on enrollment and student progress.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-13 Application and acceptance fees.

(A) Undergraduates. Undergraduate applications for first admission to the university must be accompanied by an application fee. This fee is non-refundable and is not credited against any other fees charged by the university.

(B) A non-refundable acceptance fee is assessed all students enrolling for the first time in one of the university's undergraduate degree-granting colleges or schools or university college. The acceptance fee is to be paid prior to orientation or release of registration materials.

(C) Professional. Professional applications for admission to the university must be accompanied by an application fee. This fee is non-refundable and is not credited against any other fees charged by the university.

(D) A non-refundable acceptance fee is assessed all students enrolling for the first time in one of the professional colleges of the university. Payment is to be made prior to release of registration materials

(E) Graduate. A non-refundable acceptance fee is assessed all students, except graduate non-degree students, enrolling for the first time in the graduate school of the university. Payment is to be made prior to registration

(F) Graduate applications by foreign students for first admission to the university must be accompanied by an application fee. This fee is non-refundable and is not credited against any other fees charged by the university.

History

  • Effective: August 29, 1987
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-14 Time of registration and payment of fees; penalties.

(A) Payment of fees is required of all students each semester, summer term, or session, by the close of business on the date established by the executive vice president and provost in cooperation with the appropriate offices, and published by the office of the university registrar. This fee payment deadline will apply to the postmark date for fees paid by mail and to the date of receipt for fees paid in person. Failure to meet this requirement will result in a penalty assessment, unless excused by the university registrar or designee.

(B) Students whose fees are paid under contract with a third party will be held responsible for payment if the third party defaults or the contract is terminated.

(C) The university registrar, as the designee of the executive vice president and provost, reserves the right to refuse registration if fees are not paid by the date on which they are due.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-15 Penalty for payment of fees when payment is not honored.

The registration of any student who pays fees by a payment that is not honored upon presentation is subject to cancellation. If permitted to reregister and/or pay, the student will be assessed a penalty for reregistration and the regular penalty for late payment provided for in rule 3335-9-14 of the Administrative Code.

History

  • Effective: August 29, 1987
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-16 Administrative holds.

(A) With the approval of the executive vice president and provost, an administrative hold may be placed on the records or accounts of any person who fails to comply in a reasonable period of time with an obligation imposed under university rules or who has an overdue debt or fine. An administrative hold will cause certain services to be withheld, including, but not limited to: obtaining current semester, summer term, or session grades, registering or enrolling, being certified as eligible to obtain a degree or certificate, borrowing books or equipment, or participating in discount plans available to faculty, staff, or alumni.

(B) The unit originating an administrative hold on the records or accounts of any person shall notify the person in writing of the obligation that is overdue by providing another itemized billing or list of actions requested, specifying when the administrative hold will become effective, and indicating the name and method of contacting an individual who can provide additional information.

(C) Any disputes concerning the legitimacy of a hold or its processing will be resolved by the university registrar.

Last updated October 16, 2023 at 9:20 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-17 Timely registration.

All students are required to submit course requests each semester, or session, following procedures promulgated by the office of the university registrar. Failure to comply with this rule will result in a penalty assessment.

History

  • Effective: July 1, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-17.1 Additions to approved schedules.

(A) Until the official closing time on the first Friday of a semester or summer term, a session of autumn or spring semesters, or a six- or eight-week summer session, additions to approved schedules in undergraduate colleges require the approval of the student's enrollment unit.

(B) After the first Friday of a semester or summer term, a session of autumn or spring semesters, or a six- or eight-week summer session, and until the official closing time of the second Friday, additions to approved schedules require the permission of the instructor (or, with the instructor's concurrence, a representative as appointed by the department) and the approval of the student's enrollment unit.

(C) After the second Friday of a semester or summer term, a session of autumn or spring semesters, or a six- or eight-week summer session, additions to approved schedules will not be permitted. Exceptions will be granted only by petition. Petitions must be filed with the authorized representative of the dean or director of the student's enrollment unit. Petitions will be approved only on the basis of clearly documented clerical error or unusual and extenuating circumstances beyond the student's control. Additions also require the permission of the instructor (or, with the instructor's concurrence, a representative as appointed by the department), the permission of the chair of the instructor's department or the director of the school (or of the designated representative of the chair or the director).

(D) Because of the accelerated nature of four-week session courses in summer term, deadlines for adding these courses are as follows: after the first day of classes until the official closing time on the first Friday of each four-week session, a student may add a course only with the permission of the instructor (or, with the instructor's concurrence, a representative as appointed by the department) and the approval of the student's enrollment unit. After this date a student wishing to add a four-week session course to the approved schedule must petition the authorized representative of the dean or director of the student's enrollment unit. Petitions will be approved only on the basis of clearly documented clerical error or unusual and extenuating circumstances beyond the student's control. Additions also require the permission of the instructor (or, with the instructor's concurrence, a representative as appointed by the department), the permission of the chair of the instructor's department or the director of the school (or of the designated representative of the chair or the director).

(E) For courses of shorter duration deadlines and approval procedures will be established by the instructional unit in which the course is offered after consultation with the office of the university registrar.

(F) The graduate school and graduate professional colleges shall formulate rules to govern additions to approved schedules, subject to approval of the council on academic affairs and publish them in their respective bulletins.

History

  • Effective: June 23, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-18 Return of fees.

(A) Fees (except for the application and acceptance fees) are returnable in part if a student withdraws from the university for any cause other than at the request of the university and if such withdrawal is made within the period established by the executive vice president and provost in cooperation with the appropriate offices, and published by the office of the university registrar. The application fee and the acceptance fee are not returnable irrespective of the reason for withdrawal.

Students dismissed from the university or withdrawing at the request of the university are not entitled to any refund of fees.

(B) In order to be eligible for the listed refund, the student's record and account must be free of any administrative hold (see rule 3335-9-16 of the Administrative Code).

(C) If exceptional conditions prevent the presentation of the authorization to withdraw at the office of fees and deposits at the proper time, and if the student has not been able to attend classes during this time, the case should be referred for decision to the university registrar or designee.

(D) If fees are paid under mistake of law or fact, they are returnable in full.

(E) Fees are not returnable except as provided in this rule.

History

  • Effective: August 1, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-19 Instructional and general fees for instructors, graduate teaching associates, graduate research associates, graduate administrative associates, fellows, scholars, and university employees.

(A) "Fees authorized" are those fees which are paid on behalf of a student through university accounts for the purpose of services rendered, employee benefits or student assistance. A fee authorization provides the authority to spend money from whatever account is specified to pay student fees. All fees must be authorized following procedures promulgated by the office of fees and deposits. An approved fee authorization will be processed as an expenditure against the department and account specified.

(B) The payment of instructional and general fees may be authorized, except as specifically prohibited by the university, for those within the following classifications:

(1) Members of the instructional staff of the university, with the rank of instructor and above who were employed before July 1, 1955 and who are registered in the graduate school, and any member of the teaching staff who, on the approval of the appropriate instructor and department chair or director of a school, enrolls as an auditor (rule 3335-9-11 of the Administrative Code).

(2) Graduate teaching associates, graduate research associates, and graduate administrative associates who meet the specified requirements of enrollment and employment may have their instructional and general fees authorized for payment as a benefit for services rendered.

(3) Employees of organizations having specific contracts with the board of trustees of the university whereby fees of persons designated by the agreement are authorized, in whole or in part, in lieu of payment for service rendered by the organization to the Ohio state university.

(4) Undergraduate and professional students eligible for the authorization of fees under scholarship assistance programs.

(5) Graduate students eligible for the authorization of fees under university private, and governmental fellowships and traineeship agreements.

(6) Qualified university employees under the provisions of the fee authorization program as administered by the office of human resources. As a general principle, employees who are members of the administrative or clerical staff of the university will not be permitted to take courses except outside of the prescribed working hours.

(C) The president, subject to the approval of the board of trustees, shall have authority to enter into an agreement with an organization or person not provided for in another category.

(D) A copy of the agreement and the names of person, or persons, designated to sign and certify fee authorizations will be filed with the office of human resources. All agreements shall contain information as to who is responsible for the overall administration of fee authorizations for these programs. Problems of coordination and individual cases that need interpretation of the rules concerning fee authorizations shall be referred for decision to the office of human resources.

(E) In all cases where interpretation and application of the rules specified herein are required, the question shall be referred for decision to the office of human resources.

History

  • Effective: August 1, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-20 Improper admission or registration.

Admission or registration may be cancelled by the director of undergraduate admissions or the university registrar in cases of improper registration or when false or incomplete information is provided on the application for admission, registration forms, or other official documents. No credits earned subsequent to such cancellation and prior to proper admission or registration shall be entered upon the permanent record of the student. Students whose admission or registration is cancelled are not entitled to any refund of fees.

History

  • Effective: September 1, 2001
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-21 Absences.

Each department, college, or school may make its own rules relative to occasional absences by students from scheduled activities, so long as they are consistent with university policies. Each course instructor may also have rules pertaining to individual absences, so long as they are consistent with department, college, school, or university policies. All rules pertaining to individual absences must comply with applicable federal and state laws, such as federal disability laws, or the Ohio law on accommodating religious observances and applicable univerity policies, including but not limited to, those pertaining to disability and religious accommodation.

Last updated March 20, 2024 at 8:58 AM

History

  • Effective: March 20, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-22 Group absences.

(A) Whenever possible, group absences shall be planned so that they do not conflict with regularly scheduled classes.

(B) When a student misses class in order to participate in a university sanctioned event, such as a field trip for another class, or an athletic or band event, or a specially scheduled class or examination scheduled in accordance with rule 3335-8-15 of the Administrative Code, it is the student's responsibility to present, at the earliest possible date, documentation of the required absence to each instructor whose class is to be missed. Documentation may include a copy of the course syllabus that shows the scheduled activity from a class scheduling an event or special session, or a memo from the instructor, coach, or person in authority requiring the absence. It shall be the responsibility of the instructor of the class or coordinator of the event causing the student to miss class to provide such documentation to the student. This documentation may be the basis of an excuse for an absence from class under the policies provided in rule 3335-9-21 of the Administrative Code.

(C) Instructors of the regularly scheduled classes which have been missed by students attending special sessions or examinations should make reasonable efforts to assist students who miss a class due to authorized absence. The instructor, however, is not obligated to provide make-up classes, laboratory exercises, field trips, or examinations. The student is responsible for material covered in class during the absence. If an examination will be missed, the student should make alternate arrangements prior to the absence with the instructor of the class.

History

  • Effective: August 6, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-15

(A) No instructor shall change the hour or place of meeting of any class to which a student has been assigned except with the approval of the office of the university registrar

(B) Instructors who deviate from regular university schedules by holding special sessions or examinations must have received approval from their department chair, regional campus dean and director or college dean to hold such special sessions or examinations. Such instructors shall accommodate students who may have conflicts because of required attendance in regularly scheduled classes. This rule does not apply to policies for the scheduling of final examinations which are provided in rule 3335-8-20 of the Administrative Code.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-23 Minimum scholastic requirements.

(A) Rules 3335-9-23 to 3335-9-28 of the Administrative Code shall apply only to undergraduate students (as defined in rule 3335-9-01 of the Administrative Code). The academic standards controlling warning, probation, and dismissal of professional and graduate students shall be established by rule of the faculties of the college in which the professional student is registered, or of the graduate school if the student is a graduate student; provided, however, that an undergraduate professional student shall not be dismissed from the university unless they have first been placed on probation following their most recent past quarter, semester, or term of enrollment.

(B) Application of rule to transfer students. For the purpose of this rule the point-hour ratio of a transfer student from another university, who is admitted to advanced standing in this university shall be computed only upon work done at this university.

(C) Requirements and definition. A cumulative point-hour ratio (see rule 3335-8-26 of the Administrative Code) of at least 2.00 is required for graduation (see rule 3335-9-30 of the Administrative Code). Students below a 2.0 will remain eligible to enroll at the university, subject to the terms of their probation, as long as they have not been academically dismissed. Deficiency points are applied only to the records of students whose cumulative point-hour ratio is below 2.00 and are defined as the number of credit points a student would have to earn to bring their cumulative point-hour ratio up to that level. Deficiency points may be calculated by subtracting the total number of credit points earned from twice the total number of credit hours attempted for which calculable grades ("A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+," "D," "E," or "EN") were given.

Last updated October 16, 2023 at 9:20 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-28

Any student who may be reinstated by a college or school following academic dismissal shall be subject to such special requirements as may be determined appropriate by the dean of the college or director of the school. If the performance record of any reinstated student does not meet the conditions of probation specified at the time of reinstatement, then the college or school in which the student is registered shall determine whether the student is to be dismissed or continued on probation.

History

  • Effective: August 5, 1996
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-26

(A) The point-hour ratio of a student shall be computed by dividing the sum of the applicable number of credit hours (as defined in paragraph (B) of this rule) in which the marks "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+," "D," "E," or "EN" have been given into the sum of the credit points (see rule 3335-8-25 of the Administrative Code) assigned for such hours.

(B) When determining the point-hour ratio of a student:

(1) For a semester, summer term or session, the "applicable number of credit hours" shall be the student's scheduled credit hours in that semester, summer term, or session.

(2) For the student's work in the university, the "applicable number of credit hours" shall be the total number of credit hours undertaken in the university except as modified by paragraph (A)(2) or (B) of rule 3335-8-27.1 of the Administrative Code.

(3) For the student's work in the graduate school, the "applicable number of credit hours" shall be the total number of graduate credit hours undertaken while enrolled in the graduate school. For the student's work in a professional college or school or professional division of a college, the "applicable number of credit hours" shall be the total number of credit hours undertaken while enrolled in the professional college or school or professional division of a college.

(4) For the student's work in the major field of interest, the "applicable number of credit hours" shall be the total number of credit hours undertaken in courses approved for the major program.

(C) No college of medicine point-hour average shall be computed for a student enrolled in the college of medicine in a curriculum leading to the degree, doctor of medicine, when that student has received only the marks of "H," "S," or "U" in the college of medicine.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-30

To obtain an undergraduate baccalaureate degree from this university, an undergraduate student must:

(A) Have earned a minimum of thirty semester credit hours through regular course enrollment at this university.

(B) Have been enrolled in the college or the school recommending that degree during the last semester, summer term, or session necessary to complete degree requirements. The executive committee of the college or the school recommending the degree may, on petition by the student, waive this requirement.

(C) Have satisfactorily completed the number of credit hours required for the curriculum being pursued. The minimum number of credit hours required in each curriculum shall include the credit hours required under rule 3335-8-07 of the Administrative Code. Credit hours required to satisfy admission conditions shall not be used to satisfy the requirements of rule 3335-8-07 of the Administrative Code. Credit hours are considered as "satisfactorily completed" only if the student has received, at this university, the mark "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+," "D," "EM," "K," "S," or "PA" or "PE" in those hours (see rule 3335-8-21 of the Administrative Code).

(D) Have earned credit points (see rule 3335-8-25 of the Administrative Code) totaling at least twice the number of credit hours attempted at this university for which calculable grades ("A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+," "D," "E," or "EN") were given.

(E) Have satisfactorily met all additional college and curricular requirements for the degree involved.

(F) Have filed an application for the degree in accordance with rules prescribed by the college or school.

(G) Except for paragraph (B) of this rule, waiver of any part of this rule in the case of individual students may be made only by the council on academic affairs following prior approval by the appropriate executive committee. The executive vice president and provost shall transmit all affirmative actions of the council on academic affairs under this paragraph to the secretary of the student's college and to the university registrar for notation on the student's permanent record.

Last updated October 16, 2023 at 9:21 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-27

Notice of dismissal from the university shall be sent by the dean of the college in which the dismissed student is registered.

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-26 Academic dismissal.

If the student's college or school considers a student's progress as unsatisfactory in meeting the conditions placed on their probation, the college or school shall be empowered to dismiss the student from the university. An exception to this authority for undergraduate professional students shall be in accordance with paragraph (A) of rule 3335-9-23 of the Administrative Code. Notice of the dismissal shall be sent to the student by the dean of the college or the director of the school in which the student was registered for the semester, summer term, or session, except as provided in rule 3335-9-27 of the Administrative Code. No student shall be subject to academic dismissal unless they are currently on probation.

Last updated October 16, 2023 at 9:21 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-29 Degrees and certificates.

(A) Degrees and certificates shall be awarded undergraduate and professional students by the board of trustees upon recommendation of the college or school faculties and the university senate, transmitted to the board by the president.

(B) Degrees and certificates shall be awarded graduate students by the board of trustees upon recommendation of the graduate council and the university senate, transmitted to the board by the president. (See rule 3335-5-35 of the Administrative Code.)

Last updated October 16, 2023 at 9:21 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-35

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

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

History

  • Effective: September 3, 2008
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-07

All undergraduate students must complete a program of general education coursework enabling them to acquire and develop a breadth of knowledge, skills, and perspectives that cross disciplinary boundaries and extend to areas outside of majors, minors and other specialized study programs. The specific structure and requirements for general education shall be defined by the faculty in accordance with faculty rule 3335-5-27 of the Administrative Code.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-21

The official marks of the university are as follows: "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+," "D," "E," "EM," "EN," "NEN," "I," "K," "P," "PA," "PE," "NP," "R," "S," "U," "W." These marks shall have the following meaning:

(A) "A," "A-"

The instructor judged the student to have satisfied the stated objectives of the course in an excellent manner. The student's performance was judged to be in this range of high quality based upon a comparison with other students in the course, and/or with students who have taken the course previously, and/or the instructor's personal expectations relative to the stated objectives of the course, based on the instructor's experience and expertise.

(B) "B+," "B," "B-"

The instructor judged the student to have satisfied the stated objectives of the course in an above-average manner. The student's performance was judged to be in this range of above-average quality based upon a comparison with other students in the course, and/or with students who have taken the course previously, and/or the instructor's personal expectations relative to the stated objectives of the course, based on the instructor's experience and expertise.

(C) "C+," "C," "C-"

The instructor judged the student to have satisfied the stated objectives of the course in an average manner. The student's performance was judged to be in this range of average quality based upon a comparison with other students in the course, and/or students who have taken the course previously, and/or the instructor's personal expectations relative to the stated objectives of the course, based on the instructor's experience and expertise.

(D) "D+," "D"

The instructor judged the student to have satisfied the stated objectives of the course in a low but acceptable manner. The student's performance was judged to be in this range of below average but acceptable quality based upon a comparison with other students in the course, and/or with students who have taken the course previously, and/or the instructor's personal expectations relative to the stated objectives of the course, based on the instructor's experience and expertise.

(E) "E"

The instructor judged the student not to have satisfied the stated objectives of the course. Credit for a course in which the mark "E" has been received can be obtained only by repeating and passing the course in class (see rules 3335-8-23 to 3335-8-28 of the Administrative Code).

(F) "EM" - examination

(1) This mark indicates credit given to students registered in the university on the basis of examinations taken prior to or after admission to the university. The level of achievement which must be demonstrated by the student on these examinations in order to receive "EM" credit (except advanced placement credits) shall be determined by the department or school in which the course is offered for credit, in accord with the criteria for the award of letter grades. This credit shall be assigned only upon the authorization of the chair of the department or the director of the school and with the approval of the authorized representative of the dean or director of the student's enrollment unit.

(2) Examination credit shall not be given to a student for a course in which the student has received a mark at this university or for which the student has transfer credit from some other college or university. No credit points are allowed for courses in which a mark of "EM" is given.

(G) "I" - incomplete, "IX" - extension of incomplete

(1) An "I" indicates that the student has completed a major portion of the work in the course in a satisfactory manner, but for reasons judged by the instructor to be legitimate, a portion of the course requirements remains to be completed.

(2) The mark "I" shall be reported to the office of the university registrar together with the mark which the university registrar is authorized to enter on the student's official record unless a different mark is reported to the office of the university registrar in the manner and within the time described in this rule.

(3) The student must complete the work so that the instructor of the course may report the final mark at the earliest possible time, but not later than noon of the sixth Saturday of the semester, or session, following that in which the "I" was received. For legitimate reason the instructor may establish a deadline for the completion of the work which is within the maximum time permitted. Upon petition of the student within this period, the instructor or, if the instructor is unavailable, the chair of the department involved, may for good reason allow a student additional time in which to complete the work. An extension beyond the date grades are due for the semester, or session following that in which the "I" was received requires concurrence of the instructional unit's dean, director, or college secretary. Any decision extending the period shall set forth the time in which the student shall complete the work and a copy of the decision shall be forwarded to the office of the university registrar. This approved extension will appear on the record as an "IX" mark.

(4) As soon as the incomplete work has been made up, the instructor, or in the case of the instructor's absence from the university, the department chair or the director of the school, shall file the proper mark in the office of the university registrar. Until such time as a final mark is recorded the credit for the mark "I" or "IX" shall be counted as hours only, and shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code.

(5) In no case shall a student who has received the mark "I" or "IX" be permitted to repeat the course in which such mark was received until such time as the "I" or "IX" has been removed and then only in such cases as fall within rule 3335-8-28 of the Administrative Code.

(H) "K" - credit

This mark shall be used for work credited from other institutions by the director of undergraduate admissions only. "K" credit shall be counted as hours only and shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code.

(I) "EN" E, non-attendance

This mark shall be used to indicate that the student was properly registered for the course, but failed to complete the course because of non-attendance. It does not differentiate between the student who never attended or stopped attending at some point during the academic term.

When assigning this mark, an instructor must also provide some indication (e.g. day or week of the academic term) of when the student stopped attending the course.

This mark shall be treated as an "E" for the purpose of calculating a student's point-hour ratio.

(J) "P" - progress

This mark is used to indicate that the student has shown satisfactory progress in a series or sequence of courses where the mark is not recorded until the final semester, or session of the series or sequence is completed. Until such time as a final mark is recorded, the mark of "P" shall be given and the credit shall be counted as hours only, and shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code. When a final mark is submitted by the instructor, all previous "P" marks shall assume and be recorded with the value of this final mark.

(K) "PA" - pass, "NP"

  • non-pass

(1) The grade pass "PA" means the student has satisfied the stated objectives of the course, and the grade non-pass "NP" is the equivalent of the grade "E."

(2) These marks may be used at the option of undergraduate or continuing education students only, subject to the following conditions:

(a) This grading pattern may be chosen for a maximum of twenty credit hours, provided the student has an accumulated point-hour ratio of 2.0 or higher.

(b) An undergraduate student may elect this option for courses that are not required or designated as required electives in the curriculum leading to the degree for which the student is a candidate.

(c) Hours graded pass "PA" count toward the minimal number of hours required for a degree. Pass or non-pass marks ("PA," "NP") are not computed in the point-hour average of the student.

(d) Before close of business of the fourth Friday of a semester or summer term; the second Friday of a seven-week session during a semester or a six- or eight-week session during summer term; or the first Friday of a four-week summer session, a student must have declared intention to take a course on this basis by filing the appropriate form with the dean or director of the student's enrollment unit. A student may not change to or from this option after this same deadline.

(L) "PE" - emergency pass

(1) In the event that exceptional circumstances is declared all courses for that semester normally graded A-E shall be recorded as follows:

(a) Undergraduates graded D+ or D shall be recorded by the registrar as "PE."

(b) Graduate students graded C+, C, C-, D+, or D shall be recorded as "PE."

(c) A grade of E shall be recorded as "NP", and the "EN" mark shall be recorded as "NEN".

(2) "Exceptional circumstances" is defined as widespread circumstances outside the control of students and instructors that may adversely affect academic performance.

(3) Exceptional circumstances are declared by the senate, or by the provost following a recommendation from the council on enrollment and student progress and confirmation by the senate steering committee.

(4) Hours graded "PE" count toward the minimal number of hours required for a degree but are not computed in the point-hour average of the student.

(5) The "PE" grade shall revert to the letter grade reported by the instructor upon student petition to the registrar. Petitions shall be made before the end of the second succeeding semester or summer term, but prior to graduation. Such a reversion is irrevocable.

(6) Policies requiring certain grades for progression in a sequence, admission to a program, or academic standing would be unaffected by this system. Accommodations to allow use of "PE" grades these cases remain at the discretion of the individual program or college.

(7) In any semester in which exceptional circumstances have been declared by senate or provost, the deadline for a student to withdraw from a course without petition as defined in paragraph (E) of rule 3335-8-32 of the Administrative Code shall be extended by three weeks in fifteen-week semesters and a proportional amount in shorter sessions.

(8) Grade forgiveness used for a course taken during a semester in which exceptional circumstances have been declared by senate or provost will not counting toward the three-course limit defined in paragraph (C) of rule 3335-8-27.1 of the Administrative Code.

(M) "R" - registered to audit

(1) This mark indicates that the student has registered to audit the course and has met the conditions established for audit enrollment in the course. No credit hours shall be awarded for this mark (see rules 3335-8-29 and 3335-8-33 of the Administrative Code).

(2) Before close of business of the fourth Friday of a semester or summer term; the second Friday of a seven-week session during a semester or a six- or eight-week session during summer term; or the first Friday of a four-week summer session, a student must have declared intention to take a course for audit or to change from a credit to an audit basis by filing the appropriate form with the dean or director of the student's enrollment unit. A student may not change to or from the audit option this same deadline.

(N) "S" - satisfactory, "U" - unsatisfactory

(1) The mark "S" may be used to record either satisfactory progress in or completion of work, provided that the course has been approved for this mark by the dean of the college offering the course, and in the case of courses carrying graduate credit, by the dean of the graduate school. It shall be used as an alternative to "U" or "I" in all individual studies courses whatever their number. "S" credit shall be counted as hours only, and shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code.

(2) The mark "U" shall be used for unsatisfactory work in courses in which a student would be entitled to the mark of "S" if the student's work had been satisfactory. No credit shall be given for work marked "U." This mark shall not be considered in determining a student's point-hour ratio under rule 3335-8-26 of the Administrative Code.

(O) "W" - withdrew

(1) This mark is used for students withdrawing from one or more courses or from the university.

(2) See rule 3335-8-32 of the Administrative Code for procedures and provisions governing withdrawals.

Last updated April 8, 2021 at 1:56 PM

History

  • Effective: April 2, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-25

(A) Credit points shall be assigned on the following basis:

For each credit hour of "A,"4.0 credit points shall be allowed

For each credit hour of "A-,"3.7 credit points shall be allowed

For each credit hour of "B+,"3.3 credit points shall be allowed

For each credit hour of "B,"3.0 credit points shall be allowed

For each credit hour of "B-,"2.7 credit points shall be allowed

For each credit hour of "C+,"2.3 credit points shall be allowed

For each credit hour of "C,"2.0 credit points shall be allowed

For each credit hour of "C-,"1.7 credit points shall be allowed

For each credit hour of "D+,"1.3 credit points shall be allowed

For each credit hour of "D,"1.0 credit points shall be allowed

For each credit hour of "E,"0.0 credit points shall be allowed

For each credit hour of "EN," 0.0 credit points shall be allowed

(B) All other marks (see rule 3335-8-21 of the Administrative Code) carry no credit points.

History

  • Effective: July 26, 2004
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-31 Requirements for a graduate degree.

To obtain a graduate degree from this university, a graduate student must have met the minimum requirements established by the graduate council and approved by the board of trustees, and have filed an application for the degree in accordance with rules prescribed by the graduate council.

History

  • Effective: August 1, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-32 Requirements for a professional degree.

(A) To obtain a professional degree from this university, a student must meet the minimum requirements established by the college or school recommending the degree. In establishing such minimum requirements, the college or school shall include or exceed the minimum requirements stipulated by the appropriate accrediting body. Such graduation requirements shall be subject to approval by the council on academic affairs and shall be filed with the secretary of the board of trustees.

(B) Waiver of minimum requirements may be made by the faculty of the college or school recommending the degree or by a committee approved by that faculty. Requests for such waiver may be initiated by student petition or by the dean or director. The council on academic affairs shall be notified each semester, summer term, or session term of such actions.

History

  • Effective: July 13, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-32.1 Requirements for certificate of study.

A certificate of study may be awarded concurrent with or following the student's receipt of a baccalaureate degree. Award of such certificates shall attest to demonstrated competence in a coherent academic curriculum, program, or area of study.

(A) To obtain a certificate a student must:

(1) Have been or be enrolled in the university during the last semester, summer term, or session of work necessary to complete the certificate requirement. In addition, the student must meet any residency requirement established by the college or school recommending the certificate.

(2) Have earned through regular course enrollment a minimum of thirty semester credit hours in an approved certificate program. No certificate program shall require enrollment in and credit for more than sixty semester credit hours. At least one-third of all semester credit hours earned in a certificate program shall be at the 4000-level or above. No more than five credit hours in the certificate program may be counted toward the student's undergraduate major or minor. Credit hours used to fulfill the requirements for one certificate may not be counted toward any other certificate.

(3) Have earned the mark of "A," "A-," "B+," "B," "B-," "C+," "C," or "C-" for all courses counted toward the completion of the certificate requirements.

(4) Have attained an undergraduate cumulative grade point average of 2.00 (or a graduate cumulative grade point average of 3.00, as appropriate) in courses used to satisfy the certificate program requirements.

(5) Have satisfactorily met all additional college or school requirements for the certificate involved.

(6) Have filed an application for the certificate in accordance with rules prescribed by the college, or school.

(B) Waiver of any part of this rule in the case of individual students may be made only by the council on academic affairs upon recommendation of the executive committee of the college, colleges, or school. The executive vice president and provost shall transmit all affirmative actions of the council under this section to the secretary of the student's enrollment unit and to the university registrar for notation on the student's permanent record.

(C) The colleges of dentistry, law, medicine, optometry, pharmacy, and veterinary medicine, and the graduate school may establish requirements and conditions, rather than those above, for certificates of study. Such requirements must be approved by the council on academic affairs.

(D) Authority for approval of all certificate programs shall rest with the council on academic affairs. Proposal for graduate certificates must also receive the approval of the graduate council. The president of the university and the university senate shall be regularly informed of council actions in this regard.

Last updated October 16, 2023 at 9:22 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-9-33 Standards for honors at graduation.

(A) Degrees "cum laude," "magna cum laude," and "summa cum laude" may be granted for exceptional achievement in the curriculum of each enrollment unit. The designation "summa cum laude" may be granted only for those students who have achieved at least a 3.90 cumulative point-hour ratio as of the term penultimate to their graduation. The designation "magna cum laude" may be granted only for those students who have achieved at least a 3.70 cumulative point-hour ratio as of the term penultimate to their graduation. The designation "cum laude" may be granted only for those students who have achieved at least a 3.50 cumulative point-hour ratio as of the term penultimate to their graduation.

(1) Should a student not meet the criteria noted in paragraph (A) of this rule as of the term penultimate to their graduation, but meet the criteria based on their cumulative GPA at the time of graduation, they will be considered as having met the criteria to graduate with the appropriately revised recognition.

(2) Should a student meet the criteria noted in paragraph (A) of this rule as of the term penultimate to their graduation, but drop below the threshold with their final cumulative GPA, they will not be considered to lose their Latin honors recognition for graduation.

(B) Eligibility for these honors shall be based on a minimum of sixty credit hours of course enrollment at this university. The marks for all coursework at this university considered toward the degree will be included in calculating a student's eligibility for such honors. Credits in courses graded "S/U," as well as credits earned in repeatable coursework will be considered as counting toward the sixty credit hours. Credits in courses graded "PA/NP," as well as credits earned in coursework repeated in rule 3335-8-28 of the Administrative Code will not be considered as counting toward the sixty credit hours. For a student who has completed sixty credit hours subsequent to application of a fresh start, in accordance with rule 3335-8-26.1 of the Administrative Code, only those marks received for coursework subsequent to fresh start will be considered toward calculating a student's eligibility for such honors.

(C) Standards for graduation "with research distinction in [special subject(s)]," "with honors research distinction in [ ]," and "with honors in [ ]" shall be as adopted by the council on academic affairs. Eligibility for these honors shall be based on a minimum of sixty credit hours of course enrollment at this university. The marks for all coursework at this university considered toward the degree will be included in calculating a student's eligibility for such honors. Credits in courses graded "S/U" and credits earned in repeatable coursework will be considered as counting toward the sixty credit hours. Credits in courses graded "PA/NP" and credits earned in coursework repeated in rule 3335-8-28 of the Administrative Code will not be considered as counting toward the sixty credit hours.

(D) Beyond these minimal requirements the enrollment units may establish additional stipulations for graduation "cum laude," "magna cum laude," and "summa cum laude."

Last updated October 16, 2023 at 9:22 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-28

(A) Except as specified by rule 3335-8-27 of the Administrative Code, undergraduate students who have received a mark of "E," "EN," or "NP" in a course at this university may repeat the course for credit at their option.

(B) Undergraduate or professional students, as defined in rule 3335-9-01 of the Administrative Code, who have received a mark of "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "D+," "D," "EM," "K," or "PA" in a course at this university may repeat the course for credit only upon the recommendation of the authorized representative of the dean or director of their enrollment unit.

(C) A graduate student, as defined in rule 3335-9-01 of the Administrative Code, may repeat for credit any course when approval is given by the student's adviser.

(D) A student who has audited a course may subsequently repeat the course for credit only upon receiving permission of the authorized representative of the dean or director of the student's enrollment unit.

(E) The credit hours for a repeated course shall in no case be counted more than once in meeting graduation requirements. When a student repeats a course, both grades appear on the student's record and both are used in computing the point-hour ratio, except as modified by rule 3335-8-27.1 of the Administrative Code.

History

  • Effective: August 1, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-8-26.1

(A) An undergraduate student who re-enrolls in the university after an absence of five or more years may petition the dean or director of their enrollment unit to recalculate the cumulative point-hour ratio of their previous residency. If the petition is approved, all courses taken will remain on the permanent record. Those with marks of "A," "A-," "B+," "B," "B-," "C+," "C," "C-," "EM," "K," "PA," "PE," or "S" will be counted for credit only. No other marks will be counted for credit.

(B) If the petition is approved, the student resumes their academic program with no cumulative point-hour ratio, and thereafter is subject to the conditions of warning, probation, and dismissal that govern all students (see rules 3335-9-24 to 3335-9-28 of the Administrative Code).

(C) Under the provisions of this rule a student, before graduation, must be re-enrolled for a minimum of:

(1) Thirty credit hours and

(2) Two academic semesters or one semester and one summer term.

(D) Unless a student has completed sixty credit hours subsequent to the application of a fresh start, in accordance with rule 3335-9-33 of the Adminisatrative Code, all courses ever taken at the university will be used in the calculation of the cumulative point-hour ratio required for the purposes of graduation with honors.

(E) The graduate school and graduate professional colleges may formulate appropriate modifications of this rule, subject to approval by the council on academic affairs, and shall publish the rule in their bulletin or graduate handbook.

Last updated October 16, 2023 at 9:03 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15

Chapter 3335-11 Discipline of Students

Ohio Adm.Code 3335-11-01 General discipline.

(A) The president shall have the final responsibility and authority for the discipline of all students of the university. The president may delegate this responsibility and authority (see paragraph (E) of rule 3335-1-03 of the Administrative Code).

(B) The deans of colleges and of the graduate school, the directors of schools, and the chairs of departments, respectively, are responsible to the president through regular disciplinary channels for the discipline of all students in the activities of their respective colleges, schools, and departments.

History

  • Effective: June 23, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-03

(A) The president.

(1) The president shall be the chief executive officer of the Ohio state university and shall be responsible for the entire administration of the university, subject to control of the board of trustees. The president shall lead in fostering and promoting education, research and outreach as the primary aims of the university. It shall be the duty of the president to enforce the bylaws, rules and regulations of the board of trustees, and, as a member of the faculty, to interpret to the board proposals and actions of the faculty. The president is hereby clothed with the authority requisite to that end.

(2) The president shall be a voting member of all college faculties, of the graduate school faculty, and of the faculty of the arts and sciences, and shall be a voting member and presiding officer of the university faculty and of the university senate. The president shall appoint all committees of the university faculty and of the university senate, unless membership has been designated by rule.

(3) After consultation with the steering committee of the university senate, the president may recommend to the board of trustees candidates for honorary degrees. The number of candidates so recommended shall be limited to eight per calendar year. This right and its limitation in no way abrogates the power of the university senate to recommend candidates for honorary degrees (rule 3335-5-41 of the Administrative Code).

(B) Executive vice president and provost. The executive vice president and provost shall, under the direction of the president, be responsible for and have the requisite authority for the oversight of all academic programs and other instructional and faculty affairs of the university, and shall be the chief academic officer of the university. The fifteen colleges shall have a solid line reporting structure to the executive vice president and provost. The executive vice president and provost shall report to the president.

(C) Executive vice president and chief executive officer of the Wexner medical center. The executive vice president and chief executive officer of the Wexner medical center shall, under the direction of the president, be responsible for and have the requisite authority for the oversight of the institution's healthcare enterprise, including the planning and delivery of medical services, patient safety and satisfaction, operation, oversight and coordination of all clinical entities, the development and strategic allocation of resources, budgeting and fiscal performance, philanthropic performance, and hiring and review of Wexner medical center executive performance. The executive vice president and chief executive officer of the Wexner medical center and the executive vice president and provost will cooperate to coordinate clinical activities of the health sciences colleges in order to align strategic efforts of the Wexner medical center and academic affairs. Specifically, for clinical-related components, the college of medicine shall have a solid line reporting structure, and the remainder of the health sciences colleges shall have a dotted line reporting structure, to the executive vice president and chief executive officer. The executive vice president and chief executive officer shall have oversight of the comprehensive cancer center. The executive vice president and chief executive officer shall report to the president with a dotted line reporting relationship to the Wexner medical center board to enable communication and consultation with the Wexner medical center board.

(D) Senior vice president for business and finance and chief financial officer. The senior vice president for business and finance and chief financial officer shall, under the direction of the president, be responsible for and have the requisite authority for the administration of the university's business, financial and administrative operations. The senior vice president for business and finance and chief financial officer shall report to the president and, as appropriate, shall consult with the executive vice president and provost.

(E) Senior vice president and general counsel. The senior vice president and general counsel shall serve as the chief legal advisor to the president, board of trustees, and university, including its Wexner medical center. The senior vice president and general counsel shall also be appointed an assistant attorney general for the state of Ohio by the Ohio attorney general. The senior vice president and general counsel shall report to both the board of trustees and the university president.

(F) Faculty and staff. Within parameters set forth by action of the board of trustees, the president and/or his or her designee(s) shall have the authority to appoint and set the compensation for such other administrative officers, faculty and staff as are necessary to carry out effectively the operation of the university and delegate functions to them with the authority necessary for their proper discharge.

(G) Delegation of authority. Any authority or responsibility of the president may be delegated by the president to any other member of the faculty or staff of the university, subject to any limitations set forth by action of the board of trustees. Although the president may delegate authority to appropriate officials, the president will retain final authority and responsibility for administration of the university and the Wexner medical center. Delegation of major areas of authority or responsibility shall be in writing and shall be reported to the board of trustees prior to implementation.

(H) President's cabinet. The president shall convene a president's cabinet that will consist of such members as designated by the president. The primary responsibilities of the president's cabinet shall be to provide advice and counsel to the president, to discuss, deliberate and serve as the primary decision-making body on major university policy issues, information sharing, and such other roles as the president shall determine.

(I) Principal administrative officials. The term "principal administrative official" shall include the members of the president's cabinet, the deans of the colleges and the dean and directors of regional campuses and their designated staffs, the director of the university libraries, chairs of academic departments, directors of schools and academic centers, and such other administrative officials as determined by the president.

Last updated March 20, 2024 at 8:58 AM

History

  • Effective: March 20, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-02 Disruption.

(A) No student, faculty, staff, visitor, or other person shall, with an intent to disrupt university authorized activities:

(1) Obstruct the lawful movement of any person or persons about the campus, into or out of any university building or facility, or within any university building or facility and fail to desist when so ordered by an authorized university official;

(2) Obstruct the movement of vehicular traffic on the streets of the university, and fail to desist when so ordered by an authorized university official;

(3) Occupy a university building or facility in such a manner as to prevent others from carrying out university authorized activities and fail to depart when informed by an authorized university official that they are disrupting university authorized activities and must depart;

(4) Interfere with the conduct of a class, office, laboratory, or other university authorized activity by shouting, chanting, marching, throwing objects, or otherwise creating such a disturbance that the authorized activity cannot, in the judgment of an authorized university official, be carried on, and fail to desist when so ordered by an authorized university official;

(5) Employ force or violence or the explicit threat of force or violence, to prevent any person or persons from carrying out university authorized activities

(6) Damage public address systems, video displays, laboratory equipment, computer systems, or other property used for the carrying out of university authorized activities;

(7) Solicit any person or persons to violate paragraphs (A)(1) to (A)(6) of this rule, knowing that there is a clear and present danger that such violations will occur (but a person shall not be charged with soliciting unless a violation of paragraphs (A)(1) to (A)(6) of this rule occurs as a result of this solicitation).

(8) This rule shall not be interpreted as proscribing peaceful demonstrations, peaceful picketing, a call for a peaceful boycott of classes or other forms of peaceful dissent.

(B) Any student found guilty of the conduct proscribed in paragraphs (A)(1) to (A)(7) of this rule shall be subject to maximum sanction of dismissal or any lesser disciplinary sanction pursuant to rule 3335-11-02.1 of the Administrative Code.

(C) Non-students charged with the conduct proscribed in paragraphs (A)(1) to (A)(7) of this rule shall be referred to an appropriate authority.

(D) Definitions.

(1) The phrase "with an intent to disrupt" shall be taken to mean that a person knows or reasonably should know that their act or acts will have the consequence of preventing others from carrying out university authorized activities.

(2) The phrase "to obstruct" shall be taken to mean making the movement of a person or vehicle from one place to another difficult or impossible; it shall not be taken to mean making that movement inconvenient.

(3) The phrase "university authorized activity" shall be taken to mean any activity that the university conducts, sponsors, or permits to be carried out on the campus or in any university building or facility.

(4) The phrase "an authorized university official" shall be taken to mean any person to whom the university has delegated authority to supervise a building or facility, or any part of a building or facility, or to supervise the movement of people and vehicles on the campus.

(5) The phrase "campus" shall be taken to mean university owned or controlled property.

Last updated October 16, 2023 at 9:22 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-02.1

(A) The council on student affairs shall recommend to the president, subject to the approval of the board of trustees, a list of attorneys, unaffiliated with the university, who shall be authorized to act as hearing officers to preside over disciplinary proceedings under rule 3335-11-02 of the Administrative Code. One such attorney shall be designated by the president as chief hearing officer, whose duties shall include:

(1) Assisting the council on student affairs in preparing and enacting procedural rules to guarantee due process, including, but not limited to, the procedural recommendations contained in the report and recommendations of the university committee on rights and responsibilities (the Ohio state university, September 15, 1968);

(2) Selecting hearing officers as needed from the approved list;

(3) Reviewing every case in which sanctions have been recommended, to determine whether such sanctions should be imposed or reduced, or whether the case should be dismissed or remanded for further hearing;

(4) Forwarding completed cases to the vice president for student life for administrative implementation in accordance with their final determination by the chief hearing officer;

(5) Hearing on appeal student disciplinary cases, not including university actions relating to academic failure or violations of a code of professional ethics or of an honor code of these colleges or academic units having such codes, where an appeal is taken by any student from any such action by the student's college, university committee, or other properly authorized university adjudicatory body, only in those cases where the penalty assessed was suspension, dismissal, or expulsion.

(B) That an array of hearing panelists, large enough to allow at least three panels, shall be selected by lot consisting of:

(1) Faculty members,

(2) Undergraduate students,

(3) Graduate and professional students, and

(4) Administrative staff members.

Any person selected to serve as hearing panelist may be exempted from such service if that person declines.

(C) The chief hearing officer shall, by lot, select from the array hearing panels, each composed of two faculty members, two undergraduate students, one graduate or professional student, and one administrative staff member. The hearing panels shall have original jurisdiction to hear cases of alleged student violation of rule 3335-11-02 of the Administrative Code brought before it by authorized university officials, make findings of fact, determine a verdict, and, in the event of a guilty verdict, to recommend sanctions.

(D) The university and the defendant shall have the right to challenge for cause. The hearing officer shall hear challenges for cause.

Last updated September 29, 2023 at 9:12 AM

History

  • Effective: July 30, 2010
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-02.2 Pending criminal law suit.

(A) Whenever a criminal court exercises jurisdiction over acts which allegedly constitute a disruption by university rules, the university shall not exercise jurisdiction, except in an extraordinary case. In such a case, the university may bring the student before a hearing officer and panel to determine whether the student poses a clear and present danger of repeated or continued violation of rule 3335-11-02 of the Administrative Code. If the panel finds that such a danger exists, it shall recommend that the student's continued enrollment be dependent on the imposition of strict disciplinary probation, under such terms and conditions as the hearing officer may specify (except that the student may not be deprived of university scholarship, loan, grant-in-aid, or employment).

(B) The term of probation shall last until such time as the hearing officer finds that the danger no longer exists. This finding may be initiated by the officer or upon petition by the student.

(C) If a probation violation is alleged to have occurred, the student will be subject to an immediate hearing before a hearing officer. If found in violation of probation, the student will be temporarily suspended or dismissed from the university pending a full hearing.

Last updated September 29, 2023 at 9:12 AM

History

  • Effective: August 18, 1986
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-03 Organized activities.

(A) The vice president for student life shall promulgate regulations governing all organized activities which are university connected and in which students or the spouses of students participate.

(B) These regulations shall include a requirement that each registered organization shall have an adviser, selected by the student organization from members of the faculty or administrative and professional staff. In accepting responsibility the adviser agrees to maintain contact with the organization so as to be familiar with its program and personnel. In addition, the adviser shall be responsible for advising the organization as to its program and personnel, having in mind not only the objectives of the particular group but also the purposes of the university, one of which is to foster a spirit of free inquiry in a setting which provides for open-minded, objective, and critical evaluation of the ideas expressed.

History

  • Effective: July 2, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-04 Eligibility of students.

(A) The vice president for student life shall promulgate regulations governing the eligibility of students for participation in all organized activities. (See rule 3335-11-03 of the Administrative Code.)

(B) Participation in activities as a part of regular course work shall not be construed as participation in an organized activity for the purpose of rule 3335-11-03 or 3335-11-04 of the Administrative Code.

History

  • Effective: July 30, 2010
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-05 Promulgation of regulations.

Before promulgating the regulations authorized under rules 3335-11-03 and 3335-11-04 of the Administrative Code and before amending such regulations after they have been promulgated, the vice president for student life shall obtain the recommendation of the council on student affairs. (See rule 3335-5-48.4 of the Administrative Code.)

History

  • Effective: July 30, 2010
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.4

(A) Membership.

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

(1) Six faculty, at least two of whom are members of the senate. The term of service begins in summer session.

(2) Ten students. The term of service begins in summer session.

(a) Three graduate students.

(b) Two professional students.

(c) Four undergraduate students. Two of these students shall have a term of service of one year. Two of these students shall have a term of service of two years, with one student selected each year.

(d) One student from a regional campus selected by the undergraduate student government.

(3) Three staff members, appointed by the vice president for student life. The term of service is one year and begins in summer session.

(a) One non-voting student affairs staff member to act as the secretary for the council.

(b) A student affairs staff member from a regional campus.

(c) A college office student affairs staff member.

(4) Three administrators, non-voting.

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

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

(c) The director of student activities or designee.

(5) Alternates.

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

(B) Duties and responsibilities.

(1) Initiate recommendations and review proposals regarding policies that may affect the quality of student life.

(2) Make regulations pursuant to the rules of the university faculty, the bylaws, and the statutes, insofar as they pertain to the quality of student life.

(3) Advise the vice president for student life regarding the programs, services, and activities of the division.

(4) Establish study groups, committees, and other mechanisms as needed to explore issues affecting the quality of student life and make recommendations regarding these issues to the vice president for student life, the senate, and other appropriate groups.

(5) Advise other university departments and administrative units regarding proposed changes within those departments and units that may affect student rights and responsibilities.

(6) Approve policies that govern the registration, rights, privileges, and obligations of student organizations, including but not limited to fraternities and sororities, student publications, and student government. This responsibility may be delegated by the council to appropriate committees or administrative agencies.

(7) Serve as a channel of communication for the work of all other committees, permanent and ad hoc, that address issues within the domain of the council on student affairs and establish mechanisms by which such committees report regularly to the council on student affairs and through it to the university senate.

(8) Conduct periodic reviews of the application of the "Code of student conduct." Recommend to the senate any proposed changes to the "Code of student conduct."

(9) Serve as the sole administrative body for any student activity fees. This responsibility may be delegated by the council to appropriate committees or administrative agencies.

(C) Organization.

(1) The chair shall be elected from among the incoming and continuing student members of the committee during the last meeting of spring semester. For purposes of this election, all incoming and continuing members shall be eligible to vote; incoming and continuing members may choose alternates if necessary.

(2) The council shall establish operating procedures to conduct, in an orderly fashion, the functions of the council.

(3) As a standing committee of the senate, this council is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated October 16, 2023 at 8:49 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-06 Student use of university facilities.

(A) University facilities including outdoor space assigned to a student organization shall be used only for the usual activities of such student organizations. If a student organization desires to use such facilities for purposes other than its usual activities, it shall request permission for such use from the office of student activities.

(B) ) No student, group of students, or registered student organization may announce an activity involving the use of university facilities including outdoor space or may use such facilities for an activity, unless such use has first been approved and scheduled first by the office of student activities, or other office in charge of scheduling for that particular building, as delegated by the office of the university registrar in accordance with rule 3335-13-03 of the Administrative Code.

History

  • Effective: August 5, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-03

(A) University facilities may be scheduled and used only if the meeting is sponsored by at least one of the following: the university; an administrative unit of the university; the president or a member of their staff; a member of the university faculty; a club or committee of faculty members, staff members, or their spouses; or a recognized student organization (see rule 3335-11-03 of the Administrative Code).

(B) The office of the university registrar shall be responsible for the scheduling of and shall have the necessary authority to schedule all university facilities. No meeting shall be scheduled in or announced for any university facility unless permission to use the facility has been obtained in advance from the office of the university registrar. All requests for the use of university facilities shall indicate the nature of the proposed meeting. If the proposed meeting is one to which a guest speaker is to be invited, the request for the use of university facilities shall indicate the name of the guest speaker and shall be submitted to the office of the university registrar at least two weeks prior to the date the meeting is to be held, but such two-week period may be waived by the office of the university registrar if the exigencies of the situation so require and the orderly scheduling of university facilities would not be unduly prejudiced (see rule 3335-5-06 of the Administrative Code).

(C) The word "meeting" as used in rules 3335-5-06, 3335-11-06, and 3335-13-03 of the Administrative Code means any meeting using university facilities to which the faculty, staff, students or public is invited, except regularly scheduled university courses, conferences approved under university procedures, and meetings of state, regional, national or international organizations approved under university procedures.

(D) The responsibility and authority of the office of the university registrar under this rule may be delegated by it to a member of the faculty or of the staff of this university.

Last updated October 16, 2023 at 9:23 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-07 Purpose.

The Ohio union exists for the primary purpose of serving students in their cultural, social, recreational, and leadership activities. The Ohio union is also established to serve the faculty, staff, alumni, and guests of the university.

History

  • Effective: July 30, 2001
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-08 Director.

The director shall be the chief administrator of the Ohio union. The director shall have the general administrative responsibility for the programs and financial affairs of the union. The director shall be responsible to an assistant vice president for student life and report annually to the council on student affairs.

History

  • Effective: July 30, 2010
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-09 The Ohio union council.

(A) The Ohio union council shall consist of eighteen voting members, with service beginning summer term, chosen as follows:

(1) Ten students.

(a) Two graduate students selected by the council of graduate students. Term of service shall be alternating two year terms.

(b) Two professional students selected by the inter-professional council. Term of service shall be alternating two year terms.

(c) Four undergraduate students selected by the undergraduate student government. One student must come from a registered student organization without an office in the Ohio union. Term of service shall be alternating two year terms.

(d) One undergraduate student employees of the Ohio union appointed by the undergraduate student government in consultation with the director(s) of the Ohio union. Term of service shall be one year.

(e) One graduate assistant from the Ohio union, appointed by the council of graduate students in consultation with the director(s) of the Ohio union. Term of service shall be one year.

(2) Two faculty.

Two faculty members, as defined in rule 3335-5-19 of the Administrative Code selected by the chair of the faculty council in consultation with the chair of the council on student affairs. Term of service shall be alternating two year terms.

(3) One staff member.

One staff member shall be appointed by the university staff advisory committee. Term of service shall be two years.

(4) One alumni member.

One alumni members shall be appointed by the Ohio state alumni association in consultation with the council. Term of service shall be one year.

(5) Four at-large.

Four at-large members shall be selected under procedures established and documented by the council. Term of service shall be one year.

(6) Ex-officio non-voting members.

(a) The president of the Ohio union activities board ex-officio non-voting, or designee.

(b) The chair of the council on student affairs, ex-officio non-voting, or designee.

(c) All director(s) of the Ohio union shall be an ex-officio, non-voting member(s) of the council.

(d) A representative of the business and finance office for the Ohio union shall be an ex-officio, non-voting member of the council.

(e) One non-voting student life staff member to act as the secretary for the council appointed by the director of the Ohio union. Term of service is one year.

(7) Reappointment.

All voting members with one year terms are eligible for reappointment three times. All voting members with two year terms are eligible for reappointment once. No individuals holding a voting position shall serve for more than four consecutive years.

(8) Alternates.

Members of the Ohio union council may have an alternate. The chair has responsibility for recording correct voting status. If the member has voting status, the alternate may vote in the event of the member's absence. Ohio union council shall establish rules governing the selection of alternates.

(B) Duties and responsibilities.

(1) Establish general policy on such matters as, but not limited to, financial planning, facility use, student development, public and campus relations. These policies shall guide the administration of the program of the union by the director of the union, but the council shall not serve in an administrative capacity.

(2) Advise the director(s) of the Ohio union regarding the programs, services, and activities of the Ohio union.

(3) Establish committees as needed to explore issues affecting the Ohio union.

(4) Perform duties as assigned by the council on student affairs.

(5) Report monthly to the council on student affairs.

(6) Establish, amend, and maintain operating procedures to conduct, in an orderly fashion, the functions of the council.

(C) Organization.

The chair shall be elected from among the incoming and continuing student members of the council during the last regularly scheduled meeting of spring term. For purposes of this election, all incoming and continuing members shall be eligible to vote; incoming and continuing members may choose alternates if necessary.

History

  • Effective: July 2, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-19

As used in university rules, the term "faculty" shall include persons appointed by the board of trustees with tenure-track, clinical/teaching/practice research, associated, and emeritus faculty titles on full or part-time appointments, with or without salary.

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

(B) "Clinical/teaching/practice faculty": Clinical/teaching/practice faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Clinical/teaching/practice faculty positions are not tenure track positions and are not eligible for tenure.

(C) "Research faculty": Research faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Research faculty positions are not tenure track positions and are not eligible for tenure.

(D) "Associated faculty": persons with clinical practice titles, adjunct titles, visiting titles, and lecturer titles; also professors, associate professors, assistant professors, and instructors who serve on appointments totaling less than fifty per cent service to the university. Persons with tenure-track, clinical/teaching/practice, or research faculty titles may not hold associated titles. Persons holding associated titles are not eligible for tenure and may not participate in the promotion and tenure reviews of tenure-track, clinical/teaching/practice, or research faculty. Associated faculty positions are not tenure track and are not eligible for tenure. Persons with associated titles are permitted to participate in college or academic unit governance where approved by a vote of at least a majority of all of its tenure track faculty and also clinical/teaching/practice and research faculty in those colleges and units where they have been given voting rights. Associated faculty appointments may be made for a maximum of three consecutive years and, with the exception of visiting titles, may be renewed.

(1) Clinical practice faculty: The titles of clinical professor of practice, clinical associate professor of practice, clinical assistant professor of practice, and clinical instructor of practice shall be used to confer faculty status on individuals who have credentials comparable to clinical faculty of equivalent rank and who either provide significant, uncompensated service for which a faculty title is needed or compensated service to the clinical instructional programs in the colleges of the health sciences. Clinical practice appointments are made for the period in which the service is provided. Renewal of no-salary appointments is contingent upon continued significant contributions. Procedures for the promotion of clinical practice faculty members shall be the same as for promotion of clinical faculty.

(2) Visiting faculty: The titles of visiting professor, visiting associate professor, and visiting assistant professor, shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice or research faculty of equivalent rank who spend a limited period of time on formal appointment and in residence at this institution for purposes of participating in the instructional and research programs of the university. A visiting appointment cannot exceed three continuous academic years of service.

(3) Adjunct faculty: The titles of adjunct professor, adjunct associate professor, and adjunct assistant professor, and adjunct instructor shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice, or research faculty of equivalent rank, who provide significant, service to the instructional and/or research programs of the university and who need a faculty title to perform that service. Significant service would include teaching the equivalent of one or more courses, advising graduate students or serving on graduate committees, and serving as a co-investigator on a research project. Such individuals may be either nonuniversity employees or university employees compensated on a noninstructional budget. Adjunct appointments are made for the period in which the service is provided. Renewal of adjunct appointments is contingent upon continued significant contributions. Procedures for the promotion of adjunct faculty members shall be the same as for promotion of tenure, clinical/teaching/practice, or research faculty.

(4) Lecturer: The titles of lecturer and senior lecturer shall be used for all compensated instructional appointments where other titles are not appropriate. Lecturers' responsibilities are limited to teaching as defined in paragraph (A)(2) of rule 3335-6-02 of the Administrative Code.

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

Last updated June 18, 2024 at 8:36 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-10 University recreational sports committee.

(A) The university recreational sports committee shall consist of nineteen voting members, with service beginning summer term, chosen as follows:

(1) Eleven students.

(a) Two graduate students selected by the council of graduate students. Term of service shall be alternating two year terms.

(b) Two professional students selected by the inter-professional council. Term of service shall be alternating two year terms.

(c) Four undergraduate students selected by the undergraduate student government. One student must participate in a department recognized club sport at the time of appointment. Term of service shall be alternating two year terms.

(d) One undergraduate student employee of the department of recreational sports appointed by the undergraduate student government in consultation with the director of recreational sports. Term of service shall be one year.

(e) One graduate assistant from the department of recreational sports, appointed by the council of graduate students in consultation with the director of recreational sports. Term of service shall be one year.

(f) One undergraduate student selected by the director of the sport and wellness scholars program. Term of service shall be one year.

(2) {Enter paragraph text here}

(a) Two faculty members, as defined in rule 335-5-19 of the Administrative Code, selected by the chair of the faculty council in consultation with the chair of the council on student affairs. Term of service shall be alternating two year terms.

(3) One staff member.

(a) One staff member shall be appointed by the university staff advisory committee. Term of service shall be two years. staff member.

(4) One alumni member.

(a) One alumni member shall be appointed by the Ohio state alumni association in consultation with the committee. Term of service shall be one year.

(5) Four at-large.

(a) Four at-large members shall be selected under procedures established and documented by the committee. Term of service shall be one year.

(6) Ex-officio non-voting members

(a) The director of recreational sports shall be an ex-officio, non-voting member of the committee.

(b) A representative of the business and finance office for recreational sports shall be an ex-officio, non-voting member of the committee.

(c) One non-voting student life staff member to act as the secretary for the committee appointed by the director of recreational sports. Term of service is one year.

(d) The associate vice president for the department of facilities operations and development, or designee, shall be an ex-officio, non-voting member of the committee.

(e) The director of the department of athletics, or designee, shall be an ex-officio, non-voting member of the committee.

(f) The director of the school of physical activity and educational services, or designee, shall be an ex-officio, non-voting member of the committee.

(g) The director of the student wellness center, or designee, shall be an ex-officio, non-voting member of the committee.

(h) The chair of the council on student affairs, ex-officio non-voting, or designee.

(7) Reappointment.

All voting members with one year terms are eligible for reappointment three times. All voting members with two year terms are eligible for reappointment once. No individuals holding a voting position shall serve for more than four consecutive years.

(8) Alternates.

Members of the university recreational sports committee may have an alternate. The chair has responsibility for recording correct voting status. If the member has voting status, the alternate may vote in the event of the member's absence. University recreational sports committee shall establish rules governing the selection of alternates.

(B) Duties and responsibilities.

(1) Initiate recommendations and review proposals with regard to policies that may affect the recreational sports facilities and programs.

(2) Make recommendations to the director of recreational sports regarding the usage priority for recreational sports facilities, co-operative recreational sports ventures, and renovation of existing or construction of new recreational sports facilities.

(3) Collect feedback on recreational sports issues in order to evaluate the quality of recreational sports facilities maintenance, daily operations, and programs, recommending changes as appropriate.

(4) Annually review and make recommendations regarding the long-term maintenance plan for recreational sports facilities.

(5) Review all budgets and expenditures of the department of recreational sports and the appropriate portions of budgets and expenditures of all general funds, student life funds, college of education and human ecology funds, and department of athletics funds that contribute to recreational facilities operations and programs.

(6) Deciding the future of the RPAC construction debt service portion of the student recreation fee once the debt service has been retired. Review and make recommendations regarding the annual budget of the department of recreational sports, approve other ancillary student recreational fees, and make recommendations to the vice president of student life annually regarding the student recreational sports fee.

(7) Make recommendations for non-recreational sports use of space, including but not limited to space rental fees.

(8) Serve as a channel of communication for information regarding recreational sports among the office of business and finance, the department of physical facilities, the college of education and human ecology, the school of physical activity and educational services, the department of athletics, the council on student affairs, the athletic council, the undergraduate student government, the council of graduate students, the inter-professional council, faculty council, and the university staff advisory committee.

(9) Report monthly to the council on student affairs.

(10) Establish, amend, and maintain operating procedures to conduct, in an orderly fashion, the functions of the committee.

(C) Organization.

The chair shall be elected from among the incoming and continuing student members of the committee during the last regularly scheduled meeting of spring term. For purposes of this election, all incoming and continuing members shall be eligible to vote; incoming and continuing members may choose alternates if necessary.

(D) Oversight.

Decisions made by the university recreational sports committee are subject to review and approval of the council on student affairs.

History

  • Effective: July 2, 2014
  • Promulgated Under: 111.15

Chapter 3335-13 University In General

Ohio Adm.Code 3335-13-01 Drives and canvassing.

(A) Canvassing or solicitation for funds, sales, or subscriptions are prohibited on university campuses or in university buildings unless written permission therefor shall first have been granted by the office of the university registrar which may seek recommendation regarding requests for permission from appropriate university offices.

(B) The sale of merchandise of any kind whatsoever, or publications or services upon university property, other than by the regularly authorized stores, restaurants, departments or divisions of the university, is likewise prohibited except upon written permission of the office of the university registrar which may seek recommendation regarding requests for permission from appropriate university offices. The responsibility and authority of the office of the university registrar under this rule may be delegated by it to a member of the faculty or staff.

(C) Any persons violating this rule shall be subject, upon proper notice, to eviction from university property or arrest.

History

  • Effective: July 2, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-02 Smoking - tobacco.

The prohibition of the smoking of tobacco within university facilities designated as "no smoking" areas by the authority delegated by the director of administrative services of the state of Ohio has been established to protect the comfort and health of persons who do not smoke or to whom such smoke is objectionable. Further, the smoking of tobacco in such designated areas is a violation of section 3791.031 of the Revised Code, and all violators are subject to prosecution.

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-03 University facilities.

(A) University facilities may be scheduled and used only if the meeting is sponsored by at least one of the following: the university; an administrative unit of the university; the president or a member of their staff; a member of the university faculty; a club or committee of faculty members, staff members, or their spouses; or a recognized student organization (see rule 3335-11-03 of the Administrative Code).

(B) The office of the university registrar shall be responsible for the scheduling of and shall have the necessary authority to schedule all university facilities. No meeting shall be scheduled in or announced for any university facility unless permission to use the facility has been obtained in advance from the office of the university registrar. All requests for the use of university facilities shall indicate the nature of the proposed meeting. If the proposed meeting is one to which a guest speaker is to be invited, the request for the use of university facilities shall indicate the name of the guest speaker and shall be submitted to the office of the university registrar at least two weeks prior to the date the meeting is to be held, but such two-week period may be waived by the office of the university registrar if the exigencies of the situation so require and the orderly scheduling of university facilities would not be unduly prejudiced (see rule 3335-5-06 of the Administrative Code).

(C) The word "meeting" as used in rules 3335-5-06, 3335-11-06, and 3335-13-03 of the Administrative Code means any meeting using university facilities to which the faculty, staff, students or public is invited, except regularly scheduled university courses, conferences approved under university procedures, and meetings of state, regional, national or international organizations approved under university procedures.

(D) The responsibility and authority of the office of the university registrar under this rule may be delegated by it to a member of the faculty or of the staff of this university.

Last updated October 16, 2023 at 9:23 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-03

(A) The vice president for student life shall promulgate regulations governing all organized activities which are university connected and in which students or the spouses of students participate.

(B) These regulations shall include a requirement that each registered organization shall have an adviser, selected by the student organization from members of the faculty or administrative and professional staff. In accepting responsibility the adviser agrees to maintain contact with the organization so as to be familiar with its program and personnel. In addition, the adviser shall be responsible for advising the organization as to its program and personnel, having in mind not only the objectives of the particular group but also the purposes of the university, one of which is to foster a spirit of free inquiry in a setting which provides for open-minded, objective, and critical evaluation of the ideas expressed.

History

  • Effective: July 2, 2014
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-06

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

History

  • Effective: October 29, 1989
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-06

(A) University facilities including outdoor space assigned to a student organization shall be used only for the usual activities of such student organizations. If a student organization desires to use such facilities for purposes other than its usual activities, it shall request permission for such use from the office of student activities.

(B) ) No student, group of students, or registered student organization may announce an activity involving the use of university facilities including outdoor space or may use such facilities for an activity, unless such use has first been approved and scheduled first by the office of student activities, or other office in charge of scheduling for that particular building, as delegated by the office of the university registrar in accordance with rule 3335-13-03 of the Administrative Code.

History

  • Effective: August 5, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-04 Duplication of keys or other access devices.

Except as specifically authorized by the president, their designee, or a university official authorized to make decisions regarding the issuance of university keys or other access devices, no person shall knowingly make or cause to be made any key or other access device for any building, laboratory, facility, or room of the university.

Last updated October 16, 2023 at 9:23 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-05 Control of dogs and other animals.

(A) No person shall permit a dog or other animal under their ownership or control upon the grounds of the university unless it is on a leash or harness not more than six feet in length and under the owner or handler's personal control, unless otherwise permitted to do so by the university. A dog or other animal that is leashed or harnessed but unattended is not under the personal control of its owner or keeper.

(B) No person shall permit a dog or other animal under their ownership or control to enter any university building or housing, except for service animals, therapy animals, support animals, and/or any other type of animal approved by the university to accompany individuals in such areas provided that the person complies with any restrictions or limitations set by the university and such animal remains under the personal control of its owner or handler in accordance with paragraph (A) of this rule. This rule shall not, however, prevent persons from bringing animals into university buildings for approved research purposes or for observation or care by university veterinary personnel.

(C) Any dog or other animal found upon the grounds of the university or in any university building, except as permitted pursuant to the provisions of paragraphs (A) and (B) of this rule, may be taken into custody by university authorities. University authorities may, in their discretion, turn the dog or other animal over to appropriate county or municipal authorities for delivery to the custody of the humane society or other animal shelter. In such an event, the owner or handler must contact the entity to which the animal was delivered to recover the animal in accordance with that entity's rules. The university may further require the owner or handler of such a dog or other animal to reimburse the university for costs incurred in impounding the dog or other animal and turning it over to the control and custody of county or municipal authorities.

Last updated October 16, 2023 at 9:23 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-06 Rights to and interests in intellectual property, patents, and copyrights.

The university shall have a policy or policies on intellectual property, patents, and copyrights (hereinafter referred to as "the policy").

(A) The intellectual properties, patents and copyrights committee of the university senate shall maintain the policy. Specifically, the committee shall review all proposed changes to the policy, and shall also have the power to initiate its own proposed changes to the policy. The chair of the committee shall also be designated as a member of the policy writing group for any revisions to the policy. Revisions shall be promulgated through the university policy process and then recommended to faculty council and the university senate. All substantive revisions to the policy must be approved by the faculty council and the university senate, in addition to the other approvals required by the university policy process. Revisions that are clearly non-substantive and of a technical nature, such as typographical errors, changes in grammar, format, title of administrative and academic units and executives, and cross- references, can be approved solely by the university's director of policy, the vice president responsible for the operation of the technology commercialization office, and the intellectual property, patents and copyrights committee.

(1) Membership, duties, and organization of the intellectual property, patents and copyrights committee shall be in accordance with rule 3335-5-48.19 of the Administrative Code.

(2) The policy on intellectual property, patents, and copyrights shall include specific procedures for appeals to the intellectual property, patents and copyrights committee.

(B) The board of trustees deems it in the best interest of the university, its faculty, staff, and students, and in the interest of the promotion of research and development to provide for participation by faculty, staff, and students in the proceeds from intellectual property conceived or developed by them as determined by the policy. The term "intellectual property" shall be defined in the policy.

(C) The university recognizes that copyright protections are fundamental to the academic mission, and that traditional scholarly and artistic intellectual works created by faculty, staff, and students generally belong to those individual creators. There are, however, instances defined in the policy in which specific rights, titles, and/or interests in copyrightable works created by faculty, staff, and students may vest in whole or in part in the university or other entities. As such, the policy shall establish the ownership of all rights, titles, and interests for copyrightable works created by faculty, staff, and students. The technical meaning of "copyrightable works" shall be defined in the policy.

(D) The policy shall be implemented under the direction of the president of the university or their designees, as determined by the policy.

Last updated June 16, 2023 at 9:16 AM

History

  • Effective: June 15, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.19

(A) Membership. The committee on intellectual property, patents, and copyrights shall consist of eleven members.

(1) Eight faculty members: four tenured faculty, two probationary tenure-track faculty, and two clinical/teaching/practice, research, or associated faculty . Each member is to serve three years with one-third of the members rotating off each year.

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

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

(2) One graduate student.

(3) Two administrators, or their designees.

(a) The vice president for technology commercialization.

(b) Executive vice president for research, innovation and knowledge.

(B) Duties and responsibilities.

(1) Review, recommend, and advise the university senate on matters relating to the university policy on intellectual property, patents, and copyright and faculty rules 3335-13-06 and 3335-13-07 of the Administrative Code.

(2) Convene at least twice per year to review the procedures used in implementing and administering the university policy on intellectual property, patents and copyrights, and where deemed necessary, develop and recommend changes in standards and procedures to the vice president for technology commercialization, the vice president for research, the executive vice president and provost, and other appropriate officers of the university.

(3) Consult with the vice president for technology commercialization, the vice president for research when requested.

(4) Serve as a board to which a researcher may appeal actions of the vice president for technology commercialization, subject to appropriate review of the standards and procedures contained in the policy on patents and copyrights.

(C) ) Organization.

(1) The chair shall be elected from among the continuing faculty members of the committee each spring.

(2) As a standing committee of the senate, this council is also governed by the provisions of rules 3335-5-46 and 3335-5-48 of the Administrative Code.

Last updated June 18, 2024 at 8:37 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-07 Rules governing employee and student participation in companies commercializing intellectual property in which the university or a university affiliate has an interest.

(A) General information.

(1) In order to translate innovations into useful products and services, universities must engage with various outside entities in the commercialization process. Pursuant to section 3345.14 of the Revised Code, the university board of trustees has determined that the interests of the university will be served if employees, including faculty and staff, and students are afforded the opportunity to hold personal financial interests in university technology commercialization companies.

(2) This rule enables employees and students to realize the benefits of commercialization activities while protecting the integrity of the university's teaching, research, and creative expression.

(3) Employees and students are encouraged to make or create intellectual property with commercial potential; however, they shall do so with due regard to the broader teaching, research, and creative expression of the university and in compliance with applicable university policies and state and federal laws.

(B) Applicability and definitions.

(1) The university's interest in intellectual property made or created by its employees and students is determined in accordance with section 3345.14 of the Revised Code, federal law, and the university policy on intellectual property.

(2) This rule shall apply to all employees and students who have a financial or fiduciary interest in or with an entity to which the university or a university affiliate has or intends to assignee, license, transfer, or sell its interest in intellectual property.

(3) A university technology commercialization company (UTCC) is an entity: (a) in which a university employee or student has a financial interest or a fiduciary role, and (b) that has received or is expected to receive an assignment, license, or transfer of an interest in intellectual property of the university or a university affiliate.

(4) Financial interest includes any stock, bond, warrant, option, loan, or any other equity or debt interest in a UTCC, or promise of the same, as well as any paid consulting or employment with a UTCC. Amounts due to employees or students as proceeds distributable to creators pursuant to the university's intellectual property policy are excluded from the definition of financial interest for the purposes of this rule.

(5) Fiduciary role includes serving as an officer or board member of the entity or in any other decision-making role or other position of trust or authority with the entity.

(6) Participate in/participating in/participation in means having a financial interest in or fiduciary role with a UTCC.

(7) Employee refers to all faculty, staff, student employees, graduate associates, and post-doctoral researchers.

(C) Scope and relation to the Ohio ethics law.

(1) This rule creates an exception to sections 102.03 and 102.04 and sections 2921.42 and 2921.43 of the Revised Code (collectively, the "Ohio ethics laws"). Among other things, these laws prohibit public officials from having an interest in the profits or benefits of a public contract entered into by or for the use of the governmental unit with which the employee is connected, or from soliciting or accepting anything of value that is of such character as to manifest a substantial and improper influence upon the employee with respect to the performance of the employee's duties.

(2) Compliance with this rule will provide an employee or student who acquires a financial interest in or a fiduciary role with a UTCC with an exemption from these and other potentially applicable provisions of the Ohio ethics laws.

(3) A failure to comply with this rule could result in a violation of the Ohio ethics laws, which may involve criminal penalties.

(4) Employees and students whose financial and fiduciary interest in an organization is limited to owning less than five per cent equity in the company, may, but are not required to seek technology transfer oversight committee (TTOC) approval.

(D) Administration.

(1) Employees and students participating in UTCCs shall follow all applicable university policies.

(2) Employee and student participation in UTCCs must be approved by TTOC in order for this rule to apply.

(a) Approval of participation in a UTCC will require, at minimum:

(i) Documented pre-approval and disclosure of the employee's or student's outside work or relationship with the UTCC;

(ii) A conflict management plan addressing the employee's or student's proposed participation in the UTCC.

(b) Each agreement between the university and the UTCC, excluding any agreement between a university affiliate and the UTCC whereby its interest in intellectual property is assigned, licensed, transferred, or sold, requires written TTOC approval. At the discretion of the TTOC, institutional agreements that contemplate numerous university purchases may not require approval for each purchase under the agreement.

(3) Supervisors, tenure initiating unit heads, and unit leaders are responsible for monitoring employees' and students' compliance with all applicable university policies and conflict management plans.

(4) Employees and students who wish to participate in a UTCC shall not be involved with any negotiations between the company and the university or a university affiliate.

(5) Supervisors, tenure initiating unit heads, or unit leaders must be actively involved in the development of the conflict management plan(s) relating to a UTCC.

(6) If a supervisor, tenure initiating unit head, or unit leader has a financial interest or is otherwise participating in the UTCC, another administrator more senior to the conflicted individual must be appointed to perform the responsibilities of the supervisor, tenure initiating unit head, or unit leader.

(7) If the TTOC determines that a transaction involving a UTCC is not in the best interest of the university, the transaction shall not be approved.

(8) Employees and students may choose to not seek TTOC approval for their participation in a UTCC; however, the exception provided in paragraphs (C)(1) and (C)(2) of this rule will not apply without TTOC approval and their participation will be subject to applicable laws and university policies.

(E) Responsibilities to the university.

(1) Faculty should not allow their financial interests in a UTCC to adversely influence their teaching, or to interfere with their relationships with other faculty. In particular, research assignments for students should be based on the students' interests and academic development. While faculty are permitted by university policy and this rule to engage in authorized private business activities relating to their university positions, they continue to be responsible for the performance of all of their university teaching, research, and service obligations.

(2) Staff may engage in activities relating to a UTCC during regularly assigned working hours only if they take approved leave or document flexible schedule arrangements with their supervisor. Staff may pursue only those research projects that will advance the missions of the university and the employing unit, without regard to the financial interests of individual employees, and that are authorized by their supervisor, tenure initiating unit head, or unit leader.

(3) Student employees may not engage in activities relating to a UTCC during regularly assigned working hours.

(4) Faculty, staff, and students participating in a UTCC are to at all times clearly represent whether they are acting in their university or UTCC role when conducting professional activities.

(F) Conflict of interest management standards.

(1) University facilities, equipment and other resources may be used for the benefit of a UTCC pursuant only to a sponsored research agreement, facilities use agreement, or other appropriate contractual arrangement.

(2) The conflict management plan may describe the employee's contemplated initial equity interest, debt participation, and/or fiduciary role in the UTCC and provide enforceable milestones for reduction of that interest, participation, and/or role.

(3) Faculty shall not allow their activities with UTCCs to consume a disproportionate amount of their professional attention. Faculty engaged in approved outside activities who are unable to perform all of their university responsibilities must reduce those outside activities or request a reduction of appointment or other approved leave in accordance with university policies. Faculty professional leave should be authorized in accordance with other university policies (e.g. faculty professional leave).

(4) Staff who are unable to perform all of their university duties because of activities in connection with UTCCs must reduce those outside activities or request a reduction of appointment or other approved leave in accordance with university policies.

(5) Research benefiting a UTCC may not be used to satisfy the criteria for a thesis or dissertation if the material is restricted from publication. Faculty must inform the student in writing of any such publication restriction prior to the start of the student's research.

(6) A student may not be employed by or participate in a UTCC in which a faculty member participates if the faculty member has a university supervisory, teaching, evaluation, advising, coaching, or counseling relationship with the student.

(7) Students may be employed by a UTCC, subject to the limitation set forth in paragraph (F)(5) of this rule.

(8) University regulatory review boards including, for example, the institutional review board and the institutional animal care and use committee, may be used for research benefiting a UTCC pursuant to a sponsored research agreement or another arrangement approved by the TTOC, and any other university policies.

(9) Employees may not be the principal investigator in sponsored research projects funded by UTCCs in which they participate if the projects involve approval by the institutional review board or if the projects include veterinary clinical trials involving the use of animals unless provided for by other university policies. For sponsored research not requiring institutional review board or institutional animal care and use committee oversight, faculty or staff may assume the role of principal investigator if a formal conflict management plan approved by the TTOC and the conflicts approval committee is in place.

(10) Agreements for sponsored research projects funded by UTCCs must include, at a minimum, a requirement for full university publication rights and full cost recovery, unless otherwise approved in writing by the vice president for research.

(11) Employees participating in UTCCs approved pursuant to this rule continue to be bound by the university's intellectual property policy and all other applicable university policies.

(12) New intellectual property made or created by faculty or staff who have received TTOC approval for their participation in a UTCC will be owned by the university or university affiliate, unless the TTOC determines otherwise in view of section 3345.14 of the Revised Code, federal law, and the university's intellectual property policy. New intellectual property made or created by faculty or staff who choose to not seek TTOC approval for their participation in a UTCC will be governed by state and federal law and the university's intellectual property policy and not this rule. New inventions and/or discoveries developed by the faculty, staff member or student for the company must be disclosed to the technology commercialization office as required by the university's intellectual property policy.

Last updated December 14, 2022 at 1:41 PM

History

  • Effective: December 14, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-13-08 Research misconduct.

The university shall have a policy on research misconduct ("the policy") issued and maintained by the university research committee. "research misconduct" means fabrication, falsification or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion.

(A) Objectives.

(1) The policy shall aim to protect both the integrity and the reputation of research and scholarship produced by members of the university community.

(2) The policy shall aim to protect the integrity and reputation of the university and its scholars from false or unproven allegations of research misconduct. For this reason, the university assumes that a person accused of research misconduct is innocent of any allegations until the contrary has been established by a final decision reached under the policy and the applicable disciplinary rules or procedures. The procedures undertaken pursuant to the policy are intended to be investigatory, not adversarial.

(B) Jurisdiction.

(1) The policy shall apply to all university personnel who may be involved with research activities, including faculty members, staff, students, research associates and fellows, post-doctoral fellows, and other research trainees.

(2) The policy shall therefore apply to all research and scholarship conducted within the university community, irrespective of the funding source, if any, which supports the research or scholarship.

(3) The terms "research" and "scholarship" shall be broadly construed, including activities ranging from scientific experimentation to artistic expression to research and scholarship in the humanities.

(4) All persons to whom the policy applies, including those accused of research misconduct, have a duty to cooperate with all proceedings under the policy as well as any subsequent investigations. Such cooperation shall include providing research records and other relevant information to the vice president for research and/or their designee.

(C) Confidentiality.

To the extent possible within the law and in accordance with the need to conduct a thorough inquiry, all participants in the actions initiated pursuant to the policy shall keep confidential all information regarding allegations and proceedings until the university process, including any disciplinary action, has concluded and all avenues of appeal under the university rules (if pursued) have been exhausted. The research integrity officers, in consultation with the institutional deciding official, shall be the university officials responsible for determining when a release of information is necessary or appropriate.

(D) Administration of the policy.

(1) The research integrity officers shall be responsible for disseminating the policy to the research community and handling all allegations of research misconduct. In order to foster broad familiarity with the policy, as well as its flexibility regarding changing standards external to the university, the full policy document shall be publicized by the office of academic affairs, the graduate school, the office of human resources, the enterprise for research, innovation and knowledge, the office of research, the university research committee, the office of undergraduate research and creative inquiry, and the university senate.

(2) The institutional deciding official shall designate the research integrity officers as the responsible officials for administering the policy. The research integrity officers shall not be university counsel acting in that capacity, but shall consult with university counsel to ensure that the requirements of the law and university policy are being satisfied.

(E) Administrative actions.

The institutional deciding official may, during proceedings under the policy or any subsequent investigation, take whatever administrative actions that are in their judgment needed to ensure the integrity of the investigation and to protect research funds, material, equipment, or records, or the legitimate interest of research subjects, patients, clients, or research animals.

(F) Definitions.

The key terms for the policy shall be defined in the policy document.

(G) Procedures.

(1) The policy shall describe procedures pertaining, but not limited to: assessing whether an allegation has been made in good faith and has merits; investigating pursuant to such findings; the role of administrators and other individuals in the process; the time line for such investigations; protecting data; reporting to sponsors and clients; and sanctions.

(2) A finding of research misconduct requires that:

(a) There be a significant departure from accepted practices of the relevant research community;

(b) The misconduct be committed intentionally, knowingly, or recklessly; and

(c) The allegation be proved by a preponderance of the evidence.

Last updated March 30, 2026 at 7:39 AM

History

  • Effective: March 30, 2026
  • Promulgated Under: 111.15

Chapter 3335-15 Board of Trustees Authorization to Repeal Rules

Ohio Adm.Code 3335-15-01 The university.

Unless specifically noted, the phrases "the university" and "this university" refer to the basic organization of the educational units of the university as defined by rule 3335-1-05 of the Administrative Code.

History

  • Effective: August 5, 1996
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-05

(A) University organization. For the purpose of administering the various programs of the university, there shall be established educational and administrative units within the university. All educational units, except academic centers as outlined in rule 3335-3-36 of the Administrative Code, of the university shall be established, altered, or abolished only on vote of the board of trustees.

(B) Basic educational organization of the university. The basic organization of the educational units of the university shall be departments, divisions, schools, academic centers, colleges, regional campuses, the graduate school, and the agricultural technical institute.

(1) Schools, departments, and divisions. The unit of the university for instruction, research, and extension in a defined field of learning is the school, department, or division.

(2) Academic centers. The unit of the university for research, instruction, or related service which crosses department, division, school, or college boundaries is the academic center.

(3) Colleges and graduate school. For educational administration the university shall be organized into a graduate school and fifteen colleges. The fifteen colleges are: the college of arts and sciences, the college of food, agricultural, and environmental sciences, the Max M. Fisher college of business, the college of dentistry, the college of education and human ecology, the college of engineering, the Michael E. Moritz college of law, the college of medicine, the college of nursing, the college of optometry, the college of pharmacy, the John Glenn college of public affairs, the college of public health, the college of social work, and the college of veterinary medicine.

(4) Graduate school. The graduate school shall consist of: those members of the university faculty who are approved to give graduate instruction; a graduate faculty; the research and graduate council; and an administration composed of a curriculum committee, an executive committee, the dean, the secretary and such other administrative officers as are necessary to carry out the responsibilities of the graduate school.

(5) Regional campuses. There shall be four regional campuses of the university located at Lima, Mansfield, Marion, and Newark, Ohio.

(6) Agricultural technical institute. The unit of the university for instruction leading to the associate of applied science degree in the agricultural technologies is the agricultural technical institute (Wooster). Regarding matters of administration and operation, the agricultural technical institute shall function as a school in the college of food, agricultural, and environmental sciences.

Last updated September 27, 2021 at 8:24 AM

History

  • Effective: September 27, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-15-02 Power to promulgate rules and regulations.

Rules and regulations for the administration and operation of the university may be promulgated, amended, and repealed by the board of trustees upon its own initiative or upon the recommendation of the university faculty or the university senate.

History

  • Effective: August 5, 1996
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-15-03 Authorization to recommend amendment or repeal of rules and regulations.

(A) The university faculty (either directly or through the university senate) is authorized to recommend through the president to the board of trustees the adoption of detailed rules and regulations for the university faculty. If adopted, these rules shall be called "rules of the university faculty" and shall be amended or repealed under the procedures outlined in the "bylaws of the board of trustees."

(B) The university faculty (either directly or through the university senate) is also authorized to make recommendations through the president to the board of trustees concerning the promulgation, amendment or repeal of the other rules and regulations for the university.

History

  • Effective: August 5, 1996
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-15-04 Authorization to recommend amendment or repeal of "bylaws of the board of trustees".

The university faculty or the university senate is authorized to make recommendations through the president to the board of trustees concerning the amendment or repeal of the "bylaws of the board of trustees".

History

  • Effective: August 5, 1996
  • Promulgated Under: 111.15

Chapter 3335-17 Administration Faculty and Student Members

Ohio Adm.Code 3335-17-01 Administration members.

The twenty-four members from the administration shall consist of the university president, the executive vice president and provost, the senior vice president for business and finance, the vice president for research, the senior vice president of student life, the deans of the fifteen colleges, one dean from the regional campuses for a two-year term as selected by the council of deans, the dean of the graduate school, the dean for undergraduate education and the dean of libraries.

Last updated October 17, 2023 at 5:58 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-17-02 Elections.

The faculty, staff, professional student, graduate student, and undergraduate student members and alternates of the university senate shall be chosen in the manner prescribed by the appropriate constituency as defined in rule 3335-17-03 of the Administrative Code. All terms of service shall begin in the autumn semester following election.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-17-03

The primary responsibility for administering and supervising senate elections shall reside with the faculty council, for the election of faculty members of the senate; council of graduate students, for the election of graduate student members; inter-professional council, for the election of professional student members; undergraduate student government, for the election of undergraduate student members; and university staff advisory committee, for the election of nonbargaining staff members. Each group shall:

(A) Propose procedures and regulations for nominations and elections, consistent with university bylaws; the nomination procedure shall include the opportunity for direct nominations by an appropriate number of electors eligible to vote in an election for the office in question.

(B) Report the results of elections in its constituencies to the senate secretary for certification of senate members. Faculty elections will begin the second week of January and results are to be submitted by the first of March; other constituencies by the fifteenth of May.

(C) Take action to ensure that the time and manner of nominations and elections are well publicized so as to provide reasonable notice to those eligible to participate. Any notices referring to the university senate elections shall be conspicuously designated as such.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-17-04 Apportionment of faculty members.

(A) Seventy-one faculty members shall be apportioned as follows: at least one to represent each of the following faculty constituencies:

College of arts and sciences: division of arts and humanities

College of arts and sciences: division of natural and mathematical sciences

College of arts and sciences: division of social and behavioral sciences

College of food, agricultural, and environmental sciences

The Max M. Fisher college of business

College of dentistry

College of education and human ecology

College of engineering

The Michael E. Moritz college of law

College of medicine

College of nursing

College of optometry

College of pharmacy

The John Glenn college of public affairs

College of public health

College of social work

College of veterinary medicine

OSU Lima campus

OSU Mansfield campus

OSU Marion campus

OSU Newark campus

University libraries

Departments of military science, naval science, and air force aerospace studies

(B) The other faculty members shall be apportioned among the faculty constituencies, such that no more than ten per cent of the total faculty membership of the senate shall be assigned to any one unit listed in paragraph (A) of this rule. The schedule for apportionment shall be reviewed annually and derived from the distribution of tenure-track faculty and shall be proposed by the executive committee of the faculty council and approved by the faculty council.

(C) For the purpose of voting in a senate election, the eligible faculty shall be tenure-track faculty and such clinical track faculty as are authorized for senate service pursuant to rule 3335-7-11 of the Administrative Code. They shall vote only in the election of members from the college or unit in which they hold their primary appoint.

Last updated October 17, 2023 at 5:58 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-7-11

(A) A college or academic unit determines the level of participation in college and departmental structures.

(B) A college or academic unit may, by vote of at least a majority of all of its tenure-track faculty, determine that the clinical/teaching/practice members of its faculty are eligible for election to the university senate.

(C) Following approval by a college or academic unit of eligibility of its clinical/teaching/practice faculty for election to the senate under the foregoing paragraph:

(1) For purposes of selection of university senators, the electorate for the college or academic unit shall be composed of all tenure-track and clinical/teaching/practice faculty.

(2) Any clinical/teaching/practice faculty member appointed by the college or academic unit may stand for election to serve as a representative in the senate.

(3) The minimum and maximum numbers of clinical/teaching/practice faculty from each college or academic unit that may serve as representatives in the senate shall be determined by majority vote of tenure-track and clinical/teaching/practice faculty appointed by that college or academic unit within the limits provided for in paragraph (C)(4) of this rule.

(4) One senator or not more than forty-five per cent of the senators representing that college or academic unit, whichever is greater, may be clinical/teaching/practice faculty of the college or academic unit.

(D) Clinical/teaching/practice faculty will not be eligible to vote on the promotion or tenure of tenure-track faculty or the promotion of research faculty.

Last updated October 16, 2023 at 9:02 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-17-05 Apportionment of graduate student members.

(A) Ten graduate student members shall be elected by the council of graduate students in accordance with its bylaws so as to ensure a diverse representation of graduate programs.

(B) For the purpose of voting for the graduate student delegation to the university senate, each graduate student elector shall be a delegate in the council of graduate students.

History

  • Effective: June 20, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-17-06 Apportionment of professional student members.

(A) Five professional student members shall be elected by the inter-professional council senate in accordance with its bylaws so as to ensure a diverse representation of professional colleges.

(B) For the purpose of voting for the professional student delegation to the university senate, each professional student elector shall be a senator in the inter-professional council.

History

  • Effective: August 5, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-17-07 Apportionment of undergraduate student members.

(A) Twenty-six undergraduate student members shall be elected by the undergraduate student government senate in accordance with its bylaws so as to ensure a diverse representation of student interests.

(B) For the purpose of voting for the undergraduate student delegation to the university senate, each undergraduate student elector shall be a senator in the undergraduate student government senate.

History

  • Effective: August 5, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-17-07.5 Apportionment of staff members.

(A) Five staff members from different campus units shall be selected by the university staff advisory council in accordance with its bylaws.

(B) Non-bargaining unit staff members will be eligible to apply for selection to the five senate positions.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-17-08 Qualifications for membership.

(A) To be eligible for service as members of the university senate:

(1) Faculty members shall be on the roster of the tenure-track faculty, or on the roster of a college or unit's clinical/teaching/practice track faculty who are authorized for senate service pursuant to rule 3335-7-11 of the Administrative Code, and available for senate service autumn and spring semesters during their elected terms.

(2) Staff members shall be on the roster of a college or unit and available for senate service autumn and spring semesters of their elected terms.

(3) Graduate, professional and undergraduate student members shall be in good standing and enrolled each semester.

(4) Faculty, staff, professional and undergraduate student members shall, at all times including the time of election, be members of the constituency which they were elected to represent. The graduate student senators shall be deemed to represent all graduate students.

(5) Faculty or staff that assume an administrative title containing dean, provost or president during the academic year shall not continue to represent faculty or staff into the next academic year.

(B) No person shall represent one constituency while serving as a representative of another.

(C) The requirements for alternate members shall be the same as for members.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-17-09 Amendments.

Amendments to election bylaws shall follow the procedures specified in rule 3335-5-43 of the Administrative Code.

History

  • Effective: November 10, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-43

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

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

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

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15

Chapter 3335-19 Senate In General

Ohio Adm.Code 3335-19-01 Rules of order.

Unless otherwise indicated, all meetings of the senate (throughout these bylaws the word "senate" shall be taken to mean the university senate) shall be conducted in accordance with the latest revision of "Robert's Rules of Order."

History

  • Effective: August 1, 2005
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-02 Meetings.

(A) Regular meetings of the senate shall be held during the autumn and spring semesters. In the spring semester each year the steering committee shall recommend and the senate shall adopt and publish the schedule of regular meetings for the following academic year. This schedule shall include at least seven meetings spread over the academic year. The scheduled shall make every effort to avoid meetings on days of major religious observances. Scheduled meetings may be cancelled by the steering committee when deemed appropriate.

(B) Meetings of the senate shall be held in-person, virtually, or in a hybrid format. Acceptable means of virtual participation, such as teleconferencing or videoconferencing, must allow verification of identity and permit full participation in meetings.

(C) Special meetings of the senate shall be scheduled upon:

(1) Majority vote of senate members present and voting at any meeting, or

(2) Call of the president of the university, or

(3) Call of the steering committee, or

(4) Petition signed by at least twenty-five voting members of the senate and presented to the secretary of the university senate.

(D) If the petition requesting a special meeting specifically requests a meeting at the earliest date and is transmitted with the necessary supporting material for distribution to the membership, then a special meeting shall be called within ten calendar days of receipt of the petition by the secretary of the university senate.

(E) Written notice of the time and place of regular or special meetings, the order of business, and copies of any substantive proposals shall be sent to all members and alternate members at least five days prior to the senate meeting.

(F) At a time of emergency the president shall have authority to call a special meeting without a five day advance notice.

(G) All senate meetings shall be open to the public.

Last updated June 16, 2023 at 9:17 AM

History

  • Effective: June 15, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-03 Agenda.

(A) Every meeting of the senate shall have an agenda. The agenda shall include the time and place of the meeting, order of business, and copies of any substantive proposals.

(B) The steering committee shall establish the agenda for all regular senate meetings. For this purpose, the steering committee:

(1) Shall receive through the university senate office proposals for senate action, or other reports and presentations to the senate from any committee of the senate, or university committee or council, or member of the senate, or any member of the university community.

(2) Shall, as necessary, refer all board and substantive proposals for senate action to appropriate committees for review prior to entering them in an agenda (see paragraph (C) of rule 3335-19-07 of the Administrative Code.).

(3) Shall, as soon as practicable, include in the senate agenda of a regular meeting all germane items submitted to the steering committee through the university senate office.

(a) The steering chair shall, in consultation with appropriate members of the steering committee, make an initial evaluation of germaneness. Items deemed not germane will be returned to the submitter with a written explanation.

(b) If the item is re-submitted with the germaneness addressed, the item shall be placed on the steering agenda.

(i) The steering committee shall evaluate the germaneness of the proposed business and whether it is fully developed. If the proposal is germane and fully developed, it shall be placed on the senate agenda.

(ii) Any proposal deemed not germane for the senate by the steering committee shall be returned with a written explanation. Explanations shall indicate the appropriate constituent body, campus office, administrator, or entity where the issue can be more appropriately addressed.

(iii) The steering committee shall work with proposers to ensure that proposals are developed sufficiently for senate deliberation and vote.

(4) Shall set the agenda so that the scheduled business can be disposed of in a meeting of reasonable duration. The senate holds regular meetings seven times during the course of the academic year.

(5) Shall include with each agenda an estimate of the time necessary to complete the regularly scheduled business of the senate.

(6) Shall advise the senate regarding the need for a special meeting, when necessary to conduct time-sensitive business or when senate business exceeds the capacity of the regularly-scheduled meeting.

(C) The secretary of the university senate shall send and make available electronically copies of the agenda for all senate meetings to all members and alternate members at least five calendar days prior to the meeting.

Last updated June 16, 2023 at 9:17 AM

History

  • Effective: June 15, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-07

(A) Proposals for senate action shall be classified as either routine, board, or substantive, and treated accordingly.

(B) Routine proposals are those that relate to senate business, such as approval of the minutes or acceptance of reports or appointment of committee personnel, and include the call of a special meeting. Such proposals may be introduced and acted upon in any meeting, subject only to the test of germaneness.

(C) Board proposals are those which establish or alter an academic program of study, or rules or bylaws within the senate's purview, and which must be approved by the board of trustees.

(D) Substantive proposals are those which address matters of university policy or university-wide concern, such as the approval of university policies or centers, or of resolutions related to university business or activities. Substantive proposals do not require approval by the board of trustees.

(E) Board and substantive proposals shall be:

(1) Submitted to the university senate office in the complete and exact form intended for senate debate and adoption, and shall be processed by the steering committee following rule 3335-19-03 of the Administrative Code, except that proposals for presentation at a special meeting need not be submitted to the steering committee. If a board or substantive proposal is referred to a committee by the steering committee or by the senate, and any subsequent suggested changes are not acceptable to the originators of the proposal, then the steering committee shall place the original proposal and the suggested changes in the same agenda.

(2) Sent to all members and alternate members of the senate as part of the agenda at least five calendar days prior to the meeting.

(3) Moved and seconded by members of the senate and then opened for floor debate. The proposal may then be amended, referred to committee in whole or in part, tabled, postponed, divided, and/or adopted or rejected.

(a) Amendments offered in floor debate are classified as minor or substantive. A substantive amendment alters the sense or strength of the original proposal. Determination of the status of an amendment is made by ruling of the presiding officer or by vote of the senate. Classification may be made at the time a motion to amend has been made and seconded or after the senate has voted affirmatively in favor of the motion to amend. If a motion from the floor is passed and is declared to be substantive, it cannot become effective until the next meeting of the senate. At that time it must be reconsidered, unless the committee which submitted the original proposal has requested a continuation from the steering committee. In case of a continuation, the steering committee shall, as soon as practicable, place the amendment on the agenda for reconsideration. The party that submitted the original proposal shall be afforded the opportunity to present arguments against the amendment or to move substitute language for the amendment at the time of reconsideration. If substitute language is approved by the senate, the amendment as modified will become effective at that time. If substitute language is defeated or is not presented, the senate shall vote on reaffirmation of the amendment in the form originally passed except for possible changes of a purely editorial nature. The amendment may be reaffirmed and become effective at that time or it may be defeated. (This section may be set aside by a successful motion to suspend the bylaws of the senate as prescribed in paragraph (C) of rule 3335-19-13 of the Administrative Code.)

(F) Substitute statements or suggested amendments which are included in an original proposal and distributed in an agenda shall each be acted upon as a substantive proposal.

(G) Substitute statements or suggested amendments proposed by any senate or university committee or by any member of the senate, shall be received by the steering committee and shall be scheduled in the same agenda as the original proposal.

(H) Prior to a senate vote a proposal that establishes or alters rules or bylaws within the senate's purview shall be reviewed by the rules committee, which may recommend changes in accordance with paragraph (C)(4) of rule 3335-5-47.3 of the Administrative Code.

Last updated October 16, 2023 at 9:25 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-04 Order of business.

(A) The order of business for all meetings shall be as set forth in the agenda, except that the order of business and allocation of time may be altered by an action approved in the meeting. Upon completion of the business described in the agenda, the regular meetings shall proceed in the following order:

(1) Unfinished business

(2) New business

(3) Comments and announcements

(4) Adjournment

(B) A special meeting shall be limited to the purposes stated in its agenda.

History

  • Effective: March 13, 1978
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-05 Floor privileges.

Proposals, measures, and resolutions shall be introduced on the senate floor by members of the senate only. Members of the university community who are not members of the senate may be granted the right to speak, but not to vote, on matters before the senate. When a request is made for this privilege, the presiding officer shall ask the senate for objections and, hearing none, shall grant permission to speak. If objections are raised, the privilege shall be extended only by an action of the senate.

Last updated October 16, 2023 at 9:24 AM

History

  • Effective: October 16, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-06 Quorum and voting.

(A) A simple majority of the voting membership of the senate, whether attending in person or virtually, shall constitute a quorum for the conduct of the senate's business. The same quorum, a simple majority, shall be required of each committee of the senate.

(B) Action by the senate shall be by vote of a majority of members present, except as otherwise required by university rules or by the latest revision of "Robert's Rules of Order."

Last updated March 8, 2022 at 8:37 AM

History

  • Effective: March 8, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-13

(A) These bylaws may be amended as provided for in rule 3335-5-45 of the Administrative Code. Such proposals shall be substantive proposals (rule 3335-19-07 of the Administrative Code) and shall be introduced in the agenda of a regular or special meeting.

(B) The secretary of the university senate, with the concurrence of the rules committee, is entrusted to make non-substantive emendations in diction and grammar, and is authorized to change titles of administrative offices, administrative officers, academic units, or student constituent groups in these bylaws following appropriate action on these title changes by the senate or the board of trustees.

(C) These bylaws may be suspended for a single and designated purpose. A proposal to suspend a provision of the bylaws may be introduced and acted upon in the same meeting, as a routine proposal, provided that the suspension shall be germane to only one specific proposal, and the suspension is affirmed by a two-thirds vote.

History

  • Effective: August 5, 1996
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-47.3

(A) Membership. The rules committee shall consist of eleven members.

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

(2) Three student senators.

(a) One graduate student.

(b) One professional student.

(c) One undergraduate student.

(3) One staff senator, appointed by the university staff advisory committee.

(4) The secretary of the university senate.

(5) Three non-voting, ex-officio members.

(a) Executive vice president and provost, or designee.

(b) Senior vice president and general counsel, or designee.

(c) Recording secretary of the university senate.

(B) Terms of service.

(1) Faculty members shall serve three-year terms and are eligible for immediate reappointment to a second term. Faculty may serve no more than two consecutive terms (six years) on the committee.

(2) Staff members shall serve three-year terms and are eligible for immediate reelection or reappointment to a second term. Staff may serve no more than two consecutive terms (six years) on the committee.

(3) Student members shall serve one-year terms.

(4) Members shall be senators during the first year of their term but may continue to serve on the rules committee after their senate term concludes.

(5) The chair shall be a faculty member and may not serve as chair for more than three successive years.

(6) A chair-elect is elected every spring to serve as chair-elect during the following academic year. The chair-elect serves as chair the academic year thereafter.

(C) Duties and responsibilities.

(1) Be responsible, in cooperation with the secretary of the university senate, for the monitoring of the "Rules of the University Faculty" and of all statutes and bylaws pertaining to the senate.

(2) Ensure that all published rules and bylaws within the senate's purview are up to date, and recommend their republication at such intervals as may be desirable.

(3) Make recommendations for the revision of the procedural rules of the senate.

(4) Before senate action, the committee shall receive all proposed new rules and changes in existing rules. It shall review them and recommend such editorial or other changes it deems necessary to avoid conflict with other rules, to enhance clarity and precision, and to avoid ambiguity.

(5) Initiate rules or changes in existing rules and recommend them to the steering committee for scheduling for senate action.

(6) The secretary of the university senate in agreement with the rules committee may make non-substantive corrections in diction and grammar, and is authorized to correct names of offices, officers, units, credentials or constituents in the bylaws and in the rules without deliberation by the university senate nor by the board of trustees.

(D) Organization.

As a standing committee of the senate, this committee is also governed by the provisions of rule 3335-5-46 of the Administrative Code.

Last updated March 30, 2026 at 7:39 AM

History

  • Effective: March 30, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-08 Reports.

(A) Reports are items on which no senate action other than acceptance is requested. They may be distributed with the agenda and presented by the secretary of the university senate by reporting the title, source, and date of receipt. If an oral presentation of a written report is to be made at the senate meeting, such oral presentation shall be limited to a short summary of the written report and to responses to questions concerning the report from members of the senate.

(B) Any committee of the senate may report to the senate on any matter before the committee. Written notification of intent to present a report shall be submitted to the university senate office, as specified in paragraph (B) of rule 3335-19-03 of the Administrative Code, at least twelve calendar days preceding the senate meeting. The steering committee shall decide whether a written report is required to be included with the senate agenda mailing. Reports coming from a minority of committee members may be brought to senate through the senate office, as specified in paragraph (B) of rule 3335-19-03 of the Administrative Code, or for time-sensative reports, as new business. A majority of the members of the senate present and voting may require a standing committee to report at the next regular meeting of the senate.

(C) Reports for which written versions are not required by the steering committee may be included on the senate agenda. The secretary of the university senate shall be provided with a written synopsis when the report is presented.

Last updated June 16, 2023 at 9:17 AM

History

  • Effective: June 15, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-09 Office of the university senate.

There shall be a permanent office of the university senate, administered by the secretary of the university senate, to facilitate the orderly conduct of the meetings of the senate and the work of the committees of the senate. The office shall also be responsible for maintaining liaison between the senate and university committees. The staff shall consist of the secretary of the university senate and at least one full-time recording secretary.

History

  • Effective: May 8, 1983
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-10 Attendance.

Members of the senate shall attempt to avoid conflicts between their academic schedule and the meetings of the senate and related committees. In the event of unavoidable conflict, it is expected the members will choose that resolution most favorable to their academic obligations. All members are expected to arrange for attendance by an alternate member at those senate meetings the member is unable to attend.

Last updated June 16, 2023 at 9:18 AM

History

  • Effective: June 15, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-11 Minutes and reports of senate meetings.

(A) Official minutes of the senate meetings shall be taken and kept by the secretary of the university senate. A secretary's report of action taken at each meeting of the senate shall be sent to all members and alternate members after each meeting, and approved by senate action in a subsequent meeting.

(B) The official record and minutes of all senate meetings shall be those "secretary's reports on actions of the senate," together with the appropriate supporting and reference documents, as have been submitted to and accepted by the senate. The secretary shall also have taken and have preserved, for reference purposes, verbatim electronic sound recordings of all proceedings in senate meetings.

History

  • Effective: February 19, 1988
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-19-12 Transmittal and record of senate actions.

(A) The secretary of the university senate shall transmit the results of senate actions to the president, board of trustees, and other appropriate agencies

(B) The secretary shall maintain and periodically communicate to the members and alternate members of the senate and to the university faculty a record of those actions of the senate having continuing effect, and not published in the "rules of the university faculty."

(1) At least once each year the secretary shall send a summary of such actions to all members and alternate members of the senate.

(2) A permanent record of such actions shall be maintained in the office of the university senate. This record shall be available for review by any member of the university community.

History

  • Effective: July 4, 1987
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-45

The university senate shall have the power to organize itself and to make such bylaws for its own proceedings as shall not contravene the sections of the Revised Code applying to the university, the "bylaws of the board of trustees," or the "rules of the university faculty." The senate's bylaws may be amended at any time by a majority of senate members present and voting thereon. The bylaws shall also be the subject of review by the rules committee at the beginning of each new autumn session of the senate. The senate bylaws are found in Chapter 3335-19 of the Administive Code.

Last updated October 11, 2023 at 8:41 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15

Chapter 3335-21 Traffic and Parking

Ohio Adm.Code 3335-21-01 General provisions.

(A) Authority; repeal of previous rules. This chapter, governing traffic and parking upon the streets, roadways, property and grounds of the university, are enacted pursuant to authority vested in the board of trustees by Chapters 3335. and 3345. of the Revised Code. All previous rules of the board pertaining to traffic and parking are hereby repealed.

(B) Application of rules; incorporation of state law. This chapter constitute a dual system of enforcement of traffic laws and rules. They are enforceable against faculty, staff, employees, students and agents of the university, as well as visitors to the university. Incorporated by reference into these regulations are all state laws, when applicable, which are enforceable against any person, including the above specified persons, in any court of competent jurisdiction, pursuant to the authority conferred upon the board of trustees by Chapters 3335. and 3345. of the Revised Code. The authority granted to and the obligations of the university in this chapter may be exercised and performed by third parties or agents (including but not limited to the parking operator within its authority under the concession agreement) contracted on behalf of the university to perform such obligations, to the extent of the authority granted by the university under such contract.

(C) Certification and publication of rules. The secretary of the board of trustees shall certify the passage of these rules and cause the same to be published for public distribution in a manner reasonably designed to come to the attention of, and be made available to all faculty, staff, employees, students, and visitors.

(D) Separability. If any part of a rule in this chapter is, for any reason, held to be invalid or unenforceable, such decision shall not affect the validity of any other rule or any other part of a rule not specifically held to be invalid or unenforceable.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-02 Definitions.

As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this rule.

(A) The term "concession agreement" means the "long-term lease and concession agreement for the Ohio state university parking system" between the university and the parking operator.

(B) The term "curb loading zone" means a space adjacent to a curb, which is reserved for the exclusive use of vehicles during loading or unloading.

(C) The term "fee" means a sum extracted of faculty, staff, employees, students, visitors and agents for permits, keycards, parking meters, pay parking facilities, parking fines or services. Fees are established in accordance with schedule five of the concession agreement.

(D) The term "grounds" means all lands belonging to the university or over which the university may have control.

(E) The term "hospital and campus security officer" means an employee of the department of hospital safety and security or campus security who, when authorized, may perform one or more of the following duties:

(1) Direct, regulate or supervise traffic;

(2) Enforce all provisions of these rules pertaining to parking; or

(3) Enforce rules for bicycles.

(F) The term "law enforcement officer" means a law enforcement officer of the university or any officer authorized to direct, regulate or supervise traffic or to issue citations or make arrests for violations of state traffic law.

(G) The term "loading zone" means a space or spaces adjacent to a building, which are designated for the exclusive use of vehicles during loading or unloading.

(H) The term "notice of violation" means a notice given by the university or the parking operator for a violation of any of the provisions of this chapter.

(I) The terms "park" and "parking" mean the standing of a vehicle, whether occupied or not, except while actually engaged in loading or unloading merchandise or passengers.

(J) The term "parking operator" shall have the same definition as the "operator" in the concession agreement. This includes any third parties or agents contracted on behalf of the parking operator to perform parking services. Notwithstanding anything in this chapter to the contrary, if at any time there is no parking operator or to the extent the parking operator is unable to perform its obligations under the concession agreement or has not been granted authority under the concession agreement, then the university shall have the authority granted to the parking operator hereunder.

(K) The term "public safety vehicle" means any of the following:

(1) Ambulances, including private ambulance companies under contract to the university or to a municipal corporation, township or county, and private ambulances and non-transport vehicles bearing license plates issued under section 4503.49 of the Revised Code.

(2) Motor vehicles used by public law enforcement officers, traffic control officers, hospital and campus security officers, or other persons sworn to enforce the criminal and traffic laws of the state.

(3) Any motor vehicle when properly identified as required by the Ohio director of public safety, when used in response to fire emergency calls or to provide emergency medical service to ill or injured persons, and when operated by a duly qualified person who is a member of a volunteer rescue service or a volunteer fire department and who is on duty pursuant to the rules or directives of that service. The state fire marshal shall be designated by the Ohio director of public safety as the certifying agency for all public safety vehicles described in this paragraph.

(4) Vehicles used by fire departments, including motor vehicles when used by volunteer firefighters responding to emergency calls in the fire department service when identified as required by the Ohio director of public safety. Any vehicle used to transport or provide emergency medical service to an ill or injured person, when certified as a public safety vehicle, shall be considered a public safety vehicle when transporting an ill or injured person to a hospital regardless of whether such vehicle has already passed a hospital.

(5) Vehicles used by the commercial motor vehicle safety enforcement unit for the enforcement of orders and rules of the public utilities commission as specified in section 5503.34 of the Revised Code.

(6) Any motorized or non-motorized vehicle used by the university's public safety department.

(L) The term "right of way" means the right of a vehicle or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it or the individual is moving in preference to another vehicle or pedestrian approaching from a different direction into its or the individual's path.

(M) The term "safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or marked or indicated by adequate signs as to be plainly visible at all times.

(N) The terms "stand" and "standing" mean the halting of a vehicle, whether occupied or not, other than for the purpose of and while actually engaged in receiving or discharging passengers.

(O) The term "statute" means any provision of state traffic law which is appropriately enforceable by law enforcement officers on university grounds and property.

(P) The term "stop," when required, means a complete cessation of movement.

(Q) The terms "stop" and "standing," when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or traffic control sign or signal.

(R) The terms "street" or "highway" means the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel.

(S) The term "traffic control officer" means an employee of the Ohio state university authorized by the university to perform one or more of the following duties:

(1) Direct, regulate or supervise traffic;

(2) Investigate traffic accidents; or

(3) Enforce rules for bicycles, skateboards, roller skates, roller blades, coasters, and similar devices.

(T) The term "traffic control device" means all flaggers, signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic including signs denoting the names of streets and highways.

(U) The term "traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop, to proceed, to change direction or not to change direction.

(V) The term "violation" means an act or omission in contravention of any of the provisions of this chapter and/or applicable state statutes.

(W) The term "visitor" means any person who is not either a faculty member, a staff member, an employee, a student, or a contractor, vendor or other agent of the university.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-03 Transportation and parking services.

(A) General functions. The university shall coordinate this chapter, develop ways and means to improve traffic conditions in conjunction with the department of public safety and carry out the specific functions set forth in this chapter. The university will coordinate these functions with the parking operator as it deems necessary or desirable. Such specific functions include, but are not limited to, the following:

(1) Maintenance of a current journal of all official traffic control devices erected on university streets, roadways, property and grounds, indicating the location, and the date of erection;

(2) Regulation of the use of streets, roadways and bicycle paths by vehicles and pedestrians;

(3) Regulation of traffic by means of enforcement personnel of the university or the parking operator and traffic control devices or, when necessary, with the assistance of law enforcement officers of the university or other agencies, and hospital and campus security officers, on streets, roadways, property and grounds of the university on which traffic may be permitted;

(4) Regulation or prohibition of processions on the parts of streets, roadways, property and grounds of the university upon which traffic may be permitted;

(5) Designation of any street or roadway as a through street or roadway or a one-way street or roadway;

(6) Designation of an intersection as a stop intersection where all vehicles shall stop at one or more entrances to such intersection; and

(7) Regulation of the stopping, standing and parking of vehicles on streets, roadways, property and grounds of the university on which traffic may or may not be permitted.

(B) Installation of traffic devices. It shall be a function of the university to determine the installation and proper timing and maintenance of traffic control devices, to conduct engineering investigations of traffic conditions, to plan the operation of traffic on the streets, roadways, property and grounds of the university and to cooperate with other university officials in the development of ways and means to improve traffic conditions.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-04 Administration of violations.

The parking operator shall be responsible for the administrative processing of all parking tickets and notices of violations.

(A) Records of violations. The parking operator shall maintain records of all violations in accordance with the concession agreement.

(B) Investigation of accidents. Traffic control officers shall investigate non-injury related traffic accidents, which occur outside the public roadway, and shall request university police assistance, if needed for such accident investigations. Traffic control officers shall investigate other accidents at the request of the university police.

(C) Accident reports. University police shall maintain all accident reports taken on university property. Such reports shall be maintained and filed in a manner authorized by the chief of police.

(D) Emergency and experimental rules:

(1) The university is hereby authorized to make effective the provisions of these university rules and to make and enforce experimental rules to cover emergencies or special conditions.

(2) The university may test traffic control devices under actual conditions of traffic.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-05 Enforcement generally.

(A) Authority of enforcement personnel.

(1) Law enforcement officers, traffic control officers, hospital and campus security officers and the parking operator shall enforce, to the extent authorized, University rules on university streets, roadways, property and grounds.

(2) The university police, hospital and campus security officers and traffic control officers are hereby authorized to direct all traffic by voice, hand, or signal in conformity with University rules, provided that in the event of a fire or emergency or to expedite traffic or to safeguard pedestrians, such officers may direct traffic as conditions may require, notwithstanding the provisions of this chapter.

(3) Officers of a fire department, when at the scene of a fire or other emergency, may direct or assist in directing traffic at the same place or in the immediate vicinity.

(4) Other staff employed by the university or public safety may, at times, assist with traffic direction.

(B) Obedience to enforcement personnel. No person shall willfully fail or refuse to comply with any lawful order or direction of a law enforcement officer, a fire department official, a traffic control officer, or a hospital and campus security officer.

(C) Application of rules to government vehicles. The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, the state of Ohio and its political subdivisions. No such driver shall violate or fail to comply with any of the provisions of this chapter, except as may be otherwise provided in this chapter or in state statutes.

(D) Assessments for violations. Any faculty member, staff member, student, employee, contractor, agent or visitor who violates or fails to comply with any of the provisions of this chapter is subject to an assessment established in accordance with the concession agreement or the university.

(E) Notice of parking violation. Whenever any vehicle is found parked or stopped in violation of any of the provisions of this chapter, the parking operator or authorized university employee finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously place on such vehicle or provide to the violator a notice of violation.

(F) Noncompliance with notice of parking violation. If a violator of any of the provisions of this chapter does not respond as specified on the notice of violation placed on a vehicle or provided to the violator within the specified period of time, the parking operator may send to the owner of the motor vehicle to which the notice pertains a letter or a copy of the notice of violation informing such owner of the violation and that the related assessment is to be paid. In addition, the parking operator may take whatever other enforcement action it is authorized to do under the concession agreement.

(G) Prima-facie liability for parking violations. In any action charging a violation of rules governing the stopping, standing or parking of a vehicle, there is a prima-facie presumption that the person who has registered such vehicle with the parking operator was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. In the event that the vehicle is not registered with the parking operator, there is a prima-facie presumption that the registered owner of the vehicle was the person controlling, parking or otherwise using the vehicle and committing the violation.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-06 Registration of motor vehicles.

(A) Parking; registration and permit required. No faculty member, staff member, employee or student shall at any time park a motor vehicle on any street, roadway, property or grounds of the university without first registering such motor vehicle with the parking operator and obtaining a permit and displaying such permit on the registered vehicle, unless such vehicle is parked in a pay parking facility or a parking area not controlled by the parking operator. Visitors may not park a motor vehicle on any street, roadway, property or grounds of the university except at parking meters, in pay facilities or by first obtaining a permit and paying the prescribed fee. Contractors, vendors and other agents shall follow the same registration procedures as faculty, staff and students.

(B) Application forms; fees. Registration of motor vehicles, as required in this chapter, shall be made using application for parking permit forms prescribed by the parking operator. Such application forms shall be accompanied by fees established accordance with the concession agreement.

(C) Giving false information. No person shall give false information when registering a motor vehicle or applying for a permit as provided in this chapter. If such information is given by any person, the registration may be held to be invalid and the permit or decal issued may be revoked and such person giving such false information may be denied registration for a period of one calendar year.

(D) Permits generally. Parking permits shall be issued to applicants in accordance with the criteria and the fee paid for such issuance as established by the parking operator and the concession agreement. Registration is not considered complete until the valid permit or decal is appropriately displayed on the vehicle according to instructions on the back of the permit or decal or as otherwise published by the parking operator.

(E) Disability permits. Disability permits, allowing the holders thereof to park in areas other than those for which they already hold permits or in which they are already qualified to park under the rules of the parking operator, may be issued to students, faculty or staff. A university disability permit shall be issued to any individual who already has a valid state disability permit; the university permit will expire when the state permit expires. All vehicles parked in reserved disability spaces shall display the license number corresponding to the license number on the sign.

(1) Special parking locations and privileges for the handicapped shall be provided and designated by the university. Such locations shall be reasonably close to exits, entrances, elevators and garages.

(2) No person who is not handicapped or operating a motor vehicle to transport a handicapped person shall stop, stand or park any motor vehicle at special parking locations provided for the handicapped under this paragraph.

(F) Display of permits; transfer of vehicles. Permits, decals, or cards for the current period, are issued to a specific individual or department, and shall be displayed in a motor vehicle and used in accordance with the rules the parking operator.

(1) Permits - The parking operator shall be notified if new license plates are obtained.

(2) Decals - If a motor vehicle for which a permit has been issued is transferred, or windshield replaced, the decal shall be removed from the vehicle and the remnants presented to the parking operator for issuance of a new decal. If no such remnants are presented for replacement decals the applicant must show proof that the decal is unobtainable, and an affidavit shall be signed certifying that the previous decals have been destroyed and shall assume full responsibility for their unauthorized use if found in service. If the applicant cannot show proof that the decals are unobtainable, the issuance of decals shall be at the established fee for original registration.

(G) Unauthorized use of permit. Parking permits are not transferable to other individuals. Persons having registered vehicles and displaying a permit, may not allow their registered vehicle to be parked on campus by any person other than the registrant. The appropriate assessment shall be made for each violation. This regulation shall not apply in lots not under the control of the parking operator or in pay facilities if the full parking fee is paid.

(H) Defacing, reproduction of and use of revoked permits. No person shall deface, reproduce or use a parking permit, decal or sticker contrary to these regulations and no person shall use a permit, decal or sticker after the same has been revoked.

(I) Parking of unregistered vehicles. No person who is required to register a motor vehicle and display a parking permit, but who has not so registered, shall park such motor vehicle on any street, roadway, property or grounds of the university unless parked in a pay facility or at a paid parking meter. Whoever violates this section shall be charged the appropriate fee.

(J) Reserved parking areas. Certain parking areas, as established in accordance with the concession agreement, may be reserved at all times or at special times. If rules or regulations relating to reservation are promulgated, they shall be effective upon the placement of signs giving notice of such reservation and limitation on parking areas so selected.

(K) Parking authority among campuses. The university has delegated the authority to administer, regulate and enforce traffic and parking on each of the university's regional campuses to the dean/director of their campuses.

(L) Visitor parking. All visitors to the campus shall park in pay parking areas designated by the parking operator or display a valid visitor parking permit.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-07 Impounding.

(A) Disabled vehicles obstructing traffic.

(1) University law enforcement officers or traffic control officers are hereby authorized to remove a vehicle from a street or roadway to the nearest place of safety when a vehicle upon a street or roadway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is unable to provide for its custody or removal.

(2) When a vehicle, left unattended upon a street or roadway, has been removed, and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the university shall immediately give or cause to be given notice to such owner of the facts of the removal, the reasons therefor, and the place to which such vehicle has been relocated.

(3) Whenever an officer removes a motor vehicle from a street or roadway under this rule and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner as hereinbefore provided, and if the vehicle is not returned to the owner within a period of thirty days, then the university shall immediately cause the vehicle to be turned over to the sheriff's department for disposition in accordance with state law applicable to abandoned vehicles. (See section 4513.60 of the Revised Code.)

(B) Other reasons for impounding. In addition to other powers of enforcement, each of the university and, to the extent the following occur within a parking area subject to the concession agreement, the parking operator is hereby authorized and directed to impound any vehicle and hold the same in custody, if such vehicle is:

(1) On a sidewalk;

(2) Within an intersection;

(3) On a crosswalk;

(4) Within thirty feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device;

(5) In any area where such standing or parking would obstruct construction, traffic, or prevent university services from being conducted;

(6) Parked within ten feet of a fire hydrant;

(7) Parked in such a way as to block a driveway or a service entrance, create a hazard to public safety or impede construction or maintenance requirements;

(8) Parked in an area for which "No Parking--Tow-Away Area" or other restrictive signs or traffic control devices are erected;

(9) Subject to unpaid or unsettled notices of violation issued against it in the aggregate amount of one hundred fifty dollars or more; or

(10) An unauthorized vehicle parked in a space or area reserved for persons with disabilities.

(C) An unauthorized vehicle parked in a space or area reserved for persons with disabilities.

(D) Entering an impounded vehicle. A university law enforcement officer or traffic control officer has the right to enter an impounded vehicle if a lost, stolen, altered, reproduced, forged, or revoked permit is in use, or a state issued disability parking placard is displayed which is not assigned to the driver of said vehicle.

(E) Charges and assessments. Any vehicle impounded may be subject to towing and storage charges and all outstanding assessments as established in accordance with the concession agreement.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-08 Assessments and disciplinary action.

(A) Option to pay assessment or appeal. Any person receiving a notice of violation of any of the provisions of this chapter for which payment of an assessment may be made to the parking operator shall have the option of paying such assessment within the time specified in the notice of violation at the office of the parking operator or filing an appeal for final disposition of the alleged violation in accordance with the appeals procedure as established by the parking operator.

(B) Payment of assessment. The payment of an assessment to the parking operator shall be deemed an acknowledgement of the violation of university rules and a breach of contract pursuant to any registration with the university, and the parking operator, upon accepting the prescribed assessment, shall issue a receipt to the violator acknowledging payment thereof.

(C) Failure to pay assessments; revocation of privileges; collection of debt. If a person upon whom a notice of violation is served, or the owner of a vehicle upon which a notice of violation is placed, fails, within fifteen days after service of such notice, to pay the prescribed assessment or to request an appeal, as provided for in this chapter, or fails to pay the prescribed assessment as affirmed on appeal, the parking operator may initiate a procedure to enforce the rules and obtain the assessment against any student, faculty member, staff member, employee or agent of the university or any visitor.

(D) Any person upon whom or upon whose motor vehicle a notice of violation (citation) has been served may, within fifteen days of such service, elect to appeal such citation by filing an appeal. Parking violations shall be appealed to the parking operator. Appeals may be submitted in any manner acceptable to the parking operator. The appeal shall contain, among other things, the identification of the violation notice (citation) and any facts or circumstances relevant to the merits of the appeal. The parking operator shall judge the appeals in accordance with the concession agreement. Non-parking violations may be appealed in the manner prescribed by the university.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-09 Traffic control devices.

(A) Authority to install. The university shall place and maintain traffic control signs, signals and devices when and as required under this chapter to make effective the provisions of this chapter. The university may place and maintain such additional traffic control devices as may be deemed necessary to regulate traffic and parking under these regulations or under state law or to guide or warn traffic.

(B) Conformity with Ohio manual. All traffic control signs, signals and devices shall conform to the specifications of the "Ohio Manual of Uniform Traffic Control Devices." All traffic control devices so erected and not inconsistent with the provisions of state law or rules shall be official traffic control devices.

(C) Obedience to devices. No driver of a vehicle shall fail to obey the instructions of an official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a law enforcement officer, traffic control officer, hospital and campus security officer, or other public safety personnel subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

(D) Signs required for enforcement. No provision of is chapter for which signs are required shall be enforced, and no assessment shall be made against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular rule does not state that signs are required, such rule shall be effective even though no signs are erected or in place.

(E) Interference with devices or signals. No person shall, without lawful authority from the university, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or signal, or any inscription, shield or insignia thereon, or any other part thereof.

(F) One-way streets, roads and alleys. Whenever the university designates a street, roadway or alley as one-way, signs giving notice thereof shall be placed and maintained. No such rule or regulation shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

(G) Restriction on direction during certain periods. The university is hereby authorized to determine and designate streets and roadways, parts of streets and roadways or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, and shall either position law enforcement officers, hospital and campus security officers, or traffic control officers, or place and maintain appropriate markings, signs, barriers or other devices to give notice thereof. The university may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the street and roadway.

(H) Markers, buttons and signs regulating turns. The university is hereby authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. Such course to be traveled as so indicated may conform to or be other than as prescribed by state statute or these rules.

(I) Additional turning restrictions. The university is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or "U" turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.

(J) Regulation of speed. The university is hereby authorized to regulate the timing of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the vicinity or at intersections and shall erect appropriate signs giving notice thereof.

(K) Bus stops and taxicab stands. The university shall establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles on streets and roadways in such places that provide adequate accessibility and safety to the public. Every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs.

(L) Loading zones. The university is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which they may be lawfully used.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-10 Pedestrians.

(A) Rights and duties generally. Pedestrians shall be subject to the traffic control signals provided for in paragraphs (E) and (F) of rule 3335-21-11 of the Administrative Code, but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this chapter or in state statute.

(B) Right of way in crosswalks; overtaking stopped vehicles.

(1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if necessary to so yield, to a pedestrian crossing the street or roadway within a crosswalk when the pedestrian is upon the half of the street or roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the street or roadway as to be in danger.

(2) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

(3) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the street or roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(C) Crossing streets and roadways. No pedestrian shall cross a street or roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a crosswalk.

(D) Right of way of motorists.

(1) Every pedestrian crossing a street or roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the street or roadway.

(2) Any pedestrian crossing a street or roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all traffic upon the street or roadway.

(E) Soliciting rides or business from motorists.

(1) No person shall stand in a street or roadway for the purpose of soliciting a ride, employment or business from the occupant of a vehicle.

(2) No person shall stand on or in proximity to a street, roadway or parking area for the purpose of soliciting a sale or the watching or guarding of a vehicle while such vehicle is parked or about to be parked on a street, roadway or parking area.

(F) Responsibility of drivers. Notwithstanding the provisions of these rules, every driver of a vehicle shall exercise due care to avoid colliding with a pedestrian upon a street or roadway, shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing a child or a confused or incapacitated person upon a street or roadway.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-11

(A) Passing of buses. A vehicle may pass a bus receiving or discharging passengers only when:

(1) The bus is receiving or discharging passengers at a bus stop where a recess allows the bus to be located off the main roadway.

(2) The roadway has been marked to provide two or more lanes of traffic in the same direction.

(3) The driver of a vehicle overtaking and passing upon the left side of a bus that has stopped for the purpose of receiving or discharging passengers, when such overtaking and passing is permitted, may proceed only upon exercising due caution for pedestrians.

(B) Obedience to markers, buttons and signs regulating turns. When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning at the same place, no driver of a vehicle shall disobey the directions of such indications.

(C) Obedience to markings, signs, etc. regulating direction of travel. When markings, signs, barriers or other devices are placed to designate streets, roadways or parts thereof upon which vehicular traffic shall proceed in one direction only during one period of the day, no person shall operate a vehicle in a manner contrary to the direction of such markings, signs, barriers or other devices.

(D) Obedience to stop signs.

(1) Except when directed to proceed by a law enforcement officer, a traffic control officer, or a hospital and campus security officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, or if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting street or roadway where the driver has a view of approaching traffic on the intersecting street or roadway before entering it.

(2) After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another street or roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of streets or roadways.

(E) Obedience to yield signs.

(1) The driver of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, or if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting street or roadway where the driver has a view of approaching traffic on the intersecting street or roadway before entering it.

(2) After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another street or roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of streets or roadways. Whenever a driver is involved in a collision with a vehicle in the intersection or junction of streets or roadways, after driving past a yield sign without stopping, the collision shall be prima-facie evidence of the driver's failure to yield the right of way.

(F) Blocking intersections. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

(G) Damaging curbs, sidewalks or traffic control devices. Any person having charge of a vehicle who drives into or against any curbing, sidewalk or traffic control device along a street or roadway, thereby cracking, breaking or otherwise injuring the same, and any person who cracks, breaks or otherwise injures or defaces the same in any manner, shall be responsible for the repair or replacement of the damaged curb, sidewalk or traffic control device.

(H) Driving through or around gate arms. No person shall drive a vehicle through, under or around a gate arm while such arm is in the guarded position.

(I) Failure to control. No person shall operate a motor vehicle or motorcycle upon a street or roadway or on any public or private property other than streets or roadways without exercising reasonable and ordinary control over such vehicle.

(J) Speed; assured clear distance.

(1) Speed limits. The speed limit on university streets or roadways shall be twenty-five miles per hour or as posted by official traffic control devices placed by transportation and parking services upon the basis of engineering and traffic investigations.

(2) Slow speed. No person shall operate a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or to comply with law.

(3) Assured clear distance. No person shall operate a motor vehicle in and upon a street or roadway at a speed greater or less than is reasonable or proper, having due regard for the traffic on and the surface and width of the street or roadway and any other condition, and no person shall drive any motor vehicle in and upon a street or roadway at a greater speed than will permit him or her to bring it to a stop within the assured clear distance ahead.

(K) Reckless operation on streets, public or private property. No person shall operate a vehicle on any street or roadway in willful or wanton disregard for the safety of persons or property.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-12 Emergency and public safety vehicles.

(A) Privileges of drivers. The driver of an authorized emergency vehicle or public safety vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire or other emergency alarm, may exercise the privileges set forth in this regulation, but subject to the conditions herein stated. The driver of an authorized emergency vehicle or public safety vehicle may:

(1) Park or stand, irrespective of the provisions of these regulation;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as he or she does not endanger life or property; and

(4) Disregard regulations governing direction of movement or turning in specified directions.

(B) Operation of vehicles on approach of authorized emergency or public safety vehicles. The exemptions herein granted to an authorized emergency vehicle or public safety vehicle shall apply only when the driver of any such vehicle, while in motion, sounds an audible signal by bell, siren or exhaust whistle, as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying authorized emergency light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle, except that an authorized emergency vehicle or public safety vehicle operated as a police vehicle need not be equipped with or display an authorized emergency light visible from in front of the vehicle.

(C) Driver's responsibility. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons using a street or roadway, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.

(D) Vehicles approaching emergency vehicles.

(1) Upon the immediate approach of an authorized emergency vehicle or public safety vehicle making use of audible and visual signals meeting the requirements of these regulations and/or state law, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a law enforcement officer, hospital and campus security officer or traffic control officer.

(2) Paragraph (D)(1) of this rule shall not operate to relieve the driver of an authorized emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons using the street or roadway.

(E) Following emergency or public safety vehicles. The driver of a vehicle, other than an emergency vehicle or a public safety vehicle on official business, shall not follow an emergency vehicle or a public safety vehicle, traveling in response to a fire alarm, closer than five hundred feet, or drive into or park such vehicle within the block where the fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a law enforcement officer, traffic control officer, hospital and campus security officer or firefighter.

History

  • Effective: September 23, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-13 Bicycles, motorized bicycles and toy vehicles.

(A) Application of rules to bicycles. The provisions of this chapter that are applicable to bicycles shall apply whenever a bicycle is operated upon a street or roadway or upon a path set aside for the exclusive use of bicycles, subject to the exceptions stated in this rule.

(1) Every person riding a bicycle upon a street or roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle governed by this chapter, except for special rules and regulations and except for those provisions of these this chapter which by their nature can have no application.

(2) Any person operating a bicycle shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles or pedestrians, unless otherwise directed by a law enforcement officer, traffic control officer, hospital and campus security officer, or public safety.

(3) Whenever authorized signs are erected indicating that no right, left or "U" turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the rules applicable to pedestrians.

(B) Registration: A person riding or propelling a bicycle upon university property, grounds, streets or roadways, or parking such bicycle upon university property, should register such bicycle with the department of public safety.

(C) Riding on streets, roadways, bicycle paths and grounds.

(1) Every person operating a bicycle upon a street or roadway shall ride as near to the right side of the street or roadway as practical, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(2) Every person operating a bicycle upon university streets, roadways, bicycle paths or grounds shall at all times operate such bicycle with due regard to his or her own safety and the safety of other persons legally upon such streets, roadways, bicycle paths or grounds.

(3) Every person operating a bicycle upon university streets, roadways, bicycle paths or grounds shall yield the right of way to pedestrians on crosswalks and sidewalks.

(4) Every person operating a bicycle upon a bicycle pathway shall yield the right of way at designated yield signs or markings.

(5) Every person operating a bicycle upon university property or grounds shall be restricted to bicycle paths in those areas of the campus where such paths exist.

(6) Wherever a usable path for bicycles has been provided adjacent to a street or roadway, bicycle riders shall use such path and shall not use the street or roadway.

(D) Parking. No person shall park a bicycle other than in a bicycle rack or designated bicycle parking area.

(E) Signage. The university is hereby authorized to erect signs on any sidewalk, street or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey the same.

(F) Use of skateboards, roller skates, roller blades, coasters, or similar devices. Persons using skateboards, roller skates, roller blades, coasters, or any similar device on university premises are limited to riding upon sidewalks and crosswalks and must yield the right of way to pedestrians, bicyclists, and motorists. The use of skateboards, roller skates, roller blades, coasters, or any similar device is prohibited in all other areas, including without limitation, upon roadways or bicycle paths; inside any university building; in any parking lot, garage, or construction area; or upon site furniture, architectural elements, walls, steps, ramps, or site improvements.

(G) Notices of violation. The operator of a bicycle in violation of any of the provisions of this chapter may be issued a notice of violation by a law enforcement officer or a hospital and campus security officer of the university.

(H) Impounding of bicycles, skateboards, roller skates, roller blades, coasters or similar devices. Any bicycle, skateboard, roller skate, roller blade, coaster, or similar device used in violation of any of the provisions of this chapter may be impounded by and held in the custody of university or the parking operator until there is final disposition of all issued notices of violation. Any impounded bicycle, skateboard, roller skate, roller blade, coaster, or similar device held in custody by the university or parking operator for longer than ninety consecutive days may be disposed of through an approved university process. A bicycle, skateboard, roller skate, roller blade, coaster, or similar device that the university or the parking operator has determined has been abandoned may be impounded by the university or the parking operator after it has been tagged for removal.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-14 Parking generally.

(A) General prohibition. No person shall stop, stand or park a vehicle on the streets, roadways, land or property and grounds of the university except in areas and at the times and under the conditions specified by this chapter or by signs posted by order of the university or the parking operator.

(B) Curbside parking. Except as otherwise provided in this chapter, every vehicle stopped or parked upon a two-way street or roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within twelve inches of the right-hand curb.

(C) Angle and parallel parking.

(1) On those streets, roadways or parking areas which have been signed or marked by transportation and the parking operator for angle or parallel parking, no person shall park or stand a vehicle other than at the angle or position indicated by such signs or markings.

(2) No person shall park or stand a vehicle in a parking space so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space.

(3) No person shall park or stand a vehicle in a parking space in violation of posted signs designating "Head In Parking Only."

(D) Stopping, standing or parking prohibited in specified places. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with state statute or rules or the directions of a law enforcement officer or traffic control device in any of the following places:

(1) On a sidewalk, except a bicycle;

(2) In front of a public or private driveway;

(3) Within an intersection;

(4) Within ten feet of a fire hydrant;

(5) On a crosswalk;

(6) Within twenty feet of a crosswalk at an intersection;

(7) Within thirty feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device;

(8) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the entrance to any fire station, within seventy-five feet of the entrance when it is properly posted with signs;

(9) Within twenty feet of a driveway entrance to any fire station and, on the side of the street or roadway opposite the entrance to any fire station, within seventy-five feet of the entrance when it is properly posted with signs;

(10) Alongside or opposite any street or roadway excavation or obstruction when stopping, standing or parking would obstruct traffic;

(11) Alongside any vehicle stopped or parked at the edge or curb of a street or roadway;

(12) Upon any bridge or other elevated structure upon a street or roadway or within a street or roadway tunnel;

(13) Within one foot of another parked vehicle;

(14) At any place where signs prohibit stopping;

(15) On any lawn, grass or landscaped area;

(16) In any area, zone or parking space to which access, or in which parking, is prohibited by the placement of barricades authorized by the department; or

(17) Along painted yellow curbs.

(E) Obstruction of traffic. No person shall park a vehicle upon a street or roadway, other than an alley, in such manner or under such conditions as to leave available less than ten feet of the width of the street or roadway for free movement of vehicular traffic.

(F) Parking in alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet of the width of the alley for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.

(G) Overnight parking. No person shall park a vehicle on a street or roadway between the hours of three a.m. and five a.m. of any day without a proper permit, except authorized emergency and public safety vehicles and vehicles assigned disability parking spaces.

(H) Parking for sale or service. No person shall park a vehicle upon a street or roadway for the principal purpose of:

(1) Displaying such vehicle for sale; or

(2) Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency.

(I) Parking on narrow streets or roadways.

(1) The university is hereby authorized to erect signs prohibiting parking upon a street or roadway when the width of the street or roadway does not exceed twenty feet, or upon one side of a street or roadway, as indicated by such signs, when the width of the street or roadway does not exceed thirty feet.

(2) When official signs prohibiting parking are erected upon streets or roadways, no person shall park a vehicle upon any such street or roadway in violation of any such sign.

(J) Standing or parking on one-way streets or roadways.

(1) The university is hereby authorized to erect signs upon the left-hand side of a one-way street or roadway to prohibit the standing or parking of vehicles. When such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.

(2) If a roadway includes two or more separate streets and traffic is restricted to one direction upon any such street, no person shall stand or park a vehicle upon the left-hand side of such one-way street unless signs are erected to permit such standing or parking. The department is hereby authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way street and to erect signs giving notice thereof.

(K) Stopping, standing or parking in hazardous congested places.

(1) The university is hereby authorized to determine and designate by proper signs places not exceeding one hundred feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

(2) When official signs are erected at hazardous or congested places, as authorized, no person shall stop, stand or park a vehicle in any such designated place.

(L) Loading zones.

(1) Passenger curb loading zones. No person shall stop, stand or park a vehicle for any purpose or period of time, other than for the expeditious loading or unloading of passengers, in any place marked as a passenger curb loading zone during hours when the rules applicable to such zone are in effect, and then only for a period not to exceed three minutes unless otherwise marked.

(2) Freight loading zones. No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a freight loading zone during hours when the rules applicable to such zone are in effect, and then only for a period not to exceed the posted time limit.

(M) Bus stops and taxicab stands.

(1) The operator of a bus shall not stand or park such vehicle upon a street or roadway at any place other than a bus stop so designated as provided in this chapter.

(2) The operator of a bus shall not stop such vehicle upon a street or roadway at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided in this chapter, except in an emergency.

(3) The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a street or roadway in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position, with the right front wheel of such vehicle not farther than eighteen inches from the curb and the bus approximately parallel to the curb, so as not to unduly impede the movement of other vehicular traffic.

(4) The operator of a taxicab shall not stand or park such vehicle upon any street or roadway at any place other than in a taxicab stand so designated as provided in this chapter. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking rules at any place for the purpose of and while actually engaged in the expeditious loading and/or unloading of passengers.

(5) No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

(N) Moving of vehicle. No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such distance as is prohibited by this chapter.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-21-15 Stopping, standing or parking permitted, restricted or prohibited on certain streets, roadways and parking areas.

(A) Rules not exclusive. The provisions of this rule imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting parking in specified places or at specified times.

(B) Parking prohibited. Parking is prohibited at all times on certain streets and roadways. When signs are erected by the university giving notice thereof, no person shall park a vehicle at any time upon any street or roadway that is signposted.

(C) Parking limited time. Parking time may be limited on certain streets and roadways. The university of the parking operator, in accordance with the concession agreement is hereby authorized to establish limited time parking on certain streets and roadways by posting signs giving notice thereof.

(1) Pay-parking facilities. Certain parking areas may be designated as pay-parking facilities, and a schedule of fees for such parking shall be established by the university or the parking operator, in accordance with the concession agreement. Parking in such areas may be open to all persons or limited by rule of the parking operator. No person parking in a pay facility shall refuse to pay the prescribed fee.

(2) Signs. Whenever the university or the parking operator provides by rule that any area shall be limited to certain parking, such rule shall be effective when proper signs, giving notice that parking is limited to certain persons or times, have been erected in the area or when law enforcement officers or parking personnel are present and are directing parking and traffic thereto and therefrom.

(D) Parking meter zones.

(1) The parking operator is hereby authorized to install parking meters in accordance with the concession agreement to regulate short-term parking within parking areas or upon those streets and roadways or parts of streets and roadways where it is determined that the installation of parking meters is necessary to aid in the regulation and control of parking vehicles.

(2) No person shall park a vehicle in any parking space to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter unless parking fee has been paid.

(3) All individuals who are parking a vehicle in a pay and display lot must display, on the dashboard of their vehicle, a valid parking voucher purchased at the nearest pay and display machine.

(E) Unattended vehicles; duty to lock ignition, remove key, set brake, etc. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway or roadway.

The requirements of this paragraph relating to the stopping of the engine, locking of the ignition and removing the key from the ignition of a motor vehicle shall not apply to an emergency vehicle or a public safety vehicle.

History

  • Effective: August 3, 2012
  • Promulgated Under: 111.15

Chapter 3335-22 Electronic Signatures

Ohio Adm.Code 3335-22-01 Electronic signatures.

(A) This rule was adopted as allowed by division (J) of section 1306.20 of the Revised Code.

(B) This rule applies to electronic signatures involving the Ohio state university, in accordance with division (J) of section 1306.20 of the Revised Code.

(C) The university policy governing electronic signatures shall remain consistent with electronic signature requirements in the Revised Code.

(D) The university shall establish a policy governing electronic signatures involving the university.

(E) Electronic signatures shall only be used as governed by the policy governing electronic signatures involving the university.

(F) The university shall provide guidance for implementing electronic signatures.

(G) When implementing electronic signature systems, the university shall consider types of institutional data, as governed by university policy.

(H) The university recognizes an electronic signature as legally binding to the fullest extent permitted by law.

(I) An electronic signature may be accepted in all situations if requirement of a signature or approval is stated or implied.

(J) The university may designate specific university transactions to be executed by electronic signature.

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

(1) Employees, including student employees, acting within the scope of their employment may not opt out of conducting a transaction electronically.

(2) Individuals and entities (excluding employees acting within the scope of their employment) may seek to opt out of conducting a transaction electronically by providing written notice of a request to opt out of conducting business with the university electronically.

(L) An electronic signature that does not employ a university-approved authentication method at the time of signature may not be binding on the university.

(M) All security procedures and technologies shall provide authentication, nonrepudiation, and integrity to the extent that is reasonable for each electronic signature, as determined by the university.

(N) When at any time during a transaction the university requires a signature or is conducting a financial transaction, the university shall require a separate and distinct action on the part of the person conducting the transaction for financial transactions and each signature. The separate and distinct action shall be clearly marked as indicating an intent to complete a financial transaction or electronically sign a record. The separate and distinct action may include a series of keystrokes, a click of a mouse, or other similar actions.

(O) Electronic signature documentation shall be maintained in accordance with the university record retention schedule and as specified by the university policy governing electronic signatures.

(P) The university shall identify responsibilities of individuals and units regarding electronic signatures.

History

  • Effective: February 17, 2015
  • Promulgated Under: 111.15

Chapter 3335-23 Code of Student Conduct

Ohio Adm.Code 3335-23-01 Introduction and purpose.

(A) The code of student conduct, a part of the Ohio Administrative Code, is established to foster and protect the core mission of the university; to foster the scholarly and civic development of the university's students in a safe and secure learning environment, and to protect the people, properties and processes that support the university and its mission. The core mission of the Ohio state university is to be the model public university dedicated to research, teaching and learning, and service. The university's shared values define our ethical culture - for all students, faculty, and staff - in support of that mission. These values are:

(1) Excellence and impact: demonstrating leadership in pursuit of our vision and mission

(2) Diversity and innovation: welcoming difference and making connections among people and ideas

(3) Inclusion and equity: upholding equal rights and advancing institutional fairness

(4) Care and compassion: attending to the well-being of individuals and communities

(5) Integrity and respect: acting responsibly and being accountable

Our shared values support principles of open-minded exploration and freedom of expression, respectful and inclusive community, and caring relationships built on trust through honesty, transparency, and authentic engagement. Additional information can be found at www.osu.edu/shared-values.

(B) As members of the Ohio state university community, we strive to embody these shared values through our actions and conduct. The Ohio state university/buckeye honor pledge's purpose is to motivate reflection on our shared values and emphasize the importance of one's personal commitment to ethics in education and learning. Instructors have the discretion to ask students to include a signed version of the pledge with examinations, papers or other academic assignments/requirements. Additional information can be found at https://ugeducation.osu.edu/buckeye-honor-pledge.

The Buckeye honor pledge

"As a Buckeye I pledge to act with responsibility and care. I will build trust through honesty, transparency, and authentic engagement. I will demonstrate integrity through my original contributions and respectful collaboration with others. I will act in accordance with the code of student conduct. Time and change will surely show, I will uphold these values wherever I go."

(C) The ADA coordinator's office can provide accomodations based on the impact of a disability to students during the student conduct process. Students are responsible for requesting these accomodations when they feel they are needed. Visit the university's ADA site at https://ada.osu.edu.

Last updated October 22, 2024 at 8:25 AM

History

  • Effective: October 22, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-02 Jurisdiction.

(A) The code of student conduct applies to the on-campus conduct of all students and registered student organizations, including conduct using university computing or network resources. The code of student conduct also applies to the off- campus conduct of students and registered student organizations directly connected to:

(1) Academic course requirements or any credit-bearing experiences, such as internships, field trips, study abroad or student teaching;

(2) Any activity supporting pursuit of a degree, such as research at another institution or a professional practice assignment;

(3) Any activity sponsored, conducted, or authorized by the university or by registered student organizations;

(4) Any activity that causes substantial destruction of property belonging to the university or members of the university community, or causes or threatens serious harm to the safety or security of members of the university community; or

(5) Any activity which could constitute a criminal offense as defined by local, state or federal law, regardless of the existence or outcome of any criminal proceeding.

(B) The code of student conduct may be applied to behavior conducted online, via e-mail, text, or other electronic medium. Students should also be aware that online postings such as web postings and posts on social networking sites and applications are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. The university does not routinely search for code of student conduct violations, but may take action if and when such information comes to the attention of university officials.

Students and/or registered student organizations may also be held accountable for the behavior of their guests or members when the student or members of the registered student organization has knowledge of, facilitates or contributes to the guest's or member's misconduct.

The code of student conduct governs all campuses of the university. Students attending regional campuses, centers, or institutes are advised to consult their local resources for additional information or rules pertaining to those locations.

The university reserves the right to administer the code of student conduct and proceed with the hearing process even if the student withdraws from the university, is no longer enrolled in classes, or subsequently fails to meet the definition of a student while a disciplinary matter is pending. The university may, within its discretion, place a hold or other notation on the student's transcript while the matter is pending.

Students continue to be subject to federal, state, and local laws while at the university, and violations of those laws may also constitute code of student conduct violations. In such instances, the university may proceed with university disciplinary action under the code of student conduct independently of any criminal proceeding involving the same conduct and may impose sanctions for the code of student conduct violation even if such criminal proceeding is not yet resolved or is resolved in the student's favor.

(C) Discrimination and harassment, including, but not limited to sexual misconduct, based on a protected class in any form, is never acceptable. Students are responsible to know and adhere to the university's non-discrimination, harassment, and sexual misconduct policy found at https://policies.osu.edu. This policy and not this code of student conduct, govern the investigation, adjudication, and resolution of protected class discrimination and harassment complaints.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-03 Definitions.

As used in the code of student conduct:

(A) "University premises" includes all lands, buildings, facilities, and resources owned, leased, managed, or operated by the university.

(B) "Student" includes an individual to whom an offer of admission has been extended, paid an acceptance fee, registered for classes, or otherwise entered into another agreement with the university to take instruction.

(1) Student status lasts until an individual graduates, is permanently dismissed, or is not in attendance for two complete, consecutive terms. Student status also lasts while they have a continuing educational relationship with the university.

(2) "Student" also includes registered student organizations. A student organization remains a student" for purposes of this code of student conduct for one calendar year following the expiration of the organization's most recent registration.

(3) This code of student conduct also applies within the discretion of an appropriate university official to former students for violations committed while a student.

(C) "Members of the university community" includes, but are not limited to, students, faculty, staff, and visitors to the campus.

(D) "Complaint" includes information alleging a code of student conduct violation or other published rule, policy, standard, or guideline applicable to students, provided to the university, per paragraph (A) of rule 3335-23-05 of the Administrative Code.

(E) "Academic activities" includes any assignment, quiz, examination, candidacy examinations, laboratory, paper, report, field or placement work, submission, reading, seminar, presentation, or other educational activitiy that is required for a course or degree program.

(F) "Calendar days" refers to all seven days of the week without regard to whether classes are in session or university offices are open or closed.

(G) "Business days" include any day other than Saturday, Sunday, or days when university offices are closed as scheduled according to the university's academic calendar found at https://registrar.osu.edu/academic-calendar.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-05

(A) Initiation.

Person(s) who witness, experience or become aware of what they believe to be a possible code of student conduct violation should provide information to the following officials or offices.

(1) Complaints about possible code of student conduct violations occurring in residence halls should be reported to the residence hall director;

(2) Complaints about possible non-residence hall related code of student conduct violations should be reported to the office of student conduct, or chief student conduct officer for the regional campuses;

(3) Complaints about possible sexual misconduct should be reported pursuant to the non-discrimination, harassment, and sexual misconduct policy;

(4) Complaints about possible protected class discrimination or harassment should be reported pursuant to non-discrimination, harassment, and sexual misconduct policy;

(5) Complaints regarding academic misconduct should be reported to the committee on academic misconduct; and

(6) In cases when the alleged activity may involve a violation of criminal law in addition to a code of student conduct violation, complaints should be reported to the university police division or other appropriate law enforcement agency.

(B) Preliminary inquiry.

The university conducts a preliminary inquiry into the nature of the incident, complaint or notice, jurisdiction, available information, and involved parties. Within the university's discretion, the preliminary inquiry may lead to:

(1) A determination that there is insufficient information to pursue the investigation, or the behavior alleged, even if proven, would not violate the code of student conduct;

(2) An informal resolution such as an educational discussion or mediation. An educational discussion is a discussion about the student's behavior and its impact. Informal resolution is not available in cases of academic misconduct.

(3) An investigation and/or initiation charges.

Typically, an informal resolution will end the conduct process, but if more information is shared during an educational discussion or informal resolution that warrants additional inquiry, an investigation may be initiated.

(C) Investigation.

(1) Role of the university.

(a) The director of student conduct, the chief conduct officer for the regional campuses, residence hall directors, assistant hall directors and other designated university personnel are authorized to investigate alleged violations other than those involving paragraphs (C)(1)(b) and (C)(1)(c) of this rule;

(b) The coordinator of the committee on academic misconduct and other designated university personnel are authorized to investigate allegations involving academic misconduct;

(c) Only those personnel designated by the non-discrimination, harassment, and sexual misconduct policy shall investigate charges involving sexual misconduct.

(d) Only those personnel designated by the non-discrimination, harassment, and sexual misconduct policy shall investigate charges involving protected class discrimination or harassment.

(e) The Ohio state university police or other appropriate law enforcement agency shall have primary responsibility for the criminal investigation of acts that involve suspected criminal violation of federal, state or local laws. Such investigation does not replace any other university investigation.

(f) The university may conduct concurrent investigations regarding potential violations of institutional policy or federal, state and local law.

(2) Role of participants.

(a) During the investigation, the student allegedly involved in misconduct may be:

(i) Notified of the alleged violation;

(ii) Requested to make an appointment to discuss the matter; and

(iii) Provided a date by which the appointment must be made.

(b) Any person believed to have information relevant to an investigation may also be contacted and requested to make an appointment to discuss the matter.

(3) Failure to comply with a request to make and/or keep an appointment relevant to an investigation may result in a disciplinary hold being placed on a respondent's registration and records and/or the initiation of charges for student conduct system abuse.

(4) Upon completion of an investigation, the investigator will decide upon an appropriate course of action, which may include, but is not limited to:

(a) Taking no further action and closing the case;

(b) Deferring initiation of charges with or without conditions;

(c) Seeking informal resolution; or

(d) Initiating charges by the appropriate university official when a finding of jurisdiction has been made and there is reasonable cause to believe that a violation of the code of student conduct may have occurred. Reasonable cause is defined as some credible information to support each element of the violation, even if that information is merely a credible witness or a victim's statement. Charges will not be issued where a complaint is unsupported by any credible information or does not meet the elements of a code of student conduct violation.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-04 Prohibited conduct.

Any student found to have engaged, or attempted to engage, in any of the following conduct while within the university's jurisdiction, as set forth in rule 3335-23-02 of the Administrative Code, will be subject to disciplinary action by the university. For the purposes of this rule, attempt shall be defined as conduct that, if successful, would constitute or result in the prohibited conduct.

(A) Academic misconduct.

Any activity that tends to compromise the academic integrity of the university or subvert the educational process. Examples of academic misconduct include, but are not limited to:

(1) Violation of course rules and/or assignment guidelines as contained in the course syllabus or other information provided to the student;

(2) Knowingly requesting, providing, and/or receiving unauthorized information, materials, and/or assistance during academic activities;

(3) Possession and/or use of unauthorized information, materials, and/or assistance during academic activities;

(4) Submitting plagiarized work for an academic requirement. Plagiarism is the representation, including but not limited to copying, of another's work or ideas as one's own; it includes the unacknowledged word-for-word use and/or paraphrasing of another person's work, and/or the inappropriate unacknowledged use of another person's ideas;

(5) Unauthorized use of generative artificial intelligence systems or similar technologies to complete academic activities;

(6) Submitting substantially the same work to satisfy requirements for one course or academic requirement that has been submitted in satisfaction of requirements for another course or academic requirement, without permission of the instructor of the course for which the work is being submitted or supervising authority for the academic requirement. This includes submitting the same work for courses that the student is retaking pursuant to the university's grade forgiveness rule;

(7) Falsification, fabrication, or dishonesty in creating or reporting laboratory results, research results, and/or academic activities;

(8) Serving as, or enlisting the assistance of a substitute for a student in academic activities;

(9) Alteration of grades or marks by the student in an effort to change the earned grade or credit;

(10) Alteration of academically-related university forms or records, or unauthorized use of those forms or records;

(11) Engaging in activities that unfairly place other students at a disadvantage, including but not limited to taking, hiding, or altering resource material, or manipulating a grading system;

(12) Violation of program regulations and/or policies as established by departmental committees and made available to students; and

(13) Providing falsified materials, documents, or records to a university official to meet academic qualifications, criteria, or requirements, including but not limited to submitting falsified doctor's notes and/or falsified transcripts.

(B) Endangering health or safety.

(1) Endangering behavior: Taking or threatening action that endangers the safety, physical or mental health, or life of any person, or creates a reasonable fear of such action.

(2) Stalking: Engaging in a pattern of unwanted conduct directed at another person that threatens or endangers the safety, physical or mental health, or life or property of that person, or creates a reasonable fear of such a threat or action. When stalking is sex- or gender-based, it falls under the university's non-discrimination, harassment, and sexual misconduct policy.

(3) Operating a vehicle while impaired by alcohol or drugs in a manner that endangers the safety of the university community.

(C) Destruction of property.

Actual or threatened damage to or destruction of university property or property of others, whether done intentionally or with reckless disregard.

(D) Dangerous weapons or devices.

Storage, or possession of dangerous weapons, devices, or substances including, but not limited to, firearms, ammunition, or fireworks, unless authorized by an appropriate university official or permitted by a university policy, even if otherwise permitted by law. Use or misuse of weapons, devices, or substances in a manner that causes or threatens serious harm to the safety or security of others. As required by section 2923.1210 of the Revised Code, this rule does not prohibit a student who has been issued a valid concealed handgun license from transporting or storing a firearm or ammunition when both of the following conditions are met:

(1) Each firearm and all of the ammunition remains inside the person's privately-owned motor vehicle while the person is physically present inside the motor vehicle, or each firearm and all of the ammunition is locked within the trunk, glove box, or other enclosed compartment or container within or on the person's privately owned motor vehicle;

(2) The vehicle is in a location where it is otherwise permitted to be.

(E) Dishonest conduct.

Dishonest conduct, including, but not limited to, knowingly reporting a false emergency; knowingly making false accusation of misconduct; misuse or falsification of university or related documents by actions such as forgery, alteration, or improper transfer; possession, use or manufacturing of a false identification document; submission of information known by the submitter to be false to a university official.

(F) Theft or unauthorized use of property.

Theft or the unauthorized use or possession of university property, services, resources, or the property of others.

(G) Failure to comply with university or civil authority.

Failure to comply with legitimate directives of authorized university officials, law enforcement or emergency personnel, identified as such, in the performance of their duties, including failure to identify oneself when so requested; or violation of the terms of a disciplinary sanction.

(H) Drugs.

Use, being under the influence of, production, distribution, sale, or possession of drugs, and/or drug paraphernalia in a manner prohibited under law or applicable university policy or university facility policy, such as within the Ohio stadium and the Schottenstein center. This includes, but is not limited to, the misuse of prescription drugs.

(I) Alcohol.

Use, underage intoxication, production, distribution, sale, or possession of alcohol in a manner prohibited under law or applicable university policy or university facility policy, such as within the Ohio stadium and the Schottenstein center.

(J) Unauthorized presence.

Unauthorized entrance to or presence in or on university premises.

(K) Disorderly or disruptive conduct.

Disorderly or disruptive conduct that unreasonably interferes with university activities or with the legitimate activities of any member of the university community.

(L) Hazing.

Doing, requiring, or encouraging any act, whether or not the act is voluntarily agreed upon, tied to initiation, continued membership, or participation in any group, that causes or creates a substantial risk of causing mental or physical harm or humiliation. Such acts may include, but are not limited to, using alcohol, creating excessive fatigue, and paddling, punching, or kicking in any form. Failure to intervene, prevent, or report acts of hazing may constitute a violation of this rule.

(M) Student conduct system abuse.

Abuse of any university student conduct system, including but not limited to:

(1) Failure to obey the summons or directives of a hearing body, as defined in rule 3335-23-10 of the Administrative Code, or university official;

(2) Falsification, distortion, or misrepresentation of information before a hearing body, as defined in rule 3335-23-10 of the Administrative Code, or university official;

(3) Disruption or interference with the orderly conduct of a student conduct proceeding;

(4) Knowingly instituting a student conduct proceeding without cause;

(5) Discouraging an individual's proper participation in, or use of, a university student conduct system;

(6) Influencing the impartiality of a member of a hearing body, as defined in rule 3335-23-10 of the Administrative Code, prior to, and/or during the course of a student conduct proceeding;

(7) Harassment and/or intimidation of a member of a hearing body, as defined in rule 3335-23-10 of the Administrative Code, or university offical prior to, during, and/or after a student conduct proceeding;

(8) Failure to comply with one or more sanctions imposed under the code of student conduct; and

(9) Influencing another person to commit an abuse of a university student conduct system.

(N) Violation of university rules or federal, state, and local laws.

Violation of other published university rules, policies, standards, and/or guidelines, including, but not limited to, those which prohibit the misuse of computing resources, rules for student groups or organizations, and residence hall rules and regulations. Students may be held accountable under the procedures described in other published rules, policies, standards and guidelines and under the provisions of this code of student conduct regardless of whether action is undertaken under this code of student conduct. Students are responsible for reviewing and undertstanding the rules, standards and guidelines provided to them by their academic programs and colleges. Applicable policies are found at https://policies.osu.edu.

Conviction or acceptance of responsibility - including a judicial finding of guilt, pleas of no contest or "no-lo contendere" - for state, local or federal crimes when the underlying behavior has a substantial connection or relationship to the university's property, programs or could reasonably impact the health, safety, or security of members of the university community.

(O) Riotous behavior.

(1) Participation in a disturbance with the purpose to commit or incite any action that presents a clear and present danger to others, causes physical harm to others, or damages property.

(2) Proscribed behavior in the context of a riot includes, but is not limited to:

(a) Knowingly engaging in conduct designed to incite another to engage in riotous behavior; and

(b) Actual or threatened damage to or destruction of university property or property of others, whether done intentionally or with reckless disregard; and

(c) Failing to comply with a directive to disperse by university officials, law enforcement or emergency personnel; and

(d) Making explicit or implied threats in a manner that causes a reasonable fear of harm in another; and

(e) Impeding, hindering, or obstructing a university official, law enforcement, or emergency personnel in the performance of their duties.

(3) This rule shall not be interpreted as proscribing peaceful demonstrations, peaceful picketing, a call for a peaceful boycott, or other forms of peaceful dissent.

(P) Recording or distribution without knowledge.

Using electronic or other means to make or distribute a video, audio, or photographic record of any person in a location where there is a reasonable expectation of privacy without the person's prior knowledge, when such a recording is likely to cause injury, distress, or damage to reputation. This includes, but is not limited to, taking video, audio, or photographic records in shower/locker rooms, residence hall rooms, and restrooms. The storing, sharing, and/or distributing of such unauthorized records by any means is also prohibited.

(Q) Public urination or defecation.

Urination or defecation in a place such as a sidewalk, street, park, alley or yard, residence hall space, or on any other place or physical property that is not intended for use as a restroom.

(R) Retaliation.

Any intentional adverse action against any individual who makes an allegation, files a report, serves as a witness, assists a complainant or respondent, or participates in any university investigation or proceeding.

(S) Harm to animals.

Intentional physical harm or threats of harm to animals, including but not limited to companion animals, service animals, or emotional support animals.

Lawful hunting and fishing is not prohibited by this code of student conduct. The care and use of animals involved in research activities is governed by the office of responsible research practices institutional animal care and use committee and not this code.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-10

(A) The respondent has the right to accept responsibility for the charges, which will result in an administrative decision, or choose to have a hearing.

(B) In addition to the committee on academic misconduct and the university conduct board, the following university employees/officials are considered official university hearing bodies and may conduct administrative hearings of alleged code of student conduct violations affording the respondent the same procedural guarantees as provided in the hearings conducted by a committee or board:

(1) The director of student conduct, or designee;

(2) The coordinator of the committee on academic misconduct, or designee;

(3) University housing professional staff; and

(4) The chief conduct officer for the regional campuses.

(C) Students will be afforded the right to request a separate hearing and choose an administrative or board hearing, except under special circumstances when, in order to ensure a fair and just process, the hearing officer may determine the appropriate hearing body. Special circumstances include but are not limited to situations when multiple respondents are charged arising from the same factual circumstances or in multiple incidents involving the same respondent. The university reserves the right to combine hearings for respondents.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-06 Amnesty.

At the university's discretion, amnesty may be extended to students who may be hesitant to report a code of student conduct violation to university officials because they fear that they themselves may be accused of minor policy violations, including but not limited to underage drinking, at the time of the incident. If a student is granted amnesty, an educational discussion or other informal resolution may be considered, but no university conduct proceedings under this rule will result.

At the university's discretion, amnesty may also be extended on a case-by-case basis for minor policy violations when students request assistance for others in need, including the person receiving assistance. If a student is granted amnesty, an educational discussion or other informal resolution may be considered, but no university conduct proceedings under the code of student conduct will result. In cases of academic misconduct, need does not include a student's inability to complete an assignment without assistance.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-07 Filing of complaint and initiation of charges.

A complaint alleging a code of student conduct violation should be made to the university as soon as practicable in accordance with paragraph (A) of rule 3335-23-05 of the Administrative Code. Absent extraordinary circumstances, the university will not take action on complaints filed more than six months from the discovery of non-academic misconduct (paragraphs (B) to (S) of rule 3335-23-04 of the Administrative Code) or thirty business days for academic misconduct (paragraph (A) of rule 3335-23-04 of the Administrative Code). These time limitations do not apply to complaints of sexual misconduct or other protected class discrimination and harassment.

Absent extraordinary circumstances, the university must initiate charges, if any, within one year of the filing of the complaint. This time limitation does not apply to complaints of sexual misconduct or other protected class discrimination and harassment. In all cases, a student charged with one or more code of student conduct violations has the right to be heard, subject to the student conduct procedures.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-08 Notice of charges and options for resolution.

(A) Notification.

Students shall be notified of university charges in writing. Written charges may be presented in person, by placement in the respondent's residence hall mailbox, by email to the respondent's official university email address (which may direct the student to view the notice on a secure website), by text message, by other form of electronic communication specific to the student on file with the university registrar, or by mail to the respondent's local or permanent address on file in the office of the university registrar.

(B) Current address.

All students are required to maintain an accurate and current permanent address and phone number with the university registrar.

(C) Meeting with university official.

Following notification of charges, respondents are strongly encouraged to and shall be given the opportunity to meet with a university official for the purpose of explaining the university student conduct process and discussion of the charges.

(D) Options for resolution.

Charges may be resolved by administrative decision pursuant to rule 3335-23-09 of the Administrative Code or a hearing pursuant to rule 3335-23-10 of the Administrative Code.

(E) Failure to respond.

Failure of the respondent to respond to the initiation of charges or schedule a preliminary meeting within the deadlines provided by the university shall in no way prevent the university from scheduling and conducting a hearing in the absence of the respondent.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-09

In a case where a respondent admits to a violation(s) in writing, the student may request in writing to have a decision as to appropriate sanction made administratively by a hearing officer rather than have the charges referred to a hearing body. In such situations, the student waives the right to a hearing and the related procedural guarantees provided by a hearing body. Administrative decisions in academic misconduct cases involving graduate students may be made in consultation with the graduate school. Following an administrative decision, the student retains the right to request an appeal (see rule 3335-23-18 of the Administrative Code) of the original decision. Appeals following an administrative decision may only be requested, on the ground that the sanction is grossly disproportionate to the violation committed.

When a respondent fails to respond to the initiation of charges and information exists to support finding a violation, the hearing officer may issue an administrative decision so long as sanctions do not include suspension or dismissal. In this circumstance, the respondent retains the right to request an appeal of the decision under all grounds found in rule 3335-23-18 of the Administrative Code. If the respondent is suspended or dismissed in a subsequent case, the respondent may appeal both the outcome in the subsequent case and an administrative decision issued due to a failure to respond.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-18

(A) Right to appeal.

(1) A student found to have violated the code of student conduct has the right to appeal the original decision. The appeal is not intended to re-hear or re-argue the same case and is limited to the specific grounds outlined in this rule. The appeal must state the specific grounds for the appeal and should include all supporting documentation. The appeal must be postmarked, delivered, sent via email or online form, to the appropriate appeal officer, listed in paragraph (C) of this rule, within five business days after the date on which notice of the decision is sent to the student. Each student shall be limited to one appeal of a decision of a hearing body. The decision of the appeal officer is final.

(2) Any extensions to the appeal date may be made at the discretion of the director of student conduct, residence life, or the office of academic affairs or their designee.

(3) A student who has accepted responsibility for violating the code of student conduct waives the right to appeal, except on the basis that the disciplinary sanction is grossly disproportionate to the violation(s) committed.

(4) When found in violation of the code of student conduct, a respondent shall be limited to one appeal. The decision of the appeal officer is final.

(B) Grounds for appeal.

An appeal may be based only upon one or more of the following grounds:

(1) An appeal may be based only upon one or more of the following grounds:

(a) Procedural error that resulted in material harm or prejudice to the student (i.e. by preventing a fair, impartial, or proper hearing). Deviations from the designated procedures will not be a basis for sustaining an appeal unless material harm or prejudice results;

(b) Discovery of substantial new evidence that was unavailable at the time of the hearing and which reasonably could have affected the decision of the hearing body; or

(c) Disciplinary sanction imposed is grossly disproportionate to the violation(s) committed, considering the relevant aggravating and/or mitigating factors.

(2) Non-attendance by the respondent or the complainant may not be the sole grounds for an appeal.

(C) Appropriate appeal officers.

(1) Appeals from residence hall hearings:

(a) All appeals from residence hall hearings other than contract terminations, shall be submitted to the director of housing and residence education or designee;

(b) All appeals, when the sanction imposed by the residence hall hearing is contract termination, shall be submitted to the director of student conduct or designee.

(2) Appeals of a decision of a hearing body other than those described in paragraph (B) of this rule will be submitted for decision to the vice president for student life or designee.

(3) Appeals of decisions of the committee on academic misconduct or its coordinator will be submitted for decision to the executive vice president and provost or designee.

(D) Appeal proceedings.

(1) The appeal officer will dismiss the appeal if the appeal is not based upon one or more of the grounds set forth in paragraph (B) of this rule.

(2) The appeal officer will decide the appeal based upon a review of the record and supporting documents (e.g. prior disciplinary history).

(E) Possible dispositions by the appeal officer.

The appeal officer may, after a review of the record:

(1) Uphold the original decision and/or sanction(s);

(2) Dismiss the case or individual charge(s) against the student and vacate any portion or all of the sanction(s);

(3) Modify or reduce the sanction(s); or

(4) Remand the case to the original hearing body to consider a specific issue as directed by the appeal officer or refer the case to a new hearing body to be reheard. If possible, a new hearing body should be different from the one that originally decided the case. If a case is reheard by a hearing body, the sanction imposed can be greater than that imposed at the original hearing.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-11 Notice of hearing and request for postponement.

(A) Notice.

If a hearing is to be held, written notification will be provided to the respondent. The notice may be delivered, placed into a student's residence hall mailbox, sent by email to the student's official university email address or sent by text message, which may direct the student to view the notice on a secure website, or mailed to the last known address of the student, by first-class mail, no fewer than ten calendar days prior to the hearing. Unless already provided to the student, the notification will include the charge(s), date, time, and location of the hearing, the designated hearing body, a statement of the student's rights, and information on the hearing procedures.

(B) Postponement.

The respondent may request a postponement for reasonable cause, which may be granted at the university's discretion. A request for a postponement for reasonable cause must be made in writing, include supporting rationale and be received by the person sending the hearing notification at least two business days before the scheduled hearing. The university reserves the right to reschedule a hearing for the first appropriate available date.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-12 Hearing procedures.

Although the procedural requirements are not as formal as those existing in criminal or civil courts of law, to ensure fairness, the following procedures will apply and, unless already provided to the student, be included within the hearing notice:

(A) Attendance.

Attendance at hearings is limited to those directly involved or those requested by the hearing body to attend. The hearing body will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.

(B) Timelines.

Except as expressly provided by this code of student conduct, the university may set deadlines related to the investigation and hearing process. Absent extraordinary circumstances, respondents must submit all witness names and evidence for submission at least two business days prior to a scheduled hearing.

(C) Advisor.

The respondent may choose to bring an advisor for support throughout the disciplinary process. The advisor (i.e., support person) may be any person other than a witness. The advisor may only counsel the student and may not actively participate in the disciplinary process, unless the hearing body determines that clarification is needed.

(D) Witnesses.

(1) The respondent may invite relevant factual witnesses to attend, ask questions of witnesses called by others, and will be notified of potential witnesses to be called.

(2) The university may present witnesses, question those presented by the respondent and will notify the respondent of invited witnesses.

(3) Respondents may also invite up to three character witnesses to submit written statements for the hearing body's review. A character witness is a person who attests to another's moral conduct and reputation. Character witness statements will only be considered during sanctioning process if a violation is found.

(4) Expert witnesses are not permitted. In cases requiring special expertise, the hearing body may appoint individuals with appropriate expertise to serve as consultants to the hearing body. The consultant may be present and provide information as called upon during the hearing but will not vote.

(E) Standard of evidence.

A student will only be found in violation if a preponderance of evidence supports the charges.

(F) Majority vote required.

A student will not be found in violation unless a majority of the hearing body finds the student in violation. In the event of a tie, the hearing body will continue to deliberate. If after the hearing body determines that exhaustive deliberations have occurred and a majority decision is not reached, the student will be found not in violation.

(G) In cases where prompt review is essential (e.g., when graduation or the end of the academic year is imminent) the respondent may be offered the option of an administrative review consisting of an administrative decision or administrative hearing. The respondent may decline such expedited review without the expectation that the process can be completed on an expedited timeline.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-13 Attendance.

Because the most accurate and fair review of the facts can best be accomplished when all parties are present, the respondent and invited witnesses are strongly encouraged to attend and participate. If an individual does not choose to attend a hearing, the charges will be reviewed as scheduled based on the available information, and a decision will be made. Although no inference may be drawn against a student for failing to attend a hearing or remaining silent, the hearing will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the respondent's failure to attend the hearing or answer the charges. In special circumstances, written statements may be considered by the hearing body when a respondent or witness does not attend or fully participate in a hearing.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-14 Record of proceedings.

A single record consisting of written notes, audio recording, or other method selected by the hearing body, will be made of all hearings. Such record will remain university property but will be made available to the respondent for review during the appeal period. A written notice of the decision will be provided to the respondent. If the respondent is found in violation, information regarding appeal procedures will be provided to the respondent.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-15 Committee on academic misconduct.

(A) On behalf of the committee, the coordinator may investigate and resolve all reported cases of student academic misconduct that fall under the committee's jurisdiction. The coordinator and chair shall establish procedure for the investigation and resolution of cases. The committee does not hear cases involving academic misconduct in professional colleges having a published honor code. These colleges shall follow their own codes and procedures which can be obtained in their respective central offices. Some allegations against graduate students that fall under the committee's jurisdiction may also implicate the university policy and procedures concerning research misconduct and/or graduate school policy on the investigation of allegations of research misconduct by a graduate student. Upon receipt of such an allegation, the coordinator shall meet with the dean of the graduate school or designee, and/or the senior vice president for research or designee, and these parties shall mutually agree on the appropriate procedure for adjudicating the case. Notice of this decision and a description of the procedure to be used shall promptly be given to the student who has been charged. The coordinator or chair may refer complaints to the student conduct system if it is determined that the academic misconduct allegation is incidental to some other misconduct.

(B) The committee on academic misconduct is constituted according to rule 3335-5-48.7 of the Administrative Code.

(C) All complaints of academic misconduct shall be reported to the coordinator of the committee.

(D) Students have an obligation to report suspected misconduct.

(E) A quorum for a hearing shall be no fewer than four voting members of the committee which shall include no fewer than one student member and two faculty members.

For cases involving graduate students, reasonable efforts will be made to have graduate students serve as the student members of the hearing committee.

(F) Eligibility

(1) To be eligible for appointment, an undergraduate student must possess a minimum 2.5 cumulative grade point average, and all students must maintain a 2.5 cumulative grade point average to continue serving. To be appointed or serve, a student should not be under current disciplinary sanction or probation or suspension. A student found in violation of the code of student conduct who receives a formal reprimand may continue service upon review and determination by the coordinator of the committee.

(2) Removal.

The coordinator of the committee may remove committee members under certain circumstances, including but not limited to, not attending training, falling below the minumum grade point average, repeated absences, violating the code of student conduct or other applicable laws or rules, policies, standards, or guidelines, or not responding to repeated attempts at communication. Whenever possible, notification shall be made in writing to the committee member prior to removal.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-48.7

(A) Membership.

The committee on academic misconduct shall consist of sixty-two members.

(1) Thirty faculty, at least half of whom shall be tenure-track faculty. Faculty members are eligible for reappointment, but may not serve more than two consecutive terms.

(2) Thirty students.

(a) Fifteen graduate students.

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

(3) Two administrators.

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

(b) The director of the office of the committee on academic misconduct, appointed by the executive vice president and provost, who shall not participate in the decisions of the committee. The director may recommend student members for approval by the appointing body, as specified in paragraph (B)(1) of rule 3335-5-46 of the Administrative Code.

(4) Alternate members.

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

(B) Duties and responsibilities.

(1) Investigate or establish procedures for the investigation of all reported cases of student academic misconduct, with the exception of cases in a professional college having a published honor code, and decide upon suitable disciplinary action. (The term "academic misconduct" is defined in paragraph (A) of rule 3335-23-04 of the Administrative Code.) Instructors shall report all instances of alleged academic misconduct to the committee.

(2) Investigate all cases of lax or irregular methods of conducting examinations that might tend to promote academic misconduct on the part of students, with the exception of cases in a professional college having a published honor code. The committee shall report its findings in these cases to the executive vice president and provost.

(3) Serve as a consultant on questions of academic misconduct for any professional college having a published honor code. (Note: this committee shall not have jurisdiction over cases involving student academic misconduct in professional colleges having published honor codes. These colleges shall follow their own codes in investigating reported cases of academic misconduct and in determining suitable disciplinary action. When the action taken involves suspension, dismissal, or entry on the student's permanent record, a recommendation to that effect shall be made to the executive vice president and provost for review and action.)

(C) Organization.

(1) The committee on academic misconduct is authorized to:

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

(b) Establish rules and procedures to conduct hearings, including the definition of a quorum.

(2) If the caseload of the committee should from time to time become such that cases cannot be set for hearing within four weeks (excluding periods of examinations or between vacations and recesses between semesters, terms, or sessions), the chair shall be empowered to ask alternate members to serve voluntarily and temporarily as members of hearing panels.

(3) As a standing committee of the senate, this committee is also governed by the provisions of rule 3335-5-46 and of the Administrative Code.

Last updated October 11, 2023 at 8:42 AM

History

  • Effective: October 11, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-16 University conduct board.

(A) Membership.

The respondent may elect for the university conduct board to adjudicate charges involving prohibited behaviors listed in rule 3335-23-04 of the Administrative Code, except paragraph (A) (academic misconduct) of that rule. The director of student conduct will recommend members for approval as follows:

(1) Fifteen faculty and/or staff members appointed by the vice president of student life for three-year terms;

(2) Fifteen undergraduate student members, appointed by undergraduate student government for two-year terms;

(3) Six graduate student members, appointed by the council of graduate students for two-year terms;

(4) Four professional student members, appointed by the inter-professional council, for two-year terms; and

(5) The director of student conduct or designee shall serve as board coordinator ex-officio without vote.

(B) Quorum.

A quorum for a hearing shall be no fewer than four voting members of the board which shall include no fewer than two student members, unless the respondent elects not to include student members. A hearing board shall consist of no more than eight voting members.

(C) Eligibility and alternates.

(1) To be eligible for appointment or service, an undergraduate student must possess a minimum 2.5 cumulative grade point average, and all students must maintain a 2.5 cumulative grade point average to continue serving. To be appointed or serve, a student should not be under current disciplinary sanction of probation or suspension. A student found in violation of the code of student conduct who receives a formal reprimand may continue service upon review and determination by the director of student conduct.

(2) Additional alternate members may be appointed as needed.

(3) Removal.

The director of student conduct may remove university conduct board members under certain circumstances, including but not limited to, not attending training, falling below the minimum grade point average, repeated absences, violating the code of student conduct or other applicable laws or rules, policies, standards, or guidelines, or not responding to repeated attempts at communication. Whenever possible, notification shall be made in writing to the university conduct board member prior to removal.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-17 General guidelines for sanctions.

If a student is found to be in violation of the code of student conduct, sanctions should be commensurate with the violations found to have occurred. In determining the sanction(s) to be imposed, the hearing body should take into account any mitigating circumstances and any aggravating factors including, but not limited to, any provocation by the subject of the conduct that constituted the violation, any past misconduct by the student, any failure of the student to comply fully with previous sanctions, the actual and potential harm caused by the violation, the degree of intent and motivation of the student in committing the violation, and the severity and pervasiveness of the conduct that constituted the violation. Misconduct motivated by bias for classes protected by university policy, other than constitutionally protected expression, may be considered an aggravating factor for sanctioning. Impairment resulting from voluntary use of alcohol or drugs (i.e., other than medically necessary) will also be considered an aggravating, and not a mitigating, factor. One or more of the following courses of action may be taken when a student has been found to have violated the code of student conduct.

(A) Disciplinary sanctions.

(1) Formal reprimand.

A written letter of reprimand resulting from a student's misconduct.

(2) Disciplinary probation.

This probationary condition is in effect for a specified time period and may involve the loss of specified privileges. Further violation of university rules, policies, standards, or guidelines during the probationary period will additionally be viewed as a violation of the probation, which shall result in further action up to and including suspension or dismissal.

(3) Suspension.

Suspension is a sanction that terminates the student's enrollment at the university for a specified time period. Satisfactory completion of specified stipulations may be required for reenrollment at the end of the suspension period. Under special circumstances, the hearing body may hold the imposition of suspension in abeyance, which would allow for the student's continued enrollment so long as the student adheres to all stipulations, restrictions, or conditions imposed by the hearing body.

(4) Dismissal.

Dismissal is a sanction which permanently separates a student from the university without opportunity to re-enroll in the future.

(B) Conditions of suspension and dismissal.

Unless a student is otherwise notified in writing, a suspension or dismissal will not take effect until after the appeal period. A student who has been dismissed or suspended from the university shall be denied all privileges afforded a student (including, but not limited to, participation in university sponsored or sanctioned events and activities) and shall be required to vacate campus as determined by the hearing body. In addition, after vacating campus property, a suspended or dismissed student may not enter upon campus and/or other university property at any time, for any purpose, in the absence of expressed written permission from the vice president for student life or designee. To seek such permission, a suspended or dismissed student must file a written petition to the vice president for student life for entrance to the campus for a limited, specified purpose or to have the terms of this condition modified or reduced.

(C) Failing or lowered grades.

In cases of academic misconduct, a hearing body may authorize the instructor to award a failing or lowered grade in the course and a loss of credit on the graded coursework.

(D) Other sanctions.

Other appropriate sanctions may be imposed by a hearing body singularly or in combination with any of the above-listed sanctions. Examples include, but are not limited to, making restitution for property damage or misappropriation of university property or services, or the property of any person, residence hall contract termination or reassignment to another room, restriction of access to specified campus facilities and/or property, research assignments, community service projects, special workshop participation, referral to medical resources or counseling personnel and/or educational sanctions.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-19 Deviations and other procedures.

A student and hearing officer may agree in advance to deviations from procedure. Such deviations are not then subject to appeal. Other deviations are acceptable as long as such deviations are not found upon appeal to be materially harmful to the respondent. The office of student life, student conduct and the committee on academic misconduct may create additional procedures, such as record retention and reporting, in alignment with the code of student conduct. Student conduct will publish standards used to review, investigate, and adjudicate allegations involving registered student organizations. These procedures must be publicly available on the appropriate Ohio state university's website.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-20 Interim suspension.

(A) When the vice president for student life or designee has reasonable cause to believe that the student's presence on university premises or at a university-related or registered student organization activity poses a significant risk of substantial harm to the safety or security of themselves, others, or to property, the student may be immediately suspended from all or any portion of university premises, university-related activities or registered student organization activities. The interim suspension will be confirmed by a written statement.

(B) The interim suspension shall remain in effect until:

(1) The conclusion of the student conduct process, including any appeal;

(2) The vice president for student life or designee terminates the interim suspension in writing; or

(3) The vice president for student life or designee terminates the interim suspension upon written request by the student where a determination is made that reasonable cause for the interim suspension no longer exists.

(a) The request from the student must be in writing and must include supporting documentation or evidence that the student does not pose, or no longer poses, a significant risk of substantial harm to the safety or security of themselves, others or to property.

(b) A decision on such a request will be made without undue delay by the vice president for student life or designee.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-21 Administrative disenrollment and other restrictions.

(A) A student may be disenrolled from the university; prohibited from all or any portion of university premises, university-related activities or registered student organization activities; and/or permitted to rematin only under specified conditions when the vice president for student life or designee finds that there is clear and convincing evidence that the student's continued presence poses a significant risk of substantial harm to the health or safety of themselves, others, or to property.

(B) In those cases under paragraph (A) of this rule in which it appears that the risk posed by the student is a result of a health condition or a disability as defined by the Americans with Disabilities Act, the vice president for student life or designee shall also determine whether the risk or disruption can be eliminated or sufficiently reduced through reasonable accommodation and, if so, shall take appropriate steps to ensure that accommodation is made. The vice president for student life or designee may request the student to undergo an apporopriate examination, as specified by the vice president for student life or designee, to determine whether any such condition exists and whether any such accommodation is possible. If the student fails to undergo such an examination, and if the other available evidence supports a finding under paragraph (A) of this rule, the vice president for student life or designee shall, to the extent reasonably possible, take the least restrictive measure or combination of measures necessary to resolve the risk or disruption.

(C) A student who has been disenrolled; prohibited from university premisis, university-related activities or registered student organization activities; or permitted to remain only under specified conditions may petition the vice president for student life for revision of that status. The petition must include supporting documentation or evidence that:

(1) The conditions found to have existed under paragraph (A) of this rule no longer exist and will not recur, and

(2) The student meets all normal and appropriate standards for admission and enrollment in any academic unit in which the student seeks to re-enroll. Upon receipt of such a petition, the vice president for student life or designee shall evaluate the evidence and may consult with the student, any appropriate university personnel, and any other persons whom the vice president for student life or designee deems appropriate. The vice president for student life or designee may deny the petition, grant the petition in whole or in part under specified conditions, or grant the petition in whole or in part under specified conditions, or grant the petition in whole or in part without condition.

Last updated December 3, 2025 at 7:37 AM

History

  • Effective: December 3, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-23-22 Authority.

The bylaws of the university board of trustees and rules of the university faculty provide that the university president shall have the final responsibility and authority for the discipline of all students of the university (see paragraph (A) of rule 3335-11-01 of the Administrative Code). This responsibility and authority has been delegated by the president to the vice president for student life, whose office is also charged with responsibility for promulgation of rules governing student conduct (see paragraph (H) of rule 3335-1-03 of the Administrative Code).

The deans of colleges and of the graduate school, the directors of schools, and the chairpersons of departments, respectively, are responsible to the president through regular disciplinary channels for the discipline of all students in the activities of their respective colleges, schools, and departments (see paragraph (B) of rule 3335-11-01 of the Administrative Code). Likewise, the deans and directors of the regional campuses are responsible to the president through the executive vice president and provost for the discipline of all students in the activities of their respective campuses.

The Ohio state university code of student conduct is an official publication of the university board of trustees. All petitions for revision and amendment of this code of student conduct should be submitted through the office of the vice president for student life. The code of student conduct shall remain consistent with university's non-discrimination, harassment, and sexual misconduct policy; any code of student conduct changes related to those policies shall be done in consultation with the appropriate official designated under the non-discrimination, harassment, and sexual misconduct policy. Proposed revisions to the code of student conduct shall be reviewed, in draft form, by the office of the president, the office of academic affairs, and the steering committee of the university senate before being presented for approval to the university senate by the council on student affairs. No revision shall become effective unless approved by the university board of trustees and until printed notice of such revisions is made available to students.

This rule shall take effect upon approval by the board of trustees. It shall govern all procedures in matters brought after it first takes effect and also all further procedures in matters then pending, except to the extent that in the discretion of the university the application in a particular action pending would not be feasible, in which event the former version of this rule shall be used. The definitions of prohibited conduct used in a particular matter will be the definitions found in the version of rule 3335-23-04 of the Administrative Code in effect at the time the alleged conduct occurred.

Last updated January 25, 2024 at 10:50 AM

History

  • Effective: January 25, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-11-01

(A) The president shall have the final responsibility and authority for the discipline of all students of the university. The president may delegate this responsibility and authority (see paragraph (E) of rule 3335-1-03 of the Administrative Code).

(B) The deans of colleges and of the graduate school, the directors of schools, and the chairs of departments, respectively, are responsible to the president through regular disciplinary channels for the discipline of all students in the activities of their respective colleges, schools, and departments.

History

  • Effective: June 23, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-1-03

(A) The president.

(1) The president shall be the chief executive officer of the Ohio state university and shall be responsible for the entire administration of the university, subject to control of the board of trustees. The president shall lead in fostering and promoting education, research and outreach as the primary aims of the university. It shall be the duty of the president to enforce the bylaws, rules and regulations of the board of trustees, and, as a member of the faculty, to interpret to the board proposals and actions of the faculty. The president is hereby clothed with the authority requisite to that end.

(2) The president shall be a voting member of all college faculties, of the graduate school faculty, and of the faculty of the arts and sciences, and shall be a voting member and presiding officer of the university faculty and of the university senate. The president shall appoint all committees of the university faculty and of the university senate, unless membership has been designated by rule.

(3) After consultation with the steering committee of the university senate, the president may recommend to the board of trustees candidates for honorary degrees. The number of candidates so recommended shall be limited to eight per calendar year. This right and its limitation in no way abrogates the power of the university senate to recommend candidates for honorary degrees (rule 3335-5-41 of the Administrative Code).

(B) Executive vice president and provost. The executive vice president and provost shall, under the direction of the president, be responsible for and have the requisite authority for the oversight of all academic programs and other instructional and faculty affairs of the university, and shall be the chief academic officer of the university. The fifteen colleges shall have a solid line reporting structure to the executive vice president and provost. The executive vice president and provost shall report to the president.

(C) Executive vice president and chief executive officer of the Wexner medical center. The executive vice president and chief executive officer of the Wexner medical center shall, under the direction of the president, be responsible for and have the requisite authority for the oversight of the institution's healthcare enterprise, including the planning and delivery of medical services, patient safety and satisfaction, operation, oversight and coordination of all clinical entities, the development and strategic allocation of resources, budgeting and fiscal performance, philanthropic performance, and hiring and review of Wexner medical center executive performance. The executive vice president and chief executive officer of the Wexner medical center and the executive vice president and provost will cooperate to coordinate clinical activities of the health sciences colleges in order to align strategic efforts of the Wexner medical center and academic affairs. Specifically, for clinical-related components, the college of medicine shall have a solid line reporting structure, and the remainder of the health sciences colleges shall have a dotted line reporting structure, to the executive vice president and chief executive officer. The executive vice president and chief executive officer shall have oversight of the comprehensive cancer center. The executive vice president and chief executive officer shall report to the president with a dotted line reporting relationship to the Wexner medical center board to enable communication and consultation with the Wexner medical center board.

(D) Senior vice president for business and finance and chief financial officer. The senior vice president for business and finance and chief financial officer shall, under the direction of the president, be responsible for and have the requisite authority for the administration of the university's business, financial and administrative operations. The senior vice president for business and finance and chief financial officer shall report to the president and, as appropriate, shall consult with the executive vice president and provost.

(E) Senior vice president and general counsel. The senior vice president and general counsel shall serve as the chief legal advisor to the president, board of trustees, and university, including its Wexner medical center. The senior vice president and general counsel shall also be appointed an assistant attorney general for the state of Ohio by the Ohio attorney general. The senior vice president and general counsel shall report to both the board of trustees and the university president.

(F) Faculty and staff. Within parameters set forth by action of the board of trustees, the president and/or his or her designee(s) shall have the authority to appoint and set the compensation for such other administrative officers, faculty and staff as are necessary to carry out effectively the operation of the university and delegate functions to them with the authority necessary for their proper discharge.

(G) Delegation of authority. Any authority or responsibility of the president may be delegated by the president to any other member of the faculty or staff of the university, subject to any limitations set forth by action of the board of trustees. Although the president may delegate authority to appropriate officials, the president will retain final authority and responsibility for administration of the university and the Wexner medical center. Delegation of major areas of authority or responsibility shall be in writing and shall be reported to the board of trustees prior to implementation.

(H) President's cabinet. The president shall convene a president's cabinet that will consist of such members as designated by the president. The primary responsibilities of the president's cabinet shall be to provide advice and counsel to the president, to discuss, deliberate and serve as the primary decision-making body on major university policy issues, information sharing, and such other roles as the president shall determine.

(I) Principal administrative officials. The term "principal administrative official" shall include the members of the president's cabinet, the deans of the colleges and the dean and directors of regional campuses and their designated staffs, the director of the university libraries, chairs of academic departments, directors of schools and academic centers, and such other administrative officials as determined by the president.

Last updated March 20, 2024 at 8:58 AM

History

  • Effective: March 20, 2024
  • Promulgated Under: 111.15

Chapter 3335-43 Medical Staff Members

Ohio Adm.Code 3335-43-01 Medical staff name.

The board of trustees of the Ohio state university, by official action on September 13, 1963, established "the Ohio state university hospitals." In accordance with rules 3335-93-01 to 3335-93-03 and 3335-101-04 of the Administrative Code, the Ohio state university Wexner medical center board (herein called Wexner medical center board) has delegated to the medical staff of the Ohio state university hospitals the responsibility to prepare and recommend adoption of these bylaws. "The medical staff of the Ohio state university hospitals" shall be the name of the hospitals' medical staff organization.

History

  • Effective: November 12, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-01

(A) The Ohio state university Wexner medical center board ("University Wexner Medical Center Board") shall be the governing body responsible to the Ohio state university board of trustees ("University Board of Trustees") for operation, oversight, and coordination of the Ohio state university Wexner medical center consisting of the Ohio state university hospitals, (Ohio state university hospital, Ohio state university hospital east, Ohio state Richard M. Ross heart hospital, Ohio state Harding hospital, Ohio state brain and spine hospital, and Ohio state university rehabilitation services at Dodd hall) and the Ohio state James cancer hospital and Solove research institute ("The James") and other such clinical health care enterprises, including without limitation to ambulatory services and outpatient health care facilities, clinics, the faculty group practice, primary and specialty practices, university Wexner medical center signature programs, and clinical laboratories.

Although the Ohio state university board of trustees has the fiduciary and legal responsibility for the Wexner medical center, the Ohio state university board of trustees acknowledges the important contributions and role of the Wexner medical center board. The complexity and scope of the Wexner medical center makes the focused oversight of the Wexner medical center board particularly helpful to the Ohio state university board of trustees. To assure clarity of roles and maximize the benefit of this structure, the Wexner medical center board shall be responsible for providing input and recommendations regarding the development and strategic allocation of resources, planning and delivery of medical services, and such other powers and duties as detailed in rule 3335-93-02 of the Administrative Code, subject to the ultimate authority of the university board of trustees.

(B) The university Wexner medical center board shall be composed of up to twenty-two voting members:

(1) Up to six members of the university board of trustees, including one student trustee, appointed annually by the chair of the university board of trustees and ratified by the university board of trustees;

(2) Up to eleven public members appointed annually by the chair of the university board of trustees in consultation with the university president, the chair of the Wexner medical center board, the executive vice president and chief executive officer and the chair of the university board of trustees' governance committee and ratified by the university board of trustees; and

(3) Five ex-officio voting members consisting of:

(a) The chair of the university board of trustees;

(b) The university president;

(c) The executive vice president and chief executive officer;

(d) The university senior vice president and chief financial officer; and

(e) The university executive vice president and provost.

(C) The selection criteria for public members shall ensure that the university Wexner medical center board membership will include persons with a broad array of skill sets, perspectives, backgrounds, including knowledge in health care delivery, sophisticated business expertise, prior board service, and/or persons who can assist the university Wexner medical center in its outreach to and relationships with the public, communities, and patients served, and governmental entities to ensure optimal operations and advancement of the university Wexner medical center's strategic mission, vision, and goals. Membership shall be national in scope and the selection processes shall incorporate the diversity policies of the university.

Last updated June 2, 2026 at 10:05 AM

History

  • Effective: June 2, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-03

The health sciences schools and colleges of the university carry out a significant portion of their educational and research activity in facilities of the university Wexner medical center. The university board of trustees shall have exclusive governing authority over the academic and research programs of the university Wexner medical center, including the college of medicine, the planning, administration, and operations of the health sciences schools and colleges and all other educational and research institutes, centers, and programs. The university Wexner medical center board shall lend its best efforts to assure that the programs of the health sciences colleges are effectively supported in collaboration with the university Wexner medical center's patient care programs. The executive vice president and chief executive officer shall be charged with maintaining an effective liaison between the health sciences colleges and the university Wexner medical center board to assure excellence in both academic and patient care programs.

Last updated June 2, 2026 at 10:05 AM

History

  • Effective: June 2, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-02 Purpose.

The purpose of the self-governing, democratically organized medical staff, which is accountable to the Ohio state university Wexner medical center board for the quality of care provided to the patients of the Ohio state university hospitals, shall be:

(A) To strive to maintain quality standards of patient care for all patients admitted to the Ohio state university hospitals, consistent with an active teaching environment, realizing that the care and treatment of the individual patient is the medical responsibility of the member of the attending, community affiliate A, and community affiliate D medical staff to whose care the patient is admitted or transferred.

(B) To support educational and research programs; elevate and advance the educational standards of our professions, including, but not limited to, pre- and post-M.D. students, nurse students, graduate nurse students, students of the allied medical professions, and students of other health professional colleges; and provide research programs to enhance and advance the educational and patient-care programs.

(C) To provide a means whereby medical problems may be reviewed; policies and procedures discussed; and to provide a means for establishing and maintaining standards of professional, medical and educational performance, organization, and discipline within the medical staff and harmonious cooperation and understanding among the units comprising the Ohio state university hospitals.

(D) To provide service, education and research programs to benefit the mental, physical, and environmental health of the citizens of the state of Ohio; dedicate itself to be responsive to the needs of its patients and to communicate effectively concerning matters of patient care; and encourage dissemination of medical knowledge to health professionals and the public, and conduct research for the prevention and treatment of disease.

(E) To govern medical staff and credentialed practitioners these bylaws are not intended to and shall not create any contractual rights between the Ohio state university Wexner medical center and any practitioner. Any and all contracts of affiliation, association or employment shall control contractual and financial relationships between the Ohio state university Wexner medical center and such practitioners.

Last updated December 29, 2023 at 8:42 AM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-03 Patients.

(A) The continuous care and treatment of individual patients is the medical responsibility of the member of the attending, community affiliate A and community affiliate D medical staff to whose care the patient is admitted or transferred within the Ohio state university hospitals and to licensed health care professionals being granted clinical privileges under these bylaws.

(B) There shall be only one category or classification of patients in the Ohio state university hospitals, and those patients are the private patients of the medical staff under whose care they are admitted. Patients admitted to the Ohio state university hospitals who, at the time of admission, have not requested or selected a member of the medical staff to attend them shall be assigned by the chief of the appropriate clinical division or department or their designees, to a member of the medical staff for their care and treatment.

(C) All patients admitted to the Ohio state university hospitals should cooperate and be an integral part of the teaching program of the college of medicine. Should a patient, or on the behalf of the patient, the patient's representative, refuse to participate or cooperate in the teaching program of the Ohio state university hospitals or the college of medicine, the medical staff member responsible for the care and treatment of the patient will encourage participation in the Ohio state university's teaching programs, but will simultaneously inform patients, or when appropriate, the patient's representative, of their right to refuse participation. Students, including pre- and post-M.D., but not limited thereto, shall be under the direction and control of the members of the medical staff to whom the patient is assigned upon admission to the Ohio state university hospitals or transfer within the Ohio state university hospitals' services. The Ohio state university hospitals respect the patient's right to participate in decisions about his or her care, treatment and services, and further respects the patient's right to refuse care treatment and services, in accordance with law and regulation.

Last updated December 29, 2023 at 8:42 AM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-04 Membership.

(A) Qualifications.

(1) Membership on the medical staff of the Ohio state university hospitals is a privilege extended to doctors of medicine, osteopathic medicine, dentistry, and to practitioners of psychology and podiatry who consistently meet the qualifications, standards, and requirements set forth in the bylaws, rules and regulations of the medical staff, the Wexner medical center board and the board of trustees of the Ohio state university. Membership on the medical staff is available on an equal opportunity basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, handicap, or veteran/military status. Doctors of medicine, osteopathic medicine, dentistry, and practitioners of psychology and podiatry in faculty and administrative positions who desire medical staff membership shall be subject to the same procedures as all other applicants for the medical staff.

(2) All members of the medical staff of the Ohio state university hospitals shall, except as specifically provided in university bylaws, be members of the faculty of the Ohio state university college of medicine, or in the case of dentists, of the Ohio state university college of dentistry. All members, except for physician scholar medical staff, shall be duly licensed or certified to practice in the state of Ohio. Members of the limited staff shall possess a valid training certificate, or an unrestricted license from the applicable state board based on the eligibility criteria defined by that board. All members of the medical staff and limited staff and licensed health care professionals with clinical privileges shall comply with provisions of state law and the regulations of the state medical board or other state licensing board if applicable. Only those physicians, dentists, and practitioners of psychology and podiatry who can document their education, training, experience, competence, adherence to the ethics of their profession, dedication to educational and research-goals, and ability to work with others with sufficient adequacy to assure the Wexner medical center board and the board of trustees of the Ohio state university that any patient treated by them at university hospitals will be given the high quality of medical care provided at university hospitals, shall be qualified for membership on the medical staff of the Ohio state university hospitals.

All applicants for membership, clinical privileges, and members of the medical staff must provide basic health information to fully demonstrate that the applicant or member has, and maintains, the ability to perform requested clinical privileges. The chief medical officer of the medical center, medical directors, the department chairperson, the credentialing committee, the medical staff administrative committee, the quality and professional affairs committee of the Ohio state university Wexner medical center board, or the Ohio state university Wexner medical center board may initiate and request a physical or mental health evaluation of an applicant or member. Such request shall be in writing to the applicant. All members of the medical staff and licensed health care professionals will comply with medical staff and the Ohio state university policies regarding employee and medical staff health and safety; uncompensated care; and will comply with appropriate administrative directives and policies to avoid disrupting those operations of the Ohio state university hospitals which adversely impact overall patient care or which adversely impact the ability of the Ohio state university hospitals employees or staff to effectively and efficiently fulfill their responsibilities. All members of the medical staff and licensed health care professionals shall agree to comply with bylaws, rules and regulations, and policies and procedures adopted by the medical staff administrative committee and the Wexner medical center board, including but not limited to policies on professionalism, behaviors that undermine a culture of safety. Annual education and training approved by the medical staff administrative committee or as required by the Wexner medical center to meet accreditation standards, federal regulations, or quality and safety goals is required for medical staff members with clinical privileges in addition to conflict of interest disclosure. Medical staff members and licensed health care professionals with clinical privileges must also comply with the university integrity program requirements including but not limited to billing, self referral, ethical conduct and annual education. Medical staff members and licensed health care professionals with clinical privileges must immediately disclose to the chief medical officer and the department chairperson the occurrence of any of the following events: a licensure action in any state, any malpractice claims filed in any state or an arrest by law enforcement.

(3) All members of the medical staff and credentialed providers must maintain continuous uninterrupted enrollment with all governmental health care programs.

(a) It shall be the duty of all medical staff members and credentialed providers to promptly inform the chief medical officer and the corporate credentialing office of any investigation, action taken, or the initiation of any process which could lead to an action taken by any governmental programs.

(b) Exclusion of any medical staff member or credentialed provider from participation in any federal or state government program or suspension from participation, in whole or part, in any federal or state government reimbursement program, shall result in immediate lapse of membership on the medical staff of the Ohio state university hospitals and the immediate lapse of clinical privileges at the Ohio state university hospitals as of the effective date of the exclusion or suspension. Medical staff members may submit a request to resign their medical staff membership to the chief medical officer in lieu of automatic termination. The resignation in lieu of automatic termination shall be discussed at the next credentialing committee and medical staff administrative committee in order to provide recommendations to the quality and professional affairs committee of the Wexner medical center board. A final determination should be decided by the quality and professional affairs committee at its next regular meeting.

(c) If the medical staff member's or credentialed provider's participation in all governmental programs is fully reinstated, the affected medical staff member or credentialed provider shall be eligible to apply for membership and clinical privileges at that time.

(4) An applicant for membership shall at the time of appointment or reappointment, be and remain board certified in his or her primary are of practice at the Ohio state university hospitals. This board certification must be approved by at least one of the American board of medical specialties, or other applicable certifying boards, including certifying boards if applicable for doctors of osteopathy, podiatry, psychology, and dentistry. All applicants must be and remain certified within the specific areas for which they have requested clinical privileges. Applicants who are not board certified at the time of application but who have completed their residency or fellowship training within the last five years will be eligible for medical staff appointment. However, in order to remain eligible, those applicants must achieve board certification in their primary area of practice within five years from the date of completion of their residency or fellowship training. Applicants must maintain board certification and, to the extent required by the applicable specialty/subspecialty board, satisfy recertification requirements. Recertification will be assessed at reappointment. Failure to meet or maintain board certification shall result in immediate termination of membership on the medical staff of the Ohio state university hospitals.

(5) All applicants must demonstrate recent clinical activity in their primary area of practice during the last three years to satisfy minimum threshold criteria for privileges within their clinical departments.

(6) Waiver requests for the threshold eligibility requirements listed in paragraphs (A)(3) to (A)(5) of this rule may be requested and considered as follows:

(a) A request for a waiver will only be considered if the applicant provides information sufficient to satisfy his or her burden of demonstrating that his or her qualifications are equivalent to or exceed the criterion in question and that there are exceptional circumstances that warrant a waiver. The clinical department chief must endorse the request for waiver in writing to the credentialing committee.

(b) The credentialing committee may consider supporting documentation submitted by the prospective applicant, any relevant information from third parties, input from the relevant department chiefs, and the best interests of the hospital and the communities it serves. The credentialing committee will forward its recommendation, including the basis for such, to the medical staff administrative committee.

(c) The medical staff administrative committee will review the recommendation of the credentialing committee and make a recommendation to the quality and professional affairs committee of the Ohio state university medical center and the Wexner medical center board regarding whether to grant or deny the request for a waiver and the basis for its recommendation.

(d) The Ohio state university Wexner medical center board's determination regarding whether to grant a waiver is final. A determination not to grant a waiver is not a "denial" of appointment or clinical privileges and does not give rise to a right to a hearing. The prospective applicant who requested the waiver in a particular case is not intended to set a precedent for any other applicant. A determination to grant a waiver does not mean that an appointment will be granted. Waivers of threshold eligibility criteria will not be granted routinely. No applicant is entitled to a waiver or to a hearing if a waiver is not granted.

(e) Waiver requests for the threshold eligibility requirement listed in paragraph (A)(3) of this rule may only be considered for applicants who have voluntarily opted out of governmental health care programs. Applicants who have been excluded or suspended shall be ineligible to request a waiver.

(f) Waivers to requirements prescribed by regulatory, accrediting, or other external agencies will not be granted.

(7) Any medical staff member whose membership has been terminated pursuant to paragraph (A)(3) or (A)(4) of this rule shall not be entitled to request a hearing and appeal in accordance with rule 3335-43-06 of the Administrative Code. Any licensed health care professional whose clinical privileges have been terminated pursuant to paragraph (A)(4) of this rule may not request an appeal in accordance with paragraph (G)(3) of rule 3335-43-07 of the Administrative Code.

(8) No applicant shall be entitled to medical staff membership and or clinical privileges merely by the virtue of fulfilling the listed qualifications or holding a previous appointment to the medical staff.

(B) Application for membership.

Initial application for medical staff membership for all categories of the medical staff shall be made by the applicant to the chief of the clinical department on forms prescribed by the medical staff administrative committee stating the qualifications and references of the applicant and giving an account of the applicant's current licensure, relevant professional training and experience, current competence and ability to perform the clinical privileges requested. All applications for appointment must specify the clinical privileges requested. Applications may be made only if the applicant meets the qualifications outlined in paragraph (A) of this rule. The application shall include written statements of the applicant to abide by the bylaws, rules and regulations and policies and procedures of the medical staff, the Wexner medical center board, and the board of trustees of the Ohio state university. The applicant shall produce a government-issued photo identification to verify his/her identity pursuant to hospital/medical staff policy. The applicant shall agree that membership on the medical staff requires participation in the peer review process of evaluating credentials, medical staff membership and clinical privileges, and that a condition for membership requires mutual covenants between all members of the medical staff to release one another from civil liability in this review process as long as the peer review was taken in the reasonable belief that it was in furtherment of quality health care based upon a reasonable review and appropriate procedural due process. In order to optimize the clinical organization resource utilization and planning of the Ohio state university hospitals, the chief of the clinical department may require that the community affiliate D medical staff member identify categories of diagnosis, extent of anticipated patient activity, and service areas to be utilized and may prepare a statement of participation for the applicant, which shall be made a part of the application for appointment. A separate record shall be maintained for each applicant requesting appointment to the medical staff.

(C) Terms of appointment. Initial appointment to the medical staff shall be for a period not to exceed thirty-six months. During the first six months of the initial appointment, except for medical staff appointments without clinical privileges, appointees shall be subject to focused professional practice evaluation (FPPE) in order to evaluate the privilege-specific competence of the practitioner who does not have documented evidence of competently performing the requested privilege at the organization pursuant to university bylaws. FPPE requires the evaluation by of the chief of the clinical department with oversight by the credentials committee and the medical staff administrative committee. Following the six-month FPPE period, the chief of the clinical department may: (1) recommend the initial appointee to transition to ongoing professional practice evaluation (OPPE), which is described later in university bylaws to the medical staff administrative committee; (2) extend the FPPE period, which is not considered an adverse action, for an additional six months not to exceed a total of twelve months for purposes of further monitoring and evaluation; or (3) terminate the initial appointee's medical staff membership and clinical privileges. In the event that the medical staff administrative committee recommends that an adverse action be taken against an initial appointee, the initial appointee shall be entitled to the provisions of due process as outlined in university bylaws.

(D) Ethics and ethical relationship. The code of ethics as adopted, or as may be amended, by the American medical association, the American dental association, the American psychological association, American osteopathic association and the American podiatric medical association shall govern the professional ethical conduct of the respective members of the medical staff.

(E) Procedure for appointment.

(1) The written and signed application for membership on the medical staff shall be presented to the applicable chief of the clinical department. The applicant shall include in the application a signed statement indicating the following:

(a) If the applicant should be accepted to membership on the medical staff, the applicant agrees to be governed by the bylaws, rules and regulations of the medical staff, the Wexner medical center board and the board of trustees of the Ohio state university.

(b) The applicant consents to be interviewed in regard to the application.

(c) The applicant authorizes the Ohio state university hospitals to consult with members of the medical staffs of other hospitals with which the applicant has been or has attempted to be associated, and with others who may have information bearing on the applicant's competence, character and ethical qualifications.

(d) The applicant consents to the Ohio state university hospitals' inspection of all records and documents that may be material to the evaluation of the applicant's professional qualifications and competence to carry out the clinical and educational privileges for which the applicant is seeking as well as the applicant's professional ethical qualifications for medical staff membership.

(e) The applicant releases from any liability:

(i) All representatives of university hospitals for acts performed in connection with evaluating the applicant's credentials or releasing information to other institutions for the purpose of evaluating the applicant's credentials in compliance with university bylaws performed in good faith; and

(ii) All third parties who provide information, including otherwise privileged and confidential information, to members of the medical staff, the Ohio state university hospitals staff, Ohio state university Wexner medical center board members and members of the Ohio state university board of trustees concerning the applicant's credentials performed in good faith.

(f) The applicant has an affirmative duty to disclose any prior termination, voluntary or involuntary, current loss, restriction, denial, or the voluntary or involuntary relinquishment of any of the following: professional licensure, board certification, DEA registration, membership in any professional organization or medical staff membership or privileges at any other hospital or health care facility.

(g) The applicant further agrees to disclose to the chief medical officer of the Ohio state university hospitals the initiation of any process which could lead to such loss or restriction of the applicant's professional licensure, board certification, DEA registration, membership in any professional organization or medical staff membership or privileges at any other hospital or health care facility.

(h) The applicant agrees that acceptance of membership on the medical staff of the Ohio state university hospitals authorizes the Ohio state university hospitals to conduct any appropriate health assessment including but not limited to drug or alcohol screens on a practitioner at any time during the normal pursuit of medical staff duties, based upon reasonable cause as determined by the chief of the practitioner's clinical department or the chief medical officer of the Ohio state university hospitals or their authorized designees.

(2) The purpose of the health assessment shall be to ensure that the member of the medical staff is able to fully perform and discharge the clinical, educational, administrative and research responsibilities which the member is permitted to exercise by reason of medical staff membership. If, at the time of the initial request for a health assessment, and at any time a medical staff member refuses to participate as needed in a health assessment, including but not limited to a drug or alcohol screening, this shall result in automatic lapse of membership, privileges, and prerogatives until remedied by compliance with the requested health assessment. Upon request of the medical staff administrative committee or Wexner medical center board, the applicant will provide documentation the applicant's physical and mental status with sufficient adequacy to demonstrate that any patient treated by the applicant will receive care of a generally professionally recognized level of quality and efficiency. The conditions of this paragraph shall be deemed continuing and may be applicable to issues of continued good standing as a member of the medical staff.

(3) An application for membership on the medical staff shall be considered complete when all the information requested on the application form is provided, the application is signed by the applicant and the information is verified. A completed application must contain:

(a) Peer recommendation from at least three individuals with "first hand" knowledge about the applicant's clinical and professional skills.

(b) Evidence of required immunizations.

(c) Evidence of current professional medical malpractice liability coverage required for the exercise of clinical privileges.

(d) Satisfaction of ECFMG requirements, if applicable. If an individual receives a conceded eminence certificate or a clinical research faculty certificate from the state medical board of Ohio, the requirement for ECFMG certification may be waived at the discretion of the Wexner medical center board.

(e) Verification by primary source documentation of:

(i) Current and previous state licensure;

(ii) Faculty appointment (not required for community affiliate B, community affiliate C, community affiliate D or contracted category);

(iii) DEA registration when required for exercise of clinical privileges;

(iv) Graduation from an accredited medical or professional school;

(v) Successful completion or record of post graduate medical or professional education; and

(vi) Board certification active candidacy for board certification (may not be required for community affiliate B, community affiliate C and community affiliate D categories) or applicant qualifies for a waiver pursuant to paragraph (A)(6) of rule 3335-43-04 of the Administrative Code.

(f) Information from the national practitioner data bank.

(g) Verification that the applicant has not been excluded from any federally funded health care program.

(h) Complete disclosure by applicant of all past and current claims, suits, and settlements, if any.

(i) Completion of a criminal background investigation that meets the requirements of the Wexner medical center.

(j) Completion of drug testing for substances required for individuals applying for clinical privileges and in accordance with Wexner medical center approved testing protocols.

(k) Verification of completion of annual educational requirements approved by the medical staff administrative committee and maintained in the chief medical officer's office.

(l) Demonstration of recent active clinical practice during the last three years required for exercise of clinical privileges.

(m) Attestation of current Ohio automated Rx reporting system ("OARRS") account for all applicants who have a DEA registration.

(4) The chief of the applicable clinical department shall be responsible for investigating and verifying the character, qualifications, and professional standing of the applicant by making inquiry of the primary source of such information and shall within thirty days of receipt of the complete application, submit a report of those findings along with a recommendation on membership and clinical privileges to the chief medical officer of the Ohio state university hospitals.

(5) The chief medical officer shall receive all initial signed and verified applications from the chief of the clinical department and shall make an initial determination as to whether the application is complete. The credentials committee, the medical staff administrative committee, the quality and professional affairs committee, and the Wexner medical center board have the right to render an application incomplete, and therefore not able to be processed, if the need arises for additional or clarifying information.

The chief medical officer shall forward all complete applications to the credentials committee. The applicant shall have the burden of producing information for an adequate evaluation of applicant's qualifications for membership and for the clinical privileges requested. If the applicant fails to complete the prescribed forms or fails to provide the information requested within sixty days of receipt of the signed application, processing of the application shall cease and the application shall be deemed to have been voluntarily withdrawn which action is not subject to hearing or appeal pursuant to rule 3335-43-06 of the Administrative Code.

If the chief of the applicable clinical department does not submit a report and recommendation on a timely basis, the completed application shall be forwarded to the chief medical officer for presentation to the credentials committee on the same basis as other applicants.

(6) Completed applications shall be acted upon as follows:

(a) By the credentials committee within thirty days after receipt of a completed application from the chief medical officer.

(b) By the medical staff administrative committee within thirty days after receipt of a completed application and the report and recommendation of the credentials committee.

(c) By the quality and professional affairs committee through the expedited credentialing process or Wexner medical center board within sixty days after receipt of a completed application and the report and recommendation of the medical staff administrative committee.

All applications shall be acted upon by the Ohio state university Wexner medical center board within one hundred twenty days of receipt of a completed application. These time periods are deemed guidelines only and do not create any right to have an application processed within these precise periods. These periods may be stayed or altered pending receipt and verification of further information requested from the applicant, or if the application is deemed incomplete at any time. If the procedural rights specified in rule 3335-43-06 of the Administrative Code are activated, the time requirements provided therein govern the continued processing of the application.

(7) The credentials committee shall review the application, evaluate and verify the supporting documentation, references, licensure, the chief of the clinical department's report and recommendation, and other relevant information. The credentials committee shall examine the character, professional competence, professional conduct, qualifications and ethical standing of the applicant and shall determine, through information contained in personal references and from other sources available to the credentials committee, including an appraisal from the chief of the clinical department in which clinical privileges are sought, whether the applicant has established and meets all of the necessary qualifications for the category of medical staff membership and clinical privileges requested. The credentials committee shall, within thirty days from receipt of a complete application, make a recommendation to the chief medical officer that the application be accepted, rejected, or modified. The chief medical officer shall forward the recommendation of the credentials committee to the medical staff administrative committee. The credentials committee or the chief medical officer may recommend to the medical staff administrative committee that certain applications for appointment be reviewed in executive session. The recommendation of the medical staff administrative committee regarding an appointment decision shall be made within thirty days of receipt of the credentials committee recommendation and shall be communicated by the chief medical officer, along with the recommendation of the chief medical officer to the quality and professional affairs committee of the Wexner medical center board, and thereafter to the Wexner medical center board. When the Ohio state university Wexner medical center board has acted, the chairperson of the board shall instruct the chief medical officer to transmit the final decision to the chief of the clinical department and applicant and, if appropriate, to the director of the applicable clinical division.

(8) At any time the medical staff administrative committee first recommends non-appointment of an initial applicant for medical staff membership or recommends denial of any clinical privileges requested by the applicant, the medical staff administrative committee shall require the chief medical officer to notify the applicant by certified return receipt mail that the applicant may request an evidentiary hearing as provided in paragraph (D) of rule 3335-43-06 of the Administrative Code. The applicant shall be notified of the requirement to request a hearing as provided by paragraph (B) of rule 3335-43-06 of the Administrative Code. If a hearing is properly requested, the applicant shall be subject to the rights and responsibilities of rule 3335-43-06 of the Administrative Code. If an applicant fails to properly request a hearing, the medical staff administrative committee shall accept, reject, or modify the application for appointment to membership and clinical privileges.

The final recommendation of the medical staff administrative committee shall be directly communicated to the Wexner medical center board by the chief medical officer, who shall make a separate recommendation to the Wexner medical center board.

When the Ohio state university Wexner medical center board has acted, the chairperson of the board shall instruct the chief medical officer to transmit the final decision to the chief of the clinical department and applicant and, if appropriate, to the director of the applicable clinical division. The chairperson of the board shall also notify the dean of the college of medicine and the chief executive officer of the Ohio state university hospitals of the decision of the board.

(F) Procedure for reappointment

(1) At least ninety days prior to the end of the medical staff member's appointment period, the chief of the clinical department shall provide each medical staff member with an application for reappointment to the medical staff on forms prescribed by the medical staff administrative committee. The reappointment application shall include all information necessary to update and evaluate the qualifications of the medical staff member. The chief of the clinical department shall review the information available on each medical staff member, and the chief of the clinical department shall make recommendations regarding reappointment to the medical staff and for granting clinical privileges for the ensuing appointment period. The chief of the clinical department's recommendation shall be transmitted in writing along with the signed and completed reappointment forms to the chief medical officer at least forty-five days prior to the end of the medical staff member's appointment period.

The terms of paragraphs (A), (B), (C), (D), (E)(1), and (E)(2) of this rule shall apply to all applicants for reappointment. Reappointment to the medical staff shall be done on a regular basis for a period not to exceed thirty-six months. Only completed applications for reappointment shall be considered by the credentials committee. An application for reappointment is complete when all the information requested on the reappointment application form is provided, the reappointment form is signed by the applicant, and the information is verified, and no need for additional or clarifying Information is identified. A completed reappointment application form must contain:

(a) Evidence of required immunizations if applicable since last appointment.

(b) Evidence of current professional medical malpractice liability insurance required for the exercise of clinical privileges.

(c) Verification of primary source documentation of:

(i) State licensure;

(ii) DEA registration when required for clinical privileges;

(iii) Successful completion or record of additional post graduate medical or professional education; and

(iv) Board certification, re-certification, or continued active candidacy for certification (may not be required for community affiliate category) or applicant qualifies for a waiver pursuant to paragraph (A)(4) of rule 3335-43-06 of the Administrative Code.

(d) Information from the national practitioner data bank.

(e) Verification that the applicant has not been excluded from any federally funded health care program.

(f) Specific requests for any changes in clinical privileges sought at reappointment with supporting documentation as required by credentialing guidelines.

(g) Specific requests for any changes in medical staff category.

(h) A summary of the member's clinical activity during the previous appointment period.

(i) Patterns of care as demonstrated through quality assurance records.

(j) Verification of completion of annual educational requirements approved by the medical staff administrative committee and maintained in the chief medical officer's office.

(k) Complete disclosure by medical staff members of claims, suits, and settlements, if any.

(l) Continuing medical education and applicable continuing professional education activities. Documentation of category one CME that at least in part relates to the individual medical staff member's specialty or sub-specialty area and are consistent with the licensing requirements of the applicable Ohio state licensing board shall be required.

(m) Attestation of current OARRS account for all applicants who have a DEA registration.

(2) The member for reappointment shall be required to submit any reasonable evidence of current ability to perform the clinical privileges requested. The chief of the clinical department shall review and evaluate the reappointment application and the supporting documentation. The chief of the clinical department shall evaluate all matters relevant to recommendation, including the member's professional competence; clinical judgment; clinical or technical skills; ethical conduct; participation in medical staff affairs; compliance with the bylaws, rules and regulations of the medical staff, the Wexner medical center board, and the board of trustees of the Ohio state university; cooperation with the Ohio state university hospitals' personnel and the use of the Ohio state university hospitals' facilities for patients; relations with other physicians, other health professionals or other staff, and maintenance of a professional attitude toward patients; and the responsibility to the Ohio state university hospitals and the public.

(3) The chief medical officer shall forward the reappointment forms and the recommendations of the chief of the clinical department to the credentials committee. The credentials committee shall review the request for reappointment in the same manner, and with the same authority as an original application for medical staff membership. The credentials committee shall review all aspects of the reappointment application including source verification of the member's quality assurance record for continuing membership qualifications and for clinical privileges. The credentials committee shall review each member's performance-based profile to ensure that the same level of quality of care is delivered by all medical staff members with similar delineated clinical privileges across all clinical departments and across all categories of medical staff membership.

The credentials committee shall forward its recommendations to the chief medical officer at least thirty days prior to the end of the period of appointment. The chief medical officer shall transmit the completed reappointment application and the recommendation of the credentials committee to the medical staff administrative committee.

Failure of the member to submit a reappointment application shall be deemed a voluntary resignation from the medical staff and shall result in automatic expiration of membership and all clinical privileges at the end of the medical staff member's current appointment period, which action shall not be subject to a hearing or appeal pursuant to rule 3335-43-06 of the Administrative Code. A request for reappointment subsequently received from a member who has been automatically expired shall be processed as a new appointment.

Failure of the chief of the clinical department to act timely on an application for reappointment shall be the same as provided in paragraph (E)(5) of this rule.

(4) The medical staff administrative committee shall review each request for reappointment in the same manner and with the same authority as an original application for medical staff membership. The medical staff administrative committee shall accept, reject, or modify the request for reappointment in the same manner and with the same authority as an original application for medical staff membership. The recommendation of the medical staff administrative committee regarding reappointment of a member shall be communicated by the chief medical officer, along with the recommendation of the chief medical officer, to the quality and professional affairs committee of the Wexner medical center board, and thereafter to the Wexner medical center board. When the Ohio state university Wexner medical center board has acted, the chairperson of the board shall instruct the chief medical officer to transmit the final decision to the chief of the clinical department and applicant and, if appropriate, to the director of the applicable clinical division.

(5) When the decision of the medical staff administrative committee results in a decision of non-reappointment or reduction, suspension or revocation of clinical privileges, the medical staff administrative committee shall instruct the chief medical officer to give written notice to the affected member of the decision, the stated reason for the decision, and the member's right to a hearing pursuant to paragraphs (A) and (B) of rule 3335-43-06 of the Administrative Code. This notification and an opportunity to exhaust the appeal process shall occur prior to an adverse decision unless the provisions outlined in paragraph (D) of rule 3335-43-05 of the Administrative Code apply. The notice by the chief medical officer shall be sent certified return receipt mail to the affected member's last known address as determined by the Ohio state university records.

(6) If the affected member of the medical staff does not make a written request for a hearing to the chief medical officer within thirty-one days after receipt of the adverse decision, it shall be deemed a waiver of the right to any hearing or appeal as provided in rule 3335-43-06 of the Administrative Code to which the staff member might otherwise have been entitled on the matter

(7) If a timely, written request for hearing is made, the procedures set forth in rule 3335-43-06 of the Administrative Code shall apply.

(G) Resumption of clinical activities following leave of absence.

(1) A member of the medical staff or credentialed provider shall request a leave of absence in writing for good cause shown such as medical reasons, educational and research reasons or military service to the chief of clinical service and the chief medical officer. Such leave of absence shall be granted at the discretion of the chief of the clinical service and the chief medical officer provided, however, such leave shall not extend beyond the term of the member's or credentialed provider's current appointment. A member of the medical staff or credentialed provider who is experiencing health problems that may impair his or her ability to care for patients has the duty to disclose such impairment to his or her chief of clinical department and the chief medical officer and the member or credentialed provider shall be placed on immediate medical leave of absence until such time the member or credentialed provider can demonstrate to the satisfaction of the chief medical officer that the impairment has been sufficiently resolved and can request for reinstatement of clinical activities. During any leave of absence, the member or credentialed provider shall not exercise his or her clinical privileges, and medical staff responsibilities and prerogatives shall be inactive.

(2) The member or credentialed provider must submit a written request for the reinstatement of clinical privileges to the chief of the clinical service. The chief of the clinical service shall forward his recommendation to the credentialing committee which, after review and consideration of all relevant information, shall forward its recommendation to the medical staff administrative committee and quality and professional affairs committee of the Wexner medical center board. The credentials committee, the chief medical officer, the chief of the clinical service or the medical staff administrative committee shall have the authority to require any documentation, including advice and consultation from the member's or credentialed provider's treating physician or the committee for practitioner health that might have a bearing on the medical staff member's or credentialed provider's ability to carry out the clinical and educational responsibilities for which the medical staff is seeking privileges. Upon return from a leave of absence for medical reasons the medical staff member or credentialed provider must demonstrate his or her ability to exercise his or her clinical privileges upon return to clinical activity.

(3) All members of the medical staff or credentialed providers who take a leave of absence for medical or non-medical reasons must be in good standing on the medical staff upon resumption of clinical activities. No member shall be granted leave of absence in excess or his or her current appointment and the usual procedures for appointment and reappointment, including deadlines for submission of application as set forth in this rule, will apply irrespective of the nature of the leave. Absence extending beyond his or her current term or failure to request reinstatement of clinical privileges shall be deemed a voluntary resignation from the medical staff and of clinical privileges, and in such event, the member or credentialed provider shall not be entitled to a hearing or appeal.

Last updated January 20, 2026 at 8:17 AM

History

  • Effective: January 16, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-06

(A) Right to hearing and to an appeal.

(1) When a member of the medical staff who has exhausted all remedies under paragraphs (E) and (F) of rule 3335-43-04 of the Administrative Code on appointment or reappointments; or under rule 3335-43-05 of the Administrative Code for corrective action; or who has been summarily suspended under paragraph (D) of rule 3335-43-05 of the Administrative Code the staff member shall be entitled to an adjudicatory hearing.

(2) A medical staff member shall not be entitled to a hearing under the following circumstances:

(a) Denial by the Wexner medical center board to grant a waiver of board certification for a medical staff member.

(b) Termination of a medical staff member because of exclusion from participation in any government reimbursement program.

(c) Voluntary withdrawal of a medical staff application.

(d) Failure to submit a reappointment application.

(e) A leave of absence extending beyond current appointment or failure to request reinstatement of clinical privileges following a leave of absence.

(f) Actions or recommendations resulting from an informal peer review.

(g) Termination of community affiliate C medical staff appointments upon approval by the Wexner medical center board.

(3) All hearings and appeals shall be in accordance with the procedural safeguards set forth in this rule to assure that the affected medical staff member is accorded all rights to which the member is entitled.

(B) Request for hearing.

(1) The request for a hearing shall be submitted in writing by the affected medical staff member to the chief medical officer within thirty days of notification by the chief medical officer of the intended action. The chief medical officer shall forward the request to the medical staff administrative committee along with instructions to convene a hearing.

(2) The failure of a medical staff member to request a hearing, to which the member is entitled by these bylaws within the time and in the manner herein provided, shall be deemed a waiver of the right to any review by the medical staff administrative committee. The chief medical officer shall then implement the decision and that action shall become and remain effective against the medical staff member in the same manner as a final decision of the Ohio state university Wexner medical center board as provided for in paragraph (F) of rule 3335-43-05 of the Administrative Code. The chief medical officer shall promptly inform the affected medical staff member that the proposed decision, which had entitled the medical staff member to a hearing, has now become final.

(C) Notice of hearing.

(1) After receipt of a timely request for hearing by the chief medical officer from a medical staff member entitled to such hearing, the medical staff administrative committee shall be notified of the request for hearing by the chief medical officer and shall at the next scheduled meeting take the following action:

(a) Instruct the chief medical officer and chief of staff to jointly appoint within seven days a hearing committee, consisting of five members of the medical staff who are not members of the medical staff administrative committee, are not direct competitors, do not have a conflict of interest, and who have not previously participated in the formal peer review of the matter under consideration.

(b) Instruct the hearing committee to schedule and arrange for a hearing which hearing shall be conducted not less than thirty days nor more than sixty days from the date of the receipt of the request for hearing by the chief medical officer; provided, however, that a hearing for a medical staff member who is under suspension, which is then in effect, shall be held as soon as arrangements may be reasonably made.

(2) The medical staff member shall be given at least ten days prior notice of the scheduled hearing, provided that this notice may be waived in writing by the medical staff member. Notice shall be by certified return receipt mail to the staff member at the staff member's last known address as reflected by university records. The notice of hearing shall state in concise language the acts or omissions with which the medical staff member is charged; a list of representative medical records or documents being used; names of potential witnesses to be called; and any other reason or evidence that may be considered by the hearing committee during the hearing.

(D) Conduct of hearing.

(1) The hearing committee shall select a chairperson from the committee to preside over the hearing. The chairperson may require a representative for the individual and for the medical staff administrative committee (or the Wexner medical center board) to participate in a pre-hearing conference. At the pre-hearing conference, the chairperson shall resolve all procedural questions, including any objections to exhibits or witnesses, the role of legal counsel, and determine the time to be allotted to each witness's testimony and cross-examination.

The hearing committee shall have benefit of Ohio state university legal counsel. The hearing committee may grant continuances, recesses, and the chairperson may excuse a member of the hearing committee from attendance temporarily for good cause, provided that there shall be at no time less than four members of the hearing committee present unless the affected staff member waives this requirement.

All members of the hearing committee must be present to deliberate and vote. No member may vote by proxy. The person who has taken action from which the affected staff member has requested the hearing shall not participate in the deliberation or voting of the hearing committee. The hearing shall be a de novo hearing, although evidence of the prior recommendations and decisions may be presented.

(2) An accurate record of the hearing shall be kept. The mechanism for taking the record shall be by the use of a professional stenographer. This record shall be available to the affected member of the medical staff upon request at the member's expense.

(3) The personal presence of the medical staff member for whom the hearing has been scheduled shall be required. A medical staff member who fails without good cause to appear and proceed at such hearing shall be deemed to have waived all rights to appear and to have a hearing before the medical staff administrative committee in the same manner as provided in paragraph (B) of this rule, and to have accepted the adverse recommendation or decision involved and the same shall therein become and remain in effect as provided in paragraph (B) of this rule. The medical staff administrative committee may, in its own discretion, order the hearing committee to proceed with the hearing without the medical staff member and impose a sanction which is greater or lesser than that originally imposed.

(4) The hearing need not be conducted strictly according to the rules of law related to the examination of witnesses or presentation of evidence. Any relevant matters upon which responsible persons customarily rely in the conduct of serious affairs shall be considered, regardless of the existence of any common law or statutory rule which might make evidence inadmissible over objection in civil or criminal action. The member of the medical staff for whom the hearing is being held shall, prior to, or during the hearing, be entitled to submit memoranda concerning any issues of procedure or of fact and such memoranda shall become a part of the hearing record.

(5) The affected medical staff member shall have the following rights: to be represented by an attorney at law and to call and examine witnesses; to introduce evidence; to cross-examine any witnesses on any matter relevant to the issue of the hearing; and to challenge any witness and to rebut any evidence. If the medical staff member does not testify in his or her own behalf, the staff member may be called and examined as if under cross-examination.

(6) The hearing committee shall request the person who has taken the action from which the affected staff member has requested the hearing to present evidence to the hearing committee in support of the adverse recommendation. The hearing committee may proceed to hear evidence and testimony from either party in whatever order the hearing committee deems appropriate. The hearing committee may call its own witnesses, may recall any parties witnesses, and may question witnesses as it deems appropriate. All parties shall be responsible to secure the attendance of their own witnesses. All witnesses and evidence received by the hearing committee shall be open to challenge and cross-examination by the parties. Witnesses shall not be placed under oath. At the close of the evidence the hearing committee may request each party to make summary statements, either oral or written. The hearing committee may request legal representation from the Ohio state university.

(7) The hearing committee may, without special notice, recess the hearing and reconvene the same for the convenience of the participants or for the purpose of obtaining new or additional evidence or consultation. The hearing committee shall make its best effort to expeditiously determine the issues presented. The hearing committee may elect to limit its proceedings when sufficient material has been received. The parties may be required by the hearing committee to provide evidence in oral or written form. Upon conclusion of the presentation of oral and written evidence, the hearing shall be closed. The committee may thereupon, at a time convenient to itself, conduct its deliberations outside the presence of the medical staff member for whom the hearing was convened.

(8) Within sixty days after its appointment, the hearing committee shall forward its written report and recommendation together with the transcript of the hearing and all other documentation provided by the parties to the medical staff administrative committee. The affected medical staff member shall be notified of the recommendation of the hearing committee including a statement of the basis for the recommendation. The medical staff administrative committee shall accept, reject, or modify the recommendation of the hearing committee. The medical staff administrative committee may conduct further hearings as it deems necessary or may remand the matter back to the hearing committee for further action as directed. The medical staff administrative committee may impose a greater or lesser sanction than that recommended by the hearing committee.

(9) The medical staff administrative committee shall submit a written report, including its recommendation to the chairperson of the Wexner medical center board within fourteen days of the final vote by the medical staff administrative committee. An adverse action which must be reported to the state medical board or the federal government, including the national practitioner data bank, shall entitle an affected medical staff member to the procedures of this rule. The affected member of the medical staff shall be notified of the decision of the medical staff administrative committee by the chief medical officer.

(10) The decision and record of the medical staff administrative committee shall be transmitted to the quality and professional affairs committee of the Wexner medical center board, which shall, subject to the affected member's right to appeal and implementation of paragraph (E) of this rule, consider the matter at its next scheduled meeting, or at a special meeting to be held no less than thirty days following receipt of the transmittal. The quality and professional affairs committee may accept, reject, or modify the decision of the medical staff administrative committee. The quality and professional affairs committee may remand that matter back to the medical staff administrative committee for further action as directed.

(11) The recommendation of the quality and professional affairs committee shall be promptly considered by the Wexner medical center board, at its next scheduled meeting. The Wexner medical center board may accept, reject, or modify the recommendation of the quality and professional affairs committee. The Wexner medical center board may remand the matter back to the medical staff administrative committee for further action as directed.

(12) A copy of the Wexner medical center board decision shall be sent certified return receipt mail to the affected medical staff member at the member's last known address as determined by university records.

(E) Appeal process.

(1) Within thirty days after receipt of a notice by an affected medical staff member of the decision of the medical staff administrative committee, the member may, by written notice to the chairperson of the Ohio state university Wexner medical center board, request an appeal. The appeal shall only be held on the record before the medical staff administrative committee.

(2) If an appeal is not requested within thirty days, the affected medical staff member shall be deemed to have:

(a) Waived the member's right to appeal, and

(b) Accepted the adverse decision.

(3) The appeal shall be conducted by the quality and professional affairs committee of the Wexner medical center board.

(4) The affected medical staff member shall have access to the reports and records, including transcripts, if any, of the hearing committee and of the medical staff administrative committee and all other material, favorable or unfavorable, that has been considered by the medical staff administrative committee. The staff member shall then submit a written statement indicating those factual and procedural matters with which the member disagrees, specifying the reasons for such disagreement. This written statement may cover any matters raised at any step in the procedure to which the appeal is related, and legal counsel may assist in its preparation. Such written statement shall be submitted to the quality and professional affairs committee no later than seven days following the date of the affected member's notice of appeal.

(5) New or additional matters not raised during the hearing or in the medical staff administrative committee hearings shall only be considered on appeal at the sole discretion of the quality and professional affairs committee.

(6) Within fourteen days following submission of the written statement by the affected medical staff member, the quality and professional affairs committee shall recommend to the Ohio state university Wexner medical center board that the adverse decision be affirmed, modified or rejected, or to refer the matter back to the medical staff administrative committee for further review and recommendation. Such referral to the medical staff administrative committee may include a request for further investigation.

(7) Any final decision by the Wexner medical center board shall be communicated by the chief medical officer and by certified return receipt mail to the affected medical staff member at that member's last known address as determined by university records. The chief medical officer shall also notify in writing the executive vice president for health sciences, the dean of the college of medicine, the chief executive officer of the Ohio state university hospitals and the vice president for health services, chief of staff, the chief of the clinical department, and the person(s) who initiated the request for formal peer review. The chief medical officer shall take immediate steps to implement the final decision.

Last updated October 7, 2024 at 8:25 AM

History

  • Effective: October 7, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-07

The medical staff of the Ohio state university hospitals shall be divided into nine categories: attending; community affiliate A; community affiliate B; community affiliate C; community affiliate D; consulting; contracted; physician scholar and limited staff. Medical staff members who do not wish to obtain any clinical privileges shall be exempt from the requirements of medical malpractice liability insurance, DEA registration, demonstration of recent active clinical practice during the last three years and specific annual education requirements but are otherwise subject to the provisions of university bylaws.

(A) Attending.

(1) Qualifications: The attending medical staff shall consist of those faculty members of the colleges of medicine and dentistry to whom clinical teaching responsibilities are assigned in the Ohio state university hospitals and who satisfy the requirements and qualifications for membership set forth in rule 3335-43-04 of the Administrative Code. The assignment of teaching responsibility is the prerogative of the chief of the clinical department or the chief's designee.

(2) Prerogatives.

An attending medical staff member may:

(a) Admit patients consistent with their clinical privileges and the balanced teaching and patient care responsibilities of the Ohio state university hospitals. When, in the judgment of the chief of the clinical department, a balanced teaching program is jeopardized, following consultation with the dean of the college of medicine and the Ohio state university hospitals' chief executive officer, and with the concurrence of a majority of the medical staff administrative committee, the chief of the clinical department may restrict an attending medical staff member's ability to admit patients. Imposition of such restrictions shall not entitle the attending medical staff member to a hearing or appeal pursuant to rule 3335-43-06 of the Administrative Code.

(b) Be free to exercise such clinical privileges as are granted pursuant to university bylaws.

(c) Vote on all matters presented at general and special meetings of the medical staff and of the department and committees of which he or she is a member unless otherwise provided by resolution of the medical staff, clinical department, or committee and approved by the medical staff administrative committee.

(d) Hold office in the medical staff organization and in the clinical department and committees of which he or she is a member, unless otherwise provided by resolution of the medical staff, clinical department, or committee and approved by the medical staff administrative committee.

(3) Responsibilities:

Each member of the attending medical staff with clinical privileges shall:

(a) Meet the basic responsibilities set forth in rules 3335-43-02 and 3335-43-03 of the Administrative Code.

(b) Retain responsibility within the member's area of professional competence for the continuous care and supervision of each patient in the Ohio state university hospitals for whom the member is providing care, or arrange a suitable alternative for such care and supervision.

(c) Actively participate in such quality evaluation and monitoring activities as required by the medical staff, and discharge such medical staff functions as may be required from time to time.

(d) Satisfy the requirements set forth in rule 3335-43-11 of the Administrative Code for attendance at staff and departmental meetings and meetings of those committees of which he or she is a member and for payment of membership dues.

(e) Supervise members of the limited staff in the provision of patient care in accordance with accreditation standards and policies and procedures of approved clinical training programs. It is the responsibility of the attending physician to authorize each member of the limited staff to perform only those services which the limited staff member is competent to perform under supervision.

(f) Supervise other licensed healthcare professionals as necessary in accordance with accreditation standards and state law. It is the responsibility of the attending physician to authorize each licensed healthcare professional to perform only those services which the licensed healthcare professional is privileged to perform.

(g) Take call as assigned by the chief of the clinical department.

(B) Community affiliate A.

(1) Qualifications: The community affiliate A medical staff shall consist of physicians and other licensed healthcare professional who do not meet the criteria for attending medical staff appointment. This category includes community physicians and physicians employed by an affiliate entity who have clinical activity required for membership and actively participate in teaching programs.

(2) Prerogatives:

The community affiliate A medical staff may:

(a) Exercise such clinical privileges as are granted pursuant to these bylaws.

(b) Admit, consistent with their clinical privileges, patients who complement the clinical teaching program.

(c) Attend meetings as a member of the medical staff and the clinical department of which he or she is a member and any medical staff or the Ohio state university hospitals education programs. The community affiliate A medical staff member may vote on medical staff policies, bylaws, rules and regulations and for elected officials of the medical staff. Members of the community affiliate A medical staff may by appointed to serve on medical staff committees as provided by university bylaws.

(3) Responsibilities: Each member of the community affiliate A medical staff with clinical privileges shall be required to have a faculty appointment and discharge the basic responsibilities specified in paragraph (B)(3) of this rule.

(C) Community affiliate B.

(1) Qualifications: The community affiliate B medical staff shall consist of those doctors of medicine, osteopathic medicine, dentists and practitioners of podiatry or psychology who are employed by an affiliate entity, do not have patient activity at university hospitals but who are enrolled under institutional managed care contracts or other contractual arrangements and who work at facilities not owned by the Wexner medical center. Community affiliate B medical staff members shall not be required to obtain appointment to the faculty of the Ohio state university and will not possess clinical privileges. Community affiliate B medical staff shall not be eligible to hold office or required to pay medical staff dues and shall not be eligible to vote on medical staff policies, rules and regulations, or bylaws. Community affiliate B medical staff shall not be assigned to a clinical department under rule 3335-43-08 of the Administrative Code.

(2) Appointment and reappointment: For purposes of processing applications for appointment and reappointment of community affiliate B medical staff, the duties of the chief of the clinical department set forth in rule 3335-43-04 of the Administrative Code shall be assigned by the chief medical officer to be performed by the chief physician of the affiliate entity or authorized designee. To perform these duties on behalf of community affiliate B medical staff, the chief physician or authorized designee must be an active member of the medical staff under these bylaws and will also serve as a voting member on the medical staff administrative committee.

(3) Termination of medical staff membership: The medical staff membership of a community B affiliate physician shall automatically terminate upon loss of employment with the affiliate entity. This automatic termination shall not entitle the community B affiliate physician to any of the hearing processes set forth in rule 3335-43-06 of the Administrative Code.

(D) Community affiliate C.

(1) Qualifications: The community affiliate C medical staff shall consist of those physicians and other licensed healthcare professionals who do not qualify for attending medical staff appointment and shall not possess clinical privileges. This category is comprised of referring physicians who desire to be associated with the Ohio state university hospitals to refer and follow patients. Community affiliate C medical staff members shall not be eligible to vote on medical staff policies, rules and regulations, or bylaws, shall not be eligible to hold office and are not required to pay medical staff dues.

(2) Prerogatives:

Community affiliate C medical staff members may:

(a) Have access to the Ohio state university hospitals and shall be given notice of all medical staff activities and meetings.

(b) Attend meetings as a member of the medical staff and the clinical departments of which he or she is a member and any medical staff of the Ohio state univeristy hospitals education programs.

(c) The grant of community affiliate C medical staff appointment to physicians is a courtesy only and may be terminated by the Wexner medical center board upon recommendation of the medical staff administrative committee wihout the right to a hearing or appeal.

(E) Community affiliate D.

This is a closed medical staff category that was created as a one-time historical category for medical staff members of the Ohio state university hospitals east prior to July 1, 2007.

(1) Qualifications: Community affiliate medical staff shall consist of those doctors of medicine, osteopathic medicine, dentists and practitioners of podiatry or psychology who:

(a) Do not qualify for an attending medical staff appointment;

(b) Are community affiliate members seeking reappointment; and

(c) Satisfy the requirements and qualifications set forth in rule 3335-43-04 of the Administrative Code and are already appointed to the community affiliate medical staff pursuant to university bylaws.

(2) A community affiliate medical staff member shall meet and maintain the same standards for quality patient care applicable to all members of the medical staff. Community affiliate medical staff members shall be subject to university bylaws and the rules and regulations of the medical staff except as provided in this paragraph. The community affiliate medical staff member shall not be required to obtain appointment to the faculty of the Ohio state university. The community affiliate medical staff member shall not be subject to the requirement for board certification within the community affiliate medical staff member's respective area of practice if that requirement was waived when he or she became a member of the Ohio state university east medical staff. Teaching and research accomplishments shall not be required in determining the qualifications of applicants to this category of the medical staff.

(3) To optimize the clinical organization, resource utilization, and planning of the hospitals, the chief of the clinical department may require that the applicant for community affiliate medical staff membership to identify categories of diagnosis, extent of anticipated patient activity, and service areas to be utilized and may prepare a statement of participation for the applicant which will be made a part of the application for appointment.

(4) Prerogatives.

A community affiliate medical staff member may:

(a) Admit patients consistent with the limitations of bed and service allocations established by the medical directors and approved by the medical staff administrative committee, and the Wexner medical center board. If, in the judgment of the medical directors, a balanced teaching program is jeopardized, following consultation with the chief of the clinical department, and with the concurrence of a majority of the medical staff administrative committee, the medical director may restrict admissions of members of the community affiliate medical staff. Patients admitted under the care of the community affiliate medical staff will not be required to participate in the educational mission of the Ohio state university hospitals. Ordinarily, no coverage by the limited medical staff will be afforded, with the exception of emergency medical services.

(b) Exercise the clinical privileges granted, have access to all medical records, and be entitled to utilize the facilities of the Ohio state university hospitals incidental to the clinical privileges granted pursuant to university bylaws.

(c) Attend teaching and educational conferences approved by the Ohio state university, attend medical staff social functions, and participate as providers in the Ohio state university or the Ohio state university hospitals affiliated health plans.

(5) Responsibilities.

Each member of the community affiliate D medical staff shall:

(a) Participate in the management of and represent the interests of the clinical department for which he or she is granted clinical privileges. The community affiliate medical staff member shall comply with all provisions of university bylaws and rules and regulations of the medical staff, unless expressly exempted under this rule.

(b) The community affiliate medical staff member shall comply with all the Ohio state university hospitals' policies and accreditation standards, and shall be subject to the same quality evaluation, monitoring, and resource management requirements as other members of the medical staff.

(c) Be responsible within the member's area of professional competence for the continuous care and supervision of each patient in the Ohio state university hospitals for whom the member is providing care, or arrange a suitable alternative for such care and supervision.

(d) Not be eligible to vote on medical staff policies, rules and regulations, or bylaws or to hold office. Members of the community affiliate medical staff may serve on non-elected medical staff committees as provided by university bylaws.

(e) Be subject to payment of medical staff dues or assessments as approved by the medical staff.

(F) Consulting.

(1) Qualifications. The consulting medical staff shall consist of those faculty members of the colleges of medicine and dentistry who:

(a) Satisfy the requirements and qualifications for membership set forth in rule 3335-43-04 of the Administrative Code.

(b) Are consultants of recognized professional ability and expertise who provide a service not readily available from the attending medical staff. These practitioners provide services at the Ohio state university hospitals only at the request of attending or community affiliate A members of the medical staff.

(c) Demonstrate participation on the active medical staff at another accredited hospital requiring performance improvement/quality assessment activities similar to those of the Ohio state university hospitals. The practitioner shall also hold at such other hospital the same privileges, without restriction, that he/she is requesting at the Ohio state university hospitals. An exception to this qualification may be made by the Wexner medical center board provided the practitioner is otherwise qualified by education, training and experience to provide the requested service.

(2) Prerogatives.

Consulting medical staff members may:

(a) Exercise the clinical privileges granted for consultation purposes on an occasional basis when requested by an attending or community affiliate A medical staff member.

(b) Have access to all medical records and be entitled to utilize the facilities of the Ohio state university hospitals incidental to the clinical privileges granted pursuant to university bylaws.

(c) Not admit patients to the Ohio state university hospitals.

(d) Not vote on medical staff policies, rules and regulations, or bylaws, and may not hold office.

(e) Must actively participate in such quality evaluation and monitoring activities as required by the medical staff and as outlined in the medical staff policy entitled "Consulting medical staff member policy."

(f) Attend medical staff meetings, but shall not be entitled to vote at such meetings or hold office.

(g) Attend department meetings, but shall not be entitled to vote at such meetings or serve as chief of a clinical department.

(h) Serve as a non-voting member of a medical staff committee; provided, however, that he/she may not serve as a committee chair or as a member of the medical staff administrative committee.

(3) Responsibilities.

Each member of the consulting medical staff shall:

(a) Meet the basic responsibilities set forth in rules 3335-43-02 and 3335-43-03 of the Administrative Code.

(b) Be exempt from all medical staff dues.

(G) Contracted.

(1) Qualifications: contraced medical staff shall consist of those members who meet the requirements for medical staff membership and are providing services to Wexner medical center patients exclusively through a contract with the Wexner medical center. Contracted medical staff members shall meet and maintain the same standards for quality patient care applicable to all members of the medical staff and shall be subject to these bylaws and the rules and regulations of the medical staff except as provided in this paragraph.

Contracted medical staff shall not be required to obtain appointment to the faculty of the Ohio state university. Contracted medical staff shall not be eligible to vote on medical staff policies, rules and regulations, or bylaws, shall not be eligible to hold office or required to pay medical staff dues.

(2) Prerogatives:

Contracted medical staff may:

Exercise such clinical privileges as are granted pursuant to university bylaws.

(3) Any contracted medical staff member whose membership has been terminated due to loss of contract and/or clinical privileges shall not be entitled to request a hearing and appeal in accordance with rule 3335-43-06 of the Administrative Code.

(H) Physician scholar.

(1) Qualifications: The physician scholar medical staff shall be composed of those faculty members of the colleges of medicine and dentistry who are recognized for outstanding reputation, notable scientific and professional contributions, and high professional stature. This medical staff category includes but is not limited to emeritus faculty members. Nominations may be made to the chair of the credentialing committee who shall present the candidate to the medical staff administrative committee for approval.

(2) Prerogatives: Members of the physician scholar medical staff shall have access to the Ohio state university hospitals and shall be given notice of all medical staff activities and meetings. Members of the physician scholar medical staff shall enjoy all rights of an attending medical staff member except physician scholar members shall not possess clinical privileges.

(3) Physician scholar medical staff must have either a full license or an emeritus registration by the state medical board of Ohio.

(I) Limited staff.

Limited staff are not considered full members of the medical staff, do not have delineated clinical privileges and do not have the right to vote in general medical staff elections. Except where expressly stated, members of the limited staff are bound by the terms of university bylaws, the rules and regulations of the medical staff, and the limited staff agreement.

(1) Qualifications:

(a) The limited staff shall consist of doctors of medicine, osteopathic medicine, dentists and practitioners of podiatry or psychology who are accepted in good standing by a program director into a post-doctoral graduate medical education program and appointed to the limited staff in accordance with university bylaws.

(b) The limited staff shall maintain compliance with the requirements of state law, including regulations adopted by the Ohio state university medical board, or the limited staff member's respective licensing board.

(c) Members of the limited staff shall possess a valid training certificate or an unrestricted Ohio license from the applicable state board based on eligibility criteria defined by that state board. All members of the limited staff shall be required to successfully obtain an Ohio training certificate prior to beginning training within a program.

(2) Responsibilities.

Each member of the limited staff shall:

(a) Be responsible to respond to all questions and to complete all forms as may be required by the credentials committee.

(b) Participate fully in the teaching programs, conferences, and seminars of the clinical department in which he or she is appointed in accordance with accreditation standards and policies and procedures of the graduate medical education committee and approved clinical training programs.

(c) Participate in the care of all patients assigned to the limited staff member under the appropriate supervision of a designated member of the attending or community affiliate A medical staff in accordance with accreditation standards and policies and procedures of the clinical training programs. The clinical activities of the limited staff shall be determined by the program director appropriate for the level of education and training. Limited staff shall be permitted to perform only those services that they are authorized to perform by the member of the attending or community affiliate A medical staff based on the competence of the limited staff to perform such services. The limited staff may admit or discharge patients only when acting on behalf of the attending or community affiliate A medical staff. The limited staff member shall follow all rules and regulations of the service to which the limited staff member is assigned, as well as the general rules of the Ohio state university hospitals pertaining to limited staff. Specifically, a limited staff member shall consult with the attending or community affiliate A member of the medical staff responsible for the care of the patient before the limited staff member undertakes a procedure or treatment that carries a significant, material-risk to the patient unless the consultation would cause a delay that would jeopardize the life or health of the patient.

(d) Serve as a member of various medical staff committees in accordance with established committee composition as described in university bylaws and/or the rules and regulations of the medical staff. The limited staff member shall not be eligible to vote or hold elected office in the medical staff organization but may vote on committees to which the limited staff member is assigned.

(e) Be expected to make regular satisfactory professional progress including anticipated certification by the respective specialty or sub-specialty program of post-doctoral training in which the limited staff member is enrolled. Evaluation of professional growth and appropriate humanistic qualities shall be made on a regular schedule by the clinical departmental chief, program director, teaching faculty or evaluation committee in accordance with accreditation standards and policies and procedures of the approved training programs.

(f) Appeal by a member of the limited staff of probation, lack of promotion, suspension or termination for failure to meet expectations for professional growth or failure to display appropriate humanistic qualities or failure to successfully complete any other competency as required by the accreditation standards of an approved training program will be conducted and limited in accordance with written guidelines established by the respective department or training program and approved by the program director and the Ohio state university hospitals graduate medical education committee as delineated in the limited staff agreement and by the graduate medical education policies. Alleged misconduct by a member of the limited staff, for reasons other than failure to meet expectations of professional growth as outlined in this paragraph, shall be handled in accordance with rules 3335-43-05 and 3335-43-06 of the Administrative Code.

(3) Failure to meet reasonable expectations.

Termination of employment from the limited staff member's residency or fellowship training program shall result in automatic termination of the limited staff member's appointment pursuant to university bylaws.

(4) Temporary appointments.

(a) Limited staff members who are Ohio state university faculty may be granted an early commencement or an extension of appointment upon the recommendation of the chief of the clinical department, with prior concurrence of the associate dean for graduate medical education, when it is necessary for the limited staff member to begin his or her training program prior to or extend his or her training program beyond a regular appointment period. These appointments shall not exceed sixty days.

(b) Temporary appointments may be granted upon the recommendation of the chief of the clinical department, with prior concurrence of the medical directors, for limited staff members who are not Ohio state university faculty but who, pursuant to education affiliate agreements approved by the university, need to satisfy approved graduate medical education clinical rotation requirements. These appointments shall not exceed a total of one hundred twenty days in any given post-graduate year. In such cases, the mandatory requirement for a faculty appointment may be waived. All other requirements for limited staff member appointment must be satisfied.

(5) Supervision.

Limited staff members shall be under the supervision of an attending or community affiliate A medical staff member. Limited staff members shall have no privileges as such but shall be able to care for patients under the supervision and responsibility of their attending or community affiliate A medical staff member. The care they extend will be governed by university bylaws and the general rules and regulations of each clinical department. The practice of care shall be limited by the scope of privileges of their attending or community affiliate A medical staff member. Any concerns or problems that arise in the limited staff member's performance should be directed to the attending or community affiliate A medical staff member or the director of the training program.

(a) Limited staff members may write admission, discharge and other orders for the care of patients under the supervision of the attending or community affiliate A medical staff member.

(b) All records of limited staff member cases must document involvement of the attending or community affiliate A medical staff member in the supervision of the patient's care to include co-signature of the admission order, history and physical, operative report, and discharge summary.

(J) Temporary medical staff appointment.

(1) External peer review. When peer review activities are being conducted by someone other than a current member of the medical staff, the chief medical officer may admit a practitioner to the medical staff for a limited period of time. Such membership is solely for the purpose of conducting peer review in a particular evaluation and this temprary membership automatically expires upon the member's completion of duties in connection with such peer review Such appointment does not include clinical privileges and is for a limited purpose.

(2) Proctoring. Temporary privileges may be extended to visiting medical faculty for special clinical or educational activities as provided by the Ohio state medical or dental board. When medical staff members require proctoring for the purposes of gaining experience to become credentialed to perform a procedure, a visiting physician may apply for temporary privileges per the prescrived medical staff proctoring policy.

(K) Clinical privileges.

(1) Delineation of clinical privileges.

(a) Every person practicing at the Ohio state university hospitals by virtue of medical staff membership, faculty appointment, contract or under authority granted in university bylaws shall, in connection with such practice, be entitled to exercise only those clinical privileges specifically applied for and granted to the staff member or other licensed health care professional by the Ohio state university Wexner medical center board after recommendation from the medical staff administrative committee.

Each clinical department shall develop specific clinical criteria and standards for the evaluation of clinical privileges with emphasis on invasive or therapeutic procedures or treatment which present significant risk to the patient or for which specific professional training or experience is required. Such criteria and standards are subject to the approval of the medical staff administrative committee and the Wexner medical center board.

(b) Requests for the exercise and delineation of clinical privileges must be made as part of each application for appointment or reappointment to the medical staff on the forms prescribed by the medical staff administrative committee. Every person in an administrative position who desires clinical privileges shall be subject to the same procedure as all other applicants. Requests for clinical privileges must be submitted to the chief of the clinical department in which the clinical privileges will be exercised. Clinical privileges requested other than during appointment or reappointment to the medical staff shall be submitted to the chief of the clinical department and such request must include documentation of relevant training or experience supportive of the request.

(c) The chief of the clinical department shall review each applicant's request for clinical privileges and shall make a recommendation regarding clinical privileges to the chief medical officer. Requests for clinical privileges shall be evaluated based upon the applicant's education, training, experience, demonstrated competence, references, and other relevant information, including the direct observation and review of records of the applicant's performance by the clinical department in which the clinical privileges are exercised. Whenever possible the review should be of primary source information. The applicant shall have the burden of establishing the applicant's qualifications and competency in clinical privileges requested and shall have the burden of production of adequate information for the proper evaluation of qualifications.

(d) The applicant's request for clinical privileges and the recommendation of the chief of the clinical department shall be forwarded to the credentials committee and shall be processed in the same manner as applications for appointment and reappointment pursuant to rule 3335-43-04 of the Administrative Code.

(e) Medical staff members who are granted new or initial privileges are subject to FPPE, which is a six-month period of focused monitoring and evaluation of practitioners' professional performance. Following FPPE medical staff members with clinical privileges are subject to ongoing professional practice evaluation (OPPE), which information is factored into the decision to maintain existing privileges, to revise existing privileges, or to revoke an existing privilege prior to or at the time of renewal. FPPE and OPPE are fully detailed in medical staff policies that were approved by the medical staff administrative committee and the Wexner medical center board.

(f) Upon resignation, termination or expiration of the medical staff member's faculty appointment or employment with the university for any reason, such medical staff appointment and clinical privileges of the medical staff member shall automatically expire.

(g) Medical staff members authorize the Ohio state university hospitals and clinics to share credentialing, quality and peer review information pertaining to the medical staff member's clinical competence and/or professional conduct. Such information may be shared at initial appointment and/or reappointment and at any time during the medical staff member's medical staff appointment to the medical staff of the Ohio state university hospitals.

(h) Medical staff members authorize the Ohio state university hospitals to release information, in good faith and without malice, to managed care organizations, regulating agencies, accreditation bodies and other health care entities for the purposes of evaluating the medical staff member's qualifications pursuant to a request for appointment, clinical privileges, participation or other credentialing or quality matters.

(2) Temporary privileges.

(a) Temporary privileges may be extended to a doctor of medicine, osteopathic medicine, dental surgery, psychologist, podiatry or to a licensed health care professional upon completion of an application prescribed by the medical staff administrative committee, upon recommendation of the chief of the clinical department. All temporary privileges are granted by the chief executive officer or authorized designee. The temporary privileges granted shall be consistent with the applicant's training and experience and with clinical department guidelines. Prior to granting temporary privileges, primary source verification of licensure and current competence shall be required. Temporary privileges shall be limited to situations which fulfill an important patient-care need, and shall be granted for a period not to exceed one hundred twenty days.

(b) Temporary privileges may be extended to visiting medical faculty or for special activity as provided by the Ohio state medical or dental board.

(c) Temporary privileges granted for locum tenens may be exercised for a maximum of ninety days, consecutive or not, any time during the thirty-six month period following the date they are granted.

(d) Practitioners granted temporary privileges will be restricted to the specific delineations for which the temporary privileges are granted. The practitioner will be under the supervision of the chair of the clinical department while exercising any temporary privileges granted.

(e) Special privileges. Upon receipt of a written request for specific temporary privileges and the approval of the clinical department chief and the chief medical officer, an appropriately licensed practitioner of documented competence, who is not an applicant for medical staff membership, may be granted special privileges for the care of one or more specific patients. Such privileges shall be exercised in accordance with the conditions specified in university bylaws.

(f) Practitioners exercising temporary privileges shall abide by medical staff bylaws, rules and regulations, and hospital and medical staff policies.

(g) The temporary and special privileges must be in conformity with accrediting bodies' standards and the rules and regulations of the professional boards of Ohio.

(3) Expedited privileges.

If the Wexner medical center board is not scheduled to convene in a timeframe that permits the timely consideration of the recommendation of a complete application by the medical staff administrative committee, applicants may be granted expedited privileges by the quality and professional affairs committee of the Wexner medical center board. Certain restrictions apply to the appointment and granting of clinical privileges via the expedited process. These include but are not limited to: an involuntary termination of medical staff membership at another hospital, involuntary termination of medical staff membership at another hospital, involuntary limitation, or reduction, denial or loss of clinical privileges, a history of professional liability actions resulting in a final judgment against the applicant or a challenge by a state licensing board.

(4) Podiatric privileges.

(a) Practitioners of podiatry may admit patients to the Ohio state university hospitals if such patients are being admitted solely to receive care that a podiatrist may provide without medical assistance, pursuant to the scope of the professional license of the podiatrist. Practitioners of podiatry must, in all other circumstances, co-admit patients with a member of the medical staff who is a doctor of medicine or osteopathic medicine. A member of the medical staff who is a doctor of medicine or osteopathy shall be responsible for any medical problems that the patient has while an inpatient of the Ohio state university hospitals.

(b) A member of the medical staff who is a doctor of medicine or osteopathy:

(i) Shall be responsible for any medical problems that the patient has while an inpatient of the Ohio state university hospitals; and

(ii) Shall confirm the findings, conclusions and assessment of risk prior to high-risk diagnosis or therapeutic interventions defined by the medical staff.

(c) Practitioners of podiatry shall be responsible for the podiatric care of the patient including the podiatric history and physical examination and all appropriate elements of the patient's record.

(d) The podiatrist shall be responsible to the chief of the department of orthopaedics.

(5) Psychology privileges.

(a) Psychologists shall be granted clinical privileges based upon their training, experience and demonstrated competence and judgment consistent with their license to practice. Psychologists shall not prescribe drugs, or perform surgical procedures, or in any other way practice outside the area of their approved clinical privileges or expertise, unless otherwise authorized by law.

(b) Psychologists may not admit patients to the Ohio state university hospitals, but may diagnose and treat a patient's psychological illness as part of the patient's comprehensive care while hospitalized. All patients admitted for psychological care shall receive the same medical appraisal as all other hospitalized patients. A member of the medical staff who is a doctor of medicine or osteopathic medicine shall admit the patient and shall be responsible for the history and physical and any medical care that may be required during the hospitalization, and shall determine the appropriateness of any psychological therapy based on the total health status of the patient. Psychologists may provide consultation within their area of expertise on the care of patients within the Ohio state university hospitals.

In outpatient settings, psychologists shall diagnose and treat their patients' psychological illness. Psychologists shall ensure that their patients receive referral for appropriate medical care.

(c) Psychologists shall be responsible to the chief of the clinical department in which they are appointed.

(6) Dental privileges.

(a) Practitioners of dentistry, who have not been granted clinical privileges as oral and maxillofacial surgeons, may admit patients to the Ohio state university hospitals if such patients are being admitted solely to receive care which a dentist may provide without medical assistance, pursuant to the scope of the professional license of the dentist. Practitioners of dentistry must, in all other circumstances co-admit patients with a member of the medical staff who is a doctor of medicine or osteopathic medicine. A member of the medical staff who is a doctor of medicine or osteopathy shall be responsible for any medical problems that the patient has while an inpatient of the Ohio state university hospitals.

(b) A member of the medical staff who is a doctor of medicine or osteopathy:

(i) Shall be responsible for any medical problems that the patient has while an inpatient of the Ohio state university hospitals; and

(ii) Shall confirm the findings, conclusions and assessment of risk prior to high-risk diagnosis or therapeutic interventions defined by the medical staff.

(c) Practitioners of dentistry shall be responsible for the dental care of the patient including the dental history and physical examination and all appropriate elements of the patient's record.

(7) Oral and maxillofacial surgical privileges.

All patients admitted to the Ohio state university hospitals for oral and maxillofacial surgical care shall receive the same medical appraisal as all other hospitalized patients. Qualified oral and maxillofacial surgeons shall admit patients, shall be responsible for the plan of care for the patients, shall perform the medical history and physical examination, if they have such privileges, in order to assess the medical, surgical, and anesthetic risks of the proposed operative and other procedure(s), and shall be responsible for the medical care that may be required at the time of admission or that may arise during hospitalization.

(8) Other licensed health care professionals.

(a) Clinical privileges may be exercised by licensed health care professionals who are duly licensed in the state of Ohio, and who are either:

(i) Members of the faculty of the Ohio state university, or

(ii) Employees of the Ohio state university whose employment involves the exercise of clinical privileges, or

(iii) Employees or members of the medical staff.

(b) A licensed health care professional as used herein, shall not be eligible for medical staff membership but shall be eligible to exercise those clinical privileges granted pursuant to these bylaws and in accordance with applicable Ohio state law. If granted such privileges under this rule and in accordance with applicable Ohio state law, other licensed health care professionals may perform all or part of the medical history and physical examination of a patient. Licensed health care professionals with privileges are subject to FPPE and OPPE.

(c) Licensed health care professionals shall apply and re-apply for clinical privileges on forms prescribed by the medical staff administrative committee and shall be processed in the same manner as provided in rule 3335-43-04 of the Administrative Code subject to the provisions of paragraph (G)(8) of this rule.

(d) Licensed health care professionals are not members of the medical staff, but may write admitting orders for patients of the Ohio state university hospitals when granted such privileges under this rule and in accordance with applicable Ohio state law. If such privileges are granted, the patient will be admitted under the medical supervision of the responsible medical staff member. Licensed health care professionals shall not be eligible to hold office, vote on medical staff affairs, or serve on standing committees of the medical staff unless specifically authorized by the medical staff administrative committee.

(e) Each licensed health care professional shall be individually assigned to a clinical department and shall be sponsored by one or more members of the medical staff. The licensed health care professional's clinical privileges are contingent upon the sponsoring medical staff member's privileges. In the event that the sponsoring medical staff member loses privileges or resigns, the licensed health care professionals whom he or she has sponsored shall be placed on administrative hold until another sponsoring medical staff member is assigned. The new sponsoring medical staff member must be assigned in less than thirty days.

(f) Licensed health care professionals must comply with all limitations and restrictions imposed by their respective licenses, certifications, or legal credentials as required by Ohio law, and may only exercise those clinical privileges granted in accordance with provisions relating to their respective professions.

(g) Only applicants who can document the following shall be qualified for clinical privileges as a licensed health care professional:

(i) Current license, certification, or other legal credential required by Ohio law.

(ii) Certificate of authority, standard care agreement, or utilization plan.

(iii) Education, training, professional background and experience, and professional competence.

(iv) Patient care quality indicators definition for initial appointment. This data will be in a format determined by the licensed health care professional subcommittee and the quality management department.

(v) Adherence to the ethics of the profession for which an individual holds a license, certification, or other legal credential required by Ohio law.

(vi) Evidence of required immunization.

(vii) Evidence of good personal and professional reputation as established by peer recommendations.

(viii) Satisfactory physical and mental health to perform requested clinical privileges.

(ix) Ability to work with members of the medical staff and the Ohio state university hospitals employees.

(h) The applicant shall have the burden to produce documentation with sufficient adequacy to assure the medical staff and the Ohio state university hospitals that any patient cared for by the licensed health care professional seeking clinical privileges shall be given quality care, and that the efficient operation of the Ohio state university hospitals will not be disrupted by the applicant's care of patients in the Ohio state university hospitals.

(i) By applying for clinical privileges as a licensed health care professional, the applicant agrees to the following terms and conditions:

(i) The applicant has read the bylaws and rules and regulations of the medical staff of the Ohio state university hospitals and agrees to abide by all applicable terms of such bylaws and any applicable rules and regulations, including any subsequent amendments thereto, and any applicable Ohio state university hospitals policies that the Ohio state university hospitals may from time to time put into effect.

(ii) The applicant releases from liability all individuals and organizations who provide information to the Ohio state university hospitals regarding the applicant and all members of the medical staff, the Ohio state university hospitals staff, the Ohio state university Wexner medical center board and the Ohio state university board of trustees for all acts in connection with investigating and evaluating the applicant.

(iii) The applicant shall not deceive a patient as to the identity of any practitioner providing treatment or service in the Ohio state university hospitals.

(iv) The applicant shall not make any statement or take any action that might cause a patient to believe that the licensed health care professional is a member of the medical staff.

(v) The applicant shall not perform any patient care in the Ohio state university hospitals that is not permitted under the applicant's license, certification, or other legal credential required under Ohio law.

(vi) The applicant shall obtain and continue to maintain professional liability insurance in such amounts required by the medical staff.

(j) Licensed health care professionals shall be subject to quality review and corrective action as outlined in this paragraph for violation of university bylaws, their certificate of authority, standard of care agreement, utilization plan, or the provisions of their licensure, including professional ethics. Review may be requested by any member of the medical staff, a chief of the clinical department, or by the chief quality officer or his or her designee. All requests shall be in writing and shall be submitted to the chief quality officer. The chief quality officer shall appoint a three-person committee to review and make recommendations concerning appropriate action. The committee shall consist of at least one licensed health care professional and one medical staff member. The committee shall make a written recommendation to the chief quality officer, who may accept, reject, or modify the recommendation. The chief quality officer forwards his or her recommendation to the chief medical officer for final determination.

(k) Appeal process.

(i) A licensed health care professional may submit a notice of appeal to the chairperson of the quality and professional affairs committee within thirty days of receipt of written notice of any adverse corrective action pursuant to university bylaws.

(ii) If an appeal is not so requested within the thirty-day period, the licensed health care professional shall be deemed to have waived the right to appeal and to have conclusively accepted the decision of the chief medical officer.

(iii) The appellate review shall be conducted by the chief of staff, the chair of the licensed health care professionals subcommittee and one medical staff member from the same discipline as the licensed health care professional under review. The licensed health care professional under review shall have the opportunity to present any additional information deemed relevant to the review and appeal of the decision.

(iv) The affected licensed health care professional shall have access to the reports and records, including transcripts, if any, of the hearing committee and of the medical staff administrative committee and all other material, favorable or unfavorable, that has been considered by the chief quality officer. The licensed health care professional shall submit a written statement indicating those factual and procedural matters with which the member disagrees, specifying the reasons for such disagreement. This written statement may cover any matters raised at any step in the procedure to which the appeal is related, and legal counsel may assist in its preparation. Such written statement shall be submitted to the review committee no later than seven days following the date of the licensed health care professional's notice of appeal.

(v) New or additional matters shall only be considered on appeal at the sole discretion of the quality and professional affairs committee.

(vi) Within thirty days following submission of the written statement by the licensed health care professional, the chief of staff shall make a final recommendation to the chair of the quality and professional affairs committee of the Wexner medical center board. The quality and professional affairs committee of the Wexner medical center board shall determine whether the adverse decision will stand or be modified and shall recommend to the Ohio state university Wexner medical center board that the adverse decision be affirmed, modified or rejected, or to refer the matter back to the review committee for further review and recommendation. Such referral to the review committee may include a request for further investigation.

(vii) Any final decision by the Wexner medical center board shall be communicated by the chief quality officer and by certified return receipt mail to the last known address of the licensed health care professional as determined by university records. The chief quality officer shall also notify in writing the executive vice president for health sciences, the dean of the college of medicine, the chief executive officer of the Ohio state university hospitals and the vice president for health services and the chief of the applicable clinical department or departments. The chief medical officer shall take immediate steps to implement the final decision.

(9) Emergency privileges.

In case of an emergency, any member of the medical staff to the degree permitted by the member's license or certification and regardless of department or medical staff status shall be permitted to do everything possible to save the life of a patient using every facility of the Ohio state university hospitals necessary, including the calling for any consultation necessary or desirable. After the emergency situation resolves, the patient shall be assigned to an appropriate member of the medical staff. For the purposes of this paragraph, an "emergency" is defined as a condition which would result in serious permanent harm to a patient or in which the life of a patient is in immediate danger and any delay in administering treatment would add to that danger.

(10) Disaster privileges.

Disaster privileges may be granted in order to provide voluntary services during a local, state, or national disaster in accordance with hospital/medical staff policy and only when the following two conditions are present: the emergency management plan has been activated and the hospital is unable to meet immediate patient needs. Such privileges may be granted by the chief medical officer or his or her designee to fully licensed or certified, qualified individuals who at the time of the disaster are not members of the medical staff. These privileges will be limited in scope and will terminate once the disaster situation subsides or at the discretion of the chief medical officer.

(11) Telemedicine privileges.

Practitioners who provide contracted patient care, treatment, and services via telemedicine shall be credentialed and privileged to provide such services. A grant of telemedicine privileges shall include appointment to the contracted medical staff category as described in paragragh (G) of this rule.

Practitioners providing contracted telemedicine services shall be credentialed and privileged through one of the following mechanisms:

(a) The practitioner shall be credentialed and privileged in accordance with rule 3335-43-04 of the Administrative Code.

(b) The practitioner shall be credentialed and privileged by proxy using the credentialing and privilging decision from the distant site if all of the following requirements are met:

(i) The distant site is also accredited by the joint commission.

(ii) The distant site is a medicare-participating hospital or a facility that qualifies as a distant-site telemedicine entity under federal regulations.

(iii) The Ohio state university hospitals have entered into a written agreement with the distant site.

(iv) If the distant site is a medicare-participating hospital, the written agreement shall specify that it is the responsibility of the distant-site hospital to meet the centers for medicare and medicaid services conditions of participation applicable to medical staff credentialing and privileging.

(v) If the distant site is a distant-site telemedicine entity as defined by federal regulations, the written agreement shall specify that the distant-site telemedicine entity is a contractor of services to the Ohio state university hospitals and furnishes the contrated services in a manner that allows the Ohio state university hospitals to comply with all applicable centers for medicare and medicaid services conditions of participation for contracted services and for medical staff credentialing and privileging.

(vi) The individual distant-site practitioner is privileged at the distant site for those services to be provided to patients of the Ohio state university hospitals via telemedicine and the distant site provides a current list of the practitioner's privileges at the distant site.

(vii) The individual distant-site practitioner holds an appropriate license, telemedicine certificate, or telemedicine waiver issued by the applicable Ohio licensing board for the practitioner's area of practice.

(viii) The Ohio state university hospitals maintain documentation of all internal reviews of the performance of each distant-site practitioner and sends the distant site such performance information for use in the distant site's periodic appraisal of the distant-site practitioner's privileges. At a minimum, this information must include all adverse events that result from the telemedicine services provided by the distant-site practitioner to patients of the Ohio state university hospitals, and all complaints the Ohio state university hospitals receive about the distant-site practitioner.

Last updated January 20, 2026 at 8:17 AM

History

  • Effective: January 16, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-05

(A) Informal peer review.

(1) All medical staff members agree to cooperate in informal peer review activities that are solely intended to improve the quality of medical care provided to patients at the Ohio state university hospitals.

(2) Information indicating a need for informal review, including patient complaints, disagreements, questions of clinical competence, inappropriate conduct and variations in clinical practice identified by the clinical departments or divisions and medical staff committees shall be referred to the chair of the practitioner evaluation committee.

(3) The practitioner evaluation committee chair or his or her designee may obtain information or opinions from medical staff members or credentialed providers as well as external peer review consultants pursuant to criteria outlined in university bylaws. The information or opinions from the informal peer review may be presented to the practitioner evaluation committee or another designated peer review committee.

(4) Following the assessment by the practitioner evaluation committee chair or his or her designee, the practitioner evaluation committee may make recommendations for educational actions of additional training, sharing of comparative data or monitoring or provide other forms of guidance to the medical staff member to assist him or her in improving the quality of patient care. Such actions are not regarded as adverse, do not require reporting to any governmental or other agency, and do not invoke a right to any hearing.

(5) At the conclusion of the evaluation, the practitioner evaluation committee chair or his or her designee submits a report to the applicable clinical department chief and the chief medical officer. The chief of the clinical department and the chief medical officer shall evaluate the matter to determine the appropriate course of action. They shall make an initial written determination on whether:

(a) The matter warrants no further action;

(b) Informal resolution under this paragraph is appropriate. The chief of the clinical department and the chief medical officer shall determine whether to include documentation of the informal resolution in the medical staff member's file. If documentation is included in the member's file, the affected member shall have an opportunity to review it and may make a written response which shall also be placed in the file. Informal review under this paragraph is not a procedural prerequisite to the initiation of formal peer review under paragraph (B) of this rule; or

(c) Formal peer review under paragraph (B) of this rule is warranted.

(6) In cases where the chief of the clinical department and chief medical officer cannot agree on the need for formal peer review, the matter shall be submitted for formal peer review and determined as set forth in paragraph (B) of this rule.

(B) Formal peer review.

(1) Formal peer review may be initiated when a member of the medical staff of the Ohio state university hospitals:

(a) Fails to adhere to standards of patient care and professional conduct appropriate for a physician practicing in an academic medical center as determined by the medical staff;

(b) Is disruptive to the operation of the Ohio state university hospitals;

(c) Violates the bylaws, rules and regulations of the medical staff, the Ohio state university Wexner medical center board, or the board of trustees of the Ohio state university;

(d) Violates state or federal law; or

(e) Is responsible for acts or omissions detrimental to patient safety or to the quality or efficiency of patient care within the Ohio state university hospitals; or

(f) Is responsible for acts or omissions damaging to the reputation of the medical staff of the Ohio state university hospitals.

Formal peer review may be initiated by a chief of a clinical department, the chief medical officer, any member of the medical staff, the chief executive officer of the Ohio state university hospitals, the dean of the college of medicine, any member of the board of the Ohio state university hospitals, or the vice president for health services. All requests for formal peer review shall be in writing, shall be submitted to the chief medical officer, and shall specifically state the conduct or activities which constitute grounds for the requested action.

(2) The chief medical officer shall promptly deliver a written copy of the request for formal peer review to the affected member of the medical staff, in a confidential manner. The chief medical officer shall then conduct a preliminary review to verify the facts related to the request for formal peer review, and within thirty days, make a written determination. If the chief medical officer decides that no further action is warranted, the chief medical officer shall notify the person(s) who filed the request for formal peer review and the member accused, in writing, that no further action will be taken.

(3) Whenever the chief medical officer determines that formal peer review is warranted, he or she shall refer the request for formal peer review to the formal peer review committee. The affected member of the medical staff shall be notified of the referral to the formal peer review committee, and be informed that medical staff bylaws shall govern all further proceedings.

(4) The executive vice president for health sciences or designee shall exercise any or all duties or responsibilities assigned to the chief medical officer under university rules for implementing corrective action and appellate procedure if:

(a) The chief medical officer is the medical staff member charged;

(b) The chief medical officer has a financial interest or a relationship with any person that may have an improper effect on the exercise of his or her judgment in the matter, or may be perceived to have such an effect.

(5) The formal peer review committee shall investigate every request and shall deliver written findings and recommendations for action to the chief of the clinical department. The formal peer review committee may recommend a reduction, suspension or revocation of the medical staff member's clinical privileges or other action as it deems appropriate. In making its recommendation the formal peer review committee may consider, relevant literature and clinical practice guidelines, the opinions and views expressed throughout the review process, information or explanations provided by the member under review, and other relevant information. Prior to making its report, the committee shall afford the medical staff member against whom the action has been requested an opportunity for an interview. At such interview, the medical staff member shall be informed of the specific actions or omissions alleged to constitute grounds for formal peer review and shall be given copies of any statements, reports, opinions or other information compiled at prior stages of the proceedings. The medical staff member may furnish written or oral information to the formal peer review committee at this time and shall be given an opportunity to discuss, explain, or refute the allegations and to respond to any statements, reports or opinions previously compiled in the proceedings. However, such interview shall not constitute a hearing, but shall be investigative in nature. The medical staff member shall not be represented by an attorney at this interview. The written findings and recommendations for action are expected to be submitted within ninety days, unless an extension is deemed necessary by the committee.

(6) Upon receipt of the written report and recommendation from the formal peer review committee, the chief of the clinical department shall make his or her own written recommendation for corrective action and forward that recommendation along with the findings and recommendations of the formal peer review committee to the chief medical officer.

(7) The chief medical officer shall decide whether to accept, reject or modify the recommendation of the chief of the clinical department. If the chief medical officer decides the grounds are not substantiated, the chief medical officer will notify the formal peer review committee, the chief of the clinical department, the person(s) who filed the complaint and the affected medical staff member, in writing, that no further action will be taken.

If the chief medical officer finds the grounds for the requested corrective action are substantiated, the chief medical officer shall promptly notify the affected medical staff member of that decision and the corrective action that will be taken. This notice shall advise the affected medical staff member of his or her right to request a hearing before the medical staff administrative committee pursuant to rule 3335-43-06 of the Administrative Code and shall also include a statement that failure to request a hearing in the timeframe prescribed in this rule shall constitute a waiver of rights to a hearing and to an appeal on the matter and the affected medical staff member shall also be given a copy of the rule 3335-43-06 of the Administrative Code. This notification and an opportunity to exhaust the administrative hearing and appeal process shall occur prior to the imposition of the proposed corrective action unless the emergency provisions outlined in paragraph (D) of this rule apply. This written notice by the chief medical officer shall be sent certified return receipt mail to the affected medical staff member's last known address as determined by university records.

(8) If the affected member of the medical staff does not make a written request for a hearing to the chief medical officer within thirty-one days after receipt of the adverse decision, he or she shall be deemed to have waived the right to any review by the medical staff administrative committee to which the staff member might otherwise have been entitled on the matter.

(9) If a timely, written request for hearing is made, the procedures set forth in rule 3335-43-06 of the Administrative Code shall apply.

(C) Composition of formal peer review committee.

(1) When the determination that formal peer review is warranted is made, the chief of the clinical department shall select three members of the medical staff to serve on a formal peer review committee.

(2) Whenever the questions raised concern the clinical competence of the member under review, the chief of the clinical department shall select members of the medical staff to serve on the formal peer review committee who shall have similar levels of training and qualifications as the member who is subject to formal peer review.

(3) An external peer review consultant may serve as a member of the peer review committee whenever:

(a) A determination is made by the chief of the clinical department and the chief medical officer that the clinical expertise needed to conduct the review is not available on the medical staff;

(b) The objectivity of the review may be compromised; or

(c) Whenever the chief medical officer determines that an external review is otherwise advisable.

If an external reviewer is recommended, the chief of the clinical department shall make a written recommendation to the chief medical officer for selection of an external reviewer. The chief medical officer shall make the final selection of an external reviewer.

(D) Summary suspension.

(1) Notwithstanding the provisions of this rule, a member of the medical staff shall have all or any portion of his or her clinical privileges suspended or appointment terminated by the chief medical officer or the chief of the member's clinical department whenever such action must be taken immediately, when there is imminent danger to patients or to the patient care operations. Such summary suspension shall become effective immediately upon imposition and the medical staff member shall be subsequently notified in writing of the suspension by the chief medical officer. Such notice shall be issued by certified return mail to the affected medical staff member's last known address as determined by university records.

(2) A medical staff member whose privileges have been summarily suspended or whose appointment has been terminated shall be entitled to a hearing and appeal of the suspension pursuant to rule 3335-43-06 of the Administrative Code. If the affected member of the medical staff does not make a written request for a hearing to the chief medical officer within thirty-one days after receipt of the adverse decision, it shall be deemed a waiver of the right to any review by the medical staff administrative committee to which the staff member might otherwise have been entitled on the matter. If a timely, written request for a hearing is made, the procedures of rule 3335-43-06 of the Administrative Code shall apply.

(3) Immediately upon the imposition of a summary suspension, the chief medical officer or the appropriate chief of a clinical department shall have the authority to provide for alternative medical coverage for the patients of the suspended medical staff member who remain in the Ohio state university hospitals at the time of suspension. The wishes of the patient shall be considered in the selection of such alternative medical coverage. While a summary suspension is in effect, the member of the medical staff is ineligible for reappointment to the medical staff. Medical staff and hospital administrative duties and prerogatives are suspended during the summary suspension.

(E) Automatic suspension and termination.

(1) Notwithstanding the provisions of this rule, a temporary lapse of a medical staff member's admitting privileges, effective until medical records are completed, may be imposed automatically by the chief medical officer after a warning, in writing, of delinquency for failure to complete medical records as defined by the rules and regulations of the medical staff. The chief medical officer shall notify the chief executive officer of the Ohio state university hospitals of the action taken.

(2) Action by the Ohio state boards of licensure revoking or suspending a medical staff member's license or placing the member upon probation shall automatically impose the same restrictions to that member's Ohio state university hospitals' privileges.

(3) Failure to maintain the minimum required type and amount of professional liability insurance with an approved insurer, shall result in immediate and automatic suspension of a medical staff member's appointment and privileges until such time as proof of appropriate insurance coverage is furnished. In the event such proof is not provided within ten days of notice of such suspension, the medical staff member or credentialed provider shall be deemed to no longer comply with medical staff requirements under rule 3335-43-04 of the Administrative Code and automatically relinquish his or her appointment and privileges.

(4) Upon exclusion, debarment, or other prohibition from participation in any state or federal health care reimbursement program, or a federal procurement or non- procurement program, the medical staff member's appointment and privileges shall immediately and automatically terminate, unless resignation in lieu of automatic terminations is permitted to paragraph (A)(3) of rule 3335-43-04 of the Administrative Code.

(5) If a medical staff member pleads guilty to or is found guilty of a felony which involves: violence or abuse upon a person, conversion, embezzlement, or misappropriation of property; fraud, bribery, evidence tampering, or perjury; or a drug offense, the medical staff member's appointment and privileges shall be immediately and automatically terminated.

(6) Whenever a medical staff member's drug enforcement administration (DEA) or other controlled substances number is revoked, he or she shall be immediately and automatically divested of his or her right to prescribe medications covered by the number.

(7) When a medical staff member's DEA or other controlled substances number is suspended or restricted in any manner, his or her right to prescribe medications covered by the number is similarly automatically suspended or restricted during the term of the suspension or restriction.

(8) No medical staff member shall be entitled to the procedural rights set forth in rule 3335-43-06 of the Administrative Code as a result of an automatic suspension or termination. As soon as practicable after the imposition of an automatic suspension, the medical staff administrative committee shall convene to determine if further corrective action is necessary. Any further action with respect to an automatic suspension must be taken in accordance with this rule.

(9) Resignation, termination, or non-reappointment to the faculty of the Ohio state university shall result in immediate termination of membership on the medical staff of the Ohio state university hospitals.

(F) Reporting responsibility.

When a decision on corrective action is taken which constitutes a "formal disciplinary action" as may be defined in Ohio state law, or as may be required to be reported pursuant to federal law, including the health care quality improvement act, the chief medical officer shall ensure that a report of said action is made in order to maintain compliance with applicable state or federal law or regulations. The chief medical officer shall ensure that such reports are amended as may be required to reflect subsequent actions taken under the hearing and appeal rights afforded in university bylaws.

When applicable, any recommendations or actions that are the result of a review or hearing and appeal shall be monitored by the chief medical officer on an ongoing basis through the Ohio state university hospitals' quality management activities.

History

  • Effective: November 12, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-11

(A) History and physical examination.

(1) A history and physical appropriate to the patient and/or the procedure to be completed shall be documented in the medical record of all patients either:

(a) Admitted to the hospital

(b) Undergoing outpatient/ambulatory procedures requiring anesthesia or sedation

(c) Undergoing outpatient/ambulatory surgery

(d) In a hospital-based ambulatory clinic

(2) For patients admitted to the hospital, the history and physical examination shall include at a minimum:

(a) Date of admission

(b) History of present illness, including chief complaint

(c) Past medical and surgical history

(d) Relevant past social and family history

(e) Medications and allergies

(f) Review of systems

(g) Physical examination

(h) Test results

(i) Assessment or impression

(j) Plan of care

(3) For patients undergoing outpatient/ambulatory procedures requiring anesthesia or sedation or outpatient/ambulatory surgery, the history and physical examination shall include at a minimum:

(a) Indications for procedure or surgery

(b) Relevant medical and surgical history

(c) Medications and allergies or reference to current listing in the electronic medical record

(d) Focused review of systems, as appropriate for the procedure or surgery

(e) Pre-procedure assessment and physical examination

(f) Assessment/impression and treatment plan

(4) For patients seen in a hospital-based ambulatory clinic, the history and physical shall include at a minimum:

(a) Chief complaint

(b) History of present illness

(c) Medications and allergies

(d) Problem-focused physical examination

(e) Assessment or impression

(f) Plan of care

(5) Deadlines and sanctions.

(a) A history and physical examination must be performed by a member of the medical staff, his/her designee or other licensed health care professional, who is appropriately credentialed by the hospital, and be signed, timed and dated.

(b) Patients admitted to the hospital: If the history and physical is performed by the medical staff member's designee or other licensed health care professional who is appropriately credentialed by the hospital, the history and physical must be countersigned by the responsible medical staff member.

(c) The complete history and physical examination shall be dictated, written or updated no later than twenty-four hours after admission for all inpatients.

(d) Admitted patients or patients undergoing a procedure requiring anesthesia or sedation or surgery, the history and physical examination may be performed or updated up to thirty days prior to admission or the procedure/ surgery or the visit. If completed before admission or the procedure/ surgery or patient's initial visit, there must be a notation documenting an examination for any changes in the patient's condition since the history and physical was completed. The updated examination must be completed and documented in the patient's medical record within twenty-four hours after admission or before procedure/surgery, whichever occurs first. It must be performed by a member of the medical staff, his/her designee, or other licensed health care professional who is appropriately credentialed by the hospital, and be signed, timed and dated. In the event the history and physical update is performed by the medical staff member's designee or other licensed health care professional who is appropriately credentialed by the hospital, it shall be countersigned, timed and dated by the responsible medical staff member.

(i) For patients undergoing an outpatient procedure requiring anesthesia or sedation or surgery, regardless of whether the treatment, procedure or surgery is high or low risk, a history and physical examination must be performed by a member of the medical staff, his/her designee, or other licensed health care professional who is appropriately credentialed by the hospital and must be signed or countersigned when required, timed and dated.

(ii) If a licensed health care professional is appropriately credentialed by the hospital to perform a procedure or surgery independently, a history and physical performed by the licensed health care professional prior to the procedure or surgery is not required to be countersigned.

(e) Hospital-based ambulatory clinic: If a history and physical examination is performed by a licensed health care professional who is appropriately credentialed by the hospital to see patients independently, the history and physical is not required to be countersigned.

(f) When the history and physical examination, including the results of indicated laboratory studies and x-rays, is not recorded in the medical record before the time stated for a procedure or surgery, the procedure or surgery cannot proceed until the history, and physical is signed or countersigned when required, by the responsible medical staff member, and indicated test results are entered into the medical record. In cases where such a delay would likely cause harm to the patient, this condition shall be entered into the medical record by the attending responsible medical staff member, his/her designee or other licensed health care professional, who is appropriately credentialed by the hospital, and the procedure or surgery may begin. When there is a disagreement concerning the urgency of the procedure, it shall be adjudicated by the medical director or the medical director's designee.

(g) Ambulatory patients must have a history and physical at the initial visit as outlined in paragraph (A)(4) of this rule.

(h) For psychology, psychiatric and substance abuse ambulatory sites, if no other acute or medical condition is present on the initial visit, a history and physical examination may be performed either:

(i) Within the past six months prior to the initial visit,

(ii) At the initial visit, or

(iii) Within thirty days following the initial visit.

Last updated October 7, 2024 at 8:26 AM

History

  • Effective: October 7, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-08

(A) Each member of the attending, community affiliate A, community affiliate C, community affiliate D, limited, and physician scholar medical staff shall be assigned to a clinical department and division, if applicable, upon the recommendation of the applicable chief of the clinical department.

(B) Names of clinical departments.

(1) Anesthesiology.

(2) Dermatology.

(3) Emergency medicine.

(4) Family and community medicine.

(5) Internal medicine.

(6) Neurological surgery.

(7) Neurology.

(8) Obstetrics and gynecology.

(9) Ophthalmology and visual science.

(10) Orthopaedics.

(11) Otolaryngology - head and neck surgery.

(12) Pathology.

(13) Pediatrics.

(14) Physical medicine and rehabilitation.

(15) Plastic and reconstructive surgery.

(16) Psychiatry and behavioral health.

(17) Radiation oncology.

(18) Radiology.

(19) Surgery.

(20) Urology.

(21) Dentistry.

(C) The directors of the divisions in the Ohio state university hospitals shall be appointed by the chiefs of the clinical departments in the Ohio state university hospitals in which the divisions are included.

(D) Qualifications and responsibilities of the chief of the clinical department.

The academic department chairperson shall ordinarily serve also as the chief of the clinical department. Each chief of the clinical department shall be qualified by education and experience appropriate to the discharge of the responsibilities of the position. Each chief of the clinical department must be board certified by an appropriate specialty board or must establish comparable competence. The chief of the clinical department must be a medical staff member at the Ohio state university hospitals. Such qualifications shall be judged by the respective dean of the college of medicine or dentistry. Qualifications for chief of the clinical department generally shall include: recognized clinical competence, sound judgment and well-developed administrative skills.

(1) Procedure for appointment and reappointment of the chief of the clinical department.

Appointment or reappointment of chief of the clinical department shall be made by the dean of the respective college of medicine or dentistry in consultation with elected representatives of the medical staff and the chief medical officer.

(2) Term of appointment of the chief of the clinical department.

The term of appointment of the chief of the clinical department shall be concurrent with the chief's academic appointment but shall be no longer than four years. Prior to the end of said four-year term, a review shall be conducted by the dean of the college of medicine and such review shall serve as the basis for the recommendation for reappointment pursuant to paragraph (D)(1) of this rule.

(3) Duties of the chief of the clinical department.

Each chief of the clinical department is responsible for the following:

(a) Clinically related activities of the department;

(b) Administratively related activities of the department, unless otherwise provided by the hospital;

(c) Continuing surveillance of the professional performance of all practitioners in the department who have delineated clinical privileges;

(d) Recommending to the medical staff the criteria for clinical privileges that are relevant to the care provided in the department;

(e) Recommending clinical privileges for each practitioner of the department based on relevant training and experience, current appraised competence, health status that does not present a risk to patients, and evidence of satisfactory performance with existing privileges;

(f) Assessing and recommending to the relevant hospital authority off-site sources for needed patient care, treatment, and services not provided by the department or the hospital;

(g) The integration of the department or service into the primary functions of the hospital, developing services that complement the medical center's mission and plan for clinical program development;

(h) The coordination and integration of interdepartment and intradepartmental services;

(i) The development and implementation of policies and procedures that guide and support the provision of care, treatment, and services. This includes the development, implementation, enforcement and updating of departmental policies and procedures that are consistent with the hospital's mission. The clinical department chief shall make such policies and procedures available to the medical staff;

(j) The recommendations for a sufficient number of qualified and competent persons to provide care, treatment, and services, including ensuring that call coverage provides for continuous high quality and safe care;

(k) The determination of the qualifications and competence of department or service personnel who are not licensed practitioners and who provide patient care, treatment, and services;

(l) The continuous assessment and improvement of the quality of care, treatment, and services;

(m) The maintenance of quality control programs, as appropriate;

(n) The orientation and continuing education of all persons in the department or service;

(o) Recommending space and other resources needed by the department or service; and

(p) Hold regular clinical department meetings and ensure open lines of communication are maintained in the clinical department. The agenda for the meetings shall include, but not be limited to, a discussion of the clinical activities of the department and communication of the decisions of the medical staff administrative committee. Minutes of departmental meetings, including a record of attendance, shall be electronically available and/or distributed to all medical staff members in the clinical department, and such minutes shall be kept in the clinical department.

Last updated October 7, 2024 at 8:26 AM

History

  • Effective: October 7, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-09 Elected officers of the medical staff of the Ohio state university hospitals.

(A) Chief of staff.

The chief of staff shall:

(1) Serve on those committees of the Ohio state university Wexner medical center board as appointed by the chairperson of that board.

(2) Serve as vice chairperson of the medical staff administrative committee.

(3) Provide for communication between the medical staff and the Ohio state university Wexner medical center board or its committees in matters of quality of care, education, and research.

(4) Serve as liaison between the Ohio state university hospitals administration, medical administration, and the medical staff in all matters of mutual concern within the Ohio state university hospitals.

(5) In consultation with the medical directors and the chief medical officer, seek to ensure that the medical staff is represented and participates as appropriate in any Ohio state university hospitals deliberation which affects the discharge of medical staff responsibilities.

(6) Call, preside, and be responsible for the agenda of all general medical staff meetings.

(7) Make medical staff committee appointments in accordance with paragraph (D)(1) of rule 3335-43-10 of the Administrative Code.

(8) Be spokesperson for the medical staff in its external professional and public relations.

(9) Serve as chairperson of the nominating committee of the medical staff.

(B) Chief of staff-elect.

The chief of staff-elect shall:

(1) Serve on those committees of the Ohio state university Wexner medical center board as appointed by the chairperson of the Wexner medical center board.

(2) Carry out all the duties of the chief of staff when the chief of staff is unable to do so.

(3) Oversee the inclusion of changes in the bylaws, rules and regulations of the medical staff.

(4) Assist the chief of staff with duties outlined in paragraphs (A)(1) to (A)(9) of this rule.

(C) Representatives of the medical staff elected at-large.

There shall be six medical staff representatives elected at-large. Each representative shall be a member of the medical staff administrative committee and shall serve on those committees of the Ohio state university Wexner medical center board as appointed by the chairperson of the Wexner medical center board.

(D) Qualifications of officers.

(1) Officers must be members of the attending staff at the time of their nomination and election and must remain members in good standing during the term of their office. Failure to maintain such status shall immediately create a vacancy in the office involved.

(2) Chiefs of the clinical departments shall not be eligible to serve as chief of staff or chief of staff-elect unless they are replaced in their Ohio state university hospitals administrative role during the period of their term of office.

(E) Election of officers.

(1) All officers (other than at-large officers) shall be elected by a majority of those voting by electronic ballot of the attending staff.

(2) The nominating committee shall be composed of five members. The chief of staff shall serve on the committee and shall select four other members for the committee. The chief of staff shall be its chairperson.

(3) Nominations for officers shall be accepted from any member of the medical staff and shall be submitted either electronically or in writing to the nominating committee.

(4) The committee's nominees shall be submitted to all voting members of the attending staff no later than May first of the election year.

(5) Candidates for the office of chief of staff-elect shall be listed and each attending staff member shall be entitled to cast one vote. Candidates for the at-large positions shall be voted upon as a group. Each voting member of the attending staff shall be entitled to vote for three at-large candidates. The three candidates with the highest number of votes shall be elected. A majority of the votes shall not be necessary.

(6) Automatic removal shall be for failure to meet those responsibilities assigned within these bylaws, failure to comply with medical staff rules and regulations, policies and procedures of the medical staff, for conduct or statements that damage the reputation of the Ohio state university Wexner medical center, its goals and missions, or programs, or an automatic termination or suspension of clinical privileges that lasts more than thirty days.

(F) Term of office.

(1) The chief of staff and chief of staff-elect shall each serve two years in office beginning on July first. The chief of staff-elect shall be elected in the odd numbered years. A former chief of staff may not succeed the immediately preceding chief of staff-elect.

(2) The at-large representatives shall each serve two years, beginning July first. The at-large representatives may succeed themselves for three successive terms (six years total), if so elected. Upon completion of the three successive terms, the representative may not serve again without a period of two years out of office as an at-large representative. The representative may be elected chief of staff-elect at any time.

(G) Vacancies in office.

(1) A vacancy in the office of chief of staff shall be filled by the chief of staff-elect. If the unexpired term is one year or less, the new chief of staff shall serve out the remaining term in office and shall then serve as chief of staff for the term for which elected. If the unexpired term is more than one year, the new chief of staff shall serve out the remaining term only.

(2) Vacancies in the office of chief of staff-elect shall be filled by a special election held within sixty days of the vacancy by the nominating and election process set forth in paragraph (F) of this rule. The new chief of staff-elect shall become chief of staff at the end of the term of the incumbent.

(3) Vacancies in the at-large representatives medical staff positions shall be filled by appointment by the chief of staff.

Last updated October 7, 2024 at 8:26 AM

History

  • Effective: October 7, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-10

(A) Chief medical officer.

The chief clinical officer functions as the chief medical officer as referred to herein university bylaws. The chief medical officer is the senior medical officer for the medical center with the responsibility and authority for all health and medical care delivered at the medical center. The chief medical officer is responsible for overall quality improvement and clinical leadership throughout the medical center, physician alignment, patient safety and medical staff development. The appointment, scope of authority, and responsibilities of the chief medical officer shall be as outlined in the Ohio state university Wexner medical center board bylaws.

(B) Chief quality officer.

The chief quality and patient safety officer of the Ohio state university Wexner medical center is referred to herein university bylaws as the chief quality officer. The chief quality officer reports to the chief medical officer. The chief quality officer works collaboratively with clinical leadership of the medical center, including the director of medical affairs for the James cancer hospital, nursing leadership and hospital administration. The chief quality officer provides leadership in the development and measurement of the medical center's approach to quality, patient safety and reduction of adverse events. The chief quality officer communicates and implements strategic, operational and programmatic plans and policies to promote a culture where patient safety is an important priority for medical and hospital staff.

(C) Medical directors.

The medical directors of the hospitals of the Ohio state university report to the chief executive officer or the executive director of the respective hospital and chief medical officer. Each medical director will collaborate with the chief quality officer, the chief medical officer and the clinical department chiefs to develop, execute and monitor the quality and safety programs of the hospital. The appointment, scope of authority, and responsibilities of the medical directors for the Ohio state university hospitals shall be further outlined in the Ohio state university Wexner medical center board bylaws.

(D) Medical staff committees.

(1) Appointments:

Appointments to all medical staff committees except the medical staff administrative committee, nominating committee and all health system committees, shall be made jointly by the chief of staff, chief of staff-elect, and the hospital medical directors with medical staff administrative committee ratification. Representatives from the Ohio state university hospitals to health system committees shall be appointed jointly by the chief medical officer of the health system and the medical director. Unless otherwise provided by university bylaws, all appointments to medical staff committees shall be for two years and may be renewed. The chief of staff, chief medical officer, medical director, and the chief executive officer of the Ohio state university hospitals may serve on any medical staff committee as an ex-officio member without vote.

(2) Meetings:

Each medical staff committee shall meet at the call of its chairperson and at least quarterly. Committees shall maintain records of proceedings and minutes of meetings and shall forward all recommendations and actions taken to the chief medical officer who shall promptly communicate them to the medical staff administrative committee. The chairperson shall control the committee agenda, attendance of staff and guests, and conduct of the proceedings. A simple majority of appointed voting members shall constitute a quorum.

(3) Peer review committees:

The medical staff as a whole and each committee provided for by medical staff bylaws is hereby designated as a peer review committee in accordance with the laws of the state of Ohio. The medical staff through its committees shall be responsible for evaluating, maintaining and/or monitoring the quality and utilization of patient care services provided by the Ohio state university hospitals.

(E) Medical staff administrative committee.

(1) Composition.

(a) This committee shall consist of the following voting members: chief of staff, chief of staff-elect, chiefs of the clinical departments, chief physician for the affiliated entity employing community affiliate B medical staff, six medical staff representatives elected at large, the chief medical officer, and the chief executive officer of the Ohio state university hospitals or designee. Additional members may be appointed to the medical staff administrative committee at the recommendation of the dean or the chief medical officer of the medical center subject to the approval of the medical staff administrative committee and subject to review/renewal on a biennial basis. Any members may be removed from the medical staff administrative committee at the recommendation of the dean, the executive vice president for health sciences or the chief medical officer of the medical center and subject to the review and approval of the medical staff administrative committee. A replacement will be appointed as outlined in this paragraph to maintain the medical staff administrative committee's constituency. The chief medical officer shall be the chairperson and the chief of staff shall be vice-chairperson.

(b) Any member of the committee who anticipates absence from a meeting of the committee may appoint as a temporary substitute another member of the same category of the medical staff to represent him or her at the meeting. The temporary substitute shall have all the rights of the absent member.

(c) All members of the committee shall attend, either in person, virtual, or by proxy, a minimum of two-thirds of all committee meetings.

(2) Duties.

(a) To represent and to act on behalf of the medical staff, subject to such limitations as may be imposed by university bylaws, by the bylaws of the Ohio state university Wexner medical center board, the bylaws or rules of the board of trustees of the Ohio state university.

(b) To have primary authority for activities related to self-governance of the medical staff. Action approved by the medical staff administrative committee can be reviewed by the quality and professional affairs committee pursuant to rule 3335-43-13 of the Administrative Code.

(c) To receive and act upon committee reports.

(d) To delegate appropriate staff business to committees while retaining the right of executive responsibility and authority over all medical staff committees. This shall include but is not limited to review of and action upon medical staff appointments and reappointments whenever timely action is necessary. To approve and implement policies of the medical staff.

(e) To approve and implement policies of the medical staff.

(f) To provide a liaison between the medical staff, medical director, chief executive officer, and the Wexner medical center board.

(g) To recommend action to the medical directors and chief executive officer of the Ohio state university hospitals on matters of medical-administrative nature.

(h) To fulfill the medical staff's accountability to the Wexner medical center board and the board of trustees of the Ohio state university for medical care rendered to patients in the Ohio state university hospitals, and for the professional conduct and activities of the medical staff, including recommendations concerning:

(i) Medical staff structure;

(ii) The mechanism to review credentials and to delineate clinical privileges;

(iii) The mechanism by which medical staff membership may be terminated;

(iv) Participation in the Ohio state university hospitals' performance improvement activities; and

(v) Corrective action and hearing procedures applicable to medical staff members and other licensed health care professionals granted clinical privileges.

(vi) To ensure the medical staff is kept abreast of the accreditation process and informed of the accreditation status of the Ohio state university hospitals.

(i) To review and act on medical staff appointments, reappointments, and requests for delineation of clinical privileges. Whenever there is doubt of an applicant's ability to perform the privileges requested, the medical staff administrative committee shall have the authority to request an evaluation of the applicant's clinical activities relevant to requested privileges.

(j) To report to the medical staff all actions affecting the medical staff.

(k) To inform the medical staff of all changes in committees, and the elimination of such committees as circumstances shall require.

(l) To create committees (for which membership is subsequently appointed pursuant to rule 3335-43-09 of the Administrative Code) to meet the needs of the medical staff and comply with the requirements of accrediting agencies.

(m) To establish and maintain rules and regulations governing the medical staff.

(n) To perform other functions as are appropriate.

(3) Executive session.

Upon the recommendation of the credentialing committee, the medical staff administrative committee may vote to hold a portion of a regular, special or emergency meeting in executive session with participation limited to voting members of the medical staff administrative committee. Other individuals may be invited to attend any or all portions of an executive session as deemed necessary by the committee chair.

(4) Meetings. The committee shall meet monthly and shall keep detailed minutes which shall be distributed to each committee member and to the Wexner medical center board through the quality and professional affairs committee.

(5) Voting. At a properly constituted meeting, voting shall be by a simple majority of members present except in the case of termination or non-reappointment of medical staff membership or permanent suspension of clinical privileges, wherein a two-thirds vote of members present shall be required.

(F) Credentialing committee of the hospitals of the Ohio state university:

(1) Composition:

The credentialing responsibilities of medical staff are delegated to the credentialing committee of the hospitals of the Ohio state university, the composition of which shall include representation from the medical staff of each health system hospital.

The credentialing committee of the hospitals of the Ohio state university shall be appointed by the chief medical officer. The chief of staff, director of medical affairs and medical directors of each hospital shall make recommendations to the chief medical officer for representation on the credentialing committee of the hospitals of the Ohio state university.

The credentialing committee of the hospitals of the Ohio state university shall meet at the call of its chair, who shall be appointed by the chief medical officer of the health system.

(2) Duties:

(a) To review all applications for medical staff and licensed health care professional appointment and reappointment, as well as all requests for delineation, renewal, or amendment of clinical privileges in the manner provided in medical staff bylaws, including applicable time limits. During its evaluation, the credentialing committee of the hospitals of the Ohio state university will take into consideration the appropriateness of the setting where the requested privileges are to be conducted;

(b) To review triennially all applications for reappointment or renewal of clinical privileges;

(c) To review all requests for changes in medical staff membership;

(d) To assure, through the chairperson of the committee, that all records of formal peer review activity taken by the committee, including committee minutes, are maintained in the strictest of confidence in accordance with the laws of the state of Ohio. The committee may conduct investigations and interview applicants as needed to discharge its duties. The committee may refer issues and receive issues as appropriate from other medical staff committees;

(e) To make recommendations to the medical staff administrative committee through the chairperson of the credentialinng committee regarding appointment applications and initial requests for clinical privileges. Such recommendations shall include the name, status, department (division), medical school and year of graduation, residency and fellowships, medical-related employment since graduation, board certification and recertification, licensure status as well as all other relevant information concerning the applicant's current competence, experience, qualifications, and ability to perform the clinical privileges requested;

(f) To recommend to the medical staff administrative committee that certain applications for appointment be reviewed in executive session;

(g) The committee, after review and investigation, may make recommendations to the chief medical officer, chief of staff or the chief of a clinical department, regarding the restriction or limitation of a member's clinical privileges for noncompliance or any other matter related to its responsibilities;

(h) To review all grants of special or temporary privileges; and

(i) To review requests made for clinical privileges by other licensed health care professionals as set forth in university bylaws.

(j) To recommend eligibility criteria for the granting of medical staff membership and privileges.

(k) To develop, recommend, and consistently implement policy and procedures for all credentialing and privileging activities.

(l) To review, and where appropriate take action on, reports that are referred to it from other medical staff committees and medical staff members.

(m) To perform such other functions as requested by the medical staff administrative committee, the quality and professional affairs committee or Wexner medical center board.

(3) Licensed health care professionals subcommittee.

(a) Composition:

This subcommittee shall consist of other licensed health care professionals who have been appointed in accordance with paragraph (D)(1) of rule 3335-43-10 of the Administrative Code. The subcommittee shall be chaired by a director of nursing who shall serve as chair of the subcommittee.

(b) Duties:

(i) To review, within thirty days of receipt, all completed applications as may be referred by the credentialing committee of the hospitals of the Ohio state university.

(ii) To review and investigate the character, qualifications and professional competence of the applicant.

(iii) To review the applicant's patient care quality indicator definitions on initial granting of clinical privileges and the performance based profile at the time of renewal.

(iv) To verify the accuracy of the information contained in the application.

(v) To request a personal interview with the applicant if deemed appropriate.

(vi) To forward, following review of the application, a written recommendation for clinical privileges to the credentialing committee of the hospitals of the Ohio state university for review at its next regularly scheduled meeting.

(vii) To develop relevant policies and procedures regarding the scope of service and scope of practice to be granted to each licensed health care professional specialty. University policies and procedures shall be ratified by the credentialing committee and medical staff administrative committee, and be approved by the Wexner medical center board.

(G) Committee for practitioner health.

(1) Composition:

The committee shall consist of medical staff members appointed in accordance with paragraph (D)(1) of rule 3335-43-10 of the Administrative Code.

(2) Duties:

(a) To consider issues of licensed practitioner health or impairment whenever a self referral or referral is requested by an affected member or another member or committee of the medical staff, the Ohio state university hospitals staff, or any other individual.

(b) To educate the medical staff and the Ohio state university hospitals staff about illness and impairment recognition issues, including at-risk criteria, specific to licensed practitioners.

(c) To provide appropriate counsel, referral and monitoring until the rehabilitation is complete and periodically thereafter, if required, to enable the medical staff member to obtain appropriate diagnosis and treatment, and to provide appropriate standards of care.

(d) To consult regularly with the chief of staff, chief medical officer and medical director of the Ohio state university hospitals.

(e) To advise credentials or other appropriate medical staff committees on the credibility of any complaint, allegation or concern, including those affecting the quality and safety of patient care.

(f) To assure, through the chairperson of the committee, that all proceedings and records, including the identity of the person referring the case, are handled and maintained in the strictest confidence in accordance with the laws of the state of Ohio.

(g) To initiate appropriate actions when a licensed practitioner fails to complete the required rehabilitation program.

(H) Medical staff bylaws committee.

(1) Composition:

The committee shall consist of those members appointed in accordance with paragraph (D)(1) of rule 3335-43-10 of the Administrative Code. The chairperson shall always be the chief of staff-elect.

(2) Duties:

(a) To review and recommend amendments, as appropriate, to these medical staff bylaws to the medical staff administrative committee at least every two years.

(b) To receive from members of the medical staff or the medical staff administrative committee any suggestions that may necessitate amendment of university bylaws.

(I) Infection prevention committee.

(1) Composition:

The medical staff members of the committee shall consist of those members appointed in accordance with paragraph (D)(1) of rule 3335-43-10 of the Administrative Code. The committee shall also include representatives of nursing, environmental services, and hospital administration as may be invited from time to time by the chief of staff. The chairperson shall be a physician member of the medical staff with experience or training in infectious diseases.

(2) Duties:

(a) To oversee surveillance and institute any recommendations necessary for the investigation, prevention, containment of nosocomial and clinical infectious diseases of both patients and staff at all facilities owned, operated, or controlled by the Ohio state university hospitals and subject to JCAHO standards.

(b) To take necessary action through the chairperson of the committee, and the Ohio state university hospitals' epidemiologist, in consultation with the medical director of the Ohio state university hospitals, to prevent and control emerging spread or outbreaks of infections; isolate communicable and infectious patients as indicated; and obtain all necessary cultures in emergent situations when the responsible medical staff member is unavailable.

(J) Ethics committee.

(1) Composition:

The committee shall consist of members of the medical staff, nursing, hospital administration, and other persons who by reason of training, vocation, or interest may make a contribution. Members shall be appointed as provided in university bylaws. The chairperson shall be a medical staff member who is a clinically active physician.

(2) Duties:

(a) To make recommendations for the review and development of guidelines or policies regarding ethical issues.

(b) To provide ethical guidelines and information in response to requests from members of the medical staff, patients, patient's family or other representative, and staff members of the Ohio state university hospitals.

(c) To provide a support mechanism for primary decision makers at the Ohio state university hospitals. To provide educational resources on ethics to all health care providers at the Ohio state university hospitals.

(d) To provide educational resources on ethics to all health care providers at the Ohio state university hospitals.

(e) To provide and enhance interaction between hospitals administration and staff, departmental ethics committees, pastoral care services, and members of the medical staff.

(K) Practitioner evaluation committee.

(1) Composition.

This multi-disciplinary peer review committee is composed of clinically-active practitioners. If additional expertise is needed, the practitioner evaluation committee may request the assistance from any medical staff member or recommend to the chief medical officer an external review.

(2) Duties:

(a) To meet and keep minutes, which describe issues, opportunities to improve patient care, recommendations and actions to the chief quality officer and chair of the clinical department, responsible parties, and expected completion dates. The minutes are maintained in the quality and operations improvement office.

(b) To ensure that ongoing and systematic monitoring, evaluation, and process improvement is performed in each clinical department.

(c) To develop and utilize objective criteria in practitioner peer review activities.

(d) To ensure that the medical staff peer review process is effective.

(e) To maintain confidentiality of its proceedings. These issues are not to be handled outside of PEC by any individual, clinical department, division, or committee.

(L) Quality leadership council.

(1) Composition:

The quality leadership council shall consist of members appointed in accordance with paragraph (D)(1) of rule 3335-43-10 of the Administrative Code, and shall include the executive vice president for health sciences, the dean of the college of medicine and the chairperson of the quality and professional affairs committee of the Wexner medical center board as ex-officio members without a vote. The chief quality officer shall be the chairperson of the quality leadership council.

(2)

(a) To design and implement systems and initiatives to enhance clinical care and outcomes throughout the integrated health care delivery system.

(b) To serve as the oversight council for the clinical quality management and patient safety plan.

(c) To establish goals and priorities for clinical quality, safety and service on an annual basis.

(M) Clinical quality and patient safety committee.

(1) Composition:

The members of this group shall be appointed pursuant to university bylaws and shall include medical staff members from various clinical departments and support services, and shall include the director of the clinical quality management policy group, and representatives of nursing and hospitals administration. The chairperson of the policy group shall be a physician member of the medical staff.

(2) Duties:

(a) To coordinate the quality management related activities of the clinical departments, the medical information management department, utilization review, infection control, pharmacy and therapeutics and drug utilization committee, transfusion and isoimmunization, and other medical staff and the Ohio state university hospitals committees.

(b) To implement clinical improvement programs to achieve the goals of the Ohio state university hospitals quality management plan, as well as assure optimal compliance with accreditation standards and governmental regulations concerning performance improvement.

(c) To review, analyze, and evaluate on a continuing basis the performance of the medical staff and other health care providers; and advise the clinical department clinical quality sub-committees in defining, monitoring, and evaluating quality indicators of patient care and services.

(d) To serve as liaison between the Ohio state university and the Ohio peer review organizations through the chairperson of the policy group and the director of clinical quality.

(e) To make recommendations to the medical staff administrative committee on the establishment of and the adherence to standards of care designed to improve the quality of patient care delivered in the Ohio state university hospitals.

(f) To hear and determine issues concerning the quality of patient care rendered by members of the medical staff and the Ohio state university hospitals staff and make appropriate recommendations and evaluate action plans when appropriate to the chief medical officer, the medical director, the chief of a clinical department, or the Ohio state university hospitals administration.

(g) To appoint ad-hoc interdisciplinary teams to address the Ohio state university hospitals-wide quality management plan.

(h) To annually review and revise as necessary the Ohio state university hospitals-wide clinical quality management plan.

(i) To report and coordinate with the leadership council for clinical quality, safety and service of all quality improvement initiatives.

(N) Utilization management committee.

(1) Composition:

The members shall be appointed in accordance with paragraph (D)(1) of rule 3335-43-10 of the Administrative Code and shall include medical staff members from various clinical departments and support services, the directors of clinical quality and case management, and representatives of nursing and hospitals administration. The chairperson of the committee shall be a physician member of the medical staff.

(2) Duties:

(a) To promote the most efficient and effective use of the hospitals of the Ohio state university health system facilities and services by participating in the review process and continued stay reviews on all hospitalized patients.

(b) To formulate and maintain a written resource management review plan for the hospitals of the Ohio state university health system consistent with applicable governmental regulations and accreditation requirements.

(c) To conduct resource management studies by clinical department or divisions, or by disease entity as requested or in response to variation from benchmark data would indicate.

(d) To report and recommend to the leadership council for clinical quality, safety and service changes in clinical practice patterns in compliance with applicable governmental regulations and accreditation requirements, and when the opportunity exists to improve the resource management.

(e) To oversee evaluation and cost effective utilization of clinical technology.

(f) To oversee the activities of the utilization management committee of the hospitals of the Ohio state university health system. This oversight will include the annual review and approval of the utilization management plan.

(O) Clinical practice guideline committee.

(1) Composition. The members shall be appointed in accordance with paragraph (D)(1) of rule 3335-43-10 of the Administrative Code, and shall include medical staff members from various clinical departments and support services, representatives of nursing, pharmacy, information systems, hospitals administration, and the chair of the clinical quality and management policy group. The chairperson of the policy group shall be a physician member of the medical staff.

(2) Duties:

(a) To oversee the planning, development, approval, implementation and periodic review of evidence-based medicine resources (i.e., clinical practice guidelines, quick reference guides, clinical pathways, and clinical algorithms) for use within the Ohio state university hospitals and its affiliated institutions. Planning should be based on the prioritization criteria approved by the leadership council for clinical quality, safety and service and review should focus on incorporating recent medical practice, literature or developments. Annual review should be done in cooperation with members of the medical staff with specialized knowledge in the field of medicine related to the guideline.

(b) To report and recommend to the leadership council for clinical quality, safety and service specific process and outcomes measures for each evidence-based medicine resource.

(c) To oversee ongoing education of medical staff (including specifically limited staff) and other appropriate Ohio state university hospitals staff regarding the fundamental concepts and value of evidence-based practice and outcomes measurement and its relation to quality improvement.

(d) To initiate and support research projects when appropriate in support of the objectives of the leadership council for clinical quality, safety and service.

(e) To oversee the development, approval and periodic review of the clinical elements of computerized ordersets and clinical rules to be used within the information system of the Ohio state university hospitals and its affiliated institutions. Computerized ordersets and clinical rules related to specific practice guidelines should be forwarded to the leadership council for clinical quality, safety and service for approval. All other computerized ordersets and clinical rules should be forwarded to the leadership council for clinical quality, safety and service for information.

(f) To regularly report a summary of all actions to the leadership council for clinical quality, safety and service.

(P) Committee for practitioner effectiveness.

(1) Composition.

This multi-disciplinary peer review committee is composed of clinically-active practitioners and other individuals with expertise in professionalism.

(2) Duties.

(a) Receive and review validity of complaints regarding concerns about professionalism of credentialed practitioners;

(b) Treat, counsel and coach practitioners in a firm, fair and equitable manner;

(c) Maintain confidentiality of the individual who files a report unless the person who submitted the report authorizes disclosure or disclosure is necessary to fulfill the institution's legal responsibility;

(d) Ensure that all activities be treated as confidential and protected under applicable peer review and quality improvement standards in the Ohio Revised Code;

(e) Forward all recommendations to the clinical department chief, the chief medical officer or his/her designee and, if applicable, to the chief nursing officer.

Last updated August 13, 2025 at 7:35 AM

History

  • Effective: August 8, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-13

(A) Medical staff responsibility.

The medical staff bylaws committee shall have the initial responsibility to formulate, review at least biennially, and recommend to the quality and professional affairs committee of the Wexner medical center board any medical staff bylaws, rules, regulations, policies, procedures, and amendments as needed. Amendments to the bylaws shall be effective when approved by the university board of trustees. Amendments to the rules and regulations shall be effective when approved by the Wexner medical center board.

Such responsibility shall be exercised in good faith, in a timely manner and in accordance with applicable laws and regulatory standards. This applies as well to the review, adoption, and amendment of the related rules, policies, and protocols developed to implement the various sections of medical staff bylaws.

The organized medical staff shall also have the ability to propose amendments to the medical staff bylaws, rules and regulations, and policies and procedures and propose them directly to the quality and professional affairs committee of the Wexner medical center board.

If the voting members of the organized medical staff propose to adopt amendments to the bylaws, rules and regulations or policies, they must first communicate the proposal to the medical staff administrative committee. When the medical staff administrative committee proposes to adopt amendments to the bylaws, rules and regulations or policies, it communicates the proposal to the organized medical staff.

Conflict between the organized medical staff and the medical staff administrative committee will be managed by allowing communication directly from the medical staff to the quality and professional affairs committee of the Wexner medical center board on issues including, but not limited to amendments to the bylaws and the adoption of new rules and regulations or policies. Medical staff members may communicate with the quality and professional affairs committee of the Wexner medical center board by submitting their communication in writing to the chief of staff, who shall then communicate on their behalf to the quality and professional affairs committee of the Wexner medical center board at its next regularly scheduled meeting for final determination.

In cases of urgent need to update the medical staff bylaws or rules and regulations in order to comply with law, statute, federal regulation, or accreditation standard, the medical staff administrative committee and the quality and professional affairs committee of the Wexner medical center board may provisionally approve an urgent amendment without prior notification to the medical staff. The medical staff shall be immediately notified by the medical staff administrative committee. The medical staff shall have the opportunity for review of and vote on the provisional amendment. If the medical staff votes in favor of the provisional amendment, it shall stand. If there is conflict over the provisional amendment, process for resolving conflict between the organized medical staff and the medical staff administrative committee shall be implemented.

(B) Methods of adoption and amendment to medical staff bylaws.

Proposed amendments to the bylaws may be originated by the medical staff bylaws committee, medical staff administrative committee or by a petition signed by twenty-five per cent of attending medical staff members.

Each attending medical staff member will be eligible to vote on the proposed amendment via secure ballot in a manner determined by the medical staff administrative committee. All attending medical staff members shall receive at least fourteen days advance notice of the changes to be adopted:

(1) The medical staff receives a simple majority of the votes cast by those members eligible to vote.

(2) Amendments so adopted shall be effective when approved by the university board of trustees.

(C) Methods of adoption and amendment to medical staff rules, regulations and policies.

The medical staff may adopt additional rules, regulations and policies as necessary to carry out its functions and meet its responsibilities under medical staff bylaws.

Proposed amendments to the rules, regulations and policies may be originated by the medical staff bylaws committee or the medical staff administrative committee.

The medical staff administrative committee shall vote on the proposed language changes at a regular meeting, or at a special meeting called for such purpose. Following an affirmative vote by the medical staff administrative committee, rules and regulations may be adopted, amended or repealed, in whole or in part and such changes shall be effective when approved by the organized medical staff, and the Wexner medical center board. Policies and procedures will become effective upon approval of the medical staff administrative committee.

In addition to the process described in this rule, the organized medical staff itself may recommend directly to the quality and professional affairs committee of the Wexner medical center board an amendment to any rule, regulation, or policy by submitting a petition signed by twenty-five per cent of the members of the attending medical staff category. Upon presentation of such petition, the adoption process outlined in this rule will be followed.

(D) The medical staff administrative committee may adopt such amendments to the bylaws, rules, regulations, and policies that are, in the committee's judgment, administrative, technical or legal modifications or clarifications. Such modifications may include reorganization or renumbering, punctuation, spelling, or other errors of grammar or expression. Such amendments need not be approved by the entire Wexner medical center board but must be approved by the vice president of health services. Neither the organized medical staff nor the Wexner medical center board may unilaterally amend the medical staff bylaws or rules and regulations.

The medical staff bylaws, rules and regulations, Wexner medical center board bylaws, and relevant policies shall not conflict. The medical staff bylaws committee shall assure that there is no conflict.

Last updated December 29, 2023 at 8:43 AM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-12 Meetings and dues.

(A) Meetings

The medical staff of the Ohio state university hospitals shall conduct scheduled meetings at least annually. Notice of the meeting shall be sent to all medical staff at least two weeks prior to the meeting. Attendance is encouraged, but shall not be a requirement for continued medical staff membership and clinical privileges. Special and/or electronic meetings of the medical staff may be called at the option of the medical staff administrative committee.

(B) Dues.

The medical staff, by two-thirds vote of those in attendance at a regularly scheduled meeting, may establish dues. Payment of dues is a requirement for continued staff membership.

Last updated December 29, 2023 at 8:43 AM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-14 Rules of construction.

(A) "Shall" as used herein is to be construed as mandatory.

(B) University bylaws should be construed to be gender neutral.

History

  • Effective: November 12, 2020
  • Promulgated Under: 111.15

Chapter 3335-49 Procedure for Classified Civil Service and Opting Out of Provisions

Ohio Adm.Code 3335-49-01 Procedure for adoption, amendment or rescission of rules affecting persons in the classified civil service at the Ohio state university.

(A) Pursuant to section 124.14 of the Revised Code, the university follows these procedures for the adoption, amendment, or rescission of rules affecting persons in the classified civil service.

(B) The adoption, amendment, or rescission of any rule affecting employees in the classified civil service at the Ohio state university shall comply with the provisions of section 111.15 of the Revised Code.

(C) The proposed new, amended, or rescinded rules shall be presented to the Ohio state university board of trustees for approval.

(D) After the Ohio state university board of trustees has approved the proposed rules, and at least ten days prior to the effective date, all rule(s) in their final form shall be filed electronically with the legislative service commission.

(E) The office of human resources shall make a reasonable effort to notify employees who may be affected by the adoption, amendment or rescission of any rule. The office of human resources shall make available the full text of the rule or rules as adopted or amended to any person upon request.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-49-02 New Rules.

To the degree that new rules have been adopted, they supersede any statute covering the subject matter in accordance with HB187.

History

  • Effective: December 2, 2009
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-49-03 The Ohio state university opts out of the following provisions of the Ohio Revised Code:.

(A) Section 124.18 of the Revised Code, standard work week compensatory time overtime pay holidays.

(B) Section 124.181 of the Revised Code, pay supplements shift differentials.

(C) Section 124.22 of the Revised Code, educational and citizenship requirements for civil service examinations.

(D) Section 124.23 of the Revised Code, examinations.

(E) Section 124.231 of the Revised Code, special examinations for legally blind or legally deaf persons.

(F) Section 124.25 of the Revised Code, formal application for examination.

(G) Section 124.26 of the Revised Code, eligibility lists veteran's preference provisional employees.

(H) Section 124.27 of the Revised Code, appointments from eligibility lists probation.

(I) Section 124.271 of the Revised Code, provisional employees.

(J) Section 124.30 of the Revised Code, emergency, external interim, temporary, or intermittent appointments scientific, managerial, professional, or educational qualifications.

(K) Section 124.31 of the Revised Code, promotions.

(L) Section 124.32 of the Revised Code, transfers reinstatements.

(M) Section 124.321 of the Revised Code, reduction in work force layoffs job abolishment.

(N) Section 124.322 of the Revised Code, layoff procedures.

(O) Section 124.323 of the Revised Code, layoff order.

(P) Section 124.324 of the Revised Code, layoff displacement rights.

(Q) Section 124.325 of the Revised Code, retention points for continuous service and efficiency.

(R) Section 124.326 of the Revised Code, layoff jurisdictions.

(S) Section 124.327 of the Revised Code, layoff lists reinstatement reemployment.

(T) Section 124.328 of the Revised Code, layoff, displacement appeals.

(U) Section 124.34 of the Revised Code, reduction in pay or position suspension removal.

(V) Section 124.381 of the Revised Code, occupational injury leave program.

(W) Section 124.385 of the Revised Code, disability leave benefits.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-49-04 The Ohio state university opts out of the following provisions of the Ohio Administrative Code:.

(A) Chapter 123: 1-3 of the Administrative Code, position audits and changes to classification plan

(B) Chapter 123:1-7 of the Administrative Code, classification

(C) Chapter 123:1-9 of the Administrative Code, examinations

(D) Chapter 123: 1-10 of the Administrative Code, automatic certification

(E) Chapter 123:1-11 of the Administrative Code, applications for examination

(F) Chapter 123:1-15 of the Administrative Code, eligibility lists

(G) Chapter 123:1-17 of the Administrative Code, vacancies and appointments

(H) Chapter 123:1-19 of the Administrative Code, probation

(I) Chapter 123:1-21 of the Administrative Code, exceptional appointments

(J) Chapter 123:1-23 of the Administrative Code, promotions

(K) Chapter 123: 1-25 of the Administrative Code, transfers, reinstatements, and seasonal positions

(L) Chapter 123: 1-27 of the Administrative Code, suggestion award system

(M) Chapter 123: 1-28 of the Administrative Code, combined charitable campaign

(N) Chapter 123: 1-29 of the Administrative Code, performance evaluation system

(O) Chapters 123:1-30-01 to 123:1-30-04 of the Administrative Code, disability separations - reinstatement

(P) Chapter 123:1-31 of the Administrative Code, removals, reductions, or suspensions

(Q) Chapter 123:1-32 of the Administrative Code, sick and personal leave

(R) Chapter 123:1-34 of the Administrative Code, leave

(S) Chapter 123: 1-35 of the Administrative Code, payroll

(T) Chapter 123: 1-37 of the Administrative Code, pay supplements

(U) Chapter 123:1-41 of the Administrative Code, layoffs

(V) Chapter 123: 1-43 of the Administrative Code, overtime and compensatory time

(W) Chapter 123: 1-44 of the Administrative Code, holidays

(X) Chapter 123: 1-47 of the Administrative Code, definitions

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15

Chapter 3335-51 Review of Positions and Classifications

Ohio Adm.Code 3335-51-01 Position audits and reclassifications.

(A) The university may initiate audits and reviews of positions and classifications.

(B) An employee may request from the office of human resources a position audit for the purposes of determining whether a position is properly classified. An employee may request only one position audit per twelve month period.

(C) When an audit or review is conducted, the following sources for that investigation include, but are not limited to, documentation, any employee, an employee's authorized representative, or college/department officer. When the office of human resources finds that inequities or improper classifications of positions exist, appropriate remedial steps may be taken to provide a more equitable, just, and proper classification. The affected employee(s) shall be given a written notice of the decision of the audit.

(D) If a position is reclassified outside the original classification as a result of an audit, the incumbent's probationary period is waived for the new classification.

(E) Whenever a position reclassification determination is made, the office of human resources shall provide written notice to the affected employees. The office of human resources shall determine the classification within four weeks of receipt of the request. Employees shall receive notice of the decision prior to the effective date, which shall be determined and established by compensation. An employee may appeal the decision to the state personnel board of review within thirty days of receipt of the decision.

(F) Position audits shall not be performed when deemed inappropriate by the office of human resources. At the discretion of the office of human resources, such circumstances may include but not be limited to when the incumbent is serving in a temporary position, a probationary period, on leave, receiving disability benefits, or the subject of a reduction in force.

Last updated September 20, 2022 at 8:56 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-51-02 Notification of employees.

(A) Whenever the classification title of a position changes, other than by process of promotion or demotion, or whenever the university establishes or deletes classifications and such actions result in the reclassification of incumbent classified employees, notification shall be made in writing to any individual affected by the change.

(B) Any classified employee may appeal the reclassification to the state personnel board of review within thirty days after receipt of the notification of reclassification or notice of results of a position audit.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-51-03 Certified status.

(A) An employee obtains certified status in the classification upon successful completion of the probationary period for that classification as stated in rule 3335-67-02 of the Administrative Code. When there is no probationary period, employees obtain certified status in the classification upon the completion of one hundred eighty days with satisfactory performance.

(B) Certified status is not available to employees who serve at the discretion of the appointing authority.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-67-02

(A) The probationary period for full time and part time employees is one hundred eighty days. Longer probationary periods, not to exceed twelve months, may be specified by the university.

(B) The probationary period is completed at midnight of the one hundred eightieth day. For longer probationary periods, probation is completed at midnight of the last day of the probationary period.

(C) Time spent on paid time off, or other leaves that exceed two weeks, unpaid leave, or layoff are not credited as part of the probationary period.

Last updated September 20, 2022 at 8:58 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-51-04 Retention of certified status.

(A) An employee with certified status who receives a classification change shall retain certified status in the new classification if:

(1) The change is due to a change in the classification plan,

(2) The change is to a lower classification within the classification series; or

(3) The employee is reclassified as a result of a job audit or review, in which case the employee shall have certified status in the new classification without serving a new probationary period.

(B) At the discretion of the university, an employee with certified status may:

(1) Be reemployed or reinstated to the classification held at the time of separation within twelve months of separation from service; or

(2) Displace into a former classification held within the past twelve months pursuant to Chapter 3335-81 of the Administrative Code.

(C) An employee who achieves certified status in a classification shall retain it for twelve months after leaving the classification.

(D) An employee with certified status who returns from disability separation to the classification held at the time of separation is reinstated with certified status.

(E) An employee with certified status may accept an unclassified positon at which time certified status expires.

Last updated September 20, 2022 at 8:56 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-51-05 Determination of classifications with same or similar duties.

The office of human resources has determined that there are no classifications that have the same or similar duties for purposes of transferring certification or for exercising displacement procedures.

History

  • Effective: July 1, 2001
  • Promulgated Under: 111.15

Chapter 3335-55 Classified Civil Service Classification

Ohio Adm.Code 3335-55-01 Classification of positions.

All positions in the classified service at the Ohio state university are listed in the university classified civil service title group found on the office of human resources web site, except those exempted by law.

History

  • Effective: March 16, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-55-03 Classification plan.

(A) The university shall establish, modify, or repeal a job classification plan for all positions, offices, and employment in the classified civil service.

(B) The university shall assign a classification title to each classification within the classification plan.

(C) The university shall assign each classification to a pay range established under Chapter 3335-83 of the Administrative Code.

(D) The university shall assign a numbering system for the classification process.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-55-04 Specifications.

(A) The university shall prepare specifications for each classification in the classified service.

(B) Each classification title shall have a corresponding classification specification that sets forth the function statement and minimum qualifications. The function statement shall set forth the primary duties that must be satisfied at least fifty per cent of the time. Position-specific minimum qualifications may be identified in the position description.

(C) For the purpose of classifying positions and making job audit decisions only, wherever the word "supervises" appears in a classification specification, unless otherwise defined in the specification, "supervises" means that an employee assigns and reviews work, completes employee performance management procedures, rewards exemplary employee performance, recommends disciplinary action including termination, and addresses grievances.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-55-05 Appropriateness of duties.

Duties performed shall be appropriate based on the function statement and duties in the specification and the position description. The university can assign duties to the employee's position as may be required due to temporary characteristics of the work situation.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-55-06 Changes in the pay ranges or classification plan.

The university may reassign the pay ranges of classifications and add, modify, or delete classifications. New classifications created pursuant to this rule shall be assigned to one of the established pay ranges.

History

  • Effective: March 16, 2011
  • Promulgated Under: 111.15

Chapter 3335-57 Requirements for Classified Civil Service Positions

Ohio Adm.Code 3335-57-01 Job announcements.

(A) Notice of all vacant or created regular classified civil service positions is posted on the jobs website maintained by the office of human resources.

(B) Minimum qualifications for all positions must be specified in the posting.

(C) The university may use external print and electronic advertisements to reach the broadest and most diverse pool of applicants.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-57-02 Evaluation of applicants and candidates.

(A) Internal applicants will be eligible for consideration if they meet minimum qualifications, and have passed probation (if applicable). An employee serving a probationary period may apply for other university positions, but is ineligible for consideration for positions unless the posting periods end within five calendar days of the end of the employee's probationary period.

(B) External applicants will be eligible for consideration if they meet minimum qualifications as evidenced by their application materials.

(C) A method of evaluating candidates for each position must be documented prior to the commencement of the selection process for every search.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-57-03 Selection of candidates is based upon a determination of merit and fitness.

(A) The university is committed to recruiting and selecting candidates based on a determination of merit and fitness relative to the position.

(B) Determination of merit and fitness may include an evaluation of factors including but not limited to experience, competencies, knowledge, skills, abilities, education, training, and physical or psychological fitness. Evaluation of applicants may be written, oral, physical, demonstration of skill, or an evaluation of training and experiences. Applicant evaluation must be designed to fairly test the relative capacity of the applicants to perform the duties of the position. Candidate evaluation may include structured interviews; assessment centers; work simulations; examinations of knowledge, skills, and abilities; and any other acceptable evaluation method.

(C) Reasonable accommodations for applicants with disabilities may be set prior to the evaluation as determined by the university on a case by case basis. Applicants with disabilities who may require some accommodation in the selection process are responsible for notifying the university prior to the date of selection activity.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-57-04 Character and fitness of applicant.

(A) All statements submitted by applicants relating to character and fitness are subject to investigation by the university. Satisfactory information produced to the university that the applicant has committed acts which demonstrate character traits which would be detrimental to the successful performance of the employment sought, including but not limited to: the applicant's termination for cause from any previous employment, a conviction of a crime, an established pattern of poor work habits and performance with previous employers; may be sufficient to exclude the applicant from consideration. The university shall notify the applicant and provide the applicant with an opportunity to respond. This rule does not preclude the university from taking appropriate disciplinary action against a current employee, if the university discovers that the employee, prior to being hired by the university, committed acts which demonstrate character traits which would be detrimental to their continued employment with the university.

(B) An employee terminated from university employment may be ineligible for reemployment with the university.

Last updated September 20, 2022 at 8:56 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-57-05 False statements.

(A) All applicants must provide truthful and accurate information to the university throughout the entire recruitment and selection process.

(B) Fraudulent conduct or false statements by an applicant, or by others with the applicant's knowledge, in any application or examination, is cause for exclusion from consideration. This rule does not preclude the university from taking appropriate disciplinary action if the university discovers that an employee engaged in fraudulent conduct or made false statements during the application/recruiting process.

Last updated September 20, 2022 at 8:57 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15

Chapter 3335-59 Examinations for Classifications

Ohio Adm.Code 3335-59-01 Examination administration.

(A) The office of human resources or its designee administers examinations for classifications in the classified service as the university deems advisable.

(B) Applicants with disabilities who may require accommodations to take an examination are responsible for notifying the office of human resources prior to the date of examination. Reasonable accommodations for applicants with disabilities may be set prior to the examination as determined by the university.

(C) The university may cancel or postpone a scheduled examination at its discretion. Reasonable efforts shall be made to notify applicants of such cancellation or postponement.

(D) University employees may be released from work without loss of pay to compete in a university civil service examination. The university may limit the granting of such time off to two occasions in any one calendar year.

(E) An applicant may not repeat an examination within six months from the date of the original examination unless an alternate form of examination is given. The office of human resources may waive this rule at its discretion.

(F) To apply for military service examination credit, prior to participation in an examination an applicant shall supply documentation showing that the applicant was in active military service or reserves for the United States and obtained a discharge that was other than dishonorable or bad conduct. When an applicant passes an examination, a military service credit of twenty percent of the overall passing grade is granted.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-59-02 Preemployment medical and psychological examinations.

(A) When a position requires a medical and/or psychological examination in relation to the essential functions of the position, it will be included in the vacancy notice. Such exams occur after the conditional offer of employment and before employment has started. The offer of employment is contingent upon passing the examination.

(B) Applicants may be required to furnish medical information from a licensed practitioner who has sufficient medical knowledge as to the applicant's condition as it relates to the essential functions of the position. Such information may not be required until after the conditional offer of employment. The university reserves the right to designate the examining licensed practitioner. The university shall pay for required examinations.

(C) Medical and psychological reports shall be maintained as confidential records to the extent allowable pursuant to section 149.43 of the Revised Code and Chapter 1347 of the Revised Code.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15

Chapter 3335-65 Employment Status

Ohio Adm.Code 3335-65-01 Time limit for selection.

The office of human resources shall cancel the position vacancy notice if a college or unit fails to select a qualified applicant within six months of the posting of the vacancy. The office of human resources may waive this provision at its discretion.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-65-02 Reinstatement after resignation.

A classified civil service employee who resigns, having served the required probationary period may, with the consent of the office of human resources, be reinstated upon request of the college or unit to the same classification in the college or unit, at any time within twelve months from the date of resignation. This provision does not apply to employees who resign in lieu of termination or who have been notified they are ineligible for rehire.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-65-03 Temporary position.

(A) A temporary position in a classified title is a position for which the employment relationship between the university and the employee is intended for a specific, designated period of time not to exceed twelve months. The employee serves at the discretion of the appointing authority and is not eligible for certification.

(B) Neither accepting nor declining a temporary position shall affect the ability of an applicant to be considered for a regular position, nor shall acceptance confer the ability to remain in the position as a regular employee, be promoted, transferred, or reinstated.

(C) Periods of temporary service shall not be credited as part of the probationary period if one who has served in a temporary position receives a first position in the same classification at the university.

(D) Employees in temporary positions who are replacing sick or disabled employees in regular positions may continue in the temporary position for the length of sickness or disability and do not obtain rights to a regular position.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-65-04 Seasonal position.

(A) A seasonal position in a classified title is a regular position for which the service recurs for a specified period of time during a particular time of the year.

(1) During off-season time, the units are required to terminate seasonal positions.

(2) Units may rehire an individual into the same position in successive years, based on the continued need for the position.

(B) Reduction in force, Chapter 3335-81 of the Administrative Code, does not apply when an employee in a seasonal position completes the active work season.

(C) Declining a seasonal position does not affect the ability of an applicant to be considered for other regular positions.

(D) Once an applicant accepts a seasonal position the seasonal employee may apply as an internal candidate for positions within the university, provided the employee has completed the probationary period within that classification.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-65-05 Intermittent position.

(A) An intermittent position in a classified title is a position for which the employee works irregular hours or days on an as-needed basis.

(B) An employee in an intermittent position serves at the discretion of the appointing authority and is not eligible for certification.

(C) The employee must work less than fifty per cent FTE over the course of any twelve month period.

(D) Neither accepting nor declining intermittent employment affects the ability of an applicant to be considered for a regular position, nor shall acceptance confer the ability to be promoted, transferred, or reinstated.

Last updated September 20, 2022 at 8:57 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-65-07 Reassignment of position and/or work location.

(A) The university may temporarily or permanently reassign an employee within the same classification. Reassignment cannot result in an assignment to a lower pay range.

(B) The university may temporarily or permanently reassign an employee's work location, task, or shift to another within the same classification. No employee has any vested claim to performance of particular tasks within a particular job classification.

(C) The university shall provide reasonable notice of the reassignment prior to the effective date of the change, except when an emergency renders advance notice impractical.

History

  • Effective: June 2, 2011
  • Promulgated Under: 111.15

Chapter 3335-67 Probationary Period

Ohio Adm.Code 3335-67-01 Nature of the probationary period.

(A) Employees serve a probationary period following:

(1) A first position;

(2) A promotion to another classified position; or

(3) A lateral change from one classification to another classification.

(B) Employees that serve at the discretion of the appointing authority (e.g. intermittent, temporary) do not serve a probationary period and are not eligible for certification.

(C) Employees whose titles are changed through the reclassification process do not serve a new probationary period.

(D) An employee shall be provided with coaching and feedback during the probationary period.

(E) An employee shall be provided with a performance review prior to the end of the probationary period. An employee who is terminated before the end of the probationary period of the first appointment is not required to receive a performance review.

(F) If an employee's job performance does not meet the expectations of the first position, lateral change, to another classification, or promotion, then:

(1) An employee may be terminated from a first position at any time during the probationary period; or

(2) An employee who has received a promotion or a lateral change to another classification may be returned to the former classification at any time during the probationary period.

(G) When an employee is terminated or returned to the former classification during the probationary period, the university shall send a written notice to the employee. This termination or return to the former classification is not subject to appeal.

(H) An employee terminated from employment during a probationary period is not eligible to reapply for the same or higher classification for twelve months from the termination date unless an exception is granted at the discretion of the office of human resources.

(I) An employee terminated from university employment may be ineligible for reemployment with the university.

Last updated September 20, 2022 at 8:58 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-67-02 Length of the probationary period.

(A) The probationary period for full time and part time employees is one hundred eighty days. Longer probationary periods, not to exceed twelve months, may be specified by the university.

(B) The probationary period is completed at midnight of the one hundred eightieth day. For longer probationary periods, probation is completed at midnight of the last day of the probationary period.

(C) Time spent on paid time off, or other leaves that exceed two weeks, unpaid leave, or layoff are not credited as part of the probationary period.

Last updated September 20, 2022 at 8:58 AM

History

  • Effective: September 20, 2022
  • Promulgated Under: 111.15

Chapter 3335-73 Leaves from Duty of Classified Civil Service Employee

Ohio Adm.Code 3335-73-01 Unpaid leaves.

(A) The university may grant unpaid leave to a classified civil service employee. Such leave may be for personal or medical reasons for up to a maximum of six months, however, the six months may be extended at the discretion of the university.

(B) An unpaid medical leave must comply with the following provisions:

(1) Medical reasons may include, but not be limited to, the employee's own injury, illness, other medical condition, or when an employee becomes incapacitated to the extent that the employee is unable to perform the essential duties of the position.

(2) The employee must state a date by which the employee will return to work. If no date of return can be stated by the employee or if the need for leave continues beyond approved family and medical leave, the university may place the employee on disability separation pursuant to this chapter.

(3) Appropriate medical documentation must be submitted from a licensed practitioner when applying for unpaid leave.

(C) Upon completion of such unpaid leave, the employee shall return to the same or similar position of employment. If the unpaid leave was for medical reasons, appropriate medical documentation from a licensed practitioner may be required to verify that the employee has been released to return to work. The employee may return to service prior to the originally scheduled expiration of the unpaid leave, if the earlier return is agreed to by both employee and university.

(D) Failure to return to service within three working days of the completion or valid cancellation of an unpaid leave without explanation to the appointing authority will constitute job abandonment and is cause for termination of employment. An employee who fails to return to service from an unpaid leave and is subsequently terminated or voluntarily resigns from the service is deemed to have a termination date corresponding to the starting date of the unpaid leave.

(E) If it is determined that the unpaid leave is not being used for the purpose for which it was granted, the university may cancel the unpaid leave and direct the employee to return to work by giving written notice by regular mail to the employee. The employee shall be subject to disciplinary action up to and including termination for any misuse of the unpaid leave.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-73-02 Military leave.

The university provides military leave and benefits in accordance with federal and state laws, including but not limited to, the Uniformed Services Employment and Reemployment Rights Act (USERRA).

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-73-03 Court leave.

(A) The university shall grant court leave without loss of pay to any employee who:

(1) Is summoned for jury duty;

(2) Is subpoenaed to appear before any court, commission, board or other legally constituted body authorized by law to compel the attendance of witnesses, when the employee is not a party to the action; or

(3) Is the appellant in any action before the state personnel board of review and is currently in a paid status (by working or receiving any paid time pursuant to the university policy) at the time of a scheduled hearing.

(B) Any employee who is appearing before a court or other legally constituted body in a matter in which the employee is a party may be granted vacation or unpaid leave. Such instances would include, but not be limited to: criminal or civil cases, traffic court, divorce proceedings, custody, or appearing as directed as parent or guardian of juveniles.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-73-05 Involuntary disability separation.

(A) If the university believes that an employee can no longer perform the essential job duties of the position, then the university may require that the employee submit to a medical psychological, and/or functional capacity examination performed by a licensed practitioner designated by the university, and paid for by the university, prior to an involuntary disability separation unless the employee is hospitalized at the time such action is to be taken.

In lieu of requiring an examination, the university may use medical documentation submitted by the employee's licensed practitioner.

(B) When the university determines that the employee is unable to perform the essential job duties of the position and after receiving the information as noted in paragraph (A) of this rule, the university shall hold a pre-separation hearing. The university shall provide notice of the pre-separation hearing at least seventy-two hours prior to the scheduled hearing.

(C) At the pre-separation hearing, the university shall consider the information as noted in paragraph (A) of this rule, the essential job duties of the employee's position, and any additional evidence relating to the employee's ability to perform the essential job duties. After considering the evidence, the university shall either issue an involuntary disability separation order or cease the separation proceedings. The appointing authority shall notify the employee in writing of the university's decision.

(D) An employee separated pursuant to this rule may appeal in writing to the state personnel board of review within ten days after receiving the determination of involuntary disability separation.

(E) Individuals reinstated after disability separation or disability retirement shall be reinstated to the same or similar position within a reasonable period of time after a written application for reinstatement. Reinstatement shall be in the jurisdiction in which they were employed when separated, except when implementing reasonable accommodations under the Americans with Disabilities Act requires reinstatement in another jurisdiction. Such application for reinstatement shall be filed within two years from the date of separation in cases of disability separation or within five years in cases of OPERS disability retirement. A complete reinstatement application must include a written request for reinstatement by the employee shall be accompanied by a return to work release by their treating physician. If the employee was granted disability retirement, a licensed practitioner designated by the public employee retirement board shall conduct the examination. Following reinstatement, the university may require the employee to submit to an examination by a licensed practitioner designated by the university to ensure that the employee can perform the essential functions of the job. The university shall pay for the examination. Following reinstatement, successful completion of reemployment screening is required. If an employee does not pass any screening, a hearing will be held to determine the employment action to be taken.

History

  • Effective: July 3, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-73-06 Voluntary disability separation.

An employee who is unable to perform the essential job duties of the position due to a disabling illness, injury, or condition may request a voluntary disability separation. A voluntary disability separation occurs when an employee does not dispute the inability to perform the essential job duties of the position.

(A) The university may grant an employee's request for voluntary disability separation based upon previously submitted medical documentation or may require the employee to submit to an additional medical, psychological, and/or functional capacity examination. If the documentation supports the employee's request, the university shall grant the employee's request for voluntary disability separation. If the medical examination does not support the employee's request, the university shall not approve the employee's request for voluntary disability separation.

(B) An employee who is granted a voluntary disability separation waives the ability to have a pre-separation hearing.

(C) An employee separated pursuant to this rule may appeal in writing to the state personnel board of review within ten days after receiving the determination of disability separation.

(D) Individuals reinstated after disability separation or disability retirement shall be reinstated to the same or similar position within a reasonable period of time after a written application for reinstatement. Reinstatement shall be in the jurisdiction in which they were employed when separated, except when implementing reasonable accommodations under the Americans with Disabilities Act requires reinstatement in another jurisdiction. Such application for reinstatement shall be filed within two years from the date of separation in cases of disability separation or within five years in cases of OPERS disability retirement. A complete reinstatement application must include a written request for reinstatement by the employee shall be accompanied by a return to work release by their treating physician. If the employee was granted disability retirement, a licensed practitioner designated by the public employee retirement board shall conduct the examination. Following reinstatement, the university may require the employee to submit to an examination by a licensed practitioner designated by the university to ensure that the employee can perform the essential functions of the job. The university shall pay for the examination. Following reinstatement, successful completion of reemployment screening is required. If an employee does not pass any screening, a hearing will be held to determine the employment action to be taken.

History

  • Effective: July 3, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-73-07 Administrative leave.

The university may place an employee on administrative leave with pay at its discretion. Such leave is to be used in circumstances when the health or safety of any employee or of any person or property entrusted to the employee's care could be adversely affected or during an administrative investigation as determined by the office of human resources. Compensation for administrative leave shall be equal to the employee's base rate of pay. The length of such leave is solely at the discretion of the university.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15

Chapter 3335-75 Procedure for Performance Review

Ohio Adm.Code 3335-75-01 Performance management and review.

(A) Performance management is an ongoing process between the employee and supervisor that includes setting expectations and goals, coaching, feedback, training and development, and performance review.

(B) Employees shall have a written performance review on an annual basis. An employee shall be provided with a performance review prior to the end of the probationary period. An employee who is terminated before the end of the probationary period of the original appointment is not required to receive a performance review. The performance review is a summary of the employee's performance for the review period, and may serve as a step in the performance improvement process.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-75-02 General procedure for addressing deficient performance and terminations.

(A) Supervisors shall manage deficient performance through the process defined by the office of human resources. The university at its discretion may move directly to termination in cases that warrant immediate termination.

(B) The performance improvement process may be initiated for, but not limited to the following reasons: incompetency, inefficiency, dishonesty, use or being under the influence of alcohol or illegal drugs at work or inappropriate use of prescription drugs, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, a violation of university rules or policy, failure to return from a leave, other failure of good behavior, misfeasance in office, malfeasance in office, nonfeasance in office, other unsatisfactory job performance, conviction of a felony, or by voluntary written agreement by an employee; this is not an exhaustive list.

(C) At each step in the performance improvement process the employee shall be notified in writing of their level in the process, the nature of their deficient performance, the expectations for performance, the consequences of continued deficient performance, and the effective date of the action. The employee shall be notified in writing when being terminated. This notification shall advise the employee of the right to appeal to the state personnel board of review, if applicable. Any such appeal shall be made in accordance with the rules of the state personnel board of review.

(D) Any employee who is absent for three or more successive days, without approved leave and/or without notice to the employing unit of the reasons for such absence, may be subject to termination for neglect of duty.

(E) The following conditions apply to any employee who is convicted of a felony:

(1) Conviction of a felony is a separate basis for reducing in pay or position, suspending, or terminating an employee, even if the employee has already been reduced in pay or position, suspended, or terminated for the same conduct that is the basis of the felony. An employee may not appeal to the state personnel board of review any disciplinary action taken by an appointing authority as a result of the employee's conviction of a felony.

(2) A person convicted of a felony immediately forfeits the person's status as a classified employee at the university on and after the date of conviction for the felony. The university, upon the person's request, may investigate the circumstances of the felony and may, at its discretion, allow the person to apply or reapply for university employment.

(3) Any person terminated for a conviction of a felony is entitled to a cash payment for any accrued but unused vacation leave.

(F) An employee terminated from university employment may be ineligible for reemployment with the university.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15

Chapter 3335-79 Sick Leave

Ohio Adm.Code 3335-79-01 Crediting of sick leave.

Sick leave credit accrues at the rate of 4.6 hours for each eighty hours of service. Sick time accrues during hours worked and paid absences. It does not accrue during unpaid time off. Employees in part-time, seasonal, and temporary positions accrue sick leave at the same rate.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-02 Retention of sick leave.

An employee who transfers from another Ohio public agency to the university or who has prior service with an Ohio public agency shall upon employment with the university be credited with all sick leave not used or converted to a cash benefit, provided that such reemployment takes place within ten years of the date of which the employee was last employed in public service.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-03 Expiration of sick leave.

An employee may be either granted unpaid leave in accordance with rule 3335-73-01 of the Administrative Code, or the university may pursue disability separation of the employee in accordance with rule 3335-73-04 of the Administrative Code prior to the expiration of earned sick leave.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-73-01

(A) The university may grant unpaid leave to a classified civil service employee. Such leave may be for personal or medical reasons for up to a maximum of six months, however, the six months may be extended at the discretion of the university.

(B) An unpaid medical leave must comply with the following provisions:

(1) Medical reasons may include, but not be limited to, the employee's own injury, illness, other medical condition, or when an employee becomes incapacitated to the extent that the employee is unable to perform the essential duties of the position.

(2) The employee must state a date by which the employee will return to work. If no date of return can be stated by the employee or if the need for leave continues beyond approved family and medical leave, the university may place the employee on disability separation pursuant to this chapter.

(3) Appropriate medical documentation must be submitted from a licensed practitioner when applying for unpaid leave.

(C) Upon completion of such unpaid leave, the employee shall return to the same or similar position of employment. If the unpaid leave was for medical reasons, appropriate medical documentation from a licensed practitioner may be required to verify that the employee has been released to return to work. The employee may return to service prior to the originally scheduled expiration of the unpaid leave, if the earlier return is agreed to by both employee and university.

(D) Failure to return to service within three working days of the completion or valid cancellation of an unpaid leave without explanation to the appointing authority will constitute job abandonment and is cause for termination of employment. An employee who fails to return to service from an unpaid leave and is subsequently terminated or voluntarily resigns from the service is deemed to have a termination date corresponding to the starting date of the unpaid leave.

(E) If it is determined that the unpaid leave is not being used for the purpose for which it was granted, the university may cancel the unpaid leave and direct the employee to return to work by giving written notice by regular mail to the employee. The employee shall be subject to disciplinary action up to and including termination for any misuse of the unpaid leave.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-04 Charging of sick leave.

Sick leave shall be charged in minimum units of one-tenth hour. An employee shall be charged for sick leave only for days upon which the employee otherwise would have been scheduled to work. Sick leave payment shall not exceed the normal scheduled work day or work week earnings.

History

  • Effective: July 1, 2001
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-05 Uses of sick leave.

(A) Sick leave shall be granted to an employee upon approval of the appropriate administrative official and for the following reasons:

(1) Illness or injury of the employee or a member of the employee's immediate or extended family;

(2) Death of a member of the immediate or extended family member or non-extended or non-immediate family members. Sick leave usage limited to the following:

(a) Immediate family member, up to five working days or forty hours (one week) continuously or intermittently. Employees are eligible for an additional five working days or forty hours (one week) subject to approval based on operational needs);

(b) Extended family member, up to five working days or forty hours, continuously or intermittently;

(c) Non-immediate or non-extended family member, one day for funeral attendance (subject to departmental approval).

(3) Medical, psychological, dental, or optical examination or treatment of employee or a member of the employee's immediate family;

(4) If a member of the immediate family is afflicted with a contagious disease or requires the care and attendance of the employee; or when through exposure to a contagious disease, the presence of the employee at the job would jeopardize the health of others; or

(5) Pregnancy and/or childbirth and related conditions.

(6) Any other reason as documented in the university's policies.

(B) An employee who becomes eligible for workers' compensation payment for loss of time may choose to use sick leave before such payments are made. An employee who wishes not to use sick leave to cover such loss of time must request an unpaid leave.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-06 Documentation required for use of sick leave.

If medical attention is required, a certificate from a licensed practitioner stating the nature of the illness may be required for the use of sick leave. Falsification of sick leave documentation is grounds for disciplinary action up to and including termination.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-07 Notification by employee.

When an employee is unable to report to work, the employee shall notify the person designated by the university within the time frame established by the university, unless emergency conditions make such notification impossible. The requirement for subsequent notification will be governed by the nature of the circumstances and the requirements established by the university.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-08 Employee medical or psychological examination.

(A) The university may require an employee to take a medical and/or psychological, and/or functional capacity examination, conducted by a licensed practitioner selected by the university, to determine the physical and/or mental capability to perform the essential duties of the employee's position. The university may supply the examining practitioner with facts relating to the employee's difficulty or inability to perform the essential functions of the job and may supply additional information including but not limited to physical and mental requirements of the employee's position, duty statements, job classification specifications, and position descriptions. The university shall pay for the examination.

(B) An employee's refusal to submit to an examination, the unexcused failure to appear for an examination, or the refusal to release the results of an examination amounts to insubordination, and may subject the employee to disciplinary action up to and including termination.

(C) If found unable to perform the essential duties of the position, the employee may be placed on sick leave, or unpaid leave, or the university may pursue a disability separation of the employee.

(D) Medical and psychological reports shall be maintained as confidential records to the extent allowable pursuant to section 149.43 of the Revised Code and Chapter 1347. of the Revised Code.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-09 Sick leave compliance.

Employees failing to comply with sick leave rules set forth in Chapter 3335-79 of the Administrative Code shall not be paid for such absences. Application for sick leave with the intent to defraud shall result in termination and refund to the university of salary or wages paid during such sick leave.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-10 Retirement payout of sick leave.

(A) Upon retirement from active university service after ten or more years of combined service with the university, state of Ohio, or any of its political sub-divisions, an employee may choose to be paid for one-fourth of the accrued unused sick leave credit up to a maximum payment of two hundred forty hours. This payment shall be based upon the employee's rate of pay at the time of retirement. Upon accepting such payment, all sick leave credit accrued up to that time shall be eliminated.

(B) Payout of sick leave shall be made only once to any employee. An employee who returns to Ohio or university service after retiring and receiving a sick leave payout may accrue and use sick leave as before, but may not subsequently convert the unused sick leave into another payout.

(C) Sick leave conversion does not apply to any termination or separation other than retirement, except as provided in rule 3335-79-11 of the Administrative Code.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-11

(A) If an employee dies while actively employed by the university, and had ten or more years of state of Ohio or any of its political subdivisions and/or university service, payment for one fourth of the accrued unused sick leave up to a maximum payment of two hundred forty hours shall be made. This payment shall be based upon the employee's rate of pay at the time of death.

(B) Payment shall be made in accordance with testamentary letters or letters of administration submitted to the office of human resources. In the event such documents do not exist, the university may make payment in accordance with section 2113.04 of the Revised Code.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-79-12 Payout of sick leave in other situations.

The highest administrative official directly overseeing the office of vice president of human resources may establish or approve sick leave payout programs in addition to any other programs defined in this chapter, at his or her discretion.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15

Chapter 3335-81 Layoff or Displacement

Ohio Adm.Code 3335-81-01 Reduction in work force.

Should a reduction in the work force become necessary due to lack of funds, lack of work, reasons of economy, or reorganization for efficiency; the office of human resources shall lay off employees and/or abolish positions. The reductions of a position appointment to .75 full time equivalency or greater shall not be considered a reduction in force. The office of human resources shall determine in which classification or classifications layoffs shall occur and the number of employees to be laid off within each classification. Before abolishments are implemented, a statement of rationale and supporting documentation shall be reviewed, and approved, and on file with the office of human resources.

Last updated September 20, 2022 at 8:59 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-02 Reasons of economy or lack of work.

(A) The university shall determine:

(1) Whether a current or projected deficiency in necessary funds exists to maintain current or to sustain projected levels of staffing and operations; or

(2) Whether a lack of work exists or is projected to result in excessive current or projected staffing levels.

In the event that the university determines such a lack of funds or lack of work exists, the office of human resources shall be notified of such shortages, of the college or unit in which such shortage exists or is projected, and of the amount of current or projected funds or work lacking.

(B) Upon the approval of the office of human resources, employees may be laid off for reasons of economy or lack of work. Before such layoffs, a rationale and supporting documentation shall be prepared following the procedures outlined in the human resources policy. The rationale and supporting documentation shall be retained by the office of human resources.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-03 Abolishment of positions.

(A) The office of human resources, in response to documentation from the appropriate college or unit, shall approve what positions will be abolished using the following criteria:

(1) Positions will be selected based on the needs of the department; and

(2) Employees will be selected first based on certification status, and then by a review of the following elements: skills and abilities applicable to the department's needs, documented performance, and length of OSU employment. Employees who are in a probationary period for a first position and not certified in any classified civil service title shall be automatically laid off.

(B) If a unit abolishes more than one position within the same classification, the employee shall have the opportunity to discuss the rationale for the reduction of the employee's position with the supervisor and the human resource representative.

(C) In cases of reorganization the department shall develop a written plan as required by the office of human resources.

(D) Employees may be laid off as a result of the abolishment of a position or positions, provided that the office of human resources shall, in such layoff, follow the procedures applicable to the layoff of employees as set forth in this chapter and the human resources policy.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-04 Order of layoff.

The order of any layoff shall be determined first by certification status, then by a review of the following elements: skills and abilities applicable to the department's needs, documented performance, and length of OSU employment.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-05 Displacement procedures.

(A) An employee whose position was abolished and elects to exercise displacement shall be placed in accordance with the process outlined in paragraph (B) of this rule provided in all instances that the employee meets the qualifications of the position, can perform the required duties, and has met expectations in the last two annual performance reviews. Employees who have not met performance expectations in the last two annual performance reviews and who have been given expectations for improvement or who cannot perform the required functions of the position into which they would be placed do not have displacement rights.

(B) The process will occur as follows:

(1) Placement into a vacancy within the employee's classification and within the employee's jurisdiction.

(2) Placement into a vacancy within the next lower classification and each successively lower classification in the employee's classification series.

(3) Placement into a vacancy within the classification the employee held immediately prior to holding the classification from which the employee was laid off, provided all of the following are true:

(a) That the previous classification is of a lower or equivalent classification;

(b) The employee had achieved certified status in the former classification; and

(c) The employee held the classification within the previous twelve months.

(4) If a vacancy exists as described in this rule, but the employee does not meet the minimum qualifications, has not met performance expectations, or cannot perform the required functions of the vacancy, as determined by the office of human resources, the employee will be laid off.

(5) If no vacancy exists as described in this rule, the employee will displace the individual with the fewest retention points in the classification from which they were laid off. The placement will be made only if the employee meets the qualifications of the position and can perform the required duties. If the employee does not meet both of these requirements, the employee will be laid off.

(6) If the employee is unable to displace due to having the fewest retention points in the classification from which they were laid off, then the employee will be laid off.

(C) If, after exercising displacement, an employee is subject to further layoff action, displacement shall be in accordance with the current or most recent certified classification, at the discretion of the office of human resources.

(D) Employees shall notify the office of human resources of their intention to exercise displacement within ten days after receipt of notice of layoff.

(E) No employee shall displace another employee or fill a vacancy if the position requires special minimum qualifications, as established by a position description, classification specifications, or by bona fide occupation qualifications, unless the employee possesses the requisite minimum qualifications for the position and can perform the required duties.

(F) If, as a result of layoff, placement or displacement, an employee is serving in a new position or classification, such employee shall be paid according to the target hiring range assigned to the new position or classification.

(G) If an employee declines placement into a vacant position for any reason, their displacement and reinstatement rights cease immediately; this provision may be waived at the discretion of the office of human resources.

(H) If for any reason an employee declines to exercise their displacement rights into a position to which they are entitled, their displacement and reinstatement rights cease immediately.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-06 Retention points.

(A) When more than one employee is within the same classification and the same jurisdiction, and they are all subject to a layoff or displacement, the university shall compute retention points for each employee in the classification that is within the jurisdiction of the abolishments.

(B) Each employee shall be assigned retention points for length of continuous service by awarding one retention point for each five hundred twenty hours (excluding overtime hours) of continuous service.

(C) In the event two or more employees have identical retention points as computed by this rule, the employee having the shortest period of continuous service shall be laid off or displaced first. If two or more employees have identical retention points and identical dates of continuous service from which no break in service has occurred, the office of human resources shall determine the order of layoff by using a reasonable basis for such determination to include skills and abilities applicable to the department's needs and documented performance.

(D) "Continuous service" is that service unbroken by a resignation or termination from the university. Continuous service for the purposes of retention points includes:

(1) When an employee is reinstated after a resignation or termination to the same position within twelve months, full credit for continuous service shall be given for the periods of actual employment;

(2) An authorized unpaid leave does not constitute a break in service, and continuous service retention points shall continue to accumulate during the term of an unpaid leave provided the employee returns to the university following the leave;

(3) When a laid off employee is reinstated or reemployed within twelve months from the date of layoff, the employee shall accrue continuous service retention points during the time spent on layoff and continuous service shall remain unbroken; and

(4) A disability separation does not constitute a break in service. However, continuous service retention points shall not accumulate during the period of separation.

(E) Service as a student employee, graduate associate or temporary employee shall not be credited as service for purposes of determining continuous service retention points.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-07 Jurisdiction.

(A) The order of layoff and displacement shall apply within layoff jurisdictions. Each of the layoff jurisdictions, as defined in this rule, is autonomous, and layoff, displacement, reinstatement, and reemployment procedures shall apply only within the jurisdiction affected by the layoff.

(B) Layoff jurisdictions at the Ohio state university are as follows:

(1) Columbus campus each college and unit as defined by university human resources policy are separate jurisdictions;

(2) Columbus campus medical center as defined by university human resources policy are separate jurisdications;

(3) Lima campus;

(4) Ohio agricultural research and development center and agricultural technical institute;

(5) Marion campus;

(6) Mansfield campus;

(7) Newark campus;

(8) Units located outside of Columbus in a county where a regional campus is located are part of that jurisdiction, otherwise, the jurisdiction is limited to that county only; and

(9) Units located outside of Ohio are each their own jurisdictions.

Last updated September 20, 2022 at 8:59 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-08 Notice of layoff and displacement.

(A) The university shall give advance written notice of layoff or displacement to each employee subject to such layoff or displacement. Such written notification shall be issued by the office of human resources and hand delivered to the employee by the employee's supervisor and the unit's human resource representative or human resource designee at work or mailed by certified mail to the last address on file with the college or unit. If the notification is hand delivered, it shall be given at least thirty calendar days before layoff. If the notification is mailed, it shall be mailed in order for the employee to receive the notification no earlier than thirty calendar days before the layoff begins.

(B) Each notice of layoff or displacement shall contain the following information as applicable to the individual situation:

(1) The reason for layoff or displacement;

(2) The effective date of layoff or displacement as follows:

(a) If the employee chooses displacement and a vacancy exists, the effective date is within a reasonable period of time to allow for a move to the position, not to exceed thirty days;

(b) If the employee chooses displacement and no vacancy exists, the effective date of the displacement or layoff shall be no earlier than thirty days;

(3) The employee's retention points as computed pursuant to this chapter;

(4) The employee's option to appeal to the state personnel board of review and the time within which to file an appeal;

(5) A statement advising the employee of the displacement procedures and the length of time within which the employee may displace another employee;

(6) A statement advising the employee of the reinstatement procedures;

(7) Any additional information with respect to the limits of the applicable layoff jurisdiction of the employee as specified by rule 3335-81-07 of the Administrative Code and university human resources policy;

(8) A copy of the displacement and/or reinstatement procedures and/or office of human resources web site address with this information;

(9) In cases of multiple reductions in the same unit and in the same classification, a specific date the employee has the opportunity to discuss the rationale for the reduction of the employee's position with their supervisor and human resource representative.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-09 Reinstatement.

(A) Certified employees who are laid off from the university can exercise their reinstatement rights within their jurisdiction by written notification to the office of human resources if a position is posted in the classification from which they were laid off. Employees applying for reinstatement must possess the requisite minimum qualifications and must be able to perform the required duties of the position. If one or more employees indicates reinstatement interest in a position, the employing unit shall consider skills and abilities applicable to the employing unit's needs and documented performance.

(B) An employee may exercise reinstatement rights for twelve months beginning from the layoff effective date. During this twelve month period, jurisdictional units may not hire or promote into any classification for which a laid off employee has indicated an interest in reinstatement; this does not apply to reclassifications. Reinstatement is contingent upon successful preemployment screening.

(C) A laid off employee must notify the office of human resources of their reinstatement interest before the posting end date.

(D) An affected employee's reinstatement rights shall cease immediately upon the earliest of:

(1) Securing another OSU position;

(2) Retiring from the university;

(3) Refusing a reinstatement position;

(4) At the end of twelve months following the layoff effective date; or

(5) After the date the employee is eligible to retire based upon service

(E) In the event that the university offers a severance benefit, and the employee accepts the benefit, reinstatement rights shall cease.

(F) Unsuccessful completion of any preemployment screening for a specific reinstatement position will result in denial for the position. An additional reinstatement opportunity may be granted at the discretion of the office of human resources.

(G) Employees who have completed their probationary periods at the time of layoff are not required to serve probationary periods when they are reinstated to the same classification.

(H) Employees who are certified in a classification and are serving a probationary period in a new classification at the time of layoff must serve a new probationary period upon reinstatement.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-10 Appeal of layoff or displacement.

An employee may file a written appeal of layoff or displacement with the state personnel board of review. Such appeal must be filed or postmarked no later than ten days after the employee receives notice of the layoff or receives notice that another employee has exercised the displacement procedures for the aggrieved employee's position.

History

  • Effective: June 22, 1997
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-11 Holiday, overtime and vacation payment.

Payment for earned but unused vacation, and any overtime and/or compensatory time will be issued in accordance with university human resources policies. However, when a specific return to work date has been established and upon request from the employee, vacation and compensatory time due will not be paid unless required by law. In instances of job abolishment when no return to work is anticipated, all vacation, holiday pay and overtime must be paid out at the time of the layoff.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-12 Layoff during leave.

(A) Employees on any type of leave may be laid off or displaced as any other employee and retain their ability to be reinstated.

(B) An employee who is laid off during a leave will have their reinstatement time limit postponed until the regular return date from the leave, not to exceed eighteen months from the original layoff effective date.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-13 Alternatives to layoff during a disaster.

If a disaster or furlough occurs as contemplated under university human resources policy, the university may, at its discretion, find alternatives to layoff. Such alternatives may include but not be limited to, providing compensation at a different rate of base pay or reducing an employee's work schedule.

Last updated September 20, 2022 at 8:59 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15

Chapter 3335-83 Compensation and Ranges

Ohio Adm.Code 3335-83-01 Pay ranges and payroll.

(A) The university shall, through the office of human resources, set the pay ranges for the classification plan. The office of human resources shall make the pay ranges for classifications available to employees.

(B) The office of human resources assigns pay ranges to all new or revised classifications.

(C) The university determines the number of pay periods for each year.

Last updated September 20, 2022 at 9:00 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-83-02 Pay supplements and shift differentials.

The university may establish policies governing all types of compensation, including and not limited to pay supplements, shift differentials, and merit pay increases.

History

  • Effective: June 1, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-83-03 Call-back pay.

(A) Each full-time non-exempt employee who is ordered back to work by the university after the employee's normal work schedule is completed, and who reports for such work, is eligible for call-back pay.

(B) Those hours worked immediately preceding or directly continuing the employee's regular work schedule shall not be considered for call-back pay.

(C) An employee entitled to call-back pay receives the greater of four hours of regular hourly pay or one and one-half times the regular hourly pay for the time actually worked.

History

  • Effective: June 22, 1997
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-83-04 Temporary pay adjustment.

(A) An employee who is temporarily assigned to duties of a position with increased job responsibilities, scope, and impact, as evidenced by job title and or pay range is eligible for an interim allowance of a minimum of five per cent above the employee's current pay rate, which increases the employee's regular base rate of pay to the greater of:

(1) The classification salary base rate of pay of the higher level position; or

(2) Five per cent above the employee's regular base rate of pay.

(B) This interim allowance shall be for a minimum of two weeks and a maximum of one hundred eighty days, except when made necessary by reason of sickness or disability of a regular employee, when the adjustment may continue for the length of sickness or disability.

(C) Compensation must approve unit requests to extend interim allowances that exceed one hundred eighty days when a unit has not filled a vacancy within that period of time.

Last updated September 20, 2022 at 9:00 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-83-05 Overtime compensation.

(A) Non-exempt staff will be paid overtime compensation when they work more than forty hours in a work week. The calculation of hours worked includes holiday benefit pay.

(B) The calculation of hours worked excludes paid time off hours such as sick time off, vacation time off, and compensatory time off.

(C) Holiday premium pay hours will count toward the calculation of overtime eligibility and will be used to offset any holiday benefit pay hours used in the calculation of overtime.

(D) Pay for hours worked in excess of forty in a work week will be paid at a rate of time and one-half the regular rate of pay.

(E) An authorized administrative authority has sole authority for determining when overtime hours are required to complete work. The determination will be based on operational needs. The administrative authority may first seek volunteers to perform the overtime work before requesting or directing non-exempt staff to work overtime.

(F) An authorized administrative authority must authorize non-exempt staff who work over forty hours per week to receive overtime pay.

(G) Non-exempt staff who work overtime without receiving prior authorization or approval from an authorized administrative authority approval to do so may be subject to corrective action.

(H) Employees in intermittent positions are eligible for overtime.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-83-06 Compensatory time.

An authorized administrative authority has the discretion to determine whether a non-exempt employee may elect to earn compensatory time in lieu of overtime pay. When offered the choice, a non-exempt employee may elect to earn compensatory time in lieu of overtime pay.

(A) An authorized administrative authority may require a non-exempt employee to designate whether they want to earn compensatory time or overtime compensation prior to being approved to perform the work. When a nonexempt employee designates compensatory time and works overtime, the authorized administrative authority must approve the compensatory time election.

(B) Such compensatory time shall be granted by the authorized administrative authority on a time and one-half basis and at a time mutually agreed upon by the non-exempt employee and the authorized administrative authority.

(C) A non-exempt employee may not maintain more than two hundred forty hours of compensatory time. Earned compensatory time must be used within three hundred sixty-five days from the day it was earned. Any earned compensatory time that is not used within three hundred sixty-five days will be paid out on a regular paycheck.

(D) A non-exempt employee who reaches the maximum two hundred forty accrued hours of compensatory time will be paid for any hours that exceed that maximum in the pay period following the pay period in which the maximum was reached.

(E) Unused compensatory time will be paid at the employee's current base hourly rate of pay in the following circumstances:

(1) If not taken within three hundred sixty-five days of being earned; or

(2) Upon job transfer, in which case the unit from which the employee is transferring holds the financial responsibility for the pay out to the employee; or

(3) Upon moving from a non-exempt position to an exempt position; or

(4) Upon separation from employment.

History

  • Effective: December 20, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-83-07 Holiday compensation.

(A) Classified civil service employees shall receive holiday pay for holidays observed by the university and shall not be required to work on those holidays, unless failure to work on such holidays would impair department service.

(B) Employees must receive paid time during the week that includes a holiday to receive holiday benefit pay.

(C) At no time will employees receive more than eight hours of holiday benefit pay, regardless of schedule.

(D) Holiday benefit pay for eligible full-time employees is equal to an employee's full-time equivalency (FTE) multiplied by eight hours.

(E) Holiday benefit pay for employees whose work schedule is less than forty hours per week will be either the employee's FTE multiplied by eight hours or by the number of hours the employee would normally be scheduled to work on that holiday, whichever is greater.

(F) Employees may have adjustments made to their schedules during holiday weeks at the discretion of their department.

(G) Non-exempt full-time employees who work on a holiday premium pay date will receive holiday premium pay of one and one-half times the base rate of pay multiplied by the number of hours worked. Employees have the option of electing compensatory time.

(H) Non-exempt employees whose work schedule is less than forty hours per week and who work on a holiday premium pay date will receive holiday premium pay.

(I) Non-exempt employees in intermittent positions who work on a holiday premium pay date will receive holiday premium pay.

(J) The university may establish holiday compensation and premium pay programs that supersede any other program defined in this section, at its discretion. When such programs are established, the university shall provide notice to all affected employees.

Last updated September 20, 2022 at 9:00 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15

Chapter 3335-89 Definitions

Ohio Adm.Code 3335-89-01 Definition of terms.

For the purposes of Chapters 3335-49 to 3335-89 of the Administrative Code, the following terms are defined as follows:

(A) "Abolishment" - the elimination of a position due to lack of funds, lack of work, reasons of economy, or a reorganization for efficiency.

(B) "Appointing authority" - the board of trustees for the university has delegated its authority regarding civil service employment matters to the highest administrative official directly overseeing the office of human resources, or their designee.

(C) "Audit" - may occur to determine whether an incumbent employee is performing duties associated with their classification, or whether the employee has begun to perform duties associated with another classification.

(D) "Base rate of pay" - the actual salary or wage an employee receives for services rendered within the pay range of the classification. It does not include benefits, shift differential, additional compensation, or other forms of compensation.

(E) "Certified status" - a classified civil service status obtained for a specific classification upon satisfactory completion of the applicable probationary period or, when there is no probationary period, upon completion of one hundred eighty days in the specific classification with satisfactory performance.

(F) "Classification" - common name for a group of positions sufficiently related with respect to duties, responsibilities, authority and qualifications so that the same descriptive classification title and same pay range may be used for each.

(G) "Classification plan" - a system of classifications or series of jobs, with a specification and pay range assignment for each classification.

(H) "Classified civil service" - all positions identified as classified civil service positions, and within the Ohio state university's classified civil service job families, and available to employees. Any position not included in this group is not classified civil service.

(I) "Day" - unless otherwise specified, "day" means one calendar day.

(J) "Demotion" - placement of an employee in a classification which has decreased job responsibilities, scope, and impact as evidenced by job title and/or pay range.

(K) "Displace" or "displacement" - the exercise of the procedures outlined in Chapter 3335-81 of the Administrative Code.

(L) "Extended family member" - any one of the following: sister, brother, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparent-in-law, grandchild-in-law, or corresponding relatives of the employee's domestic partner, and any other family members as defined within human resources policies.

(M) "First position" - an individual's first classified civil service position with the university.

(N) "For cause" - a type of termination from employment for one or more of the following reasons: incompetency, inefficiency, dishonesty, use or being under the influence of alcohol or illegal drugs at work or inappropriate use of prescription drugs, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of university rules or policies, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony.

(O) "Full-time equivalency ("FTE")" - an employee's assigned hours per work week divided by forty.

(P) "Immediate family member" - any one of the following:

(1) Spouse or domestic partner;

(2) Biological, adoptive, step, or foster parent;

(3) Individual who stood in loco parentis to an employee when the employee was a child; and

(4) Biological, adopted, step, or foster child; a legal ward; or a child of a person standing in loco parentis.

(Q) "Intermittent position" - a position in which the employee serves at the discretion of the appointing authority, is not eligible to obtain certification and works irregular hours or days on an as-needed basis. The employee must work less than fifty per cent FTE over the course of any twelve month period.

(R) "Jurisdiction" - the limited location in which procedures for layoff, displacement, and reinstatement may be exercised. Jurisdictions are:

(1) Columbus campus - each college and unit as defined by the layoff jurisdictions list;

(2) Columbus campus - medical center, as defined by the layoff jurisdictions list;

(3) Lima campus;

(4) Ohio agricultural research and development center and agricultural technical institute;

(5) Marion campus;

(6) Mansfield campus;

(7) Newark campus;

(8) Units located outside of Columbus in a county where a regional campus is located are part of that jurisdiction, otherwise, the jurisdiction is limited to that county only; and

(9) Units located outside of Ohio are each their own jurisdictions (rule 3335-81-07 of the Administrative Code).

(S) "Lack of funds" - a term specific to position abolishments. It is a current or projected deficiency of funding to maintain current, or to sustain projected, levels of staffing and operations. A lack of funds shall be presumed for a position assigned to an employee who works under a grant if it is reduced or withdrawn.

(T) "Lack of work' - a term specific to position abolishments. It is a current or projected decrease in workload that requires a reduction of current or projected staffing levels in the organization or its structure.

(U) "Licensed practitioner" - a physician, psychiatrist, or psychologist who is licensed to perform medical or psychological examinations.

(V) "Non-immediate/non-extended family member" - one who is not an immediate or extended family member, as defined in this chapter.

(W) "Part-time employment" - employment when the work schedule is normally less than forty hours per week.

(X) "Pay range: - a range of pay, with an identified minimum and a maximum that is assigned to a classification.

(Y) "Position" - requires the performance of certain duties and responsibilities, which are consistent with the classification, but which may vary based on the work location where the duties are performed.

(Z) "Preemployment screening" - process of collecting information about individuals to assess job qualifications or fitness for duty. Specific examples include background checks, and drug tests, among others.

(AA) "Probationary period" - a period of time that constitutes a trial or testing period for a classified employee, during which the employee may be terminated or returned to the former classification. It begins:

(1) When a classified employee is hired;

(2) When a classified employee receives a promotion;

(3) When a classified employee makes a lateral change from one classification to another.

(BB) "Promotion" - placement of an employee in a classification which has increased job responsibilities, scope, and impact, as evidenced by job title and/or pay range than that previously held.

(CC) "Reassignment" - an involuntary temporary or permanent move of employment within the same classification.

(DD) "Reclassification" - occures when the job classification of an existing position is changed to a higher, lower, or lateral job classification.

(EE) "Reduction in force" - a decrease in the number of positions at the university's initiative due to a lack of funds, lack of work, reasons of economy, or reorganization for efficiency.

(FF) "Regular position" - an employment relationship between the university and the employee that is intended to be ongoing, subject to the needs of the appointing authority and to the employee meeting job performance standards.

(GG) "Regular rate of pay" - the university adheres to the definition of regular rate of pay under the Fair Labor Standards Act, 29 CFR 207, regular rate of pay includes the base rate, shift and weekend differentials, and non-discretionary bonuses earned during the workweek.

(HH) "Reinstatement" - the act of returning a former employee to the same or similar position within the university classified civil service, following a period of not more than one year of separation; or not more than two years in cases of disability separation.

(II) "Reorganization for efficiency" - current or projected decrease in workload that requires a reduction of current or projected staffing levels in an organizational structure; change in the nature of the work or direction or purpose of the unit; or elimination of a unit.

(JJ) "Seasonal position" - a position in which the service recurs for a specified period of time during a particular time of the year.

(KK) "Specification" - a composite of the duties and requirements of a classification.

(LL) "Temporary position" - a position for which the employment relationship between the university and the employee is intended for a specific, designated period of time not to exceed twelve months. The employee serves at the discretion of the appointing authority, is not eligible for certification.

(MM) "Termination" - the involuntary ending of an employee's employment with the university.

(NN) "Transfer" - occurs when an employee applies for a different position and is selected for the position.

(OO) "Unpaid leave" - a period of time when an employee is not working, and their absence from work is not covered by another university leave or time off program, but the employee is generally retaining employment status and seniority.

Last updated September 20, 2022 at 9:02 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-81-07

(A) The order of layoff and displacement shall apply within layoff jurisdictions. Each of the layoff jurisdictions, as defined in this rule, is autonomous, and layoff, displacement, reinstatement, and reemployment procedures shall apply only within the jurisdiction affected by the layoff.

(B) Layoff jurisdictions at the Ohio state university are as follows:

(1) Columbus campus each college and unit as defined by university human resources policy are separate jurisdictions;

(2) Columbus campus medical center as defined by university human resources policy are separate jurisdications;

(3) Lima campus;

(4) Ohio agricultural research and development center and agricultural technical institute;

(5) Marion campus;

(6) Mansfield campus;

(7) Newark campus;

(8) Units located outside of Columbus in a county where a regional campus is located are part of that jurisdiction, otherwise, the jurisdiction is limited to that county only; and

(9) Units located outside of Ohio are each their own jurisdictions.

Last updated September 20, 2022 at 8:59 AM

History

  • Effective: September 19, 2022
  • Promulgated Under: 111.15

Chapter 3335-93 University Wexner Medical Center

Ohio Adm.Code 3335-93-01 The Ohio state university Wexner medical center board.

(A) The Ohio state university Wexner medical center board ("University Wexner Medical Center Board") shall be the governing body responsible to the Ohio state university board of trustees ("University Board of Trustees") for operation, oversight, and coordination of the Ohio state university Wexner medical center consisting of the Ohio state university hospitals, (Ohio state university hospital, Ohio state university hospital east, Ohio state Richard M. Ross heart hospital, Ohio state Harding hospital, Ohio state brain and spine hospital, and Ohio state university rehabilitation services at Dodd hall) and the Ohio state James cancer hospital and Solove research institute ("The James") and other such clinical health care enterprises, including without limitation to ambulatory services and outpatient health care facilities, clinics, the faculty group practice, primary and specialty practices, university Wexner medical center signature programs, and clinical laboratories.

Although the Ohio state university board of trustees has the fiduciary and legal responsibility for the Wexner medical center, the Ohio state university board of trustees acknowledges the important contributions and role of the Wexner medical center board. The complexity and scope of the Wexner medical center makes the focused oversight of the Wexner medical center board particularly helpful to the Ohio state university board of trustees. To assure clarity of roles and maximize the benefit of this structure, the Wexner medical center board shall be responsible for providing input and recommendations regarding the development and strategic allocation of resources, planning and delivery of medical services, and such other powers and duties as detailed in rule 3335-93-02 of the Administrative Code, subject to the ultimate authority of the university board of trustees.

(B) The university Wexner medical center board shall be composed of up to twenty-two voting members:

(1) Up to six members of the university board of trustees, including one student trustee, appointed annually by the chair of the university board of trustees and ratified by the university board of trustees;

(2) Up to eleven public members appointed annually by the chair of the university board of trustees in consultation with the university president, the chair of the Wexner medical center board, the executive vice president and chief executive officer and the chair of the university board of trustees' governance committee and ratified by the university board of trustees; and

(3) Five ex-officio voting members consisting of:

(a) The chair of the university board of trustees;

(b) The university president;

(c) The executive vice president and chief executive officer;

(d) The university senior vice president and chief financial officer; and

(e) The university executive vice president and provost.

(C) The selection criteria for public members shall ensure that the university Wexner medical center board membership will include persons with a broad array of skill sets, perspectives, backgrounds, including knowledge in health care delivery, sophisticated business expertise, prior board service, and/or persons who can assist the university Wexner medical center in its outreach to and relationships with the public, communities, and patients served, and governmental entities to ensure optimal operations and advancement of the university Wexner medical center's strategic mission, vision, and goals. Membership shall be national in scope and the selection processes shall incorporate the diversity policies of the university.

Last updated June 2, 2026 at 10:05 AM

History

  • Effective: June 2, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-02

The university board of trustees retains its ultimate sovereign power and authority over and fiduciary responsibility for all aspects of the mission and operations of the university Wexner medical center, health sciences colleges, and clinical health care enterprises.

Under the ultimate authority of the university board of trustees and consistent with Ohio law, the university board of trustees authorizes and designates the university Wexner medical center board to act as a governing body on behalf of the university for certain quality and patient care matters, for all of the hospitals and clinics of the university. In accordance with that responsibility, as authorized by the university board of trustees, the university Wexner medical center board will be responsible for the following:

(A) Assuring the quality of patient care throughout the university Wexner medical center, including the planning and delivery of patient services and formation of quality assessments, improvement mechanisms and monitoring the achievement of quality standards and patient safety goals;

(B) Oversight for the purposes of accreditation and licensure; and

(C) Approval of clinical privileging forms, medical and dental staff appointments, clinical privileges, medical staff operations, including the approval, adoption, and amendment of medical staff bylaws and rules and regulations, and the conducting of peer review and professional review actions for medical staff and credentialed providers within university board of trustees-defined and approved parameters.

Any action taken by the board pursuant to the powers and duties as defined in paragraphs (A) to (C) of this rule shall be taken only by the voting, non-public members and approved by majority vote thereof.

(D) In addition, in accordance with that authority and responsibility authorized by the university board of trustees, and consistent with Ohio law, the university Wexner medical center board shall serve in a consultative role and shall be responsible for, subject to the review and approval of the university board of trustees, the following:

(1) Making recommendations to the university board of trustees, university president, and executive vice president and chief executive officer for the Wexner medical center regarding the development and strategic allocations of resources of the university Wexner medical center, including operations, fiscal health, space and facilities management and utilization, personnel, safety and security, and technology;

(2) Oversight of extramural affiliations, partnerships, operating agreements, and strategic business opportunities as approved by the university board of trustees, with regard to the university Wexner medical center and its affiliated entities;

(3) Upon recommendation by the medical staff of university hospitals or the medical staff of the James, approval of medical staff bylaws amendments and recommendation thereof to the university board of trustees;

(4) Making recommendations for approval to the university board of trustees of the purpose and governance documents of any organization established as an auxiliary service organization to the university Wexner medical center;

(5) Monitoring and assisting the university Wexner medical center in its relationship with the public, affected communities, governmental entities, and public and private organizations;

(6) Monitoring the university Wexner medical center integrity and compliance programs as adopted by the university board of trustees;

(7) Reviewing strategic plans, capital and operating budgets of the university Wexner medical center, and making recommendations for approval to the university board of trustees, university president, and executive vice president and chief executive officer for the Wexner medical center;

(8) Providing general advice and guidance to the university board of trustees, university president, and executive vice president and chief executive officer for the Wexner medical center regarding extramural affiliations, operating agreements and other strategic business opportunities of the university Wexner medical center; and

(9) Advising the university board of trustees, university president, and executive vice president and chief executive officer for the Wexner medical center regarding strategic aspects the university's education and research programs in the health sciences colleges.

Last updated December 14, 2022 at 8:38 AM

History

  • Effective: December 14, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-03 Relationship of the university Wexner medical center board to the health sciences academic programs.

The health sciences schools and colleges of the university carry out a significant portion of their educational and research activity in facilities of the university Wexner medical center. The university board of trustees shall have exclusive governing authority over the academic and research programs of the university Wexner medical center, including the college of medicine, the planning, administration, and operations of the health sciences schools and colleges and all other educational and research institutes, centers, and programs. The university Wexner medical center board shall lend its best efforts to assure that the programs of the health sciences colleges are effectively supported in collaboration with the university Wexner medical center's patient care programs. The executive vice president and chief executive officer shall be charged with maintaining an effective liaison between the health sciences colleges and the university Wexner medical center board to assure excellence in both academic and patient care programs.

Last updated June 2, 2026 at 10:05 AM

History

  • Effective: June 2, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-04 Scope of role, accountability and reporting.

To ensure that the university board of trustees meets its governance obligations under all applicable laws and regulations, the university Wexner medical center board shall be accountable to the university board of trustees.

The chair of the Wexner medical center board or his/her designee shall present a comprehensive report annually to the university board of trustees at its fall meeting on the state of the Wexner medical center, including an assessment of quality of care, overall operations and finance, compliance, and strategic plans, as well as opportunities for the future.

Last updated June 2, 2026 at 10:06 AM

History

  • Effective: June 2, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-05 Meetings and notice.

(A) Board year. The board year shall be from May fourteenth to May thirteenth of each year to coincide with the terms of membership of the university board of trustees as articulated in section 3335.02 of the Revised Code.

(B) Regular meetings. Regular meetings of the university Wexner medical center board shall be held at least four times per year on a schedule established by the university board of trustees. The regular meetings shall be set and publically announced and/or at such other time or place as may be announced by the chair.

(C) Special meetings. Special meetings may be called at the discretion of the chair of the university Wexner medical center board, the university president, the executive vice president and chief executive officer for the Wexner medical center, or the chair of the university board of trustees, and shall be called by the chair at the request of three members of the university Wexner medical center board, provided that notice of any special meeting shall be given in accordance with Ohio law.

(D) Meetings of the university Wexner medical center board shall be conducted in accordance with the state laws of Ohio and open meetings laws, including, but not limited to, the production and maintenance of minutes for all proceedings of the university Wexner medical center board.

(E) Except as otherwise specified in these bylaws, all meetings of the university Wexner medical center board and its committees shall be conducted in accordance with the latest revision of "Robert's Rules of Order."

(F) All trustees are encouraged to attend meetings of the Wexner medical center board, whether they are members or not, to maximize effective and knowledgeable oversight by the university board of trustees. Trustees who are members of the Wexner medical center board shall represent the interests of both boards during their service.

Last updated December 14, 2022 at 8:39 AM

History

  • Effective: December 14, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-06 Quorum.

A majority of voting members, including at least three university trustees, shall constitute a quorum for the conducting of business at any meeting of the university Wexner medical center board. If quorum is present, a majority vote of those members present and voting, subject to these bylaws, shall be required for approval of actions by the university Wexner medical center board. If there is a vacancy in an ex-officio voting position of the university Wexner medical center board, that position shall not be included for the purposes of determining quorum for a meeting.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-07 Vacancies.

Whenever a vacancy occurs on the university Wexner medical center board, the chair of the university Wexner medical center board shall immediately notify the chair of the university board of trustees, the university president, and the executive vice president and chancellor for health affairs, so that the university board of trustees or the appropriate appointing authority identified in paragraph (B) of rule 3335-93-01 of the Administrative Code may appoint a new member as soon as possible to fill the unexpired term.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-08 Removal.

The university Wexner medical center board chair, in consultation with the chair of the university board of trustees, the chair of the university board of trustees talent, compensation and governance committee, the university president, and the executive vice president and chancellor for health affairs may recommend to the university board of trustees that a public member of the university Wexner medical center board be removed or suspended. The university board of trustees has sole authority to appoint and remove public members of the university Wexner medical center board.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-09 Indemnification of university Wexner medical center board members.

Members of the university Wexner medical center board shall be entitled to legal defense and indemnification against any claims or liabilities which might arise from the performance of their duties on behalf of the university Wexner medical center board to the full extent permitted by Ohio law.

History

  • Effective: October 4, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-10 Compensation of university Wexner medical center board and board committee members.

No university Wexner medical center board member shall receive compensation for services rendered in the capacity as a board member. However, nothing herein shall be construed to preclude any board member or committee member from receiving reimbursement for actual expenses incurred in the course of such service.

History

  • Effective: October 4, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-93-11 Confidentiality and conflicts of interest.

In addition to any applicable restrictions or obligations set forth in Chapter 102., section 2921.42 of the Revised Code and section 2921.43 of the Revised Code, which may apply to university trustees and ex-officio members of the university Wexner medical center board as employees of the university, all members of the university Wexner medical center board, including public members and the appointed members of any and all board committees have a duty of loyalty and fidelity to the university, and they must govern their affairs honestly, exercising their best care, skill and judgment for the benefit of the university so as to avoid conflicts of interest and the appearance of impropriety.

Members of the university Wexner medical center board and its committees shall disclose to the chair of the university Wexner medical center board and the university general counsel any situation wherein such member has a potential conflict of interest that could possibly cause that member to act in other than the best interest of the university. In any such situation deemed as a conflict of interest the member shall abstain from acquiring any information developed by the university Wexner medical center board and from participating in any discussions or voting related to such situation.

All members of the university Wexner medical center board and its committees shall keep confidential all sensitive information of every kind including the strategic goals of groups, practices, entities or subdivisions within the university Wexner medical center to the extent permitted by law. Members of the board and its committees also shall abide by all confidentiality and conflict of interest policies and programs adopted by the university board of trustees from time to time.

The university Wexner medical center board shall adopt and periodically review the university board of trustees' statement of expectations, which shall address comportment among board members, with the university president and other internal constituents, and with external constituents.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15

Chapter 3335-95 University Wexner Medical Center Board Officers

Ohio Adm.Code 3335-95-01 Officers of the board.

The officers of the university Wexner medical center board shall consist of a chair and such other officers appointed by the university board of trustees.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-95-02 Chair.

The chair shall be selected among the voting members of the university Wexner medical center board and shall be appointed by the chair of the university board of trustees, in consultation with the university president and the executive vice president and chancellor for health affairs, and ratified by the university board of trustees. The chair shall be appointed annually and have specific skills and qualifications including, but not limited to, prior experience leading a board and demonstrated experience in business management. The chair of the university Wexner medical center board shall preside at all meetings of the board.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15

Chapter 3335-97 Committees of the University Wexner Medical Center

Ohio Adm.Code 3335-97-01 University Wexner medical center board standing committees.

The university Wexner medical center board shall approve the appointment of a finance committee and a quality and professional affairs committee. The chair of the university Wexner medical center board shall appoint the members of the board's committees. The chair of each committee of the university Wexner medical center board shall be selected from the voting members of the university Wexner medical center board. The board or the chair of the board may designate guidelines for the selection and participation of non-trustee members of committees.

History

  • Effective: October 4, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-97-02 Finance committee.

(A) Responsibilities. The finance committee shall, upon call of the chair of the committee, meet to review and evaluate the financial results, plans, and audits of the university Wexner medical center and its component entities for the purpose of assessing the overall financial risks and capacities of the university Wexner medical center and the congruity of the financial management, plans and objectives of the university Wexner medical center. The committee shall be responsible for: reviewing financial performance including achievement of financial goals and targets approved by the university Wexner medical center board and university board of trustees; reviewing and making recommendations regarding the operating and capital budgets to the university Wexner medical center board and the university board of trustees; advising on the acquisition or sale of property; advising on current and future strategic business opportunities, including, but not limited to, affiliations, partnerships, mergers, acquisitions, and other business ventures; and other responsibilities as assigned by the chair of the university Wexner medical center board.

(B) Composition. The finance committee shall be composed of no fewer than five voting members of the university Wexner medical center board, with at least three members being university trustees; the university chief financial officer; and such other members as determined by the chair of the university Wexner medical center board.

(C) Meetings. The committee shall meet at the call of the chair of the committee. A majority of the voting members of the committee shall constitute a quorum. Meetings shall be conducted in accordance with the state laws of Ohio and open meetings laws.

Last updated April 9, 2024 at 8:56 AM

History

  • Effective: April 9, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-97-03 Quality and professional affairs committee.

(A) Responsibilities. The quality and professional affairs committee shall be responsible for the following specific duties:

(1) Reviewing and evaluating the patient safety and quality improvement programs of the university Wexner medical center, including, but not limited to, the hospitals, clinics, ambulatory care facilities, and physician office facilities;

(2) Overseeing all patient care activity in all facilities that are a part of the university Wexner medical center, including, but not limited to, the hospitals, clinics, ambulatory care facilities, and physicians' office facilities;

(3) Monitoring quality assurance performance in accordance with the standards set by the university Wexner medical center;

(4) Monitoring the achievement of accreditation and licensure requirements;

(5) Reviewing and recommending to the university Wexner medical center board changes to the medical staff bylaws and medical staff rules and regulations;

(6) Reviewing and approving clinical privilege forms;

(7) Reviewing and approving membership and granting appropriate clinical privileges for the credentialing of practitioners recommended for membership and clinical privileges by the university hospitals medical staff administrative committee and the James medical staff administrative committee;

(8) Reviewing and approving membership and granting appropriate clinical privileges for the expedited credentialing of such practitioners that are eligible by satisfying minimum approved criteria as determined by the university Wexner medical center board and are recommended for membership and clinical privileges by the university hospitals medical staff administrative committee and the James medical staff administrative committee;

(9) Reviewing and approving reinstatement of clinical privileges for a practitioner after a leave of absence from clinical practice;

(10) Conducting peer review activities and recommending professional review actions to the university Wexner medical center board;

(11) Reviewing and resolving any petitions by the medical staffs for amendments to any rule, regulation or policy presented by the chief of staff on behalf of the medical staff pursuant to the medical staff bylaws and communicating such resolutions to the university hospitals medical staff administrative committee and the James medical staff administrative committee for further dissemination to the medical staffs; and

(12) Such other responsibilities as assigned by the chair of the university Wexner medical center board.

(B) Composition. The committee shall consist of: no fewer than four voting members of the university Wexner medical center board, appointed annually by the chair of the university Wexner medical center board, one of whom shall be appointed as chair of the committee. The executive vice president and chief executive officer; the chief executive officer of the Ohio state university health system; the chief clinical officer of the medical center; the chief administrative officer of the Ohio state university health system, the director of medical affairs of the James; the medical director of credentialing for the James; the chief of the medical staff of the university hospitals; the chief of the medical staff of the James; the associate dean of graduate medical education; the chief quality and patient safety officer; the chief nursing officer for university hospital; and the chief nursing officer for the James shall serve as ex-officio, voting members. Such other members as appointed by the chair of the university Wexner medical center board, in consultation with the chair of the quality and professional affairs committee.

(C) Review and recommendation. The chief clinical officer of the medical center and the chief of staff for the medical staff of university hospitals shall present and make recommendations to the quality and professional affairs committee only with respect to those actions involving the university hospitals. The director of medical affairs of the James, the medical director of credentialing for the James and chief of staff for the medical staff of the James shall present and make recommendations to the quality and professional affairs committee only with respect to those actions involving the James.

(D) Voting. With respect to items coming before the quality and professional affairs committee as detailed in paragraph (A) of this rule, at least two voting, non-public members of the university Wexner medical center board must be present. Any action taken by this committee pursuant to the responsibilities as defined in paragraphs (A)(1) to (A)(11) of rule 3335-97-03 of the Administrative Code shall be taken only by the voting, non-public, committee members and approved by a majority vote thereof. The chief quality and patient safety officer shall recuse themselves from voting on matters defined in paragraphs (A)(7) and (A)(10) of rule 3335-97-03 of the Administrative Code.

(E) Meetings. The committee shall meet at least quarterly (four times per calendar year) or at the call of the chair of the committee and shall advise the university Wexner medical center board of its activities regularly. The committee shall act on behalf of the university Wexner medical center board in order to maintain the continuity of operations of the hospitals of the Ohio state university and the university hospitals and the James medical staffs; to review and to approve medical staff membership and to grant appropriate clinical privileges for practitioners in accordance with applicable laws, accreditation requirements, bylaws and rules established by the university board of trustees, university Wexner medical center board and university hospitals and the James medical staffs. Meetings shall be conducted in accordance with the state laws of Ohio and open meetings laws.

Last updated December 29, 2023 at 1:59 PM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-97-04 University Wexner medical center board special or ad-hoc committees.

The university Wexner medical center board may establish special or ad-hoc committees as needed upon the approval of the university board of trustees.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15

Chapter 3335-101 Medical Staff

Ohio Adm.Code 3335-101-01 General.

The university Wexner medical center board shall hold the medical staff organization of university hospitals and the medical staff organization of the James cancer hospital accountable to the university Wexner medical center board for establishing and maintaining standards of medical care for their respective facilities. As provided in rule 3335-101-04 of the Administrative Code, revisions to medical staff bylaws are subject to review and approval by the university Wexner medical center board before they are submitted to the Ohio state university board of trustees for adoption.

History

  • Effective: July 31, 2013
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-101-04

The medical staff organization shall recommend to the quality and professional affairs committee and the university Wexner medical center board amendments to medical staff bylaws, rules, and regulations that set forth by the medical staff organization and the governance process for maintaining such bylaws, rules, and regulations to accomplish the purposes set forth in rule 3335-101-03 of the Administrative Code. When such medical staff bylaws, rules, and regulations are adopted by the university Wexner medical center board and the Ohio state university board of trustees, they shall become effective and be part of the medical staff bylaws, rules, and regulations of the university Wexner medical center and the hospital and other facilities to which they apply. The medical staff organizations shall also be responsible for reviewing these bylaws, rules, and regulations periodically and recommending appropriate revisions to the quality and professional affairs committee and university Wexner medical center board.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-101-02 Medical staff.

For purposes of this chapter, the words "medical staff" shall include all physicians, psychologists, podiatrists, and dentists who are authorized to provide care for patients in any medical care facility or program administered by the university Wexner medical center, and may include such other health care professionals as the medical staff bylaws designate.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-101-03 Medical staff organization.

The organization of the medical staffs of the university Wexner medical center shall discharge those duties and responsibilities assigned to them by the university Wexner medical center board and is subject to the approval and authorization of the university Wexner medical center board. Those duties and responsibilities include the following purposes:

(A) To monitor the quality of medical care and make recommendations to the university Wexner medical center board to ensure that all patients admitted to or treated at any of the facilities, departments, or services of university hospitals or the James cancer hospital receive high quality medical care.

(B) To recommend, through the appropriate medical staff administrative committee, to the quality and professional affairs committee of the university Wexner medical center board the appointment or reappointment of an applicant to the medical staff of university hospitals or the James cancer hospital, the clinical privileges such applicant shall enjoy in the facilities of or associated with university hospitals or the James cancer hospital, and appropriate professional review action that may be necessary in connection with any member of the medical staff.

(C) To represent the medical staffs of university hospitals and the James cancer hospital and to provide the means whereby issues concerning the medical staffs of university hospitals and the James cancer hospital are discussed within the medical staff organization and among representatives of the medical staff, quality and professional affairs committee, the university Wexner medical center board, and the university Wexner medical center administration.

(D) To establish and enforce medical staff bylaws rules and regulations governing actions of members of the medical staffs and practitioners granted clinical privileges.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-101-05 Appointment to the medical staff and assignment of clinical privileges.

Upon recommendation of the medical staff of university hospitals or the James cancer hospital and in accordance with the medical staff bylaws, the university Wexner medical center board may appoint and reappoint physicians, dentists, psychologists, and podiatrists meeting the qualifications prescribed in the medical staff bylaws, to membership on the medical staff of the university hospitals and the James cancer hospital and shall grant clinical privileges to such practitioners. Appointment to the medical staff carries with it full responsibility for the treatment of patients of the university Wexner medical center subject to such limitations as may be imposed by the university Wexner medical center board or the medical staff bylaws, rules, and regulations of the medical staff. The chief medical officer of the medical center and the director of medical affairs for the James cancer hospital are delegated the responsibility by the university Wexner medical center board to grant temporary clinical privileges. The granting of temporary privileges shall be limited to situations which fulfill an important patient care need, and shall not be granted for a period of more than one hundred twenty days.

Last updated December 29, 2023 at 1:59 PM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-101-06 Medical staff administrative committees.

(A) Purpose. The medical staff administrative committee for the university hospitals medical staff and the medical staff administrative committee for the James cancer hospital each shall establish and maintain means of accountability to the university Wexner medical center board, in accordance with their respective medical staff bylaws. Each medical staff administrative committee shall concern itself primarily with the quality of medical care within the facilities of, or associated with, the university Wexner medical center. Each medical staff administrative committee shall receive and act upon all medical staff committee reports and make recommendations regarding medical staff appointments and clinical privileges to the university Wexner medical center board, through the board's quality and professional affairs committee. Other specific duties of the medical staff administrative committee are identified in the medical staff bylaws.

(B) Composition. The composition of the medical staff administrative committee of the university hospitals medical staff shall be determined in accordance with the university hospitals medical staff bylaws and the chief medical officer of the medical center shall serve as chair of the university hospitals medical staff administrative committee. The composition of the medical staff administrative committee of the James cancer hospital medical staff shall be determined in accordance with the James cancer hospital medical staff bylaws and the James cancer hospital director of medical affairs shall serve as chair of the James cancer hospital medical staff administrative committee. Any members may be removed from the medical staff administrative committee in accordance with the medical staff bylaws. Replacement or additional members may be appointed to the medical staff administrative committees in accordance with the medical staff bylaws and subject to review/renewal on a yearly basis to maintain the medical staff administrative committee's constituency.

(C) Meetings. Each medical staff administrative committee shall meet monthly. Minutes of the meetings shall be available to all members of the university Wexner medical center board and the quality and professional affairs committee of the university Wexner medical center board, the executive vice president and chancellor for health affairs, the dean of the college of medicine, and the deans of other professional colleges whose faculty have appointments on the medical and dental staffs.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-101-07 Hospitals clinical departments.

(A) Appointment of the chief of each clinical department of each hospital is subject to approval by the university Wexner medical center board on the recommendation of the dean of the applicable professional college and the executive vice president and chancellor for health affairs. All such appointments shall be periodically reviewed by the university Wexner medical center board. Any vacancy in the position of chief of a clinical department may be filled on an interim basis by the dean of the appropriate professional college, after consultation with the university Wexner medical center board. (In standard practice, the chief of a clinical department will be the chair of the corresponding academic department.)

(B) The university Wexner medical center board may delegate, through approval of the medical staff bylaws or by appropriate board resolution, to the chiefs of the clinical departments responsibility for maintaining the quality of medical care in their services, and for recommending an applicant's appointment or reappointment to the appropriate medical staff and privileges for such an applicant.

(C) The executive vice president and chancellor for health affairs shall recommend a candidate for the appointment of the chief clinical officer of the medical center to the university Wexner medical center board. The university Wexner medical center board shall appoint the chief clinical officer of the medical center. The chief clinical officer of the medical center shall report to the vice president for health services, the executive vice president and chancellor for health affairs and to the university Wexner medical center board. In matters relating to medical care in the university hospitals, members of the clinical departments of the university hospitals are accountable to the clinical chiefs, and medical directors who are accountable to the chief clinical officer of the medical center.

(D) The chief clinical officer is the senior medical officer for the medical center with the responsibility and authority for all health and medical care delivered at the medical center. The chief clinical officer is responsible for overall quality improvement and clinical leadership throughout the medical center, physician alignment, patient safety and medical staff development. The chief clinical officer is a key member of the senior management team and is expected to participate in all strategic, operational and policy decisions as a senior corporate officer of the medical center. The chief clinical officer is accountable for developing and managing systems and forums that foster the transfer of knowledge, information and process improvement methodologies to administrative and clinical leadership and staff. The chief clinical officer has the authority and responsibility of the organization of clinical service to optimize high quality care.

(E) The executive vice president and chancellor for health affairs shall appoint a medical director for each of the university hospitals. The medical director of each hospital shall report to the chief executive officer or executive director of the respective hospital, to the chief clinical officer of the medical center, and to the university Wexner medical center board. In matters relating to medical care in the hospitals, members of the clinical departments of the hospitals are accountable to the clinical chiefs, who are accountable to the medical directors.

(F) The executive vice president and chancellor for health affairs shall appoint a director of medical affairs for the James cancer hospital who shall be the chief medical officer of the James cancer hospital. The director of medical affairs shall report to the chief executive officer of the James cancer hospital and to the university Wexner medical center board. In matters relating to medical care in the James cancer hospital, members of the clinical departments of the hospitals are accountable to the clinical chiefs, who are accountable to the director of medical affairs.

(G) The chief clinical officer of the medical center, the director of medical affairs of the James cancer hospital and the medical directors of each hospital shall each be a physician and shall maintain an appointment as an attending staff member of his or her respective medical staff. The chief clinical officer of the medical center, medical directors of each hospital and director of medical affairs shall have authority as conferred by the executive vice president and chancellor for health affairs and the university Wexner medical center board; including the responsibility for clinical research and education programs and services, supervision of patient and clinical activity; and responsibility for the clinical organization of his or her respective hospital. The chief clinical officer of the medical center and director of medical affairs shall direct and supervise the medical staff quality assurance, utilization review, and credentialing activity. The chief clinical officer of the medical center, medical directors of each hospital and director of medical affairs shall establish priorities, jointly with the chief executive officer or executive director of his or her respective hospital, for capital medical equipment, clinical space, and the establishment of new clinical programs, or the revision of existing clinical programs.

History

  • Effective: November 11, 2020
  • Promulgated Under: 111.15

Chapter 3335-105 Aircraft and Vehicles

Ohio Adm.Code 3335-105-01 Definitions.

As used in rules 3335-105-01 to 3335-105-11 of the Administrative Code:

(A) "Aircraft" means a device that is used or intended to be used for flight in the air.

(B) "Airport" means the Ohio state university airport (Don Scott field).

(C) "Airport manager" means that person appointed by the Ohio state university to operate and/or manage the Ohio state university airport or a designated representative. The airport director serves as the manager of the Ohio state university airport.

(D) "Approval" or "Authorization" means the prior written or verbal consent of the airport manager or other specifically designated university official to conduct a specific activity on the airport premises.

(E) "Based aircraft" means any aircraft regularly stored at the airport, either in a hangar or tied down, for which the required application to base private aircraft, including evidence of insurance and maintenance information, having been made available for inspection, has been submitted by the aircraft owner and approved by the airport manager.

(F) "Debt" means all financial responsibilities and charges incurred at the airport, including but not limited to those involving storage, fuel, maintenance, miscellaneous service and pilot supplies.

(G) "Employee" means an individual performing services for a person for compensation in a bona fide employment relationship so that the employer is responsible for such items as applicable F.I.C.A. taxes, state workers' compensation benefits, issuance of a W-2 form for purposes of federal income tax law, and does not include an independent contractor.

(H) "FAA ATCT" means the federal aviation administration or contracted air traffic control tower at the Ohio state university airport.

(I) "FAA registered owner" means the owner of the aircraft as appears on the federal aviation administration aircraft registration form.

(J) With the exception of standard aircraft preflight inspection of aircraft fuel, "Fuel handling" means the transporting, delivering, fueling and draining of fuel or fuel waste products.

(K) "Fuel products" shall be considered material for purposes of section 1333.41 of the Revised Code.

(L) "Fuel storage area" means those portions of the airport designated temporarily or permanently by the airport manager as areas in which gasoline or any other type of fuel may be stored, including but not limited to gasoline underground or above ground fuel storage locations.

(M) "Flight instruction" means to teach, inform, supervise, give directions to, or train an individual by a qualified flight instructor, including but not limited to flight instruction for certificates and ratings, classroom instruction, simulator instruction, instrument competency checks in aircraft, and biennial fight reviews.

(N) "Flight instructor" means a federal aviation administration certified flight instructor or ground instructor possessing a valid instructor certificate.

(O) "Instruction" means training or supervision provided by qualified persons to another including, but not limited to, flight instruction.

(P) "Landing area" means those portions of the airport designated and made available temporarily or permanently for the landing and taking off of aircraft and other areas between and adjacent to runways.

(Q) "Liability insurance" means any policy of insurance covering liability issued by a person licensed to issue such insurance by the state of Ohio.

(R) "Owner" means the federal aviation administration registered owner, or the operator, lessor, lessee (or their agents) of an aircraft or any authorized person using or operating any aircraft.

(S) "Person" means any individual, partnership, corporation, association or other organization, including any assignee, receiver, trustee or other representative thereof.

(T) "Public" means the people as a whole or the community at large, open to all persons or the general populace.

(U) "Ramp and apron area" means those portions of the airport designated and made available temporarily or permanently to authorized persons for loading or unloading of both passengers and cargo into and from aircraft.

(V) "Tie down" means to moor the aircraft by no less than three attachment points (usually both wings and tail) to the ground anchor points provided.

(W) "University" means the Ohio state university.

(X) "Vehicle" means all automobiles, trucks, buses, motorcycles, horse drawn vehicles, bicycles, pushcarts, and any other device in or upon or by which any person or property is or may be transported, carried, or drawn upon land, except railroad or rolling equipment or other devices running only upon stationary rails or tracks, and except aircraft.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-11

The landing or takeoff of all aircraft on property owned or operated by the university shall be approved in advance by the assistant vice president for public safety with the following exceptions:

(A) Aircraft operations at the airport shall be approved by the airport manager

(B) Aircraft operations at the university hospital heliport shall be approved by the heliport administrator.

(C) Aircraft operations at the transportation research center shall be approved by the center's chief of security.

(D) Aircraft operations related to official law enforcement activities.

(E) Emergency landing of aircraft.

Approval to operate aircraft on or from university property, from locations or for circumstances other than those stated above, shall be in written form and shall include the purpose, time, date, location and identification of the pilot and aircraft involved.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-02 General.

(A) These rules shall be available for inspection in the airport administration office.

(B) All persons using, or working at, the airport shall comply with these rules and all other rules, regulations and policies of the Ohio state university.

(C) Based aircraft at the airport shall not be operated for hire to the public from the airport for flight instruction, charter, rental, or cargo purposes without the approval of the airport manager and, as appropriate, other university officials.

(D) Without the approval of the airport manager, no person shall offer services for hire, offer products for sale, conduct commercial activity or solicit for any purpose on the airport premises.

(E) Unless approval is granted by the airport manager, billing on all debts incurred at the airport shall be directed to the owner(s) of the aircraft and the owner(s) shall be responsible for the payment of all debts incurred at the airport.

When the owner is a corporation, partnership, association, or other organization consisting of more than one person, hereafter referred to collectively as "entity," the entity shall provide the airport manager with the name of the officer or individual to whom all billings should be directed and who has the authority to pay all debts incurred at the airport.

The airport manager may require additional guarantee of any individual related to an entity before credit or other services are provided by the airport to that entity. Similarly, the airport manager may require a co-signature for any individual owner.

(F) All persons desiring hangar space at the airport shall provide proof of ownership or lease of the aircraft to be stored, if requested by the airport manager.

(G) All persons, including flying clubs, are limited to leasing no more than two T-hangar units at any one time, unless approved by the airport manager.

(H) Rental charges for tiedown or hangar shall be billed in advance and due upon receipt.

(I) When a based aircraft is to be removed from the airport, written notice shall be furnished to the airport manager in advance of the removal. A thirty-day notice in advance of such action is required. In all cases, rental charges shall continue to and include the last day of the month designated for removal in the written notice. No refunds shall be made for unused portions of any period. Rates are subject to change without notice.

(J) All debts or charges incurred at the airport are due immediately unless the airport manager approves the establishment of an account. Monthly invoices for sales and services shall be payable upon receipt. Failure to make prompt payment may result in cancellation of the based aircraft agreement or of cancellation of any leases, revocation of tiedown privileges, or any other action deemed appropriate by the airport manager. In addition, unpaid accounts shall be assessed late charges computed by a single periodic rate.

(K) Partial payment made on overdue accounts shall be applied to that portion of the account as determined by the airport manager.

(L) The airport manager has the authority to detain any aircraft for non-payment of debts incurred on the airport or for violation of any of these rules.

(M) The airport manager may suspend or restrict any or all aircraft operations on the airport whenever such action is deemed necessary in the interest of safety.

(N) Special events or demonstrations may be permitted on the airport only with the approval of the airport manager.

(O) Cleaning or maintenance of aircraft shall take place only in areas designated for that purpose by the airport manager.

(P) All mechanics who are to work on aircraft at the airport shall be registered with the airport manager.

(Q) Unless approval is granted by the airport manager, aircraft mechanics who are employees of any person having an aircraft based at the airport may perform maintenance only on the aircraft owned and operated by that person and shall not perform similar services for any other person at the airport.

(R) Owners of aircraft stored in hangars owned and operated by the university, who employ licensed and qualified mechanics for the express purpose of maintaining their specific aircraft shall maintain in force at all times, liability insurance as specified in the hangar lease to cover the total loss of, or damage to, the entire hangar structure in which their aircraft is normally stored, to include any or all aircraft, equipment, supplies or furnishings normally housed in that hangar, and death of, or injury to, any person or persons who may be in or near the hangar. Evidence of insurance, in the form of a certificate of insurance, shall be furnished to the office of the airport manager. The certificate shall indicate that the policy contains a provision that the airport manager shall be notified in writing thirty days in advance of any change or cancellation of the coverage provided.

It is the aircraft owner's responsibility to see that evidence of insurance coverage is furnished at each subsequent policy renewal or issuance or following a change of aircraft, addition of an aircraft, or any occurrence that affects the coverage involved.

(S) Aircraft not covered by insurance as specified in paragraph (R) of this rule shall not be hangared, for purposes of maintenance, in hangars owned or operated by the university except in cases where such maintenance will be performed in a designated area with the approval of the airport manager and under the supervision of university aircraft maintenance personnel.

(T) Only special or emergency maintenance may be performed on airport ramps or aprons, runways or taxiways or adjoining areas.

(U) All hangars and offices at the airport shall be secured (closed and locked) at the conclusion of the business day.

(V) Alcoholic beverages are not permitted on the airport premises, except as cargo or as provision for flight passengers, without the approval of the airport manager.

(W) In the case of an apparent violation of rules 3335-105-01 to 3335-105-11 of the Administrative Code the airport manager shall have the authority to take whatever action determined to be appropriate in order to enforce these rules, including, but not limited to, cancellation of leases, revocation of based aircraft agreement, impounding of vehicles or other personal property, suspension, or prohibition from the airport, or eviction of any club or member thereof. Except when deemed necessary in the interest of safety or other exceptional circumstances, the airport manager shall take such action after notifying the affected person orally or in writing of a violation of these rules and giving the affected person an opportunity to respond.

(X) Any action taken by the airport manager in accordance with paragraph (W) of this rule may be appealed by the affected person to the chairperson of the department of aerospace engineering, applied mechanics and aviation, if appropriate, the dean of the college of engineering, and the office of academic affairs according to procedures adopted by the college of engineering.

(Y) Schedule air carrier operations are prohibited at the airport.

(Z) If any specific rule or part thereof is designated or otherwise declared invalid or inappropriate, the remainder of these rules and parts thereof shall continue to be of full force and effect.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-03 Aircraft and flight operations.

(A) The pilot in command of any aircraft operating from the airport is responsible for compliance with all university, state, and federal regulations pertaining to pilot certification and the operation of the aircraft.

(B) All flight instructors conducting flight instruction from the airport shall be registered with the office of the airport manager.

(C) All flight instructors instructing from the airport, in accordance with these rules, shall be physically present or have another approved instructor present at the airport at all times when student pilots under their supervision are flying solo.

(D) Aircraft based at the university airport shall be insured under a policy of comprehensive or aircraft liability insurance coverage (which must include aviation premises coverage and coverage for indemnification) in an amount:

(1) For piston engine aircraft, not less than one million dollars per occurrence, and

(2) For turbine engine aircraft, not less than ten million dollars per occurrence.

Such insurance policy shall name the university as an additional insured with respect to liability associated with the hangar space, and shall be carried with companies licensed to do business in the state of Ohio reasonably satisfactory to the university, and shall be non-cancelable and not subject to material change except after thirty days written notice to the airport manager. The insured shall deliver to the airport manager duly executed certificates of insurance upon request. The insured shall, upon each subsequent policy renewal or issuance, or following a change of aircraft, addition of an aircraft, or any occurrence that affects the coverage of a based aircraft, furnish to the airport manager, evidence of insurance coverage in the form of a certificate of insurance stating the name of the insured, the aircraft insured, the amounts of coverage provided and any special restrictions or considerations. The certificate shall indicate that the policy contains the provision that the airport manager will be notified in writing thirty days in advance of any change or cancellation of the coverage provided. The airport shall not at any time be liable for damage or injury to persons or property in or upon the hanger space.

(E) The pilot in command of any aircraft involved in any incident or accident on the airport shall make a prompt and full report of the incident or accident in accordance with federal aviation regulations and report the incident or accident to the airport manager in such form as may be required.

(F) Helicopter rotor blades shall be secured at all times while helicopters are not being prepared for flight or undergoing maintenance, other than maintenance involving the blade assembly. Pilots or mechanics of rotorcraft shall be responsible for securing the rotor blades.

(G) Only airport personnel shall move aircraft in or out of hangars (except T-hangars) owned or operated by the university, unless approval has been granted by the airport manager.

(H) Aircraft owners shall keep their aircraft locked at all times while parked or stored on the airport. The university, its trustees, officers, employees, or agents shall not be responsible for any loss or damage due to theft or vandalism of any aircraft, equipment or items left within any aircraft.

(I) If an aircraft is tied down at the airport, the owners shall:

(1) Properly tie down the aircraft after each flight.

(2) Leave a request at the airport operations office for replacement of ropes that are not considered to be satisfactory for the security of the aircraft.

(3) Provide mooring ropes, chains or cables of adequate strength to properly moor the aircraft if the operator feels additional mooring is needed.

(J) The university, its trustees, officers, employees or agents shall not be responsible for any damage to aircraft tied down on the airport, except where the damage is the result of the negligence of airport personnel.

(K) Aircraft shall not be taxied in or out of a hangar under its own power.

(L) The owner shall be responsible for the prompt disposal of aircraft wrecked or disabled on the airport (including parts of the aircraft) after approval for removal has been granted by the federal aviation administration or the airport manager. In the event of failure to promptly dispose of the aircraft after federal aviation administration release or for safety considerations, the wrecked or disabled aircraft and parts may be removed by the airport manager at the owners' expense and without liability on the part of the university, its trustees, officers or employees or agents for damage which may result in the course of such removal.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-04 Fuel storage and handling.

(A) All fuel products shall be considered "material" for purposes of section 1333.41 of the Revised Code and shall be supplied from stocks maintained or approved by the airport manager.

(B) During refueling operations no person shall operate any radio transmitter or receiver in the aircraft being refueled nor switch electrical appliances on or off in the aircraft except as essential to the refueling operation.

(C) Fuel products shall not be dispensed into, transferred, or drained from, any aircraft or equipment while in any hangar on the airport, except by personnel authorized by the airport manager.

(D) Fuel products dispensed at the airport into aircraft shall be delivered by authorized personnel, vehicles, and equipment only.

(E) Fuel products shall not be dispensed into portable containers, private motor vehicles, etc., without the approval of the airport manager.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-05 Vehicles.

(A) Except as otherwise provided in this rule, all vehicles on the airport premises shall be operated and parked in accordance with the university motor vehicle traffic and parking regulations.

(B) Routine or non-emergency maintenance of vehicles is prohibited on the airport premises without the approval of the airport manager.

(C) The airport manager may order or cause to be removed from any area of the airport any vehicle which is disabled, abandoned, parked in violation of the university traffic and parking regulations, or which presents an operational hazard. Such vehicles shall be removed at the expense of the owner or driver without liability on the part of the university, its trustees, officers, employees, or agents.

(D) Vehicles shall not be driven on taxiways, runways, or in areas posted as restricted without the approval of the airport manager.

Those vehicles permitted on taxiways, runways, or in restricted areas shall be equipped with two-way radio capable of operation on radio frequencies designated by the FAA ATCT. Those vehicles regularly operated in the areas described shall be equipped with suitable warning lights and/or a checkered flag (international orange and white, three foot square) flown well above the vehicle. If radio communication cannot be established or maintained with the FAA ATCT, prior authorization shall be obtained from the FAA ATCT before any vehicle is allowed on the landing area.

(E) Emergency vehicles responding to an alarm shall have the right of way; other vehicles shall yield to aircraft at all times.

(F) Vehicles other than airport service vehicles shall be permitted in hangars owned or operated by the university in accordance with the airport operating policies and procedures.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-06 Safety.

(A) Spray-painting shall be prohibited on the airport premises unless approved by the airport manager.

(B) Except when they are typically a part of aircraft operations, no explosives, flammable liquids, acid, toxic substances, compressed gas or any radioactive article, or other substance or material as might endanger persons or property, shall be stored, kept, handled, used, dispensed, or transported in or upon the airport without the approval of the airport manager.

(C) Without the approval of the airport manager, oxyacetylene torch, electric arc or similar flame or spark producing devices may only be operated in areas designated by the airport manager.

(D) No person shall smoke or use exposed flame on apron areas, in any hangar or shop area or in any area where smoking restrictions are posted or within fifty feet of any aircraft, parked refueler or a refueling operation.

(E) Waste petroleum products drained from aircraft or vehicles shall not be stored in any container or disposed of in any location other than that container or area designated by the airport manager.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-07 Airport traffic procedures.

(A) During the hours of operation of the FAA ATCT the airport traffic pattern and movement of aircraft on designated taxiways shall be directed by the FAA ATCT.

During the hours when the FAA ATCT is not in operation standard traffic patterns procedures shall be followed as outlined in the airman's information manual and federal aviation regulations. Taxi routes to and from runways shall be as instructed by FAA ATCT.

(B) The airport traffic pattern altitude is one thousand feet above ground (one thousand nine hundred five feet above mean sea level).

(C) Helicopter approach and departure corridors shall be in accordance with designated routes, or instructed by FAA ATCT (except police or medical emergencies). Information about current procedures concerning helicopter operations shall be available at the airport administration office.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-08 Environmental (noise abatement) procedures.

(A) "Touch and go" traffic or repeated takeoffs and landings shall not be permitted at the airport between the hours of eleven p.m. through seven a.m. local time.

(B) Recommended noise abatement procedures shall be implemented by all pilots of turbojet aircraft.

(C) The designated corridors for helicopter arrival and departure shall be used at all times (except police or medical emergencies). Information about current procedures concerning helicopter operations shall be available at the airport administration office.

(D) Runways 27L and 27R are designated as the calm wind runways. All traffic shall use the calm wind runways when wind velocities are five knots or less unless otherwise directed by FAA ATCT.

(E) Intersection departures shall be prohibited on runway 9R by all multiengine aircraft.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-09 Operating practices for flying club aircraft and members.

(A) All flying clubs shall submit to the office of the airport manager a copy of all applicable governing documents including, but not limited to:

(1) The constitution and bylaws of the club, and any other documents of the club to substantiate their status.

(2) Club regulations and/or operating manuals.

(3) Articles of incorporation

All flying clubs shall have a continuing duty to immediately submit a copy of all changes in any governing documents to the airport manager.

(B) All flying clubs shall submit to the office of the airport manager a copy of the membership roster listing members' current names, addresses, phone numbers, and pilot ratings held. Revised membership rosters shall be submitted to the airport manager no less than semi-annually.

(C) All flying clubs must be not-for-profit corporations (as defined in section 1702.02 of the Revised Code), not-for-profit partnerships or not-for-profit joint ventures and be tax exempt under the provisions of the "Internal Revenue Code."

(D) Only member pilots in good standing shall be authorized to operate club aircraft.

(E) No student pilot members shall operate a club aircraft unless such persons are under the direct supervision of a flight instructor. All student pilots shall be identified on the club membership roster.

(F) Prior to operating club aircraft from the airport, a member shall be familiar with the rules of the airport, as well as all airport operating policies and procedures, as amended.

(G) In addition to the owner of an aircraft operated by a flying club, a flying club shall be responsible for all debts incurred at the airport related to the storage, operation and maintenance of club aircraft resulting from requests by club members.

(H) All flying clubs shall provide the office of the airport manager with the name of the officer or individual who shall be responsible for the receipt of all billings and the payment of all debts incurred at the airport by the flying club.

(I) The airport may refuse to provide any service to a member of a flying club not listed on the membership roster filed with the airport manager. If any member of a flying club violates rules 3335-105-01 to 3335-105-11 of the Administrative Code, the airport manager shall have the authority to take action against the club or member thereof pursuant to paragraphs (W) and (X) of rule 3335-105-02 of the Administrative Code.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-105-10 Testing and operation of experimental and home-built aircraft.

(A) To conduct test flights, the pilot of experimental, or home-built aircraft must hold at least a private pilots license and shall have performed a minimum of three takeoffs and landings within the preceding thirty days in an aircraft of like configuration, similarly equipped to the test aircraft.

(B) When ready to begin initial taxi tests, the pilot of an experimental or home-built aircraft shall perform initial low speed, directional control and braking tests in an area designated by the airport manager. When it is demonstrated that the aircraft can be maneuvered safely, subsequent taxi tests shall be conducted in areas designated by the FAA ATCT. The pilot of the aircraft shall maintain two-way radio contact with the FAA ATCT at all times during taxi tests.

(C) Prior to the beginning of flight testing, the owner or pilot of an experimental, or home-built aircraft must present a copy of the airworthiness certificate and any operating limitations issued by the federal aviation administration to the airport manager or the chief of facilities of the FAA ATCT.

(D) The airport manager shall be notified in advance of the initial test flight and/or prior to each test flight until five takeoffs and landings to a full stop have been safely completed.

History

  • Effective: July 1, 2002
  • Promulgated Under: 111.15

Chapter 3335-107 Dental Faculty Practice

Ohio Adm.Code 3335-107-01 Introduction.

The Ohio state university college of dentistry, recognizing that the intramural practice plan of dentistry by full-time members of the faculty of the college of dentistry who are licensed to practice dentistry in the state of Ohio will serve to enhance the teaching, research and patient care missions of the college, hereby grants to each member the privilege of conducting such intramural practice subject to the terms and conditions incorporated into this practice plan. All persons beginning service as full-time faculty members at the Ohio state university on July 1, 1982, and thereafter, shall be subject to this plan as a condition of their employment at the Ohio state university, and all persons who began service as a full-time faculty member prior to July 1, 1982, shall have the opportunity to join this practice plan and, upon joining the plan, compliance with the terms of this plan shall be a condition of their employment at the Ohio state university.

History

  • Effective: July 30, 2001
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-107-02 Definitions.

For purposes of this chapter:

(A) "Full-time faculty member" shall mean a member of the faculty of the college who is appointed to the college on an appointment requiring one hundred per cent service to the university or a person who holds an appointment to the title of "emeritus faculty" as that term is defined by paragraph (D) of rule 3335-5-19 of the Administrative Code who, at the time of such appointment, was required to provide one hundred per cent service to the university. in order to qualify as a "full-time faculty member," an individual shall be currently licensed to practice dentistry in the state of Ohio.

(B) "Salary" shall mean the individual faculty member's base salary paid by the university.

(C) "Practice income" shall mean total receipts (after deductions for expenses and costs made in accordance with this chapter) from patient care fees generated by a full-time faculty member covered under this plan from the performance of patient care services.

(D) "College" shall mean the Ohio state university college of dentistry.

(E) "Dean" shall mean the dean of the Ohio state university college of dentistry.

(F) "University" shall mean the Ohio state university.

(G) "Dental faculty practice" shall mean the provision of dental services to private practice patients by faculty members employed by the dental practice group at Postle hall, the Ohio state university hospitals and clinics, the Arthur G. James cancer hospital and Richard J. Solove research institute, children's hospital or other sites authorized by the dental practice group.

History

  • Effective: July 30, 2001
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-5-19

As used in university rules, the term "faculty" shall include persons appointed by the board of trustees with tenure-track, clinical/teaching/practice research, associated, and emeritus faculty titles on full or part-time appointments, with or without salary.

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

(B) "Clinical/teaching/practice faculty": Clinical/teaching/practice faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Clinical/teaching/practice faculty positions are not tenure track positions and are not eligible for tenure.

(C) "Research faculty": Research faculty serve under fixed term contracts and their faculty appointments are described in Chapter 3335-7 of the Administrative Code. Research faculty positions are not tenure track positions and are not eligible for tenure.

(D) "Associated faculty": persons with clinical practice titles, adjunct titles, visiting titles, and lecturer titles; also professors, associate professors, assistant professors, and instructors who serve on appointments totaling less than fifty per cent service to the university. Persons with tenure-track, clinical/teaching/practice, or research faculty titles may not hold associated titles. Persons holding associated titles are not eligible for tenure and may not participate in the promotion and tenure reviews of tenure-track, clinical/teaching/practice, or research faculty. Associated faculty positions are not tenure track and are not eligible for tenure. Persons with associated titles are permitted to participate in college or academic unit governance where approved by a vote of at least a majority of all of its tenure track faculty and also clinical/teaching/practice and research faculty in those colleges and units where they have been given voting rights. Associated faculty appointments may be made for a maximum of three consecutive years and, with the exception of visiting titles, may be renewed.

(1) Clinical practice faculty: The titles of clinical professor of practice, clinical associate professor of practice, clinical assistant professor of practice, and clinical instructor of practice shall be used to confer faculty status on individuals who have credentials comparable to clinical faculty of equivalent rank and who either provide significant, uncompensated service for which a faculty title is needed or compensated service to the clinical instructional programs in the colleges of the health sciences. Clinical practice appointments are made for the period in which the service is provided. Renewal of no-salary appointments is contingent upon continued significant contributions. Procedures for the promotion of clinical practice faculty members shall be the same as for promotion of clinical faculty.

(2) Visiting faculty: The titles of visiting professor, visiting associate professor, and visiting assistant professor, shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice or research faculty of equivalent rank who spend a limited period of time on formal appointment and in residence at this institution for purposes of participating in the instructional and research programs of the university. A visiting appointment cannot exceed three continuous academic years of service.

(3) Adjunct faculty: The titles of adjunct professor, adjunct associate professor, and adjunct assistant professor, and adjunct instructor shall be used to confer faculty status on individuals who have credentials comparable to tenure-track, clinical/teaching/practice, or research faculty of equivalent rank, who provide significant, service to the instructional and/or research programs of the university and who need a faculty title to perform that service. Significant service would include teaching the equivalent of one or more courses, advising graduate students or serving on graduate committees, and serving as a co-investigator on a research project. Such individuals may be either nonuniversity employees or university employees compensated on a noninstructional budget. Adjunct appointments are made for the period in which the service is provided. Renewal of adjunct appointments is contingent upon continued significant contributions. Procedures for the promotion of adjunct faculty members shall be the same as for promotion of tenure, clinical/teaching/practice, or research faculty.

(4) Lecturer: The titles of lecturer and senior lecturer shall be used for all compensated instructional appointments where other titles are not appropriate. Lecturers' responsibilities are limited to teaching as defined in paragraph (A)(2) of rule 3335-6-02 of the Administrative Code.

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

Last updated June 18, 2024 at 8:36 AM

History

  • Effective: June 18, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-107-03 Operational procedures.

(A) Practice time.

Each full-time faculty member will be permitted to practice up to an average of one day per week within the dental faculty practice in accordance with the policies and procedures regarding outside professional services as adopted by the university. No practice by a full-time faculty member outside the dental faculty practice will be permitted. The dean of the college and the dental practice group will agree upon practice time and location.

(B) The college will supply clinical facilities at the location known as the "dental faculty practice," where the full-time faculty member is to conduct the member's intramural patient care practice. Such clinical facilities shall include designated practice space and fixed equipment, including a dental chair, and fixed handpieces associated therewith, laboratory equipment, and operating equipment. The college shall see that the personnel or mechanisms necessary to support the practitioner and to coordinate appointments and billings in accordance with this rule are provided to the full-time faculty member.

The dental practice group shall be responsible for furnishing and paying for specialized materials, instruments, and laboratory fees as determined by the dean.

(C) Appointments, billings and collections.

The college shall be responsible to see that a business office will be maintained as a part of this practice plan. This office shall be responsible to see that billing statements are issued, fees collected, and that appropriate records of all billings and payments are maintained for all full-time faculty participating in this plan. Individuals designated by the dean will keep records of appointments for the daily private practice of the full-time faculty members in the dental faculty practice.

These records are subject to review by the dean or the dean's representatives.

History

  • Effective: July 30, 2001
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-107-04 Costs associated with production of fees.

The college shall maintain accurate records of the total costs (direct or indirect) incurred in university facilities to support patient care services. It is recognized that the university, the college, the doctor, and the dental practice group appropriately share these costs.

History

  • Effective: July 30, 2001
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-107-05 Academic program considerations.

(A) Patient care.

Every patient treated within the dental faculty practice shall be assigned (or will select on the advice of a referring dentist or physician) a full-time faculty member as the patient's "personal dentist." The personal dentist will be responsible for the professional care of the patient. The personal dentist shall obtain the necessary consent from each of the personal dentist's patients, such that every patient treated within the dental faculty practice and such patient's records shall be available for student observation and training.

(B) Records.

All records pertaining to patient care, billing, appointments and collections within the dental faculty practice shall be made available for student observation and training, as long as confidentiality is maintained.

History

  • Effective: July 30, 2001
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-107-06 Dental practice group.

A dental practice group has been established with the approval of the dean. The dental practice group may include one hundred per cent of the full-time faculty members. As a condition of faculty employment, all full-time faculty members who desire to conduct an intramural practice will be required to become and remain employees of the dental practice group. Full-time faculty members, who were employees of the dental practice group existing on January 5, 1998, will remain so or become and remain an employee of any practice group deemed to be a successor of the existing dental practice group. The dean shall make the determination of a successor practice group.

The dental practice group shall contract with the college to render dental services in the dental faculty practice pursuant to this plan and to administer the patient care practice of the full-time faculty members conducted pursuant to the terms of this plan. The revenues collected for the delivery of dental services by the dental practice group pursuant to this plan shall be distributed as follows:

(A) An amount determined under the faculty member's contract with the dental practice group shall be payable to such individual faculty member as compensation, subject to no further university limitations.

(B) A percentage of such revenues, as agreed upon by the authorized fiscal representative of the university and the dean, shall be set aside to compensate the university for the costs (direct and indirect) associated with the dental facilities provided at the university. This percentage amount shall be no less than ten per cent of such revenues.

(C) The remaining revenues, after deducting the amounts paid pursuant to paragraphs (A) and (B) of this rule, shall be retained by the dental practice group to be used as determined by the dental practice group.

Full-time faculty members who have contracted with the dental practice group to render such services shall render all dentistry services at the dental faculty practice pursuant to this plan. The dean shall be entitled to review the dental practice group's decision-making process and governance documents in order to ensure academic quality and productivity within the college.

History

  • Effective: July 30, 2001
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-107-07 Amendment.

The board of trustees of the university can amend this plan.

History

  • Effective: July 30, 2001
  • Promulgated Under: 111.15

Chapter 3335-111 CHRI In General

Ohio Adm.Code 3335-111-01 Medical staff name.

The board of trustees of the Ohio state university, by official action, established "the Arthur G. James cancer hospital and Richard J. Solove research institute (CHRI)." Hereinafter, the abbreviation "CHRI" shall mean the Arthur G. James cancer hospital and Richard J. Solove research institute; the term "medical staff" shall refer to the medical staff of the cancer hospital and research institute. "The medical staff of the Arthur G. James cancer hospital and Richard J. Solove research institute" shall be the name of the hospital's medical staff organization. In accordance with rules 3335-109-01 to 3335-109-20 and 3335-104-07 of the Administrative Code, the Ohio state university Wexner medical center board (herein called "Wexner medical center board") has delegated to the medical staff of the CHRI the responsibility to prepare and recommend adoption of these bylaws.

History

  • Effective: April 27, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-02 Purpose.

The purpose of the self-governing, democratically organized medical staff, which is accountable to the Ohio state medical center board for the quality of care provided to the patients of the CHRI shall be:

(A) To maintain exemplary standards of medical care for all patients at the CHRI. To assure continuity of care and treatment for the individual patient throughout the course of his or her illness, and to assure ongoing support and care for cancer survivors. To commit to being responsive to the needs of all CHRI patients and to communicate compassionately and effectively concerning matters of patient care.

(B) To support and encourage research, with an emphasis on the prevention and treatment of cancer; to actively encourage patients to participate in clinical trials and other research, and to foster research programs to enhance and advance the educational and patient care programs.

(C) To support educational programs for health care and other professionals, patients and families, and the community, with an emphasis on cancer-related education; to elevate and advance the educational standards of our professions, including pre and post medical or osteopathic students, nursing students, students of the allied medical professions, and students of other health professional colleges.

(D) To provide a means to identify and review medical problems, assure adherence to regulatory and accreditation standards, review and revise policies and procedures; and to provide a means for establishing and maintaining standards of professional, medical and educational performance, evaluation and discipline within the medical staff, and harmonious cooperation and understanding among the units comprising the CHRI.

(E) To govern medical staff credentialed practitioners and these bylaws are not intended to and shall not create any contractual rights between the Ohio state university Wexner medical center and any practitioner. Any and all contracts of affiliation, association or employment shall control contractual and financial relationships between the Ohio state university Wexner medical center and such practitioners.

History

  • Effective: November 12, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-03 Patients.

(A) The continuous care and treatment of individual patients is the medical responsibility of the member of the attending, associate attending, clinical attending or community associate attending medical staff to whose care the patient is treated at or transferred to the CHRI, and to an allied health professional being granted clinical privileges under these bylaws.

(B) There shall be only one category or classification of patients in the CHRI, and those patients are the patients of the medical staff under whose care they are treated. Patients treated at the CHRI who, prior to treatment, have not requested or selected a member of the medical staff to attend them shall be assigned for their care and treatment to a member of the medical staff for their care and treatment.

(C) All patients treated at the CHRI should cooperate in, and, whenever applicable, participate in an approved cancer related protocol and knowingly participate in the teaching program of the college of medicine. Should a patient, or on the behalf of the patient, the patient's representative, refuse to participate or cooperate in the teaching program of the CHRI or the college of medicine, the medical staff member responsible for the care and treatment of the patient will encourage participation in the Ohio state university's teaching programs, but will simultaneously inform patients, or when appropriate, the patients representative, of their right to refuse participation.

(D) Students, including pre and post medical or osteopathic, but not limited thereto, shall be under the direction and control of the members of the medical staff to whom the patient is assigned for treatment within the CHRI. The CHRI respects the patient's right to participate in decisions about his or her care, treatment and services, and further respects the patient's rights to refuse care, treatment and services, in accordance with law and regulation.

History

  • Effective: August 3, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-04 Membership.

(A) Qualifications.

(1) Membership on the medical staff of the CHRI is a privilege extended to doctors of medicine, osteopathic medicine, dentistry, and to practitioners of psychology and podiatry who consistently meet the qualifications, standards, and requirements set forth in the bylaws, rules and regulations of the medical staff, and the board of trustees of the Ohio state university. Membership on the medical staff is available on an equal opportunity basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, handicap, genetic information or veteran/military status. Doctors of medicine, osteopathic medicine, dentistry, and practitioners of psychology and podiatry in faculty and administrative positions who desire medical staff membership shall be subject to the same policies and procedures as all other applicants for the medical staff.

(2) All members of the medical staff of the CHRI, except physician scholar medical staff, shall be members of the faculty of the Ohio state university college of medicine, or in the case of dentists, of the Ohio state university college of dentistry, and shall be duly licensed or certified to practice in the state of Ohio. Members of the limited staff shall possess a valid training certificate, or an unrestricted license from the applicable state board based on the eligibility criteria defined by that board. All members of the medical staff and limited staff and licensed health care professionals with clinical priviledges shall comply with provisions of state law and the regulations of the respective state medical board or other state licensing board if applicable. Only those physicians, dentists, and practitioners of psychology and podiatry who can document their education, training, experience, competence, adherence to the ethics of their profession, dedication to educational and research goals and ability to work with others with sufficient adequacy to assure the Wexner medical center board and the board of trustees of the Ohio state university that any patient treated by them at the CHRI will be given high quality medical care provided at CHRI, shall be qualified for eligibility for membership on the medical staff of the CHRI. CHRI medical staff members shall also hold appointments to the medical staff of the Ohio state university hospitals for consulting purposes. Loss of such appointment shall result in immediate termination of membership on the CHRI medical staff and immediate termination of clinical privileges as of the effective date of the Ohio state university hospitals appointment termination. This consequence does not apply to an individual's suspension for completion of medical records. If the medical staff member regains an appointment to the Ohio state university hospitals medical staff, the affected medical staff member shall be eligible to apply for CHRI medical staff membership at that time. All applicants for membership, clinical privileges, and members of the medical staff must provide basic health information to fully demonstrate that the applicant or member has, and maintains, the ability to perform requested clinical privileges. The director of medical affairs of the CHRI, the medical director of credentialing, the department chairperson, the credentialing committee, the medical staff administrative committee, the quality and professional affairs committee of the Ohio state university Wexner medical center board, or the Ohio state university Wexner medical center board may initiate and request a physical or mental health evaluation of an applicant or member. Such request shall be in writing to the applicant.

(3) All members of the medical staff and licensed health care professionals will comply with medical staff and the CHRI policies regarding employee and medical staff health and safety, provision of uncompensated care, and will comply with appropriate administrative directives and policies which, if not followed, could adversely impact overall patient care or may adversely impact the ability of the CHRI employees or staff to effectively and efficiently fulfill their responsibilities. All members of the medical staff and licensed health care professionals shall agree to comply with bylaws, rules and regulations, and policies and procedures adopted by the medical staff administrative committee and the Wexner medical center board, including but not limited to policies on professionalism, behaviors that undermine a culture of safety. Annual education and training approved by the medical staff administrative committee or as required by the CHRI to meet accreditation standards, fedural regulations, or quality and safety goals is required for medical staff members with clinical privileges in addition to conflict of interest disclosure. Medical staff members and licensed health care professionals must also comply with the university integrity program requirements including but not limited to billing, self referral, ethical conduct and annual education. Medical staff members and licensed health care professionals with clinical privileges must immediately disclose to the chief medical officer and the department chairperson the occurrence of any of the following events: a licensure action in any state, any malpractice claims filed in any state or an arrest by law enforcement.

(4) All members of the medical staff and credentialed providers must maintain continuous uninterrupted enrollment with all governmental healthcare programs. This includes any federal and state government programs.

(a) It shall be the duty of all medical staff members and credentialed providers to promptly inform the chief medical officer and the corporate credentialing office of any investigation, action taken, or the initiation of any process which could lead to an action taken by any governmental program.

(b) Exclusion of any medical staff member or credentialed provider from participation in any federal or state government program or suspension from participation, in whole or in part, in any federal or state government reimbursement program, shall result in immediate lapse of membership on the medical staff of the CHRI and the immediate lapse of clinical privileges at the CHRI as of the effective date of the exclusion or suspension. Medical staff members may submit a request to resign their medical staff membership to the chief medical officer in lieu of automatic termination. The resignation in lieu of automatic termination shall be discussed at the next credentialing committee and medical staff administrative committee in order to provide recommendations to the quality and professional affairs committee of the Wexner medical center board. A final determination should be decided by the quality and professional affairs committee at its next regular meeting.

(c) If the medical staff member's or credentialed provider's participation in all governmental programs is fully reinstated, the affected medical staff member or credentialed provider shall be eligible to apply for membership and clinical privileges at that time.

(5) Board certification.

An applicant for membership shall at the time of appointment or reappointment, be board certified in his or her specialty. This board certification must be approved by the American board of medical specialties, or other applicable certifying boards for doctors of osteopathy, podiatry, psychology, and dentistry. All applicants must be certified within the specific areas for which they have requested clinical privileges. Applicants who are not board certified at the time of application but who have completed their residency or fellowship training within the last five years will be eligible for medical staff appointment. However, in order to remain eligible, those applicants must achieve board certification in their primary area of practice within five years from the date of completion of their residency or fellowship training. Applicants must maintain board certification and, to the extent required by the applicable specialty/subspecialty board, satisfy recertification requirement. Recertification will be assessed at reappointment. Failure to meet or maintain board certification shall result in termination of membership on the medical staff of the CHRI.

(6) All applicants must demonstrate recent clinical activity in their primary area of practice during the last three years to satisfy minimum threshold criteria for privileges within their clinical departments.

(7) Waiver requests for the threshold eligibility requirements listed in paragraphs (A)(4) to (A)(6) of this rule may be requested and considered as follows:

(a) A request for a waiver will only be considered if the applicant provides information sufficient to satisfy his or her burden to demonstrate that his or her qualifications are equivalent to or exceed the criterion in question and that there are exceptional circumstances that warrant a waiver. The clinical department chief must endorse the request for waiver in writing to the credentialing committee.

(b) The credentialing committee may consider supporting documentation submitted by the prospective applicant, any relevant information from third parties, input from the relevant clinical department chiefs, and the best interests of the hospital and the communities it serves. The credentialing committee will forward its recommendation, including the basis for such, to the medical staff administrative committee.

(c) The medical staff administrative committee will review the recommendation of the credentialing committee and make a recommendation to the Wexner medical center board regarding whether to grant or deny the request for a waiver and the basis for its recommendation.

(d) The Wexner medical center board determination regarding whether to grant a waiver is final. A determination not to grant a waiver is not a denial of appointment or clinical privileges and does not give rise to a right to a hearing. The prospective applicant who requested the waiver is not entitled to a hearing. A determination to grant a waiver in a particular case is not intended to set a precedent for any other applicant. A determination to grant a waiver does not mean that an appointment will be granted.

(e) Waivers of threshold eligibility criteria will not be granted routinely. No applicant is entitled to a waiver or to a hearing if a waiver is not granted.

(f) Waivers to requirements prescribed by regulatory, accrediting, or other external agencies will not be granted.

(8) Resignation, termination or non-reappointment to the faculty of the Ohio state university shall result in immediate termination of membership on the medical staff of the CHRI for attending, associate attending and clinical attending staff members.

(9) Any staff member whose membership has been terminated pursuant to paragraph (A)(4) or (A)(5) of this rule shall not be entitled to request a hearing and appeal in accordance with rule 3335-111-06 of the Administrative Code. Any allied health professional whose clinical privileges have been terminated pursuant to paragraph (A)(4) of this rule may not request an appeal in accordance with paragraph (J)(8)(i) of rule 3335-111-07 of the Administrative Code.

(10) No applicant shall be entitled to medical staff membership and or clinical privileges merely by the virtue of fulfilling the above qualifications or holding a previous appointment to the medical staff.

(B) Application for membership.

Initial application for all categories of medical staff membership shall be made by the applicant to the clinical department chief or designee on forms prescribed by the medical staff administrative committee, stating the qualifications and references of the applicant and giving an account of the applicant's current licensure, relevant professional training and experience, current competence and ability to perform the clinical privileges requested. All applications for appointment must specify the clinical privileges requested. Applications may be made only if the qualifications are fulfilled as outlined in paragraph (A) of this rule. See paragraph (E)(1) of rule 3335-111-07 of the Administrative Code for exceptions to signature requirements. The application shall include written statements by the applicant that commit the applicant to abide by the bylaws, rules and regulations and policies and procedures of the medical staff, the Wexner medical center board, and the board of trustees of the Ohio state university. The applicant shall produce a government issued photo identification to verify his/her identity pursuant to hospital/medical staff policy. The applicant for medical staff membership shall agree that membership requires participation in and cooperation with the peer review processes of evaluating credentials, medical staff membership and clinical privileges, and that a condition for membership requires mutual covenants between all members of the medical staff to release one another from civil liability in these review processes as long as the peer review is not conducted in bad faith, with malice, or without reasonable effort to ascertain the accuracy of information being disclosed or relied upon. A separate record shall be maintained for each applicant requesting appointment to the medical staff.

(C) Terms of appointment.

Initial appointment to the medical staff, except for the honorary category, shall be for a period not to exceed thirty-six months. An appointment or grant of privileges for a period of less than twenty-four months shall not be deemed an adverse action. During the first six months of the initial appointment, except medical staff appointments without clinical privileges, appointees shall be subject to focused professional practice evaluation (FPPE) in order to evaluate the privilege-specific competence of the practitioner who does not have documented evidence of competently performing the requested privilege at the organization pursuant to university bylaws. FPPE requires the evaluation by the clinical department chief with oversight by the credentials committee and the medical staff administrative committee.

The provisional appointee identifies the primary hospital. Following the six month FPPE period, the clinical department chief may: (1) recommend the initial appointee to transition to ongoing professional practice evaluation (OPPE), which is described later in university bylaws to the medical staff administrative committee; (2) extend the FPPE period, which is not considered an adverse action, for an additional six months not to exceed a total of twelve months for purposes of further monitoring and evaluation; or (3) terminate the initial appointee's medical staff membership and clinical privileges. In the event that the medical staff administrative committee recommends that an adverse action be taken against an initial appointee, the initial appointee shall be entitled to the provisions of due process as outlined in university bylaws.

(D) Professional ethics.

The code of ethics as adopted, or as may be amended, by the American medical association, the American dental association, the American osteopathic association, the American psychological association, the American college of surgeons, or the American podiatric medical association shall usually govern the professional ethical conduct of the respective members of the medical staff.

(E) Procedure for appointment.

(1) The completed and signed application for membership of all categories of the medical staff as defined in rule 3335-111-07 of the Administrative Code, shall be presented to the clinical department chief or designee. The applicant shall include in the application a signed statement indicating the following:

(a) If the applicant should be appointed to a category of the CHRI medical staff, the applicant agrees to be governed by the bylaws, rules and regulations of the medical staff, the Wexner medical center board, and the board of the trustees of the Ohio state university.

(b) The applicant consents to be interviewed in regard to the application.

(c) The applicant authorizes the CHRI to consult with members of the medical staffs of other hospitals with which the applicant has been or has attempted to be associated, and with others who may have information bearing on the applicant's competence, character and ethical qualifications.

(d) The applicant consents to the CHRI's inspection of all records and documents that may be material to the evaluation of the applicant's professional qualifications and competence to carry out the clinical and educational privileges which the applicant is seeking as well as the applicant's professional and ethical qualifications for medical staff membership.

(e) The applicant releases from any liability:

(i) All representatives of the CHRI for acts performed in connections with evaluating the applicant's credentials or releasing information to other institutions for the purpose of evaluating the applicant's credentials in compliance with university bylaws performed in good faith and without malice; and

(ii) All third parties who provide information, including otherwise privileged and confidential information, to members of the medical staff, the CHRI staff, the Wexner medical center board members, and members of the Ohio state university board of trustees concerning the applicant's credentials performed in good faith and without malice.

(f) The applicant has an affirmative duty to disclose any prior termination, voluntary or involuntary, current loss, restriction, denial, or the voluntary or involuntary relinquishment of any of the following: professional licensure, board certification, DEA registration, membership in any professional organization or medical staff membership or privileges at any other hospital or health care facility.

(g) The applicant further agrees to disclose to the director of medical affairs or the medical director of credentialing the initiation of any process which could lead to such loss or restriction of the applicant's professional licensure, board certification, DEA registration, membership in any professional organization or medical staff membership or privileges at any other hospital or health care facility.

(h) The applicant agrees that acceptance of an appointment to any category of the CHRI medical staff authorizes the CHRI to conduct any appropriate health assessment including, but not limited to, drug or alcohol screens on a practitioner before granting of privileges and at any time during the normal pursuit of medical staff duties, based upon reasonable cause as determined by the chief of the practitioner's clinical department or the director of medical affairs of the CHRI or their authorized designees.

(2) The purpose of the health assessment shall be to ensure that the applicant or appointee to the CHRI medical staff is able to fully perform and discharge the clinical, educational, administrative and research responsibilities which the applicant or appointee would or is permitted to exercise by reason of medical staff appointment. If, at the time of the initial request for a health assessment, and at any time an appointee refuses to participate as needed in a health assessment, including, but not limited to, a drug or alcohol screening, this shall result in automatic lapse of membership, privileges, and prerogatives until remedied by compliance with the requested health assessment. Upon request of the medical staff administrative committee or the Wexner medical center board, the applicant or appointee will provide documentation of their physical/mental status with sufficient adequacy to demonstrate that any patient treated by the applicant or appointee will receive efficient and quality care at a professionally recognized level of quality and efficiency. The conditions of this paragraph shall be deemed continuing and may be applicable to issues of continued good standing as an appointee to the medical staff.

(3) An application for membership on the medical staff shall be considered complete when all the information requested on the application form is provided, the applicant signs the application and the information is verified. A completed application must contain:

(a) Peer recommendations from at least three individuals with first hand knowledge about the applicant's clinical and professional skills within the last year;

(b) Evidence of required immunizations;

(c) Evidence of current professional medical malpractice liability coverage required for the exercise of clinical privileges;

(d) Satisfaction of ECFMG requirements, if applicable;. If an individual receives a conceded eminence certificate or a clinical research faculty certificate from the state medical board of Ohio, the requirement for ECFMG certification may be waived at the discretion of the Wexner medical center board.

(e) Verification by primary source documentation of:

(i) Current and previous state licensure, and

(ii) Faculty appointment, when applicable.

(iii) DEA registrations, when required for the exercise of requested clinical privileges;

(iv) Graduation from an accredited professional school, when applicable;

(v) Successful completion or record of post professional graduate medical education;

(vi) Board certification or, active candidacy for board certification or applicant qualifies for a waiver pursuant to paragraph (A)(5) of this rule.

(f) Information from the national practitioner data bank and other JCAHO approved sources;

(g) Verification that the applicant has not been excluded from any federally funded health care program; and

(h) Complete disclosure by the applicant of all past and current claims, suits, verdicts, and settlements, if any.

(i) Completion of a criminal background investigation that meets the requirements of the Wexner medical center.

(j) Completion of the Ohio state university medical center drug testing.

(k) Verification of completion of specific competencies required for clinical privileges, as approved by the medical staff administrative committee and maintained in the provider's credentials files. All other required annual online learning must be completed within sixty days of employment.

(l) Demonstration of recent active clinical practice during the last two years required for exercise of clinical privileges.

(m) Attestation of current Ohio automated Rx reporting system ("OARRS") account for all applicants who have a DEA registration.

(4) The clinical department chief shall be responsible for investigating and verifying the character, qualifications and professional standing of the applicants by making inquiry of the primary source of such information and shall within thirty days of receipt of the completed application, submit a report of those findings along with a recommendation on medical staff membership and clinical privileges to the applicant's respective CHRI department chairperson and/or division director. Licensed allied health professional applicants will have their clinical department chief's report submitted to the subcommittee of the credentials committee charged with review of applications for associates to the medical staff.

(5) The department chairperson and/or division director shall receive all initial signed and verified applications from the appropriate clinical department chief and shall make a recommendation to the medical director of credentialing on each application. The medical director of credentialing shall make an initial determination as to whether the application is complete. The credentials committee, the medical staff administrative committee, the quality and professional affairs committee, and the Wexner medical center board have the right to render an application incomplete, and therefore not able to be processed, if the need arises for additional or clarifying information. The medical director of credentialing shall forward all completed applications to the credentials committee.

(6) The applicants shall have the burden of producing information for an adequate evaluation of his/her qualifications for membership and for the clinical privileges requested. If the applicant fails to complete the prescribed forms or fails to provide the information requested within sixty days of receipt of the signed application, processing of the application shall cease and the application shall be deemed to have been voluntarily withdrawn, action which is not subject to hearing or appeal pursuant to rule 3335-111-06 of the Administrative Code.

(7) If the clinical department chief does not submit a report and recommendation on a timely basis, the completed application shall be forwarded to the medical director of credentialing for presentation to the credentials committee on the same basis as other applicants.

(8) Completed applications shall be acted upon as follows:

(a) By the credentials committee within thirty days after receipt of a completed application from the medical director of credentialing;

(b) By the medical staff administrative committee within thirty days after receipt of a completed application and the report of the recommendation of the credentials committee;

(c) By the quality and professional affairs committee of the Wexner medical center board;

(d) By the Wexner medical center board within one hundred twenty days after receipt of a completed application and the report and recommendation of the medical staff administrative committee; and

(e) By the Wexner medical center board, or a subcommittee of the Wexner medical center board if eligible for expedited credentialing, within one hundred twenty days after receipt of a completed application and the report and recommendation of the medical staff administrative committee.

(9) These time periods are deemed guidelines only and do not periods. These periods may be stayed or altered pending receipt and verification of further information requested from the applicant, or if the application is deemed incomplete at any time. If the procedural rights create any right to have an application processed within these precise specified in rule 3335-111-06 of the Administrative Code are activated, the time requirements provided therein govern the continued processing of the application.

(10) The credentials committee shall review the application, evaluate and verify the supporting documentation, references, licensure, the clinical department chief's report and recommendation, and other relevant information. The credentials committee shall examine the character, professional competence, professional conduct, qualifications, and ethical standing of the applicant and shall determine, through information contained in the personal references and from other sources available, whether the applicant established and met all of the necessary qualifications for the category of the medical staff and clinical privileges requested.

(11) The credentials committee shall, within thirty days from receipt of a completed application, make a recommendation to the medical director of credentialing that the application be accepted, rejected or modified. The medical director of credentialing shall forward the recommendation of the credentials committee to the medical staff administrative committee. The credentials committee or the medical director of credentialing may recommend to the medical staff administrative committee that certain applications for appointment be reviewed in executive session.

(12) The recommendation of the medical staff administrative committee regarding an appointment decision shall be made within thirty days of receipt of the credentials committee recommendation and shall be communicated by the medical director of credentialing, along with the recommendation of the director of medical affairs, to the quality and professional affairs committee of the Wexner medical center board, and thereafter to the Wexner medical center board. When the Wexner medical center board has acted, the chair of the Wexner medical center board shall instruct the director of medical affairs to transmit the final decision to the clinical department chief, the applicant, and the respective department chairperson and/or division director.

(13) At any time, the medical staff administrative committee first recommends non-appointment of an initial applicant for any category of the medical staff or recommends denial of any clinical privileges requested by the applicant, the medical staff administrative committee shall require the medical director of credentialing to notify the applicant by certified return receipt mail that applicant may request an evidentiary hearing as provided in paragraph (D) of rule 3335-111-06 of the Administrative Code. The applicant shall be notified of the requirement to request a hearing as provided by paragraph (B) of rule 3335-111-06 of the Administrative Code. If a hearing is properly requested, the applicant shall be subject to the rights and responsibilities of rule 3335-111-06 of the Administrative Code. If an applicant fails to properly request a hearing, the medical staff administrative committee shall accept, reject, or modify the application for appointment to membership and clinical privileges.

(14) The director of medical affairs, who may make a separate recommendation to the Wexner medical center board, shall directly communicate the final recommendation of the medical staff administrative committee to the Wexner medical center board. When the Wexner medical center board has acted, the director of medical affairs will transmit the final decision to the clinical department chief, the applicant, the respective department chairperson and/or division director, and the Ohio state university board of trustees.

(F) Procedure for reappointment.

(1) Reappointment for all categories of the medical staff shall be for a period not to exceed thirty-six months. An appointment or grant of privileges for a period of less than thirty-six months shall not be deemed an adverse action. At least ninety days prior to the end of the medical staff member' or licensed allied health professional's appointment period, the clinical department chief shall provide each individual with an application for reappointment to the medical staff on forms prescribed by the medical staff administrative committee.

(2) The reappointment application shall include all information necessary to update and evaluate the qualification of the applicant. The clinical department chief shall review the information available on each applicant for reappointment and shall make recommendations regarding reappointment to the medical staff and for granting of privileges for the ensuing appointment period. The clinical department chief's recommendation shall be transmitted in writing along with the signed and completed reappointment forms to the appropriate department chairperson and/or division director at least forty-five days prior to the end of the individual's appointment. The terms of paragraphs (A), (B), (C), (D), (E)(1), and (E)(2) of this rule shall apply to all applicants for reappointment. Only completed applications for reappointment shall be considered by the credentials committee.

(3) An application for reappointment is complete when all the information requested on the reappointment application is provided, the reappointment form is signed by the applicant, and the information is verified, and no need for additional or clarifying information is identified. A completed reappointment application must contain:

(a) Evidence of current professional medical malpractice liability insurance required for the exercise of clinical privileges;

(b) Verification by primary source documentation of state licensure;

(c) DEA registration when required for clinical privileges as requested;

(d) Successful completion or record of any additional post graduate medical or professional education not submitted since initial or last appointment;

(e) Board certification, recertification, or continued active candidacy for certification or applicant qualifies for a waiver pursuant to paragraph (A)(5) of this rule.

(f) Information from the national practitioner data bank;

(g) Verification that the applicant has not been excluded from any federally funded health care program;

(h) Specific requests for any changes in clinical privileges sought at reappointment with supporting documentation as required by credentialing guidelines;

(i) Specific requests for any changes in medical staff category;

(j) A summary of the member's clinical activity during the previous appointment period;

(k) Verification of completion of any annual education requirements approved by the medical staff administrative committee and maintained in the chief medical officer's office;

(l) Complete disclosure by individuals of claims, suits, verdicts and settlements, if any since last appointment; and

(m) Continuing medical education and applicable continuing professional education activities: documentation of category one CME that, at least in part, relates to the individual medical staff member's specialty or subspecialty area and is consistent with the licensing requirements of the applicable Ohio state licensing board shall be required.

(n) Attending physicians only: submit information summarizing clinical research activities with each application.

(o) Attestation of current OARRS account for all applicants who have a DEA registration.

(4) The applicant for reappointment shall be required to submit any reasonable evidence of current ability to perform the clinical privileges requested. The clinical department chief shall review and evaluate the reappointment application and the supporting documentation. The clinical department chief shall evaluate all matters relevant to recommendation, including: the applicant's professional competence; clinical judgment; clinical or technical skills; ethical conduct; participation in medical staff affairs, if applicable; compliance with the bylaws, rules and regulations of the medical staff, the Wexner medical center board, and the board of trustees of the Ohio state university; cooperation with the CHRI hospitals personnel and the use of the CHRI hospital's facilities for patients; relations with other physicians other health professionals or other staff; maintenance of a professional attitude toward patients; and the responsibility to the CHRI and the public.

(5) The clinical department chief shall submit a report of those findings along with a recommendation on reappointment to the applicant's respective CHRI department chairperson and/or division director. Licensed allied health professional applicants will have their clinical department chief's report submitted to the subcommittee of the credentials committee charged with review of application for associates to the medical staff. The department chairperson and/or division director shall review the reappointment application and forward to the medical director of credentialing with a recommendation for reappointment. The medical director of credentialing shall forward the reappointment forms and the recommendations of the clinical department chief and department chairperson and/or division director to the credentials committee. The credentials committee shall review the request for reappointment in the same manner, and with the same authority, as an original application for medical staff membership. The credentials committee shall review all aspects of the reappointment application including source verification of the member's quality assurance record for continuing membership qualifications and for continuing clinical privileges. The credentials committee shall review each member's performance-based profile to ensure that all medical staff members deliver the same level of quality of care with similar delineated clinical privileges across all clinical departments and across all categories of medical staff membership.

(6) The credentials committee shall forward its recommendations to the medical director of credentialing at least thirty days prior to the end of the period of appointment for the individual. The medical director of credentialing shall transmit the completed reappointment application and recommendation of the credentials committee to the medical staff administrative committee.

(7) Failure of the member to submit a reappointment application shall be deemed a voluntary resignation from the medical staff and shall result in automatic termination of membership and all clinical privileges at the end of the medical staff member's current appointment period, action which shall not be subject to a hearing or appeal pursuant to rule 3335-111-06 of the Administrative Code. A request for reappointment subsequently received from a member who has been automatically terminated shall be processed as a new appointment.

(8) Failure of the clinical department chief to act in a timely manner on an application for reappointment shall be the same as provided in paragraph (E)(7) of this rule.

(9) The medical staff administrative committee shall review each request for reappointment in the same manner and with the same authority as an original application for appointment to the medical staff and shall accept, reject, or modify the request for reappointment in the same manner and with the same authority as an original application. The recommendation of the medical staff administrative committee regarding reappointment shall be communicated by the medical director of credentialing, along with the recommendation of the director of medical affairs, to the quality and professional affairs committee of the Wexner medical center board, and thereafter to the Wexner medical center board. When the Wexner medical center board has acted, the chair of the Wexner medical center board shall instruct the director of medical affairs to transmit the final decision to the clinical department chief, the applicant, and the department chairperson and/or division director.

(10) When the decision of the medical staff administrative committee results in a decision of non-reappointment or reduction, suspension, or revocation of clinical privileges, the medical staff administrative committee shall instruct the medical director of credentialing to give written notice to the affected member of the decision, the stated reason for the decision, and the member's right to a hearing pursuant to rule 3335-111-06 of the Administrative Code. This notification and an opportunity to exhaust the appeal process shall occur prior to an adverse decision unless the provisions outlined in paragraph (C) of rule 3335-111-06 of the Administrative Code apply. The notice by the medical director of credentialing shall be sent certified return receipt mail to the affected member's last known address as determined by the Ohio state university records.

(11) If the affected member of the medical staff does not make a written request for a hearing to the director of medical affairs within thirty-one days after receipt of the adverse decision, it shall be deemed a waiver of the right to any hearing or appeal as provided in rule 3335-111-06 of the Administrative Code to which the staff member might otherwise have been entitled on the matter. If a timely, written request for hearing is made, the procedures set forth in rule 3335-111-06 of the Administrative Code shall apply.

(G) Resumption of clinical activities following a leave of absence:

(1) A member of the medical staff or credentialed provider shall request a leave of absence in writing for good cause shown such as medical reasons, educational and research reasons or military service to the chief of clinical service and the director of medical affairs. Such leave of absence shall be granted at the discretion of the chief of the clinical service and the director of medical affairs provided, however, such leave shall not extend beyond the term of the member's or credentialed provider's current appointment. A member of the medical staff or credentialed provider's who is experiencing health problems that may impair his or her ability to care for patients has the duty to disclose such impairment to his or her chief of clinical department and the director of medical affairs and the member or credentialed provider's shall be placed on immediate medical leave of absence until such time the member or credentialed provider's can demonstrate to the satisfaction of the director of medical affairs that the impairment has been sufficiently resolved and can request for reinstatement of clinical activities. During any leave of absence, the member or credentialed provider's shall not exercise his or her clinical privileges, and medical staff responsibilities and prerogatives shall be inactive.

(2) The member or credentialed provider's must submit a written request for the reinstatement of clinical privileges to the chief of the clinical service. The chief of the clinical service shall forward his recommendation to the credentialing committee which, after review and consideration of all relevant information, shall forward its recommendation to the medical staff administrative committee and the quality and professional affairs committee of the Wexner medical center board. The credentials committee, the director of medical affairs, the medical director of credentialing, the chief of the clinical service or the medical staff administrative committee shall have the authority to require any documentation, including advice and consultation from the member's or credentialed provider's treating physician or the committee for practitioner health that might have a bearing on the medical staff member's or credentialed provider's ability to carry out the clinical and educational responsibilities for which the medical staff is seeking privileges. Upon return from a leave of absence for medical reasons the medical staff member or credentialed provider's must demonstrate his or her ability to exercise his or her clinical privileges upon return to clinical activity.

(3) All members or credentialed provider's of the medical staff who take a leave of absence for medical or non-medical reasons must be in good standing on the medical staff upon resumption of clinical activities. No member shall be granted leave of absence in excess of his or her current appointment and the usual procedure for appointment and reappointment, including deadlines for submission of application as set forth in this rule will apply irrespective of the nature of the leave. Absence extending beyond his or her current term of failure to request reinstatement of clinical privileges shall be deemed a voluntary resignation from the medical staff and of clinical privileges, and in such event, the member or credentialed provider shall not be entitled to a hearing or appeal.

Last updated January 20, 2026 at 8:18 AM

History

  • Effective: January 16, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-06

(A) Right to hearing before the medical staff administrative committee and to appellate review.

(1) When a member of the medical staff has exhausted remedies under paragraph (F) of rule 3335-111-04 of the Administrative Code on reappointments; or under rule 3335-111-05 of the Administrative Code for corrective action; or who has been summarily suspended under paragraph (D) of rule 3335-111-05 of the Administrative Code, the staff member shall be entitled to an adjudicatory hearing.

(2) A medical staff member shall not be entitled to a hearing under the following circumstances:

(a) Denial of the Wexner medical center board to grant a waiver of board certification for a medical staff member.

(b) Termination of a medical staff member because of exclusion from participation in any government reimbursement program.

(c) Voluntary withdrawal of a medical staff application.

(d) Failure to submit a reappointment application.

(e) A leave of absences extending beyond current appointment or failure to request reinstatement of clinical privileges following a leave of absence.

(f) Actions or recommendations resulting from an informal peer review.

(3) All hearings and appellate reviews shall be in accordance with the procedural safeguards set forth in this rule to assure that the affected medical staff member is accorded all rights to which the member is entitled.

(B) Request for hearing

(1) The request for a hearing shall be submitted in writing by the affected medical staff member to the chief executive officer within thirty days of notifications by the chief executive officer of the intended action. The chief executive officer shall forward the request to the medical staff administrative committee along with instructions to convene a hearing.

(2) The failure of a medical staff member to request a hearing to which the member is entitled by university bylaws within the time and in the manner herein provided, shall be deemed a waiver of the member's right to any review by the medical staff administrative committee to which the member might otherwise been entitled. The chief executive officer shall then implement the decision and that action shall become and remain effective against the medical staff member in the same manner as a final decision of the Wexner medical center board as provided for in paragraph (E) of this rule. The chief executive officer shall promptly inform the affected medical staff member that the proposed decision, which had entitled the medical staff member to a hearing, has now become final.

(C) Notice of hearing.

(1) After receipt of a timely request for hearing by the chief executive officer from a medical staff member entitled to such hearing, the medical staff administrative committee shall be notified of the request for hearing by the chief executive officer, and shall at the next scheduled meeting take the following action:

(a) Instruct the director of medical affairs and chief of staff to jointly appoint within seven days a hearing committee, consisting of three to five members of the medical staff who are not members of the medical staff administrative committee, are not direct competitors, do not have a conflict of interest, and who have not previously participated in the peer review of the matter under consideration;

(b) Instruct the hearing committee to schedule and arrange for a hearing which hearing shall be conducted not less than thirty nor more than sixty days from the date of the receipt of the request for a hearing by the chief executive officer. However, an initial hearing or meeting for a medical staff member who is under summary suspension, which is then in effect, shall be held as soon as arrangements may be reasonably made.

(2) The medical staff member shall be given at least ten days prior notice of the scheduled hearing, provided that the medical staff member may waive this notice in writing. Notice shall be by certified return receipt mail to the staff member at the staff member's last known address as reflected by university records. The notice of hearing shall state in concise language the acts or omissions with which the medical staff member is charged; a list of representative medical records or documents being used; names of potential witnesses to be called; and any other reason or evidence that may be considered by the hearing committee during the hearing.

(D) Conduct of hearing.

(1) The hearing committee shall select a chairperson from the committee to preside over the hearing. The chairperson may require a representative for the individual and for the medical staff administrative committee (or the Wexner medical center board) to participate in a pre-hearing conference. At the pre-hearing conference, the chairperson shall resolve all procedural questions, including any objections to exhibits or witnesses, the role of legal counsel, and determine the time to be allotted to each witness's testimony and cross-examination. The hearing committee shall have benefit of Ohio state university legal counsel. The hearing committee may grant continuances, recesses, and the chairperson may excuse a member of the hearing committee from attendance temporarily for good cause, provided that there shall be at no time less than two members of the hearing committee present unless the affected staff member waives this requirement.

All members of the hearing committee must be present to deliberate and vote. No member may vote by proxy. The person who has taken the action from which the affected staff member has requested the hearing shall not participate in the deliberation or voting of the hearing committee. The hearing shall be a de novo hearing, although evidence of the prior recommendations and decisions may be presented.

(2) An accurate record of the hearing shall be kept. The record shall be done by the use of a professional stenographer. This record shall be available to the affected member of the medical staff upon request at the affected member's expense.

(3) The personal presence of the medical staff member for whom the hearing has been scheduled shall be required. A medical staff member who fails without good cause to appear and proceed at such hearing shall be deemed to have waived the right to appear and to have a hearing before the medical staff administrative committee in the same manner as provided in paragraph (B) of this rule, and to have accepted the adverse recommendation or decision involved and the same shall therein become and remain in effect as provided in paragraph (B) of this rule. The hearing committee may, at its own discretion, proceed with the hearing without the medical staff member and impose a sanction.

(4) Postponements of hearings beyond the time set forth in this chapter shall be made only with the approval of the medical staff administrative committee. Granting of such postponement shall be only for good cause shown.

(5) The hearing need not be conducted strictly according to the rules of law related to the examination of witnesses or presentation of evidence. Any relevant matters upon which responsible persons customarily rely in the conduct of serious affairs shall be considered, regardless of the existence of any common law or statutory rule which might make evidence inadmissible over objection in civil or criminal action. The member of the medical staff for whom the hearing is being held shall, prior to, or during the hearing, be entitled to submit memoranda concerning any issues of procedure or of fact and such memoranda shall become a part of the hearing record.

(6) The affected medical staff member shall have the following rights: to be represented by an attorney at law and to call and examine witnesses; to introduce evidence; to cross-examine any witnesses on any matter relevant to the issue of the hearing; and to challenge any witness and to rebut any evidence. If the medical staff member does not testify in his/her own behalf, the member may be called and examined as if under cross-examination.

(7) The hearing committee shall request the person who has taken the action from which the affected medical staff member has requested the hearing to present evidence to the hearing committee in support of the adverse recommendation. The hearing committee may proceed to hear evidence and testimony from either party in whatever order the hearing committee deems appropriate. The hearing committee may call its own witnesses, may recall any party's witnesses, and may question witnesses as it deems appropriate. All parties shall be responsible to secure the attendance of their own witnesses. All witnesses and evidence received by the hearing committee shall be open to challenge and cross-examination by the parties. Witnesses shall not be placed under oath. At the close of the evidence the hearing committee may request each party to make summary statements, either oral or written.

(8) The hearing committee may, without special notice, recess the hearing and reconvene the same for the convenience of the participants or for the purpose of obtaining new or additional evidence or consultation. The hearing committee shall make its best effort to expeditiously determine the issues presented. The hearing committee may limit its proceedings when sufficient material has been received. The parties may be required to provide evidence in oral or written form. Upon conclusion of the presentation of evidence the hearing shall be closed. The hearing committee may there upon, at a time convenient to itself, conduct its deliberations outside the presence of the medical staff member for whom the hearing was convened.

(9) Within sixty days after its appointment, unless otherwise extended by the medical staff administrative committee, the hearing committee shall forward its written report and recommendation together with the transcript of the hearing and all other documentation presented by the parties to the medical staff administrative committee. The affected member shall be notified of the recommendation of the hearing committee including a statement of the basis for the recommendation. The medical staff administrative committee shall accept, reject, or modify the recommendation of the hearing committee. The medical staff administrative committee may conduct further hearings as it deems necessary or may remand the matter back to the hearing committee for further action as directed. The medical staff administrative committee may impose a greater or lesser sanction than that recommended by the hearing committee.

(10) Within fourteen days after the conclusion of the taking of all evidence and of all hearings, the medical staff administrative committee shall make a written report of its findings and its recommendation and shall forward the same together with the hearings record and all other documentation to the chairperson of the Wexner medical center board. Notice of that decision shall be sent certified return receipt mail to the affected medical staff member at the member's last known address as determined by university records by the director.

(11) The decision and record of the medical staff administrative committee shall be transmitted to the quality and professional affairs committee of the Wexner medical center board, which shall, subject to the affected member's right to appeal and implementation of paragraph (E) of this rule, consider the matter at its next scheduled meeting, or at a special meeting to be held no less than thirty days following receipt of the transmittal. The quality and professional affairs committee of the Wexner medical center board may accept, reject, or modify the decision of the medical staff administrative committee.

(12) The recommendation of the quality and professional affairs committee of the Wexner medical center board shall be promptly considered by the Wexner medical center board at its next scheduled meeting. The Wexner medical center board may accept, reject, or modify the recommendation of the quality and professional affairs committee of the Wexner medical center board.

(13) A copy of the Wexner medical center board decision shall be sent by certified return receipt mail to the affected medical staff member at the member's last known address as determined by university records.

(E) Appeal process.

(1) Within thirty days after receipt of a notice by an affected medical staff member of the action of the medical staff administrative committee the staff member may, by written notice to the chairperson of the Wexner medical center board, request an appeal. Such appeal shall only be held on the record before the medical staff administrative committee.

(2) If an appeal is not requested within the thirty-day period, the affected medical staff member shall be deemed to have waived the right to an appeal, and to have accepted such adverse decision.

(3) The appeal shall be conducted by the quality and professional affairs committee of the Wexner medical center board.

(4) The affected medical staff member shall have access to the reports and records, including transcripts, if any, of the medical staff administrative committee and all other material, favorable or unfavorable, that have been considered by that committee. The member shall then submit a written factual statement specifying those factual and procedural matters with which the member disagrees, and the reasons for such disagreement. This written statement may cover any matters raised at any step in the procedure to which the appeal is related, and legal counsel may assist in its preparation. Such written statement shall be submitted to the quality and professional affairs committee of the Wexner medical center board no later than seven days following the date of the affected member's notice of appeal.

(5) New or additional matters not raised during the hearing procedure or in the medical staff administrative committee hearings shall only be introduced on appeal at the sole discretion of the quality and professional affairs committee of the Wexner medical center board.

(6) Within fourteen days following submission of the written statement by the affected medical staff member, the quality and professional affairs committee shall recommend to the Wexner medical center board that the adverse decision be affirmed, modified or rejected, or to refer the matter back to the medical staff administrative committee for further review and recommendation. Such referral to the medical staff administrative committee may include a request for further investigation.

(7) Any final decision by the Wexner medical center board shall be communicated by the chief executive officer by certified return receipt mail to the affected medical staff member at the member's last known address as determined by university records. The chief executive officer shall also notify in writing the executive vice president for health sciences, the dean of the college of medicine, the chief medical officer of OSU medical center, the vice president for health services, the director of medical affairs, chief of staff, the department chairperson and/or division director, clinical department chief and the academic department chairperson and the person(s) who initiated the request for formal peer review. The chief executive officer shall take immediate steps to implement the final decision.

Last updated December 29, 2023 at 11:25 AM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-07

The medical staff of the CHRI shall be divided into honorary, physician scholar, attending, associate attending, clinical attending, consulting medical staff and limited designations. All medical staff members with admitting privileges may admit patients in accordance with state law and criteria for standards of care established by the medical staff. Medical staff members who do not wish to obtain any clinical privileges shall be exempt from the requirements of medical malpractice liability insurance, DEA registration, demonstration of recent active clinical practice during the last three years and specific annual education but are otherwise subject to the provisions of university bylaws.

(A) Honorary staff.

The honorary staff will be composed of those individuals who are recognized for outstanding reputation, notable scientific and professional contributions, and high professional stature in an oncology field of interest. The honorary staff designation is awarded by the Wexner medical center board on the recommendation of the chief executive officer of the CHRI, executive vice president for health sciences, department chairperson and/or division director, or the credentials committee after approval by the medical staff administrative committee. This is a lifetime appointment. Honorary staff are not entitled to patient care privileges.

(B) Physician scholar medical staff.

(1) Qualifications: The physician scholar medical staff shall be composed of those faculty members of the colleges of medicine and dentistry who are recognized for outstanding reputation, notable scientific and professional contributions, and high professional stature. This medical staff category includes but is not limited to emeritus faculty members. Nominations may be made to the chair of the credentialing committee who shall present the candidate to the medical staff administrative committee for approval.

(2) Prerogatives: Members of the physician scholar medical staff shall have access to the CHRI and shall be given notice of all medical staff activities and meetings. Members of the physician scholar medical staff shall enjoy all rights of an attending medical staff member except physician scholar members shall not possess clinical privileges.

(3) Physician scholar medical staff must have either a full license or an emeritus registration by the state medical board of Ohio.

(C) Attending medical staff.

(1) Qualifications:

The attending staff shall consist of those regular faculty members of the colleges of medicine and dentistry who are licensed or certified in the state of Ohio, whose practice is at least seventy-five per cent oncology and with a proven career commitment to oncology as demonstrated by the majority of the following:

Training, current board certification (as specified in paragraph (A)(5) of rule 3335-111-04 of the Administrative Code), publications, grant funding, other funding and experience (as deemed appropriate by the chief executive officer and the department chairperson and/or division director); and who satisfy the requirements and qualifications for membership set forth in rule 3335-111-04 of the Administrative Code.

(2) Prerogatives:

Attending staff members may:

(a) Admit patients consistent with the balanced teaching and patient care responsibilities of the CHRI. When, in the judgment of the director of medical affairs, a balanced teaching program is jeopardized, following consultation with the chief executive officer, the clinical department chief and with the concurrence of a majority of the medical staff administrative committee, the director of medical affairs may restrict admissions. Imposition of such restrictions shall not entitle the attending staff member to a hearing or appeal pursuant to rule 3335-111-06 of the Administrative Code.

(b) Be free to exercise such clinical privileges as are granted pursuant to university bylaws.

(c) Vote on all matters presented at general and special meetings of the medical staff and committees of which he or she is a member unless otherwise provided by resolution of the medical staff, clinical department or committee and approved by the medical staff administrative committee.

(d) Hold office in the medical staff organization, clinical departments and committees of which they are a member, unless otherwise provided by resolution of the medical staff, clinical department or committee and approved by the medical staff administrative committee.

(3) Responsibilities:

An attending staff member shall:

(a) Meet the basic responsibilities set forth in rules 3335-111-02 and 3335-111-03 of the Administrative Code.

(b) Retain responsibility within the member's area of professional competence for the continuous care and supervision of each patient in the CHRI for whom he or she is providing care, or arrange a suitable alternative for such care and supervision.

(c) Actively participate in such quality evaluation and monitoring activities as required by the medical staff, and discharge such staff functions as may be required from time to time.

(d) Satisfy the requirements set forth in rule 3335-111-13 of the Administrative Code for attendance at medical staff meetings and meetings of those committees of which they are a member.

(e) Supervise members of the limited staff in the provision of patient care in accordance with accreditation standards and policies and procedures of approved clinical training programs. It is the responsibility of the attending physician to authorize each member of the limited staff to perform only those services that the limited staff member is competent to perform under supervision.

(f) Supervise other licensed allied health professionals as necessary in accordance with accreditation standards and state law. It is the responsibility of the attending physician to authorize each licensed allied health professional to perform only those services which the licensed allied health professional is privileged to perform.

(g) Take call as assigned by the clinical department chief.

(D) Associate attending staff.

(1) Qualifications:

The associate attending staff shall consist of those regular faculty members of the colleges of medicine and dentistry who do not qualify for attending staff appointment.

(2) Prerogatives:

The associate attending staff may:

(a) Admit patients consistent with the balanced teaching and patient care responsibilities of the institution. When, in the judgment of the director of medical affairs, a balanced teaching program is jeopardized, following consultation with the chief executive officer, the clinical department chief and with the concurrence of a majority of the medical staff administrative committee, the director of medical affairs may restrict admissions. Imposition of such restrictions shall not entitle the associate attending staff member to a hearing or appeal pursuant to rule 3335-111-06 of the Administrative Code.

(b) Be free to exercise such clinical privileges as are granted pursuant to the bylaws.

(c) Vote on all matters presented at general and special meetings of the medical staff and committees of which he or she is a member unless otherwise provided by resolution of the staff, clinical department or committee and approved by the medical staff administrative committee.

(d) The associate attending staff member may not vote on amendments to the bylaws.

(3) Responsibilities:

Associate attending staff members shall:

(a) Meet the basic responsibilities set forth in rules 3335-111-02 and 3335-111-03 of the Administrative Code.

(b) Retain responsibility within the member's care area of professional competence for the continuous care and supervision of each patient in the CHRI for whom the member is providing care, or arrange a suitable alternative for such care and supervision including the supervision of interns, residents and fellows assigned to their service.

(c) Actively participate in such quality evaluation and monitoring activities as required by the staff and discharge such staff functions as may be required from time to time.

(d) Satisfy the requirements set forth in rule 3335-111-13 of the Administrative Code for attendance at medical staff meetings and meetings of those committees of which they are a member.

(E) Clinical attending staff.

(1) Qualifications:

The clinical attending staff shall consist of those clinical faculty members of the colleges of medicine and dentistry who have training, expertise, and experience in oncology, as determined by the chief executive officer in consultation with the department chairperson and/or division director and who satisfy the requirements and qualifications for membership set forth in rule 3335-111-04 of the Administrative Code.

(2) Prerogatives:

The clinical attending staff may:

(a) Admit patients which complement the research and clinical teaching program. At times when hospital beds or other resources are in short supply, patient admissions of clinical staff shall be subordinate to those of attending or associate attending staff.

(b) Be free to exercise such clinical privileges as are granted pursuant to university bylaws.

(c) Attend meetings as non-voting members of the medical staff and any medical staff or hospital education programs. The clinical attending staff may not hold elected office in the medical staff organization.

(3) Responsibilities:

(a) Meet the basic responsibilities set forth in rules 3335-111-02 and 3335-111-03 of the Administrative Code.

(b) Retain responsibility within the member's area of professional competence for the continuous care and supervision of each patient in the CHRI for whom the member is providing care, or arrange a suitable alternative for such care and supervision including the supervision of interns, residents and fellows assigned to their service.

(c) Actively participate in such quality evaluation and monitoring activities as required by the staff and discharge such staff functions as may be required from time to time.

(d) Satisfy the requirements set forth in rule 3335-111-13 of the Administrative Code for attendance at medical staff meetings and meetings of those committees of which they are a member.

(e) Supervise members of the limited staff in the provision of patient care in accordance with accreditation standards and policies and procedures of approved clinical training programs. It is the responsibility of the attending physician to authorize each member of the limited staff to perform only those services which the limited staff member is competent to perform under supervision.

(f) Supervise other licensed allied health professionals as necessary in accordance with accreditation standards and state law. It is the responsibility of the attending physician to authorize each licensed allied health professional to perform only those services which the licensed allied health professional is privileged to perform.

(F) Consulting medical staff.

(1) Qualifications.

The consulting medical staff shall consist of those faculty members of the colleges of medicine and dentistry who:

(a) Satisfy the requirements and qualifications for membership set forth in rule 3335-111-04 of the Administrative Code.

(b) Are consultants of recognized professional ability and expertise who provide a service not readily available from the attending medical staff. These practitioners provide services to James patients only at the request of attending or associate attending members of the medical staff.

(c) Demonstrate participation on the active medical staff at another accredited hospital requiring performance improvement/quality assessment activities similar to those of the hospitals of the Ohio state university. The practitioner shall also hold at such other hospital the same privileges, without restriction, that he/she is requesting at the James cancer hospital. An exception to this qualification may be made by the Wexner medical center board provided the practitioner is otherwise qualified by education, training and experience to provide the requested service.

(2) Prerogatives:

Consulting medical staff members may exercise the clinical privileges granted for consultation purposes on an occasional basis when requested by an attending or associate attending medical staff member.:

(a)

(b) Have access to all medical records and be entitled to utilize the facilities of the Ohio state university hospitals and James cancer hospital incidental to the clinical privileges granted pursuant to university bylaws.

(c) Not admit patients to the Ohio state university hospitals or James cancer hospital.

(d) Not vote on medical staff policies, rules and regulations, or bylaws, and may not hold office.

(e) Must actively participate in such quality evaluation and monitoring activities as required by the medical staff and as outlined in the medical staff policy entitled "consulting medical staff member policy."

(f) Attend medical staff meetings, but shall not be entitled to vote at such meetings or hold office.

(g) Attend department meetings, but shall not be entitled to vote at such meetings or serve as clinical department chief.

(h) Serve as a non-voting member of a medical staff committee; provided, however, that he/she may not serve as a committee chair or as a member of the medical staff administrative committee.

(3) Responsibilities.

Each member of the consulting medical staff shall:

(a) Meet the basic responsibilities set forth in rules 3335-111-02 and 3335-111-03 of the Administrative Code.

(b) Be exempt from all medical staff dues.

(G) Contracted.

(1) Qualifications: contracted medical staff shall consist of those members who meet the requirements for medical staff membership and are providing services to CHRI patients exclusively through a contract with the CHRI. Contracted medical staff members shall meet and maintain the same standards for quality patient care applicable to all members of the medical staff and shall be subject to these bylaws and the rules and regulations of the medical staff except as provided in this paragraph.

Contracted medical staff shall not be required to obtain appointment to the faculty of the Ohio state university. Contracted medical staff shall not be eligible to vote on medical staff policies, rules and regulations, or bylaws, shall not be eligible to hold office or required to pay medical staff dues.

(2) Prerogatives.

Contracted medical staff may exercise such clinical privileges as are granted pursuant to these bylaws.

(a)

(3) Any contacted medical staff member whose membership has been terminated due to loss of contract and/or clinical privileges shall not be entitled to request a hearing and appeal in accordance with rule 3335-111-06 of the Administrative Code.

(H) Limited staff.

Limited staff are not considered members of the medical staff, do not have delineated clinical privileges, and do not have the right to vote in general medical staff elections. Except where expressly stated, limited staff are bound by the terms of university bylaws, rules and regulations of the medical staff and the limited staff agreement.

(1) Qualifications:

The limited staff shall consist of doctors of medicine, osteopathic physicians, dentists and practitioners of podiatry or psychology who are accepted in good standing by a program director into a postdoctoral graduate medical education program and appointed to the limited staff in accordance with university bylaws. The limited staff shall maintain compliance with the requirements of state law, including regulations adopted by the Ohio state medical board, or the limited staff member's respective licensing board.

Members of the limited staff shall possess a valid training certificate or an unrestricted Ohio license from the applicable state board based on eligibility criteria defined by that state board. All members of the limited staff shall be required to successfully obtain an Ohio training certificate prior to beginning training within a program.

(2) Responsibilities:

The limited staff shall:

(a) Be responsible to respond to all questions and complete all forms as may be required by the credentials committee.

(b) Participate fully in the teaching programs, conferences, and seminars of the clinical department in which he or she is appointed in accordance with accreditation standards and policies and procedures of the graduate medical education committee and approved clinical training programs.

(c) Participate in the care of all patients assigned to the limited staff member under the appropriate supervision of a designated member of the attending medical staff in accordance with accreditation standards and policies and procedures of the clinical training programs. The clinical activities of the limited staff shall be determined by the program director appropriate for the level of education and training. Limited staff shall be permitted to perform only those services that they are authorized to perform by the member of the attending medical staff based on the competence of the limited staff to perform such services. The limited staff may admit or discharge patients only when acting on behalf of the attending, associate attending or clinical attending medical staff. The limited staff member shall follow all rules and regulations of the service to which he or she is assigned, as well as the general rules of the CHRI pertaining to limited staff.

(d) Serve as full members of the various medical staff committees in accordance with established committee composition as described in university bylaws and/or rules and regulations of the medical staff. The limited staff member shall not be eligible to vote or hold elected office in the medical staff organization, but may vote on committees to which the limited staff member is assigned.

(e) Be expected to make regular satisfactory professional progress including anticipated certification by the respective specialty or subspecialty program of post-doctoral training in which the limited staff member is enrolled. Evaluation of professional growth and appropriate humanistic qualities shall be made on a regular schedule by the clinical department chief, program director, teaching faculty or evaluation committee in accordance with accreditation standards and policies and procedures of the approved training programs.

(f) Appeal by a member of the limited staff of probation, lack of promotion, suspension or termination for failure to meet expectations for professional growth or failure to display appropriate humanistic qualities or failure to successfully complete any other competency as required by the accreditation standards of an approved training program will be conducted and limited in accordance with written guidelines established by the respective academic department or training program and approved by the program director and the Ohio state university's graduate medical education committee as delineated in the limited staff agreement and by the graduate medical education policies.

Alleged misconduct by a member of the limited staff, for reasons other than failure to meet expectations of professional growth as outlined in this paragraph, shall be handled in accordance with rules 3335-111-05 and 3335-111-06 of the Administrative Code.

(3) Failure to meet reasonable expectations:

Termination of employment from the limited staff member's residency or fellowship training program shall result in automatic termination of the limited staff member's appointment pursuant to university bylaws.

(4) Temporary appointments:

(a) Limited staff members who are Ohio state university faculty may be granted an early commencement or an extension of appointment upon the recommendation of the chief of the clinical department, with prior concurrence of the associate dean for graduate medical education, when it is necessary for the limited staff member to begin his or her training program prior to or extend his or her training program beyond a regular appointment period. The appointment shall not exceed sixty days.

(b) Temporary appointments may be granted upon the recommendation of the chief of the clinical department, with prior concurrence of the associate dean for graduate medical education, for limited staff members who are not Ohio state university faculty but who, pursuant to education affiliate agreements approved by the university, need to satisfy approved graduate medical education clinical rotation requirements. These appointments shall not exceed a total of one hundred twenty days in any given post-graduate year. In such cases, the mandatory requirement for a faculty appointment may be waived. All other requirements for limited staff member appointment must be satisfied.

(5) Supervision:

Limited staff members shall be under the supervision of an attending, associate attending or clinical attending medical staff member. Limited staff members shall have no privileges as such but shall be able to care for patients under the supervision and responsibility of their attending, associate attending or clinical attending medical staff member. The care they extend will be governed by these bylaws and the general rules and regulations of each clinical department. The practice of care shall be limited by the scope of privileges of their attending, associate attending or clinical attending medical staff member. Any concerns or problems that arise in the limited staff member's performance should be directed to the attending, associate attending or clinical attending medical staff member or the director of the training program.

(a) Limited staff members may write admission, discharge and other orders for the care of patients under the supervision of the attending, associate attending or clinical attending medical staff member.

(b) All records of limited staff member cases must document involvement of the attending, associate attending or clinical attending medical staff member in the supervision of the patient's care to include co-signature of the admission order history and physical, operative report, and discharge summary.

(I) Associates to the medical staff.

(1) Qualifications:

Licensed health care professionals are those professionals who possess a license, certificate or other legal credential required by Ohio law to provide direct patient care in a hospital setting, but who are not acting as licensed independent practitioners.

(2) Due process:

Licensed health care professionals are subject to corrective action for violation of university rules, their certificate of authority, standard care agreement, utilization plan or the provisions of their licensure, including professional ethics. Corrective action may be requested by any member of the medical staff, the clinical department chief, the chairperson of an academic department, the department chairperson and/or division director, the medical director of credentialing or the director of medical affairs. All requests shall be in writing and be submitted to the director of medical affairs.

The director of medical affairs shall appoint a three-person committee to review the situation and recommend appropriate corrective action, including termination or suspension of clinical privileges. The committee shall consist of at least one licensed health care professional licensed in the same field as the individual being reviewed, if available, and one medical staff member. The committee shall make a written recommendation to the director of medical affairs, who may accept, reject or modify the recommendation. The decision of the director of medical affairs shall be final.

(J) Temporary medical staff appointment.

(1) Outside peer review. When peer review activities are being conducted by someone other than a current member of the medical staff, the chief medical officer or director of medical affairs may admit a practitioner to the medical staff for a limited period of time. Such membership is solely for the purpose of conducting peer review in a particular evaluation and this temporary membership automatically expires upon the member's completion of duties in connection with such peer review. Such appointment does not include clinical privileges, and is for a limited purpose.

(2) Proctoring. Temporary privileges may be extended to visiting physician or visiting medical faculty for special clinical or educational activities as permitted by the Ohio state medical or dental board. When medical staff members require proctoring for the purposes of gaining experience to become credentialed to perform a procedure, a visiting medical faculty or visiting physician may apply for temporary privileges pursuant to the medical staff proctoring policy.

(K) Clinical privileges.

(1) Delineation of clinical privileges:

(a) Every person practicing at the CHRI by virtue of medical staff membership, faculty appointment, contract or under authority granted in university bylaws shall, in connection with such practice, be entitled to exercise only those clinical privileges specifically applied for and granted to the staff member or other licensed allied health professional by the Wexner medical center board after recommendation from the medical staff administrative committee.

(b) Each clinical department and CHRI department and/or division shall develop specific clinical criteria and standards for the evaluation of privileges with emphasis on invasive or therapeutic procedures or treatment which represent significant risk to the patient or for which specific professional training or experience is required. Such criteria and standards are subject to the approval of the medical staff administrative committee and the Wexner medical center board.

(c) Requests for the exercise and delineation of clinical privileges must be made as part of each application for appointment or reappointment to the medical staff on the forms prescribed by the medical staff administrative committee. Every person in an administrative position who desires clinical privileges shall be subject to the same procedure as all other applicants. Requests for clinical privileges must be submitted to the chief of the clinical department in which the clinical privileges will be exercised. Clinical privileges requested other than during appointment or reappointment to the medical staff shall be submitted to the chief of the clinical department and such request must include documentation of relevant training or experience supportive of the request.

(d) The chief of the clinical department shall review each applicant's request for clinical privileges and shall make a recommendation regarding clinical privileges to the medical director of credentialing. Requests for clinical privileges shall be evaluated based upon the applicant's education, training, experience, demonstrated competence, references, and other relevant information including the direct observation and review of records of the applicant's performance by the clinical department in which the clinical privileges are exercised. Whenever possible, the review should be of primary source information. The applicant shall have the burden of establishing qualifications and competence in the clinical privileges requested and shall have the burden of production of adequate information for the proper evaluation of qualifications.

(e) The applicant's request for clinical privileges and the recommendation of the clinical department chief shall be forwarded to the credentials committee and shall be processed in the same manner as applications for appointment and reappointment pursuant to rule 3335-111-04 of the Administrative Code.

(f) Medical staff members who are granted new or initial privileges are subject to FPPE, which is a six-month period of focused monitoring and evaluation of practitioner's professional performance. Following FPPE medical staff members with clinical privileges are subject to ongoing professional practice evaluation (OPPE), which information is factored into the decision to maintain existing privileges, to revise existing privileges, or to revoke an existing privilege prior to or at the time of renewal. FPPE and OPPE are fully detailed in medical staff policies that were approved by the medical staff administrative committee and the Wexner medical center board.

(g) Upon resignation, termination or expiration of the medical staff member's faculty appointment or employment with the university for any reason, such medical staff appointment and clinical privileges of the medical staff member shall automatically expire.

(h) Medical staff members authorize the CHRI and clinics to share amongst themselves credentialing, quality and peer review information pertaining to the medical staff member's clinical competence and/or professional conduct. Such information may be shared at initial appointment and/or reappointment and at any time during the medical staff member's medical staff appointment to the medical staff of the CHRI.

(i) Medical staff members authorize the CHRI to release, in good faith and without malice, information to managed care organizations, regulating agencies, accreditation bodies and other health care entities for the purposes of evaluating the medical staff member's qualifications pursuant to a request for appointment, clinical privileges, participation or other credentialing or quality matters.

(2) Temporary and special privileges:

(a) Temporary privileges may be extended to a doctor of medicine, osteopathic medicine, dental surgery, psychologist, podiatry or to a licensed allied health professional upon completion of an application prescribed by the medical staff administrative committee, upon recommendation of the chief of the clinical department. All temporary privileges are granted by the chief executive officer or authorized designee. The temporary privileges granted shall be consistent with the applicant's training and experience and with clinical department guidelines. Prior to granting temporary privileges, primary source verification of licensure and current competence shall be required. Temporary privileges shall be limited to situations which fulfill an important patient care need and shall not be granted for a period not to exceed one hundred twenty days.

(b) Temporary privileges may be extended to visiting medical faculty or for special activity as provided by the Ohio state medical or dental boards.

(c) Temporary privileges granted for locum tenens may be exercised for a maximum of one hundred twenty days, consecutive or not, any time during the thirty-six month period following the date they are granted.

(d) Practitioners granted temporary privileges will be restricted to the specific delineations for which the temporary privileges are granted. The practitioner will be under the supervision of the chair of the clinical department while exercising any temporary privileges granted.

(e) Practitioners exercising temporary privileges shall abide by medical staff bylaws, rules and regulations, and hospital and medical staff policies.

(f) Special privileges upon receipt of a written request for specific temporary clinical privileges and the approval of the clinical department chief, the chairperson of the academic department and the director of medical affairs, an appropriately licensed or certified practitioner of documented competence, who is not an applicant for medical staff membership, may be granted special clinical privileges for the care of one or more specific patients. Such privileges shall be exercised in accordance with the conditions specified in rule 3335-111-04 of the Administrative Code.

(g) The temporary and special privileges must also be in conformity with accrediting bodies' standards and the rules and regulations of professional boards of Ohio.

(3) Expedited privileges:

If the Wexner medical center board is not scheduled to convene in a timeframe that permits the timely consideration of the recommendation of a complete application by the medical staff administrative committee, eligible applicants may be granted expedited privileges by the quality and professional affairs committee of the Wexner medical center board. Certain restrictions apply to the appointment and granting of clinical privileges via the expedited process. These include but are not limited to: an involuntary termination of medical staff membership at another hospital, involuntary limitation, or reduction, denial or loss of clinical privileges, a history of professional liability actions resulting in a final judgment against the applicant, or a challenge by a state licensing board.

(4) Podiatric privileges:

(a) Practitioners of podiatry may admit patients to the CHRI if such patients are being admitted solely to receive care that a podiatrist may provide without medical assistance, pursuant to the scope of the professional license of the podiatrist. Practitioners of podiatry must, in all other circumstances co-admit patients with a member of the medical staff who is a doctor of medicine or osteopathic medicine.

(b) A member of the medical staff who is a doctor of medicine or osteopathy:

(i) Shall be responsible for any medical problems that the patient has while an inpatient of the CHRI; and

(ii) Shall confirm the findings, conclusions and assessment of risk prior to high-risk diagnosis or therapeutic interventions defined by the medical staff.

(c) Practitioners of podiatry shall be responsible for the podiatric care of the patient including the podiatric history and physical examination and all appropriate elements of the patient's record.

(d) The podiatrist shall be responsible to the chief of the department of orthopaedics.

(5) Psychology privileges:

(a) Psychologists shall be granted clinical privileges based upon their training, experience and demonstrated competence and judgment consistent with their license to practice. Psychologists shall not prescribe drugs, or perform surgical procedures, or in any other way practice outside the area of their approved clinical privileges or expertise unless otherwise authorized by law.

(b) Psychologists may not admit patients to the CHRI, but may diagnose and treat a patient's psychological illness as part of the patient's comprehensive care while hospitalized. All patients admitted for psychological care shall receive the same medical appraisal as all other hospitalized patients. A member of the medical staff who is a doctor of medicine or osteopathic medicine shall admit the patient and shall be responsible for the history and physical and any medical care that may be required during the hospitalization, and shall determine the appropriateness of any psychological therapy based on the total health status of the patient. Psychologists may provide consultation within their area of expertise on the care of patients within the CHRI. In ambulatory settings, psychologists shall diagnose and treat their patient's psychological illness. Psychologists shall ensure that their patients receive referral for appropriate medical care.

(c) Psychologists shall be responsible to the chief of the clinical department in which they are appointed.

(6) Dental privileges:

(a) Practitioners of dentistry, who have not been granted clinical privileges as oral and maxillofacial surgeons, may admit patients to the CHRI if such patients are being admitted solely to receive care which a dentist may provide without medical assistance, pursuant to the scope of the professional license of the dentist. Practitioners of dentistry must, in all other circumstances, co-admit patients with a member of the medical staff who is a doctor of medicine or osteopathic medicine.

(b) A member of the medical staff who is a doctor of medicine or osteopathy:

(i) Shall be responsible for any medical problems that the patient has while an inpatient of the CHRI; and

(ii) Shall confirm the findings, conclusions and assessment of risk prior to high-risk diagnoses or therapeutic interventions defined by the medical staff.

(c) Practitioners of dentistry shall be responsible for the dental care of the patient including the dental history and physical examination and all appropriate elements of the patient's record.

(7) Oral and maxillofacial surgical privileges:

All patients admitted to the CHRI for oral and maxillofacial surgical care shall receive the same medical appraisal as all other hospitalized patients. Qualified oral and maxillofacial surgeons shall admit patients, shall be responsible for the plan of care for the patients, shall perform the medical history and physical examination, if they have such privileges, in order to assess the medical, surgical, and anesthetic risks of the proposed operative and other procedure(s), and shall be responsible for the medical care that may be required at the time of admission or that may arise during hospitalization.

(8) Licensed allied health professionals:

(a) Clinical privileges may be exercised by licensed allied health professionals who are duly licensed in the state of Ohio and who are either:

(i) Members of the faculty of the Ohio state university;

(ii) Employees of the Ohio state university whose employment involves the exercise of clinical privileges; or

(iii) Employees of members of the medical staff.

(b) A licensed allied health professional as used herein, shall not be eligible for medical staff membership but shall be eligible to exercise those clinical privileges granted pursuant to university bylaws and in accordance with applicable Ohio state law. If granted such privileges under this rule and in accordance with applicable Ohio state law, other licensed allied health professionals may perform all or part of the medical history and physical examination of the patient. Licensed health care professionals with privileges are subject to FPPE and OPPE.

(c) Licensed allied health professionals shall apply and re-apply for clinical privileges on forms prescribed by the medical staff administrative committee and shall be processed in the same manner as provided in rule 3335-111-04 of the Administrative Code.

(d) Licensed allied health professionals are not members of the medical staff but may write admitting orders for patients of the CHRI when granted such privileges under this rule and in accordance with applicable Ohio state law. If such privileges are granted, the patient will be admitted under the medical supervision of the responsible medical staff member. Licensed allied health professionals are not members of the medical staff and shall not be eligible to hold office, to vote on medical staff affairs, or to serve on standing committees of the medical staff unless specifically authorized by the medical staff administrative committee.

(e) Each licensed allied health professional shall be individually assigned to a clinical department and shall be supervised by or collaborate with one or more members of the medical staff as required by Ohio law. The licensed health care professional's clinical privileges are contingent upon the collaborating/supervising medical staff member's privileges. In the event that the collaborating/supervising medical staff member loses privileges or resigns, the licensed allied health care professionals whom he or she has supervised shall be placed on administrative hold until another collaborating/ supervising medical staff member is assigned. The new collaborating/supervising medical staff member shall be assigned in less than thirty days.

(f) Licensed allied health professionals must comply with all limitations and restrictions imposed by their respective licenses, certifications, or legal credentials as required by Ohio law, and may only exercise those clinical privileges granted in accordance with provisions relating to their respective professions.

(g) Only applicants who can document the following shall be qualified for clinical privileges as a licensed allied health professional:

(i) Current license, certification, or other legal credential required by Ohio law;

(ii) Certificate of authority, standard care arrangement/agreement, or utilization plan;

(iii) Education, training, professional background and experience, and professional competence;

(iv) Patient care quality indicators definition for initial appointment. This data will be in a format determined by the licensed allied health professional subcommittee and the quality management department of the Ohio state university Wexner medical center;

(v) Adherence to the ethics of the profession for which an individual holds a license, certification, or other legal credential required by Ohio law;

(vi) Evidence of required immunization;

(vii) Evidence of good personal and professional reputation as established by peer recommendations;

(viii) Satisfactory physical and mental health to perform requested clinical privileges; and

(ix) Ability to work with members of the medical staff and the CHRI employees.

(h) The applicant shall have the burden to produce documentation with sufficient adequacy to assure the medical staff and the CHRI that any patient cared for by the licensed allied health professional seeking clinical privileges shall be given quality care, and that the efficient operation of the CHRI will not be disrupted by the applicant's care of patients in the CHRI.

(i) By applying for clinical privileges as a licensed allied health professional, the applicant agrees to the following terms and conditions:

(i) The applicant has read the bylaws and rules and regulations of the medical staff of the CHRI and agrees to abide by all applicable terms of such bylaws and any applicable rules and regulations, including any subsequent amendments thereto, and any applicable CHRI policies that the CHRI may from time to time put into effect;

(ii) The applicant releases from liability all individuals and organizations who provide information to the CHRI regarding the applicant and all members of the medical staff, the CHRI staff and the Wexner medical center board and the Ohio state university board of trustees for all acts in connection with investigating and evaluating the applicant;

(iii) The applicant shall not deceive a patient as to the identity of any practitioner providing treatment or service in the CHRI;

(iv) The applicant shall not make any statement or take any action that might cause a patient to believe that the licensed allied health professional is a member of the medical staff; and

(v) The applicant shall obtain and continue to maintain professional liability insurance in such amounts required by the medical staff.

(j) Licensed allied health care professionals shall be subject to quality review and corrective action as outlined in this paragraph for violation of these bylaws, their certificate of authority, standard of care agreement, utilization plan, or the provisions of their licensure, including professional ethics. Review may be requested by any member of the medical staff, a chief of the clinical department, or by the medical director of quality or the chief quality officer. All requests shall be in writing and shall be submitted to the chief quality officer. The chief quality officer, unless delegated to the medical director of quality, shall appoint a three-person committee to review and make recommendations concerning appropriate action. The committee shall consist of at least one licensed allied health care professional and one medical staff member. The committee shall make a written recommendation to the chief quality officer, unless delegated to the medical director of quality, who may accept, reject, or modify the recommendation. The chief quality officer, unless delegated to the medical director of quality shall forward his or her recommendation to the director of medical affairs for final determination.

(k) Appeal process.

(i) A licensed allied health care professional may submit a notice of appeal to the chairperson of the quality and professional affairs committee within thirty days of receipt of written notice of any adverse corrective action pursuant to university bylaws.

(ii) If an appeal is not so requested within the thirty-day period, the licensed allied health care professional shall be deemed to have waived the right to appeal and to have conclusively accepted the decision of the director of medical affairs.

(iii) The appellate review shall be conducted by the chief of staff, the chair of the licensed health care professionals subcommittee and one medical staff member from the same discipline as the licensed allied health care professional under review. The licensed allied health care professional under review shall have the opportunity to present any additional information deemed relevant to the review and appeal of the decision.

(iv) The affected licensed allied health care professional shall have access to the reports and records, including transcripts, if any, of the hearing committee and of the medical staff administrative committee and all other material, favorable or unfavorable, that has been considered by the chief quality officer. The licensed allied health care professional shall submit a written statement indicating those factual and procedural matters with which the member disagrees, specifying the reasons for such disagreement. This written statement may cover any matters raised at any step in the procedure to which the appeal is related, and legal counsel may assist in its preparation. Such written statement shall be submitted to the review committee no later than seven days following the date of the licensed allied health care professional's notice of appeal.

(v) New or additional matters shall only be considered on appeal at the sole discretion of the quality and professional affairs committee.

(vi) Within thirty days following submission of the written statement by the licensed allied health care professional, the chief of staff shall make a final recommendation to the chair of the quality and professional affairs committee of the Wexner medical center board. The quality and professional affairs committee of the Wexner medical center board shall determine whether the adverse decision will stand or be modified and shall recommend to the Ohio state university Wexner medical center board that the adverse decision be affirmed, modified or rejected, or to refer the matter back to the review committee for further review and recommendation. Such referral to the review committee may include a request for further investigation.

(vii) Any final decision by the Wexner medical center board shall be communicated by the chief quality officer and by certified return receipt mail to the last known address of the licensed allied health care professional as determined by university records. The chief quality officer shall also notify in writing the senior vice president for health sciences, the dean of the college of medicine, the chief executive officer of the CHRI and the vice president for health services and the chief of the applicable clinical department or departments. The chief quality officer, unless delegated to the medical director of quality, shall take immediate steps to implement the final decision.

(9) Emergency privileges:

In the case of an emergency, any member of the medical staff to the degree permitted by the member's license or certification and regardless of department or medical staff status shall be permitted to do everything possible to save the life of a patient using every facility of the CHRI necessary, including the calling for any consultation necessary or desirable. After the emergency situation resolves, the patient shall be assigned to an appropriate member of the medical staff. For the purposes of this paragraph, an "emergency" is defined as a condition that would result in serious permanent harm to a patient or in which the life of a patient is in immediate danger and any delay in administering treatment would add to that danger.

(10) Disaster privileges:

Disaster privileges may be granted in order to provide voluntary services during a local, state or national disaster in accordance with hospital/medical staff policy and only when the following two conditions are present: the emergency management plan has been activated and the hospital is unable to meet immediate patient needs. Such privileges may be granted by the director of medical affairs or the medical director of credentialing to fully licensed or certified, qualified individuals who at the time of the disaster are not members of the medical staff. These privileges will be limited in scope and will terminate once the disaster situation subsides or at the discretion of the director of medical affairs temporary privileges are granted thereafter.

(11) Telemedicine privileges.

Practitioners who provide contracted patient care, treatment, and services via telemedicine shall be credentialed and privileged to provide such services. A grant of telemedicine privileges shall include appointment to the contracted medical staff category as described in paragraph (G) of this rule.

Practitioners providing contracted telemedicine services shall be credentialed and privileged through one of the following mechanisms:

(a) The practitioner shall be credentialed and privileged in accordance with rule 3335-111-04 of the Administrative Code.

(b) The practitioner shall be credentialed and privileged by proxy using the credentialing and privileging decision from the distant site if all of the following requirements are met:

(i) The distant site is also accredited by the joint commission.

(ii) The distant site is a medicare-participating hospital or a facility that qualifies as a distant-site telemedicine entity under federal regulations.

(iii) The Ohio state university hospitals have entered into a written agreement with the distant site.

(iv) If the distant site is a medicare-participating hospital, the written agreement shall specify that it is the responsibility of the distant-site hospital to meet the centers for medicare and medicaid services conditions of participation applicable to medical staff credentialing and privileging.

(v) If the distant site is a distant-site telemedicine entity as defined by federal regulations, the written agreement shall specify that the distant-site telemedicine entity is a contractor of services to the Ohio state university hospitals and furnishes the contracted services in a manner that allows the Ohio state university hospitals to comply with all applicable centers for medicare and medicaid services conditions of participation for contracted services and for medical staff credentialing and privileging.

(vi) The individual distant-site practitioner is privileged at the distant site for those services to be provided to patients of the Ohio state university hospitals via telemedicine and the distant site provides a current list of the practitioner's privileges at the distant site.

(vii) The individual distant-site practitioner holds an appropriate license, telemedicine certificate, or telemedicine waiver issued by the applicable Ohio licensing board for the practitioner's area of practice.

(viii) The Ohio state university hospitals maintain documentation of all internal reviews of the performance of each distant-site practitioner and sends the distant site such performance information for use in the distant site's periodic appraisal of the distant-site practitioner's privileges. At a minimum, this information must include all adverse events that result from the telemedicine services provided by the distant-site practitioner to patients of the Ohio state university hospitals, and all complaints the Ohio state university hospitals receive about the distant-site practitioner.

Last updated January 20, 2026 at 8:17 AM

History

  • Effective: January 16, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-05 Peer review and corrective action.

(A) Informal peer review.

(1) All medical staff members agree to cooperate in informal peer review activities that are solely intended to improve the quality of medical care provided to patients at the CHRI.

(2) Information indicating a need for informal review, including patient complaints, disagreements, questions of clinical competence, inappropriate conduct and variations in clinical practice identified by the clinical departments or divisions and medical staff committees shall be referred to the chair of the practitioner evaluation committee.

(3) The practitioner evaluation committee chair or his or her designee may obtain information or opinions from medical staff members or credentialed providers as well as external peer review consultants pursuant to criteria outlined in these bylaws. The information or opinions from the informal peer review may be presented to the practitioner evaluation committee or another designated peer review committee.

(4) Following the assessment by the practitioner evaluation committee chair or his or her designee, the practitioner evaluation committee may make recommendations for educational actions of additional training, sharing of comparative data or monitoring or provide other forms of guidance to the medical staff member to assist him or her in improving the quality of patient care. Such actions are not regarded as adverse, do not require reporting to any governmental or other agency, and do not invoke a right to any hearing.

(5) At the conclusion of the evaluation, the practitioner evaluation committee chair or his or her designee submits a report to the applicable clinical department chief and the director of medical affairs. The clinical department chief and the director of medical affairs shall evaluate the matter to determine the appropriate course of action. They shall make an initial written determination on whether:

(a) The matter warrants no further action;

(b) Informal resolution under this paragraph is appropriate. The clinical department chief and the director of medical affairs shall determine whether to include documentation of the informal resolution in the medical staff member's file. If documentation is included in the member's file, the affected member shall have an opportunity to review it and may make a written response which shall also be placed in the file. Informal review under this paragraph is not a procedural prerequisite to the initiation of formal peer review under paragraph (B) of this rule; or

(c) Formal peer review under paragraph (B) of this rule is warranted. In cases where the clinical department chief and director of medical affairs cannot agree, the matter shall be submitted and determined as set forth in paragraph (B) of this rule.

(B) Formal peer review.

(1) Formal peer review may be requested in more serious situations or where informal review has not resolved an issue or whenever the activities or professional conduct of a member of the medical staff of the CHRI:

(a) Violates the standards or aims of the medical staff or standards of professional conduct;

(b) Is considered to be disruptive to the operation of the CHRI;

(c) Violates the bylaws, rules and regulations of the medical staff, the Wexner medical center board, or the board of trustees of the Ohio state university;

(d) Violates state or federal law; or

(e) Is detrimental to patient safety or to the delivery of patient care within the CHRI.

(2) Formal peer review may be initiated by the clinical department chief, the department chairperson and/or division director, the director of medical affairs, any member of the medical staff, the chief executive officer of the CHRI, the dean of the college of medicine, any member of the Wexner medical center board, or the vice president for health services. All requests for formal peer review shall be in writing, shall be submitted to the director of medical affairs, and shall be supported by reference to the specific activities or conduct which constitute grounds for the requested action.

(3) The director of medical affairs shall promptly notify the affected member of the medical staff, in a confidential manner, that a request for formal peer review has been made, and inform the member of the specific activities or conduct which constitute grounds for the requested action. The director of medical affairs shall verify the facts related to the request for formal peer review, and within thirty days, make a written determination. If the director of medical affairs decides that no further action is warranted, the director of medical affairs shall notify the person(s) who filed the request for formal peer review and the member accused, in writing, that no further action would be taken.

(4) Whenever the director of medical affairs determines that formal peer review is warranted and that a reduction, suspension or revocation of clinical privileges could result, the director of medical affairs shall refer the request for formal peer review to the formal peer review committee. The affected member of the medical staff shall be notified of the referral to the formal peer review committee, and be informed that these medical staff bylaws shall govern all further proceedings. The executive vice president for health sciences or designee shall exercise any or all duties or responsibilities assigned to the director of medical affairs under these rules for implementing corrective action and appellate procedure only if:

(a) The director of medical affairs is the medical staff member charged;

(b) The director of medical affairs is responsible for having the charges brought against another medical staff member; or

(c) There is an obvious conflict of interest.

(5) The formal peer review committee shall investigate every request and shall report in writing its findings and recommendations for action to the appropriate clinical department chief and notice given to the division director. In making its recommendation the formal peer review committee may consider as appropriate, relevant literature and clinical practice guidelines, all the opinions and views expressed throughout the review process, and any information or explanations provided by the member under review. Prior to making its report, the medical staff member against whom the action has been requested shall be afforded an opportunity for an interview with the formal peer review committee. At such interview, the medical staff member shall be informed of the specific activities alleged to constitute grounds for formal peer review, and shall be afforded the opportunity to discuss, explain or refute the allegations against the medical staff member. The medical staff member may furnish written or oral information to the formal peer review committee at this time. However, such interview shall not constitute a hearing, but shall be investigative in nature. The medical staff member shall not be represented by an attorney at this interview. The written findings and recommendations for action is expected to be submitted within ninety days, unless an extension is deemed necessary by the committee.

(6) Upon receipt of the written report from the formal peer review committee, the appropriate clinical department chief shall make his or her own written determination and forward that determination along with the findings and recommendations of the formal peer review committee to the director of medical affairs, or if required by paragraph (B)(3) of this rule, to the executive vice president for health sciences or designee.

(7) Following receipt of the recommendation from the clinical department chief and the report from the formal peer review committee, the director of medical affairs, or the executive vice president for health sciences or designee, shall approve or modify the determination of the clinical department chief. Following receipt of the report of the clinical department chief, the director of medical affairs or executive vice president for health sciences or designee shall decide whether the grounds for the requested corrective action are such as should result in a reduction, suspension or revocation of clinical privileges. If the director of medical affairs, or executive vice president for health sciences or designee, decides the grounds are not substantiated, the director of medical affairs will notify the formal peer review committee; clinical department chief and if applicable, the academic department chairperson; division director; person(s) who filed the complaint and the affected medical staff member, in writing, that no further action will be taken.

In the event the director of medical affairs or executive vice president for health sciences or designee finds the grounds for the requested corrective action are substantiated, the director of medical affairs shall promptly notify the affected medical staff member of that decision and of the affected medical staff member's right to request a hearing before the medical staff administrative committee pursuant to rule 3335-111-06 of the Administrative Code. The written notice shall also include a statement that the medical staff member's failure to request a hearing in the timeframe prescribed in rule 3335-111-06 of the Administrative Code shall constitute a waiver of rights to a hearing and to an appeal on the matter; a statement that the affected medical staff member shall have the procedural rights found in rule 3335-111-06 of the Administrative Code; and a copy of the rule 3335-111-06 of the Administrative Code. This notification and an opportunity to exhaust the administrative hearing and appeal process shall occur prior to the imposition of the proposed corrective action unless the emergency provisions outlined in paragraph (D) of this rule apply. This written notice by the director of medical affairs shall be sent certified return receipt mail to the affected medical staff member's last known address as determined by university records.

(8) If the affected member of the medical staff does not make a written request for a hearing to the director of medical affairs within thirty-one days after receipt of the adverse decision, it shall be deemed a waiver of the right to any review by the medical staff administrative committee to which the staff member might otherwise have been entitled on the matter.

(9) If a timely, written request for hearing is made, the procedures set forth in rule 3335-111-06 of the Administrative Code shall apply.

(C) Composition of the formal peer review committee.

(1) When the determination that formal peer review is warranted is made, the clinical department chief shall select three members of the medical staff to serve on a formal peer review committee.

(2) Whenever the questions raised concern the clinical competence of the member under review, the clinical department chief shall select members of the medical staff to serve on the formal peer review committee who shall have similar levels of training and qualifications as the member who is subject to formal peer review.

(3) An external review consultant may serve as a member of the formal peer review whenever:

(a) A determination is made by the clinical department chief and the director of medical affairs that the clinical expertise needed to conduct the review is not available on the medical staff;

(b) The objectivity of the review may be compromised due to economic considerations; or

(c) Whenever the director of medical affairs determines that an external review is otherwise advisable.

If an external reviewer is recommended, the clinical department chief shall make a written recommendation to the director of medical affairs for selection of an external reviewer. The director of medical affairs shall make the final selection of an external reviewer.

(D) Summary suspension.

(1) Notwithstanding the provisions of this rule, a member of the medical staff shall have all or any portion of clinical privileges immediately suspended or appointment terminated by the chief executive officer or department chairperson and/or division director, whenever such action must be taken when there is imminent danger to patients or to the patient care operations. Such summary suspension shall become effective immediately upon imposition and the chief executive officer will subsequently notify the medical staff member in writing of the suspension. Such notice shall be by certified return receipt mail to the affected medical staff member's last known address as determined by university records.

(2) A medical staff member whose privileges have been summarily suspended or whose appointment has been terminated shall be entitled to appeal the suspension pursuant to rule 3335-111-06 of the Administrative Code. If the affected member of the medical staff does not make a written request for a hearing to the chief executive officer within thirty-one days after receipt of the adverse decision, it shall be deemed a waiver of the affected member's right to any review by the medical staff administrative committee of which the member might otherwise been entitled. If a timely, written request for a hearing is made, the procedures set forth in rule 3335-111-06 of the Administrative Code shall apply.

(3) Immediately upon the imposition of a summary suspension, the chief executive officer in consultation with the appropriate department chairperson and/or division director, shall have the authority to provide for alternative medical coverage for the patients of the suspended medical staff member who remain in the hospital at the time of suspension. The wishes of the patient shall be considered in the selection of such alternative medical coverage. While a summary suspension is in effect, the member of the medical staff is ineligible for reappointment to the medical staff. Medical staff and hospital administrative duties and prerogatives are suspended during the summary suspension.

(E) Automatic suspension and termination.

(1) Notwithstanding the provisions of this rule, a temporary lapse of a medical staff member's admitting privileges, effective until medical records are completed, may be imposed automatically by the chief executive officer after a warning, in writing, of delinquency for failure to complete medical records as defined by the rules and regulations of the medical staff.

(2) Action by the state boards of licensure revoking or suspending a medical staff member's licensure or placing the member on probation shall automatically impose the same restrictions to that member's CHRI medical staff privileges.

(3) Failure to maintain the minimum required type and amount of professional liability insurance with an approved insurer, shall result in immediate and automatic suspension of a medical staff member's appointment and privileges until such time as proof of appropriate insurance coverage is furnished. In the event such proof is not provided within ten days of notice of such suspension, the medical staff member or credentialed provider shall be deemed to no longer comply with medical staff requirements under rule 3335-111-04 of the Administration Code and automatically relinquish his or her appointment and privileges.

(4) Upon exclusion, debarment, or other prohibition from participation in any state or federal health care reimbursement program, or a federal procurement or non-procurement program, the medical staff member's appointment and privileges shall immediately and automatically terminate, unless resignation in lieu of automatic termination is permitted pursuant to paragraph (A)(4) of rule 3335-43-04 of the Administrative Code.

(5) If a medical staff member pleads guilty to or is found guilty of a felony which involves violence or abuse upon a person, conversion, embezzlement, or misappropriation of property; fraud, bribery, evidence tampering, or perjury; or a drug offense, the medical staff member's appointment and privileges shall be immediately and automatically terminated.

(6) Whenever a medical staff member's drug enforcement administration (DEA) or other controlled substances number is revoked, he or she shall be immediately and automatically divested of his or her right to prescribe medications covered by the number.

(7) When a medical staff member's DEA or other controlled substances number is suspended or restricted in any manner, his or her right to prescribe medications covered by the number is similarly automatically suspended or restricted during the term of the suspension or restriction.

(8) No medical staff member shall be entitled to the procedural rights set forth in rule 3335-111-06 of the Administrative Code as a result of an automatic suspension or termination. As soon as practicable after the imposition of an automatic suspension, the medical staff administrative committee shall convene to determine if further corrective action is necessary. Any further action with respect to an automatic suspension must be taken in accordance with this rule.

History

  • Effective: November 12, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-04

(A) Qualifications.

(1) Membership on the medical staff of the Ohio state university hospitals is a privilege extended to doctors of medicine, osteopathic medicine, dentistry, and to practitioners of psychology and podiatry who consistently meet the qualifications, standards, and requirements set forth in the bylaws, rules and regulations of the medical staff, the Wexner medical center board and the board of trustees of the Ohio state university. Membership on the medical staff is available on an equal opportunity basis without regard to race, color, creed, religion, sexual orientation, national origin, gender, age, handicap, or veteran/military status. Doctors of medicine, osteopathic medicine, dentistry, and practitioners of psychology and podiatry in faculty and administrative positions who desire medical staff membership shall be subject to the same procedures as all other applicants for the medical staff.

(2) All members of the medical staff of the Ohio state university hospitals shall, except as specifically provided in university bylaws, be members of the faculty of the Ohio state university college of medicine, or in the case of dentists, of the Ohio state university college of dentistry. All members, except for physician scholar medical staff, shall be duly licensed or certified to practice in the state of Ohio. Members of the limited staff shall possess a valid training certificate, or an unrestricted license from the applicable state board based on the eligibility criteria defined by that board. All members of the medical staff and limited staff and licensed health care professionals with clinical privileges shall comply with provisions of state law and the regulations of the state medical board or other state licensing board if applicable. Only those physicians, dentists, and practitioners of psychology and podiatry who can document their education, training, experience, competence, adherence to the ethics of their profession, dedication to educational and research-goals, and ability to work with others with sufficient adequacy to assure the Wexner medical center board and the board of trustees of the Ohio state university that any patient treated by them at university hospitals will be given the high quality of medical care provided at university hospitals, shall be qualified for membership on the medical staff of the Ohio state university hospitals.

All applicants for membership, clinical privileges, and members of the medical staff must provide basic health information to fully demonstrate that the applicant or member has, and maintains, the ability to perform requested clinical privileges. The chief medical officer of the medical center, medical directors, the department chairperson, the credentialing committee, the medical staff administrative committee, the quality and professional affairs committee of the Ohio state university Wexner medical center board, or the Ohio state university Wexner medical center board may initiate and request a physical or mental health evaluation of an applicant or member. Such request shall be in writing to the applicant. All members of the medical staff and licensed health care professionals will comply with medical staff and the Ohio state university policies regarding employee and medical staff health and safety; uncompensated care; and will comply with appropriate administrative directives and policies to avoid disrupting those operations of the Ohio state university hospitals which adversely impact overall patient care or which adversely impact the ability of the Ohio state university hospitals employees or staff to effectively and efficiently fulfill their responsibilities. All members of the medical staff and licensed health care professionals shall agree to comply with bylaws, rules and regulations, and policies and procedures adopted by the medical staff administrative committee and the Wexner medical center board, including but not limited to policies on professionalism, behaviors that undermine a culture of safety. Annual education and training approved by the medical staff administrative committee or as required by the Wexner medical center to meet accreditation standards, federal regulations, or quality and safety goals is required for medical staff members with clinical privileges in addition to conflict of interest disclosure. Medical staff members and licensed health care professionals with clinical privileges must also comply with the university integrity program requirements including but not limited to billing, self referral, ethical conduct and annual education. Medical staff members and licensed health care professionals with clinical privileges must immediately disclose to the chief medical officer and the department chairperson the occurrence of any of the following events: a licensure action in any state, any malpractice claims filed in any state or an arrest by law enforcement.

(3) All members of the medical staff and credentialed providers must maintain continuous uninterrupted enrollment with all governmental health care programs.

(a) It shall be the duty of all medical staff members and credentialed providers to promptly inform the chief medical officer and the corporate credentialing office of any investigation, action taken, or the initiation of any process which could lead to an action taken by any governmental programs.

(b) Exclusion of any medical staff member or credentialed provider from participation in any federal or state government program or suspension from participation, in whole or part, in any federal or state government reimbursement program, shall result in immediate lapse of membership on the medical staff of the Ohio state university hospitals and the immediate lapse of clinical privileges at the Ohio state university hospitals as of the effective date of the exclusion or suspension. Medical staff members may submit a request to resign their medical staff membership to the chief medical officer in lieu of automatic termination. The resignation in lieu of automatic termination shall be discussed at the next credentialing committee and medical staff administrative committee in order to provide recommendations to the quality and professional affairs committee of the Wexner medical center board. A final determination should be decided by the quality and professional affairs committee at its next regular meeting.

(c) If the medical staff member's or credentialed provider's participation in all governmental programs is fully reinstated, the affected medical staff member or credentialed provider shall be eligible to apply for membership and clinical privileges at that time.

(4) An applicant for membership shall at the time of appointment or reappointment, be and remain board certified in his or her primary are of practice at the Ohio state university hospitals. This board certification must be approved by at least one of the American board of medical specialties, or other applicable certifying boards, including certifying boards if applicable for doctors of osteopathy, podiatry, psychology, and dentistry. All applicants must be and remain certified within the specific areas for which they have requested clinical privileges. Applicants who are not board certified at the time of application but who have completed their residency or fellowship training within the last five years will be eligible for medical staff appointment. However, in order to remain eligible, those applicants must achieve board certification in their primary area of practice within five years from the date of completion of their residency or fellowship training. Applicants must maintain board certification and, to the extent required by the applicable specialty/subspecialty board, satisfy recertification requirements. Recertification will be assessed at reappointment. Failure to meet or maintain board certification shall result in immediate termination of membership on the medical staff of the Ohio state university hospitals.

(5) All applicants must demonstrate recent clinical activity in their primary area of practice during the last three years to satisfy minimum threshold criteria for privileges within their clinical departments.

(6) Waiver requests for the threshold eligibility requirements listed in paragraphs (A)(3) to (A)(5) of this rule may be requested and considered as follows:

(a) A request for a waiver will only be considered if the applicant provides information sufficient to satisfy his or her burden of demonstrating that his or her qualifications are equivalent to or exceed the criterion in question and that there are exceptional circumstances that warrant a waiver. The clinical department chief must endorse the request for waiver in writing to the credentialing committee.

(b) The credentialing committee may consider supporting documentation submitted by the prospective applicant, any relevant information from third parties, input from the relevant department chiefs, and the best interests of the hospital and the communities it serves. The credentialing committee will forward its recommendation, including the basis for such, to the medical staff administrative committee.

(c) The medical staff administrative committee will review the recommendation of the credentialing committee and make a recommendation to the quality and professional affairs committee of the Ohio state university medical center and the Wexner medical center board regarding whether to grant or deny the request for a waiver and the basis for its recommendation.

(d) The Ohio state university Wexner medical center board's determination regarding whether to grant a waiver is final. A determination not to grant a waiver is not a "denial" of appointment or clinical privileges and does not give rise to a right to a hearing. The prospective applicant who requested the waiver in a particular case is not intended to set a precedent for any other applicant. A determination to grant a waiver does not mean that an appointment will be granted. Waivers of threshold eligibility criteria will not be granted routinely. No applicant is entitled to a waiver or to a hearing if a waiver is not granted.

(e) Waiver requests for the threshold eligibility requirement listed in paragraph (A)(3) of this rule may only be considered for applicants who have voluntarily opted out of governmental health care programs. Applicants who have been excluded or suspended shall be ineligible to request a waiver.

(f) Waivers to requirements prescribed by regulatory, accrediting, or other external agencies will not be granted.

(7) Any medical staff member whose membership has been terminated pursuant to paragraph (A)(3) or (A)(4) of this rule shall not be entitled to request a hearing and appeal in accordance with rule 3335-43-06 of the Administrative Code. Any licensed health care professional whose clinical privileges have been terminated pursuant to paragraph (A)(4) of this rule may not request an appeal in accordance with paragraph (G)(3) of rule 3335-43-07 of the Administrative Code.

(8) No applicant shall be entitled to medical staff membership and or clinical privileges merely by the virtue of fulfilling the listed qualifications or holding a previous appointment to the medical staff.

(B) Application for membership.

Initial application for medical staff membership for all categories of the medical staff shall be made by the applicant to the chief of the clinical department on forms prescribed by the medical staff administrative committee stating the qualifications and references of the applicant and giving an account of the applicant's current licensure, relevant professional training and experience, current competence and ability to perform the clinical privileges requested. All applications for appointment must specify the clinical privileges requested. Applications may be made only if the applicant meets the qualifications outlined in paragraph (A) of this rule. The application shall include written statements of the applicant to abide by the bylaws, rules and regulations and policies and procedures of the medical staff, the Wexner medical center board, and the board of trustees of the Ohio state university. The applicant shall produce a government-issued photo identification to verify his/her identity pursuant to hospital/medical staff policy. The applicant shall agree that membership on the medical staff requires participation in the peer review process of evaluating credentials, medical staff membership and clinical privileges, and that a condition for membership requires mutual covenants between all members of the medical staff to release one another from civil liability in this review process as long as the peer review was taken in the reasonable belief that it was in furtherment of quality health care based upon a reasonable review and appropriate procedural due process. In order to optimize the clinical organization resource utilization and planning of the Ohio state university hospitals, the chief of the clinical department may require that the community affiliate D medical staff member identify categories of diagnosis, extent of anticipated patient activity, and service areas to be utilized and may prepare a statement of participation for the applicant, which shall be made a part of the application for appointment. A separate record shall be maintained for each applicant requesting appointment to the medical staff.

(C) Terms of appointment. Initial appointment to the medical staff shall be for a period not to exceed thirty-six months. During the first six months of the initial appointment, except for medical staff appointments without clinical privileges, appointees shall be subject to focused professional practice evaluation (FPPE) in order to evaluate the privilege-specific competence of the practitioner who does not have documented evidence of competently performing the requested privilege at the organization pursuant to university bylaws. FPPE requires the evaluation by of the chief of the clinical department with oversight by the credentials committee and the medical staff administrative committee. Following the six-month FPPE period, the chief of the clinical department may: (1) recommend the initial appointee to transition to ongoing professional practice evaluation (OPPE), which is described later in university bylaws to the medical staff administrative committee; (2) extend the FPPE period, which is not considered an adverse action, for an additional six months not to exceed a total of twelve months for purposes of further monitoring and evaluation; or (3) terminate the initial appointee's medical staff membership and clinical privileges. In the event that the medical staff administrative committee recommends that an adverse action be taken against an initial appointee, the initial appointee shall be entitled to the provisions of due process as outlined in university bylaws.

(D) Ethics and ethical relationship. The code of ethics as adopted, or as may be amended, by the American medical association, the American dental association, the American psychological association, American osteopathic association and the American podiatric medical association shall govern the professional ethical conduct of the respective members of the medical staff.

(E) Procedure for appointment.

(1) The written and signed application for membership on the medical staff shall be presented to the applicable chief of the clinical department. The applicant shall include in the application a signed statement indicating the following:

(a) If the applicant should be accepted to membership on the medical staff, the applicant agrees to be governed by the bylaws, rules and regulations of the medical staff, the Wexner medical center board and the board of trustees of the Ohio state university.

(b) The applicant consents to be interviewed in regard to the application.

(c) The applicant authorizes the Ohio state university hospitals to consult with members of the medical staffs of other hospitals with which the applicant has been or has attempted to be associated, and with others who may have information bearing on the applicant's competence, character and ethical qualifications.

(d) The applicant consents to the Ohio state university hospitals' inspection of all records and documents that may be material to the evaluation of the applicant's professional qualifications and competence to carry out the clinical and educational privileges for which the applicant is seeking as well as the applicant's professional ethical qualifications for medical staff membership.

(e) The applicant releases from any liability:

(i) All representatives of university hospitals for acts performed in connection with evaluating the applicant's credentials or releasing information to other institutions for the purpose of evaluating the applicant's credentials in compliance with university bylaws performed in good faith; and

(ii) All third parties who provide information, including otherwise privileged and confidential information, to members of the medical staff, the Ohio state university hospitals staff, Ohio state university Wexner medical center board members and members of the Ohio state university board of trustees concerning the applicant's credentials performed in good faith.

(f) The applicant has an affirmative duty to disclose any prior termination, voluntary or involuntary, current loss, restriction, denial, or the voluntary or involuntary relinquishment of any of the following: professional licensure, board certification, DEA registration, membership in any professional organization or medical staff membership or privileges at any other hospital or health care facility.

(g) The applicant further agrees to disclose to the chief medical officer of the Ohio state university hospitals the initiation of any process which could lead to such loss or restriction of the applicant's professional licensure, board certification, DEA registration, membership in any professional organization or medical staff membership or privileges at any other hospital or health care facility.

(h) The applicant agrees that acceptance of membership on the medical staff of the Ohio state university hospitals authorizes the Ohio state university hospitals to conduct any appropriate health assessment including but not limited to drug or alcohol screens on a practitioner at any time during the normal pursuit of medical staff duties, based upon reasonable cause as determined by the chief of the practitioner's clinical department or the chief medical officer of the Ohio state university hospitals or their authorized designees.

(2) The purpose of the health assessment shall be to ensure that the member of the medical staff is able to fully perform and discharge the clinical, educational, administrative and research responsibilities which the member is permitted to exercise by reason of medical staff membership. If, at the time of the initial request for a health assessment, and at any time a medical staff member refuses to participate as needed in a health assessment, including but not limited to a drug or alcohol screening, this shall result in automatic lapse of membership, privileges, and prerogatives until remedied by compliance with the requested health assessment. Upon request of the medical staff administrative committee or Wexner medical center board, the applicant will provide documentation the applicant's physical and mental status with sufficient adequacy to demonstrate that any patient treated by the applicant will receive care of a generally professionally recognized level of quality and efficiency. The conditions of this paragraph shall be deemed continuing and may be applicable to issues of continued good standing as a member of the medical staff.

(3) An application for membership on the medical staff shall be considered complete when all the information requested on the application form is provided, the application is signed by the applicant and the information is verified. A completed application must contain:

(a) Peer recommendation from at least three individuals with "first hand" knowledge about the applicant's clinical and professional skills.

(b) Evidence of required immunizations.

(c) Evidence of current professional medical malpractice liability coverage required for the exercise of clinical privileges.

(d) Satisfaction of ECFMG requirements, if applicable. If an individual receives a conceded eminence certificate or a clinical research faculty certificate from the state medical board of Ohio, the requirement for ECFMG certification may be waived at the discretion of the Wexner medical center board.

(e) Verification by primary source documentation of:

(i) Current and previous state licensure;

(ii) Faculty appointment (not required for community affiliate B, community affiliate C, community affiliate D or contracted category);

(iii) DEA registration when required for exercise of clinical privileges;

(iv) Graduation from an accredited medical or professional school;

(v) Successful completion or record of post graduate medical or professional education; and

(vi) Board certification active candidacy for board certification (may not be required for community affiliate B, community affiliate C and community affiliate D categories) or applicant qualifies for a waiver pursuant to paragraph (A)(6) of rule 3335-43-04 of the Administrative Code.

(f) Information from the national practitioner data bank.

(g) Verification that the applicant has not been excluded from any federally funded health care program.

(h) Complete disclosure by applicant of all past and current claims, suits, and settlements, if any.

(i) Completion of a criminal background investigation that meets the requirements of the Wexner medical center.

(j) Completion of drug testing for substances required for individuals applying for clinical privileges and in accordance with Wexner medical center approved testing protocols.

(k) Verification of completion of annual educational requirements approved by the medical staff administrative committee and maintained in the chief medical officer's office.

(l) Demonstration of recent active clinical practice during the last three years required for exercise of clinical privileges.

(m) Attestation of current Ohio automated Rx reporting system ("OARRS") account for all applicants who have a DEA registration.

(4) The chief of the applicable clinical department shall be responsible for investigating and verifying the character, qualifications, and professional standing of the applicant by making inquiry of the primary source of such information and shall within thirty days of receipt of the complete application, submit a report of those findings along with a recommendation on membership and clinical privileges to the chief medical officer of the Ohio state university hospitals.

(5) The chief medical officer shall receive all initial signed and verified applications from the chief of the clinical department and shall make an initial determination as to whether the application is complete. The credentials committee, the medical staff administrative committee, the quality and professional affairs committee, and the Wexner medical center board have the right to render an application incomplete, and therefore not able to be processed, if the need arises for additional or clarifying information.

The chief medical officer shall forward all complete applications to the credentials committee. The applicant shall have the burden of producing information for an adequate evaluation of applicant's qualifications for membership and for the clinical privileges requested. If the applicant fails to complete the prescribed forms or fails to provide the information requested within sixty days of receipt of the signed application, processing of the application shall cease and the application shall be deemed to have been voluntarily withdrawn which action is not subject to hearing or appeal pursuant to rule 3335-43-06 of the Administrative Code.

If the chief of the applicable clinical department does not submit a report and recommendation on a timely basis, the completed application shall be forwarded to the chief medical officer for presentation to the credentials committee on the same basis as other applicants.

(6) Completed applications shall be acted upon as follows:

(a) By the credentials committee within thirty days after receipt of a completed application from the chief medical officer.

(b) By the medical staff administrative committee within thirty days after receipt of a completed application and the report and recommendation of the credentials committee.

(c) By the quality and professional affairs committee through the expedited credentialing process or Wexner medical center board within sixty days after receipt of a completed application and the report and recommendation of the medical staff administrative committee.

All applications shall be acted upon by the Ohio state university Wexner medical center board within one hundred twenty days of receipt of a completed application. These time periods are deemed guidelines only and do not create any right to have an application processed within these precise periods. These periods may be stayed or altered pending receipt and verification of further information requested from the applicant, or if the application is deemed incomplete at any time. If the procedural rights specified in rule 3335-43-06 of the Administrative Code are activated, the time requirements provided therein govern the continued processing of the application.

(7) The credentials committee shall review the application, evaluate and verify the supporting documentation, references, licensure, the chief of the clinical department's report and recommendation, and other relevant information. The credentials committee shall examine the character, professional competence, professional conduct, qualifications and ethical standing of the applicant and shall determine, through information contained in personal references and from other sources available to the credentials committee, including an appraisal from the chief of the clinical department in which clinical privileges are sought, whether the applicant has established and meets all of the necessary qualifications for the category of medical staff membership and clinical privileges requested. The credentials committee shall, within thirty days from receipt of a complete application, make a recommendation to the chief medical officer that the application be accepted, rejected, or modified. The chief medical officer shall forward the recommendation of the credentials committee to the medical staff administrative committee. The credentials committee or the chief medical officer may recommend to the medical staff administrative committee that certain applications for appointment be reviewed in executive session. The recommendation of the medical staff administrative committee regarding an appointment decision shall be made within thirty days of receipt of the credentials committee recommendation and shall be communicated by the chief medical officer, along with the recommendation of the chief medical officer to the quality and professional affairs committee of the Wexner medical center board, and thereafter to the Wexner medical center board. When the Ohio state university Wexner medical center board has acted, the chairperson of the board shall instruct the chief medical officer to transmit the final decision to the chief of the clinical department and applicant and, if appropriate, to the director of the applicable clinical division.

(8) At any time the medical staff administrative committee first recommends non-appointment of an initial applicant for medical staff membership or recommends denial of any clinical privileges requested by the applicant, the medical staff administrative committee shall require the chief medical officer to notify the applicant by certified return receipt mail that the applicant may request an evidentiary hearing as provided in paragraph (D) of rule 3335-43-06 of the Administrative Code. The applicant shall be notified of the requirement to request a hearing as provided by paragraph (B) of rule 3335-43-06 of the Administrative Code. If a hearing is properly requested, the applicant shall be subject to the rights and responsibilities of rule 3335-43-06 of the Administrative Code. If an applicant fails to properly request a hearing, the medical staff administrative committee shall accept, reject, or modify the application for appointment to membership and clinical privileges.

The final recommendation of the medical staff administrative committee shall be directly communicated to the Wexner medical center board by the chief medical officer, who shall make a separate recommendation to the Wexner medical center board.

When the Ohio state university Wexner medical center board has acted, the chairperson of the board shall instruct the chief medical officer to transmit the final decision to the chief of the clinical department and applicant and, if appropriate, to the director of the applicable clinical division. The chairperson of the board shall also notify the dean of the college of medicine and the chief executive officer of the Ohio state university hospitals of the decision of the board.

(F) Procedure for reappointment

(1) At least ninety days prior to the end of the medical staff member's appointment period, the chief of the clinical department shall provide each medical staff member with an application for reappointment to the medical staff on forms prescribed by the medical staff administrative committee. The reappointment application shall include all information necessary to update and evaluate the qualifications of the medical staff member. The chief of the clinical department shall review the information available on each medical staff member, and the chief of the clinical department shall make recommendations regarding reappointment to the medical staff and for granting clinical privileges for the ensuing appointment period. The chief of the clinical department's recommendation shall be transmitted in writing along with the signed and completed reappointment forms to the chief medical officer at least forty-five days prior to the end of the medical staff member's appointment period.

The terms of paragraphs (A), (B), (C), (D), (E)(1), and (E)(2) of this rule shall apply to all applicants for reappointment. Reappointment to the medical staff shall be done on a regular basis for a period not to exceed thirty-six months. Only completed applications for reappointment shall be considered by the credentials committee. An application for reappointment is complete when all the information requested on the reappointment application form is provided, the reappointment form is signed by the applicant, and the information is verified, and no need for additional or clarifying Information is identified. A completed reappointment application form must contain:

(a) Evidence of required immunizations if applicable since last appointment.

(b) Evidence of current professional medical malpractice liability insurance required for the exercise of clinical privileges.

(c) Verification of primary source documentation of:

(i) State licensure;

(ii) DEA registration when required for clinical privileges;

(iii) Successful completion or record of additional post graduate medical or professional education; and

(iv) Board certification, re-certification, or continued active candidacy for certification (may not be required for community affiliate category) or applicant qualifies for a waiver pursuant to paragraph (A)(4) of rule 3335-43-06 of the Administrative Code.

(d) Information from the national practitioner data bank.

(e) Verification that the applicant has not been excluded from any federally funded health care program.

(f) Specific requests for any changes in clinical privileges sought at reappointment with supporting documentation as required by credentialing guidelines.

(g) Specific requests for any changes in medical staff category.

(h) A summary of the member's clinical activity during the previous appointment period.

(i) Patterns of care as demonstrated through quality assurance records.

(j) Verification of completion of annual educational requirements approved by the medical staff administrative committee and maintained in the chief medical officer's office.

(k) Complete disclosure by medical staff members of claims, suits, and settlements, if any.

(l) Continuing medical education and applicable continuing professional education activities. Documentation of category one CME that at least in part relates to the individual medical staff member's specialty or sub-specialty area and are consistent with the licensing requirements of the applicable Ohio state licensing board shall be required.

(m) Attestation of current OARRS account for all applicants who have a DEA registration.

(2) The member for reappointment shall be required to submit any reasonable evidence of current ability to perform the clinical privileges requested. The chief of the clinical department shall review and evaluate the reappointment application and the supporting documentation. The chief of the clinical department shall evaluate all matters relevant to recommendation, including the member's professional competence; clinical judgment; clinical or technical skills; ethical conduct; participation in medical staff affairs; compliance with the bylaws, rules and regulations of the medical staff, the Wexner medical center board, and the board of trustees of the Ohio state university; cooperation with the Ohio state university hospitals' personnel and the use of the Ohio state university hospitals' facilities for patients; relations with other physicians, other health professionals or other staff, and maintenance of a professional attitude toward patients; and the responsibility to the Ohio state university hospitals and the public.

(3) The chief medical officer shall forward the reappointment forms and the recommendations of the chief of the clinical department to the credentials committee. The credentials committee shall review the request for reappointment in the same manner, and with the same authority as an original application for medical staff membership. The credentials committee shall review all aspects of the reappointment application including source verification of the member's quality assurance record for continuing membership qualifications and for clinical privileges. The credentials committee shall review each member's performance-based profile to ensure that the same level of quality of care is delivered by all medical staff members with similar delineated clinical privileges across all clinical departments and across all categories of medical staff membership.

The credentials committee shall forward its recommendations to the chief medical officer at least thirty days prior to the end of the period of appointment. The chief medical officer shall transmit the completed reappointment application and the recommendation of the credentials committee to the medical staff administrative committee.

Failure of the member to submit a reappointment application shall be deemed a voluntary resignation from the medical staff and shall result in automatic expiration of membership and all clinical privileges at the end of the medical staff member's current appointment period, which action shall not be subject to a hearing or appeal pursuant to rule 3335-43-06 of the Administrative Code. A request for reappointment subsequently received from a member who has been automatically expired shall be processed as a new appointment.

Failure of the chief of the clinical department to act timely on an application for reappointment shall be the same as provided in paragraph (E)(5) of this rule.

(4) The medical staff administrative committee shall review each request for reappointment in the same manner and with the same authority as an original application for medical staff membership. The medical staff administrative committee shall accept, reject, or modify the request for reappointment in the same manner and with the same authority as an original application for medical staff membership. The recommendation of the medical staff administrative committee regarding reappointment of a member shall be communicated by the chief medical officer, along with the recommendation of the chief medical officer, to the quality and professional affairs committee of the Wexner medical center board, and thereafter to the Wexner medical center board. When the Ohio state university Wexner medical center board has acted, the chairperson of the board shall instruct the chief medical officer to transmit the final decision to the chief of the clinical department and applicant and, if appropriate, to the director of the applicable clinical division.

(5) When the decision of the medical staff administrative committee results in a decision of non-reappointment or reduction, suspension or revocation of clinical privileges, the medical staff administrative committee shall instruct the chief medical officer to give written notice to the affected member of the decision, the stated reason for the decision, and the member's right to a hearing pursuant to paragraphs (A) and (B) of rule 3335-43-06 of the Administrative Code. This notification and an opportunity to exhaust the appeal process shall occur prior to an adverse decision unless the provisions outlined in paragraph (D) of rule 3335-43-05 of the Administrative Code apply. The notice by the chief medical officer shall be sent certified return receipt mail to the affected member's last known address as determined by the Ohio state university records.

(6) If the affected member of the medical staff does not make a written request for a hearing to the chief medical officer within thirty-one days after receipt of the adverse decision, it shall be deemed a waiver of the right to any hearing or appeal as provided in rule 3335-43-06 of the Administrative Code to which the staff member might otherwise have been entitled on the matter

(7) If a timely, written request for hearing is made, the procedures set forth in rule 3335-43-06 of the Administrative Code shall apply.

(G) Resumption of clinical activities following leave of absence.

(1) A member of the medical staff or credentialed provider shall request a leave of absence in writing for good cause shown such as medical reasons, educational and research reasons or military service to the chief of clinical service and the chief medical officer. Such leave of absence shall be granted at the discretion of the chief of the clinical service and the chief medical officer provided, however, such leave shall not extend beyond the term of the member's or credentialed provider's current appointment. A member of the medical staff or credentialed provider who is experiencing health problems that may impair his or her ability to care for patients has the duty to disclose such impairment to his or her chief of clinical department and the chief medical officer and the member or credentialed provider shall be placed on immediate medical leave of absence until such time the member or credentialed provider can demonstrate to the satisfaction of the chief medical officer that the impairment has been sufficiently resolved and can request for reinstatement of clinical activities. During any leave of absence, the member or credentialed provider shall not exercise his or her clinical privileges, and medical staff responsibilities and prerogatives shall be inactive.

(2) The member or credentialed provider must submit a written request for the reinstatement of clinical privileges to the chief of the clinical service. The chief of the clinical service shall forward his recommendation to the credentialing committee which, after review and consideration of all relevant information, shall forward its recommendation to the medical staff administrative committee and quality and professional affairs committee of the Wexner medical center board. The credentials committee, the chief medical officer, the chief of the clinical service or the medical staff administrative committee shall have the authority to require any documentation, including advice and consultation from the member's or credentialed provider's treating physician or the committee for practitioner health that might have a bearing on the medical staff member's or credentialed provider's ability to carry out the clinical and educational responsibilities for which the medical staff is seeking privileges. Upon return from a leave of absence for medical reasons the medical staff member or credentialed provider must demonstrate his or her ability to exercise his or her clinical privileges upon return to clinical activity.

(3) All members of the medical staff or credentialed providers who take a leave of absence for medical or non-medical reasons must be in good standing on the medical staff upon resumption of clinical activities. No member shall be granted leave of absence in excess or his or her current appointment and the usual procedures for appointment and reappointment, including deadlines for submission of application as set forth in this rule, will apply irrespective of the nature of the leave. Absence extending beyond his or her current term or failure to request reinstatement of clinical privileges shall be deemed a voluntary resignation from the medical staff and of clinical privileges, and in such event, the member or credentialed provider shall not be entitled to a hearing or appeal.

Last updated January 20, 2026 at 8:17 AM

History

  • Effective: January 16, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-13

(A) Meetings.

The medical staff of the CHRI shall conduct scheduled meetings semi-annually. Notice of the meetings will be sent to all medical staff at least two weeks prior to the meeting. Attendance is encouraged, but shall not be a requirement for continued medical staff membership and clinical privileges. A special meeting may be called at the option of the medical staff administrative committee.

(B) Dues. The medical staff, by two-thirds vote of those in attendance at a regularly scheduled meeting, may establish dues. Payment of dues is a requirement for continued medical staff membership except honorary, clinical, and limited staff.

History

  • Effective: August 3, 2011
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-08 Organization of the CHRI medical staff.

(A) The chief executive officer.

(1) Method of appointment:

The chief executive officer shall be appointed by the board of trustees of the Ohio state university upon recommendation of the president, executive vice president for health sciences, and the vice president for health services following consultation with the medical center board in accordance with university bylaws, rules and regulations. The chief executive officer shall be a member of the attending medical staff of the CHRI.

(2) Responsibilities:

The chief executive officer shall be responsible for the conduct of teaching, research, and CHRI service activities of the facility, including continuing compliance with all appropriate quality assurance standards, ethical codes, or other monitoring or regulatory requirements. The chief executive officer shall be a member of all committees of the CHRI.

(B) The director of medical affairs (physician-in-chief/chief medical officer of the James cancer hospital).

(1) Method of appointment:

The director of medical affairs shall be appointed by the executive vice president for health sciences upon recommendation by the chief executive officer of the James cancer hospital. The director of medical affairs is the physician-in-chief and shall be the chief medical officer of the CHRI and must be a member of the attending medical staff of the CHRI.

(2) Responsibilities:

The director of medical affairs shall report to the chief executive officer and the Wexner medical center board for the quality of patient care provided in the CHRI. The director of medical affairs shall assist the chief executive officer in the administration of medical affairs including quality assurance and credentialing. In addition, the director of medical affairs determines initial medical staff category appointments, reappointments and any changes in categories of the medical staff.

(C) The chief medical officer of the Ohio state university medical center.

The chief medical officer of the Ohio state university medical center is the senior medical officer for the medical center with the responsibility and authority for all health and medical care delivered at the medical center. The chief medical officer is responsible for overall quality improvement and clinical leadership throughout the medical center, physician alignment, patient safety and medical staff development. The appointment, scope of authority, and responsibilities of the chief medical officer shall be as outlined in the Ohio state medical center board bylaws. The director of medical affairs will work collaboratively with the chief medical officer and medical directors of each hospital of the medical center for the: coordination and supervision of patient care and clinical activities; responsibility for the clinical organization of his or her respective hospital; and to establish priorities, jointly with the chief executive officer or executive director of his or her respective hospital, for capital medical equipment, clinical space, and the establishment of new clinical programs, or the revision of existing clinical programs.

(D) The chief quality officer of the Ohio state university medical center.

The chief quality and patient safety officer of the Ohio state university medical center is referred to herein university bylaws as the chief quality officer. The chief quality officer reports to the chief medical officer. The chief quality officer and works collaboratively with clinical leadership of the medical center, including medical director of quality for the CHRI, director of medical affairs for the CHRI, nursing leadership and hospital administration. The chief quality officer provides leadership in the development and measurement of the medical center's approach to quality, patient safety and reduction of adverse events. The chief quality officer communicates and implements strategic, operational and programmatic plans and policies to promote a culture where patient safety is an important priority for medical and hospital staff.

(E) Medical director of credentialing.

The medical director of credentialing for the James cancer hospital oversees the process for the credentialing of practitioners applying for membership and/or clinical privileges at the James cancer hospital. The medical director of credentialing shall provide guidance on specific practitioner application or privileging concerns as raised pursuant to university bylaws and shall recommend practitioners for membership and/or privileges at the James cancer hospital and facilitate the process for approving such membership and granting of clinical privileges.

(F) Medical director, James surgical services.

The medical director, James surgical services has oversight of all James designated perioperative services and procedural suites. Working collaboratively with the administrator of perioperative services, the medical director, James surgical services facilitates the timely sharing of OR resources (including personnel and equipment) across the medical center in order to maximize the efficiency of OR services. The medical director, James surgical services works with clinical service lines and clinical leadership to coordinate OR services in a manner that enhances the quality of care and safety of services for patients. The medical director, James surgical services reports to the director of medical affairs of the James.

(G) Professional assignments.

Each member of the attending, associate attending, clinical, limited, physician scholar and honorary staff shall be assigned to a CHRI division and/or department by the chief executive officer upon the recommendation of the appropriate academic department chairperson and the credentials committee.

Appointment to a specific department and/or division is based on the clinical specialty of the applicant for medical staff membership. Each department and/or division is headed by a department chairperson or division director who has the responsibility to oversee all research and clinical activities conducted by members of the department and/or division. Specifically, the department chairperson or division director shall be responsible for the following: the development and implementation of policies and procedures that guide and support the provision of service; recommendations re: staffing needs and clinical privileges for all members appointed to the department and/or division; the orientation and continuing surveillance of the professional performance of all department and/or division members; recommendation for space and other resources needed.

(H) Clinical department chief.

(1) Qualifications and responsibilities of the chief of the clinical department. The academic department chair shall ordinarily serve also as the chief of the clinical department. Each clinical department chief shall be qualified by education and experience appropriate to the discharge of the responsibilities of the position. Each clinical department chief must be board certified by an appropriate specialty board or must establish comparable competence. The chief of the clinical department must be a medical staff member at the Ohio state university hospitals. Such qualifications shall be judged by the respective dean of the colleges of medicine or dentistry. Qualifications for chief of the clinical department generally shall include recognized clinical competence, sound judgment and well-developed administrative skills.

(2) Procedure for appointment. Appointment or reappointment of chief of the clinical department shall be made by the dean of the respective colleges of medicine or dentistry in consultation with elected representatives of the medical staff and the chief medical officer of the Ohio state university medical center.

(3) Term of appointment of the chief of the clinical department. The term of the appointment of the chief of the clinical department shall be concurrent with the chief's academic appointment but shall be no longer than four years. Prior to the end of said four-year term, a review shall be conducted by the dean of the college of medicine and such review shall serve as the basis for the recommendation for reappointment pursuant to paragraph (D)(2) of this rule.

(4) Duties of the chief of the clinical department: Each clinical department chief is responsible for the following:

(a) Clinically related activities of the department;

(b) Administratively related activities of the department, unless otherwise provided by the hospital;

(c) Continuing surveillance of the professional performance of all practitioners in the department who have delineated clinical privileges;

(d) Recommending to the medical staff the criteria for clinical privileges that are relevant to the care provided in the department;

(e) Recommending clinical privileges for each practitioner of the department based on relevant training and experience, current appraised competence, health status that does not present a risk to patients, and evidence of satisfactory performance with existing privileges;

(f) Assessing and recommending to the relevant hospital authority off-site sources for needed patient care, treatment, and services not provided by the department or the hospital;

(g) The integration of the department or service into the primary functions of the hospital, developing services that complement the medical center's mission and plan for clinical program development;

(h) The coordination and integration of interdepartmental and intradepartmental services;

(i) The development and implementation of policies and procedures that guide and support the provision of care, treatment, and services. This includes the development, implementation, enforcement and updating of departmental policies and procedures that are consistent with the hospital's mission. The clinical department chief shall make such policies and procedures available to the medical staff;

(j) The recommendations for a sufficient number of qualified and competent persons to provide care, treatment, and services, including call coverage for continuous high quality and safe care;

(k) The determination of the qualifications and competence of department or service personnel who are not licensed practitioners and who provide patient care, treatment, and services;

(l) The continuous assessment and improvement of the quality of care, treatment, and services;

(m) The maintenance of quality control programs, as appropriate;

(n) The orientation and continuing education of all persons in the department or service;

(o) Recommending space and other resources needed by the department or service; and

(p) Hold regular clinical department meetings and ensure open lines of communication are maintained in the clinical department. The agenda for the meetings shall include, but not be limited to, a discussion of the clinical activities of the department and communication of the decisions of the medical staff administrative committee. Minutes of the departmental meetings, including a record of attendance, shall be kept in the clinical department.

Last updated December 29, 2023 at 11:25 AM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-09 Elected officers of the medical staff of the CHRI.

(A) Chief of staff.

The chief of staff shall:

(1) Serve on those committees of the Ohio state medical center board as appointed by the chairperson of the medical center board.

(2) Be a vice chairperson of the medical staff administrative committee and serve as liaison between university administration, CHRI administration, and the medical staff in all matters of mutual concern within the CHRI.

(3) Call, preside, and be responsible for the agenda of all general staff meetings.

(4) Make medical staff committee appointments in accordance with paragraph (A) of rule 3335-111-10 of the Administrative Code.

(5) Be a spokesperson for the medical staff in its external professional and public relations.

(6) Serve as chairperson of the nominating committee of the medical staff.

(B) Chief of staff-elect.

The chief of staff-elect shall:

(1) Serve on those committees of the Ohio state medical center board as appointed by the chairperson of the medical center board.

(2) Serve as the chairperson of the bylaws committee of the CHRI.

(3) Carry out all the duties of the chief of staff when the chief of staff is unable to do so.

(4) Oversee the inclusion of changes in the bylaws, rules and regulations of the medical staff.

(C) Delegates at-large.

Up to two additional at-large member(s) may be appointed to the medical staff administrative committee at the recommendation of the chief executive officer of the CHRI, subject to the approval of the medical staff administrative committee and subject to review and renewal every two years.

(D) Qualifications of officers.

(1) Officers must be members of the attending or associate attending staff at the time of their nomination and election and must remain members in good standing during their term of office. Failure to maintain such status shall immediately create a vacancy in the office involved.

(2) The chief executive officer and director of medical affairs, chiefs of the clinical departments, or division director, medical directors, associate and/or assistant medical directors are not eligible to serve as chief of staff or chief of staff-elect unless they are replaced in their CHRI administrative role during the period of their term of office.

(E) Election of officers.

(1) All officers (other than at-large officers) will be elected by a majority of those voting by electronic ballot after the April meeting of the medical staff. If one candidate does not achieve a majority vote, there will be an election on a second ballot between the two receiving the greatest number of votes.

(2) The nominating committee will be composed of five members. The chief of staff and the chief of staff-elect will serve on the committee and the chief of staff will be its chairperson. The chief of staff will appoint the three other members of the committee.

(3) Nominations for officers will be accepted from the floor at the March meeting.

(4) The committee's nominees will be submitted by electronic or written ballot to all voting members of the medical staff no later than May.

(5) Candidates for the office of chief of staff-elect will be listed and each attending staff member may vote for one.

(6) Automatic removal shall be for failure to meet those responsibilities assigned within university bylaws, failure to comply with medical staff rules and regulations, policies and procedures of the medical staff, for conduct or statements that damage the reputation of the CHRI, its goal and missions, or programs, or an automatic termination or suspension of clinical privileges that lasts more than thirty days.

(F) Term of office.

(1) The chief of staff and chief of staff-elect will each serve two years in office beginning on the first of July. The chief of staff-elect will be elected in the odd years. The chief of staff may not be elected chief of staff-elect within one year of the end of the chief of staff's term in office.

(2) The at-large representatives shall serve two years, beginning on the first of July. The delegate at large may succeed themselves for three successive terms (six years, total), if so elected. They may not serve again without a period of two years out of office as a delegate at large. The delegate at large may be elected chief of staff-elect at any time if they are members of the attending staff.

(G) Vacancies in office.

(1) Vacancies in the office of chief of staff during the chief's term will be automatically succeeded and performed by the chief of staff-elect. When the unexpired term is one year or less, the new chief of staff will continue in office until the completion of the expected term in that office. When the unexpired term is more than one year, the new chief of staff will serve out the remaining term only.

(2) Vacancies in the office of chief of staff-elect shall be filled by a special election held within sixty days of establishing the vacancy by the nominating and election process set forth in paragraph (F) of this rule. The nominating committee will make nominations and a special meeting of the voting members of the medical staff will be called to add nominations and elect the replacement. The new chief of staff-elect will become chief of staff at the end of the term of the incumbent.

(3) Vacancies in the at-large representatives' positions will be filled by appointment by the chief executive officer.

Last updated October 7, 2024 at 8:27 AM

History

  • Effective: October 7, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-10

Medical staff committees.

(A) Appointments: Appointments to all medical staff committees except the medical staff administrative committee (MSAC) and the nominating committee will be made jointly by the chief of staff, chief of staff-elect, and the director of medical affairs with medical staff administrative committee ratification. Unless otherwise provided by the bylaws, all appointments to medical staff committees are for two years and may be renewed. The chairperson shall control the committee agenda, attendance of staff and guests and conduct the proceedings. A simple majority of appointed voting members shall constitute a quorum. All committee members appointed or elected to serve on a medical staff committee are expected to participate fully in the activities of those committees. The chief of staff, director of medical affairs and the chief executive officer of the CHRI may serve on any medical staff committee as an ex-officio member without vote.

(B) The medical staff as a whole and each committee provided for by these medical staff bylaws is hereby designated as a peer review committee in accordance with the laws of the state of Ohio. The medical staff through its committees shall be responsible for evaluating, maintaining and monitoring the quality and utilization of patient care services provided by CHRI.

(C) Medical staff administrative committee:

(1) Composition:

(a) Voting membership includes: chief of staff, chief of staff-elect, immediate past chief of staff, clinical department chief or division director of medical oncology, radiation oncology, anatomic pathology and molecular pathology; department chairperson or division director of hematology, gynecologic oncology, otolaryngology/head and neck, hospital medicine, human genetics, infectious diseases, surgical oncology, thoracic surgery, neurological oncology, orthopaedic oncology/sarcoma pulmonary, critical care, sleep medicine, and urology; medical director of James emergency services; clinical department chiefs of anesthesia, dermatology, physical medicine and rehabilitation, plastic surgery, psychiatry, and radiology; CHRI medical director of quality, CHRI medical director of credentialing, CHRI chief executive officer, CHRI director of medical affairs, director of the division of palliative medicine, chairperson of the cancer subcommittee, CCC director for clinical research, CCC director for cancer control, and medical director of the James surgical services. Up to two additional at-large member(s) may be appointed to the MSAC at the recommendation of the chief executive officer of the CHRI, subject to the approval of the medical staff administrative committee and subject to review and renewal on a yearly basis. If a division director is a member by leadership position, he or she will also fulfill the role of division director appointment. The director of medical affairs shall be the chairperson and the chief of staff shall be the vice-chairperson.

(b) Ex-officio non-voting membership includes: the CHRI executive director, the CHRI chief nursing officer, CHRI executive director of patient services, the medical director of university hospital and/or the chief medical officer of the medical center, the dean of the Ohio state university college of medicine, and the executive vice president for health sciences.

(c) Any member of the committee who anticipates absence from a meeting of the committee may appoint a temporary substitute as a representative at the meeting. The temporary substitute will have all the rights of the absent member.

(d) All members of the committee shall attend, either in person, virtual, or by proxy, a minimum of two-thirds of all committee meetings.

(e) Any members may be removed from the medical staff administrative committee at the recommendation of the dean of the college of medicine, the director of medical affairs or the executive vice president for health sciences and subject to the review and approval of the medical staff administrative committee. A replacement will be appointed as outlined in this paragraph to maintain the medical staff administrative committee's composition as stated in this paragraph.

(2) Duties:

(a) To represent and to act on behalf of the medical staff, subject to such limitations as may be imposed by this chapter, and the bylaws or rules of the Ohio state university.

(b) To have primary authority for activities related to self-governance of the medical staff. Action approved by the medical staff administrative committee can be reviewed by the quality and professional affairs committee pursuant to rule 3335-43-13 of the Administrative Code.

(c) To receive and act upon commission and committee reports. To delegate appropriate staff business to committees while retaining the right of executive responsibility and authority over all medical staff committees. This shall include but is not limited to review of and action upon medical staff appointments and reappointments whenever timely action is necessary.

(d) To approve and implement policies of the medical staff.

(e) To recommend action to the chief executive officer on matters of medico-administrative nature.

(f) To fulfill the medical staff's accountability to the Wexner medical center board for medical care rendered to patients in the CHRI, and for professional conduct and activities of the medical staff, including recommendations concerning

(i) Medical staff structure;

(ii) The mechanism to review credentials and to delineate clinical privileges;

(iii) The mechanism by which medical staff membership may be terminated or suspended;

(iv) Participation in the CHRI's performance improvement, quality and patient safety activities; and

(v) Corrective action and hearing procedures applicable to medical staff members and other licensed allied health professionals granted clinical privileges.

(g) To ensure the medical staff is kept abreast of the accreditation process and informed of the accreditation status of the CHRI.

(h) To review and act on medical staff appointments and reappointments.

(i) To report to the medical staff all actions affecting the medical staff.

(j) To inform the medical staff of all changes in committees, and the creation or elimination of such committees as circumstances shall require.

(k) To create committees (for which membership is subsequently appointed pursuant to rule 3335-111-10 of the Administrative Code) to meet the needs of the medical staff and comply with the requirements of accrediting agencies.

(l) To establish and maintain rules and regulations governing the medical staff.

(m) To oversee functions related to performance improvement of professional services provided by individuals with clinical privileges.

(n) To perform other functions as are appropriate.

(3) Executive session:

Upon recommendation of the credentialing committee, the medical staff administrative committee may vote to hold a portion of a regular, special or emergency medicine in executive session with participation limited to voting members of the medical staff administrative committee. Other individuals may be invited to attend any or all portions of an executive session as deemed necessary by the committee chair.

(4) Meetings:

The committee shall meet monthly and keep detailed minutes, which shall be distributed to each committee member before or at the next meeting of the committee.

(5) Voting:

At a properly constituted meeting, voting shall be by a simple majority of members present except in the case of termination or non-reappointment of medical staff membership or permanent suspension of clinical privileges, wherein two-thirds of members present shall be required.

(D) Credentialing committee of the hospitals of the Ohio state university:

(1) Composition:

The credentialing responsibilities of the medical staff are delegated to the credentialing committee of the hospitals of the Ohio state university, the composition of which shall include representation from the medical staff of each hospital.

The chief medical officer of the medical center shall appoint the credentialing committee of the hospitals of the Ohio state university. The director of medical affairs and medical director of credentialing shall make recommendation to the chief medical officer for representation on the credentialing committee of the hospitals of the Ohio state university.

The credentialing committee of the hospitals of the Ohio state university shall meet at the call of its chair, whom shall be appointed by the chief medical officer of the medical center.

(2) Duties:

(a) To review all applications for medical staff and licensed allied health professional appointment and reappointment, as well as all requests for delineation, renewal, or amendment of clinical privileges in the manner provided in medical staff bylaws, including applicable time limits. During its evaluation, the credentialing committee of the hospitals of the Ohio state university will take into consideration the appropriateness of the setting where the requested privileges are to be conducted;

(b) To review triennially all applications for reappointment or renewal of clinical privileges;

(c) To review all requests for changes in medical staff membership;

(d) To assure, through the chairperson of the committee, that all records of peer review activity taken by the committee, including committee minutes, are maintained in the strictest of confidence in accordance with the laws of the state of Ohio. The committee may conduct investigations and interview applicants as needed to discharge its duties. The committee may refer issues and receive issues as appropriate from other medical staff committees;

(e) To make recommendations to the medical staff administrative committee through the medical director of credentialing regarding appointment applications and initial requests for clinical privileges. Such recommendations shall include the name, status, department (division and/or department), medical school and year of graduation, residency and fellowships, medical-related employment since graduation, board certification and recertification, licensure status as well as all other relevant information concerning the applicant's current competence, experience, qualifications, and ability to perform the clinical privileges requested;

(f) To recommend to the medical staff administrative committee that certain applications for appointment be reviewed in executive session;

(g) The committee, after review and investigation, may make recommendations to the director of medical affairs, chief of staff, or the chief of a clinical department, regarding the restriction or limitation of any medical staff member's clinical privileges, noncompliance with the credentialing process, or any other matter related to its responsibilities;

(h) To review requests made for clinical privileges by other licensed allied health professionals as set forth in this chapter.

(i) To recommend eligibility criteria for the granting of medical staff membership and privileges.

(j) To develop, recommend, and consistently implement policy and procedures for all credentialing and privileging activities.

(k) To review, and where appropriate take action on, reports that are referred to it from other medical staff committees and medical staff members.

(l) To perform such other functions as requested by the medical staff administrative committee, quality and professional affairs committee or Wexner medical center board.

(3) Licensed health care professionals subcommittee:

(a) This subcommittee shall consist of other licensed health care professionals who have been appointed in accordance with paragraph (A) of rule 3335-111-10 of the Administrative Code. This subcommittee shall be chaired by a director of nursing.

(b) Duties:

(i) To review, within thirty days of receipt, all completed applications as may be referred by the credentialing committee of the hospitals of the Ohio state university;

(ii) To review and investigate the character, qualifications and professional competence of the applicant;

(iii) To review the applicant's patient care quality indicator definitions on initial granting of clinical privileges and the performance based profile at the time of renewal;

(iv) To verify the accuracy of the information contained in the application; and

(v) To forward, following review of the application, a written recommendation for clinical privileges to the credentialing committee of the hospitals of the Ohio state university for review at its next regularly scheduled meeting.

(vi) To develop relevant policies and procedures regarding the scope of service and scope of practice to be granted to each licensed allied health care professional specialty. These policies and procedures shall be ratified by the credentialing committee, and medical staff administrative committee and be approved by the Wexner medical center board.

(E) Medical staff bylaws committee:

(1) Composition.

The committee shall be composed of at least four members of the attending or associate attending staff pursuant to paragraph (A) of rule 3335-111-10 of the Administrative Code. The chairperson shall always be the chief of staff-elect.

(2) Duties.

To review and recommend amendments to the medical staff administrative committee as necessary to maintain bylaws that reflect the structure and functions of the medical staff but not less than every two years. This committee will recommend changes to the medical staff administrative committee.

(F) Committee for practitioner health.

(1) Composition:

The committee shall consist of medical staff members appointed in accordance with paragraph (A) of rule 3335-111-10 of the Administrative Code.

(2) Duties:

(a) To consider issues of licensed practitioner health or impairment whenever a self-referral or referral is requested by an affected member or another member or committee of the medical staff, CHRI hospital staff, or any other individual.

(b) To provide appropriate counsel, referral, and monitoring until the rehabilitation is complete and periodically thereafter, if required, to enable the medical staff member to obtain appropriate diagnosis and treatment, and to provide appropriate standards of care.

(c) To consult regularly with the chief of staff, medical director of credentialing and director of medical affairs of the CHRI.

(d) To advise credentials and/or other appropriate medical staff committees on the credibility of a complaint, allegation or concern, including those affecting the quality and safety of patient care.

(e) It will be the responsibility of the chairperson of the committee to assure that all proceedings and records, including the identify of the person referring the case, are handled and maintained in the strictest of confidence in accordance with the laws of the state of Ohio.

(f) To educate CHRI hospital and the medical staff about illness and impairment recognition issues, including at risk criteria specific to licensed practitioners.

(G) Cancer subcommittee:

(1) Composition:

Required to be included as members of the cancer subcommittee are physician representatives from surgery, medical oncology, radiology, radiation oncology, anesthesia, plastic surgery, urology, otolaryngology/head and neck, hematology, gynecologic oncology, thoracic surgery, orthopaedic oncology, neurological oncology, emergency medicine, palliative medicine and pathology, the cancer liaison physician and nonphysician representatives from the cancer registry, administration, nursing, social services, and quality assurance. Other disciplines should be included as appropriate for the institution. The chairperson is appointed at the recommendation of the chief executive officer of the CHRI and the director of medical affairs, subject to the approval of the medical staff administrative committee and subject to review and renewal on a yearly basis.

(2) Duties:

(a) Develop and evaluate the annual goals and objectives for the clinical, educational, and programmatic activities related to cancer.

(b) Promote a coordinated, multidisciplinary approach to patient management.

(c) Ensure that educational and consultative cancer conferences cover all major site and related issues.

(d) Ensure that an active supportive care system is in place for patients, families, and staff.

(e) Monitor quality management and improvement through completion of quality management studies that focus on quality, access to care, and outcomes.

(f) Promote clinical research.

(g) Supervise the cancer registry and ensure accurate and timely abstracting, staging, and follow-up reporting.

(h) Perform quality control of registry data.

(i) Encourage data usage and regular reporting.

(j) Ensure content of the annual report meets requirements.

(k) Publishes the annual report by November first of the following year.

(l) Upholds medical ethical standards.

(m) Serve as cancer committee for commission on cancer program of the american college of surgeons.

(3) Meetings:

(a) The subcommittee shall meet in collaboration with the medical staff administrative committee as a policy-advisory and administrative body with documentation of activities and specialties in attendance.

(b) Any member anticipating an absence from the meeting should designate a representative to attend in their place.

(H) Ethics committee.

(1) Composition.

The committee is a joint committee and shall consist of members of the medical staff, nursing, hospital administration, and other persons representing both the CHRI and UH who, by reason of training, vocation, or interest, may make a contribution. Appointments will be made as provided by in this chapter. The chairperson shall be a physician who is a clinically active member of the medical staff of UH or the CHRI.

(2) Duties

(a) To make recommendations for the review and development of guidelines or policies regarding ethical issues.

(b) To provide ethical guidelines and information in response to requests from members of the medical staff, patients, patient's family or other representative, and staff members of the CHRI.

(c) To provide a support mechanism for primary decision makers at the CHRI.

(d) To provide educational resources on ethics to all

(e) To provide and enhance interaction between CHRI administration and staff, departmental ethics committees, pastoral care services, and members of the medical staff.

(I) Practitioner evaluation committee.

(1) Composition.

This multi-disciplinary peer review committee is composed of clinically-active practitioners. If additional expertise is needed, the practitioner evaluation committee may request the assistance from any medical staff member or recommend to the director of medical affairs an external review.

(2) Duties:

(a) To meet regularly and keep minutes, which describe issues, opportunities to improve patient care, recommendations and actions to the chief quality officer, unless delegated to the medical director of quality and the chair of the clinical department, responsible parties, and expected completion dates. The minutes are maintained in the quality and patient safety office.

(b) To ensure that ongoing and systematic monitoring, evaluation and process improvement is performed in each clinical department.

(c) To develop and utilize objective criteria in practitioner peer review activities.

(d) To ensure that the medical staff peer review process is effective.

(e) To maintain confidentiality of its proceedings. These issues are not to be handled outside of the practitioner evaluation committee by any individual, clinical department, division, or committee.

(J) Committee for practitioner effectiveness.

(1) Composition.

This multi-disciplinary peer review committee is composed of clinically-active practitioners and other individuals with expertise in professionalism.

(2) Duties.

(a) Receive and review validity of complaints regarding concerns about professionalism of credentialed practitioners;

(b) Treat, counsel and coach practitioners in a firm, fair and equitable manner;

(c) Maintain confidentiality of the individual who files a report unless the person who submitted the report authorizes disclosure or disclosure is necessary to fulfill the institution's legal responsibility;

(d) Ensure that all activities be treated as confidential and protected under applicable peer review and quality improvement standards in the Ohio Revised Code;

(e) Forward all recommendations to the clinical department chief, director of medical affairs or his/her designee and, if applicable, to the chief nursing officer.

Last updated August 13, 2025 at 7:36 AM

History

  • Effective: August 8, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-43-13

(A) Medical staff responsibility.

The medical staff bylaws committee shall have the initial responsibility to formulate, review at least biennially, and recommend to the quality and professional affairs committee of the Wexner medical center board any medical staff bylaws, rules, regulations, policies, procedures, and amendments as needed. Amendments to the bylaws shall be effective when approved by the university board of trustees. Amendments to the rules and regulations shall be effective when approved by the Wexner medical center board.

Such responsibility shall be exercised in good faith, in a timely manner and in accordance with applicable laws and regulatory standards. This applies as well to the review, adoption, and amendment of the related rules, policies, and protocols developed to implement the various sections of medical staff bylaws.

The organized medical staff shall also have the ability to propose amendments to the medical staff bylaws, rules and regulations, and policies and procedures and propose them directly to the quality and professional affairs committee of the Wexner medical center board.

If the voting members of the organized medical staff propose to adopt amendments to the bylaws, rules and regulations or policies, they must first communicate the proposal to the medical staff administrative committee. When the medical staff administrative committee proposes to adopt amendments to the bylaws, rules and regulations or policies, it communicates the proposal to the organized medical staff.

Conflict between the organized medical staff and the medical staff administrative committee will be managed by allowing communication directly from the medical staff to the quality and professional affairs committee of the Wexner medical center board on issues including, but not limited to amendments to the bylaws and the adoption of new rules and regulations or policies. Medical staff members may communicate with the quality and professional affairs committee of the Wexner medical center board by submitting their communication in writing to the chief of staff, who shall then communicate on their behalf to the quality and professional affairs committee of the Wexner medical center board at its next regularly scheduled meeting for final determination.

In cases of urgent need to update the medical staff bylaws or rules and regulations in order to comply with law, statute, federal regulation, or accreditation standard, the medical staff administrative committee and the quality and professional affairs committee of the Wexner medical center board may provisionally approve an urgent amendment without prior notification to the medical staff. The medical staff shall be immediately notified by the medical staff administrative committee. The medical staff shall have the opportunity for review of and vote on the provisional amendment. If the medical staff votes in favor of the provisional amendment, it shall stand. If there is conflict over the provisional amendment, process for resolving conflict between the organized medical staff and the medical staff administrative committee shall be implemented.

(B) Methods of adoption and amendment to medical staff bylaws.

Proposed amendments to the bylaws may be originated by the medical staff bylaws committee, medical staff administrative committee or by a petition signed by twenty-five per cent of attending medical staff members.

Each attending medical staff member will be eligible to vote on the proposed amendment via secure ballot in a manner determined by the medical staff administrative committee. All attending medical staff members shall receive at least fourteen days advance notice of the changes to be adopted:

(1) The medical staff receives a simple majority of the votes cast by those members eligible to vote.

(2) Amendments so adopted shall be effective when approved by the university board of trustees.

(C) Methods of adoption and amendment to medical staff rules, regulations and policies.

The medical staff may adopt additional rules, regulations and policies as necessary to carry out its functions and meet its responsibilities under medical staff bylaws.

Proposed amendments to the rules, regulations and policies may be originated by the medical staff bylaws committee or the medical staff administrative committee.

The medical staff administrative committee shall vote on the proposed language changes at a regular meeting, or at a special meeting called for such purpose. Following an affirmative vote by the medical staff administrative committee, rules and regulations may be adopted, amended or repealed, in whole or in part and such changes shall be effective when approved by the organized medical staff, and the Wexner medical center board. Policies and procedures will become effective upon approval of the medical staff administrative committee.

In addition to the process described in this rule, the organized medical staff itself may recommend directly to the quality and professional affairs committee of the Wexner medical center board an amendment to any rule, regulation, or policy by submitting a petition signed by twenty-five per cent of the members of the attending medical staff category. Upon presentation of such petition, the adoption process outlined in this rule will be followed.

(D) The medical staff administrative committee may adopt such amendments to the bylaws, rules, regulations, and policies that are, in the committee's judgment, administrative, technical or legal modifications or clarifications. Such modifications may include reorganization or renumbering, punctuation, spelling, or other errors of grammar or expression. Such amendments need not be approved by the entire Wexner medical center board but must be approved by the vice president of health services. Neither the organized medical staff nor the Wexner medical center board may unilaterally amend the medical staff bylaws or rules and regulations.

The medical staff bylaws, rules and regulations, Wexner medical center board bylaws, and relevant policies shall not conflict. The medical staff bylaws committee shall assure that there is no conflict.

Last updated December 29, 2023 at 8:43 AM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-11 History and physical.

(A) History and physical examination.

(1) A history and physical appropriate to the patient and/or the procedure to be completed shall be documented in the medical record of all patients either:

(a) Admitted to the hospital

(b) Undergoing outpatient/ambulatory procedures requiring anesthesia or sedation

(c) Undergoing outpatient/ambulatory surgery

(d) In a hospital-based ambulatory clinic

(2) For patients admitted to the hospital, the history and physical examination shall include at a minimum:

(a) Date of admission

(b) Chief complaint and/or indication for procedure

(c) History of present illness

(d) Past medical and surgical history

(e) Relevant past social and family history

(f) Medications and allergies

(g) Review of systems

(h) Physical examinations

(i) Test results

(j) Assessment or impression

(k) Plan of care

(3) For patients undergoing outpatient/ambulatory procedures requiring anesthesia or sedation or outpatients/ambulatory surgery, the history and physical examination shall include at a minimum:

(a) Indication for procedure/surgery

(b) Relevant medical or surgical history

(c) Medications and allergies or reference to current listing in the electronic medical record

(d) Focused review of systems, as appropriate

(e) Pre-procedure assessment and physical examination

(f) Assessment/impression and treatment plan

(4) For patients seen in a hospital-based ambulatory clinic, the history and physical shall include at a minimum:

(a) Chief complaint

(b) History of present illness

(c) Medications and allergies

(d) Problem-focused physical examination

(e) Assessment or impression

(f) Plan of care

(B) Deadlines and sanctions

(1) A history and physical examination must be performed by a member of the medical staff, his/her designee or other licensed healthcare professional, who is appropriately credentialed by the hospital, and be signed, dated and timed.

(2) Patients admitted to the hospital: If the history and physical is performed by the medical staff member's designee or other licensed healthcare professional who is appropriately credentialed by the hospital, the history and physical must be countersigned by the responsible medical staff member.

(3) The complete history and physical examination shall be dictated, written or updated no later than twenty-four hours after admission for all inpatients.

(4) Admitted patients or patients undergoing a procedure requiring anesthesia or sedation or surgery, the history and physical examination may be performed or updated up to thirty days prior to admission, or the procedure/surgery. If completed before admission or the procedure, there must be a notation documenting an examination for any changes in the patient's condition since the history and physical was completed. The updated examination must be completed and documented in the patient's medical record within twenty-four hours after admission, or before the procedure/surgery, whichever occurs first. It must be performed by a member of the medical staff, his/her designee, or other licensed health care professional who is appropriately credentialed by the hospital, and be signed, dated and timed. In the event the history and physical update is performed by the medical staff member's designee or other licensed health care professional who is appropriately credentialed by the hospital, it shall be countersigned, dated and timed by the responsible medical staff member.

(a) For patients undergoing an outpatient procedure requiring anesthesia or sedation or surgery, regardless of whether the treatment, procedure or surgery is high or low risk, a history and physical examination must be performed by a member of the medical staff, his/her designee, or other licensed health care professional who is appropriately credentialed by the hospital and must be signed or countersigned when required, timed and dated.

(b) If a licensed health care professional is appropriately credentialed by the hospital to perform a procedure or surgery independently, a history and physical performed by the licensed health care professional prior to the procedure or surgery is not required to be countersigned.

(5) Hospital-based ambulatory clinic: If a history and physical examination is performed by a licensed health care professional who is appropriately credentialed by the hospital to see patients independently, the history and physical is not required to be countersigned.

(6) When the history and physical examination including the results of indicated laboratory studies and x-rays is not recorded in the medical record before the times stated for a procedure or surgery, the procedure or surgery cannot proceed until the history and physical is signed or countersigned, when required, by the responsible medical staff member, and indicated test results are entered into the medical record. In cases where such a delay would likely cause harm to the patient, this condition shall be entered into the medical record by the responsible medical staff member, his/her designee, or other licensed health care professional who is appropriately credentialed by the hospital, and the procedure or surgery may begin. When there is disagreement concerning the urgency of the procedure, it shall be adjudicated by the medical director or the medical director's designee.

(7) Ambulatory patients must have a history and physical at the initial visit.

(8) For psychology, psychiatric and substance abuse ambulatory sites, if no other acute or medical condition is present on the initial visit, a history and physical examination may be performed either:

(a) Within the past six months prior to the initial visit,

(b) At the initial visit, or

(c) Within thirty days following the initial visit.

Last updated October 7, 2024 at 8:27 AM

History

  • Effective: October 7, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-12 Amendments and adoption.

(A) Medical staff responsibility

The medical staff bylaws committee shall have the initial responsibility to formulate, review at least biennially, and recommend to the quality and professional affairs committee of the Wexner medical center board any medical staff bylaws, rules, regulations, policies, procedures, and amendments as needed. Amendments to the bylaws shall be effective when approved by the university board of trustees. Amendments to the rules and regulations shall be effective when approved by the Wexner medical center board.

Such responsibility shall be exercised in good faith, in a timely manner and in accordance with applicable laws and regulatory standards. This applies as well to the review, adoption, and amendment of the related rules, policies, and protocols developed to implement the various sections of the medical staff bylaws.

The organized medical staff shall also have the ability to propose amendments to the medical staff bylaws, rules and regulations and policies and procedures and propose them directly to the quality and professional affairs committee of the Wexner medical center board.

If the voting members of the organized medical staff propose to adopt amendments to the bylaws, rules and regulations or policies, they must first communicate the proposal to the medical staff administrative committee. When the medical staff administrative committee proposes to adopt amendments to the bylaws, rules and regulations or policies, it communicates the proposal to the organized medical staff.

Conflict between the organized medical staff and the medical staff administrative committee will be managed by allowing communication directly from the medical staff to the quality and professional affairs committee of the Wexner medical center board on issues including, but not limited to: amendments to the bylaws and the adoption of new rules and regulations or policies. Medical staff members may communicate with the quality and professional affairs committee of the Wexner medical center board by submitting their communication in writing to the chief of staff, who shall then communicate on their behalf to the quality and professional affairs committee of the Wexner medical center board at its next regularly scheduled meeting for final determination.

In cases of urgent need to update the medical staff bylaws or rules and regulations in order to comply with law, statute, federal regulation, or accreditation standard, the medical staff administrative committee and the quality and professional affairs committee of the Wexner medical center board may provisionally approve an urgent amendment without prior notification to the medical staff. The medical staff shall be immediately notified by the medical staff administrative committee. The medical staff shall have the opportunity for review of and vote on the provisional amendment. If the medical staff votes in favor of the provisional amendment it shall stand. If there is conflict over the provisional amendment, process for resolving conflict between the organized medical staff and the medical staff administrative committee shall be implemented.

(B) Methods of adoption and amendment to the medical staff bylaws.

Proposed amendments to these bylaws may be originated by the medical staff bylaws committee, medical staff administrative committee or by a petition signed by twenty-five per cent of attending medical staff members.

Each attending medical staff member will be eligible to vote on the proposed amendment via secure ballot in a manner determined by the medical staff administrative committee. All attending medical staff members shall receive at least fourteen days advance notice of the changes to be adopted:

(1) The medical staff receives a simple majority of the votes cast by those members eligible to vote;

(2) Amendments so adopted shall be effective when approved by the university board of trustees.

(C) Methods of adoption and amendment to medical staff rules, regulations and policies.

The medical staff may adopt additional rules, regulations and policies as necessary to carry out its functions and meet its responsibilities under the medical staff bylaws.

Proposed amendments to the rules, regulations and policies may be originated by the medical staff bylaws committee or the medical staff administrative committee.

The medical staff administrative committee shall vote on the proposed language changes at a regular meeting, or at a special meeting called for such purpose. Following an affirmative vote by the medical staff administrative committee, rules and regulations may be adopted, amended or repealed, in whole or in part and such changes shall be effective when approved by the organized medical staff, and the Wexner medical center board. Policies and procedures will become effective upon approval of the medical staff administrative committee.

In addition to the process described above, the organized medical staff itself may recommend directly to the quality and professional affairs committee of the Wexner medical center board an amendment to any rules, regulation, or policy by submitting a petition signed by twenty-five per cent of the members of the attending medical staff category. Upon presentation of such petition, the adoption process outlined in this policy will be followed.

(D) The medical staff administrative committee may adopt such amendments to the bylaws, rules, regulations, and policies that are, in the committee's judgment, administrative, technical or legal modifications or clarifications. Such modifications may include reorganization or renumbering, punctuation, spelling, or other errors of grammar or expression. Such amendments need not be approved by the entire Wexner medical center board but must be approved by the vice president of health services. Neither the organized medical staff nor the Wexner medical center board may unilaterally amend the medical staff bylaws or rules and regulations.

The medical staff bylaws, rules and regulations, Wexner medical center board bylaws, and relevant policies shall not conflict. The medical staff bylaws committee shall assure that there is no conflict.

Last updated December 29, 2023 at 11:25 AM

History

  • Effective: December 29, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3335-111-14 Rules of construction.

(A) "Shall" as used herein is to be construed as mandatory.

(B) These bylaws should be construed to be gender neutral.

History

  • Effective: August 3, 2011
  • Promulgated Under: 111.15

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