Ohio Administrative Code 3342 — Kent State University

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Chapter 3342-1 Definitions and Terms

Ohio Adm.Code 3342-1-01 Definition of terms used in the rules of Kent state university.

As used in agency 3342 of the Administrative Code:

(A) Board. "Board" means the board of trustees of the university in which the government of the university is vested pursuant to section 3341.02 of the Revised Code.

(B) Chair. "Chair" of the board which is the same office as that referred to as "president" in section 3341.03 of the Revised Code.

(C) Instructional units. "Instructional units" means the department, schools, and colleges of the universities, in addition to other academic entities established for the purpose of providing instruction.

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

(E) University. "University" means Kent state university as established in Chapter 3341. of the Revised Code.

(F) Vice chair. "Vice chair" means the vice chair of the board which is the same office as that referred to as "vice president" in section 3341.03 of the Revised Code.

(G) Regular full-time faculty member. A faculty member with regular academic rank the sum of whose teaching, research, and/or administrative responsibilities and assignments constitutes fulltime employment (one hundred per cent full-time employment) at Kent state university.

(H) Full-time non-tenure-track faculty member. A faculty member whose employment contract is for a duration of one year the sum of whose teaching, research, and/or administrative responsibilities and assignment constitutes full-time employment (one hundred per cent full-time employment) at Kent state university but who does not hold an appointment in a tenure-track position.

(I) Regular academic rank. "Regular academic rank" denotes the expectation or possibility of indefinite tenure- instructor, assistant professor, associate professor, and professor, plus such descriptive honorific, or courtesy designations as "research," "university," "distinguished," and so forth.

(J) Student. "Student" means any person admitted or enrolled at the university in any of its courses, programs, campuses, or offerings, including, but not limited to, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit.

(K) Instructor. "Instructor" means any person employed or appointed to teach in any course or program offering of the university, or a committee appointed to assess, evaluate, or grade a thesis, dissertation or work. Any decision to such a committee shall be by majority votes.

(L) Chairperson. "Chairperson" means the chief administrative officer of a department, school, or program whose position is that of a first organizational level academic level with a teaching faculty.

(M) Dean. "Dean" means the chief academic officer of a college, independent school, regional campus or equivalent.

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

(O) College. "College" means an academic unit headed by dean.

(P) Regional campus. "Regional campus" means any of the Kent state university system of community-oriented institutions.

History

  • Effective: October 1, 2019
  • Promulgated Under: 111.15

Chapter 3342-2 Governance

Ohio Adm.Code 3342-2-01 Constitution of Kent State University.

(A) Preamble. The university was established by the general assembly of the state of Ohio by an enactment to be found in Chapter 3341. of the Revised Code. Pursuant to section 3341.02 of the Revised Code the government of the university is vested in a board of eleven trustees, two of whom shall be students at the university. The purpose of this rule is to mandate procedures which will regulate the internal operations of the board so as to facilitate the board in exercising the powers conferred upon it by the laws of the state of Ohio.

(B) Aims of the university.

(1) The university is dedicated to teaching the many who want to learn, to advancing knowledge and to providing appropriate public service. The university, with the singular advantages of a large residential state university located in the heart of the most heavily populated section of Ohio, is both a community of scholars and an important intellectual, cultural, scientific and technological resource for its area.

(2) The university's primary concern is the student. It endeavors to provide the academic atmosphere, the human association and the discipline vital to the student's sound intellectual growth and character development. The various programs of curricular and extracurricular activities are designed to stimulate curiosity, broaden perspective, enrich awareness, deepen understanding, establish disciplined habits of thought, provide preparation for a vocation and help in realizing the potential of students as individuals and as responsible and informed members of society.

(3) The university will continue to develop as an active institution of learning whose scholars extend the boundaries of knowledge and whose practitioners of the arts and professions help it to shape the culture of the area it serves. The university supports the research and other activities of its faculty and students, and recognizes not only the intrinsic value of such creativity but also its beneficial effect on teaching at both the undergraduate and graduate levels.

(4) The university, like other large American state universities, combines service with teaching and research and makes available its rich variety of cultural, educational, technical and other resources to its area, to the state of Ohio, to the nation and to the international community.

(C) Student trustees. Student trustees serve a two-year term. They are appointed by the governor from a group of five names selected by the student trustee selection committee under a procedure adopted by the undergraduate student senate and the graduate student senate, administered through the office of the vice president for enrollment management and student affairs and approved by the board of trustees. Student trustees do not have the right to vote on measures that come before the board, are not considered as members in determining whether a quorum is present, are not to be officers of the board, and are not entitled to attend executive sessions of the board. However, they will be appointed as members of standing committees and special committees in the same manner as are nine-year trustees, and, except for the limitations listed above, they will be expected to participate fully in exercising the rights and responsibilities of those trustees appointed to nine-year terms.

(D) Powers of the board. The board shall have the power, not inconsistent with law or this rule, to do all things necessary for the proper maintenance and successful and continuous operation of the university.

(E) Officers and organization.

(1) Officers and term of office. Officers of the board shall be a chairman, a vice chairman and a secretary, who shall be members of the board. They shall be elected annually for one-year terms, at the first meeting of the board after the seventeenth of May. The chairman of the board will annually appoint a nominating committee, the function of which is to consult with each trustee to solicit nominations for each office. The nominating committee's recommendations for a consensus candidate for each office will be presented to the full board at the first meeting of the board after the seventeenth of May. At that time, the chairman will accept the committee's recommendations. The chairman will then entertain a motion from the floor to nominate a slate of candidates. After appropriate procedures, the candidates shall be elected by the board. New officers shall take office immediately following adjournment of the meeting at which they are elected, and shall not be elected to a particular office for more than two consecutive terms. Any officer of the board, having served two consecutive terms in any of the offices, can be reelected to that same office only after one year or more has elapsed from the date of expiration of such officer's latest previous term in that office. At the conclusion of an officer's term in one board office, such officer may be elected to another board office. Vacancies occurring in the offices of the board, for reasons other than expiration of term of office will be filled by election at the next meeting.

(2) Chairman. The chairman shall preside at meetings of the board. The chairman shall perform all general duties incident to the office of the chairman, and such other duties as may be assigned to the chairman by the board. The members of all committees of the board shall be appointed by the chairman, but all standing committees shall be subject to the approval of the board. Unless specifically provided to the contrary by the board, the chairman may assign any of the chairman's duties to another member of the board.

(3) Vice-chairman. At the request of or in the absence or disability of the chairman, the vice-chairman shall perform all the duties of the chairman and, while so acting, shall have all the powers and authority of the chairman.

(4) Secretary. The secretary shall be the custodian of and responsible for the official books and records of the board and shall keep the minutes of all meetings and proceedings of the board. The secretary shall give notice of all meetings of the board and shall be responsible for delivery of the agenda in accordance with the provisions of this constitution. The secretary shall perform such other duties as may be assigned by the board from time to time.

(5) Removal of officers. Subject to the notice and agenda requirements specified in paragraph (F) of this rule, any officer of the board may be removed as such officer by resolution adopted by at least six members of the board.

(6) Board committees. Subject to the approval of the board, the chairman may appoint members of the board to such committees as is deemed necessary.

(F) Meetings of the board.

(1) Regular meetings. The board shall meet at least quarterly each year; provided, however, that one of the meetings shall be held subsequent to the seventeenth of May but prior to the fifteenth of July. At the time of adjournment of each regular meeting the board shall provide, by resolution, the time and place for the holding of the next regular meeting. The secretary of the board shall post written notice of each regular meeting to the residence or business address of each member of the board no less than fourteen days prior thereto. Notice shall include the time and place for the regular meeting.

(a) Public notification of meetings. No later than one week prior to the date of all regular meetings, such date, time, and location of the meeting, as well as the agenda, will be distributed by the office of university news and information to the media and other interested parties. The same office will announce the date, time, place, and purpose of any special meetings of the board at least twenty-four hours prior to that special meeting. In the event of an emergency meeting, university news and information will notify the media immediately of the time, date, place and purpose of the emergency meeting.

(b) Any person may, upon request, obtain advance notification of all meetings at which any specific type of public business is to be discussed.

(2) Business to be considered at regular meetings.

(a) An agenda of matters to be considered shall be constructed by the president in collaboration with the chairman or by the president with the authorization of the chairman and delivered by the secretary or the secretary's designee to each board member at least five days prior to a regular meeting of the board.

(b) Along with the agenda, any proposed action which will substantially affect university policy, including, but not limited to the consideration of major appointments and the annual budget, shall be presented to board members in a form sufficient to advise them adequately as to the content of the proposed action.

(c) With the permission of the board, the president may add emergency matters to the agenda at any time.

(d) Any matter coming to the board other than from a board member or the president shall be presented to the chairman in writing at least two weeks prior to the meeting at which it is proposed for consideration. Any persons wishing to speak at a meeting must give at least two weeks written notice to the chairman and must set forth the subject on which they wish to speak. The chairman shall determine which requests shall be placed on the agenda and may make other appropriate disposition of said requests.

(3) Special meetings. Special meetings of the board may be called by the chairman of the board or upon the request of the president or upon the written request of three members of the board. Unless the chairman determines that an emergency situation exists, written notification of a special meeting shall be received by each board member at least two days prior to the commencement of the meeting. The notice shall specify the business to be conducted at the special meeting as well as the time and place for such meeting. No business other than that specified in the notice may be conducted at a special meeting. Attendance of a board member at any special meeting shall constitute a waiver of notice.

(4) Special hearings. Hearings outside of official meetings may be arranged by the board.

(5) Quorum. A majority of the board, when duly convened, shall constitute a quorum for the transaction of business. At any meeting at which a quorum is present, a majority vote of those present shall be required for any official board action. No member may vote except in person at the meeting. By law, student trustees are not to be counted in the determination of a quorum.

(6) Organization of meetings. The chairman shall preside over all meetings. In the absence of the chairman, the vice-chairman shall preside. In the absence of both the chairman and the vice-chairman, a member of the board then present shall be chosen by a majority of the board members present to preside over the meetings. The secretary or the secretary's designee shall keep the minutes.

(7) Order of business. Unless otherwise ordered by the chairman, the usual order of business at board meetings shall be as follows:

(a) Roll call;

(b) Call to order;

(c) Reading and disposition of minutes of previous meeting;

(d) Reports and recommendations of the president;

(e) Committee reports;

(f) Consideration of communications;

(g) Unfinished business;

(h) New business; and

(i) Adjournment.

(8) Rules of order. The latest revised edition of "Robert's Rules of Order" shall be accepted as authority on all questions of parliamentary procedure not determined by this rule. Any motion shall be reduced to writing on the request of any member.

(G) Administration of the university.

(1) Board of trustees. In accordance with the laws of the state of Ohio, the board is the governing body of the university and shall do all things necessary for the proper maintenance and successful and continuous operation of the university. From time to time, as may be appropriate and deemed necessary, the board will delegate certain authority for the administration of the university to designated administrative officers. Such delegation shall be specified in a manner to be determined by the board and shall be accompanied by periodic review of the exercise of such authority.

(a) Reserved powers. At all times and as prescribed by law, the board shall retain the ultimate authority to approve and/or initiate:

(i) The administrative structure of the university;

(ii) The educational programs and academic requirements of the university;

(iii) The appointment, compensation and removal of all university personnel;

(iv) The fiscal policies of the university; and

(v) University policies.

(b) Advisory procedures. Approval by the board of policies, procedures and internal governance arrangements to assure collegiality shall be requisite. However, no delegation of the authority of the board may interfere with or limit the ability of the board to initiate or authorize action in the exercise of its reserved powers.

(2) The president of the university. The board shall annually elect a president of the university to hold office at the discretion of the board. The president shall be the executive head of the university and to the president is committed the general supervision of its interests and the president may act with freedom within the lines of university policy approved by the board. The president shall submit such reports to the board as the board may request. The president shall appoint, subject to the approval of the board, such personnel as are necessary to carry out effectively and efficiently the mission and the operation of the university.

(3) The administrative officers of the university. With the approval of the board, the president shall appoint the major administrative officers of the university. The president shall also be responsible for assuring responsible participatory roles for faculty, students and staff, as appropriate, in the selection and review of major academic administrators. The highest academic administrator shall be responsible for assuring similar roles for permanent faculty and students in the selection and review of subordinate officers in his or her line of responsibility. Such administrative officers shall provide leadership for the university in accordance with their assigned responsibilities and the exercise of authorities delegated to them by the president and the board.

(4) Policies of the university. The major functions of the university shall be guided by rules, and regulations as defined and established herein.

(a) "University policies" are defined as policy statements, rules and regulations governing instructional and educational programs, university research, student life, administrative operations, finance, and personnel management which have broad application for the entire campus community. Such policies as directly affect the educational mission of the university may be considered or reviewed at any time by the faculty senate and require the approval of the appropriate chief administrative officer, the president and the board.

(b) The authority for formulating policies which do not have broad application for the entire campus community may be delegated by the board to the president and administrative officers of the university.

(i) "Administrative policies" are defined as rules and regulations governing internal operations in concert with university policies. Such policies require the approval of the appropriate chief administrative officer and/or the president.

(ii) "Operational procedures and regulations" are defined as necessary operational guidelines to implement policies or programs of the university. Such operational procedures and regulations may be established in concert with polices of the university by the appropriate administrative officer of the university.

(c) Policy development. Policy recommendations may be initiated by the board, the president, an administrative officer, any committee or council, the faculty senate and its committees, or individual members of the university community, its students, faculty, and staff through established procedures. The board shall be the final authority in resolving conflicts or disputes in the interpretation of university policies.

(d) Policy review. Each vice president of the university shall be responsible for presenting all new policies or revisions of old policies which affect their divisions to the appropriate subcommittee of the board of trustees. They shall:

(i) In the case of a university policy requiring board action, submit the policy as an action item at the appropriate time prior to a board of trustees meeting;

(ii) In the case of administrative or operational policy, submit the policy for review by the trustees no later than the first board meeting following the effective date of the new policy or revision;

(iii) Inform the campus community who will be affected by the new policy or revision, that the policy is subject to review by the board of trustees at its next scheduled session; and

(iv) No action taken by the university administration under these sections will diminish the ultimate authority of the board to govern the university.

(e) Policy implementation. The university counsel office shall be responsible for the administration of university policies and shall facilitate their development. It shall:

(i) Provide for a standardized policy format;

(ii) Maintain a university register of policies and procedures and provide for the publication and distribution of the same so as to be accessible to all members of the university community;

(iii) Provide for and facilitate effective and responsible participation in policy formulation, implementation and review by appropriate and affected constituencies of the university community;

(5) University committees and councils. The president, with the approval of the board, may establish various committees and councils representing various constituencies to assist in the development of policies for the governance of the university. At all times the role of any such body shall be defined as that of recommending policy, serving in a consultative and/or advisory capacity to the president or appropriate administrative officer. Committee and council recommendations relating to academic standards and policies, instruction, research, professional standards, or faculty personnel policies shall be referred to the faculty or to its elected faculty senate, as chartered by the board, prior to submission to the president for action or for recommendation to the board, as appropriate. The establishment of such committees and councils shall not be construed to limit the ability of the board, the president, the faculty senate, or the administrative officers of the university to initiate and review action in the accomplishment of their assigned responsibilities.

(a) "University committees" are defined as representative bodies concerned with a specialized function of university life. Such committees may be a committee of the faculty senate, a subcommittee of a university council or report directly to an administrative officer or the president.

(b) "University councils" are defined as university-wide bodies representing a constituency or constituencies of the university and related to a major function of the university. Such councils shall report through the appropriate administrative officer of the university. The constitution, charter, bylaws and/or guidelines for such deliberative bodies require the approval of the president and the board.

(c) "University commissions" are defined as ad hoc committees to accomplish a given or assigned task within a defined period of time. Such commissions may be established by a university council, within the limits of its assigned responsibilities, or by the faculty senate, an administrative officer of the university, the president, or the board.

(6) Collegial, school and departmental organization. Each college or school and its subordinate units and any other instructional unit shall prepare guidelines for the management of its affairs. These guidelines should be recommended by the faculty of the unit and approved by the chief administrative officer of the subordinate unit, the appropriate collegial dean, and the provost. Such guidelines shall be consistent with the policies and procedures contained in the university register and may not limit the ability of the board to initiate or authorize action in the exercise of its powers.

(7) Supersession.

(a) The provisions of paragraph (G) of this rule shall supersede all previous actions and, in the event of conflict in existing policies or charters, the provisions of paragraph (G) of this rule shall be the final arbiter in conflicts arising between the provisions of paragraph (G) of this rule and any policies or charters of the university.

(b) Existing internal governance arrangements and university policies are not contravened by this constitution where those arrangements and policies are congruent with the above provisions.

(H) Bylaws of the board of the university. The bylaws of the board are operative by constitutional authority of said body.

(I) Amendments to constitution. This constitution may be altered, amended, or repealed at any meeting of the board pursuant to the procedures set forth for the consideration of business and section 111.15 of the Revised Code.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-02 Bylaws of the board of trustees of Kent state university.

(A) Purpose. These bylaws, including additions or amendments, outline the major policies prescriptive to the board.

(B) Ohio board of regents. Except as expressly provided in Chapter 3333. of the Revised Code, establishing the Ohio board of regents, nothing in such chapter shall be construed to deprive the board of the duties and powers conferred upon it by the law in the government of the university.

(C) Statement on equal opportunity. The board is dedicated to and will provide for equal education and employment opportunities at the university. Further, the full and equal integration of all, regardless of race, religion, national origin, sex, age, or disability, is a principle to which this university is committed.

(D) Legal advisor. The attorney general of the state of Ohio shall be the legal advisor of the board and shall institute and prosecute all suits in its behalf.

(E) Major position vacancies. When the position of an administrative officer, dean, department chairman, or director of a major instructional area becomes vacant, and it is determined that the position shall be continued, a replacement will be selected through established procedures within one year from the first day of vacancy. Failing this selection, the board will name a replacement, following a required recommendation from the president. Such designation by the board will be made no later than its second meeting after completion of the year of vacancy.

(F) Fixing salaries. The selection, classification and wage scales of all personnel not otherwise under contract to the board shall follow the provisions of Chapter 124. of the Revised Code insofar as these provisions apply to the university procedures.

(G) University facilities.

(1) Construction and maintenance. All proposals submitted by the president for the construction of new buildings, the remodeling of older structures and the purchase of new properties shall be reviewed by and be subject to the approval of the board.

(2) Designation of name. University buildings, other structures of a permanent nature, roads and other specific areas which are to be known by particular designation shall be named by the board.

(3) Public use. The use of university facilities shall be governed by such rules and regulations as may be promulgated by the board.

(H) Degrees and certificates.

(1) Degrees and certificates shall be awarded by the board upon recommendation of the university faculties transmitted to the board by the president. All diplomas issued to those receiving degrees from the university shall bear the names of the chairman, the dean of the appropriate college, and the president.

(2) On the recommendation of the faculty, the board may confer such honorary and academic degrees as are customarily conferred by colleges and universities in the United States.

(I) Emeritus status for trustees. A member of the board who has served in that capacity at least two years, and who has performed beyond the regular call of duty, will on termination of his or her membership become an emeritus trustee with all the rights and privileges pertaining thereto.

(J) Gifts. The board, for and in behalf of the university, may accept gifts of money, real and personal property and shall administer same according to law.

(K) Amendments to bylaws. These bylaws may be altered, amended or repealed at any meeting of the board pursuant to the procedures as set forth in the constitution for the consideration of business and section 111.15 of the Revised Code.

Last updated December 16, 2025 at 8:24 AM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-03 University policy regarding the establishment of revision of academic administrative structures.

(A) Purpose. The university recognizes that academic administrative structures should reflect and facilitate the academic mission and strategic direction of the university.

(B) Policy implementation.

(1) All requests for establishing or revising academic administrative structures as provided for in paragraphs (D)(1) to (D)(5) of rule 3342-2-03.1 of the Administrative Code must be supported with a proposal that addresses:

(a) The quality of the faculty, students, and programs;

(b) Centrality and coherence to the mission and strategic directions of the university and other academic units;

(c) Comparative advantage versus other structures;

(d) What makes the unit particularly appropriate for Kent state university;

(e) Demand for the unit and for the graduates of the unit;

(f) Duplication and interrelatedness of the unit's program(s) within the university, state, and region;

(g) Efficiency and effectiveness of the unit in leveraging existing resources and expanding new resources;

(h) Administrative reporting structure;

(i) Space and capital budget needs;

(j) A proposed operating budget with any one-time resource needs;

(k) Evaluation procedures including academic assessment procedures; and,

(l) A timetable for proposal implementation.

(2) Establishment or revision of academic administrative structures must be in conformity with rules 3342-2-03.1, 3342-2-03.2, and 3342-2-03.3 of the Administrative Code.

Last updated March 22, 2024 at 11:15 AM

History

  • Effective: July 1, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-03.1

(A) Purpose. The university recognizes and designates several types of academic administrative structures that serve to facilitate its academic mission. Academic administrative structures exist to coalesce disciplinary expertise, to provide administrative support, to enhance the possibility of obtaining financial resources or extramural funding, and to increase the possibilities for educational or community outreach.

(B) Policy implementation.

(1) Regional campus.

(a) A regional campus may be created to provide instruction, outreach, and research for a geographical service area distinct from the Kent campus.

(b) Each regional campus provides on-site academic and administrative services and generally maintains its own physical plant.

(c) Regional campus faculty set degree requirements for associate degree programs through cognate committees with the approval of the provost, the regional campuses curriculum committee, the college curriculum committee, and the educational policies council and the faculty senate.

(d) The regional campus is a unit of analysis for student headcount, credit hour generation, faculty appointments, academic staff, and budgetary support.

(e) A regional campus shall be established or eliminated by the Ohio board of regents and the KSU board of trustees upon the recommendation of the president and the provost. Prior to recommending the establishment or elimination of a regional campus, or the substantial modification of the academic structures of an existing campus, the president and provost shall consider the recommendation of the vice president for regional development and the executive dean for regional campuses. The president and provost also shall consider a recommendation from the appropriate curricular and governance bodies, including the regional campuses FAC and curricular committee, the educational policies council and the faculty senate.

(f) A regional campus shall be headed by a dean who shall have a dual reporting line to the provost and to the vice president for regional development.

(2) College.

(a) A college may be created to align more effectively academic departments, schools, and programs that share a common mission, similar instructional goals, and related scholarly programs. Typically, the component units of a college shall represent disciplinary or professional specialties that have a close affinity with one another.

(b) The primary rationale for a college is to facilitate cooperation and collaboration among its various academic components while at the same time providing enhanced visibility and stature for these units within the university and with external publics.

(c) A college is also expected to yield substantial benefits for faculty, students, and staff, as well as external constituent groups.

(d) A college shall be established or eliminated by the board of trustees upon the recommendation of the president and the provost. Prior to recommending the establishment or elimination of a college, or the substantial modification of the structures of an existing college, the provost shall consider the recommendation of the appropriate curricular and governance bodies, including the educational policies council and the faculty senate.

(e) A college shall be headed by a dean who shall report directly to the chief academic officer of the university (i.e., provost) and who shall have primary responsibility for all curricular, budgetary, and personnel actions of the college. The dean shall be appointed by the provost upon the recommendation of the appropriate advisory body and approval of the board of trustees.

(3) Departments and dependent schools.

(a) A department or dependent school may be created to house one or more academic programs with associated faculty, degree programs, and students.

(b) The primary rationale for a department or dependent school is to provide instruction in a professional discipline, an academic area or field. Each department has a resident faculty that offers instruction in one or more academic disciplines or fields. Each dependent school has a resident faculty that offers instruction in one or more professional disciplines, academic areas or fields.

(c) Department and dependent school faculty set degree requirements for unit major programs, with the approval of the college curriculum committee and the educational policies council.

(d) The department or dependent school is a unit of analysis for student headcount, credit hour generation, faculty appointments, academic staff, and budgetary support.

(e) Other purposes of departments and dependent schools are to focus scholarly and disciplinary activities of the faculty and to provide professional services in the areas(s) of departmental expertise.

(f) A department or dependent school shall be established or eliminated by the board of trustees upon the recommendation of the president, the provost, and the dean. Prior to recommending the establishment or elimination of a department or dependent school, or the substantial modification of the structure of an existing department(s) or dependent school(s), the provost shall consider the recommendations of the appropriate curricular and governance bodies, including the college curriculum committee, educational policies council and the faculty senate.

(g) A department or dependent school shall be headed by a chair or director who shall have primary responsibility for all curricular, budgetary, and personnel actions of the unit. The chair/director shall be appointed by the dean in consultation with the provost upon the recommendation of the appropriate faculty advisory body and approval of the board of trustees.

(4) Independent school or graduate school.

(a) An independent school or graduate school may be created to house one or more academic programs with associated faculty, degree programs, and students.

(b) The primary rationale for an independent school or graduate school is to provide instruction in a professional field. Each independent school has a resident faculty that offers instruction in one or more professional disciplines or fields.

(c) Independent school or graduate school faculty set degree requirements for the school's major programs, with the approval of the educational policies council.

(d) The independent school or graduate school is a unit of analysis for student headcount, credit hour generation, faculty appointments, academic staff, and budgetary support.

(e) Other purposes of independent schools and graduate schools are to focus scholarly and professional activities of the faculty and to provide professional services in the area(s) of the school's expertise.

(f) An independent school or graduate school shall be established or eliminated by the board of trustees upon the recommendation of the president, the provost, and the dean. Prior to recommending the establishment or elimination of an independent school or graduate school, or the substantial modification of the structure of an existing independent school(s) or graduate school, the provost shall consider the recommendations of the appropriate curricular and governance bodies, including the educational policies council and the faculty senate.

(g) An independent school or graduate school shall be headed by a dean who shall report directly to the chief academic officer of the university (i.e., provost) and who shall have primary responsibility for all curricular, budgetary, and personnel actions of the school. The dean shall be appointed by the provost in consultation with the appropriate advisory body and approval of the board of trustees.

(5) Divisions.

Divisions within academic affairs exist to provide services beyond those offered by colleges, department and dependent schools, or independent schools and graduate schools. These services include, for instance, advising, fundraising, instruction in library use and in research methods, management of the library's collections and databases, and planning and installation of classroom technology, and/or technology support. Current divisions include:

(a) libraries and media services;

(b) research and graduate studies;

(c) undergraduate studies.

(6) Institute.

Institutes established by academic administrative structure shall be governed by rule 3342-2-03.2 of the Administrative Code.

(7) Center.

Centers established as an academic administrative structure shall be governed by rule 3342-2-03.3 of the Administrative Code.

(8) Other designations for general-purpose organizational structures.

Supplemental academic administrative structures receiving, or eligible to receive, institutional recognition and support may be established by the appropriate dean with the approval of the provost. These structures are designed to align with a unit's strategic mission, but do not meet the requirements of a center or institute.

(a) The minimum requirements and procedures for establishing such supplemental academic administrative structures shall be established and maintained by the provost.

(b) Prior to recommending the establishment of a supplemental academic administrative structure to the provost, the dean will consider the recommendations of the department faculty advisory committee and/or the regional campus faculty advisory committee.

Last updated March 22, 2024 at 11:15 AM

History

  • Effective: July 1, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-03.2

(A) Purpose. The university recognizes and designates several types of academic administrative structures that serve to facilitate its academic mission. Institutes created under this policy provide an organizational identity to selected programs and participating faculty, staff and students and supplement and complement the mission of academic units. However, institutes shall not serve as the site of primary academic appointments for faculty nor shall they offer any academic degree or certificate.

(B) Definitions.

(1) Institute. An academic administrative structure that facilitates and administers comprehensive multi-disciplinary and inter-disciplinary research, education and service. While institutes may focus primarily on research and scholarship, they can also provide an organizational identity to cross-campus education and service programs and participating faculty, staff and students and, by doing so, supplement, complement and bridge the individual missions of multiple academic departments, schools and colleges.

(2) Multi-disciplinary activities that draw on knowledge from different disciplines.

(3) Inter-disciplinary activities that depend on the intersection and synergies between different disciplines.

(C) Implementation

(1) An institute may only be created to facilitate comprehensive multi-disciplinary and inter-disciplinary research, education and service on a major problem or on a cluster of significant related topics or issues. The topics or issues that provide the focus for the institute shall involve multiple academic units and incorporate a university-wide perspective.

(2) An institute must serve all three of the following multi-mission criteria in its activities: research, education and service.

(3) An institute shall be established or eliminated by the board of trustees upon the recommendation of the president, provost, vice president for research and sponsored programs, educational policies council and faculty senate. Prior to recommending a substantial modification, the president, provost and vice president for research and sponsored programs shall consider the recommendations of the curricular and governance bodies deemed appropriate through consultation with the faculty senate chair. The provost, in consultation with the vice president for research and sponsored programs, shall be responsible for maintaining and communicating the format, process and minimum requirements for such recommendation.

(4) The provost, in consultation with the vice president for research and sponsored programs, may establish a research initiative as an initial structure to test the viability of potential institute, prior to recommending the establishment of an institute.

(5) A director shall serve as the administrator for an institute and shall be appointed by the provost in consultation with the vice president for research and sponsored programs. The director shall be responsible for filing an annual report with the provost and vice president for research and sponsored programs. The specific requirements addressed by the annual report shall be established by the provost in consultation with the vice president for research and sponsored programs.

(6) Institutes shall adhere to operational procedures established and maintained by the vice president for research and sponsored programs.

(D) Review procedures for institutes.

(1) Unless an exception is requested by the director and approved by the provost in consultation with the vice president for research and sponsored programs, all institutes will be reviewed every five years. The provost, in consultation with the vice president for research and sponsored programs, shall be responsible for maintaining and communicating the format, process and minimum requirements for such review.

(2) Each review will conclude with a recommendation to the provost and vice president for research and sponsored programs to continue, modify, or abolish the structure of the institute. In addition to the results of any review conducted, an institute may be abolished as a result of a review or abandoned as a result of continued inactivity in excess of one academic year.

Last updated March 22, 2024 at 11:16 AM

History

  • Effective: July 1, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-03.3

(A) Purpose. The university recognizes and designates several types of academic administrative structures that serve to facilitate its academic mission. Centers created under this policy provide an organizational identity to selected programs and participating faculty, staff and students, and supplement and complement the mission of academic units. However, centers shall not serve as the site of primary academic appointments for faculty nor shall they offer any academic degree or certificate.

(B) Definitions.

(1) Center. An academic administrative structure that facilitates and administers research, education or service activities. Centers provide an organizational identity to selected research, education or service activities and participating faculty, staff and students, and supplement and complement the individual missions of academic departments, schools and colleges.

(C) Implementation

(1) A center may only be created to provide an administrative structure to focus and bring together research, education or service in a single area or cluster of related areas. The topics or issues that provide the focus for the center may involve multiple academic units.

(2) A center may serve one or more of the following criteria in its activities: research, education, and service.

(3) A center shall be established or eliminated by the board of trustees upon the recommendation of the president, provost, educational policies council and faculty senate. Prior to recommending a substantial modification, the president and provost shall consider the recommendations of the curricular and governance bodies deemed appropriate through consultation with the faculty senate chair. The provost shall be responsible for maintaining and communicating the format, process, and minimum requirements for such recommendation.

(4) A director shall serve as the administrator for a center and shall be appointed by the provost in consultation with the dean(s) of participating colleges and independent schools (hereafter "the dean"). The director shall be responsible for filing an annual report with the dean(s) and provost. The specific requirements addressed by the annual report shall be established by the dean in consultation with the provost.

(5) Centers shall adhere to operational procedures established and maintained by the dean(s).

(D) Review procedures for centers.

(1) Unless an exception is requested by the director and approved by the provost in consultation with the dean, all centers will be reviewed every five years. The dean, in consultation with the provost, shall be responsible for maintaining and communicating the format, process, and minimum requirements for such review.

(2) Each review will conclude with a recommendation to the dean and provost to continue, modify, or abolish the structure of the center. In addition to the results of any review conducted, a center may be abolished as a result of a review or abandoned as a result of continued inactivity in excess of one academic year.

Last updated March 22, 2024 at 11:16 AM

History

  • Effective: July 1, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-04 University policy regarding succession of administrative responsibility.

In the absence of the presdient, the succession of responsibility shall devolve first upon the provost and then upon the other vice presidents in the order of their seniority as vice presidents.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-05 Faculty senate charter.

(A) 0Preamble. The university is dedicated to teaching, advancing knowledge, and to public service. The faculty of the university supports these aims and resolves to promote excellence in all endeavors. In the interest of achieving these objectives, the charter and bylaws of the university faculty senate as set forth in this rule and in rule 3342-2-06 of the Administrative Code, respectively, define a role and mechanisms for effective participation of the faculty in the formation and establishment of university policies and the conduct of university affairs.

(B) Entitlement and functions of the faculty senate.

(1) Adoption of and amendments to this charter and the accompanying bylaws.

(a) This charter and the accompanying bylaws shall, following ratification by the board, supersede all earlier versions of the faculty senate charter and bylaws.

(b) Amendments to this charter and the accompanying bylaws shall proceed in accordance with paragraph (H) of this rule..

(2) General responsibilities and rights of the faculty senate.

(a) The faculty senate shall be concerned with the formulation and enactment of policies for the university as a whole.

(b) The faculty senate shall render advice and, if appropriate, act upon any matters laid before it by the president, bodies of the university, bodies of the faculty senate, or members of the faculty.

(c) Consistent with a principle of shared responsibility, the faculty senate shall recognize its own prerogative and that of the administration of the university to consider any matter relevant to the welfare of the university. Consistent with a need for differential responsibility, the charter and bylaws shall provide for differential involvement of the faculty senate across areas of university interest.

(i) There shall be domains within which the faculty senate and/or its bodies have a primary responsibility. That responsibility is, foremost, to approve or disapprove proposed changes in policy. It shall be understood that faculty senate actions in areas of primary responsibility will be disapproved by the president only in circumstances where substantive reason can be described. It is also understood that a primary responsibility conveys neither an exclusive right nor an exclusive obligation for the genesis or presentation of proposals for change. Ideas and recommendations are the privilege and responsibility of every segment of the university community.

(ii) There shall be domains within which responsibilities for decisions and actions are shared cooperatively with others as specifically assigned through regular channels. Major proposals within these areas shall uniformly be referred to the faculty senate for consideration as provided in implementing procedures.

(iii) There shall be domains in which the faculty senate recognizes an important interest, but within which its role is primarily advisory and consultative.

(d) The faculty senate shall organize, establish, and define the functions of its councils, committees, and commissions.

(e) The faculty senate shall define its own rules and procedures within the limits of this charter and the accompanying bylaws.

(3) Specific responsibilities and rights of the faculty senate.

(a) Primary responsibilities.

(i) The faculty senate shall have primary responsibility for the academic standards and the educational policies of the university. This responsibility shall encompass proposals for the establishment, discontinuance, or major alteration of academic programs.

(ii) The faculty senate shall have primary responsibility for general policies related to professional standards of the university and its faculty. This responsibility includes general policies on faculty appointment, rank, promotion, leave, tenure, and academic privilege; welfare, and dismissal; it also encompasses general policies related to the evaluation of academic programs, units, and personnel.

(iii) The faculty senate shall have primary responsibility for defining the mechanisms of approved or established faculty participation in university governance and in statewide faculty issues and bodies.

(b) Shared responsibilities. The faculty senate shall participate in and consider with others, by means specified in the faculty senate bylaws as included in rule 3342-2-06 of the Administrative Code, problems related to long-range academic planning, student affairs, selection of academic administrative officers, and academic facilities in long-range planning.

(c) Advisory responsibilities.

(i) The faculty senate bylaws shall provide for a body advisory to the president on the university budget.

(ii) The faculty senate shall be consulted with respect to proposed changes in the administrative organization of the university directly and primarily related to academic divisions.

(iii) The faculty senate shall be prepared to render advice on nonacademic facilities.

(d) Recommendations approved by the faculty senate shall be forwarded to the president and, as appropriate, to other subordinate members or bodies of the university; thereafter, the president or the appropriate administrative officers or bodies of the university shall within ninety days advise the faculty senate, in writing, of the nature of the action which has been taken in reference to the recommendation. "Action" as defined shall mean steps which have been taken toward acceptance, rejection, or further study of the recommendation. In the absence of such response within ninety days, acceptance may be assumed.

(e) If a recommendation approved by the faculty senate is not accepted by the president, or appropriate officer, the matter shall be discussed in detail by the interested parties, with the end in view of mutually satisfactory action but without prejudice to final decision.

(f) The faculty senate shall be responsive to faculty petitions seeking initiative and referenda as defined in paragraph (B)(7) of rule 3342-2-06 of the Administrative Code.

(i) On petition containing at least one hundred signatures of tenure-track faculty members and/or full-time non-tenure-eligible faculty members as defined in paragraphs (D)(1)(b) to (D)(1)(c) of this rule, any action of the faculty senate shall be submitted to a referendum of the entire tenure-track and full-time non-tenure-eligible faculty.

(ii) On petition containing at least one hundred signatures of tenure-track faculty members and/or full-time non-tenure-eligible faculty members, the faculty senate shall submit the issue initiated by the petition to a vote of the faculty senate or of the entire tenure-track and full-time non-tenure-eligible faculty, whichever is requested in the petition.

(iii) A majority of votes cast in either an initiative or a referendum shall have the force of faculty senate action.

(iv) The secretary may review any and all signatures to a petition and discard those deemed not to be signed by a tenure-track or full-time non-tenure-eligible faculty member.

(v) All petitions and the signatures contained therein are public records and subject to disclosure to anyone who submits a request to the office of general counsel.

(C) Membership.

(1) Academic unit representatives.

(a) Academic unit representatives shall be elected representatives.

(b) An "academic unit" is a faculty body headed by an administrative officer who reports to the provost or the vice president for Kent state system integration

(c) The full-time non-tenure-eligible faculty shall be considered a unit separate from the academic units in which they have their primary assignments.

(d) Each college, independent school, regional campus, and the university libraries shall be entitled to representation.

(e) Tenure-track faculty with appointment in the college of applied and technical studies shall be entitled to representation in addition to their representation as members of a regional campus.

(f) The number of representatives from an academic unit shall be determined in accord with the faculty senate bylaws and shall be based upon the most recent faculty census.

(2) At-large representatives.

(a) At-large representatives shall be elected representatives.

(b) The number of the at-large representatives shall be determined in accord with the faculty senate bylaws and shall be based upon the most recent faculty census.

(3) Full-time non-tenure-eligible representatives:

(a) Full-time non-tenure-eligible faculty shall be entitled to representation.

(b) Full-time non-tenure-eligible representatives shall be elected representatives.

(c) The number of representatives for the full-time non-tenure-eligible faculty unit shall be determined in accord with the faculty senate bylaws and shall be based upon the most recent faculty census.

(4) "Ex officio" representatives.

(a) The faculty senate bylaws shall enumerate the titles of those individuals who shall be "ex officio" members of the faculty senate.

(b) "Ex officio" representatives are without vote.

(c) Except where specifically indicated otherwise in this charter or the accompanying bylaws, "ex officio" members share the privileges and responsibilities of elected members.

(D) Elections.

(1) Eligibility for faculty senate membership.

(a) Only tenure-track faculty members and full-time non-tenure-eligible faculty members with academic rank are eligible for election to the faculty senate.

(b) Regular faculty members with academic rank are individuals who hold A tenured or tenure track position and the titles of instructor, assistant professor, associate professor, or professor. Tenure track faculty members are full-time faculty members or librarians with indefinite tenutre or full-time faculty members or librarians in the probationary period prior to the tenure review. Tenured or tenure-eligible administrators with faculty rank are not considered to be tenure-track faculty members for the purpose of the faculty senate charter and bylaws.

(c) Full-time non-tenure track faculty members with academic rank are individuals who hold the titles of instructor, lecturer, assistant professor, associate professor, or professor. Full-time non-tenure-eligible faculty members are full-time faculty members or full-time librarians who do not hold an appointment in a tenure-track position. Administrators with faculty rank are not considered to be full-time non-tenure-eligible faculty for the purpose of the faculty senate charter and bylaws.

(2) Term of office.

(a) The term of office for an elected representative is three years, except in special circumstances for which the faculty senate bylaws shall make provision.

(b) The faculty senate year shall begin on the first of June and shall end on the thirty-first of May of the following calendar year.

(3) Electorate.

(a) All tenure-track faculty members; full-time non-tenure-eligible faculty members, and full-time administrators with academic rank except for those who have ex officio membership status are entitled to vote in the elections of their assigned academic unit.

(b) All tenure-track faculty members and full-time administrators with academic rank except for those who have ex officio membership status are entitled to vote in the election of at-large representatives.

(c) An annual census of tenure-track faculty members, full-time non-tenure-eligible faculty members, and full-time administrators with academic rank shall be taken in the fall term of each academic year by the provost or designee. The census shall be used to determine the electorate, the number and apportionment of elected representatives, and to identify by name, department, and academic unit all tenure-track faculty members, full-time non-tenure-eligible faculty members, and full-time administrators with academic rank.

(4) Nominations. Candidates for academic unit representative, full-time non-tenure-eligible representative, and at-large representative shall be nominated as specified in the faculty senate bylaws.

(5) Election procedures.

(a) Elections shall be conducted by the secretary of the faculty senate and certified by the vice chair of the faculty senate.

(b) Elections of both academic unit and at-large representatives shall be conducted by the fractional single transferable vote (FSTV) system.

(E) Officers and delegates of the faculty senate.

(1) Election of officers.

(a) Elected officers of the faculty senate shall be elected annually.

(b) Only elected representatives are eligible for election as officers.

(2) Officers. The elected officers of the faculty senate shall be the chair, the vice chair, the secretary, and an at-large member of the executive committee.

(3) Delegates. A "delegate" shall be an official faculty senate representative to another body which is either within or external to the university as defined in paragraphs (B)(5) to (B)(6) of rule 3342-2-06 of the Administrative Code.

(4) Appointed officers. The faculty senate bylaws may define the responsibilities of additional officers who shall be selected by appointment.

(F) Meetings.

(1) Types of meetings.

(a) The faculty senate shall hold regularly scheduled meetings which may be attended by any member of the faculty, administration, or student body, or by other guests upon invitation of the faculty senate.

(b) The faculty senate may hold special meetings which may be closed to nonmembers by the chair of the faculty senate, by the faculty senate executive committee, or by vote of the faculty senate.

(2) Frequency and schedule of meetings. The faculty senate shall schedule at least eight regular meetings per year.

(3) Procedures and rules.

(a) The faculty senate bylaws shall establish rules and procedures under which the faculty senate meetings shall be conducted.

(b) A quorum shall be a simple majority of the elected members. The presence of a quorum is required for the faculty senate to take binding action and to vote on substantive matters.

(c) Meetings of the faculty senate, except where explicitly specified otherwise in the faculty senate charter and bylaws, shall be conducted in accord with "Robert's Rule of Order Revised."

(4) Minutes of all regular faculty senate meetings shall be made available to the faculty.

(G) Councils, committees and commissions.

(1) Rights of the faculty senate and definitions.

(a) The faculty senate may establish faculty senate councils. A "faculty senate council" is a permanent body chaired by the president, the provost, or a faculty senate member appointed by the faculty senate executive committee.

(b) The faculty senate may establish faculty senate committees. A "faculty senate committee" is a permanent body chaired by a faculty member, or an administrative officer other than the president or the provost.

(c) The faculty senate may establish faculty senate commissions. A "faculty senate commission" is a body which is discharged upon completion of a specific responsibility.

(d) A "body of the faculty senate" is any council, committee, or commission so designated by the faculty senate charter or the accompanying bylaws, or established by action of the faculty senate.

(e) Bodies not of the faculty senate whose primary concerns are the total university, as opposed to collegial and departmental matters, shall be referred to as university councils, university committees and university commissions.

(2) Councils of the faculty senate. The educational policies council shall be a body of the faculty senate. The educational policies council shall consider curricular matters of concern to the university as a whole, and shall be the faculty senate body responsible for long-range academic planning for the university. Following discussion and support of the educational policies council, all curricular matters including associate, undergraduate, graduate, certificate, and research programs offered on all campuses are forwarded to the faculty senate for approval.

(3) Committees of the faculty senate.

(a) The faculty senate executive committee shall be a body of the faculty senate.

(b) The professional standards committee shall be a body of the faculty senate.

(c) The committee on administrative officers shall be a body of the faculty senate. The committee on administrative officers shall represent the faculty senate and the faculty in procedures implemented to select or replace the president, the provost, and other academic administrative officers of the university. It shall be available for consultation by the president on other matters involving administrative officers.

(d) The committee on committees shall be a body of the faculty senate.

(e) The faculty ethics committee shall be a body of the faculty senate.

(f) The faculty senate budget advisory committee shall be a body of the faculty senate.

(g) The faculty marshals shall be a body of the faculty senate.

(h) The survey of student instruction review committee shall be a body of the faculty senate.

(i) The university libraries advisory committee shall be a committee of the faculty senate.

(4) Commissions of the faculty senate. The chair of the faculty senate shall establish commissions as needed.

(5) Responsibilities and prerogatives of the faculty senate councils, committees and commissions.

(a) Faculty senate bodies shall carry out charges directed to them by the faculty senate or the chair of the faculty senate.

(b) Faculty senate bodies shall assume responsibilities within their general sphere of interest.

(c) Faculty senate bodies may appoint subcommittees.

(6) University councils, committees, commissions and boards.

(a) The president, in consultation with the committee on committees, shall designate those university councils, committees, commissions and boards to which the faculty senate may appoint one or more senator(s) to full membership. The appointee(s) shall be the faculty senate representative(s) of the body.

(b) Those university councils, committees, commissions, and boards designated positively u0nder paragraph (G)(6)(a) of this rule shall report to the faculty senate upon request.

(c) The faculty senate may recommend responsibilities to university councils, committees, commissions and boards.

(7) Membership of faculty senate bodies shall be determined in accordance with the procedures in the faculty senate bylaws. Membership of faculty senate bodies shall be listed on the faculty senate website.

(8) Additional programs, functions, and responsibilities of the faculty senate may be established.

(H) Amendments.

(1) Proposals to amend the faculty senate charter.

(a) Proposals to amend the faculty senate charter may be submitted to the faculty senate at any regular meeting.

(b) A valid proposal to amend the faculty senate charter must be submitted in writing and must be supported by the handwritten signatures of:

(i) At least ten elected members of the faculty senate, or

(ii) At least twenty-five tenure-track and/or full-time non tenture-eligible faculty members, or

(iii) The majority of the membership of a charter and bylaws commission appointed by the chair of the faculty senate to prepare proposed amendments.

(2) Votes upon proposed amendments to the faculty senate charter.

(a) The faculty senate shall vote upon a proposed amendment to the faculty senate charter at the regular meeting immediately following the one at which the amendment is introduced.

(b) The secretary of the faculty senate shall circulate a written copy of the proposed amendment to each member of the faculty senate at least two weeks in advance of the meeting at which a vote is to occur.

(c) Written ballots shall be used in votes upon proposed amendments to the faculty senate charter.

(d) Amendments to the faculty senate charter shall require a favorable vote of at least two-thirds of the members of the faculty senate present and qualified to vote.

(3) Proposed faculty senate charter amendments ratified by the faculty senate.

(a) Amendments ratified by the faculty senate shall be submitted to the president and the board for approval.

(b) Amendments approved by the president and the board shall be incorporated into the faculty senate charter.

(c) A veto of a proposed amendment shall be accompanied by a statement expressing reasons for the veto.

(d) An amendment which fails because of a veto may be voted upon again by the faculty senate and, if the vote is favorable, may be submitted to the president and the board a second time.

(4) Proposed faculty senate charter amendments which fail to be ratified by the faculty senate.

(a) A proposed amendment which fails to receive faculty senate approval may be ratified by a vote of the full-time faculty as described in paragraph (H)(4)(c) of this rule.

(b) The secretary of the faculty senate shall conduct a referendum on the question of the amendment if a petition requesting a referendum is submitted containing the signatures of at least one hundred tenure-track and/or full-time non-tenure-eligible faculty.

(c) Ratification of a proposed amendment by the full-time faculty shall require a favorable vote of at least two-thirds of the electorate consisting of tenure-track and non-tenure-eligible faculty members eligible and voting.

(d) Amendments ratified by the faculty shall be processed in the same manner as amendments ratified by the faculty senate.

(5) Amendments to the faculty senate bylaws.

(a) Amendments to the faculty senate bylaws shall require a favorable vote of at least two-thirds of the members of the faculty senate present and qualified to vote.

(b) Amendments to the faculty senate bylaws ratified by the faculty senate shall be submitted to the president and the board for approval, with any veto accompanied by a statement expressing reasons for the veto, and, subsequently, the amendment is subject to resubmission by the faculty senate a second time for final disposition.

(6) Effective date for incorporation of amendments into the faculty senate charter and the accompanying bylaws, and for implementation of changes mandated by amendments.

(a) Amendments to the faculty senate charter and the accompanying bylaws are incorporated into said charter and bylaws immediately after approval by the faculty senate, the president, and the board, and pursuant to the procedures established in section 111.15 of the Revised Code for the filing of new rules, amendments or rescissions.

(b) Changes mandated by incorporation of amendments into said charter and/or bylaws will be implemented immediately, subject to the following understandings and exceptions.

(i) No current member of the faculty senate shall be removed from membership as a consequence of new rules governing number and/or apportionment of representatives. All senators shall serve out their terms.

(ii) When changes in rules increase the number of elected representatives due any constituency, the increase shall be accomplished in the immediately following regularly scheduled election.

(iii) In instances in which application of the principle of immediate implementation introduces ambiguities or creates special problems, the faculty senate shall vote to resolve the points at issue.

(I) Miscellaneous provisions.

(1) Rights of the board of trustees. The board reserves the power to initiate and make changes in this charter or to take other actions in accordance with sections 3341.01 to 3341.06 of the Revised Code or any applicable statute, or rules, directives, or regulations of the Ohio department of higher education.

(2) A member of the faculty senate may be granted a reduced teaching load during the period of this service to the faculty senate. Officers and members of the executive committee of the faculty senate shall be granted reduced teaching loads during the period of their service to the faculty senate.

(3) Delegates to the faculty senate.

(a) All bodies to which the faculty senate has delegates may send delegates to the faculty senate.

(b) The faculty senate may recognize delegates from other bodies.

Last updated April 26, 2021 at 9:40 AM

History

  • Effective: April 26, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-06

(A) Entitlement and functions of the faculty senate. The entitlement and functions of the faculty senate are specified in the faculty senate charter as included in rule 3342-2-05 of the Administrative Code.

(B) Definitions.

(1) "Tenure-track faculty member" denotes a full-time faculty member or librarian with indefinite tenure or a full-time faculty member or librarian in the probationary period prior to the tenure review. Tenured or tenure-eligible administrators with faculty rank are not considered to be tenure-track faculty members for the purpose of the faculty senate charter and bylaws.

(2) "Full-time non-tenure-eligible faculty member" denotes a full-time faculty member or full-time librarian who does not hold an appointment in a tenure-track position. Administrators with faculty rank are not considered to be full-time non-tenure-eligible faculty for the purpose of the faculty senate charter and bylaws.

(3) "Designee" denotes a person selected or designated to represent a regular member of faculty senate or its councils, committees, commissions, or other bodies should the regular member be unable to fulfill her or his duties for an extended period of time. A designee has all of the privileges and responsibilities of the regular member.

(4) "Proxy" denotes a person serving as a temporary substitute for a regular member of one of faculty senate's councils, committees, commissions, or other bodies in the regular member's occasional absence. A proxy has all of the privileges and responsibilities of the regular member, except voting.

(5) "Delegate of the faculty senate" denotes an official faculty senate representative to another body which is either within or external to the university.

(6) "Delegate to the faculty senate" denotes a person designated to represent other bodies at the faculty senate.

(7) "Petition" denotes a document calling upon the faculty senate or the entire full-time faculty to take some action. Each copy of a petition shall include the full text of the petition and some number of lines on which a faculty member may indicate his or her support for the preceding petition by:

(a) Including his or her handwritten signature or a digital reproduction thereof,

(b) Clearly printing his or her name, and

(c) Indicating the date signed. Although a petition may be circulated as an email attachment, in no case does an email message by itself constitute a petition.

(C) Membership.

(1) Academic and full-time non-tenure-eligible unit representatives.

(a) Each academic unit having at least ten tenure-track faculty members shall be entitled to one representative for the first ten tenure-track faculty members, a second representative for an additional fifty tenure-track faculty members, and one additional representative for each fifty tenure-track faculty members in excess of sixty.

(i) Administrators with faculty rank who are tenured or in the probationary period prior to tenure shall be included in the census of full-time faculty of the academic unit in which they hold academic rank and may vote in the election for that unit. However, administrators with faculty rank who are tenured or in the probationary period prior to tenure may not stand for election to faculty senate.

(ii) Tenure-track faculty and tenured administrators with faculty rank whose responsibilities are exclusively or primarily associated with a regional campus shall be counted in the census of that campus and, with the exception of the college of applied and technical studies, shall not be counted in the census of the university-wide college or school in which they also hold rank.

(iii) The college of applied and technical studies census will show some overlap of individuals who are members of the college of applied and technical studies, as well as faculty on a regional campus. Those individuals are entitled to participation in the election of representatives both from the college of applied and technical studies and from the regional campus.

(iv) If there are tenure-track faculty members or tenured administrators with faculty rank not clearly identified with an academic unit or for whom primary identification is uncertain, such individuals shall each be assigned for purposes of faculty senate representation to a specific academic unit by the provost in consultation with the executive committee of the faculty senate and, if necessary, with the person(s) involved.

(v) Part-time faculty members are not eligible for faculty senate membership or participation in the election of representatives; nor are "visiting" or adjunct faculty, unless the appointment is explicitly for more than a single academic year of continuing full-time teaching, research, or service as a librarian.

(b) Full-time non-tenure-eligible faculty shall constitute a separate unit and (except as specified in paragraph (C)(1)(d) of this rule) shall not be counted in the census of the college, school or department in which they hold rank, nor in the census of the campus where they have their primary appointment. The full-time non-tenure-eligible faculty will not be included in the overall census for determination of the number of at-large representatives. The non-tenure-eligible faculty unit shall be entitled to one representative for the first ten faculty members, a second representative for an additional fifty faculty members, and one additional representative for each fifty faculty in excess of sixty.

(c) The "faculty head count" compiled by the office of the provost in the fall academic term shall constitute the basis for identification of academic units entitled to representation; the identification of tenure-track faculty and "full-time non-tenure-eligible" faculty; and the assignment of an individual to a specific college, independent school, regional campus or to the full-time non-tenure-eligible unit. A separate roster of "administrators with academic rank" shall also be compiled and combined with the "faculty head count" to constitute the census (referenced in paragraph (C)(1)(f) of rule 3342-2-05 of the Administrative Code) for determining the appropriate representation of the academic units.

(d) If an academic unit has fewer than ten tenure-track faculty members, but the total number of full-time faculty members exceeds ten, then the electorate for that unit will consist of all full-time faculty members.

(e) If an academic unit or the full-time non-tenure-eligible unit has fewer than ten members, the unit shall be represented in faculty senate elections through self-determined affiliation with another academic unit. The total number of faculty in the combined units shall determine the number of representatives to be accorded to them.

(2) There shall be one at-large representative for each one hundred members of the tenure-track faculty electorate or the major portion thereof (fifty-one through ninety-nine).

(3) Individuals holding the following positions or their designees shall be "ex officio" members of the faculty senate: the president; the provost and vice presidents; the deans of the colleges and the deans or directors of independent schools; the dean of university libraries; the dean of university college; the dean of graduate studies; and the dean of the honors college.

(4) The chair of the retired faculty association or designee, the executive chair of the graduate student senate or designee, the president of the undergraduate student government or designee, an elected representative from the part-time faculty, and a parliamentarian appointed by the chair-elect of the faculty senate shall be observers in the faculty senate and have the right of the floor.

(D) Elections.

(1) Term of office.

(a) The term of office of an elected representative shall be three years except in such instances as provided for in this rule.

(b) If it is known or anticipated that an elected representative will be absent from, or unable to discharge his or her responsibilities to, the faculty senate for an entire academic semester (including summer) or longer, the representative's place on the faculty senate shall be filled during his or her absence by an alternate. The alternate will serve with full privileges and responsibilities of an elected representative until the return of the representative he or she replaces or until the completion of that representative's term.

(c) The secretary of the faculty senate is responsible for determining whether an alternate representative is needed and for initiating actions necessary to implement the appointment.

(d) The faculty senate executive committee shall render decisions when questions are raised regarding the seating of an alternate representative.

(e) A representative will be replaced by the highest available alternate from the immediately preceding election held by the electorate which selected the representative.

(f) If no alternate is available from the most recent senate election in that unit to replace a representative therefrom, it shall be the responsibility of the highest elected faculty body of that unit to provide for a representative. For at-large vacancies the faculty senate shall provide for a representative.

(2) Removal and recall of elected representatives.

(a) When an elected representative has been absent from three consecutive regular meetings of the faculty senate without provision for temporary replacement by an alternate (as provided in paragraph (D)(1)(c) of this rule), the secretary of the senate shall notify the faculty senate executive committee of this fact and report same in the minutes of the faculty senate.

(b) After reviewing the circumstances and discussing them with the affected senator, the faculty senate executive committee may recommend that the senator be removed from office and his or her place in the faculty senate assumed by the highest available alternate from the most recent election of the academic unit (or at-large), the alternate to serve for the remainder of the term of the removed senator or until the next regular election for faculty senate representatives, whichever comes first.

(c) Removal shall be effected or disapproved by majority vote of members present and voting of the faculty senate at a meeting to which the senator whose removal has been recommended has been invited and availed both the right of the floor and of the vote, to both of which as an elected representative to the faculty senate he or she is entitled.

(d) Upon receipt of a petition containing the valid signatures of full-time faculty members comprising twenty per cent of the eligible electorate of that constituency, the secretary of the faculty senate shall, within thirty days, conduct a special recall election among the electorate of the constituency which selected the senator whose recall is being requested.

(e) A two-thirds majority of eligible faculty voting in the recall election shall effect the removal of the senator, his or her place in the faculty senate to be assumed by the highest available alternate from the most recent faculty senate election of that unit.

(f) If no alternate is available, the faculty senate may advise the executive committee to fill the vacancy in accord with the provisions of paragraph (D)(1) of this rule.

(g) Representatives elected by an academic unit who during their term of office change their assigned academic unit shall be ineligible to complete their elected term, and their place on the senate shall be filled according to the provisions of paragraphs (D)(1)(e) and (D)(1)(f) of this rule.

(3) Rotation of terms.

(a) In order to provide for an appropriate balance between continuity and rotation of faculty senate membership over a three-year cycle of annual elections among academic unit representation, at-large representation, and the faculty senate membership as a whole, the faculty senate executive committee--with the approval of the faculty senate--shall be empowered prior to the first elections conducted under these revised provisions of the faculty senate bylaws and at three-year intervals thereafter to provide for this balance by designating certain specific seats to be filled for a term shorter than three years.

(b) Wherever possible, this shall be effected by designating that the initial multiple-representative academic unit and at-large elections shall be for successively shorter terms, e.g., the first candidate elected under the fractional single transferable vote system shall serve a full three-year term, the second a two-year term, and so forth.

(c) In effecting a proper distribution of single-representative academic units over a three-year cycle, the designation shall be made by lot with the independent schools and regional campuses grouped separately.

(d) In the implementation of these revised representation and election provisions and procedures, no incumbent senator is to lose his/her seat prior to the normal expiration of the term, nor is any academic unit to be denied or delayed its appropriate representation in the faculty senate.

(4) Nominations.

(a) On the Monday after Thanksgiving the secretary of the senate shall send forms to each tenure-track and full-time non-tenure-eligible faculty member for each of the constituencies for which they are eligible to nominate. Nomination forms are to be submitted to the faculty senate office no later than the end of the fall term.

(b) Nomination forms for a nominee must contain the signature of the nominee and at least two signatures of eligible members of the electorate that the nominee would represent.

(c) A faculty member is eligible to sign no more than one nomination form for an academic unit representative, no more than one nomination form for a full-time non-tenure-eligible representative, and no more than one nomination form for an at-large representative.

(d) In the event that the nominations obtained for unit representatives or at-large representatives total fewer than twice the number of representatives to be elected, the executive committee of the faculty senate shall make the necessary nominations to achieve the desired number.

(e) Tenure-track faculty may be nominated either for academic unit representative or for at-large representative, but not both. Full-time non-tenure-eligible faculty may only be nominated for the non-tenure-eligible unit.

(5) Election procedures.

(a) Ballots shall be sent directly to each member of the electorate no later than the third week of the spring term either by physical mail or using electronic means that guarantee the same level of security and anonymity. Each voter shall receive one ballot for each election in which he or she is eligible to vote. In the case of ballots mailed physically, ballots shall be returned to the faculty senate office in a signed and sealed envelope no later than Friday of the fifth week of the spring term. In the case of electronic ballots, they will be returned by means to a designated web site no later than Friday the fifth week of the spring term.

(b) As a part of these bylaws there shall be appended a description of the fractional single transferable vote (FSTV) system, including a sample ballot and a description of the procedure by which ballots are counted, candidates are declared elected, and defeated nominees are ranked as alternates. If only two candidates are vying for one seat, election shall be by simple majority of the valid ballots cast. Ties will be resolved by the secretary's flip of a coin in the presence of the chair and vice-chair of the faculty senate or an equivalent in the online voting system.

(c) The secretary of the faculty senate shall notify all candidates of the election results, no later than Friday of the seventh week of classes of the spring term.

(d) The results of all elections shall be filed and shall become part of the records of the faculty senate.

(E) Officers and delegates.

(1) Election of officers.

(a) In the fifth week of the spring term the chair of the faculty senate shall appoint a nominating committee from the elected membership of the present faculty senate. The committee shall have three members and shall endeavor to have at least two candidates for the offices of chair, vice chair, secretary, and one at-large member of the executive committee from the elected faculty senate membership. The nominating committee shall issue a call for nominations from the full membership of faculty senate. The nominating committee shall not put forward any of its members as candidates. The committee shall determine the best possible slate of candidates willing to serve in advance of entering their names in nomination. The names of nominees shall be circulated to members of the faculty senate-elect no later than ten seven days prior to the penultimate meeting of the spring term.

(b) Officers of the faculty senate shall be elected at the penultimate meeting of the spring term. Elected representatives of the faculty senate-elect shall be invited to the meeting and shall constitute the electorate. Additional nominations may be made from the floor by members of the electorate. Elections shall be conducted by the fractional single transferrable vote (FSTV) system. Ballots shall be counted by tellers selected by the chair.

(c) Officers shall be elected sequentially in the following order: chair, vice chair, and secretary and at-large member of the executive committee. A defeated candidate may be nominated for another office.

(d) Term of office/vacancy in office.

(i) The term of office for all officers shall be one year. Officers may be re-elected to an office without limitation provided his or her three-year term has not expired.

(ii) In the event of a vacancy in office of chair, the vice chair accedes to the office of chair and a special election will be held to fill the office of vice chair.

(iii) In the event of a vacancy in any other elected senate office, a special election will be held to fill that office.

(2) Officers and their responsibilities.

(a) Duties of the chair of the faculty senate.

(i) The chair shall preside at regular and special meetings of the faculty senate.

(ii) The chair of the faculty senate shall be the chair of the executive committee.

(iii) The chair or designee shall represent the faculty senate in its external relations, except where these bylaws provide for other representatives. The chair shall be one of the representatives to the Ohio faculty council.

(iv) The chair shall facilitate the legislative action of the faculty senate by monitoring the activities of the faculty senate committees, by serving as a liaison between the faculty senate executive committee and other committees, and by determining that committee proposals and recommendations are brought to the faculty senate in proper form and after due process.

(v) In instances in which faculty senate resolutions are forwarded to individuals or bodies for approval or action, the chair shall deliver the resolutions and be responsible for reporting to the faculty senate the responses of the receiver.

(vi) The chair shall be responsible for the management of the faculty senate office.

(vii) The chair shall be the appointing officer for all appointed positions in the faculty senate, except that after the election of officers in the spring term, the chair-elect shall be the appointing officer for all appointments for the coming year.

(viii) The chair must approve individual purchases from the faculty senate budget which exceed two hundred fifty dollars.

(ix) The chair shall have such other duties as are assigned by actions of the faculty senate, by the faculty senate charter, or by these bylaws.

(x) The chair of the faculty senate shall have ex officio membership on all faculty senate councils, committees, and commissions.

(b) Duties of the vice chair of the faculty senate.

(i) The vice chair shall preside at meetings of the faculty senate and shall chair the faculty senate executive committee in the absence of the chair.

(ii) The vice chair shall assume all of the duties of the chair of the faculty senate whenever the chair is absent from the campus more than two consecutive weeks.

(iii) The vice chair of the faculty senate shall be the chair of the committee on committees.

(c) Duties of the secretary of the faculty senate.

(i) The secretary shall supervise the preparation and distribution of the faculty senate minutes.

(ii) The secretary shall be the archivist of the faculty senate and shall file all faculty senate correspondence and copies of the minutes of faculty senate committees and other committees reporting to the faculty senate.

(3) Faculty senate delegates.

(a) Duties of delegates.

(i) Delegates shall be the principal agents of communication between the faculty senate and the bodies to which the delegates have been assigned.

(ii) Delegates shall attend the meetings of the groups to which they have been assigned.

(iii) Delegates shall prepare upon request or by their own initiative, oral and/or written reports to be presented to the faculty senate and/or the faculty senate executive committee.

(b) Designation and selection of delegates.

(i) The chair of the faculty senate shall be the delegate to the board of trustees.

(ii) The chair of the faculty senate shall be a member of and the delegate to the president's advisory council.

(iii) The chair of the faculty senate shall appoint the requisite delegate(s) to serve during his/her term to:

(a) The Ohio faculty council. The chair shall be a delegate to the Ohio faculty council. In addition, the chair shall appoint one additional delegate and one alternate. The appointee and the alternate may be any tenure-track or full-time non-tenure-eligible faculty member.

(b) Appropriate organization(s) of student governance, as requested.

(c) Appropriate organization(s) of the university alumni association, as requested.

(d) The university parents organization(s), as requested.

(e) Such other university or statewide organizations as may request a delegate representing the faculty of the university.

(iv) The chair shall also appoint a member of the tenure-track or full-time non-tenure-eligible faculty, not necessarily a senator, as a faculty representative to the alumni council.

(4) Removal and recall of elected officers.

(a) Upon receipt of a petition containing the valid signatures of faculty senators comprising twenty per cent of the elected membership of faculty senate, the secretary of the faculty senate shall within thirty days conduct a special recall election of the officer whose removal is being requested. If the secretary is the officer whose recall is requested, this special election shall be conducted by another elected officer designated by the chair of faculty senate.

(b) A two-thirds majority of eligible senators voting in the recall election shall effect the removal of the officer. A special election shall be held to elect a replacement.

(F) Meetings.

(1) Types of meetings.

(a) Regular meetings shall be open meetings.

(b) Guests may be invited to closed meetings by the chair of the faculty senate or the faculty senate executive committee or by vote of the faculty senate.

(c) Special meetings may be called by the chair of the faculty senate. The chair shall be obliged to convene the faculty senate whenever one-fifth or more of the members submit a written request for a special meeting.

(2) Frequency and schedule of meetings.

(a) The number of regular meetings in each term shall be at least: fall, four; spring, four. A summer meeting may be called at the discretion of the executive committee.

(b) Regular meetings of the faculty senate shall be scheduled on Mondays, normally the second Monday of each month of the regular academic year during which the university is in session.

(c) If called, a summer meeting shall normally be scheduled the first Monday of the summer III term.

(3) Procedures and rules.

(a) Meetings of the senate, except where explicitly specified otherwise in the faculty senate charter and bylaws, shall be conducted in accord with "Robert's Rules of Order Revised."

(b) Normally, the regular agenda shall be:

(i) Call to order

(ii) Roll call

(iii) Approval of the agenda

(iv) Approval of minutes

(v) Senate chair's remarksPresi

(vi) dent/provost's remarks

(vii) Old business

(viii) New business

(ix) Announcements/statements for the record

(x) Adjournment

(c) The faculty senate executive committee may prepare an agenda which devotes a meeting to discussion, precludes action, and sets aside "Robert's Rules of Order Revised."

(d) Privileges of the floor.

(i) Senators shall have first privilege of the floor, followed by administrators who are ex-officio members of the senate, the retired faculty observer, student observers (graduate and undergraduate student senate officers), and the part-time faculty observer.

(ii) Faculty senate delegates to other bodies shall have the privilege of the floor at all regular meetings of the faculty senate.

(iii) A guest or delegate may be recognized if the chair rules that recognition is appropriate. Guests or delegates need not be introduced by a senate member.

(iv) An elected member of the faculty senate who will be absent from a meeting may delegate neither his or her seat nor vote to a proxy.

(e) Voting procedures.

(i) Voice votes shall be the usual voting procedure. Other voting procedures (e.g. show of hands) may be selected at the senate chair's discretion.

(ii) A request by any member for a secret ballot shall be granted unless a majority of the faculty senate elects to vote in another manner.

(iii) A member may move for a roll call vote. The motion for a roll call vote must be seconded, is not debatable, and must pass by a majority vote.

(iv) Under special circumstances, the faculty senate, or its councils, committees, commissions or other bodies, may conduct electronic votes.

(f) The secretary may require that motions and amendments be submitted in writing.

(4) Minutes, invitations and announcements.

(a) An agenda shall be sent to each member of the faculty senate three working days in advance of regular meetings.

(b) All faculty senate delegates and delegates to the faculty senate from other bodies shall receive invitations and agenda to regular meetings.

(c) The faculty senate, through its chair, shall invite appropriate administrative officers, including the president, to discuss university matters with faculty senate.

(d) A full record of the proceedings of each faculty senate meeting shall be filed in the faculty senate office. An edited set of minutes which preserves the substance of the meeting shall be distributed to members of the faculty senate and to chairs and directors of academic units. At regular intervals, at least once in each academic term, a digest and status report of faculty senate actions shall be distributed to the faculty.

(G) Councils, committees and commissions.

(1) Rights of the faculty senate and definitions. The rights of the faculty senate and definitions with respect to councils, committees and commissions are specified in paragraph (G)(1) of rule 3342-2-05 of the Administrative Code.

(2) Educational policies council.

(a) The educational policies council shall be concerned with conceptual and structural aspects of long-range academic planning; overall curricular planning; the arbitration of interdepartmental and intercollegial curricular disputes; the conformity of collegial and departmental curricular programs and proposals to university-wide policies; the establishment, inactivation or significant revision of academic programs; the establishment and discontinuance of bodies or agencies that are directly related to academic programs; the standards for admission and graduation of students; library policies and facilities; and such matters as may be referred to it by college curriculum committees, advisory councils or the faculty senate that are related to issues that affect undergraduate and graduate education.

(b) All recommendations of the educational policies council related to long-range academic planning or to the establishment, inactivation or significant revision of academic policies, programs or bodies shall be submitted to the faculty senate for approval. Proposals for the inactivation or significant revision to an academic program shall be preceded by a program review conducted according to established procedures in the appropriate college.

(c) Business of the educational policies council that normally would not come to the faculty senate floor may, at the option of said council or at the request of the faculty senate, be brought to the floor.

(d) All commissions appointed to consider academic planning for the university shall report to the educational policies council.

(e) The chair of the educational policies council shall appoint a university requirements curriculum committee, which shall be concerned with the Kent core requirements, diversity requirements, writing-intensive requirements and experiential learning requirements. This subcommittee shall report to the educational policies council.

(f) Chnages to the composition of the educational policies council membership or changes in the process of selection and appointment of members to the council shall be proposed by the committee on committees and approved by the faculty senate.

(3) Committees of the faculty senate.

(a) Faculty senate executive committee.

(i) The faculty senate executive committee shall be the three officers elected by the faculty senate (chair, vice chair, and secretary), one at-large member elected by the faculty senate, and two senators appointed by the chair-elect prior to the inauguration of his/her term upon consultation with the other officers-elect and with due regard to appropriate representation among the collegial units and curricular divisions of the university. In addition, at the invitation and pleasure of the chair-elect, the immediate past chair may serve as an ex-officio (not voting) member of the executive committee.

(ii) The faculty senate executive committee shall prepare agenda for faculty senate meetings; shall transact routine business for the faculty senate between meetings; shall meet with the president regularly for confidential discussions or consideration of faculty senate business; and shall act for the faculty senate in emergencies. The faculty senate executive committee may assign responsibilities to faculty senate councils, committees, and commissions and determine which recommendations of these bodies require specific faculty senate approval. Individuals may appear before the faculty senate executive committee to make requests or present ideas relevant to the current or potential senate business.

(iii) The executive committee shall meet regularly each term during the academic year and during the summer.

(iv) The secretary of the faculty senate shall be the secretary of the executive committee and shall circulate minutes of meetings to all members of the faculty senate.

(v) Subsequent to the election of officers in the spring term, the chair shall invite members of the executive committee-elect to all meetings of the executive committee.

(b) Professional standards committee.

(i) The professional standards committee shall be concerned with standards and policies encompassing matters such as faculty rank, promotion, appointment, leave, privilege, tenure, and dismissal.

(ii) The professional standards committee shall be concerned with policies and procedures relevant to the evaluation of academic units.

(iii) The professional standards committee shall be concerned with the quality of instruction.

(iv) Changes to the composition of the professional standards committee membership or changes in the process of selection and appointment of members to the committee shall be proposed by the committee on committees and approved by the faculty senate.

(c) Committee on administrative officers.

(i) The committee on administrative officers shall interview candidates for the administrative positions within the province of the committee.

(ii) The committee on administrative officers shall establish, within the constraints of the law and of the faculty senate charter and these bylaws, a published set of procedures which shall define the extent and mechanics of its participation in the selection of administrative officers. Before becoming operative, the procedures shall be approved by the faculty senate, the president, and the board.

(iii) The chair of the faculty senate shall be the chair of the committee on administrative officers.

(iv) Changes to the composition of the committee on administrative officers membership or changes in the process of selection and appointment of members to the committee shall be proposed by the committee on committees and approved by the faculty senate.

(d) Committee on committees.

(i) The committee on committees shall be a resource body for the chair-elect (or chair) of the faculty senate whose responsibility it is to oversee the appointment of the members of all senate committees where the members are not otherwise selected as stipulated by these bylaws, and to appoint the convener thereof where appropriate.

(ii) The committee on committees should propose to the, chair-elect or chair of the faculty senate, members and alternates for appointed positions to be filled on all university councils, committees, commissions and boards.

(iii) Essential information on each university and senate body to which the committee on committees nominates members is maintained in a separate document which shall be approved by the committee on committees, in which shall be specified the structure of each group. This catalog of university and senate councils, committees, commissions and boards identifies the body's charge, qualifications of membership, number of members and alternates, term and means of appointment, and the office to which the body reports. Request for alteration of catalog entries may be made by notifying the chair of the committee on committees no later than January first, to be effective the following academic year.

(iv) The committee on committees shall make recommendations regarding the structure and functioning of faculty senate and university councils, committees, commissions and boards.

(v) In the spring term the committee shall make available in summary form information on each group and circulate an interest inventory to all faculty members to determine the committees for which individuals would like to be considered.

(vi) Annual recommendations of faculty members for membership on university councils, committees, commissions and boards shall be completed before the end of the spring term. Prior to the meeting at which recommendations are made, the faculty senate executive committee shall designate those university councils, committees, commissions and boards upon which the faculty senate shall have representation during the coming faculty senate year within the term of faculty senate, paragraph (G)(6)(a) of the faculty senate charter as provided for in rule 3342-2-05 of the Administrative Code.

(vii) Changes to the composition of the committee on committees membership or changes in the process of selection and apointment of members to the committee shall be proposed by the faculty senate executive committee and approved by the faculty senate.

(e) Faculty senate budget advisory committee.

(i) The faculty senate budget advisory committee shall be advisory to the president on matters related to the university budget.

(ii) Changes to the composition of the faculty senate budget advisory committee membership or changes in the process of selection and appointment of members to the committee shall be proposed by the committee on committees and approved by the faculty senate.

(f) Faculty ethics committee.

(i) The faculty ethics committee shall serve as a screening and hearing body for any faculty member(s), who wishes to lodge a charge of unethical professional practice against another faculty member. A charge may also be filed against an administrator with faculty rank only in relation to those responsibilities assigned as a faculty member. "Unethical professional practice" is defined as violations of the faculty code of professional ethics (as included in rule 3342-6-17 of the Administrative Code). The ethics committee may also serve as a hearing body for faculty members who wish to request a hearing to respond to charges made against them.

(ii) The operating procedures for the faculty ethics committee shall be developed by the committee subject to approval by the faculty senate.

(iii) Changes to the composition of the faculty ethics committee membership or changes in the process of selection and appointment of members to the committee shall be proposed by the committee on committees and approved by the faculty senate.

(g) Faculty marshals.

(i) The faculty marshals shall be a faculty senate committee charged wth acting as observers and liaisons between administrators and students during university-wide gatherings and times of possible unrest. As observers, they are important sources of information to faculty senate and the faculty as a whole. They will be trained in coordination with the staff observers, but report to the chair of faculty senate.

(ii) The senate executive committee will select from a pool of volunteers, based on need.

(h) Survey of student instruction review committee.

(i) This committee shall bear primary responsibility for curating the list of custom questions used in the survey of student instruction (SSI). The process of curation will allow for modification, removal or addition of list questions. This committee will also be responsible for preparing an annual summary of SSI participation rates at both the aggregate level and broken down by campus, college, undergraduate versus graduate and online versus traditional delivery. The committee will also respond to requests from faculty senate executive committee for any additional information on the SSIs. The committee may make any recommendations to the faculty senate executive committee specific to the SSIs.

(ii) Changes to the composition of the survey of student instruction review committee membership or changes in the process of selection and appointment of members to the committee shall be proposed by the committee on committees and approved by the faculty senate.

(i) University libraries advisory committee.

(i) This committee shall advise and make recommendations to the dean of university libraries and the provost regarding the short and long-term operations and planning of university libraries. Matters within the purview of the committee may include, but are no necessarily limited to, the following:

(a) Collection development and budgetary issues;

(b) Service initiatives, evaluating existing services, creating new initiatives;

(c) Physical facilities (use and planning); and

(d) Assessment activities.

(ii) Changes to the composition of the university libraries advisory committee membership or changes in the process of selection and appointment of members to the committee shall be proposed by the committee on committees and approved by the faculty senate.

(4) Appointments of commissions of the faculty senate. Appointments of members of commissions shall terminate at the end of a faculty senate year. Members may be reappointed if the task of the commission has not been completed.

(5) Responsibilities and prerogatives of the faculty senate councils, committees and commissions.

(a) Meetings.

(i) All faculty senate bodies should meet at least once during each term of the academic year.

(ii) All faculty senate bodies should hold a planning meeting early in the faculty senate year. Each body should submit an outline of proposed activities to the executive committee.

(iii) All bodies shall file a copy of the minutes of their meetings with the faculty senate office.

(b) Facilities and services.

(i) The faculty senate conference room shall be available for meetings of faculty senate bodies.

(ii) Secretarial services of the faculty senate office shall be available to faculty senate bodies. Requests for services shall be directed to the chair of the faculty senate.

(iii) Bodies of the faculty senate may file requests for funds from the faculty senate budget to support their activities.

(iv) A faculty senate body may request that the chair appoint consultants to the body. Consultants will not have voting privileges.

(c) Reports.

(i) Each faculty senate body shall file a report at the end of the faculty senate year summarizing the activities of the body. The chair of the body is responsible for the report.

(ii) Progress reports to the faculty senate may be made orally.

(iii) Reports to the faculty senate which summarize investigations or which embody recommendations shall be submitted in writing.

(iv) Reports which embody major recommendations shall be submitted to the vice chair of the senate prior to presentation at a faculty senate meeting. The vice chair or the executive committee of the faculty senate may request additional work by the body including hearings which permit interested parties to comment upon proposals. Reports to members of the senate shall be circulated in advance of the meeting at which a vote is to occur.

(6) Composition and terms of appointment. Composition and terms of appointments of members of faculty senate councils, committees, and commissions except where specified elsewhere in the bylaws shall be specified for each group in the catalog of university and senate councils, committees, and commissions.

(7) Membership of faculty senate bodies.

(a) Sizes of faculty senate committees and commissions. Every effort shall be made to keep committees and commissions small except when bodies require a number of permanent subcommittees. A committee or commission with as few as three members is not inappropriate.

(b) Representation on faculty senate bodies.

(i) Faculty senate committees will normally be chaired by members of the faculty senate.

(ii) Faculty senate commissions may be chaired by any member of the faculty.

(iii) Faculty senate committees shall have at least two members of the faculty senate as members of the committee. Other faculty members, students, and alumni may serve as members of the faculty senate bodies.

(iv) A faculty senate commission will normally have at least one member of the faculty senate as a member.

(8) Additional programs, functions, and responsibilities of the faculty senate may be established.

Last updated April 26, 2021 at 9:40 AM

History

  • Effective: April 26, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-17

(A) The faculty of the university subscribes to the principle of the 1940 "Statement of Principles on Academic Freedom and Tenure" adopted by the American association of university professors. Within the rationale in the AAUP statement, it is emphasized that academic freedom is necessary to the mission of the faculty of a university, since it is eminently in the interest of society that, without fear of retribution, the professor should be free to conduct research and make public its results and to teach his/her subject in the classroom. Professional responsibility is a logical correlative of this freedom.

(B) This code of ethics sets forth those responsibilities which as the correlatives of academic freedom are incumbent every facet of university life, but attempts to treat those that are most important and common, The spirit of this document as a whole should be easily applied to any specific situation not considered.

(C) Responsibility to students.

(1) The faculty members' central responsibility to their students is to attempt to impart a knowledge and understanding of a field of study to develop in students appropriate and relevant skills, and to do so in accordance with the best standards of scholarship and pedagogy in the discipline.

(2) Faculty members have a responsibility to their students to entertain all questions relevant to the subject matter being taught and to discuss such questions, even if controversial, objectively.

(3) Faculty members are responsible for providing instruction in the announced subject matter of the course, although they are free to interrelate the subject matter of the course to those contemporary issues that are relevant to the purposes and the subject matter of the course.

(4) Faculty members should guard the classroom against external pressures, including the student's fear that what they do or say in the honest pursuit of intellectual inquiries will affect rating within a course, future chances of employment, or later standing in the community

(5) Faculty members shall not exploit students for personal purposes either in or out of the classroom.

(6) Faculty members should deal with students justly and impartially, regardless of their physical, mental, emotional, political, economic, social, racial, or religious characteristics or participation in extracurricular activities.

(7) Faculty members should not do, with or without pay, such academic work as is properly to be done by the student.

(8) Faculty members are expected to accept and carry out faithfully those duties central to the instructional commitment they have with their students including prompt and regular meeting of classes and student advising and consultation.

(9) Faculty members should strive for a timely, just, and unprejudiced appraisal of all student work. Faculty members owe students the right of review of their work and grades given, and in case of serious grievance or dispute, the right of appeal.

(10) Faculty members should secure permission and give credit for the use of original student contributions in their lectures or publications, in the same manner and degree as for materials from other sources.

(11) Faculty members should encourage and protect honest performance by the student. They should pursue suspected cases of cheating and plagiarism by students.

(12) Faculty members should not disclose confidential information about their students except as required by law or provided for by university regulations and procedures.

(D) Responsibility to university.

(1) In activities in which faculty members engage outside the university, it is plainly their responsibility to make it clear, when circumstances require, that they are acting as individuals and not as representatives of the university.

(2) Faculty members should maintain in strict confidence all departmental or university matters agreed to be confidential. If any issue or matter is of such a nature that a faculty member, as a matter of conscience must speak out, this intention should be stated beforehand to all concerned.

(3) Faculty members who seek modification or alteration of policy shall make every reasonable effort to carry their cases through governance channels.

(E) Responsibility to profession.

(1) Faculty members should seek and state the truth in their discipline as they see it. To this end they shall continue such studies and research as are necessary to remain current in their field.

(2) It is the faculty members' responsibility to guard their freedom to inquire and to state the results of inquiry in lectures, publications, or other appropriate modes of expression.

(3) Faculty members shall comment in candor and fairness on the work of colleagues when properly requested through duly constituted academic and faculty agencies and when in accordance with established policy.

(4) Faculty members shall avoid personal attacks on colleagues and disparagement of other disciplines or programs, although reasoned criticism is recognized as legitimate.

(5) Faculty members shall neither practice nor condone plagiarism in lectures, publications, or other public presentations, nor attach their name for credit to a paper or publication toward which they have made no professional contribution.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-07 University policy and procedures regardin the educational policies council.

(A) Educational policies council. For complete information on this council, see rules 3342-2-05 and 3342-2-06 of the Administrative Code and this register.

(B) Responsibility and authority. The responsibilities and authority of the educational policies council shall be as follows:

(1) Long-range academic planning, both conceptually and structurally, for the university. It is understood, of course, that this long-range planning shall reflect the mission and goals of the university as these are defined by the board and the president jointly. A close, coordinated interrelationship is to be presumed between the educational policies council and agencies established by the board and/or the president;

(2) Overall curricular planning and policy guidelines for the university;

(3) Sensitivity to proliferation and duplication of courses and programs;

(4) Arbitration of interdepartmental and intercollegial curricular disputes or misunderstandings;

(5) Monitoring of curricular changes generated by a specific academic unit of the university as they affect other academic departments, majors, and colleges;

(6) At its discretion, review of all curricular changes and proposals originating with other academic units to assure effective adherence to university-wide policies;

(7) Action on matters referred to it by college curriculum committees specified in preceding paragraphs; and

(8) Approval of new or altered academic programs, policies, operational procedures and regulations and administrative structures (e.g., academic department, college).

(C) Periodic review of the educational policies council. The responsibility, authority and structure of the educational policies council shall be reviewed each two years or at any time review may be considered appropriate by majority vote of the whole membership of the educational policies council.

(D) Procedures of the educational policies council. All curricular changes whether initiated and determined by department, college or other curricular body shall be reported to and published in the agenda of the educational policies council. This publication will give notice to all academic units of proposed curricular changes thereby affording them the opportunity to comment upon the proposals. All curricular bodies and academic units must be mindful of certain time limitations such as deadlines for catalog copy when proposing or commenting upon curricular changes. After a prescribed period of time succeeding the publication of curricular proposals, they will become effective as outlined in the balance of this statement; if any curricular proposal is questioned by any other curricular body or academic unit within the time allowed after publication, the issue will be resolved as outlined in the balance of this statement and upon resolution becomes effective.

(1) Curricular matters determined and proposed solely by academic departments shall be as follows:

(a) Changes in course descriptions not involving substantial changes in course content;

(b) Changes in course titles not involving substantial changes in course content;

(c) Changes in course prerequisites not affecting any other academic unit;

(d) Inactivation of courses not affecting any other academic unit; and

(e) Changes in course numbers not affecting level.

(2) Curricular changes initiated by academic departments but forwarded to parent college curriculum committees for approval shall be as follows:

(a) Changes in course credit hours;

(b) Changes in course numbers affecting the level of courses;

(c) Inactivation of courses affecting other academic programs or general curricular requirements within the parent college;

(d) New or additional courses;

(e) Substantial changes in course content affecting description and title, constituting essentially new courses; and

(f) Changes in or establishment of major, minor and certificate admission, course and graduation requirements consistent with university-wide policies.

(3) Curricular changes initiated by academic departments but forwarded to parent college for approval and to other affected academic units for acknowledgement shall be as follows:

(a) Inactivation of courses specified in degree programs or general curricular requirements of colleges other than the parent college;

(b) Substantial changes in content affecting title and description of courses required in academic programs or other curricular requirements of colleges other than the parent college;

(c) Changes in prerequisite of courses required in academic programs or other curricular requirements of colleges other than the parent college;

(d) Changes in course numbers affecting level of courses required in academic programs or other curricular requirements of colleges other than the parent college; and

(e) Establishment of new or additional courses designed for academic programs or other curricular requirements of other than the parent college.

(4) Curricular matters initiated and determined by college curriculum bodies shall be as follows:

(a) Policies for major, minor and certificate programs; proposed departures from university-wide policies shall be approved by the educational policies council; and

(b) General curricular policies and requirements for the college; proposed departures from university- wide policies shall be approved by the educational policies council.

(5) Independent schools, honors college, graduate studies, undergraduate studies and university libraries shall function in a fashion parallel to the college curriculum committees.

Last updated December 16, 2025 at 8:34 AM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-08 Undergraduate student government charter.

(A) Preamble.

(1) The authority, which exists on the campus of Kent state university, is the authority of the state of Ohio delegated by law to the board of trustees of the university and through them to such agencies, as they deem proper. Recognizing our lack of sovereignty in this regard, we use the term "undergraduate student government" to pertain to the primary vehicle by which the undergraduate student body provides its input into the university community.

(2) We, the undergraduate students of Kent state university, in order to define and secure our rights and status in the university community, and in order to provide for the common betterment and general welfare of the undergraduate student body and the university and to insure meaningful student participation in total university governance, do hereby establish this revised charter for the undergraduate student government of Kent state university.

(B) Undergraduate student government, herein after referred to as the USG which are the representative bodies on the following campuses: Ashtabula, East Liverpool, Geauga, Kent, Salem, Stark, Trumbull, and Tuscarawas.

(1) Powers, responsibilities, and limitations.

(a) The legislative powers of the USG and the determination of all matters of policy, except as otherwise provided in this charter, shall be vested in the USG. It shall have the ultimate authority and responsibility within the USG framework to: (i) provide for the common betterment and general welfare of the undergraduate student body. (ii) ensure meaningful student participation in total university governance across all eight campuses.

(b) In pursuit of these functions, the USG shall have the following powers and responsibilities:

(i) Shall authorize or approve the creation of all positions within the jurisdiction of the USG.

(ii) Shall establish criteria for minimum standards for all elected and appointed members of the USG. These standards shall be set forth in the by-laws of the USG. Failure to meet these standards will be grounds for disqualification.

(iii) Shall be responsible for considering student opinion.

(iv) Shall coordinate undergraduate student participation in established channels of university policy making through the appointment of undergraduate students to all university committees and positions which have undergraduate student representation.

(a) Such appointments shall be made in accordance with this charter and applicable university policies.

(b) The USG may remove any of these appointees as articulated in its by-laws.

(v) Shall ensure proper channels of communication both internally between students, faculty, staff and the administration as well as with parties external to the university.

(vi) Shall channel the execution of its resolutions and bills through the president of USG and thereby to the university administration or to such appointees as sit on the appropriate university committees.

(vii) Shall exercise or delegate such additional authority as may be entrusted to USG by the board of trustees or its designees.

(viii) Shall ensure that the USG is perpetuated under this charter and shall provide for a smooth transition to a new USG by ensuring the education and training of newly elected or appointed representatives. The president shall oversee the transition of the new USG by conducting, together with the outgoing and/or the incoming president, a series of training workshops during the period between the election and the beginning of fall semester.

(c) In the pursuit of its responsibilities and functions the USG shall have the following limitations:

(i) No member of the USG shall hold any position of employment in the administrative service of the USG, during the elected or appointed term.

(ii) No member of the USG shall hold any other position on campus for which scholarship is received, with the exception of work-study or other university employment.

(2) Membership. The membership is comprised of the USG members from the representative bodies on the following campuses: Ashtabula, East Liverpool, Geauga, Kent, Salem, Stark, Trumbull, and Tuscarawas.

(a) Kent campus. Nine undergraduate students shall be elected at-large from the undergraduate student body on the Kent campus to serve a term of one year. Ten undergraduate students shall be elected at-large from within ten academic colleges of the Kent campus to serve a term of one year. Six undergraduate students shall be appointed to represent specific constituencies of undergraduate students of the Kent campus to serve a term of one year.

(b) Regional campuses. Each USG shall elect or appoint a minimum of three designated representatives with one of those representatives being named the president.

Unless otherwise provided for in this rule, the recognized USG at each regional campus shall be governed by rule 3342-8-01.7 of the Administrative Code.

(C) The president.

(1) Duties. The president shall act as chief spokesperson of the USG in communication with the administration, the student body, and the community. In this capacity, the president is charged with representing the view of the USG. The president shall be considered the coordinator of all administrative functions and bodies of the USG.

(2) Responsibilities.

(a) The president shall be responsible to the USG for the proper administration of the USG and shall be required to:

(i) Serve as chairperson of the USG and as such shall have all the powers and limitations of a member with the exception of additional powers and limitations as follows:

(a) Shall preside over the USG meetings and ensure order and progress through the use of parliamentary procedure.

(b) Shall serve as a non-voting member of the USG. The president may, however, as provided for in Robert's Rules of Order, make or break a tie on any matter of business.

(c) Shall communicate the resolutions of the USG to the appropriate persons.

(ii) Use the president's authority to make reasonable requests of USG members in an effort to fulfill the responsibilities of the USG.

(iii) Recommend to the USG the removal of any individual member of the USG who is consistently negligent in the performance of the members' duties and responsibilities.

(iv) Use discretion in directing issues to the appropriate members. The aforementioned clause shall not supersede any chartered powers or responsibilities of any member of the USG.

(v) Oversee the routine business functions of the USG.

(vi) Perform all duties, which may reasonably be requested by the USG.

(vii) Oversee all expenditures authorized to the applicable USG.

(viii) Exercise control over all departments, programs, and positions placed under the president's purview by the USG.

(ix) Recommend to the USG such measures, as deemed necessary and expedient.

(x) Receive, validate, and submit to the USG all initiative petitions and depositions.

(xi) Report to the USG at all regular meetings on all actions, the current financial position of the USG, and current or future needs of the USG and the undergraduate student body, and report either verbally or in writing on all official functions when requested.

(xii) Shall receive and act within fifteen academic class days, upon all valid petitions, defined under paragraph (E) of this rule, which shall be presented to the president.

(xiii) Shall consider any issue presented by an undergraduate student or group to the president in the form of a signed deposition stating the issue and bearing the signatures of one representative who agrees to consider the issue.

(xiv) Shall consider and act, within fifteen academic class days, upon all recommendations made by the president in the form of a signed deposition and bearing the signature of one other representative who agrees to consider the issue.

(D) The judicial function. The all university hearing board is established through the authority of the university code of student conduct, rule 3342-4-02 of the Administrative Code to recommend sanctions regarding the violation of university rules and regulations; the all university hearing board is vested with the judicial authority for the USG.

(1) Structure. Should the nature or structure of the all university hearing board be substantially altered by any means, this article will be submitted by the USG for referendum to the undergraduate student body; such referendum shall determine the composition and powers of the all university hearing board under the judicial function.

(2) Composition. There shall be four undergraduate positions on the all university hearing board. Students shall be appointed to these by the USG. There shall be no graduate student position on the board for purposes of the jurisdiction herein defined. Other sections of university policy which pertain to the nature and structure of the all university hearing board are valid for purposes of this document except as provided for paragraph (D)(1) of this rule.

(3) Jurisdiction. With regard to USG, the all university hearing board shall have jurisdiction to hear and decide all:

(a) Cases concerning interpretations of the charter of the USG of Kent state university.

(b) Cases concerning the legality, with respect to this charter, of all USG resolutions and bills.

(c) Cases concerning charges of fraud, malfeasance, or illegal procedure taking place within any general student election.

(d) Cases concerning disputes between student organizations or between a student or students and any organization or organizations.

(E) Initiative petitions and referenda.

(1) The USG shall hold a referendum under the following conditions.

(a) If a two-thirds majority of the USG across all eight campuses votes in favor of holding a referendum; or

(b) If the president receives a valid initiative petition; or

(c) If each USG across the eight campuses vote to hold a referendum based on their specific campus needs; voting will be held only on the campus who initiated the referendum.

(2) Initiative petitions. A valid initiative petition shall contain the valid written signatures and kent.edu email of registered undergraduate students, as listed in paragraph (E)(3) of this rule. Such petitions shall be submitted to the president for validation and referral to the USG.

(3) Requirements. Legal and valid petitions bearing the written signatures and kent.edu email of the following percentages of the registered undergraduate student body shall be sufficient for the purpose indicated:

(a) Two per cent to require the USG to consider a particular issue.

(b) Eight per cent to require a referendum on any specified issue or issues.

(c) Eight per cent to require a referendum on proposed charter amendments.

(d) Eight per cent to require a referendum on recalling a USG officer.

(F) Amendments.

(1) Proposal of amendments. Amendment proposals to this charter may be submitted for referendum as prescribed in paragraph (E)(1)(a) or paragraph (E)(1)(b) of this rule or by an affirmative vote of two-thirds majority of the USG across the eight campuses.

(2) Ratification. Amendments shall be valid as part of this charter when ratified by a majority of the undergraduate student bodies across the eight campuses casting ballots in a referendum and after the approval of the board of trustees.

(G) USG - Kent.

(1) Kent campus elections.

(a) Elections shall occur between the eighth and the eleventh (inclusive) regular academic class weeks of the spring semester.

(b) Each candidate will declare one position and will petition and campaign for only that declared position.

(c) Each undergraduate student of Kent campus may vote for one candidate for each USG position.

(d) The candidate receiving the highest number of votes for each of the nineteen elected USG positions will take office within twenty regular academic class days after the official election results are announced and shall serve for one year barring recall, resignation or disqualification.

(2) Status of members at the Kent campus.

(a) The positions at the Kent campus shall be known as follows:

(i) President;

(ii) Director of governmental affairs;

(iii) Director of community affairs;

(iv) Director of programming;

(v) Director of student involvement;

(vi) Director of student advancement;

(vii) Director of marketing and communications;

(viii) Director of academic affairs;

(ix) Director of business and finance;

(x) Senator for the college of architecture and environmental design;

(xi) Senator for the college of the arts;

(xii) Senator for the college of arts and sciences;

(xiii) Senator for the college of business administration;

(xiv) Senator for the college of communication and information;

(xv) Senator for the college of education, health and human services;

(xvi) Senator for the honors college;

(xvii) Senator for the college of nursing;

(xviii) Senator for the college of applied engineering, sustainability & technology;

(xix) Senator for the college of public health;

(xx) Senator for university college;

(xxi) Senator for the residence halls;

(xxii) Senator for off-campus and commuter students;

(xxiii) Senator at large;

(xxiv) Senator at large;

(xxv) Senator at large;

(b) Position descriptions for the twenty-five USG positions listed in paragraphs (G)(2)(a)(i) to (G)(2)(a)(xxv) of this rule will be defined by the USG-Kent by-laws.

(c) The USG may delegate any other authority and responsibility within itself as it sees fit.

(3) Removals, vacancies, and reassignments of members of USG-Kent.

(a) Removal by petition. A petition of eight percent of the Kent campus undergraduate student body may require a referendum to recall any USG official from office. Such referendum shall be held within fifteen academic class days after the receipt of a valid petition. See paragraph (F) of this rule.

(b) Declaration of vacancy. In case of a USG member's persistent failure to abide by the charter and by-laws as established by the USG, the seat of said member shall be declared vacant through a resolution of the USG. Said resolution must be approved by a two-thirds vote of USG members present at a regular or special meeting called for this purpose.

(4) Filling of USG vacancies at the Kent campus.

(a) If any USG member shall cease to be an undergraduate student, resign, be disqualified, or otherwise vacate a position on or before October first, the USG, within fifteen academic class days of the acknowledgement of the member's inability to remain in their position, shall hold a special election, or if applicable interview process, for the assignment of that particular USG position.

(b) In the event that a USG position is not filled during the regular election, a special election will be held for the purpose of filling the vacant USG position(s). The special election will be held within fifteen academic class days following the general election.

(c) In the event that after a USG position becomes vacant after October first, or that after a special election is held the USG position(s) remains vacant, the USG shall appoint by three-fourths majority vote a person to fill each vacancy within fifteen academic class days.

(5) Procedures of USG on the Kent campus.

(a) The USG shall develop by-laws determining its own rules and procedures and shall have available minutes of all meetings upon request.

(b) Quorum to conduct business for an executive cabinet meeting shall be five members, with the presence of the president counting in establishing quorum. A concurring vote of a majority of the USG executive cabinet members casting votes, except as otherwise noted within the charter and by-laws of the USG, shall be required for passage of all business. Quorum to conduct business for a regular meeting shall be thirteen members, with the presence of the president counting in establishing quorum. A concurring vote of a two-thirds majority of the USG members casting votes, except as otherwise noted within the charter and by-laws of the USG, shall be required for passage of all legislation as well as the annual USG budget.

(c) The USG shall have regular public meetings at such times as may be prescribed by its rules, but not less frequently than twice each month. All meetings shall be open to the public, but the USG reserves the right to move into executive session.

(d) Special meetings may be called by the president or any five members of the USG executive cabinet on twenty-four hours notice as stated in rule 3342-9-01.2 of the Administrative Code, Administrative policy regarding electronic communications for students. The purpose of a special meeting shall be stated in the notice and no other business shall be transacted at said meeting.

(e) The USG-Kent shall determine the distribution process for all monies for which the USG-Kent has been delegated authority.

(i) The undergraduate student activities tuition allocation monies, with the exception of the "May 4th" commemoration allocation, shall be distributed between standing committees of the USG. These standing committees shall exist as follows:

(a) An allocations standing committee, chaired by the director of business and finance, for the purpose of allocating funds to requesting student organizations for programming and conferences and for academic conferences for individuals at the Kent campus.

(b) A programming board standing committee, chaired by the director of programming, for the purpose of providing USG managed programming for undergraduate students.

(H) Undergraduate student government staff of USG- Kent.

(1) Appointment and removal.

(a) The president, with the advice of the USG, will appoint staff personnel necessary to carry out the functions of the USG. These appointees must then be confirmed by majority vote of the USG at the next public meeting following the appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the president will make a new appointment to be confirmed by majority vote.

(b) The director of business and finance, with the advice of the USG, will appoint undergraduate students to the allocations standing committee. These appointees must then be confirmed by majority vote of the USG at the next public meeting following the appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the director of business and finance will make a new appointment to be confirmed by a majority of the USG.

(c) The director of programming, with the advice of the USG, will appoint undergraduate students to the programming board standing committee. These appointees must then be confirmed by majority vote of the USG at the next public meeting following the appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the director of programming will make a new appointment to be confirmed by a majority of the USG.

(d) Any member of the staff, allocations standing committee, or programming board standing committee may be removed by the president, with the advice and consent of a majority of those members present at a regular or special meeting called for that purpose.

(e) Any vacancies of the at-large positions of the allocations standing committee or programming board standing committee shall be filled by an appointee of the respective standing committee chairperson, with the advice of the USG. These appointees must then be confirmed by majority vote of the USG at the next public meeting following appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the respective member will make a new appointment to be confirmed by a majority of the USG.

(2) Functions.

(a) The staff will be coordinated by the president in accordance with paragraph (C)(2)(a)(viii) of this rule.

(b) The staff will assist the members in carrying out their duties and responsibilities.

(I) Implementation. This rule shall become the official charter of the USG of Kent state university upon approval by the undergraduate students in a general referendum and approval by the board of trustees. This charter applies to the representative bodies across all eight campuses and shall supersede all previous charters of the USG.

History

  • Effective: April 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-8-01.7

(A) Policy statement. The authority for establishing regional campus undergraduate student governments is established in rule 3342-2-08 of the Administrative Code, the undergraduate student government charter. Under this rule, the undergraduate student government (USG) will serve as the student government for each campus.

Each regional student government is recognized as a representative voice of the student body's interests, concerns, and needs for each campus. Each USG shall serve as the liaison between the campus student body, the undergraduate student government, and the university administration.

(B) Implementation. Each USG should adopt internal procedures including but not limited to by-laws, statues, legislation and may establish elected or appointed officers.

(C) Review. All undergraduate student government regulations and/or procedures will be reviewed by the dean, or designee, of each campus prior to implementation.

History

  • Effective: April 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02

(A) Purpose. The university board of trustees is responsible by law for regulating the use of the grounds, buildings, equipment and facilities of the university. The board of trustees is also responsible for assuring that the conduct of the students, staff, faculty and visitors to the campus permits the university to pursue its educational objectives and programs in an orderly manner.

(B) Requirements.

(1) To meet these responsibilities, the board of trustees shall adopt standards of conduct for the students, faculty, staff, and visitors to the campus and may provide for suspension from classes or employment, expulsion from the university, and/or ejection from university property of persons who violate such regulations.

(2) The board of trustees shall provide for the administration and enforcement of its rules and may authorize the use of state university law enforcement officers and other university officials to assist in enforcing university policy and the law on the campus.

(C) Scope. In accordance with university policy, the president shall have the responsibility and authority for the discipline of all students. The authority to impose the formal sanctions specified in this rule may be delegated to university officials or hearing panels by the president. Disciplinary action under this rule may be taken against a person who has applied for admission as a student to the university, whether or not the individual is registered for classes. Disciplinary action may also be taken against student organizations. The president (or designee) review any case which comes within the purview of the university policy regarding administration of student conduct.

(D) Jurisdiction. The code of student conduct shall apply to conduct occurring on university premises, at university-sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives. Behavioral conduct is the responsibility of each student from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The code of student conduct shall apply to a student's conduct (or student organization's) conduct even if the student withdraws (or the student organization ceases functioning/loses university-recognized status) from the university while a disciplinary matter is pending. The senior vice president for student life (or designee) maintains discretion to decide, on a case by case basis, whether the code of student conduct shall be applied to conduct occurring off campus.

(E) Procedural standards. Students and student organizations shall adhere to operational procedures for the administration of student conduct under this rule or rule 3342-4-02.1 of the Administrative Code. The procedural standards shall be readily accessible to all students and student organizations.

(F) Responsibility for administration of this policy. The primary responsibility for the supervision of student conduct at the university has been delegated to the senior vice president for student life. The senior vice president for student life may establish such administrative procedures as are necessary to fulfill the intent of the code of student conduct. These administrative procedures shall be in writing and published in conjunction with the code of student conduct.

The president authroizes the senior vice president for student life to establish administrative procedures as necessary to fulfill the intent of this rule. The senior vice president for student life may delegate the responsibility to direct the student conduct process to the director of student conduct.

(G) All-university hearing board. In recognition of the student right to self-govern by and through the undergraduate student government, the all-university hearing board is established to administer non-conduct related matters involving students. Accordingly, the all-university hearing board shall not have the authority to intervene in the student conduct process administered by the university, and the purview of such board shall be limited to the scope as currently provided for in rule 3342-2-08 of the Administrative Code.

(H) Revisions. Updates and other changes to the code of student conduct shall be submitted to the senior vice president for student life. The senior vice president for student life retains the authority to immediately enact and enforce changes to the code of student conduct.

Last updated August 1, 2024 at 7:36 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-09 Graduate student senate charter.

(A) The name of the organization shall be the "Graduate Student Senate" of Kent state university, and for the purpose of this rule will be referred to as the GSS.

(B) University sanction. The GSS shall operate in compliance with all university regulations and will observe the policies set forth in paragraph (G)(5) of rule 3342-2-01 of the Administrative Code.

(C) Purpose.

(1) The GSS shall:

(a) Operate in compliance with its charter and bylaws;

(b) Allocate the funds it receives from the university in compliance with university funding policies and the funding policies of the GSS as set forth in this document;

(c) Provide a channel for communication among graduate students, the university, and the local, state, and national communities;

(d) Serve graduate students and represent their interests in the university and the local, state, and national communities;

(e) Promote understanding and intellectual stimulation among graduate students, Kent state university, and the community at large;

(f) Facilitate collaboration with other representative student groups;

(g) Advise Kent state university administration, the graduate schools and graduate policy councils on matters of graduate student concern.

(2) The GSS shall endeavor at all times to:

(a) Advocate for graduate students in academic and extracurricular matters;

(b) Promote the quality in graduate education; and

(c) Secure the rights and privileges of graduate students as members of Kent state university and the community at large.

(D) Membership. Members of the GSS shall be graduate students, selected/elected by graduate students (on a departmental basis).

(1) The number of representatives to the GSS from each academic department, school, or college will be determined yearly on the basis of the enrollment and guidelines to be set in GSS bylaws.

(2) Each graduate college/school within the Kent state university shall provide a process for the election of voting representatives and alternates.

(3) Each representative and alternate will be elected by a majority of those students from the academic unit, department, program, or a group of selected programs as determined in advance.

(4) Election of representatives and alternates shall take place annually.

(5) Representatives or alternates serve for one twelve month period and may be reelected.

(6) Recall of a representative shall be the responsibility of the students from the academic unit, department, program, or group of programs that elected the representative.

(7) When the representative is absent from a meeting, the alternate assumes the vacant position until the representative returns.

(8) A representative who has two consecutive absences from the GSS meetings can be removed from the GSS, unless an alternate is present in the representative's place. The executive shall govern the removal of a representative and determine whether the absences were excusable. All GSS vacancies arising from absences shall be filled by the affected academic unit, department, program, or group of programs within three weeks of notification of the removal.

(9) Should a representative resign, the alternate shall immediately become the representative and an alternate shall be elected from the academic unit, department, program, or group of programs to complete the remainder of the term.

(10) The duly designated and alternate representative of any graduate student organization shall be entitled to all privileges of the floor at the meetings of the GSS. The alternate shall be eligible to vote only in the absence of the designated representative.

(E) Officers. The executive vice-chair, information services chair, finance chair, colloquium chair and executive chair of the GSS shall be elected at the second to the last regularly scheduled meeting of the spring semester of each year. In order to promote continuity, a smooth transition and understanding of functions, the previous committee chair will become the executive chair and the previous executive chair will become the colloquium chair. An elected officer shall officially assume his or her duties at the last scheduled GSS meeting of the spring semester. Vacancies shall be filled at this meeting.

(1) The executive committee of the GSS shall consist of the executive chair, colloquium chair, executive vice-chair, finance chair, information services chair and any and all ex-officio members.

(a) The executive committee shall conduct business of the GSS between meetings and prepare the agenda for these general meetings.

(b) All decisions affecting funding shall originate in the executive committee. Any action taken by the executive committee shall be subject to appeal and possible revision by the full membership of GSS. Appeal procedures shall fall under new business at the next regular general meeting of the GSS.

(c) Should an elected office become vacant, the executive committee may appoint on interim until a special election can be held to choose a person to complete the term of office. The special election shall take place on or before the second regularly scheduled meeting of the GSS after the office is vacated.

(d) The executive committee shall report on all actions taken by the executive committee at the GSS general meeting. In all matters, the GSS as a whole retains the right to approve, overrule, or amend any decision of the executive committee by a quorum majority.

(e) Former members of the executive committee shall be entitled to sit as "ex officio" and nonvoting members of the executive committee as long as they shall maintain the status of graduate students at Kent state university.

(2) The executive chair of the GSS shall preside at all meetings of the GSS.

(a) The executive chair shall be the official spokesperson and representative of GSS to the administration of Kent state university.

(b) When acting for or representing the GSS in any official capacity, the executive chair and all the other officers of the GSS shall consider themselves bound by all decisions of the GSS and the executive committee.

(c) The executive chair shall act as the official delegate to any state, regional or national convention involving graduate students.

(d) The executive chair shall schedule and preside over all meetings of the executive committee.

(3) The executive vice-chair of GSS shall assume all of the duties of the executive chair in the absence of the executive chair.

(a) Should the position of executive chair become permanently vacant for any reason, the executive vice-chair shall become the executive chair in name and fact, and a new executive vice-chair shall be elected from GSS.

(b) The executive vice-chair shall be responsible for filling all Kent state university-wide committee appointments made by GSS.

(c) The executive vice-chair shall act as the official liaison of the GSS with the faculty senate.

(4) The finance chair shall be responsible for the execution of the financial obligations of the GSS, in accordance with Kent state university policies and procedures.

(a) The finance chair shall be authorized to disperse funds for executive committee officers' claims for reimbursement from the treasury, not to exceed a limit as established by the GSS without formal executive committee approval.

(b) The finance chair shall be authorized to disperse funds in accordance with the GSS travel policy without formal executive committee approval.

(c) The finance chair shall submit financial reports at every general meeting.

(d) All requests for funds from the treasury shall be submitted, in writing, through a representative to the finance chair.

(e) The finance chair shall be responsible for processing all claims against the treasury.

(5) The information services chair shall be responsible for recording and distributing minutes and other records of the GSS.

(a) Whenever possible, the information services chair shall be assisted by an administrative assistant. In such cases the information services chair shall have the duty of approving, by signature, the preparation of minutes, records, and correspondence.

(b) The information services chair shall be responsible for the maintenance of membership lists, and shall bring vacancies and absences to the attention of the executive committee.

(c) The information services chair shall provide copies of all records, excluding those which require confidentiality from higher authority, without approval of the entire executive committee, to any member of GSS upon written request.

(6) The colloquium chair shall serve on the executive committee and in an advisory capacity to the executive committee and to GSS. The colloquium chair shall perform specific duties as designated by the executive chair and the executive committee.

(a) The colloquium chair shall be responsible for the coordination and organization of special GSS events as designated by the executive chair and the executive committee.

(b) The colloquium chair shall serve on special committees and act as public relations officer for GSS.

(7) The GSS retains all powers not delegated in this document, and may assign other duties as it chooses.

(8) GSS election of officers shall be by quorum majority.

(F) Committees. The GSS shall create, staff, and disband such committees as it wishes to conduct its business.

(1) Appointments to standing council, Kent state university, and college committees shall be made by the executive vice-chair.

(2) Appointees to such committees may include graduate students other than members of the GSS.

(3) The graduate student representatives to Kent state university committees shall submit a summary report to the GSS.

(G) Impeachment. The impeachment of an officer shall be by quorum majority of the GSS.

(1) The accuser must present a petition for the impeachment of an officer to the provost or her/his designee. The petition must contain the signatures of a majority of the GSS representatives, excluding alternates or one-third of the graduate student body as determined by the registrar's office.

(2) A special meeting of the GSS shall be called by the provost or her/his designee for this specific purpose.

(3) The accused officer must be notified, in writing, at least seven days prior to the date of the special meeting.

(4) The provost or her/his designee shall designate a representative to preside at the meeting and a full transcript shall be made.

(5) Both the accused and the accuser shall have the right to counsel and to present evidence and testimony at the special meeting.

(6) The meeting shall be closed to all persons except the above.

(7) All voting shall be by secret ballot. The count shall be made by the person presiding, verified by the accused, and the ballots shall be sealed with the transcript to be held with the official records of GSS.

(8) The verdict shall be mailed to all members of the GSS and the accused officer by the provost or his/her designee within one week of the special meeting.

(H) Voting.

(1) A quorum must be present to conduct business. A quorum shall consist of at least ten elected representatives to the GSS or their alternates.

(2) Unless otherwise noted, a quorum majority shall be required for approval of any GSS action. A quorum majority shall mean more than one-half of the number of representatives present at the meeting.

(3) All GSS members (representatives and executive committee members) with the exception of the executive chair have voting privileges. The executive chair shall exercise the privilege to settle the issue of a tie vote.

(I) Amendments.

(1) To propose an amendment to this document, a GSS representative (or alternate), shall read and present a written copy of the amendment at a general meeting of the GSS. A copy of the proposed amendment shall be sent to all GSS representatives (or alternates) within two weeks of the meeting for their review.

(2) The amendment proposal shall be placed on the agenda of the next general GSS meeting following its introduction. A two-thirds majority vote will be required to bring the amendment to the floor for discussion.

(3) Amendments shall be adopted by a two-thirds quorum majority of the GSS and shall take effect upon adoption and ratification by the Kent state university president and the board of trustees and fulfillment of the requirements of section 111.15 of the Revised Code.

(J) Ratification. Ratification of this document shall be by quorum majority of the GSS, the president of Kent state university, and the board of trustees.

(1) Upon ratification, this document, or a revised version thereof, shall supersede all previous governing documents and practices of the GSS of Kent state university.

(2) Upon ratification of this document, or a revised version thereof, all persons holding office in the GSS shall continue as officers of the GSS until the end of their terms or their resignations.

(K) Bylaws. Bylaws may be established as long as they operate in compliance with this charter.

Last updated December 16, 2025 at 8:35 AM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-10 Bylaws of the graduate college council.

(A) Name of organization. Kent state university graduate college council.

(B) Object and aim of organization. The graduate college council serves the university as the primary academic advisory body to the dean on those matters involving graduate college programs, policies and procedures.

(C) Membership.

(1) Members. The graduate college council consists of dean, the associate and assistant deans of the graduate college, the dean of arts and sciences, the dean of fine and professional arts, the dean of university libraries and media services, one member chosen by each of the departments in the graduate college, and six graduate students. Each faculty councilperson must be a full member of the graduate faculty. The six graduate students, to be selected by the graduate student senate shall each represent one of these broad discipline areas:

(a) Humanities;

(b) Natural sciences and mathematics;

(c) Social sciences;

(d) Fine and performing arts;

(e) Professional programs; and

(f) At-large.

(2) Voting privileges. All members of the council have voting rights.

(3) Terms. Faculty representatives are chosen by their departments in accordance with customary departmental procedures; the term of the councilperson so chosen shall normally be for two years with renewal possible. Graduate student members shall serve terms of one year with reappointment permitted. Terms shall commence the fifteenth of September.

(D) Officers. The dean of the graduate college is chairperson of the council. In the absence of the dean, a presiding officer shall be appointed by the dean.

(E) Meetings.

(1) Meetings shall be held monthly during the academic year. Special meetings may be called at any time by the dean of the graduate college.

(2) A quorum is necessary to conduct any council business. A quorum shall consist of more than half the council.

(3) Items of council business and agenda shall be mailed to all members of the council so as to be in their hands in advance of a meeting.

(4) New business of an emergency nature can be brought before council at any meeting if a majority of the members present agree.

(5) Items of business, other than changes in the bylaws, shall be passed if a majority of members present vote favorably.

(F) Committees.

(1) There shall be standing committees on curricula, graduate faculty, graduate student affairs, and long range planning. A slate of membership for each committee shall be prepared by the dean and presented to the council for approval in the fall semester. The term of duty is one calendar year.

(2) Agenda items for these committees normally shall be directed to them by council or by the dean of the graduate college. These committees shall report to council.

(3) Ad hoc committees shall be authorized by council upon need, and the method of appointment of their members shall be specified by council.

(G) Parliamentary authority.

(1) The parliamentary authority for graduate college council is defined in these bylaws.

(2) For parliamentary procedure not defined in these bylaws, graduate college council shall follow "Robert's Rules of Order."

(H) Amendments.

(1) Consideration of changes in the bylaws of the graduate college council may be brought before council at any time on motion duly made, seconded, and favorably voted upon by a majority of council present.

(2) The specific proposal to amend the bylaws shall be considered at the next regular meeting of council provided it has been circulated to the membership as required by paragraph (E)(3) of this rule. A favorable vote by at least a majority of council present at the meeting is necessary to carry the motion to amend these bylaws.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-11 University policy for the selection of student trustees.

(A) The Ohio Revised Code states, "The student members of the board of trustees shall be appointed by the governor, with the advice and consent of the senate, from a group of five candidates selected pursuant to a procedure adopted by the university's student governments and approved by the university's board of trustees.

(B) The candidates.

(1) Qualifications.

(a) Must possess the qualifications of an elector of the state of Ohio;

(i) Eighteen years of age;

(ii) Resident of the state of Ohio;

(iii) Registered to vote.

(b) Students must be enrolled in, regularly attending, and complete at least eight undergraduate credit hours or six graduate credit hours, for the semester in which they are an applicant.

(c) Students must maintain a cumulative grade point average of 2.50 undergraduate and 3.0 graduate, not be aon academic probation or warning, and have passed at least six undergraduate or three graduate credit hours in the preceding semester of attendance at Kent state university.

(d) At the time of nomination, nominees must be able to complete a two year term of office.

(C) Nomination and application process.

(1) The vice president for enrollment management and student affairs will call for applications and nominations from the entire university community.

(a) Advertise the vacant position in the "Daily Kent Stater";

(b) Seek nomination from regional campuse deans, Kent campus deans, chairs, and faculty members, undergraduate and graduate student senates, and other unversities constituents.

(2) The vice president for enrollment management and student affairs will review the returned applications for eligbility of the required criteria, then forward the eligible applicants to the committee.

(D) Selection process.

(1) Committee composition.

(a) Members of the committee shall be comprised of a designee from each of the following constituencies. The vice president for enrollment management and student affairs is responsible for seeking the designees. The director for the center for student involvement or his/her designee will serve on the committee in an ex-officio capacity.

(i) Undergraduate student government;

(ii) Graduate student senate;

(iii) Commuter and off-campus student organization;

(iv) Black united students;

(v) Kent interhall council;

(vi) Regional campuses (one representative) as appointed by the vice orovost for regional campuses;

(vii) Unaffiliated student representative as appointed by the vice president for enrollment management and student affairs;

(viii) Outgoing student trustee (chair);

(ix) Current student trustee.

(b) The chair of the committee shall be the outgoing student trustee. In the event of a tie, the chair may cast the tie-breaking vote.

(2) Responsibilities of the chair.

(a) Convene the committee no later than the first week of April;

(b) Determine the voting procedure at the initial meeting;

(c) Select, by majority vote, the five nominees for the position;

(d) Shall forward the names of the five approved nominees to the governor of the state of Ohio no later than the third week of April.

(E) Responsibilities.

(1) All student trustees are expected to fulfill the responsibilities of a trustee as stated by law and the policies of the board of trustees of Kent state university.

(2) A student trustee Is expected to maintain the same level of expertise and preparedness as an empowered member of the board of trustees.

(3) The selected student trustees shall enter their office the seventeenth day of may and shall end their term two years thereafter (no later than the sixteenth of May).

(4) If a student trustee is to resign, ge/she must submit, to the governor of the state of Ohio, a letter of resignation. A copy of the original letter of resignation must also be sent to the chair of the board of trustees, and the vice president for enrollment management and student affairs. Upon receiving said letter, the process of nominations and applications will begin, according to paragraph (B) of this rule.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-12 Attendance by members of the Kent state university board of trustees at a meeting by means of electronic communications.

(A) Policy statement. It is the policy of the Kent state university board of trustees to allow its members to attend a meeting of the board via means of electronic communications in accordance with section 3345.82 of the Revised Code.

(B) Attendance of a trustee by means of electronic communication at a meeting of the board, called in accordance with paragraph (F) of rule 3342-2-01 of the Administrative Code, shall be subject to the following provisions:

(1) Each trustee shall be required to be present, in person, at least two regular meetings of the board annually, which shall not be less than one-half of the regular meetings held during such term.

(2) A trustee may only attend a meeting by means of electronic communication if all of the following minimum standards are met:

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

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

(c) A trustee who intends to attend a meeting by means of electronic communication has notified the board chair of such intent no less than forty-eight hours prior to the start of the meeting, except in the case of a declared emergency.

(C) Notwithstanding division (C) of section 121.22 of the Revised Code, a trustee satisfying the conditions of paragraph (B) of this rule and attending a meeting by means of electronic communication shall be:

(1) Considered to be present at the meeting;

(2) Counted for purposes of establishing a quorum; and

(3) Eligible to vote at the meeting.

Last updated October 1, 2021 at 9:01 AM

History

  • Effective: October 1, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-13 University policy regarding the curricular approval process.

(A) Purpose and scope. This policy governs the curricular approval process at Kent state university pursuant to section 3345.457 of the Revised Code.

(B) Definitions.

(1) "Academic leadership" means a dean, chair, or director of an academic administrative structure as set forth in rules 3342-2-03, 3342-2-03.1, 3342-2-03.2, and 3342-2-03.3 of the Administrative Code.

(2) "Academic structures" means colleges, departments, schools, institutes, and centers, as described in rule 3342-2-03.1 of the Administrative Code.

(3) "Academic programs" means a major, minor, degree or certificate programs pursuant to rule 3342-3-01.1 of the Administrative Code and includes degree programs.

(4) "Curricular change" means new or modified academic programs, curricula, courses, general education requirements, and degree programs.

(5) "Curricular approval process" means the university process and procedure for approving a curricular change.

(C) Requirements. Notwithstanding any other policies, procedures, guidelines, or prior practices to the contrary, the university's curricular approval process shall:

(1) Grant the faculty senate the opportunity to provide advice, feedback, and recommendations on the establishment and modification of academic programs, curricula, courses, general education requirements, and degree programs;

(2) Clarify that all feedback and recommendations by the faculty senate is advisory in nature; and

(3) Retain the board of trustees' final, overriding authority to approve or reject any establishment or modification of academic programs, curricula, courses, general education requirements, and degree programs.

(D) Establishment of academic structures. The board of trustees has the ultimate authority to establish new academic structures pursuant to rules 3342-2-03, 3342-2-03.1, 3342-2-03.2, and 3342-2-03.3 of the Administrative Code.

(E) Curricular approval process.

(1) The provost or the faculty may initiate a curricular change.

(2) Curricular changes shall be brought to the appropriate faculty advisory and curriculum committees, and the faculty senate, to provide advice, feedback and recommendations. Academic leadership shall assist with the curricular change approval process for their respective academic units and advise the provost with respect to the curricular changes.

(3) The provost shall oversee the curricular approval process for the university. The provost, with the concurrence of the president, shall advise, provide recommendations to, and as required by law and university policies, seek approval, of the board of trustees regarding curricular changes.

(4) The board of trustees retains ultimate and overriding authority to approve, approve with modification, reject, or defer any curricular changes.

(F) The university shall submit the adopted approval process to the chancellor of the Ohio department of higher education and resubmit every five years following board of trustees' readoption, consistent with section 3345.457 of the Revised Code.

(G) Effective date and supersession. This policy supersedes all prior procedures related to curricular proposal approvals and shall remain in effect until amended or repealed by the Kent state university board of trustees.

Last updated April 2, 2026 at 8:38 AM

History

  • Effective: March 30, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.1

(A) Academic requirements.

(1) The student's academic requirements for graduation are based on the university catalog year that is assigned initially to the student's first term of enrollment in a degree or certificate program at Kent state university. The student's catalog year identifies the university catalog that contains the requirements for the student's academic program.

(2) Students are permitted to complete an academic program (major, minor, certificate) under a more recent catalog year. When changing catalog year, students must comply with all the requirements relevant to their program in the newer university catalog. After a catalog year is updated, students are not permitted to revert to an older catalog year.

(3) The university reserves the right to change academic requirements to keep programs in compliance with accreditation, certification, licensure or industry standards. Implementation of these changes may require that students update to a more recent catalog year.

(4) The university reserves the right to change academic requirements due to financial urgency, unavailability of faculty or unavailability of other instructional resources.

(5) Where programmatic changes are required that do not alter the core academic requirements of the university, the students' college dean will identify available alternatives for currently enrolled students to complete their declared programs(s).

(B) Courses.

(1) Course specifications such as title, credit hours, prerequisites, status (e.g., Kent core), etc., are based on the term for which the student registered for the course. If a course is revised after the student completed it, the student does not gain or lose anything with that revision. If a course is revised before a continuously enrolled student has attempted the coursea prerequisite for exampleand the revision substantially disadvantages the student in completing the student's declared academic program, the college administering the student's program may authorize a course substitution, waiver or some other appropriate alternative.

(2) The university reserves the right to change course specifications; cancel a scheduled course; and change the time, location or delivery of class meetings for a scheduled course. If a course is canceled, every attempt will be made to contact the registered students. Students registered in canceled courses will be given the opportunity to change to another course with seats available.

(C) Policies.

(1) Additional academic policies of Kent state university not otherwise published in the Kent state university policy register shall be published in the university catalog prior to their effective date. In the event of a conflict in the policies provided for in the university catalog and the university policy register, the policies provided for in the university policy register shall control.

(2) Students are governed by the academic policies in the university catalog in effect for the current academic year, regardless of students' first term of enrollment.

History

  • Effective: August 27, 2020
  • Promulgated Under: 111.15

Chapter 3342-3 Teaching

Ohio Adm.Code 3342-3-01.1 Administrative policy regarding academic requirements, courses and policies.

(A) Academic requirements.

(1) The student's academic requirements for graduation are based on the university catalog year that is assigned initially to the student's first term of enrollment in a degree or certificate program at Kent state university. The student's catalog year identifies the university catalog that contains the requirements for the student's academic program.

(2) Students are permitted to complete an academic program (major, minor, certificate) under a more recent catalog year. When changing catalog year, students must comply with all the requirements relevant to their program in the newer university catalog. After a catalog year is updated, students are not permitted to revert to an older catalog year.

(3) The university reserves the right to change academic requirements to keep programs in compliance with accreditation, certification, licensure or industry standards. Implementation of these changes may require that students update to a more recent catalog year.

(4) The university reserves the right to change academic requirements due to financial urgency, unavailability of faculty or unavailability of other instructional resources.

(5) Where programmatic changes are required that do not alter the core academic requirements of the university, the students' college dean will identify available alternatives for currently enrolled students to complete their declared programs(s).

(B) Courses.

(1) Course specifications such as title, credit hours, prerequisites, status (e.g., Kent core), etc., are based on the term for which the student registered for the course. If a course is revised after the student completed it, the student does not gain or lose anything with that revision. If a course is revised before a continuously enrolled student has attempted the coursea prerequisite for exampleand the revision substantially disadvantages the student in completing the student's declared academic program, the college administering the student's program may authorize a course substitution, waiver or some other appropriate alternative.

(2) The university reserves the right to change course specifications; cancel a scheduled course; and change the time, location or delivery of class meetings for a scheduled course. If a course is canceled, every attempt will be made to contact the registered students. Students registered in canceled courses will be given the opportunity to change to another course with seats available.

(C) Policies.

(1) Additional academic policies of Kent state university not otherwise published in the Kent state university policy register shall be published in the university catalog prior to their effective date. In the event of a conflict in the policies provided for in the university catalog and the university policy register, the policies provided for in the university policy register shall control.

(2) Students are governed by the academic policies in the university catalog in effect for the current academic year, regardless of students' first term of enrollment.

History

  • Effective: August 27, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.2 Administrative policy regarding class attendance and class absence.

(A) Purpose. Regular attendance in class is expected of all students at all levels at the university. While classes are conducted on the premise that regular attendance is expected, the university recognizes certain activities, events, and circumstances as legitimate reasons for absence from class. This policy provides for accommodations in accordance with federal and state laws prohibiting discrimination, including, but not limited to, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and its implementing regulation, 34 C.F.R. Part 104; Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131 et seq., and its implementing regulations, 28 C.F.R. Part 35; as well as university policy 5-16. This policy describes the procedures for requesting and responding to legitimate absences with the exception of absences for religious and spiritual beliefs. Absences for religious and spiritual beliefs are guided by rule 3342-3-01.14 of the Administrative Code.

(B) Class attendance. The individual instructor has both the responsibility and the prerogative for managing student attendance. The instructor's policy regarding attendance for each course should be written in the course syllabus and communicated to students during the first week of the term. The policy may take alternate forms within the bounds of appropriate instructional techniques.

(C) Class absence. Legitimate reasons for an "excused" absence include, but are not limited to, illness and injury, disability-related concerns, military service, death in the immediate family, academic field trips, and participation in an approved concert or athletic event, and direct participation in university disciplinary hearings.

(D) Academic requirement. Even though any absence can potentially interfere with the planned development of a course, and the student bears the responsibility for fulfilling all course requirements in a timely and responsible manner, instructors will, without prejudice, provide students returning to class after a legitimate absence with appropriate assistance and counsel about completing missed assignments and class material. Neither academic departments nor individual faculty members are required to waive essential or fundamental academic requirements of a course to accommodate student absences. However, each circumstance will be reviewed on a case-by-case basis.

(E) Informal resolution should first be attempted between individual instructors and students in the event of any attendance-related concerns. If informal resolution is unsuccessful, the following offices, with respect to that office's purview, can provide assistance and guidance on attendance concerns, and instruction on filing a grievance: student ombuds, student accessibility services (SAS), or equal opportunity and compliance (EOC).

(F) Student responsibilities: In addition to this policy, students are responsible for following the procedures and policies of the respective offices from which they are seeking assistance, e.g. student accessibility services, the student ombuds, etc. In all instances of absences, students shall be responsible for all material covered in class during their absence. Students are responsible for completing any makeup work resulting from their absence. In no case is an excuse from class to be interpreted as a release from class responsibility.

(G) General procedures and responsibilities for requesting and determining legitimate class absence:

(1) Instructors shall:

(a) Inform student about assignments to be made during the absences, and make alternative suggestions for acquisition of the material missed.

(b) Provide reasonable opportunity for a makeup examination and/or assignment if a legitimate absence occurs on an examination day and/or a day when an assignment is due. In the extraordinary circumstance where it is not feasible to offer a makeup examination and/or assignment, some acceptable alternative must be provided.

(c) Resolve conflicts arising from a legitimate absence as provided in this rule through appropriate administrative channels.

(2) Students shall:

(a) Follow the documentation procedures set forth below.

(b) Notify their instructors as soon as possible of class absences.

(H) Procedures and responsibilities for requesting an absence due to attendance at a sponsored activity. For the purposes of this rule, "sponsor" refers to the organizer of the activity or event.

(1) Sponsors shall:

(a) Provide a list to each participant of all approved events that might involve student absences from classes. The list should be given to the participants at or before the first scheduled class, activity, or field trip of the semester, or before the end of the second week of the semester, whichever occurs first. In cases where the date and time of the scheduled activity is not known within this time frame, approval to schedule an event which will result in student absences must be secured from the administrative officer directly above the sponsoring unit; e.g., college dean, director of athletics, etc.

(b) Provide each participating student with a signed "class absence authorization form" for each of the student's affected classes at the time the list of events is distributed.

(c) Coordinate resolution of conflicts with instructors.

(2) Instructors shall:

Refer to paragraph (G)(1) of this rule.

(3) Students shall:

(a) Provide the sponsor of the activity with a list of classes which conflict with the proposed activity or field trip. This list should be presented at or before the first scheduled class or activity meeting that causes the conflict.

(b) Present a "class absence authorization form" to instructors in all affected courses and return the signed "class absence authorization form(s)" to the sponsor of the activity before the end of the second week of the semester. In the event the absence was due to illness or injury, verification from the health center or other medical officer should be presented to the instructor.

(I) Procedures and responsibilities for requesting an absence due to a disability. Under no circumstances are students solely responsible for the resolution of such conflicts arising from disability-related absences.

(1) Instructors shall:

(a) Communicate and collaborate with student accessibility services (SAS) in the event of a student's attendance accommodation due to a disability.

(b) Refer to paragraph (G)(1) of this rule.

(2) Students shall:

(a) Consult with student accessibility services (SAS) if frequent or prolonged absences are anticipated due to a disability.

(b) In consultation with student accessibility services (SAS), and in accordance with their attendance policy modification, provide their instructors, each semester, with a SAS-issued accommodation document, which may be presented to the instructor in lieu of verification from a medical provider.

(c) Contact their instructor as close to the beginning of the semester as possible to discuss the attendance modification accommodation.

(J) Procedures and responsibilities for absence due to medical illness/injury.

(1) Instructors shall:

Refer to paragraph (G)(1) of this rule.

(2) Students shall:

(a) Provide verification from their medical provider.

(b) Refer to paragraph (G)(2) of this rule.

(K) Procedures and responsibilities for requesting an absence to perform military service.

(1) Instructors shall:

Refer to paragraph (G)(1) of this rule

(2) Students shall:

(a) Notify the instructor as close to the start of the semester, or as soon as possible, of any scheduled classes that conflict with military leave.

(b) Consult the office of the university registrar in the event a prolonged absence is anticipated.

https://www.kent.edu/studentlife/class-absence-authorization-form

Last updated September 2, 2026 at 4:21 PM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.14

(A) Purpose. The purpose of this policy is to establish procedures to reasonably accommodate the sincerely held beliefs and practices of individual students with regard to all examinations or other academic requirements and absences for reasons of faith or religious or spiritual belief system consist with section 3345.026 of the Revised Code.

(B) Absences. A student will be granted up to three days each academic term to take holidays for reasons of faith or religious or spiritual belief system or participate in organized activities conducted under the auspices of any religious or spiritual organization. The university shall not impose an academic penalty as a result of a student being absent as permitted in this policy.

(C) Alternative accommodations.

(1) Students will be provided with alternative accommodations with regard to examinations and other academic requirements missed due to an absence, if both of the following apply:

(a) The students sincerely held religious belief or practice severely affects the student's ability to take an examination or meet an academic requirement; and

(b) Not later than fourteen days after the first day of instruction in a particular course, the student provides the instructor with written notice of the specific dates for which the student requests alternative accommodations.

(2) The instructor shall accept without question the sincerity of a student's religious or spiritual belief system. An instructor shall keep requests for alternative accommodations confidential. An instructor shall schedule a time and date for an alternative examination, which may be before or after the time and date the examination or other academic requirement was originally scheduled but shall do so without prejudicial effect.

(D) Policy posting. Both of the following will be posted in a prominent location on the university website:

(1) A copy of this policy and the contact information of an individual who can provide further information about the policy;

(2) A nonexhaustive list of major religious holidays or festivals for the next two academic years. The posting shall explicitly state that the list is nonexhaustive, and that it may not be used to deny accommodations to a student for a holiday or festival of the student's faith or religious or spiritual belief system that does not appear on the list. No inclusion or exclusion of a religious holiday or festival on the list shall preclude a student from full and reasonable accommodations for any sincerely held religious beliefs and practices with regard to all examinations or other academic requirements and absences for reasons of faith or religious or spiritual belief system provided under this policy.

(E) Syllabus posting. Instructors are required to include in each course syllabus a statement regarding this policy. The statement shall include the following:

(1) A description of the general procedure for requesting accommodations;

(2) Contact information for an individual whom a student may contact for more information about the policy.

(F) Grievances. Students may notify the university of any complaint following the administrative policy and procedure for student academic complaints, rule 3342-4-02.3 of the Administrative Code.

Last updated June 12, 2023 at 10:14 AM

History

  • Effective: June 12, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.3 Administrative policy regarding nondiscrimination and access to university programs for qualified students with disabilities.

(A) Purpose. Kent state university recognizes that the academic mission of this institution is to provide equal learning opportunities for every individual. Directly related to this endeavor is the need for protection against discrimination and the practices that may accompany it.

(B) Definitions:

(1) "Person with a disability" means any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

(2) "Qualified individual with a disability" means a person with a disability who meets the academic and technical standards requisite to admission or participation in the recipient's education program or activity.

(3) Other definitions as appear in 28 CFR 35.

(C) Requirements. The university shall make reasonable accommodations in its academic requirements to ensure that such requirements do not discriminate on the basis of disability against a qualified individual with a disability, whether applicant or student. However, requirements that the university can demonstrate are essential to the program of instruction of the student, or any directly related licensing requirement, or to the physical safety of students, faculty, or staff, will not be regarded as discriminatory.

(D) Other rules may not be imposed upon students with disabilities, such as a prohibition of tape recorders or guide dogs, which have the effect of limiting the participation of students in the educational program or activity. Further, in examinations or evaluations the university shall provide where possible such methods for evaluating the achievement of students with disabilities as will best ensure that the results of the evaluation represent the student's achievement rather than reflecting the student's impaired sensory, manual, or speaking skills.

(E) Grievance procedures and appeals. The student may appeal decisions made according to this policy. Procedures to be followed are stated in departmental or school policy books.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.4 Administrative policy and procedures regarding final examinations.

(A) Purpose. All courses offered for credit require a substantial final examination.

(B) Intent and scope.

(1) The intent and scope of this policy applies equally to all departments, schools, colleges and campuses of the university.

(2) Final examinations have an important function in the progression of students through their courses of study. Final examinations are a vital element in students' intellectual development.

(3) The general nature of the final examination in each course is a curricular responsibility of the department, or school, or college without departments or schools.

(4) Within the limits of the course description, the content and weight of each examination is the responsibility of the faculty member teaching the course, except where a block final or standard final is established by the department, or school, or college without departments or schools, in which case these matters are a responsibility of the department, or school, or college faculty collectively.

(5) This policy applies to all Kent state university courses offered for credit.

(6) Monitoring and enforcement of this policy is the responsibility of department chairs, school directors, deans of colleges without departments and schools and campus deans.

(C) Definitions.

(1) As used in this policy, "final examination" means a formal examination or an equivalent appropriate activity used in evaluating student performance. In the case of courses that do not meet as formal classes (e.g., individual investigations, research, individual music instruction), or that do not use the lecture as a standard format, alternative activities (e.g., research papers, performances, presentations, portfolios) would be the norm. Other exceptions to the formal examination should be rare and justified on pedagogical grounds.

(2) As used in this policy, "on ground" means a course delivered in a traditional classroom setting to students in that classroom or to students receiving synchronous transmission of the course to another classroom location.

(D) Procedures for all campuses.

(1) Final examination requirements for departments, schools and colleges without departments and schools for individual courses are to be established through normal curricular procedures, recorded on the basic data sheet, and made available to faculty members.

(2) Faculty members are expected to include information regarding the nature and weight of the final examination on the course syllabus. This information must be supplied to all students in each course.

(3) Students with four examinations scheduled for one day may ask to change the time of one of the final examinations. Department chairs, school directors, deans of colleges without departments or schools, or regional campus deans may, in their discretion, grant relief to students with fewer finals examinations on any one day, if requested and if appropriate.

(4) Final examinations must be given at the officially scheduled time, day, and place as published in the schedule of classes or through other official university means. In rare and pedagogically justifiable cases, a faculty member may request permission to change the time of a final examination. Such a change cannot be made unless it is approved by the department chair, school director, dean of the college without departments or schools or regional campus dean. If approval is granted, the final examination must also be given at the regularly-scheduled time for those students who prefer to take the final examination at that time.

(5) A period of at least two hours is to be allocated for each final examination period for on ground courses. Faculty members are urged to make full use of that time to the extent appropriate based on course credit hours. If students will not be given the full examination time period to complete the final examination, such information must be supplied to all students in the course on the course syllabus. Setting time duration for online final examinations during finals week is the responsibility of the faculty member teaching the course. Such information must be supplied to all students in the course on the course syllabus.

(6) Cancelled final examinations (due to weather or other emergency) will be rescheduled for the next available weekday(s) following the end of the regularly scheduled final examination week.

(7) Final examinations for online courses shall continue as scheduled in the event of campus closures during final examination week. Should this present a problem for an individual student, the student should contact the online course instructor.

(E) Additional procedures for the Kent campus.

(1) The registrar's office is responsible for constructing and publishing the final examination schedule. Final examinations are to be scheduled over a five-day week following the end of classes for fall and spring semester. Final examinations are scheduled for the last day of class for summer terms.

(2) Departments, schools or colleges without departments or schools may establish block finals through normal curricular procedures. Requests for scheduling of block finals must be made of the registrar's office and approved by the dean's office and the office of the provost at the time of scheduling the classes which will be a part of the block final. All block finals must be included in the final examination schedule. Times for make-up exams must be scheduled for each block final examination to accommodate students with schedule conflicts.

(F) Additional procedures for the regional campuses.

(1) Specific application and procedures appropriate to the regional campuses are to be developed by each regional campus dean in consultation with the faculty at the campus.

(2) Final examinations given at the regional campuses must be consistent with paragraphs (B), (C), and (D) of this rule.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.5 Administrative policy regarding grade point average adjustment.

(A) Purpose. The grade point average (GPA) adjustment policy provides students a second chance at pursuing their academic goals.

(B) Eligibility. To be eligible for a GPA adjustment, students must meet all the following conditions at the time of the request: officially admitted, reenrolled or reinstated to Kent state university; undergraduate status; and seeking a degree or certificate and enrolled in Kent state university credit courses. Students who are dismissed may apply for grade adjustment if they appeal and are reinstated.

(1) Students with a previous undergraduate degree or certificate and currently enrolled in a subsequent undergraduate program are eligible with the following stipulations:

(a) Students who earned a Kent state university associate or bachelor's degree or certificate may request a grade adjustment for failed grades (N, NF, SF, U) and only C-, D+ and D grades for the courses that were not used toward earning the previous degree or certificate.

(b) Students who earned a non-Kent state university associate or bachelor's degree or certificate may request a grade adjustment for failed grades (N, NF, SF, U) earned before or after the awarded degree or certificate and only C-, D+ and D grades earned after the awarded degree or certificate.

(C) Procedure.

(1) To apply for a GPA adjustment, students must complete the following steps:

(a) Meet with an academic advisor to begin an application

(b) Provide a written statement describing their plan to assure successful academic performance in the future

(c) Select a maximum of six courses with grades C-, D+, D, F, NF, SF, M and/or U to be forgiven

(2) Once the steps outlined in this rule have been completed, the office of the university registrar will remove the student-selected grades from the calculation of the student's GPA and earned hours. The grades will be retained on the student's transcript with the notation of an "E" (excluded) in the repeat column. The official grade for the courses will be changed to X* (e.g., XC-, XD) to denote a grade adjustment.

(D) Supplementary information.

(1) The GPA adjustment policy applies only to coursework taken at Kent state university and only to the students' Kent State transcript. Students cannot request the policy for grades earned from transfer courses.

(2) The GPA adjustment policy applies only to coursework taken at Kent state university and only to the students' Kent State transcript. Students cannot request the policy for grades earned from transfer courses.

(3) Students cannot request the policy for courses taken for a pass/fail grade.

(4) The course must officially be recorded on the student's transcript for grade adjustment to be considered.

(5) Students selecting a GPA adjustment for a course required to graduate with their declared program must retake this course unless the dean of the college in which they are enrolled approves a suitable substitution.

(6) The original GPA (includes any courses under the GPA adjustment policy) will be used in determining eligibility for Latin honors, distinction or other recognition, as well as satisfactory academic progress eligibility for federal financial aid, based upon the entirety of students' undergraduate academic career and record of academic performance.

(7) A student may submit multiple requests for GPA adjustment until the maximum six courses is met or the student graduates with that degree or certificate, whichever comes first. Students cannot request this policy for a course in a degree or certificate program after that degree or certificate has been awarded.

(8) Students who participated in academic forgiveness in the past may request the policy if they had fewer than six courses removed from their GPA and earned hours under the previous policy. Maximum six courses may be removed under previous and proposed policy, combined.

(9) Once the course grade and credit hours have been removed from the student's GPA and earned hours, they will not, under any circumstances, be reinstated.

(10) A graduate school may review a student's complete undergraduate record (including any courses under the GPA adjustment policy) when making admission decisions.

Last updated September 2, 2026 at 4:21 PM

History

  • Effective: October 1, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.7 Administrative policy regarding satisfactory academic progress for recipients of financial aid.

(A) Policy.

(1) Financial aid recipients at Kent state university are required to achieve satisfactory academic progress towards a degree in order to continue to receive financial assistance. This policy recognizes the requirements imposed by the federal government concerning satisfactory academic progress and the academic standards of the university for those seeking a degree.

(2) The university also recognizes that conditions may exist which require slower progress in achieving normal educational goals. These conditions, when verified by the student's academic advisor, will be taken into consideration when legally possible.

(B) Definitions.

(1) Satisfactory academic progress should not be confused with good academic standing requirements.

(a) "Good academic standing" may mean that a student can remain enrolled at the university in spite of insufficient credit hours each semester, a low grade point average, or even low achievement in standard test scores when originally admitted to the university.

(b) "Satisfactory academic progress" means that the student is proceeding in a positive manner towards fulfilling degree requirements in his/her course of study to include completion of credit hours during each academic year and achievement and retention of a satisfactory grade point average.

(C) Procedure.

(1) All financial aid recipients are required to complete at least twenty-four credit hours during the academic year (fall and spring semesters) if awarded aid on a full-time basis. This requirement will be proportionately less for part-time students. Financial aid will not be awarded to students enrolled for less than six credit hours in a semester.

(2) Undergraduate students must achieve at least a 2.0 cumulative grade point average at the end of the spring semester in order to receive consideration for continuing on aid programs for summer sessions and the next academic year. For graduate recipients, this requirement is a 3.0 cumulative GPA.

(3) Grades or administrative marks as follows are not acceptable towards meeting these standards of progress:

(a) AU;

(b) IN;

(c) IP;

(d) NA;

(e) R, and

(f) W.

(4) These standards for academic progress may not apply to other scholarship programs which have separate additional criteria and requirements.

(5) Undergraduates and graduate students must enroll for at least twelve hours of credit each semester in order to receive aid benefits based upon a full-time status. All undergraduate recipients must be aware that enrollment and completion of twelve credit hours per semester will not permit completion of degree requirements in the normal four-year period. Some aid programs have restrictions as to the number of semesters aid can be used; therefore, students run the risk of losing eligibility if they proceed at a reduced credit hour load.

(6) Continuation on any financial aid program is subject to the availability of funds. The university is not obligated to meet the financial need of students.

(7) Students who fail to meet these standards for academic progress will be notified of their discontinuance from aid programs by the financial aid office. Appeals can be made in writing to the director, student financial aid within ten working days after receipt of the discontinuance notice. All appeals must include substantive reasons for the failure to comply with this policy and all extenuating circumstances must be supported by documentation. The director of student financial aid will respond by letter to each appeal which is denied or award the recipient financial aid in the amount and type deemed appropriate within ten working days after receipt of the appeal. Further appeals can be made to the dean for student affairs.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.8 Administrative policy regarding student cheating and plagiarism.

(A) Purpose. Students enrolled in the university, at all its campuses, are to perform their academic work according to standards set by faculty members, departments, schools and colleges of the university; and cheating and plagiarism constitute fraudulent misrepresentation for which no credit can be given and for which appropriate sanctions are warranted and will be applied.

(B) Definitions. As used in this rule:

(1) "Cheat" means intentionally to misrepresent the source, nature, or other conditions of academic work so as to accrue undeserved credit, or to cooperate with someone else in such misrepresentation. Such misrepresentations may, but need not necessarily, involve the work of others. As defined, cheating includes, but is not limited to:

(a) Obtaining or retaining partial or whole copies of examination, tests or quizzes before these are distributed for student use;

(b) Using notes, textbooks or other information, or content generated by internet-based generative artificial intelligence programs (HAI), in examinations, tests and quizzes, except as expressly permitted by the instructor in the syllabus, examination, test, or quiz;

(c) Obtaining confidential information about examinations, tests or quizzes other than that released by the instructor;

(d) Securing, giving or exchanging information during examinations;

(e) Using GAI to generate content in satisfaction of assigned coursework, except as expressly permitted by the instructor in the syllabus, or applicable assignment;

(f) Presenting data or other material gathered by another person or group, or by GAI, as one's own;

(g) Falsifying experimental data or information;

(h) Having another person, or GAI, take one's place for any academic performance without the specific knowledge and permission of the instructor;

(i) Cooperating with another to do one or more of the listed examples of cheating;

(j) Using a substantial portion of a piece of work previously submitted for another course or program to meet the requirements of the present course or program without notifying the instructor to whom the work is presented; and

(k) Presenting falsified information in order to postpone or avoid examinations, tests, quizzes, or other academic work.

(2) "Plagiarize" means to take and present as one's own a material portion of the ideas or words of another (e.g., person, persons, or GAI) or to present as one's own an idea or work derived from an existing source without full and proper credit to the source of the ideas, words, or works. As defined, plagiarize includes, but is not limited to:

(a) The copying of words, sentences and paragraphs directly from the work of another without proper credit;

(b) The copying of illustrations, figures, photographs, drawings, models, or other visual and nonverbal materials, including recordings, of another without proper credit; and

(c) The presentation of work prepared by another in final or draft form as one's own without citing the source, such as the use of purchased research papers.

(3) "Student" means any person admitted or enrolled at the university in any of its courses, programs, campuses or offerings, including, but not limited to, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit.

(4) "Cooperation" means participation or assistance for the mutual benefit of both parties or the sole benefit of one party.

(5) "Academic sanction" means any of the various sanctions specifically listed in this rule under paragraph (D) of this rule.

(6) "Instructor" means any person employed or appointed to teach in any course or program offering of the university, or a committee appointed to assess, evaluate, or grade a thesis, dissertation or work. Any decision by such a committee shall be by majority vote.

(7) "Chairperson" means the chief administrative officer of a department, school, or program whose position is that of a first organizational level academic leader with a teaching faculty.

(8) "Dean" means the chief administrative officer of a regional campus, college or independent school or equivalent.

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

(10) "College" means an academic unit headed by a dean and includes any independent school headed by a dean.

(11) "Independent College" means a college without subordinate departments or schools.

(12) "Regional campus" means any of the Kent state university system of community-oriented institutions.

(13) "Cheating/Plagiarism Sanction Form" means the form instructors fill out and distribute each time they impose a sanction on a student for cheating or plagiarism.

(14) "Plagiarism School Form" is the form signed by an instructor and student agreeing to a remedial, private session for a student sanctioned for plagiarism in return for a mitigation of the sanction.

(15) "Generative artificial intelligence program (GAI)" means any internet-based generative artificial intelligence programs that make use of large language model algorithms to make something new. AI used for auto-complete, minor text-predictions, and/or grammar/spelling/punctuation suggestions, commonly found in most word-processing applications, is not considered GAI.

(C) Intent and scope of the policy.

(1) In providing this policy, the university affirms that acts of cheating and plagiarism by students constitute a subversion of the goals of the institution, have no place in the university and are serious offenses to academic goals and objectives, as well as to the rights of fellow students.

(2) It is the intent of this policy to provide appropriate sanctions, to provide fair and realistic procedures for imposing those sanctions, to provide safeguards for any student suspected of cheating or plagiarism.

(3) This policy applies to all students of the university, graduate and undergraduate, full or part-time, whose conduct is of such a nature prohibited by the policy. Other offenses of a nonacademic nature are covered by the code of student conduct, rule 3342-4-02 of the Administrative Code and of this register.

(4) Ordinarily, students sanctioned under this policy may not seek to remove such sanction by invoking their rights under other university policies (such as the administrative policies addressing student complaints found in rule 3342-4-02.3 or 3342-8-01.4 of this Administrative Code) but may appeal a finding of responsibility and/or the sanction according to paragraph (F) of this rule.

(D) Sanctions.

(1) Academic sanctions. The following academic sanctions are provided by this rule for offenses of cheating or plagiarism. Instructors are to use the cheating/plagiarism sanction form to indicate which one of the following sanctions is to be imposed on the student. Instructors must send that form to the office of student conduct. For Kent campus instructors the form will be sent by the office of student conduct to the student, the instructor's department chairperson or dean, and the dean for the college in which the student is enrolled. For regional campus instructors the form will be sent by the office of student conduct to the student, and to the regional campus dean.

(a) Coursework. The following academic sanctions are provided by this rule for offenses of cheating or plagiarism. In those cases the instructor may:

(i) Refuse to accept the work for credit; or

(ii) Assign a grade of "F" or zero for the project, test, paper, examination or other work in which the cheating or plagiarism took place; or

(iii) Assign a grade of "F" for the course in which the cheating or plagiarism took place; and/or;

(iv) Recommend to the department chair or regional campus dean that further action specified in paragraph (D)(1)(b) of this rule be taken. The department chairperson or regional campus dean shall determine whether or not to forward to the academic dean or to the vice president for the regional campuses a recommendation for further sanctions under paragraph (D)(1)(b) of this rule.

(v) For students who have not previously been sanctioned for plagiarism, if the instructor and student agree, Plagiarism School could be provided as a means to mitigate the sanction (as described in paragraphs (B)(14) and (G) of this rule.)

(b) Degree. The following academic sanctions are provided for acts of cheating or plagiarism which so permeate the student's work that the effect is to compromise the validity of a degree. Such occurrences may be related, but not limited to, professional or graduate work. Sanctions which can be invoked by the dean of the college in which the student is enrolled or by the vice president for the regional campuses include those provided in paragraph (D)(1) of this rule; and/or

(i) Revocation or recommendation to decertify or not to certify; or

(ii) Rejection of the thesis, dissertation or work; or

(iii) Recommendation for revocation of a degree.

(2) Other sanctions. If the instructor feels, or the department chair or director, or dean where appropriate, that the offense is of such nature that the academic sanctions are an insufficient remedy, or that they are not available, he or she may initiate additional procedures by referring the matter in its entirety to the academic hearing panel defined in paragraph (I) of this rule, which can consider additional disciplinary sanctions. After the office of student conduct receives notification of a sanction via the cheating/plagiarism sanction form (see paragraph (D)(1) of this rule), the academic hearing panel will conduct a hearing to determine if the academic sanction applied by the instructor as well as additional disciplinary sanctions it deems appropriate will be assessed against the student. The following sanctions can only be imposed by the academic hearing panel following a hearing as set forth in paragraph (H) of this rule.

(a) Disciplinary probation. This sanction is one that places the student in serious jeopardy with the university. This sanction is invoked for a specified period of time. Notification of sanctions will be made to appropriate university offices, including the student's academic college or school. Students on disciplinary probation: might be subject to automatic dismissal or suspension if found responsible of any act of misconduct, including violation of the terms of the disciplinary probation.

(i) Might not be permitted to participate in an official non-curricular capacity such as intercollegiate athletics, intramurals, fine arts activities, or as an officer of a student organization, etc.

(ii) Might be restricted from entering or remaining in selected campus buildings or in specified university facilities.

(b) Disciplinary suspension. This sanction is one of involuntary separation of the student from the university for a specified period of time. Notification of sanctions will be made to appropriate university offices, including the student's academic college or school. Students suspended:

(i) If a sanction grade was assigned, it should remain on the transcript.

(ii) Might be required to leave the land and/or premises of the university effective the date of suspension. Permission may be granted by the vice president for enrollment management and student affairs for entrance to university premises for a specified purpose and time.

(c) Disciplinary dismissal. This sanction is one of involuntary separation of the student from the university. Notification of sanctions will be made to appropriate university offices, including the student's academic college or school. Students dismissed:

(i) If a sanction grade was assigned, it should remain on the transcript.

(ii) Might be required to leave the land and/or premises of the university effective the date of dismissal. Permission may be granted by the vice president for enrollment management and student affairs for entrance of the student to university premises for a specified purpose and time.

(iii) Shall be reinstated only by the provost, who shall establish criteria for readmission.

(d) Additional sanctions. Additional sanctions are the prerogative of the AHP. They may be mandated as part of the sanctions listed above. Some options that may be considered are as follows:

(i) Counseling;

(ii) No contact order;

(iii) Educative/rehabilitative program referral;

(iv) Monetary penalty (not to exceed two hundred dollars);

(v) Letter of apology;

(vi) Warning;

(vii) Persona non grata status;

(viii) Campus access restrictions; and/or

(ix) Other as deemed appropriate through the disciplinary process

(E) Procedures for invoking sanctions.

(1) Academic administrative procedures pertaining to paragraph (D)(1)(a) of this rule. In the event that an instructor determines that it is more probable than not that a student in a course or program under the instructor's supervision has presented work for university credit which involves an act of cheating, plagiarism or cooperation in either, then the instructor shall:

(a) Inform the student as soon as is practical of the belief that an act of cheating or plagiarism has occurred. If the student cannot be reached in a reasonable period of time, the instructor may proceed with sanctions, notifying the student in writing as promptly as possible of the belief and the procedural steps the instructor has taken.

(b) Provide the student an opportunity to explain orally, in writing, or both, why the student believes the evaluation of the facts is erroneous.

(c) If the explanation is deemed by the instructor to be inadequate or if no explanation is offered, the instructor may impose one of the academic sanctions listed in paragraph (D)(1)(a) of this rule. In addition, the instructor may refer the matter to the dean of the college, campus, or school in which the student is enrolled for imposition of academic sanctions listed in paragraph (D)(1)(b) of this rule.

(d) The instructor shall provide a copy of the cheating/plagiarism sanction form to the office of student conduct. That office will provide copies of the form to the student, the instructor's departmental chairperson, or, for independent colleges and regional campuses, the dean of the college or campus in which the instructor is assigned, the dean of the college or campus in which the student is enrolled, and the office of student conduct, listing the specific sanction assessed (as defined in paragraph (D)(1)(a) of this rule) and whether or not the instructor is recommending the imposition of academic sanctions listed in paragraph (D)(1)(b) of this rule to the appropriate dean (the dean of the college or campus in which the student is enrolled). The form also serves to inform the student of the right to appeal.

(e) The instructor shall keep the evidence of cheating or plagiarism in a secure place and provide it upon request to the department chair, independent college or campus dean, or the academic hearing panel. The instructor shall provide copies on request to the student at the student's expense.

(f) The instructor shall cooperate with academic and student conduct personnel in any appeal of the decision, and/or in adjudication of any disciplinary proceedings.

(2) Academic administrative procedures pertaining to paragraph (D)(1)(b) of this rule.

(a) With concurrence from the faculty member and the department chairperson, the academic dean or the vice president of the regional campuses may invoke sanctions specified in paragraph (D)(1)(b) of this rule.

(b) The recommendation for sanction, paragraph (D)(1)(b)(iii) of this rule, is made by the academic dean or the vice president for the regional campuses who forwards it to the provost, who must approve it and forward it to the president, who must approve it and forward it to the board of trustees for approval.

(3) Procedures pertaining to paragraph (D)(2) of this rule (non-academic, disciplinary sanctions).

(a) After receiving notification from the instructor that a sanction has been imposed and/or recommended in paragraph (E)(1)(d) of this rule, the office of student conduct will check to see if a sanction invoked by this code was previously imposed on the student. If it is determined that the student was previously sanctioned and was not successful in removing the sanction through the appeal process defined in paragraph (F) of this rule, the matter in its entirety will be referred to the academic hearing panel (AHP) (defined in paragraph (H) of this rule).

(b) The AHP will follow the process established in paragraph (F) of this rule to determine if the academic sanctions imposed by the instructor and/or dean are upheld and/or if disciplinary sanctions should also be applied.

(F) Academic appeals. All appeals for sanctions imposed as a result of this policy will be adjudicated by the academic hearing panel.

An appeal of a sanction imposed by an instructor or a dean must be filed with the office of student conduct by the student within fifteen working days of receipt of the cheating/plagiarism sanction form.

(1) Hearing.

(a) The burden of establishing by a preponderance of the evidence that cheating or plagiarism occurred is on the person who claims the act took place.

(b) The instructor shall provide documents, if any, in support of the decision and shall make a statement, orally, in writing, or both, of the facts and the basis for the decision.

(c) The student may make a statement in writing, orally, or both.

(d) Both the instructor and student may ask questions of the other at an appropriate time during the hearing.

(e) Both may present witnesses.

(f) Both have the right to hear all testimony and examine all evidence.

(g) At the hearing, the student may be accompanied by one other person of his or her choice. That person may act as an advisor to the student, but may not participate in the hearing procedure in any manner whatsoever. No party may be represented by legal counsel.

(G) Plagiarism school. As a means to address less severe cases of student plagiarism (acts that may be considered by the instructor to be unintentional), the instructor may request that the student attend a remedial, private session administered by university libraries regarding acceptable ways to document research.

(1) Plagiarism school will only be offered to students not previously sanctioned for plagiarism.

(2) Plagiarism school will only be offered if both the instructor, and student and representative from university libraries (the plagiarism school instructor) agree by signing the "Plagiarism School Form." The instructor will indicate on the form how the sanction will be modified in favor of the student if the student completes all activities identified on the form.

(3) A student's successful completion of plagiarism school does not in any way change the process of reporting acts of cheating and plagiarism according to this policy.

(4) Upon successful completion of plagiarism school, university libraries will notify the instructor so that he/she can mitigate the sanction as indicated in the form.

(H) The academic hearing panel (AHP) is a special hearing panel established to decide cases resulting from either a referral for disciplinary sanctions from instructors, chairs, directors, or deans (paragraph (D)(2) of this rule), when an appeal of a sanction imposed by an instructor or a dean, or when a determination has been made that a student has previously been sanctioned for an act of academic dishonesty pursuant to this policy.

(1) Composition. The panel shall be appointed by the provost: a minimum of ten KSU faculty, five having graduate faculty status (staggered, serving terms of two years), a minimum of five current KSU graduate students (serving a one-year term), and a minimum of five current KSU undergraduate students (serving a one-year term). The provost will appoint one faculty member as chair at the beginning of each fiscal year.

(2) Charge. For the purpose of holding a hearing, the chair will select a hearing committee of three AHP members (two faculty and one student). The committee selections should be based on graduate/undergraduate status (graduate faculty and student for cases involving an accused graduate student, undergraduate faculty and student for cases involving an accused undergraduate student) and be consistent with eligibility standards set in paragraph (H)(4) of this rule. The AHP will conduct hearings based on allegations of academic misconduct and determine if the accused student is in violation of this policy. Once the AHP has determined that a violation has been committed, the student will be assessed an academic sanction (as defined in paragraph (D)(1) of this rule or as defined in paragraph (D)(2) of this rule or a combination of both.) The severity of the offense and the student's overall behavior regarding academic honesty will determine the sanction(s) assessed against the student.

(3) Training. Annual training will be offered in a joint effort by persons appointed by the provost and the vice president for enrollment management and student affairs, and convened by office of student conduct.

(4) Eligibility. Faculty who are current instructors of the accused student, faculty of the instructor's department, and any student appointed to the AHP who shares a class, residence, or known affiliation with the accused student are not eligible to sit on the AHP hearing committee for that respective accused student.

(5) Records. All AHP hearings are closed to the public and are recorded, minimally audio, using current technological equipment available (i.e. DVD). All technological recordings shall be destroyed in accordance with university recordkeeping protocol.

(6) All matters pertaining to the conduct of the appeal hearing shall be under the sole authority of the academic hearing panel.

(I) Appeals.

(1) Students, faculty, and deans may appeal the decisions of the hearing board or officers to the provost. No additional appeal will be heard.

(2) Appeals are limited to the following reasons:

(a) The decision is not in accordance with the evidence presented;

(b) The decision was reached through a procedure not in accordance with this rule;

(c) New information is available which may suggest modification of the decision;

(d) Sanction(s) imposed were not appropriate for the conduct violation which the student was found responsible for;

(3) An appeal must be in writing, must state clearly the rationale for the appeal and must be submitted within seven calendar days of the date of the decision.

(J) This policy will be effective beginning with the fall 2012 catalog year

Last updated August 19, 2024 at 8:36 AM

History

  • Effective: August 19, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02

(A) Purpose. The university board of trustees is responsible by law for regulating the use of the grounds, buildings, equipment and facilities of the university. The board of trustees is also responsible for assuring that the conduct of the students, staff, faculty and visitors to the campus permits the university to pursue its educational objectives and programs in an orderly manner.

(B) Requirements.

(1) To meet these responsibilities, the board of trustees shall adopt standards of conduct for the students, faculty, staff, and visitors to the campus and may provide for suspension from classes or employment, expulsion from the university, and/or ejection from university property of persons who violate such regulations.

(2) The board of trustees shall provide for the administration and enforcement of its rules and may authorize the use of state university law enforcement officers and other university officials to assist in enforcing university policy and the law on the campus.

(C) Scope. In accordance with university policy, the president shall have the responsibility and authority for the discipline of all students. The authority to impose the formal sanctions specified in this rule may be delegated to university officials or hearing panels by the president. Disciplinary action under this rule may be taken against a person who has applied for admission as a student to the university, whether or not the individual is registered for classes. Disciplinary action may also be taken against student organizations. The president (or designee) review any case which comes within the purview of the university policy regarding administration of student conduct.

(D) Jurisdiction. The code of student conduct shall apply to conduct occurring on university premises, at university-sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives. Behavioral conduct is the responsibility of each student from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The code of student conduct shall apply to a student's conduct (or student organization's) conduct even if the student withdraws (or the student organization ceases functioning/loses university-recognized status) from the university while a disciplinary matter is pending. The senior vice president for student life (or designee) maintains discretion to decide, on a case by case basis, whether the code of student conduct shall be applied to conduct occurring off campus.

(E) Procedural standards. Students and student organizations shall adhere to operational procedures for the administration of student conduct under this rule or rule 3342-4-02.1 of the Administrative Code. The procedural standards shall be readily accessible to all students and student organizations.

(F) Responsibility for administration of this policy. The primary responsibility for the supervision of student conduct at the university has been delegated to the senior vice president for student life. The senior vice president for student life may establish such administrative procedures as are necessary to fulfill the intent of the code of student conduct. These administrative procedures shall be in writing and published in conjunction with the code of student conduct.

The president authroizes the senior vice president for student life to establish administrative procedures as necessary to fulfill the intent of this rule. The senior vice president for student life may delegate the responsibility to direct the student conduct process to the director of student conduct.

(G) All-university hearing board. In recognition of the student right to self-govern by and through the undergraduate student government, the all-university hearing board is established to administer non-conduct related matters involving students. Accordingly, the all-university hearing board shall not have the authority to intervene in the student conduct process administered by the university, and the purview of such board shall be limited to the scope as currently provided for in rule 3342-2-08 of the Administrative Code.

(H) Revisions. Updates and other changes to the code of student conduct shall be submitted to the senior vice president for student life. The senior vice president for student life retains the authority to immediately enact and enforce changes to the code of student conduct.

Last updated August 1, 2024 at 7:36 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.3

(A) Purpose. This administrative policy and procedure is established to provide an appropriate framework and method to resolve student complaints of an academic nature. As such, this policy is specifically designed to maintain the integrity of the academic environment and to ensure that the rights of students in such matters are clearly stated and protected.

(B) General guidelines.

(1) In initiating a complaint and throughout the formal appeals process, students may seek the counsel of the office of the student ombuds. The student ombuds will provide information, clarify procedures, and facilitate communication as requested.

(2) This student academic complaint policy, upon its approval, will become a part of the handbook for each academic unit and regional campus as the applicable student complaint policy and procedure for the unit.

(3) The appropriate jurisdiction for initiating an academic complaint (i.e., where a complaint is filed and which academic unit or regional campus controls the complaint process) is determined first by the academic unit or campus scheduling the course offering. Academic complaints concerning courses scheduled by an academic unit will be initiated with the academic unit offering the course. Academic complaints concerning courses scheduled by a regional campus will be initiated with the regional campus offering the course. In the case of a course scheduled by an academic unit which is cross-listed with other academic units, an academic complaint will be initiated with the academic unit of the instructor. In the case of a course scheduled by a regional campus that is cross-listed with another campus, an academic complaint will be initiated with the primary campus of the instructor of record.

(4) It is understood that some issues student academic complaints may involve one or more policies which, because of either the nature of the academic complaint or the status of the complainant, may be related to university offices with separate responsibilities for such policies. An allegation of discrimination or sexual harassment should be referred to the office of equal opportunity and compliance (EOC). Appeals of sanctions applied for cheating or plagiarism should be addressed under rule 3342-3-01.8 of the Administrative Code. Non-academic student complaints should be addressed under rule 3342-4-02.102 of the Administrative Code.

(5) There shall be no retaliation against the student or abridgment of a student's rights resulting from the use of this policy.

(C) Definition of terms.

(1) "Student" is defined as any person enrolled at the university in a course offered for credit.

(2) "Instructor" is defined as any person who is authorized to teach any course offering of the university, who is involved in a professional capacity as a thesis or dissertation committee member, or who evaluates student academic work.

(3) "Academic unit" is defined as an academic department headed by a chair, a school headed by a director, or a college without departments or schools headed by a dean.

(4) "Regional campus" is defined as a campus of Kent state university other than the Kent campus.

(5) "Local administrator" is defined as the chief administrative officer of an academic unit or regional campus whose position is that of a first organizational level academic leader with a teaching faculty (i.e., the chair of a department, the director of a school, the dean of a college without departments or schools, or the dean of a regional campus). In the case of a college without departments or schools or a regional campus, and with the exception of the role identified for the local administrator in paragraphs (E)(2)(g) and (E)(2)(h) of this rule, the dean may delegate the role of the local administrator to a college or campus administrator with faculty rank.

(6) "Faculty advisory body" is defined as the faculty advisory committee of a department or school, the college advisory committee of a college, or the faculty council of a regional campus.

(7) "Student academic complaint" is defined as a formalized complaint regarding those aspects of the educational process involving student performance, evaluation, or grading in courses.

(8) "Student complaint procedure" is defined as the process by which a student may resolve an academic complaint.

(9) "Respondent" is defined as that person or persons named by the student when filing a written academic complaint.

(10) "Complainant" is defined as the student who files an academic complaint.

(11) "Student academic complaint committee" is defined as the academic unit or regional campus committee whose responsibility is to review and make recommendations to the local administrator with regard to student academic complaints.

(12) "Student ombuds" is defined as the university official charged with the responsibility to assist students by providing an individualized information and referral system. The student ombuds informs students of procedures for processing student complaints and acts as a facilitator upon request.

(13) "Academic administrator at the next level of governance" is defined as the college dean (or their designee) in the case of a department chair/school director, the provost (or their designee) in the case of a dean of a college without departments or schools, or the chief administrative officer for regional campuses (or their designee) in the case of a regional campus dean.

(14) All references to "days" refer to weekdays during fall and spring semesters on which classes are conducted, excluding examination week.

(D) Student academic complaint committee.

(1) Each academic unit and regional campus shall establish a standing student academic complaint committee which shall be composed of three to five full-time faculty members from the academic unit or regional campus and one to two students. All members shall participate fully in committee deliberations and shall vote on the recommendation to be forwarded to the local administrator.

(2) In all cases, faculty members of the student academic complaint committee will be selected by the faculty advisory body of the academic unit or regional campus at the end of the spring semester for the next academic year.

(3) At the beginning of each academic year the student academic complaint committee shall elect one of its full-time faculty members to serve as chairperson.

(4) The student member(s) of the committee will be selected by the local administrator after consultation with the faculty advisory body and relevant student organizations. As applicable, undergraduate student(s) and graduate student(s) in good standing shall be appointed by the local administrator on or before September fifteenth of each year. The undergraduate student(s) will sit on complaints about undergraduate courses, and the graduate student(s) will sit on complaints about graduate courses.

(5) If a member of the student academic complaint committee or a spouse, domestic partner, or relative of any member of the committee is named as a respondent or complainant, that member shall be excluded from deliberating or voting on that complaint. In such cases, the members of the student academic complaint committee, through its chairperson, may replace any member excluded by this rule.

(6) Neither the local administrator nor any administrative delegate thereof is a member of the student academic complaint committee, nor does the local administrator or any administrative delegate thereof participate in its deliberations.

(E) Complaint procedure.

(1) Informal resolution.

(a) The student is expected first to review the matter with the course instructor in an attempt to resolve the issue immediately.

(b) If the matter is not resolved immediately, the student may discuss the matter with the local administrator of the academic unit or regional campus offering the course before lodging a formal complaint.

(c) The student may also consult with the student ombuds.

(2) Formal complaint.

(a) If attempts at informal resolution are unsuccessful, the student may lodge a formal complaint by submitting said complaint, in writing, local administrator. (See paragraph (G) of this rule for time limits.) In the case where a complaint is lodged against the local administrator, the complaint will be submitted to the chair of the student academic complaint committee.

(b) The written complaint submitted by the student should include the nature of the complaint, the facts and circumstances leading to the complaint, reasons in support of the complaint, and the remedy or remedies requested. The complaint statement submitted by the student becomes the basis for all further consideration of the matter. The written complaint should also note what attempts were made at informal resolution and should include any evidence pertinent to the issues identified.

(c) Upon receipt of the complaint, the local administrator shall refer it to the student academic complaint committee for consideration. A copy will be made available to the respondent(s) who shall respond in writing to the complaint and include any information or documentation related to the response. A copy of the respondent's written response shall be forwarded to the complainant.

(d) If the committee determines that two or more complaints against an instructor are substantively the same, the committee may, with the concurrence of the complainants, choose to combine the complaints.

(e) The conduct of matters brought before the student academic complaint committee shall be non-adversarial in nature. The committee shall examine and evaluate fully the written allegation and response, including any supporting documentation submitted by the complainant or respondent. The complainant and the respondent will be invited to appear before the committee. The committee may also invite testimony from any other persons who, in the judgment of the committee, may assist in its examination and evaluation of the complaint.

(f) In each case brought before the committee, the student complainant may bring a non-attorney adviser (e.g., a parent, fellow student, another instructor) to observe, assist, and counsel. Such advisers shall not participate directly in the hearing.

(g) After completion of its review and examination and following appropriate deliberation, the committee shall forward to the local administrator a written recommendation, which becomes part of the record.

(h) Upon receipt of the written recommendation from the student academic complaint committee, the local administrator shall provide a written decision to the complainant and the respondent, with a copy going to the members of the committee and the academic administrator at the next level of governance. In arriving at a decision, the local administrator, besides reviewing the recommendations provided by the committee, may consult with the parties to the complaint or others who the local administrator believes may assist in the review of the matter. The written decision should contain a summary of the complaints and of the committee's recommendation, and the reason(s) for the decision rendered.

(i) In the event that the decision requires a change in a student's academic record, and neither party appeals the decision of the academic unit or regional campus, it is the responsibility of the local administrator to initiate such a change, following established university procedures.

(F) Appeal of academic unit or regional campus decision.

(1) The complainant or respondent may appeal the decision made at the academic unit or regional campus level to the academic administrator at the next level of governance.

(2) The appellant shall clearly state in writing the reasons why the academic unit or regional campus decision is being appealed. The appeal must be based on procedural reasons or substantive issues that were not properly dealt with in the original complaint. In no case will the appeal be a complete rehearing of the original complaint.

(3) A copy of the appeal statement must be sent to the other party (complainant or respondent) and the local administrator of the academic unit or regional campus.

(4) The review of any appeal by the academic administrator at the next level of governance will normally consist of the review of the written documents. At the discretion of the academic administrator at the next level of governance, the review may include interviewing the principal parties, discussing the matter with the local administrator and members of the student academic complaint committee, and/or consulting with any others deemed relevant to the review of the appeal.

(5) Upon completion of the review, the academic administrator at the next level of governance will make the final decision.

(G) Time limits.

(1) The following time limits pertain to all parties. If conditions or causes exist requiring a modification of the time limits, it shall be the responsibility of the local administrator to assess such circumstances and causes and determine the nature or extent of any such modification. If the local administrator determines that modification is required, the parties shall be informed immediately by the local administrator.

(2) Following an unsuccessful attempt at informal resolution, a written complaint must be submitted within fifteen days after the occurrence of the event. If the event occurs at or after the end of a regular semester or during a summer session, a student will have up to fifteen days from the start of the next semester to submit a complaint to the local administrator. An exception to this rule is in effect if the student is scheduled to graduate and the event does not delay graduation. In such cases, the written complaint must be filed within thirty days following the last day of finals week, if the event occurs during the regular semester, or within thirty days following the last day of classes of the final summer session, if the event occurs during summer session.

(3) The local administrator must provide a copy of the complaint to the respondent and members of the student academic complaint committee within ten days of receipt of the complaint.

(4) The respondent has ten days from the date of receipt of the complaint, if the complaint was submitted during the fall or spring semesters, or ten days from the start of the next semester, if the complaint was submitted during the summer or winter breaks, to provide a written response to the local administrator, with a copy to the complainant and to the members of the student academic complaint committee.

(5) The student academic complaint committee is expected to conduct its review as expeditiously as possible. In no case, however, is the committee expected to conduct its review outside of the regular academic year (fall and spring semesters). The student academic complaint committee, through its chair, must forward a written recommendation to the local administrator within fifteen days of completion of its review.

(6) The local administrator will normally provide a written decision within ten days of receipt of the student academic complaint committee's recommendation.

(7) If either party decides to appeal the local administrator's recommendations, the appeal must be submitted in writing to the appropriate academic administrator at the next level of governance within ten days of receipt of the academic unit or regional campus decision. A copy of the written appeal must also be sent to the other party and to the local administrator of the academic unit or regional campus.

(8) Unless extensive further review is required, the academic administrator at the next level of governance shall normally provide a decision to the appellant within fifteen days. A copy of the decision shall be sent to the other party and to the local administrator.

(H) Records. The records and disposition of any complaint, including those appealed to the academic administrator at the next level of governance, shall be maintained by the academic unit or regional campus in a student academic complaint file for a minimum of seven years.

(I) Exceptions. It is recognized that, because of the nature of a complaint, or the possibility of persons normally involved in the process being subject to a complaint themselves, exceptions to these procedures may have to be made. In any such case, the matter should be brought to the attention of the office of the provost the case of complaints originating on the Kent campus, or the chief administrative officer for regional campuses in the case of complaints originating on a regional campus.

Last updated September 2, 2025 at 7:32 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.9 Administrative policy regarding academic probation.

(A) Academic probation is a means of informing a student that his or her academic performance or progress is unsatisfactory while there may still be time for remedy.

(B) Academic probation is imposed by the academic deans, from whom specifics are available. Such probation is usually accompanied by restrictions in the number of credit hours which may be attempted in any given term and specifications as to the grade average necessary for a student to be allowed to continue for another term.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.10 Administrative policy regarding dismissal of undergraduate students for academic reasons.

(A) Purpose. A student whose academic performance indicates a limited chance of obtaining the minimum grades required for good academic standing will be subject to dismissal from the university.

(B) Eligibility. Specifically, the provost may dismiss a student if any of the following conditions apply to that student:

(1) Any student who earns between a 0.000 and 0.500 grade point average (GPA) in the student's first semester at Kent state.

(2) Any continuing student on academic probation who does not achieve a minimum 2.00 semester GPA and has an overall (GPA) within the following ranges:

(a) Between 0.000 and 29.999 GPA hours: below 1.100 overall GPA.

(b) Between 30.000 and 59.999 GPA hours: below 1.500 overall GPA.

(c) Between 60.000 and 89.999 GPA hours: below 1.750 overall GPA.

(d) 90.000 or more GPA hours: below 2.000 overall GPA.

(3) Any full-time student in the student's first semester at Kent state or on academic probation who receives nine or more credit hours of any combination of the following grades or marks in the semester under review: F (fail), NF (never attended-fail), SF (stopped attending-fail), U (unsatisfactory). This policy applies without regard to whether the designated grades were included or excluded from the student's overall GPA.

(4) Any less-than-full-time student in the student's first semester at Kent state or on academic probation who receives six or more credit hours of any combination of the following grades or marks in the semester under review: F (fail), NF (never attended-fail), SF (stopped attending-fail), U (unsatisfactory). This policy applies without regard to whether the designated grades were included or excluded from the student's overall GPA.

(C) Required absence. Students meeting the above conditions will be subject to academic dismissal and should expect to be away from the university for a minimum of twelve consecutive months. A dismissed student may not register for any coursework at any campus of Kent state university. The notation of academic dismissal will be printed on the student's official transcript.

(D) Dismissal appeal. A student who is dismissed has the right to appeal the decision. Appeals must be based on recent circumstances that were beyond the control of the student.

(1) Appeals must be made in writing to the college or campus at which the student was enrolled at the time of the dismissal. The appeal letter must be composed, typed and signed by the student. The appeal letter may be delivered personally or sent by mail, fax or e-mail from the student's kent.edu account, and must include all pertinent documentation for the appeal to be considered.

(2) Appeal letters for dismissals must be received by the college or campus no later than 10 calendar days after final grades are posted on the student's FlashLine account.

(3) Appeal letters must include the following:

(a) An explanation of the extenuating circumstances, such as personal illness/injury, critical family illness or other situations of sufficient severity that they may have adversely affected academic performance. These circumstances must be documented by providing physician statements or other appropriate official documents.

(b) Proof of consistent satisfactory academic performance prior to the occurrence of the circumstances believed to be the cause of the dismissal. These efforts must be documented by course instructors, and their statements must be submitted on university letterhead or sent from each instructor's Kent state e-mail address. If errors have occurred for one or more reported grades, the course instructor must verify that a grade change has been submitted.

(c) An explanation of why action such as course withdrawal, complete term withdrawal, request for an incomplete grade, etc., was not taken before the end of the semester.

(d) A detailed plan of action for achieving academic success for any future enrollment at Kent state university.

(e) The student's full name, Kent state ID number, current and permanent mailing addresses, current and permanent telephone numbers and Kent state e-mail address.

(4) Appeals that do not meet these guidelines will not be reviewed.

(E) Reinstatement.

(1) Reinstatement after dismissal from Kent state university is neither automatic nor guaranteed. A student may be reinstated only if the student provides convincing evidence of probable academic success if permitted to return to the university. A dismissed student who has previously accumulated a substantial number of credit hours and/or an excessively low GPA should expect that reinstatement is not likely to be approved.

(2) Application for reinstatement after the required period of time away from the university should be to the dean of the college or campus that houses the major program the student wishes to enter. Students wanting to be reinstated into a program with selective admission requirements, specified certification standards or additional graduation requirements may be approved to be reinstated into the university but not into that particular program. The application should include convincing evidence of the student's motivation to continue and of the student's specific efforts during the period of dismissal to eliminate previous weaknesses. After evaluating the application for reinstatement and all supporting materials, the dean will inform the student of the reinstatement decision.

(3) A student who is reinstated is automatically placed on academic probation until good academic standing (minimum 2.000 overall GPA) is attained. Academic requirements will be determined by the catalog-in-force at the time the student re-enrolls at the university.

Last updated September 2, 2026 at 4:21 PM

History

  • Effective: August 28, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.101 Operational procedures and regulations regarding change of grade.

Faculty members may obtain a form for the purpose of changing a student's grade from their departmental offices, or, in the case of the college of fine and professional arts, from their school. The completed and signed form is to be returned to the departmental office for the chairperson's signature. The form is then to be submitted to the dean's office of the college in which the course is offered and then to be sent to the registrar for official recording. The student whose grade is in question must not be involved in the transmittal process of the forms.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.102 Operational policy and procedure regarding withdrawal from courses.

(A) Course withdrawal indicates that a student intends to stop attending any or all classes for the current term.

(B) Course withdrawal is permitted through the tenth week of the fall or spring semester (prorated deadline for summer or flexibly scheduled courses).

(C) After the withdrawal deadline, a student is considered to be committed to all remaining courses and must complete them. If a student is unable to complete the term because of extreme circumstances that first occur after the deadline, the student should consult his/her college or campus dean's office.

(D) Any course withdrawal(s) processed after the second week of the fall or spring semester (prorated deadline for summer or flexibly scheduled courses) will appear on the student's academic record with an administrative mark of W.

(E) Students in the Kent state university college of podiatric medicine who request withdrawal after seven weeks of course instruction will receive on their academic record either the administrative mark WP or WF if passing or failing, respectively, for each withdrawn course.

(F) Course withdrawal does not negate a student's financial obligation, and the student will be held responsible for all balances due to Kent state university.

History

  • Effective: September 8, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.103 Operational procedures and regulations regarding withdrawal from the university.

(A) Students who withdraw from the university any time during a term will receive a mark of "W."

(B) Final examination week is not considered part of the academic term for purposes of withdrawal.

(C) Students who wish to withdraw from the university must report to the office of their academic dean.

(D) Academic deans or their designees will interview students applying for university withdrawal and will forward a completed "Exit Application" to the registrar's office.

(E) Any variation from this rule requires approval by the appropriate academic dean.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.104 Operational policy regarding honorary degrees.

(A) Purpose. Honorary degrees have been awarded by American colleges and universities since early colonial times as a way of recognizing persons of achievement. They have customarily been awarded to prominent alumni/alumnae of the granting institution and to professional and civic leaders, national and state leaders in public affairs, prominent educators, and distinguished contributors to the arts, sciences and humanities.

(B) Eligibility. At Kent state university honorary degrees may be awarded to persons who have clearly and unmistakably demonstrated achievement in a recognized field of endeavor, and who have in some measure contributed to the advancement of the university, or whose contributions are so significant that the benefits are recognized and acknowledged on a state, national, or international level.

(C) Procedure.

(1) For the award of an honorary degree, the statutes of Ohio require the approval of the faculty and of the board. By action of the faculty senate on February 25, 1980, the senate committee on citation and recognition represents the faculty in recommending and screening nominees for honorary degrees, making its recommendation through the president to the board.

(2) The board will consider only those nominations which have been screened by the senate committee on citation and recognition and brought forward by the president with his or her recommendation; however, the board may also propose nominations to this committee for faculty consideration.

(3) To avoid potential embarrassment, deliberations on the merits of nominations for honorary degrees will be conducted in closed sessions.

(4) Nominations of persons to be considered for honorary degrees must be in writing and may be made at any time to the chairperson of the senate committee on citation and recognition. Nominations should be fully documented and carry the names and addresses of at least five persons from outside the campus who might be asked to endorse the nomination.

(5) An earned degree is not to be considered a prerequisite for an honorary degree.

(D) Exceptions.

(1) A person actively campaigning for public office in the state of Ohio may not be considered for an honorary degree from this university during the period of the campaign.

(2) An honorary degree may not be granted "in absentia."

(E) The following honorary degrees are those usually awarded at Kent state university:

(1) LL.D (doctor of laws), customarily awarded to a person distinguished in general service to the state, to learning and to mankind.

(2) LH.D. (doctor of humane letters), customarily awarded to a person distinguished in the humanities.

(3) Sc.D. (doctor of science), customarily awarded to a person distinguished in the sciences.

(4) Lett.D. (doctor of letters), customarily awarded to an acknowledged scholar in a particular discipline.

(5) Mus.D. (doctor of music), customarily awarded to a distinguished performer or composer.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.105 Operational policy regarding posthumous degrees.

(A) Policy statement. This policy provides the process for the recognition and award of a degree to an eligible student who was enrolled at the university at or prior to his or her death.

(B) Eligibility. An "eligible student" for the purpose of this policy is one who was enrolled in the university at or continuously for at least two semesters prior to his or her death; who maintained good academic standing at the time of death; and, who completed no less than seventy-five per cent of the degree requirements at the time of death.

(C) Procedure

(1) Posthumous certificate of recognition. For those students who are not eligible students as provided by paragraph (B) of this rule, parents may apply for a posthumous certificate of recognition upon application to the office of the provost.

(2) Posthumous awarding of degree.

(a) A family member (e.g., parent, spouse, domestic partner, child) or legal representative of an eligible student must contact the office of the provost to initiate the process and receive information on the application process. Such requests must be made in writing.

(b) Once the office of the provost receives all requested information regarding the application, the office of the provost will forward the request on to the faculty senate committee on citation and recognition as provided for in rule 3341-3-01.104 of the Administrative Code. This committee will work with the office of the registrar to ensure degree audits and requirement validation.

(c) The committee will make a recommendation through the president of the university to the board of trustees.

(d) The board will consider only those nominations that have been recommended by the faculty senate committee on citation and recognition, and brought forward by the president of the university with his or her recommendation.

(e) Upon approval of the board, the student will be awarded the posthumous degree.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.11 Administrative policy regarding disqualification of studnets from programs for other than academic reasons.

(A) Purpose. In certain programs of study, students may not be effective in their chosen area because of factors other than academic qualifications, such as personality. Such programs are often designed to train students to perform guidance roles upon completion of their educational requirements. In such cases, a student's personality may be detrimental to his or her effective functioning in his or her chosen area. The university reserves the right to dismiss a student in those programs concerned before completion of his or her graduation requirements for professional and/or educational reasons.

(B) Definitions. The definitions employed in the implementation of the provisions of this rule are included in the university federal contractor compliance plan. As used in this rule, "Person with a disability," "qualified individual with a disability," and "reasonable accommodation" as applied are defined or applied in Title II of the Americans with Disabilities Act of 1990, 28 CFR 35.

(C) Requirements. The university shall make reasonable accommodations in its academic requirements to ensure that such requirements do not discriminate on the basis of disability against a qualified individual with a disability, whether applicant or student. However, requirements that the university can demonstrate are essential to the program of instruction of the student, or any directly related licensing requirement, or to the physical safety of students, faculty, or staff, will not be regarded as discriminatory.

(D) Other rules may not be imposed upon students with disabilities, such as a prohibition of tape recorders or guide dogs, which have the effect of limiting the participation of students in the educational program or activity. Further, in examination or evaluations the university shall provide where possible such methods for evaluating the achievement of students with disabilities as will best insure that the results of the evaluation represent the student's achievement rather than reflecting the student's impaired sensory, manual, or speaking skills.

(E) Department notices to students in affected programs. All programs in which nonacademic qualifications are deemed relevant to a program of study must obtain the approval of the educational policies council. The department shall furnish a general description, in writing, of such qualification to the student prior to the time the student is admitted into the program. No student shall be dismissed from such a program unless he or she has been furnished the requisite description prior to admission into the program.

(F) Grievance procedures and appeals. The student may appeal decisions made according to this policy. Procedures to be followed are stated in departmental or school policy books.

Last updated August 29, 2025 at 7:46 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.12 Administrative policy regarding leaves of absence for graduate students.

(A) Policy statement. A leave of absence may be granted for degree seeking graduate students actively enrolled in courses for one or more semesters for personal, family, financial or other compelling reasons.

(B) Eligibility. To be eligible for a leave of absence, a student must be seeking a graduate degree, have completed at least one full term of enrollment prior to the date a leave is to begin, be in good academic standing and be making reasonable progress toward the degree.

Leaves will not be granted to students who:

(1) Have completed less than one full term of enrollment;

(2) Are not in good academic standing at the time the request is made; and

(3) Have received a previous extension of the degree time limit under this or any other policy.

(C) Implementation.

(1) Pre-request considerations. Prior to requesting a leave of absence, students should consider its potential implications for related matters including but not limited to: funding (assistantships and veterans benefits), loan repayment, immigration status, health insurance, university housing and future course scheduling and graduation issues.

Because of its direct relationship to student eligibility under certain visa regulations, students attending the university under the student and exchange visitor program (SEVIS) program should notify the office of global education before requesting a leave of absence under this policy.

(2) Time limit. Leaves of absence are granted for a maximum of three consecutive semesters (e.g., fall, spring, summer). Students may request an extension for maximum one additional semester. Although a leave may be taken for as many as twelve months, students are encouraged to return to graduate study as soon as is reasonably possible to minimize the impact of the leave on degree progress. The time taken on an approved leave of absence is not included in the time limitations for degree completion and advancement to candidacy for the doctoral degree. Refer to the college of podiatric medicine section in the university catalog for leave of absence time limits and procedures for requesting a leave of absence for the doctor of podiatric medicine degree.

(D) Procedures.

(1) Formal request. The request for leave of absence form must be submitted prior to the start of the term for which the leave is requested when the necessity for leave is foreseeable. If the leave is not foreseeable, the request should be submitted as soon as possible, but no later than the last day of classes in the term during which the leave is taken. A retroactive leave of absence will not be granted.

At the time of request, the student and the student's advisor should develop a plan to facilitate the student's re-admission to the program, including any conditions that must be met by the student prior to re-admission. A copy of the plan should be retained by both parties.

(2) Course withdrawal. Students who are registered for courses must drop or withdraw from all courses prior to taking leave. Course withdrawal does not negate a student's financial obligation, and students will be held responsible for all balances due to the university consistent with all applicable university policies. Any applicable refunds will be processed per rule 3342-7-06 of the Administrative Code.

(a) Course withdrawal is not permitted after the tenth week of the fall and spring semesters (or the prorated deadline for flexibly scheduled sections and summer terms).

(b) Students applying for a leave of absence after the course withdrawal deadline should address grading and course completion issues with their individual instructors. The university is not responsible for resolving grading and course completion issues on behalf of the student.

(3) Status during leave. Students on a leave of absence are not enrolled in any courses and therefore are not eligible for those rights and privileges afforded to enrolled students.

Students on leave of absence under this policy will not be permitted to fulfill any official department or university requirements such as taking qualifying exams or submission of a dissertation/thesis.

(4) If a student does not return to the graduate program within the approved period for which the leave of absence was granted, he or she will be considered as having permanently withdrawn from the university.

(5) Return from leave.

(a) A student who has taken leave provided for in the policy must complete the "application for graduate re-enrollment form" and return such form to the department responsible for the student's main program of study that the student will enroll in courses in the following semester. Failure to provide such notice may result in the student being unable to enroll in coursework.

(b) To be reconsidered for graduate study, students who have permanently withdrawn must formally apply to their program of interest, including the submission of an application, the non-refundable application fee and any necessary application materials.

(6) Students are advised to check with the bursar's office prior to taking an approved leave of absence in order to determine the status of their student accounts. Accounts that are overdue will be subject to regular procedures in accordance with university guidelines, notwithstanding any approved leave of absence.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-06

(A) Policy statement. A student who officially withdraws, as outlined in the university catalog, from all classes or drops one or more courses not later than the first day of classes for the semester may receive a full refund of tuition and course related fees paid or a tuition credit adjustment of tuition and course related fees billed. Students attending the college of podiatric medicine must follow the withdrawal process as described in the official university catalog. The portion of refundable tuition and course related fees and/or tuition credit is determined by the date and time of the official withdrawal.

(B) Requirements. The tuition credit schedule applies to university withdrawals or course withdrawals. The tuition credit percentages apply to the tuition and course related fees assessed for the courses from which a student withdraws. The following are the withdrawal and drop dates with their respective percentages of assessment refundable:

(1) Prior to the first day of classes, one hundred per cent;

(2) Entire first week of classes, one hundred per cent;

(3) Second week of classes, eighty per cent;

(4) Third week of classes, sixty-five per cent;

(5) Fourth week of classes, sixty per cent;

(6) After the end of the fourth week of classes, no refunds will be made.

(C) A comparable prorated tuition credit schedule is calculated individually for summer sessions and other irregular terms.

History

  • Effective: January 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.13 Administrative policy regarding graduate student enrollment.

(A) Policy statement. This policy provides for the minimum standards of enrollment and re-enrollment for graduate students at Kent state university.

(B) Implementation.

(1) Graduate students shall enroll for at least one term each calendar year to maintain status as a degree-seeking student.

(2) Graduate students not meeting the minimum enrollment requirement for maintaining status as a degree-seeking graduate student will be considered as having voluntarily withdrawn from the university.

(3) Graduate students who withdrew and want to have their graduate standing re-instated must follow the same admission procedures as those required by new applicants to the program.

(4) Prior enrollment in a graduate studies program does not equate to any guarantee of acceptance of a future application under this or any other related policy. The university reserves the sole discretion for any admission decision at all times.

(5) Graduate students who apply and are admitted will be re-instated under the catalog-in-force at the time of admission.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.201 Operational procedures and regulations regarding jury duty absences for students.

(A) In the event that a student is called for jury service, the student shall be allowed the option of withdrawing with a full fee refund and no penalty.

(B) When summoned for jury duty, students shall provide appropriate documentation to the dean of their college, school or regional campus. Students shall also contact and inform their instructors at this time.

(C) Upon completion of jury duty, students shall consult with each instructor to determine if coursework may be completed. In the event that the instructor decides that it is not possible, the student will be permitted to withdraw from that course.

(D) Should there be any conflict regarding the withdrawal procedure, students shall contact the dean of their college, school or regional campus.

(E) Students holding appointments at the university shall make special arrangements with their deans.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-02 University policy on instructors in courses carrying academic credit.

(A) The instructor of record for all coursework carrying academic credit at Kent state university will have a Kent state university appointment. The instructor of record has primary responsibility for course instruction, including the assignment of appropriate grades. In addition, all individuals providing ongoing instruction or a significant portion of instruction (twenty-five per cent or more) in a course will have a university appointment as an instructor or graduate teaching assistant.

All instructors on Kent state university appointment will be approved by the academic unit. This includes full-time instructors whose primary appointment is on the Kent campus as well as adjunct part-time instructors, who may teach at one or multiple campuses. With respect to full-time instructors whose appointment will be in the regional campus system, the relevant academic unit will assess basic qualifications in the academic discipline, but the regional campus to which the full-time instructor will be primarily assigned has final say in the appointment. Specific teaching assignments on the Kent campus will be made by the academic unit. Specific teaching assignments on regional campuses will be made by the regional campus offering the course.

(B) Instructor credentials. Qualified instructors are identified primarily by academic credentials, but other factors, including but not limited to equivalent, tested experience, are considered in determining whether an instructor is qualified. A current curriculum vita, along with academic transcripts or other documents verifying credentials, must be submitted prior to the hire for all instructor positions. Any exceptions to the minimum requirements provided for herein must be approved by the provost.

(1) Academic credentials. Individuals who assume responsibility for teaching courses at the university should meet the minimum degree requirements in their field of instruction as specified in this paragraph. Terminal degrees shall be verified during the hiring process as part of the background check and prior to beginning instructional duties. The minimum degree requirements for individuals with instructional responsibilities are as follows:

(a) Instructors that are solely responsible for teaching graduate and post-baccalaureate course work: earned doctorate/terminal degree or foreign degree equivalent in the teaching discipline or a related discipline.

(b) Instructors and graduate teaching assistants that are solely responsible for teaching upper-level undergraduate course work (30 to 40,000 level):

(i) Earned doctorate or terminal degree or foreign degree equivalent in the teaching discipline or a related discipline,

(ii) Master's degree or foreign degree equivalent in the teaching discipline or a related discipline, or

(iii) At least thirty graduate credit hours in the teaching discipline.

(c) Instructors and graduate teaching assistants that are solely responsible for teaching lower-level undergraduate course work (10 to 20,000 level):

(i) Earned doctorate or terminal degree or foreign degree equivalent in the teaching discipline or a related discipline,

(ii) Master's degree or foreign degree equivalent in the teaching discipline or a related discipline, or

(iii) At least eighteen graduate credit hours in the teaching discipline. Graduate teaching assistants in this category must also have direct supervision by a full-time faculty member experienced in the teaching discipline, and must be given both in-service training and planned and periodic evaluations.

(d) Graduate teaching assistants with less than eighteen graduate credit hours in the teaching discipline shall be able to:

(i) Teach lab sections or discussion/quiz sections connected to a parent class for which there is a full-time faculty member experienced in the teaching field serving as instructor of record and who will provide direct supervision, in-service training, and planned and periodic evaluations of the graduate teaching assistant, and

(ii) Serve as sole instructor in undergraduate courses at the 10,000 level that do not count toward the major in the teaching discipline provided that they are directly supervised by a full-time faculty member experienced in the teaching discipline, and are given both in-service training and planned and periodic evaluations.

(2) Tested experience. For individuals who do not meet the minimum degree requirements, academic units must provide a written explanation of the person's qualifications in the area of instruction and explicit evidence of those qualifications including, but not limited to:

(a) Academic degrees in related areas as documented on an official academic transcript;

(b) Documentation of relevant scholarly accomplishments, relevant creative accomplishments, and/or relevant professional experience or credentials; or

(c) Appropriate coursework as documented on an official academic transcript.

(3) Academic units are responsible for verifying and maintaining documentation of instructional qualifications for all faculty and staff and for forwarding copies of this documentation to the office of accreditation, assessment, and learning.

(a) The unit administrator and faculty advisory body of the academic unit will be solely responsible for defining the terminal degree(s) for the discipline.

(b) The unit administrator and faculty advisory body of the academic unit will be solely responsible for determining whether or not a discipline other than the teaching discipline is sufficiently related to meet the minimal degree requirement specified in paragraph (B)(1) of this rule.

(c) The unit administrator and faculty advisory body of the academic unit will be solely responsible for determining whether or not a given individual who lacks the minimal degree requirement meets the tested experience requirement specified in paragraph (B)(2) of this rule.

(C) Kent state university appointments. Instructional appointments will specify the rank and/or title of the individual appointment for the purposes of instruction and will note whether the appointment is full-time or part-time, term or continuing, and if applicable, whether the salary is from Kent state university operational funds or from another source. Examples of such appointments include full-time tenure-track faculty, full-time non-tenure-track faculty, adjunct part-time faculty, and graduate teaching appointees.

(D) Employment relationship. Except in instances where Kent state university has established a formal relationship with an accredited educational institution, a hospital or other health care organization, a governmental agency, or where the university employs artists, actors or musicians who are customarily represented by agents or artistic organizations, the employment relationship between the university and individuals involved in credit instruction will be direct.

(1) Independent contractors. Only under rare and extraordinary circumstances, and only after the prior approval of the educational policies council and the provost, will Kent state university enter into agreements that provide for third-party delivery of credit instruction in accordance with the rule 3342-5-04.1 of the Administrative Code. In these instances, the provisions in paragraphs (A), (B), and (C) of this rule with regard to the processing of appointments will be followed.

(2) Agreements that provide for the third-party delivery of credit instruction shall be reviewed by the appropriate academic unit prior to renewal or extension beyond the original term.

History

  • Effective: August 27, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-04.1

(A) Purpose statement. This policy designates the process by which university officials are authorized to negotiate and enter into contracts on behalf of Kent state university in accordance with the authority established in rule 3342-5-04 of the Administrative Code.

(B) Scope. This policy applies to all employees at Kent state university ("university employees"), whether temporary, term, or continuing, part-time or full-time positions. This policy applies to original contracts and agreements, as well as all amendments, alterations, modifications, corrections, changes and extensions.

(C) Definitions.

(1) Contract. For the purpose of this policy, "contract" means all written agreements intending to have legal effect between two or more parties where Kent state university, or any department within the university, constitutes one of the contracting parties.

(a) The term "contracts" includes, but is not limited to, memorandums of understanding, agreements, service contracts, settlement of disputes, rental/lease agreements, affiliation agreements, liability waivers, assignments of rights and/or licensing agreements.

(b) The term "contracts" does not include internal agreements between department/units of Kent state university.

(c) Exclusions. This policy does not apply to the following: faculty and adjunct instructor employment agreements executed by the senior vice president for academic affairs and provost, employment contracts executed by the division of human resources, student employment contracts executed by the executive director of the office of career exploration and development, contracts executed by student organizations, or private and personal matters of employees. This policy does not apply to, nor does it seek to replace, the board of trustees as the contracting authority for certain agreements as required by Chapters 3341. and 3345. of the Revised Code or rules 3342-2-01 and 3342-5-04 of the Administrative Code.

(2) Contracting authority. For the purpose of this policy, "contracting authority" means university personnel who hold a delegation of signatory authority in accordance with this rule and rule 3342-5-04 of the Administrative Code.

(3) Vice president. For the purposes of this policy, "vice president" shall mean the officer responsible for an administrative or academic division of the university as appointed by the president and approved by the Kent state university board of trustees.

(D) Implementation.

(1) Authority to contract. In accordance with rule 3342-5-04 of the Administrative Code, the Kent state university board of trustees, the president of the university, or vice presidents hold the authority to contract on behalf of Kent state university. This rule provides for the formal delegation of such authority to other university employees as may be necessary for the proper maintenance and successful and continuous operation of the university.

(2) Delegation required. With exception to the authority referenced in paragraph (D)(1) of this rule, university employees shall not enter into a contract for the purchase of goods or services or otherwise obligate Kent state university to perform any obligation, including but not limited to an obligation to pay any sum of consideration, unless the university employee holds a delegation under this rule.

(3) Delegation in writing. A university employee may contract on behalf of the university if provided a written delegation by the Kent state university board of trustees, the president of the university, or a vice president.

(a) A written delegation must contain all of the following elements:

(i) The employee's administrative job title ("position");

(ii) Effective date and term of the delegation;

(iii) Scope of employee's contracting authority;

(iv) Restrictions, limitations of employee's contracting authority;

(v) Signature of the board, president, or vice president, as may be applicable; and

(vi) Signature of the university employee accepting and acknowledging the terms of the delegation.

(b) Limitation. Except as otherwise provided for in this policy, written delegations may not be made more than two administrative levels below that of the vice president or dean, or more than two administrative levels below that of the regional dean, without written approval by the president of the university. For example, if a college has a dean, an associate dean, and an assistant dean, the delegation may not be made below that of the assistant dean without written approval by the president of the university. In the event that a delegation is made lower than two administrative levels, the signature of the president is required.

(i) Exceptions to paragraph (D)(3)(b) of this rule:

(a) Delegation in university policy. A university employee may contract on behalf of the university if the university employee's specific position is delegated the authority to contract under another rule within agency 3342 of the Administrative Code. Such delegation is limited to the conditions and scope provided for in the applicable policy in which the delegation is provided and must be in writing.

(b) Delegation as an "institutional official." A university employee may contract on behalf of the university as an "institutional official." For the purposes of this rule, an "institutional official" means an individual holding a position that is required by state or federal law to serve as the university's designated official for reporting or contracting purposes. Such delegation shall be in writing.

(4) Delegation by position. A university employee holding one of the following positions may contract on behalf of the university to the extent that such authority is limited to the scope of the operations relative to the applicable academic structure:

(a) Regional deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective campus, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(b) College deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective college, including agreements necessary to secure non-clinical student placements, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(c) Associate deans and school directors shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective school, and for a total value not to exceed twenty thousand dollars and not to exceed a contract term of two years.

(d) Associate provosts shall be authorized to review and execute contracts necessary for the continuing and successful operation of the division of academic affairs, including affiliation agreements with health care providers for the clinical placement of students, as directed by the provost, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years; or

(5) Retention. Original executed delegations must be filed with the senior vice president for finance and administration, or designee, prior to the effective date of such delegation.

(6) Revocation. Delegations may be revoked at any time by the assigning board, president, or vice president.

(7) Conflict of interest. In accordance with the ethics laws of the state of Ohio and as further provided for in rule 3342-6-23 of the Administrative Code, any university employee provided with a delegation of authority may not enter into any contract that involves the university employee, the employee's family, business associates, or any organization with which the employee is associated. In that event the university employee should immediately notify the delegating authority that a conflict of interest exists and withdraw from any participation in the transaction.

(a) Review required. Any university employee provided with a delegation of authority under this policy must also submit a conflict of interest disclosure form pursuant to rule 3342-6-23 of the Administrative Code to the Kent state university board of trustees, president of the university, or vice president at the time of request which shall be kept on file with the original delegation. The form is available from the division of finance and administration. It is the responsibility of the university employee submitting the conflict of interest disclosure form to amend the statements in the form and notify the university employee's supervisor if there is any material change in the information initially submitted.

(E) Contracting process.

(1) Responsibilities of initiating party. The university employee initiating the contract on behalf of the university is responsible for reading the contract entirely, negotiating its substantive terms, and determining the following:

(a) The contract language accurately reflects the current state of negotiations and is sufficiently clear and consistent;

(b) The contract meets programmatic and university strategic mission requirements;

(c) The contract is in the best interests of the university and the contract term is reasonable in duration;

(d) The obligations placed on the university in the contract are in compliance with current university procedures and policies; and

(e) The contract includes the appropriate substantive content to describe the obligations of both parties with reasonable specificity.

(2) If the contract falls under the purview of rule 3342-6-04.3 of the Administrative Code, the initiating university employee must follow the review process required therein prior to initiating any further review of the contract required by this rule.

(3) If the value of the contract exceeds the thresholds established by rule 3342-7-12 or falls under the purview of rule 3342-7-12.1 of the Administrative Code, the initiating university employee must follow the approval processes required therein prior to initiating any further review of the contract required by this rule.

(4) The initiating party is further responsible for the negotiation of all substantive items in the contract, and is solely responsible for the resulting terms and conditions contained therein. Once the substantive terms have been agreed to by the initiating university employee, the initiating university employee must then submit the contract for the mandatory reviews required as provided in this rule.

(5) Mandatory review by the office of the provost. The office of the provost must review any contract between the university (or any unit within the university) that outsources a part of or all of its education programs (i.e. degrees or certificates offered for academic credit) to a third-party entity. Review conducted under this paragraph must be concluded prior to review under paragraphs (E)(6), (E)(7), and (E)(8) of this rule.

(6) Mandatory review by the division of information technology. In accordance with rule 3342-9-03.1 of the Administrative Code, vendors who will receive, transfer, store, or otherwise have access to university data must be subject to review by the office of security and access management with regard to the university's data security policies and standards prior to submission to the office of general counsel.

(a) In accordance with rule 3342-4-16 of the Administrative Code, the division of information technology will also work with internal units to review the substantive requirements of the contract with regard to the university's electronic and information technology accessibility standards.

(7) Mandatory review by general counsel. All contracts prior to execution must be submitted to the office of the general counsel for review as to legal form and sufficiency. General counsel will return the contract to the initiating employee for further revision if necessary. Failure to provide the contract for counsel review could affect several statutory protections reserved for public officials employed by the university including, but not limited to, immunity and indemnification.

(8) Mandatory review by the division of finance and administration. After review by general counsel, the initiating university employee must provide such contract for review by the senior vice president for finance and administration, or his/her designee, if the contract obligates the university to pay funds of one hundred thousand dollars or more for the term of the contract pursuant to rule 3342-7-12 of the Administrative Code. Upon review, the division of finance and administration will return the contract to the initiating university employee for further revision if necessary.

(9) Contract execution. After all appropriate approvals have been received and documented and both parties are in mutual agreement to the terms, both parties must sign the contract before any action called for in the contract can occur. Once executed by the contracting authority, the contract must be fully executed (signed by both parties) with one copy to be provided to the contracting authority (if different from the initiating employee).

(10) Contract retention. The contracting authority is responsible for the retention of the contract, which may be kept in a readable and compliant electronic format. The contract must be kept on file for at least the term of the contract plus five years or as required by the university's record retention schedule, whichever is longer. The record retention schedule can be found on the office of general counsel's website at www.kent.edu/generalcounsel.

(11) Filing the final, fully executed contract. Once a contract is fully executed, it must be filed in a central contract management system managed by the division of finance and administration.

(F) Prohibitions. Failure to follow this policy or to ensure that the appropriate contracting authority is obtained during the execution of a contract and/or agreement may result in the temporary or permanent revocation of the contracting authority of the initiating party as provided for in under this rule. No contract signed by a person without contracting authority as delegated by the board or this policy shall be binding on the university. Under no circumstances may a delegation under this rule be provided to a temporary employee, part-time employee, student employee, independent contractor, or volunteer.

Last updated June 17, 2024 at 8:49 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-03.1 Administrative policy regarding experimental and integrative studies.

(A) Statement of purpose. Experimental and integrative studies are administered by the dean and staff of the honors college. Objectives include the following:

(1) To provide a means by which faculty and other qualified members of the university community may develop, offer, and test innovative courses which meet a legitimate intellectual need of students, but which are not regular curricular offerings of the existing academic units.

(2) To provide for the offering of courses on a temporary and topical basis which deal with matters of current social or cultural concern in a manner that gives credence to a variety of perspectives.

(3) To provide occasionally for the offering of courses which support university programs such as the university's freshman orientation.

(4) To encourage interdisciplinary and integrative teaching and learning of a kind not frequently found in the traditional academic units.

(5) To encourage generally a spirit of curricular experimentation, integration, and innovation in course content and pedagogy throughout the university community.

(B) Administration. The dean of the honors college shall approve and administer experimental and integrative studies in accordance with the curricular policies and budgetary resources of the college.

(1) Teachers. All those teaching experimental or integrative courses must have appropriate academic credentials and expertise. Those who are not contractually affiliated with the university must be given part-time temporary faculty status through the normal appointment procedure. Specifically, teachers of experimental and integrative studies courses may be:

(a) Part-time or full-time faculty members currently teaching at the university.

(b) Members of the university staff or administration who by virtue of their position have a special expertise in the pertinent subject area.

(c) Person who have no ongoing contractual status with the university but who possess qualifications to teach a university-level course in the pertinent subject area.

(d) In rare cases, at the discretion of the honors college dean and the EXPR-curriculum committee, a person without appropriate academic credentials, but with strong expertise in a pertinent subject area, may be permitted to co-teach a course on the subject matter at issue in conjunction with a member of the faculty, staff, or administration at the university, provided the latter has the appropriate academic qualifications. The pattern for sharing responsibilities must be included in the course proposal.

(2) Course approval. A completed course proposal form (available from the honors college) must be submitted for approval to the dean of the honors college prior to the course-scheduling process. The proposal requires a syllabus, information similar to that requested on a basic data sheet, and instructor credentials.

(3) Grading. Experimental and integrative studies courses are normally letter graded; however, individual students may elect pass/fail under the guidelines for that option. Because of the nature of the content, some courses such as freshman orientation may be designated as pass/fail only.

(4) Limitations on course offerings. The subject matter for experimental and integrative learning courses shall not duplicate a regular course offering in the university. Typically courses will be offered a maximum of three times and then be evaluated for one of the following:

(a) Retention as an EXPR course essential to the continuation of a university program or to serve recognized intellectual needs, but for which no clear disciplinary home is evident;

(b) Referral to an appropriate academic unit for possible inclusion in its curriculum;

(c) Termination as a course offering.

(5) Experimental and integrative studies curriculum committee. The dean of the honors college shall appoint an experimental and integrative studies curriculum committee, made up of administrative representatives from the undergraduate degree granting colleges and independent schools, to review and make recommendations regarding existing courses as indicated in paragraph (B)(4) of this rule, and regarding proposals submitted as indicated in paragraph (B)(2) of this rule. In certain cases, the dean may request the experimental and integrative studies curriculum committee to solicit the advice of related academic disciplines about the viability of proposals.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-04 University policy regarding textbook selection.

(A) Policy statement. In order to provide more affordable options for students, and pursuant to section 3345.025 of the Revised Code, faculty shall consider best practices in affordability in choosing course materials. These best practices include, but are not limited to, standardizing materials over multiple sections of the same course, the use of e-texts, the adoption of an inclusive access model, and the use of open educational resources. Pursuant to Section 133 (20 U.S.C. 1015b) of the 2008 Higher Education Opportunity Act faculty must, to the maximum extent practicable provide timely adoption of course materials. Faculty have academic freedom to choose textbooks and supplemental materials for their courses.

(B) Scope. This policy applies to all faculty (i.e. part-time, non-tenure track, tenure-track, etc.) and for all courses (i.e. non-credit, credit, etc.) offered by the university. The term "textbooks" and "supplemental materials" shall include paper, electronic, and other similar coursework materials, including those published or distributed electronically through the learning management system.

(C) Implementation.

(1) In accordance with the Ohio governor's taskforce on affordability and efficiency, the provost and vice president of student affairs (or designees) have been designated as the only responsible parties for communicating to faculty the appropriate textbook and course material adoption dates for each academic term, and negotiating textbook and course material prices with the university-designated textbook provider and/or publishers.

(2) Dissemination of information about textbooks and supplemental materials. The provost and vice president of student affairs shall provide for the timely, accurate, and complete dissemination of information about required textbooks and supplemental materials for courses so as to ensure that sufficient quantities of textbooks and supplemental materials are available to meet the needs of students and to assist students in being responsible consumers.

(a) Faculty shall place orders for purchased textbooks and supplemental materials with the university-designated textbook provider by dates determined and posted by the university. In the alternative, faculty shall also communicate to the university-designated textbook provider if no purchased textbooks or supplemental materials are required for a course. The provost shall communicate to the deans, department chairs, program directors, and regional campus coordinators the date by which their textbook information is to be provided to the textbook provider.

(b) Faculty shall provide the following information to the designated-textbook provider:

(i) the international standard book number (ISBN) of required and recommended textbooks and supplemental materials for each course; and

(ii) the expected number of students enrolled in each course, and the maximum student enrollment for the course.

(c) The required textbooks, supplemental materials, and retail price information shall be made accessible via the course registration system by the university, and the university-designated textbook provider website, to all students by the first day that they can register for courses.

(d) If the university-designated textbook provider determines that the disclosure of the information required by this policy is not practicable for a college textbook or supplemental material, then a designation 'to be determined' in lieu of the information required will be placed in the course registration system, and the university-designated textbook provider website.

(e) If all orders required under this section are not received by the published dates, then when possible, such orders will roll over from the previous semester if the faculty and course are the same.

(3) Desk copies. Unless the academic department has made other arrangements, it is the responsibility of each individual faculty to secure a desk copy of textbooks and supplemental materials.

Last updated June 1, 2022 at 8:29 AM

History

  • Effective: June 1, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-05 University policy regarding hosting academic visitors.

(A) Purpose.

(1) The university recognizes the valuable research and educational contributions that academic visitors may make through collaborative research and other scholarly endeavors. The university encourages those individuals from other universities, institutions, and businesses who wish to visit the university for extended periods of time for reasons including, but not limited to, conducting research in a university facility, providing instruction that is supervised by appropriate university personnel in a university facility, collaborating with university faculty or staff on specific projects, and observing university instruction, administration, or faculty research. The designation "academic visitor" is a privilege accorded to such visitors. The university requires that academic visitors be approved, undergo the appropriate background check(s), and abide by relevant university agreements, policies, and/or procedures.

(2) Nothing in this policy is intended, nor shall be construed or interpreted, to create an employment or agency relationship between any academic visitor and the university.

(B) Definitions.

(1) The university academic visitor. Individuals from other universities, institutions, and businesses who:

(a) Are not Kent state university employees or students; and

(b) Intend to be present on campus for fourteen or more consecutive days in order to:

(i) Provide academic instruction that is supervised by the appropriate university academic unit;

(ii) Conduct collaborative research and creative activities with university personnel;

(iii) Observe university instruction, administration, and/or research; or

(iv) Participate in coordinated university programming.

The definition "academic visitor" includes but is not limited to visitors with the designation of "visiting scholar," "visiting researcher" and "visiting scientist."

(2) Host. A university employee responsible for facilitating a visit from an academic visitor. University undergraduate students, graduate students, graduate assistants, and postdoctoral scholars/fellows/researchers are not eligible to serve as an individual host for purposes of this policy.

(3) Hosting unit. The academic administrative structure or administrative division or office where the host has their primary appointment.

(C) Implementation.

(1) Eligibility. Academic visitors must meet the following criteria:

(a) Have identified a university host who has agreed to serve as host for the duration of the visit; and

(b) If intending to arrive on a J-1 visa sponsored by the university, additional criteria must be met as established by the office of global education.

(2) Application and approval process. All academic visitors, must have the following:

(a) Letter of invitation from the host reviewed and approved by:

(i) The host unit leadership (department chair, or school, center or institute director, or unit appropriate administrator) in accordance with the host unit's applicable governance procedures, in consultation with the faculty advisory committee or faculty council, when applicable;

(ii) The dean or vice president of the host unit as applicable; and

(iii) The office of the provost;

(b) The letter of invitation shall set forth the privileges provided to the academic visitor described in paragraph (C)(7)(c) of this policy herein;

(c) Completion of a successful background check and/or restricted party screening as required by university policy and as required under federal law and regulation; and,

(d) If the academic visitor is an international individual that requests or requires university sponsorship during their period of stay, the host unit must contact the office of global education as soon as possible.

(3) Duration.

(a) The initial duration of the academic visitor visit shall be set forth in the letter of invitation. Any extension must be approved in accordance with paragraph (C)(2)(a) of this policy herein.

(b) Academic visitors on a university-sponsored visa are subject to the durational limits of stay and must be reviewed and approved by the office of global education prior to the approval of any extension.

(4) Host unit responsibilities.

The host unit is responsible for facilitating the visit and ensuring compliance with university policies and procedures. If the academic visitor is sponsored by the university for the J-1 visa, the host unit is responsible for performing the duties required by the host in accordance with the department of state requirements for the exchange visitor program in accordance with federal laws and regulations, and ensuring that the J-1 visitor is provided:

(a) Access to university facilities and resources such as libraries and laboratories;

(b) Office space as available;

(c) University email address, username and electronic credentials; and/or,

(d) University identification card.

(5) Host responsibilities:

(a) Inform the office of global education that the visitor has arrived at KSU and facilitate the immigration check-in process.

(b) Inform the office of global education if there is a substantive change in the visitor's program or duration.

(c) Inform the office of global education if the visitor completes the program early.

(d) Inform the office of global education when the visitor completes the program and has left KSU.

(6) Office of global education responsibilities. The office of global education is responsible for reviewing all requests for J-1 immigration documents. Under the approval of the department of state, only certain individuals are authorized to issue J-1 immigration documents and are responsible for enforcing compliance with federal rules and regulations.

(7) Responsibilities and privileges of academic visitors. Regardless of the duration or purpose of the visit, an academic visitor is subject to and required to observe all policies, rules, regulations, and requirements of the university, and all applicable state and federal laws and regulations, including, but not limited to, conduct, confidentiality, conflicts of interest, ethical behavior, responsible conduct of research, equal opportunity, compliance, safety, and health.

(a) Status. Academic visitor status may be revoked at any time (even during the term of the designated status) by the university in its sole discretion, without the necessity of a reason.

(b) Employment status. Academic visitors are not and shall not be construed to be university employees. Accordingly, academic visitors are not entitled to any financial support or reimbursement.

(c) Privileges. The host unit may provide academic visitors with one or more of the following access privileges but only to the extent that any such privilege is directly related to and reasonably necessary for the purpose of the academic visitor's visit:

(i) Access to university facilities and resources such as libraries and laboratories;

(ii) Office space as available;

(iii) University email address, username and electronic credentials; and/or,

(iv) University identification card.

Such privileges shall be described in the letter of invitation and may only be issued in accordance with applicable university policies and procedures, the host unit's governance procedures, and in accordance with the department of state exchange visitor program if applicable. Host unit shall issue procedures for removal of privileges upon departure of the academic visitor.

Last updated January 3, 2023 at 9:55 AM

History

  • Effective: January 1, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-09.1 Administrative policy regarding transcript maintenance.

(A) Purpose. The integrity of academic transcripts is fundamental to the validity of coursewrok and degrees certified by the university.

(B) Operational procedures.

(1) All student transcript entries (grades and other notations) are finalized when the pertinent degree is officially posted ot the permanent academic record.

(2) Subsequent revision and alteration of any transcript entry, after the relevant degree is awarded, is permitted only for the correction of a proven error as certified by the appropriate academic dean and the registrar.

(3) Degrees are officially posted to the permanent academic record following the effective date of graduation. Degree-posting deadlines will be publicly posted on the Kent state university registrar website at www.kent.edu/fbe-center.

Last updated September 19, 2024 at 8:55 AM

History

  • Effective: September 19, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-10 University policy regarding use of copyright-protected works.

(A) Policy statement. It is the policy of the university to respect, and comply with, the copyright laws of the United States (Title 17 of the United States Code, or the "Copyright Act"). Accordingly, members of the university community desiring to use copyrighted materials are responsible for complying with the Copyright Act in good faith.

(B) Implementation. Office of general counsel in cooperation with university libraries' copyright services.

(C) Scope. This policy shall apply to all university faculty, staff, and students seeking to use copyright-protected works.

(D) Use of a copyright-protected work.

(1) Unless a work is in the public domain or available for use under a creative commons or other public copyright license, it should be generally assumed that the work is copyright-protected. If there is no applicable license, exemption, or exclusion to permit use of a copyright-protected work, permission must be obtained from the copyright holder or a representative of the copyright holder. Faculty, students, and staff members are individually responsible for assessing whether a copyright-protected work is available for use, and if required, ensuring that the appropriate permission is obtained from the copyright holder or a representative of the copyright holder prior to use of the work.

(2) Limitations to exclusive copyright. Permission to use a copyright-protected work is not required in accordance with certain limitations to exclusive rights to copyright set forth in the Copyright Act. Such limitations include, but are not limited to, the exemptions set forth in this section below. Faculty, staff and students should refer to http://www.library.kent.edu/copyright for detailed information, guidance, and resources on copyright exemptions prior to relying on any exemption for use of a copyright-protected work.

(a) Public domain. A public domain work is a work that is not protected by copyright and which may be freely used. Works in the public domain include works published in the U.S. before January 1, 1923, most works owned by the federal government, or, prior to 1989, works for which an author has failed to satisfy a statutory formality required in the Copyright Act.

(b) Classroom exemptions. Section 110 of the Copyright Act allows for performance and display of a lawfully made copy of a copyright-protected work by instructors or students in the course of teaching activities (not entertainment) in a classroom (physical or virtual, or similar place devoted to educational instruction) as part of a curriculum.

(c) Fair use. If no other exemption is available, the fair use provisions set forth in section 107 of the Copyright Act allow for a limited use of a copyright-protected work without permission from the copyright holder. Prior to relying on fair use, a fair use analysis must be completed in good faith and on a case-by-case basis by the individual utilizing the copyrighted work.

(E) Permissions and licensing.

(1) Permissions must be obtained by the faculty, student, or staff member in all instances where it is determined that use of a copyright-protected work does not fit within an exemption or that the desired use exceeds fair use.

(2) Faculty, staff, and students may contact university libraries' copyright services for assistance in obtaining permissions from the copyright holder.

History

  • Effective: January 19, 2016
  • Promulgated Under: 111.15

Chapter 3342-4 University Life

Ohio Adm.Code 3342-4-01 University policy regarding student affairs.

Policy statement. The senior vice president for student life is responsible for the administration of the division of student life and for the development, implementation, and administration of services, policies, and procedures related to student support and general well-being, growth and development, health and wellness, student accessibility and accommodations, housing, student programming, student activities, student recreation, student conduct, veterans support services, adult student services and other areas necessary to meet the needs of a diverse student population, as delegated by the president.

The senior vice president for student life may delegate to the appropriate staff the authority to assist in the execution of these responsibilities.

Last updated August 1, 2024 at 7:36 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02 University policy regarding administration of student conduct.

(A) Purpose. The university board of trustees is responsible by law for regulating the use of the grounds, buildings, equipment and facilities of the university. The board of trustees is also responsible for assuring that the conduct of the students, staff, faculty and visitors to the campus permits the university to pursue its educational objectives and programs in an orderly manner.

(B) Requirements.

(1) To meet these responsibilities, the board of trustees shall adopt standards of conduct for the students, faculty, staff, and visitors to the campus and may provide for suspension from classes or employment, expulsion from the university, and/or ejection from university property of persons who violate such regulations.

(2) The board of trustees shall provide for the administration and enforcement of its rules and may authorize the use of state university law enforcement officers and other university officials to assist in enforcing university policy and the law on the campus.

(C) Scope. In accordance with university policy, the president shall have the responsibility and authority for the discipline of all students. The authority to impose the formal sanctions specified in this rule may be delegated to university officials or hearing panels by the president. Disciplinary action under this rule may be taken against a person who has applied for admission as a student to the university, whether or not the individual is registered for classes. Disciplinary action may also be taken against student organizations. The president (or designee) review any case which comes within the purview of the university policy regarding administration of student conduct.

(D) Jurisdiction. The code of student conduct shall apply to conduct occurring on university premises, at university-sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives. Behavioral conduct is the responsibility of each student from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The code of student conduct shall apply to a student's conduct (or student organization's) conduct even if the student withdraws (or the student organization ceases functioning/loses university-recognized status) from the university while a disciplinary matter is pending. The senior vice president for student life (or designee) maintains discretion to decide, on a case by case basis, whether the code of student conduct shall be applied to conduct occurring off campus.

(E) Procedural standards. Students and student organizations shall adhere to operational procedures for the administration of student conduct under this rule or rule 3342-4-02.1 of the Administrative Code. The procedural standards shall be readily accessible to all students and student organizations.

(F) Responsibility for administration of this policy. The primary responsibility for the supervision of student conduct at the university has been delegated to the senior vice president for student life. The senior vice president for student life may establish such administrative procedures as are necessary to fulfill the intent of the code of student conduct. These administrative procedures shall be in writing and published in conjunction with the code of student conduct.

The president authroizes the senior vice president for student life to establish administrative procedures as necessary to fulfill the intent of this rule. The senior vice president for student life may delegate the responsibility to direct the student conduct process to the director of student conduct.

(G) All-university hearing board. In recognition of the student right to self-govern by and through the undergraduate student government, the all-university hearing board is established to administer non-conduct related matters involving students. Accordingly, the all-university hearing board shall not have the authority to intervene in the student conduct process administered by the university, and the purview of such board shall be limited to the scope as currently provided for in rule 3342-2-08 of the Administrative Code.

(H) Revisions. Updates and other changes to the code of student conduct shall be submitted to the senior vice president for student life. The senior vice president for student life retains the authority to immediately enact and enforce changes to the code of student conduct.

Last updated August 1, 2024 at 7:36 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.1

(A) Purpose. Paragraph (F)(1) of rule 3342-4-02 of the Administrative Code authorizes the senior vice president for student life to establish administrative procedures as necessary to fulfill the intent of this rule. The senior vice president for student life has may delegated the responsibility to manage the student conduct process to the director of student conduct.

(1) It is the responsibility of the director of student conduct to determine if referrals should be assigned to conduct hearings; provide student conduct hearings and officers with technical advice, training, and clerical support; establish procedures to ensure an ongoing evaluation of student conduct rules; collect and maintain all records of formal disciplinary action; establish means to inform all members of the university community of student conduct policies and issues; and serve as a consultant to students and staff in the administration of the student conduct process. This policy establishes procedural directions and is subject to change by action of the senior vice president for student life. The procedures are intended to assure proper implementation of the policy regarding administration of student conduct.

(2) The director of student conduct (or designee) is responsible for a review of information contained in an incident report, and reserves the right to add, adjust, or remove prohibited conduct accusations prior to issuing a notice of hearing for any case. Notice of a hearing includes an incident report and pending accusations.

(3) After reviewing the information contained in an incident report, the director of student conduct (or designee) shall assign the appropriate process for resolution, including but not limited to a sanction hearing, hearing panel, administrative conversation, administrative hearing, or referral to alternative conflict resolution.

(4) The senior vice president for student life (or designee) may uphold, alter or reverse any student conduct decision.

(B) Student rights and procedural standards.

(1) The university shall provide respondents and complainants (either of who may be a student or members of a student organization) the following rights:

(a) For the respondent to be sent a written notice of accusations including the identity of the complainant(s).

Complainants name(s) may not be forwarded if the office of equal opportunity and compliance suggests a potential detrimental risk as a result of doing so.

(b) To be notified of the scheduled hearing in writing at least two business days in advance of the hearing.

Respondents and complainants may schedule an earlier hearing date if an earlier hearing date is agreed upon by the respondent and complainant and scheduled through the office of student conduct.

(c) To have up to one "conduct advisor" and up to one "support person" accompany a respondent or complainant throughout the disciplinary process.

(d) To participate in person or, upon request, have a logistical accommodation to participate outside of the hearing room (when necessary and/or requested in advance), during the entire proceeding except as per paragraph (C) of this rule.

(e) To be given an opportunity to present evidence, including witnesses on the student's or student organization's behalf.

(f) To question the respondent/complainant, witnesses, and investigators.

(g) To be informed of the outcome of the hearing in writing.

(h) To appeal, as defined in the code of student conduct and paragraph (D) of this rule.

(2) In addition to paragraphs (B)(1) of this rule, complainants of accusations including, but not limited to, sexual harassment, harassment, and physical violence maintain the following rights:

(a) Indirect questioning may be conducted at the discretion student conduct convener or administrative hearing officer, verbally or in writing, supplying questions to the student conduct convener.

(b) To submit a "victim impact statement" in writing for consideration by the hearing panel or administrative hearing officer if the accused is found in violation of the code of student conduct.

(3) An incident with multiple respondents may be administered in one hearing, at the discretion of the director of student conduct (or designee).

(4) Multiple complaints regarding the same respondent may be administered in one hearing, at the discretion of the director of student conduct (or designee). The respondent and complainant may request separate hearings for separate incidents.

(C) Procedures for student conduct hearings.

(1) Student conduct hearings are administrative procedures and are not a legal process.

(2) Any member of the university community may provide information accusing a student or student organization (respondent) of violating the code of student conduct. Incident reports may be submitted to the director of student conduct (or designee) in writing. The director of student conduct (or designee) will determine if the allegations are within the parameters of university policy regarding the administration of student conduct (rule 3342-4-02 of the Administrative Code) and may assign appropriate prohibited conduct accusations based on the information provided.

(3) Action. Formal disciplinary action shall be instituted against a respondent only after the director of student conduct (or designee) has determined that such action, rather than medical or counseling services, or alternative conflict resolution is appropriate.

(4) Type of hearing or referral. A sanction hearing may be assigned for violations that, even with a finding of responsibility, may not lead to suspension or dismissal from the university. A hearing panel may be convened when a respondent does not accept responsibility for accusations, or when assigned by the director of student conduct (or designee). An administrative hearing may be assigned may be assigned by the director of student conduct (or designee) in cases where the accusation includes an alleged act of violence, significant personal or property damage, and/or the alleged behavior may be considered detrimental to the health or safety of the university. The office of student conduct sends written notification to the respondent(s) as per the code of student conduct and paragraph (C)(5) of this rule.

(a) Sanction hearing A sanction hearing is composed of one hearing officer and facilitated by a student conduct convener. A student conduct convener may serve as a sanction hearing officer and function in both roles.

If a respondent, any time prior to the start of deliberation, informs the hearing officer and/or student conduct convener that responsibility for one or more accusations is not accepted, the sanction hearing is nullified and a hearing panel may be scheduled. The sanction hearing process will immediately cease and the hearing panel process will follow the code of student conduct and paragraph (C)(12) of this rule.

(b) Hearing panel A hearing panel is composed of at least two and no more than three hearing officers and facilitated by a student conduct convener. The office of student conduct will attempt to include one student hearing officer on the hearing panel based on availability. The purpose of a hearing panel is to decide if a respondent is responsible for accusations, and if so, to apply sanctions. A student conduct convener may serve on a hearing panel and function in both roles.

(c) Administrative hearing. An administrative hearing panel is composed of one hearing officer appointed by the director of student conduct (or designee). The purpose of an administrative hearing is to decide if a respondent is responsible for accusations, and if so, to apply sanctions.

(d) Referral to alternative conflict resolution. A student or student organization may be referred to alternative conflict resolution in lieu of and/or in addition to a student conduct hearing.

(5) Notice. A respondent shall be sent a written (and/or electronic) letter that includes accusation(s) in addition to a copy of the corresponding incident report. A date and location for a hearing shall be set and sent in writing to the respondent(s) that will be no less than two business days and no more than thirty business days after the letter of accusation(s) and incident report has been sent. Time limits may be extended at the discretion of the director of student conduct (or designee) The letter of accusation(s) and incident report shall contain links to access information about the student conduct process, and the code of student conduct.

(6) Separate hearings. In proceedings involving more than one respondent, a separate hearing may be requested by a respondent or complainant, and granted at the discretion of the director of student conduct (or designee).

(7) Delaying a hearing. Upon request submitted in writing prior to a hearing, a delay in the hearing may be granted at the discretion of the director of student conduct (or designee). In all cases, the proceedings may not be delayed more than two times, for no more than thirty business days total.

(8) Conduct advisor. A student may have up to, but not more than, two persons serving as a conduct advisor. If an accommodation is required for a respondent or complainant, a person such as an interpreter, sign language communicator, or physical needs assistant may attend a hearing and is may not be counted as a conduct advisor.

(9) Support person. A student may have one person serving as a support person. A support person is an individual selected by either a complaintant or respondent to provie support to the student through the conduct process. A support person may not ask questions on behalf of a complainant or respondent. A support person may not serve in any other capacity in the hearing.

(10) Impartial hearing. Prior to the start of a hearing, a respondent and complainant may question a hearing officer regarding that person's ability to participate fairly in the hearing. Questions should be directed to the director of student conduct (or designee), who will decide whether or not to remove a hearing officer. If the director of student conduct (or designee) determines no changes are necessary the hearing will begin as scheduled; if changes are deemed to be necessary, a hearing may be delayed or rescheduled at the discretion of the director of student conduct (or designee).

(11) Standard of proof. A hearing officer or panel shall evaluate the points of view presented by the respondent(s), complainant(s), and police/investigators and shall determine by a preponderance of the evidence (more likely than not) if the respondent(s) engaged in behavior that is a violation of university rules. The deliberation of information presented will be conducted in a closed session(s).

(12) Closed hearings. All hearings are closed to the public. Attendees may include: respondent(s), complainant(s), police/investigator(s), hearing officer(s), student conduct staff /convener, conduct advisor(s), and support person(s). Witnesses will be allowed in the hearing room only for introductions and when the student conduct convener and/or hearing officer authorizes entry.

(a) In situations where it is known that the student conduct process is in progress addition to a pending, current, or potential legal process, Kent state university general counsel may attend the student conduct hearing.

(b) For sanction hearings, where the respondent has already accepted responsibility for the accusations, complainants may not be asked to participate in the hearing process.

(13) Failure to appear. If a complainant, respondent, or police/investigator fails to appear to a scheduled student conduct hearing, the hearing will proceed in accordance with student conduct procedures.

(14) Hearings. The office of student conduct shall create and make publicly available a guideline for hearing expectations that will include the following information:

(a) Decorum.

(b) Hearing proceedings.

(c) Questioning.

(d) Student organization hearings.

(15) Deliberation. Deliberation is the meeting where the hearing officer(s) determine if a preponderence of the evidence has been reached to achieve a finding of responsibility. If a simple majority of hearing officers determine a rule(s) was violated, the hearing officer(s) will determine sanctioning. If there are two hearing officers in a hearing, both would need to agree that a rule(s) was violated for a finding of responisbility to be achieved. Deliberations are facilitated in a closed session with the hearing officer(s) and student conduct convener present.

(16) All student conduct hearing decisions are final, pending the appeal process.

(17) Communication of decisions. A letter containing the decisions of a hearing and the procedures for appeal shall be sent to the respondent(s) (and complainant(s) where appropriate). Individuals and appropriate members of the university community who are affected by/involved in the decision may also be notified, including but not limited to: the president, senior vice president for student life, dean of students, academic dean(s), academic advisor(s), university registrar, bursar, residence services, psychological services, DeWeese health center, center for student involvement, recreational services, department of athletics, and university police services.

If the respondent(s) is not present, the decision may be sent to the respondent's official Kent state university email address. If the respondent(s) is a student organization and is not present, the decision may be sent to the official Kent state university email addresses of minimally the president and vice president of the accused student organization.

(D) Appeals.

(1) Appeal of a decision from a student conduct hearing must be submitted by the respondent(s) or complainant(s) in writing to the office of student conduct within seven calendar days from the conclusion of the hearing (or the next available business day after seven calendar days for example holidays or recesses). An appeal must be submitted using the appeal form available through the office of student conduct. The office of student conduct compiles the written appeal and documentation from the respondent(s), complainant(s), police /investigator(s), the student's disciplinary file(s), the digital recording of the hearing, and any additional information provided by the hearing officer(s) and submits these materials to an appeal panel.

(2) Appeals may be made on the basis that:

(a) Procedural irregularity that affected the outcome of the matter; and/or

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

(c) The hearing officer(s) had a conflict of interest or bias for or against any party participating in the hearing that affected the outcome of the matter; and/or

(d) For decisions resulting in separation from Kent state university only (including but not limited to suspension, dismissal, removal from university housing, and persona non grata): sanction(s) imposed were not appropriate for the conduct violation for which the respondent(s) was found responsible.

(3) If the office of student conduct receives an appeal that does not meet any of the criteria listed in paragraph (D)(2) of this rule, it may reject the appeal.

(4) The director of student conduct (or designee) has the discretion to extend the date to appeal process timelines for extenuating circumstances.

(5) Composition. An appeal panel is composed of at least two Kent state university faculty, staff, and/or student hearing officers appointed by the senior vice president for student life (or designee) who are trained by the director of student conduct (or designee). No member of the appeal panel shall have participated in the original hearing in any capacity.

(6) Authority. The senior vice president for student life (or designee) may:

(a) Accept or deny an appeal depending on the basis of the appeal, and/or

(b) Alter prohibited conduct accusation, and/or

(c) Alter or reverse a finding of responsible/not responsible, and/or

(d) Alter or reverse any sanction decision, and/or

(e) Remand the case to another hearing. A case may not be remanded more than once.

(7) Timeline. An appeal panel will provide a recommendation in writing to the senior vice president for student life (or designee) within fifteen calendar days of receipt of the appeal. The senior vice president for student life (or designee) shall provide a written decision within fifteen calendar days of receipt from an appeal panel. The decision will be provided to the respondent(s) and complainant(s) in writing from the office of student conduct.

(8) Appeal decisions made by the senior vice president for student life (or designee) are final.

(E) Interim actions. When the senior vice president for student life (or designee) has reasonable cause to believe that a student(s) or student organization(s) may pose a risk to the safety or well-being of those involved or others in the university community, the student(s) or student organization(s) may be issued an interim action. Interim actions may include but are not limited to: no contact order(s); restriction from specific classes, campus facilities or locations; requirement to secure a psychological evaluation; cease and desist mandates; restriction from facilitating or participating in student organization business or activities; suspension of student status or student organization recognition; etc. An interim action shall remain in effect until removed or altered by the senior vice president for student life (or designee) or as the result of the student conduct process. A student or student organization may challenge an interim action in writing to the senior vice president for student life. Failure to comply with an interim action may result in a referral to the office of student conduct and/or may involve a criminal process.

(1) Interim suspension. An interim suspension immediately revokes a student's or student organization's access from all or any specific portion of university premises, university-related activities and/or registered student organization activities. An interim suspension will be confirmed by a written notice and shall remain in effect until the conclusion of an administrative hearing, student conduct hearing, or decision by the senior vice president for student life or designee). Such action may occur in conjunction with Ohio Campus Disruption Act (House Bill 1219) proceedings, at the discretion of the senior vice president for student life (or designee). A student or student organization may challenge an interim suspension in writing to the senior vice president for student life (or designee). Failure to comply with an interim suspension may result in a referral to the office of student conduct and/or the Kent state university police services.

(F) Voluntary and involuntary withdrawal. Rule 3342-4-02.5 of the Administrative Code is applied when a health emergency or condition renders a student's continued participation in university academics, programs, or services impossible, impractical or unsafe to any member of the university community. Voluntary and involuntary withdrawal may not preclude the student conduct process from occurring. In these specific instances, at the discretion of the senior vice president for student life (or designee), the student conduct process may be indefinitely delayed, and the student placed on ineligible hold, thus prohibiting future class registration. If/when the student attempts to re-enter the university, the pending student conduct proceedings may be reinstituted.

(G) Student organizations registered with the university. Resolution of a student organization issue pertaining to an alleged violation of university policy will be addressed through the student conduct process. This may include but is not limited to recognized student organizations described in rule 3342-4-11 of the Administrative Code. Student organizations may be investigated and/or directly referred to the office of student conduct for adjudication. The dean of students (or designee) may receive compliants, determine interim actions if necessary, and/or coordinate investigations for allegations against student organizations.

(1) Investigations. The dean of students (or designee) may assign investigators to review allegations against student organizations for any potential violation of the code of student conduct including but not limited to, alcohol, controlled substances, hazing, physical violence, sexual assault, sexual harassment, or weapons. The dean of students (or designee) may use the information in the investigative report to:

(a) Determine no further action is necessary; and/or

(b) Require interim actions as described in paragraph (E) of this rule; and/or

(c) Require an administrative action including but not limited to an informal warning or a required administrative conversation; and/or

(d) Referral to the office of student condduct for adjudication.

(2) A student organization and its officers and membership may be held collectively and individually responsible when violations of the code of student conduct by the organization, or its members take place. A student organization and/or individual members of a student organization alleged to have violated university rules, regulations, or policies may be referred to the office of student conduct for adjudication. If an incident involving a student organization is forwarded to the office of student conduct for adjudication, minimally the president and vice president (or equivalent executive positions) are considered representatives of the student organization, and will be provided notice in accordance with paragraph (C)(5) of this rule for participation in the student conduct process. The student organization/campus advisor may also be notified.

(3) Disciplinary hearings for student organizations follow paragraphs (C)(1) to (C)(17) of this rule.

(H) All-university hearing board. As stated in the university undergraduate student senate charter (provided for in rule 3342-2-08 of the Administrative Code), the all university hearing board is established to recommend sanctions regarding the violation of university rules and regulations. In addition, the all university hearing board is vested with the judicial authority for the undergraduate student government (USG).

Jurisdiction. With regard to undergraduate student government, the all university hearing board shall have jurisdiction to hear and decide all cases concerning:

(1) Interpretations of the charter of the USG of Kent state university.

(2) The legality, with respect to this charter, of all USG resolutions and bills.

(3) Charges of fraud, malfeasance, or illegal procedure taking place within any general student election.

(4) Disputes between student organizations or between a student or students and any organization or organizations.

(I) Alternative conflict resolution.

(1) Alternative conflict resolution (ACR) is an informal option for seeking redress with an issue(s). ACR may be available for issues pertaining to students or student organizations. If all persons personally and directly affected by the conflict agree to attempt resolution through an alternative process (such as mediation, facilitated dialogue, etc.) and the director of student conduct (or designee) has not already assigned the formal student conduct process, than an ACR process may be available. The nature of some conflicts, especially those involving violence, may not be appropriate for ACR options.

(2) Participation in an ACR process may or may not result in an agreement or resolution. When a mutually satisfactory resolution is reached, the situation is considered resolved with no disciplinary record being maintained. Resolutions reached through ACR may not be appealed. If a resolution is not achieved through an attempt at ACR and the matter involves a potential violation of university policy, a complainant may initiate the formal disciplinary process from the university policy regarding administration of student conduct provided for in rule 3342-4-02 of the Administrative Code.

(3) The director of student conduct (or designee) may refer incidents to ACR in lieu of adjudication. Failure of a student or student organization to make a good faith and timely effort with ACR may result in the case being referred back to student conduct for adjudication.

(J) Ohio Campus Disruption Act. The Ohio Campus Disruption Act, passed by the 108th Ohio General Assembly (House Bill 1219), directly affects the operation of state universities in Ohio. The Act has specific ramifications for university students, faculty, and staff. In essence, any individual who commits an act of violence and is arrested for that violation is subject to immediate suspension from the university. The act reads in part that a student, faculty or staff member, or employee of a college or university which receives any state funds in support thereof who is arrested for any of the so-called "trigger" offenses listed within division (A)(9)(a) of section 2901.01 of the Revised Code shall be afforded a hearing, as provided in this act, to determine whether the accused person shall be immediately suspended from that college or university. Such hearings shall be held within not more than five days after an arrest of the accused person, subject to reasonable continuances for good cause shown. Continuances shall not exceed a total of ten days. If at the hearing the referee, not affiliated with the university, finds by a preponderance of the evidence that the person whose suspension is being considered committed any of the specified trigger offenses, the referee shall order the person suspended. Except for cases in which the good order and discipline of a college or university will be prejudiced or compromised thereby, the referee may permit the person to return to the college or university on terms of strict disciplinary probation. Subsequent violation of the terms of the probation automatically causes the provisions of the Ohio Campus Disruption Act to go into effect. Based on section 3345.23 of the Revised Code, the conviction of a student, faculty or staff member, or employee is cause for dismissal or suspension pursuant to section 3345.22 of the Revised Code.

(K) Family Educational Rights and Privacy Act (FERPA). Kent state university complies with the Family Educational Rights and Privacy Act of 1974 in its maintenance of student educational records. This act was established to protect the privacy of educational records, to establish the right of students to inspect and review their educational records, and to provide guidelines for the correction or deletion of inaccurate or misleading data through informal and formal hearings. Disciplinary records fit within the purview of FERPA.

(1) Parental notification. Pursuant to the Family Educational Rights and Privacy Act, the office of student conduct may send written notice to the parents and/or legal guardians of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession, consumption, or inappropriate sale of any alcoholic beverages or controlled substances.

(L) Student disciplinary records.

(1) All hearings are digitally recorded. Recordings may be listened to or viewed by students wishing to appeal a decision. Recordings will be provided to the student only at the student's request. Digital recordings are maintained as part of the disciplinary record.

(2) All student disciplinary records are maintained by the office of student conduct in accordance with the federal Family Educational Rights and Privacy Act, all state of Ohio laws, and the Kent state university records retention policy. See university administrative policy regarding public records (provided for in rule 3342-5-15.1 of the Administrative Code) for further details.

(3) Notation of a disciplinary record in any case shall not appear on a student's official transcript.

(M) Revisions and applicability.

(1) Revisions. Throughout any given year, changes to the code of student conduct may be approved. As members of the university community, students are encouraged to be aware of any public announcements concerning changes to the rules and regulations governing student behavior. Updates and other changes to the code of student conduct shall be submitted the director of student conduct.

(2) Applicability. The rule and the code of student conduct reflect language found in various university policies and procedures located in the Kent state university policy register. Revisions, changes or updates to the policy register are considered the authority in situtions where conflicting information exists.

Last updated August 29, 2025 at 7:46 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-08

(A) Preamble.

(1) The authority, which exists on the campus of Kent state university, is the authority of the state of Ohio delegated by law to the board of trustees of the university and through them to such agencies, as they deem proper. Recognizing our lack of sovereignty in this regard, we use the term "undergraduate student government" to pertain to the primary vehicle by which the undergraduate student body provides its input into the university community.

(2) We, the undergraduate students of Kent state university, in order to define and secure our rights and status in the university community, and in order to provide for the common betterment and general welfare of the undergraduate student body and the university and to insure meaningful student participation in total university governance, do hereby establish this revised charter for the undergraduate student government of Kent state university.

(B) Undergraduate student government, herein after referred to as the USG which are the representative bodies on the following campuses: Ashtabula, East Liverpool, Geauga, Kent, Salem, Stark, Trumbull, and Tuscarawas.

(1) Powers, responsibilities, and limitations.

(a) The legislative powers of the USG and the determination of all matters of policy, except as otherwise provided in this charter, shall be vested in the USG. It shall have the ultimate authority and responsibility within the USG framework to: (i) provide for the common betterment and general welfare of the undergraduate student body. (ii) ensure meaningful student participation in total university governance across all eight campuses.

(b) In pursuit of these functions, the USG shall have the following powers and responsibilities:

(i) Shall authorize or approve the creation of all positions within the jurisdiction of the USG.

(ii) Shall establish criteria for minimum standards for all elected and appointed members of the USG. These standards shall be set forth in the by-laws of the USG. Failure to meet these standards will be grounds for disqualification.

(iii) Shall be responsible for considering student opinion.

(iv) Shall coordinate undergraduate student participation in established channels of university policy making through the appointment of undergraduate students to all university committees and positions which have undergraduate student representation.

(a) Such appointments shall be made in accordance with this charter and applicable university policies.

(b) The USG may remove any of these appointees as articulated in its by-laws.

(v) Shall ensure proper channels of communication both internally between students, faculty, staff and the administration as well as with parties external to the university.

(vi) Shall channel the execution of its resolutions and bills through the president of USG and thereby to the university administration or to such appointees as sit on the appropriate university committees.

(vii) Shall exercise or delegate such additional authority as may be entrusted to USG by the board of trustees or its designees.

(viii) Shall ensure that the USG is perpetuated under this charter and shall provide for a smooth transition to a new USG by ensuring the education and training of newly elected or appointed representatives. The president shall oversee the transition of the new USG by conducting, together with the outgoing and/or the incoming president, a series of training workshops during the period between the election and the beginning of fall semester.

(c) In the pursuit of its responsibilities and functions the USG shall have the following limitations:

(i) No member of the USG shall hold any position of employment in the administrative service of the USG, during the elected or appointed term.

(ii) No member of the USG shall hold any other position on campus for which scholarship is received, with the exception of work-study or other university employment.

(2) Membership. The membership is comprised of the USG members from the representative bodies on the following campuses: Ashtabula, East Liverpool, Geauga, Kent, Salem, Stark, Trumbull, and Tuscarawas.

(a) Kent campus. Nine undergraduate students shall be elected at-large from the undergraduate student body on the Kent campus to serve a term of one year. Ten undergraduate students shall be elected at-large from within ten academic colleges of the Kent campus to serve a term of one year. Six undergraduate students shall be appointed to represent specific constituencies of undergraduate students of the Kent campus to serve a term of one year.

(b) Regional campuses. Each USG shall elect or appoint a minimum of three designated representatives with one of those representatives being named the president.

Unless otherwise provided for in this rule, the recognized USG at each regional campus shall be governed by rule 3342-8-01.7 of the Administrative Code.

(C) The president.

(1) Duties. The president shall act as chief spokesperson of the USG in communication with the administration, the student body, and the community. In this capacity, the president is charged with representing the view of the USG. The president shall be considered the coordinator of all administrative functions and bodies of the USG.

(2) Responsibilities.

(a) The president shall be responsible to the USG for the proper administration of the USG and shall be required to:

(i) Serve as chairperson of the USG and as such shall have all the powers and limitations of a member with the exception of additional powers and limitations as follows:

(a) Shall preside over the USG meetings and ensure order and progress through the use of parliamentary procedure.

(b) Shall serve as a non-voting member of the USG. The president may, however, as provided for in Robert's Rules of Order, make or break a tie on any matter of business.

(c) Shall communicate the resolutions of the USG to the appropriate persons.

(ii) Use the president's authority to make reasonable requests of USG members in an effort to fulfill the responsibilities of the USG.

(iii) Recommend to the USG the removal of any individual member of the USG who is consistently negligent in the performance of the members' duties and responsibilities.

(iv) Use discretion in directing issues to the appropriate members. The aforementioned clause shall not supersede any chartered powers or responsibilities of any member of the USG.

(v) Oversee the routine business functions of the USG.

(vi) Perform all duties, which may reasonably be requested by the USG.

(vii) Oversee all expenditures authorized to the applicable USG.

(viii) Exercise control over all departments, programs, and positions placed under the president's purview by the USG.

(ix) Recommend to the USG such measures, as deemed necessary and expedient.

(x) Receive, validate, and submit to the USG all initiative petitions and depositions.

(xi) Report to the USG at all regular meetings on all actions, the current financial position of the USG, and current or future needs of the USG and the undergraduate student body, and report either verbally or in writing on all official functions when requested.

(xii) Shall receive and act within fifteen academic class days, upon all valid petitions, defined under paragraph (E) of this rule, which shall be presented to the president.

(xiii) Shall consider any issue presented by an undergraduate student or group to the president in the form of a signed deposition stating the issue and bearing the signatures of one representative who agrees to consider the issue.

(xiv) Shall consider and act, within fifteen academic class days, upon all recommendations made by the president in the form of a signed deposition and bearing the signature of one other representative who agrees to consider the issue.

(D) The judicial function. The all university hearing board is established through the authority of the university code of student conduct, rule 3342-4-02 of the Administrative Code to recommend sanctions regarding the violation of university rules and regulations; the all university hearing board is vested with the judicial authority for the USG.

(1) Structure. Should the nature or structure of the all university hearing board be substantially altered by any means, this article will be submitted by the USG for referendum to the undergraduate student body; such referendum shall determine the composition and powers of the all university hearing board under the judicial function.

(2) Composition. There shall be four undergraduate positions on the all university hearing board. Students shall be appointed to these by the USG. There shall be no graduate student position on the board for purposes of the jurisdiction herein defined. Other sections of university policy which pertain to the nature and structure of the all university hearing board are valid for purposes of this document except as provided for paragraph (D)(1) of this rule.

(3) Jurisdiction. With regard to USG, the all university hearing board shall have jurisdiction to hear and decide all:

(a) Cases concerning interpretations of the charter of the USG of Kent state university.

(b) Cases concerning the legality, with respect to this charter, of all USG resolutions and bills.

(c) Cases concerning charges of fraud, malfeasance, or illegal procedure taking place within any general student election.

(d) Cases concerning disputes between student organizations or between a student or students and any organization or organizations.

(E) Initiative petitions and referenda.

(1) The USG shall hold a referendum under the following conditions.

(a) If a two-thirds majority of the USG across all eight campuses votes in favor of holding a referendum; or

(b) If the president receives a valid initiative petition; or

(c) If each USG across the eight campuses vote to hold a referendum based on their specific campus needs; voting will be held only on the campus who initiated the referendum.

(2) Initiative petitions. A valid initiative petition shall contain the valid written signatures and kent.edu email of registered undergraduate students, as listed in paragraph (E)(3) of this rule. Such petitions shall be submitted to the president for validation and referral to the USG.

(3) Requirements. Legal and valid petitions bearing the written signatures and kent.edu email of the following percentages of the registered undergraduate student body shall be sufficient for the purpose indicated:

(a) Two per cent to require the USG to consider a particular issue.

(b) Eight per cent to require a referendum on any specified issue or issues.

(c) Eight per cent to require a referendum on proposed charter amendments.

(d) Eight per cent to require a referendum on recalling a USG officer.

(F) Amendments.

(1) Proposal of amendments. Amendment proposals to this charter may be submitted for referendum as prescribed in paragraph (E)(1)(a) or paragraph (E)(1)(b) of this rule or by an affirmative vote of two-thirds majority of the USG across the eight campuses.

(2) Ratification. Amendments shall be valid as part of this charter when ratified by a majority of the undergraduate student bodies across the eight campuses casting ballots in a referendum and after the approval of the board of trustees.

(G) USG - Kent.

(1) Kent campus elections.

(a) Elections shall occur between the eighth and the eleventh (inclusive) regular academic class weeks of the spring semester.

(b) Each candidate will declare one position and will petition and campaign for only that declared position.

(c) Each undergraduate student of Kent campus may vote for one candidate for each USG position.

(d) The candidate receiving the highest number of votes for each of the nineteen elected USG positions will take office within twenty regular academic class days after the official election results are announced and shall serve for one year barring recall, resignation or disqualification.

(2) Status of members at the Kent campus.

(a) The positions at the Kent campus shall be known as follows:

(i) President;

(ii) Director of governmental affairs;

(iii) Director of community affairs;

(iv) Director of programming;

(v) Director of student involvement;

(vi) Director of student advancement;

(vii) Director of marketing and communications;

(viii) Director of academic affairs;

(ix) Director of business and finance;

(x) Senator for the college of architecture and environmental design;

(xi) Senator for the college of the arts;

(xii) Senator for the college of arts and sciences;

(xiii) Senator for the college of business administration;

(xiv) Senator for the college of communication and information;

(xv) Senator for the college of education, health and human services;

(xvi) Senator for the honors college;

(xvii) Senator for the college of nursing;

(xviii) Senator for the college of applied engineering, sustainability & technology;

(xix) Senator for the college of public health;

(xx) Senator for university college;

(xxi) Senator for the residence halls;

(xxii) Senator for off-campus and commuter students;

(xxiii) Senator at large;

(xxiv) Senator at large;

(xxv) Senator at large;

(b) Position descriptions for the twenty-five USG positions listed in paragraphs (G)(2)(a)(i) to (G)(2)(a)(xxv) of this rule will be defined by the USG-Kent by-laws.

(c) The USG may delegate any other authority and responsibility within itself as it sees fit.

(3) Removals, vacancies, and reassignments of members of USG-Kent.

(a) Removal by petition. A petition of eight percent of the Kent campus undergraduate student body may require a referendum to recall any USG official from office. Such referendum shall be held within fifteen academic class days after the receipt of a valid petition. See paragraph (F) of this rule.

(b) Declaration of vacancy. In case of a USG member's persistent failure to abide by the charter and by-laws as established by the USG, the seat of said member shall be declared vacant through a resolution of the USG. Said resolution must be approved by a two-thirds vote of USG members present at a regular or special meeting called for this purpose.

(4) Filling of USG vacancies at the Kent campus.

(a) If any USG member shall cease to be an undergraduate student, resign, be disqualified, or otherwise vacate a position on or before October first, the USG, within fifteen academic class days of the acknowledgement of the member's inability to remain in their position, shall hold a special election, or if applicable interview process, for the assignment of that particular USG position.

(b) In the event that a USG position is not filled during the regular election, a special election will be held for the purpose of filling the vacant USG position(s). The special election will be held within fifteen academic class days following the general election.

(c) In the event that after a USG position becomes vacant after October first, or that after a special election is held the USG position(s) remains vacant, the USG shall appoint by three-fourths majority vote a person to fill each vacancy within fifteen academic class days.

(5) Procedures of USG on the Kent campus.

(a) The USG shall develop by-laws determining its own rules and procedures and shall have available minutes of all meetings upon request.

(b) Quorum to conduct business for an executive cabinet meeting shall be five members, with the presence of the president counting in establishing quorum. A concurring vote of a majority of the USG executive cabinet members casting votes, except as otherwise noted within the charter and by-laws of the USG, shall be required for passage of all business. Quorum to conduct business for a regular meeting shall be thirteen members, with the presence of the president counting in establishing quorum. A concurring vote of a two-thirds majority of the USG members casting votes, except as otherwise noted within the charter and by-laws of the USG, shall be required for passage of all legislation as well as the annual USG budget.

(c) The USG shall have regular public meetings at such times as may be prescribed by its rules, but not less frequently than twice each month. All meetings shall be open to the public, but the USG reserves the right to move into executive session.

(d) Special meetings may be called by the president or any five members of the USG executive cabinet on twenty-four hours notice as stated in rule 3342-9-01.2 of the Administrative Code, Administrative policy regarding electronic communications for students. The purpose of a special meeting shall be stated in the notice and no other business shall be transacted at said meeting.

(e) The USG-Kent shall determine the distribution process for all monies for which the USG-Kent has been delegated authority.

(i) The undergraduate student activities tuition allocation monies, with the exception of the "May 4th" commemoration allocation, shall be distributed between standing committees of the USG. These standing committees shall exist as follows:

(a) An allocations standing committee, chaired by the director of business and finance, for the purpose of allocating funds to requesting student organizations for programming and conferences and for academic conferences for individuals at the Kent campus.

(b) A programming board standing committee, chaired by the director of programming, for the purpose of providing USG managed programming for undergraduate students.

(H) Undergraduate student government staff of USG- Kent.

(1) Appointment and removal.

(a) The president, with the advice of the USG, will appoint staff personnel necessary to carry out the functions of the USG. These appointees must then be confirmed by majority vote of the USG at the next public meeting following the appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the president will make a new appointment to be confirmed by majority vote.

(b) The director of business and finance, with the advice of the USG, will appoint undergraduate students to the allocations standing committee. These appointees must then be confirmed by majority vote of the USG at the next public meeting following the appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the director of business and finance will make a new appointment to be confirmed by a majority of the USG.

(c) The director of programming, with the advice of the USG, will appoint undergraduate students to the programming board standing committee. These appointees must then be confirmed by majority vote of the USG at the next public meeting following the appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the director of programming will make a new appointment to be confirmed by a majority of the USG.

(d) Any member of the staff, allocations standing committee, or programming board standing committee may be removed by the president, with the advice and consent of a majority of those members present at a regular or special meeting called for that purpose.

(e) Any vacancies of the at-large positions of the allocations standing committee or programming board standing committee shall be filled by an appointee of the respective standing committee chairperson, with the advice of the USG. These appointees must then be confirmed by majority vote of the USG at the next public meeting following appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the respective member will make a new appointment to be confirmed by a majority of the USG.

(2) Functions.

(a) The staff will be coordinated by the president in accordance with paragraph (C)(2)(a)(viii) of this rule.

(b) The staff will assist the members in carrying out their duties and responsibilities.

(I) Implementation. This rule shall become the official charter of the USG of Kent state university upon approval by the undergraduate students in a general referendum and approval by the board of trustees. This charter applies to the representative bodies across all eight campuses and shall supersede all previous charters of the USG.

History

  • Effective: April 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.5

(A) Purpose. When a health emergency or condition renders a student's continued participation in university academics, programs, or services impossible, impractical or unsafe to any member of the university community, the following rules shall apply. The senior vice president for student life is responsible for the administration of this rule.

(B) Voluntary withdrawal procedure. A student who decides to withdraw from the university for health reasons shall follow the office of the university registrar's general procedures for withdrawal or petition for exception to registration, as appropriate. Graduate students may also consider utilizing the "leave of absence for graduate students" procedure found in rule 3342-3-01.12 of the Administrative Code, if applicable. The associate vice president for student life and dean of students (hereinafter referred to as the "dean of students"), student ombuds, or regional campus director of enrollment management and student services may provide guidance to the student to assist with this process upon request.

(C) Involuntary withdrawal procedure.

(1) Individualized assessment. When the dean of students is made aware that a health emergency or condition renders a student's continued participation in university academics, programs, or services impossible, impractical or unsafe to any member of the university community, the dean of students shall consult, review and consider appropriate recommendations and any applicable supporting documentation. This may include recommendations and documentation of the following, as applicable: the student's recent treating health care professional(s) (if available and with necessary permissions); university health care professional(s); the care team; the student (if available); and, when necessary and in accordance with rule 3342-5-08.101 of the Administrative Code, the student's parent or guardian. The dean of students may also consult other applicable resources as appropriate.

(2) Interim action. Depending upon the urgency and severity of the health emergency, an interim action may be necessary while the individualized assessment is ongoing. When the dean of students has reasonable cause to believe that a student may pose a risk to the safety or well-being of anyone in the university community, the student may be issued an interim action. Interim actions may include but are not limited to: restriction from specific campus facilities or locations; restriction from facilitating or participating in student organization business or activities; suspension of student status; etc. An interim action shall remain in effect until removed or altered by the dean of students or as the result of this policy's process. A student may appeal an interim action in writing to the senior vice president for student life. Failure to comply with an interim action may result in a referral to the office of student conduct and/or the Kent state university police department.

(3) Alternatives considered. During the assessment process above, alternatives to involuntary withdrawal shall be considered. Such alternatives may include, but are not limited to, voluntary withdrawal, reasonable accommodations to any known disabilities, or behavioral contracts.

(4) Notice of withdrawal. If, as a result of the assessment in paragraph (C)(1) of this rule, the dean of students decides that involuntary withdrawal is appropriate, the university shall withdraw the student from all registered courses. The decision will be communicated to the student in writing. The notice shall contain the terms of any interim actions issued pursuant to paragraph (C)(2) of this rule.

(5) Appeal. A student may appeal a decision for involuntary withdrawal in writing to the vice president for student affairs within seven calendar days of receipt of the notice of involuntary withdraw under this policy. The senior vice president for student life, or designee (other than dean of students), will review the appeal and any supporting documentation and provide a decision in writing within seven calendar days. This is the final level of appeal. In the event of extenuating circumstances and at the sole discretion of the senior vice president for student life, the time period in which to submit such appeal may be extended.

(6) Tuition credits and fee adjustments. The student may be eligible for tuition credit or fee adjustments, in accordance with the policies established by the bursar's office and other relevant departments (for example, residence services). The dean of students or their designee may provide the student guidance with those processes.

(7) Return to University. A student wishing to return to the university within one year of involuntary withdraw shall not be required to reapply for admission through the admissions office. A student wishing to return after more than one year of absence may be required to reapply for admission to the university and/or program of study, in accordance with any applicable registration and admission requirements of the program and of the office of the university registrar. The student should contact the dean of students at least thirty calendar days prior to the start of the term the student intends to return to, in order to provide time to review the student's request and determine eligibility for re-enrollment. The following procedure shall be followed to determine whether the student shall be re-enrolled:

(a) Depending upon the nature and individual circumstances of the involuntary withdrawal, the dean of students may require one or more of the following in determining whether to approve a request to return:

(i) Documentation from current, relevant healthcare providers supporting the student's ability to return and be successful at the university. The university may request the student's permission to communicate with any relevant and current healthcare providers to obtain this information. If no such information exists, or if information provided is insufficient, the dean of students may ask the student to complete an assessment with an on-campus health provider.

(ii) A statement from the student describing: the student's experience away from the university, including any activities undertaken while away; the student's current understanding of the factors that led to the need for the leave, and the insights the student has gained from treatment and time away; and how the student plans to ensure a successful return to the university.

(iii) A meeting with the student to review the student's plan for maintaining health and safety while at the university, including recommendations for ongoing treatment, reasonable accommodations, and campus support options, when applicable.

(iv) Agreement to an individually created ongoing plan for a successful return to the university, created in consultation with the student and pursuant to review of the information and materials listed above, as applicable.

(b) The dean of students shall consider the information and materials presented in paragraph (C)(7)(a) of this rule. The dean of students may also consult with the following, as applicable: the student's recent treating health care professional(s) (if available and with necessary permissions), university health care professional(s), the care team, the student, and any other applicable resources as necessary. A student's failure to comply with any of the dean of students' requests in paragraph (C)(7)(a) of this rule may be considered when deciding whether to approve a request to return to the university.

(c) The dean of students shall provide a decision regarding the student's re-enrollment to the student in writing, no more than seven calendar days after the request to return is received. If more time is needed to consider the request, the student shall be notified of such in writing. The appropriate university departments shall also be notified of this decision.

(d) A student may appeal a denial of their request to return under this rule in writing to the senior vice president for student life within seven calendar days of receipt of the request to return. The senior vice president for student life shall review the appeal and any supporting documentation and provide a decision in writing within seven calendar days. This is the final level of appeal.

Last updated August 1, 2024 at 7:37 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11

Purpose. The university is committed to the belief that students have a right to organize and participate in groups whose purposes center on the interests and goals of the individuals involved. Experiences in the areas of interpersonal relationships and decision-making related to the operations of the organizations can be vital learning tools and as such are to be encouraged. In order to implement this commitment, the university encourages students to form student organizations in accord with administrative policies and procedures established for this purpose.

History

  • Effective: November 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-15.1

(A) Purpose. It is the policy of Kent state university that openness leads to a better informed citizenry, which leads to better government and better public policy. It is the policy of Kent state university to adhere to the Ohio public records act.

(B) Definitions.

(1) Record. For the purposes of this policy, a record includes any document, device, or item, regardless of physical form or characteristic, including an electronic record; that is created or received by, or coming under the jurisdiction of the university; and documents the organization, functions, policies, decisions, procedures, operations, or other activities of the university.

(2) Public record. A "record" as defined in this paragraph that is kept by the university, subject to applicable exemptions from disclosure under Ohio or federal law. All public records shall be organized and maintained in such a way that they can be made available for inspection and copying.

(C) Implementation.

(1) Handling requests. All requests for Kent state university public records shall be directed to the office of general counsel ("OGC"). No specific language is required to make a request for public records. However, the requester must at least identify the records requested with sufficient clarity to allow OGC to identify, retrieve, and review the records.

(a) The requester does not have to put a records request in writing, and does not have to provide their identity or the intended use of the requested public record(s). It is OGC general policy that this information is not to be requested. However, OGC may ask for a written request, the requester's identity, and/or the intended use of the information requested, if a written request or disclosure of identity or intended use would benefit the requester by enhancing the OGC's ability to identify, locate, or deliver the public records that have been requested; and the requester is first told that a written request is not required and that the requester may decline to reveal the requester's identity or intended use.

(b) In processing the request, the university does not have an obligation to create new records or perform a search or research for information in the university's records. An electronic record is deemed to exist so long as a computer is already programmed to produce the record through the university's standard use of sorting, filtering, or querying features.

(c) In processing a request for inspection of a public record, an OGC employee may accompany the requester during inspection to make certain original records are not taken or altered.

(2) Response timeframe. Public records are available for inspection promptly during regular business hours. Copies of public records shall be made available within a reasonable period of time.

(a) "Prompt" and "reasonable" take into account the volume of records requested, the proximity of the location where the records are stored, the necessity for any legal review and redaction, and other facts and circumstances of the records requested.

(b) It is the goal of OGC that all requests for public records should be acknowledged in writing or, if feasible, satisfied within three business days following OGC's receipt of the request.

(3) Electronic records. Records in the form of e-mail, text messaging, and instant messaging, including those sent and received via a hand-held communications device, are to be treated in the same fashion as records in other formats, such as paper or audiotape. Public record content transmitted to or from private accounts or personal devices is subject to disclosure. All employees or representatives of the university are required to retain their e-mail records and other electronic records in accordance with applicable records retention schedules.

(4) Denial and redaction of records. If the requester makes an ambiguous or overly broad request or has difficulty in making a request such that OGC cannot reasonably identify what public records are being requested, the request may be denied, but OGC will then provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained and accessed by OGC.

(a) If OGC withholds, redacts, or otherwise denies requested records, it will provide an explanation, including legal authority, for the denial(s). If the initial request was made in writing, the explanation will also be in writing. If portions of a record are public and portions are exempt, the exempt portions may be redacted and the rest will be released.

(b) When making public records available for public inspection or copying, OGC shall notify the requester of any redaction or make the redaction plainly visible.

(5) Copying and mailing costs. Those seeking public records may be charged only the actual cost of making copies, not labor. The charge for paper copies is ten cents per page. The charge for electronic files downloaded to a compact disc, USB flash drive, or other portable storage device is the actual cost of the device. A requester may be required to pay in advance for the actual costs involved in providing the copy.

(a) The requester may choose whether to have the record duplicated upon paper, upon the same medium on which the public record is kept, or upon any other medium on which OGC determines that the record can reasonably be duplicated as an integral part of the office's normal operations.

(b) If a requester asks that documents be delivered to them, the requester may be charged the actual cost of the postage and mailing supplies, or other actual costs of delivery. There is no charge for e-mailed documents.

(D) Managing records. Kent state university records are subject to retention schedules pursuant to rule 3342-5-15 of the Administrative Code. The university's current schedules are available on the OGC website, a location readily available to the public as required by division (B)(2) of section 149.43 of the Revised Code.

History

  • Effective: September 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.2 Administrative policy and procedures regarding class disruptions.

(A) Policy statement. In the event of classroom disruption, under no circumstance is a member of the faculty expected to take physical action to control a disturbance. Faculty should also make every effort to discourage students from taking physical action against disrupters.

(B) Disruption of classes by students. Class order and discipline are the responsibility of the class instructor insofar as possible. In the event of a disruption, the following procedure should be followed:

(1) The instructor should ask the student(s) causing the disruption to cease and desist. Identification of the student(s) involved should be attempted.

(2) The instructor should notify the disrupter(s) of possible suspension and/or dismissal from the class and of further possible action under rule 3342-4-02 of the Administrative Code (the student conduct code), or the Revised Code, or both.

(3) If disruption does not cease, the instructor should order the disrupter(s) out of the classroom and inform those involved that failure to do so will subject the disrupter(s) to student conduct sanction and/or criminal arrest.

(4) If the disruption continues, the university police should be immediately notified to resolve the problem.

(5) The instructor should not dismiss the class unless there is reason to believe that physical harm to person(s) or property is possible, or unless by allowing the students to remain, the disruption would increase.

(6) The instructor should subsequently notify the chairperson and/or academic dean of the incident to coordinate and facilitate the student conduct referral process.

Last updated May 23, 2024 at 8:10 AM

History

  • Effective: August 27, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.3 Administrative policy and procedure for student academic complaints.

(A) Purpose. This administrative policy and procedure is established to provide an appropriate framework and method to resolve student complaints of an academic nature. As such, this policy is specifically designed to maintain the integrity of the academic environment and to ensure that the rights of students in such matters are clearly stated and protected.

(B) General guidelines.

(1) In initiating a complaint and throughout the formal appeals process, students may seek the counsel of the office of the student ombuds. The student ombuds will provide information, clarify procedures, and facilitate communication as requested.

(2) This student academic complaint policy, upon its approval, will become a part of the handbook for each academic unit and regional campus as the applicable student complaint policy and procedure for the unit.

(3) The appropriate jurisdiction for initiating an academic complaint (i.e., where a complaint is filed and which academic unit or regional campus controls the complaint process) is determined first by the academic unit or campus scheduling the course offering. Academic complaints concerning courses scheduled by an academic unit will be initiated with the academic unit offering the course. Academic complaints concerning courses scheduled by a regional campus will be initiated with the regional campus offering the course. In the case of a course scheduled by an academic unit which is cross-listed with other academic units, an academic complaint will be initiated with the academic unit of the instructor. In the case of a course scheduled by a regional campus that is cross-listed with another campus, an academic complaint will be initiated with the primary campus of the instructor of record.

(4) It is understood that some issues student academic complaints may involve one or more policies which, because of either the nature of the academic complaint or the status of the complainant, may be related to university offices with separate responsibilities for such policies. An allegation of discrimination or sexual harassment should be referred to the office of equal opportunity and compliance (EOC). Appeals of sanctions applied for cheating or plagiarism should be addressed under rule 3342-3-01.8 of the Administrative Code. Non-academic student complaints should be addressed under rule 3342-4-02.102 of the Administrative Code.

(5) There shall be no retaliation against the student or abridgment of a student's rights resulting from the use of this policy.

(C) Definition of terms.

(1) "Student" is defined as any person enrolled at the university in a course offered for credit.

(2) "Instructor" is defined as any person who is authorized to teach any course offering of the university, who is involved in a professional capacity as a thesis or dissertation committee member, or who evaluates student academic work.

(3) "Academic unit" is defined as an academic department headed by a chair, a school headed by a director, or a college without departments or schools headed by a dean.

(4) "Regional campus" is defined as a campus of Kent state university other than the Kent campus.

(5) "Local administrator" is defined as the chief administrative officer of an academic unit or regional campus whose position is that of a first organizational level academic leader with a teaching faculty (i.e., the chair of a department, the director of a school, the dean of a college without departments or schools, or the dean of a regional campus). In the case of a college without departments or schools or a regional campus, and with the exception of the role identified for the local administrator in paragraphs (E)(2)(g) and (E)(2)(h) of this rule, the dean may delegate the role of the local administrator to a college or campus administrator with faculty rank.

(6) "Faculty advisory body" is defined as the faculty advisory committee of a department or school, the college advisory committee of a college, or the faculty council of a regional campus.

(7) "Student academic complaint" is defined as a formalized complaint regarding those aspects of the educational process involving student performance, evaluation, or grading in courses.

(8) "Student complaint procedure" is defined as the process by which a student may resolve an academic complaint.

(9) "Respondent" is defined as that person or persons named by the student when filing a written academic complaint.

(10) "Complainant" is defined as the student who files an academic complaint.

(11) "Student academic complaint committee" is defined as the academic unit or regional campus committee whose responsibility is to review and make recommendations to the local administrator with regard to student academic complaints.

(12) "Student ombuds" is defined as the university official charged with the responsibility to assist students by providing an individualized information and referral system. The student ombuds informs students of procedures for processing student complaints and acts as a facilitator upon request.

(13) "Academic administrator at the next level of governance" is defined as the college dean (or their designee) in the case of a department chair/school director, the provost (or their designee) in the case of a dean of a college without departments or schools, or the chief administrative officer for regional campuses (or their designee) in the case of a regional campus dean.

(14) All references to "days" refer to weekdays during fall and spring semesters on which classes are conducted, excluding examination week.

(D) Student academic complaint committee.

(1) Each academic unit and regional campus shall establish a standing student academic complaint committee which shall be composed of three to five full-time faculty members from the academic unit or regional campus and one to two students. All members shall participate fully in committee deliberations and shall vote on the recommendation to be forwarded to the local administrator.

(2) In all cases, faculty members of the student academic complaint committee will be selected by the faculty advisory body of the academic unit or regional campus at the end of the spring semester for the next academic year.

(3) At the beginning of each academic year the student academic complaint committee shall elect one of its full-time faculty members to serve as chairperson.

(4) The student member(s) of the committee will be selected by the local administrator after consultation with the faculty advisory body and relevant student organizations. As applicable, undergraduate student(s) and graduate student(s) in good standing shall be appointed by the local administrator on or before September fifteenth of each year. The undergraduate student(s) will sit on complaints about undergraduate courses, and the graduate student(s) will sit on complaints about graduate courses.

(5) If a member of the student academic complaint committee or a spouse, domestic partner, or relative of any member of the committee is named as a respondent or complainant, that member shall be excluded from deliberating or voting on that complaint. In such cases, the members of the student academic complaint committee, through its chairperson, may replace any member excluded by this rule.

(6) Neither the local administrator nor any administrative delegate thereof is a member of the student academic complaint committee, nor does the local administrator or any administrative delegate thereof participate in its deliberations.

(E) Complaint procedure.

(1) Informal resolution.

(a) The student is expected first to review the matter with the course instructor in an attempt to resolve the issue immediately.

(b) If the matter is not resolved immediately, the student may discuss the matter with the local administrator of the academic unit or regional campus offering the course before lodging a formal complaint.

(c) The student may also consult with the student ombuds.

(2) Formal complaint.

(a) If attempts at informal resolution are unsuccessful, the student may lodge a formal complaint by submitting said complaint, in writing, local administrator. (See paragraph (G) of this rule for time limits.) In the case where a complaint is lodged against the local administrator, the complaint will be submitted to the chair of the student academic complaint committee.

(b) The written complaint submitted by the student should include the nature of the complaint, the facts and circumstances leading to the complaint, reasons in support of the complaint, and the remedy or remedies requested. The complaint statement submitted by the student becomes the basis for all further consideration of the matter. The written complaint should also note what attempts were made at informal resolution and should include any evidence pertinent to the issues identified.

(c) Upon receipt of the complaint, the local administrator shall refer it to the student academic complaint committee for consideration. A copy will be made available to the respondent(s) who shall respond in writing to the complaint and include any information or documentation related to the response. A copy of the respondent's written response shall be forwarded to the complainant.

(d) If the committee determines that two or more complaints against an instructor are substantively the same, the committee may, with the concurrence of the complainants, choose to combine the complaints.

(e) The conduct of matters brought before the student academic complaint committee shall be non-adversarial in nature. The committee shall examine and evaluate fully the written allegation and response, including any supporting documentation submitted by the complainant or respondent. The complainant and the respondent will be invited to appear before the committee. The committee may also invite testimony from any other persons who, in the judgment of the committee, may assist in its examination and evaluation of the complaint.

(f) In each case brought before the committee, the student complainant may bring a non-attorney adviser (e.g., a parent, fellow student, another instructor) to observe, assist, and counsel. Such advisers shall not participate directly in the hearing.

(g) After completion of its review and examination and following appropriate deliberation, the committee shall forward to the local administrator a written recommendation, which becomes part of the record.

(h) Upon receipt of the written recommendation from the student academic complaint committee, the local administrator shall provide a written decision to the complainant and the respondent, with a copy going to the members of the committee and the academic administrator at the next level of governance. In arriving at a decision, the local administrator, besides reviewing the recommendations provided by the committee, may consult with the parties to the complaint or others who the local administrator believes may assist in the review of the matter. The written decision should contain a summary of the complaints and of the committee's recommendation, and the reason(s) for the decision rendered.

(i) In the event that the decision requires a change in a student's academic record, and neither party appeals the decision of the academic unit or regional campus, it is the responsibility of the local administrator to initiate such a change, following established university procedures.

(F) Appeal of academic unit or regional campus decision.

(1) The complainant or respondent may appeal the decision made at the academic unit or regional campus level to the academic administrator at the next level of governance.

(2) The appellant shall clearly state in writing the reasons why the academic unit or regional campus decision is being appealed. The appeal must be based on procedural reasons or substantive issues that were not properly dealt with in the original complaint. In no case will the appeal be a complete rehearing of the original complaint.

(3) A copy of the appeal statement must be sent to the other party (complainant or respondent) and the local administrator of the academic unit or regional campus.

(4) The review of any appeal by the academic administrator at the next level of governance will normally consist of the review of the written documents. At the discretion of the academic administrator at the next level of governance, the review may include interviewing the principal parties, discussing the matter with the local administrator and members of the student academic complaint committee, and/or consulting with any others deemed relevant to the review of the appeal.

(5) Upon completion of the review, the academic administrator at the next level of governance will make the final decision.

(G) Time limits.

(1) The following time limits pertain to all parties. If conditions or causes exist requiring a modification of the time limits, it shall be the responsibility of the local administrator to assess such circumstances and causes and determine the nature or extent of any such modification. If the local administrator determines that modification is required, the parties shall be informed immediately by the local administrator.

(2) Following an unsuccessful attempt at informal resolution, a written complaint must be submitted within fifteen days after the occurrence of the event. If the event occurs at or after the end of a regular semester or during a summer session, a student will have up to fifteen days from the start of the next semester to submit a complaint to the local administrator. An exception to this rule is in effect if the student is scheduled to graduate and the event does not delay graduation. In such cases, the written complaint must be filed within thirty days following the last day of finals week, if the event occurs during the regular semester, or within thirty days following the last day of classes of the final summer session, if the event occurs during summer session.

(3) The local administrator must provide a copy of the complaint to the respondent and members of the student academic complaint committee within ten days of receipt of the complaint.

(4) The respondent has ten days from the date of receipt of the complaint, if the complaint was submitted during the fall or spring semesters, or ten days from the start of the next semester, if the complaint was submitted during the summer or winter breaks, to provide a written response to the local administrator, with a copy to the complainant and to the members of the student academic complaint committee.

(5) The student academic complaint committee is expected to conduct its review as expeditiously as possible. In no case, however, is the committee expected to conduct its review outside of the regular academic year (fall and spring semesters). The student academic complaint committee, through its chair, must forward a written recommendation to the local administrator within fifteen days of completion of its review.

(6) The local administrator will normally provide a written decision within ten days of receipt of the student academic complaint committee's recommendation.

(7) If either party decides to appeal the local administrator's recommendations, the appeal must be submitted in writing to the appropriate academic administrator at the next level of governance within ten days of receipt of the academic unit or regional campus decision. A copy of the written appeal must also be sent to the other party and to the local administrator of the academic unit or regional campus.

(8) Unless extensive further review is required, the academic administrator at the next level of governance shall normally provide a decision to the appellant within fifteen days. A copy of the decision shall be sent to the other party and to the local administrator.

(H) Records. The records and disposition of any complaint, including those appealed to the academic administrator at the next level of governance, shall be maintained by the academic unit or regional campus in a student academic complaint file for a minimum of seven years.

(I) Exceptions. It is recognized that, because of the nature of a complaint, or the possibility of persons normally involved in the process being subject to a complaint themselves, exceptions to these procedures may have to be made. In any such case, the matter should be brought to the attention of the office of the provost the case of complaints originating on the Kent campus, or the chief administrative officer for regional campuses in the case of complaints originating on a regional campus.

Last updated September 2, 2025 at 7:32 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.8

(A) Purpose. Students enrolled in the university, at all its campuses, are to perform their academic work according to standards set by faculty members, departments, schools and colleges of the university; and cheating and plagiarism constitute fraudulent misrepresentation for which no credit can be given and for which appropriate sanctions are warranted and will be applied.

(B) Definitions. As used in this rule:

(1) "Cheat" means intentionally to misrepresent the source, nature, or other conditions of academic work so as to accrue undeserved credit, or to cooperate with someone else in such misrepresentation. Such misrepresentations may, but need not necessarily, involve the work of others. As defined, cheating includes, but is not limited to:

(a) Obtaining or retaining partial or whole copies of examination, tests or quizzes before these are distributed for student use;

(b) Using notes, textbooks or other information, or content generated by internet-based generative artificial intelligence programs (HAI), in examinations, tests and quizzes, except as expressly permitted by the instructor in the syllabus, examination, test, or quiz;

(c) Obtaining confidential information about examinations, tests or quizzes other than that released by the instructor;

(d) Securing, giving or exchanging information during examinations;

(e) Using GAI to generate content in satisfaction of assigned coursework, except as expressly permitted by the instructor in the syllabus, or applicable assignment;

(f) Presenting data or other material gathered by another person or group, or by GAI, as one's own;

(g) Falsifying experimental data or information;

(h) Having another person, or GAI, take one's place for any academic performance without the specific knowledge and permission of the instructor;

(i) Cooperating with another to do one or more of the listed examples of cheating;

(j) Using a substantial portion of a piece of work previously submitted for another course or program to meet the requirements of the present course or program without notifying the instructor to whom the work is presented; and

(k) Presenting falsified information in order to postpone or avoid examinations, tests, quizzes, or other academic work.

(2) "Plagiarize" means to take and present as one's own a material portion of the ideas or words of another (e.g., person, persons, or GAI) or to present as one's own an idea or work derived from an existing source without full and proper credit to the source of the ideas, words, or works. As defined, plagiarize includes, but is not limited to:

(a) The copying of words, sentences and paragraphs directly from the work of another without proper credit;

(b) The copying of illustrations, figures, photographs, drawings, models, or other visual and nonverbal materials, including recordings, of another without proper credit; and

(c) The presentation of work prepared by another in final or draft form as one's own without citing the source, such as the use of purchased research papers.

(3) "Student" means any person admitted or enrolled at the university in any of its courses, programs, campuses or offerings, including, but not limited to, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit.

(4) "Cooperation" means participation or assistance for the mutual benefit of both parties or the sole benefit of one party.

(5) "Academic sanction" means any of the various sanctions specifically listed in this rule under paragraph (D) of this rule.

(6) "Instructor" means any person employed or appointed to teach in any course or program offering of the university, or a committee appointed to assess, evaluate, or grade a thesis, dissertation or work. Any decision by such a committee shall be by majority vote.

(7) "Chairperson" means the chief administrative officer of a department, school, or program whose position is that of a first organizational level academic leader with a teaching faculty.

(8) "Dean" means the chief administrative officer of a regional campus, college or independent school or equivalent.

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

(10) "College" means an academic unit headed by a dean and includes any independent school headed by a dean.

(11) "Independent College" means a college without subordinate departments or schools.

(12) "Regional campus" means any of the Kent state university system of community-oriented institutions.

(13) "Cheating/Plagiarism Sanction Form" means the form instructors fill out and distribute each time they impose a sanction on a student for cheating or plagiarism.

(14) "Plagiarism School Form" is the form signed by an instructor and student agreeing to a remedial, private session for a student sanctioned for plagiarism in return for a mitigation of the sanction.

(15) "Generative artificial intelligence program (GAI)" means any internet-based generative artificial intelligence programs that make use of large language model algorithms to make something new. AI used for auto-complete, minor text-predictions, and/or grammar/spelling/punctuation suggestions, commonly found in most word-processing applications, is not considered GAI.

(C) Intent and scope of the policy.

(1) In providing this policy, the university affirms that acts of cheating and plagiarism by students constitute a subversion of the goals of the institution, have no place in the university and are serious offenses to academic goals and objectives, as well as to the rights of fellow students.

(2) It is the intent of this policy to provide appropriate sanctions, to provide fair and realistic procedures for imposing those sanctions, to provide safeguards for any student suspected of cheating or plagiarism.

(3) This policy applies to all students of the university, graduate and undergraduate, full or part-time, whose conduct is of such a nature prohibited by the policy. Other offenses of a nonacademic nature are covered by the code of student conduct, rule 3342-4-02 of the Administrative Code and of this register.

(4) Ordinarily, students sanctioned under this policy may not seek to remove such sanction by invoking their rights under other university policies (such as the administrative policies addressing student complaints found in rule 3342-4-02.3 or 3342-8-01.4 of this Administrative Code) but may appeal a finding of responsibility and/or the sanction according to paragraph (F) of this rule.

(D) Sanctions.

(1) Academic sanctions. The following academic sanctions are provided by this rule for offenses of cheating or plagiarism. Instructors are to use the cheating/plagiarism sanction form to indicate which one of the following sanctions is to be imposed on the student. Instructors must send that form to the office of student conduct. For Kent campus instructors the form will be sent by the office of student conduct to the student, the instructor's department chairperson or dean, and the dean for the college in which the student is enrolled. For regional campus instructors the form will be sent by the office of student conduct to the student, and to the regional campus dean.

(a) Coursework. The following academic sanctions are provided by this rule for offenses of cheating or plagiarism. In those cases the instructor may:

(i) Refuse to accept the work for credit; or

(ii) Assign a grade of "F" or zero for the project, test, paper, examination or other work in which the cheating or plagiarism took place; or

(iii) Assign a grade of "F" for the course in which the cheating or plagiarism took place; and/or;

(iv) Recommend to the department chair or regional campus dean that further action specified in paragraph (D)(1)(b) of this rule be taken. The department chairperson or regional campus dean shall determine whether or not to forward to the academic dean or to the vice president for the regional campuses a recommendation for further sanctions under paragraph (D)(1)(b) of this rule.

(v) For students who have not previously been sanctioned for plagiarism, if the instructor and student agree, Plagiarism School could be provided as a means to mitigate the sanction (as described in paragraphs (B)(14) and (G) of this rule.)

(b) Degree. The following academic sanctions are provided for acts of cheating or plagiarism which so permeate the student's work that the effect is to compromise the validity of a degree. Such occurrences may be related, but not limited to, professional or graduate work. Sanctions which can be invoked by the dean of the college in which the student is enrolled or by the vice president for the regional campuses include those provided in paragraph (D)(1) of this rule; and/or

(i) Revocation or recommendation to decertify or not to certify; or

(ii) Rejection of the thesis, dissertation or work; or

(iii) Recommendation for revocation of a degree.

(2) Other sanctions. If the instructor feels, or the department chair or director, or dean where appropriate, that the offense is of such nature that the academic sanctions are an insufficient remedy, or that they are not available, he or she may initiate additional procedures by referring the matter in its entirety to the academic hearing panel defined in paragraph (I) of this rule, which can consider additional disciplinary sanctions. After the office of student conduct receives notification of a sanction via the cheating/plagiarism sanction form (see paragraph (D)(1) of this rule), the academic hearing panel will conduct a hearing to determine if the academic sanction applied by the instructor as well as additional disciplinary sanctions it deems appropriate will be assessed against the student. The following sanctions can only be imposed by the academic hearing panel following a hearing as set forth in paragraph (H) of this rule.

(a) Disciplinary probation. This sanction is one that places the student in serious jeopardy with the university. This sanction is invoked for a specified period of time. Notification of sanctions will be made to appropriate university offices, including the student's academic college or school. Students on disciplinary probation: might be subject to automatic dismissal or suspension if found responsible of any act of misconduct, including violation of the terms of the disciplinary probation.

(i) Might not be permitted to participate in an official non-curricular capacity such as intercollegiate athletics, intramurals, fine arts activities, or as an officer of a student organization, etc.

(ii) Might be restricted from entering or remaining in selected campus buildings or in specified university facilities.

(b) Disciplinary suspension. This sanction is one of involuntary separation of the student from the university for a specified period of time. Notification of sanctions will be made to appropriate university offices, including the student's academic college or school. Students suspended:

(i) If a sanction grade was assigned, it should remain on the transcript.

(ii) Might be required to leave the land and/or premises of the university effective the date of suspension. Permission may be granted by the vice president for enrollment management and student affairs for entrance to university premises for a specified purpose and time.

(c) Disciplinary dismissal. This sanction is one of involuntary separation of the student from the university. Notification of sanctions will be made to appropriate university offices, including the student's academic college or school. Students dismissed:

(i) If a sanction grade was assigned, it should remain on the transcript.

(ii) Might be required to leave the land and/or premises of the university effective the date of dismissal. Permission may be granted by the vice president for enrollment management and student affairs for entrance of the student to university premises for a specified purpose and time.

(iii) Shall be reinstated only by the provost, who shall establish criteria for readmission.

(d) Additional sanctions. Additional sanctions are the prerogative of the AHP. They may be mandated as part of the sanctions listed above. Some options that may be considered are as follows:

(i) Counseling;

(ii) No contact order;

(iii) Educative/rehabilitative program referral;

(iv) Monetary penalty (not to exceed two hundred dollars);

(v) Letter of apology;

(vi) Warning;

(vii) Persona non grata status;

(viii) Campus access restrictions; and/or

(ix) Other as deemed appropriate through the disciplinary process

(E) Procedures for invoking sanctions.

(1) Academic administrative procedures pertaining to paragraph (D)(1)(a) of this rule. In the event that an instructor determines that it is more probable than not that a student in a course or program under the instructor's supervision has presented work for university credit which involves an act of cheating, plagiarism or cooperation in either, then the instructor shall:

(a) Inform the student as soon as is practical of the belief that an act of cheating or plagiarism has occurred. If the student cannot be reached in a reasonable period of time, the instructor may proceed with sanctions, notifying the student in writing as promptly as possible of the belief and the procedural steps the instructor has taken.

(b) Provide the student an opportunity to explain orally, in writing, or both, why the student believes the evaluation of the facts is erroneous.

(c) If the explanation is deemed by the instructor to be inadequate or if no explanation is offered, the instructor may impose one of the academic sanctions listed in paragraph (D)(1)(a) of this rule. In addition, the instructor may refer the matter to the dean of the college, campus, or school in which the student is enrolled for imposition of academic sanctions listed in paragraph (D)(1)(b) of this rule.

(d) The instructor shall provide a copy of the cheating/plagiarism sanction form to the office of student conduct. That office will provide copies of the form to the student, the instructor's departmental chairperson, or, for independent colleges and regional campuses, the dean of the college or campus in which the instructor is assigned, the dean of the college or campus in which the student is enrolled, and the office of student conduct, listing the specific sanction assessed (as defined in paragraph (D)(1)(a) of this rule) and whether or not the instructor is recommending the imposition of academic sanctions listed in paragraph (D)(1)(b) of this rule to the appropriate dean (the dean of the college or campus in which the student is enrolled). The form also serves to inform the student of the right to appeal.

(e) The instructor shall keep the evidence of cheating or plagiarism in a secure place and provide it upon request to the department chair, independent college or campus dean, or the academic hearing panel. The instructor shall provide copies on request to the student at the student's expense.

(f) The instructor shall cooperate with academic and student conduct personnel in any appeal of the decision, and/or in adjudication of any disciplinary proceedings.

(2) Academic administrative procedures pertaining to paragraph (D)(1)(b) of this rule.

(a) With concurrence from the faculty member and the department chairperson, the academic dean or the vice president of the regional campuses may invoke sanctions specified in paragraph (D)(1)(b) of this rule.

(b) The recommendation for sanction, paragraph (D)(1)(b)(iii) of this rule, is made by the academic dean or the vice president for the regional campuses who forwards it to the provost, who must approve it and forward it to the president, who must approve it and forward it to the board of trustees for approval.

(3) Procedures pertaining to paragraph (D)(2) of this rule (non-academic, disciplinary sanctions).

(a) After receiving notification from the instructor that a sanction has been imposed and/or recommended in paragraph (E)(1)(d) of this rule, the office of student conduct will check to see if a sanction invoked by this code was previously imposed on the student. If it is determined that the student was previously sanctioned and was not successful in removing the sanction through the appeal process defined in paragraph (F) of this rule, the matter in its entirety will be referred to the academic hearing panel (AHP) (defined in paragraph (H) of this rule).

(b) The AHP will follow the process established in paragraph (F) of this rule to determine if the academic sanctions imposed by the instructor and/or dean are upheld and/or if disciplinary sanctions should also be applied.

(F) Academic appeals. All appeals for sanctions imposed as a result of this policy will be adjudicated by the academic hearing panel.

An appeal of a sanction imposed by an instructor or a dean must be filed with the office of student conduct by the student within fifteen working days of receipt of the cheating/plagiarism sanction form.

(1) Hearing.

(a) The burden of establishing by a preponderance of the evidence that cheating or plagiarism occurred is on the person who claims the act took place.

(b) The instructor shall provide documents, if any, in support of the decision and shall make a statement, orally, in writing, or both, of the facts and the basis for the decision.

(c) The student may make a statement in writing, orally, or both.

(d) Both the instructor and student may ask questions of the other at an appropriate time during the hearing.

(e) Both may present witnesses.

(f) Both have the right to hear all testimony and examine all evidence.

(g) At the hearing, the student may be accompanied by one other person of his or her choice. That person may act as an advisor to the student, but may not participate in the hearing procedure in any manner whatsoever. No party may be represented by legal counsel.

(G) Plagiarism school. As a means to address less severe cases of student plagiarism (acts that may be considered by the instructor to be unintentional), the instructor may request that the student attend a remedial, private session administered by university libraries regarding acceptable ways to document research.

(1) Plagiarism school will only be offered to students not previously sanctioned for plagiarism.

(2) Plagiarism school will only be offered if both the instructor, and student and representative from university libraries (the plagiarism school instructor) agree by signing the "Plagiarism School Form." The instructor will indicate on the form how the sanction will be modified in favor of the student if the student completes all activities identified on the form.

(3) A student's successful completion of plagiarism school does not in any way change the process of reporting acts of cheating and plagiarism according to this policy.

(4) Upon successful completion of plagiarism school, university libraries will notify the instructor so that he/she can mitigate the sanction as indicated in the form.

(H) The academic hearing panel (AHP) is a special hearing panel established to decide cases resulting from either a referral for disciplinary sanctions from instructors, chairs, directors, or deans (paragraph (D)(2) of this rule), when an appeal of a sanction imposed by an instructor or a dean, or when a determination has been made that a student has previously been sanctioned for an act of academic dishonesty pursuant to this policy.

(1) Composition. The panel shall be appointed by the provost: a minimum of ten KSU faculty, five having graduate faculty status (staggered, serving terms of two years), a minimum of five current KSU graduate students (serving a one-year term), and a minimum of five current KSU undergraduate students (serving a one-year term). The provost will appoint one faculty member as chair at the beginning of each fiscal year.

(2) Charge. For the purpose of holding a hearing, the chair will select a hearing committee of three AHP members (two faculty and one student). The committee selections should be based on graduate/undergraduate status (graduate faculty and student for cases involving an accused graduate student, undergraduate faculty and student for cases involving an accused undergraduate student) and be consistent with eligibility standards set in paragraph (H)(4) of this rule. The AHP will conduct hearings based on allegations of academic misconduct and determine if the accused student is in violation of this policy. Once the AHP has determined that a violation has been committed, the student will be assessed an academic sanction (as defined in paragraph (D)(1) of this rule or as defined in paragraph (D)(2) of this rule or a combination of both.) The severity of the offense and the student's overall behavior regarding academic honesty will determine the sanction(s) assessed against the student.

(3) Training. Annual training will be offered in a joint effort by persons appointed by the provost and the vice president for enrollment management and student affairs, and convened by office of student conduct.

(4) Eligibility. Faculty who are current instructors of the accused student, faculty of the instructor's department, and any student appointed to the AHP who shares a class, residence, or known affiliation with the accused student are not eligible to sit on the AHP hearing committee for that respective accused student.

(5) Records. All AHP hearings are closed to the public and are recorded, minimally audio, using current technological equipment available (i.e. DVD). All technological recordings shall be destroyed in accordance with university recordkeeping protocol.

(6) All matters pertaining to the conduct of the appeal hearing shall be under the sole authority of the academic hearing panel.

(I) Appeals.

(1) Students, faculty, and deans may appeal the decisions of the hearing board or officers to the provost. No additional appeal will be heard.

(2) Appeals are limited to the following reasons:

(a) The decision is not in accordance with the evidence presented;

(b) The decision was reached through a procedure not in accordance with this rule;

(c) New information is available which may suggest modification of the decision;

(d) Sanction(s) imposed were not appropriate for the conduct violation which the student was found responsible for;

(3) An appeal must be in writing, must state clearly the rationale for the appeal and must be submitted within seven calendar days of the date of the decision.

(J) This policy will be effective beginning with the fall 2012 catalog year

Last updated August 19, 2024 at 8:36 AM

History

  • Effective: August 19, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.102

(A) Purpose. The purpose of the general nonacademic grievance procedure for students is to ensure fair and equitable treatment for all students, eliminate unlawful discrimination and unwarranted dissatisfaction, and resolve problems that occur in the nonacademic area so that constructive educational and developmental relationships can be maintained. This policy does not apply to internal university processes and procedures that already have an established and written grievance or appeal process. However, this policy may be utilized when the student believes that such processes and/or procedures as written were not followed.

(B) Procedural standards.

(1) Level one. The immediate supervisor.

(a) The aggrieved student will bring the situation to the attention of the immediate supervisor of the aggrieving staff member within ten business days of its occurrence, explaining the nature of the problem and proposing a solution.

(b) After being verbally informed of the grievance, the supervisor will investigate and provide a solution or an explanation to the student within five days.

(c) In the event the supervisor fails to respond to the grievance within five business days or if the student is not satisfied with the response, the student may proceed to level two of the grievance process.

(2) Level two. The department/unit director.

(a) If the answer or settlement provided by the supervisor to the student does not resolve the grievance, the student will be allowed five business days to refer the problem in writing to the appropriate department/unit director.

(b) The student may also consult with the student ombuds to obtain advice in preparing the written presentation of the grievance.

(c) The department/unit director will provide a response to the student grievant within five business days of the department/unit director's receipt of the written presentation of the grievance.

(d) In the event the department/unit director fails to respond to the grievance within five business days or if the student is not satisfied with the response, the student may proceed to level three of the grievance process.

(3) Level three. The vice president for student affairs.

(a) If the student grievant is dissatisfied with the solution provided by the department/unit director, the student will have an additional five business days to appeal the grievance in writing to the vice president for student affairs. Upon receipt of the written appeal, the vice president for student affairs, or designee, will determine if levels one and two were appropriately followed and, if so, will:

(i) Seek further clarification of the grievance from the student.

(ii) Seek further clarification of the grievance from the department/unit director.

(iii) If necessary, schedule a meeting among the student, the department/unit director, and the vice president for student affairs, or designee. The vice president for student affairs, or designee, will record all proceedings of the meeting and may provide participants with a copy of the meeting summary upon request.

(b) If upon review under paragraph (B)(3)(a) of this rule, the vice president for student affairs, or designee, determines that levels one and two were not appropriately followed, the vice president for student affairs may remand the matter back to the appropriate level to ensure the correct process is followed.

(4) After careful consideration of all relevant facts and consultation with the appropriate vice president, if the grievance involves a department/unit in a division other than the division of student affairs, but within five business days of the conclusion of the steps provided for in paragraphs (B)(3)(a)(i) to (B)(3)(a)(iii) of this rule, the vice president for student affairs, or designee, will render a final and binding decision in writing to the student and department/unit director.

Last updated May 23, 2024 at 8:10 AM

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.4 Administrative policy and procedures regarding rights and responsibilities of student athletes.

(A) Scope.

(1) Every student who participates in intercollegiate athletics becomes thereby a member of a team. By accepting this privilege of team membership, student-athletes are responsible for conducting themselves so as to bring credit to the university, the department of intercollegiate athletics, their teammates or themselves. To that end student-athletes must conduct themselves in a manner befitting a representative of the university.

(2) Each student-athlete must comply with:

(a) Rules governing academic eligibility as established by the university, the NCAA, the MAC, or other appropriate governing body.

(b) All other rules and regulations for student-athletic conduct as established by the university, the NCAA, the MAC, or other appropriate governing body.

(c) Training and discipline rules established by the head coach and the department of intercollegiate athletics for the sport in which the student-athlete participates.

(3) By declaring themselves as a candidate for a team membership, they assume the following responsibilities, in addition to their regular responsibilities as students.

(B) Academic discipline.

(1) The student-athlete is subject to all rules for academic eligibility as required by the NCAA, MAC, and the university. These rules are on file in the offices of the director of intercollegiate athletics and of each head coach.

(2) The department of intercollegiate athletics does not view the student-athlete as an athlete. Their major purpose at the university is to obtain an academic degree. The athletic department has a great interest in the general welfare and academic achievement of every student-athlete. Because of this concern, the department has designated individual coaches to follow the academic progress of each student-athlete. In addition, the athletic department strongly recommends that each student-athlete establish communication with their faculty adviser within the student-athlete's area of academic major. The athletic department expects that each athlete attend all classes and perform all assignments, unless illness or other extreme emergencies arise. Further, the student-athlete is encouraged to consult with instructors on an individual basis concerning academic problems.

(C) Conduct discipline.

(1) The student-athlete is subject to all rules regarding student conduct established by the university. These rules are contained in the university policy register, and are also available in the office of the director of intercollegiate athletics.

(2) As a highly visible member of the university community, the student-athlete should strive to set an example for their fellow students in complying with the standards of behavior established by the university.

(3) As ambassadors of the university to the public, team members accept a higher standard of conduct than other students. Actions off-campus, including but not limited to violations of local, state, and federal laws, will subject the student-athlete to review for possible discipline and sanctions of this policy.

(D) Athletic discipline.

(1) The student-athlete is subject to the athletic disciplinary and training rules pertaining to their particular sport(s), as established by the head coach and the athletic department. Each head coach will inform the student-athlete involved on their squad of expectations relating to training rules. The coach and team members should come to an understanding about any issues relating to training rules.

(2) Each student-athlete is responsible for having read and being familiar with the rules outlined in this rule. The rules referred to regarding the NCAA, MAC or other appropriate governing body, are on file and available in the office of the director of intercollegiate athletics and may also be obtained from the head coach of each sport. The rules regarding training and discipline will be posted for the student-athlete to read at the time they try out for a sport.

(3) The establishment and recitation of the above rules do not set the limits as to the coach's authority to "coach a student-athlete." "Coaching a student-athlete" necessarily involves the coach's establishment of standards, expectations and goals; giving directions, guidance and orders; and the student-athlete's accepting and following them. The student-athlete is therefore expected to comply with the directives of their coach.

(4) A student-athlete is a public figure and their conduct, both on and off the field/court, reflects on themselves, their teammates, their coaches, and the institution. They are expected to conduct themselves so as to bring credit on the above.

(E) Infractions of rules.

(1) Failure to comply with any rules regarding academic or conduct discipline will subject the student-athlete to those sanctions contained in the general university policies including those which affect the privilege of participating in athletics. Such failure will also cause the student-athlete to be subject to all sanctions which may be imposed by the coach, the athletic director or designee, or the president or designee, when such failure is deemed to be detrimental to the team or the athletic program.

(2) Throughout the remainder of this rule, the phrase "university official" includes the athletic director or designee or the president or designee.

(3) Failure to comply with any rules regarding athletic discipline will subject the student-athlete to suspension or dismissal from the team.

(F) Procedure for appealing sanctions.

(1) Academic and conduct appeals. If the student-athlete alleges a violation of student rights in an academic, conduct, or financial aid sanction, they may seek redress under the procedures set forth in the general university policy under which they were sanctioned.

(2) Athletic appeals. The student-athlete is encouraged to maintain a continuing dialogue with their coaches in order to aid in the informal resolution of problems involving discipline or sanctions. However, only the following discipline or sanctions may be appealed beyond the coach:

(a) Suspension from the team

(b) Dismissal from the team;

(c) Any discipline or sanctions in retaliation for use of the appeals process; or

(d) Systematic use of discipline in an unreasonable or discriminatory manner.

(G) Athletic appeal procedures.

(1) The student-athlete and coach should make every effort to resolve the issue prior to instituting the formal appeals process. The student-athlete shall contact the coach within fourteen days after they knew or through the exercise of reasonable diligence should have known of the issue.

(2) The first recourse for the student-athlete is to appeal in writing to the head coach or university official imposing the sanction. The written appeal shall be filed within thirty days after the coach was contacted as defined in paragraph (G)(1) of this rule, or in the case of a university official, within thirty days after the student-athlete knew of the sanction or through the exercise of reasonable diligence should have known of the sanction. Such notice shall state the events upon which the appeal is based, the reason for the appeal, and the specific relief or remedy sought.

(3) The student athlete shall receive a written response within four working days after receipt of the appeal by the coach or university official.

(4) If no agreement is reached, the student-athlete may appeal to the athletic director. The athletic director shall give the student-athlete a written statement of their decision regarding the student-athlete's appeal within four working days following receipt of the appeal.

(5) If the sanction has been imposed by a university vice president or the university president, the student-athlete may bypass the level in paragraph (G)(4) of this rule and appeal directly to the ad hoc appeals committee.

(6) If no agreement is reached after the student-athlete has appealed to the athletic director, the student-athlete may make a written notice of appeal to the chair of the athletic committee within thirty days after receipt of the written response from the athletic director. The chair of the athletic committee shall notify the faculty representative for intercollegiate athletics, who shall establish the ad hoc appeals committee within five working days of the written notice of appeal by the student-athlete.

(7) The composition of this committee shall be as follows:

(a) Faculty representative for intercollegiate athletics as chairperson;

(b) One faculty member of the athletic committee to be determined by the committee chair. The individual should not be a member of the sport involved;

(c) One student member of the athletic committee to be determined by the committee chair. The individual should not be a member of the sport involved;

(d) One member of the intercollegiate athletic coaching staff not representing the sport of the student-athlete making the appeal, selected by the athletic director, and;

(e) One faculty member selected by the student making the appeal.

(H) Committee procedure.

(1) A hearing shall be held on the matter within five working days following the establishment of the appeals committee.

(2) The hearing shall be guided by the following procedures:

(a) The hearing shall be closed unless mutually agreed to be open by the student athlete bringing the appeal and the coach or university official imposing the sanction.

(b) The coach university official imposing the sanction shall make a statement, in writing, orally, or both, of the facts and the basis for imposing the sanction or discipline.

(c) The student athlete may make a statement in writing, orally, or both.

(d) Both the coach or university official and student athlete may ask questions of the other at an appropriate time during the hearing.

(e) Both may present witnesses.

(f) Both have the right to hear all testimony and examine all evidence.

(g) The student athlete may be accompanied by one other person of their choice. That person may act as an adviser to the student athlete, but may not participate in the hearing procedure in any manner. No party may be represented by legal counsel.

(h) All matters pertaining to the conduct of the hearing shall be under the sole authority of the chairperson of the appeals committee.

(3) Appeals committee decision.

(a) The appeals committee shall hear all the statements and have all the documents which support the claim.

(b) Following the hearing, the appeals committee shall prepare a short statement in writing of the facts as they are judged to be true

(c) The appeals committee shall, within ten working days make the decision and, in writing, provide a summary of the reasons for upholding, reducing, or dismissing the sanction.

(d) The chairperson of the appeals committee shall provide the student athlete with the statement of facts, decision and summary of the reasons.

(4) The decision of the appeals committee shall be final and not subject to further appeal.

Last updated May 23, 2024 at 8:10 AM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.12

(A) Policy statement. A leave of absence may be granted for degree seeking graduate students actively enrolled in courses for one or more semesters for personal, family, financial or other compelling reasons.

(B) Eligibility. To be eligible for a leave of absence, a student must be seeking a graduate degree, have completed at least one full term of enrollment prior to the date a leave is to begin, be in good academic standing and be making reasonable progress toward the degree.

Leaves will not be granted to students who:

(1) Have completed less than one full term of enrollment;

(2) Are not in good academic standing at the time the request is made; and

(3) Have received a previous extension of the degree time limit under this or any other policy.

(C) Implementation.

(1) Pre-request considerations. Prior to requesting a leave of absence, students should consider its potential implications for related matters including but not limited to: funding (assistantships and veterans benefits), loan repayment, immigration status, health insurance, university housing and future course scheduling and graduation issues.

Because of its direct relationship to student eligibility under certain visa regulations, students attending the university under the student and exchange visitor program (SEVIS) program should notify the office of global education before requesting a leave of absence under this policy.

(2) Time limit. Leaves of absence are granted for a maximum of three consecutive semesters (e.g., fall, spring, summer). Students may request an extension for maximum one additional semester. Although a leave may be taken for as many as twelve months, students are encouraged to return to graduate study as soon as is reasonably possible to minimize the impact of the leave on degree progress. The time taken on an approved leave of absence is not included in the time limitations for degree completion and advancement to candidacy for the doctoral degree. Refer to the college of podiatric medicine section in the university catalog for leave of absence time limits and procedures for requesting a leave of absence for the doctor of podiatric medicine degree.

(D) Procedures.

(1) Formal request. The request for leave of absence form must be submitted prior to the start of the term for which the leave is requested when the necessity for leave is foreseeable. If the leave is not foreseeable, the request should be submitted as soon as possible, but no later than the last day of classes in the term during which the leave is taken. A retroactive leave of absence will not be granted.

At the time of request, the student and the student's advisor should develop a plan to facilitate the student's re-admission to the program, including any conditions that must be met by the student prior to re-admission. A copy of the plan should be retained by both parties.

(2) Course withdrawal. Students who are registered for courses must drop or withdraw from all courses prior to taking leave. Course withdrawal does not negate a student's financial obligation, and students will be held responsible for all balances due to the university consistent with all applicable university policies. Any applicable refunds will be processed per rule 3342-7-06 of the Administrative Code.

(a) Course withdrawal is not permitted after the tenth week of the fall and spring semesters (or the prorated deadline for flexibly scheduled sections and summer terms).

(b) Students applying for a leave of absence after the course withdrawal deadline should address grading and course completion issues with their individual instructors. The university is not responsible for resolving grading and course completion issues on behalf of the student.

(3) Status during leave. Students on a leave of absence are not enrolled in any courses and therefore are not eligible for those rights and privileges afforded to enrolled students.

Students on leave of absence under this policy will not be permitted to fulfill any official department or university requirements such as taking qualifying exams or submission of a dissertation/thesis.

(4) If a student does not return to the graduate program within the approved period for which the leave of absence was granted, he or she will be considered as having permanently withdrawn from the university.

(5) Return from leave.

(a) A student who has taken leave provided for in the policy must complete the "application for graduate re-enrollment form" and return such form to the department responsible for the student's main program of study that the student will enroll in courses in the following semester. Failure to provide such notice may result in the student being unable to enroll in coursework.

(b) To be reconsidered for graduate study, students who have permanently withdrawn must formally apply to their program of interest, including the submission of an application, the non-refundable application fee and any necessary application materials.

(6) Students are advised to check with the bursar's office prior to taking an approved leave of absence in order to determine the status of their student accounts. Accounts that are overdue will be subject to regular procedures in accordance with university guidelines, notwithstanding any approved leave of absence.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-08.101

(A) Purpose. In compliance with the university policy regarding the collection, retention and dissemination of information about students, the administrative policy contained in this rule has been established.

(B) Enforcement.

(1) The enforcement of this policy will be the responsibility of each major executive officer of the university and the supervisor of any office which retains information about students. The Family Educational Rights and Privacy Act of 1974, as amended, will guide the application of this rule.

(2) The vice president for enrollment management will be the custodian and major executive officer of the university responsible for the implementation of this policy.

(3) Recommendations for alterations or additions to this policy may be made by appropriate student and faculty governing bodies to the office of the vice president for enrollment management. Questions of interpretation may also be directed to that office. The registrar will assist the vice president for enrollment management or designee in this responsibility.

(4) The registrar is required to maintain an up to date university records inventory of personally identifiable student records. The registrar should be consulted to review and approve all basic forms utilized for any mandatory data collections.

(C) Definitions.

(1) Student. A "student" is defined as a person who has been accepted into a program of study and has participated in any post-admission university sanctioned process to facilitate the registration of classes.

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

(D) Classification and collection of student educational records.

(1) The term "educational record" does include:

(a) The official academic record composed of documents and electronic files maintained by the office of the university registrar. The registrar is the official custodian of these records.

(b) Academic advising records are the materials maintained in the college and academic departmental office for use only in advising and/or preparing the recommendations for state certification. These are not to be confused with the aforementioned official academic record.

(c) Discipline records including notification, proceedings, results and action taken as a result of student conduct hearings, are maintained in the office of student conduct. The director of student conduct or designee is the official custodian of these records.

(d) Student financial aid records including application, parents' confidential statement, need analysis form, promissory note, employment and other related information are maintained in the office of student financial aid. The director of student financial aid is the official custodian of these records.

(e) The career exploration and development center records including student employment applications, resumes, letters of reference, employment records of work study students, and related information are maintained in the office of career exploration and development center. The executive director of the center is the official custodian of these records.

(2) The term "educational record" does not include:

(a) Records which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute;

(b) Police records which are maintained solely for law enforcement purposes;

(c) Records which are maintained solely in connection with a person's employment within the university unless the employment records are as a result of their status as a student; and

(d) Health-related records. Records that are: (i) created or maintained by a physician, psychiatrist, psychologist or other recognized professional or capacity, or assisting in that capacity and which are acting in that capacity; (ii) created, maintained or used only in connection with treatment of the student; and (iii) disclosed only to individuals providing the treatment.

(3) Collection of student information. Information which the university may wish to collect for student educational records through any of its offices, departments or agents directly from the student, whether prior to admission, at the time of entrance, or at any other time, should be viewed as falling into one of three categories, as follows:

(a) Directory information, which includes the student's name, local and permanent, major field of study, kent.edu email address, class standing (undergraduate/graduate; freshman, etc.), enrollment status (full/part-time), participation in officially recognized activities and sports, dates of attendance and degrees and awards;

(b) Restricted external, which includes any and all information contained in educational records not categorized as directory information. Such information may not be released except under the provision of this policy. Examples of restricted external information are social security number, date of birth, identification photograph, marital status, number of dependents, country of citizenship, , academic evaluations and standardized and other test scores;

(c) Restricted external and internal records are not classified as "educational records." This class of records is normally associated with special professional services such as mental health, physical health and law enforcement. The collection, use and dissemination of such information is controlled by separate policies.

(E) Release of information.

(1) Requests for information. All institutional personnel should be alert to refer promptly to the official custodian of the appropriate office any requests for information. Faculty members and the various institutional offices should restrict their responses to that information germane to their sphere of responsibility in relationship to the student, such as faculty advisor, major professor or academic dean. The existence of specific legislation permitting access should be determined before release of information and all releases must be consistent with FERPA and applicable local, state, and federal laws and regulations.

(2) Information contained in student records may be released under the following conditions:

(a) Directory information may be disclosed on an unlimited basis by the office of the university registrarin response to written requests.

(i) Directory information categories are published on the office of the university registrar web site. Students are notified each term via their "kent.edu" email address on their right to restrict the publication and release of directory information.

(ii) An opportunity for individuals to restrict the publication of directory information concerning themselves is available by making a written petition to the registrar. Students are notified each term via their "kent.edu" email on the right to restrict the disclosure of directory information.

(b) Restricted information may only be released with the student's written permission, with the exceptions allowed by law. Following are some of the more common exceptions for release of restricted student information.

(i) To school officials with the legitimate educational interest.

(a) School officials. Those members of the university community who act in the student's educational interest within the limitations of their "need to know." These may include faculty, administration, clerical and professional employees, university police, and other persons, including student employees or persons or businesses formally authorized to act for the university, who manage student education record information.

(b) Legitimate educational interest. For the purposes of agency 3342 of the Administrative Code, "legitimate educational interest" shall mean an educationally related purpose which has a directly identifiable educational relationship to students involved and underlies the request. More particularly, the following criteria shall be taken into account in determining the legitimacy of a university official's access to student records:

(i) The official must seek the information within the context of the responsibilities that he or she has been assigned;

(ii) The information sought must be used within the context of official university business and not for purposes extraneous to the official's area of responsibility or to the university;

(iii) The information requested must be relevant and necessary to the accomplishment of some task or to making some determination within the scope of university employment;

(c) Disclosure to a school official having a legitimate educational interest does not constitute institutional authorization to transmit, share, or disclose any oral information to a third party. An unauthorized disclosure of personally identifiable information from the education record of the student is prohibited.

(ii) To complete transfer admissions forms requested by the student.

(iii) If approved research studies are being conducted in such a manner as will not permit the personal identification of the student except to researcher;

(iv) If required by accrediting agencies in order to carry out their accrediting functions;

(v) If required by lawfully issued court order, subpoena or summons, upon the condition that students are notified of all such orders in advance of the compliance;

(vi) To appropriate parties if an actual, impending, or imminent emergency situation arises where the disclosure is deemed necessary to protect the health or safety of a student or other individuals pertaining to a significant and articulable threat, considering the totality of the circumstances; and

(vii) Parents of dependent students as defined in Section 152 of the "Internal Revenue Code" of 1954 may have access to their child's records provided they have demonstrated satisfactory evidence of the student's dependent status, and that the student be notified of all such requests in advance of compliance; except that release of information regarding a student's financial account to parents of a dependant student shall not require notification to the student.

(viii) Pursuant to the Family Educational Rights and Privacy Act, the office of the dean of students will send written notice to the parents of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession or consumption of any alcoholic beverages. The office of the dean of students may send written notice to parents of a student under twenty-one years of age when a first-time serious violation consists of:

(a) Alcohol negatively affecting the mental and physical well-being of oneself or others;

(b) Alcohol contributing to vandalism, assault, etc.; or,

(c) Alcohol contributing to a pattern of substance abuse.

(d) The university believes that parent notification is an educational measure that will provide students and parents an opportunity to appropriately deal with a potential problem that could result in serious academic, social, and personal health concerns.

(ix) Release to parties. The release of non-directory information to external parties without the student's consent must be recorded in the individual student file. The release of non-directory information to either external or internal parties must be accompanied by a warning that such information must not be passed on to fourth parties.

(F) Access to records.

(1) Student access. Students have access to their own educational records as described in this policy within a reasonable period of time not to exceed forty-five days of the request. All information in the educational records may be reviewed by the student except for:

(a) Financial records of the parents; and

(b) Confidential letters and statements of recommendation which are dated prior to the first of January, 1975.

(2) Waiver. A student may waive the right of access to these official records. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the university.

(G) Challenge to the content of the records. If, after reviewing their individual file, a student wishes to challenge a perceived inaccuracy, misleading statement, or other perceived violation of their privacy or other rights, the following procedure is available:

(1) The student shall be provided an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data and to insert into such records a written explanation. A student may challenge a grade only on the ground that it was inaccurately recorded, not that it was lower than the instructor ought to have awarded.

(2) If the official custodian of the records and the student agree that information is inaccurate, misleading or otherwise in violation of the student's rights, the official custodian of the records may make the necessary corrections or remove the information.

(3) Upon the request of either the official custodian of the records or the individual student, a hearing may be conducted to settle disputes.

(4) The registrar will serve as hearing officer. Should the hearing officer have a direct interest in the outcome of the hearing, the vice president for enrollment management will serve as hearing officer. The following guidelines are to be followed:

(a) The hearing shall be conducted and decided within a reasonable period of time following the request for hearing;

(b) The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised; and

(c) The decision of the hearing officer shall be in writing to the student, and inserted into the file within a reasonable period of time after the conclusion of the hearing.

(H) Review and destruction of educational records. All persons or organizational subdivisions of the university maintaining educational records must establish procedures for the regular and periodic review of all information for the purposes of ensuring its accuracy and continued usefulness and for the elimination of the unnecessary and unverified data. A copy of such procedures must be on file with the registrar. These retention schedules must be a part of the university retention schedule.

Educational records which are involved in a pending request for access may not be destroyed until access according to this rule has been granted.

(I) Complaints of violations of this policy may be directed to the registrar at registrar@kent.edu. In the event that the registrar is the subject of the complaint, communication should be directed to the vice president for enrollment management. Complaints will be reviewed and may include an investigation where appropriate. The grievance process will be concluded within thirty business days, but may be extended with notice in writing to all parties. If the registrar determines that a policy violation has occurred, they will make recommendations to the appropriate individual(s) and or department(s) regarding how the violation should be addressed, including possible modifications to procedures, training, and other appropriate remedies. Complaint findings will be provided in writing to all relevant parties. Other university processes, such as the academic complaint procedure, may be utilized concurrently with this process. Complainants also have the option of filing a complaint with the U.S. department of education's policy compliance office.

Last updated September 2, 2025 at 7:32 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.6 Administrative policy on mandatory immunization/screening of students.

(A) Purpose: This policy is established as a health and safety practice for the entire university community. Immunization of students will mitigate the risk of communicable disease outbreaks that can jeopardize the university community's health and well-being. University health services (DeWeese health center) is responsible for enforcing this rule.

(B) Definitions:

(1) Student. For the purposes of this policy, "student" is defined as any person who is enrolled for one or more credit hours at the university and who is attending classes at the Kent campus.

(2) International student. For the purposes of this policy, "international student" is defined as any person who is not a U.S. citizen, a permanent resident, or part of the Jay Treaty, who is enrolled for one or more credit hours at the university, and is attending classes at the Kent campus.

(C) Requirements:

(1) Measles, mumps, and rubella (MMR) immunization:

(a) All students enrolling for classes at the Kent campus, and born on or after January 1, 1957, are required to provide documentation of immunity against measles, mumps, and rubella.

(b) Students are required to submit documentation of measles, mumps and rubella immunity from a licensed health care provider to university health services (DeWeese health center) by Friday of the first week of the student's first semester of enrollment.

(2) Tuberculosis screening:

(a) All international students from countries having a high prevalence of tuberculosis, as designated by the world health organization, are required to provide documentation of freedom from tuberculosis.

(b) Documentation of freedom from tuberculosis, as determined by skin test or blood test within twelve months prior to the first day of classes, must be submitted to university health services (DeWeese health center) by Friday of the first week of the student's first semester of enrollment.

(3) Policy exemptions:

(a) Any student that is enrolled only for online classes, or enrolled only for classes at a regional Kent state university campus, or a site other than the Kent campus, or attending workshops that meet for two weeks or less in duration is exempt from the MMR immunity and tuberculosis screening requirements.

(b) Medical exemption from the MMR requirement may be is granted upon submission to university health services (DeWeese health center) of a licensed physician's statement that the student has a valid contraindication to MMR vaccine.

(c) Religious exemption from the MMR requirement may be granted if a student aged eighteen or older (or parent/guardian if student is under eighteen years of age), submits a signed religious exemption form to university health services (DeWeese health center)..

(D) Violation:

(1) Students who do not submit documentation of the required immunizations and tuberculosis screening by Friday of the first week of the student's first semester of enrollment, may be deregistered from classes for the remainder of that semester.

(2) In the event of an outbreak, as defined by the Ohio department of health, students who have not submitted documentation of immunity to measles, mumps and rubella may be excluded from campus as required by city or state public health authorities.

Last updated August 1, 2024 at 7:37 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.7 Administrative policy regarding promotion of mental health resources.

(A) Purpose. It is the purpose of this policy to provide expectations for establishing and advising students and staff of mental health programs and resources available on and off campus.

(B) Implementation.

(1) The university shall create, implement, and maintain the following:

(a) Student communication plans consisting of educational and outreach activities regarding mental health; and

(b) Postvention plans: strategic plans to communicate effectively with students, staff, and parents after a loss of a person to suicide.

(2) The university shall create and maintain a web page including the following:

(a) Crisis intervention access, including information for national, state, and local suicide prevention hotlines;

(b) Mental health program access, including information on the availability of local mental health clinics, student health services, and counseling services;

(c) Multimedia application access, including crisis hotline contact information, suicide warning signs, resources offered, and free-of-cost applications; and

(d) Information regarding educational and outreach activities regarding mental health.

(3) The university shall provide all incoming students with information about mental health topics, including depression and suicide prevention resources available to students. The information provided to students shall include available mental health services and other support services, including relevant student organizations.

(4) The senior vice president of student life is responsible for implementation and oversight of this policy.

Last updated August 1, 2024 at 7:37 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.101 Operational definitions and information regarding regulations for student behavior and administration of student conduct.

(A) Definitions.

(1) Accusation formal allegation of specific conduct violation(s).

(2) Adjudication the process by which the university conducts disciplinary meetings, hearings, or other actions, bringing matters to resolution.

(3) Administrative conversation - informal discussion with the director of student conduct (or designee) that is educational and informative in nature, and shall not result in binding decisions. An administrative conversation is considered a reasonable request.

(4) Administrative hearing - a student conduct process involving one Kent state university hearing officer. An accused student(s), an accused student organization(s), and complainant(s), a witness(es), and investigator(s), and conduct advisor(s), and support person(s) may participate for the puprose of rendering a determination of responsibility and sanctioning (if applicable); see rule 3342-4-02.1 of the Administrative Code.

(5) Appeal the method by which due process and/or a decision can be challenged; all appeals must be submitted in writing to the office of student conduct, and may only be considered if it is in accordance with the code of student conduct procedures.

(6) Complaint written or electronic statement or report provided from any person to the office of student conduct; not all complaints result in incident reports or adjudication through the student conduct process.

(7) Complainant a person, persons, unit/office, or student organization who submits a report alleging that a student or student organization violated university rules, regulations, or policies.

(8) Code of student conduct document that contains and explains university rules, regulations, policies, and procedures for addressing student and student organization behavior.

(9) Conduct advisor any person who advises a student or student organization regarding university policies or procedures. A student may have one person serving as a conduct advisor. A conduct advisor may participate in the questioning part of a hearing. If an accommodation is required for a rspondent or complainant, a person such as an interpreter, sign language communicator, or physcial needs assistant may attend a hearing and will not be counted as a conduct adviser.

(10) Conflict of interest

  • bias for or against any party in the student conduct process.

(11) Consent - an action defined as the voluntary, unambiguous and uncoerced agreement to participate in an act, the nature and full extent of which is understood by all parties. Silence or lack of resistance cannot be the sole factor in determining consent. Consent may be given verbally or nonverbally. All parties are responsible for confirming that their counterpart's consent is maintained throughout the act and is present before engaging in a new act. A person may be incapable of giving consent due to physical incapacitation, physical or mental disability, threat, coercion, the influence of drugs, or age.

(a) Coercion - when an individual unreasonably pressures another to engage in sexual activity, despite responses that the conduct is unwelcome or unwanted. Coercion includes elements of pressure, duress, cajoling, and compulsion. The pressure to participate may also be considered unreasonable when the pressuring individual is in a position of influence or authority over the other individual.

(b) Incapacitation - a state where a person lacks the capacity to reasonably appreciate the nature or extent of the situation because of their physical or mental status, developmental disability, or alcohol or drug use.

(12) Deliberation private meeting by a student conduct hearing officer/panel/administrative hearing officer to render a determination of responsibility and sanctioning (if applicable). A student conduct convener may be present during deliberation.

(13) Director of student conduct - staff member assigned with overseeing the office of student conduct. At regional campuses, this may be referred to by a different title, such as "student conduct coordinator."

(14) Disciplinary probation sanction specifying a period of time during which a student or student organization who has been found responsible for any violation may be subject to immediate disciplinary suspension and/or dismissal in the event of a subsequent violation.

(15) Disciplinary suspension sanction of involuntary separation of a student or student organization from the university for a specific period of time (a student may be assigned persona non grata status effective the date of suspension).

(16) Disciplinary dismissal sanction of involuntary separation of a student or loss of university-recognized student organization status from the university indefinitely (a student may be assigned persona non grata status effective the date of dismissal).

(17) Disciplinary record the record of a student conduct process and its findings; all disciplinary records are considered educational records based on the Family Educational Rights and Privacy Act (FERPA).

(18) Hearing officer any Kent state university faculty, staff, or student who has been appointed to a student conduct decision-making role by the director of student conduct and has been trained through the office of student conduct.

(19) Hearing panel a student conduct process involving at least two and no more than three Kent state university faculty, staff, or student hearing officer, and a student conduct convener. An accused student(s), an accused student organization(s), and complainant (s), a witness(es), and investigator(s) and conduct advisors, and support person(s) may participate for the purpose of rendering a determination of responsibility and sanctioning (if applicable); see rule 3342-4-02.1 of the Administrative Code.

(20) Incident report a complaint or information that is reviewed by the office of student conduct and may be adjudicated through the student conduct process.

(21) Interim action an immediate action determined by the senior vice president for student life (or designee) that may limit a student's or student organization's specific privileges, including but not limited to no contact order(s), restriction from specific facilities or locations, cease and desist mandates, participation in student organization business or activities, suspension of student status, or loss of university-recognized student organization status, etc.; see rule 3342-4-02.1 of the Administrative Code.

(22) Police/investigator University police services, other police agency representative, or non-police investigator (including office of compliance / Title IX representative) who may provide information resulting from an investigation.

(23) No contact order states that a student or student organization may have no direct or indirect contact with another person, student organization, or student organization member (including by another person on behalf of the person to whom the order was issued); prohibited contact includes but is not limited to making a contact by way of personal (verbal or non-verbal), physical, phone, and/or electronic means including social media.

(24) Persona non grata a student, student organization, or visitor who has been deemed detrimental to the university community and thus is not permitted to be present on Kent state university property or any or specified university locations.

(25) Preponderance of the evidence the standard in determining if a student or student organization is responsible for a violation; the complainant must show that it is "more likely than not" that the alleged behavior occurred and was in violation of university rules, regulations, or policies.

(26) Recognized student organization a group of students who go through the process outlined in rule 3342-4-11.201 of the Administrative Code and is registered (officially or as an interest group) referred to in the code of student conduct as "student organization."

(27) Report of finding written decision that explains the outcome of a student conduct hearing, or other action.

(28) Respondent a student or student organization that has been accused, informally or through an incident report, of violating university rules, regulations, or policies.

(29) Retaliation. A retaliatory action is any materially adverse action taken against a person because they participated in the process for reporting against a person because they participated in the process for reporting or in an investigation regarding complaints of prohibited conduct accusations. A materially adverse action is one that might deter a reasonable person from participating in the process. It may include, but is not limited to, termination, discipline, and harassment, but does not include petty slights, minor annoyances, or trivial punishment.

(30) Sanction requirements set forth upon a finding or individual / organizational acceptance of responsibility for a violation of university rules, regulations or policies through the student conduct process.

(31) Sanction hearing a student conduct process involving an accused student(s) and a hearing officer (and student conduct convener), where the accused student(s) has, prior to this hearing, accepted responsibility for accusations, and the hearing officer renders a sanctioning decision; see paragraph (C)(4)(a) of rule 3342-4-02.1 of the Administrative Code.

(32) Student any person who has applied to or enrolled at the university in any of its courses, programs, campuses, or offerings, including, but not limited to, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit; see rule 3342-1-01 of the Administrative Code.

(33) Student conduct convener director of student conduct (or designee) responsible for logistics and procedures associated with the student conduct process; the student conduct convener may simultaneously serve as a hearing officer.

(34) Student conduct process inclusive of all processes for students or student organizations from the time an incident report is referred to student conduct for adjudication through the conclusion of the appeal process in accordance with university policy and this code of student conduct.

(35) Support person - a student may have one person serving as a support person. A support person is an individual selected by either a compainant or respondent to provide support to the student through the conduct process. A support person may not participate in questioning. If an accommodation is required for a respondent or complainant, a person such as an interpreter, sign language communicator, or physical needs assistant may attend a hearing and will nt be countd as a support person.

(36) University - Kent state university as established in Chapter 3341. of the Revised Code.

(37) Warning - Sanction stipulating that inappropriate behavior, if repeated, may lead to a more severe sanction.

(38) Witness any person who has direct information regarding an alleged incident; and/or a professional with demonstrated experience (such as a licensed health care professional) in a field directly related to an element relevant to the hearing.

(B) Prohibited conduct. Students and student organizations are expected to abide by federal, state, and local laws and ordinances, as well as to adhere to all university rules and regulations contained in the university policy register. Any student or student organization found to have committed or to have attempted to commit the specified forms of misconduct is subject to sanctioning outlined in paragraph (C) of this rule. Prohibited student conduct accusations are assigned by a complainant(s) or the director of student conduct (or designee) and should include the specific of prohibited conduct the respondent is accused of violating. Adjustments to assigned prohibited conduct may be made prior to a hearing by the director of student conduct (or designee), with notice to the respondent and complainant as appropriate, in accordance with paragraph (C)(5) of rule 3342-4-02.1 of the Administrative Code. Violations include but are not limited to the following.

(1) Alcohol.

(a) Use or possession of alcoholic beverages except as expressly permitted by law, university rules, regulations, or policies.

(b) Distribution of alcoholic beverages except as expressly permitted by law and university rules, regulations, or policies.

(c) Public intoxication - being unable to care for one's own well-being or having a disruptive impact on the community due to the influence of alcohol.

(d) Violation of residence hall policies pertaining to alcohol listed in the hallways handbook.

(2) Animals. Possession or accompaniment of animals in any university building at any time. Exceptions include service animals, assistance animals, authorized laboratory animals, allowable pets within specific residence services guidelines, and any other applicable university rules, regulations, and policies.

(3) Complicity. Presence during any violation of university rules, regulations, or policies in such a way as to aid, abet, or conspire in the (attempted or carried out) violation.

(4) Computer/information technology misuse. Not in accordance with rule 3342-9-01 of the Administrative Code, including but not limited to:

(a) Use of computing facilities, computing equipment, software or networks to harass or defame any other person, create or knowingly propagate a virus, hacking, password cracking, unauthorized viewing of others files, willful modification of hardware and software installations, unauthorized monitoring, spamming, private commercial purposes, improper web publishing, or breach of electronic information security.

(b) Violation of the Digital Millennium Copyright Act of 1998.

(5) Controlled substances. Use, possession, sale or distribution of narcotics, controlled substances, and/or related paraphernalia except as expressly permitted by law, university rules or regulations.

(6) Destruction/misuse of property.

(a) Destroying, defacing, tampering with, materially altering or otherwise damaging property not one's own. This includes but is not limited to doors, windows, elevators, swipe card mechanisms, restroom equipment, vending machines, university vehicles, computer equipment, classroom equipment, etc.

(b) Creating a condition that endangers or threatens property not one's own.

(7) Discrimination. Action based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and military or veteran status that limits the group or individual's ability to participate in the university's educational and employment opportunities. See rule 3342-5-16.1 of the Administrative Code.

(8) Disorderly conduct. Actions that are disorderly, lewd, or indecent; and/or breach of peace; and/or aiding, abetting, and/or procuring another person to breach the peace or obstruct teaching, research, administration, or university activities or functions.

(9) Fire safety.

(a) Tampering with, or misuse of, fire alarms and/or firefighting equipment, including but not limited to: fire extinguishers, fire hoses, heat and smoke detectors, sprinkler systems, or other safety devices.

(b) Possession of flammable items, including but not limited to: candles, incense, or other items which maintain a purpose of being used in a flammable way.

(c) Arson. Causing a fire or explosion, or unauthorized use of any potential incendiary device / equipment.

(d) Violation of the residence hall policies pertaining to fire safety listed in the hallways handbook.

(10) Gambling. Gaming or betting for money or other possessions on university property or in any university operated or managed facility in violation of university rules, regulations, and policies. except as expressly permitted by law.

(11) Gender based discrimination. All persons are protected from unlawful discrimination.

(a) Pregnancy. Unlawful gender discrimination includes, discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.

(b) Gender identity. Regardless of an individual's actual or perceived sexual orientation, discrimination and harassment based on a person's gender identity, or non-conformity to stereotypes associated with a particular gender, is prohibited. This includes discrimination based on an individual's transgender identity.

(12) General safety. Failure to conform to university safety regulations, including, but not limited to, health/safety regulations issued by the president (or designee), residence halls policies outlined in the hallways handbook and campus laboratory guidelines.

(13) Harassment.

(a) Threatening or intimidating a person creating a rational fear within that person.

(b) Engaging in unwanted conduct or repeatedly committing acts directed at another person that would disrupt the educational process.

(c) Creating a condition that endangers or threatens the health, safety or welfare of another person.

(d) Physically restraining or detaining another person, or removing any person from any place where the individual is authorized to remain.

(14) Hazing. Doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in section 3719.011 of the Revised Code. This applies to any act, intended or carried out, whether or not the act is voluntarily agreed upon; see rule 3342-4-07 of the Administrative Code.

(15) Impaired driving. Operating a motor vehicle while under the influence of controlled substances and/or alcohol.

(16) Misrepresentation. Knowingly distorting or altering the truth when providing information to an official(s) carrying out assigned duties and responsibilities, including but not limited to: falsification of admissions application, possessing false identification, or falsification of documents provided to university faculty or staff.

(17) Physical violence. Punching, slapping, kicking, or otherwise striking any person(s); and/or other conduct which threatens or endangers the health, safety, and/or welfare of any person.

(18) Reasonable request. Failure to comply with a reasonable request of an official(s) carrying out assigned duties and responsibilities, including but not limited to a person instructing a class, a librarian or designee in a library, a police officer, or a residence services staff member.

(19) Recording privacy. Using electronic or other means to make an audio, video, or photographic record of any person in a location where there is a reasonable expectation of privacy, without the person's prior knowledge and written consent. The storing, sharing, and/or distributing of such unauthorized records by any means are prohibited. This includes but is not limited to: taking video or photographic images in showers/locker rooms, residence hall rooms, and restrooms.

(20) Residence hall policies. Failure to comply with residence hall policies outlined in the hallways handbook, including but not limited to guest/escort, room capacity, quiet/courtesy hours, misuse of university keys, facilities policies, improper room change.

(21) Sexual harassment. Conduct of the basis of sex that satisfied one or more of the following: unwelcome conduct determied by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university' education program or activity.

(a) Sexual assault, which includes the following:

(i) Rape (except statutory rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(ii) Sodomy. Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(iii) Sexual assault with an object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(iv) Fondling. The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent becuase of their age or because of their temporary or permanent mental or physical incapacity.

(b) Dating violence. Violence committeed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

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

(d) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

(22) Smoking and tobacco use. Failure to comply with smoking and tobacco prohibitions in accordance with rule 3342-5-21 of the Administrative Code.

(23) Student conduct process. Non-compliance with or misuse of the student conduct process, including but not limited to:

(a) Falsification, distortion, or misrepresentation of information before a student conduct hearing officer, hearing panel, or convener.

(b) Disruption or interference with the orderly procedures of a student conduct hearing.

(c) Attempting to discourage an individual's or student organization's proper participation in, or use of, the student conduct process.

(d) Attempting to influence the impartiality of, or to intimidate, participants in the student conduct process prior to, and/or during the course of, a student conduct proceeding.

(e) Retaliation against any individual who participates in a complaint of a violation described in this policy.

(f) Failure to comply with the sanctions(s) imposed under the code of student conduct.

(24) Theft. Using, taking, and/or possessing property or services that are knowingly not one's own (or owned by a student organization) and/or without permission of the owner.

(25) Trespassing/unauthorized entry. Knowingly entering or remaining in a building, office, residence hall room or any other properties at any time without appropriate permission or authorization.

(26) University grounds.

(a) Use of university space and grounds by an organization or person without reservation of the space or proper authorization.

(b) Operation or use of scooters, bicycles, skateboards, rollerblades, or other recreational items in any university building or facility; on any artificial or specially prepared surface including but not limited to tennis courts, running tracks and basketball courts; on a sidewalk, walkway, steps, or a stairway that duly interferes with pedestrian traffic and/or demonstrates a lack of necessary caution regarding pedestrian right-of-way; in a reckless or unsafe manner on university grounds.

(27) University rules. Violation of university rules, regulations, or policies.

(28) Weapons.

(a) Possession, storage, or use of firearms, explosives, other weapons, or dangerous chemicals on or in any Kent state university property, facility, or event; unless authorized by an appropriate university official or permitted by a university policy. This includes but is not limited to ammunition, brass knuckles, fireworks, airsoft guns, bb guns, paintball guns, pellet guns, pistols, rifles, shotguns, taser/stun guns, nun chucks, swords, etc. Any object not mentioned in this rule that is used to intimidate, threaten or harm may be considered a weapon.

(b) Possession, storage, or use of firearms, explosives, other weapons, or dangerous chemicals off campus that are prohibited by law.

(C) Sanctions. Sanctions are designed to be educational, restorative, and preventative. Sanctions may include but are not limited to:

(1) Alcohol, drug, and/or other education course;

(2) Community service;

(3) Counseling referral;

(4) Disciplinary dismissal;

(5) Disciplinary probation;

(6) Disciplinary suspension;

(7) Educational workshop;

(8) Letter of apology / reflection paper;

(9) No contact order;

(10) Persona non grata (PNG) status (campus access restriction);

(11) Residence hall restriction and/or room/hall changes;

(12) Revocation of student organization recognition;

(13) Restitution for damages;

(14) Warning; and/or

(15) Other as deemed appropriate.

Last updated August 1, 2024 at 7:37 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.201

(A) Purpose. A student group wishing to register will complete a registration form and submit this information to the center for student involvement.

(B) Procedures.

(1) Review. While this review is in process, the requesting group may schedule space for a maximum of two organizational meetings or informational activities pending official registration status.

(2) Notice. A center for student involvement staff member will determine if the information and registration materials fulfill requirements for registration and will make notification of the results within fifteen calendar days.

(3) Renewal. Registration is subject to annual renewal through submission of the updated information during the first four weeks of the fall term. Additionally, the center of student involvement must be notified any time during an academic year when new officers are elected.

(4) Affiliate members. The organization's constitution must state whether the organization accepts affiliate members. The center for student involvement provides relevant policies regarding affiliate membership to all student organizations as defined in rule 3342-4-11.2(B)(2) of the Administrative Code.

(C) Denial and rescission. Registration may be denied or rescinded for the following reasons by the center for student involvement:

(1) If any member (student or affiliate) places the organization in violation of the administrative policy regarding the registration of student organizations;

(2) If the proposed organization illegally discriminates against those seeking membership;

(3) If the organization fails to complete the registration process by the end of the fourth week of the fall term or by a later date set by a designee from the center for student involvement;

(4) If the organization has a university account with a deficit balance and has not made an adequate attempt to rectify the situation;

(5) If the organization no longer desires official registration status;

(6) If the organization has been responsible for violations of university policy.

(7) If the organization does not have a primary advisor as recognized by the university.

(D) Loss of Registration. Decisions regarding loss of registration will be made by administrative review and/or the student conduct process as outlined in rule 3342-4-02.1 of this Administrative Code.

(1) Loss of registration rescinds all privileges granted to a registered student organization. Members wishing to regain registered status must reinitiate the entire procedure outlined above. Renewal of registration is not guaranteed; evidence must be presented in reference to current chances for success of the organization.

(E) Student organizations and conduct process. The university is committed to the belief that students have a right to organize and participate in groups whose purposes center on the interests and goals of the individuals involved. Resolution of a student organization issue pertaining to an alleged violation of University policy will be addressed through the student conduct process. To make a formal complaint, a person with direct information about a student organization may go through a law enforcement agency, the center for student involvement designee, or the office of student conduct. The formal complaint process is outlined below. An informal complaint may be considered through the student ombuds, student mediation services as provided for in rule 3342-4-02.1(I) of the Administrative Code, or the dean of students.

(1) The dean of students may refer the information to the vice president for enrollment management or designee and student affairs (or designee) to initiate an interim action as provided for in rule 3342-4-02.1 of the Administrative Code at any time prior to, during, or after an allegation of inappropriate behavior involving a student or student organization.

(2) The dean of students may initiate an investigation based on allegations of inappropriate behavior (not addressed through the all-university hearing board as provided for in the university undergraduate student government charter codified as rule 3342-2-08 of the Administrative Code) by appointing an investigation committee. The investigation committee may be composed of faculty, staff, and/or students who do not have a conflict of interest with the student organization(s) under review.

(3) The investigation committee may ask any persons who they believe may have information regarding the alleged inappropriate behavior (student, non-students, advisors, etc.) to participate in the investigation process. The investigation committee will review to determine if the alleged inappropriate behavior may be in violation of university policies or procedures or may be detrimental or disruptive to the university community and/or prohibited by federal, state, or local laws or ordinances. On the basis of the information gathered through the investigation and by a preponderance of the evidence, the investigation committee will make a recommendation to the dean of students.

(4) The dean of students may choose to take one or more of the following actions:

(a) Refer for adjudication through the office of student conduct.

(b) Refer to the all-university hearing board within the jurisdiction provided.

(c) In accordance with this rule, the dean of student may authorize stipulations for non-conduct-related issues.

(d) End the investigation with no stipulations or formal referrals.

(5) A student organization and its officers and membership may be held collectively and individually responsible when violations of the code of student conduct by the organization, or its members take place. The dean of students may forward a student organization and/or individual members of a student organization alleged to have violated university rules, regulations, or policies to the office of student conduct for adjudication. If a student organization is forwarded to the office of student conduct for adjudication, minimally the president and vice president (or equivalent executive positions) are considered representatives of the student organization, and will be provided notice for participation in the student conduct process.

(6) Disciplinary hearings for student groups or organizations follow this rule.

(F) Any decision rendered under an appeal of an administrative action under this policy may be brought before the vice president of student affairs or designee within 10 business days of the decision. Any decision from an appeal shall be final.

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-1-01

As used in agency 3342 of the Administrative Code:

(A) Board. "Board" means the board of trustees of the university in which the government of the university is vested pursuant to section 3341.02 of the Revised Code.

(B) Chair. "Chair" of the board which is the same office as that referred to as "president" in section 3341.03 of the Revised Code.

(C) Instructional units. "Instructional units" means the department, schools, and colleges of the universities, in addition to other academic entities established for the purpose of providing instruction.

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

(E) University. "University" means Kent state university as established in Chapter 3341. of the Revised Code.

(F) Vice chair. "Vice chair" means the vice chair of the board which is the same office as that referred to as "vice president" in section 3341.03 of the Revised Code.

(G) Regular full-time faculty member. A faculty member with regular academic rank the sum of whose teaching, research, and/or administrative responsibilities and assignments constitutes fulltime employment (one hundred per cent full-time employment) at Kent state university.

(H) Full-time non-tenure-track faculty member. A faculty member whose employment contract is for a duration of one year the sum of whose teaching, research, and/or administrative responsibilities and assignment constitutes full-time employment (one hundred per cent full-time employment) at Kent state university but who does not hold an appointment in a tenure-track position.

(I) Regular academic rank. "Regular academic rank" denotes the expectation or possibility of indefinite tenure- instructor, assistant professor, associate professor, and professor, plus such descriptive honorific, or courtesy designations as "research," "university," "distinguished," and so forth.

(J) Student. "Student" means any person admitted or enrolled at the university in any of its courses, programs, campuses, or offerings, including, but not limited to, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit.

(K) Instructor. "Instructor" means any person employed or appointed to teach in any course or program offering of the university, or a committee appointed to assess, evaluate, or grade a thesis, dissertation or work. Any decision to such a committee shall be by majority votes.

(L) Chairperson. "Chairperson" means the chief administrative officer of a department, school, or program whose position is that of a first organizational level academic level with a teaching faculty.

(M) Dean. "Dean" means the chief academic officer of a college, independent school, regional campus or equivalent.

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

(O) College. "College" means an academic unit headed by dean.

(P) Regional campus. "Regional campus" means any of the Kent state university system of community-oriented institutions.

History

  • Effective: October 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-9-01

(A) Policy statement. The division of information technology shall serve as the responsible office for implementation, development, administration, security and support of university computer, network, application, telecommunications, or other information technology resources.

(B) The vice president for information technology and CIO is responsible for developing and implementing technology policies, standards and practices in furtherance of the university's mission.

History

  • Effective: January 1, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-16.1

(A) Purpose. This policy sets forth the expectations and responsibilities for maintaining a safe educational and employment environment free of discrimination and harassment. This policy prohibits discrimination and harassment based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and military or veteran status. Retaliation for reporting or participating in the complaint process is also prohibited.

(B) Definitions.

(1) Office of equal opportunity and compliance (EOC) and the office of gender equity and Title IX (Title IX office). The offices that administers this policy, including handling complaints of unlawful discrimination. Office of EOC has also designated "compliance facilitators" at each regional campus and in select university colleges and departments and the Title IX office has designated "deputy Title IX coordinators." These individuals may assist EOC or the Title IX office wiht investigations and other compliance-related matters. The director of equal opportunity and compliance serves as the ADA Title II and Rehabilitation Act Section 504 coordinator overseeing complaints of disability discrimination and requests for ADA accommodations. The director of gender equity within the division of student life serves as the Title IX coordinator overseeing pregnancy accommodations and unlawful discrimination on the basis of sex in university education programs or activities, in accordance with Title IX of the Education Amendments of 1972 and Title 34 part 106 of the Code of Federal Regulations.

(2) Complainant. The person, organization, or department that files a complaint with EOC or the Title IX office alleging that they have been discriminated against.

(3) Respondent. The person, organization, or department that the complaint is filed against. If the respondent serves in more than one role on campus (for example, a respondent who is both a student and an employee), the respondent's primary role in the occurrence of the alleged action shall determine which investigative path below shall be followed. Additional sanctions based on the respondent's secondary role may be considered as appropriate.

(4) Discrimination. Action based on a protected category that limits a group or individual's ability to participate in the university's educational and employment opportunities.

(5) Harassment. A form of discrimination. Harassment is defined as action taken without consent, based on a protected category, and either:

(a) Enduring the offensive conduct becomes a condition of continued employment, academic success, or benefit; or

(b) Sufficiently severe or pervasive so as to interfere with the individual or group's ability to benefit from university employment, services, activities or privileges.

(6) Protected category. The following personal characteristics are considered "protected categories." Discrimination is prohibited based on the following:

(a) Race;

(b) Color;

(c) Religion: sincerely held religious beliefs;

(d) Gender or sex. This includes discrimination based on gender identity, gender expression, gender non-conformity, and pregnancy. Gender or sexual harassment also includes the following:

(i) Sexual misconduct. Intentional sexual touching with any body part or object, that is without consent. This also includes:

(a) Sexual exploitation, defined as taking non-consensual or abusive sexual advantage of another for one's own benefit, or to benefit a third party; or

(b) Knowingly transmitting a sexually transmitted infection without consent.

(ii) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

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

(iv) Dating violence. Violence or intimidation committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(e) Sexual orientation;

(f) National origin;

(g) Ancestry;

(h) Disability. This category includes protections for individuals with a physical or mental impairment that substantially limits one or more major life activity; individuals with a record of such an impairment; or individuals regarded as having such an impairment. Complaints regarding a failure to accommodate a disability are also included within this procedure. (genetic information of an employee or an employee's family member);

(i) Age: over forty years old; and

(j) Military or veteran status.

(7) Consent. An action defined as the voluntary, unambiguous and uncoerced agreement to participate in an act, the nature and full extent of which is understood by all parties. Silence or lack of resistance cannot be the sole factor in determining consent. Consent may be given verbally or nonverbally. All parties are responsible for confirming that their counterpart's consent is maintained throughout the act and is present before engaging in a new act. A person may be incapable of giving consent due to physical incapacitation, physical or mental disability, threat, coercion, the influence of alcohol or drugs, or age.

(a) Coercion. When an individual unreasonably pressures another to engage in sexual activity, despite responses that the conduct is unwelcome or unwanted. Coercion includes elements of pressure, duress, cajoling, and compulsion. The pressure to participate may also be considered unreasonable when the pressuring individual is in a position of influence or authority over the other individual.

(b) Incapacitation. A state where a person lacks the capacity to reasonably appreciate the nature or extent of the situation because of their physical or mental status, developmental disability, or alcohol or drug use.

(8) Retaliation. A retaliatory action is any materially adverse action taken against a person because they, or someone they are associated with, engaged in an activity protected by this policy. Protected activity includes: (a) filing a good faith report or complaint of discrimination under this rule or under the law; (b) participating in the process for investigating complaints of discrimination made under this rule or the law; (c) complaining of or opposing discrimination as defined by this rule; or (d) requesting an accommodation in accordance with this policy.

(a) A materially adverse action is one that might deter a reasonable person from participating in the protected activity. It may include, but is not limited to, termination, discipline, and harassment, but does not include petty slights, minor annoyances, or trivial punishment.

(b) Identifying whether an adverse action occurred because of protected activity will vary based on each individual situation. Types of evidence that may point to a retaliatory motive, either on their own or together, may include: written or oral statements; the adverse action itself; proximity in time between a protected activity and an adverse action; changes in treatment of an individual after a protected activity occurred, especially as compared to other individuals; failing to follow established policies or practices; and inconsistent or shifting explanations for an adverse action.

(C) Eligibility. All students, faculty, staff, visitors, applicants, and university recognized student organizations. This policy will apply to incidents occurring on campus or within university-sponsored events and programs, and to incidents occurring off-campus if both parties are affiliated with the University through enrollment or employment at the time of the incident. Complaints within the purview of this policy must be filed with the office of EOC within thirty business days of the alleged harm (except complaints of sexual misconduct, stalking, domestic violence and dating violence).

(1) This policy does not apply to those specific complaints of sexual harassment that fall within the purview of Title IX and rule 3343-5-16.2 of the Administrative Code. The director of gender equity/Title IX coordinator or designee will review reports of discrimination and harassment to determine which policy is applicable. Title IX and rule 3342-5-16.2 of the Administrative Code applies to:

(a) Sexual harassment as defined by that policy

(b) Occurring in a Kent state university education program or activity, against a person in the United States; and

(c) Filed by a complainant who, at the time of filing a formal complaint, is participating in or attempting to participate in the education program or activity of the university with which the formal complaint is filed.

(D) How to file a complaint. An eligible person (as defined in paragraph (C) of this rule) who believes that they have been discriminated against by a university department, an employee, a visitor to campus, a student organization, or a student is encouraged to contact the office of equal opportunity and compliance to file a complaint by phone at 330-672-2038, or via email at compliance_equalopp@kent.edu. Matters involving gender equity can be filed with the Title IX office by phone at 330-672-7525 or at titleix@kent.edu. Complaints of retaliation follow this same process.

(1) The applicable office (EOC or the Title IX office) will first examine the allegations within the complaint to determine if they are within the purview of this policy. Complaints outside of the purview of this policy may be referred to another university process. The office may also decline to accept a complaint if they determine that the allegations, even if true, would not be a violation of this policy. If the office declines to accept a complaint, the party who brought forth the allegation will be notified in writing of this decision. This decision may be appealed using the appeal process noted in this policy.

(2) A complainant's consent is generally necessary before an investigation will be started. However, the office director (or designee) may determine that an investigation may move forward without the consent of the complainant, in the following situations: where the director (or designee) believes the safety of the university community may be at risk because of the circumstances of the allegations; for repeated allegations against a single respondent; or where the director (or designee) believes the alleged policy violations may affect a larger group.

(3) Anonymous or indirect reports will be reviewed to determine if enough credible information has been provided to substantiate an investigation. At the discretion of the director (or designee), the office may initiate an investigation without a specific complainant or close the complaint if the eligibility requirement [as defined in paragraph (C) of this rule] is not met.

(4) The university will make every reasonable effort to honor the confidentiality and privacy of all parties involved to the extent practicable and allowed by law. The office may be limited in its ability to investigate without permission to share relevant details. Alleged felonies may be reported to the police in accordance with Ohio law. The reporting party may make a report to law enforcement at any time.

(5) Remedial measures to eliminate harassment may be available regardless of whether a complaint is filed. Such measures may include modifications to academic, employment, and housing situations as appropriate. A no-contact order may be put in place if requested and would prohibit contact between both parties.

(6) If a respondent has more than one role with the university (for example, student and employee), the complaint will be handled in accordance with the context the respondent was in when the alleged incident occurred. At the conclusion of that process, EOC, the Title IX office, or office of student conduct may make additional recommendations or finding regarding the respondent's other role, as appropriate.

(7) If either party is a minor who is not an enrolled student, the minor's parents may be notified. If the allegations involve sexual misconduct, stalking, or violence, local law enforcement will be notified as well.

(8) Parties notified. The office will notify the respondent in writing when a complaint is made. If the respondent is a university employee, organization, or department, relevant supervisors and administrators will be notified of the complaint as well.

(E) Informal resolution. If both parties agree to do so, the office may attempt informal resolution of the complaint at any time prior to the issuance of the investigation summary report. This may include a meeting of both parties with the office representative to discuss the complaint and come to a mutual resolution; a mutual no-contact order; or some other voluntary resolution agreement. If an informal resolution is reached, it will be recorded in writing. Either party may choose to elevate the complaint to a formal investigation at any time, including if they feel the other party is not adhering to the agreement.

(F) Formal investigation. If informal resolution is not attempted or reached, the office representative will conduct an impartial, prompt and thorough investigation of the matter.

(1) The investigation may include, as applicable: interviews with both parties; interviews with anyone that may have relevant information about the complaint; and collecting and reviewing relevant documentation or other evidence.

(2) A formal investigation, including any of the resolution following steps, will be completed within ninety business days of filing a complaint. If more time is needed, the investigator will notify both parties in writing.

(3) Either party may have an individual of their choice accompany them through any stage of this process to provide support and guidance.

(4) The complainant may request to withdraw their complaint at any point prior to the resolution of the complaint. The complaint will be concluded at that point, without resolution, unless the director (or designee) elects to proceed with the complaint in accordance with paragraph (B)(2) of this rule.

(G) Formal resolution for student and student organization respondents. The matter shall be referred to the office of student conduct for adjudication per rule 3342-4-02.1 of the Administrative Code. If the respondent is a student or student organization, the investigator will notify the office of student conduct that a hearing panel should be convened and provide a report of their findings. For more detailed information regarding the hearing and appeal proceedings, see the code of student conduct.

(H) Formal resolution for employee, university department, and visitor respondents. The investigator will summarize any relevant information gathered as part of their investigation. The written disposition will include the investigator's determination of whether the non-discrimination policy was violated.

(1) The investigator uses a preponderance of the evidence standard in making this decision.

(2) If discrimination or harassment was found to have occurred, the disposition will include the investigator's recommended sanctions to prevent recurrence of any discrimination/harassment and to correct any discriminatory effects on the complainant and others, if appropriate.

(3) If the respondent is an employee or department, the respondent's department is responsible for determining whether they will accept and implement the sanctions recommended in the written disposition. The respondent's department must notify the investigating office (EOC or Title IX) in writing within fifteen business days after receiving the investigation findings if the recommended sanctions will be adopted. If not, the department must identify what other course of action will be taken regarding the respondent.

(4) If the respondent is a visitor to campus, the investigator may recommend the persona non grata process be initiated pursuant to rule 3342-5-12.7 of the Administrative Code.

(5) The decision may be appealed by either party, in writing, to the vice president of people, culture and belonging (or designee) or senior vice president for student life (or designee) for title IX investigations within seven business days, and a decision will be issued to both parties within thirty business days. An appeal may only be made on the following bases:

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

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

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

(I) Requirement to report. All employees of the university (except those health care professionals with statutory confidentiality requirements, when acting in their capacity as such) are required to notify the Title IX office all instances of possible gender/sexual harassment, sexual misconduct, stalking, and intimate partner violence within the purview of this policy that they are made aware of in their capacity as an employee. A report to the center for sexual and relationship violence support services (SRVSS) or Kent state police services satisfies this requirement. Employees are also expected to report to the office of equal opportunity and compliance of possible non-gender based discrimination or harassment they are made aware of in their capacity as an employee. With EOC office approval, university departments may create internal reporting structures that ultimately and promptly lead to the EOC office.

(J) Either party may file a seperate complaint against the university may also be filed with external agencies, including but not limited to: the Ohio civil rights commission, the equal employment opportunity commission, and the department of education office for civil rights.

Last updated September 2, 2025 at 7:32 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-07

(A) Policy statement. As part of its commitment to promoting a safe and healthy campus environment for the university community and cultivating a culture that fosters respect for the dignity and rights of all its members, the university does not tolerate hazing activities by any members of the university community.

(B) Scope. This policy applies to Kent state university students, student organizations, student groups, and employees. This policy also applies to volunteers acting in an official capacity that advise or coach student organizations and/or student groups and who have direct contact with students. Kent state university has jurisdiction under this policy whether the conduct occurs on or off campus, between two or more people who are affiliated with the university, or any student or other organization associated with the university.

(C) Definition. Pursuant to Ohio law under section 2903.31 of the Revised Code, ("hazing") is defined as doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in section 3719.011 of the Revised Code. This applies to any act, intended or carried out, whether or not the act is voluntarily agreed upon.

In addition to Ohio law, Kent state university defines "hazing" as any action or situation intentionally created, whether on or off university premises, to produce mental or physical discomfort, embarrassment, harassment or ridicule.

(D) Implementation. Kent state university students as individuals, members of registered student organizations or any other recognizable groups, teams, or associations of students are expressly prohibited from engaging in hazing. This may include but is not limited to intercollegiate athletic teams, bands, fraternities, reserve officer training corps, sororities, student clubs registered under rule 3342-4-11 of the Administrative Code, the undergraduate and graduate student governing bodies, and university housing student governing bodies.

(E) Enforcement. Enforcement of this policy is described in rules 3342-4-02.1 and 3342-4-02.101 of the Administrative Code.

(F) Sanctions.

(1) Students and/or student organizations. Students and/or student organizations accused of violating this rule are subject to disciplinary action under the code of student conduct, rule 3342-4-02 of the Administrative Code and this register.

(2) Violations of this policy by employees may result in corrective action or discipline in accordance with applicable university policies and procedures and/or collective bargaining agreements.

(G) Reporting. Hazing accusations can be reported to local law enforcement and/or the Kent state university dean of students at by email at odos@kent.edu or by phone at 330-672-8003. Anonymous reports are accepted; however, the university's ability to obtain additional information may be compromised and the ability to investigate anonymous reports may be limited.

Last updated January 3, 2022 at 10:14 AM

History

  • Effective: January 1, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-21

(A) Kent state university is dedicated to providing a healthy, comfortable and productive work and living environment for its employees and students. To this effect, smoking and tobacco use is prohibited on all Kent state university campuses and university property. This policy is not meant to replace or prevent adherence by the university community to the smoking prohibition requirements in Chapter 3794. of the Revised Code.

(B) Definition.

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

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

(C) Scope. All members of the university community are subject to this policy including employees, students, visitors, volunteers, patients, and customers. This policy applies to all university owned, operated, or leased property (collectively "university property"). Smoking or tobacco use in personal vehicles on university property will not be allowed.

(D) Implementation.

(1) The success of creating and maintaining a smoke-free and tobacco-free environment will depend upon the thoughtfulness, consideration and cooperation of the entire university community. All employees and students share in the responsibility for adhering to and enforcing this policy. Problems should be brought to the attention of the appropriate administrator, or in accordance with reporting guidelines provided by the Ohio department of health.

(2) The university will not advertise smoking or tobacco products on university property or at any university-sponsored event or university owned or sponsored media.

(E) Exceptions.

(1) FDA approved nicotine replacement therapy will be allowed (e.g., patches, gum, inhalers, and lozenges).

(2) Smoking or tobacco use may be permitted for controlled research, educational, clinical, or religious ceremonial purposes with prior approval of the appropriate administrator.

(F) Signage. Signage shall be placed appropriately on entrances and exits from buildings and structures on university property, including parking areas, and on university owned or leased vehicles.

(G) Enforcement.

(1) The success of this rule relies on the thoughtfulness, consideration, and cooperation of smokers and nonsmokers alike. Any student who repeatedly refuses to abide by this rule may be referred to student conduct. Repeat violations by any faculty or staff member shall be handled through normal employment procedures for violation of university rules and procedures.

(2) Visitors, contractors, and other individuals on campus who are in violation of this rule should be immediately reminded of and directed to comply with this rule. Continued violation of this rule may result in further action as deemed necessary by the appropriate administrator.

History

  • Effective: July 1, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-03 University policy regarding demonstrations, marches and speakers.

(A) Purpose. The university recognizes the exercise of the rights of expression, conscience, affiliation and peaceful assemblage. The university is equally mindful that a reasonable and orderly calendaring and assignment of university facilities, resources and personnel, consistent with the civil liberties expressed in the first amendment to the United States Constitution, are necessary in order to assure the pursuit of educational programs, to accommodate the needs of all persons, and to respect the rights of all members of the university community.

(B) In order to ensure the accomplishment of these purposes and to ensure the orderly conduct of classes and other functions of the university, specific administrative policy and operational procedure shall be established.

(C) The university neither permits nor forbids demonstrations off-campus by members of the university community. Persons demonstrating off-campus are reminded that they are expected to act in a manner that will conform to all national, state and municipal laws and ordinances. The university is particularly concerned that this responsibility be fulfilled when persons demonstrating off-campus identify themselves as members of the university.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-03.3 Administrative policy regarding posting handbills, and sound amplification equipment.

(A) General. The university reserves the right to regulate the time, place and manner of posting of printed material and the distribution of printed material and the use of sound amplification so as not to substantially disrupt the university functions of teaching, research, public service, administration, or authorized events. The university is not responsible for the content of the printed material being posted or distributed.

(B) Violations. The facility curator or other appropriate university official shall inform any individual or individuals or group who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual or individuals or group to sanctions under rule 3342-4-02 of the Administrative Code or the filing of criminal charges.

(C) Appeals. any individual, group or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the vice president for student affairs.

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-03.301 Operational procedures and regulations regarding posting.

(A) General posting procedure. The following procedures must be met in order to post on university bulletin boards. The facility curator is responsible for identifying the specific purpose of bulletin boards under their purview. Any posting not fulfilling the following requirements will be removed from the bulletin board by a member of the staff. All bulletin boards will be cleared at the end of every semester.

(1) One poster per bulletin board is permitted.

(2) The name of the organization sponsoring the poster must be clearly visible. The date of the event being advertised or a date at which the poster is considered to have fulfilled its function must be included. Posters are to be removed the day following the event by the sponsoring organization.

(3) In order to maintain the natural beauty of the campus and to preserve the quality of the buildings, trees and shrubs, there shall be no posting of notices or displaying of messages on any state property including, but not limited to, trees, buildings, utility poles or campus sidewalks. Posting is not permitted on woodwork, doors, windows, walls or bulletin board frames.

(4) In accordance with the state fire marshal's regulations, no poster, promotional materials or decorations may be suspended from any light fixture.

(5) There shall be no signs or promotional materials suspended across the corridors of buildings, displayed on or adhered to the outside of buildings, or between structures unless by special permission of the facility curator.

(6) Courtesy and respect for the freedom of expression by others dictates that posters are not to be marked on, destroyed or removed. Anyone discovered defacing posters will be subject to disciplinary action under rule 3342-4-02 of the Administrative Code or criminal charges.

(B) Specific posting procedures.

(1) Residence halls bulletin boards. . Posting procedures inside of university residence halls are established by the department of residence services, as posted at www.kent.edu/housing.

(2) Departmental bulletin boards. These are clearly marked as departmental, and no material is to be posted thereon without the consent of the chairperson of the department concerned.

(3) Employee bulletin boards. Employee bulletin boards are located adjacent to time clock facilities and are specifically reserved for the purpose of communication with employees. Postings on these bulletin boards require written approval of the personnel department.

(4) Union bulletin boards. Special glass-enclosed bulletin boards are provided for use by organizations representing university employees as the result of negotiated agreement. These facilities are for the exclusive use of the employee organization, and postings are regulated in accordance with the existing agreement between the university and the organization.

(5) Kent student center bulletin boards. These are reserved for specific purposes. The accepted guidelines will be posted on each bulletin board.

(C) Violations. The facility curator or other appropriate university official shall inform any individual or individuals or group who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual or individuals or group to sanctions under rule 3342-4-02 of the Administrative Code or to the filing of criminal charges.

(D) Chalking, as a means of expression and publicity for student organizations, is permitted on the campus.

(1) Chalking is permitted only on outside, horizontal, exposed surfaces where rain can wash the chalk away (only washable chalks may be used). Chalking is not permitted on vertical surfaces, buildings, under overhangs or on steps, posts, trees, tables, and the like. The university reserves the right to remove chalking at its convenience.

(2) It is the responsibility of the center for student involvement director or designee to enforce policies regarding chalking and report violations of these policies to appropriate university officials and offices.

(E) Appeals. Any individual, group or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the senior vice president for student life or designee.

Last updated August 15, 2024 at 10:33 AM

History

  • Effective: August 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-03.302 Operational procedures and regulations regarding flier and leaflets.

(A) A "flier/leaflet" is defined as any printed matter distributed by hand, such as separate sheets, small notices or advertisements.

(B) Fliers and leaflets may be distributed:

(1) Outside buildings so long as pedestrian and vehicular traffic is not substantially impeded.

(2) Inside the Kent student center, except

(a) Near (approximately ten feet of) any doorway or stairway or in any manner so as to create a safety hazard or impede normal traffic,

(b) On stairways,

(c) In food service and other retail sales areas,

(d) In meeting rooms (unless with permission of the group that has scheduled the event), or

(e) In restrooms.

(3) Inside other buildings, including residence halls, from behind reserved tables.

(C) Fliers and leaflets specifically may not be distributed:

(1) In any faculty or staff work area;

(2) On vehicle windshields;

(3) Inside classrooms, laboratories, libraries or offices; or

(4) Door-to-door or in corridors adjacent to student rooms in residence halls.

(D) Violations. The facility curator or other appropriate university official shall inform any individual or individuals or group who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual or individuals or group to of criminal charges.

(E) Appeals. Any individual, group or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the vice president for student affairs or designee.

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-03.303 Operational procedures and regulations regarding sound-amplification equipment.

(A) Purpose. The use of sound-amplification equipment on the Kent state university campuses is limited to registered student organizations registered with the center for student involvment and university departments.

(B) Scope. Student organizations registered with the center for student involvement and university departments are required to notify university events and conference services of the use of sound-amplification equipment.

(C) Procedure.

(1) Sound-amplification equipment may not be used at any time, in any place, or in such a manner so as to substantially disrupt the university's functions of teaching, research, public service or administration, or study and sleep in the residence halls, or other properly scheduled events.

(2) Sound-amplification equipment may be used in association with an event registered with the university events and conference services office.

(3) Sound-amplification equipment may be used in the areas listed below on the Kent campus between twelve p.m. (noon) and one p.m. Monday through Friday and between twelve p.m. (noon) and eight p.m. on Saturday and Sunday when the area has not been previously scheduled.

(a) On the Kent student center plaza and campus green;

(b) On the commons; and

(c) On manchester field.

(4) Administration and implementation of the sound amplification policy as applied on the regional campuses is the responsibility of each regional campus dean and chief administrative officer.

(5) Sound-amplification equipment may be used inside buildings only where specifically permitted by the rules governing the respective facility.

(D) Violations. The facility curator or other appropriate university official shall inform any student organizations registered with the center for student involvement, university departments, or unregistered persons who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual(s) or group(s) to sanctions under applicable university policies by affiliation to the university in agency 3342 of the Administrative Code or to the filing of criminal charges.

(E) Appeals. Any individual, group, or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the senior vice president for student life or designee.

Last updated August 15, 2024 at 10:33 AM

History

  • Effective: August 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-04 University policy regarding alcoholic beverages.

Purpose. The use, possession, or distribution of alcoholic beverages, including, but not limited to, beer and wine, on the property of the university must be in accord with state and local laws. Further limitations on the time, place or manner of use, possession, or distribution will be determined by the vice president for student affairs or designee.

History

  • Effective: September 26, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-04.1 Administrative policy regarding use and possession of alcoholic beverages by students.

(A) Purpose. In accordance with the university alcoholic beverage policy, the following administrative policy applies to the use, possession, or distribution of alcoholic beverages by students.

(B) Definition. For the purposes of this policy, the following definitions shall apply:

(1) Alcoholic beverage. "Alcoholic beverage" as used in this chapter refers to the liquids and compounds referred to and defined in section 4301.01 of the Revised Code as amended, including, but not limited to, "intoxicating liquor," "alcohol," "beer," "wine," "mixed beverages," and "spirituous liquor."

(2) Licensed areas. Campus facilities or areas within facilities where the use, possession or distribution of alcoholic beverages is permitted consistent with Ohio department of commerce permits obtained for those areas. The distribution of alcoholic beverages in these areas are managed by dining services and may be requested through dining services catering.

(3) Unlicensed areas. Those areas not covered by ongoing permits often including outdoor or residence hall areas. These areas may require a temporary permit, referred to as a F-permit through the Ohio department of commerce. F-permits are limited to the distribution of beer only.

(C) Scope and manner. Alcoholic beverages may be used only in the following locations and manner.

(1) Licensed areas. Individual consumption of alcoholic beverages in licensed areas is permitted consistent with Ohio department of commerce permits obtained for those areas. All applications for Ohio department of commerce permits for licensed areas must be approved by the senior vice president for finance and administration or designee.

(2) Residence halls. Individual consumption and possession of alcoholic beverages in residence hall rooms must be consistent with state law, residence hall policy outlined in the residence hall student handbook, and in accordance with the following guidelines.

(a) The use of alcoholic beverages in the university residence halls is based on the belief that if students are to learn responsibility, respect the law and rights of their fellow community members, they must be given a realistic opportunity to do so. Encouraging the development of self-discipline and individual responsibility in a group living situation is particularly important in a society characterized by continually changing mores and values.

(b) Residence hall staff members will work with students to make ongoing efforts to address and educate on the potential negative outcomes for students and community when alcohol is used illegally and/or irresponsibly.

(i) Prohibitions.

(a) The consuming and dispensing of alcoholic beverages in public lounges, recreation rooms or other public areas in a residence hall is prohibited unless such areas are designated by the executive director of residence services or designee as places suitable for social events where beer may be served.

(b) The possession and consumption of alcoholic beverages in open containers is prohibited in areas other than those designated in residence halls.

(c) The consumption of alcoholic beverages is restricted to the designated areas of residence units.

(d) The illegal use, possession, and distribution of alcoholic beverages and/or disorderly conduct due to inebriation are violations that will result in disciplinary action. Any individual involved with the sale or consignment of alcoholic beverages to minors is engaged in illegal activity and appropriate disciplinary action will be taken.

(3) Group functions. For events held in a licensed area, the distribution of alcoholic beverages is managed by university dining services. For events held outside of licensed areas, the sponsoring group is required to obtain an F-permit and is limited to distributing beer only at group functions must be consistent with the state and local laws as well as university regulations and must be registered with the office of campus life center for student involvement.

(a) The organization must require identification and proof of age before serving beer; only those twenty-one and above can be permitted to consume beer.

(b) Service and sale of beer ceases at one a.m., or at the time designated on the alcohol waiver (at least one hour before the end of the event).

(c) No beer may leave the registered event location.

(d) Room capacity of the registered event location must be adequate in regard to expected attendance; only public areas of the hall or dining area may be utilized. The organization will be responsible for damage and breakage of university property or violations of state and/or university regulations.

(e) Soft drinks, water, juice or other non-alcoholic beverages and substantial food must be provided. Substantial food includes light sandwiches, dips, meats, cheeses, and pizza. Avoid salty items like chips and popcorn. Solid foods high in protein help reduce the effects of alcohol.

(f) Only university students, faculty, staff and their guests may be admitted.

(D) Violation. Violation of university policy, regulations or state law subjects the violator to civil prosecution and/or university disciplinary action.

(1) Use, possession, and distribution of alcoholic beverages in academic/administrative buildings is prohibited unless specifically approved by the president or designee.

(2) The transportation of alcoholic beverages in open containers anywhere by any means on the campuses of the university is prohibited.

History

  • Effective: August 27, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-04.101 Operational procedures and regulations regarding use and possession of alcoholic beverages by students.

(A) Purpose. Group events at which beer is served and which are held outside the licensed areas must be registered with the center for student involvement ("CSI") and adhere to the following procedures.

(B) Initial scheduling procedures.

(1) Information must be provided on the site, which must also be reserved with the scheduling office if it is to be held outside a residence hall, name of organization, date and time and charges, if any.

(2) The forms provided must be signed by a representative of the group, its advisor or residence hall staff member and a member of the CSI staff before the registration is considered complete.

(3) At the time of the registration, the group will be informed of its responsibilities/ limitations by a member of the CSI or residence hall staff.

A copy of this information/registration form must be displayed at the site of the event; another copy will be kept in the CSI and/or the residence services office.

(4) For events held outdoors, the group may be required, at its expense, to have snow fencing erected. This requirement will be dependent on the location, time and number of participants expected at the event.

(5) Events at which an admission fee or charge for beer is made require the processing of an "F-Permit" application with the Ohio beverage commission. The CSI staff will help the group in processing this application, for which a charge is made. At least three weeks are needed to process this application. The center for student involvement will inform the Kent state university police department of all such events registered prior to the event

(C) Operational procedures for scheduling events serving beer.

(1) For residence hall students.

(a) Organization representative contacts resident director for appropriate paperwork. Three copies of the check list permit must be completed.

(b) Resident director discusses proposed event with student representative to insure compliance with check list items. Student representative and the resident director signs form indicating compliance with the check list including signed approval by the area coordinator and the director or residence services.

(c) Student representative delivers form to CSI three days prior to private party and thirty days prior to event requiring "F-Permit."

(d) If beer is to be sold or admission charged at the door, an "F-Permit" is required. The application for such a permit may be obtained at CSI. This application should be completed, signed by the resident director and the area coordinator, and returned to CSI thirty days prior to the event to insure processing in time for the event.

(e) The department of residence services will contact the university police informing them of the event. This will normally be done by forwarding a copy of the check list permit to the university police department.

(2) For organizations other than residence hall groups.

(a) Organization representative contacts CSI for appropriate paperwork. Three copies of the check list permit must be filled out.

(b) Organization representative discusses proposed event with faculty advisor to insure compliance with check list items. Faculty advisor signs form giving his/her indication that compliance with check list will be made.

(c) Student representative returns check list to CSI three days prior to private party and thirty days prior to event requiring "F-Permit."

(d) If beer is to be sold or admission is to be charged at the door, an "F-Permit" is required. The application for such a permit may be obtained at the office of campus life. This application should be completed and returned to the CSI thirty days prior to event to insure processing in time for event. CSI will forward this application to the appropriate state office.

(e) CSI will contact university police informing them of event. This will normally be done by forwarding a copy of the check list permit to the university police department.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-05 University policy regarding student housing.

(A) Purpose. Kent state university requires first-and second-year students enrolled for nine or more credit hours on the Kent campus to reside in the university's residence halls and participate in a residential meal plan. This requirement excludes summer sessions and is applicable until the attainment of junior academic standing (sixty semester credit hours) or the receipt of an exemption.

(B) Exemptions. Exemptions to this requirement must be requested through the process designated by university housing. Students not specifically granted an exemption prior to the first day of classes for the applicable semester may be considered in violation.

(1) Exemptions of up to one year may be granted to students who:

(a) Live and travel to class from the principal residence of their parent(s) or legal guardian(s) which is located within a fifty-mile driving distance from the Kent campus;

(b) Are active members of and live in a university-recognized fraternity or sorority house, as well as maintain the established standards set forth by the center for student involvement;

(c) Are offered an exemption through university housing; or

(d) Can demonstrate other acceptable extenuating circumstances

(2) Students not bound to the housing policy include those who:

(a) Are twenty years of age or older, having reached age twenty no later than the first day of classes for the applicable semester;

(b) Are married;

(c) Are single parents with primary child-rearing responsibilities;

(d) Are military personnel with one or more years of full-time duty;

(e) Have completed two full-time academic years (excluding summer) of college enrollment;

(f) Have attained junior academic standing;

(g) Have lived in college or university on-campus housing for four semesters or the equivalent; or

(h) Can demonstrate other acceptable extenuating circumstances.

(C) Verification. Students who are not bound by the housing policy may need to submit verification of their status upon the request of university housing.

(D) Procedure. Upon receipt, all exemption applications will be reviewed by the designated official of university housing. An approval or denial will be emailed to the student. If the student's request for exemption is denied, the student will have fourteen days in which to submit a written appeal to the exemption appeals board and may request a personal appearance before the board. All appeal decisions made by the board are considered final.

(E) Violation. Nonexempt first-and second-year full-time students not residing on campus will be considered in violation of this policy and may have their records placed on "ineligible hold" with the university, thus preventing future registration.

(F) Presentations of falsified information may be referred to the office of student conduct for further action.

(G) Consistent with the university's policy of non-discrimination, university housing provides equal access to its programs, facilities, and employment to all persons without regard to the protected categories as listed in rule 3342-5-16 of the Administrative Code, although there are some residence hall rooms pre-designated for individuals identifying as male and female and on the basis of accessibility.

Last updated July 27, 2023 at 8:48 AM

History

  • Effective: July 1, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-16

(A) Purpose. This policy prohibits discrimination and harassment based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and protected military or veteran status. Retaliation for reporting or participating in the complaint process is also prohibited. The university encourages an atmosphere in which the diversity of its members is understood and appreciated, free of unlawful discrimination and harassment based on the listed categories. Thus, all members of the university are expected to join in creating a positive atmosphere in which individuals can learn and work in an environment that is respectful and supportive of the dignity of all individuals.

(1) Definitions and processes for implementing this policy will be defined in rules 3342-5-16.1 and 3342-6-02 of the Administrative Code.

(2) This policy is intended to promote the university's commitment to equal opportunity. It is not intended to censor first amendment rights to express ideas and opinions on any topic provided that expression is not in the form of unlawful discrimination or harassment.

(B) Eligibility. This policy shall apply to all university programs and services including, but not limited to, the following: recruiting, admission, access to programs, financial aid, classroom instruction, academic progress/grading, and social, recreational and health programs, as well as employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other compensation, and selection for training.

(C) Responsibilities. The vice president for the division of people, culture, and belonging are jointly responsible for implementation of this policy.

Last updated August 29, 2025 at 7:48 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-05.1 Administrative policy and procedures regarding room entry and search in campus residence halls.

(A) Policy and intent. The university is not only concerned with the intellectual development of students but with their security and well-being. Occasionally, in order to maintain the general security and enforce regulations, room entry and room search become necessary in campus residence halls. The following policy is intended to outline a procedure for this realistic necessity while preserving as much as possible the integrity of individuals and their rights to privacy. These procedures follow accepted methods and are supported by many professional and student organizations. It should be clearly understood that the guidelines outlined are for internal protection and control; however, nothing herein can limit the ability of bona fide law enforcement or judicial agencies from seeking and obtaining legal search warrants for use on the university campus. The university and its members are not immune from normal citizenship requirements.

(B) Definitions. For the purposes of this policy, the following definitions shall apply:

(1) "Room entry" is to be defined as entrance to a student's room to fulfill the duties of authorized personnel.

(2) "Room search" is to be defined as a formal seeking out of evidence to reflect reasonable cause to believe that one of the conditions for room search has been violated.

(C) Conditions for room entry. Rooms can be entered only with reasonable cause to believe that one of the conditions for entry is satisfied. Occupants will be notified of the reason for any room entry. The following are the guidelines for room entry.

(1) A clear indication that established conduct standards or health and safety regulations are being violated. This requires the utmost care and sensitivity to the issue of maintaining privacy for the students in the residence hall setting. It is recognized that fruitless room entry can quickly destroy staff-student relationships.

(2) Periodic environmental health inspections are conducted by the environmental health and safety office and residence halls staff. The spirit of these inspections is for preventive and corrective action and is in no way designed to include room search.

(3) A student's room may be entered to ensure maintenance and general repair within the student's living area.

(4) A student's room may be entered in cases of imminent danger to health or safety.

(5) When fire drills are in progress, the residence halls staff, will inspect rooms to ensure that the hall is vacated.

(D) Procedure for room entry.

(1) No student room should be entered without knocking. Entry, following the knock, shall be preceded by a time lapse of sufficient duration to provide an occupant(s) with opportunity to open the door. This requirement shall also apply to maintenance personnel.

(2) A room should be entered in the absence of an occupant(s) only when an emergency exists or to provide maintenance or repair service.

(3) If it should be necessary under the conditions outlined for authorized university personnel or their agents to enter a room when an occupant is not present, the occupant(s) will be notified of the entry and the reason for the entry. Where entry is sought to make improvements or repairs, notice should be given the occupant(s) not less than twenty-four hours in advance. In emergency situations where imminent danger to life, safety, health or property is reasonably feared, entry should be made without advance notice.

(4) The privacy of an occupant(s) with respect to other students should be maintained when university personnel enter a student's room. Other students should not be permitted to enter the room in the absence of the occupant(s).

(5) Students feeling aggrieved by this policy may appeal directly to the senior executive director of university housing. The appeal should be in writing and presented to the senior executive director of university housing within ten business days of actual occurrence.

(6) The following personnel shall be authorized to enter residence hall student rooms under the conditions prescribed:

(a) Full-time professional staff members of the residence halls, excluding clerical personnel;

(b) Residence hall directors, and assistant directors;

(c) Full-time members of the residence halls maintenance staff;

(d) Full-time members of univeristy facilities management; and

(e) Nonuniversity personnel contracted to perform maintenance or repair services on behalf of the residence halls agents. In the absence of the residence hall director, a resident assistant may act in cases of immediate and clear emergency regarding health and safety. Other cases should be referred to the senior executive director of university housing.

(f) Police services personnel who may be requested to assist the above-mentioned authorized personnel to lawfully to take custody and possession of any contraband seized during a search. Police services personnel shall not initiate or actively participate in a search as described above without a court-ordered search warrant.

(E) Conditions for room search. Rooms will be searched only with reasonable cause, and the occupant(s) will be informed of the reason for any room search. A formal search permit will be required from the senior executive director of university housing. There are two basic situations which may precipitate administrative room search.

(1) A clear indication that the established code of student conduct or health and safety regulations is being violated.

(2) An emergency which makes it necessary for a staff member to search a room for a particular item, such as a discarded sleeping pill bottle or a particular telephone number or address. In emergency situations, word-of-mouth approval will suffice and a formal search permit will not be necessary.

(F) Procedure for room search.

(1) All room searches by residence halls personnel must be cleared with the senior executive director of university housing, except in the case of an immediate and clear emergency or danger to safety and health.

(2) In cases of clear violation of university policies, the senior executive director of university housing will submit a search permit to be presented by the authorized staff member entering an occupant's room.

(3) For internal operations not anticipating civil or criminal prosecution, the individual(s) or agency concerned must secure a search permit from the senior executive director of university housing. In cases of possible civil or criminal prosecution, it is the policy of police services to secure a legal search warrant, in accordance with the Ohio Revised Code requirements.

(4) When it is necessary for authorized university personnel or their agents to search a student's room when an occupant is not present, two qualified members of the residence halls staff must observe the search.

(5) The occupant should be given the opportunity to open drawers, luggage, etc., as required, during the room search.

(6) In the absence of reasonable cause for such action, a general search or a search of a number of rooms in a given area is prohibited.

(7) A student who believes this policy to have been violated may appeal directly to the senior executive director of university housing. The appeal should be in written form and should be presented within ten business days of the actual occurrence. In the absence of the senior executive director of university housing, the senior vice president for student life will receive the appeal.

Last updated August 1, 2024 at 7:38 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-05.2 Administrative policy regarding guests in the residence halls.

(A) Purpose. This policy shall govern, define, and provide rules for guests visiting the residence halls.

(B) Definitions. As used in this rule "guest" is defined as any person who does not currently reside in the residence halls. For the purposes of this policy, the eastway center is considered a dining space and is not defined as a residence hall.

(C) Criteria/scope/requirements/eligibility. This rule applies to any person visiting a residence hall facility but does not include authorized university personnel or registered conference guests.

(D) Implementation. The residence halls are a critical component of the university academic program. Students living in university owned on-campus housing have all the rights and responsibilities designated via their housing contract. Guests are permitted in the residence halls in accordance with the following:

(1) Guests must be escorted by a residence hall student host who resides in the building being visited.

(2) Guests must abide by all regulations specific to the residence hall being visited.

(3) Guests may be permitted when they are escorted by authorized university personnel.

(4) Guests may be permitted in administrative and business spaces located within the residence halls during posted public hours.

(5) Guests may be permitted during times when residence hall staff are sponsoring academic or programmatic events.

(E) Violations. Violations of this policy may result in a residence hall student hosting the guest, but not present with their guest, being held accountable. Guests who are found violating this policy where there is no residence hall student host may be restricted from further visitation or made persona non grata.

Last updated August 1, 2024 at 7:38 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-06 University policy regarding solicitation and sales.

(A) Purpose. To insure the orderly functioning of the university and to permit registered student organizations or university departments an opportunity to supplement their allocated resources, the university permits only these organizations and departments to engage in sales as a part of their legitimate service, educational or fund raising activities.

(B) Implementation. The implementation of this policy shall be the responsibility of the university administration. The appropriate office or offices will establish such administrative policies and procedures as are necessary for the systematic and orderly implementation of this policy. For purposes of expediency and consistency, student organizations, departments, and other university nonstudent organizations should follow the same administrative policy and procedures.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-06.1 Administrative policy regarding sales.

(A) "Sales" is defined to mean the activity of exchanging a product or service in return for money, goods, or other services.

(B) Sales among strictly the membership of a particular registered student organization or university department by that group or university department do not fall within the purview of this rule.

(C) It is the responsibility of the vice president for student affairs to develop operational procedures to implement this rule.

(D) Individuals may not sell among the general university population while on university property unless as part of a project sponsored by a registered student organization or university department.

(E) Sales are permitted inside buildings only from behind tables which have been previously reserved through the university scheduling office. Outdoor sales are permitted provided that free flow of traffic is not impeded. Door to door sales are expressly prohibited in residence halls and academic/administrative buildings. The sale of newspapers or other literature is permitted inside the Kent student center in common corridors consistent with rule 3342-4-03.302 of the Administrative Code.

(F) A member of the sponsoring organization or university department must be present at the sale site at all times. Members of student organizations and university departments directing or participating in the sale must be currently registered for classes or be employed by the university.

(G) The sale of food and ingestible products is governed by rule 3342-4-02.6 of the Administrative Code.

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-06.2 Administrative policy regarding sale and distribution of food on campus.

(A) Purpose. Registered student organizations, recognized residence hall groups, and university departments may sell or distribute food only if they do so in conformity with the following:

(B) Operational procedures.

(1) A sales and solicitation permit must be obtained and displayed, as outlined in rule 3342-4-11.5 of the Administrative Code.

(2) Sales or distribution of food may not take place in established food service areas which are: regional campus culinary operations locations with health licenses, Kent student center, university library, student center plaza, eastway, DI HUB, tri-towers rotunda, recreation center, and the residence hall dining halls.

(3) Sales in the established areas requires an approved food and beverage waiver. Sales in other areas require an approved food and beverage waiver for all events where sales or purchasing will exceed two-hundred dollars.

(4) Sale or distribution of light snack items for fundraising purposes.

(a) Light snack items such as donuts, rolls, cookies, and beverages not requiring refrigeration may be sold or distributed from behind reserved tables. Meat, meat spreads, cheeses, fish, fish spreads, cream products, meringues or other prepared foods may not be sold in this manner.

(b) Milk or milk products used as an additive to coffee or tea must be maintained under electric refrigeration at a temperature of forty-five degrees or less. Coffee lightener must be served in a covered container.

(c) All food must be individually wrapped or enclosed beneath plastic or kept in a covered box. All food shall be stored and displayed as to be reasonably protected from flies, dust and pollution caused by unnecessary handling or other contaminations. When the service is such that the customer serves themselves, proper serving utensils, such as tongs, must be provided. The organization salesperson is responsible for seeing to it that customers do not serve themselves by hand or in other inappropriate ways.

(d) The use of plastic and wood utensils is allowed. Individual, dispensable stirrers must be available.

(e) All food must be processed or prepared in a licensed food service operation or in an establishment or place meeting equivalent requirements of the Ohio department of health. In order to ensure the freshness of any commercially prepared food being sold, the organization must maintain receipts at the site noting date and place of purchase.

(f) The food sales site and all utensils and devices must be open to inspection at any time by university environmental control agents or appropriate university personnel.

(g) The selling and distributing organization is responsible for normal cleaning of the sales site at the end of the daily sale or distribution period, including proper wrapping of all perishable garbage and removal of all food crumbs or liquid spills.

(5) Sale or distribution of food items as part of a program must be in conformity with the following guidelines:

(a) Category one food examples are as follows: crackers; popcorn; chips; pretzels; pop; punch; coffee; tea; hot chocolate; S'mores; fresh fruit; orange juice; watermelon; nonalcoholic beverages; cider; bread; buns; popsicles; rice; candy bars; mints; caramel apples; fried vegetables; peanut butter; jelly; dried fruits and nuts; and syrup. Foods in category one require that the individuals handling the foods ensure that good personal hygiene practices be followed.

(b) Category two food examples are as follows: cookies; donuts; baked beans; cake; nachos/heated cheese; butter; brownies; condiments; fruit pies; canned soup; danishes; Christmas cookies; pancakes; and french fries. Foods in this grouping require clean areas of preparation and serving. This means that if the product is prepared in a kitchen, that area must be kept clean and free of potential contamination.

(c) Category three food examples are as follows: dip; vegetable trays; spaghetti; pizza; tacos; milk; pumpernickel-spinach dip; hot dogs; bacon; eggs; cider; bagel/cream cheese; subs; cold cuts; chili; hamburgers; and ice cream. Foods in this grouping require temperature control either through refrigeration or heating. These foods are products that can cause food illnesses if not kept at proper temperatures. Foods that need to be kept cool must be kept at forty-five degrees or below and cooked foods must be kept at one hundred forty-five degrees or above. Sale or distribution of foods in this category requires prior consultation with authorized departmental staff and university food service officials. If needed, the items in category three must be prepared by and obtained from a licensed food service vendor.

(d) Category four food examples are as follows: barbecued beef; roast beef; chicken; pork; potato salad; potluck dinners; chinese foods. Foods in category four are foods that must be prepared and served by a licensed food operation. These foods are not permitted to be prepared or served by individual organizations.

(6) Any food products that require refrigeration or that have been cooked that are left from the event must be properly discarded once they have been served.

(7) Packaged foods that have not been opened may be saved and reused.

(C) Request for waiver. A request for waiver of any part or provision of paragraphs (B)(4) to (B)(7) of this rule must be submitted in writing to the director of environmental health and safety by the appropriate representative of the student organization, residence hall group, or university department.

Last updated January 10, 2022 at 8:34 AM

History

  • Effective: January 10, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.5

(A) "Solicitation," in this rule, is defined to mean any effort to ask for donations or contributions of money, goods or services.

(B) Solicitations among strictly the membership of a particular registered student organization or university department by that group or university department does not fall within the purview of this rule but is governed by the group's or department's own regulations.

(C) It is the responsibility of the vice president for student affairs to develop operational procedures to implement this rule.

(D) Individuals may not ask for donations or contributions of money, goods, or services or written advocacy of a cause unless sponsored by a registered student organization or university department.

(E) Solicitation of money, goods or services is permitted inside buildings only from behind tables which have been previously reserved through the university scheduling office.

(F) Written advocacy of a cause may be conducted inside buildings consistent with rule 3342-4-03.302 of the Administrative Code. Outdoor solicitations are permitted provided that free flow of traffic is not impeded. Door to door solicitation or solicitation in food service areas are expressly prohibited.

History

  • Effective: November 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-06.101 Operational procedures and regulations regarding sales.

(A) Purpose. Any registered student organization or university department wishing to engage in sales or fund raising on campus shall contact the center for student involvement ("CSI") to obtain a university sales permit. CSI will evaluate the sales request based on the purpose of the activity and the overall financial structure of the organization.

(B) Criteria. A student organization or department representative shall deposit with CSI an account of the names of the individuals directing sales or fund raising, the time period for the activity, the use of the revenue, the method, and the location of the activity. This material shall be public record in CSI.

(C) Procedure.

(1) Notice. Student organizations and university departments are required to display a university sales permit at the sales site.

(2) Identification. A validated university identification card of the student or students or staff present and directing or participating in the sale is required and must be shown upon request by a university staff member.

(3) Failure to display. Anyone engaged in sales on the university campus without a valid sales permit, clearly displayed, will be notified to cease operation and abandon the premises. In cases where individuals refuse to leave the premises after notification, the notifying university staff member involved will take appropriate action.

(4) Registration. During the registration process with the center for student involvement, the student organization or university department will:

(a) File for a university sales and solicitation and joint venture agreement permit.

(b) Present CSI with a copy of a state of Ohio vendor's license when outside vendors are involved in directing or participating in the sale.

(c) Make arrangements to obtain a space with the scheduling office.

(5) Outside vendor. Student organizations and university departments engaging the services of an outside vendor will be required either to:

Make arrangements with the vendor for a one hundred dollar per day facility rental fee and a minimum one hundred dollar per day sponsorship fee to the organization or department, in advance of scheduling space on campus for the vendor. These fees must be submitted at the time of scheduling.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-08 Univeristy policy regarding parking regulations.

(A) Preamble.

(1) The general assembly of the state of Ohio has granted the board of trustees the authority to create parking and traffic regulations to control the use of all vehicles on university property.

(2) This rule having been duly approved by the board of trustees is legally enforceable by the duly appointed enforcement officers of the university.

(3) All applicable statutes of the "Ohio Motor Vehicle Code" shall apply to all owners and/or operators of motor vehicles on university property.

(4) Parking services is a university auxiliary service. Generated income shall be used for the operation of parking services, the maintenance and improvement of existing parking areas and the construction of additional parking areas.

(5) All persons on university property must comply with all provisions of these regulations and any lawful order of any duly appointed enforcement officer of the university.

(6) Parking credentials are and shall remain the property of Kent state university. A duly appointed enforcement officer of the university may enter a locked vehicle and confiscate a parking permit in cases of continued violations of any section of the parking regulations or for any violation of paragraph (E) of this rule.

(7) A duly appointed enforcement officer of the university may have a vehicle removed if found parked in violation of any of these regulations. Vehicles may be towed or booted for unpaid tickets even though legally parked at the time.

(8) Parking services is authorized to install parking control signs on university property as it deems necessary.

(B) Registration for parking.

(1) All employees and students of the university must register their vehicle(s) and obtain valid parking credentials through parking services to park on campus.

(2) All parking credentials must be displayed as directed by parking services.

(3) Parking credentials are only valid for vehicles that are operable and display a current license plates..

(4) Kent state university parking credentials may only be sold by and purchased from parking services exclusively and cannot be resold.

(5) Employees who park their vehicles on university property other than in the free parking area will be charged for their parking credential. Employees covered by a collective bargaining agreement will be charged for their parking credential in accordance with the terms of the bargaining agreement.

(6) For employees choosing not to pay for parking, a free parking area is provided. All vehicles parked in this area must obtain the appropriate parking credential student employees hired through career services in accordance with rules 3342-6-25 and 3342-6-25.1 of the Administrative Code are not eligible for free parking.

(7) University students will be charged for their parking credential in accordance with established rates.

(C) Prohibited parking and driving.

(1) No person operating a motor vehicle on university property shall fail to comply with the provisions of officially-posted parking signs or markings unless otherwise directed by a duly appointed enforcement officer of the university.

(2) No person while operating a motor vehicle on university property shall drive off the designed roadway onto grass or other surface unless specifically directed by a duly appointed enforcement officer of the university.

(3) No person operating a motor vehicle on university property shall park or remain stationary:

(a) On a sidewalk.

(b) On a campus lawn.

(c) In front of a drive.

(d) Within an intersection.

(e) Within ten feet of a fire hydrant.

(f) On a crosswalk

(g) Within any traffic or bus lane.

(h) Blocking a handicap ramp.

(i) Beyond the designated space for parking such vehicle.

(j) Over the time limit allowed by permit restrictions or posted signs.

(k) Against the flow of traffic.

(l) At an expired meter during posted hours.

(m) Without obtaining proper parking credentials or unless otherwise authorized.

(D) Responsibility. Any ticket issued against a vehicle parked in violation of these regulations will be the responsibility of the registered credential holder, unless the credential was previously reported lost or stolen. If the vehicle does not display a valid parking credential and the operator is not known, the ticket will be the responsibility of the vehicle owner.

(E) Misuse of parking credentials.

(1) No person shall make, possess or display an altered or counterfeit credential.

(2) No person shall possess or display a stolen or found credential or give said permit to another person knowing that the credential was reported lost or stolen.

(3) No person shall knowingly give false information in application for a credential or in the reporting of a lost or stolen credential.

(4) No person shall use a credential for any purpose other than that for which it was intended.

(5) No person shall purchase or furnish a credential to another person who is not authorized to have that credential.

(6) No person shall fail to surrender any credential or gate card to parking services on demand.

(F) Parking privilege suspensions and fines.

(1) A person found in violation of this rule shall be assessed fines in accordance with the amounts and/or schedules published in the university fee register. All fines must be paid by the person found in violation of this rule within seven calendar days after the date of issuance of the ticket in the manner provided for by parking services.

(2) Parking ticket appeals must be submitted online, within seven calendar days of the issuance of the ticket. All appeals will be reviewed by parking services. Once a decision has been made regarding the appeal, the individual will be notified.

(3) If the fine for the parking ticket is not paid or appealed within seven calendar days after issuance, one or more of the following actions may be taken:

(a) Application for renewal of parking credentials may be denied.

(b) Vehicle may be towed or booted at the expense of the violator/owner.

(c) Transcript of academic records may be withheld.

(d) Permission to register for classes may be denied.

(e) Parking privileges may be suspended until all past fines are paid, and vehicle towed or booted immediately if found parked on university property.

(4) Parking services may suspend parking privileges for up to one year for the continued violation of any paragraph of this rule or for any violation of paragraph (E) of this rule.

(5) Any person who parks a vehicle on Kent state university property after their parking privileges have been suspended by either parking services or the office of student conduct shall be towed or booted at the expense of the owner/violator.

(6) In addition of the fines provided for in paragraph (F)(1) of this rule, persons violating any of the regulations set forth herein this rule and of the Administrative Code may be charged under applicable state statutes and/or may be referred to student conduct or the appropriate vice president.

(G) Validity of regulations. If any provision of this rule, or any part thereof, shall for any reason be held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect any other provision hereof and the remaining provisions of this rule shall be construed and enforced as if such illegal, invalid or unenforceable provision were not contained herein and each of the remaining provisions hereof shall continue to be effective and operative to the full extent permitted by law.

(H) Temporary modifications. The director of public safety is granted the authority and responsibility for temporarily modifying certain provisions of this rule under extraordinary or unusual circumstances when such modification is in the best interest of the university.

History

  • Effective: March 18, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-25

(A) Policy statement. It is the policy of the university to employ actively enrolled undergraduate and graduate students in order to further the mission of the university, to provide opportunity for financial assistance and to provide meaningful work experience. Such employment will be on a part-time basis and should support a student's academic progress. Furthermore, such employment is not intended to reduce full-time job opportunities for classified or unclassified employees. The employment of students shall be consistent with applicable federal and state laws and statutes governing employment practices.

(B) Eligibility. This policy applies to employees whose status as a student is a requirement of employment. An individual who is currently employed as a member of the faculty, a classified or unclassified staff member or a graduate appointee is typically not eligible for student employment.

(C) Appointing authority. The executive director of career exploration and development serves as the appointing authority for all student employees. This position is responsible for establishing eligibility criteria and procedures for student employment including offers, modifications, and terminations of appointment for employees.

History

  • Effective: July 1, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-08.1 Administrative polcy regarding parking regulations.

(A) Parking credentials.

(1) Faculty and staff will be issued faculty/staff lot credentials on a first-come, first-served basis dependent upon available space. Faculty/staff credentials are not to be used by anyone other than the university employee.

(2) Students with thirty or more credit hours will be issued either residence hall lot credentials or commuter lot credentials by class standing on a first-come, first-served basis dependent on available space. Freshmen students (less than thirty credit hours) must purchase or display a parking credential for Dix stadium, Summit East or the Allerton sports complex lot unless otherwise authorized.

(3) Employees and students who choose to park a vehicle on university property may be limited to the purchase of one credential dependent upon available space.

(B) Special credentials and fees.

(1) Temporary replacement credentials. Any credential holder who fails to display a valid permit is required to immediately obtain a one-day replacement credential from parking services at no cost.

(2) Service permits. Departmental service permits will be issued to departments upon request in accordance with demonstrated need and available spaces. Authorization for service permits may be required from the appropriate vice president. Departments will be charged an administrative fee for each service permit issued. A service permit may only be used with a valid Kent state university parking credential. Holders of service permits may park in designated service spaces for a period of thirty minutes unless otherwise posted, or in any faculty/staff or student parking space for the amount of time needed to conduct official university business except E-1, state, metered, disability, and motorcycle spaces or where signs prohibit.

(3) Vendor and construction credentials. Companies and individuals who regularly conduct business with the university must register for vendor and construction parking credentials at parking services. There is an administrative fee for vendor and construction credentials. Holders of these credentials may park only as directed by parking services. Kent campus faculty, staff and students are not eligible for vendor or construction credentials.

(4) Retiree credentials. Retiree credentials are issued to those employees who have officially retired from the university. Retiree credentials are not to be used by anyone other than the retiree. Holders of these credentials may park as directed by parking services.

(5) Disability credentials. Persons with a temporary or permanent physical disability who require special parking consideration must obtain a state disability placard as well as a valid Kent state university disability parking credential. Persons with a short-term disability (one month or less) can contact the parking services office for instructions on obtaining a temporary parking credential. Disability credential fees are the same as regular credential fees for faculty, staff and student respectively. Disability credentials are honored in all disability parking spaces at any time. Holders of disability credentials may also park in any faculty/staff or student parking space except E-1, state, service, metered and motorcycle spaces or where signs prohibit.

(6) Motorcycle credentials. Motorcycle credentials are required and must be affixed to the rear fender or tail light of the cycle in such a way that they are visible. Motorcycle credential holders must park only in spaces designated for motorcycle parking. A fee for motorcycle credentials will be charged.

(7) State credentials. State credentials will be issued to university owned or leased vehicles that do not display state license plates. Holders of state credentials may park in any parking space except E-1, metered, disability, and motorcycle spaces or where signs prohibit.

(8) Conference parking credentials. Individuals or departments planning to conduct conferences, workshops or meetings must notify parking services at least ten days in advance of the date of the scheduled event so that parking arrangements can be made. A parking fee per participant vehicle will be assessed for any conference.

(9) Temporary credentials. Any non-permit holder using a motor vehicle on a limited basis may purchase a temporary credential from parking services.

(10) Regional campus. Kent campus credentials are issued to regional campus employees to be used while conducting official university business on the Kent campus. This credential may not be used by any Kent campus faculty, staff, or student in lieu of the Kent campus credential for which they are entitled. Regional campus employees who teach or attend classes on the Kent campus must purchase a Kent campus parking credential.

(11) Special event parking fees. Parking fees may be assessed for special events. Operators of vehicles displaying valid Kent state university parking credentials may be charged for special event parking.

(C) Lost or stolen credentials. A lost or stolen parking credential will be replaced and charged an administrative fee once the appropriate lost or stolen report form is completed.

(D) Visitor parking.

(1) Visitors are required to obtain and display a valid permit or pay the required parking fees when parking on university property, unless otherwise posted or authorized in advance by parking services.

(2) The student center lot is reserved primarily for visitors. Charges will be assessed for using this lot.

(3) Metered areas are provided throughout campus. No person shall park a vehicle in any such area without paying for time for parking during posted hours.

(4) Visitors should contact parking services during business hours or police services during non-business hours, for assistance or parking information.

History

  • Effective: March 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-09 University policy regarding the operation, regulation, and control of motor vehicles on campus.

(A) Purpose. Under the authority of section 3345.21 of the Revised Code, the board of trustees of Kent state university has adopted Title 45 of the Revised Code for the regulation of motor vehicles on campus.

(B) The board of trustees of Kent state university specifically authorizes the Kent state university police services to enforce all sections contained within Title 45 of the Revised Code on all applicable streets, roads, and access drives on campus.

(1) Kent state university department of public safety is directed to enact speed limits within the guidelines of Title 45 of the Revised Code.

(2) Kent state university department of public safety is directed to erect and maintain traffic control devices (including speed limit signs) as defined in division (QQ) of section 4511.01 of the Revised Code.

Last updated April 9, 2021 at 8:38 AM

History

  • Effective: April 9, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-10 University policy regarding the Kent student center, Risman plaza, and student green.

(A) Policy statement. The vice president for student affairs shall be responsible for oversight of the operation of the Kent student center, the Risman plaza and student green, as well as the development, implementation, and review of the policies and procedures necessary to provide for the orderly and efficient use of such areas.

(B) Implementation. The vice president for student affairs may delegate the authority necessary to carry out the duties and responsibilities of this policy.

History

  • Effective: June 17, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-10.2 Administrative policy regarding promotional materials on the outside of the Kent student center.

(A) Purpose. Support an engaging campus community of student organizations and university departments.

(B) .There shall be no signs or promotional materials on the outside of the Kent student center, or between structures, unless by special permission arranged with the director of the Kent student center or designee.

(C) Permission will be considered only if:

(1) The event is to be held in a scheduled space in the Kent student center.

(2) The material can be displayed without harm to persons or property.

(3) The material is put up by authorized university personnel.

(4) The name of the organization sponsoring the notice is clearly visible.

(5) The date of the event being announced ; and

(6) Materials are removed no later than the day following the event or the end of the promotional period.

(D) Any material not fulfilling these requirements will be removed by university personnel.

History

  • Effective: August 27, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.1 Administrative policy regarding discrimination by organizationsbased on race, color, religion, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era.

(A) Policy. Every student organization registered and approved by the university is expected to be free to select its membership upon the basis of individual merit. Any student organization selecting its membership upon the basis of restrictive clauses regarding the protected categories provided for in rule 3342-5-16.1 of the Administrative Code will be considered to be operating in conflict with university policy.

(B) Procedure. Every registered student organization must submit a copy of its constitution, local and national, and bylaws or other satisfactory information governing its operation to the appropriate university official. The university will accept in good faith the provisions of such constitutions and bylaws, national and local organization are free to select members upon the basis of individual merit and membership in the local organization may not be governed by restrictive clauses regarding the protected categories provided for in rule 3342-5-16 of the Administrative Code.

(C) Violation of rule or procedure. Should a registered student organization be in conflict with university policy in the selection of its members, the group will be asked to submit evidence that action has been or is being taken to remove such restrictive membership provision; such as a request for a waiver of the restriction from the national organization. A reasonable period of time as determined by the center for student involvement may be granted to remove the restrictive provisions. Continued restriction of membership by constitutional requirements or other binding enactment contrary to university policy will result in withdrawal of university registration of the student organization. This policy does not apply to membership practices which are exempt under state or federal law and regulations.

History

  • Effective: February 3, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.2 Administrative policy regarding the registration of student organizations.

(A) Purpose. The university supports the right of individuals to organize and participate in organizations within the context of general university, student, alumni and community interests.

(B) Definitions.

(1) "Student member" - one who is enrolled and regularly attending at least three hours of Kent state university coursework. This includes Kent campus and/or regional campuses.

(2) "Affiliate member" - one who is taking less than three hours or is not currently enrolled, but is interested in working with the organization's membership. Such members may not outnumber student members, may not hold office, vote for officers, or vote on the expenditures of money. Furthermore, they may not schedule university facilities or services in on behalf of the organization. Such affiliate members must be elected yearly by a majority of voting members. Membership is for one year contingent on adherence to the organization's constitution which must include the rights and restrictions of affiliate members. Affiliate members are expected to know, understand and abide by all university rules and regulations as well. Affiliate members have no vote on organization matters and may not participate in discussions during meetings except by majority of voting members present.

(3) "Registered group" or "recognized student organization" - the status given to those student organizations which register with the center for student involvement. In order to be registered, a group must include at least five persons, all of whom meet the criteria for offices/representatives of student organizations under paragraph (B)(1) of rule 3342-4-11.3 of the Administrative Code.

(4) "Interest groups" a group of students that indicate interest in creating a student organization. Students in an interest group must provide a draft of their proposed student organization bylaws/constitution to a center for student involvement administrative staff member. Interest groups with Greek affiliation must follow the guidelines set in the Greek recognition policy.

(5) "Group function" - an event, meeting or gathering of a registered group.

(C) Procedure.

(1) Registration. All student organizations, including but not limited to departmental groups, interest groups, recreational clubs, political groups, and nonchartered governmental organizations, are required to register with the center for student involvement and provide information.

Such information includes, but is not limited to, the organization's name and mailing address, a statement of its goals and purposes, and a statement concerning nondiscrimination based upon the protected categories as defined in rule 3342-5-16 of the Administrative Code. This information will be made available to anyone requesting it, unless the organization specifically requests that it be restricted to those officially connected to the university, such as students, staff, and faculty.

(2) Responsibility. Registered groups are responsible for the conduct of their members and guests at group functions as well as for all costs incurred at such events.

(3) Use. Registration permits organizations to use university services and facilities, as for example the scheduling office can be utilized for space needs. Additionally, only registered groups may request allocated funds derived from the student activity fee.

(4) Disclaimer. Registration does not imply either university approval or disapproval of the organization's purposes.

(5) The director of the center for student involvement or designee will make final determination regarding organizational registration and will adopt such procedures as necessary for the implementation of the registration process.

(6) Appeals. Appeals regarding granting or rescinding of registered group status may be made to the dean of students, which shall forward its recommendation to the vice president for student affairs or designee, who shall make the final determination.

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.3

(A) Purpose. A student's pursuit in extracurricular activities is an essential part of the overall educational opportunities offered at Kent state university. Students who seek to engage in these activities, whether specifically stated herein or otherwise, must meet certain eligibility requirements established either by the university, the student organization, or other entity.

(B) Student organization. Each student organization may set such additional requirements deemed appropriate to its own purposes. These requirements must be placed on file, in the form of a constitution or bylaws, with the center for student involvement (CSI).

(1) Requirements.

(a) Any student that is provided a scholarship for a leadership position, as defined in rule 3342-7-05.3 of the Administrative Code, must be enrolled in at least eight undergraduate credit hours or six graduate credit hours.

(b) Any student that is provided a scholarship for a leadership position must maintain a cumulative grade point average of 2.25, free from academic probation or semester warning, and have passed at least six or more hours in the preceding semester of attendance. First semester students who are not officially classified under a transfer status are exempt from these requirements.

(c) All students who are officers and/or spokespersons of registered student organizations not that is not provided a scholarship by university policy must maintain a cumulative grade point average of 2.25 and remain free from probation or semester warning.

(d) A single summer term does not impact eligibility except in regard to the cumulative grade point average. A two-term summer program has the same status as any other semester.

(e) The primary advisor and the president of each organization are primarily responsible for determining the eligibility of its participants and for enforcing the eligibility regulations. Any members of, or advisor to, an organization may request that the CSI staff determine the eligibility of officers of that organization on the basis of these criteria. Additionally, the CSI staff may initiate the checking procedure. If any students are ineligible to hold office, the advisor and president will be notified. Students who participate in the activities described in this rule must withdraw from such activities at once if the student becomes ineligible to participate. The primary advisor shall be required to review student standing at the beginning of each academic term.

(C) Intercollegiate athletics. In order to participate in intercollegiate athletics, student must meet all NCAA and MAC eligibility requirements as they may be amended from time to time.

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-05.3

(A) Policy statement.

The university recognizes the importance of leadership roles in registered student organizations and the value such roles have to the growth and betterment of the student life experience. Certain leadership positions for registered student organizations as designed by the vice president for student affairs through the center for student involvement are eligible to receive scholarship funding through the student leader development fee in accordance with this rule.

(B) Eligibility.

(1) Only certain student leadership positions in registered student organizations in accordance with rule Chapter 3342-4 of the Administrative Code, as designated by the vice president for student affairs shall be eligible for a student leadership scholarship subject to the conditions provided for herein.

(2) Positions selected by the student media board in accordance with rule 3342-4-12.1 of the Administrative Code (including positions within student media as defined by the college of communication and information) are not eligible under this policy.

(3) Kent interhall council positions shall not be eligible under this policy.

(C) Implementation.

(1) Scholarship terms.

(a) Each scholarship will be in the form of credit toward tuition charges and will be applied directly to the student account, up to ten days before the academic term begins. The credit may also be applied toward other university charges (lab fees, room and/or board fees, etc.), if tuition is paid through scholarships or other financial aid awards. Should excess scholarship remain after all outstanding university charges and fees have been paid, the student leader may receive a refund in accordance with university policies.

(b) Prior to award of the scholarship, the student leader must complete all required forms and application materials provided by the center for student involvement. These materials must be on file with the center for student involvement prior to application of the credit toward tuition charges. Failure to complete the required forms and applications materials may result in the delay and/or revocation of the student leader scholarship.

(2) Undergraduate students.

(a) The vice president for student affairs shall determine the scholarship amounts designated for student leadership positions.

(b) At the discretion of the vice president for student affairs, a committee can be appointed to review the student leader scholarship amounts. The committee shall make recommendations for changes in the policy and/or positions to the vice president for final approval.

(c) The director of the center for student involvement will monitor the performances of the student leaders pursuant to their job descriptions and shall be empowered to rescind the scholarship of those individuals who fail to perform at a minimum level.

(3) Graduate students.

(a) The maximum percent of the total in student activities fees available for student leader scholarship at the graduate level may be only fifteen per cent.

(b) The maximum scholarship for a student at the graduate level should be four thousand five hundred dollars per academic year for the executive chair and at appropriate levels for others as permitted by the fifteen per cent limitation as stated in paragraph (C)(3)(a) of this rule.

(c) The graduate student senate shall establish specific guidelines for funding students in the student leadership positions that fall under its purview. These guidelines shall establish the application procedure as well as the procedures and criteria that will be used to determine positions eligible for scholarship.

History

  • Effective: October 12, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.4 Administrative policy and procedures regarding publications by student organizations.

(A) Purpose. All student groups must have adequate funding to support their publication.

(B) Applicability. This rule applies to materials published by student groups. It covers only those materials not receiving funding from the student media board.

(C) Procedure. The center for student involvement is responsible for determining whether or not the group has adequate funding to support its publication.

(1) All registered student organizations receiving money from university funds must have publications approved by the director of center for student involvement or designee, who will act in place of a major budget officer. The staff signature assures that the following verifications have been made:

(a) The group in question is a registered student organization;

(b) Sufficient funds exist in the treasury of the student group to support the publication;

(c) The publication being proposed does not involve an illegal use of state monies; and

(d) The spending of student activities funds is consistent with the original line item budget accepted by the undergraduate student government.

(2) Registered student organizations that do not receive university funds may choose to have publications processed through the office of student media. If they decide to utilize the office of student media, the same policy and procedures will apply as to those organizations funded by the student media board.

History

  • Effective: November 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.6 Administrative policy regarding social events sponsored by registered student organization.

(A) Purpose. This policy shall govern all social events sponsored by registered student organizations held on any Kent state university campus.

(B) Definitions. A "social event" is a non-academic event on any Kent state university campus where entertainment sponsored by a registered student organization is scheduled to begin or continue after nine p.m., and will be attended by both Kent state university students and non-Kent state university students.

(C) Implementation.

(1) All social events must be registered by the student organization with university events and conference services no less than forty-five days from the anticipated date of the event.

(2) Upon acceptance of the completed registration materials, the student organization must attend an event safety and planning meeting as scheduled by the university events and conference services.

(3) All social events on any Kent state univeristy campus shall end no later than midnight for event scheduled Sunday through Thursday evenings; and no later than one a.m. for events shceduled Friday and Saturday evenings. Ending times are subject to change depending upon space availability, contiguously scheduled events, and/or normal hours of operation.

(4) Attendees and guests at social events must be either:

(a) Registered and currently enrolled Kent state university students; or

(b) Non-student guests accompanied by a current Kent state university student (one guest per student). Guests must be at least eighteen years of age, be able to provide an acceptable form of identification upon request, and sign-in, in order to be admitted to the event.

The Kent state university student is responsible for registering the guest in accordance with university procedures and by doing so agrees to be responsible (to the extent permitted by law and university policy) for the guest's actions including but not limited to damage to property. Non-student guests who are not registered shall not be admitted to the event.

For example, if a guess is ordered to leave the event by security, university staff, or the student organization representative, the sponsoring student will be required to leave the event as well.

(5) Social events under this policy shall not be advertised by the sponsoring organization through off-campu radio, television or newspapers.

(6) The dean of students, or regional campus dean, may grant exceptions to this rule. Organizations requesting an exemption must do so in writing no later than ten days prior to the scheduled event.

(7) If the special events security committee, or regional campus dean, determines additional security is necessary for the event, the student organization shall be notified and shall be responsible for any additional costs directly related to the event.

(8) University departments that are co-sponsoring any social event with a registered student organization are strongly encouraged to consult the center for student involvement.

(D) Violations. Any violation of this policy may subject an event to immediate cancellation or termination by the university. Violation of this policy directly related to actions or inactions attributed to the student organization may result in the ineligibility of the student organization to schedule future events or other sanctions as proived for in the student conduct policy. The dean of students, or regional campus dean, has the final authority to immediately terminate or cancel an event.

History

  • Effective: January 2, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.601 Operational procedures and regulations regarding the scheduling of fireworks and bonfires.

(A) Purpose. Fireworks and bonfires must be registered with the scheduling office.

(B) Procedure.

(1) The scheduling office will inform the campus security, plant maintenance and campus safety offices as well as the Kent city fire department of such events.

(2) Registration for bonfires includes a request for a permit from the Akron area environmental protection agency, a process which takes approximately one month. No bonfire will be approved for which this permit and the necessary city approval have not been received.

(3) Registration of fireworks requires permission of the Kent city fire department

History

  • Effective: November 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-12.1 Administrative policy regarding student media board.

(A) Basic statement.

(1) The student media should be free of censorship and prior review or restraint of copy. Student editors and student managers have sole authority to determine content for the media they lead and in turn take full responsibility for the content decisions made.

(2) Student editors and student managers should subscribe to canons of responsible journalism, as stated in the "Society of Professional Journalists Code of Ethics," and the "Radio-Television Digital News Association Code of Ethics and Professional Conduct" and be free to develop their own editorial and program policies. Student advisors and student managers will be protected from discipline, suspension or removal based on the publication of content that is protected by the First Amendment to the U.S. Constitution. Once appointed, student editors and student managers may only be removed through a procedure providing appropriate due process.

(3) The student media board has been established as a standing university committee. The student media board serves as the institutional publisher or de facto licensee and acts in all matters pertaining to those media that are written or broadcast primarily by students and financed primarily by university-sanctioned student fees. The student media board has no jurisdiction over official university, administrative, or departmental publications or broadcasts no matter how authored.

(B) Membership of the student media board.

(1) Two faculty members appointed by the faculty senate. Should the faculty senate not appoint two faculty members by September fifteenth of each year, members of the student media board may appoint faculty to fill those positions.

(2) Two faculty members appointed by the school of journalism and mass communication faculty advisory committee, at least one of which must be faculty in the journalism sequence.

(3) The director of the school of journalism and mass communication or designee.

(4) The director of the center for student involvement or designee.

(5) Six students: two appointed by undergraduate student government, one appointed by graduate student senate, two journalism and mass communication undergraduate student and one journalism and mass communication graduate student appointed by the director of the school of journalism and mass communication. Student members shall not be affiliated with student media. The student appointees may not serve concurrently as a member of undergraduate student government as listed in rule 3342-2-08 of the Administrative Code, nor as a member of graduate student senate, as listed in rule 3342-2-09 of the Administrative Code. Should undergraduate student government or graduate student senate not appoint students by September fifteenth of each year, the student media board may appoint students to fill those positions.

(6) One media professional appointed jointly by the director of the school of journalism and mass communication and the director of the center for student involvement. The media professional appointee may not serve on the student media board concurrently while a full-time employee at Kent state university.

(7) Student editors and student managers will serve as non-voting members.

(8) Student media advisers will serve as non-voting members.

(9) The director of student media will serve as a non-voting member.

(C) Term of office.

(1) Faculty. The term of the office for each faculty member begins on September fifteenth and ends on September fourteenth.

(2) Students. The term of office for each student appointee begins after appointment on September fifteenth and continues until September fourteenth.

(3) All student media board members serve until their term expires or a replacement member is appointed.

(D) Board procedures.

(1) The director of the center for student involvement or designee will serve as the convener and chair until the committee elects a chair from among the journalism and mass communication faculty members on the student media board. Such election shall occur during the fall semester and the chair shall serve until the election of a new chair the following fall semester. The chair will appoint a vice chair who will assume the chairperson's duty should the chairperson be unable to complete the term.

(2) The office of student media will provide administrative support to the student media board.

(3) Members, including the chair, shall retain the privilege of voting on all matters with the exception of the non-voting members.

(4) Notice of the meetings will be given to all student media board members and to the school of journalism and mass communication faculty advisory committee.

(5) Meetings shall be open to the public.

(6) The student media board will conduct its meetings in a manner consistent with the Ohio Open Meetings Law, section 121.22 of the Revised Code.

(7) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the student media board.

(8) Meetings will be held regularly throughout the academic year, and as needed during the summer sessions.

(9) Special meetings may be called by either the chair, the director of student media or upon the request of two or more student media board members.

(10) A quorum shall consist of eight voting members. In the case of vacancies, this number shall be equal to a majority number of the remaining members to a minimum of four.

(11) All meeting minutes shall be recorded and forwarded to student media board members, the vice president for student affairs, and the dean of the college of communication and information.

(12) In the event that a quorum of the student media board cannot be convened in a timely manner, the chair of the student media board or designee and either an additional school of journalism and mass communication journalism sequence faculty member (if the request relates to emergency funding for the coverage of breaking news) or the director of the center for student involvement or designee (if the request relates to any other matter), will act on behalf of the student media board.

(E) Board charge.

(1) As the institutional publisher or de facto licensee for all student media, the student media board requires that each media organization establish a standard operating procedure when it requests funds, and thereafter to be reviewed and resubmitted by each funded medium every fall semester. The format of these procedures will be provided to each media organization.

(2) The student media board establishes criteria and guidelines for the appointment of the student editors and student managers of the various media organizations in its guidelines for the appointment of student editors and student managers.

(3) The student media board establishes criteria for the allocation of student activities fees in its guidelines for the allocation and use of student media activities fees.

(4) The student media board will not assume responsibility for student media publications or programs which it does not fund.

(5) The student media board reports to the vice president for student affairs and the dean of the college of communication and information.

(F) Specific responsibilities.

(1) Neither the student media board nor any student media adviser shall dictate or determine content for a student media organization nor will the student media board or the university discipline a student editor or student manager for the publication or broadcast of content that is protected by the First Amendment to the U.S. Constitution.

(2) The student media board gives responsibility for the day-to-day editorial operations of the media to the student editors and student managers of these media organizations. The student media advisers serve as non-voting members of the student media board and:

(a) The student media adviser shall function as a teacher, using the editorial, business and advertising operations to encourage responsible and enlightened journalism.

(b) The student media adviser's role as consultant shall extend to all operations of the media organization.

(c) The student media adviser shall assist the editorial staff in planning and executing each issue, or supervising the programming of the operation, whichever may be applicable.

(d) The student media adviser will assist the student editor or student manager in staffing the other positions of the organization.

(e) The student media board will review serious policy disputes between the student editors/student managers and student media advisers that cannot be resolved by the parties in dispute.

(f) Neither the student media board nor the university will remove a student media adviser from position as student media adviser based on content decisions made by student editors or student managers.

(3) The student media board delegates the responsibility for day-to-day business management of the media organizations funded by the student activities fees to the director of student media, who serves as a nonvoting member of the student media board. The director of student media, who reports to the director of the school of journalism and mass communication, administers university policy related to the business affairs of student media and advises the media regarding those policies. In addition, the director of student media:

(a) Assesses long-term and short-term options for capital expenditures and investments related to quality and efficiency of operations;

(b) Supervises full-time staff and part-time student media employees;

(c) Oversees the generation and collection of income from all sources for advertising and related services provided by the student media;

(d) Coordinates preparation of annual budgets and makes recommendations to the appropriate committee for each funded medium to the student media board;

(e) Coordinates and signs all contracts between outside vendors and student media in accordance with rule 3342-5-04.1 of the Administrative Code;

(f) Approves all expenditures and signs financial transactions relating to the media; and

(g) Provides counsel and assistance to the student media leaders.

(4) The student media board must be consulted about any change in the director of student media, position description.

(5) The student media board and the school of journalism and mass communication faculty advisory committee shall be consulted on the appointment of all student media advisers.

(6) The student media board recommends policies and establishes procedures to insure consistent handling of student media-related matters. These include, but are not limited to:

(a) Administrative policy and procedure regarding the student media board.

(b) Guidelines for the allocation and use of student media activities fees.

(c) Guidelines for the appointment and salaries of student editors and student managers;

(d) Appeal process regarding annual allocations.

(e) Student media board grievance procedures.

(f) Guidelines for student editors and student managers salaries.

(7) The student media board requires media organizations seeking funding to do so in accordance with established guidelines. The student media board makes recommendations relative to requested funding for all student media organizations funded by the student activities fee. These funding recommendations are forwarded to the vice president for student affairs and the dean of the college of communication and information.

(8) The student media board establishes the selection procedures and makes final decisions regarding the appointment of the student editor or student manager for each media organization providing applicants are compliant with the student media board guidelines.

(9) The student media board must approve requests from currently funded student media organizations for any change in budget of more than $500. Such requests must be presented in writing to the director of student media. The director of student media may approve such requests as within the parameters described within this rule, the guidelines for the allocations and the use of student media activities fees. The director of student media will present any request exceeding five hundred dollars to the student media board with a recommendation for student media board action.

(10) The student media board operates in accordance with these policies and procedures, and if not clearly specified in this rule, reserves the right to decide non-content issues relating to funded media organizations, within the parameters of university policies and procedures.

History

  • Effective: October 12, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-09

(A) The name of the organization shall be the "Graduate Student Senate" of Kent state university, and for the purpose of this rule will be referred to as the GSS.

(B) University sanction. The GSS shall operate in compliance with all university regulations and will observe the policies set forth in paragraph (G)(5) of rule 3342-2-01 of the Administrative Code.

(C) Purpose.

(1) The GSS shall:

(a) Operate in compliance with its charter and bylaws;

(b) Allocate the funds it receives from the university in compliance with university funding policies and the funding policies of the GSS as set forth in this document;

(c) Provide a channel for communication among graduate students, the university, and the local, state, and national communities;

(d) Serve graduate students and represent their interests in the university and the local, state, and national communities;

(e) Promote understanding and intellectual stimulation among graduate students, Kent state university, and the community at large;

(f) Facilitate collaboration with other representative student groups;

(g) Advise Kent state university administration, the graduate schools and graduate policy councils on matters of graduate student concern.

(2) The GSS shall endeavor at all times to:

(a) Advocate for graduate students in academic and extracurricular matters;

(b) Promote the quality in graduate education; and

(c) Secure the rights and privileges of graduate students as members of Kent state university and the community at large.

(D) Membership. Members of the GSS shall be graduate students, selected/elected by graduate students (on a departmental basis).

(1) The number of representatives to the GSS from each academic department, school, or college will be determined yearly on the basis of the enrollment and guidelines to be set in GSS bylaws.

(2) Each graduate college/school within the Kent state university shall provide a process for the election of voting representatives and alternates.

(3) Each representative and alternate will be elected by a majority of those students from the academic unit, department, program, or a group of selected programs as determined in advance.

(4) Election of representatives and alternates shall take place annually.

(5) Representatives or alternates serve for one twelve month period and may be reelected.

(6) Recall of a representative shall be the responsibility of the students from the academic unit, department, program, or group of programs that elected the representative.

(7) When the representative is absent from a meeting, the alternate assumes the vacant position until the representative returns.

(8) A representative who has two consecutive absences from the GSS meetings can be removed from the GSS, unless an alternate is present in the representative's place. The executive shall govern the removal of a representative and determine whether the absences were excusable. All GSS vacancies arising from absences shall be filled by the affected academic unit, department, program, or group of programs within three weeks of notification of the removal.

(9) Should a representative resign, the alternate shall immediately become the representative and an alternate shall be elected from the academic unit, department, program, or group of programs to complete the remainder of the term.

(10) The duly designated and alternate representative of any graduate student organization shall be entitled to all privileges of the floor at the meetings of the GSS. The alternate shall be eligible to vote only in the absence of the designated representative.

(E) Officers. The executive vice-chair, information services chair, finance chair, colloquium chair and executive chair of the GSS shall be elected at the second to the last regularly scheduled meeting of the spring semester of each year. In order to promote continuity, a smooth transition and understanding of functions, the previous committee chair will become the executive chair and the previous executive chair will become the colloquium chair. An elected officer shall officially assume his or her duties at the last scheduled GSS meeting of the spring semester. Vacancies shall be filled at this meeting.

(1) The executive committee of the GSS shall consist of the executive chair, colloquium chair, executive vice-chair, finance chair, information services chair and any and all ex-officio members.

(a) The executive committee shall conduct business of the GSS between meetings and prepare the agenda for these general meetings.

(b) All decisions affecting funding shall originate in the executive committee. Any action taken by the executive committee shall be subject to appeal and possible revision by the full membership of GSS. Appeal procedures shall fall under new business at the next regular general meeting of the GSS.

(c) Should an elected office become vacant, the executive committee may appoint on interim until a special election can be held to choose a person to complete the term of office. The special election shall take place on or before the second regularly scheduled meeting of the GSS after the office is vacated.

(d) The executive committee shall report on all actions taken by the executive committee at the GSS general meeting. In all matters, the GSS as a whole retains the right to approve, overrule, or amend any decision of the executive committee by a quorum majority.

(e) Former members of the executive committee shall be entitled to sit as "ex officio" and nonvoting members of the executive committee as long as they shall maintain the status of graduate students at Kent state university.

(2) The executive chair of the GSS shall preside at all meetings of the GSS.

(a) The executive chair shall be the official spokesperson and representative of GSS to the administration of Kent state university.

(b) When acting for or representing the GSS in any official capacity, the executive chair and all the other officers of the GSS shall consider themselves bound by all decisions of the GSS and the executive committee.

(c) The executive chair shall act as the official delegate to any state, regional or national convention involving graduate students.

(d) The executive chair shall schedule and preside over all meetings of the executive committee.

(3) The executive vice-chair of GSS shall assume all of the duties of the executive chair in the absence of the executive chair.

(a) Should the position of executive chair become permanently vacant for any reason, the executive vice-chair shall become the executive chair in name and fact, and a new executive vice-chair shall be elected from GSS.

(b) The executive vice-chair shall be responsible for filling all Kent state university-wide committee appointments made by GSS.

(c) The executive vice-chair shall act as the official liaison of the GSS with the faculty senate.

(4) The finance chair shall be responsible for the execution of the financial obligations of the GSS, in accordance with Kent state university policies and procedures.

(a) The finance chair shall be authorized to disperse funds for executive committee officers' claims for reimbursement from the treasury, not to exceed a limit as established by the GSS without formal executive committee approval.

(b) The finance chair shall be authorized to disperse funds in accordance with the GSS travel policy without formal executive committee approval.

(c) The finance chair shall submit financial reports at every general meeting.

(d) All requests for funds from the treasury shall be submitted, in writing, through a representative to the finance chair.

(e) The finance chair shall be responsible for processing all claims against the treasury.

(5) The information services chair shall be responsible for recording and distributing minutes and other records of the GSS.

(a) Whenever possible, the information services chair shall be assisted by an administrative assistant. In such cases the information services chair shall have the duty of approving, by signature, the preparation of minutes, records, and correspondence.

(b) The information services chair shall be responsible for the maintenance of membership lists, and shall bring vacancies and absences to the attention of the executive committee.

(c) The information services chair shall provide copies of all records, excluding those which require confidentiality from higher authority, without approval of the entire executive committee, to any member of GSS upon written request.

(6) The colloquium chair shall serve on the executive committee and in an advisory capacity to the executive committee and to GSS. The colloquium chair shall perform specific duties as designated by the executive chair and the executive committee.

(a) The colloquium chair shall be responsible for the coordination and organization of special GSS events as designated by the executive chair and the executive committee.

(b) The colloquium chair shall serve on special committees and act as public relations officer for GSS.

(7) The GSS retains all powers not delegated in this document, and may assign other duties as it chooses.

(8) GSS election of officers shall be by quorum majority.

(F) Committees. The GSS shall create, staff, and disband such committees as it wishes to conduct its business.

(1) Appointments to standing council, Kent state university, and college committees shall be made by the executive vice-chair.

(2) Appointees to such committees may include graduate students other than members of the GSS.

(3) The graduate student representatives to Kent state university committees shall submit a summary report to the GSS.

(G) Impeachment. The impeachment of an officer shall be by quorum majority of the GSS.

(1) The accuser must present a petition for the impeachment of an officer to the provost or her/his designee. The petition must contain the signatures of a majority of the GSS representatives, excluding alternates or one-third of the graduate student body as determined by the registrar's office.

(2) A special meeting of the GSS shall be called by the provost or her/his designee for this specific purpose.

(3) The accused officer must be notified, in writing, at least seven days prior to the date of the special meeting.

(4) The provost or her/his designee shall designate a representative to preside at the meeting and a full transcript shall be made.

(5) Both the accused and the accuser shall have the right to counsel and to present evidence and testimony at the special meeting.

(6) The meeting shall be closed to all persons except the above.

(7) All voting shall be by secret ballot. The count shall be made by the person presiding, verified by the accused, and the ballots shall be sealed with the transcript to be held with the official records of GSS.

(8) The verdict shall be mailed to all members of the GSS and the accused officer by the provost or his/her designee within one week of the special meeting.

(H) Voting.

(1) A quorum must be present to conduct business. A quorum shall consist of at least ten elected representatives to the GSS or their alternates.

(2) Unless otherwise noted, a quorum majority shall be required for approval of any GSS action. A quorum majority shall mean more than one-half of the number of representatives present at the meeting.

(3) All GSS members (representatives and executive committee members) with the exception of the executive chair have voting privileges. The executive chair shall exercise the privilege to settle the issue of a tie vote.

(I) Amendments.

(1) To propose an amendment to this document, a GSS representative (or alternate), shall read and present a written copy of the amendment at a general meeting of the GSS. A copy of the proposed amendment shall be sent to all GSS representatives (or alternates) within two weeks of the meeting for their review.

(2) The amendment proposal shall be placed on the agenda of the next general GSS meeting following its introduction. A two-thirds majority vote will be required to bring the amendment to the floor for discussion.

(3) Amendments shall be adopted by a two-thirds quorum majority of the GSS and shall take effect upon adoption and ratification by the Kent state university president and the board of trustees and fulfillment of the requirements of section 111.15 of the Revised Code.

(J) Ratification. Ratification of this document shall be by quorum majority of the GSS, the president of Kent state university, and the board of trustees.

(1) Upon ratification, this document, or a revised version thereof, shall supersede all previous governing documents and practices of the GSS of Kent state university.

(2) Upon ratification of this document, or a revised version thereof, all persons holding office in the GSS shall continue as officers of the GSS until the end of their terms or their resignations.

(K) Bylaws. Bylaws may be established as long as they operate in compliance with this charter.

Last updated December 16, 2025 at 8:35 AM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-04.1

(A) Purpose statement. This policy designates the process by which university officials are authorized to negotiate and enter into contracts on behalf of Kent state university in accordance with the authority established in rule 3342-5-04 of the Administrative Code.

(B) Scope. This policy applies to all employees at Kent state university ("university employees"), whether temporary, term, or continuing, part-time or full-time positions. This policy applies to original contracts and agreements, as well as all amendments, alterations, modifications, corrections, changes and extensions.

(C) Definitions.

(1) Contract. For the purpose of this policy, "contract" means all written agreements intending to have legal effect between two or more parties where Kent state university, or any department within the university, constitutes one of the contracting parties.

(a) The term "contracts" includes, but is not limited to, memorandums of understanding, agreements, service contracts, settlement of disputes, rental/lease agreements, affiliation agreements, liability waivers, assignments of rights and/or licensing agreements.

(b) The term "contracts" does not include internal agreements between department/units of Kent state university.

(c) Exclusions. This policy does not apply to the following: faculty and adjunct instructor employment agreements executed by the senior vice president for academic affairs and provost, employment contracts executed by the division of human resources, student employment contracts executed by the executive director of the office of career exploration and development, contracts executed by student organizations, or private and personal matters of employees. This policy does not apply to, nor does it seek to replace, the board of trustees as the contracting authority for certain agreements as required by Chapters 3341. and 3345. of the Revised Code or rules 3342-2-01 and 3342-5-04 of the Administrative Code.

(2) Contracting authority. For the purpose of this policy, "contracting authority" means university personnel who hold a delegation of signatory authority in accordance with this rule and rule 3342-5-04 of the Administrative Code.

(3) Vice president. For the purposes of this policy, "vice president" shall mean the officer responsible for an administrative or academic division of the university as appointed by the president and approved by the Kent state university board of trustees.

(D) Implementation.

(1) Authority to contract. In accordance with rule 3342-5-04 of the Administrative Code, the Kent state university board of trustees, the president of the university, or vice presidents hold the authority to contract on behalf of Kent state university. This rule provides for the formal delegation of such authority to other university employees as may be necessary for the proper maintenance and successful and continuous operation of the university.

(2) Delegation required. With exception to the authority referenced in paragraph (D)(1) of this rule, university employees shall not enter into a contract for the purchase of goods or services or otherwise obligate Kent state university to perform any obligation, including but not limited to an obligation to pay any sum of consideration, unless the university employee holds a delegation under this rule.

(3) Delegation in writing. A university employee may contract on behalf of the university if provided a written delegation by the Kent state university board of trustees, the president of the university, or a vice president.

(a) A written delegation must contain all of the following elements:

(i) The employee's administrative job title ("position");

(ii) Effective date and term of the delegation;

(iii) Scope of employee's contracting authority;

(iv) Restrictions, limitations of employee's contracting authority;

(v) Signature of the board, president, or vice president, as may be applicable; and

(vi) Signature of the university employee accepting and acknowledging the terms of the delegation.

(b) Limitation. Except as otherwise provided for in this policy, written delegations may not be made more than two administrative levels below that of the vice president or dean, or more than two administrative levels below that of the regional dean, without written approval by the president of the university. For example, if a college has a dean, an associate dean, and an assistant dean, the delegation may not be made below that of the assistant dean without written approval by the president of the university. In the event that a delegation is made lower than two administrative levels, the signature of the president is required.

(i) Exceptions to paragraph (D)(3)(b) of this rule:

(a) Delegation in university policy. A university employee may contract on behalf of the university if the university employee's specific position is delegated the authority to contract under another rule within agency 3342 of the Administrative Code. Such delegation is limited to the conditions and scope provided for in the applicable policy in which the delegation is provided and must be in writing.

(b) Delegation as an "institutional official." A university employee may contract on behalf of the university as an "institutional official." For the purposes of this rule, an "institutional official" means an individual holding a position that is required by state or federal law to serve as the university's designated official for reporting or contracting purposes. Such delegation shall be in writing.

(4) Delegation by position. A university employee holding one of the following positions may contract on behalf of the university to the extent that such authority is limited to the scope of the operations relative to the applicable academic structure:

(a) Regional deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective campus, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(b) College deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective college, including agreements necessary to secure non-clinical student placements, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(c) Associate deans and school directors shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective school, and for a total value not to exceed twenty thousand dollars and not to exceed a contract term of two years.

(d) Associate provosts shall be authorized to review and execute contracts necessary for the continuing and successful operation of the division of academic affairs, including affiliation agreements with health care providers for the clinical placement of students, as directed by the provost, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years; or

(5) Retention. Original executed delegations must be filed with the senior vice president for finance and administration, or designee, prior to the effective date of such delegation.

(6) Revocation. Delegations may be revoked at any time by the assigning board, president, or vice president.

(7) Conflict of interest. In accordance with the ethics laws of the state of Ohio and as further provided for in rule 3342-6-23 of the Administrative Code, any university employee provided with a delegation of authority may not enter into any contract that involves the university employee, the employee's family, business associates, or any organization with which the employee is associated. In that event the university employee should immediately notify the delegating authority that a conflict of interest exists and withdraw from any participation in the transaction.

(a) Review required. Any university employee provided with a delegation of authority under this policy must also submit a conflict of interest disclosure form pursuant to rule 3342-6-23 of the Administrative Code to the Kent state university board of trustees, president of the university, or vice president at the time of request which shall be kept on file with the original delegation. The form is available from the division of finance and administration. It is the responsibility of the university employee submitting the conflict of interest disclosure form to amend the statements in the form and notify the university employee's supervisor if there is any material change in the information initially submitted.

(E) Contracting process.

(1) Responsibilities of initiating party. The university employee initiating the contract on behalf of the university is responsible for reading the contract entirely, negotiating its substantive terms, and determining the following:

(a) The contract language accurately reflects the current state of negotiations and is sufficiently clear and consistent;

(b) The contract meets programmatic and university strategic mission requirements;

(c) The contract is in the best interests of the university and the contract term is reasonable in duration;

(d) The obligations placed on the university in the contract are in compliance with current university procedures and policies; and

(e) The contract includes the appropriate substantive content to describe the obligations of both parties with reasonable specificity.

(2) If the contract falls under the purview of rule 3342-6-04.3 of the Administrative Code, the initiating university employee must follow the review process required therein prior to initiating any further review of the contract required by this rule.

(3) If the value of the contract exceeds the thresholds established by rule 3342-7-12 or falls under the purview of rule 3342-7-12.1 of the Administrative Code, the initiating university employee must follow the approval processes required therein prior to initiating any further review of the contract required by this rule.

(4) The initiating party is further responsible for the negotiation of all substantive items in the contract, and is solely responsible for the resulting terms and conditions contained therein. Once the substantive terms have been agreed to by the initiating university employee, the initiating university employee must then submit the contract for the mandatory reviews required as provided in this rule.

(5) Mandatory review by the office of the provost. The office of the provost must review any contract between the university (or any unit within the university) that outsources a part of or all of its education programs (i.e. degrees or certificates offered for academic credit) to a third-party entity. Review conducted under this paragraph must be concluded prior to review under paragraphs (E)(6), (E)(7), and (E)(8) of this rule.

(6) Mandatory review by the division of information technology. In accordance with rule 3342-9-03.1 of the Administrative Code, vendors who will receive, transfer, store, or otherwise have access to university data must be subject to review by the office of security and access management with regard to the university's data security policies and standards prior to submission to the office of general counsel.

(a) In accordance with rule 3342-4-16 of the Administrative Code, the division of information technology will also work with internal units to review the substantive requirements of the contract with regard to the university's electronic and information technology accessibility standards.

(7) Mandatory review by general counsel. All contracts prior to execution must be submitted to the office of the general counsel for review as to legal form and sufficiency. General counsel will return the contract to the initiating employee for further revision if necessary. Failure to provide the contract for counsel review could affect several statutory protections reserved for public officials employed by the university including, but not limited to, immunity and indemnification.

(8) Mandatory review by the division of finance and administration. After review by general counsel, the initiating university employee must provide such contract for review by the senior vice president for finance and administration, or his/her designee, if the contract obligates the university to pay funds of one hundred thousand dollars or more for the term of the contract pursuant to rule 3342-7-12 of the Administrative Code. Upon review, the division of finance and administration will return the contract to the initiating university employee for further revision if necessary.

(9) Contract execution. After all appropriate approvals have been received and documented and both parties are in mutual agreement to the terms, both parties must sign the contract before any action called for in the contract can occur. Once executed by the contracting authority, the contract must be fully executed (signed by both parties) with one copy to be provided to the contracting authority (if different from the initiating employee).

(10) Contract retention. The contracting authority is responsible for the retention of the contract, which may be kept in a readable and compliant electronic format. The contract must be kept on file for at least the term of the contract plus five years or as required by the university's record retention schedule, whichever is longer. The record retention schedule can be found on the office of general counsel's website at www.kent.edu/generalcounsel.

(11) Filing the final, fully executed contract. Once a contract is fully executed, it must be filed in a central contract management system managed by the division of finance and administration.

(F) Prohibitions. Failure to follow this policy or to ensure that the appropriate contracting authority is obtained during the execution of a contract and/or agreement may result in the temporary or permanent revocation of the contracting authority of the initiating party as provided for in under this rule. No contract signed by a person without contracting authority as delegated by the board or this policy shall be binding on the university. Under no circumstances may a delegation under this rule be provided to a temporary employee, part-time employee, student employee, independent contractor, or volunteer.

Last updated June 17, 2024 at 8:49 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-13.2 Administrative policy and procedure regarding missing student notification.

(A) Purpose. Kent state university takes student safety very seriously. To this end, the following policy and procedure has been established to assist in locating Kent state university students living in university owned on-campus housing who, based on the facts and circumstances known to Kent state university have been determined to be missing.

(B) Implementation. At the beginning of each academic year, Kent state university will inform students residing in on-campus housing of the following:

(1) Students have the option of identifying an individual to be contacted by Kent state university not later than twenty-four hours after the time the student is determined to be missing. A student can register this confidential contact information through the student's Flashline account.

(2) If the student is under eighteen years of age, and not an emancipated individual, Kent state university is required to notify a custodial parent or guardian not later than twenty-four hours after the time that the student is determined to be missing.

(C) Procedures.

(1) Kent state university police services will be notified not later than twenty-four hours after the time that the student is determined to be missing.

(2) If Kent state university police services personnel have been notified and make a determination that a student who is the subject of a missing person report has been missing for more than twenty-four hours and has not returned to campus, Kent state university will initiate the emergency contact procedures in accordance with the student's designation.

(3) Kent state university will adhere to the following notification procedure for a missing student who resides in on-campus housing:

Once Kent state university receives a missing student report via the dean of students office, Kent state university police services, university housing or other source, the following offices will be notified:

(a) Kent state university police services

(b) Undergraduate/graduate deans' offices;

(c) Senior vice president for student life;

(d) Dean of students office; and

(e) University housing..

(4) Any official missing person report relating to this student shall be referred immediately to Kent state university police services.

(5) If Kent state university police services, after investigating the official report, determines the student has been missing for more than twenty-four hours, Kent state university will contact the individual identified by the student, the custodial parent or legal guardian if the student is under eighteen and not emancipated, or local law enforcement if these do not apply.

(6) Upon notification from any entity that any student may be missing, Kent state university may use any of the following resources to assist in locating the student. These resources may be used in any order and combination.

(a) Residence services may be asked to assist in physically locating the student by performing a wellness check at the student's campus housing.

(b) Police services may search on campus public locations to find the student (library, dining hall, etc.).

(c) Police services may issue an ID picture to assist in identifying the missing student.

(d) The dean of students office may try to contact known friends, family, or faculty members for last sighting or additional contact information.

(e) Student life or academic departments may be contacted to seek information on last sighting or other contact information.

(f) University housing may access residence hall card access logs to determine last use of the key card.

(g) Police services may access vehicle registration information for vehicle location and distribution to authorities.

(h) Information Services may be asked to look up email and other network logs for last login and use of Kent state university network resources,

(i) If there is any indication of foul play, other local police agencies may be contacted for assistance.

Last updated August 1, 2024 at 7:38 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-14 University policy regarding support and assistance for service memers and veterans.

(A) Policy statement. Kent state university seeks to assist service members and veterans as they pursue an advanced degree and/or certificate. In an effort to better serve this population, Kent state university has adopted this policy as required by division (B) of section 3345.421 of the Revised Code. The purpose of this policy is to set forth the support and assistance Kent state university will provide to service members and veterans.

(B) Definitions. In alignment with section 3345.42 of the Revised Code, this policy utilized the definitions for "service member" and "veteran":

(1) "Service member" is defined as a person who is serving in the armed forces of the United States.

(2) "Veteran" is defined as any person who has completed service in the armed forces, including the national guard of any state or a reserve component of the armed forces, and who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

(C) Implementation. Kent state university will provide the following support and assistance to service members and veterans:

(1) Establish and maintain a service member and veteran student services office, and designate at least one person employed by the university to serve as the contact person for veteran and service member affairs. The person designated may not be a person currently assigned by the university as a veterans administration certifying official;

(2) Allow for the establishment of a student-led group on campus for service members and veterans, and support other service member- and veteran-friendly organizations.

(3) Integrate existing career services to create and encourage meaningful collaborative relationships between service members and veterans and Kent state university alumni. Such integration will be designed to link service members and veterans with prospective employers; provide service members and veterans with social opportunities; and encourage responsible offices to seek and promote partnership opportunities for internships and employment of service members and veterans with local, state, national, and international employers.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-15 University policy regarding international students' requirement to have health insurance.

(A) Purpose. The intent of this policy is to ensure reliable access for international students to United States health care services.

(B) Definition.

(1) Student. For the purposes of this policy, "student" is defined as any person who is enrolled for one or more credit hours at the university and who is attending classes at any campus.

(2) International student. For the purposes of this policy, "international student" is defined as any person who is not a U.S. citizen, a permanent resident, an asylee, a refugee or part of the Jay Treaty, who is enrolled for one or more credit hours at the university, and is attending classes at any campus.

(C) Eligibility. All international students taking at least one credit hour are required to have health insurance that is comparable to the coverage provided with the Kent state university sponsored student health insurance plan.

(D) Procedure.

(1) All international students are subject to a mandatory hard waiver program to ensure they have adequate coverage.

(2) All international students are billed each term for the full cost for single coverage under the Kent state university sponsored student health insurance plan.

(3) Any international student may request a waiver of this fee if:

(a) The student provides proof of full sponsorship by a government agency including health insurance, or

(b) The student provides proof of health insurance provided by a United States employer.

(c) If paragraphs (D)(3)(a) or (D)(3)(b) of this rule are met, a student will be granted a waiver if such health insurance coverage meets or exceeds the university's specific coverage requirements.

History

  • Effective: June 17, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-16 University policy regarding electronic and information technology accessibility.

(A) Policy statement. It is the policy of the university to make its electronic and information technologies, accessible to all students, prospective students, employees, guests and visitors with disabilities, particularly those with visual, hearing, or manual impairments or who otherwise require the use of assistive technology to access information provided through the university's electronic and information technologies.

(B) Definitions. Electronic and information technologies shall include all information provided through the university's website, online learning and course management systems, and curriculum, institutional and administrative data systems.

(C) Scope. This policy shall apply to all staff, faculty, and third parties providing EIT to or on behalf of the university.

(D) Requirements. All electronic and information technologies shall comply with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation at 34 C.F.R. Part 104, and the Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35.

(E) Implementation. The vice president for student affairs, the vice president for information services and the provost will be responsible for implementing this policy pursuant to a phased-in implementation schedule. Compliance with this policy will be prioritized based on academic, research and administrative needs, resource constraints and technology limitations.

History

  • Effective: May 1, 2017
  • Promulgated Under: 111.15

Chapter 3342-5 Administration

Ohio Adm.Code 3342-5-01 University policy regarding reports by the president to the board.

(A) Budget. At an appropriate time annually the president of the university shall present to the board the budget for the ensuing fiscal year.

(1) The budget shall be presented in a form showing allocations for the university's major areas of expenditure in accordance with general account classifications and shall be accompanied by a review describing the major historical changes.

(2) As may be necessary, the budget may be revised from time to time by the board.

(3) After approval by the board, the budget shall govern financial transactions.

(4) The president of the university shall establish procedures for the expenditure of all appropriated funds.

(a) In administering the budget, the president of the university may make or authorize transfers or adjustments in individual budget accounts or in local unrestricted accounts provided that no such action shall increase the total of budgeted expenditures.

(b) Whenever income fails to meet budgeted income, the president of the university shall direct reductions in budgeted expenditures of a corresponding amount.

(c) Unappropriated general funds may be expended by direction of the president of the university for a specific purpose not exceeding ten thousand dollars. Expenditures of larger amounts from such funds must be approved by the board.

(5) The annual budget account classification shall include the following breakdown of expenditures.

(a) Instructional and general;

(b) Departmental instruction;

(c) Off-campus instruction;

(d) Instructional services;

(e) Library;

(f) Student services;

(g) General expense;

(h) Operation and maintenance of the plant;

(i) General administration;

(j) Research;

(k) Public service;

(l) Auxiliary operations; and

(m) Student aid.

(n) Other categories of expenditures as directed by state officers and the board may be instituted as appropriate.

(B) Gift administration. The president of the university shall make a quarterly report to the board of all gifts received, show the value of restricted and unrestricted gifts, and if appropriate, itemize each gift having a value of one hundred dollars or more. The president of the university is authorized to assign gifts to university purposes with the approval of the nonacademic affairs committee and with dutiful attention to the wishes of the donors insofar as known.

(C) Revisions of fees and other charges. From time to time, at least once a year, the president of the university shall recommend to the board a continuation or revision of the registration or comprehensive fees, service charges, rental charges, room and board charges, dues and assessments as recorded in the fee register, or entailed in the operation of the various university auxiliary agencies and enterprises. Evidence establishing the need, justification and obligation to collect such charges shall be presented to the board for its consideration.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-02 University policy regarding reports by other officers to the board.

(A) Purchase of insurance.

(1) Each year the treasurer of the university shall cause to be prepared a report that tabulates all insurance policies in force, including coverage, premiums, and agents servicing these policies. This report shall include, but is not limited to, general, fire, liability, bonds, property, automobile, comprehensive, medical and hospitalization contracts, or any other policy for the protection of the university's personnel and property.

(2) The treasurer of the university shall seek bids pursuant to state law on the insurance required by preparing proposals for the purchase of insurance, on which the premium is expected to exceed two thousand dollars for the policy term, at the end of each policy term, and for all insurance on which the premium is less than two thousand dollars for the specified term, at least once every three years, unless it is determined to be in the best interest of the university to renew the policy without seeking bids. In all such cases a full report shall be made to the board. For the other insurance when the university has a vested interest in reserves, accumulated deposits or other advantages which accrue to the university, bids shall not be solicited except that the expenditure of appropriate funds must comply with the provisions of any appropriation act, and the Revised Code. The treasurer with the advice and consent of the president of the university is designated to determine the proper procedure to be used in securing the necessary insurance required by the university.

(3) All premium and policies shall be on a guaranteed cost basis not subject to assessment.

(4) In securing insurance, the financial strength of the insuring company, its ability to provide service, approval to do business in Ohio, and others may be among the factors to consider along with bid quotations.

(5) All insurance shall be purchased through the treasurer of the university.

(B) Official university publications. Annually, the appropriate vice president shall prepare a report listing all official university publications with special reference to those publications which create, establish and promulgate university policies and practices. This report shall be presented to the board by the president.

(C) Inventory of real property. At the close of each fiscal year the chief fiscal officer shall prepare an inventory of all real property managed, owned, leased, rented, or under option to the university. This report shall include acreage held, an estimate of land and building values, general statement on the condition of the physical plant, property and liability insurance policies in force, and such other details as may be directed by the board or the president of the university.

(D) Waiver of student fees. The vice president for enrollment management and student affairs shall cause to be prepared an annual listing of scholarships and fee waiver recipients, such awards to be made in accordance with published policies or by direction of the president under authorization by the board. This listing will be presented to the president who shall summarize it in a report to the board.

(E) Annual financial report. At the end of each fiscal year the chief fiscal officer shall prepare a comprehensive financial report which shall be presented to the board. The report should summarize all financial transactions, note historical shifts in fund balances, and tabulate expenditures in accordance with generally accepted accounting principles.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-03 University policy regarding engagement with government officials and entities.

Policy statement. Subject to specific control by the board, the preparation and presentation of requests for appropriations from the state of Ohio, the federal government, 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. All interactions with federal, state and local government offices, boards, or agencies shall be approved by the president, or designee. Unauthorized appearances before federal, state and local government offices, boards and agencies are hereby prohibited.

History

  • Effective: May 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-03.1 Administrative policy regarding engagement with government officials and entities.

(A) Policy statement. As a state university, it is imperative that the university embrace a coordinated and consistent approach to its official dealings with all federal, state, and local government offices, boards and agencies as provided for in rule. Under the direction of the president, the office of government and community relations shall be responsible for the administration of this rule.

(B) Implementation.

(1) Campus visits by officials, staff, candidates, and surrogates. The university welcomes and encourages visits by officials, staff, candidates and surrogates, but does not endorse individual candidates for public office. In the case of requests to visit and impending visits by officials, staff, candidates, or surrogates, including those initiated by a student organization, the office of government and community relations and the department of university communications and marketing shall be notified.

(2) Public statements and expert testimony on behalf of the university. Subject to the exceptions as stated in this policy, only the president, or designee, shall address government officials or entities on behalf of the university. All requests to represent the university before a governmental body shall be submitted in writing to the office of government and community relations at least ten business days prior to the scheduled appearance or correspondence.

(3) Public statements and expert testimony on behalf of the individual or a separate organization. When a university employee chooses to address government officials or entities as a private citizen or as a member of an organization other than the university, such communication or testimony should clearly indicate that it is made on behalf of the individual in their personal capacity, or on behalf of the individual's separate organization. As a courtesy, the employee may provide a final copy of their testimony to the office of government and community relations.

(4) Compelled testimony. Testimony provided under subpoena is exempted from this policy.

(5) Disclosure of lobbying activities: The university is required by law to disclose federal lobbying activities as defined by 2 U.S.C. 1602, and state lobbying activities as defined by sections 101.72, 101.73, and 101.74 of the Revised Code. Additionally, local governmental entities maintain the right to require lobbying disclosures for their jurisdictions. The office of government and community relations is responsible for gathering information related to official university lobbying activities and submitting reports to governmental agencies. University employees are required to document and provide to the office of government and community relations information related to activities and interactions with covered governmental officials in accordance with the following schedules:

(a) On a quarterly basis at the federal level;

(b) Tri-annually at the state level; and

(c) At the discretion of local government level.

(6) Professional organization lobbying. Faculty and staff should notify the office of government relations prior to accepting an invitation to and/or attending a lobbying or advocacy meeting arranged by a professional organization.

(7) All other interactions not otherwise provided for in this rule shall be discussed with the office of the president prior to such interaction.

History

  • Effective: May 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-04 University policy regarding authorization to contract on behalf of the university.

(A) Contracts and agreements including lease agreements negotiated on behalf of the university must be authorized by the president, a vice president or the board.

(B) Any person intending to enter into an agreement which will or may bind the university, any of its subparts, or any of its auxiliaries must obtain prior authorization from the president, a vice president or collective action by the board.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-04.1 Administrative policy for contract administration.

(A) Purpose statement. This policy designates the process by which university officials are authorized to negotiate and enter into contracts on behalf of Kent state university in accordance with the authority established in rule 3342-5-04 of the Administrative Code.

(B) Scope. This policy applies to all employees at Kent state university ("university employees"), whether temporary, term, or continuing, part-time or full-time positions. This policy applies to original contracts and agreements, as well as all amendments, alterations, modifications, corrections, changes and extensions.

(C) Definitions.

(1) Contract. For the purpose of this policy, "contract" means all written agreements intending to have legal effect between two or more parties where Kent state university, or any department within the university, constitutes one of the contracting parties.

(a) The term "contracts" includes, but is not limited to, memorandums of understanding, agreements, service contracts, settlement of disputes, rental/lease agreements, affiliation agreements, liability waivers, assignments of rights and/or licensing agreements.

(b) The term "contracts" does not include internal agreements between department/units of Kent state university.

(c) Exclusions. This policy does not apply to the following: faculty and adjunct instructor employment agreements executed by the senior vice president for academic affairs and provost, employment contracts executed by the division of human resources, student employment contracts executed by the executive director of the office of career exploration and development, contracts executed by student organizations, or private and personal matters of employees. This policy does not apply to, nor does it seek to replace, the board of trustees as the contracting authority for certain agreements as required by Chapters 3341. and 3345. of the Revised Code or rules 3342-2-01 and 3342-5-04 of the Administrative Code.

(2) Contracting authority. For the purpose of this policy, "contracting authority" means university personnel who hold a delegation of signatory authority in accordance with this rule and rule 3342-5-04 of the Administrative Code.

(3) Vice president. For the purposes of this policy, "vice president" shall mean the officer responsible for an administrative or academic division of the university as appointed by the president and approved by the Kent state university board of trustees.

(D) Implementation.

(1) Authority to contract. In accordance with rule 3342-5-04 of the Administrative Code, the Kent state university board of trustees, the president of the university, or vice presidents hold the authority to contract on behalf of Kent state university. This rule provides for the formal delegation of such authority to other university employees as may be necessary for the proper maintenance and successful and continuous operation of the university.

(2) Delegation required. With exception to the authority referenced in paragraph (D)(1) of this rule, university employees shall not enter into a contract for the purchase of goods or services or otherwise obligate Kent state university to perform any obligation, including but not limited to an obligation to pay any sum of consideration, unless the university employee holds a delegation under this rule.

(3) Delegation in writing. A university employee may contract on behalf of the university if provided a written delegation by the Kent state university board of trustees, the president of the university, or a vice president.

(a) A written delegation must contain all of the following elements:

(i) The employee's administrative job title ("position");

(ii) Effective date and term of the delegation;

(iii) Scope of employee's contracting authority;

(iv) Restrictions, limitations of employee's contracting authority;

(v) Signature of the board, president, or vice president, as may be applicable; and

(vi) Signature of the university employee accepting and acknowledging the terms of the delegation.

(b) Limitation. Except as otherwise provided for in this policy, written delegations may not be made more than two administrative levels below that of the vice president or dean, or more than two administrative levels below that of the regional dean, without written approval by the president of the university. For example, if a college has a dean, an associate dean, and an assistant dean, the delegation may not be made below that of the assistant dean without written approval by the president of the university. In the event that a delegation is made lower than two administrative levels, the signature of the president is required.

(i) Exceptions to paragraph (D)(3)(b) of this rule:

(a) Delegation in university policy. A university employee may contract on behalf of the university if the university employee's specific position is delegated the authority to contract under another rule within agency 3342 of the Administrative Code. Such delegation is limited to the conditions and scope provided for in the applicable policy in which the delegation is provided and must be in writing.

(b) Delegation as an "institutional official." A university employee may contract on behalf of the university as an "institutional official." For the purposes of this rule, an "institutional official" means an individual holding a position that is required by state or federal law to serve as the university's designated official for reporting or contracting purposes. Such delegation shall be in writing.

(4) Delegation by position. A university employee holding one of the following positions may contract on behalf of the university to the extent that such authority is limited to the scope of the operations relative to the applicable academic structure:

(a) Regional deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective campus, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(b) College deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective college, including agreements necessary to secure non-clinical student placements, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(c) Associate deans and school directors shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective school, and for a total value not to exceed twenty thousand dollars and not to exceed a contract term of two years.

(d) Associate provosts shall be authorized to review and execute contracts necessary for the continuing and successful operation of the division of academic affairs, including affiliation agreements with health care providers for the clinical placement of students, as directed by the provost, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years; or

(5) Retention. Original executed delegations must be filed with the senior vice president for finance and administration, or designee, prior to the effective date of such delegation.

(6) Revocation. Delegations may be revoked at any time by the assigning board, president, or vice president.

(7) Conflict of interest. In accordance with the ethics laws of the state of Ohio and as further provided for in rule 3342-6-23 of the Administrative Code, any university employee provided with a delegation of authority may not enter into any contract that involves the university employee, the employee's family, business associates, or any organization with which the employee is associated. In that event the university employee should immediately notify the delegating authority that a conflict of interest exists and withdraw from any participation in the transaction.

(a) Review required. Any university employee provided with a delegation of authority under this policy must also submit a conflict of interest disclosure form pursuant to rule 3342-6-23 of the Administrative Code to the Kent state university board of trustees, president of the university, or vice president at the time of request which shall be kept on file with the original delegation. The form is available from the division of finance and administration. It is the responsibility of the university employee submitting the conflict of interest disclosure form to amend the statements in the form and notify the university employee's supervisor if there is any material change in the information initially submitted.

(E) Contracting process.

(1) Responsibilities of initiating party. The university employee initiating the contract on behalf of the university is responsible for reading the contract entirely, negotiating its substantive terms, and determining the following:

(a) The contract language accurately reflects the current state of negotiations and is sufficiently clear and consistent;

(b) The contract meets programmatic and university strategic mission requirements;

(c) The contract is in the best interests of the university and the contract term is reasonable in duration;

(d) The obligations placed on the university in the contract are in compliance with current university procedures and policies; and

(e) The contract includes the appropriate substantive content to describe the obligations of both parties with reasonable specificity.

(2) If the contract falls under the purview of rule 3342-6-04.3 of the Administrative Code, the initiating university employee must follow the review process required therein prior to initiating any further review of the contract required by this rule.

(3) If the value of the contract exceeds the thresholds established by rule 3342-7-12 or falls under the purview of rule 3342-7-12.1 of the Administrative Code, the initiating university employee must follow the approval processes required therein prior to initiating any further review of the contract required by this rule.

(4) The initiating party is further responsible for the negotiation of all substantive items in the contract, and is solely responsible for the resulting terms and conditions contained therein. Once the substantive terms have been agreed to by the initiating university employee, the initiating university employee must then submit the contract for the mandatory reviews required as provided in this rule.

(5) Mandatory review by the office of the provost. The office of the provost must review any contract between the university (or any unit within the university) that outsources a part of or all of its education programs (i.e. degrees or certificates offered for academic credit) to a third-party entity. Review conducted under this paragraph must be concluded prior to review under paragraphs (E)(6), (E)(7), and (E)(8) of this rule.

(6) Mandatory review by the division of information technology. In accordance with rule 3342-9-03.1 of the Administrative Code, vendors who will receive, transfer, store, or otherwise have access to university data must be subject to review by the office of security and access management with regard to the university's data security policies and standards prior to submission to the office of general counsel.

(a) In accordance with rule 3342-4-16 of the Administrative Code, the division of information technology will also work with internal units to review the substantive requirements of the contract with regard to the university's electronic and information technology accessibility standards.

(7) Mandatory review by general counsel. All contracts prior to execution must be submitted to the office of the general counsel for review as to legal form and sufficiency. General counsel will return the contract to the initiating employee for further revision if necessary. Failure to provide the contract for counsel review could affect several statutory protections reserved for public officials employed by the university including, but not limited to, immunity and indemnification.

(8) Mandatory review by the division of finance and administration. After review by general counsel, the initiating university employee must provide such contract for review by the senior vice president for finance and administration, or his/her designee, if the contract obligates the university to pay funds of one hundred thousand dollars or more for the term of the contract pursuant to rule 3342-7-12 of the Administrative Code. Upon review, the division of finance and administration will return the contract to the initiating university employee for further revision if necessary.

(9) Contract execution. After all appropriate approvals have been received and documented and both parties are in mutual agreement to the terms, both parties must sign the contract before any action called for in the contract can occur. Once executed by the contracting authority, the contract must be fully executed (signed by both parties) with one copy to be provided to the contracting authority (if different from the initiating employee).

(10) Contract retention. The contracting authority is responsible for the retention of the contract, which may be kept in a readable and compliant electronic format. The contract must be kept on file for at least the term of the contract plus five years or as required by the university's record retention schedule, whichever is longer. The record retention schedule can be found on the office of general counsel's website at www.kent.edu/generalcounsel.

(11) Filing the final, fully executed contract. Once a contract is fully executed, it must be filed in a central contract management system managed by the division of finance and administration.

(F) Prohibitions. Failure to follow this policy or to ensure that the appropriate contracting authority is obtained during the execution of a contract and/or agreement may result in the temporary or permanent revocation of the contracting authority of the initiating party as provided for in under this rule. No contract signed by a person without contracting authority as delegated by the board or this policy shall be binding on the university. Under no circumstances may a delegation under this rule be provided to a temporary employee, part-time employee, student employee, independent contractor, or volunteer.

Last updated June 17, 2024 at 8:49 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-01

(A) Preamble. The university was established by the general assembly of the state of Ohio by an enactment to be found in Chapter 3341. of the Revised Code. Pursuant to section 3341.02 of the Revised Code the government of the university is vested in a board of eleven trustees, two of whom shall be students at the university. The purpose of this rule is to mandate procedures which will regulate the internal operations of the board so as to facilitate the board in exercising the powers conferred upon it by the laws of the state of Ohio.

(B) Aims of the university.

(1) The university is dedicated to teaching the many who want to learn, to advancing knowledge and to providing appropriate public service. The university, with the singular advantages of a large residential state university located in the heart of the most heavily populated section of Ohio, is both a community of scholars and an important intellectual, cultural, scientific and technological resource for its area.

(2) The university's primary concern is the student. It endeavors to provide the academic atmosphere, the human association and the discipline vital to the student's sound intellectual growth and character development. The various programs of curricular and extracurricular activities are designed to stimulate curiosity, broaden perspective, enrich awareness, deepen understanding, establish disciplined habits of thought, provide preparation for a vocation and help in realizing the potential of students as individuals and as responsible and informed members of society.

(3) The university will continue to develop as an active institution of learning whose scholars extend the boundaries of knowledge and whose practitioners of the arts and professions help it to shape the culture of the area it serves. The university supports the research and other activities of its faculty and students, and recognizes not only the intrinsic value of such creativity but also its beneficial effect on teaching at both the undergraduate and graduate levels.

(4) The university, like other large American state universities, combines service with teaching and research and makes available its rich variety of cultural, educational, technical and other resources to its area, to the state of Ohio, to the nation and to the international community.

(C) Student trustees. Student trustees serve a two-year term. They are appointed by the governor from a group of five names selected by the student trustee selection committee under a procedure adopted by the undergraduate student senate and the graduate student senate, administered through the office of the vice president for enrollment management and student affairs and approved by the board of trustees. Student trustees do not have the right to vote on measures that come before the board, are not considered as members in determining whether a quorum is present, are not to be officers of the board, and are not entitled to attend executive sessions of the board. However, they will be appointed as members of standing committees and special committees in the same manner as are nine-year trustees, and, except for the limitations listed above, they will be expected to participate fully in exercising the rights and responsibilities of those trustees appointed to nine-year terms.

(D) Powers of the board. The board shall have the power, not inconsistent with law or this rule, to do all things necessary for the proper maintenance and successful and continuous operation of the university.

(E) Officers and organization.

(1) Officers and term of office. Officers of the board shall be a chairman, a vice chairman and a secretary, who shall be members of the board. They shall be elected annually for one-year terms, at the first meeting of the board after the seventeenth of May. The chairman of the board will annually appoint a nominating committee, the function of which is to consult with each trustee to solicit nominations for each office. The nominating committee's recommendations for a consensus candidate for each office will be presented to the full board at the first meeting of the board after the seventeenth of May. At that time, the chairman will accept the committee's recommendations. The chairman will then entertain a motion from the floor to nominate a slate of candidates. After appropriate procedures, the candidates shall be elected by the board. New officers shall take office immediately following adjournment of the meeting at which they are elected, and shall not be elected to a particular office for more than two consecutive terms. Any officer of the board, having served two consecutive terms in any of the offices, can be reelected to that same office only after one year or more has elapsed from the date of expiration of such officer's latest previous term in that office. At the conclusion of an officer's term in one board office, such officer may be elected to another board office. Vacancies occurring in the offices of the board, for reasons other than expiration of term of office will be filled by election at the next meeting.

(2) Chairman. The chairman shall preside at meetings of the board. The chairman shall perform all general duties incident to the office of the chairman, and such other duties as may be assigned to the chairman by the board. The members of all committees of the board shall be appointed by the chairman, but all standing committees shall be subject to the approval of the board. Unless specifically provided to the contrary by the board, the chairman may assign any of the chairman's duties to another member of the board.

(3) Vice-chairman. At the request of or in the absence or disability of the chairman, the vice-chairman shall perform all the duties of the chairman and, while so acting, shall have all the powers and authority of the chairman.

(4) Secretary. The secretary shall be the custodian of and responsible for the official books and records of the board and shall keep the minutes of all meetings and proceedings of the board. The secretary shall give notice of all meetings of the board and shall be responsible for delivery of the agenda in accordance with the provisions of this constitution. The secretary shall perform such other duties as may be assigned by the board from time to time.

(5) Removal of officers. Subject to the notice and agenda requirements specified in paragraph (F) of this rule, any officer of the board may be removed as such officer by resolution adopted by at least six members of the board.

(6) Board committees. Subject to the approval of the board, the chairman may appoint members of the board to such committees as is deemed necessary.

(F) Meetings of the board.

(1) Regular meetings. The board shall meet at least quarterly each year; provided, however, that one of the meetings shall be held subsequent to the seventeenth of May but prior to the fifteenth of July. At the time of adjournment of each regular meeting the board shall provide, by resolution, the time and place for the holding of the next regular meeting. The secretary of the board shall post written notice of each regular meeting to the residence or business address of each member of the board no less than fourteen days prior thereto. Notice shall include the time and place for the regular meeting.

(a) Public notification of meetings. No later than one week prior to the date of all regular meetings, such date, time, and location of the meeting, as well as the agenda, will be distributed by the office of university news and information to the media and other interested parties. The same office will announce the date, time, place, and purpose of any special meetings of the board at least twenty-four hours prior to that special meeting. In the event of an emergency meeting, university news and information will notify the media immediately of the time, date, place and purpose of the emergency meeting.

(b) Any person may, upon request, obtain advance notification of all meetings at which any specific type of public business is to be discussed.

(2) Business to be considered at regular meetings.

(a) An agenda of matters to be considered shall be constructed by the president in collaboration with the chairman or by the president with the authorization of the chairman and delivered by the secretary or the secretary's designee to each board member at least five days prior to a regular meeting of the board.

(b) Along with the agenda, any proposed action which will substantially affect university policy, including, but not limited to the consideration of major appointments and the annual budget, shall be presented to board members in a form sufficient to advise them adequately as to the content of the proposed action.

(c) With the permission of the board, the president may add emergency matters to the agenda at any time.

(d) Any matter coming to the board other than from a board member or the president shall be presented to the chairman in writing at least two weeks prior to the meeting at which it is proposed for consideration. Any persons wishing to speak at a meeting must give at least two weeks written notice to the chairman and must set forth the subject on which they wish to speak. The chairman shall determine which requests shall be placed on the agenda and may make other appropriate disposition of said requests.

(3) Special meetings. Special meetings of the board may be called by the chairman of the board or upon the request of the president or upon the written request of three members of the board. Unless the chairman determines that an emergency situation exists, written notification of a special meeting shall be received by each board member at least two days prior to the commencement of the meeting. The notice shall specify the business to be conducted at the special meeting as well as the time and place for such meeting. No business other than that specified in the notice may be conducted at a special meeting. Attendance of a board member at any special meeting shall constitute a waiver of notice.

(4) Special hearings. Hearings outside of official meetings may be arranged by the board.

(5) Quorum. A majority of the board, when duly convened, shall constitute a quorum for the transaction of business. At any meeting at which a quorum is present, a majority vote of those present shall be required for any official board action. No member may vote except in person at the meeting. By law, student trustees are not to be counted in the determination of a quorum.

(6) Organization of meetings. The chairman shall preside over all meetings. In the absence of the chairman, the vice-chairman shall preside. In the absence of both the chairman and the vice-chairman, a member of the board then present shall be chosen by a majority of the board members present to preside over the meetings. The secretary or the secretary's designee shall keep the minutes.

(7) Order of business. Unless otherwise ordered by the chairman, the usual order of business at board meetings shall be as follows:

(a) Roll call;

(b) Call to order;

(c) Reading and disposition of minutes of previous meeting;

(d) Reports and recommendations of the president;

(e) Committee reports;

(f) Consideration of communications;

(g) Unfinished business;

(h) New business; and

(i) Adjournment.

(8) Rules of order. The latest revised edition of "Robert's Rules of Order" shall be accepted as authority on all questions of parliamentary procedure not determined by this rule. Any motion shall be reduced to writing on the request of any member.

(G) Administration of the university.

(1) Board of trustees. In accordance with the laws of the state of Ohio, the board is the governing body of the university and shall do all things necessary for the proper maintenance and successful and continuous operation of the university. From time to time, as may be appropriate and deemed necessary, the board will delegate certain authority for the administration of the university to designated administrative officers. Such delegation shall be specified in a manner to be determined by the board and shall be accompanied by periodic review of the exercise of such authority.

(a) Reserved powers. At all times and as prescribed by law, the board shall retain the ultimate authority to approve and/or initiate:

(i) The administrative structure of the university;

(ii) The educational programs and academic requirements of the university;

(iii) The appointment, compensation and removal of all university personnel;

(iv) The fiscal policies of the university; and

(v) University policies.

(b) Advisory procedures. Approval by the board of policies, procedures and internal governance arrangements to assure collegiality shall be requisite. However, no delegation of the authority of the board may interfere with or limit the ability of the board to initiate or authorize action in the exercise of its reserved powers.

(2) The president of the university. The board shall annually elect a president of the university to hold office at the discretion of the board. The president shall be the executive head of the university and to the president is committed the general supervision of its interests and the president may act with freedom within the lines of university policy approved by the board. The president shall submit such reports to the board as the board may request. The president shall appoint, subject to the approval of the board, such personnel as are necessary to carry out effectively and efficiently the mission and the operation of the university.

(3) The administrative officers of the university. With the approval of the board, the president shall appoint the major administrative officers of the university. The president shall also be responsible for assuring responsible participatory roles for faculty, students and staff, as appropriate, in the selection and review of major academic administrators. The highest academic administrator shall be responsible for assuring similar roles for permanent faculty and students in the selection and review of subordinate officers in his or her line of responsibility. Such administrative officers shall provide leadership for the university in accordance with their assigned responsibilities and the exercise of authorities delegated to them by the president and the board.

(4) Policies of the university. The major functions of the university shall be guided by rules, and regulations as defined and established herein.

(a) "University policies" are defined as policy statements, rules and regulations governing instructional and educational programs, university research, student life, administrative operations, finance, and personnel management which have broad application for the entire campus community. Such policies as directly affect the educational mission of the university may be considered or reviewed at any time by the faculty senate and require the approval of the appropriate chief administrative officer, the president and the board.

(b) The authority for formulating policies which do not have broad application for the entire campus community may be delegated by the board to the president and administrative officers of the university.

(i) "Administrative policies" are defined as rules and regulations governing internal operations in concert with university policies. Such policies require the approval of the appropriate chief administrative officer and/or the president.

(ii) "Operational procedures and regulations" are defined as necessary operational guidelines to implement policies or programs of the university. Such operational procedures and regulations may be established in concert with polices of the university by the appropriate administrative officer of the university.

(c) Policy development. Policy recommendations may be initiated by the board, the president, an administrative officer, any committee or council, the faculty senate and its committees, or individual members of the university community, its students, faculty, and staff through established procedures. The board shall be the final authority in resolving conflicts or disputes in the interpretation of university policies.

(d) Policy review. Each vice president of the university shall be responsible for presenting all new policies or revisions of old policies which affect their divisions to the appropriate subcommittee of the board of trustees. They shall:

(i) In the case of a university policy requiring board action, submit the policy as an action item at the appropriate time prior to a board of trustees meeting;

(ii) In the case of administrative or operational policy, submit the policy for review by the trustees no later than the first board meeting following the effective date of the new policy or revision;

(iii) Inform the campus community who will be affected by the new policy or revision, that the policy is subject to review by the board of trustees at its next scheduled session; and

(iv) No action taken by the university administration under these sections will diminish the ultimate authority of the board to govern the university.

(e) Policy implementation. The university counsel office shall be responsible for the administration of university policies and shall facilitate their development. It shall:

(i) Provide for a standardized policy format;

(ii) Maintain a university register of policies and procedures and provide for the publication and distribution of the same so as to be accessible to all members of the university community;

(iii) Provide for and facilitate effective and responsible participation in policy formulation, implementation and review by appropriate and affected constituencies of the university community;

(5) University committees and councils. The president, with the approval of the board, may establish various committees and councils representing various constituencies to assist in the development of policies for the governance of the university. At all times the role of any such body shall be defined as that of recommending policy, serving in a consultative and/or advisory capacity to the president or appropriate administrative officer. Committee and council recommendations relating to academic standards and policies, instruction, research, professional standards, or faculty personnel policies shall be referred to the faculty or to its elected faculty senate, as chartered by the board, prior to submission to the president for action or for recommendation to the board, as appropriate. The establishment of such committees and councils shall not be construed to limit the ability of the board, the president, the faculty senate, or the administrative officers of the university to initiate and review action in the accomplishment of their assigned responsibilities.

(a) "University committees" are defined as representative bodies concerned with a specialized function of university life. Such committees may be a committee of the faculty senate, a subcommittee of a university council or report directly to an administrative officer or the president.

(b) "University councils" are defined as university-wide bodies representing a constituency or constituencies of the university and related to a major function of the university. Such councils shall report through the appropriate administrative officer of the university. The constitution, charter, bylaws and/or guidelines for such deliberative bodies require the approval of the president and the board.

(c) "University commissions" are defined as ad hoc committees to accomplish a given or assigned task within a defined period of time. Such commissions may be established by a university council, within the limits of its assigned responsibilities, or by the faculty senate, an administrative officer of the university, the president, or the board.

(6) Collegial, school and departmental organization. Each college or school and its subordinate units and any other instructional unit shall prepare guidelines for the management of its affairs. These guidelines should be recommended by the faculty of the unit and approved by the chief administrative officer of the subordinate unit, the appropriate collegial dean, and the provost. Such guidelines shall be consistent with the policies and procedures contained in the university register and may not limit the ability of the board to initiate or authorize action in the exercise of its powers.

(7) Supersession.

(a) The provisions of paragraph (G) of this rule shall supersede all previous actions and, in the event of conflict in existing policies or charters, the provisions of paragraph (G) of this rule shall be the final arbiter in conflicts arising between the provisions of paragraph (G) of this rule and any policies or charters of the university.

(b) Existing internal governance arrangements and university policies are not contravened by this constitution where those arrangements and policies are congruent with the above provisions.

(H) Bylaws of the board of the university. The bylaws of the board are operative by constitutional authority of said body.

(I) Amendments to constitution. This constitution may be altered, amended, or repealed at any meeting of the board pursuant to the procedures set forth for the consideration of business and section 111.15 of the Revised Code.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-23

(A) University employment is a trust conferred by public authority for a public purpose. Such status forbids the employee from placing himself or herself in a position in which private interest conflicts with public duty.

(B) Such university employment must follow the provisions set forth in statues of the state of Ohio, specifically as found in Chapter 102. of the Revised Code, "Public Officer-Ethics," regarding maintaining the confidentiality of information and the receipt of compensation from other than the university, and Chapter 2921. of the Revised Code, "Offenses against Justice and Public Administration," relating to private interest in a public contract.

(C) No university employee, by virtue of employment by the university, should receive special treatment or favors from university employees, nor should any personal advantage, pecuniary or otherwise, be gained from such employment. This prohibition includes, but is not limited to:

(1) Receipt of gifts;

(2) Payment, pecuniary or otherwise, for service or materials not accounted for through regular university channels; and

(3) The use of a student's services or labor on the university employee's private property without remuneration.

(D) No university employee, by virtue of his or her employment, should receive special treatments or favors from others who do business with the university, nor should any personal advantage, pecuniary or otherwise, be gained from such employment, without prior approval as outlined below in this rule. See also paragraph (E) of rule 3342-6-24 of the Administrative Code.

(E) Unless prior written approval is granted, no university employee may:

(1) Use university resources, including, but not limited to, supplies, materials, equipment, secretarial or staff time, for personal business matters; or

(2) Use university contacts or positions to further private business or other external activity by soliciting students or fellow employees, to participate in, subscribe to, or purchase the activity or any of its possible products, services, or results.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-04.3

(A) Purpose and scope. The purpose of this policy is to define the process for obtaining the professional services of an independent contractor at Kent state university. It is the intent of the university to classify individuals as independent contractors only when there is a reasonable basis for such determination and in circumstances provided for in this policy.

(B) Eligibility.

(1) Individuals classified as independent contractors are not eligible for any employee benefits, are not covered by worker's compensation, and fees paid for professional services are not subject to income tax withholding.

(2) Individuals who are currently employed with Kent state university may not be engaged as an independent contractor.

(3) Individuals who have been employed with Kent state university may not be engaged as an independent contractor in the same calendar year that they were an employee performing the same or similar duties.

(4) Services performed by an independent contractor shall not replace the work normally performed by a university employee.

(C) Definition of an independent contractor. For the purposes of this policy, an independent contractor is an individual who meets each of the following while performing a professional service for the university: has a degree of skill or area of expertise not normally available within the university; uses their own tools and equipment to deliver the service, performs the service for a limited period of time not to exceed six months; has complete control over the manner in which the work is performed; and normally provides such services in the open marketplace.

(D) Procedure.

(1) Prior to the engagement of professional services of an independent contractor, a unit must initiate the review process administered by the division of people, culture and belonging and provide any materials as may be requested by the division representative. At time such review is initiated, the parties (i.e. unit or the independent contractor) may negotiate the terms of an agreement. However, such agreement shall not be executed by either party prior to the conclusion of the review process.

(2) The review process by the division of people, culture and belonging will result in either approval for the unit to proceed, or denial. In the event of denial, the unit may engage the division of people, culture and belonging to discuss alternatives as may be available.

(3) Upon approval and prior to any services performed or delivered by the independent contractor, the unit is responsible for ensuring that an agreement is executed with the independent contractor in accordance with the process provided in rule 3342-5-04.1 of the Administrative Code. A copy of the duly executed agreement shall be retained by the unit in accordance with the university record retention schedule.

(E) Exemptions and modifications. In rare circumstances, the vice president for the division of people, culture and belonging may determine that certain engagements are by their very nature representative of an independent contractor relationship. For purposes of expedience and efficiency, in their sole discretion, the vice president for the division of people, culture and belonging may determine that such engagements are exempt from the review procedure provided in paragraphs (D)(1) and (D)(2) of this rule, or may otherwise engage in a modification to such review as approved by the vice president for human resources.

(1) Exemptions and/or modifications under this rule shall be submitted to the vice president for the division of people, culture and belonging by the divisional vice president. Notification of any such exemptions and/or modifications shall be posted on the division's website and further notification shall be provided to the divisional vice presidents prior to the effective date of such exemption.

(2) Any exemptions and/or modifications granted shall be reviewed on or before July first of each year.

(F) Violation. Violations of this policy by units shall be directed to the vice president for the division of people, culture and belonging for review and enforcement as may be necessary. Violation of this policy by a university employee may subject such employee to disciplinary action including, but not limited to, termination.

Last updated September 15, 2025 at 7:42 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-12

(A) Purpose. As part of its fiduciary responsibility, the board of trustees has responsibility and authority over all procurement activity at Kent state university. The purpose of this policy is to establish approval authority for agreements to purchase goods and/or services excluding capital construction projects, which are provided for in rule 3342-7-04 of the Administrative Code. This policy also provides guidance regarding reports of purchasing activity to be provided to the board of trustees.

(B) Definitions.

(1) Agreement to purchase goods and/or services. Agreement to purchase goods and/or services shall mean, for the purposes of this policy, a binding agreement to acquire goods and/or services from a specific vendor under specified terms and at a set price.

(2) Vendor. Vendor shall mean, for the purposes of this policy, an organization or individual intending to provide goods and/or services to the university in exchange for a fee.

(C) Scope. This policy applies to anyone engaging in university purchasing activity excluding capital construction projects.

(D) Procedure for approving agreements to purchase goods and/or services.

(1) Agreements to purchase goods in excess of twenty-five thousand dollars or services in excess of fifty thousand dollars require a formal bidding process that is coordinated through the procurement department. Details including exceptions to this requirement are provided in rule 3342-7-12.1 of the Administrative Code.

(2) A single agreement to purchase goods in excess of twenty-five thousand dollars or services in excess of fifty thousand dollars either of which has an estimated total cost of less than one hundred thousand dollars shall be approved by the director of procurement prior to awarding a contract or other commitment to purchase. This represents the minimal approval required and management is not precluded from adopting more stringent approval requirements at the divisional level.

(3) A single agreement to purchase goods and/or services with an estimated total cost of one hundred thousand dollars or more shall be approved by the vice president of the division making the purchase and the senior vice president for finance and administration prior to awarding a contract or other commitment to purchase. The authority under this paragraph is non-delegable.

(4) Any single agreement to purchase goods and/or services with an estimated total cost of one million dollars or more including the initial term and any optional renewals shall be approved by the board of trustees prior to awarding a contract or other commitment to purchase.

(a) The board of trustees meets periodically and any purchase under this paragraph must be presented to the board of trustees at a regularly scheduled meeting.

(b) Only when it is determined by the president that time is of the essence, a proposed agreement to purchase goods and/or services with a total cost of one million dollars or more may be jointly approved by the president, the chairperson of the finance and administration committee of the board of trustees, and the chairperson of the board of trustees. Any agreement to purchase goods and/or services that is approved in this manner shall be presented and discussed with the full board of trustees at the next regularly scheduled meeting.

(E) Procedure for reporting purchasing activity to the board of trustees.

The director of procurement shall provide to the senior vice president for finance and administration, the president, and the board of trustees for each regularly scheduled meeting of the board of trustees a report of all vendors for whom year-to-date purchases in aggregate have reached or exceeded five hundred thousand dollars. This report shall be a component of the regular financial report package provided to the board of trustees.

(F) Policy implementation.

The implementation of this policy shall be the responsibility of the university administration. The office of the senior vice president for finance and administration shall establish such administrative policies and procedures as are necessary for the systematic and orderly implementation of this policy.

Last updated April 27, 2026 at 7:39 AM

History

  • Effective: April 26, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-12.1

(A) Policy purpose. Kent state university has established this policy as a means to facilitate its purchasing of goods and/or services excluding capital construction projects, which are provided for in rule 3342-7-04 of the Administrative Code.

(B) Definitions.

(1) Agreement to purchase goods and/or services. For the purposes of this policy, "agreement to purchase goods and/or services" shall mean a binding agreement (inclusive of purchase orders and contracts) to acquire goods and/or services from a specific vendor under specified terms and at a set price.

(2) Cost."Cost" shall mean, for the purposes of this policy, all payments from the university to a vendor pursuant to an agreement to purchase goods and/or services for the term of the agreement including any charges or payments that the vendor will pass through to a third party as part of the agreement with the exception of US postage passed through at official USPS rates.

(3) Purchasing activities. For the purposes of this policy, "purchasing activities" shall mean any actions resulting in the acquisition of goods and/or services, excluding construction projects, in exchange for a fee or some other form of consideration.

(4) Supplier or vendor. The terms "supplier" and "vendor" may be used interchangeably and shall mean, for the purposes of this policy, an organization or individual intending to provide goods and/or services to the university in exchange for consideration.

(C) Scope and eligibility.

(1) This policy applies to anyone engaging in university purchasing activities excluding capital construction projects.

(2) All university purchasing activities shall be administered through the procurement department as authorized by the senior vice president for finance and administration. The procurement department has been assigned the following primary responsibilities related to purchasing:

(a) Coordinating the purchase of goods and/or services required by the requisitioning department, as economically as possible and consistent with desired quality using principles of value analysis;

(b) Administering required competitive bidding processes including, but not limited to, approving or denying requests for waiver of competitive bidding and obtaining completed security questionnaires, where applicable, from potential vendors;

(c) Establishing vendor contracts for purchase of goods and/or services as well as rental or lease of equipment with review by university counsel prior to execution of contracts;

(d) Participating in inter-university council contracts, state of Ohio term contracts, other universities' contracts, or other joint/group purchasing contracts when such contracts resulted from competitive bidding that met state requirements and university policy and when it has been determined to be in the university's best interest to do so;

(e) Providing guidance and information to the university community regarding mandatory use of university contracts and monitoring adherence to this requirement;

(f) Generating purchase orders and authorizing change orders for goods and/or services;

(g) Recommending standard specifications for equipment and materials of common use throughout the university;

(h) Encouraging participation of diverse suppliers in all university purchase agreements;

(i) Monitoring the use of the university purchasing card (p-card) program as per rule 3342-7-02.16 of the Administrative Code;

(j) Performing the purchasing function in compliance with applicable state and federal regulations, laws, and guidelines and university policies including maintaining current language in requests for proposal and purchase orders regarding vendor requirements.

(D) Procedure and implementation.

(1) Authority. No individual has the authority to enter into purchase contracts or to obligate the university to any agreements other than those individuals who have been properly delegated authority as per rules 3342-5-04 and 3342-5-04.1 of the Administrative Code or as otherwise provided for in the Administrative Code.

(2) Mandatory use of university contracts. All purchases of goods and/or services for which there is an existing university contract with one or more preferred vendor(s) must be made from those vendors. This rule applies regardless of the payment method used as further provided in paragraph (D)(7) of this rule.

(3) Approvals required. The required approval levels for an agreement to purchase goods and/or services are based on the cost of the agreement as defined in paragraph (B)(2) of this policy. Approval levels are specified in paragraphs (D)(1) to (D)(4) of rule 3342-7-12 of the Administrative Code. For agreements that require approval by the board of trustees, the procurement department will provide the requisitioning department with due dates for submitting information prior to each regularly scheduled meeting of the board of trustees. The procurement department will coordinate the purchasing activity to meet the dates established. The requisitioning department will be responsible to notify the procurement department if plans change that impact the need to seek approval of the board of trustees for a purchase agreement. This would include changes to the anticipated dollar amount of the agreement and/or changes to the timeline for approval.

(4) Approval routing for payments under the required approval thresholds as defined in paragraph (D)(3) of this policy have been established by the university's epayables application.

(5) Procurement transactions related to sponsored programs. Special procurement requirements often apply to purchasing transactions under a federal award or other sponsored program. In cases where the terms of the grant or contract are more restrictive than the university's policy, those terms shall govern. In cases where the limitations imposed are less restrictive, the university's policy shall apply.

(6) Purchases requiring purchase orders. Any purchase of goods with a cost of five thousand dollars or more or services with a cost of fifty thousand dollars or more requires a purchase order issued by the procurement department utilizing an e-procurement system. This requirement shall not be circumvented by splitting a transaction into multiple smaller transactions.

(7) Competitive bidding requirements.

(a) Conditions requiring competitive bidding. Agreements to purchase or lease goods when the value is twenty-five thousand dollars or more, or services when the value is fifty thousand dollars or more shall be awarded to the vendor offering the best overall value pursuant to competitive bidding procedures established by the procurement department. This requirement shall not be circumvented by the purchaser by splitting a transaction into multiple smaller transactions. The dollar limits are for any single supplier in aggregate for all purchases of similar goods and/or services for the entire university in any fiscal year where it is possible to identify such purchases in advance. If not identified until after the fact that aggregate purchases from a single supplier during a fiscal year have reached the dollar limits requiring competitive bidding, future purchases from the same supplier will not be made until competitive bidding has been conducted. This subsequent competitive bidding will be required only if it is likely that future purchases of similar goods and/or services from that supplier within the fiscal year will again exceed established dollar limits. Competitive quotations may also be solicited by the procurement department for purchases below the established limits whenever doing so would best serve the interests of the university.

(b) Administration of competitive bidding. Formal quotations and/or proposals for all purchases that require competitive bidding will be obtained by the procurement department through a request for proposal (RFP) or request for quotation (RFQ) based on written descriptions or specifications provided by the requisitioning department. Informal quotes below competitive bidding limits are encouraged and may be obtained by the requisitioning department.

(c) Solicitation of bids. Any purchase or lease of goods and/or services that requires competitive bidding will be advertised in a way that is most beneficial to the university while satisfying requirements of competitive bidding.

(d) The acceptable minimum number of responsive and responsible bids the university will receive to satisfy the requirements for any single competitive request for proposal (RFP) process shall be one. While more than one responsive and responsible bid for any single competitive RFP process is desired and preferred, it may not always be possible. In accordance with established procedures, that single bid will be given a fair and objective evaluation. Should that bid be determined satisfactory to the requesting department's needs, then steps will be taken to award the RFP to that vendor and begin the contracting process. Should that bid be determined unsatisfactory to the requesting department's needs, the bidder will be advised that the offer is unsatisfactory and the RFP canceled and reissued later with modified specifications in an effort to obtain at least one responsive, responsible and satisfactory bid.

(e) Vendor selection. The vendor selected as a result of a competitive bidding process shall be the vendor determined to offer the best overall value taking into consideration all factors identified in the specifications of the bid solicitation.

(f) Notification of vendor selection. The vendor selected and all other vendors responding to a bid solicitation shall be notified in a timely fashion of the selection pending approval by the board of trustees (where applicable) and execution of a contract. In cases requiring approval of the board of trustees, contract terms may be negotiated pending the approval, however such negotiation shall not revise or otherwise materially change or alter the specifications provided for in the bid documents and/or response. The resultant contract will be executed only after all appropriate approvals have been secured pursuant to rule 3342-7-12 of the Administrative Code.

(g) Waiver of competitive bidding. Competitive bidding requirements may be waived for the purchase or lease of goods and/or services with the approval of procurement and the senior vice president for finance and administration under limited circumstances. Such waiver is limited to the following purposes:

(i) Emergency situation. Whenever the board of trustees, the president, or the respective vice president has determined that an emergency situation exists requiring such action.

(ii) Sole source supplier. Whenever it is impossible or unreasonable in the judgment of the director of procurement to obtain more than one bid for comparable goods and/or services because the goods and/or services are obtainable only from one source (evidence of which must be provided by the requesting division). Justification provided by the requesting division must specify essential features provided by the sole source supplier that other suppliers of similar goods and/or services do not have. Mere preference for a vendor, product, or service is not a sufficient basis for a sole source exception. Such requests may also require a written statement from the supplier certifying that its quoted price is equal to or less than that given to its most favored customers or other governmental entities.

(iii) Economic reasons. Whenever it is determined that the use of another supplier would result in incompatibility with existing conditions; require considerable training, time, and money to implement; the goods and/or services are an integral component of an ongoing long-term project; the goods and/or services offered are at a substantial discount below current market conditions and price structures; or the item is used (previously owned) and the price is confirmed to be less than the current price for a comparable new item.

(iv) Established contracts or agreements. Whenever existing federal, state, inter-university council, or other group purchasing organization agreements or contracts from other state of Ohio universities are used as a source for establishing prices where, in the discretion of the director of procurement, such bidding process utilized by the entity is consistent with the minimum protections required by university policy and state and federal law. Any such contracts must have resulted from competitive bidding that adhered to state requirements and university policy.

(h) Exceptions to competitive bidding requirements. Certain purchases do not lend themselves to the competitive bid process or the competitive bid is run by a state authority such as auditor of state for annual financial audit provider. Prior to entering into an agreement with a supplier for purchases of these types, the requisitioning department may consult with the procurement department to review terms and conditions. The procurement department will assist in the final negotiations to ensure compliance with university and regulatory requirements. In general, the following do not require competitive bidding:

(i) Temporary staffing (except where the cost of a single staffing engagement is fifty thousand dollars or more);

(ii) Legal services;

(iii) Annual year-end financial audit services;

(iv) Real estate or investments and associated fees;

(v) Regulated utilities;

(vi) Publishers (books, periodicals, and other published materials) (This exception does not include distributors of published materials.);

(vii) Entertainment providers;

(viii) Dues or fees for institutional membership in an organization or association;

(ix) Tickets for passenger air transportation;

(x) Public notifications required by law or to provide notification of job openings;

(xi) Postage purchased from the US postal service or through a vendor at official USPS rates;

(xii) Purchases from state agencies or other state-assisted institutions of higher education.

(8) Payment options.

(a) Payments based on vendor invoice. Payment for goods and/or services requisitioned by purchase order shall be paid by check, ACH, wire transfer, or other approved electronic or credit-based payment method pursuant to submission of a vendor invoice in the epayables application. The submission of the invoice indicates the goods and/or services purchased have been satisfactorily received.

(b) Other payments via check, ACH, wire transfer, or other approved electronic or credit-based payment method. Payment for any purchase of goods with a total cost of less than five thousand dollars that for any reason cannot be accomplished via use of the purchasing card (p-card) or services with a cost of less than fifty thousand dollars may be accomplished via submission of the invoice in the epayables application.

(c) Payments via purchasing card (p-card). Any purchase with a cost of less than five thousand dollars and not restricted by other university policy may be transacted using the university's p-card including transactions initiated through a purchase order. (The does not supersede the requirements for purchase orders as specified in paragraph (D)(4) of this rule.) The dollar limit for p-card purchases shall not be circumvented by splitting a transaction into multiple smaller transactions. Specific information applicable to obtaining and proper use of the p-card is available on the accounts payable website and is governed by rule 3342-7-02.16 of the Administrative Code.

(9) Minimum requirements for vendors.

(a) Equal employment opportunity requirement. Kent state university requires that all suppliers, in bidding and/or filling a purchase order, agree not to discriminate against any employee or applicant for employment with respect to hiring and tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, gender, age, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era to the extent required by law. The supplier must further agree that every subcontract for a given order will contain a provision requiring nondiscrimination in employment, as herein specified.

(b) Buy Ohio. Division (B) of section 125.11 of the Revised Code requires state agencies and universities to give preference in their purchasing activities to vendors whose products are produced, mined, etc. in Ohio or to suppliers that qualify as having a significant Ohio economic presence. This requirement may be waived when compliance would result in the university paying an excessive price for the product or acquiring a disproportionately inferior product.

(c) Buy America. Division (B) of section 125.11 of the Revised Code requires state agencies and universities to give preference in their purchasing activities to vendors whose products are produced, mined, etc. in the United States. This requirement may be waived when a determination has been made that the products to be purchased are not produced, mined, etc. in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality.

(d) Other state and federal legal requirements. All vendors transacting any form of business with Kent state university shall comply with all state and federal laws and shall not be banned from doing business with the federal government thus identified on a federal list of debarred or excluded suppliers.

(e) Kent state university is committed to procurement practices that comply with section 125.081 of the Revised Code. In accordance with this provision, the university aims to allocate a portion of its eligible purchases for competition among state-certified suppliers as designated by applicable law. All departments are expected to include qualified suppliers in bidding and quoting opportunities wherever feasible.

(f) Data security. Vendors who will have access to data by virtue of a university agreement to purchase goods and/or services shall comply with requirements as established by the Kent state university division of information services. These requirements include, but are not limited to, providing relevant attestations, completing data security questionnaires, and complying with Kent state university data security policies and procedures.

(g) Tax exemption. The university is exempt from paying Ohio sales tax (and other recognized states). The tax exemption certificate can be found on the procurement department website. All agreements must comply with this provision where appropriate.

(h) Ohio compliance requirements. All vendors doing business with the university shall, as a condition of agreement, confirm compliance with certain Ohio provisions which may be in effect from time to time and required by the university procurement office.

(10) Ethical issues related to purchasing. Regardless of purchasing method used, the procurement department adheres to a strong code of ethics when dealing with the university's supplier community. In order to create an atmosphere of mutual respect, it is the university's intent to establish open communications with the university's suppliers. As a result, Kent state university subscribes to the following:

(a) Personal purchases. No personal purchases are permitted to be made, either via purchase order, payment request, or university purchasing card (p-card) regardless of intent to reimburse the university. In addition, no employee may use the university's name or present him/herself as an agent of the university when making personal purchases.

(b) Conflict of interest. Conflict of interest arising out of university employment is governed by university policy and Ohio law. State employees are prohibited from using their university positions to advance their private interests, financial or otherwise. Employees must follow the rules set forth in Chapter 102. of the Revised Code relating to private interest in a public contract as well as paragraphs (D)(3) and (D)(4) of rule 3342-5-04.1 and rule 3342-6-23 of the Administrative Code.

(c) It is prohibitive for any university employee to accept any gratuities, premiums, or other incentives.

(E) Violation. Any person who violates this policy by making unauthorized purchases through use of the university's name and funds may be personally liable for that purchase and may be subject to disciplinary actions up to and including termination.

Last updated April 27, 2026 at 7:40 AM

History

  • Effective: April 26, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-9-03.1

(A) Purpose. The purpose of this policy is to enable the use of innovative technology by members of the university community while utilizing available resources to mitigate the risk of unauthorized access or disclosure. All computer systems either accessing or storing institutional data or operating on the university network must meet the information security standards as defined or otherwise referenced in this rule.

(B) Definitions.

(1) Application. A set of one or more computer programs designed to permit users to perform a group of coordinated functions, tasks, or activities. Examples of applications include but are not limited to: student support systems, administrative support systems, databases, and other application programs installed by the user or administrator on a device or server. For the purpose of this rule, covered applications are limited to those applications running or installed on university-owned information technology, on any server and/or storage device used to hold or transmit institutional data, or any cloud-based server and/or storage device.

(2) Physical server. A dedicated physical computer on a network that is capable of accepting requests from multiple university clients and providing responses accordingly.

(3) Virtual server. A server created through the use of software known as a hypervisor that allows a single physical computer to be partitioned into multiple server computing units.

(4) Storage device. A device used for recording and storing information (i.e. institutional data).

(5) Network attached storage device. A computer connected to a network that provides only file-based data storage services to other devices on the network.

(6) Firewall. A part of a computer system or network that is designed to block unauthorized access while permitting outward communication.

(7) Institutional data. All data created, collected, maintained, recorded or managed by the university, its staff, and agents working on its behalf. It includes data used for planning, managing, operating, controlling, auditing and reporting on university functions. When appropriate, institutional data may also include research data that contains personally identifiable subject information, or proprietary university information.

(C) Scope. This policy applies to all student employees, faculty, staff, (collectively "university stakeholders") and third parties acting on behalf of Kent state university as well as any other university affiliate authorized to access or is in possession of Kent state university institutional data and IT resources. This policy applies but is not limited to all computer systems (applications, physical servers, virtual servers, and storage devices) that process or store university information. The policy applies both to computer systems that are run locally at Kent state university campuses and those that are hosted or maintained by outside vendors. Exceptions to this policy must be approved by the vice president for information technology and formally documented. Exceptions will be reviewed on a periodic basis and may be withdrawn at the discretion of the vice president for information technology.

(D) Procedures.

(1) The division of information technology ("IT" or "information technology") is responsible for documenting the required security standards, updating on a periodic basis, and posting to the IS website at security.kent.edu. (a) Such security standards as adopted and maintained by the division of information technology are intended to ensure adherence to the standards set forth by existing laws and regulations, such as but not limited to: sections 1349.19 and 149.43 of the Revised Code; the Family Educational Rights and Privacy Act; and the Health Insurance Portability and Accountability Act.

(2) Existing computer systems (applications, servers, and storage devices) will be audited against the current standards.

(3) All new requests for computer systems (applications, servers, and storage devices) must be reviewed by information technology to ensure the proposed system meets the security standards.

(4) University stakeholders must receive prior approval from the division of information technology before utilizing externally managed services, applications, and servers.

(a) Vendors of externally managed services and applications shall be required to complete the vendor security checklist prior to engagement of such resources or transmission of institutional data. Such checklists must be reviewed by IS.

(b) Service agreements and terms of use shall be submitted by the requesting university stakeholder for review by information technology and other university stakeholders as required under rule 3342-5-04.1 of the Administrative Code.

(c) Any storage of institutional data with external service providers requires the prior approval of information technology.

(5) Servers and network-attached storage devices operating on the Kent state university network shall be secured according to the risk they pose to institutional data, to critical university processes, or to the ongoing compliance of the university to state, federal or other regulations.

(a) Servers and network-attached storage devices will be located in the data center if they:

(i) Contain sensitive personal identifiable information (PII);

(ii) Fall under state, federal, or other regulatory compliance obligations;

(iii) Directly integrate with other servers located in the data center;

(iv) Provide mission-critical functions to departmental faculty, staff, or to students; or

(v) Provide or impact financial-related processes.

(b) Access to the data center shall be controlled by IS operations staff.

(c) All data center devices shall reside behind IS-managed firewalls.

(d) Remote access shall be approved and managed by IS office of security and access management.

(6) All applications are subject to vulnerability assessments by IT. In the event of the identification of a critical vulnerability, IT shall require remediation in order for the user and/or server/storage device to remain on the network.

(7) The use or storage of sensitive institutional data (including but not limited to personally identifiable information, or other information protected from unauthorized disclosure by law, regulations or policy) on any server or storage device for any purpose must adhere to the processes, standards, and requirements as directed by IT office of security and access management.

(8) Domain names other than kent.edu acquired by university stakeholders for the operation of applications must be obtained and registered through information technology.

(9) Violations of this policy may result in suspension or loss of the user's access to computing, storage, or network resources, with respect to institutional data and university-owned information technology.

Last updated March 6, 2024 at 3:45 PM

History

  • Effective: December 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-16

(A) Policy statement. It is the policy of the university to make its electronic and information technologies, accessible to all students, prospective students, employees, guests and visitors with disabilities, particularly those with visual, hearing, or manual impairments or who otherwise require the use of assistive technology to access information provided through the university's electronic and information technologies.

(B) Definitions. Electronic and information technologies shall include all information provided through the university's website, online learning and course management systems, and curriculum, institutional and administrative data systems.

(C) Scope. This policy shall apply to all staff, faculty, and third parties providing EIT to or on behalf of the university.

(D) Requirements. All electronic and information technologies shall comply with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation at 34 C.F.R. Part 104, and the Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35.

(E) Implementation. The vice president for student affairs, the vice president for information services and the provost will be responsible for implementing this policy pursuant to a phased-in implementation schedule. Compliance with this policy will be prioritized based on academic, research and administrative needs, resource constraints and technology limitations.

History

  • Effective: May 1, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-04.2 Administrative policy regarding electronic signatures.

(A) Policy. In order to provide for the effective and efficient administration of university contract administration, electronic signatures are permissible when executed in accordance with this rule. The university recognizes an electronic signature as legally binding to the fullest extent permitted by law. The implementation and use of electronic signatures at the university shall remain consistent with division (I) of section 1306.20 of the Revised Code.

(B) Implementation. The division of business and finance shall be responsible for the administration of this rule, and shall coordinate with other divisions and offices as necessary to ensure uniform procedures for contracting with non-university parties through electronic signature.

(1) The division of business and finance is responsible for the establishment of university standards for the use of electronic signatures. Such standards may be revised by the division to ensure the effective and efficient use of electronic signatures.

(2) This rule operates in conjunction with the delegations of authority as provided for in the university's administrative policy for contract administration as codified in rule 3342-5-04.1 of the Administrative Code. Electronic signatures may only be executed by an individual authorized to contract on behalf of the university as provided for in rules 3342-5-04 and 3342-5-04.1 of the Administrative Code.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-05 University policy regarding additional police assitance.

Policy statement. The president of the university is authorized to request the assistance of other law enforcement agencies in emergency circumstances. This resolution does not prohibit requesting the assistance of other law enforcement agencies by the university police department under pre-understood tactical arrangements, mutual aid agreements, or where time is of the essence.

Last updated April 9, 2021 at 8:38 AM

History

  • Effective: April 9, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-06 University policy regarding delegation of authority to close the university.

Policy statement. In emergency circumstances and after declaration of a state of emergency as authorized by House Bill 1219 of the 108th General Assembly, the president of the university may suspend all or part of the university operations. Such suspension may exceed four days only upon authorization of the board or, if a quorum cannot be consulted, the chairperson thereof.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-07 University policy regarding archives.

Policy statement. Recognizing the importance of preserving materials documenting the history of the university, the university archives is designated as the official repository for such items. The university archives has two reasons for its existence, one practical and the other historical. The practical reason is that the university archives provides a safe, central repository for records that are no longer of immediate use to the office or organization that created them. The other reason is that many of these materials are of significant historical value and are vital to the documentation of the history of the university. Although the utilization of the records storage and retrieval services of the university archives is voluntary, all members of the university community are encouraged to deposit their noncurrent records in the university archives so that posterity can better understand our activities.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-08 University policy regarding collection, retention, and dissemination of information about students.

(A) Purpose. In order for the university to achieve its goal of providing for the optimal educational development of its students, it may accumulate and maintain records concerning their characteristics, activities and accomplishments.

(B) Policy operation. In order to provide for and protect the privacy of its students, the university will collect, retain and disseminate such information according to the following principles:

(1) Students will have access to information about themselves and its uses in university records.

(2) Procedures will be established for a student to challenge and correct or amend an inaccurate record.

(3) The university shall insure that student information is not improperly disclosed or used for other than authorized purposes without the student's consent, unless required by law.

(4) University personnel who are custodians of data files containing sensitive information shall take reasonable precautions to insure that student data are reliable and not misused.

(5) Policy and procedures concerning collection, retention and dissemination will be in compliance with state and federal law.

(C) The president shall promulgate necessary administrative regulations to implement this rule.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-08.2 Administrative policy regarding disclosure of social security numbers by students.

(A) Purpose. First begun in 1967, the university requires that all students having a social security number disclose that number to the university. The student's social security number becomes his or her student I.D. number which is the identifier of the student used on most university records.

(B) Operational procedure. The student's and the university's rights and responsibilities concerning the student I.D. number are regulated by university policies and rules 3342-5-08 and 3342-5-08.101 of the Administrative Code, governing collection, retention and dissemination of information about students.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-08.101

(A) Purpose. In compliance with the university policy regarding the collection, retention and dissemination of information about students, the administrative policy contained in this rule has been established.

(B) Enforcement.

(1) The enforcement of this policy will be the responsibility of each major executive officer of the university and the supervisor of any office which retains information about students. The Family Educational Rights and Privacy Act of 1974, as amended, will guide the application of this rule.

(2) The vice president for enrollment management will be the custodian and major executive officer of the university responsible for the implementation of this policy.

(3) Recommendations for alterations or additions to this policy may be made by appropriate student and faculty governing bodies to the office of the vice president for enrollment management. Questions of interpretation may also be directed to that office. The registrar will assist the vice president for enrollment management or designee in this responsibility.

(4) The registrar is required to maintain an up to date university records inventory of personally identifiable student records. The registrar should be consulted to review and approve all basic forms utilized for any mandatory data collections.

(C) Definitions.

(1) Student. A "student" is defined as a person who has been accepted into a program of study and has participated in any post-admission university sanctioned process to facilitate the registration of classes.

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

(D) Classification and collection of student educational records.

(1) The term "educational record" does include:

(a) The official academic record composed of documents and electronic files maintained by the office of the university registrar. The registrar is the official custodian of these records.

(b) Academic advising records are the materials maintained in the college and academic departmental office for use only in advising and/or preparing the recommendations for state certification. These are not to be confused with the aforementioned official academic record.

(c) Discipline records including notification, proceedings, results and action taken as a result of student conduct hearings, are maintained in the office of student conduct. The director of student conduct or designee is the official custodian of these records.

(d) Student financial aid records including application, parents' confidential statement, need analysis form, promissory note, employment and other related information are maintained in the office of student financial aid. The director of student financial aid is the official custodian of these records.

(e) The career exploration and development center records including student employment applications, resumes, letters of reference, employment records of work study students, and related information are maintained in the office of career exploration and development center. The executive director of the center is the official custodian of these records.

(2) The term "educational record" does not include:

(a) Records which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute;

(b) Police records which are maintained solely for law enforcement purposes;

(c) Records which are maintained solely in connection with a person's employment within the university unless the employment records are as a result of their status as a student; and

(d) Health-related records. Records that are: (i) created or maintained by a physician, psychiatrist, psychologist or other recognized professional or capacity, or assisting in that capacity and which are acting in that capacity; (ii) created, maintained or used only in connection with treatment of the student; and (iii) disclosed only to individuals providing the treatment.

(3) Collection of student information. Information which the university may wish to collect for student educational records through any of its offices, departments or agents directly from the student, whether prior to admission, at the time of entrance, or at any other time, should be viewed as falling into one of three categories, as follows:

(a) Directory information, which includes the student's name, local and permanent, major field of study, kent.edu email address, class standing (undergraduate/graduate; freshman, etc.), enrollment status (full/part-time), participation in officially recognized activities and sports, dates of attendance and degrees and awards;

(b) Restricted external, which includes any and all information contained in educational records not categorized as directory information. Such information may not be released except under the provision of this policy. Examples of restricted external information are social security number, date of birth, identification photograph, marital status, number of dependents, country of citizenship, , academic evaluations and standardized and other test scores;

(c) Restricted external and internal records are not classified as "educational records." This class of records is normally associated with special professional services such as mental health, physical health and law enforcement. The collection, use and dissemination of such information is controlled by separate policies.

(E) Release of information.

(1) Requests for information. All institutional personnel should be alert to refer promptly to the official custodian of the appropriate office any requests for information. Faculty members and the various institutional offices should restrict their responses to that information germane to their sphere of responsibility in relationship to the student, such as faculty advisor, major professor or academic dean. The existence of specific legislation permitting access should be determined before release of information and all releases must be consistent with FERPA and applicable local, state, and federal laws and regulations.

(2) Information contained in student records may be released under the following conditions:

(a) Directory information may be disclosed on an unlimited basis by the office of the university registrarin response to written requests.

(i) Directory information categories are published on the office of the university registrar web site. Students are notified each term via their "kent.edu" email address on their right to restrict the publication and release of directory information.

(ii) An opportunity for individuals to restrict the publication of directory information concerning themselves is available by making a written petition to the registrar. Students are notified each term via their "kent.edu" email on the right to restrict the disclosure of directory information.

(b) Restricted information may only be released with the student's written permission, with the exceptions allowed by law. Following are some of the more common exceptions for release of restricted student information.

(i) To school officials with the legitimate educational interest.

(a) School officials. Those members of the university community who act in the student's educational interest within the limitations of their "need to know." These may include faculty, administration, clerical and professional employees, university police, and other persons, including student employees or persons or businesses formally authorized to act for the university, who manage student education record information.

(b) Legitimate educational interest. For the purposes of agency 3342 of the Administrative Code, "legitimate educational interest" shall mean an educationally related purpose which has a directly identifiable educational relationship to students involved and underlies the request. More particularly, the following criteria shall be taken into account in determining the legitimacy of a university official's access to student records:

(i) The official must seek the information within the context of the responsibilities that he or she has been assigned;

(ii) The information sought must be used within the context of official university business and not for purposes extraneous to the official's area of responsibility or to the university;

(iii) The information requested must be relevant and necessary to the accomplishment of some task or to making some determination within the scope of university employment;

(c) Disclosure to a school official having a legitimate educational interest does not constitute institutional authorization to transmit, share, or disclose any oral information to a third party. An unauthorized disclosure of personally identifiable information from the education record of the student is prohibited.

(ii) To complete transfer admissions forms requested by the student.

(iii) If approved research studies are being conducted in such a manner as will not permit the personal identification of the student except to researcher;

(iv) If required by accrediting agencies in order to carry out their accrediting functions;

(v) If required by lawfully issued court order, subpoena or summons, upon the condition that students are notified of all such orders in advance of the compliance;

(vi) To appropriate parties if an actual, impending, or imminent emergency situation arises where the disclosure is deemed necessary to protect the health or safety of a student or other individuals pertaining to a significant and articulable threat, considering the totality of the circumstances; and

(vii) Parents of dependent students as defined in Section 152 of the "Internal Revenue Code" of 1954 may have access to their child's records provided they have demonstrated satisfactory evidence of the student's dependent status, and that the student be notified of all such requests in advance of compliance; except that release of information regarding a student's financial account to parents of a dependant student shall not require notification to the student.

(viii) Pursuant to the Family Educational Rights and Privacy Act, the office of the dean of students will send written notice to the parents of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession or consumption of any alcoholic beverages. The office of the dean of students may send written notice to parents of a student under twenty-one years of age when a first-time serious violation consists of:

(a) Alcohol negatively affecting the mental and physical well-being of oneself or others;

(b) Alcohol contributing to vandalism, assault, etc.; or,

(c) Alcohol contributing to a pattern of substance abuse.

(d) The university believes that parent notification is an educational measure that will provide students and parents an opportunity to appropriately deal with a potential problem that could result in serious academic, social, and personal health concerns.

(ix) Release to parties. The release of non-directory information to external parties without the student's consent must be recorded in the individual student file. The release of non-directory information to either external or internal parties must be accompanied by a warning that such information must not be passed on to fourth parties.

(F) Access to records.

(1) Student access. Students have access to their own educational records as described in this policy within a reasonable period of time not to exceed forty-five days of the request. All information in the educational records may be reviewed by the student except for:

(a) Financial records of the parents; and

(b) Confidential letters and statements of recommendation which are dated prior to the first of January, 1975.

(2) Waiver. A student may waive the right of access to these official records. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from the university.

(G) Challenge to the content of the records. If, after reviewing their individual file, a student wishes to challenge a perceived inaccuracy, misleading statement, or other perceived violation of their privacy or other rights, the following procedure is available:

(1) The student shall be provided an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data and to insert into such records a written explanation. A student may challenge a grade only on the ground that it was inaccurately recorded, not that it was lower than the instructor ought to have awarded.

(2) If the official custodian of the records and the student agree that information is inaccurate, misleading or otherwise in violation of the student's rights, the official custodian of the records may make the necessary corrections or remove the information.

(3) Upon the request of either the official custodian of the records or the individual student, a hearing may be conducted to settle disputes.

(4) The registrar will serve as hearing officer. Should the hearing officer have a direct interest in the outcome of the hearing, the vice president for enrollment management will serve as hearing officer. The following guidelines are to be followed:

(a) The hearing shall be conducted and decided within a reasonable period of time following the request for hearing;

(b) The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised; and

(c) The decision of the hearing officer shall be in writing to the student, and inserted into the file within a reasonable period of time after the conclusion of the hearing.

(H) Review and destruction of educational records. All persons or organizational subdivisions of the university maintaining educational records must establish procedures for the regular and periodic review of all information for the purposes of ensuring its accuracy and continued usefulness and for the elimination of the unnecessary and unverified data. A copy of such procedures must be on file with the registrar. These retention schedules must be a part of the university retention schedule.

Educational records which are involved in a pending request for access may not be destroyed until access according to this rule has been granted.

(I) Complaints of violations of this policy may be directed to the registrar at registrar@kent.edu. In the event that the registrar is the subject of the complaint, communication should be directed to the vice president for enrollment management. Complaints will be reviewed and may include an investigation where appropriate. The grievance process will be concluded within thirty business days, but may be extended with notice in writing to all parties. If the registrar determines that a policy violation has occurred, they will make recommendations to the appropriate individual(s) and or department(s) regarding how the violation should be addressed, including possible modifications to procedures, training, and other appropriate remedies. Complaint findings will be provided in writing to all relevant parties. Other university processes, such as the academic complaint procedure, may be utilized concurrently with this process. Complainants also have the option of filing a complaint with the U.S. department of education's policy compliance office.

Last updated September 2, 2025 at 7:32 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-08.102 Operational procedures and regulations regarding release of name and address listings.

(A) Procedures for release of name and address listings from computer services.

(1) Any individual wishing to request rosters, labels or listings of university students, faculty, staff or associates from computer services should go to the appropriate sponsoring agency to secure an approval form. A sample of the material to be distributed should be attached to the approval sheet.

(2) If the sponsoring agent, having consulted such rules as the university rule on the collection, retention and dissemination of information about students, the sales and solicitation rule and the human subjects review rule, finds no violation in the intended use of the listings, he/she may indicate approval by affixing an approved signature to the request.

(3) The following are the authorized sponsoring agencies:

(a) Vice president for enrollment management and student affairs if the request is from a student organization;

(b) Dean of college or school if the request is from a faculty member;

(c) Dean of college or school if the request is from a student on a research project; and

(d) Vice president of the appropriate area if the request is from an administrative staff member.

(4) Upon receipt of the appropriate sponsoring agency signature, the sheet must be taken to the manager of the list. Generally, any list of students is managed by the registrar's office. A list of nonacademic personnel is managed by the nonacademic personnel office. Faculty and staff listings are managed by the president's office. Information pertaining to the manager of any list not noted on the sheet may be obtained through computer services.

(5) When the form is signed by both sponsor and manager, approval is granted. The form is to be taken to computer services, where the process of printing the authorized list will be completed.

(6) Approved requests must be submitted to computer services two weeks or ten working days prior to the date it is needed in order to allow for processing time.

(7) No lists will be granted to individuals or organizations to advocate action which is contrary to law or university policy.

(8) No lists will be granted to individuals or organizations seeking to solicit for personal gain.

(9) Consistent with the university rule on the collection, retention and dissemination of information about students, no student rosters may be made available to nonuniversity sources. Requesting agencies should be referred to the student directory published annually in the fall and available to the public at the university bookstore. The only exceptions to this would be the supplied to contractors performing university services, such as the insurance company carrying our student health insurance coverage.

(B) Office procedure regarding the release of name and address listings from computer services.

(1) The center for student involvement will sponsor those requests for lists required to implement all campus elections to governing or honorary bodies. No charge will be made for these lists.

(2) All other requests which meet the criteria for the dissemination of information regarding students will be approved by the office of campus life; however, they will be assigned the lowest priority for computer time, and the requesting organization will be charged at the rate in effect at the time. In addition, output such as labels or printouts will be charged at the current forms cost.

(3) The Family Rights and Privacy Act prohibits the giving of individual student grades to anyone other than faculty or staff acting within their capacity on legitimate university business. This would prohibit giving honoraries or any other student group individual student grades or a list of all students over a specific grade point average. The center for student involvement may, however, obtain a list of all students who meet the minimum academic standards for induction into the honorary and mail information provided by the honorary to the individual student group.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-10 University policy regarding copyrights.

(A) Policy statement. In accordance with the custom established in institutions of higher learning, the university has no interest in copyright ownership of works of employees and students or in royalties therefrom except when the work is prepared under contract with the university; when the work is created within the scope of university employment; or when the work is created through a direct and significant allocation of university resources to a specified project; in which cases it is the property of the university, unless the university expressly waives its rights thereto.

(B) Implementation. The president shall promulgate policies and procedures implementing this policy.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-10.1 Administrative policy regarding copyrights.

(A) Purpose. It is the policy of the university to encourage appropriate scholarly and creative activity by faculty, staff and students. Foremost among these activities is the production of works disseminating the results of academic research or scholarly study.

(1) Authors of copyrightable works are free to register the copyrights and publish these works as their own except where the work is a "work made for hire."

(2) University resources are to be used solely for university purposes and not for personal gain or personal commercial advantage, nor for any other non-university purposes.

(B) Definitions.

(1) Work made for hire. A "work made for hire" is a legal term defined in the copyright act as "a work prepared by an employee within the scope of his or her employment," or certain works "specially ordered or commissioned" if the parties so agree in writing. This definition is taken to include works prepared by employees as a result of sponsored agreements between the university and outside agencies. For copyright purposes, the employer by law is the author, and hence the owner, of works made for hire. The creator of a work is therefore not the copyright owner in the following instances:

(a) The work is created within the scope of employment. This definition includes:

(i) Any copyrightable work created as a specific responsibility of the position for which the employee is hired;

(ii) Any copyrightable work, other than the results of academic research or scholarly studies, created by a non-faculty employee during working hours or as a result of use of university resources which are available only by virtue of employment status; or

(iii) Any copyrightable work created through a direct and significant allocation of university resources to a specified project.

(a) University resources include, but are not limited to, staff time, equipment, funds, release time from assigned duties, and computer usage.

(b) A "direct and significant allocation of resources" is defined as a requested and approved allocation of resources not normally available to all members of an employee's unit, or significant utilization of specialized distributed learning facilities and equipment.

(b) The work has been specifically commissioned or ordered by the university, and a written agreement specifying copyright ownership has been executed prior to the completion of the work; or

(c) The work is created under a sponsorship/contractual agreement with copyright provisions defining the ownership of copyrights.

(C) Scope of copyright law.

(1) Tangible medium. Copyright protects the original works of authors as expressed in a tangible medium. Literary works (including computer software); musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audio-visual works; and sound recordings are the major categories of works that are included within the protection of the copyright law. Copyright protection does not extend to any idea, process, concept, discovery, system, program logic, algorithm or the like. It is the expression which is protected. Neither the idea nor the object in which the expression is embodied is protected by copyright (U.S.C. Title 17, section 102). For example, a written description of a manufacturing process is copyrightable, but the copyright prevents only unauthorized copying of the description; the process described can be freely used unless it enjoys some other protection, such as a patent.

(2) The copyright owner has the exclusive right to produce copies of the work, prepare derivative works, distribute copies by sale or otherwise, and display or perform the work publicly (U.S.C. Title 17, section 106). The above-mentioned rights may be sold or licensed separately.

(D) Procedures.

(1) Copyright ownership - personal copyrights.

(a) Personal works. Works made by university authors, but not made for hire nor made within the scope of employment, are the property of the authors. This category includes the results of research and scholarship, and artistic and creative works such as novels, poems, compositions, paintings, computer software and audio-visual materials (not developed with significant utilization of specialized distributed learning facilities and equipment). Confirmation that a work was not made within the scope of employment can be requested from vice provost and dean of research and graduate studies.

(b) Contributed works. At the request of the authors, the vice provost and dean of research and graduate studies may accept for the university ownership of personal works donated by university authors. These works may then be registered in the name of the university at its option. The authors must execute a written copyright agreement confirming that the contribution has been made at their request.

(2) Copyright ownership - university copyrights.

(a) Works made for hire. University copyright ownership in a work made for hire may be relinquished only by an official of the university specifically authorized to do so, in which case the university will retain non-exclusive royalty-free license to such works.

(b) Works made within the scope of employment.

(i) The copyrights for all works which are created within the scope of the author's university employment as defined in paragraph (B)(1)(a) of this rule, are the property of the university unless an appropriate copyright agreement form has been executed and approved releasing the work. Copyright agreement forms releasing university works are submitted to the office of research and graduate studies for execution by the university.

(ii) The vice provost and dean of research and graduate studies, acting as agent for the university, is responsible for determining and then informing the authors of the work, whether the copyright of a work which is eligible to be registered in the name of the university will either be:

(a) Released to the authors by the execution of appropriate copyright agreement forms;

(b) Retained by the university for university purposes; or

(c) Placed in the public domain with or without registration

(iii) The general policy of the university is to register in the name of the university only those of its works which have potential for royalty return.

(iv) In the absence of a written agreement to the contrary, all income from such works within the scope of employment is retained by the university.

(c) Commissioned or specially ordered works. Under the law, the copyrights for all works in this category are the property of the author unless an agreement has been executed releasing the work. Therefore, a written copyright agreement shall be executed and approved prior to commencement of the work. The disposition of copyrights and royalties of works which are made after the execution of a written copyright agreement between the university and the authors shall be governed by that agreement. Ordered or commissioned works can be:

(i) Author-initiated. Authors who request and receive direct and significant university support for the creation of their works, must enter into a written copyright agreement with the university.

(ii) University-initiated. The university may specially order or commission the creation of works and will negotiate a written copyright agreement with the authors. University-initiated ordering or commissioning of works shall require the approval of the appropriate vice president.

(d) Sponsored works. The disposition of the copyrights of works created by authors as an assigned university duty with support from an outside sponsor shall be governed by the sponsorship agreement provisions covering those copyrights. In the absence of a sponsorship agreement, sponsored works created by university employees shall be treated as works within the scope of employment. (See paragraph (B)(1)(a) of this rule.)

(e) Compensation to the author. Compensation to the author may be made through one of several methods or a combination of them by means of an executed agreement under the authorization of the appropriate vice president or designee. Typical methods are as follows:

(i) By released time of a specified number of semester hours of teaching for a specified period of time.

(ii) By additional compensation in a specified amount chargeable to the unit which is sponsoring the material either from the standpoint of their use or production;

(iii) By compensation for a specified time and amount during a period when the author is not regularly employed, such as summer sessions; and

(iv) By a share of the royalties, if any, which accrue from the use and sale of the work in accord with the university's guideline for distribution of license and royalty income.

(f) All publishing agreements and royalty-bearing licenses relating to university copyrights must be executed by the office of research and sponsored programs.

(E) Appeal. This policy and standard copyright agreement forms cover the normal author-university relationships. In case of a disagreement, the author can appeal to the provost.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-10.2 Administrative policy regarding official university letterhead.

(A) The university has official letterhead stationery approved by the administration.

(B) All offices and departments are to use the official letterhead for all off-campus communications. Except for formal or ceremonial purposes, letterhead stationery should not be used for intra-university correspondence.

(C) The official letterhead is printed on rag bond, watermarked with the university seal, in the standard letter size of eight and one-half inches by eleven inches.

(D) No letterhead will be personalized with an individual's name.

(E) The university printing service on campus prints all letterheads. An approved list of offices and departments and their manner of designation has been given to the university printing service. No deviations from the approved list are permitted.

(F) Matching envelopes are ordered through the purchasing agent.

(G) Form letters using the university letterhead design should not be printed on rag bond paper. However, individualized form letters prepared using word processing equipment may use rag bond paper.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-10.3 Administrative policy regarding publications.

(A) Policy. All publications bearing the seal or imprint of the university must be processed by the publications and printing office. The publications and printing office is a resource office for all members of the university community and is concerned with quality of writing, design, printing techniques and economies of university publications.

(B) Definitions of university publications.

(1) "University publications" are defined as all printed materials paid for in part or wholly by university funds, including monies received by the university from federal grants and other special grants awarded to the university, including funds given for university purposes through the Kent state university foundation.

(2) All university publications must be processed through the publications and printing office. This includes duplication of any materials which would constitute a major publication.

(3) Special letterheads, business cards, brochures and flyers for special events and/or conferences should be treated as publications and processed through the publications and printing office.

(4) It shall be the responsibility of the publications and printing office to review each publication request with regard to:

(a) Production economies, and appropriateness of selected printer(s) and/or vendor(s);

(b) Writing, design, and general format consistent with overall university quality and the "Chicago Manual of Style"; unless academic journal/publication requires another style manual; and

(c) Duplication in editorial content or audience distribution. Customers are responsible for obtaining copyright privileges. Copyright releases are to be provided to the publications and printing office upon request.

(5) In the event of difference between the originating department and the publications office regarding acceptability, the vice president for university relations and development will recommend a final decision to the major budget officer involved. The major budget officer is defined in rule 3342-5-10.301 of the Administrative Code.

(6) Publications not processed through the publications and printing office are subject to immediate cancellation. If printed without processing they become the responsibility of the person originating the publication, including financial obligation.

(7) Materials not to be processed through the publications and printing office include:

(a) One-page materials to be photocopied within the department or by the university's copy center(s);

(b) Printing for student organizations such as clubs, fraternities, and sororities, except when the university seal, official name or logo are used;

(c) The "Daily Kent Stater" newspaper, the "Burr" magazine, and other publications funded through the student publications policy committee, the alumni magazine, and the "Inside" and "For the Record"; and

(d) University press publications, except any marketing materials.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-10.301

(A) Purpose. No office, faculty or staff member can purchase printing without initiating such action through the publications and printing office. Unless the request for printing is approved by the major budget officer and the manager of publications and printing, the purchasing department will not issue a purchase order to any vendor.

(B) Authority.

(1) All requests for printing of publications must be on the form initiated by the publications and printing office and must have signed approval of a major budget officer for that university division requesting the publication.

(2) For the purpose of this rule, the major budget officers are the president; for academic area, the appropriate vice provost or dean; and the other vice presidents or designate of the other divisions of the university.

(C) General procedures.

(1) The originating department's representative must start at the publications and printing office for all printing work. Procedures are carried through from that point by the publications and printing office, including bid specifications, bid requirements, and the final issuance of a purchase requisition.

(2) Publications that are done several times during the year may obtain a blanket publications approval request form for the fiscal year, beginning the first of July and ending the thirtieth of June. Publications, such as routine newsletters, commencement programs, and class schedules that receive a blanket publications approval for the fiscal year must still be initiated in the publications and printing office for its review.

(3) Specifications for all publications generated in the publications and printing office.

(4) Quality standards are to be determined by the publications and printing office, and all publications are expected to meet those standards before approval is given. Publications may be disapproved for reasons such as poor layout or design, poorly written copy, duplication of another publication, or excessive costs.

(5) If and when differences arise between the originating department and the publications and printing office over such a non-approval, then the vice president for university relations and development will recommend a final decision to the major budget officer involved.

(6) All contracts for printed material off campus shall be processed by the purchasing department pursuant to rule 3342-5-12.3 of the Administrative Code.

(7) Specifications for contracts must be written by the publications and printing office and then submitted to the university purchasing department.

(D) Procedures for publications by publications and printing office.

(1) The publications and printing office must be provided with a description of the proposed publication, including such details as size, number of pages, paper, ink, quantity, number of photos and screens, bindery work, date needed, purpose, and university account number.

(2) The publications and printing office assigns a request number. Specs are determined by the printing coordinator and one of the vendors selected by the university to print the various documents, letterhead, envelopes, brochures, newsletters, programs, schedules, and other types of printed materials.

(a) A blanket publications approval request form for the year may be issued for publications that are done several times during the year, such as newsletters, commencement programs, and class schedules.

(b) Departments utilizing the blanket publications approval request form must still have their publications reviewed by the publications office.

(c) The standard ten working days for the completion of the job begins after the person/department requesting the job has signed the proof sticker in the box marked "okay to print" when a delivery date has not been specified.

(d) Departments utilizing the blanket publications approval request form will follow procedures set by the publications and printing office.

(e) Any changes in paper stock, ink, and design of the job, or changes made after the final sign off, will nullify the blanket publications approval request form.

(3) This job, once approved by the requesting person/department, will be assigned a work order and a job number. The printing coordinator or a printing representative will track each job through the production period, providing a proof from the vendor.

(4) Once the proof is signed as of "okay to print," the vendor will have ten working days to deliver the finished product to the person/department. When a delivery date has not been specified, other pick-up and delivery options will be made available.

(5) Rush jobs must be approved in advance by the publications and printing office, and will depend on vendor availability.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-10.4 Adminsitrative policy regarding social media activity.

(A) Policy statement. This policy applies to all Kent state university employees who manage and/or participate in maintenance of university social media account activity in platforms ranging from, but not limited to, YouTube, Facebook, LinkedIn, Twitter, Google+, Flickr, Instagram, Tumblr and Pinterest for the purpose of managing the institutional brand and sharing institutional and departmental information.

(B) Scope. Employees and other members of the university community who create institutional social media accounts and/or are granted access to a social media account shall follow all policies, rules, procedures and guidelines established to manage social media activity for university accounts. This policy does not apply to personal social media activities.

(C) Implementation.

(1) The division of university communication and marketing is responsible for promulgating the rules, procedures and guidelines for regulating the university's use of social media, including but not limited to the "guide to social media" as amended. The division of university communications and marketing shall monitor industry trends to support ongoing development of university guidelines.

(2) To achieve the overall advancement of Kent state university's unique institutional brand identity, as defined in the Kent state university positioning platform and "guide to marketing," social media spaces and activity covered by this policy, shall be governed by the guide to social media.

(3) The division of university communications and marketing shall assist departments, divisions and all units covered by this policy in identifying noncompliant elements and shall provide assistance to departments to bring departmental social media spaces into compliance with this policy.

(4) The divsion of university communications and marketing shall be added as a social media administrator for each departmental social media account for the purpose of providing coverage during departmental transitions, which can result in lapses of maintenance.

(5) Copyright and ownership of internet materials, whether original or derived works, created or developed by Kent state university staff, faculty or students are prescribed by Kent state university contractual agreements or policies regarding intellectual property, including but not limited to rules 3342-5-11, 3342-5-10, 3342-5-10.1, 3342-5-10.2, and 3342-5-10.3 of the Administrative Code.

(6) No social media activity can contain any copyrighted or trademarked material without permission of the copyright/trademark holder except as permitted by law. Photographs, drawings, video clips or sound clips may not be used without permission of the person who created them or the entity owning the rights where applicable.

(7) Other than basic identification information described in the guide to social media, this policy is not intended to regulate content.

(8) Kent state university institutional and departmental social media accounts and activity must adhere to the terms of service established by each social media platform.

(9) Institutional and departmental social media accounts must include the institutional disclaimer statement as provided for and provided in the guide to social media.

(D) Violations.

Violations of this policy may result in the revocation of an employee's administrative rights to their respective institutional or departmental social media accounts.

History

  • Effective: March 1, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-11

(A) Purpose. This rule provides guidance on the creation and production of films, tapes, audio visual materials, audio materials, manuals, books, workshops, and other such items, which will stimulate faculty and staff interest in their production in such a manner that the materials can be shared within and outside the university. This should serve to clarify and protect the rights of the author and the university by defining which materials are designated as "university sponsored."

(B) Definitions.

University sponsored educational materials. "University sponsored educational materials" are those which the author or producer has been specifically commissioned in writing by the university, on appropriate university forms, to develop the materials and in their production has used some part of the time for which he received compensation from university administered funds or used substantial university resources.

(C) Policy statement.

(1) It is the policy of the university that the ownership of educational materials designated as university sponsored shall vest in the board.

(2) The author of the university sponsored educational materials shall be compensated in accordance with a specific agreement.

(3) The author shall retain the intellectual rights to the materials.

(4) The rule is subject to contractual provisions of extramural grants and contracts if the materials are developed as part of a grant or contract activity.

(5) Use of the materials for instruction at the university requires normal academic approval.

(D) Compensation to the author.

(1) Compensation to the author may be made through one of several methods or a combination of them by means of an executed agreement under the authorization of the provost, or designee. The methods are as follows:

(a) By released time of a specified number of semester hours of teaching for a specified period of time;

(b) By additional compensation in a specified amount chargeable to the unit which is sponsoring the material either from the standpoint of their use or production;

(c) By compensation for a specified time and amount during a period when the author is not regularly employed, such as summer sessions; and

(d) By a share of the royalties, if any, which accrue from the use and sale of the work.

(2) Once having agreed to the amount and form of the compensation, the author receives the specified and agreed upon compensation regardless of the success or failure of the work commercially.

(3) Appropriate accounting procedures shall be established to assure record of income and expenses for the purposes of royalty distribution, if any.

(E) Administrative procedures suggested.

(1) Establishment or designation of an appropriate university officer to handle and approve procedures including those for the agreement and provisions for copyright and licensing.

(2) Establishment of an advisory committee to that officer.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.3

(A) Policy purpose. The purpose of this policy is to document the responsibilities and requirements related to capital asset handling and recordkeeping of university property, including capital assets. The associate vice president for facilities planning and operations is responsible for the administration of this policy, as well as the development, implementation, and communication of the procedures necessary for the sale and/or disposition of university property as provided herein.

(B) Definitions.

(1) University property. All materials, supplies, and equipment owned or leased by Kent state university, including capital assets, regardless of the means of acquisition

(2) Capital asset. Any tangible personal property such as equipment, furniture, or other assets with a value of five thousand dollars or more, including all costs to prepare the asset for use (installation, shipping and handling, etc.), and an estimated useful life in excess of one year. This definition excludes library books and real property. Real property is land and any assets attached directly to land such as buildings and building improvements.

(3) Surplus university property. University property that is in excess of department needs, no longer in use by the department, technically or mechanically obsolete, no longer functional, or has no intrinsic value.

(4) Unit. Officially recognized administrative structures of the university such as campuses, colleges, schools, departments, offices, institutes, and centers.

(5) Campus surplus. A subdivision of university facilities management delegated by the associate vice president for facilities planning and operations to be responsible for the distribution, sale, or disposal of university property.

(C) Scope and eligibility. This policy applies to all university property purchased or leased with Kent state university funds or funds within the control of Kent state university. This scope of this policy does not include the sale and other disposal of motor vehicles owned or leased by the university for which university fleet services retains sole control and authority.

(D) Procedure and implementation.

(1) Acquisition. All university property must be procured in accordance with applicable university policies including but not limited to rules 3342-7-12 and 3342-7-12.1 of the Administrative Code.

(a) Capital asset identification. Upon delivery and/or installation and prior to being placed in service, all capital assets must be tagged and assigned an inventory control number by the controller's office in the division of finance and administration. The unit acquiring the capital asset is responsible for affixing the tag to the asset and completing the related documentation to provide to the controller's office.

(b) Inventory control. Each unit is responsible for the university property under its control, including applicable maintenance and repair. Capital asset verification. The components of inventory control include recordkeeping and maintenance of assets. Recordkeeping for capital assets shall be administered through the controller's office. The acquiring unit is responsible for maintaining the capital asset in a location and manner to avoid damage, theft, or other loss of the asset. The acquiring unit is also responsible for performing a physical inventory of all tagged capital assets every two years in order for the university to maintain compliance with applicable federal and state regulations. The bi-annual inventory is initiated by the controller's office and the acquiring unit is responsible for verifying that every capital asset listed on the report is still present in the unit and in good working order. The unit shall notify the controller's office of any changes in the capital asset status or location.

(2) Sale of university property, including capital assets. All university property must be sold or otherwise disposed of in accordance with this policy. Units are not permitted to sell or otherwise dispose of property in any other manner not provided for by this policy.

(a) Sale of university property acquired with university funds (not from grants or sponsored programs). Campus surplus is responsible for the sale of university property by one of the following methods:

(i) Redistribute to another unit of Kent state university as surplus university property;

(ii) Pursuant to competitive bidding procedures with the university property being sold to the highest bidder;

(iii) In an advertised public sale or auction with the applicable university property having a price assigned and sold or auctioned to the public at a stipulated time and place. Net proceeds from the sale of surplus property will be used to financially sustain the staffing and overhead costs of the campus surplus operation. For items with a resale value over two thousand five hundred dollars, a minimum of seventy-five per cent of the net proceeds will be credited to the releasing department, with the remaining per cent credited to campus surplus (with exception to regional campuses and college of podiatric medicine, where campus surplus shall only be credited with ten percent of the net proceeds or a flat twenty-five dollar fee, whichever is more); or

(iv) Exceptions must be approved by the associate vice president for facilities planning and operations. For all capital assets, the unit is responsible for notifying the controller's office of the sale or disposal of any capital asset, but the unit is not permitted to transact a capital asset sale or other disposal.

(b) Disposal of surplus university property acquired with university funds (not from grants or sponsored programs). Surplus university property not redistributed within the university or sold via public sale or other methods provided for in paragraph (D)(3)(a) of this rule may be disposed of in the way most economical for the university. Campus surplus shall be responsible for all surplus university property received, and shall have the sole discretion to determine its appropriate disposal for maximum benefit to the university, including scrap.

(c) University property, including capital assets, acquired with funds from sponsored programs. Special recordkeeping and disposal requirements often apply to university property purchased under a federal award or other sponsored program. In cases where the terms of the grant or contract are more restrictive than university policy, those terms shall govern. In cases where the requirements imposed are less restrictive, university policy shall apply. Disposition of sponsored program assets must meet all university and sponsor requirements and be coordinated through the office of sponsored programs to ensure appropriate approval before the university controller's office and procurement department will give final approval. In the event of relocation of a principal investigator (PI) to another institution, the PI may be permitted to transfer equipment from the PI's ongoing grant(s) or contract(s) with prior approval of the appropriate university authority in conjunction with the terms of the grant(s) or contract(s). Additionally, it is the PI's responsibility to work with the university controller's office and the procurement department to ensure that all university asset disposition requirements have been met prior to physically transferring the equipment. Additional details regarding requirements specific to sponsored programs are provided for in rule 3342-10-03.1 of the Administrative Code.

(d) Donations or sales of university property, including capital assets, to private individuals, for-profit organizations, or other state employees are prohibited unless sold in accordance in with paragraph (D)(3)(a)(iii) of this rule.

(E) Prohibition. In accordance with the conflict of interest policy provided for in rule 3342-6-23 of the Administrative Code, university employees may not personally benefit from the sale of university-owned material or equipment.

(F) Reporting and records. Campus surplus shall maintain all records of sales and other disposals of university property as provided for by this policy.

(G) Violation. Any violation of this policy may result in the department being subject to supervised inventory control measures and any person who violates this policy may be subject to disciplinary actions up to and including termination.

History

  • Effective: September 14, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-11.1 Administrative policy regarding videotapes, films, and slide presentations.

(A) Policy. All videos, films and slide presentations that are developed primarily for external public relations purposes and are presented as a production of Kent state university must be reviewed by the university video/slide review committee. It is not the intent of this rule to include those videos, films and slide presentations whose primary purpose is related to instruction, research or scholarship, or the professional activities of faculty, students and staff of Kent state university.

(B) Policy. All videos, films and slide presentations that are developed primarily for external public relations purposes and are presented as a production of Kent state university must be reviewed by the university video/slide review committee. It is not the intent of this rule to include those videos, films and slide presentations whose primary purpose is related to instruction, research or scholarship, or the professional activities of faculty, students and staff of Kent state university.

(1) Writing and general format consistent with overall university quality;

(2) Taping and editing consistent with overall university quality;

(3) Duplication in editorial content or audience distribution;

(4) Factual information.

(C) University videotapes, films and slide presentations covered by this rule will include presentations paid for in part or wholly by university funds, including general fees such as student activity fees, and monies received by the university or the Kent State University foundation from federal, state, local, or private grants.

(D) This rule will also apply to making duplicate copies of any materials subject to this rule, unless excluded by paragraph (E)(1) of this rule.

(E) Examples of materials not to be processed through the university video/slide review committee include:

(1) Reproductions (dubs) of videotapes previously approved by the university video/slide review committee;

(2) Internal TV-2 productions;

(3) Classwork assigned to students (unless to be distributed outside the university);

(4) Video/slide/film presentations produced for instructional use in the classroom;

(5) Video/slide/film presentations produced for research or scholarly purposes or for professional presentations;

(6) Tapes produced by teleproductions for channels 45/49;

(7) Video/slide/film presentations to be used for in-service training of university personnel;

(8) Coverage of university-organized news conferences and news events.

(F) Videos, films and slide presentations subject to this rule not reviewed by the university video/slide review committee are subject to immediate cancellation. If produced without review, they become the responsibility of the person originating the video, film or slide presentation, including financial obligation.

(G) In the event of differences between the originating department and the university video/slide review committee regarding acceptability, the vice president for institutional advancement will recommend a final decision to the major budget officer of the division originating the request.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-11.101 Operational procedures and regulations regarding videotapes, films, and slide presentations.

(A) All requests for videotapes, films, or slide presentations covered by this rule shall be reviewed by the university video/slide review committee.

(B) Cost estimates for videotapes and slide presentations are written by the instructional resources center, teleproductions and/or AV services, respectively. When the instructional resources center is working with teleproductions on a video, a joint-estimate will be written.

(C) No department, faculty or staff member may produce a videotape, film or slide presentation subject to this rule without initiating such action through the university video/slide review committee. Unless the request for videotapes, films and slide presentations is approved by a major budget officer and the university video/slide review committee, the request to produce a videotape, film or slide presentation will be denied.

(D) The originating department's representative must start at teleproduction's office for videotape-related productions or AV services for slide presentations. The instructional resources center primarily produces videos for the college of education. Procedures are carried through from that point by the university video-slide review committee.

(E) All requests for videotapes/slides/films must be submitted on the form issued through the instructional resources center, teleproductions or AV services and must have signed approval of the major budget officer for that university division requesting the videotape, slide/film presentation.

(F) The instructional resources center, teleproductions, or AV services will be responsible for notifying and scheduling a meeting of the video/slide review committee. Individuals producing films are responsible for notifying and scheduling a meeting of the video/slide review committee.

(G) For the purpose of this rule, the major budget officers are the president; vice presidents of the university; and for academic and student affairs, the appropriate dean or vice provost.

(H) Quality standards are determined by the university video/slide review committee, and all videotapes/slides/films are expected to meet those standards before approval is given. Videotapes/slides/films may be disapproved for many reasons, such as poor quality of videotape or images, inaccurate information, poorly written copy, poor sound quality, or poor format duplication of another videotape or slide presentation.

(I) If and when differences arise between the originating department and the university video/slide review committee over such a disapproval, the vice president for institutional advancement will recommend a final decision to the major budget officer involved.

(J) Procedures for video/film slide presentations.

(1) Teleproductions (video request) or AV services (slide presentation request) must be provided with a written description of the proposed video/slide presentation, including such details as proposed length and purpose. The instructional resources center must provide the university video/slide review committee with a written description of the proposed video presentation, including such details as proposed length and purpose.

(2) The instructional resources center, teleproductions or AV services then determines a cost estimate, completes the approval request form and transmits a copy to the requesting department.

(3) The requesting department must have the approval request form signed by the departmental head or chairperson and the appropriate major budget officer.

(4) The major budget officer and the departmental head or chairperson each retain one copy of the approval request form and the instructional resources center (video), teleproductions (video), or AV services (slide presentation) retains the third copy. Photocopies of the signed approval request form are forwarded to the university video/slide review committee.

(5) The university video/slide review committee shall proceed with approving or denying the request. A majority decision of the committee is needed for the request to be processed further.

(6) After the request has been initially approved, the university video/slide review committee will be given the script, if applicable, for its approval or denial. A majority decision of the committee is needed for the request to be processed further.

(7) Once the videotape/slide/film presentation has been produced, the university video/slide review committee will review the production or presentation. A majority decision of the committee is needed for the request to be processed further.

(8) When it has been determined that the videotape, film or slide presentation meets university specifications and standards, the director of university news and information representative on the university video/slide review committee will stamp the form "approved by university video/slide review committee."

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12 University policy regarding guidelines for the use of grounds, buildings, equipment, and facilities.

Purpose. The president is directed to include specifically in his duties of general supervision the duty to regulate the use of grounds, buildings, equipment, and facilities of the university and the conduct of the students, staff, faculty, and visitors to the campus so that law and order are maintained and the university may pursue its educational objectives in an orderly manner pursuant to the policies and regulations passed by the board and the laws of the state of Ohio.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.1 Administrative policy regading space and space programming.

(A) Purpose. All physical facilities of the university, including space for activities, are the property of the state of Ohio and are subject to all regulations governing the operation and use of such.

(B) Scope. This policy applies to all university owned, operated, or leased property (collectively "university property").

(C) Definitions. For the purposes of this policy, "space" means the physical facilities on university property assigned in accordance with this policy to a university division, college, school, or other academic or administrative unit.

Allocations for student organizational use is exempted from this rule, as such space is provided at the discretion of the vice president, or dean of a college or regional campus responsible for the physical facility in which the student organization is or would be located.

(D) Authority and responsibility.

Ultimate authority for space planning and the assignment of space rests with the president, who retains the right to review any actual or proposed allocation. The president delegates the oversight and administration of this rule to the senior vice president for finance and administration. Space assignments and allocations of university property may be expanded, relocated, compressed or eliminated at the sole discretion of the senior vice president for finance and administration, or designee as provided herein, subject to appeal as provided for in this rule.

(E) Space planning advisory committee (SPAC).

(1) The SPAC shall be responsible for reviewing space planning, allocation, and/or assignment issues affecting existing space on university property.

(2) The committee shall be jointly chaired by the associate vice president facilities, planning and operations and the senior associate provost. Members of the SPAC shall be appointed by mutual agreement of the chairs.

(3) The committee shall be comprised of twelve additional members appointed as follows: one member each from student affairs, information services, human resources, and institutional advancement, two campus deans, two academic departmental chairs or directors, the vice president for the regional campus system, two faculty representatives (one member to be selected from nominations submitted by the faculty senate and one at-large member), and one student representative to be selected from nominations submitted by both the undergraduate and graduate student governmental bodies.

(4) The university registrar will serve as an ex-officio, nonvoting member. The chairs may also appoint such other ex-officio members as deemed necessary.

(5) The committee will meet at regular intervals to review facility requests and to make recommendations to the senior vice president for finance and administration regarding the six-year capital plan, renovation priorities, space-utilizations standards and practices, and space-assignment issues.

(F) Procedures.

(1) Requests for space are limited to the following circumstances: the request involves new space (temporary or permanent), the request involves the space currently assigned to more than one college or division, the request involves space that will involve occupancy by more than one college or division, or the current or proposed space is a classroom, lecture or seminar space, or laboratory.

(a) Requests for space in accordance with this rule shall only be initiated by a vice president, or dean of a college or regional campus.

(b) Internal re-allocations of space within academic or administrative units are not required to be submitted to the SPAC, as long as such re-allocations are approved by the vice president, or dean of a college or regional campus responsible for the physical facility in which the re-allocation will occur.

(c) Single use of campus grounds or non-administrative or non-academic space for special events does not require the approval of the SPAC.

(2) Requests shall be submitted to both the senior associate vice president for finance and administration and the senior associate provost. All requests must be received in a timely manner in consideration of any planning renovations, modification, or furniture procurement required for the space, in addition to any class scheduling concerns that may be associated with the space or its renovations and/or modifications.

(a) Requests shall include the following information:

(i) Building name and room or space numbers involved (for requests associated with existing buildings).

(ii) Proposed project title (for requests associated with new facilities or assignment of land resources).

(iii) Purpose of scope with supportive rationale for the need and clear description of personnel and activities to be housed.

(iv) Estimate financial impact including anticipated costs for associated improvements.

(v) Closing statement.

(vi) Any supporting material shall be attached.

(b) Each request shall be reviewed by the office of the university architect to verify the project feasibility. The office of the university architect will consult with the university registrar as necessary. The feasibility evaluations will be considered a required component of the submission.

(c) The co-chairs of the SPAC will determine if additional information is required by the ex-officio members or the applicant prior to meeting with the full committee.

(d) At the conclusion of its review, SPAC shall deliver a written recommendation to the senior associate vice president for finance and administration, who in turn, may further consult with the president and provost. The senior associate vice president for finance and administration shall deliver the final written decision to the requestor, within 30 days of receipt of request. The written decision shall indicate whether the request is:

(i) Approved,

(ii) Conditionally approved,

(iii) Recommended for later consideration, or

(iv) Rejected by the senior associate vice president for finance and administration, within thirty days of submission to the full committee. The person or department initiating each request will be notified by the SPAC of the action taken.

(3) Space programming.

(a) The office of university architect will be responsible for preparing all space programming including the room relationships and sizes.

(b) The office of the university architect will be responsible for preparing and maintaining the university guidelines and standards for general building design requirements including office sizes (based on occupant and use), teaching/research space sizes and capacities. The standards will promote efficient use of all university spaces and allow for future adaptive uses when appropriate.

(c) All space programming will be submitted to the SPAC for review prior to final submission to the responsible dean, provost or division head.

History

  • Effective: April 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.2 Administrative policy regarding storage and receiving.

Policy statement. The university supply center shall receive all supplies and equipment, store same as is required, make proper accounting, maintain inventory records, make distribution to the various offices and departments of the university, and authorize, insofar as delivery and condition are concerned, the payment for all supplies and equipment. The university supply center is authorized to approve direct shipments to departments as appropriate, contingent upon acceptable standards of receiving and reporting by the departments.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-03.1

(A) Purpose. The sponsored programs office ("sponsored programs") resides in the division of research and sponsored programs and, together with grants accounting in the controller's office, is responsible for stewardship of external funds received for sponsored projects. Sponsored programs oversees submission of proposals to external sponsors, negotiation/acceptance of grant and contract awards, and other Sponsored programs-related matters. Sponsored programs shall assist faculty and staff with:

(1) Retrieval of funding source information;

(2) Preparation of proposal applications to include budgeting;

(3) Authorization and submission of proposals to federal/state/local/private sponsors;

(4) Negotiation/acceptance of grant/contract award agreements to include review of terms/conditions;

(5) Plans for spending awarded funds;

(6) Award modifications to include changes in scope of work or key personnel, re-budgeting, and/or no-cost extension requests; and

(7) Grant/contract personnel appointments.

(8) Additionally, in cases of proposed or awarded projects, sponsored programs shall guide faculty and staff in interpretation of university/federal/state/other sponsor policies relative to cost principles; external sponsor-required university cost sharing; effort certification; university use/maintenance/sharing of equipment; intellectual property rights; use of human participants; animal care and use; use of high hazard chemicals, radioactive materials, recombinant DNA, bio-hazardous materials, select agents/toxins; matters related to export controlled data; and classified research/sensitive but unclassified research.

(B) Scope. A "sponsored project" is defined as any externally funded research or scholarly activity that has a defined scope of work or set of objectives, which provides a basis for sponsor expectations. This more specifically involves research, demonstration, professional development, instruction, training, curriculum development, community and public services, or other scholarly activity involving funds, materials, or other forms of compensation, or exchanges of in-kind efforts under awards or agreements.

(1) A project is considered a "sponsored project" if any one of the following conditions apply:

(a) The project is awarded based on a proposal request;

(b) The university commits to a statement of work for a specified project;

(c) The project involves a set of objectives which provides the basis for sponsor expectations;

(d) The proposal includes a detailed budget;

(e) There is a written agreement for a commitment of resources between a sponsor and the university, there is a specified period of performance, requires deliverables (such as reports, financial accounting, or intellectual property ownership);

(f) The award provides for the disposition of tangible or intangible property that may result from the project (such as equipment, records, formal activity reports, rights in data, software, copyrights, invention or research-related materials);

(g) The sponsor is involved in making decision regarding project performance; or

(h) The project involves the use of human subjects, laboratory animals, radioactive or hazardous materials, recombinant DNA, carcinogens, pathogens or proprietary materials.

(C) General principles.

(1) To generate proposals for external funding to the university, Sponsored programs will disseminate information on funding opportunities across all campuses.

(2) Compliance. Proposals must be consistent with the mission of the university and must be suitable to the unit in which the project is to be conducted. A proposal is a formal offer by the university to conduct a program under the direction of the principal investigator/project director who does so utilizing personnel and facilities of the university. Therefore, projects must comply both with university policies and external sponsor regulations. Authority for proposal submission resides in sponsored programs where the authorized organizational representative (AOR) or his/her designee is the legal signatory on submissions.

(3) Acceptance and contracting authority. A grant or contract award is an award to Kent state university and, as such, must be accepted by the university. Authority for acceptance resides in sponsored programs where the AOR or his/her designee serves as the legal signatory on grant or contract agreement documents.

(4) Principal investigators/project director role eligibility. Faculty members and professional staff who are full-time university employees may serve as principal investigators/project directors. It is the responsibility of the principal investigators/project directors to maintain academic and research integrity in the conduct of his/her sponsored project. A project may be carried out under the direction of one or more principal investigators/project directors within a single department, school, institute, center, regional campus or college or under the direction of such individuals from various cooperating units. In extenuating circumstances, an individual who is not a full-time employee may serve as principal investigator/project director; such cases must be sanctioned by the chair of the department/institute or center director, or regional campus dean from which the proposal is submitted. A full-time employee must assume both reporting and fiscal responsibility for the resulting award if granted.

(5) Approval process. Prior to the submission of the proposal to an external sponsor, a proposal must be approved electronically through the Coeus grant proposal and management system, or any subsequent system in place at the university as designated by sponsored programs. Though completion of the routing and approval process, the principal investigator/co-investigator/project director/co-director must accept responsibility for the proposal's content while also certifying compliance with the sponsoring agency and institutional requirements. Also prior to submission to an external sponsor, the proposal must be approved by the appropriate chair(s), director(s), regional campus dean(s), dean(s), or other university officer(s), as relevant, indicating to sponsored programs that the proposed project, its budget, and the level of effort committed by university personnel have the necessary university endorsements.

In reviewing the proposed project, the chair/director, dean or regional campus dean must ascertain that the proposed project is consistent with the goals of the department, college, school, or regional campus, that the faculty level of effort dedicated to the project is compatible with the unit's needs, and that any cost-sharing commitment is both possible and suitable. The college dean or regional campus dean shall review the proposed project to ascertain to what degree the project commits the college to long-term support of project personnel or program support beyond the award period.

(6) Budget. Sponsored programs staff shall determine the cost of a sponsored project in accord with principal investigator/project director needs and external sponsor program guidelines. The proposed project's budget shall include allowable direct costs, facilities and administrative costs, and, as needed, the appropriate, sponsor required university cost share whose source and amount has been approved by responsible chair, director, regional campus dean, or vice president.

(7) Cost sharing shall become part of a proposed project's budget when required by the external sponsor and only when authorized by the appropriate university official representing the unit providing the cost share. Cost sharing on one project precludes its use on another project. Sponsored programs shall ascertain that costs requested from an external sponsor as well as university cost sharing meet the cost principles (OMB A-21) of allowability, allocability, reasonableness, and consistency (with university financial practices). The university assumes the position that voluntary (not required by the external sponsor) cost sharing shall not ordinarily be offered, and that the university's negotiated facilities and administrative rate, an essential sponsored project cost, shall not be waived. When Kent state university project costs include subrecipient costs, in order to incorporate such costs into the Kent state university proposed budget, sponsored programs must receive adequate documentation from the subrecipient prior to proposal submission.

(8) Research projects involving use of human subjects must be reviewed by the university's institutional review board (IRB) prior to proposal submission or within thirty days after proposal submission if allowed by external sponsor guidelines (see rule 3342-3-03.2 of this Administrative Code). A project's human subjects must be protected in accord with federal regulations. A project that does not comply may not be conducted.

(9) Live vertebrate animals. Research projects involving use of live vertebrate animals must be reviewed by the university's institutional animal care and use committee (IACUC, as provided for in rule 3342-3-03.3 of the Administrative Code). No project involving animals may begin without approval by and adherence to recommendations by IACUC.

(10) Hazardous materials. Research projects involving use of high hazard chemicals, recombinant DNA, bio-hazardous materials, radioactive materials, or select agents/toxins must receive approval from the manager, research safety and compliance in research and sponsored programs. No project may begin without such approval.

(11) Export controls. The conduct of research projects involving export-controlled data must be approved by sponsored programs in concert with university legal counsel, with the aim of maintaining university exemption from export control restrictions based upon the university's position that it is (under "National Security Decision Directive 189") a fundamental research institution with publication rights which the university shall not waive. In such cases where export controlled information is a consideration, the university shall, as necessary, implement its master technology control plan accompanied by the annex appropriate to the specific project in question. Each project involving export-controlled information will comply with its specific annex.

(12) The university shall maintain its publication rights in all sponsored projects. The university shall not accept awards or enter into agreements for the support of research that permits another party the power to prohibit publication of or dissemination in any form of results of the sponsored research activities. The university shall permit short delays (thirty to sixty days) of publication or dissemination of results in order for sponsor review, not sponsor approval, in order for sponsors to remove inadvertently included, sponsor-provided proprietary information or for sponsors to seek patent applications; in such cases, these delay conditions will be specified in the initial grant/contract award.

(13) Classified research. At times, a government agency or an industry has need to contract with the university for a research project under conditions that do not permit free inquiry and disclosure of results. Such research is "classified research." Contracts for classified research may be considered on a case-by-case basis. The general purpose and method of such research shall be disclosed to pertinent faculty and administrators so that they can judge the appropriateness of the research and its contribution to human knowledge and well being. The funding agency shall not influence the selection or promotion of faculty members or the formulation of university academic policy. The study's results and conclusion shall be available for open discussion and/or publication after a reasonable period of time. To ensure adherence to these policies, faculty members shall submit any proposal responding to an external sponsor request involving classified research to the vice president of research and sponsored programs for review and consideration. The vice president of research and sponsored programs may consult with the university research council. The principal investigator or the granting agency may appeal the decision of the vice president to the provost. In order to facilitate the conduct of federal classified grants or contracts, the university shall continue to hold a "facility clearance." This involves providing the physical means to protect security data, perhaps requiring personal security clearance of certain university officers and other employees.

(14) Gifts. A solicitation for a gift (a donation that has no requirements attached and is not work for hire) is submitted through the office of institutional advancement and foundation. The office of institutional advancement and foundation is also responsible for submission of other proposed projects in such cases where the agencies/foundations require submission by that office. In these latter cases, sponsored programs shall assist the office of institutional advancement and foundation with accurate proposal budget development.

(15) Approving department. A proposal to an external sponsor is subject to approval of the department in which the sponsored project will reside. The proposal may be submitted only if the proposed project does not unduly disrupt the established research and teaching programs of the university and department, that is, if teaching obligations can be met or rearranged as needed; if appropriate space, equipment, and facilities can be made available to the project; and, if the university can provide for continuation of support for a project's new positions if required.

(D) Implementation: proposal preparation and submission.

(1) Individual faculty/staff members prepare proposals in accord with external sponsor guidelines.

(2) Sponsored programs staff shall review the proposal and provide project proposal support including but not limited to the following services:

(a) Sponsored programs staff shall review the proposal for adherence to university policy and sponsor regulations.

(b) Sponsored programs staff shall assist with development of the budget, ensuring its adequacy for the proposed work, allowability (meets cost principles as delineated in OMB A-21 and external sponsor cost requirements), and consistency with university financial procedures; and shall ascertain that the university is not cost sharing unnecessarily or unduly.

(c) Sponsored programs staff shall review the level of effort committed and the indicated current and pending support.

(d) Sponsored programs staff shall ensure that the principal investigator/project director follows university-required procedures (involving as necessary the institutional review board, the institutional animal care and use committee, the manager, research safety and compliance, university legal counsel) when human subjects, animals, export controlled data, high hazard chemicals, recombinant DNA, bio hazardous materials, radioactive materials, select agents/toxins, or new use of space (obtaining approval from the relevant university official) are involved in the project's conduct.

(3) Sub-recipient institution. When a sub-recipient institution serves as a partner in the university's proposed project, sponsored programs staff shall coordinate the proposal submission with the subrecipient. Sponsored programs staff shall obtain, prior to submission of the proposal, the necessary subrecipient documents. This documentation shall be in the form of a letter of commitment to the project, an officially authorized budget for subrecipient costs and cost sharing if applicable, the sub-recipient's statement of work substantiating what that institution will do for its proposed costs, and verification of the sub-recipient's facilities and administrative rate.

(4) AOR authorization. Every proposal must be authorized by the AOR for submission and submitted by sponsored programs staff to the external sponsor.

(5) Endorsement. Prior to its submission to an external sponsor, the proposal must be approved electronically through Coeus by the appropriate chair/director and dean or regional campus dean. In reviewing the proposed project, the chair/director, dean or regional campus dean and executive dean for regional campuses must ascertain that the proposed project is consistent with the goals of the department, college, school, or regional campus, that the faculty level of effort dedicated to the project is compatible with the unit's needs, and that any cost sharing commitment is both possible and suitable. The college dean or regional campus dean shall review the proposed project to ascertain to what degree the project commits the college to long-term support of project personnel or program support beyond the award period.

(6) Conflict of interest. Prior to its submission to an external sponsor, all potential conflicts of interest must be disclosed (see rules 3342-3-07 and 3342-3-07.1 of the Administrative Code) by the project's key personnel (those who have a role in the design, conduct, or reporting of the project). Each investigator must complete the "investigator certification" in Coeus, which incorporates the financial conflict of interest screening form questions, while key personnel must complete the financial conflict of interest screening form.

(7) Time for submission. Sufficient time shall be allowed for sponsored programs to process the proposed project. University principal investigators/project directors submitting proposals must follow the established timelines to ensure efficiency, expediency, and quality of the proposal process.

(a) Sponsored programs should be notified of intention to submit a proposal at least ten working days before the submission deadline.

(b) A complete proposal with the final budget must be entered into Coeus and routed for internal approval no later than five working days prior to the due date.

(c) If narrative proposal documents will be revised after submission for internal approval, all files must be finalized in Coeus no later than two working days before the due date of the proposal to the external agency or source.

(E) Procedures: Grant/contract acceptance, initiation, and administration.

(1) The grant or contract award to Kent state university is issued as a document that must be reviewed by sponsored programs staff, often in concert with university legal counsel; prior to acceptance, unacceptable clauses are modified or struck from the agreement. Acceptance is evidenced by the AOR's signature on the award agreement document. The university does not make funds available to the principal investigator/project director until he/she has met all compliance requirements (e.g., financial conflict of interest, IRB, IACUC).

(2) When an award to the university includes subrecipient collaboration, the university shall issue the subaward agreement that includes the external sponsor's award terms and conditions. The subaward agreement will require the subrecipient's certification of compliance with federal regulations and/or other external sponsor requirements. The agreement is then executed between Kent state university and the subrecipient. Ongoing monitoring of subrecipient technical performance is documented by the principal investigator/project director and of administrative requirements by sponsored programs and grants accounting.

(3) In the administration of grant or contract awards, sponsored programs shall abide by: The award instrument issued by the particular funding agency; OMB circulars A-21, A-133, A-l 10; Other federal regulations; and university policies.

(4) When an external sponsor selects a proposal for an award, the sponsor commonly requests additional budgetary or technical information. Such budgetary information may be provided only by sponsored programs staff.

(5) Any award negotiation that takes place between Kent state university and an external sponsor must be conducted by sponsored programs. If an external sponsor contacts a principal investigator/project director directly, he/she shall advise sponsored programs. Prior to finalizing negotiations, sponsored programs staff shall work with the principal investigator/project director to ensure that his/her needs are met and that the university is protected. Sponsored projects are subject to facilities and administrative costs (F&A) at the university's current federally-approved F&A cost rate agreement applicable to the type of project being conducted. If the sponsor has a published policy, uniformly applied, prohibiting or restricting the payment of F&A costs, the university may accept the reduced F&A rate in accordance with the sponsor's policy. This does not apply to for-profit sponsors that are expected to provide full F&A recovery.

(6) The principal investigator/project director shall operate within university policy and external sponsor requirements and shall be responsible for day-to-day direction and financial and administrative management of his/her awarded project. Sponsored programs staff shall guide the principal investigator/project director in the interpretation of university policy and external sponsor requirements. University policy and external sponsor terms and conditions shall be followed for all sponsored program activities including but not limited to travel, equipment acquisition, employment and committed effort of personnel, participation of human participants, and/or use of animals. The principal investigator/project director shall fulfill the requirement for review and certification of salaries, assuring that salaries charged to sponsored projects correspond to effort expended on those projects.

(7) Equipment as defined by the university that is purchased with grant/contract funds shall be subject to university equipment inventory control procedures regardless of whether title vests in the university or the funding agency. The principal investigator/project director shall be responsible for such equipment, shall purchase the equipment in due time (well before an award end date), and shall account for all items periodically as well as at the project's end. Retention and disposal of equipment at project termination falls into three categories: (a) equipment purchased by the university with university funds (deemed to be cost share) remains in the department, school, or regional campus of the principal investigator/project director and cannot be removed from the university by a resigning principal investigator/project director; (b) special purpose equipment purchased by the university with grant or contract funds with title vested in the university by a sponsor remains in the principal investigator/project director's department, school, or regional campus and may be transferred with the approval of the appropriate chair/director/regional campus dean to a principal investigator/project director's new institution upon his/her resignation, only if the department/school/regional campus has no use for the equipment (final approval for transfer rests with the provost or his/her designee; and (c) equipment purchased with grant/contract funds that remains vested with the external sponsor shall be tagged appropriately to identify the sponsor and grant/contract number and shall be disposed of in accord with external sponsor instructions and as coordinated between the controller's office and sponsored programs.

(8) Kent state university considers that cost sharing included in proposal budgets and accepted by the sponsoring agency is an award condition and university obligation. Cost sharing is subject to audit; the external sponsor will require repayment of a portion of grant funds if the proposed cost sharing is not obtained/documented and could terminate an active award. Cost sharing obligations, including both mandatory and voluntary-committed investigator effort, are appropriately recorded by project in the university's accounting records and substantiated by documentation (e.g., effort certification, vendor letters stating equipment value). Cost sharing is monitored for timeliness and adequacy as well as for allowability, allocability, reasonableness, and consistency with other university charging procedures. Cost sharing expenditures like expenditures subsidized by the grant/contract award must comply with federal cost principles and sponsor award terms and conditions. Where cost sharing is a requirement of a university-issued subaward, the cost sharing commitment that the university requires from the subrecipient is included in the university-issued subaward document. The subrecipient's compliance with the required cost sharing commitment is then monitored by both the principal investigator/project director and grants accounting and appropriately reported to the external sponsor.

(9) Throughout an externally funded project's course, the principal investigator/project director shall inform his/her chair/director, or regional campus dean as well as sponsored programs staff if there is or will be (a) any deviation from the project's sponsor-approved scope of work, budget, and/or level of personnel effort; or (b) any other change necessitating external sponsor approval. Sponsored programs staff should be informed about any such proposed deviations prior to discussions that might occur between the principal investigator/project director and the external sponsor. The principal investigator/project director shall not communicate directly with the external sponsor about such deviations without approval from sponsored programs.

(10) A separate university-restricted index with its own number shall be established for each externally sponsored project. All project-related expenditures shall be charged directly to this index. All expenditures must occur during the period of the grant/contract award. Principal investigators/project directors shall be responsible for reviewing the project expenditures (as documented in the university system-generated reports) on a monthly basis, correcting any errors, and staying within the sponsored programs-approved budget. Costs allocable to a particular sponsored agreement may not be shifted to other sponsored agreements in order to meet deficiencies caused by overruns or other fund considerations, or to avoid restrictions imposed by law, by terms of the sponsored agreement, or for other reasons of convenience.

(11) Costs allocable to activities sponsored by industry, foreign governments or other sponsors may not be shifted to federally sponsored agreements. If a cost transfer is made due to discovery of an error, the transfer must be supported by documentation that fully explains how the error occurred and a certification of the correctness of the new charge. sponsored programs staff must approve any cost transfer that exceeds ninety days from the original erroneous charge.

(12) External sponsors and Kent state university expect principal investigators/project directors to manage the funded grant/contract project both within the sponsor-approved budget and project period. Unanticipated developments can, however, necessitate modification of the budget, scope of work, personnel effort, project period, or, in some cases, all of these. Principal investigators/project directors who need a modification must submit the request to sponsored programs for approval. The university has established procedures to implement the federal expanded authorities and documents actions taken under such federal expanded authorities. Exercising this authority, the university's AOR is able to approve certain budget and time frame modifications, to include pre-award costs, expeditiously without contacting the funding agency. When required, the university seeks external sponsor prior approval for modifications and maintains records of the approvals granted.

(13) As recipients of external funds, principal investigators/project directors must exercise appropriate responsibility in reporting performance on the funded project to the sponsor. Technical progress (e.g., quarterly, annual) and final reports shall be submitted by the principal investigator/project director to the external sponsor as required and in timely fashion. The principal investigator/project director shall provide a copy of any submitted report (to include electronic reports) to sponsored programs. At the project period's end, the project work ceases; after the termination date, no additional expenditures may be charged to the grant/contract index. A period of thirty to ninety days is usually allowed to pay previously committed financial obligations prior to grant accounting's preparation of the final financial report based on expenditures recorded in the grant index. Grants accounting shall certify the accuracy of the final fiscal report to the external sponsor. Final technical reports, invention disclosure reports, subrecipient reports (property, patent, technical, and fiscal) if applicable, and other reports as required by the external sponsor shall be submitted by sponsored programs to the external sponsor (the principal investigator/project director may have submitted the final technical report as required). The university shall not pay the subrecipient's final invoice until the reports and deliverables required from the subrecipient have been received and accepted. The principal investigator/project director shall certify that the subrecipient has adequately completed the technical aspects of the work. Upon acceptance of these closeout reports, grants accounting shall close the index.

(14) Considered an integral part of a department/center/institute, school, or regional campus program and resources base, grant/contracts/other sponsored agreements must be monitored not only by the principal investigator/project director but also by the chair, director, and college dean or by the regional campus dean. Project over-expenditures and audit disallowances are, ultimately the responsibility and burden of the home department/center/institute, school, or regional campus.

(15) Records of sponsored project activities (financial and programmatic records, supporting documents, statistical records, lab books, records for real property and equipment) shall be retained for the active years plus five years.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.4 Administrative policy regarding event registration and use of university facility and grounds.

(A) Purpose. This policy serves to provide the administrative process for event registration of university facilities and grounds, as well as the conditions under which unregistered, non-exclusive use of university grounds may be permitted. Each regional campus shall comply with this rule as it may apply to event registration and use of its facilities and/or grounds.

(B) Scope. This policy applies to members of the university community (students, employees, registered student organizations, departments, and affiliates) as well as to individuals outside the university community (i.e., non-university parties) engaged in non-instructional use of university facilities and/or grounds.

(C) Definitions. The following definitions shall apply to this policy:

(1) Event. Any use of university facilities or grounds the must be registered under this policy.

(2) Registration. The formal process for reserving use of university facilities and/or grounds.

(3) Registered student organization. A student organization registered with the university pursuant to rules 3341-4-11, 3342-4-11.2, and 3342-4-11.201 of the Administrative Code.

(4) Department. A general term used in this policy to refer to the relevant office, department, center, school, college, division, etc. of the university.

(5) Affiliates. Non-university entities that have a formal, recognized affiliation with Kent state university and provide support and services essential to the mission of the institution.

(6) Sound amplification equipment. Any device used to amplify sound. Sound amplification equipment as defined in this policy is further regulated by rule 3342-4-03.303 of the Administrative Code.

(7) Facility. A general term used in this policy for any building, structure, or facility owned or operated by Kent state university.

(8) Grounds. A general term used in this policy for any outdoor areas on Kent state university property. "Certain available university grounds" shall mean areas identified by university events and conference services as available for exclusive use upon registration as provided for in this rule.

(9) Non-university party. Members outside the university community including, but not limited to: alumni, visitors, non-students, non-employees, and entities or organizations not registered through the Kent state university center for student involvement.

(D) Implementation. Any individuals or entities, including but not limited to registered student organizations, university departments, affiliates, and/or non-university parties, shall comply with this rule regarding use of university facilities and/or grounds.

(1) Use of university facilities for instructional purposes takes precedence over all other uses. The office of the registrar is responsible for scheduling university facilities for instructional purposes.

(2) The senior vice president for student life, through the office of university events and conference services ("UECS"), shall be responsible for developing, implementing, posting, and revising the policies and procedures for registering use of all available university facilities and/or grounds on the Kent campus of Kent state university. Each regional campus dean shall be responsible for creating similar policies and procedures consistent with this rule.

(E) Application.

(1) An event requiring use of university facilities or grounds shall not be considered "registered" until approved by UECS and such approval is communicated to the applicant.

(2) Inside. UECS, or the equivalent regional campus office, shall be responsible for the registration of all non-instructional events in university facilities. All non-instructional use must be registered through UECS, or the equivalent regional campus office.

(a) All events occurring inside a university facility must be:

(i) Sponsored by a registered student organization or university department. The registered student organization or university department sponsoring the event shall be responsible for such facility use fees as currently published by UECS, or equivalent regional campus office;

(ii) Registered through the process provided by UECS, with the request submitted in accordance with the time periods as published on the UECS or the equivalent regional campus office website. Material changes to registered events must be communicated to UECS, or the equivalent regional campus office, in writing no later than the date provided by UECS at the time of approval; and

(iii) Organized and conducted in compliance with applicable provisions of the Revised Code and Administrative Code, including but not limited to section 2917.40 of the Revised Code, as well as any applicable university policies.

(b) Signs attached to rigid supports or framework are limited to university sponsored events.

(3) Outside. Events occurring outside on university grounds shall be subject to the following provisions:

(a) Exclusive use. In order to secure exclusive use of certain available university grounds for an event, the event must be registered through the process provided by UECS, or the equivalent regional campus office.

(i) The university department, registered student organization, affiliate, or non-university entity, registering the event shall be responsible for such facility use fees as currently published by UECS, or the equivalent regional campus office on the website. In the case of an individual, the individual registering the event is personally responsible for such fees.

(ii) Requests for exclusive use of certain available university grounds for an event must be submitted to UECS in accordance with the time periods published on the UECS, or the equivalent regional campus office website. Material changes to registered events must be communicated to UECS, or the equivalent regional campus office, in writing no later than the date provided by UECS at the time of approval.

(iii) The event must be organized and conducted in compliance with applicable provisions of the Revised Code and Administrative Code, including but not limited to section 2917.40 of the Revised Code, as well as any applicable university policies.

(iv) Priority for registration of events on university grounds shall be reserved for registered student organizations and university departments.

(b) Unregistered, non-exclusive use. Members of the university community and non-university parties may engage in unregistered, non-exclusive use on university grounds provided that no sound amplification equipment is utilized, no temporary or semi-permanent structures are constructed or erected, and the use of university grounds is not intended to be exclusive. Individuals or entities engaged in unregistered, non-exclusive use must also comply with the following provisions:

(i) Time blocks. Unregistered, non-exclusive use of university grounds shall be regulated by one hour blocks of time. Should a registered event not assert or assume use of the space at the beginning of its registered period of time, the unregistered, non-exclusive use may continue for an additional one-hour block of time, or until such time as the registered event asserts or assumes its registered use, whichever is shorter. Time blocks begin with the beginning of the hour.

(ii) Notice. When possible, individual and/or entities engaging in unregistered, non-exclusive use should provide advanced notice to UECS, or the equivalent regional campus office, so as to avoid scheduling conflicts regarding existing registered events on campus. Events registered through UECS, or the equivalent regional campus office, have priority and exclusive use of university grounds over unregistered, non-exclusive use of university grounds.

(4) Prohibitions. Any use of university facilities or grounds may not:

(a) Significantly obstruct ingress and egress from any accessible point in a building, facility, or public way;

(b) Significantly obstruct or disrupt the functions of the university including, but not limited to, teaching, research, administration, public service or other registered events; or

(c) Significantly obstruct the free flow of pedestrian or vehicular traffic.

(5) Suspension and termination. Any use of university facilities or grounds under this policy may be temporarily suspended or immediately cancelled at the discretion of the director of public safety, or designee, in the occurrence of one or more of the following conditions:

(a) The event or a participant at the event threatens to immediately and materially disrupt the normal activities and/or functions of the university;

(b) The event or a participant at the event engages or threatens to engage in immediate unlawful criminal activities;

(c) The event or a participant at the event threatens the immediate health and safety of others, or poses an immediate and credible danger to the university community.

(F) Violation and sanctions. Events or use in violation of any provision within this rule as determined by a university official appointed by the senior vice president for student life or regional campus dean may be immediately cancelled upon notice. Any person failing to comply with a lawful order following such cancellation may be subject to applicable legal action and/or disciplinary sanctions.

(G) Appeal. Any individual, registered student organization, university department, affiliate, or non-university party may appeal a decision made under this policy to the senior vice president of student life in writing no later than thirty days following the date of the applicable decision was communicated to the aggrieved party. The decision by the senior vice president for student life shall be final.

Last updated August 15, 2024 at 10:33 AM

History

  • Effective: August 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.2

(A) Purpose. The university supports the right of individuals to organize and participate in organizations within the context of general university, student, alumni and community interests.

(B) Definitions.

(1) "Student member" - one who is enrolled and regularly attending at least three hours of Kent state university coursework. This includes Kent campus and/or regional campuses.

(2) "Affiliate member" - one who is taking less than three hours or is not currently enrolled, but is interested in working with the organization's membership. Such members may not outnumber student members, may not hold office, vote for officers, or vote on the expenditures of money. Furthermore, they may not schedule university facilities or services in on behalf of the organization. Such affiliate members must be elected yearly by a majority of voting members. Membership is for one year contingent on adherence to the organization's constitution which must include the rights and restrictions of affiliate members. Affiliate members are expected to know, understand and abide by all university rules and regulations as well. Affiliate members have no vote on organization matters and may not participate in discussions during meetings except by majority of voting members present.

(3) "Registered group" or "recognized student organization" - the status given to those student organizations which register with the center for student involvement. In order to be registered, a group must include at least five persons, all of whom meet the criteria for offices/representatives of student organizations under paragraph (B)(1) of rule 3342-4-11.3 of the Administrative Code.

(4) "Interest groups" a group of students that indicate interest in creating a student organization. Students in an interest group must provide a draft of their proposed student organization bylaws/constitution to a center for student involvement administrative staff member. Interest groups with Greek affiliation must follow the guidelines set in the Greek recognition policy.

(5) "Group function" - an event, meeting or gathering of a registered group.

(C) Procedure.

(1) Registration. All student organizations, including but not limited to departmental groups, interest groups, recreational clubs, political groups, and nonchartered governmental organizations, are required to register with the center for student involvement and provide information.

Such information includes, but is not limited to, the organization's name and mailing address, a statement of its goals and purposes, and a statement concerning nondiscrimination based upon the protected categories as defined in rule 3342-5-16 of the Administrative Code. This information will be made available to anyone requesting it, unless the organization specifically requests that it be restricted to those officially connected to the university, such as students, staff, and faculty.

(2) Responsibility. Registered groups are responsible for the conduct of their members and guests at group functions as well as for all costs incurred at such events.

(3) Use. Registration permits organizations to use university services and facilities, as for example the scheduling office can be utilized for space needs. Additionally, only registered groups may request allocated funds derived from the student activity fee.

(4) Disclaimer. Registration does not imply either university approval or disapproval of the organization's purposes.

(5) The director of the center for student involvement or designee will make final determination regarding organizational registration and will adopt such procedures as necessary for the implementation of the registration process.

(6) Appeals. Appeals regarding granting or rescinding of registered group status may be made to the dean of students, which shall forward its recommendation to the vice president for student affairs or designee, who shall make the final determination.

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-11.201

(A) Purpose. A student group wishing to register will complete a registration form and submit this information to the center for student involvement.

(B) Procedures.

(1) Review. While this review is in process, the requesting group may schedule space for a maximum of two organizational meetings or informational activities pending official registration status.

(2) Notice. A center for student involvement staff member will determine if the information and registration materials fulfill requirements for registration and will make notification of the results within fifteen calendar days.

(3) Renewal. Registration is subject to annual renewal through submission of the updated information during the first four weeks of the fall term. Additionally, the center of student involvement must be notified any time during an academic year when new officers are elected.

(4) Affiliate members. The organization's constitution must state whether the organization accepts affiliate members. The center for student involvement provides relevant policies regarding affiliate membership to all student organizations as defined in rule 3342-4-11.2(B)(2) of the Administrative Code.

(C) Denial and rescission. Registration may be denied or rescinded for the following reasons by the center for student involvement:

(1) If any member (student or affiliate) places the organization in violation of the administrative policy regarding the registration of student organizations;

(2) If the proposed organization illegally discriminates against those seeking membership;

(3) If the organization fails to complete the registration process by the end of the fourth week of the fall term or by a later date set by a designee from the center for student involvement;

(4) If the organization has a university account with a deficit balance and has not made an adequate attempt to rectify the situation;

(5) If the organization no longer desires official registration status;

(6) If the organization has been responsible for violations of university policy.

(7) If the organization does not have a primary advisor as recognized by the university.

(D) Loss of Registration. Decisions regarding loss of registration will be made by administrative review and/or the student conduct process as outlined in rule 3342-4-02.1 of this Administrative Code.

(1) Loss of registration rescinds all privileges granted to a registered student organization. Members wishing to regain registered status must reinitiate the entire procedure outlined above. Renewal of registration is not guaranteed; evidence must be presented in reference to current chances for success of the organization.

(E) Student organizations and conduct process. The university is committed to the belief that students have a right to organize and participate in groups whose purposes center on the interests and goals of the individuals involved. Resolution of a student organization issue pertaining to an alleged violation of University policy will be addressed through the student conduct process. To make a formal complaint, a person with direct information about a student organization may go through a law enforcement agency, the center for student involvement designee, or the office of student conduct. The formal complaint process is outlined below. An informal complaint may be considered through the student ombuds, student mediation services as provided for in rule 3342-4-02.1(I) of the Administrative Code, or the dean of students.

(1) The dean of students may refer the information to the vice president for enrollment management or designee and student affairs (or designee) to initiate an interim action as provided for in rule 3342-4-02.1 of the Administrative Code at any time prior to, during, or after an allegation of inappropriate behavior involving a student or student organization.

(2) The dean of students may initiate an investigation based on allegations of inappropriate behavior (not addressed through the all-university hearing board as provided for in the university undergraduate student government charter codified as rule 3342-2-08 of the Administrative Code) by appointing an investigation committee. The investigation committee may be composed of faculty, staff, and/or students who do not have a conflict of interest with the student organization(s) under review.

(3) The investigation committee may ask any persons who they believe may have information regarding the alleged inappropriate behavior (student, non-students, advisors, etc.) to participate in the investigation process. The investigation committee will review to determine if the alleged inappropriate behavior may be in violation of university policies or procedures or may be detrimental or disruptive to the university community and/or prohibited by federal, state, or local laws or ordinances. On the basis of the information gathered through the investigation and by a preponderance of the evidence, the investigation committee will make a recommendation to the dean of students.

(4) The dean of students may choose to take one or more of the following actions:

(a) Refer for adjudication through the office of student conduct.

(b) Refer to the all-university hearing board within the jurisdiction provided.

(c) In accordance with this rule, the dean of student may authorize stipulations for non-conduct-related issues.

(d) End the investigation with no stipulations or formal referrals.

(5) A student organization and its officers and membership may be held collectively and individually responsible when violations of the code of student conduct by the organization, or its members take place. The dean of students may forward a student organization and/or individual members of a student organization alleged to have violated university rules, regulations, or policies to the office of student conduct for adjudication. If a student organization is forwarded to the office of student conduct for adjudication, minimally the president and vice president (or equivalent executive positions) are considered representatives of the student organization, and will be provided notice for participation in the student conduct process.

(6) Disciplinary hearings for student groups or organizations follow this rule.

(F) Any decision rendered under an appeal of an administrative action under this policy may be brought before the vice president of student affairs or designee within 10 business days of the decision. Any decision from an appeal shall be final.

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-03.303

(A) Purpose. The use of sound-amplification equipment on the Kent state university campuses is limited to registered student organizations registered with the center for student involvment and university departments.

(B) Scope. Student organizations registered with the center for student involvement and university departments are required to notify university events and conference services of the use of sound-amplification equipment.

(C) Procedure.

(1) Sound-amplification equipment may not be used at any time, in any place, or in such a manner so as to substantially disrupt the university's functions of teaching, research, public service or administration, or study and sleep in the residence halls, or other properly scheduled events.

(2) Sound-amplification equipment may be used in association with an event registered with the university events and conference services office.

(3) Sound-amplification equipment may be used in the areas listed below on the Kent campus between twelve p.m. (noon) and one p.m. Monday through Friday and between twelve p.m. (noon) and eight p.m. on Saturday and Sunday when the area has not been previously scheduled.

(a) On the Kent student center plaza and campus green;

(b) On the commons; and

(c) On manchester field.

(4) Administration and implementation of the sound amplification policy as applied on the regional campuses is the responsibility of each regional campus dean and chief administrative officer.

(5) Sound-amplification equipment may be used inside buildings only where specifically permitted by the rules governing the respective facility.

(D) Violations. The facility curator or other appropriate university official shall inform any student organizations registered with the center for student involvement, university departments, or unregistered persons who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual(s) or group(s) to sanctions under applicable university policies by affiliation to the university in agency 3342 of the Administrative Code or to the filing of criminal charges.

(E) Appeals. Any individual, group, or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the senior vice president for student life or designee.

Last updated August 15, 2024 at 10:33 AM

History

  • Effective: August 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.5 Administrative policy regarding assignment or automobiles.

(A) All University vehicles are to be acquired in compliance with university purchasing policy maintained in rule 3342-5-12.3 of the Administrative Code.

(B) Automobiles, excluding gifts in kind, are to be selected with participation and guidance from the procurement department in accordance with this policy.

(C) Employees eligible for university provided vehicles shall include the president, executive officers, and other university employees, as approved by the president. The appropriate department head, director, dean, or other administrator responsible for authorizing the assignment or use of the vehicle may require that the operator meet additional standards not mentioned in this policy.

(D) All university employees who operate motor vehicles owned or leased by the university shall have the validity of their operator licenses reviewed on an annual basis. The department head, director, dean, or other administrator responsible for the employee's respective department shall provide the Kent state university department of public safety a list of names and operator license numbers of all employees authorized to operate motor vehicles owned or leased by the university. The department of public safety will check the validity of the employees' licenses through the bureau of motor vehicles of the state of Ohio or other appropriate state. The director of public safety shall notify the appropriate submitting administrator of any employee not properly licensed to operate a motor vehicle. The employees' department shall be responsible for the cost of the license validity check.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.6 Administrative policy on student organization use of university and rental vehicles.

(A) Policy statement. As a condition of being recognized by Kent state university as a registered student organization within the center for student involvement, each student organization expressly agrees only to use vehicles provided by the university fleet services or through a university-sponsored rental company, and to be subject to all university policies and procedures regarding such activity including but not limited to this rule and rule 3342-5-12.601 of the Administrative Code.

(B) Definitions.

(1) For the purposes of this policy, "university-sponsored rental company," shall mean a company engaged by the university in a formal agreement for the provision of rental vehicles for the use of official university business and programming.

(C) Scope. This policy applies to all formally registered student organizations under university policy, including but not limited to, rules 3342-4-01.2 and 3342-4-01.201 of the Administrative Code.

(D) Implementation.

(1) Prohibition. Registered student organizations are prohibited from using, renting, or otherwise procuring fifteen-passenger vans for any organization event, activity, or purpose whatsoever, whether from the university fleet services, university-sponsored rental company, or other third-party.

(2) Authorization. Authorization for in-state travel will be made by the center for student involvement. Authorization for out-of-state travel will be made jointly by the center for student involvement and the associate vice president and dean of students. Authorization will be considered only when the criteria listed below are met.

(3) Criteria for use of university and rental vehicles by student organizations.

(a) This policy applies only to the use of university vehicles and rental vehicles by registered student organizations.

(b) In order to proceed with the approvals required for the use of university vehicles and rental vehicles under this policy, the registered student organization must demonstrate to the center for student involvement that it has sufficient finances to cover the cost of vehicle usage/rental.

(c) All operators of the vehicle must be registered students, eighteen years of age with valid U.S. operator's licenses. Passengers in the vehicle must also be current students, staff, faculty, or other persons participating in official university programs on the campus. All participants must sign any other forms as may be required by from the center for student involvement prior to departure. Such forms must be turned in to the center for student involvement prior to departure by the student organization.

(d) The organization must receive approval for use of a university or rental vehicle by the center for student involvement. Approval will be granted solely on the basis of whether the intended use of the university or rental vehicle pertains to the official business of the university and all the above criteria are met.

(4) Any authorization granted by the university in accordance with this policy is solely for the purpose of ensuring that the student organization has followed the procedures set forth herein and any such authorization and shall not be interpreted to mean that the university has in any way reviewed, approved or consented to the circumstances of the travel itself, or has agreed in any way to be responsible for any actions taken by the student organization, driver, passengers, or any third party during the course of the travel.

(E) Violations.

Student organizations, or members thereof, found in violation of this policy may be subject to loss of registration provisions under paragraph (E) of rule 3342-4-01.201 of the Administrative Code or may be subject to further disciplinary action under the student code of conduct including, but not limited to, rules 3342-4-02 and 3342-4-02.1 of the Administrative Code.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.601

(A) Vehicle rentals. In order to process all necessary material, written requests for use of vehicles must be presented to the center for student involvement at least twenty-one calendar days in advance of the intended use by a member of a registered student organization. The request must include the names of all passengers in the vehicle and information describing the purpose for which the vehicle is requested.

(B) Information verification.

(1) The center for student involvement will verify that all drivers are registered students and are eighteen years of age or older. The center for student involvement will check the passenger list to verify that passengers are students, staff, faculty or persons participating in official university programs on the campus. Approval for the use of the university vehicle or rental vehicle by the center for student involvement is based solely upon the determination of whether the intended use of the vehicle pertains to the official business of the university.

(2) The center for student involvement will provide information to the Kent state university police department necessary to check for a valid driver's license for all proposed drivers. The Kent state university police department shall report to the center for student involvement on the validity of each license.

(C) Student organization financial accountability. The center for student involvement will verify the student organization's ability to meet all applicable vehicle-related expenses.

(1) If the organization has an account with the university, it must currently have a balance to cover estimated costs plus the current insurance deductible sum in case of any damage to the vehicle.

(2) If an organization does not have an account, an advance deposit will be required to cover all estimated costs. In addition, a deposit amounting to any current insurance deductible sum per vehicle is required to cover any potential damage to the vehicle. This deposit will be returned if no damage occurs.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02

(A) Purpose. The university board of trustees is responsible by law for regulating the use of the grounds, buildings, equipment and facilities of the university. The board of trustees is also responsible for assuring that the conduct of the students, staff, faculty and visitors to the campus permits the university to pursue its educational objectives and programs in an orderly manner.

(B) Requirements.

(1) To meet these responsibilities, the board of trustees shall adopt standards of conduct for the students, faculty, staff, and visitors to the campus and may provide for suspension from classes or employment, expulsion from the university, and/or ejection from university property of persons who violate such regulations.

(2) The board of trustees shall provide for the administration and enforcement of its rules and may authorize the use of state university law enforcement officers and other university officials to assist in enforcing university policy and the law on the campus.

(C) Scope. In accordance with university policy, the president shall have the responsibility and authority for the discipline of all students. The authority to impose the formal sanctions specified in this rule may be delegated to university officials or hearing panels by the president. Disciplinary action under this rule may be taken against a person who has applied for admission as a student to the university, whether or not the individual is registered for classes. Disciplinary action may also be taken against student organizations. The president (or designee) review any case which comes within the purview of the university policy regarding administration of student conduct.

(D) Jurisdiction. The code of student conduct shall apply to conduct occurring on university premises, at university-sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives. Behavioral conduct is the responsibility of each student from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The code of student conduct shall apply to a student's conduct (or student organization's) conduct even if the student withdraws (or the student organization ceases functioning/loses university-recognized status) from the university while a disciplinary matter is pending. The senior vice president for student life (or designee) maintains discretion to decide, on a case by case basis, whether the code of student conduct shall be applied to conduct occurring off campus.

(E) Procedural standards. Students and student organizations shall adhere to operational procedures for the administration of student conduct under this rule or rule 3342-4-02.1 of the Administrative Code. The procedural standards shall be readily accessible to all students and student organizations.

(F) Responsibility for administration of this policy. The primary responsibility for the supervision of student conduct at the university has been delegated to the senior vice president for student life. The senior vice president for student life may establish such administrative procedures as are necessary to fulfill the intent of the code of student conduct. These administrative procedures shall be in writing and published in conjunction with the code of student conduct.

The president authroizes the senior vice president for student life to establish administrative procedures as necessary to fulfill the intent of this rule. The senior vice president for student life may delegate the responsibility to direct the student conduct process to the director of student conduct.

(G) All-university hearing board. In recognition of the student right to self-govern by and through the undergraduate student government, the all-university hearing board is established to administer non-conduct related matters involving students. Accordingly, the all-university hearing board shall not have the authority to intervene in the student conduct process administered by the university, and the purview of such board shall be limited to the scope as currently provided for in rule 3342-2-08 of the Administrative Code.

(H) Revisions. Updates and other changes to the code of student conduct shall be submitted to the senior vice president for student life. The senior vice president for student life retains the authority to immediately enact and enforce changes to the code of student conduct.

Last updated August 1, 2024 at 7:36 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.1

(A) Purpose. Paragraph (F)(1) of rule 3342-4-02 of the Administrative Code authorizes the senior vice president for student life to establish administrative procedures as necessary to fulfill the intent of this rule. The senior vice president for student life has may delegated the responsibility to manage the student conduct process to the director of student conduct.

(1) It is the responsibility of the director of student conduct to determine if referrals should be assigned to conduct hearings; provide student conduct hearings and officers with technical advice, training, and clerical support; establish procedures to ensure an ongoing evaluation of student conduct rules; collect and maintain all records of formal disciplinary action; establish means to inform all members of the university community of student conduct policies and issues; and serve as a consultant to students and staff in the administration of the student conduct process. This policy establishes procedural directions and is subject to change by action of the senior vice president for student life. The procedures are intended to assure proper implementation of the policy regarding administration of student conduct.

(2) The director of student conduct (or designee) is responsible for a review of information contained in an incident report, and reserves the right to add, adjust, or remove prohibited conduct accusations prior to issuing a notice of hearing for any case. Notice of a hearing includes an incident report and pending accusations.

(3) After reviewing the information contained in an incident report, the director of student conduct (or designee) shall assign the appropriate process for resolution, including but not limited to a sanction hearing, hearing panel, administrative conversation, administrative hearing, or referral to alternative conflict resolution.

(4) The senior vice president for student life (or designee) may uphold, alter or reverse any student conduct decision.

(B) Student rights and procedural standards.

(1) The university shall provide respondents and complainants (either of who may be a student or members of a student organization) the following rights:

(a) For the respondent to be sent a written notice of accusations including the identity of the complainant(s).

Complainants name(s) may not be forwarded if the office of equal opportunity and compliance suggests a potential detrimental risk as a result of doing so.

(b) To be notified of the scheduled hearing in writing at least two business days in advance of the hearing.

Respondents and complainants may schedule an earlier hearing date if an earlier hearing date is agreed upon by the respondent and complainant and scheduled through the office of student conduct.

(c) To have up to one "conduct advisor" and up to one "support person" accompany a respondent or complainant throughout the disciplinary process.

(d) To participate in person or, upon request, have a logistical accommodation to participate outside of the hearing room (when necessary and/or requested in advance), during the entire proceeding except as per paragraph (C) of this rule.

(e) To be given an opportunity to present evidence, including witnesses on the student's or student organization's behalf.

(f) To question the respondent/complainant, witnesses, and investigators.

(g) To be informed of the outcome of the hearing in writing.

(h) To appeal, as defined in the code of student conduct and paragraph (D) of this rule.

(2) In addition to paragraphs (B)(1) of this rule, complainants of accusations including, but not limited to, sexual harassment, harassment, and physical violence maintain the following rights:

(a) Indirect questioning may be conducted at the discretion student conduct convener or administrative hearing officer, verbally or in writing, supplying questions to the student conduct convener.

(b) To submit a "victim impact statement" in writing for consideration by the hearing panel or administrative hearing officer if the accused is found in violation of the code of student conduct.

(3) An incident with multiple respondents may be administered in one hearing, at the discretion of the director of student conduct (or designee).

(4) Multiple complaints regarding the same respondent may be administered in one hearing, at the discretion of the director of student conduct (or designee). The respondent and complainant may request separate hearings for separate incidents.

(C) Procedures for student conduct hearings.

(1) Student conduct hearings are administrative procedures and are not a legal process.

(2) Any member of the university community may provide information accusing a student or student organization (respondent) of violating the code of student conduct. Incident reports may be submitted to the director of student conduct (or designee) in writing. The director of student conduct (or designee) will determine if the allegations are within the parameters of university policy regarding the administration of student conduct (rule 3342-4-02 of the Administrative Code) and may assign appropriate prohibited conduct accusations based on the information provided.

(3) Action. Formal disciplinary action shall be instituted against a respondent only after the director of student conduct (or designee) has determined that such action, rather than medical or counseling services, or alternative conflict resolution is appropriate.

(4) Type of hearing or referral. A sanction hearing may be assigned for violations that, even with a finding of responsibility, may not lead to suspension or dismissal from the university. A hearing panel may be convened when a respondent does not accept responsibility for accusations, or when assigned by the director of student conduct (or designee). An administrative hearing may be assigned may be assigned by the director of student conduct (or designee) in cases where the accusation includes an alleged act of violence, significant personal or property damage, and/or the alleged behavior may be considered detrimental to the health or safety of the university. The office of student conduct sends written notification to the respondent(s) as per the code of student conduct and paragraph (C)(5) of this rule.

(a) Sanction hearing A sanction hearing is composed of one hearing officer and facilitated by a student conduct convener. A student conduct convener may serve as a sanction hearing officer and function in both roles.

If a respondent, any time prior to the start of deliberation, informs the hearing officer and/or student conduct convener that responsibility for one or more accusations is not accepted, the sanction hearing is nullified and a hearing panel may be scheduled. The sanction hearing process will immediately cease and the hearing panel process will follow the code of student conduct and paragraph (C)(12) of this rule.

(b) Hearing panel A hearing panel is composed of at least two and no more than three hearing officers and facilitated by a student conduct convener. The office of student conduct will attempt to include one student hearing officer on the hearing panel based on availability. The purpose of a hearing panel is to decide if a respondent is responsible for accusations, and if so, to apply sanctions. A student conduct convener may serve on a hearing panel and function in both roles.

(c) Administrative hearing. An administrative hearing panel is composed of one hearing officer appointed by the director of student conduct (or designee). The purpose of an administrative hearing is to decide if a respondent is responsible for accusations, and if so, to apply sanctions.

(d) Referral to alternative conflict resolution. A student or student organization may be referred to alternative conflict resolution in lieu of and/or in addition to a student conduct hearing.

(5) Notice. A respondent shall be sent a written (and/or electronic) letter that includes accusation(s) in addition to a copy of the corresponding incident report. A date and location for a hearing shall be set and sent in writing to the respondent(s) that will be no less than two business days and no more than thirty business days after the letter of accusation(s) and incident report has been sent. Time limits may be extended at the discretion of the director of student conduct (or designee) The letter of accusation(s) and incident report shall contain links to access information about the student conduct process, and the code of student conduct.

(6) Separate hearings. In proceedings involving more than one respondent, a separate hearing may be requested by a respondent or complainant, and granted at the discretion of the director of student conduct (or designee).

(7) Delaying a hearing. Upon request submitted in writing prior to a hearing, a delay in the hearing may be granted at the discretion of the director of student conduct (or designee). In all cases, the proceedings may not be delayed more than two times, for no more than thirty business days total.

(8) Conduct advisor. A student may have up to, but not more than, two persons serving as a conduct advisor. If an accommodation is required for a respondent or complainant, a person such as an interpreter, sign language communicator, or physical needs assistant may attend a hearing and is may not be counted as a conduct advisor.

(9) Support person. A student may have one person serving as a support person. A support person is an individual selected by either a complaintant or respondent to provie support to the student through the conduct process. A support person may not ask questions on behalf of a complainant or respondent. A support person may not serve in any other capacity in the hearing.

(10) Impartial hearing. Prior to the start of a hearing, a respondent and complainant may question a hearing officer regarding that person's ability to participate fairly in the hearing. Questions should be directed to the director of student conduct (or designee), who will decide whether or not to remove a hearing officer. If the director of student conduct (or designee) determines no changes are necessary the hearing will begin as scheduled; if changes are deemed to be necessary, a hearing may be delayed or rescheduled at the discretion of the director of student conduct (or designee).

(11) Standard of proof. A hearing officer or panel shall evaluate the points of view presented by the respondent(s), complainant(s), and police/investigators and shall determine by a preponderance of the evidence (more likely than not) if the respondent(s) engaged in behavior that is a violation of university rules. The deliberation of information presented will be conducted in a closed session(s).

(12) Closed hearings. All hearings are closed to the public. Attendees may include: respondent(s), complainant(s), police/investigator(s), hearing officer(s), student conduct staff /convener, conduct advisor(s), and support person(s). Witnesses will be allowed in the hearing room only for introductions and when the student conduct convener and/or hearing officer authorizes entry.

(a) In situations where it is known that the student conduct process is in progress addition to a pending, current, or potential legal process, Kent state university general counsel may attend the student conduct hearing.

(b) For sanction hearings, where the respondent has already accepted responsibility for the accusations, complainants may not be asked to participate in the hearing process.

(13) Failure to appear. If a complainant, respondent, or police/investigator fails to appear to a scheduled student conduct hearing, the hearing will proceed in accordance with student conduct procedures.

(14) Hearings. The office of student conduct shall create and make publicly available a guideline for hearing expectations that will include the following information:

(a) Decorum.

(b) Hearing proceedings.

(c) Questioning.

(d) Student organization hearings.

(15) Deliberation. Deliberation is the meeting where the hearing officer(s) determine if a preponderence of the evidence has been reached to achieve a finding of responsibility. If a simple majority of hearing officers determine a rule(s) was violated, the hearing officer(s) will determine sanctioning. If there are two hearing officers in a hearing, both would need to agree that a rule(s) was violated for a finding of responisbility to be achieved. Deliberations are facilitated in a closed session with the hearing officer(s) and student conduct convener present.

(16) All student conduct hearing decisions are final, pending the appeal process.

(17) Communication of decisions. A letter containing the decisions of a hearing and the procedures for appeal shall be sent to the respondent(s) (and complainant(s) where appropriate). Individuals and appropriate members of the university community who are affected by/involved in the decision may also be notified, including but not limited to: the president, senior vice president for student life, dean of students, academic dean(s), academic advisor(s), university registrar, bursar, residence services, psychological services, DeWeese health center, center for student involvement, recreational services, department of athletics, and university police services.

If the respondent(s) is not present, the decision may be sent to the respondent's official Kent state university email address. If the respondent(s) is a student organization and is not present, the decision may be sent to the official Kent state university email addresses of minimally the president and vice president of the accused student organization.

(D) Appeals.

(1) Appeal of a decision from a student conduct hearing must be submitted by the respondent(s) or complainant(s) in writing to the office of student conduct within seven calendar days from the conclusion of the hearing (or the next available business day after seven calendar days for example holidays or recesses). An appeal must be submitted using the appeal form available through the office of student conduct. The office of student conduct compiles the written appeal and documentation from the respondent(s), complainant(s), police /investigator(s), the student's disciplinary file(s), the digital recording of the hearing, and any additional information provided by the hearing officer(s) and submits these materials to an appeal panel.

(2) Appeals may be made on the basis that:

(a) Procedural irregularity that affected the outcome of the matter; and/or

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

(c) The hearing officer(s) had a conflict of interest or bias for or against any party participating in the hearing that affected the outcome of the matter; and/or

(d) For decisions resulting in separation from Kent state university only (including but not limited to suspension, dismissal, removal from university housing, and persona non grata): sanction(s) imposed were not appropriate for the conduct violation for which the respondent(s) was found responsible.

(3) If the office of student conduct receives an appeal that does not meet any of the criteria listed in paragraph (D)(2) of this rule, it may reject the appeal.

(4) The director of student conduct (or designee) has the discretion to extend the date to appeal process timelines for extenuating circumstances.

(5) Composition. An appeal panel is composed of at least two Kent state university faculty, staff, and/or student hearing officers appointed by the senior vice president for student life (or designee) who are trained by the director of student conduct (or designee). No member of the appeal panel shall have participated in the original hearing in any capacity.

(6) Authority. The senior vice president for student life (or designee) may:

(a) Accept or deny an appeal depending on the basis of the appeal, and/or

(b) Alter prohibited conduct accusation, and/or

(c) Alter or reverse a finding of responsible/not responsible, and/or

(d) Alter or reverse any sanction decision, and/or

(e) Remand the case to another hearing. A case may not be remanded more than once.

(7) Timeline. An appeal panel will provide a recommendation in writing to the senior vice president for student life (or designee) within fifteen calendar days of receipt of the appeal. The senior vice president for student life (or designee) shall provide a written decision within fifteen calendar days of receipt from an appeal panel. The decision will be provided to the respondent(s) and complainant(s) in writing from the office of student conduct.

(8) Appeal decisions made by the senior vice president for student life (or designee) are final.

(E) Interim actions. When the senior vice president for student life (or designee) has reasonable cause to believe that a student(s) or student organization(s) may pose a risk to the safety or well-being of those involved or others in the university community, the student(s) or student organization(s) may be issued an interim action. Interim actions may include but are not limited to: no contact order(s); restriction from specific classes, campus facilities or locations; requirement to secure a psychological evaluation; cease and desist mandates; restriction from facilitating or participating in student organization business or activities; suspension of student status or student organization recognition; etc. An interim action shall remain in effect until removed or altered by the senior vice president for student life (or designee) or as the result of the student conduct process. A student or student organization may challenge an interim action in writing to the senior vice president for student life. Failure to comply with an interim action may result in a referral to the office of student conduct and/or may involve a criminal process.

(1) Interim suspension. An interim suspension immediately revokes a student's or student organization's access from all or any specific portion of university premises, university-related activities and/or registered student organization activities. An interim suspension will be confirmed by a written notice and shall remain in effect until the conclusion of an administrative hearing, student conduct hearing, or decision by the senior vice president for student life or designee). Such action may occur in conjunction with Ohio Campus Disruption Act (House Bill 1219) proceedings, at the discretion of the senior vice president for student life (or designee). A student or student organization may challenge an interim suspension in writing to the senior vice president for student life (or designee). Failure to comply with an interim suspension may result in a referral to the office of student conduct and/or the Kent state university police services.

(F) Voluntary and involuntary withdrawal. Rule 3342-4-02.5 of the Administrative Code is applied when a health emergency or condition renders a student's continued participation in university academics, programs, or services impossible, impractical or unsafe to any member of the university community. Voluntary and involuntary withdrawal may not preclude the student conduct process from occurring. In these specific instances, at the discretion of the senior vice president for student life (or designee), the student conduct process may be indefinitely delayed, and the student placed on ineligible hold, thus prohibiting future class registration. If/when the student attempts to re-enter the university, the pending student conduct proceedings may be reinstituted.

(G) Student organizations registered with the university. Resolution of a student organization issue pertaining to an alleged violation of university policy will be addressed through the student conduct process. This may include but is not limited to recognized student organizations described in rule 3342-4-11 of the Administrative Code. Student organizations may be investigated and/or directly referred to the office of student conduct for adjudication. The dean of students (or designee) may receive compliants, determine interim actions if necessary, and/or coordinate investigations for allegations against student organizations.

(1) Investigations. The dean of students (or designee) may assign investigators to review allegations against student organizations for any potential violation of the code of student conduct including but not limited to, alcohol, controlled substances, hazing, physical violence, sexual assault, sexual harassment, or weapons. The dean of students (or designee) may use the information in the investigative report to:

(a) Determine no further action is necessary; and/or

(b) Require interim actions as described in paragraph (E) of this rule; and/or

(c) Require an administrative action including but not limited to an informal warning or a required administrative conversation; and/or

(d) Referral to the office of student condduct for adjudication.

(2) A student organization and its officers and membership may be held collectively and individually responsible when violations of the code of student conduct by the organization, or its members take place. A student organization and/or individual members of a student organization alleged to have violated university rules, regulations, or policies may be referred to the office of student conduct for adjudication. If an incident involving a student organization is forwarded to the office of student conduct for adjudication, minimally the president and vice president (or equivalent executive positions) are considered representatives of the student organization, and will be provided notice in accordance with paragraph (C)(5) of this rule for participation in the student conduct process. The student organization/campus advisor may also be notified.

(3) Disciplinary hearings for student organizations follow paragraphs (C)(1) to (C)(17) of this rule.

(H) All-university hearing board. As stated in the university undergraduate student senate charter (provided for in rule 3342-2-08 of the Administrative Code), the all university hearing board is established to recommend sanctions regarding the violation of university rules and regulations. In addition, the all university hearing board is vested with the judicial authority for the undergraduate student government (USG).

Jurisdiction. With regard to undergraduate student government, the all university hearing board shall have jurisdiction to hear and decide all cases concerning:

(1) Interpretations of the charter of the USG of Kent state university.

(2) The legality, with respect to this charter, of all USG resolutions and bills.

(3) Charges of fraud, malfeasance, or illegal procedure taking place within any general student election.

(4) Disputes between student organizations or between a student or students and any organization or organizations.

(I) Alternative conflict resolution.

(1) Alternative conflict resolution (ACR) is an informal option for seeking redress with an issue(s). ACR may be available for issues pertaining to students or student organizations. If all persons personally and directly affected by the conflict agree to attempt resolution through an alternative process (such as mediation, facilitated dialogue, etc.) and the director of student conduct (or designee) has not already assigned the formal student conduct process, than an ACR process may be available. The nature of some conflicts, especially those involving violence, may not be appropriate for ACR options.

(2) Participation in an ACR process may or may not result in an agreement or resolution. When a mutually satisfactory resolution is reached, the situation is considered resolved with no disciplinary record being maintained. Resolutions reached through ACR may not be appealed. If a resolution is not achieved through an attempt at ACR and the matter involves a potential violation of university policy, a complainant may initiate the formal disciplinary process from the university policy regarding administration of student conduct provided for in rule 3342-4-02 of the Administrative Code.

(3) The director of student conduct (or designee) may refer incidents to ACR in lieu of adjudication. Failure of a student or student organization to make a good faith and timely effort with ACR may result in the case being referred back to student conduct for adjudication.

(J) Ohio Campus Disruption Act. The Ohio Campus Disruption Act, passed by the 108th Ohio General Assembly (House Bill 1219), directly affects the operation of state universities in Ohio. The Act has specific ramifications for university students, faculty, and staff. In essence, any individual who commits an act of violence and is arrested for that violation is subject to immediate suspension from the university. The act reads in part that a student, faculty or staff member, or employee of a college or university which receives any state funds in support thereof who is arrested for any of the so-called "trigger" offenses listed within division (A)(9)(a) of section 2901.01 of the Revised Code shall be afforded a hearing, as provided in this act, to determine whether the accused person shall be immediately suspended from that college or university. Such hearings shall be held within not more than five days after an arrest of the accused person, subject to reasonable continuances for good cause shown. Continuances shall not exceed a total of ten days. If at the hearing the referee, not affiliated with the university, finds by a preponderance of the evidence that the person whose suspension is being considered committed any of the specified trigger offenses, the referee shall order the person suspended. Except for cases in which the good order and discipline of a college or university will be prejudiced or compromised thereby, the referee may permit the person to return to the college or university on terms of strict disciplinary probation. Subsequent violation of the terms of the probation automatically causes the provisions of the Ohio Campus Disruption Act to go into effect. Based on section 3345.23 of the Revised Code, the conviction of a student, faculty or staff member, or employee is cause for dismissal or suspension pursuant to section 3345.22 of the Revised Code.

(K) Family Educational Rights and Privacy Act (FERPA). Kent state university complies with the Family Educational Rights and Privacy Act of 1974 in its maintenance of student educational records. This act was established to protect the privacy of educational records, to establish the right of students to inspect and review their educational records, and to provide guidelines for the correction or deletion of inaccurate or misleading data through informal and formal hearings. Disciplinary records fit within the purview of FERPA.

(1) Parental notification. Pursuant to the Family Educational Rights and Privacy Act, the office of student conduct may send written notice to the parents and/or legal guardians of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession, consumption, or inappropriate sale of any alcoholic beverages or controlled substances.

(L) Student disciplinary records.

(1) All hearings are digitally recorded. Recordings may be listened to or viewed by students wishing to appeal a decision. Recordings will be provided to the student only at the student's request. Digital recordings are maintained as part of the disciplinary record.

(2) All student disciplinary records are maintained by the office of student conduct in accordance with the federal Family Educational Rights and Privacy Act, all state of Ohio laws, and the Kent state university records retention policy. See university administrative policy regarding public records (provided for in rule 3342-5-15.1 of the Administrative Code) for further details.

(3) Notation of a disciplinary record in any case shall not appear on a student's official transcript.

(M) Revisions and applicability.

(1) Revisions. Throughout any given year, changes to the code of student conduct may be approved. As members of the university community, students are encouraged to be aware of any public announcements concerning changes to the rules and regulations governing student behavior. Updates and other changes to the code of student conduct shall be submitted the director of student conduct.

(2) Applicability. The rule and the code of student conduct reflect language found in various university policies and procedures located in the Kent state university policy register. Revisions, changes or updates to the policy register are considered the authority in situtions where conflicting information exists.

Last updated August 29, 2025 at 7:46 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.7 Administrative policy regarding persona non grata status for nonstudent visitors.

(A) Purpose. This administrative policy and procedure is established to provide a fair and objective process by which to resolve nonstudent visitor behavior deemed detrimental to the university community.

(B) Definitions.

(1) Persona non grata. For the purposes of this rule, "persona non grata" means that an individual is no longer permitted to be present on specified university property facilities.

(2) Nonstudent visitor. For the purposes of this rule, "nonstudent visitor" means any individual who is not a student subject to paragraph (C)(1) of rule 3342-4-02 of the Administrative Code nor an employee of the university acting within the scope of his or her employment.

(a) Persons who had been enrolled at the university but who have graduated or transferred are classified as nonstudents. Persons who have been admitted to the university either for credit or noncredit, but are not currently enrolled are to be classified as students.

(b) It is intended that this rule provide a means for regulating the behavior of all persons, except university employees acting within the scope of their employment, who are present on university property and who are not subject to the jurisdiction of the student conduct policy. Where doubt exists as to a person's status as a student, the individual may be charged under this rule and then later referred to student conduct if determined to be a student. In such instances, the notice herein, shall be used as the student conduct incident report.

(3) Behavior detrimental to the university community. For the purpose of this rule, "behavior detrimental to the university community" includes but is not limited to actions by an individual which result in offenses against persons or property, disruption of university processes or programs, violation of a previous order given by a university official, a continuing pattern of violation of university rules and regulations after actual notice of the rules or falsification or misrepresentation of self or other information to a university office or official.

(4) Notice. Certain university officials have been granted authorization to issue a notice of persona non grata status. This notice serves to initiate the persona non grata status. This notice informs the nonstudent visitor of the temporary persona non grata status from all university property and facilities pending a hearing and informs the nonstudent visitor of the rights and responsibilities pertaining to this procedure.

(5) University hearing officer means an individual appointed by the vice president of student affairs to adjudicate and preside over the hearing provided for in this rule. Such position holds the sole authority as to the persona non grata determination as provided for in paragraph (D)(2)(c) of this rule.

(C) Scope. This policy applies to all nonstudent visitors who have demonstrated behavior detrimental to the university community. This rule shall not be construed to limit the authority of administrative officials from taking action as may be warranted by the circumstances.

(D) Procedure.

(1) Notice.

(a) A nonstudent accused of behavior detrimental to the university community shall be provided with notice that such behavior is not acceptable and may result in that person being denied the opportunity to be present on specified university property or facilities pending a hearing.

(b) The notice shall contain:

(i) Name, address, telephone number and email address of the nonstudent visitor.

(ii) The university department or office who will arrange for the hearing to determine whether or not to place the nonstudent visitor on permanent persona non grata status.

(iii) The location and phone number of that department or office.

(iv) A specification of the alleged detrimental behavior.

(v) The time limit within which a meeting with that department or office must be arranged.

(vi) A warning that failure to arrange a meeting with the specified department or office within the limit will result in a determination as to persona non grata status being made without the accused being present.

(vii) A warning that the nonstudent visitor is on temporary persona non grata status on all property or facilities of the university until the date and time, and pending the outcome, of the hearing.

(c) The notice may be issued by the following university officials or their respective designees within the scope of the specified authorization contained herein:

(i) The associate vice president of facilities planning and operations is permitted to issue notice of persona non grata status for behavior detrimental to the university demonstrated on university property of facilities;

(ii) Facility curators are permitted to issue notice of persona non grata status for behavior detrimental to the university community demonstrated within their respective facility;

(iii) Director of intercollegiate athletics is permitted to issue notice of persona non grata status for behavior detrimental to the university community demonstrated during an athletic event within or in the contiguous grounds of athletic facilities;

(iv) Director of recreational services is permitted to issue notice of persona non grata status for behavior detrimental to the university community demonstrated within recreational facilities or at a sponsored event on university property;

(v) Director of residence services is permitted to issue notice of persona non grata status for behavior detrimental to the university community demonstrated in residence services facilities;

(vi) The director of public safety and all university policy officers are permitted to issue notice of persona non grata status for behavior detrimental to the university community;

(vii) The dean of students is permitted to issue notice of persona non grata status for behavior detrimental to the university community;

(viii) The regional campus deans are permitted to issue notice of persona non grata for behavior detrimental to the university community demonstrated on their respective campus or facilities;

(ix) The Title IX coordinator is permitted to issue notice of persona non grata status for behavior detrimental to the university community pertaining to rule 3342-5-16.2 of the Administrative Code; and

(x) The appointing authority of a suspended or separated employee of the university under Chapter 3342-6 of the Administrative Code is permitted to issue notice of persona non grata status for behavior detrimental to the univeristy community.

(2) Hearing.

(a) At the hearing arranged under paragraph (D)(2)(b) of this rule, the accused is entitled to know the nature and source of the evidence against the accused, to question any witnesses, and to present evidence including witnesses on behalf of the accused. If the accused chooses not to be present or participate, the process may nonetheless proceed.

(b) All hearings shall be held in private. All hearings shall be recorded and the recording maintained as the official record of the meeting. The accused may be accompanied by another individual who may serve in an advisory capacity, but who may not participate directly in the meeting.

(c) The university hearing officer shall hear and weigh all evidence presented. To place the accused on persona non grata status there must be a finding by the hearing officer based on a preponderance of the evidence that the alleged behavior occurred and that such behavior is detrimental to the university community. If such a finding is made, the hearing officer may take into consideration the reasons for such behavior and the likelihood of its recurrence. Based on these findings and considerations, the hearing officer may place the nonstudent visitor on persona non grata status for a period up to five years.

(3) Notification of persona non grata status.

(a) Notification shall occur, when possible, at the time of determination of such status. If not given at the time of determination of persona non grata status, notification should occur at the first opportunity by the best means available.

(b) The restrictions imposed by persona non grata status shall take effect upon receipt of notification.

(E) During the time that persona non grata status is in effect, permission may be granted by the senior vice president for student life (or designee) for entrance of the person on such status to the specified university locations for a specified purpose and time.

(F) Appeal.

(1) A written request for review may be made to the senior vice president for student life (or designee) at any time after a determination to impose persona non grata status has been made.

(2) The appeal shall be limited to:

(a) An examination of procedural errors which occurred in the persona non grata process; or

(b) New evidence which became available after the hearing.

(3) The persona non grata status shall remain in effect pending the decision on the review. A decision shall be rendered within thirty days of receipt of the appeal. The decision shall be final.

Last updated August 1, 2024 at 7:39 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-16.2

(A) Purpose. Kent state university prohibits unlawful discrimination and harassment and strives to provide a safe and non-discriminatory environment for all students, employees, applicants, and visitors. This policy sets forth the expectations and responsibilities for maintaining an environment free of unlawful discrimination on the basis of sex in university education programs or activities, in accordance with Title IX of the Education Amendments of 1972 and Title 34 part 106 of the Code of Federal Regulations. Sexual harassment, including sexual assault, dating violence, domestic violence, and stalking is strictly prohibited by this policy. Additionally, retaliation against those whose report sexual harassment or participate in the process is prohibited. Inquiries about the application of title IX to the university may be referred to the university's title IX coordinator, and to the U.S. department of education, office for civil rights.

(B) Definitions

(1) Actual knowledge, Notice of sexual harassment or allegations of sexual harassment to an individual's Title IX coordinator or any university official who has authority to institute corrective measures on behalf of the recipient.

(2) Complainant. An individual who is alleged to be the victim of conduct that could constitute sexual harassment.

(3) Consent. An action defined as the voluntary, unambiguous and uncoerced agreement to participate in an act, the nature and full extent of which is understood by all parties. Silence or lack of resistance cannot be the sole factor in determining consent. Consent may be given verbally or nonverbally. All parties are responsible for confirming that their counterpart's consent is maintained throughout the act and is present before engaging in a new act. A person may be incapable of giving consent due to physical incapacitation, physical or mental disability, threat, coercion, the influence of alcohol or drugs, or age.

(4) Coercion. When an individual unreasonably pressures another to engage in sexual activity, despite responses that the conduct is unwelcome or unwanted. Coercion includes elements of pressure, duress, cajoling, and compulsion. The pressure to participate may also be considered unreasonable when the pressuring individual is in a position of influence or authority over the other individual.

(5) Incapacitation. A state where a person lacks the capacity to reasonably appreciate the nature or extent of the situation because of their physical or mental status, developmental disability, or alcohol or drug use.

(6) Formal complaint. A document filed by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that the university investigate the allegation of sexual harassment. The document may be a physical or electronic submission (such as reporting online, using the reporting form available at https://www.kent.edu/studentaffairs/genderequity-titleix_2_) that contains the complainant's physical or digital signature, or otherwise indicates that the complainant is the person filing the formal complaint.

(7) Respondent. An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

(8) Sexual harassment. Conduct on the basis of sex that satisfies one or more of the following:

(a) An employee of the university conditioning the provision of an aid, benefit, or service of the university on an individual's participation in unwelcome sexual conduct.

(b) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university's education program or activity.

(c) Sexual assault, which includes the following:

(i) Rape (except statutory rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(ii) Sodomy. Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(iii) Sexual assault with an object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(iv) Fondling. The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

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

(vi) Statutory rape. Nonforcible sexual intercourse with a person who is under the statutory age of consent.

(d) Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

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

(f) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

(9) Supportive measures. Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the university's education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the university's educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus, and other similar measures.

(10) Title IX coordinator. The university administrator with authority and responsibility for overseeing the university's implementation of Title IX law and regulations and this policy. The Title IX coordinator's contact information may be located at https://www.kent.edu/studentaffairs/genderequity-titleix..

(C) Scope. This policy applies to complaints of sexual harassment as defined above, alleged to have occurred in an education program or activity of the university, against a person in the United States.

(D) Grievance process. The following grievance process to resolve complaints under this policy is expected to occur within ninety business days from the date the complaint is filed. The Title IX coordinator or designee may suspend or extend this time period by providing written notice to parties citing the reason for the action. Parties may request a temporary delay of the grievance process or the limited extension of time frames for good cause by written request to the Title IX coordinator. Good cause may include considerations such as the absence of a party, a party's advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

(1) Confidentiality. The university shall treat as confidential the identity of any individual who has made a report or complaint of sex discrimination, including any individual who has made a report or filed a formal complaint of sexual harassment, any complainant, any individual who has been reported to be the perpetrator of sex discrimination, any respondent, and any witness, except as may be permitted by law, or to carry out any investigation, hearing, or proceeding in this policy.

(2) Retaliation prohibited. No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Complaints alleging retaliation may be filed according to the grievance procedures in this policy.

(3) Supportive measures. The Title IX coordinator is responsible for coordinating the effective implementation of supportive measures for both parties as applicable, before or after the filing of a formal complaint or where no formal complaint has been filed. The university shall maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the university to provide the supportive measures, and as allowed by law.

(4) Formal complaint. A formal complaint may be filed with the Title IX coordinator in person, by mail, or by electronic mail by using the contact information for the Title IX coordinator. At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in an education program or activity of the university. Where the Title IX coordinator signs a formal complaint, the Title IX coordinator is not a complainant or otherwise a party.

Consolidation of formal complaints. The university may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances. Where a grievance process involves more than one complainant or more than one respondent, references in this section to the singular "party," "complainant," or "respondent" include the plural, as applicable.

(5) Notice. Upon receipt of a formal complaint, the university shall provide the following written notice to the parties who are known: notice of this grievance process, including any informal resolution process; and notice of the allegations of sexual harassment potentially constituting sexual harassment as defined in this paragraph, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview.

If, in the course of an investigation, the university decides to investigate allegations about the complainant or respondent that are not included in the notice provided, the university shall provide notice of the additional allegations to the parties whose identities are known.

(6) Dismissal of formal complaint.

(a) The Title IX coordinator shall dismiss formal complaints that do not meet the following criteria. Formal complaints will be dismissed promptly in writing to the parties, and may be considered under another university policy, if applicable.

(i) The alleged incident must have occurred in a Kent state university education program or activity. "Education program or activity" includes locations, events, or circumstances over which the university exercises substantial control over both the respondent and the context in which the sexual harassment occurred, and also includes any building owned or controlled by a student organization that is officially recognized by the university.

(ii) The alleged incident must have occurred against a person in the United States.

(iii) At the time of filing a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the university with which the formal complaint is filed.

(iv) The conduct alleged in the formal complaint must constitute sexual harassment as defined in this policy.

(b) The Title IX coordinator may dismiss a formal complaint, promptly in writing to the parties, if at any time during the investigation or hearing: a complainant notifies the Title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; the respondent is no longer enrolled or employed by the university; or specific circumstances prevent the university from gathering evidence sufficient to reach a determination.

(7) Interim actions. The university may remove a student respondent from an education program or activity on an emergency basis after an individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal. The student respondent will be provided notice and an opportunity to challenge the decision immediately following the removal. The university may place an employee respondent on administrative leave during the pendency of this grievance process.

(8) Informal resolution. At any time prior to reaching a determination regarding responsibility, the university may facilitate an informal resolution process, such as mediation, that does not involve a full investigation and adjudication.

(a) Both parties' voluntary, written consent to the informal resolution process is necessary. At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

(b) Informal resolution is not an option for resolving allegations that an employee sexually harassed a student.

(9) Investigation. The Title IX coordinator or designee is responsible for investigating eligible formal complaints.

(a) The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the investigator and not on the parties.

(b) The respondent is not considered responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.

(c) The university shall not access, consider, disclose, or otherwise use a party's records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional's or paraprofessional's capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party, unless the university obtains that party's voluntary, written consent to do so for a grievance process under this section, or as permitted by law.

(d) The parties shall have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

(e) All parties are free to discuss the allegations under investigation or to gather and present relevant evidence.

(f) All parties shall have the same opportunities to have others present during any grievance proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. However, the advisor may not directly participate in the proceedings, with the exception of the cross-examination portion of any hearing.

(g) Any party whose participation is invited or expected shall receive written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.

(h) Both parties shall receive an equal opportunity to inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in a formal complaint so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.

(i) Prior to completion of the investigative report, the investigator shall send to each party and the party's advisor, if any, the evidence subject to inspection and review in an electronic format or a hard copy, and the parties shall have ten calendar days to submit a written response, which the investigator will consider prior to completion of the investigative report.

(j) The investigator shall make all evidence subject to the parties' inspection and review available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination.

(k) The investigator shall create an investigative report that fairly summarizes relevant evidence and, at least ten calendar days prior to any hearing, send to each party and the party's advisor, if any, the investigative report in an electronic format or a hard copy, for their review and written response.

(10) Hearings.

(a) Formal complaints that are not resolved informally or dismissed will result in a live hearing. If the respondent is a student, the hearing will be convened by the office of student conduct in accordance with that office's procedures. If the respondent is an employee, a hearing will be convened by the vice president of human resources and conducted in accordance with that office's procedures. Live hearings may be conducted with all parties physically present in the same geographic location, or participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.

(b) At the live hearing, the decision-maker(s) shall permit each party's advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing shall be conducted directly, orally, and in real time by the party's advisor of choice and never by a party personally.

(c) At the request of either party, the hearing may occur with the parties located in separate rooms with technology enabling the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions.

(d) Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the decision-maker(s) shall first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Questions and evidence about the complainant's sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant's prior sexual behavior with respect to the respondent and are offered to prove consent.

(e) If a party does not have an advisor present at the live hearing, the university shall provide without fee or charge to that party, an advisor of the university's choice to conduct cross-examination on behalf of that party.

(f) A decision-maker shall consider all relevant evidence in reaching a determination of responsibility including evidence obtained during the investigation that was not subject to cross-examination at the live hearing. This permits consideration of statements, emails, text echanges, police reports, sexual assault nurse examiner documents, medical reports, and other documents even if those documents contain statements by a party or witness who is not cross-examined at the live hearing.

(g) Credibility determinations shall not be based on a person's status as a complainant, respondent, or witness.

(h) The university shall create an audio or audiovisual recording of any live hearing. Such recording will be available to the parties for inspection and review upon written request to the office of student conduct.

(11) Findings and sanctions. The hearing decision-maker(s) shall issue a written determination regarding responsibility. To reach this determination, the preponderance of the evidence standard (whether it is more likely than not that the alleged conduct occurred) will be used. The written determination shall include:

(a) Identification of the allegations potentially constituting sexual harassment;

(b) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;

(c) Findings of fact supporting the determination;

(d) Conclusions regarding the application of the university's policies to the facts;

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

(f) For respondents who are students and unrepresented employees, any disciplinary sanctions the university imposes on the respondent;

(g) Information regarding whether remedies designed to restore or preserve equal access to the university's education program or activity will be provided to the complainant; and

(h) The university's procedures and permissible bases for the complainant and respondent to appeal.

(12) The written determination will be provided to the parties simultaneously. The determination regarding responsibility becomes final either on the date that the university provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. The Title IX coordinator is responsible for effective implementation of any remedies.

(13) For respondent employees in a recognized bargaining unit, the hearing process will determine whether a policy violation occurred, and will determine sanctions with consideration to any applicable terms of the collective bargaining agreement. The determination of policy violation can be appealed following the process in this policy. Appeals of any sanctions should follow the applicable process in the collective bargaining agreement. Any determinations from those processes will be communicated to the complainant and respondent simultaneously and in writing.

(14) Sanctions for student respondents are detailed in the code of student conduct and range from required educational courses to dismissal. Sanctions for employees range from required educational courses to termination.

(E) Appeal. An appeal from a determination regarding responsibility, and from the university's dismissal of a formal complaint or any allegations therein, is available to both parties under the same circumstances and procedures.

(1) An appeal may only be made on the following bases:

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

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

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

(2) Appeal procedure:

(a) Either party may appeal a hearing determination within seven calendar days.

(b) Determinations regarding student respondents shall follow the appeal process in the code of student conduct. Determinations regarding employee respondents shall appeal in writing to the vice president of human resources and follow that office's procedure.

(c) The other party(ies) will be notified in writing when an appeal is filed.

(d) The decision-maker(s) for the appeal shall not be the same person as the decision-maker(s) that reached the determination regarding responsibility or dismissal, the investigator(s), or the Title IX coordinator;

(e) Both parties will be given a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.

(f) A written decision will be issued simultaneously to both parties within thirty calendar days describing the result of the appeal and the rationale for the result.

(F) Conflict of interest. The Title IX coordinator, any investigator, decision-maker, or any person facilitating a process under this policy shall not have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent specifically.

Last updated August 19, 2025 at 9:32 AM

History

  • Effective: November 22, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.9 Administrative policy regarding the use of skateboards, rollerblades, bicycles, and similar conveyances on campus.

(A) Purpose. Skateboards, rollerblades, and bicycles can provide a recreational outlet and a convenient and economic method of traveling across an expansive campus.

(B) Policy statement. It is expected that these conveyances will be operated in a proper manner with principal regard to the safety, well being, and right of way of pedestrians. It is in this spirit that certain reasonable restrictions are necessary.

(C) Restrictions. The use of skateboards, rollerblades, and bicycles is prohibited inside all university facilities and outside on all steps or stairways. The use of skateboards is prohibited in Risman plaza. Any person who operates a bicycle on campus is expected to comply with and is subject to any state or local ordinances or campus regulations pertaining to the operation of bicycles

Last updated July 12, 2021 at 7:39 PM

History

  • Effective: March 22, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.11 Adminsitrative policy regarding recording of university property for a commercial or other non-university related purpose.

(A) Policy statement. Any individual or entity seeking to utilize university property, facilities, personnel and/or use identifiable university landmarks/ buildings/logos for a commercial or other non-university initiated purpose must submit a written proposal to the university at least two weeks prior to the expected date of arrival on campus. The vice president for university relations, or such designee as provided for herein, is responsible for the implementation of this policy.

(B) Scope. This policy applies to any individual or entity seeking to record images, video and/or sound through film or other electronic means for a commercial or other non-university initiated purpose. Entities exempt from the policy include:

(1) Kent state university teleproductions work for channels 45/49;

(2) Student media subject to rule 3342-4-12.1 of the Administrative Code;

(3) Media, university or community members capturing content at university-organized news conferences and media events;

(4) Students whose work is for class assignments;

(5) Employees or others assigned to produce recordings for classroom, research, scholarly purposes, professional presentations or in-service training.

(C) Authority. The vice president for university relations, or designee responsible for university communications and media relations, has the authority to negotiate or waive part or all of the procedures in this policy upon written request if the production meets the following criteria:

(1) Utilizes limited public property;

(2) Requires limited university personnel and/or management;

(3) Does not involve recorded participation of any university students, staff members or faculty, unless such individual has provided consent to the production in writing; and

(4) Adheres to all privacy laws and policies.

(D) Implementation.

(1) Any individual and/or entity not exempted under paragraph (B) of this rule must provide a proposal in writing to the senior vice president for strategic communications and external affairs, or designee responsible for university communications and media relations, at least two weeks prior to the expected date of arrival for on-campus activities. The request should be addressed to vice president for university relations, or designee responsible for university communications and media relations, and should be sent electronically to filmingrequests@kent.edu.

(a) The written proposal shall contain the following information, as applicable:

(i) Name of the chief executive officer and/or president of the production entity and/or firm that will be held liable for any expenses beyond normal university functions, damage to university property or facilities and/or physical harm to university employees;

(ii) Proof of insurance at an amount commensurate to the activities proposed, including the type of coverage; Kent state university must be named an additional insured;

(iii) Name of the individual(s) to be responsible for the project, if approved, who will be physically present during the recording process;

(iv) Detailed description of production to be recorded on campus;

(v) Detailed description of facilities needed; university property needed; electrical and other utility specifications; proposed locations (inside and outside) for recording and set-up as well as the anticipated number of parking permits, if applicable;

(vi) Proposed hours, days and weeks the film/video crew will be on campus;

(vii) Proposed hours, days and weeks the film/video crew will be utilizing each proposed facility, university property and locations (inside and outside) for recording and set-up;

(viii) Proposed air date and name of organization and/or network airing the proposed film/video;

(ix) Any additional permits required by state and/or federal authorities.

(b) The written proposal shall be accompanied by a one hundred dollar processing fee. The check must be made out to Kent state university.

(c) The written proposal shall be reviewed by the executive director, university media relations, or a media relations designee, for completeness.

(d) The executive director, university media relations, or a media relations designee, shall ask that further information be submitted in writing if the proposal is incomplete.

(e) The executive director, university media relations, or designee, may consult with the office of general counsel, director of public safety, and/or the vice president for university relations as needed, depending upon the scope of the proposal.

(f) The vice president for university relations, or designee, shall consult with executive cabinet to determine if the proposal will severely impact the university's mission to educate students and conduct scholarly research, its students and employees, and/or its physical plant.

(2) Upon approval of the written proposal, executive director, university media relations, or media relations designee, shall work with the individual and/or entity to negotiate, prepare, and finalize all written agreements required prior to the commencement of activities subject to this rule. All agreements under this rule, including location agreements, shall be executed by the vice president for university relations; or may be executed by the executive director, university media relations for productions not exceeding forty-nine thousand dollars in value to the university. Any such agreement shall include, without limitation, the following:

(a) Upon completion of the project subject to the proposal, Kent state university shall deliver an invoice to the individual and/or entity detailing expenses incurred by the university to be paid by the individual and/or entity. Such invoice must be paid within thirty days. The check must be made out to Kent state university.

(b) The individual and/or entity that submitted the proposal shall remit a quarterly royalty payment to the university of a percentage of the film/video production's gross sales revenue, in an amount and for a duration satisfactory to the vice president for university relations.

(c) Within thirty days of completion of on-campus film/video activities, the individual/entity shall deliver to Kent state university a copy of all raw film/video footage recorded/filmed on campus, and such raw footage may be used by Kent state university on a non-exclusive, non-transferrable, and non-commercial basis.

(3) Sole discretion. The vice president for university relations retains sole discretion to deny all or part of a request, or revoke any approvals already provided under this rule, based upon: the production's failure to meet the conditions or criteria provided for within this rule; the production's failure to adhere to university policies, local, state, and/or federal law; the adverse impact of the production to the university community; the production's interference with an existing university event or contract; or in the event the production encroaches upon a university location's designation as a national historic landmark.

(E) Location fees. Any individual and/or entity not exempted under paragraph (B) of this rule is further responsible for the following fees, in addition to other fees that may be further provided for in this rule:

(1) Exteriors only:

(a) Photography: two hundred dollars per day.

(b) Film or video: five hundred dollars per day.

(2) Interiors:

(a) Photography: four hundred per day.

(b) Film or video: one thousand per day.

(3) Rental fees, including but not limited to space, security, clean up, parking, for university facilities or grounds as may be applicable in accordance with the university's facility use policy as provided for in rule 3345-5-12.4 of the Administrative Code.

History

  • Effective: May 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-12.1

(A) Basic statement.

(1) The student media should be free of censorship and prior review or restraint of copy. Student editors and student managers have sole authority to determine content for the media they lead and in turn take full responsibility for the content decisions made.

(2) Student editors and student managers should subscribe to canons of responsible journalism, as stated in the "Society of Professional Journalists Code of Ethics," and the "Radio-Television Digital News Association Code of Ethics and Professional Conduct" and be free to develop their own editorial and program policies. Student advisors and student managers will be protected from discipline, suspension or removal based on the publication of content that is protected by the First Amendment to the U.S. Constitution. Once appointed, student editors and student managers may only be removed through a procedure providing appropriate due process.

(3) The student media board has been established as a standing university committee. The student media board serves as the institutional publisher or de facto licensee and acts in all matters pertaining to those media that are written or broadcast primarily by students and financed primarily by university-sanctioned student fees. The student media board has no jurisdiction over official university, administrative, or departmental publications or broadcasts no matter how authored.

(B) Membership of the student media board.

(1) Two faculty members appointed by the faculty senate. Should the faculty senate not appoint two faculty members by September fifteenth of each year, members of the student media board may appoint faculty to fill those positions.

(2) Two faculty members appointed by the school of journalism and mass communication faculty advisory committee, at least one of which must be faculty in the journalism sequence.

(3) The director of the school of journalism and mass communication or designee.

(4) The director of the center for student involvement or designee.

(5) Six students: two appointed by undergraduate student government, one appointed by graduate student senate, two journalism and mass communication undergraduate student and one journalism and mass communication graduate student appointed by the director of the school of journalism and mass communication. Student members shall not be affiliated with student media. The student appointees may not serve concurrently as a member of undergraduate student government as listed in rule 3342-2-08 of the Administrative Code, nor as a member of graduate student senate, as listed in rule 3342-2-09 of the Administrative Code. Should undergraduate student government or graduate student senate not appoint students by September fifteenth of each year, the student media board may appoint students to fill those positions.

(6) One media professional appointed jointly by the director of the school of journalism and mass communication and the director of the center for student involvement. The media professional appointee may not serve on the student media board concurrently while a full-time employee at Kent state university.

(7) Student editors and student managers will serve as non-voting members.

(8) Student media advisers will serve as non-voting members.

(9) The director of student media will serve as a non-voting member.

(C) Term of office.

(1) Faculty. The term of the office for each faculty member begins on September fifteenth and ends on September fourteenth.

(2) Students. The term of office for each student appointee begins after appointment on September fifteenth and continues until September fourteenth.

(3) All student media board members serve until their term expires or a replacement member is appointed.

(D) Board procedures.

(1) The director of the center for student involvement or designee will serve as the convener and chair until the committee elects a chair from among the journalism and mass communication faculty members on the student media board. Such election shall occur during the fall semester and the chair shall serve until the election of a new chair the following fall semester. The chair will appoint a vice chair who will assume the chairperson's duty should the chairperson be unable to complete the term.

(2) The office of student media will provide administrative support to the student media board.

(3) Members, including the chair, shall retain the privilege of voting on all matters with the exception of the non-voting members.

(4) Notice of the meetings will be given to all student media board members and to the school of journalism and mass communication faculty advisory committee.

(5) Meetings shall be open to the public.

(6) The student media board will conduct its meetings in a manner consistent with the Ohio Open Meetings Law, section 121.22 of the Revised Code.

(7) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the student media board.

(8) Meetings will be held regularly throughout the academic year, and as needed during the summer sessions.

(9) Special meetings may be called by either the chair, the director of student media or upon the request of two or more student media board members.

(10) A quorum shall consist of eight voting members. In the case of vacancies, this number shall be equal to a majority number of the remaining members to a minimum of four.

(11) All meeting minutes shall be recorded and forwarded to student media board members, the vice president for student affairs, and the dean of the college of communication and information.

(12) In the event that a quorum of the student media board cannot be convened in a timely manner, the chair of the student media board or designee and either an additional school of journalism and mass communication journalism sequence faculty member (if the request relates to emergency funding for the coverage of breaking news) or the director of the center for student involvement or designee (if the request relates to any other matter), will act on behalf of the student media board.

(E) Board charge.

(1) As the institutional publisher or de facto licensee for all student media, the student media board requires that each media organization establish a standard operating procedure when it requests funds, and thereafter to be reviewed and resubmitted by each funded medium every fall semester. The format of these procedures will be provided to each media organization.

(2) The student media board establishes criteria and guidelines for the appointment of the student editors and student managers of the various media organizations in its guidelines for the appointment of student editors and student managers.

(3) The student media board establishes criteria for the allocation of student activities fees in its guidelines for the allocation and use of student media activities fees.

(4) The student media board will not assume responsibility for student media publications or programs which it does not fund.

(5) The student media board reports to the vice president for student affairs and the dean of the college of communication and information.

(F) Specific responsibilities.

(1) Neither the student media board nor any student media adviser shall dictate or determine content for a student media organization nor will the student media board or the university discipline a student editor or student manager for the publication or broadcast of content that is protected by the First Amendment to the U.S. Constitution.

(2) The student media board gives responsibility for the day-to-day editorial operations of the media to the student editors and student managers of these media organizations. The student media advisers serve as non-voting members of the student media board and:

(a) The student media adviser shall function as a teacher, using the editorial, business and advertising operations to encourage responsible and enlightened journalism.

(b) The student media adviser's role as consultant shall extend to all operations of the media organization.

(c) The student media adviser shall assist the editorial staff in planning and executing each issue, or supervising the programming of the operation, whichever may be applicable.

(d) The student media adviser will assist the student editor or student manager in staffing the other positions of the organization.

(e) The student media board will review serious policy disputes between the student editors/student managers and student media advisers that cannot be resolved by the parties in dispute.

(f) Neither the student media board nor the university will remove a student media adviser from position as student media adviser based on content decisions made by student editors or student managers.

(3) The student media board delegates the responsibility for day-to-day business management of the media organizations funded by the student activities fees to the director of student media, who serves as a nonvoting member of the student media board. The director of student media, who reports to the director of the school of journalism and mass communication, administers university policy related to the business affairs of student media and advises the media regarding those policies. In addition, the director of student media:

(a) Assesses long-term and short-term options for capital expenditures and investments related to quality and efficiency of operations;

(b) Supervises full-time staff and part-time student media employees;

(c) Oversees the generation and collection of income from all sources for advertising and related services provided by the student media;

(d) Coordinates preparation of annual budgets and makes recommendations to the appropriate committee for each funded medium to the student media board;

(e) Coordinates and signs all contracts between outside vendors and student media in accordance with rule 3342-5-04.1 of the Administrative Code;

(f) Approves all expenditures and signs financial transactions relating to the media; and

(g) Provides counsel and assistance to the student media leaders.

(4) The student media board must be consulted about any change in the director of student media, position description.

(5) The student media board and the school of journalism and mass communication faculty advisory committee shall be consulted on the appointment of all student media advisers.

(6) The student media board recommends policies and establishes procedures to insure consistent handling of student media-related matters. These include, but are not limited to:

(a) Administrative policy and procedure regarding the student media board.

(b) Guidelines for the allocation and use of student media activities fees.

(c) Guidelines for the appointment and salaries of student editors and student managers;

(d) Appeal process regarding annual allocations.

(e) Student media board grievance procedures.

(f) Guidelines for student editors and student managers salaries.

(7) The student media board requires media organizations seeking funding to do so in accordance with established guidelines. The student media board makes recommendations relative to requested funding for all student media organizations funded by the student activities fee. These funding recommendations are forwarded to the vice president for student affairs and the dean of the college of communication and information.

(8) The student media board establishes the selection procedures and makes final decisions regarding the appointment of the student editor or student manager for each media organization providing applicants are compliant with the student media board guidelines.

(9) The student media board must approve requests from currently funded student media organizations for any change in budget of more than $500. Such requests must be presented in writing to the director of student media. The director of student media may approve such requests as within the parameters described within this rule, the guidelines for the allocations and the use of student media activities fees. The director of student media will present any request exceeding five hundred dollars to the student media board with a recommendation for student media board action.

(10) The student media board operates in accordance with these policies and procedures, and if not clearly specified in this rule, reserves the right to decide non-content issues relating to funded media organizations, within the parameters of university policies and procedures.

History

  • Effective: October 12, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.12 Administrative pollicy for the handling of radioactive materials.

(A) Policy statement. The purpose of this policy is to establish procedures and controls for the use of all radioactive materials and radiation use at the university. The requirements for the program aligns with the requirements of the Ohio department of health/ bureau of radiation protection, Nuclear regulatory commission and the university license and registration. The Kent state university radioactive materials and radiation use program is outlined in the Kent state university radiation safety manual and distributed to all licensees on campus.

(B) Radiation safety officer. The university radiation safety officer is appointed by the senior vice president for finance and administration to oversee the use of radioactive materials. The duties of the radiation safety officer includes:

(1) Ensuring that only authorized users on the license and the radiation workers under their direct supervision use radioactive materials.

(2) Ensuring that individuals are trained to use radioactive materials and the appropriate personal monitoring equipment is used when handling radioactive materials.

(3) Receipt and monitoring of all radioactive material packages from purchasing to disposal.

(4) Ensuring that all radioactive materials are secured against unauthorized use and removal.

(5) Regular inspection of all radioactive material laboratories.

(6) Decommissioning of laboratories to be returned to normal use.

(7) Record maintenance for the program that includes training, material inventories, personnel exposure records, wipe tests records, and leak test records which are kept accordance with local and state regulations.

(8) Calibration of equipment used for radioactive materials activity monitoring.

(9) To assure that the terms and conditions of the state license(s) are maintained.

(10) To assure that information supplied to and by the state of Ohio is updated as required.

(C) Institutional bioassay program. The Ohio department of health / bureau of radiation protection and nuclear regulatory commission requires authorized users and radiation workers that handle large quantities of tritium (H-3), I-125 or I-131 compounds under specific conditions have a bioassay performed. The Kent state university bioassay includes:

(1) Ensuring that radioactive material users handling large quantities of tritium (H-3), and iodine (I-125 or I-131) have not exceeded occupational intake limits via inhalation, absorption or ingestion.

(2) Taking appropriate clinical action to maintain the individual's health if excessive isotope levels are detected.

(3) Requiring bioassays only for specified conditions which are outlined in the Kent state university radiation safety manual.

(D) Institutional survey program. Radiation monitoring identifies sources of radiation contamination and exposure. The radiation monitoring techniques used in the radiation program will establish and maintain the regulatory operating philosophy of ALARA (as low as reasonably achievable) for all radiation levels. Monitoring will be conducted using radiation surveys and surface wipe testing.

(1) All survey meters used for radioactive material or radiation surveying must be calibrated annually by qualified firms.

(2) Personnel monitoring by a qualified company will be used by authorized users and radiation workers to measure radiation doses due to ionizing radiation.

(3) Radiation surveys will be conducted to confirm that the area radiation levels that are accessible to personnel do not exceed mandated state limits.

(4) Surface wipe testing will be conducted in all areas that use radioactive materials, except in areas that only use sealed sources.

(5) Survey results for all radioactive material use areas will be maintained by the university radiation safety office.

(6) Authorized individuals will wipe test sealed sources in accordance with the state of Ohio requirement and submit for analysis to a licensed company. The report will be submitted to the university radiation safety office and maintained by the radiation safety officer.

(E) Radioactive material purchasing. All radioactive material purchases must be approved by the radiation safety officer or their designee before an order can be placed. The radiation safety officer must maintain the allowable radioactive active limits permitted by the license.

(1) The radiation safety officer will inspect all incoming packages and monitor them for contamination before releasing them to the laboratory.

(2) All radioactive materials must be secured in controlled areas to prevent unauthorized use and removal of material.

(3) The radiation safety office maintains a radioactive material inventory for the entire university that is updated monthly to record usage, decay and disposal.

(F) Radiation safety committee. The radiation safety committee is responsible for establishing policies governing the procurement, use, storage and disposal of radioactive materials and radiation-producing devices. The committee is comprised of experienced users that have knowledge and understanding of radioactive materials and radiation devices. The committee meets at least once a semester to review radioactivity material usage and radiation generating equipment activity. The duties of the radiation safety committee includes:

(1) Review the radiation safety program to determine that all activities are being conducted in accordance with the radiation safety policy, license conditions, and regulatory requirements.

(2) Establish procedures and standards of practice for the radiation safety program.

(3) Review and approve all applications for use of radioactive material.

(4) Review and approve modifications and alternative uses of radioactive materials.

(5) Review radiation safety incidents, issues, and violations, and recommend corrective actions.

(6) Review of occupational radiation dose records and recommends methods to maintain low doses which align with the ALARA principle.

(G) Institutional training program. Any individual that would like to use radioactive materials must demonstrate knowledge and understanding of the required policies and procedures.

(1) Personnel must complete an initial training module and examination to confirm understanding of basic radiation material principles and practices. The initial training will be followed by an instructor led module which reviews, radiation physics fundamentals, radiation effects on living systems, basic radioactivity mathematical calculations, radioactivity measurement and monitoring techniques, and local, state, and federal regulations. An examination will be given to verify knowledge.

(2) Personnel working with unsealed radioactive materials must be trained by their supervisor who is the licensee.

(3) Users that work with sealed sources must be trained by the authorized user on the university license.

(4) Authorized users and radiation workers are provided annual training in conjunction with an examination to reinforce and update their knowledge regarding regulations, policies and procedures.

(H) Institutional waste disposal program. All radioactive solid and liquid waste is collected by the radiation safety officer.

(1) The radiation safety officer will dispose of aqueous liquid wastes down the drain in quantities that do not exceed the limits set forth in 20.303, 10 CFR part 20.

(2) Radioactive solid, liquid, tissue and carcass waste will be disposed of by an approved firm licensed by the state of Ohio.

History

  • Effective: August 7, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.14 Administrative policy regarding animals on university property.

(A) Policy statement. Kent state university is committed to providing reasonable accommodations to persons with disabilities and to fulfilling its responsibilities under federal and state laws and regulations. In addition, the university aims to foster a healthy, safe, and supportive environment that respects the rights of all individuals while enhancing their educational experience. Finally, the university strives to maintain the integrity and cleanliness of its property and campus environment. The purpose of this policy is to provide rules regarding individuals bringing animals onto university property. This policy does not apply to animals used in research or in association with veterinary technician programs, as covered by other policies. This policy also does not apply to animals specifically brought on campus through university agreements with third party vendors, or to animals performing law enforcement activities.

(B) Definitions. The following definitions apply to this policy:

(1) Assistance animals. Assistance animals include any animal that works, provides assistance, performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. Sometimes referred to as an emotional support animal, assistance animals are not service animals as defined herein.

(2) Handler. For the purposes of this policy, a handler is an individual who brings an animal onto university property.

(3) Office of equal opportunity and compliance. The office of equal opportunity and compliance is the university office responsible for reviewing, approving, and enforcing employee and visitor disability accommodations. The Title II/504 coordinator resides within this office.

(4) Pets. For the purposes of this policy, a pet is a companion animal that does not meet the definition of service animal, service animal in training, or assistance animal as provided for in this policy.

(5) Service animals. Service animals are dogs that are individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition; however, in some circumstances, a miniature horse may be considered a service animal. The work or tasks performed by a service animal must be directly related to the individual's disability.

(6) Service animals in training. A service animal in training is a dog training to become a service animal as provided for in section 955.43 of the Revised Code.

(7) Student accessibility services (SAS). SAS is the university office responsible for reviewing, approving, and enforcing student disability accommodations for students registered with the office.

(8) Unauthorized animals. Animals that are not defined or included in the definitions within this policy; any animal whose handler exhibits behavior prohibited by this policy. The university retains the right to remove these animals from university property to ensure the safety of the community.

(9) University property. For the purposes of this policy, this term shall encompass all property controlled, owned, operated, or leased by the university.

(C) Implementation.

(1) Handler responsibilities for all animals. In general, any handler bringing an animal on campus is responsible for the animal and for ensuring compliance with the provisions of this rule.

(a) The handler is responsible for the behavior of the animal at all times while on university property.

(b) The handler is responsible for maintaining control of the animal at all times.

(c) If an animal displays aggression, the handler shall immediately remove the animal from the area.

(d) If an animal's behavior creates a significant disturbance to university operations (for example, through excessive barking or other behavior), the handler shall immediately remove the animal from the area.

(e) The handler is responsible for immediately cleaning up after the animal in both indoor and outdoor spaces.

(f) The handler is financially responsible for any costs associated with the care, maintenance, and removal of the animal. This includes any costs of damage to university property caused by the animal, including but not limited to cleaning, repairs, and pest control deemed necessary by the university.

(g) The animal must remain free of communicable diseases and transmittable parasites.

(h) The handler is responsible for ensuring the handler's and animal's compliance with federal, state, and local laws and requirements, including but not limited to, control, registration, and vaccination requirements.

(i) The university may take reasonable efforts, pursuant to Ohio law, to remove an animal confined in a vehicle on university property when there appears to be imminent danger to the animal due to inadequate ventilation or temperature conditions. The university is not liable for any associated repair/damage costs to the vehicle for this action.

(j) Repeated, excessive, or severe violations of any of the provisions of this rule may result in one or more of the following: removal of the animal from campus; banning of the animal from all or part of campus; and disciplinary action against the handler in accordance with other applicable university policies.

(2) Pets.

(a) Pets are not permitted in university buildings or outdoor areas with restricted access (such as athletic facilities), except as permitted by residence hall and the department of residence services' policies.

(b) Pets shall not be left unattended at any time.

(c) Pets shall be securely confined in a vehicle, cage, or similar restrictive conveyance, or be secured to a leash, cord, chain, or similar direct physical control of a maximum length of six feet, the other end of which is restrained by the handler.

(3) Service animals.

(a) Service dogs are not required to wear a vest or other item identifying themselves as such.

(b) Service dogs are permitted to accompany a person with a disability in any area the handler is allowed to be, unless the dog's presence would compromise a sterile environment.

(c) The handler is not required to have an accommodation on file with SAS or office of equal opportunity and compliance for the service dog.

(d) Unless the need for the service animal is readily apparent, university employees with responsibility for maintaining or controlling that specific area of campus may ask individuals the following questions in order to determine whether an animal is a service animal:

(i) "Is this dog required because of a disability?" and if the answer is yes,

(ii) "What work or task is the dog trained to do?"

(iii) If the handler answers no to the first question or is unable to answer either question, the animal may not be a service animal. The animal may fall within one of the other definitions found within this policy.

(iv) The handler is not required to provide documentation or "proof" of the handler's disability or the service animal's training.

(v) University employees should make every effort not to repeatedly ask an individual the questions listed in paragraph (C)(3)(d) of this rule.

(e) Use of the service animal must not fundamentally alter the nature of the university service, program, or activity.

(f) Handlers with questions, concerns, or complaints regarding their utilization of a service animal on campus should contact SAS (student) or the office of equal opportunity and compliance (employee or visitor), and follow that department's policies and grievance procedures as applicable.

(g) Handlers found to be falsely characterizing their animal as a service animal may be subject to discipline in accordance with other applicable university policies.

(4) Service animals in training.

(a) A service animal in training and its handler shall be affiliated with a nonprofit special agency engaged in the work of training service animals.

(b) The animal shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the animal.

(c) The handler, whether student or employee, shall register the service animal in training with the office of the senior vice president of student life, or designee, prior to bringing the animal on campus. The registration includes proof of affiliation with a relevant nonprofit and proof of a current applicable insurance policy.

(d) University employees with responsibility for maintaining or controlling that specific area of campus may ask individuals if the dog is a service animal in training, and, if so, if the handler is registered with the office of the senior vice president of student life, or designee, in order to determine whether an animal is a service animal in training allowed on campus.

(i) If the handler answers no, the handler should be instructed that they must register with office of the vice president of student affairs, or designee, before they may bring the animal on campus.

(ii) University employees should make every effort not to repeatedly ask an individual about the status of the animal, once it has been established that the dog is a service animal in training.

(e) Service animals in training are permitted to accompany a handler in any area the handler is allowed to be, unless the dog's presence would compromise a sterile environment.

(f) A university employee wishing to bring a service animal in training on campus while performing their duties must maintain compliance with university policies and the terms and conditions of the individual's employment. The presence of the animal must not fundamentally alter the nature of the employee's position.

(g) Service animals in training are not required to wear a vest or other item identifying themselves as such.

(h) Service animal in training handlers may, but are not required to be, affiliated with on-campus student organizations that train service animals.

(i) The presence of the service animal in training must not fundamentally alter the nature of the university service, program, or activity.

(j) Handlers with questions, concerns, or complaints regarding their utilization of a service animal in training on campus should contact the office of the vice president of student affairs, or designee.

(k) Handlers found to be falsely characterizing their animal as a service animal in training may be subject to discipline in accordance with other applicable university policies.

(5) Assistance animals.

(a) An approved accommodation specifically for the assistance animal, through either SAS (student) or the office of equal opportunity and compliance (employee), is required before a handler is permitted to bring the animal into non-public areas of campus. Campus visitors must contact the office of equal opportunity and compliance within a reasonable amount of time prior to their arrival on campus to allow the University to determine whether their requested accommodation is reasonable.

(b) The office of equal opportunity and compliance and SAS offices, as applicable, will request information from the handler and other parties as necessary during the interactive process to determine the reasonableness of the accommodation. The SAS handbook includes additional guidelines for students requesting and keeping assistance animals, specifically within the residence halls.

(c) The handler's approved accommodation through SAS or the office of equal opportunity and compliance, as applicable, shall specify the parameters of the handler's use of the animal, including which non-public areas of campus the assistance animal is permitted. SAS or the office of equal opportunity and compliance, as applicable, will attempt to notify those university employees with control over those approved areas of campus of the handler's approved accommodation.

(d) Assistance animals are not required to wear a vest or other item identifying themselves as such.

(e) Handlers with questions, concerns, or complaints regarding their utilization of an assistance animal on campus should contact SAS or the office of equal opportunity and compliance depending upon their status as a student, employee, or visitor, and follow that department's policies and grievance procedures as applicable.

(f) Handlers found to be falsely characterizing their animal as an assistance animal may be subject to discipline in accordance with other applicable university policies.

(D) Procedures related to this rule.

(1) University employees with responsibility for maintaining or controlling a specific area of campus may ask a handler whether the animal is a pet, service animal, service animal in training, or assistance animal. Based upon the handler's answer, the employee should follow the guidance above. University employees should make every effort not to repeatedly ask an individual about the status of the animal, once it has been established.

(2) Members of the university community concerned about a disruptive animal should contact one of the following:

(a) If there is an imminent health or safety risk, contact the Kent state police services or local law enforcement.

(b) If the handler is an employee, contact the employee's supervisor.

(c) If the handler is a student, contact student conduct. If the issue involves an animal in a residence hall, contact residence hall staff.

(d) If unable to determine the status of the handler, contact the curator or administrative staff of the building in which the issue occurred.

(3) If an allergy or other condition renders a member of the university community unable to share space with an animal, the individual should contact SAS or the office of equal opportunity and compliance, as applicable, to discuss whether a disability accommodation for them is appropriate for that setting.

Last updated August 29, 2025 at 7:47 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.15 Administrative policy on entry and use of unviersity offices.

(A) Purpose. In order to provide maximum privacy and security for individual office space. the following administrative policy applies to all university offices assigned to one or more individuals.

(B) Operational procedure.

(1) A person may enter an assigned office space only:

(a) With proper authorization from the occupant;

(b) In performance of her/his regular duties as a university employee (i.e. custodial. maintenance. health. safety);

(c) With written permission of the appropriate vice president.

(2) No person may use an assigned office space for other than expressly authorized purposes.

(C) Violation. Violators of this policy will be subject to university discipline and possible criminal charges.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.16 Administrative policy regarding unmanned aircraft systems.

(A) Purpose. This policy serves to promote the safety, security, and privacy of the Kent state university community by regulating the use of unmanned aircraft systems, commonly known as drones, in accordance with applicable federal, state, and local laws, including federal aviation administration (FAA) regulations. It applies to all university employees, students, contractors, and third-party entities operating on or above university-owned or leased property.

(B) Definitions.

(1) Unmanned aircraft (UA). An aircraft operated without the possibility of direct human intervention from within or on the aircraft.

(2) Unmanned aircraft system (UAS). A system consisting of an unmanned aircraft and its associated elements, including communication links and control components, required for safe and efficient operations in the national airspace system (NAS), per 14 C.F.R. part 107.

(3) Flight operation. A UAS operation requested and approved for a single flight event occurring on one day.

(4) Continuous flight operation. A UAS operation requested and approved for multiple flight occurrences over a period of up to six months from date of approval.

(5) Model aircraft. An unmanned aircraft capable of sustained flight in the atmosphere, flown within visual line of sight of the operator, and used exclusively for recreational purposes in accordance with 49 U.S.C. 44809.

(6) Operator/pilot in command (PIC). The individual who is directly responsible for and has operational control of the UAS flight.

(C) Scope. This policy applies to:

(1) All university employees and students operating an UAS in any location as part of their official duties, academic instruction, research, or other official university activities.

(2) All persons or entities operating an UAS on or above university-owned or leased property.

(3) Any university department procuring, renting, or contracting UAS services for institutional purposes.

(D) Operating requirements.

(1) Kent state university is a "no drone fly zone." All UAS operations must be approved pursuant to the requirements of this policy and in accordance with all applicable laws and regulations. Acceptable categories of flight subject to review and approval are the following:

(a) Recreational use (must comply with FAA recreational flyer rules)

(b) Commercial use (requires 14 C.F.R. part 107 remote pilot certification)

(c) Public safety and government use (non-academic, e.g., law enforcement and emergency response)

(d) Educational and research use (students engaged in academic instruction may operate under faculty supervision in compliance with FAA guidance. A part 107 remote pilot certification holder must be present)

(2) Compliance. All UAS operations must adhere to:

(a) FAA regulations, including but not limited to 14 C.F.R. part 48, 14 C.F.R. part 89, and 14 C.F.R. part 107;

(b) Applicable federal, state, and local laws;

(c) Kent state university policies and procedures; and

(d) All operators must hold valid, unexpired certification with the FAA, unless otherwise exempt from such registration.

(3) UAS review committee and pre-flight UAS operation requests.

(a) The university's UAS review committee is responsible for reviewing and approving all requests for any flight operation or continuous flight operation. UAS review committee members shall include the following:

(i) The director of public safety or designee;

(ii) One member from the college of aeronautics and engineering appointed by the dean, college of aeronautics and engineering; and

(iii) Such outside representative with expertise as deemed appropriate by the committee to assist in review of any pre-flight operation request form.

(b) Pre-flight UAS operation request form:

(i) All operators must submit a pre-flight operation request form to the UAS review committee at least two weeks prior to the proposed date of any flight operation or the date of the first flight of any proposed continuous flight operation.

(ii) Pre-flight operation request forms are available on the websites of the college of aeronautics and engineering and the department of public safety.

(iii) No flight operation or continuous flight operation shall be conducted without approval of the UAS review committee as set forth below except for emergency operations by the department of public safety.

(iv) All notifications required by FAA regulations (e.g., to nearby airports per 14 C.F.R. 107.43) or university policy must be completed prior to flight.

(c) Operational restrictions. All operators must:

(i) Stay within areas designated and approved by the UAS review committee.

(ii) Minimize risks to other aircraft, people, and property on the ground. If such risks cannot be mitigated, flight operations must be stopped.

(iii) Stay within a line of sight of the UAS.

(iv) Avoid flying within:

(a) Fifty feet of walkway or pedestrian path.

(b) Two hundred feet of building or structure.

(c) One hundred feet of parking lots or roadways.

(v) Not conduct flights over the Kent state university airport.

(vi) Not capture university marks and logos without authorization from the office of general counsel.

(vii) Not collect or record sensitive institutional or personal information.

(viii) Not monitor or record areas where there is a reasonable expectation of privacy in accordance with a person or persons' constitutional rights.

(ix) If approved for a continuous flight operation (for up to six months), make all notifications required by FAA regulations and notify the department of public safety, police services prior to each flight.

(x) Report all accidents or adverse events immediately to Kent state university department of public safety, police services or the appropriate law enforcement agency, and the FAA if required under 14 C.F.R. part 107, 14 C.F.R. 107.9, or 14 C.F.R. 107.21.

(E) Compliance and enforcement.

(1) The division of finance and administration is responsible for the administration of this policy, in coordination with other university departments and resources as required.

(2) The department of public safety is responsible for the application and enforcement of this policy.

(3) Persons not affiliated with the university operating UAS or model aircraft on university-owned or leased property in violation of this policy are trespassers and may be subject to administrative or legal action including, but not limited to, being removed from campus and/or receiving a written directive to remain off campus, in accordance with applicable law and univeristy policies.

(4) Contractors and vendors shall comply with this policy and associated procedures. The contracting university department shall be responsible for ensuring contractors and vendors are aware of this compliance obligation.

(5) Student violations may be addressed in accordance with the student code of conduct provided for in rules 3342-4-02 and 3342-4-02.1 of the Administrative Code, as well as other applicable policies, and may include sanctions up to and including suspension or dismissal.

(6) Employee violations may be resolved in accordance with university policies, including sanctions up to and including termination.

(7) Violators of local, state, and federal laws and regulations may be referred to the appropriate law enforcement agencies.

(F) Implementation. The senior vice president for finance and administration, or designee, is responsible for the adoption of written procedures necessary for the effective administration and implementation of this policy.

Last updated March 2, 2026 at 8:26 AM

History

  • Effective: February 27, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.17 Administrative policy regarding video surveillance and electronic systems for safety and security.

(A) Purpose. Kent state university is committed to enhancing the quality of life of the campus community by implementing and integrating the best practices in safety and security technology. Video surveillance and electronic systems are an integral component of any safety and security plan and this policy is intended to regulate the use of such technology on campus with regard to those purposes. This policy is established to formalize procedures for the installation and use of video surveillance and electronic systems for safety and security on university property.

(B) Scope. The purpose of this policy is to regulate the use of video surveillance and electronic systems used in any area for the purposes of safety and security on university property. This policy does not apply to:

(1) Video surveillance and electronic systems used strictly for academic purposes or the use of webcams that have no significant secondary security function. Such exceptions include systems used to deliver education, conduct research, conduct video conferencing, record public performances, record practices or rehearsals, record news or press coverage, produce promotional materials, or record construction progress.

(2) Automated teller machines (ATMs) that may utilize cameras and are the property and responsibility of the specific vendor.

(3) The use of mobile or hidden video surveillance and electronic systems used in criminal investigations by police services.

(C) Definition. For the purposes of this policy:

(1) "Video surveillance and electronic system" refers to any system that monitors, records or regulates access to a specific location or activity through processes, technology, and equipment including but not limited to microphones, cameras, images, audio, video, snapshots, intrusion systems, panic button systems, public address systems, configurations settings, logs, software, and hardware.

(2) "University property" refers to all university owned, operated, or leased property.

(3) "Monitoring" means watching and observing a remote live view from a security camera as a primary task or function.

(D) Implementation.

Video surveillance and electronic system installation, administration, and management will be coordinated by the department of public safety. Exceptions will be extremely rare and require prior approval of the director of public safety.

(1) All university offices and university personnel must seek and receive express, written permission from the department of public safety prior to the installation of a new video surveillance and electronic system, or the re-activation or upgrade of an existing system, on university property.

(2) Recordings and other records created from video surveillance and electronic systems shall be stored in a secure location determined by the department of public safety (in coordination with the division of information services when applicable) and configured to prevent unauthorized access, modification, duplication, or destruction.

(3) Access to monitor or view recordings on video surveillance and electronic systems shall be limited to authorized personnel by the department requesting permission, and police services, and other personnel as determined by the director of the department of public safety or designee.

(4) Standards for access rights to video surveillance and electronic systems, storage standards and retention, and camera nomenclature shall be determined by the director of the department of public safety or designee.

(5) The copying or retransmission of live or recorded video from a video surveillance or electronic system shall be limited to persons authorized by the director of public safety or designee.

(6) Recordings and other files created from video surveillance must be retained no less than thirty days. After that time, the files can be in overwritten in conjunction with university approved storage models, unless otherwise approved by the director of public safety or designee. Recordings and other files related to ongoing investigations or legal filings are exempt.

(7) Recordings and other records created from video surveillance and electronic systems under this policy are considered security records. Personnel are prohibited from using or disseminating information acquired from such systems, except for official purposes. All information and observations made in the use of security cameras are considered confidential and can only be used for official university and law enforcement purposes.

(8) Signs may accompany video surveillance systems. Any signage posted shall include a statement indicating that the surveillance is not actively monitored.

(9) Video surveillance and electronic systems in university facilities shall be maintained by the individual facility or department purchasing or utilizing the system and shall be kept in working order at all times as determined by the director of the department of public safety or designee.

(E) Oversight and enforcement.

The department of public safety, by and through its director, is responsible for the administration of this rule. The department of public safety is further responsible for providing a security assessment determining need, hardware requirements, camera placement and access rights associated with any video surveillance or electronic systems located on campus buildings or grounds.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.19 Administrative policy regarding painting the rock located on hilltop drive.

(A) Policy statement. This policy establishes principles for painting the campus rock, a space provided to Kent state university students, faculty and staff to express themselves and share messages with the university community, in accordance with applicable state and federal laws and university policies.

Consistent with rule 3342-5-23 of the Administrative Code, the university is committed to maintaining a marketplace of ideas for all students and all faculty in which the free exchange of ideas is not to be suppressed because the ideas put forth are thought by some or even by most members of the university's community to be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

(B) Definitions. "Rock" the boulder currently located on front campus near Hilltop drive on the Kent campus. This policy also applies to boulders or structures that are or may be designated by the university for similar purposes at a regional campus.

(C) Scope. Permission to paint the rock is limited to students, faculty and staff of Kent state university. The rock is the only piece of university property permitted to be painted by persons not affiliated with university facilities management and/or contracted by the university for professional painting services.

(D) Procedures.

(1) The following paintings may be removed or painted over at any time:

(a) Paintings that are obscene (i.e. depicts or describes, in a patently offensive way, sexual conduct so as to lack serious literary, artistic, political, or scientific value);

(b) Paintings that are in violation of the university policies regarding unlawful discrimination and harassment (as defined in rules 3342-5-16, 3342-5-16.1, and 3342-5-16.2 of the Administrative Code); and/or

(c) Paintings that are directed to inciting or producing imminent lawless action.

(2) With the exception of painting, the physical condition of the rock may not be altered in any way that will change its integrity, shape, size, or orientation.

(3) No person may erect any structure for the purposes of painting the rock.

(4) Guarding the rock is not permitted by any person.

(5) Members or potential new members of student organizations shall not be required or forced to participate in painting the rock; this is considered hazing.

(6) Persons or entities painting the rock are responsible for the disposal of all waste and will ensure the area is left in a clean condition.

(7) Vehicles are not permitted to be driven on the grassy area surrounding the rock or on sidewalks.

(E) Violations. Violations of any procedures may result in the university repainting the rock, returning it to a blank canvas. This determination will be made by the senior vice president for student life in collaboration with the director of public safety or their designees. Violations of other university policies or criminal laws associated with the painting of the rock may be processed according to those policies or laws.

(F) Reserved powers. The preceding notwithstanding, Kent state university reserves the authority and right to paint the rock at any time at the discretion of the vice president for student life or the vice president's designee, in accordance with applicable state and federal laws and university policies.

Last updated August 31, 2026 at 7:41 AM

History

  • Effective: August 31, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-23

(A) Purpose. In affirmation of the principles of free speech stated in Ohio law, including but not limited to section 3345.0215 of the Revised Code, the university affirms that:

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

(2) The university is committed to giving students broad latitude to speak, write, listen, challenge, learn, and discuss any issue, to the extent provided by law.

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

(4) It is for students and faculty to make judgments about ideas for themselves, and to act on those judgments not by seeking to suppress free speech, but by openly and vigorously contesting the ideas that they oppose.

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

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

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

(8) The university is committed to providing an atmosphere that is most conducive to speculation, experimentation, and creation by all students and all faculty, who shall always remain free to inquire, to study and to evaluate, and to gain new understanding.

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

(B) Eligibility. Any student, student group, or faculty member may submit a complaint about an alleged violation by an employee of the university established under this section, including any penalty imposed on a student's grade for an assignment or coursework that is unrelated to ordinary academic standards of substance and relevance, including any legitimate pedagogical concerns, and is instead based on the contents of student's free speech.

(C) Violations. The division of student affairs, the division of human resources, and the office of the provost, as applicable, shall be responsible for administering this policy, including determining policy violations and issuing resolutions designed to address violations and aid in preventing further violations.

Last updated January 3, 2023 at 9:56 AM

History

  • Effective: January 1, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-16

(A) Purpose. This policy prohibits discrimination and harassment based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and protected military or veteran status. Retaliation for reporting or participating in the complaint process is also prohibited. The university encourages an atmosphere in which the diversity of its members is understood and appreciated, free of unlawful discrimination and harassment based on the listed categories. Thus, all members of the university are expected to join in creating a positive atmosphere in which individuals can learn and work in an environment that is respectful and supportive of the dignity of all individuals.

(1) Definitions and processes for implementing this policy will be defined in rules 3342-5-16.1 and 3342-6-02 of the Administrative Code.

(2) This policy is intended to promote the university's commitment to equal opportunity. It is not intended to censor first amendment rights to express ideas and opinions on any topic provided that expression is not in the form of unlawful discrimination or harassment.

(B) Eligibility. This policy shall apply to all university programs and services including, but not limited to, the following: recruiting, admission, access to programs, financial aid, classroom instruction, academic progress/grading, and social, recreational and health programs, as well as employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other compensation, and selection for training.

(C) Responsibilities. The vice president for the division of people, culture, and belonging are jointly responsible for implementation of this policy.

Last updated August 29, 2025 at 7:48 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-16.1

(A) Purpose. This policy sets forth the expectations and responsibilities for maintaining a safe educational and employment environment free of discrimination and harassment. This policy prohibits discrimination and harassment based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and military or veteran status. Retaliation for reporting or participating in the complaint process is also prohibited.

(B) Definitions.

(1) Office of equal opportunity and compliance (EOC) and the office of gender equity and Title IX (Title IX office). The offices that administers this policy, including handling complaints of unlawful discrimination. Office of EOC has also designated "compliance facilitators" at each regional campus and in select university colleges and departments and the Title IX office has designated "deputy Title IX coordinators." These individuals may assist EOC or the Title IX office wiht investigations and other compliance-related matters. The director of equal opportunity and compliance serves as the ADA Title II and Rehabilitation Act Section 504 coordinator overseeing complaints of disability discrimination and requests for ADA accommodations. The director of gender equity within the division of student life serves as the Title IX coordinator overseeing pregnancy accommodations and unlawful discrimination on the basis of sex in university education programs or activities, in accordance with Title IX of the Education Amendments of 1972 and Title 34 part 106 of the Code of Federal Regulations.

(2) Complainant. The person, organization, or department that files a complaint with EOC or the Title IX office alleging that they have been discriminated against.

(3) Respondent. The person, organization, or department that the complaint is filed against. If the respondent serves in more than one role on campus (for example, a respondent who is both a student and an employee), the respondent's primary role in the occurrence of the alleged action shall determine which investigative path below shall be followed. Additional sanctions based on the respondent's secondary role may be considered as appropriate.

(4) Discrimination. Action based on a protected category that limits a group or individual's ability to participate in the university's educational and employment opportunities.

(5) Harassment. A form of discrimination. Harassment is defined as action taken without consent, based on a protected category, and either:

(a) Enduring the offensive conduct becomes a condition of continued employment, academic success, or benefit; or

(b) Sufficiently severe or pervasive so as to interfere with the individual or group's ability to benefit from university employment, services, activities or privileges.

(6) Protected category. The following personal characteristics are considered "protected categories." Discrimination is prohibited based on the following:

(a) Race;

(b) Color;

(c) Religion: sincerely held religious beliefs;

(d) Gender or sex. This includes discrimination based on gender identity, gender expression, gender non-conformity, and pregnancy. Gender or sexual harassment also includes the following:

(i) Sexual misconduct. Intentional sexual touching with any body part or object, that is without consent. This also includes:

(a) Sexual exploitation, defined as taking non-consensual or abusive sexual advantage of another for one's own benefit, or to benefit a third party; or

(b) Knowingly transmitting a sexually transmitted infection without consent.

(ii) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

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

(iv) Dating violence. Violence or intimidation committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(e) Sexual orientation;

(f) National origin;

(g) Ancestry;

(h) Disability. This category includes protections for individuals with a physical or mental impairment that substantially limits one or more major life activity; individuals with a record of such an impairment; or individuals regarded as having such an impairment. Complaints regarding a failure to accommodate a disability are also included within this procedure. (genetic information of an employee or an employee's family member);

(i) Age: over forty years old; and

(j) Military or veteran status.

(7) Consent. An action defined as the voluntary, unambiguous and uncoerced agreement to participate in an act, the nature and full extent of which is understood by all parties. Silence or lack of resistance cannot be the sole factor in determining consent. Consent may be given verbally or nonverbally. All parties are responsible for confirming that their counterpart's consent is maintained throughout the act and is present before engaging in a new act. A person may be incapable of giving consent due to physical incapacitation, physical or mental disability, threat, coercion, the influence of alcohol or drugs, or age.

(a) Coercion. When an individual unreasonably pressures another to engage in sexual activity, despite responses that the conduct is unwelcome or unwanted. Coercion includes elements of pressure, duress, cajoling, and compulsion. The pressure to participate may also be considered unreasonable when the pressuring individual is in a position of influence or authority over the other individual.

(b) Incapacitation. A state where a person lacks the capacity to reasonably appreciate the nature or extent of the situation because of their physical or mental status, developmental disability, or alcohol or drug use.

(8) Retaliation. A retaliatory action is any materially adverse action taken against a person because they, or someone they are associated with, engaged in an activity protected by this policy. Protected activity includes: (a) filing a good faith report or complaint of discrimination under this rule or under the law; (b) participating in the process for investigating complaints of discrimination made under this rule or the law; (c) complaining of or opposing discrimination as defined by this rule; or (d) requesting an accommodation in accordance with this policy.

(a) A materially adverse action is one that might deter a reasonable person from participating in the protected activity. It may include, but is not limited to, termination, discipline, and harassment, but does not include petty slights, minor annoyances, or trivial punishment.

(b) Identifying whether an adverse action occurred because of protected activity will vary based on each individual situation. Types of evidence that may point to a retaliatory motive, either on their own or together, may include: written or oral statements; the adverse action itself; proximity in time between a protected activity and an adverse action; changes in treatment of an individual after a protected activity occurred, especially as compared to other individuals; failing to follow established policies or practices; and inconsistent or shifting explanations for an adverse action.

(C) Eligibility. All students, faculty, staff, visitors, applicants, and university recognized student organizations. This policy will apply to incidents occurring on campus or within university-sponsored events and programs, and to incidents occurring off-campus if both parties are affiliated with the University through enrollment or employment at the time of the incident. Complaints within the purview of this policy must be filed with the office of EOC within thirty business days of the alleged harm (except complaints of sexual misconduct, stalking, domestic violence and dating violence).

(1) This policy does not apply to those specific complaints of sexual harassment that fall within the purview of Title IX and rule 3343-5-16.2 of the Administrative Code. The director of gender equity/Title IX coordinator or designee will review reports of discrimination and harassment to determine which policy is applicable. Title IX and rule 3342-5-16.2 of the Administrative Code applies to:

(a) Sexual harassment as defined by that policy

(b) Occurring in a Kent state university education program or activity, against a person in the United States; and

(c) Filed by a complainant who, at the time of filing a formal complaint, is participating in or attempting to participate in the education program or activity of the university with which the formal complaint is filed.

(D) How to file a complaint. An eligible person (as defined in paragraph (C) of this rule) who believes that they have been discriminated against by a university department, an employee, a visitor to campus, a student organization, or a student is encouraged to contact the office of equal opportunity and compliance to file a complaint by phone at 330-672-2038, or via email at compliance_equalopp@kent.edu. Matters involving gender equity can be filed with the Title IX office by phone at 330-672-7525 or at titleix@kent.edu. Complaints of retaliation follow this same process.

(1) The applicable office (EOC or the Title IX office) will first examine the allegations within the complaint to determine if they are within the purview of this policy. Complaints outside of the purview of this policy may be referred to another university process. The office may also decline to accept a complaint if they determine that the allegations, even if true, would not be a violation of this policy. If the office declines to accept a complaint, the party who brought forth the allegation will be notified in writing of this decision. This decision may be appealed using the appeal process noted in this policy.

(2) A complainant's consent is generally necessary before an investigation will be started. However, the office director (or designee) may determine that an investigation may move forward without the consent of the complainant, in the following situations: where the director (or designee) believes the safety of the university community may be at risk because of the circumstances of the allegations; for repeated allegations against a single respondent; or where the director (or designee) believes the alleged policy violations may affect a larger group.

(3) Anonymous or indirect reports will be reviewed to determine if enough credible information has been provided to substantiate an investigation. At the discretion of the director (or designee), the office may initiate an investigation without a specific complainant or close the complaint if the eligibility requirement [as defined in paragraph (C) of this rule] is not met.

(4) The university will make every reasonable effort to honor the confidentiality and privacy of all parties involved to the extent practicable and allowed by law. The office may be limited in its ability to investigate without permission to share relevant details. Alleged felonies may be reported to the police in accordance with Ohio law. The reporting party may make a report to law enforcement at any time.

(5) Remedial measures to eliminate harassment may be available regardless of whether a complaint is filed. Such measures may include modifications to academic, employment, and housing situations as appropriate. A no-contact order may be put in place if requested and would prohibit contact between both parties.

(6) If a respondent has more than one role with the university (for example, student and employee), the complaint will be handled in accordance with the context the respondent was in when the alleged incident occurred. At the conclusion of that process, EOC, the Title IX office, or office of student conduct may make additional recommendations or finding regarding the respondent's other role, as appropriate.

(7) If either party is a minor who is not an enrolled student, the minor's parents may be notified. If the allegations involve sexual misconduct, stalking, or violence, local law enforcement will be notified as well.

(8) Parties notified. The office will notify the respondent in writing when a complaint is made. If the respondent is a university employee, organization, or department, relevant supervisors and administrators will be notified of the complaint as well.

(E) Informal resolution. If both parties agree to do so, the office may attempt informal resolution of the complaint at any time prior to the issuance of the investigation summary report. This may include a meeting of both parties with the office representative to discuss the complaint and come to a mutual resolution; a mutual no-contact order; or some other voluntary resolution agreement. If an informal resolution is reached, it will be recorded in writing. Either party may choose to elevate the complaint to a formal investigation at any time, including if they feel the other party is not adhering to the agreement.

(F) Formal investigation. If informal resolution is not attempted or reached, the office representative will conduct an impartial, prompt and thorough investigation of the matter.

(1) The investigation may include, as applicable: interviews with both parties; interviews with anyone that may have relevant information about the complaint; and collecting and reviewing relevant documentation or other evidence.

(2) A formal investigation, including any of the resolution following steps, will be completed within ninety business days of filing a complaint. If more time is needed, the investigator will notify both parties in writing.

(3) Either party may have an individual of their choice accompany them through any stage of this process to provide support and guidance.

(4) The complainant may request to withdraw their complaint at any point prior to the resolution of the complaint. The complaint will be concluded at that point, without resolution, unless the director (or designee) elects to proceed with the complaint in accordance with paragraph (B)(2) of this rule.

(G) Formal resolution for student and student organization respondents. The matter shall be referred to the office of student conduct for adjudication per rule 3342-4-02.1 of the Administrative Code. If the respondent is a student or student organization, the investigator will notify the office of student conduct that a hearing panel should be convened and provide a report of their findings. For more detailed information regarding the hearing and appeal proceedings, see the code of student conduct.

(H) Formal resolution for employee, university department, and visitor respondents. The investigator will summarize any relevant information gathered as part of their investigation. The written disposition will include the investigator's determination of whether the non-discrimination policy was violated.

(1) The investigator uses a preponderance of the evidence standard in making this decision.

(2) If discrimination or harassment was found to have occurred, the disposition will include the investigator's recommended sanctions to prevent recurrence of any discrimination/harassment and to correct any discriminatory effects on the complainant and others, if appropriate.

(3) If the respondent is an employee or department, the respondent's department is responsible for determining whether they will accept and implement the sanctions recommended in the written disposition. The respondent's department must notify the investigating office (EOC or Title IX) in writing within fifteen business days after receiving the investigation findings if the recommended sanctions will be adopted. If not, the department must identify what other course of action will be taken regarding the respondent.

(4) If the respondent is a visitor to campus, the investigator may recommend the persona non grata process be initiated pursuant to rule 3342-5-12.7 of the Administrative Code.

(5) The decision may be appealed by either party, in writing, to the vice president of people, culture and belonging (or designee) or senior vice president for student life (or designee) for title IX investigations within seven business days, and a decision will be issued to both parties within thirty business days. An appeal may only be made on the following bases:

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

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

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

(I) Requirement to report. All employees of the university (except those health care professionals with statutory confidentiality requirements, when acting in their capacity as such) are required to notify the Title IX office all instances of possible gender/sexual harassment, sexual misconduct, stalking, and intimate partner violence within the purview of this policy that they are made aware of in their capacity as an employee. A report to the center for sexual and relationship violence support services (SRVSS) or Kent state police services satisfies this requirement. Employees are also expected to report to the office of equal opportunity and compliance of possible non-gender based discrimination or harassment they are made aware of in their capacity as an employee. With EOC office approval, university departments may create internal reporting structures that ultimately and promptly lead to the EOC office.

(J) Either party may file a seperate complaint against the university may also be filed with external agencies, including but not limited to: the Ohio civil rights commission, the equal employment opportunity commission, and the department of education office for civil rights.

Last updated September 2, 2025 at 7:32 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.301 Operational policy regarding disposal of university property.

(A) Policy purpose. The purpose of this policy is to document the responsibilities and requirements related to the disposal and sale of Kent state university (KSU) surplus property by university facilities management (UFM) campus surplus. UFM campus surplus has been delegated sole authority to dispose of surplus property for KSU. UFM campus surplus ensures that surplus property is used to the fullest and most reasonable extent possible within the university and will dispose of surplus property in an economical and sustainable manner.

(B) Definitions.

(1) Capital asset. Any tangible item such as equipment, furniture, or other assets with an original cost of five thousand dollars or more and an estimated useful life in excess of one year. Deemed an inventory asset by the controller's office and tagged with unique number. This definition excludes library books and real property. Real property is land and any assets attached directly to land such as buildings and building improvements.

(2) Surplus property. KSU property that is in excess of department needs, no longer in use by the department, technically or mechanically obsolete, no longer functional, or has no intrinsic value. Includes all capital and non-capital asset(s).

(3) State property. All KSU materials, supplies, and equipment, regardless of value.

(4) Campus surplus. Function of university facilities management responsible for the distribution, sale, and disposal of university property.

(C) Scope and eligibility. This policy applies to any surplus property purchased or leased with KSU funds or funds within the control of KSU.

(1) Regional campuses (non-Kent campus branches) and college of podiatric medicine are considered out of scope and must follow procedure provided in paragraph (I)(3) of this rule.

(2) Only campus surplus is authorized to dispose of university property, through sale, auction, scrapping, or other prescribed methods.

(3) No individual employee may personally benefit from the sale of university-owned material or equipment.

(4) Motor vehicle disposal is the sole responsibility of UFM fleet services. Including regional campuses and college of podiatric medicine.

(5) Disposal of surplus equipment that contains, or was used with or near hazardous substances, must be approved by the department of occupational health and safety to ensure both the safety of personnel and compliance with government regulations.

(D) Procedure and implementation.

(1) Surplus property. Enter a work order listing the surplus items to be picked up by UFM. Includes electronic and non-electronic items.

(a) If deemed a capital asset, attach a signed copy of the inventory control form. The department is responsible for notifying the controller's office of disposal of any asset.

(b) UFM personnel will pick up the surplus property directly from the department and store at campus surplus.

(c) When items are released by either pick-up or delivery to campus surplus, responsibility, ownership and accountability for the property is transferred from the unit to campus surplus for final disposition.

(d) Upon transfer of property, campus surplus will assess item functionality; determining work and considerations of ecological sustainability.

(E) Redistribution of surplus property.

(1) If item has a determined worth and functionality, by means of the KSU redistribution website, UFM will make the surplus property available to other KSU departments at no cost to receiving department.

(2) Items available for redistribution may be viewed at campus surplus located at the administrative services building (ASB) based on schedule availability.

(3) Units may place items on hold for one week to make arrangement for pick-up.

(4) Surplus property will be made available to KSU departments for a minimum of thirty days.

(5) A work order for transferring items from the surplus warehouse to the unit is required.

(6) Items on the redistribution website are for business usage within the campus community and may not be take home for personal use.

(F) Public sale or auction.

(1) After minimum posting of thirty days on the KSU redistribution website, campus surplus will coordinate the listing of the item on the online auction website for at least two posting cycles or other alternative method of public sale.

(a) Pursuant to competitive bidding procedures with the asset being sold to the highest bidder (buyer).

(i) Ineligible bidders or buyers: University employees may bid or purchase items offered for auction or public sale as long as these conditions do not apply:

(a) Employee participated in the decision to remove item from its funding department or location;

(b) Employee participated in the fair market assessment of surplus item;

(c) Employee has acquired information not otherwise available to the general public regarding usage, condition, quality, or value of item;

(d) Employee intends to personally profit or gain from resale of usage of item.

(b) To qualify as a purchaser of item, an employee of the university must pay a price higher than any other viable offer including value received from scrapping or recycling the item.

(2) Campus surplus assumes responsibility of assessing fair market value of all surplus items.

(3) Posting cycles of auctions are not required to be consecutive.

(4) Surplus property is purchased "as is, where is." All sales are final. There are no returns, refunds, or exchanges.

(5) Campus surplus reserves the right to remove items prior or from sale.

(6) The buyer is required to secure appropriate arrangements within ten business days after payment is received for the removal of item and perform all work necessary, including packing, loading and transportation of the property; no assistance will be provided.

(7) Transportation arrangements and correspondences will be completed during normal business operating hours of UFM campus surplus and/or the university.

(8) Failure to pick up within the ten business days results in the item being released back to the university for sale or re-auction.

(a) Buyer will be placed into default and not permitted to buy or bid on future KSU surplus items.

(b) Credit may be provided on defaulted items at the discretion of campus surplus.

(9) Unsold items may be released back to the university community for redistribution or later public sale if market value is determined. If no market value is assessed, item may be released for disposal

(G) Sales proceeds and fees.

(1) Net proceeds from the sale of surplus property will be used to financially sustain the staffing and overhead costs of the campus surplus operation.

(a) For items with a resale value over two thousand five hundred dollars, a minimum of seventy-five percent of the net proceeds will be credited to the releasing department, with the remaining percent credited to campus surplus.

(b) Exceptions will require approval from associate vice president of facilities planning and operations.

(c) County-mandated sales tax will be charged on all sales unless a valid sales tax exemption certificate is presented by the buyer.

(H) Disposal.

(1) Surplus property not redistributed within the university or sold via public sale may be disposed of in the way most economical for the university.

(2) Campus surplus assesses all surplus property received, and determines its appropriate disposal for maximum benefit to the university, including scrap.

(3) Capital assets acquired with funds from sponsored programs. Special recordkeeping and disposal requirements often apply to capital assets purchased under a federal award or other sponsored program. In cases where the terms of the grant or contract are more restrictive than the university's policy, those terms shall govern. In cases where the requirements imposed are less restrictive, the university's policy shall apply.

(a) Disposition of sponsored program assets must meet all university and sponsor requirements and be coordinated through the office of sponsored programs to ensure appropriate approval before the university controller's office and procurement department will give final approval. In the event of relocation of a principal investigator (PI) to another institution, the PI may be permitted to transfer the equipment from the PI's ongoing grant(s) or contract(s) with prior approval of the appropriate university authority in conjunction with the terms of the grant(s) or contract(s). Additionally, it is the PI's responsibility to work with the university controller's office and the procurement department to ensure that all university asset disposition requirements have been met prior to physically transferring the equipment.

(b) Additional details regarding requirements specific to sponsored programs are provided for in rule 3342-10-03.1 of the Administrative Code.

(I) Exceptions to the surplus disposal program

(1) Experience, foresight, product knowledge and other factors will lead one to understand that a particular item which is no longer useful to the university may have further value to other nonprofit organizations.

(2) Examples of situations which may lend themselves to this idea would be, but are not limited to, cleansed computer equipment, microscopes, lighting systems, lab furniture, dormitory furniture, etc. Disposal of these items, which are considered too valuable for the surplus program yet outdated for campus use, may be accomplished in one of several ways.

(a) Trade-in. Often a manufacturer will provide a trade-in value for old equipment when a new purchase of similar equipment is considered. The value of the trade-in offer may be questioned by those in the field and if it is determined by the involved parties and the director of procurement, that equitable value is being provided then an agreement may be reached. The traded equipment's model, serial numbers and bar coded numbers will be listed on the purchase order designated for acquisition of the replacement items. Credit for these items will be an integral part of the overall purchase price of the new equipment order. From the receiving copy of the purchase order, inventory property control personnel from the controller's office will then slate the traded equipment for removal within the property control system.

(b) Goodwill offerings. At the discretion of UFM campus surplus, it may be decided that a goodwill offering will be made to another state educational or nonprofit (501c3) organization as simply a donation. Notice of the availability will be made to the organizations that have expressed an interest and can offer tax identification by letter, e-mail, or fax. Awards will be made on a "first interested, first claimed" basis. First preference will be given to other nonprofit educational institutions in our local geographic region (contiguous counties). These goodwill offerings are meant to enhance and further the university's commitment to organizational stewardship through education, research, community services and sustainability.

Donations may not be made for partisan political purposes, for-profit organizations and/or not-for-profit organizations.

(c) Cannibalization. For some items it may be considered advantageous to use components of one unit to help reconstruct another. This process may leave nothing more than an empty shell of absolutely no value. Disposing of an item that has been cannibalized in a university dumpster is the most cost-effective method of disposal. The decision to use this process belongs to the supervisor of those involved in the reconstruction process. In all instances, if the item has a tag number, it is necessary to report the status of the item to inventory property control personnel in the controller's office for the recording of the transfer of disposal.

(d) Sentimentality sale. The senior associate vice president for finance and administration and/or the associate vice president of facilities, planning and operations may choose to recognize meritorious and exceptional service by providing the possibility for an individual who is/has retired to purchase at fair market value an item deemed to have more sentimental worth to the individual than value to the university. The individual may be given the opportunity to provide a fair market price, determined through communications with dealers in the same field, for said item. Campus surplus will also provide their determined fair market value. Upon the agreement price, the individual will be permitted to purchase and remove the item from the university. This procedure is not to be used indiscriminately and will only be invoked after careful attention has been given to the circumstances.

(e) Special value Items that are perceived to have a potential special value (i.e., antiquities, artwork, memorabilia) will be handled separately. At the discretion and determination of campus surplus and the associate vice president of facilities, planning and operations, the item(s) will be stored, handled, redistributed or sold on a case-by-case basis.

(3) Regional campuses and college of podiatric medicine. Regional campuses and college of podiatric medicine must follow all working procedures within this policy; however, will be exempt from the transferring of property.

(a) Campus surplus will officiate the sale, public auction, or redistribution of regional campus and college of podiatric medicine surplus property. Including final recommendation of disposal as needed.

(b) Campus surplus shall receive a thirty-five dollar flat fee for posting, tracking and coordination of surplus property.

(c) UFM fleet services continues to assume sole responsibility of regional and college of podiatric medicine motor vehicle disposal.

(J) Reporting and records. Campus surplus will maintain and report required records in accordance with office of internal audit and controller's policies.

(K) Violation. Any violation of this policy may result in the department being subject to supervised inventory control measures and any person or group who violates this policy may be subject to disciplinary actions up to and including termination.

(1) Campus surplus must approve all disposals of state property.

(2) Donations or sales of state property to private individuals, for-profit organization, or state employees are prohibited unless the items are sold at announced public sales or auctions.

History

  • Effective: September 14, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.401 Operational policy regarding event accessibility.

(A) Purpose. This policy provides the requirements for administrative offices and instructional units of the university in planning events that consider the accessibility of participants, including those with disabilities, in accordance with the university's duties under Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794, and its implementing regulation at 34 C.F.R. Part 104, and Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35.

(B) Definitions. For the purposes of this rule only, the following definitions shall apply:

(1) Assistive listening devices (ALDs). Personal devices that help those with hearing loss or a voice, speech, or language disorder to communicate.

(2) Event coordinator. A university employee of the administrative office, instructional unit, or office of university events and protocol who is primarily responsible for organizing the event on behalf of the administrative office or instructional unit.

(3) Section 504/Title II coordinator: A university employee responsible for overseeing the university's compliance with the above-noted disability non-discrimination and accommodation laws. The Section 504/Title II coordinator position is within the office of equal opportunity and compliance (EOC) in the division of people, culture and belonging.

(4) Speech-to-text services. Technology that enables human speech to be converted automatically to text; includes real-time captioning or transcribing, a method of using specialized software to convert spoken language into visual text onto a screen.

(C) Requirements. The administrative offices and instructional units of the university are responsible for ensuring that any events they sponsor are accessible to those individuals with disabilities that need and request a reasonable accommodation, in accordance with the laws noted in paragraph (A) of this policy. The event coordinator must solicit, review, and respond to requests for accommodations in the manner described below. It is the responsibility of the administrative office or instructional unit sponsoring the event to ensure the event is held in compliance with this policy.

(D) Implementation.

(1) Event planning and production. Event coordinators shall consider the accessibility of the event at all stages of event planning and production. Any costs incurred in complying with this policy are the responsibility of the administrative office or instructional unit sponsoring the event. The event coordinator may consult with the Section 504/Title II coordinator, the office of student accessibility services (SAS), and other campus resources in planning an accessible event.

(2) Invitations, advertising, and event website. Any invitations, advertising, websites, or registration sites for events shall contain language notifying the intended audience that they can obtain information as to the existence and location of accessible services, activities, and facilities, and if they require a reasonable accommodation to attend the event, they should contact the event coordinator (or designee) as soon as possible. The notice shall also provide the contact information for the event coordinator or designee.

(3) Requests for accommodations. The event coordinator shall review any requests for disability accommodations to determine if they are reasonable. No accommodation shall be required if the accommodation would fundamentally alter the nature of the event or result in undue financial and administrative burdens. Event planners must consult the Section 504/Title II coordinator prior to denying any accommodation request.

(4) Assistive listening devices (ALDs). If the event will have a speaker, presentation, or performance where audible communication is integral to the program (and particularly if audio amplification will be used), an ALD shall be provided. The event coordinator shall discuss the availability and usage of an ALD system with the employees responsible for audio, visual, and technical support for the space. Some university event spaces are equipped with permanent ALDs. The student center has permanent ALDs in some spaces and portable ALDs that can be reserved ahead of an event. Classroom technology and university event support can also be contacted for portable ALD systems.

(5) Speech-to-text services. If the event will have a speaker, presentation, or performance where audible communication is integral to the program, particularly if the event is large and public-facing, the event coordinator should consider utilizing speech-to-text services to proactively address any accessibility issues, disability or otherwise.

(6) Training. Event coordinators are responsible for familiarizing themselves with this policy. The event coordinator shall also ensure that other staff (including volunteers and student assistants) with responsibility for planning events or interacting with attendees, receive training regarding this policy. Training should occur on a regular basis, at least biannually, and be conducted with assistance from the Section 504/Title II Coordinator. New event coordinators should be trained shortly after hire or designation.

(E) Violation. Any person who believes they were denied a reasonable accommodation in violation of this policy may utilize the grievance procedure provided for in rule 3342-5-16.1 of this Administrative Code. The Section 504/Title II coordinator may be contacted at compliance_equalopp@kent.edu for more information regarding this process.

Last updated August 29, 2025 at 7:47 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.403 Operational procedures and regulations regarding schedule of use and closed periods for buildings of the university.

(A) Purpose. The university strives to provide a safe and secure environment and to meet the educational and professional needs of students and employees. Toward this end, these procedures establish open and closed periods for university property, provide for extension of open periods, and prescribe conditions under which persons may use closed facilities.

(B) Scope. This policy applies to all university owned, operated, or leased property (collectively "university property"). Key and access card control at regional campuses and college of podiatric medicine are managed by the respective dean or delegate. Annually the regional campuses and the college of podiatric medicine shall submit specific key and access card procedures along with a complete inventory of keys and access cards to the associate vice president of facilities, planning and operations. Kent state university museum is responsible for managing access to the museum located in Rockwell hall.

(C) Definition. The following definitions shall apply to this policy:

(1) Key holder or cardholder. Any individual who has been granted individual access to university property whether through keys, access cards, or other similar means.

(2) University facilities management (UFM). A unit of the facilities planning and operations department containing the lock shop.

(3) Access card. A card with magnetic stripe programmed to allow access via an electronic door lock.

(4) Vendor. A supplier, contractor, or other outside entity providing services or product to Kent state university.

(5) Master key. A single key that opens all doors in a single building.

(6) Grand master key. A single key that opens all doors in multiple buildings.

(7) Unit. A general term used in this policy to refer to the relevant office, department, center, school, college, division, etc. requesting access or responsible for access to a designated area.

(8) Unit administrator. A department head, department chair, or dean.

(9) Facilities, planning and operations (FPO). A department consisting of the units of UFM, office of the university architect (OUA), and sustainability.

(D) Procedures.

(1) Building curator. It is the responsibility of unit administrator, to nominate the building curator, who must accept such nomination in writing. The department chair or dean shall forward the nomination for approval by the associate vice president for facilities planning and operations. Such approval may be withdrawn at the sole discretion of the associate vice president. Upon such withdrawal, the department chair or dean shall make another nomination. In the event a building curator is not nominated by the department chair or dean within a reasonable amount of time, the associate vice president may appoint an interim building curator until such time as a nomination is put forth. For buildings with multiple departments, associate vice president, facilities planning and operations, will coordinate with the departments to select nominee. The regional campus dean, or delegate, functions as the building curator.

(2) University property shall be locked when closed or otherwise not in use.

(3) Non-academic buildings. Open and closed periods for all non-academic buildings shall be regulated by the building curator.

(4) Academic buildings. All academic buildings are closed from eleven p.m. to seven a.m., Monday through Friday, and all weekend hours unless opened by request of the building curator, scheduling office, conference bureau, or other authorized university official. This schedule is based upon the normal use requirements. Special hours are established for the university library.

(a) It is permissible for a building curator to open a building during the regularly scheduled closed periods for departmental use only, by using the key card or entering a UFM work order. The building curator assumes responsibility for the unlocking and locking times by submitting a work order to UFM and informing police services of the special event schedule. It is permissible for the regional campus deans, or delegates, to approve access outside normal operations hours. It is permissible for a building curator to close a building outside the times listed in this paragraph providing the building curator has met the following criteria:

(i) The building curator has consulted the office of the registrar, conference bureau or other authorized university official to ensure officially scheduled building use is not adversely affected by the earlier closing of the building.

(ii) The building curator has made arrangements with facilities, planning, and operations for the installation of electronic locking devices on one or two exterior doors that are located at the primary entrances to the building. These locking devices will allow authorized personnel access to the building during the time in which the building is closed by the curator.

(iii) The building curator has coordinated securing the doors with electronic locking devices with facilities, planning, and operations, and has made arrangements with police services and UFM to secure all other exterior doors of the building at the time designated by the curator.

(iv) Mechanical locking exterior doors will only be unlocked and locked for student events. Staff can use the card access doors.

(v) The building curator has notified police services of the early closing dates and times.

(b) In the event of absence, the building curator may appoint a temporary building curator in writing and notify the building occupants and the associate vice president, facilities planning and operations. Upon the building curator's return, the appointment shall immediately terminate. The building curator shall notify the associate vice president, facilities planning and operations, in writing, of resignation.

(c) A university or university-contracted employee, or vendor, may use a closed building under the following conditions:

(i) The employee has the permission of the building curator.

(ii) University-contracted employee is engaged in the performance of a contracted job.

(iii) The employee displays an access card and, if employed by the university, possesses a valid Kent state university identification card.

(d) A student may use a closed building under the following conditions:

(i) The student has the permission of the building curator, and department/school chairperson where appropriate.

(ii) The student possesses a valid Kent State university identification card.

(5) Regional campuses and college of podiatric medicine are responsible for managing building access under the authority of the respective dean or delegate.

(E) Violation. Failure to follow this rule may result in loss of access to university property or termination of appointment as a building curator, at the discretion of the senior vice president for finance and administration or designee.

History

  • Effective: May 15, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.404 Operational procedures and regulations regarding half-staff for the flag and death notices.

Policy statement. The flag on the front campus shall be lowered to half-staff only during periods of national mourning as declared by the federal government, or as directed by the office of the governor of the state of Ohio.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.405 Operational policy regarding key and electronic access control.

(A) Purpose statement. This policy provides for the issuance and accountability of all keys and access cards, which control access to university-owned, operated, or leased properties (collectively "university property"). University facilities management (UFM), through its lock shop, is responsible for the administration of this policy and for providing keys and building access cards to university faculty, staff and students for all university property. Each regional campus and college of podiatric medicine has independent locksmith services operating with the parameters of this policy. Residence services has in-house locksmith services.

(B) Scope. This policy applies to any individual who has been granted authorized individual access to university property. All key and building access cardholders are responsible for the keys and access cards assigned to the individual. This policy does not apply to access to residence halls as managed by the department of residence services. The residence services lock shop is responsible for managing access control for all key and access cards to residence halls. Access to the Kent student center will be managed by the Kent student center administration. Keys and access cards will be supplied by UFM. Key and access card control at regional campuses and the college of podiatric medicine are managed by the respective dean or delegate. Kent state university museum is responsible for managing access to the museum located in Rockwell hall.

(C) Definitions. The definitions provided in rule 3342-5-12.403 of the Administrative Code shall apply to this policy as appropriate.

(D) Procedure. UFM is responsible for the installation, changing or removal of locks and other forms of access to university property. UFM is responsible for the distribution of all keys and access cards, which shall remain the property of Kent state university. Key and access card control at regional campuses, residence services and the college of podiatric medicine and Kent student center are managed by the respective dean, department head or delegate. Annually, the regional campuses and the college of podiatric medicine shall submit specific key and access control procedures along with a detailed inventory of keys and access cards to the associate vice president of facilities, planning and operations. No person shall knowingly possess an unauthorized key or access card for Kent state university.

(1) Lost key or access card. In the event a key or access card is lost or stolen, UFM shall determine if rekeying of the point of access is required. Such determination will be made in consultation with the affected unit administrator, and any such costs associated with the rekeying shall be charged to the unit. Fees for keys lost or not returned by individuals upon leaving the university are the responsibility of the issuing unit.

(2) Duplicating keys is prohibited.

(3) All building master key and grand master key requests must be approved by the associate vice president for facilities planning and operations.

(4) Temporary access to areas may be granted to vendors only by FPO and police services. FPO is responsible for the development and implementation of the process for granting such access and shall communicate this process directly to affected individual units.

(5) Unauthorized locks are prohibited on doors and if found will be removed and discarded. Any damages or repairs resulting from the removal of unauthorized locks will be the responsibility of the unit responsible for the affected area if found in violation of this policy. Electronic locks installed on exterior door(s) must be connected to the KSU network centrally controlled system. The exceptions are regional campuses and the college of podiatric medicine.

(6) All key and access card requests shall be submitted on the UFM lock shop form.

(7) Keys are issued from UFM to individuals and will remain in the key holder's name until UFM physically receives and processes the keys as returned. Keys and access cards are issued from the kent student center to individuals and will remain in the key holder's name until the kent student center physically receives and processes the keys as returned.

(8) All key holders and access card holders shall report lost or stolen keys immediately within twenty-four hours of discovery to UFM lock shop and department or unit.

(E) Responsibilities.

(1) The unit administrator is responsible for:

(a) The full implementation of this policy within the designated area;

(b) Approving (or delegating authority to building curator to approve) key or access card requests and forwarding such requests for further processing in accordance with this policy;

(c) Approving the completed annual key and card access inventory provided for in paragraph (E)(2)(b) of this rule; and

(d) Maintaining appropriate departmental records subject to an internal review;

(2) The building curator is responsible for:

(a) Reviewing an annual inventory, provided by UFM, for all faculty and staff who have key access to the building. regional campuses, residence services and the college of podiatric medicine shall submit a key inventory to UFM lockshop on an annual basis.

(b) Renewing each semester the access cards issued to students who have continuing need for the access cards;

(c) Building curators shall work with the registrar's office to obtain a course schedule prior to each semester, and issue mechanical keys to the instructor for access to the assigned classroom. Curators shall request changes to staff access cards for access to classrooms by sending a list of changes, attached to a work order, to the UFM lock shop. The curator shall keep an inventory of keys and cards issued to instructors for access to classrooms which shall be submitted to the UFM lock shop for review twice a year.

(3) The individual requesting access is responsible for:

(a) Completing the appropriate request form and securing approvals;

(b) Picking up and signing for keys or cards from UFM lock shop. Only the keyholder and/or access cardholder may sign for the keys or access cards.

(c) Maintaining and securing keys or access cards under their control;

(d) Reporting lost or stolen to UFM immediately within twenty-four hours of discovery to UFM lock shop; and

(e) Paying any replacement fee resulting from loss or failure to return an assigned key.

(F) Violation. Employees in violation of this policy will be referred to human resources for appropriate disciplinary action.

History

  • Effective: May 15, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.501 Operational procedures and regulations regarding use of automobiles owned or leased by the university.

(A) University-owned vehicles assigned to a department shall be used only for official university business

(B) Only university employees are permitted to drive motor vehicles owned or leased by the university. Students are not permitted to drive a university owned vehicle unless specific authorization is granted by the department head.

(C) All persons driving motor vehicles owned or leased by the university must hold a valid driver's license in the state of Ohio or in the state in which the operator resides. Supervisor authorizing the assignment of a motor vehicle shall require verification of a driver's license. Drivers are liable for all violations issued while the vehicles are assigned to them.

(D) The department shall be responsible for any deductible amount, other uninsured expense or damage to the contents of the vehicle.

(E) Eligible employees, as defined in rule 3342-5-12.5 of the Administrative Code shall be authorized to obtain a university leased vehicle by contacting the procurement department and returning a properly authorized vehicle preference and selection form.

(F) University automobiles provided as part of an employee's employment contract may be used for personal use outside the daily commute when the employee makes a contribution toward the cost of the vehicle. The amount of contribution shall be determined by the vice president for administration. Any personal use in excess of an employee's contribution toward these costs will be calculated annually and included as taxable earnings on the employee's W-2 form in accordance with the appropriate laws and regulations.

(G) Employees who have a vehicle provided as part of their compensation package, including but not limited to the president, executive officers, regional campus deans, and other employees as approved by the president, shall be given the option of obtaining a university leased vehicle as described in paragraph (A) of this rule, or receiving a monthly stipend. The monthly stipend amount shall be determined from time to time by the vice president for administration. This amount shall be sufficient to cover the business usage portion of acquiring a personally owned vehicle and related costs. In addition, employee's receiving a stipend will be eligible for reimbursement of business miles traveled at standard IRS mileage rates.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.901 Operational procedure regarding the use of skateboards, rollerblades, bicycles, and similar conveyances on campus.

(A) Purpose. Those commuting within Kent state university, in order to provide a safer environment for inner-campus commuting, are required to abide by the following.

(B) Scope of authority. Facility curators and other university officials have authority to enforce this rule within campus buildings.

(C) Prohibitions.

(1) No person shall operate a skateboard, rollerblades or a bicycle on a sidewalk or walkway that duly interferes with pedestrian traffic; caution is to be exercised at all times and the right of way yielded to pedestrians.

(2) No person shall operate a skateboard, rollerblade, bicycle or motorized vehicle on any artificial or specially prepared surface including but not limited to tennis courts, running tracks and basketball courts.

(D) Bicycle operations.

(1) Bicycle operators are expected to adhere to all posted warning, caution, or speed limit signs.

(2) In the absence of posted speed limits, bicycle operators are expected to act in a responsible manner and in respect of local conditions.

(3) Bicycles are to be secured only to the racks provided; bicycles may not be secured to trees, light poles, posts, handrails, or buildings.

(4) In residence halls, bicycles may be kept in authorized storage areas; and in student rooms with the approval of all occupants of the room.

(E) Student center plaza. Through traffic is permitted for bicycles and rollerblades in the student center plaza. Skateboards are not permitted on the plaza.

(F) Motorized vehicles.

(1) Only university authorized motorized vehicles, other than wheelchairs, may be operated on sidewalks.

(2) Mopeds or other gas powered conveyances may not be brought into residence halls.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-13 University policy regarding voluntary gift support, including naming opportunities.

(A) Policy statement. The president of the university shall be responsible to provide overall leadership for voluntary gift support and other philanthropic and development initiatives at Kent state university. Furthermore, the president, or designee, shall be responsible for the oversight of all fundraising campaigns as well as all other duties and responsibilities related to the naming of facilities and endowments as provided for in this rule.

(B) Definition. For the purposes of this policy, "facilities" means any university property owned by the university including but not limited to buildings, structures, roads, and other similar features and structures of a permanent natures (including but not limited to water features, fountains, statues, and clock towers).

(C) Implementation. The board delegates to the president of the university the right to establish the minimum levels of support required for all naming opportunities. The president may delegate this authority to the vice president for philanthropy and alumni engagement, but reserves final approval over any revisions to such minimum levels of support.

(1) Naming of facilities. At all times and in accordance with paragraph (G)(2) of rule 3342-2-02 of the Administrative Code, the board of trustees reserves the right of final approval for the naming of any facilities at Kent state university. To this effect, all potential donors will be informed that the naming honor is subject to review and/or approval by the board of trustees as provided for herein.

(a) The final approval of the board of trustees is required prior to the execution of any honorific (non-donative) related naming agreements for facilities.

(b) Consistent with paragraph (C)(1) of this rule, the final approval of the board of trustees is required prior to the execution of any philanthropic (donative) related naming agreements for facilities. Notwithstanding the foregoing, the board of trustees delegates to the president of the university the authority to approve such philanthropic naming opportunities with a total value/cost under one hundred thousand dollars.

In the event of an approval by the president as provided for in paragraph (C)(1)(b) of this rule, the president shall notify the board of trustees of such naming opportunity no later than the next board meeting after the final written agreement is executed.

(c) All agreements under this policy must be in writing and approved as provided for in this rule prior to any transaction in furtherance of the gift. Without such approval, no written agreement or transaction shall be considered final by either the university or donor.

(2) Naming of endowments.

(a) The president reserves the right for the final approval for the naming of any endowments at Kent state university. Minimum levels of support are required before an endowment is fully funded and can be allocated under the donor's or designee's name. Funds may be established with a one-time gift or predetermined payment plan (with such plan not to exceed five years unless otherwise approved by the vice president for philanthropy and alumni engagement..

(b) All agreements under this rule must be in writing and shall be approved by the president prior to any transaction in furtherance of the gift. No written agreement as provided for in paragraph (C)(2)(a) of this rule shall be considered final by either the university or donor until such agreement is signed by the president.

(3) Naming of academic administrative structures. The board of trustees reserves the right of final approval for the naming of any academic administrative structures created or existing in accordance with rule 3345-2-03.1 of the Administrative Code, including but not limited to: colleges, schools, departments, centers and institutes.

(4) Other naming opportunities. The president reserves the right for the final approval for naming opportunities associated with administrative, faculty, student and programmatic support as provided for in rule 3342-5-13.2 of the Administrative Code.

All agreements under this rule must be in writing and shall be approved by the president prior to any transaction in furtherance of the gift. No written agreement as provided for in paragraph (C)(3) of this rule shall be considered final by either the university or donor until such agreement is signed by the president.

(D) Powers reserved. The board of trustees further reserves the right to make final determinations in situations where the university must reexamine a facility that is currently named as a result of a previous philanthropic gift. Such situations include but are not limit to decisions whether to eliminate certain naming options, to remove a donor's name from a facility when gift intent cannot be fulfilled, or in other circumstances at the board's sole discretion where removal of said name is deemed to be in the university's best interests and is not otherwise specifically prohibited by the donor agreement. The president reserves a similar right with regard to named endowments.

(E) Responsibility. The vice president for philanthropy and alumni engagement shall be responsible for the development, implementation, and administration of all university gifts for naming of university facilities and endowments and may adopt such rules and regulations as may be necessary to carry out this responsibility, as delegated by the president.

Last updated February 23, 2022 at 8:24 AM

History

  • Effective: February 23, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-02

(A) Purpose. These bylaws, including additions or amendments, outline the major policies prescriptive to the board.

(B) Ohio board of regents. Except as expressly provided in Chapter 3333. of the Revised Code, establishing the Ohio board of regents, nothing in such chapter shall be construed to deprive the board of the duties and powers conferred upon it by the law in the government of the university.

(C) Statement on equal opportunity. The board is dedicated to and will provide for equal education and employment opportunities at the university. Further, the full and equal integration of all, regardless of race, religion, national origin, sex, age, or disability, is a principle to which this university is committed.

(D) Legal advisor. The attorney general of the state of Ohio shall be the legal advisor of the board and shall institute and prosecute all suits in its behalf.

(E) Major position vacancies. When the position of an administrative officer, dean, department chairman, or director of a major instructional area becomes vacant, and it is determined that the position shall be continued, a replacement will be selected through established procedures within one year from the first day of vacancy. Failing this selection, the board will name a replacement, following a required recommendation from the president. Such designation by the board will be made no later than its second meeting after completion of the year of vacancy.

(F) Fixing salaries. The selection, classification and wage scales of all personnel not otherwise under contract to the board shall follow the provisions of Chapter 124. of the Revised Code insofar as these provisions apply to the university procedures.

(G) University facilities.

(1) Construction and maintenance. All proposals submitted by the president for the construction of new buildings, the remodeling of older structures and the purchase of new properties shall be reviewed by and be subject to the approval of the board.

(2) Designation of name. University buildings, other structures of a permanent nature, roads and other specific areas which are to be known by particular designation shall be named by the board.

(3) Public use. The use of university facilities shall be governed by such rules and regulations as may be promulgated by the board.

(H) Degrees and certificates.

(1) Degrees and certificates shall be awarded by the board upon recommendation of the university faculties transmitted to the board by the president. All diplomas issued to those receiving degrees from the university shall bear the names of the chairman, the dean of the appropriate college, and the president.

(2) On the recommendation of the faculty, the board may confer such honorary and academic degrees as are customarily conferred by colleges and universities in the United States.

(I) Emeritus status for trustees. A member of the board who has served in that capacity at least two years, and who has performed beyond the regular call of duty, will on termination of his or her membership become an emeritus trustee with all the rights and privileges pertaining thereto.

(J) Gifts. The board, for and in behalf of the university, may accept gifts of money, real and personal property and shall administer same according to law.

(K) Amendments to bylaws. These bylaws may be altered, amended or repealed at any meeting of the board pursuant to the procedures as set forth in the constitution for the consideration of business and section 111.15 of the Revised Code.

Last updated December 16, 2025 at 8:24 AM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-13.2

(A) Policy statement. The following amounts are established by the president as the minimum levels support for the naming opportunities established in rule 3342-5-13.1 of the Administrative Code.

(1) Minimum levels for facilities:

(a) New facilities: Thirty-three to fifty-one per cent of the cost of construction depending on source of total funds plus a ten per cent maintenance endowment.

(b) Renovations: Thirty-three to fifty-one per cent of the renovation cost depending on source of total funds, plus ten per cent maintenance endowment.

(c) Components of a structure (i.e. classroom technology, equipment): one hundred fifty per cent of actual square-footage cost.

(d) Courtyards, gardens, and other landscaping: one hundred fifty per cent of actual square-footage cost.

(e) Current facilities not under renovation can be named in honor of an individual with an appropriate gift as determined by the board committee.

(2) Minimum levels of faculty support:

(a) Distinguished endowed chair: $2,500,000.

(b) Endowed research chair: $1,500,000.

(c) Endowed chair: $1,000,000.

(d) Endowed professorship: $500,000.

(e) Endowed visiting professorship: $500,000.

(f) Endowed faculty fellowship: $250,000.

(3) Minimum levels of administrative support:

(a) Presidential endowed chair in educational leadership (for the sitting president of Kent state. Only one available): $5,000,000.

(b) Endowed deanship: $2,000,000.

(c) Endowed directorship of athletics: $3,000,000.

(d) Endowed head coaching (football, baseball, basketball): $1,000,000.

(e) Endowed head coaching (all other sports or position coaches): $500,000.

(4) Minimum levels of student support:

(a) Undergraduate endowed scholarship: $25,000 (depending upon the scholarship level).

(b) Founder's medallion scholarship: $100,000.

(c) Graduate endowed fellowship: $100,000.

(5) Minimum levels for other program support.

(a) Program funds: $100,000.

(b) Centers and institutes: $1,000,000.

(c) Schools and departments: $3,000,000. (depending upon size and stature of the college and circumstances of the gift).

(d) Colleges: $10,000,000 to $50,000,000 (depending upon size and stature of the college and circumstances of the gift).

Last updated February 9, 2022 at 1:41 PM

History

  • Effective: April 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-13.1 Administrative policy regarding naming opportunities.

(A) Policy statement. Kent state university may name facilities and academic programs in order to recognize donors who make gifts that significantly advance the university's ability to carry out its instruction, research and public-service missions.

(B) Scope. This policy applies to all naming opportunities involving facilities and endowments meeting the minimum levels of support throughout the eight-campus system of Kent state university as provided for in rule 3342-5-13 of the Administrative Code.

(C) Definition. For the purposes of this policy, "facilities" means any university property owned by the university including but not limited to buildings, structures, roads, and other similar features.

(D) Types of gifts for named facilities and endowments.

(1) Naming of facilities. Opportunities for naming facilities includes, but is not limited to, new construction, renovations, and space designations. At all times, the university retains the discretion to rename buildings, renovated areas, and spaces when renovation or replacement is required while continuing to acknowledge the donor's original gift in an appropriate way. The university reserves the right to discontinue or eliminate a naming on a facility or space after its useful life at the sole determination of the board. A time limit may be placed on a naming opportunity if the donation is not endowed or permanently established.

(2) Endowed chair. This designation of a named "chair" is available to gifts seeking to provide a permanently funded opportunity for truly outstanding scholars according to rigorous, nationally accepted standards and is the highest honor Kent state university may award to a faculty member. The reputations of individuals recruited as chairs will reflect their special understanding of their particular field of study and their nurturing of the leading scholars of the future. Chairs at Kent state university, as at other prestigious universities, will constitute that small cadre of exceptionally-gifted professors whose names evoke immediate acknowledgement and respect in academic circles. This award typically supplements existing budgeted salaries, but is also available to support the teaching and research activities (including but not limited to the purchase of university equipment) of the individual selected to occupy the endowed chair.

The gift may further be designated as follows: distinguished endowed chair, endowed research chair, and endowed chair.

(3) Endowed professorship. This designation is available to gifts seeking to provide for the designation of a named "professorship" to those positions held by exceptionally-gifted scholars. Professorships are typically held by those faculty members whose accomplishments indicate great potential. Their efforts are focused on honing their teaching skills and carving out areas of research performance. This award typically supplements existing budgeted salaries and may be awarded at the professor, associate professor or assistant professor levels with qualifications for each endowment to be determined on a case-by-case basis.

(4) Endowed administrator. This designation is available to gifts seeking to provide for a designation related to an administrative position at Kent state university. This award typically supplements existing budgeted salaries, but may also be used to fund university-wide initiatives in further of the university's strategic plan and/or mission.

(5) Undergraduate endowed scholarship, founder's medallion scholarship, or graduate endowed fellowship. These three funds will be used to endow significant fellowships and scholarships at Kent state university. Fellowships are reserved for graduate students, and scholarships are generally given to undergraduate students.

(6) Library endowments.

(a) Library endowment fund. Income from the principal will provide unrestricted support to the annual operation of the Kent state university libraries. This endowment is very valuable because of the critical nature of the library as it serves a technical and research-oriented university.

(b) Unrestricted scholarship or other endowment. Named unrestricted scholarship endowments rank as top priority in establishing scholarship endowments at Kent due to the flexibility they present. These scholarships can be used to recruit and retain the brightest and most capable students without any restrictions.

(c) Library media endowment. This endowment will be used to place new media, which may include things such as but not limited to books, magazines, periodicals, electronic media or subscriptions in honor or memory of those who have elected to endow a library book fund in the Kent state university libraries.

(7) Other such gifts as may be approved by the board upon recommendation of the president. From time to time, a donor may present a naming opportunity or endowment that may not be specifically provided for or described under this rule (including but not limited to programs, centers and institutes, schools and departments, and colleges).

To ensure that the university and its donors may engage in such opportunities and as to not impede or limit the university's options under this rule, the board may approve other such gifts as may be contemplated for naming facilities or endowments upon recommendation of the president.

(E) Procedures.

(1) Review of publicly available information. In order to protect the reputation and best interests of the university, the vice president for institutional advancement shall conduct a reasonable review of publicly available information on donors prior to submitting the naming resolution to the board of trustees.

(2) Gift opportunities under this policy shall be presented by the vice president of institutional advancement to the president, and the president shall provided approval of such opportunity, prior to any presentation to the board of trustees for approval as may be required by the Administrative Code.

(3) Any written agreements in which Kent state university is a contracting party under this rule shall be reviewed and executed pursuant to rules 3342-5-04 and 3342-5-04.1 of the Administrative Code.

Last updated February 9, 2022 at 1:41 PM

History

  • Effective: April 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-13.3 Administrative policy regarding voluntary gift support.

(A) Purpose. In order to minimize duplication of effort, improve coordination of programs and increase the active participation of faculty, staff and students in the identification, cultivation and solicitation of contributions for the support of university programs, all fund-raising activities shall be coordinated by the vice president for institutional advancement.

(B) Implementation.

(1) Assistance and consultation. The division of institutional advancement is available to assist in the coordination of all fund-raising plans across Kent state university and its eight-campus system. The vice president for institutional advancement and/or designee should be consulted before any effort to enlist voluntary financial support is launched.

(2) The Kent state university foundation is a separate entity engaged by the university to receive, record, acknowledge, deposit and invest, and disburse all funds received as gifts. All such gifts must be made payable to the Kent state university foundation and designated as restricted or unrestricted for use by the university. The Kent state university foundation ("foundation") is also designed by the university to receive, record, acknowledge, maintain, reassign, convert or dispose of all "gift-in-kind" of property, materials, equipment, books and artifacts donated in the name of the Kent state university foundation for use by or in support of the university.

Contributions and gifts. Gifts of any kind that are made payable specifically to Kent state university (and not "Kent state university foundation") cannot be reassigned to the foundation. Contributions that are inadvertently or otherwise made payable to "Kent state university" or one of its organizational units must be deposited with the treasurer of the university, who will receive, record, acknowledge, deposit, invest, and disburse these tax-deductible contributions according to the wishes of the donors, and subject to all appropriate federal and state statutes.

Last updated February 9, 2022 at 1:41 PM

History

  • Effective: April 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-14 University policy regarding emergency management plan.

(A) Purpose.

(1) Preparedness to cope with the effects of a disaster includes many diverse but interrelated elements, which must be woven into an integrated emergency management system involving all departments of the university, other public and support agencies, plus the individual citizen.

(2) The emergency management plan is a statement of policy and procedures regarding emergency management and assigns tasks and responsibilities to university officials specifying, and in some cases, redefining their roles during emergency or disaster situations.

(B) Proclamation of a university emergency.

(1) The president is ultimately responsible for initiating a response to the threat to lives and property in an emergency or disaster situation; therefore, the president or designee is authorized by the Kent state university emergency proclamation.

(2) The proclamation of a university emergency is a statement that the president of the university or designee has invoked those portions of the Revised Code which are applicable to the emergency situation. In addition, the president has put into full force and effect at Kent state university, the exercise of all necessary emergency authority for responding to the threat to lives and property on the campuses and the restoration of normal university operations with minimal interruption.

(3) With the issuance of a Kent state university emergency proclamation, all officers and employees of Kent state university are hereby directed to exercise the utmost diligence in the discharge of duties required of them for the duration of the emergency, and the execution of emergency laws, regulations, and directives -- state and local.

(4) All members of the university community including students, faculty, staff, and visitors are called upon and directed to comply with necessary emergency measures, to cooperate with university officials, other public officials, and disaster services operatives in executing emergency operational plans and to obey and comply with the lawful directions of properly identified officers.

Last updated April 9, 2021 at 8:38 AM

History

  • Effective: April 9, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-14.1 Administrative policy on campus emergencies, safety and security and related technologies.

(A) Policy statement. The purpose of the policy is to prepare the university to effectively plan for, respond to, and recover from a major emergency and to delegate the coordination of emergency management and public safety initiatives on all university campuses and locations through the director of public safety.

(B) Authority. This policy is promulgated pursuant to the authority granted to the board of trustees in sections 3341.04, 3345.21 and 3345.26 of the Revised Code, as amended, and as directed by the board in paragraph (B)(1) of rule 3342-5-14 of the Administrative Code.

(C) Definitions.

(1) Emergency. An emergency is an event or condition that presents an imminent risk of death, serious injury, or illness to the university community, suspension or signfiicant disruption of university operations, significant physical or environmental damage, or significantly threatens the university's financial well-being.

(2) Public safety initiative. A public safety initiative is any action or act related to the protection, safety, and security of employees, students and the general public.

(3) Emergency management plan. The emergency management plan is the university's strategy to prepare for, mitigate, respond to, and recover from actual or potential emergencies.

(4) Emergency response plan. Emergency response plans are the internal, facility or department plans that prescribes the changes in functional responsibilities and operations of a facility or department during an emergency.

(D) Implementation.

(1) The senior vice president for finance and administration, through delegation from the president, directs the director of public safety to develop, maintain, and review the emergency management plan encompassing all university campuses and locations. The plan shall include, at a minimum, provisions for the following:

(a) The common goal to maximize human safety and survival, minimize danger, preserve and protect property and critical infrastructure, provide for responsible communication with the university community and the public during and after an emergency, and restore normal activities;

(b) The utilization of university resources and processes to prevent or otherwise mitigate potential emergencies;

(c) The establishment of an emergency response team at each campus responsible for assisting with emergency planning and response;

(d) Collaboration with local emergency management partners;

(e) An effective means of public emergency notification at the campus level;

(f) Facility and department-level emergency response plans; and

(g) Adoption of the national incident management system.

(2) The director of public safety is responsible for all public safety initiatives related to safety, security and emergency management, including creating, revising, and assisting in the implementation of policy and procedures, standards of associated technologies, and employment descriptions for public safety personnel, at all university campuses and locations.

(3) University personnel at each campus and location will cooperate with the director of public safety in creating, revising and implementing emergency plans and public safety initiatives. This includes, but is not limited to, cooperation in complying with all state and federal laws and regulations related to safety and security.

History

  • Effective: June 3, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-14.2 Administrative policy regarding epidemic, pandemic, and community health requirements.

(A) Purpose. This policy is intended to provide Kent state university with the ability to take certain community health measures to respond to a public health emergency related to a transmittable disease, epidemic, and/or pandemic that may affect the health and safety of persons associated with Kent state university.

(B) Scope. This policy applies to all faculty, staff, students and student organizations while conducting any activities on or off campus ("community members") and to visitors of Kent state university while present at any university location.

(C) Implementation.

(1) Authority to establish health requirements. The president, in consultation with the university chief physician ('UCP'), shall hold the authority to establish specific health requirements for community members and/or visitors appropriate to community health risks as recommended by the United States department of health and human services centers for disease control and prevention ('CDC') or the Ohio department of health. All community members of any campus of Kent state university shall be required to comply with all specific health requirements promulgated under this policy as may be prescribed by the president pursuant to an identified community health risk. The president will communicate via electronic mail to community members all specific health requirements promulgated under this policy. All specific health requirements will also be posted on the Kent state university website to provide notice to visitors of the specific health requirements that are applicable to their visit.

(2) Modifications or rescission of specific health requirements. The president shall hold the authority to modify or rescind any previously established specific health requirements for community members and/or visitors. The president or the UCP will communicate any modifications or rescissions of all specific health requirements promulgated under this policy via electronic mail to Kent state university faculty, staff, and students. Modifications and rescissions will also be posted on the Kent state university website to provide notice to visitors of the specific health requirements that are applicable to their visit.

(3) Public health orders. In the event that the Ohio department of health or other authorities with jurisdiction under Ohio law issue orders, directives or other mandatory guidance (for example, public health orders signed by the director of the Ohio department of health) that imposes restrictions upon or mandates certain actions by members of the university community and/or visitors that are similar to the matters addressed or promulgated by this policy, it is the intention of this policy that the more stringent restriction or requirement apply. To the extent that there is a conflict between a public health order and any provision of this policy, the public health order will control.

(D) Actions. Each person within the Kent state university community shall be required to comply with this policy and all specific health requirements promulgated under this policy. Failure of community members to comply with this policy and established requirements may result in disciplinary action under the code of student conduct or the employee disciplinary process, as may be applicable. Visitors found in noncompliance with this policy may be prohibited from remaining on or returning to campus.

(E) Exemptions. All requests for exemptions from this policy must be in writing and provided to the appropriate office as provided herein.

(1) Medical exemption from the temporary health requirement may be granted upon submission to university health services of a licensed physician's statement that the community member has a valid contraindication to the health requirement.

(2) Religious exemption from the health requirement may be granted if a student aged eighteen or older (or parent/guardian if student is under eighteen years of age), submits a signed religious exemption form to university health services.

Last updated July 1, 2021 at 10:08 AM

History

  • Effective: July 1, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-15 University policy regarding records retention.

(A) The board of trustees hereby authorizes the development of a program for the administering of the records of Kent state university pursuant to sections 149.33, 149.35, 149.43, and 149.351 of the Revised Code.

(1) The program created hereunder shall apply efficient and economical management methods to the creation, utilization, maintenance, retention, preservation, responses to public records requests, and disposition of the records of the university.

(2) Such records shall be maintained in accordance with the provisions of section 9.01 of the Revised Code. Any record maintained in a physical form can also be maintained in electronic form in accordance with division (I) of sections 1306.20 and 1306.11 of the Revised Code, except in such instances as a physical form may be required by state or federal regulations as applicable to the university and its operations.

(B) The board hereby delegates the authority and responsibility for establishing the program and approving retention periods for records to the office of general counsel. The program established shall be guided by the records retention for public colleges and universities in the Ohio manual developed by the inter-university council of Ohio.

Any revisions to the retention period shall not be effective until July first of each year.

(C) Responsibility for adhering to the policies and procedures regarding records shall reside with the head of the respective unit where the records are maintained.

(D) The office of general counsel shall provide for an orderly process through which records that have reached the applicable retention period may be discarded.

Before any such records are discarded, the record holder must complete the "record destruction form," which then must be reviewed and approved by:

(1) The university archivist, who shall review the records for historical significance; and

(2) The office of general counsel.

History

  • Effective: October 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-15.1 Administrative policy regarding public records.

(A) Purpose. It is the policy of Kent state university that openness leads to a better informed citizenry, which leads to better government and better public policy. It is the policy of Kent state university to adhere to the Ohio public records act.

(B) Definitions.

(1) Record. For the purposes of this policy, a record includes any document, device, or item, regardless of physical form or characteristic, including an electronic record; that is created or received by, or coming under the jurisdiction of the university; and documents the organization, functions, policies, decisions, procedures, operations, or other activities of the university.

(2) Public record. A "record" as defined in this paragraph that is kept by the university, subject to applicable exemptions from disclosure under Ohio or federal law. All public records shall be organized and maintained in such a way that they can be made available for inspection and copying.

(C) Implementation.

(1) Handling requests. All requests for Kent state university public records shall be directed to the office of general counsel ("OGC"). No specific language is required to make a request for public records. However, the requester must at least identify the records requested with sufficient clarity to allow OGC to identify, retrieve, and review the records.

(a) The requester does not have to put a records request in writing, and does not have to provide their identity or the intended use of the requested public record(s). It is OGC general policy that this information is not to be requested. However, OGC may ask for a written request, the requester's identity, and/or the intended use of the information requested, if a written request or disclosure of identity or intended use would benefit the requester by enhancing the OGC's ability to identify, locate, or deliver the public records that have been requested; and the requester is first told that a written request is not required and that the requester may decline to reveal the requester's identity or intended use.

(b) In processing the request, the university does not have an obligation to create new records or perform a search or research for information in the university's records. An electronic record is deemed to exist so long as a computer is already programmed to produce the record through the university's standard use of sorting, filtering, or querying features.

(c) In processing a request for inspection of a public record, an OGC employee may accompany the requester during inspection to make certain original records are not taken or altered.

(2) Response timeframe. Public records are available for inspection promptly during regular business hours. Copies of public records shall be made available within a reasonable period of time.

(a) "Prompt" and "reasonable" take into account the volume of records requested, the proximity of the location where the records are stored, the necessity for any legal review and redaction, and other facts and circumstances of the records requested.

(b) It is the goal of OGC that all requests for public records should be acknowledged in writing or, if feasible, satisfied within three business days following OGC's receipt of the request.

(3) Electronic records. Records in the form of e-mail, text messaging, and instant messaging, including those sent and received via a hand-held communications device, are to be treated in the same fashion as records in other formats, such as paper or audiotape. Public record content transmitted to or from private accounts or personal devices is subject to disclosure. All employees or representatives of the university are required to retain their e-mail records and other electronic records in accordance with applicable records retention schedules.

(4) Denial and redaction of records. If the requester makes an ambiguous or overly broad request or has difficulty in making a request such that OGC cannot reasonably identify what public records are being requested, the request may be denied, but OGC will then provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained and accessed by OGC.

(a) If OGC withholds, redacts, or otherwise denies requested records, it will provide an explanation, including legal authority, for the denial(s). If the initial request was made in writing, the explanation will also be in writing. If portions of a record are public and portions are exempt, the exempt portions may be redacted and the rest will be released.

(b) When making public records available for public inspection or copying, OGC shall notify the requester of any redaction or make the redaction plainly visible.

(5) Copying and mailing costs. Those seeking public records may be charged only the actual cost of making copies, not labor. The charge for paper copies is ten cents per page. The charge for electronic files downloaded to a compact disc, USB flash drive, or other portable storage device is the actual cost of the device. A requester may be required to pay in advance for the actual costs involved in providing the copy.

(a) The requester may choose whether to have the record duplicated upon paper, upon the same medium on which the public record is kept, or upon any other medium on which OGC determines that the record can reasonably be duplicated as an integral part of the office's normal operations.

(b) If a requester asks that documents be delivered to them, the requester may be charged the actual cost of the postage and mailing supplies, or other actual costs of delivery. There is no charge for e-mailed documents.

(D) Managing records. Kent state university records are subject to retention schedules pursuant to rule 3342-5-15 of the Administrative Code. The university's current schedules are available on the OGC website, a location readily available to the public as required by division (B)(2) of section 149.43 of the Revised Code.

History

  • Effective: September 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-16.3 Administrative policy regarding training on response to racial, religious, and ethnic hate incidents or incidents of harassment.

(A) Purpose. The university shall provide training for all institution administration, faculty, and staff which shall include information on how to respond to racial, religious, and ethnic hate incidents or incidents of harassment that occur during a class or event held at the institution at the time the incident occurs.

(B) Requirements. The requirements for this training shall align with the requirements of section 3320.05 of the Revised Code.

(C) Implementation. The university will provide training consistent with this policy by academic year 2026-2027. This training may be provided online.

Last updated August 19, 2025 at 9:32 AM

History

  • Effective: October 30, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-17 University policy regarding study abroad and other international travel.

(A) Policy statement. In accordance with the educational mission of Kent state university, students are encouraged to enhance their academic pursuits through university-operated and/or university-approved study abroad programs and opportunities. Study abroad opportunities are coordinated through the office of global education and administered according to this policy.

(B) Eligibility. This policy applies to all study abroad and international programs and opportunities operated by or approved by the university in accordance with this policy. This policy does not address study abroad programs offered by any third-party not engaged in a formal agreement with the university, as such programs are not within the purview of the university's knowledge and/or control.

(C) Definitions.

(1) Study abroad program. Any course or program enrolled in by a student in which the student travels to an international location for educational purposes as part of the course or program.

(2) University-operated. Any course or program, regardless of duration, established by a university office, department or faculty member, in which international travel is a core curriculum requirement.

(3) University-approved. Any course or program registered with, and officially approved and recognized by the university through the office of global education.

(4) Third-party program. Any program administered by an entity, university or company not operated or controlled by Kent state university.

(D) Implementation.

(1) The office of global education is the coordinating office for all university-operated and university-approved study abroad programs.

(2) All programs operated by faculty and/or staff must be approved by the university and registered with the office of global education.

(3) All university-operated and university-approved study abroad programs must be reviewed for compliance with accepted university/industry standards related to health, safety, security, risk management, legal standards, ethical practices, and responsibility to students. The office of global education in cooperation with the organizing faculty and/or staff members will conduct these reviews.

(4) All programs must be registered with the office of global education no less than one academic semester before the program participants are scheduled to depart for the international location.

(5) The office of global education will provide reasonable services to assist in study abroad initiatives including, but not limited to, facilitating necessary insurance coverage for student, staff and faculty participants; and monitoring of government and international sources for the latest information affecting the safety and security of regions where study abroad activities are conducted. The office of global education will also facilitate all general communication and liaison duties between Kent state university in the United States and all foreign centers and affiliated foreign universities.

(E) Procedures.

(1) Program registration. All university-operated and university-approved study abroad programs must submit a formal registration packet as provided by the office of global education. This registration ensures that the program meets the minimum operation and administrative requirements for Kent state university study abroad programs, while also ensuring that the proper security and health considerations have taken place on behalf of the students, staff and faculty members who may participate.

There is no timeline for completing the registration materials; however, such materials must be turned in no later than one semester prior to the departing date for participants in the study abroad program.

(2) Program approval. The department, school, or college initiating the study abroad course or program is responsible for oversight of its academic content. Once the registration packet is returned to the office of global education, the staff will review the materials and, based upon the information provided, make a recommendation to the associate provost for global education. The associate provost shall issue one of the following decisions:

(a) Program approved. The program is approved and ready for implementation.

(b) Program approval pending; further information requested. The program meets several minimum requirements, but the office of global education has requested further information necessary to determine remaining compliance issues. This program is not ready for implementation at this time.

(c) Program denied; resubmission recommended. The program substantially fails to meet the minimum requirements as established by the university and must be resubmitted at a later time. This program is not ready for implementation at this time.

(3) Program safety and security. The office of global education is responsible for monitoring local, national, and international alerts and warnings regarding the regions in which university-operated and/or university-approved study abroad programs are operating.

(a) Student, staff, and faculty participants will be notified prior to departure of any issues, alerts, or warnings which may affect their destination. If the program has already departed, the university will use reasonable measures to communicate any necessary and relevant travel alerts or warnings to program participants.

(b) Severe security and safety concerns may result in the suspension of the study abroad program and withdrawal of all participants from the region or amendment of the program curriculum, with assistance provided by the office of global education and other departments as necessary.

(c) Students, staff, or faculty who express the intent to remain in regions that the university has determined to be dangerous must sign an additional security release form, recognizing such voluntary intent to remain in the region against the university's advice and releasing the university from any additional liability or return arrangements. This release will be kept on file in the office of global education.

(d) Students must attend a pre-departure orientation session offered by the office of global education.

(4) For faculty-led study abroad programs, final approval of a program requires the faculty member's completion of the study abroad course leadership training offered by the office of global education.

(5) Affiliated and exchange programs in regions of social, political, or military unrest (also known as disputed territories; dangerous or unstable conditions that pose imminent risks to students, faculty and staff). From time to time, the university may engage in approved affiliation and/or exchange relationships with foreign universities in regions subject to travel warnings and alerts by the United States department of state. Such programs are subject to a higher level of scrutiny during registration and, upon approval, require further protections and notifications prior to departure.

(a) Additional notification. Each student who registers in the program must receive, within a reasonable amount of time, a letter notifying the student of any travel alerts or warnings on file with the United States department of state at the time of registration. Such letter will also provide the student with information regarding how to monitor the travel alerts or warnings.

(b) Additional release. Upon determination that the student has registered for a program in a region subject to paragraph (E)(5) of this rule, the student must also complete and submit an additional release form attesting:

(i) The student received the additional notification;

(ii) The student understands the inherent and present dangers in the region where the study abroad program will operate;

(iii) The student is aware of the opportunity available to de-register from the course according to the regular university course deadlines; and

(iv) The student releases the university from any liabilities, injuries and damages not associated with the program's academic responsibilities (i.e. actions caused by a third party).

(6) Emergency management, evacuation, and other international crises.

(a) The office of global education is responsible for developing a general emergency management plan for university-operated and university-approved study abroad programs, in coordination with the appropriate university offices.

(b) The office of global education is further responsible for developing specific emergency management plans for Kent state university centers abroad. These plans must be made and updated in accordance with rule 3342-5-14 of the Administrative Code.

(c) The university's emergency management actions, evacuations, and reaction to other international crises will be coordinated by the risk management office with collaboration of the office of global education and other units as appropriate in accordance with rule 3342-5-14 of the Administrative Code. The office will ensure that each program is provided with a twenty-four-hour contact at the university who will be available in case of an emergency.

(d) Before a program start day or while a program is underway, all decision for the program, including cancellations and handling emergencies, should be coordinated with the office of global education.

(7) Unapproved programs. Students participating in programs that are not operated and/or approved by the university, or programs that do not have a formal relationship with the university in accordance with this policy, participate in such programs without the approval of the university. The office of global education does not provide support services for or make any attestations as to the quality of unapproved study abroad programs.

(a) A student's participation in an unauthorized program may result in financial aid issues and/or difficulty with current credit transfer policies.

(b) A student interested in participating in an unapproved study abroad program should contact his/her academic advisor, and consult with the office of global education.

(8) Faculty and staff traveling abroad on university business.

(a) A faculty or staff member who is scheduled to travel outside of the United States on university business must receive prior approval from his/her supervisor before committing to reservations for which the faculty or staff member will later seek university reimbursement.

(b) A faculty or staff member who is scheduled to travel outside of the United States on university business must receive prior approval from his/her supervisor if such travel is for the purpose of leading or participating in a study abroad program involving students.

(c) Prior to departure for international travel, all faculty and staff must notify the enterprise risk management department to obtain the university's international insurance coverage. Failure to do so may result in the faculty or staff member being ineligible for coverage under the university insurance plan for the duration of international travel.

History

  • Effective: January 12, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-18 University policy regarding establishing relationships with universities and educational institutions abroad.

(A) Policy statement. As the university continues to expand its relationships with educational institutions both in the United States and abroad, it is important to formalize such agreements in order to ensure uniformity across multi-department endeavors. Therefore, it is required that all new or renewal agreements with universities outside of the United States and/or institutions of higher education in foreign countries are reviewed and approved according to the terms set forth in this policy.

(B) Scope. This policy applies to all university personnel and to all agreements with universities abroad and/or institutions of higher education, whether existing at the time of enactment or in the future.

(1) The activities covered under the scope of this policy include, but are not limited to:

(a) The exchange of students from each institution for traditional student exchange programs;

(b) The exchange of academic personnel for teaching, research, or both;

(c) The hosting of visiting faculty from the other institution;

(C) Definitions.

(1) Memorandum of agreement. "Memorandum of Agreement" or "MOA" refers to the preferred contractual structure for all agreements between Kent state university and a foreign university or institution of higher education.

(2) Contracting authority. Contracting authority refers to the university position delegated the authority to contract with a foreign university or institution of higher education.

(D) Implementation.

(1) No Kent state university faculty member or official of any division, department, or program may engage in an agreement with, or commit university resources to, a foreign university and/or institute of higher education except in accordance with this policy.

(2) Contracting authority. Only the president and the provost of the university have the authority to engage in relationships with universities abroad and/or institutions of higher education on behalf of Kent state university. Faculty members may not engage in a formal relationship with a foreign entity unless in accordance with this agreement.

(3) Noncompliance. Any agreement executed between a faculty member, official of any division, department, or program, and a foreign university and/or institution of higher education that is not in compliance with the terms and procedures required by this policy will be immediately rescinded. Such agreement may then be renegotiated, when possible, in accordance with this policy.

(4) Supervision. The office of global education is responsible for the oversight of the administration of this policy and those agreements within its scope.

(5) Sponsored programs exception. It is not the intent of this policy to interfere with any projects, programs, or grants administered by the sponsored programs office. Any conflict in the administration of this policy and operations of the sponsored programs office may be resolved internally, and the terms of this policy waived upon approval by the provost of the university.

(6) Tuition benefits. No agreement or MOA engaged in under this policy may provide for in-state tuition benefits for students from foreign institutions unless the provisions of the Ohio Revised Code have been met.

(7) Prohibitions. Kent state university will not engage in an agreement with a foreign university or institution of higher education in a country designated as a terrorist country by the U.S. department of state.

(E) Procedures.

(1) Initial notice. Once a faculty member or official identifies a need to engage in a formal agreement with a foreign university and/or institution of higher education, the faculty member or official must notify the office of global education. Upon notification, the office of global education will determine whether Kent state university already has a formal agreement in place with the foreign university.

If a formal agreement already exists, the faculty member or official may amend the previous agreement, but such amendment must be in accordance with this policy.

(2) Drafting. If no formal agreement exists, the faculty member or official may begin working with the office of global education to draft the MOA. Faculty members and/or officials must use the university-approved structure to draft all MOAs with universities abroad and/or institutions of higher education. An application form is available through the office of global education.

If the formal agreement originates from a foreign university, the faculty member or official must contact the office of global education for assistance to ensure that all required terms and conditions are included in the agreement.

(3) Required terms. The faculty member or official may negotiate the initial terms and conditions of the MOA and begin working with the office of global education to draft the MOA. The following required terms and conditions must be addressed in each MOA:

(a) Each MOA shall include the full name and address of each institution;

(b) Each MOA shall not include any specific names of individuals (except in the signature line). Responsibilities must be designated by institutional position;

(c) Each MOA shall include a specific term with duration of not more than five years. Prior to the end of the term of the agreement, a faculty member or official may request permission to extend such agreement for an additional term. Such request will be considered and the agreement may only be extended upon specific written approval by the contracting authority;

(d) In addition to the draft provided by the office of global education, and the language required by the office of general counsel, each MOA shall address the following specific terms as applicable:

(i) The specific scope of the engagement (student exchange, faculty exchange, research, etc.);

(ii) Any additional financial terms not provided in the draft agreement (additional initial program fees, scholarship support, etc.);

(iii) Any additional academic requirements that supplement or revise current university standards (admission, TOEFL, etc.) for the purposes of the agreement;

(e) Programmatic terms. The MOA is intended to provide an agreement between the parties defining the basic terms through which the programs under the agreement will operate. The specific terms of each program must be in writing and agreed to by both parties before the starting date of the program. These specific terms must be documented in an amendment to the MOA. The amendment is subject to the same review process as called for in this policy.

(4) Review by the office of the general counsel. Once complete, the draft must be reviewed by the office of the general counsel for compliance and legal sufficiency. If the office suggests revisions to the agreement, such document will be returned to the originating faculty member or official for further amendment. After all amendments/revisions have been made, the document must be forwarded to the department chair or school director for approval.

(5) Dean approval. If approved by the department chair or school director, the agreement must be submitted to the dean of the appropriate college for approval.

(6) Office of global education approval. If approved by the dean, the document will then be forwarded to the office of global education for review, approval, and final submission to the provost.

(7) Upon the approval of the provost and/or president, the agreement can be executed.

(8) Upon execution, the originating department is responsible for the implementation and compliance responsibilities associated with the agreement.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-19 University policy regarding on-campus activities involving minors.

(A) Policy statement. It is the policy of Kent state university that these measures and procedures are implemented for the protection of minors participating in programs that occur on its campuses and programs under the control or direction of the university personnel. The purpose of this policy is to describe the requirements placed on university personnel and other authorized adults working with minors to ensure their protection and to fulfill the university's obligations as mandated by law and to provide for the best possible experience for any minor visiting our campuses for a covered program.

(B) Definitions.

(1) Minors. For the purposes of this policy, a "minor" is a person under the age of eighteen who is participating in programs that occur on Kent state university campuses and programs under the control or direction of the university personnel but is not enrolled or accepted for enrollment in credit-bearing courses at the university.

(2) Authorized adult. For the purposes of this policy, an "authorized adult" means any individual, paid or unpaid, who interacts with, supervises, chaperones, accompanies or otherwise oversees minors at Kent state university sponsored programs, affiliated activities, camps and/or residential facilities. This includes but is not limited to faculty, staff, volunteers, graduate and undergraduate students, interns, employees of temporary employment agencies and independent contractors and consultants.

(3) Parent(s) and/or legal guardian(s). Although a parent and/or legal guardian may supervise their own minor children and their guest who are minors while visiting the campus or using campus facilities, a parent and/or legal guardian may not act as an authorized adult in a program (including one in which his or her minor participates) unless they are in compliance with the requirements outlined under this policy.

(4) Program administrator. For the purposes of this policy, a "program administrator" is a university individual or contractor approved and designated by the appropriate authority designated to coordinate, plan, implement and or commit the use of university facilities for the program.

(5) Covered program. For the purposes of this policy, a "covered program" is any university-sponsored day camp, overnight camp, university recruiting camp or any other university-sponsored program or activity that serves or includes minors taking place on campus or university sponsored activities taking place off campus.

For the purposes of this policy, a covered program does not include a program where the university is acting as host to a third-party, herein referred to as a "university-hosted" program. Furthermore, a covered program does not include programs otherwise open or available to the public at large such as campus tours, athletic contests, community events, etc.

(6) Endangerment. For the purposes of this policy, "endangerment" is the act of creating a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support.

(7) Sexual conduct. For the purposes of this policy, "sexual conduct" will refer to any definition or term provided for in section 2907.01 of the Revised Code.

(8) Sexual contact. For the purposes of this policy, "sexual contact" will refer to any definition or term provided for in section 2907.01 of the Revised Code.

(9) Sexual activity. For the purposes of this policy, "sexual activity" will refer to any definition or term provided for in section 2907.01 of the Revised Code.

(10) One on one. For the purposes of this policy, "one on one" shall mean the personal, unsupervised interaction between any authorized adult who is not a licensed medical practitioner providing professional services with a participant without at least one other authorized adult, parent and/or legal guardian being present.

(C) Scope.

(1) This policy applies to members of Kent state university faculty, staff, student employees, volunteers, and others engaged in a covered program.

(2) This policy does not apply to the child development center, which is a program independently operated by the university and whose continuous operation is subject to federal and state compliance and accreditation standards.

(D) Prohibited activity.

Authorized adults shall not:

(1) Have one on one contact with minors, where possible. If one on one contact is needed, there must be one other authorized adult within view of the authorized adult and minor, unless an exception is approved by the program administrator with such exception documented in writing;

(2) Engage in one on one communication with minors including but not limited to email, text messages, social networking, websites, internet chat rooms, or other forms of social media at any time except and unless there is a clear educational or university-related purpose;

(3) Engage in abusive conduct of any kind toward, or in the presence of a minor;

(4) Strike, hit, administer corporal punishment to, or touch in an inappropriate or illegal manner any minor;

(5) Pick up minors or drop off minors from their homes, other than the driver's child or children, or in instances when the driver has direct parental consent to transport the child of a neighbor or friend;

(6) Engage in the use of alcohol or illegal drugs or be under the influence of alcohol or illegal drugs during such programs or activities;

(7) Make pornography in any form available to minors or assist minors in any way to gaining access to pornography; or

(8) Engage in any other action or activity deemed by the university through other rules, regulations, or guidance to be prohibited.

(E) Implementation.

(1) All programs for minors or with minors in attendance must, at a minimum, have the following procedures in place or be in compliance with the standards set forth prior to the commencement of the covered program:

(a) Staffing. The program administrator shall be responsible for overseeing the selection of staffing for all covered programs. The program administrator shall assign a university employee who is at least twenty-one years of age to be accessible to participants at all times. Other staffing assignments for the covered program should be made to ensure one-on-one contact between authorized adults and minors does not occur and that appropriate levels of supervision are implemented at all times.

(b) Background check.

(i) Each authorized adult who is a university faculty, staff or student employee must complete a BCI (bureau of criminal investigation) background check or otherwise have a background check on file completed within four years preceding the commencement of the program. Out of state employees must complete a FBI background check within the last two years preceding the commencement of the program.

All university faculty, staff or student employees who have a break in service with the university for any period of time must have a new BCI background check upon rehire. An FBI check must be completed if the person lived out of state during the break in service.

(ii) Each authorized adult who is a volunteer or non-university participant must complete a BCI (bureau of criminal investigation) background check or otherwise have a background check on file completed within two years preceding the commencement of the program. Out of state employees must have a completed FBI background check within the last two years preceding the commencement of the program.

(iii) All persons working with minors must be checked against the national sex offender registry.

(iv) All persons must self-disclose felony or misdemeanor convictions that occur after hire within three days of pleading guilty or being convicted.

(v) All persons who have failed a BCI background check or have pending charges for a sex-related offense or crime against a minor, or who appear on the national sex offender registry shall not be permitted to take part in any Kent state university program pertaining to minors or involving minors in any capacity.

(c) Training. All authorized adults who will be working with minors shall complete annual mandatory training prior to the commencement of the program. Such training shall include, but is not limited to, the following topics:

(i) The requirements of this policy;

(ii) Basic warning signs of abuse or neglect or minors;

(iii) Guidelines for protecting minors from emotional and physical abuse and neglect;

(iv) Inappropriate behavior with minors;

(v) Ohio reporting requirements and procedures; and

(vi) Other appropriate topics as determined by the program administrator.

(d) Ratio. At all times, each program eligible under this policy shall meet or exceed the following ratios for authorized adults to participating minors:

(i) For overnight covered programs:

(a) One staff member for every five campers ages four and five;

(b) One staff member for every six campers ages six to eight;

(c) One staff member for every eight campers ages nine to fourteen;

(d) One staff member for every ten campers ages fifteen to seventeen.

(ii) For day covered programs:

(a) One staff member for every six campers ages four and five;

(b) One staff member for every eight campers ages six to eight;

(c) One staff member for every ten campers ages nine to fourteen;

(d) One staff member for every tweleve campers ages fifteen to seventeen.

(e) Required documentation.

(i) In all covered programs, the parent and/or guardian of the minor shall execute all relevant forms and releases as may be required by the particular program prior to eligibility for participation. Failure by the parent and/or guardian or participating minor to execute all required forms shall immediately render the minor ineligible for participation.

(ii) All authorized adults participating in the covered program must complete all requirement materials and agreements prior to commencement of the program. Failure to complete all forms shall immediately render the authorized adult ineligible for participation.

(f) Communication and notification procedures.

The program administrator shall establish appropriate procedures for the notification of the minor's parent or legal guardian in case of an emergency, including medical or behavioral problem, natural disaster, or other significant programmatic disruption. Authorized adults with the program, as well as participants and their parents and legal guardians must be advised of this procedure in writing prior to the participation of the minors in the program.

(2) Unsupervised minors prohibited. Minors participating in a covered program or university-hosted programs are not permitted to be unescorted or unsupervised while on university property, and must be supervised at all times by a responsible adult directly involved with such program.

(3) Program registration.

The program administrator must:

(a) Register the covered program with the office of risk management and compliance no later than sixty days prior to the first scheduled date of the participation of minors in any activity, program or classes or as soon as the program leader or sponsoring unit is aware that minors may be in attendance. Failure to properly register a covered program may result in the delay or cancellation of the program by the university.

(b) Register the name of all authorized adults working directly with minors and review and verify all background checks provided for under this policy.

(c) Organize training opportunities for each authorized adults to familiarize the adults with the provision of this policy. No person shall be approved without signature stating agreement and understanding of the measures and procedures of this policy and all other Kent state university policies that might apply.

(4) Final authority. At all times, the program administrator or other authorized university authority may bar any authorized adult, participant, or other attendee from its premises for reasons including but not limited to misconduct or endangerment.

(5) Retention of records. All records collected during the administration of each program (including, but not limited to, application forms, background checks, releases, medical forms) shall be kept in accordance with established university record retention schedules. The department or office under which the program administrator serves shares equal responsibility with the program administrator for the retention of records.

(6) Reporting.

(a) If the program administrator or any other authorized adult or participants knows or has reasonable cause to know that a minor has suffered or faces the threat of sexual contact, sexual conduct or sexual activity or endangerment, the individual must immediately report such knowledge to:

(i) The Kent state university police department

(ii) The city of Kent police department;

(iii) The Portage county sheriff's department; or

(iv) Any other local or state public services agency.

(b) Reports can be made anonymously.

(c) Any individual who is suspected or alleged to have engaged in abuse under this policy shall be immediately suspended from participation with the covered program without exception.

(F) Violations.

(1) All persons who violate this policy will be held accountable for their actions as follows:

(a) Students will be subject to the code of student conduct as found in rules 3342-4-02, 3342-4-02.1, and 3342-4-02.101 of this Administrative Code.

(b) Faculty, staff and student employees are subject to disciplinary action up to and including termination, and in accordance with applicable disciplinary processes.

(c) Volunteers are subject to loss of volunteer status.

(2) Any individual found in violation of this policy may also be subject to inquiry or investigation by local, state or federal authorities.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.101

(A) Definitions.

(1) Accusation formal allegation of specific conduct violation(s).

(2) Adjudication the process by which the university conducts disciplinary meetings, hearings, or other actions, bringing matters to resolution.

(3) Administrative conversation - informal discussion with the director of student conduct (or designee) that is educational and informative in nature, and shall not result in binding decisions. An administrative conversation is considered a reasonable request.

(4) Administrative hearing - a student conduct process involving one Kent state university hearing officer. An accused student(s), an accused student organization(s), and complainant(s), a witness(es), and investigator(s), and conduct advisor(s), and support person(s) may participate for the puprose of rendering a determination of responsibility and sanctioning (if applicable); see rule 3342-4-02.1 of the Administrative Code.

(5) Appeal the method by which due process and/or a decision can be challenged; all appeals must be submitted in writing to the office of student conduct, and may only be considered if it is in accordance with the code of student conduct procedures.

(6) Complaint written or electronic statement or report provided from any person to the office of student conduct; not all complaints result in incident reports or adjudication through the student conduct process.

(7) Complainant a person, persons, unit/office, or student organization who submits a report alleging that a student or student organization violated university rules, regulations, or policies.

(8) Code of student conduct document that contains and explains university rules, regulations, policies, and procedures for addressing student and student organization behavior.

(9) Conduct advisor any person who advises a student or student organization regarding university policies or procedures. A student may have one person serving as a conduct advisor. A conduct advisor may participate in the questioning part of a hearing. If an accommodation is required for a rspondent or complainant, a person such as an interpreter, sign language communicator, or physcial needs assistant may attend a hearing and will not be counted as a conduct adviser.

(10) Conflict of interest

  • bias for or against any party in the student conduct process.

(11) Consent - an action defined as the voluntary, unambiguous and uncoerced agreement to participate in an act, the nature and full extent of which is understood by all parties. Silence or lack of resistance cannot be the sole factor in determining consent. Consent may be given verbally or nonverbally. All parties are responsible for confirming that their counterpart's consent is maintained throughout the act and is present before engaging in a new act. A person may be incapable of giving consent due to physical incapacitation, physical or mental disability, threat, coercion, the influence of drugs, or age.

(a) Coercion - when an individual unreasonably pressures another to engage in sexual activity, despite responses that the conduct is unwelcome or unwanted. Coercion includes elements of pressure, duress, cajoling, and compulsion. The pressure to participate may also be considered unreasonable when the pressuring individual is in a position of influence or authority over the other individual.

(b) Incapacitation - a state where a person lacks the capacity to reasonably appreciate the nature or extent of the situation because of their physical or mental status, developmental disability, or alcohol or drug use.

(12) Deliberation private meeting by a student conduct hearing officer/panel/administrative hearing officer to render a determination of responsibility and sanctioning (if applicable). A student conduct convener may be present during deliberation.

(13) Director of student conduct - staff member assigned with overseeing the office of student conduct. At regional campuses, this may be referred to by a different title, such as "student conduct coordinator."

(14) Disciplinary probation sanction specifying a period of time during which a student or student organization who has been found responsible for any violation may be subject to immediate disciplinary suspension and/or dismissal in the event of a subsequent violation.

(15) Disciplinary suspension sanction of involuntary separation of a student or student organization from the university for a specific period of time (a student may be assigned persona non grata status effective the date of suspension).

(16) Disciplinary dismissal sanction of involuntary separation of a student or loss of university-recognized student organization status from the university indefinitely (a student may be assigned persona non grata status effective the date of dismissal).

(17) Disciplinary record the record of a student conduct process and its findings; all disciplinary records are considered educational records based on the Family Educational Rights and Privacy Act (FERPA).

(18) Hearing officer any Kent state university faculty, staff, or student who has been appointed to a student conduct decision-making role by the director of student conduct and has been trained through the office of student conduct.

(19) Hearing panel a student conduct process involving at least two and no more than three Kent state university faculty, staff, or student hearing officer, and a student conduct convener. An accused student(s), an accused student organization(s), and complainant (s), a witness(es), and investigator(s) and conduct advisors, and support person(s) may participate for the purpose of rendering a determination of responsibility and sanctioning (if applicable); see rule 3342-4-02.1 of the Administrative Code.

(20) Incident report a complaint or information that is reviewed by the office of student conduct and may be adjudicated through the student conduct process.

(21) Interim action an immediate action determined by the senior vice president for student life (or designee) that may limit a student's or student organization's specific privileges, including but not limited to no contact order(s), restriction from specific facilities or locations, cease and desist mandates, participation in student organization business or activities, suspension of student status, or loss of university-recognized student organization status, etc.; see rule 3342-4-02.1 of the Administrative Code.

(22) Police/investigator University police services, other police agency representative, or non-police investigator (including office of compliance / Title IX representative) who may provide information resulting from an investigation.

(23) No contact order states that a student or student organization may have no direct or indirect contact with another person, student organization, or student organization member (including by another person on behalf of the person to whom the order was issued); prohibited contact includes but is not limited to making a contact by way of personal (verbal or non-verbal), physical, phone, and/or electronic means including social media.

(24) Persona non grata a student, student organization, or visitor who has been deemed detrimental to the university community and thus is not permitted to be present on Kent state university property or any or specified university locations.

(25) Preponderance of the evidence the standard in determining if a student or student organization is responsible for a violation; the complainant must show that it is "more likely than not" that the alleged behavior occurred and was in violation of university rules, regulations, or policies.

(26) Recognized student organization a group of students who go through the process outlined in rule 3342-4-11.201 of the Administrative Code and is registered (officially or as an interest group) referred to in the code of student conduct as "student organization."

(27) Report of finding written decision that explains the outcome of a student conduct hearing, or other action.

(28) Respondent a student or student organization that has been accused, informally or through an incident report, of violating university rules, regulations, or policies.

(29) Retaliation. A retaliatory action is any materially adverse action taken against a person because they participated in the process for reporting against a person because they participated in the process for reporting or in an investigation regarding complaints of prohibited conduct accusations. A materially adverse action is one that might deter a reasonable person from participating in the process. It may include, but is not limited to, termination, discipline, and harassment, but does not include petty slights, minor annoyances, or trivial punishment.

(30) Sanction requirements set forth upon a finding or individual / organizational acceptance of responsibility for a violation of university rules, regulations or policies through the student conduct process.

(31) Sanction hearing a student conduct process involving an accused student(s) and a hearing officer (and student conduct convener), where the accused student(s) has, prior to this hearing, accepted responsibility for accusations, and the hearing officer renders a sanctioning decision; see paragraph (C)(4)(a) of rule 3342-4-02.1 of the Administrative Code.

(32) Student any person who has applied to or enrolled at the university in any of its courses, programs, campuses, or offerings, including, but not limited to, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit; see rule 3342-1-01 of the Administrative Code.

(33) Student conduct convener director of student conduct (or designee) responsible for logistics and procedures associated with the student conduct process; the student conduct convener may simultaneously serve as a hearing officer.

(34) Student conduct process inclusive of all processes for students or student organizations from the time an incident report is referred to student conduct for adjudication through the conclusion of the appeal process in accordance with university policy and this code of student conduct.

(35) Support person - a student may have one person serving as a support person. A support person is an individual selected by either a compainant or respondent to provide support to the student through the conduct process. A support person may not participate in questioning. If an accommodation is required for a respondent or complainant, a person such as an interpreter, sign language communicator, or physical needs assistant may attend a hearing and will nt be countd as a support person.

(36) University - Kent state university as established in Chapter 3341. of the Revised Code.

(37) Warning - Sanction stipulating that inappropriate behavior, if repeated, may lead to a more severe sanction.

(38) Witness any person who has direct information regarding an alleged incident; and/or a professional with demonstrated experience (such as a licensed health care professional) in a field directly related to an element relevant to the hearing.

(B) Prohibited conduct. Students and student organizations are expected to abide by federal, state, and local laws and ordinances, as well as to adhere to all university rules and regulations contained in the university policy register. Any student or student organization found to have committed or to have attempted to commit the specified forms of misconduct is subject to sanctioning outlined in paragraph (C) of this rule. Prohibited student conduct accusations are assigned by a complainant(s) or the director of student conduct (or designee) and should include the specific of prohibited conduct the respondent is accused of violating. Adjustments to assigned prohibited conduct may be made prior to a hearing by the director of student conduct (or designee), with notice to the respondent and complainant as appropriate, in accordance with paragraph (C)(5) of rule 3342-4-02.1 of the Administrative Code. Violations include but are not limited to the following.

(1) Alcohol.

(a) Use or possession of alcoholic beverages except as expressly permitted by law, university rules, regulations, or policies.

(b) Distribution of alcoholic beverages except as expressly permitted by law and university rules, regulations, or policies.

(c) Public intoxication - being unable to care for one's own well-being or having a disruptive impact on the community due to the influence of alcohol.

(d) Violation of residence hall policies pertaining to alcohol listed in the hallways handbook.

(2) Animals. Possession or accompaniment of animals in any university building at any time. Exceptions include service animals, assistance animals, authorized laboratory animals, allowable pets within specific residence services guidelines, and any other applicable university rules, regulations, and policies.

(3) Complicity. Presence during any violation of university rules, regulations, or policies in such a way as to aid, abet, or conspire in the (attempted or carried out) violation.

(4) Computer/information technology misuse. Not in accordance with rule 3342-9-01 of the Administrative Code, including but not limited to:

(a) Use of computing facilities, computing equipment, software or networks to harass or defame any other person, create or knowingly propagate a virus, hacking, password cracking, unauthorized viewing of others files, willful modification of hardware and software installations, unauthorized monitoring, spamming, private commercial purposes, improper web publishing, or breach of electronic information security.

(b) Violation of the Digital Millennium Copyright Act of 1998.

(5) Controlled substances. Use, possession, sale or distribution of narcotics, controlled substances, and/or related paraphernalia except as expressly permitted by law, university rules or regulations.

(6) Destruction/misuse of property.

(a) Destroying, defacing, tampering with, materially altering or otherwise damaging property not one's own. This includes but is not limited to doors, windows, elevators, swipe card mechanisms, restroom equipment, vending machines, university vehicles, computer equipment, classroom equipment, etc.

(b) Creating a condition that endangers or threatens property not one's own.

(7) Discrimination. Action based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and military or veteran status that limits the group or individual's ability to participate in the university's educational and employment opportunities. See rule 3342-5-16.1 of the Administrative Code.

(8) Disorderly conduct. Actions that are disorderly, lewd, or indecent; and/or breach of peace; and/or aiding, abetting, and/or procuring another person to breach the peace or obstruct teaching, research, administration, or university activities or functions.

(9) Fire safety.

(a) Tampering with, or misuse of, fire alarms and/or firefighting equipment, including but not limited to: fire extinguishers, fire hoses, heat and smoke detectors, sprinkler systems, or other safety devices.

(b) Possession of flammable items, including but not limited to: candles, incense, or other items which maintain a purpose of being used in a flammable way.

(c) Arson. Causing a fire or explosion, or unauthorized use of any potential incendiary device / equipment.

(d) Violation of the residence hall policies pertaining to fire safety listed in the hallways handbook.

(10) Gambling. Gaming or betting for money or other possessions on university property or in any university operated or managed facility in violation of university rules, regulations, and policies. except as expressly permitted by law.

(11) Gender based discrimination. All persons are protected from unlawful discrimination.

(a) Pregnancy. Unlawful gender discrimination includes, discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.

(b) Gender identity. Regardless of an individual's actual or perceived sexual orientation, discrimination and harassment based on a person's gender identity, or non-conformity to stereotypes associated with a particular gender, is prohibited. This includes discrimination based on an individual's transgender identity.

(12) General safety. Failure to conform to university safety regulations, including, but not limited to, health/safety regulations issued by the president (or designee), residence halls policies outlined in the hallways handbook and campus laboratory guidelines.

(13) Harassment.

(a) Threatening or intimidating a person creating a rational fear within that person.

(b) Engaging in unwanted conduct or repeatedly committing acts directed at another person that would disrupt the educational process.

(c) Creating a condition that endangers or threatens the health, safety or welfare of another person.

(d) Physically restraining or detaining another person, or removing any person from any place where the individual is authorized to remain.

(14) Hazing. Doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in section 3719.011 of the Revised Code. This applies to any act, intended or carried out, whether or not the act is voluntarily agreed upon; see rule 3342-4-07 of the Administrative Code.

(15) Impaired driving. Operating a motor vehicle while under the influence of controlled substances and/or alcohol.

(16) Misrepresentation. Knowingly distorting or altering the truth when providing information to an official(s) carrying out assigned duties and responsibilities, including but not limited to: falsification of admissions application, possessing false identification, or falsification of documents provided to university faculty or staff.

(17) Physical violence. Punching, slapping, kicking, or otherwise striking any person(s); and/or other conduct which threatens or endangers the health, safety, and/or welfare of any person.

(18) Reasonable request. Failure to comply with a reasonable request of an official(s) carrying out assigned duties and responsibilities, including but not limited to a person instructing a class, a librarian or designee in a library, a police officer, or a residence services staff member.

(19) Recording privacy. Using electronic or other means to make an audio, video, or photographic record of any person in a location where there is a reasonable expectation of privacy, without the person's prior knowledge and written consent. The storing, sharing, and/or distributing of such unauthorized records by any means are prohibited. This includes but is not limited to: taking video or photographic images in showers/locker rooms, residence hall rooms, and restrooms.

(20) Residence hall policies. Failure to comply with residence hall policies outlined in the hallways handbook, including but not limited to guest/escort, room capacity, quiet/courtesy hours, misuse of university keys, facilities policies, improper room change.

(21) Sexual harassment. Conduct of the basis of sex that satisfied one or more of the following: unwelcome conduct determied by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university' education program or activity.

(a) Sexual assault, which includes the following:

(i) Rape (except statutory rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(ii) Sodomy. Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(iii) Sexual assault with an object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(iv) Fondling. The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent becuase of their age or because of their temporary or permanent mental or physical incapacity.

(b) Dating violence. Violence committeed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

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

(d) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

(22) Smoking and tobacco use. Failure to comply with smoking and tobacco prohibitions in accordance with rule 3342-5-21 of the Administrative Code.

(23) Student conduct process. Non-compliance with or misuse of the student conduct process, including but not limited to:

(a) Falsification, distortion, or misrepresentation of information before a student conduct hearing officer, hearing panel, or convener.

(b) Disruption or interference with the orderly procedures of a student conduct hearing.

(c) Attempting to discourage an individual's or student organization's proper participation in, or use of, the student conduct process.

(d) Attempting to influence the impartiality of, or to intimidate, participants in the student conduct process prior to, and/or during the course of, a student conduct proceeding.

(e) Retaliation against any individual who participates in a complaint of a violation described in this policy.

(f) Failure to comply with the sanctions(s) imposed under the code of student conduct.

(24) Theft. Using, taking, and/or possessing property or services that are knowingly not one's own (or owned by a student organization) and/or without permission of the owner.

(25) Trespassing/unauthorized entry. Knowingly entering or remaining in a building, office, residence hall room or any other properties at any time without appropriate permission or authorization.

(26) University grounds.

(a) Use of university space and grounds by an organization or person without reservation of the space or proper authorization.

(b) Operation or use of scooters, bicycles, skateboards, rollerblades, or other recreational items in any university building or facility; on any artificial or specially prepared surface including but not limited to tennis courts, running tracks and basketball courts; on a sidewalk, walkway, steps, or a stairway that duly interferes with pedestrian traffic and/or demonstrates a lack of necessary caution regarding pedestrian right-of-way; in a reckless or unsafe manner on university grounds.

(27) University rules. Violation of university rules, regulations, or policies.

(28) Weapons.

(a) Possession, storage, or use of firearms, explosives, other weapons, or dangerous chemicals on or in any Kent state university property, facility, or event; unless authorized by an appropriate university official or permitted by a university policy. This includes but is not limited to ammunition, brass knuckles, fireworks, airsoft guns, bb guns, paintball guns, pellet guns, pistols, rifles, shotguns, taser/stun guns, nun chucks, swords, etc. Any object not mentioned in this rule that is used to intimidate, threaten or harm may be considered a weapon.

(b) Possession, storage, or use of firearms, explosives, other weapons, or dangerous chemicals off campus that are prohibited by law.

(C) Sanctions. Sanctions are designed to be educational, restorative, and preventative. Sanctions may include but are not limited to:

(1) Alcohol, drug, and/or other education course;

(2) Community service;

(3) Counseling referral;

(4) Disciplinary dismissal;

(5) Disciplinary probation;

(6) Disciplinary suspension;

(7) Educational workshop;

(8) Letter of apology / reflection paper;

(9) No contact order;

(10) Persona non grata (PNG) status (campus access restriction);

(11) Residence hall restriction and/or room/hall changes;

(12) Revocation of student organization recognition;

(13) Restitution for damages;

(14) Warning; and/or

(15) Other as deemed appropriate.

Last updated August 1, 2024 at 7:37 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-20 University policy regarding privacy for protected health information.

(A) Purpose. This policy address the general requirements of the university under the Health Insurance Portability and Accountability Act, as amended, for the confidentiality, integrity, and accountability of all protected health information created, received, maintained, or transmitted by the institution and associated operations.

(B) Definitions.

(1) "HIPAA." "HIPAA" is the "Health Insurance Portability and Accountability Act of 1996" and the "Administrative Simplification" regulations found in title 45 of the Code of Federal Regulations. Where appropriate and applicable, the term also encompasses requirements under the "Privacy Rule" and under the "Security Rule" and all amendments thereto.

(2) Protected health information. Protected health information is individually identifiable health information as defined and protected under "HIPAA."

(C) Hybrid entity. The university has determined that it is a "hybrid entity" as defined in 45 C.F.R. 164.504(a) because its business activities involve both covered and non-covered functions under "HIPAA."

(D) Implementation.

(1) Designation of privacy officer.

(a) The president shall designate a privacy officer who shall coordinate the university's compliance with "HIPAA," including, but not limited to, gathering information sought by a requestor, providing for the inspection of such information by the requestor, furnishing copies to the requestor and receiving complaints.

(i) In order for the university to comply fully with "HIPAA," the university privacy officer shall have full authority to gather such information as is necessary to comply with the request.

(ii) The university privacy officer shall have the authority to appoint an individual or individuals to assist with "HIPAA" compliance obligations.

(b) All university employees shall cooperate fully with the university privacy officer in "HIPAA" compliance efforts, including but not limited to, providing the records requested, allowing for proper inspection and copying of the records, and conducting inspections and audits as necessary to conform with the requirements of the law.

(c) The university privacy officer shall designate those academic and administrative health care units covered by "HIPAA" as part of the covered health care component of the university. The university privacy officer shall maintain a list of all units covered by "HIPAA" and of all other units included within the covered health care component of the university, which serve as business associates within the university covered health care component for "HIPAA" purposes.

(d) The university privacy officer shall have the authority to review all privacy, confidentiality and security standards and procedures created by academic and administrative departments that are part of the covered health care component of the university and to direct changes to such standards and procedures as necessary.

(2) Designation of security officer. The university shall designate a security officer with overall responsibility for the development and implementation of security policies that conform to the HIPAA security rule.

(3) Unit requirements.

Academic and administrative departments determined by the university privacy officer to be part of the covered health care component of the university shall:

(a) Develop "HIPAA Policies and Procedures" that are unit specific standards and procedures to protect the privacy, confidentiality, and security of protected health information that comply with "HIPAA" and with this policy, which may be amended from time to time.

(b) Train all unit employees who have access to records protected by "HIPAA" on the "HIPAA" requirements, the university policies and procedures for release, privacy and security of selected health information, and the unit standard and procedures for privacy, confidentiality, and security of records protected by HIPAA. Such training must be conducted as the university privacy officer deems necessary, within a reasonable period of time after a new individual joins one of the covered health care components, and annually for all affected employees.

(c) Distribute a notice of privacy practices as necessary under "HIPAA." The notice of privacy practices must contain all "HIPAA" required elements and be approved by the university privacy official prior to being distributed.

(d) Document compliance efforts as required by "HIPAA."

(e) Comply with all federal, state, and local laws and regulations related to the privacy, confidentiality, and security of protected health information.

(4) Business associates. Units within the covered health care component of the university may share protected health information with third parties, referred to as business associates, who provide the units within the covered component with services that use or involve health information. These units shall only share such information with business associates pursuant to a business associate agreement approved by the office of general counsel.

University employees should use care when asked to enter into business associate agreements with third parties involving the receipt or disclosure of health information from an outside party. The university may only execute a business associate agreement for the receipt of heath information pursuant to an approved business associated agreement.

(5) University employees. University employees in "HIPAA" covered components shall:

(a) Limit uses and disclosures of all health information to the minimum necessary to complete the assigned task.

(b) Upon discovery, report all incidents of misuse of improper disclosure of protected health information to the university privacy officer.

(E) Retaliation. The university shall not tolerate nor engage in retaliation against any employee who reports an incident of misuse or improper disclosure of protected health information to the university privacy officialer or to the secretary of the department of health and human services.

(F) Discipline.

(1) Any employees who uses or discloses protected health information contrary to this policy shall be subject to discipline under the applicable disciplinary policies or collective bargaining agreement.

(2) Covered components shall document any sanctions imposed for violations of this rule of the Administrative Code, or unit standards and procedures, as required by "HIPAA."

History

  • Effective: June 17, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-21 University policy regarding smoking and tobacco use at Kent state university.

(A) Kent state university is dedicated to providing a healthy, comfortable and productive work and living environment for its employees and students. To this effect, smoking and tobacco use is prohibited on all Kent state university campuses and university property. This policy is not meant to replace or prevent adherence by the university community to the smoking prohibition requirements in Chapter 3794. of the Revised Code.

(B) Definition.

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

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

(C) Scope. All members of the university community are subject to this policy including employees, students, visitors, volunteers, patients, and customers. This policy applies to all university owned, operated, or leased property (collectively "university property"). Smoking or tobacco use in personal vehicles on university property will not be allowed.

(D) Implementation.

(1) The success of creating and maintaining a smoke-free and tobacco-free environment will depend upon the thoughtfulness, consideration and cooperation of the entire university community. All employees and students share in the responsibility for adhering to and enforcing this policy. Problems should be brought to the attention of the appropriate administrator, or in accordance with reporting guidelines provided by the Ohio department of health.

(2) The university will not advertise smoking or tobacco products on university property or at any university-sponsored event or university owned or sponsored media.

(E) Exceptions.

(1) FDA approved nicotine replacement therapy will be allowed (e.g., patches, gum, inhalers, and lozenges).

(2) Smoking or tobacco use may be permitted for controlled research, educational, clinical, or religious ceremonial purposes with prior approval of the appropriate administrator.

(F) Signage. Signage shall be placed appropriately on entrances and exits from buildings and structures on university property, including parking areas, and on university owned or leased vehicles.

(G) Enforcement.

(1) The success of this rule relies on the thoughtfulness, consideration, and cooperation of smokers and nonsmokers alike. Any student who repeatedly refuses to abide by this rule may be referred to student conduct. Repeat violations by any faculty or staff member shall be handled through normal employment procedures for violation of university rules and procedures.

(2) Visitors, contractors, and other individuals on campus who are in violation of this rule should be immediately reminded of and directed to comply with this rule. Continued violation of this rule may result in further action as deemed necessary by the appropriate administrator.

History

  • Effective: July 1, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-22 University policy regarding deadly weapons.

(A) Policy statement. Pursuant to the statutory authority of the board of trustees to regulate the use of university property and the conduct of the students, staff, faculty, and visitors to the campus so that law and order are maintained, it is the policy of the university to prohibit the possession, storage, or use of a deadly weapon in certain circumstances on university property, unless otherwise permitted by state law.

(B) Definitions.

(1) "Deadly weapon" means any instrument, device, or thing as defined in section 2923.11 of the Revised Code including but not limited to a firearm, explosive device, or other dangerous ordinance.

(2) "University property" means all university owned, operated, or leased property including but not limited to grounds, buildings, facilities, and vehicles.

(C) Prohibition.

(1) The possession, storage, or use of a deadly weapon by students, staff, faculty, third parties doing business with the university, and visitors is prohibited inside any university building, facility, or vehicle, that is owned, operated or leased by the university.

(2) Students, staff, faculty, and third parties doing business with the university are further prohibited from possessing, storing, or using a deadly weapon while outside on university grounds, that is owned, operated or leased by the university.

(D) Enforcement.

(1) The Kent state university department of public safety is solely responsible for the oversight and implementation of this policy on university property. All requests for deviation or exceptions of this policy must be approved by the director of public safety or designee.

(2) Violations of this policy are subject to immediate corrective action in accordance with university policies and other applicable state law.

History

  • Effective: November 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-24 University policy regarding Kent state university's compliance with Senate Bill 1 of the 136th General Assembly of the State of Ohio.

(A) Policy statement. In accordance with the law commonly referred to as "Senate Bill 1" as passed by the 136th Ohio General Assembly, and as signed by Governor Michael DeWine, and as further codified in section 3345.0217 of the Revised Code, Kent state university adopts this policy.

(B) It is the policy of Kent state university to prohibit all of the following:

(1) Any orientation or training course regarding diversity, equity, and inclusion, unless the institution submits a written request for an exception to the chancellor of higher education because the institution determines the orientation or training course is exempt from that prohibition because all aspects of the orientation or course are required to do any of the following:

(a) Comply with state and federal laws or regulations;

(b) Comply with state or federal professional licensure requirements;

(c) Obtain or retain accreditation.

The exception request shall include an explanation of the circumstances and the effort made by the institution to comply with paragraph (B)(1) of this rule.

(2) The continuation of existing diversity, equity, and inclusion offices or departments;

(3) Establishing new diversity, equity, and inclusion offices or departments;

(4) Using diversity, equity, and inclusion in job descriptions;

(5) Contracting with consultants or third-parties whose role is or would be to promote admissions, hiring, or promotion on the basis of race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression;

(6) The establishment of any new institutional scholarships that use diversity, equity, and inclusion in any manner. For any institutional scholarships existing on the effective date of this section, a state institution shall, to the extent possible, eliminate diversity, equity, and inclusion requirements. If the state institution is unable to do so because of donor requirements, the institution may continue to offer those institutional scholarships. However, the state institution shall not accept any additional funds for the operation of institutional scholarships that have diversity, equity, and inclusion requirements.

(7) The replacement of any orientation, training, office, or position designated for the purpose of diversity, equity, and inclusion that is prohibited under this division with an orientation, training, office, or position under a different designation that serves the same or similar purposes, or that uses the same or similar means.

(C) Kent state university hereby affirms and declares the following:

(1) That its primary function is to practice, or support the practice, discovery, improvement, transmission, and dissemination of knowledge and citizenship education by means of research, teaching, discussion, and debate;

(2) That, to fulfill the function described in paragraph (C)(1) of this rule, the state institution shall ensure the fullest degree of intellectual diversity;

(3) That faculty and staff shall allow and encourage students to reach their own conclusions about all controversial beliefs or policies and shall not seek to indoctrinate any social, political, or religious point of view;

(4) That it shall demonstrate intellectual diversity for course approval, approval of courses to satisfy general education requirements, student course evaluations, common reading programs, annual reviews, strategic goals for each department, and student learning outcomes;

(5) That it will not endorse or oppose, as an institution, any controversial belief or policy, except on matters that directly impact the institution's funding or mission of discovery, improvement, and dissemination of knowledge. The institution may also endorse the congress of the United States when it establishes a state of armed hostility against a foreign power;

(6) That the state institution will not encourage, discourage, require, or forbid students, faculty, or administrators to endorse, assent to, or publicly express a given ideology, political stance, or view of a social policy, nor will the institution require students to do any of those things to obtain an undergraduate or post-graduate degree;

(7) That it will prohibit political and ideological litmus tests in all hiring, promotion, and admissions decisions, including diversity statements and any other requirement that applicants describe their commitment to any ideology, principle, concept, or formulation that requires commitment to any controversial belief or policy;

(8) That no hiring, promotion, or admissions process or decision shall encourage, discourage, require, or forbid students, faculty, or administrators to endorse, assent to, or publicly express a given ideology or political stance;

(9) That it will not use a diversity statement or any other assessment of an applicant's political or ideological views in any hiring, promotions, or admissions process or decision;

(10) That no process or decision regulating conditions of work or study, such as committee assignments, course scheduling, or workload adjustment policies, shall encourage, discourage, require, or forbid students, faculty, or administrators to endorse, assent to, or publicly express a given ideology or political stance;

(11) That it will seek out invited speakers who have diverse ideological or political views, and that it will post prominently on its web site a complete list of all speaker fees, honoraria, and other emoluments in excess of five hundred dollars for events that are sponsored by the state institution. That information shall be all of the following:

(a) Accessible from the main page of the institution's web site by use of not more than three links;

(b) Searchable by keywords and phrases;

(c) Accessible to the public without requiring user registration of any kind.

(D) Nothing in this policy shall be construed:

(1) With regard to paragraphs (C)(1) to (C)(4) of this rule, to limit the exercise of professional judgment about how to accomplish intellectual diversity within an academic discipline, unless that exercise is misused to constrict intellectual diversity.

(2) With regard to paragraphs (C)(5) and (C)(6) of this rule, to limit the exercise of professional judgment about whether to endorse the consensus or foundational beliefs of an academic discipline, unless that exercise is misused to take an action otherwise prohibited in paragraph (C)(5) of this rule.

(3) To prohibit faculty or students from classroom instruction, discussion, or debate, so long as faculty members allow students to express intellectual diversity.

(4) To prohibit Kent state university from complying with any state or federal law to provide disability services or to permit student organizations, including fraternities and sororities.

(E) Violations and record keeping. The division of student life, the division of people, culture and belonging, and the office of the provost, as applicable, shall be responsible for administering this policy, including determining policy violations and issuing resolutions designed to address and aid in preventing further violations. Further, that division is also responsible for maintaining the relevant records associated with the complaint and resolution of the matter.

Last updated August 26, 2025 at 7:29 AM

History

  • Effective: August 25, 2025
  • Promulgated Under: 111.15

Chapter 3342-6 Personnel

Ohio Adm.Code 3342-6-01 University policy regarding employment.

(A) Policy statement. The vice president for the division of people, culture and belonging is responsible for the development, implementation, and enforcement of the employment policies and practices at Kent state university, as delegated by the president. The vice president may delegate to the appropriate staff the authority to assist in the execution of these responsibilities.

(B) Employee code of conduct. Every employee of Kent state university is required to comply with the policies and guidelines established for employees, as well as applicable local, state, and federal laws. Therefore, the following are expected of each individual employee:

(1) To maintain a professional demeanor. Each Kent state university employee will exhibit a high degree of maturity and self-respect and foster an appreciation for other cultures, one's own cultural background, as well as the cultural matrix from which Kent state university exists. Also, each will adhere to the lawful instructions and orders of their supervisors and other university officials who are performing duties within their official capacities.

(2) To respect the dignity and well being of others. Each employee of Kent state university will demonstrate respect for all campus and external community members. Therefore, to purposely threaten, accost, demean, or to engage in gender, sexual or religious harassment, use vile, obscene or abusive language or exhibit lewd behavior, to be under the influence of alcohol or a drug of abuse while performing employment responsibilities is prohibited. Also, to be involved in the possession, use, distribution of and sale of illegal drugs is strictly prohibited. Deadly weapons, unless authorized by law, are also strictly prohibited.

(3) To respect and safeguard the rights and property of others, and to better provide for the safety and security of each person, each employee of Kent state university will be subject to all applicable local, state and federal laws and to all applicable provisions listed as part of university policy register. Therefore, individuals found in violation of local, state, federal laws or university policies are subject to disciplinary action which could include dismissal from the university.

(4) To prohibit discrimination, while respecting the differences in people, ideas, and opinions. Each employee of Kent state university will support equal rights and opportunities for all.

(5) To practice personal and professional integrity, and to discourage all forms of dishonesty, deceit, and noncompliance to the code of conduct.

Last updated September 2, 2025 at 2:26 PM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-01.1 Administrative policy and procedure regarding grievances of nonteaching unclassified and unrepresented classified staff.

(A) Purpose. The purpose of this policy is to secure equitable solutions as quickly as possible to complaints that may arise relative to the working conditions of university employees. Members of the faculty have other grievance resolution machinery available and are excluded from this policy.

(B) Definitions.

(1) Employee. For the purposes of this policy, the term "employees" is defined as unclassified administrative and professional staff members and unrepresented classified civil service appointees.

(2) Grievance. A "grievance" is defined as a claimed violation of a specified university regulation, policy, or procedure. Generally, it is expected that a grievance can be resolved at the point at which it arises. This means that the aggrieved employee and his immediate supervisor should attempt to settle the issue, with the right to appeal to a higher level exercised only after it is determined that mutual satisfaction cannot be reached. Consequently, every effort should be made to settle the grievance on the spot, on its merits, and with minimal delay.

(C) Eligibility. This policy may be utilized by nonteaching unclassified and unrepresented classified staff. Under the Revised Code, certain classified civil service employees may appeal certain actions of the appointing authority to the state personnel board of review. Included are such matters as job abolishment, reduction in pay or position, layoff, suspensions in excess of three working days, discharge, and job classification. Actions which may be appealed to the state personnel board of review are not subject to appeal under this grievance procedure. If, however, an appeal is filed in a timely manner and that board denies jurisdiction, a grievance may be initiated at step three of this local grievance procedure.

(D) Implementation.

(1) General.

(a) It is the right of every employee to use the prescribed grievance machinery without fear of reprisal. The employee and labor relations coordinator is available to render guidance and assistance concerning the grievance procedure to be followed.

(b) It is the policy of the university to afford its employees the right to have assistance form a fellow employee in attempting to settle a grievance with a supervisor or department head after the employee and his or her supervisor have failed to reach a satisfactory solution in their initial discussion.

(c) It is further the policy of the university to recognize the right of the employee to have additional representation at conference held at the personnel office level and above.

(d) Reasonable administrative time-off shall be permitted for aggrieved employees of the university and fellow employees who assist in presenting a grievance.

(2) Time limits.

(a) It is important that complaints and grievances be processed as quickly as possible at each administrative level. The number of days indicated herein at each level shall be considered the maximum. Every effort should be made to expedite the process and to render a decision as quickly as possible. The time limits specified may, however, be extended by agreement between the university and the employee. A grievance will be acted upon provided the employee submits it in writing within ten working days of the occurrence or discovery of the complaint or grievance.

(b) The phrase "working days" as used in this policy means days exclusive of holidays and days the employee may be on authorized vacation, sick leave, or absence.

(c) Failure of the grievant to appeal a decision within the specified time limits shall be deemed a withdrawal of the grievance and shall bar further action or appeal. Failure of the university to render a decision on a grievance within the specified time limits shall permit its appeal by the grievant to the next step.

(E) Procedural steps.

(1) Employee and immediate supervisor.

(a) The aggrieved employee shall take the matter up with his or her immediate supervisor at the "earliest possible moment," which is defined herein as not exceeding ten working days from the occurrence or discovery of the complaint or grievance.

(b) In the event the problem is not resolved at this informal level, the employee may prepare a formal written grievance, accurately stating the nature of the grievance and a suggested solution.

(c) The formal grievance as filed by the grievant shall be submitted on the university employee complaint form.

(d) The formal grievance should be signed and presented to the supervisor. This must be done within three working days after the final discussion with the supervisor.

(e) The supervisor shall promptly record the decision which he or she has rendered and sign the form as indicated. Copies of the grievance and the supervisor's decision shall be distributed within three working days in the manner indicated on the form.

(f) In organizational situations where the immediate supervisor and the department head are the same person, the grievance mechanism will begin with paragraph (E)(2) of this rule.

(2) Employee and department head.

(a) If the aggrieved employee is not satisfied with the decision of the immediate supervisor, the employee may, within five working days of such decision, file a written appeal with the department head.

(b) On receipt of the formal written appeal, the department head shall meet within five working days with the grievant to discuss the facts of the grievance in an effort to effect a settlement. After considering the facts presented, the department head shall give his or her decision in writing within three working days of the meeting.

(c) Should a group of employees within a department have a grievance, the department-head phase shall become the first step in the employee grievance procedure.

(d) In the event the grievant is employed in an administrative position at the department-head level or above (including academic chairpersons and directors), the grievance shall be presented to the grievant's immediate superior and is subject to appeal only to the next higher organizational level beyond that superior. Administrative grievances of this type are not subject to the step three and step four provisions of the procedure that provide for personnel department review and impartial arbitration.

(3) Employee and employee and labor relations coordinator.

(a) If the aggrieved employee is not satisfied with the decision of the department head, the employee may appeal the grievance to the employee and labor relations coordinator within five working days after receipt of the second-step decision. The employee and labor relations coordinator or designated representative will make an investigation of the complaint and, if necessary, hold a meeting with the employee and the employee's representative, if any. The employee and labor relations coordinator may determine that attendance of the supervisor, department head, or other management officials would be helpful in resolving the complaint. Upon completion of the investigation, the employee and labor relations coordinator will give the grievant a written decision.

(b) If a grievance is not appealed within ten working days after receipt of such decision, the grievance will be considered settled and will not be subject to further appeal and/or review.

Last updated August 29, 2025 at 7:49 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-01.2 Administrative policy regarding flexible work arrangements.

(A) Policy statement. Kent state university recognizes that providing employees with workplace flexibility increases their efficiency and promotes more effective use of available resources. The position of the university to encourage flexible work arrangements insofar as such arrangements do not adversely affect the efficient and effective operation of the university itself. Flexible work arrangements are a privilege and may be structured in different ways that are best for the specific department and job role.

(B) Definitions

(1) Flexible work arrangement. Alternative work arrangements that vary from the normal full-time in-person work arrangements are generally limited to the following options:

(a) Compressed workweek. A schedule where the total number of hours expected to work each week are conducted in less than five full workdays.

(b) Alternative arrival/departure time. An arrangement that permits a variation from the employee's core hours in starting or departure times but does not alter the total number of hours worked in a week.

(c) Extended lunch duration. An arrangement that allows employees to extend the duration of their lunch break (maximum one hundred fifty minutes per week) but does not alter the total number of hours worked in a week. To accommodate this type of flex time, employees must make up these hours by arriving earlier or departing later and/or shortening the duration of their lunch break on other workdays.

(d) Telecommuting. An arrangement in which employees complete a portion of or all of their regular workweek from an off-campus location.

(C) Eligibility. This policy shall apply to eligible full-time unclassified employees and full-time, non-represented classified employees on all Kent state university campuses. Bargaining unit employees may be eligible for flexible work arrangements, but such arrangements require additional discussion between relevant university officials and union leadership. Except where required by law, this policy shall not apply to student employment under rules 3342-6-25 and 3342-6-25.1 of the Administrative Code.

(1) Not all positions are eligible for flexible work arrangements and all flexible work arrangements are at the discretion of the employee's supervisor.

(2) To be eligible for flexible work arrangements, employees:

(a) Successfully completed their probationary period if applicable, and

(b) Been deemed satisfactory on the latest performance review and has continued to perform satisfactorily.

(3) All flexible work arrangements require written approval from the supervisor, or designated approver, prior to commencement. Failure to seek written approval of the supervisor shall result in immediate termination of the flexible work arrangement and may result in disciplinary action. The electronic flexible work arrangement request form must be completed by the employee and supervisor prior to the commencement of the work arrangement.

(4) To be eligible for telecommuting arrangements specifically, the employee must have a dedicated workspace to perform their work. The university shall not be responsible for any costs or expenses accrued by the employee during periods of telecommuting (e.g. internet, utilities, insurance, equipment), except when such costs or expenses would cause the employee to earn less than minimum wage over a particular pay period (in which case, the employee should follow standard university procedure for requesting reimbursement of business expensessee the division of people, culture and belonging for more information).

(5) An employee engaging in telecommuting must be available during their normal work hours for meetings, assignments and routine communications as if the employee was present on campus. Moreover, employees may be required to attend in-person meetings and activities as determined by the university and shall be responsible for their own commuting expenses.

(6) Flexible work arrangements are not intended to be used as an alternative to, or in conjunction with, leave as provided for in Chapter 3342-6 of the Administrative Code.

(D) Criteria.

(1) Flexible work arrangements must meet the needs of the university, the department, and the position. Supervisors should consider the impact on the department and other departments' workload and productivity; other faculty, staff, students and other members of the university community; cost; and business needs.

(2) Flexible work arrangements shall not:

(a) Maternally change the duties of the position;

(b) Adversely affect the academic and administrative services provided to students, faculty, and staff;

(c) Reduce the number of total hours worked in a week.

(3) Flexible work arrangements shall be administered consistently within each department and across the university to the extent possible.

(4) Flexible work arrangements are not guaranteed and may be revised or discontinued for any reason at any time by the supervisor. The approval, denial, revision or discontinuation of all flexible work arrangements must be in writing with a copy provided to the employee. A copy of all approved flexible work arrangements shall also be retained in the employee's personnel file.

(5) Regarding telecommuting arrangements specifically, as a general rule, telecommuting arrangements should be limited to no more than twenty per cent of any division/unit's staff at a time, so that at least eighty per cent of employees are working on campus in person on any given day. The vice president for the division of people, culture and belonging is responsible for the development, implementation, communication and training of the operational policies and procedures necessary to establish flexible work arrangements at Kent state university and shall also be responsible for revising such policies and procedures as necessary.

Last updated September 15, 2025 at 7:40 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-25

(A) Policy statement. It is the policy of the university to employ actively enrolled undergraduate and graduate students in order to further the mission of the university, to provide opportunity for financial assistance and to provide meaningful work experience. Such employment will be on a part-time basis and should support a student's academic progress. Furthermore, such employment is not intended to reduce full-time job opportunities for classified or unclassified employees. The employment of students shall be consistent with applicable federal and state laws and statutes governing employment practices.

(B) Eligibility. This policy applies to employees whose status as a student is a requirement of employment. An individual who is currently employed as a member of the faculty, a classified or unclassified staff member or a graduate appointee is typically not eligible for student employment.

(C) Appointing authority. The executive director of career exploration and development serves as the appointing authority for all student employees. This position is responsible for establishing eligibility criteria and procedures for student employment including offers, modifications, and terminations of appointment for employees.

History

  • Effective: July 1, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-25.1

(A) Policy statement. It is the policy of the university to employ actively enrolled undergraduate and graduate students in various campus positions. This policy serves to provide the administrative structure and procedure for such student appointments, with more specific operational processes and regulations outlined in the student employment handbook.

(B) Eligibility. This policy applies to employees whose status as a student is a requirement of employment.

(C) Definitions.

(1) Supervisor or department head. The individual to whom responsibility is delegated to oversee work on behalf of the university by student employees. This individual is responsible for selecting, hiring, directly supervising, and providing guidance, training and instructions relative to the student employee's assigned responsibilities. This individual is also responsible for being familiar with all statutes, regulations, and policies governing the appointment and termination of employees in their department.

(2) Hourly student employee. Student paid on an hourly basis and nonexempt from the overtime provisions of the Fair Labor Standards Act.

(3) Non-hourly student employee. Student paid on a salary basis for a specific time period (i.e., one time service, one month, one semester).

(4) High school student employee. An individual who is an active, full-time high school student. High school students employed by Kent state university are not required to meet the enrollment guidelines as contained in paragraph (E)(8) of this rule. Employment of high school students must comply with all of the requirements of the state of Ohio's minor labor laws (section 4109.01 of the Revised Code).

(D) Categories of student appointment. These categories identify the specific nature of the working relationship for student staff.

(1) Funding basis. The source of funds from which a student employee is paid is a critical factor in establishing the appointment.

(a) University funded student appointment. Students employed by the university whose wages are paid in full by the employing university department.

(b) Federal work-study program student appointment. Students employed by the university or by a university approved, off-campus organization who have applied for financial aid and have been determined to be eligible for employment under the federal work-study program (FWSP). The employing department will be charged a percentage of the student's wages, and the difference will be charged to the student's FWSP allocation as determined by the student financial aid office and by the U.S. department of education. Federal work-study wages can only be paid to student employees on an hourly basis. The FWSP places additional conditions and limitations on the appointment.

(2) Appointment type.

(a) Hourly. Most student employees are appointed on an hourly basis. Gross pay for a pay period is calculated using the total number of hours worked during the pay period, multiplied by the designated hourly rate of the appointment.

(b) Non-hourly. Students are compensated on a fixed dollar amount for a specific time period, (i.e., one time service, one month, one semester).

(E) Implementation.

(1) Verification of student status and eligibility for employment.

(a) To be eligible for student employment, an individual must:

(i) Be an enrolled student as defined in paragraph (E)(8) of this rule,

(ii) Complete all state, federal, and university forms required for employment, and

(iii) Agree to comply with all applicable university and departmental procedures and policies pertaining to assigned responsibilities, to include the protection of the privacy of students and the authorized dissemination of any information according to university policy, as well as local, state, and federal laws. By accepting employment with the university, the student employee agrees to further follow all policies and procedures within the student employment handbook, as amended.

(b) The appointing authority or designate must verify eligibility before an offer of appointment can be made.

(2) Offer of appointment. No student employee should be expected to work without a formal offer of appointment which specifies basic responsibilities, rate of pay, general expectations regarding a work schedule, and duration of appointment.

(3) Orientation. The initial appointment should include an orientation process in order to enable the employee to become familiar with the workplace and the expectations for their position.

(4) Modification of appointment. Any substantial modification to the terms identified in paragraph (E)(2) of this rule should be communicated with reasonable advance notice to the student employment appointing authority.

(5) Benefits. Student employees do not receive vacation, sick leave, or holiday pay; cannot earn annual longevity step increases, and are not eligible to apply for a leave of absence.

(6) Termination of appointment. Student employment will cease under any of the following circumstances and termination must be communicated to the student employment appointing authority:

(a) End of appointment. Effective with the specified end date of the academic year, semester or summer term designated as the period of appointment, a student employee's appointment will automatically terminate, unless a new appointment is issued.

(b) Voluntary. Student employees may resign from their university appointment at any time, preferably with advance notice, and should notify their supervisor.

(c) Involuntary. At the recommendation of the supervisor, the appointing authority may terminate the employment of a student employee, preferably with advance notice. No reason is required to substantiate the action.

(7) Work schedule. A student employee should be provided a general expectation regarding a work schedule. A student's employment is temporary in nature and is incidental to the pursuit of an academic program. Students may not work more than twenty-eight hours per week. If the student exceeds the maximum hours as established by this policy, the student will not be eligible for future student employment. Continued violation of this policy will result in immediate termination of employment.

(8) Minimum credit-hour enrollment requirement.

(a) Academic year employment.

(i) Students must be enrolled at the university for at least half-time (six credit hours for an undergraduate or four credit hours for a graduate student). Audited classes are not considered degree granting credits and do not count toward the six or four credit hour minimum.

(ii) If a student drops below half-time enrollment status, their employment with the university will be terminated and medicare tax and Ohio public employees retirement system contributions will be withheld from their wages pursuant to federal and state laws.

(b) Summer and break period employment.

(i) Student employment during the summer is contingent upon enrollment during the following fall semester; unless the student will be graduating at the end of the summer.

(ii) Admitted incoming freshmen and transfer students may be employed during the summer or break period preceding the semester of enrollment.

(9) Ohio public employees retirement system (OPERS). Students are required as employees of a public university to contribute to OPERS. Students who meet the minimum hour enrollment requirement established by the university and state of Ohio for exemption in paragraph (E)(8)(a) of this rule may file a request to waive contribution with the appointing authority for student employment. Students who fail or cease to meet the criteria required for exemption at any time will be required by the university to contribute to OPERS.

(F) General procedures.

(1) Posting open student employment positions. All student position vacancies throughout the Kent state university system must be listed with the appointing authority for student employment.

(2) Employment in more than one department.

(a) Student employees may be employed in more than one department but the student must limit total hours worked in all departments to a part-time basis as provided in paragraph (E)(7) of this rule.

(b) Students may work in a federal work-study and a university funded position at the same time.

(3) Recording time.

(a) Student employees must record their own time worked. Recording of another employee's time is a serious violation of university policy and could lead to disciplinary action.

(b) Willful falsification or malicious handling of time keep records constitutes grounds for immediate dismissal.

(4) Student employment pay plan. All student employees will be paid according to the approved pay plan. Classification level and hourly rate are based on the nature of the job.

(5) Student employee grievance procedures.

(a) A formal grievance process exists to give students a venue for resolving workplace issues. It is expected that each employing department will inform all student employees of the student employee grievance procedures contained in the student employment handbook.

(b) Generally, it is expected that a complaint can be resolved at the point at which it arises. This means that the student employee(s) and the immediate supervisor should attempt to resolve the issue informally, with the right to appeal to a higher level exercised only after it is determined that mutual satisfaction cannot be reached. Consequently, every effort should be made to settle the grievance on the spot, on its merits, and with minimal delay.

(c) In initiating a complaint, and throughout the formal appeals process, students may seek the counsel of the office of the student ombuds. The student ombuds will provide information, clarify procedures, and facilitate communication as requested.

(d) It is understood that some issues may involve one or more policies that, because of either the nature of the complaint or the status of the complaint, may be related to university offices that have separate responsibilities for such policies. For example, an allegation of discrimination or sexual harassment could be reviewed separately by the office of equal opportunity and compliance (EOC).

(e) There shall be no retaliation or abridgment of a student's rights resulting from the use of this policy.

(f) As necessary, a student may submit a written request for a reasonable amount of time off work to attend hearings or meetings established as part of the grievance process. This request must be approved in writing by the immediate supervisor to be acted upon.

(g) Regional campus student employee complaints filed at a regional campus are covered by rule 3342-8-01.6 of the Administrative Code and this policy register.

Last updated August 29, 2025 at 7:55 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-02 University policy regarding equal opportunity.

(A) Equal opportunity policy.

(1) In academic and student programs. It is the policy of this university that there shall be no unlawful discrimination against any student or applicant for admission as a student because of age, race, color, religion, gender, sexual orientation, national origin, disability, military or veteran status. Such policy shall apply to, but not necessarily be limited to, the following: recruiting, admission, access to programs, financial aid, and social, recreational and health programs. This policy shall be applicable to all campuses and units of the university. This policy also shall apply with reference to discrimination on the basis of age insofar as required by law.

(2) In employment. It is the policy of this university that there shall be no unlawful discrimination against any employee or applicant for employment because of age, race, color, religion, gender, sexual orientation, national origin, ancestry, disability, military or veteran status. Such policy shall apply to, but not necessarily be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other compensation; and selection for training, including apprenticeship. This policy shall be applicable to all campuses and units of the university.

(B) Implementation of policy with respect to employment.

(1) There shall be promulgated and maintained, under the authority of the president of the university, executive vice president for academic affairs and provost, and the vice president for people, culture and belonging, pursuant to this equal opportunity policy, the federal contractor compliance program. Full achievement of equal opportunity shall be deemed a major effort of the university, and the federal contractor compliance program shall be the principal official arrangement, as to organization, methods and procedures, whereby the university shall pursue that effort in employment.

(a) The federal contractor compliance program shall include, but not necessarily be limited to, nondiscrimination provisions of general application to all employees and applicants for employment, including nondiscrimination provisions applicable to age, race, color, religion, ancestry, gender, sexual orientation, national origin, disability, military status, or veteran status. Such provisions of general application shall reflect and pursue the central purposes and provisions of relevant laws and regulations of the United States, and of the state of Ohio. Such provisions of general application shall include, but not necessarily be limited to, the following:

(b) Establishment of responsibilities for conduct and monitoring of the university's federal contractor compliance program.

(c) Internal and external dissemination of the university's equal opportunity policy and federal contractor compliance program.

(d) Workforce analyses; analyses of major job groups; appraisal of labor force utilization; and annual reports of progress.

(e) Development and pursuit of intellectual diversity, which could reasonably be attained through good faith efforts.

(f) Equal opportunity of access by employees to educational and training programs for advancement of occupational and professional qualifications as set forth in rule 3342-6-02.101 of the Administrative Code.

(g) Application of the university's equal opportunity policy in all employment actions.

(h) Design and implementation of appropriate audit and reporting systems.

(i) Provisions for notice, verification and reporting, as may be required by law regarding equal opportunity policies and practices of unions, contractors, and vendors having dealings with the university.

(j) Provisions for resolution of complaints and grievances.

(2) The federal contractor compliance program shall further include nondiscrimination provisions of special application to individuals with disabilities, and to protected veterans. Such provisions of special application shall reflect and pursue the central purposes and provisions of relevant laws and regulations of the United States, of the state of Ohio, and of this university, which have special application to equality of opportunity for those who are disabled, for veterans with disabilities, and for veterans of the Vietnam era. Wherever provisions of general application can have application, they shall apply, provided: that where such provisions of special application exist and are relevant, they shall prevail.

(3) The university shall update and make available upon written request, a publication titled, "federal contractor compliance program." Such publication shall include, but not be limited to, the equal opportunity policy which is in effect; , the executive summary by the vice president of the division of people, culture and belonging; the full text of the federal contractor compliance program which is in effect; and, for further guidance of all employees, an appendix. The appendix shall include but not be limited to, applicable forms and procedures utilized in all elements of the federal contractor compliance program, paragraphs (B)(2)(a) to (B)(2)(h)(i) of this rule; relevant provisions found elsewhere in the university register and the Administrative Code; unit goals and timetables currently in effect; and forms, examples and processes of record-keeping and reporting. The office of equal opportunity and compliance (or designee) shall have primary responsibility for preparation of this publication and for its dissemination to all unit heads and its availability to employees and applicants for employment.

Last updated September 2, 2025 at 2:26 PM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-02.101

(A) Purpose. It is the policy of the university to fill its employment vacancies by selecting from the available labor market those persons best qualified to perform the job-related requirements of the employing unit and the university.

(B) Definitions. The following definitions and guidelines will be followed in pursuing these policy objectives:

(1) A "position" is a job that has been approved by the appropriate university administrator.

(2) An "open position" is a vacancy. It is created by:

(a) The transfer, promotion, advancement or loss of an employee, or

(b) The approval by the appropriate administrator for the addition of a position.

(3) A "job opportunity" is a vacancy authorized for filling by:

(a) Promoting or advancing an employee from a lower job title, transfer, by reassignment of duties, or

(b) By a direct hire.

(C) Selection procedure for contract personnel.

(1) Applicants for employment vacancies shall be considered not in the abstract but according to their qualifications to perform the work. Criteria for selecting the best qualified candidate should be related to the expected duties and responsibilities for the position.

(2) All selection specifics, including criteria used, position description, interview procedure, methods used for rating candidates, and method used for final selection are subject to final review by the office of equal opportunity and compliance (EOC). The following steps will be included in the review:

(a) The office of EOC shall be notified of intent to fill a position opening and furnished with the following information and documents:

(i) Proposed job announcement for internal publications.

(ii) List of additional publications in which advertisement will appear, including media directed to potential veterans and candidates with disabilities, and a copy of the proposed advertisement.

(iii) List of other planned recruitment contacts.

(iv) Position description to be used by the search committee or others involved in the selection and hiring process.

(v) List of any criteria or qualifications not included in the position description but which will be used in the judging of individual candidates.

(vi) Names of members of the search committee.

(b) Persons involved in the selection process shall be advised of their responsibility to implement the university's policy of nondiscrimination by completing the hiring certification training in canvas. Such advisement should include a meeting of the search committee with the director of the office of EOC or designee.

(c) At the end of the initial recruitment period, the EOC will be notified as to whether the pool of candidates includes reasonable representation of qualified available veterans and persons with disabilities, in accordance with availability data in the field. If not, nominations from individuals and groups most knowledgeable about the process should be sought, as well as from the assistance of the office of EOC.

(d) To recruit from an intellectually diverse pool, traditional recruitment and selection methods must be supplemented by the following actions:

(i) Advertising in media directed to a wide range of potential veterans and persons with disabilities.

(ii) Direct phone or mail contact with departments or other sources of veterans and disabled persons with a disability. For example, positions in areas such as STEM and nursing that are traditionally underrepresented should ensure equal opportunities are offered in all programs and positions.

(iii) Consideration of all current faculty, staff, or graduate students at the university, particularly qualified veterans and persons with a disability, to fill vacancies.

(iv) Assurances that all advertisements announcing employment vacancies carry the statement "Equal Opportunity Employer," and that no advertisements indicate sex preference.

(v) Assurance that search/interview committees include diversity among the members.

(vi) Distribution to all candidates of the "Voluntary Demographic Question" requesting voluntary disclosure of disability and veteran status, which will be maintained in the office of EOC as part of the applicant flow data.

(D) Procedure. In order to appropriately verify that all federal contractor compliance program guidelines are followed, the following procedure is to be used for the recommendation of appointment for all contract personnel:

(1) Upon completion of the search committee/interview procedures, the department head will forward a completed recommendation form and material related to appointment recommendations to the appropriate administrative officer. Academic department appointments will be forwarded to the deans and school directors. Nonacademic departments will forward the forms to the appropriate unit director.

(2) These forms and related materials, including the completed recruitment profile, should then be forwarded to the director of the office of EOC (or designee) for approval prior to submission to the appropriate vice president for referral to the president.

(E) Temporary positions.

(1) If a temporary position had been filled after duly required advertising, a reappointment to that temporary position need not be readvertised. Where the initial appointment stipulated temporary for the academic year without the further stipulation of one year only, the person could be reappointed under the same terms and conditions of employment outlined in the advertisement for x number of years in the future. A clarifying statement of possibility of reappointment should be included among the original appointment documents.

(2) Where the advertisement for a temporary position stipulates one year only, that position necessarily must be readvertised should the department wish to fill the position again, or should it wish to transfer the person filling the position from temporary employee status to regular employee status. The sole exception to readvertisement occurs under the special terms providing for internal advancement. (See rule 3342-6-02.102 of the Administrative Code and this register).

(F) Pool concept for part-time and full-time temporary positions. All academic units of the university, Kent campus and regional campuses that use part-time or full-time temporary personnel must use the "pool concept" for selecting and hiring such personnel.

(1) Each academic unit will announce job opportunities for temporary personnel in internal publications and other appropriate publications prior to the beginning of the fall semester each year. All equal opportunity procedures must be followed.

(2) Requests for pool applicants may be advertised at other times during the year if there is a need. Names may be added at any time to the pool during the year.

(3) It must be recognized that certain courses cannot be filled on the basis of "pool concept." For example, highly specialized upper division or graduate courses which are suddenly vacated by the death or sudden illness of a faculty member cannot ordinarily be filled from a specialized generalized pool which is intended mainly for the lower division general pool. For this reason, the academic dean may request a modification in the procedure for such specialized cases. Approval or disapproval will be given by the office of the vice president for the division of people, culture and belonging.

(4) Applicants who are selected by the academic unit will become part of the general pool for that year. Obviously, there will be different pools for different types of positions. For example, the department of biological sciences might need one pool of persons to teach overflow sections of general biology, and another pool of persons qualified to teach overflow sections of local flora.

(5) Each academic unit must clearly define the qualifications and other criteria for admission to the pool, for continuance in the pool, and for rank ordering within the pool.

(6) Appointees will be selected from the pool of accepted candidates in a rotation scheme which is clearly defined prior to an internal announcement. The rotation scheme used may be either of two types:

(a) Semester rotation, with the most qualified applicant being selected each term.

(b) Yearly rotation in which the entire group of pool members will be eligible for selection in order during the year according to need.

(7) The departmental chairperson must obtain approval from the dean and the vice president for the division of people, culture and belonging or designee for the rotation scheme that will be used.

(G) Tentative-position advertising.

(1) Vacancies which are sent to the office of talent management without request for reinstatement of position forms will be returned to the appropriate unit for proper authorization. Tentative or possible positions will be presented to the appropriate office for the vice president's official verification of authorization prior to their being announced internally.

(2) When the tentative or possible position is deemed an approved position, the appropriate copy should be sent to the office of EOC for filing with the other material of record.

(H) Deadline. The deadline for submission of copy-ready material to be included in the latest job opportunity publication will be three p.m. on the Wednesday preceding the Friday printing date. All material submitted after three p.m. on the Wednesday preceding the printing date shall be included in the next following appropriate publication.

(I) Classified civil service job communication. The deadline for submitting all personnel job listings for publication is the same as that for contract personnel. In addition, nonacademic personnel must refrain from posting any position if the posting date and publication date do not coincide or closely approximate one another.

(J) Summary. It is the policy of the university that all job opportunities be filled within a reasonable period of time with the qualified personnel in accordance with the university's policy on equal employment opportunity. All job vacancies in the university's applicant tracking system shall be communicated internally as well as to the widest relevant recruitment area.

(K) Job opportunities. Job opportunities in the classified civil service shall be filled in so far as practicable by promotions according to civil service laws and applicable employee union agreements. Therefore, when the university determines a vacancy exists and it is not filled by transfer or lateral shift, a notice of the vacancy, including job details, shall be advertised and posted according to the job opportunity communication policy.

(L) Notice. Contract job opportunities shall be circulated throughout the relevant recruitment area and internally through the job opportunities communication system. All job opportunities shall be posted within the organizational unit in which they occur.

(M) All job opportunity descriptions not exempt from this rule will be disseminated in accordance with the following procedures:

(1) Classified maintenance and service group vacancies covered under university union agreements will be listed for one printing after the five calendar days posting required by the agreement when the vacancy is not filled by paragraph (1)(B)(2)(a) of this rule. Applicants shall have five working days from the date of publication to apply for the position before the vacancy may be filled by the department from among all qualified applicants.

(2) For all other civil service positions, job opportunities shall be posted for five working days in conspicuous places accessible to employees. If it is not determined that the position will be filled by the transfer, promotion or referral from a bona fide eligibility list, the job opportunity will be listed for at least one printing of an internal publication after the five-day posting period. Applicants shall have ten working days from the date of publication to apply for the job opportunity before it may be filled by the department from among all qualified applicants.

(3) All contract job opportunities shall be announced in an internal publication when accompanied by the required authorization from the major budget officer. If it is not determined that the position will be filled by paragraph (1)(B)(2)(a) of this rule, the job opportunity shall be listed for at least one printing. Applicants shall have a minimum of ten working days from the date of the publication to apply for the job opportunity before it may be filled by the department from among all qualified applicants according to interview/search committee practices.

(4) Job opportunity advertisements shall include the job title, qualifications, responsibilities, application deadline, and person to contact, unless there are extenuating circumstances which have been discussed with and received approval from the office of EOC prior to advertisement.

(N) All solicitations or advertisements for employees by, or on behalf of, the university will state that the university is "An Equal Opportunity Employer."

(O) Employee referral source should include sources that can be expected to contact applicants from all demographic groups, including, persons with disabilities, and protected veterans.

(P) Individual short notices and temporary vacancies not to exceed one hundred twenty calendar days in duration, shall be exempt from publication requirements. However, departments that anticipate making such appointments shall follow the "pool concept" policy for communications of such job opportunities. Deviation from use of the pool requires approval from the major budget officer and the endorsement of the office of EOC.

(Q) This communication rule applies to all positions in the university system except those student employment opportunities coordinated by the student financial billing and enrollment center.

(R) Positions established through grants shall be exempt from this communication policy if the names of individuals to fill the proposed positions have been submitted as part of the grant proposal. All other grant positions which become job opportunities shall be subject to this communication rule.

Last updated September 15, 2025 at 7:47 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-02.1 Administrative policy and plan regarding affirmative action.

(A) Policy statement. This federal contractor compliance program is adopted, and shall be maintained and implemented, pursuant to paragraph (B) of rule 3342-6-02.101 of the Administrative Code, and of this register, the equal opportunity policy promulgated by the board by resolution of October 4, 1979.

(B) Establishment of responsibilities for conduct of the federal contractor compliance program.

(1) The president of the university, as chief executive officer, shall have overall responsibility for effective implementation of this federal contractor compliance program and shall exercise general oversight of such implementation.

(2) The vice president for the division of people, culture and belonging (DPCB) shall have special responsibility in the implementation of this federal contractor compliance program, and shall assure pursuit of the president's instructions in the interest of effective implementation.

(3) The office of equal opportunity and compliance (EOC) in the division of people, culture and belonging and under supervision of the vice president for division of people, culture and belonging shall be the principal administrative office for effective implementation of this federal contractor compliance program throughout the university. Responsibilities of the office of equal opportunity and compliance shall include the following:

(a) Provisions, for benefit of all departments of the university, of professional expertise in the appropriate and lawful techniques of equal opportunity and compliance; in current developments in the field of equal opportunity and compliance; and in the requirements of law governing federal contractor compliance.

(b) Provision of the specific staff services hereinafter required, including dissemination of policy; work force and major job group analyses; ascertainment of all demographic groups, including persons with disabilities, disabled veterans, and veterans of the Vietnam era, for possible employment, promotion or transfer; analyses of the all demographic groups, including persons with disabilities, disabled veterans, and veterans of the Vietnam era; design and implementation of appropriate audit and reporting systems; participation as hereinafter provided in the resolution of grievances and complaints; preparation of external reports and responses as may be required by law; and annual status and progress reports to the president.

(c) Provisions of liaison, monitoring, and implementation services, in consultation with other departments of the university, including development and execution of action-oriented programs; development and pursuit of goals and timetables, as hereinafter provided; access to education and training programs whereby personnel might improve their capability of advancement in the university; application of the university's equal opportunity policy in all personnel actions; and verifications of policies and practices of unions, contractors, and vendors having dealings with the university, as may be required by law.

(d) Procurement of reports from other units of the university, for purposes of auditing and reporting systems authorized elsewhere in this plan; and collation, publication, submission, and/or dissemination of contents of such reports, as may be required by laws, regulations, or university policies to ensure that the equal opportunity policy is carried out.

(e) Individuals are encouraged to contact the office of equal opportunity and compliance to obtain information concerning the university's equal opportunity and compliance policies and procedures.

(4) There shall be compliance facilitator in each vice presidential division, designated by his or her respective vice president. Each such facilitator shall be responsible for liaison between the division and the office of equal opportunity and compliance, and for dissemination of information and submission of reports to the director of the office of equal opportunity and compliance and to the respective vice presidents.

(5) Each unit head or administrator having supervisory responsibility, from the level of departmental chairperson or administrative unit director upward, shall be specifically responsible for implementation of the equal opportunity policy of the university, and of those elements of this federal contractor compliance program lying within the administrative purview of their unit, especially including but not limited to nondiscrimination in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; selection for training, including apprenticeship; and posting and other forms of dissemination of the equal opportunity policy and other appropriate information among personnel of the unit.

(C) Internal and external dissemination of the equal opportunity policy and the federal contractor compliance program.

(1) The substantive content of the equal opportunity policy, and such elements of the federal contractor compliance program as may be deemed appropriate, shall be posted continuously at each principal posting location in each building on each campus. In addition, so shall be posted all applicable federal and state civil rights posters, as required under law.

(2) Each unit head or administrator having supervisory responsibility as identified in paragraph (C)(6) of this rule, shall be reinformed at least once each year of the equal opportunity policy; of the federal contractor compliance program and procedures pursuant thereto; and of any needed updating relative to such policy and plan. Each such unit head or administrator also shall inform each new employee of the equal opportunity policy and federal contractor compliance program.

(3) The university's equal opportunity policy and federal contractor compliance program shall be made available for review by contacting the office of equal opportunity and compliance at compliance_equalopp@kent.edu.

(4) The university's identity as an equal opportunity employer shall be imprinted upon all documents, publications, and advertisements having specific relevance to equal opportunity in employment or used in recruitment of employees.

(5) The external communications program of the university shall include special efforts to inform the general public, unions, professional associations, and especially the potential sources of recruitment from all demographic groups, including persons with disabilities, and veterans, about the equal opportunity policy and federal contractor compliance program.

(6) Communications will be maintained with all demographic groups, veterans, and vocational rehabilitation groups, making university opportunities known to them and seeking referrals from them. Referrals from these and other sources will be internally communicated and, insofar as is feasible, records of such referrals and their ultimate results will be kept and analyzed from time to time. Insofar as is feasible, university representatives will participate in community programs designed to publicize employment opportunities and will utilize such participation for dissemination of notice of opportunities in the university.

(D) Annual reports of status and progress; work force analyses; analyses of major job groups; appraisals of labor force utilization.

(1) The office of equal opportunity and compliance shall compile and submit to the vice president for the division of people, culture and belonging annual reports of the status and progress of the federal contractor compliance program.

(2) Report shall include, but not limited to, annual analyses of the university work force, and of major job groups, and of the utilization of the available labor force with special reference to veterans and persons with disability who are qualified in terms of job-related position specifications in the university. Procedures in preparation of this annual report shall include, but not be limited to, the following:

(a) Each department or unit shall detail the veteran, ability, race, gender, and ethnic status of employees within all job titles in the department or unit, ranked from lowest paid to highest paid.

(b) Utilizing labor-availability data provided by the office of equal opportunity and compliance, each department or unit will present statistical analysis showing the rate of utilization of qualified applicants in each major job group.

(c) After compilation of departmental and unit data, university-wide, the office of equal opportunity and compliance shall incorporate in the annual report an appraisal of the utilization of available qualified applicants, university-wide, by major job groups, and by department or unit.

(E) Development and pursuit of goals and timetables

(1) Apart from the annual report of work force and job group analyses, but with benefit of data therein, the university shall maintain an annually updated set of goals and timetables for progress in equal opportunity and compliance.

(2) Recommended updated goals and timetables shall be developed by the director of the office of equal opportunity and compliance and shall be subject to approval of the vice president for the division of people, culture and belonging.

(3) Goals may not be quotas which must be met, but targets reasonably attainable by means of applying good faith effort to make all aspects of the entire equal opportunity and compliance program work.

(4) In establishing timetables to meet goals and commitments, the university will consider the anticipated expansion, contraction, and turnover in the work force, by the department or unit, by major job group, and university-wide.

(5) The university, and each of its departments and units, will annually identify particular opportunity areas in which statistical experience shows special opportunity or need for improved equal opportunity. Toward this end each department or unit head will consult with the director of the office of equal opportunity and compliance, drawing upon recorded experience in personnel actions of the department or unit.

(F) Equality of access to educational and training opportunities.

(1) Subject to availability of resources, the university will provide training and educational programs for advancement of the qualifications of employees. All members of the university, including persons with disabilities, disabled veterans, and veterans of the Vietnam era will be encouraged to avail themselves of such programs where applicable.

(2) Availability of employee training and educational programs will be communicated by posting appropriate notices.

(3) Eligibility requirements for participation in employee training and educational programs shall be related to the purposes and goals of such programs respectively, and shall not be designed to exclude or inhibit participation by any member of the university community including persons with disabilities, disabled veterans, or veterans of the Vietnam era.

(G) Application of equal opportunity policy in all personnel actions.

(1) Recruitment.

(a) In all recruitment activities, effort will be made to attract numbers of candidates including qualified persons for whom equality of opportunity is especially sought by the equal opportunity policy, so that fair consideration can be given to them. As may be feasible, candidates will be sought from sources, institutions, or publications through which such qualified candidates might be expected to be located and informed of the job opportunities at all levels.

(b) The division of people, culture and belonging will serve as the central recruiting office for classified civil service employment and will apply the principles specified in paragraph (F)(1)(a) of this rule in recruitment of personnel into such employment and in referrals of candidates to appointing officers.

(c) Other units, departments, and appointing authorities in the process of recruitment of non-classified civil service, faculty, and other contract personnel, will also apply the principles specified in paragraph (G)(1)(a) of this rule.

(d) In order to maintain capability of evaluation of recruitment processes, records will be kept on the history of each recruitment, sufficient to indicate whether, in what manner, and to what extent the provisions of paragraphs (G)(1)(a), (G)(1)(b), and (G)(1)(c) of this rule have been pursued. Records will include, for each applicant, name, gender, race, religion, national origin, disability (optional), armed forces service, referral source, and disposition of application. These records shall be retained for a minimum of three years.

(e) The university will regularly publish and widely disseminate throughout the internal university community, full information about current job opportunities in the university, so that all employees, including persons with disabilities, disabled veterans, and veterans of the Vietnam era will have knowledge and therefore opportunity to compete for such announced positions.

(2) Selection for employment.

(a) Applicants for job openings will be considered on a basis of qualifications only as those qualifications relate to job related selection criteria.

(b) Reasonable records will be kept on the history of each employment, sufficient to indicate whether, in what manner, and to what extent the principles specified in paragraph (G)(2)(a) of this rule have been applied. Such records will reflect, but not be limited to, the specific basis on which one candidate was offered appointment in reference to all others. Such records will include, with respect to each employment, a recruitment profile completed by the appointing unit in consultation with the director of the office of equal opportunity and compliance. The recruitment profile will include or reflect the position description, application forms, interview processes and/or test administration, and final selection process.

(c) All applications for regular positions will be retained for a minimum of three years. All applications for temporary positions will be retained for three years. From these and other sources, departments and the office of equal opportunity and compliance will maintain files of potential candidates as a further resource for future recruitment, available to all units of the university.

(d) The director of the office of equal opportunity and compliance will monitor the flow of appointments and of their respective recruitment profiles, and will counsel officers of the university and department and unit heads, especially with reference to areas of operations where major opportunity for improvement or simplification of processes emerges. Job criteria will be reviewed as necessary to guard against invalid disproportionate rejection of candidates by racial or ethnic groups or by gender.

(3) Job assignment. Candidates accepted for appointment will be assigned to positions for which they are qualified without reference to age, race, religion, color, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era.

(4) Testing.

(a) Applicants who are required to pass a test to be considered for employment, job assignment, transfer or promotion will be advised of the achievement requirements insofar as rigid requirements for passing are imposed, and will be informed of their test results.

(b) Results of tests taken by persons hired will be recorded in each such person's file.

(c) Tests and standards of passing shall not, inadvertently or otherwise, be such as to result in unlawful discrimination, and will be reviewed wherever evidence is found that such unlawful discrimination might be occurring.

(5) Promotion.

(a) Records shall be maintained, and updated annually, whereby the lateral and/or vertical movement of employees can be ascertained and evaluated with special reference to equality of opportunity for promotion.

(b) Formal promotion procedures shall be maintained to ensure equality of opportunity for promotion. Promotion procedures for academic personnel shall be those specified by the board elsewhere in the official policies of the university. Bases for promotion of nonacademic employees shall include but not be limited to the employee performance record; the demonstrated qualification of the employee to perform successfully in the more advanced position; and also, as may be allowable under law and regulations, length of service. Policies and procedures governing promotion and tenure shall conform to the university's equal opportunity policy and shall be implemented pursuant to this affirmative action plan. Such policies and procedures shall be reviewed from time to time to this end.

(c) Labor agreements between the university and unions or professional organizations, insofar as they apply to promotions as well as to other matters, shall conform to law both as to content and implementation.

(6) Layoffs and terminations.

(a) Unlawful discrimination shall not be the basis for layoff or termination of employment of any employee.

(b) In the event of any substantial and necessarily planned reductions in force, the university will prepare such plans with reference to the equal opportunity policy, in addition to other factors; and all reasonable and lawful steps will be taken to assure that no layoff or termination occurs on a basis of age, race, religion, color, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era. As to persons covered under a collective bargaining agreement, the lawful terms of the agreement regarding layoff and termination shall prevail.

(c) The director of the office of equal opportunity and compliance will be available, upon employee request, to counsel affected employees as to appropriate and lawful steps whereby adverse effects upon the employee's occupational and economic security might be mitigated, insofar as personnel and other resources of the director's office can sustain such counseling.

(7) Salary and fringe benefits.

(a) No award of salary or fringe benefits to any employee shall be on a differentiated basis of unlawful discrimination as to age, race, color, religion, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era.

(b) Each department or unit of the university will review periodically the salary and fringe benefit status of all of its employees, with special reference to reassurance that no unlawful discrimination exists between individual employees in equivalent positions with comparable qualifications, experience, responsibilities, and performance levels. Work force analyses prepared pursuant to paragraph (D) of this rule will include these data. Remedies proven to be needed will be made, pursuant to law and subject to availability of resources.

(8) Terms and conditions of employment.

(a) There shall be no unlawful discrimination as to the terms and conditions of employment, on a basis of age, race, color, religion, gender, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era. For purposes of this rule, terms and conditions of employment shall include but not be limited to such factors as working environment, educational and training opportunities, research opportunities, use of facilities, opportunities for participation in professional discourse or deliberative processes, or attendance requirements.

(b) Subject to law and regulations, women will not be specially penalized in their conditions of employment because of pregnancy or childbirth. Reasonable leaves of absence for these purposes will be considered on the same basis as leaves of absence without pay for other valid purposes as provided under official policies of the university; and maintenance of seniority or other fringe benefits shall be on the same basis as in the case of such other officially authorized leaves of absence.

(c) The university policy regarding nepotism shall be administered on a nondiscriminatory basis, pursuant to the equal opportunity policy.

(H) Design and implementation of appropriate audit and reporting systems.

(1) Appropriate equal opportunity records shall be kept, and reports rendered, as required above in paragraph (D) of this rule, work force analysis and annual report to the president; paragraph (E) of this rule, goals and timetables; paragraph (G) of this rule, personnel actions; and otherwise as may be directed by the president. The director of the office of equal opportunity and compliance shall have primary responsibility for design and scheduling of such records and reports, subject to appropriate supervision by the vice president for division of people, culture and belonging (or designee), and in appropriate consultation with other university officers, and department and unit heads.

(2) Records shall be kept, and reports rendered externally, pursuant to laws calling for such records and reports.

(3) In the event of a filing of a formal complaint, and/or enforcement procedures in individual cases, records of such cases shall be maintained continuously and kept until final disposition of such cases, and for such further periods as may be required under law.

(I) Verification and reporting; equal opportunity policies and practices of unions and contractors having dealings with the university.

(1) The university will send notice to each labor union or representative of workers having a collective bargaining agreement or contract with the university, advising the labor union or workers; representative of its obligations under laws and regulations pertaining to equal opportunity, and of the university's equal opportunity policy. All contracts shall conform to law and to the university's equal opportunity policy.

(2) The university will send, through its purchasing department or other appropriate officer, a notice equivalent to that prescribed in paragraph (I)(1) of this rule to vendors and contractors engaging in transactions with the university, also advising such vendors and contractors of responses that may be required of them under law.

(3) The senior vice president for finance and administration shall have responsibility for procurement, from contractors or vendors of appropriately executed nondiscrimination statements, with copies sent to the office of equal opportunity and compliance, as may be required by law; and will maintain files, available for inspection, of all notices and executed statements rendered pursuant to paragraph (I) of this rule.

(4) University officers responsible for contractual dealings with contractors or vendors will maintain rosters or directories of minority enterprises, as defined by law; and will, pursuant to law, enable such enterprises to compete for opportunities to sell goods and services to the university.

(J) Provision for resolution of complaints and grievances.

(1) The university maintains formal grievance procedures, pertaining to a variety of potential bases of grievance, available to faculty and staff, elsewhere in its officially published policies. Whenever any such formal grievance or complaint is filed, and consist of or includes alleged discrimination in violation of the equal opportunity, the procedure also shall include notification to the office of equal opportunity and compliance. In such an instance, the director of the office of equal opportunity and compliance will separately examine the element or elements of the grievance alleging discrimination, and will make the results of such examination known to the vice president for division of people, culture and belonging (or designee), with a copy to the appropriate sector vice president or other appointing authority, before final disposition of the grievance.

(2) In any instance in which a complainant files a complaint with a governmental agency of competent jurisdiction, alleging discrimination in violation of valid laws and regulations, and in which the university is officially notified of such complaint, the complaint shall be examined by the director of the office of equal opportunity and compliance. In instances requiring external response including more than routine rendering of data of public record, there shall be consultation with the appropriate divisional facilitator, and the president, before formal response.

(K) Special provisions relative to persons with disabilities. The section set forth below as well as the other sections contained in this rule are intended in good faith to incorporate sections 503 and 504 of the Rehabilitation Act of 1973, the American Disabilities Act of 1990, and other relevant federal, state and local regulations as required by law.

(1) The director of the office of equal opportunity and compliance is designated as the compliance coordinator for purposes of compliance with law applicable to persons with disabilities.

(2) Special care will be taken to ensure that employment practices and criteria are job related and do not needlessly have the effect of excluding the person with a disability from consideration. To this end the vice president for the division of people, culture and belonging (or designee), and where appropriate, the office of faculty affairs, in consultation with the director of the office of equal opportunity and compliance, will periodically review position employment practices and criteria.

(3) Pursuant to law, and subject to further provisions set forth in this paragraph, the university will not discriminate against any employee or applicant for employment because of disability, as defined, in regard to any position for which the employee or applicant for employment is qualified; and generally will apply the affirmative action federal contractor compliance program on behalf of persons with disabilities as well as other groups affected by the equal opportunity policy.

(a) Has a physical or mental impairment which substantially limits one or more major live activities;

(b) Has a record of such impairment;

(c) Is being regarded as having such an impairment.

(4) Pursuant to law, and subject to further provisions set forth below, the university will not discriminate against any employee or applicant for employment because of disability, as defined, in regard to any position for which the employee or applicant for employment is qualified; and generally will apply the affirmative action program on behalf of persons with disabilities as well as other groups affected by the equal opportunity policy.

(5) The university will make reasonable accommodation to the known limitations of a qualified disabled applicant or employee. In determining of what does or does not constitute reasonable accommodation, the elements of business necessity, financial cost, any resulting personnel problems, undue hardship on the program, and the safety or health of those employees adversely affected, among others, may be considered.

(6) The university may inquire into an applicant's ability to perform job-related tasks effectively and safely, and into the extent and status of disability, provided that information given regarding disability shall be voluntary and shall be kept confidential except as provided in this rule.

(7) The university may require medical examination of any employee or of any applicant who has been conditionally offered employment. Such examination shall not result in unlawful discrimination on the basis of disability and the results shall be held confidential except as provided in this rule.

(8) Information obtained by a required medical examination, or by inquiries into applicants' or employees' physical and mental conditions shall be kept confidential except that supervisors shall be informed regarding restrictions on the work duties of persons with disabilities and any reasonable accommodations required; and except as first aid and safety personnel need to be informed; and except as compliance reporting under law requires inclusion of such information.

(9) For compliance purposes, all employees and applicants for employment are given opportunity to self-identify themselves as persons with disabilities. For such purposes, all applicants for employment will have opportunity to submit a completed form, so identifying themselves, to the office of equal opportunity and compliance and the personnel department, on a voluntary basis, in order to avail themselves of benefits of the office of equal opportunity and compliance program.

(10) Prior to filing a complaint with an external agency, it is recommended that an individual exhaust the administrative internal complaint of discrimination procedure in the office of equal opportunity and compliance. External agencies include but are not limited to the Ohio Civil Rights Commission, Equal Opportunity Commission, the Department of Education, and the Department of Labor, Office of Federal Contract Compliance Programs."

(L) Special provisions relative to disabled veterans and veterans of the Vietnam era. The section set forth below, as well as the other sections contained in this rule, are intended in good faith to incorporate sections 503 and 504 of the Rehabilitation Act of 1973, the American Disabilities Act of 1990, The Vietnam Era Veterans Readjustment Assistance Act of 1974, and other relevant federal, state and local regulations as required by law.

(1) The director of the office of equal opportunity and compliance is designated as the compliance coordinator for purposes of compliance with law applicable to disabled veterans and veterans of the Vietnam era. The director of equal opportunity and compliance (or designee), will annually review employment matters including but not limited to: factors used in the hiring and promotion process, work force goals, and statistics.

(2) The office of equal opportunity and compliance, the division of people, culture and belonging, and where appropriate, the office of faculty affairs, in consultation, will serve to establish and coordinate reasonable accommodation to those disabled veterans requesting such accommodations.

(3) For purposes of the policy the following terms are defined:

(a) "Disabled veteran" is defined as a person entitled to disability compensation under laws administered by the veterans administration for disability rated at thirty per centum or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

(b) "Qualified disabled veteran" is defined as a disabled veteran as defined in 41 Code of Federal Regulations, chapter 60-250.2, who is capable of performing a particular job, with reasonable accommodation to their disability.

(c) "Veteran of the Vietnam era" is defined as a person who:

(i) Served active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge, or

(ii) Was discharged or released from active duty for a service-connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975.

(4) Kent state university will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified.

(5) The university will take compliance efforts to offer employment, employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training.

(6) The university lists all non-student employment openings with a salary basis of less than twenty-five thousand dollars per year and which are not restricted to internal applicants, with the Ohio department of job and family services. Local offices of the bureau will be on the mailing lists of university publications announcing vacancies in the university.

(7) The university's employment practices will be conducted in a manner consistent with all legally binding contractual agreements, collective bargaining agreements, regulations, and statutes.

(8) For compliance and equal opportunity purposes, all employees and applicants for employment are given opportunity to voluntary self-identify themselves as disabled veterans and veterans of the Vietnam era. For such purposes, all applicants for employment will have opportunity to submit a completed form, so identifying themselves, to the office of office of equal opportunity and compliance, in order to avail themselves of benefits of the federal contractor compliance program.

(9) In determining the qualifications of a covered veteran, the university shall consider that portion of the military record, including discharge papers, relevant to the specific job qualifications for which the veteran is being considered.

(10) Information obtained by a required medical examination or inquiries into applicants' or employees' physical or mental conditions will be kept confidential except that supervisors shall be informed regarding restrictions on the work duties of the disabled veterans and regarding accommodations; and except as first aid and safety personnel need be informed of conditions which might require treatment; and except as compliance reporting under law requires inclusion of such information.

(11) In determining the extent of the university's obligation to make reasonable accommodation to the physical or mental limitations of a disabled veteran, the following factors among others may be considered: business necessity, financial cost, and safe performance of the job.

(12) In addition to generally applicable features of the equal opportunity and compliance recruitment program, the university will undertake appropriate outreach and positive recruitment activities to recruit qualified disabled veterans and veterans of the Vietnam era; and will enlist and support appropriate recruiting sources such as the local veterans' employment representative, the veterans' administration, veterans' service groups, campus veterans' counselors and coordinators, and veterans' organizations.

(13) The director of the office of equal opportunity and compliance and the vice president for the division of people, culture and belonging are available to provide guidance, information, direction, and counseling to all university employees including disabled veterans and veterans of the Vietnam era.

(14) Prior to filing a complaint with an external agency, it is recommended that an individual exhaust the administrative internal complaint of discrimination procedure in the office of equal opportunity and compliance. External agencies include but are not limited to the department of labor, office of federal contract compliance programs, and the veterans' employment service.

Last updated September 15, 2025 at 7:41 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-02.102

(A) There are occasions when efficiency, productivity and fairness can best be served by appointing a uniquely qualified individual to a vacant position. When a particular candidate has the required direct experience and familiarity with the university, as well as appropriate credentials, or because internal management policy and practices provide for upward staff mobility, it is not necessary or appropriate to apply regular procedures for job communication as set forth in rule 3342-6-02.101 of the Administrative Code.

(B) The office of equal opportunity and compliance (EOC) will evaluate waiver requests to ensure consistency and obligations regarding federal contract compliance the university has under the Americans with Disabilities Act (ADA) and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).

(C) Therefore, any department head who wishes to fill a position within his/her specific unit and to waive the job communication policy may file such a request with the designated representative in the division of people, culture and belonging (DPCB). The DPCB representative will process and provide the waiver request to the strategic hiring committee (SHC) for review and approval. The office of equal opportunity and compliance will apply the following criteria in deciding whether to support a waiver request:

(1) Credentials of the preferred candidate match the job description and other stated requirements;

(2) Direct experience in the unit has been established as necessary and relevant; and

(3) The university's current composition is such that the recommended appointment would not seriously impede federal compliance progress or meeting set goals and timetables.

(D) Once the office of equal opportunity and compliance has provided a written recommendation, that information is then shared with the SHC to make an informed decision on whether the position is approved as a waiver of posting. Departments or units will be notified in writing whether their waiver request has been approved or denied.

Last updated September 15, 2025 at 7:41 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-02.103 University policy regarding equal opportunity.

(A) Policy statement. Pursuant to paragraph (K)(5) of rule 3342-6-02.1 of the Administrative Code, Kent state university establishes the following interactive procedures to assist employees and visitors to campus seeking to request an accommodation for a disability as defined under the Americans with Disabilities Act (ADA as amended). The office of equal opportunity and compliance (EOC) will be responsible for the administration of this policy.

(B) Scope. This policy is limited to university employees, including staff, faculty members, and student employees seeking a disability accommodation in order to perform the duties of their job or enjoy the benefits and privileges of their employment; and to visitors to the extent addressed in paragraph (D) of this rule. This policy does not address the accommodation process in place for students as administered through the office of student accessibility services (SAS). Job applicants for employment may request a reasonable accommodation from the hiring manager or the contact person listed on the job posting, who may then confer with EOC in reviewing such requests for reasonableness and assistance with implementation.

(C) Confidentiality. All information related to accommodation requests will be maintained as confidential to the extent permitted by law. It may be necessary for EOC to confer with an employee's supervisor regarding the requested accommodation, the employee's limitations in performing job duties, and to notify their supervisor of an approved accommodation. However, medical diagnoses will not be disclosed to their supervisors without the employee's consent.

(D) Visitors to campus. Pursuant to rule 3342-5-12.401 of the Administrative Code, EOC collaborates with university event coordinators to provide reasonable accommodations for visitors and guests with a disability or impairment to participate in a university program or activity. Visitors and guests seeking an accommodation are encouraged to contact the event coordinator prior to the event to ensure the requested accommodation is reviewed and implemented in a timely manner if the accommodation is determined to be reasonable. Event coordinators are encouraged to keep accessibility at the forefront when planning events. Visitors to campus not attending a specific event are encouraged to visit https://www.kent.edu/accessibility, or to contact EOC for accessibility needs or requests. Visitors who believe this policy has been violated may file a complaint in accordance with rule 3342-5-16.1 of the Administrative Code by visiting https://www.kent.edu/people-and-culture/discrimination-and-harassment. Failure to provide reasonable notice of an accessibility request may delay the process or result in denial of accommodation.

(E) Definitions

(1) Disability. For purposes of providing an accommodation under this policy, "disability" refers to a physical or mental condition that substantially limits a major life activity (e.g., caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working); or a record of physical or mental impairment.

(2) Interactive process. An interactive process allows employees and the university to provide input and feedback in determining a reasonable accommodation. The goal of the interactive process outlined in this policy is:

(a) Determine if an employee has a disability

(b) Identify the precise limitations resulting from the disability as related to the employee's job functions, benefits or privileges;

(c) Identify potential reasonable accommodations that could address those limitations; and

(d) Determine whether a reasonable accommodation will be granted.

The interactive process may involve consultation with the employee, the employee's supervisors, the employee's healthcare provider, and other relevant university staff or departments as necessary to complete the process.

(3) Reasonable accommodation. For the purposes of this policy, "reasonable accommodation" refers to modifications or adjustments to the work environment, policies, or practices that enable an employee with a disability to perform the duties of their job or enjoy the benefits and privileges of their employment. An accommodation is not reasonable if it would result in an undue burden to the university, such as fundamentally altering an essential function of an employee's job. There may be several reasonable accommodations that could address the limitations arising from an employee's disability; the university may provide, at its discretion, an alternative to the accommodation requested by the employee or recommended by the employee's healthcare provider if another reasonable accommodation is sufficient.

(4) Assistive technology. Assistive technology refers to any technology that provides assistance to individuals with disabilities in order to maintain or improve their functional capabilities in their environment, such as Braille displays, modified keyboards, FM assistive hearing units, or screen readers.

(5) Undue hardship. Undue hardship refers to a significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relation to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.

(6) Major life activity. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(7) Substantially limited. Substantially limited include, but are not limited to, an impairment that may limit someone's ability to perform some aspect of their job, but otherwise not substantially limit any other major life activity.

(F) Interactive process.

(1) To initiate the interactive process and to formally request an accommodation, the employee should obtain and complete the electronic accommodation request forms available on the division of people, culture and belonging website at: https://www.kent.edu/people-and-culture/employee-accommodation-request

If a disability or impairment prevents the employee or visitor from completing the online electronic form, please contact EOC for assistance at compliance_equalopp@kent.edu or by phone at 330.672.2038.

(2) Documentation.

(a) After reviewing the request form, EOC may then require documentation of the employee's impairment, including information about how that impairment substantially limits the employee's major life activities, and specifically what limitations the impairment creates for the employee regarding their employment and what reasonable accommodations might be appropriate. EOC may provide a form to be completed by a healthcare provider and returned directly to EOC. The employee requesting the accommodation should also provide their healthcare provider with a copy of their current official job description (classified and unclassified positions: https://apps.kent.edu/JobDescriptions/; faculty positions: https://www.onetcodeconnector.org. It is the employee's responsibility to give the documentation of disability or impairment form and the job description to their healthcare provider for completion.

(b) The healthcare provider form must be completed by a healthcare professional that has treated or evaluated the employee for the impairment for which the accommodation has been requested.

(c) EOC may request additional documentation and/or information for further clarification from the employee and/or the healthcare provider.

(d) Incomplete forms may delay the process and may be returned to the employee for full completion. Failure to return a properly completed form or provide additional needed information may delay the interactive process or result in the denial of the accommodation request for the employee.

(e) The EOC office is the only office authorized to formally approve or deny accommodations for employees. Supervisors are expected to refer any employee requesting a disability accommodation to EOC for assistance. Supervisors should not request medical documentation from employees regarding an accommodation request.

(3) Reasonable accommodation discussion. Once all requested documentation is received and reviewed and EOC has determined that the employee has a disability as defined by this policy, the interactive process continues to determine what, if any, reasonable accommodations would be appropriate. This process may include discussions with the employee, the employee's healthcare provider (with employee's consent), the employee's supervisors, and other relevant university staff as necessary.

(4) Determination.

(a) An EOC representative will review the information provided through the interactive process and may approve or deny the request or propose an alternative accommodation. The EOC representative will inform the employee and the employee's supervisors of the determination as soon as reasonably possible.

(b) If the employee feels any approved accommodation is insufficient, the employee may request that EOC reengage in the interactive process at any time with the goal of determining an alternative reasonable accommodation.

(c) If an approved accommodation requires the procurement of any auxiliary aide(s), assistive technology, equipment and/or services that may be necessary to achieve the reasonable accommodation, the employee and/or the employee's supervisor will work with their department's appointed designee, typically a business manager, to purchase the equipment or services specified in the determination letter issued by EOC. If the approved accommodation requires a purchase of any equipment, furniture, product, or service, etc., and the department plans to request reimbursement from EOC, EOC may require that three quotes be submitted for consideration and approval. EOC may select from the three quotes, complete an authorization fund expenditure form, and submit the form to the employee's supervisor for a signature of approval. The department is required to submit to EOC a paid receipt or documentation showing proof of purchase for EOC to request reimbursement to the department's index and account number.

(d) EOC will not reimburse for any equipment, furniture, product, or service purchased prior to an approved accommodation implemented by this office. All purchases approved through the EOC accommodation process shall be made by the employee's department. Individual employees will not be reimbursed for purchases made using the employee's personal assets. Certain expenses associated with the shipment/delivery or assembly of new equipment, or the removal or storage of existing furniture/equipment (e.g., desks, chairs, monitors, etc.) are not eligible for reimbursement from the office of equal opportunity and compliance.

(e) Any equipment, furniture, product, or service that is purchased by the university for accommodation purposes is the property of the university. If the employee separates from the university for any reason, the item(s) purchased will remain at the university. If the employee transfers to another department and/or campus, the equipment, furniture, product or service may go with the employee to the new location, if the need for the accommodation still exists and the accommodation is still reasonable. Any fees or delivery charges associated with the relocation of equipment, furniture, product or services will be the responsibility of the employee's new department.

(5) Supervision or job changes. If an employee is granted a reasonable accommodation, and is subsequently under new supervision for any reason, it is the employee's responsibility to inform the new supervisor of the existing accommodation. If an employee accepts a different position at the university, or if the employee's current job duties change significantly, the employee should contact EOC to evaluate the reasonableness and effectiveness of their accommodation in light of their new position or new job duties. This may require the employee to reengage in the interactive process.

(6) Changes in accommodations. If an employee is granted a reasonable accommodation, it is their responsibility to keep EOC informed of any changes or updates, or when the reasonable accommodation is no longer needed. Moreover, any implemented accommodation may be reevaluated at the discretion of EOC to determine if it continues to be feasible and appropriate for the department or the university.

(G) Appeal.

(1) If the employee wishes to appeal the final determination made by EOC, the employee may make such appeal to the vice president of people, culture and belonging (or designee), within seven business days of the receipt of the determination letter.

(2) The employee may also contact EOC to discuss filing an internal complaint of discrimination if the employee feels they have been unlawfully discriminated against on the basis of disability. University policies regarding unlawful discrimination can be found in rules 3342-5-16 and 3342-5-16.1 of the Administrative Code.

(3) The employee may at any time file a complaint with an external agency such as the Ohio civil rights commission and/or the U. S. equal employment opportunity commission.

Last updated August 29, 2025 at 7:51 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-12.401

(A) Purpose. This policy provides the requirements for administrative offices and instructional units of the university in planning events that consider the accessibility of participants, including those with disabilities, in accordance with the university's duties under Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794, and its implementing regulation at 34 C.F.R. Part 104, and Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35.

(B) Definitions. For the purposes of this rule only, the following definitions shall apply:

(1) Assistive listening devices (ALDs). Personal devices that help those with hearing loss or a voice, speech, or language disorder to communicate.

(2) Event coordinator. A university employee of the administrative office, instructional unit, or office of university events and protocol who is primarily responsible for organizing the event on behalf of the administrative office or instructional unit.

(3) Section 504/Title II coordinator: A university employee responsible for overseeing the university's compliance with the above-noted disability non-discrimination and accommodation laws. The Section 504/Title II coordinator position is within the office of equal opportunity and compliance (EOC) in the division of people, culture and belonging.

(4) Speech-to-text services. Technology that enables human speech to be converted automatically to text; includes real-time captioning or transcribing, a method of using specialized software to convert spoken language into visual text onto a screen.

(C) Requirements. The administrative offices and instructional units of the university are responsible for ensuring that any events they sponsor are accessible to those individuals with disabilities that need and request a reasonable accommodation, in accordance with the laws noted in paragraph (A) of this policy. The event coordinator must solicit, review, and respond to requests for accommodations in the manner described below. It is the responsibility of the administrative office or instructional unit sponsoring the event to ensure the event is held in compliance with this policy.

(D) Implementation.

(1) Event planning and production. Event coordinators shall consider the accessibility of the event at all stages of event planning and production. Any costs incurred in complying with this policy are the responsibility of the administrative office or instructional unit sponsoring the event. The event coordinator may consult with the Section 504/Title II coordinator, the office of student accessibility services (SAS), and other campus resources in planning an accessible event.

(2) Invitations, advertising, and event website. Any invitations, advertising, websites, or registration sites for events shall contain language notifying the intended audience that they can obtain information as to the existence and location of accessible services, activities, and facilities, and if they require a reasonable accommodation to attend the event, they should contact the event coordinator (or designee) as soon as possible. The notice shall also provide the contact information for the event coordinator or designee.

(3) Requests for accommodations. The event coordinator shall review any requests for disability accommodations to determine if they are reasonable. No accommodation shall be required if the accommodation would fundamentally alter the nature of the event or result in undue financial and administrative burdens. Event planners must consult the Section 504/Title II coordinator prior to denying any accommodation request.

(4) Assistive listening devices (ALDs). If the event will have a speaker, presentation, or performance where audible communication is integral to the program (and particularly if audio amplification will be used), an ALD shall be provided. The event coordinator shall discuss the availability and usage of an ALD system with the employees responsible for audio, visual, and technical support for the space. Some university event spaces are equipped with permanent ALDs. The student center has permanent ALDs in some spaces and portable ALDs that can be reserved ahead of an event. Classroom technology and university event support can also be contacted for portable ALD systems.

(5) Speech-to-text services. If the event will have a speaker, presentation, or performance where audible communication is integral to the program, particularly if the event is large and public-facing, the event coordinator should consider utilizing speech-to-text services to proactively address any accessibility issues, disability or otherwise.

(6) Training. Event coordinators are responsible for familiarizing themselves with this policy. The event coordinator shall also ensure that other staff (including volunteers and student assistants) with responsibility for planning events or interacting with attendees, receive training regarding this policy. Training should occur on a regular basis, at least biannually, and be conducted with assistance from the Section 504/Title II Coordinator. New event coordinators should be trained shortly after hire or designation.

(E) Violation. Any person who believes they were denied a reasonable accommodation in violation of this policy may utilize the grievance procedure provided for in rule 3342-5-16.1 of this Administrative Code. The Section 504/Title II coordinator may be contacted at compliance_equalopp@kent.edu for more information regarding this process.

Last updated August 29, 2025 at 7:47 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-16.1

(A) Purpose. This policy sets forth the expectations and responsibilities for maintaining a safe educational and employment environment free of discrimination and harassment. This policy prohibits discrimination and harassment based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and military or veteran status. Retaliation for reporting or participating in the complaint process is also prohibited.

(B) Definitions.

(1) Office of equal opportunity and compliance (EOC) and the office of gender equity and Title IX (Title IX office). The offices that administers this policy, including handling complaints of unlawful discrimination. Office of EOC has also designated "compliance facilitators" at each regional campus and in select university colleges and departments and the Title IX office has designated "deputy Title IX coordinators." These individuals may assist EOC or the Title IX office wiht investigations and other compliance-related matters. The director of equal opportunity and compliance serves as the ADA Title II and Rehabilitation Act Section 504 coordinator overseeing complaints of disability discrimination and requests for ADA accommodations. The director of gender equity within the division of student life serves as the Title IX coordinator overseeing pregnancy accommodations and unlawful discrimination on the basis of sex in university education programs or activities, in accordance with Title IX of the Education Amendments of 1972 and Title 34 part 106 of the Code of Federal Regulations.

(2) Complainant. The person, organization, or department that files a complaint with EOC or the Title IX office alleging that they have been discriminated against.

(3) Respondent. The person, organization, or department that the complaint is filed against. If the respondent serves in more than one role on campus (for example, a respondent who is both a student and an employee), the respondent's primary role in the occurrence of the alleged action shall determine which investigative path below shall be followed. Additional sanctions based on the respondent's secondary role may be considered as appropriate.

(4) Discrimination. Action based on a protected category that limits a group or individual's ability to participate in the university's educational and employment opportunities.

(5) Harassment. A form of discrimination. Harassment is defined as action taken without consent, based on a protected category, and either:

(a) Enduring the offensive conduct becomes a condition of continued employment, academic success, or benefit; or

(b) Sufficiently severe or pervasive so as to interfere with the individual or group's ability to benefit from university employment, services, activities or privileges.

(6) Protected category. The following personal characteristics are considered "protected categories." Discrimination is prohibited based on the following:

(a) Race;

(b) Color;

(c) Religion: sincerely held religious beliefs;

(d) Gender or sex. This includes discrimination based on gender identity, gender expression, gender non-conformity, and pregnancy. Gender or sexual harassment also includes the following:

(i) Sexual misconduct. Intentional sexual touching with any body part or object, that is without consent. This also includes:

(a) Sexual exploitation, defined as taking non-consensual or abusive sexual advantage of another for one's own benefit, or to benefit a third party; or

(b) Knowingly transmitting a sexually transmitted infection without consent.

(ii) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

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

(iv) Dating violence. Violence or intimidation committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

(e) Sexual orientation;

(f) National origin;

(g) Ancestry;

(h) Disability. This category includes protections for individuals with a physical or mental impairment that substantially limits one or more major life activity; individuals with a record of such an impairment; or individuals regarded as having such an impairment. Complaints regarding a failure to accommodate a disability are also included within this procedure. (genetic information of an employee or an employee's family member);

(i) Age: over forty years old; and

(j) Military or veteran status.

(7) Consent. An action defined as the voluntary, unambiguous and uncoerced agreement to participate in an act, the nature and full extent of which is understood by all parties. Silence or lack of resistance cannot be the sole factor in determining consent. Consent may be given verbally or nonverbally. All parties are responsible for confirming that their counterpart's consent is maintained throughout the act and is present before engaging in a new act. A person may be incapable of giving consent due to physical incapacitation, physical or mental disability, threat, coercion, the influence of alcohol or drugs, or age.

(a) Coercion. When an individual unreasonably pressures another to engage in sexual activity, despite responses that the conduct is unwelcome or unwanted. Coercion includes elements of pressure, duress, cajoling, and compulsion. The pressure to participate may also be considered unreasonable when the pressuring individual is in a position of influence or authority over the other individual.

(b) Incapacitation. A state where a person lacks the capacity to reasonably appreciate the nature or extent of the situation because of their physical or mental status, developmental disability, or alcohol or drug use.

(8) Retaliation. A retaliatory action is any materially adverse action taken against a person because they, or someone they are associated with, engaged in an activity protected by this policy. Protected activity includes: (a) filing a good faith report or complaint of discrimination under this rule or under the law; (b) participating in the process for investigating complaints of discrimination made under this rule or the law; (c) complaining of or opposing discrimination as defined by this rule; or (d) requesting an accommodation in accordance with this policy.

(a) A materially adverse action is one that might deter a reasonable person from participating in the protected activity. It may include, but is not limited to, termination, discipline, and harassment, but does not include petty slights, minor annoyances, or trivial punishment.

(b) Identifying whether an adverse action occurred because of protected activity will vary based on each individual situation. Types of evidence that may point to a retaliatory motive, either on their own or together, may include: written or oral statements; the adverse action itself; proximity in time between a protected activity and an adverse action; changes in treatment of an individual after a protected activity occurred, especially as compared to other individuals; failing to follow established policies or practices; and inconsistent or shifting explanations for an adverse action.

(C) Eligibility. All students, faculty, staff, visitors, applicants, and university recognized student organizations. This policy will apply to incidents occurring on campus or within university-sponsored events and programs, and to incidents occurring off-campus if both parties are affiliated with the University through enrollment or employment at the time of the incident. Complaints within the purview of this policy must be filed with the office of EOC within thirty business days of the alleged harm (except complaints of sexual misconduct, stalking, domestic violence and dating violence).

(1) This policy does not apply to those specific complaints of sexual harassment that fall within the purview of Title IX and rule 3343-5-16.2 of the Administrative Code. The director of gender equity/Title IX coordinator or designee will review reports of discrimination and harassment to determine which policy is applicable. Title IX and rule 3342-5-16.2 of the Administrative Code applies to:

(a) Sexual harassment as defined by that policy

(b) Occurring in a Kent state university education program or activity, against a person in the United States; and

(c) Filed by a complainant who, at the time of filing a formal complaint, is participating in or attempting to participate in the education program or activity of the university with which the formal complaint is filed.

(D) How to file a complaint. An eligible person (as defined in paragraph (C) of this rule) who believes that they have been discriminated against by a university department, an employee, a visitor to campus, a student organization, or a student is encouraged to contact the office of equal opportunity and compliance to file a complaint by phone at 330-672-2038, or via email at compliance_equalopp@kent.edu. Matters involving gender equity can be filed with the Title IX office by phone at 330-672-7525 or at titleix@kent.edu. Complaints of retaliation follow this same process.

(1) The applicable office (EOC or the Title IX office) will first examine the allegations within the complaint to determine if they are within the purview of this policy. Complaints outside of the purview of this policy may be referred to another university process. The office may also decline to accept a complaint if they determine that the allegations, even if true, would not be a violation of this policy. If the office declines to accept a complaint, the party who brought forth the allegation will be notified in writing of this decision. This decision may be appealed using the appeal process noted in this policy.

(2) A complainant's consent is generally necessary before an investigation will be started. However, the office director (or designee) may determine that an investigation may move forward without the consent of the complainant, in the following situations: where the director (or designee) believes the safety of the university community may be at risk because of the circumstances of the allegations; for repeated allegations against a single respondent; or where the director (or designee) believes the alleged policy violations may affect a larger group.

(3) Anonymous or indirect reports will be reviewed to determine if enough credible information has been provided to substantiate an investigation. At the discretion of the director (or designee), the office may initiate an investigation without a specific complainant or close the complaint if the eligibility requirement [as defined in paragraph (C) of this rule] is not met.

(4) The university will make every reasonable effort to honor the confidentiality and privacy of all parties involved to the extent practicable and allowed by law. The office may be limited in its ability to investigate without permission to share relevant details. Alleged felonies may be reported to the police in accordance with Ohio law. The reporting party may make a report to law enforcement at any time.

(5) Remedial measures to eliminate harassment may be available regardless of whether a complaint is filed. Such measures may include modifications to academic, employment, and housing situations as appropriate. A no-contact order may be put in place if requested and would prohibit contact between both parties.

(6) If a respondent has more than one role with the university (for example, student and employee), the complaint will be handled in accordance with the context the respondent was in when the alleged incident occurred. At the conclusion of that process, EOC, the Title IX office, or office of student conduct may make additional recommendations or finding regarding the respondent's other role, as appropriate.

(7) If either party is a minor who is not an enrolled student, the minor's parents may be notified. If the allegations involve sexual misconduct, stalking, or violence, local law enforcement will be notified as well.

(8) Parties notified. The office will notify the respondent in writing when a complaint is made. If the respondent is a university employee, organization, or department, relevant supervisors and administrators will be notified of the complaint as well.

(E) Informal resolution. If both parties agree to do so, the office may attempt informal resolution of the complaint at any time prior to the issuance of the investigation summary report. This may include a meeting of both parties with the office representative to discuss the complaint and come to a mutual resolution; a mutual no-contact order; or some other voluntary resolution agreement. If an informal resolution is reached, it will be recorded in writing. Either party may choose to elevate the complaint to a formal investigation at any time, including if they feel the other party is not adhering to the agreement.

(F) Formal investigation. If informal resolution is not attempted or reached, the office representative will conduct an impartial, prompt and thorough investigation of the matter.

(1) The investigation may include, as applicable: interviews with both parties; interviews with anyone that may have relevant information about the complaint; and collecting and reviewing relevant documentation or other evidence.

(2) A formal investigation, including any of the resolution following steps, will be completed within ninety business days of filing a complaint. If more time is needed, the investigator will notify both parties in writing.

(3) Either party may have an individual of their choice accompany them through any stage of this process to provide support and guidance.

(4) The complainant may request to withdraw their complaint at any point prior to the resolution of the complaint. The complaint will be concluded at that point, without resolution, unless the director (or designee) elects to proceed with the complaint in accordance with paragraph (B)(2) of this rule.

(G) Formal resolution for student and student organization respondents. The matter shall be referred to the office of student conduct for adjudication per rule 3342-4-02.1 of the Administrative Code. If the respondent is a student or student organization, the investigator will notify the office of student conduct that a hearing panel should be convened and provide a report of their findings. For more detailed information regarding the hearing and appeal proceedings, see the code of student conduct.

(H) Formal resolution for employee, university department, and visitor respondents. The investigator will summarize any relevant information gathered as part of their investigation. The written disposition will include the investigator's determination of whether the non-discrimination policy was violated.

(1) The investigator uses a preponderance of the evidence standard in making this decision.

(2) If discrimination or harassment was found to have occurred, the disposition will include the investigator's recommended sanctions to prevent recurrence of any discrimination/harassment and to correct any discriminatory effects on the complainant and others, if appropriate.

(3) If the respondent is an employee or department, the respondent's department is responsible for determining whether they will accept and implement the sanctions recommended in the written disposition. The respondent's department must notify the investigating office (EOC or Title IX) in writing within fifteen business days after receiving the investigation findings if the recommended sanctions will be adopted. If not, the department must identify what other course of action will be taken regarding the respondent.

(4) If the respondent is a visitor to campus, the investigator may recommend the persona non grata process be initiated pursuant to rule 3342-5-12.7 of the Administrative Code.

(5) The decision may be appealed by either party, in writing, to the vice president of people, culture and belonging (or designee) or senior vice president for student life (or designee) for title IX investigations within seven business days, and a decision will be issued to both parties within thirty business days. An appeal may only be made on the following bases:

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

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

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

(I) Requirement to report. All employees of the university (except those health care professionals with statutory confidentiality requirements, when acting in their capacity as such) are required to notify the Title IX office all instances of possible gender/sexual harassment, sexual misconduct, stalking, and intimate partner violence within the purview of this policy that they are made aware of in their capacity as an employee. A report to the center for sexual and relationship violence support services (SRVSS) or Kent state police services satisfies this requirement. Employees are also expected to report to the office of equal opportunity and compliance of possible non-gender based discrimination or harassment they are made aware of in their capacity as an employee. With EOC office approval, university departments may create internal reporting structures that ultimately and promptly lead to the EOC office.

(J) Either party may file a seperate complaint against the university may also be filed with external agencies, including but not limited to: the Ohio civil rights commission, the equal employment opportunity commission, and the department of education office for civil rights.

Last updated September 2, 2025 at 7:32 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-16

(A) Purpose. This policy prohibits discrimination and harassment based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and protected military or veteran status. Retaliation for reporting or participating in the complaint process is also prohibited. The university encourages an atmosphere in which the diversity of its members is understood and appreciated, free of unlawful discrimination and harassment based on the listed categories. Thus, all members of the university are expected to join in creating a positive atmosphere in which individuals can learn and work in an environment that is respectful and supportive of the dignity of all individuals.

(1) Definitions and processes for implementing this policy will be defined in rules 3342-5-16.1 and 3342-6-02 of the Administrative Code.

(2) This policy is intended to promote the university's commitment to equal opportunity. It is not intended to censor first amendment rights to express ideas and opinions on any topic provided that expression is not in the form of unlawful discrimination or harassment.

(B) Eligibility. This policy shall apply to all university programs and services including, but not limited to, the following: recruiting, admission, access to programs, financial aid, classroom instruction, academic progress/grading, and social, recreational and health programs, as well as employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other compensation, and selection for training.

(C) Responsibilities. The vice president for the division of people, culture, and belonging are jointly responsible for implementation of this policy.

Last updated August 29, 2025 at 7:48 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-04 University policy regarding appointment authority.

(A) The president of the university shall appoint and remove all university personnel and fix compensation for same within the guidelines set forth by the board and by the laws of the state of Ohio and subject to subsequent approval by the board except that, as to the ranks of executive vice president, senior vice president, and vice president, the board will be informed prior to appointment or removal. Said authority shall include but not be limited to the authority to award or deny tenure to probationary faculty and decide upon all promotions of faculty, subject to subsequent approval by the board.

(B) The president may delegate the authority to make administrative or staff appointments to appropriate vice presidents.

(C) The board has designated the vice president for the division of people, culture and belonging as appointing authority for nonacademic classified employees. The vice president for the division of people, culture and belonging may designate that authority to the associate vice president for the division of people, culture and belonging.

Last updated September 2, 2025 at 7:33 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-04.1 Administrative policy regarding layoff or position abolishment for classified civil service staff who are not in a recognized bargaining unit.

(A) Policy statement. This policy shall be used by the university to initiate a reduction in the workforce through layoffs or position abolishment and, in some cases, the displacement of employees.

(B) Because the university uses its own classification titles and series for classified employees, rather than those established by the state of Ohio, the provisions of this policy are applicable within the university's classification framework.

(C) An employee may be laid off due to a temporary lack of work or funding expected to last less than twelve months.

(1) A lack of work, for purposes of layoff, means a department has a current or projected temporary decrease in workload that requires a reduction of current or projected staffing levels;

(2) A lack of funds means a department has a current or projected deficiency of funds to maintain current levels, or to sustain projected levels of staffing or operations.

(D) An employee may be laid off as a result of the abolishment of a position. "Abolishment" is defined as the deletion of a position or positions from department or the university for lack of continued need for the position or positions. An abolishment is expected to last more than twelve months. The vice president for the division of people, culture and belonging can abolish a position for one or more of the following reasons.

(1) Reorganization for the efficient operation of a department or the university;

(2) For reasons of economy;

(3) For lack of work.

(E) The vice president for the division of people, culture and belonging shall comply with applicable civil service regulations and the following provisions when laying off and recalling employees.

(F) In instances where displacement may occur, the employee must exercise their displacement rights within five calendar days of notification. "Displacement" is defined as the process in which an employee whose position is eliminated may exercise their right to assume another position currently held by a different employee with fewer retention points. Displacement must occur within the same layoff jurisdiction and each regional campus comprises its own separate jurisdiction. The Kent campus shall comprise a jurisdiction. Within a jurisdiction, an employee may be laid off as follows:

(1) The employee shall be transferred to an available vacancy within the same classification;

(2) If the employee has more retention points than another employee serving in the same classification, then the employee with the fewest retention points shall be displaced;

(3) If the employee has the fewest retention points within their classification, the employee may, in lieu of being laid off, either:

(a) Fill an available vacancy in a lower classification in the same classification series; or

(b) Displace the employee with the fewest retention points in the next, or successively lower, classification within the series.

However, no employee may displace another employee who has more retention points.

(4) The employee may exercise their displacement rights within the classification held immediately prior to the classification from which they are being laid off, provided:

(a) The employee held the previous classification not more than three years prior to the effective date of the layoff;

(b) The employee meets the minimum qualifications of the classification held three years prior;

(c) The classification previously held was in a lower or equivalent pay grade than the employee's current classification; and

(d) The employee has more retention points, and displaces the employee in the former classification who has the fewest retention points;

(5) An employee may displace the employee with the fewest retention points in a classification with the same or similar duties, as specified in paragraph (K) of this rule and of the Administrative Code, provided the employee has more retention points than the employee being displaced.

(6) In the event more than one displacement alternative is available, and all alternatives are at the same pay grade, the vice president for the division of people, culture and belonging shall determine which alternative(s) may be offered.

(G) Retention points will be calculated for each employee in classifications affected by a layoff or position abolishment, as well as for employees in the classification in which displacement may occur. Retention points must be calculated in accordance with applicable civil service regulations. The initial allocation and accrual rates are as follows:

(1) Upon hire, a classified civil service employee receives one hundred retention points.

(2) Civil service employees will continue to accumulate retention points for continuous services. Retention points accumulate based on employee's primary work assignment only.

(3) Employees must be in active pay status to earn retention points.

(a) Full-time employees must be in active pay status to earn retention points and will earn one retention point for each bi-weekly pay period of continuous service.

(b) Part-time employees in active pay status earn one-half point for each bi-weekly pay period of continuous service.

(4) "Continuous service" is defined as the uninterrupted service of an employee with a state agency, a county office or a state-supported college or university where no break in service occurs. "Break in service" is defined as a separation of service of thirty-one days or more. Continuous services for the purposes of retention points include:

(a) A transfer from one state department or agency to another, or to or from the university, if there is no break in service. Employees with applicable prior service credit from a state department or agency other than Kent state university are eligible to have these points applied to their KSU retention point total. To receive credit, written documentation must be submitted to the human resources records department;

(b) Authorized leave of absence and continuous service retention points shall continue to accumulate during the term of a leave of absence provided the employee returns to state or university service following the leave;

(c) When a laid off employee is reinstated or re-employed within one year from the date of layoff. However, continuous retention points shall not accumulate during the period of layoff;

(d) A disability separation. However, continuous retention points shall not accumulate during the period of separation;

(e) Service as a student-employee shall not be credited as service for purposes of determining continuous service retention points;

(f) In the event two or more employees have identical retention points, the tie will be broken in accordance with rule 123:1-41-09 of the Administrative Code.

(H) An employee shall notify the vice president for the division of people, culture and belonging, in writing, of their intention to exercise their displacement rights within five calendar days after receipt of a notice of layoff or displacement.

(I) No employee shall displace another employee from a position or classification that has established minimum qualifications, whether by a position description, classification specification, or bona fide occupational qualification, unless the employee meets those requisite minimum qualifications.

(J) An employee exercising their displacement rights shall be paid within the pay grade assigned to their new classification. The employee shall be assigned to a rate which is equivalent to their previous rate of pay. If the rate an employee received in their prior classification exceeds the highest rate in the pay grade for the new classification the employee will be assigned the maximum salary within the new range.

(K) The division of people, culture and belonging is responsible for maintaining the official list of classifications, including the list of positions with the same or similar duties into which an employee may displace, in accordance with applicable civil service regulations.

(L) Any accumulated unused balance of vacation and compensatory time shall be paid to the laid off employee at a time consistent with the separation/termination process.

(M) An employee may appeal a layoff, or a displacement which is the result of a layoff, to 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 displacement. An employee shall be considered displaced on the date the employee is notified that another employee has exercised their right to displace the employee form their position. Any appeal shall be made in accordance with the rules promulgated by the state personnel board of review.

Last updated November 12, 2025 at 8:15 AM

History

  • Effective: November 10, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 123:1-41-09

(A) Assignment of retention points for continuous service. Employees will be assigned a base of one hundred retention points. Computation of retention points for continuous full-time service will be made by crediting each employee with one retention point for each bi-weekly pay period of continuous service. For the purposes of calculating retention points, full-time service includes service as a full-time permanent, full-time seasonal, full-time interim, or full-time temporary employee, for full-time seasonal, full-time interim, or full-time temporary service, credit will be given only for those pay periods in which the employee was scheduled to work. If an employee is in a full-time position at any time during a pay period, they are considered full-time for the entire pay period.

Retention points for continuous service for other than full-time service will be calculated on the basis of one-half (0.50) point for each bi-weekly pay period of continuous service.

Retention points computed for full-time continuous service and other than full-time continuous service, whenever applicable, will be combined to determine an employee's total retention points. Overtime will not be considered for purposes of computation of retention points for continuous service.

(B) Tie breaker. In the event two or more employees have identical retention points as calculated by this rule, the tie will be broken by utilizing the following methods, in the following order:

(1) First, employees having most recent date of continuous service from which no break in service has occurred will be laid off or displaced first; and

(2) Second, the appointing authority determines the employee to be laid off or displaced first.

(C) Continuous service of employees. In the event an employee is transferred, the employee's length of continuous service will be deemed unbroken so long as no break in service occurs from one layoff jurisdiction to another. In the event an employee is transferred from one appointing authority to another or receives an appointment with another appointing authority, e.g., from one state agency to another, from a county office to a state agency, from a state agency to a state-supported college or university, etc., the employee's length of continuous service will be deemed unbroken so long as no break in service occurs from one appointing authority to another. "Continuous service" and "break in service" are defined in paragraph (A) of rule 123:1-47-01 of the Administrative Code.

Last updated December 1, 2022 at 10:34 AM

History

  • Effective: December 1, 2022
  • Promulgated Under: 119.03
Ohio Adm.Code 3342-6-04.2 Administrative policy regarding employment of a near relative.

(A) There is no objection to the appointment of members of families throughout the university, regardless of relationship, so long as one family member is not in a position to influence a decision in favor of or against the other.

(B) Therefore, pursuant to the guidelines for enforcement of Executive Order 11246 as promulgated by the United States department of health, education and welfare, university employees shall neither initiate nor participate in institutional decisions involving a direct benefit or detriment to members of their immediate families.

(C) Any decisions involving such direct benefit or detriment shall be referred where appropriate to either an immediate supervisor or the proper appointing authority.

Last updated August 20, 2025 at 9:51 AM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-04.3 Administrative policy regarding independent contractors.

(A) Purpose and scope. The purpose of this policy is to define the process for obtaining the professional services of an independent contractor at Kent state university. It is the intent of the university to classify individuals as independent contractors only when there is a reasonable basis for such determination and in circumstances provided for in this policy.

(B) Eligibility.

(1) Individuals classified as independent contractors are not eligible for any employee benefits, are not covered by worker's compensation, and fees paid for professional services are not subject to income tax withholding.

(2) Individuals who are currently employed with Kent state university may not be engaged as an independent contractor.

(3) Individuals who have been employed with Kent state university may not be engaged as an independent contractor in the same calendar year that they were an employee performing the same or similar duties.

(4) Services performed by an independent contractor shall not replace the work normally performed by a university employee.

(C) Definition of an independent contractor. For the purposes of this policy, an independent contractor is an individual who meets each of the following while performing a professional service for the university: has a degree of skill or area of expertise not normally available within the university; uses their own tools and equipment to deliver the service, performs the service for a limited period of time not to exceed six months; has complete control over the manner in which the work is performed; and normally provides such services in the open marketplace.

(D) Procedure.

(1) Prior to the engagement of professional services of an independent contractor, a unit must initiate the review process administered by the division of people, culture and belonging and provide any materials as may be requested by the division representative. At time such review is initiated, the parties (i.e. unit or the independent contractor) may negotiate the terms of an agreement. However, such agreement shall not be executed by either party prior to the conclusion of the review process.

(2) The review process by the division of people, culture and belonging will result in either approval for the unit to proceed, or denial. In the event of denial, the unit may engage the division of people, culture and belonging to discuss alternatives as may be available.

(3) Upon approval and prior to any services performed or delivered by the independent contractor, the unit is responsible for ensuring that an agreement is executed with the independent contractor in accordance with the process provided in rule 3342-5-04.1 of the Administrative Code. A copy of the duly executed agreement shall be retained by the unit in accordance with the university record retention schedule.

(E) Exemptions and modifications. In rare circumstances, the vice president for the division of people, culture and belonging may determine that certain engagements are by their very nature representative of an independent contractor relationship. For purposes of expedience and efficiency, in their sole discretion, the vice president for the division of people, culture and belonging may determine that such engagements are exempt from the review procedure provided in paragraphs (D)(1) and (D)(2) of this rule, or may otherwise engage in a modification to such review as approved by the vice president for human resources.

(1) Exemptions and/or modifications under this rule shall be submitted to the vice president for the division of people, culture and belonging by the divisional vice president. Notification of any such exemptions and/or modifications shall be posted on the division's website and further notification shall be provided to the divisional vice presidents prior to the effective date of such exemption.

(2) Any exemptions and/or modifications granted shall be reviewed on or before July first of each year.

(F) Violation. Violations of this policy by units shall be directed to the vice president for the division of people, culture and belonging for review and enforcement as may be necessary. Violation of this policy by a university employee may subject such employee to disciplinary action including, but not limited to, termination.

Last updated September 15, 2025 at 7:42 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-04.1

(A) Purpose statement. This policy designates the process by which university officials are authorized to negotiate and enter into contracts on behalf of Kent state university in accordance with the authority established in rule 3342-5-04 of the Administrative Code.

(B) Scope. This policy applies to all employees at Kent state university ("university employees"), whether temporary, term, or continuing, part-time or full-time positions. This policy applies to original contracts and agreements, as well as all amendments, alterations, modifications, corrections, changes and extensions.

(C) Definitions.

(1) Contract. For the purpose of this policy, "contract" means all written agreements intending to have legal effect between two or more parties where Kent state university, or any department within the university, constitutes one of the contracting parties.

(a) The term "contracts" includes, but is not limited to, memorandums of understanding, agreements, service contracts, settlement of disputes, rental/lease agreements, affiliation agreements, liability waivers, assignments of rights and/or licensing agreements.

(b) The term "contracts" does not include internal agreements between department/units of Kent state university.

(c) Exclusions. This policy does not apply to the following: faculty and adjunct instructor employment agreements executed by the senior vice president for academic affairs and provost, employment contracts executed by the division of human resources, student employment contracts executed by the executive director of the office of career exploration and development, contracts executed by student organizations, or private and personal matters of employees. This policy does not apply to, nor does it seek to replace, the board of trustees as the contracting authority for certain agreements as required by Chapters 3341. and 3345. of the Revised Code or rules 3342-2-01 and 3342-5-04 of the Administrative Code.

(2) Contracting authority. For the purpose of this policy, "contracting authority" means university personnel who hold a delegation of signatory authority in accordance with this rule and rule 3342-5-04 of the Administrative Code.

(3) Vice president. For the purposes of this policy, "vice president" shall mean the officer responsible for an administrative or academic division of the university as appointed by the president and approved by the Kent state university board of trustees.

(D) Implementation.

(1) Authority to contract. In accordance with rule 3342-5-04 of the Administrative Code, the Kent state university board of trustees, the president of the university, or vice presidents hold the authority to contract on behalf of Kent state university. This rule provides for the formal delegation of such authority to other university employees as may be necessary for the proper maintenance and successful and continuous operation of the university.

(2) Delegation required. With exception to the authority referenced in paragraph (D)(1) of this rule, university employees shall not enter into a contract for the purchase of goods or services or otherwise obligate Kent state university to perform any obligation, including but not limited to an obligation to pay any sum of consideration, unless the university employee holds a delegation under this rule.

(3) Delegation in writing. A university employee may contract on behalf of the university if provided a written delegation by the Kent state university board of trustees, the president of the university, or a vice president.

(a) A written delegation must contain all of the following elements:

(i) The employee's administrative job title ("position");

(ii) Effective date and term of the delegation;

(iii) Scope of employee's contracting authority;

(iv) Restrictions, limitations of employee's contracting authority;

(v) Signature of the board, president, or vice president, as may be applicable; and

(vi) Signature of the university employee accepting and acknowledging the terms of the delegation.

(b) Limitation. Except as otherwise provided for in this policy, written delegations may not be made more than two administrative levels below that of the vice president or dean, or more than two administrative levels below that of the regional dean, without written approval by the president of the university. For example, if a college has a dean, an associate dean, and an assistant dean, the delegation may not be made below that of the assistant dean without written approval by the president of the university. In the event that a delegation is made lower than two administrative levels, the signature of the president is required.

(i) Exceptions to paragraph (D)(3)(b) of this rule:

(a) Delegation in university policy. A university employee may contract on behalf of the university if the university employee's specific position is delegated the authority to contract under another rule within agency 3342 of the Administrative Code. Such delegation is limited to the conditions and scope provided for in the applicable policy in which the delegation is provided and must be in writing.

(b) Delegation as an "institutional official." A university employee may contract on behalf of the university as an "institutional official." For the purposes of this rule, an "institutional official" means an individual holding a position that is required by state or federal law to serve as the university's designated official for reporting or contracting purposes. Such delegation shall be in writing.

(4) Delegation by position. A university employee holding one of the following positions may contract on behalf of the university to the extent that such authority is limited to the scope of the operations relative to the applicable academic structure:

(a) Regional deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective campus, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(b) College deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective college, including agreements necessary to secure non-clinical student placements, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(c) Associate deans and school directors shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective school, and for a total value not to exceed twenty thousand dollars and not to exceed a contract term of two years.

(d) Associate provosts shall be authorized to review and execute contracts necessary for the continuing and successful operation of the division of academic affairs, including affiliation agreements with health care providers for the clinical placement of students, as directed by the provost, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years; or

(5) Retention. Original executed delegations must be filed with the senior vice president for finance and administration, or designee, prior to the effective date of such delegation.

(6) Revocation. Delegations may be revoked at any time by the assigning board, president, or vice president.

(7) Conflict of interest. In accordance with the ethics laws of the state of Ohio and as further provided for in rule 3342-6-23 of the Administrative Code, any university employee provided with a delegation of authority may not enter into any contract that involves the university employee, the employee's family, business associates, or any organization with which the employee is associated. In that event the university employee should immediately notify the delegating authority that a conflict of interest exists and withdraw from any participation in the transaction.

(a) Review required. Any university employee provided with a delegation of authority under this policy must also submit a conflict of interest disclosure form pursuant to rule 3342-6-23 of the Administrative Code to the Kent state university board of trustees, president of the university, or vice president at the time of request which shall be kept on file with the original delegation. The form is available from the division of finance and administration. It is the responsibility of the university employee submitting the conflict of interest disclosure form to amend the statements in the form and notify the university employee's supervisor if there is any material change in the information initially submitted.

(E) Contracting process.

(1) Responsibilities of initiating party. The university employee initiating the contract on behalf of the university is responsible for reading the contract entirely, negotiating its substantive terms, and determining the following:

(a) The contract language accurately reflects the current state of negotiations and is sufficiently clear and consistent;

(b) The contract meets programmatic and university strategic mission requirements;

(c) The contract is in the best interests of the university and the contract term is reasonable in duration;

(d) The obligations placed on the university in the contract are in compliance with current university procedures and policies; and

(e) The contract includes the appropriate substantive content to describe the obligations of both parties with reasonable specificity.

(2) If the contract falls under the purview of rule 3342-6-04.3 of the Administrative Code, the initiating university employee must follow the review process required therein prior to initiating any further review of the contract required by this rule.

(3) If the value of the contract exceeds the thresholds established by rule 3342-7-12 or falls under the purview of rule 3342-7-12.1 of the Administrative Code, the initiating university employee must follow the approval processes required therein prior to initiating any further review of the contract required by this rule.

(4) The initiating party is further responsible for the negotiation of all substantive items in the contract, and is solely responsible for the resulting terms and conditions contained therein. Once the substantive terms have been agreed to by the initiating university employee, the initiating university employee must then submit the contract for the mandatory reviews required as provided in this rule.

(5) Mandatory review by the office of the provost. The office of the provost must review any contract between the university (or any unit within the university) that outsources a part of or all of its education programs (i.e. degrees or certificates offered for academic credit) to a third-party entity. Review conducted under this paragraph must be concluded prior to review under paragraphs (E)(6), (E)(7), and (E)(8) of this rule.

(6) Mandatory review by the division of information technology. In accordance with rule 3342-9-03.1 of the Administrative Code, vendors who will receive, transfer, store, or otherwise have access to university data must be subject to review by the office of security and access management with regard to the university's data security policies and standards prior to submission to the office of general counsel.

(a) In accordance with rule 3342-4-16 of the Administrative Code, the division of information technology will also work with internal units to review the substantive requirements of the contract with regard to the university's electronic and information technology accessibility standards.

(7) Mandatory review by general counsel. All contracts prior to execution must be submitted to the office of the general counsel for review as to legal form and sufficiency. General counsel will return the contract to the initiating employee for further revision if necessary. Failure to provide the contract for counsel review could affect several statutory protections reserved for public officials employed by the university including, but not limited to, immunity and indemnification.

(8) Mandatory review by the division of finance and administration. After review by general counsel, the initiating university employee must provide such contract for review by the senior vice president for finance and administration, or his/her designee, if the contract obligates the university to pay funds of one hundred thousand dollars or more for the term of the contract pursuant to rule 3342-7-12 of the Administrative Code. Upon review, the division of finance and administration will return the contract to the initiating university employee for further revision if necessary.

(9) Contract execution. After all appropriate approvals have been received and documented and both parties are in mutual agreement to the terms, both parties must sign the contract before any action called for in the contract can occur. Once executed by the contracting authority, the contract must be fully executed (signed by both parties) with one copy to be provided to the contracting authority (if different from the initiating employee).

(10) Contract retention. The contracting authority is responsible for the retention of the contract, which may be kept in a readable and compliant electronic format. The contract must be kept on file for at least the term of the contract plus five years or as required by the university's record retention schedule, whichever is longer. The record retention schedule can be found on the office of general counsel's website at www.kent.edu/generalcounsel.

(11) Filing the final, fully executed contract. Once a contract is fully executed, it must be filed in a central contract management system managed by the division of finance and administration.

(F) Prohibitions. Failure to follow this policy or to ensure that the appropriate contracting authority is obtained during the execution of a contract and/or agreement may result in the temporary or permanent revocation of the contracting authority of the initiating party as provided for in under this rule. No contract signed by a person without contracting authority as delegated by the board or this policy shall be binding on the university. Under no circumstances may a delegation under this rule be provided to a temporary employee, part-time employee, student employee, independent contractor, or volunteer.

Last updated June 17, 2024 at 8:49 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-04.4 Administrative policy regarding volunteers.

(A) Policy statement. Individuals who volunteer their time and expertise to the university provide an important service and help further the mission of teaching, research and public service. In turn, volunteers gain valuable experiences and a sense of personal satisfaction. This policy is intended to help promote a productive, safe and mutually beneficial environment for volunteers and for the university by setting appropriate expectations and clarifying roles and responsibilities.

(B) Eligibility. This policy shall apply to all campuses, divisions, colleges, schools, departments, offices, whether academic or administrative for all volunteer opportunities on university property or associated with official university functions.

(C) Definition.

(1) For the purposes of this policy, a volunteer shall be an individual:

(a) That freely offers without pressure or coercion, direct or implied, to volunteer their services directly to the university, whether on an ad hoc basis or through a formal volunteer program conducted by a university department; and

(b) That does not receive, nor has an expectation to receive, monetary or material compensation or any form of remuneration or benefit in exchange for such services.

(2) For the purposes of this policy, a research volunteer shall be a volunteer who participates in the conduct of research/scholarship/creative activities (e.g. research assistants) in accordance with this policy. Research volunteers include both non-KSU students and KSU student volunteers who are not receiving payment or course credit to participate in the conduct of research/scholarship/creative activities.

(3) Exclusions.

(a) This policy shall not apply to volunteers who are affiliated with and provide services on behalf of external third-party service agencies or service organizations, as well as any nonprofit organizations dedicated to providing fundraising, public outreach and other support services to the university.

(b) This policy shall not apply to student internships or practicums conducted at the university for credit or through an executed affiliation agreement between the university and a third party.

(D) Implementation.

(1) The "coordinating department" refers to the university department responsible for monitoring, supervising or otherwise organizing the volunteer opportunity and is responsible for all activities of the volunteer.

(2) Permitted use. The use of volunteers in the performance of volunteer services for the university shall be at the sole discretion of the coordinating department.

(3) Prohibited use. The use of volunteers shall not replace or otherwise supplement work performed by other university employees or those duties normally associated with paid positions of the university.

(4) Limited duration. Volunteers shall not be engaged for more than twenty hours per week. Volunteers shall be engaged for a period of limited duration and shall not be used for long-term assignments.

(5) Not employment. Services provided by volunteers shall not be considered employment and are subject to the following limitations:

(a) Service under this policy shall not create any entitlement, right or privilege on the part of any volunteer to continue providing such services for the university in the future.

(b) Volunteers are not eligible for any university benefits including, but not limited to, sick leave, retirement or insurance benefits.

(c) Current university employees shall not volunteer in the same capacity as their regular duties or perform the same type of services they perform as an employee.

(d) Volunteers shall not be monetarily or materially compensated for any services provided and shall not incur any reimbursable expenses during the course of the volunteer opportunity.

(6) The coordinating department must retain in a central location any records created during the above procedures, as well as copies of any supporting documentation, for a period of three years from the date the relationship with the volunteer ends, or in accordance with the university retention schedules where applicable.

(E) Procedure.

(1) Appointment. The following preliminary actions must be completed prior to performing any volunteer services for the university:

(a) The coordinating department is responsible for ensuring that volunteers have adequate experience, qualifications and training for the tasks he/she will perform.

(b) Volunteers must complete the "Volunteer Assignment Form and Release" and return such to the coordinating department. Research volunteers must complete the "Research Volunteer Assignment Form and Release" and return such to the coordinating department.

(c) Volunteers who perform sensitive tasks, such as the care and security of children, shall be required to submit to, and pass, a BCI criminal background check in accordance with section 121.401 of the Revised Code prior to performing such duties, and other such requirements as may be in place by the university

(i) The volunteer is responsible for any costs associated with this test.

(ii) The results of such tests must be returned to and verified by the coordinating department.

(iii) The volunteer assignment shall not begin until the volunteer has passed all checks required under this policy.

(d) Volunteers who will participate in programs or opportunities involving minors must adhere to the requirements in the university's minors on campus policy.

(e) Where appropriate, volunteers must sign a confidentiality agreement with the university. The confidentiality agreement must be kept on file with the coordinating department in accordance with university retention schedules.

(f) Individuals under the age of eighteen need the permission of their parents or legal guardians before they may provide services as a volunteer. Such permission must be kept on file with the coordinating department in accordance with university retention schedules.

(g) Any and all, new or continuing, appointments to a volunteer opportunity must have the final approval of the vice president, dean, or designee prior to the commencement of such opportunity.

(h) Notwithstanding paragraph (E)(1)(g) of this rule, research volunteer appointments must have final approval of a department chair prior to commencement of a research volunteer opportunity.

(2) Termination.

(a) Volunteer services are provided at the pleasure of both parties and may be terminated without prior notice by either party.

(b) If the coordinating department terminates the volunteer opportunity, such coordinating department is responsible for providing notice to the volunteer and such notice shall be kept with the original volunteer assignment form and release.

(c) If the volunteer terminates the volunteer opportunity, such coordinating department must keep a record of such notice along with the original volunteer assignment form and release.

(F) Restrictions.

(1) Volunteers shall not supervise a staff member, including student employees, or other volunteers.

(2) Volunteers shall not handle cash or other commercial transactions for the university. Notwithstanding the preceding, research volunteers are permitted to handle payments to research participants.

(3) Individuals performing service as volunteers may require access to equipment, facilities and information necessary for that service. This access will be subject to the following restrictions:

(a) Volunteers shall neither be granted access to university email, university financial accounts or funds, or university systems such as the university payroll, purchasing, or student systems, nor shall they be given the authority to commit university funds and/or enter into a contract on behalf of the university.

(b) Volunteers shall not be granted access to confidential university information, including but not limited to, student or employee medical records. Notwithstanding the preceding, research volunteers may receive confidential and/or protected data in accordance with applicable law and an IRB-approved research study.

(c) Volunteers shall not be issued keys, swipe card, fobs or other means used to gain access to buildings or offices. Notwithstanding the preceding, research volunteers may be provided access to buildings and laboratories/studios as necessary for conduct of the research/scholarship/creative activity.

(d) Volunteers shall not be issued access codes to buildings or offices.

(e) Volunteers shall not operate university vehicles.

(f) Volunteers shall not operate heavy equipment.

(g) Volunteers shall not have access to, use, otherwise have contact with or voluntarily become exposed to hazardous substances, dangerous equipment or material (including but not limited to contact with blood products or serums) without prior approval by the appropriate vice president of the division under which the volunteer opportunity resides. Research volunteers may contact such substances in the normal conduct of a research project.

Last updated August 20, 2025 at 9:51 AM

History

  • Effective: March 1, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-05 University policy regarding employment of unclassified staff employees.

(A) Appointment of the president. The president of the university is appointed by and serves at the pleasure of the board without notice other than that noted in the minutes of the board. The university constitution, paragraph (G)(2) of rule 3342-2-01 of the Administrative Code, requires that "the board shall annually elect a president of the university to hold office at the discretion of the board." Compensation of the president is established by the board and continues unless or until it is changed by the board.

(B) Appointment of unclassified employees.

(1) All full-time unclassified staff employees shall be employed by the university upon the recommendation of the president and the approval of the board of trustees, serve at the pleasure of the appointing authority, and are subject to the policies, rules, and regulations of the university and to the laws and regulations of the state of Ohio.

(a) During the period of the appointment, unclassified staff employees shall render fully the service to the university required by the terms of the appointment and other appropriate policies, rules, and regulations, as published in the Administrative Code and this register.

(b) The university shall make deductions from salary payments to any unclassified staff employee as required by law, regulations, or policy and may make other deductions as requested by the appointee and authorized by the university.

(c) A full-time unclassified staff appointment is ordinarily made on a continuing basis; that is, an appointment is made with the expectation that it will continue until notice is given by either the employee or the university that it will terminate.

(2) Appointments for part-time unclassified staff positions or for specific periods may be issued with the approval of the appointing authority. As applicable, an employment agreement covering an unclassified staff position shall be executed by the president and appointing authority (with regard to unclassified staff) and the provost (with regard to faculty) on behalf of the university, and be offered to the prospective employee ("appointee"). Each agreement shall contain the following:

(a) Term of appointment that is, continuing, full or part-time, temporary, or for a specific period;

(b) Title of position;

(c) Annual salary and/or salary for the period to be covered; and

(d) Any special conditions relating to the appointment.

(3) Upon receiving the employment agreement, the appointee shall have ten working days after the date of issuance to sign and return the employment agreement to the division of people, culture and belonging, unless this period is extended by mutual agreement. All prospective appointees shall be informed that all offers of employment under this rule are subject to and contingent upon the final confirmation by the Kent state university board of trustees at the next scheduled meeting. If the signed employment agreement is not returned within the time allowed, the university shall consider the appointment refused and the tender of appointment shall be voided.

(C) Termination of appointment of unclassified staff. With regard to an appointment under this policy, termination of the current appointment may be initiated through resignation or retirement; it may be initiated by mutual agreement of the employee and the university for reasons of promotion or transfer; it may be initiated by the university for demotion or may be initiated for reasons of disability leave pursuant to rule 3342-6-11.3 of the Administrative Code and this register, by authority of paragraphs (C), (D), (E)(1), and (E)(2) of this rule or by expiration of the term of an appointment issued for a specific period. An employee under this rule does not acquire tenure rights in his/her appointment or position.

(D) Non-continuation of unclassified staff appointees. Employees appointed under this policy not to be continued in their positions shall be so informed at least ninety days prior to the date established in the notice as the terminal date of the appointment. The appointing authority of the employee shall be the informing agent. In an instance where the appointment was issued for a specified term, no notice is required and the last day to that term shall be the terminal date of the employee's appointment. University policy regarding nonacademic grievance, rule 3342-6-01.1 of the Administrative Code is not applicable in cases of administrative termination.

(E) Suspension and termination of an unclassified staff appointment for cause.

(1) The university may terminate the appointment of an unclassified staff employee under this policy for these reasons: insufficiency of funds; modification of the university's mission or elimination of programs; or significant changes in the organizational structure of the university. At least thirty days' notice will be given, in writing, to the unclassified staff employee for a termination under the provisions of this paragraph.

(2) An employee holding a position under this policy may be reduced in pay or position, suspended, or terminated for cause for violation of law, regulation, directive, or university policy and for, including but not limited to, incompetency, inefficiency, dishonesty, drunkenness, possession or use of illegal drugs, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any acts of misfeasance, malfeasance, or nonfeasance in office.

In the event of suspension leading to possible termination for the reasons stated herein, the administrative or staff appointee shall receive written notice of his/her proposed termination and be provided an opportunity to respond in writing within fifteen days of the date upon which the suspension commences.

(F) Continuation of faculty appointment. In the case of the termination of an appointment under this policy of an employee also holding rank and tenure in an academic department, the employee's faculty rights and privileges are preserved, but may be subject to a separate disciplinary or employment process pursuant to the collective bargaining agreement between the university and faculty collective bargaining agreement.

Last updated September 2, 2025 at 7:33 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-01

(A) Preamble. The university was established by the general assembly of the state of Ohio by an enactment to be found in Chapter 3341. of the Revised Code. Pursuant to section 3341.02 of the Revised Code the government of the university is vested in a board of eleven trustees, two of whom shall be students at the university. The purpose of this rule is to mandate procedures which will regulate the internal operations of the board so as to facilitate the board in exercising the powers conferred upon it by the laws of the state of Ohio.

(B) Aims of the university.

(1) The university is dedicated to teaching the many who want to learn, to advancing knowledge and to providing appropriate public service. The university, with the singular advantages of a large residential state university located in the heart of the most heavily populated section of Ohio, is both a community of scholars and an important intellectual, cultural, scientific and technological resource for its area.

(2) The university's primary concern is the student. It endeavors to provide the academic atmosphere, the human association and the discipline vital to the student's sound intellectual growth and character development. The various programs of curricular and extracurricular activities are designed to stimulate curiosity, broaden perspective, enrich awareness, deepen understanding, establish disciplined habits of thought, provide preparation for a vocation and help in realizing the potential of students as individuals and as responsible and informed members of society.

(3) The university will continue to develop as an active institution of learning whose scholars extend the boundaries of knowledge and whose practitioners of the arts and professions help it to shape the culture of the area it serves. The university supports the research and other activities of its faculty and students, and recognizes not only the intrinsic value of such creativity but also its beneficial effect on teaching at both the undergraduate and graduate levels.

(4) The university, like other large American state universities, combines service with teaching and research and makes available its rich variety of cultural, educational, technical and other resources to its area, to the state of Ohio, to the nation and to the international community.

(C) Student trustees. Student trustees serve a two-year term. They are appointed by the governor from a group of five names selected by the student trustee selection committee under a procedure adopted by the undergraduate student senate and the graduate student senate, administered through the office of the vice president for enrollment management and student affairs and approved by the board of trustees. Student trustees do not have the right to vote on measures that come before the board, are not considered as members in determining whether a quorum is present, are not to be officers of the board, and are not entitled to attend executive sessions of the board. However, they will be appointed as members of standing committees and special committees in the same manner as are nine-year trustees, and, except for the limitations listed above, they will be expected to participate fully in exercising the rights and responsibilities of those trustees appointed to nine-year terms.

(D) Powers of the board. The board shall have the power, not inconsistent with law or this rule, to do all things necessary for the proper maintenance and successful and continuous operation of the university.

(E) Officers and organization.

(1) Officers and term of office. Officers of the board shall be a chairman, a vice chairman and a secretary, who shall be members of the board. They shall be elected annually for one-year terms, at the first meeting of the board after the seventeenth of May. The chairman of the board will annually appoint a nominating committee, the function of which is to consult with each trustee to solicit nominations for each office. The nominating committee's recommendations for a consensus candidate for each office will be presented to the full board at the first meeting of the board after the seventeenth of May. At that time, the chairman will accept the committee's recommendations. The chairman will then entertain a motion from the floor to nominate a slate of candidates. After appropriate procedures, the candidates shall be elected by the board. New officers shall take office immediately following adjournment of the meeting at which they are elected, and shall not be elected to a particular office for more than two consecutive terms. Any officer of the board, having served two consecutive terms in any of the offices, can be reelected to that same office only after one year or more has elapsed from the date of expiration of such officer's latest previous term in that office. At the conclusion of an officer's term in one board office, such officer may be elected to another board office. Vacancies occurring in the offices of the board, for reasons other than expiration of term of office will be filled by election at the next meeting.

(2) Chairman. The chairman shall preside at meetings of the board. The chairman shall perform all general duties incident to the office of the chairman, and such other duties as may be assigned to the chairman by the board. The members of all committees of the board shall be appointed by the chairman, but all standing committees shall be subject to the approval of the board. Unless specifically provided to the contrary by the board, the chairman may assign any of the chairman's duties to another member of the board.

(3) Vice-chairman. At the request of or in the absence or disability of the chairman, the vice-chairman shall perform all the duties of the chairman and, while so acting, shall have all the powers and authority of the chairman.

(4) Secretary. The secretary shall be the custodian of and responsible for the official books and records of the board and shall keep the minutes of all meetings and proceedings of the board. The secretary shall give notice of all meetings of the board and shall be responsible for delivery of the agenda in accordance with the provisions of this constitution. The secretary shall perform such other duties as may be assigned by the board from time to time.

(5) Removal of officers. Subject to the notice and agenda requirements specified in paragraph (F) of this rule, any officer of the board may be removed as such officer by resolution adopted by at least six members of the board.

(6) Board committees. Subject to the approval of the board, the chairman may appoint members of the board to such committees as is deemed necessary.

(F) Meetings of the board.

(1) Regular meetings. The board shall meet at least quarterly each year; provided, however, that one of the meetings shall be held subsequent to the seventeenth of May but prior to the fifteenth of July. At the time of adjournment of each regular meeting the board shall provide, by resolution, the time and place for the holding of the next regular meeting. The secretary of the board shall post written notice of each regular meeting to the residence or business address of each member of the board no less than fourteen days prior thereto. Notice shall include the time and place for the regular meeting.

(a) Public notification of meetings. No later than one week prior to the date of all regular meetings, such date, time, and location of the meeting, as well as the agenda, will be distributed by the office of university news and information to the media and other interested parties. The same office will announce the date, time, place, and purpose of any special meetings of the board at least twenty-four hours prior to that special meeting. In the event of an emergency meeting, university news and information will notify the media immediately of the time, date, place and purpose of the emergency meeting.

(b) Any person may, upon request, obtain advance notification of all meetings at which any specific type of public business is to be discussed.

(2) Business to be considered at regular meetings.

(a) An agenda of matters to be considered shall be constructed by the president in collaboration with the chairman or by the president with the authorization of the chairman and delivered by the secretary or the secretary's designee to each board member at least five days prior to a regular meeting of the board.

(b) Along with the agenda, any proposed action which will substantially affect university policy, including, but not limited to the consideration of major appointments and the annual budget, shall be presented to board members in a form sufficient to advise them adequately as to the content of the proposed action.

(c) With the permission of the board, the president may add emergency matters to the agenda at any time.

(d) Any matter coming to the board other than from a board member or the president shall be presented to the chairman in writing at least two weeks prior to the meeting at which it is proposed for consideration. Any persons wishing to speak at a meeting must give at least two weeks written notice to the chairman and must set forth the subject on which they wish to speak. The chairman shall determine which requests shall be placed on the agenda and may make other appropriate disposition of said requests.

(3) Special meetings. Special meetings of the board may be called by the chairman of the board or upon the request of the president or upon the written request of three members of the board. Unless the chairman determines that an emergency situation exists, written notification of a special meeting shall be received by each board member at least two days prior to the commencement of the meeting. The notice shall specify the business to be conducted at the special meeting as well as the time and place for such meeting. No business other than that specified in the notice may be conducted at a special meeting. Attendance of a board member at any special meeting shall constitute a waiver of notice.

(4) Special hearings. Hearings outside of official meetings may be arranged by the board.

(5) Quorum. A majority of the board, when duly convened, shall constitute a quorum for the transaction of business. At any meeting at which a quorum is present, a majority vote of those present shall be required for any official board action. No member may vote except in person at the meeting. By law, student trustees are not to be counted in the determination of a quorum.

(6) Organization of meetings. The chairman shall preside over all meetings. In the absence of the chairman, the vice-chairman shall preside. In the absence of both the chairman and the vice-chairman, a member of the board then present shall be chosen by a majority of the board members present to preside over the meetings. The secretary or the secretary's designee shall keep the minutes.

(7) Order of business. Unless otherwise ordered by the chairman, the usual order of business at board meetings shall be as follows:

(a) Roll call;

(b) Call to order;

(c) Reading and disposition of minutes of previous meeting;

(d) Reports and recommendations of the president;

(e) Committee reports;

(f) Consideration of communications;

(g) Unfinished business;

(h) New business; and

(i) Adjournment.

(8) Rules of order. The latest revised edition of "Robert's Rules of Order" shall be accepted as authority on all questions of parliamentary procedure not determined by this rule. Any motion shall be reduced to writing on the request of any member.

(G) Administration of the university.

(1) Board of trustees. In accordance with the laws of the state of Ohio, the board is the governing body of the university and shall do all things necessary for the proper maintenance and successful and continuous operation of the university. From time to time, as may be appropriate and deemed necessary, the board will delegate certain authority for the administration of the university to designated administrative officers. Such delegation shall be specified in a manner to be determined by the board and shall be accompanied by periodic review of the exercise of such authority.

(a) Reserved powers. At all times and as prescribed by law, the board shall retain the ultimate authority to approve and/or initiate:

(i) The administrative structure of the university;

(ii) The educational programs and academic requirements of the university;

(iii) The appointment, compensation and removal of all university personnel;

(iv) The fiscal policies of the university; and

(v) University policies.

(b) Advisory procedures. Approval by the board of policies, procedures and internal governance arrangements to assure collegiality shall be requisite. However, no delegation of the authority of the board may interfere with or limit the ability of the board to initiate or authorize action in the exercise of its reserved powers.

(2) The president of the university. The board shall annually elect a president of the university to hold office at the discretion of the board. The president shall be the executive head of the university and to the president is committed the general supervision of its interests and the president may act with freedom within the lines of university policy approved by the board. The president shall submit such reports to the board as the board may request. The president shall appoint, subject to the approval of the board, such personnel as are necessary to carry out effectively and efficiently the mission and the operation of the university.

(3) The administrative officers of the university. With the approval of the board, the president shall appoint the major administrative officers of the university. The president shall also be responsible for assuring responsible participatory roles for faculty, students and staff, as appropriate, in the selection and review of major academic administrators. The highest academic administrator shall be responsible for assuring similar roles for permanent faculty and students in the selection and review of subordinate officers in his or her line of responsibility. Such administrative officers shall provide leadership for the university in accordance with their assigned responsibilities and the exercise of authorities delegated to them by the president and the board.

(4) Policies of the university. The major functions of the university shall be guided by rules, and regulations as defined and established herein.

(a) "University policies" are defined as policy statements, rules and regulations governing instructional and educational programs, university research, student life, administrative operations, finance, and personnel management which have broad application for the entire campus community. Such policies as directly affect the educational mission of the university may be considered or reviewed at any time by the faculty senate and require the approval of the appropriate chief administrative officer, the president and the board.

(b) The authority for formulating policies which do not have broad application for the entire campus community may be delegated by the board to the president and administrative officers of the university.

(i) "Administrative policies" are defined as rules and regulations governing internal operations in concert with university policies. Such policies require the approval of the appropriate chief administrative officer and/or the president.

(ii) "Operational procedures and regulations" are defined as necessary operational guidelines to implement policies or programs of the university. Such operational procedures and regulations may be established in concert with polices of the university by the appropriate administrative officer of the university.

(c) Policy development. Policy recommendations may be initiated by the board, the president, an administrative officer, any committee or council, the faculty senate and its committees, or individual members of the university community, its students, faculty, and staff through established procedures. The board shall be the final authority in resolving conflicts or disputes in the interpretation of university policies.

(d) Policy review. Each vice president of the university shall be responsible for presenting all new policies or revisions of old policies which affect their divisions to the appropriate subcommittee of the board of trustees. They shall:

(i) In the case of a university policy requiring board action, submit the policy as an action item at the appropriate time prior to a board of trustees meeting;

(ii) In the case of administrative or operational policy, submit the policy for review by the trustees no later than the first board meeting following the effective date of the new policy or revision;

(iii) Inform the campus community who will be affected by the new policy or revision, that the policy is subject to review by the board of trustees at its next scheduled session; and

(iv) No action taken by the university administration under these sections will diminish the ultimate authority of the board to govern the university.

(e) Policy implementation. The university counsel office shall be responsible for the administration of university policies and shall facilitate their development. It shall:

(i) Provide for a standardized policy format;

(ii) Maintain a university register of policies and procedures and provide for the publication and distribution of the same so as to be accessible to all members of the university community;

(iii) Provide for and facilitate effective and responsible participation in policy formulation, implementation and review by appropriate and affected constituencies of the university community;

(5) University committees and councils. The president, with the approval of the board, may establish various committees and councils representing various constituencies to assist in the development of policies for the governance of the university. At all times the role of any such body shall be defined as that of recommending policy, serving in a consultative and/or advisory capacity to the president or appropriate administrative officer. Committee and council recommendations relating to academic standards and policies, instruction, research, professional standards, or faculty personnel policies shall be referred to the faculty or to its elected faculty senate, as chartered by the board, prior to submission to the president for action or for recommendation to the board, as appropriate. The establishment of such committees and councils shall not be construed to limit the ability of the board, the president, the faculty senate, or the administrative officers of the university to initiate and review action in the accomplishment of their assigned responsibilities.

(a) "University committees" are defined as representative bodies concerned with a specialized function of university life. Such committees may be a committee of the faculty senate, a subcommittee of a university council or report directly to an administrative officer or the president.

(b) "University councils" are defined as university-wide bodies representing a constituency or constituencies of the university and related to a major function of the university. Such councils shall report through the appropriate administrative officer of the university. The constitution, charter, bylaws and/or guidelines for such deliberative bodies require the approval of the president and the board.

(c) "University commissions" are defined as ad hoc committees to accomplish a given or assigned task within a defined period of time. Such commissions may be established by a university council, within the limits of its assigned responsibilities, or by the faculty senate, an administrative officer of the university, the president, or the board.

(6) Collegial, school and departmental organization. Each college or school and its subordinate units and any other instructional unit shall prepare guidelines for the management of its affairs. These guidelines should be recommended by the faculty of the unit and approved by the chief administrative officer of the subordinate unit, the appropriate collegial dean, and the provost. Such guidelines shall be consistent with the policies and procedures contained in the university register and may not limit the ability of the board to initiate or authorize action in the exercise of its powers.

(7) Supersession.

(a) The provisions of paragraph (G) of this rule shall supersede all previous actions and, in the event of conflict in existing policies or charters, the provisions of paragraph (G) of this rule shall be the final arbiter in conflicts arising between the provisions of paragraph (G) of this rule and any policies or charters of the university.

(b) Existing internal governance arrangements and university policies are not contravened by this constitution where those arrangements and policies are congruent with the above provisions.

(H) Bylaws of the board of the university. The bylaws of the board are operative by constitutional authority of said body.

(I) Amendments to constitution. This constitution may be altered, amended, or repealed at any meeting of the board pursuant to the procedures set forth for the consideration of business and section 111.15 of the Revised Code.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-05.1 Administrative policy regarding positions at the college of podiatric medicine.

(A) Policy statement. Pursuant to the statutory authority provided to the university by the Ohio General Assembly, all new positions existing or created as of July 1, 2012 and thereafter in the Kent state university college of podiatric medicine shall be unclassified positions. Unless otherwise provided for in this Administrative Code, such positions and the employees holding such positions will not be subject to Chapters 124. and 125. of the Revised Code, agencies 124 and 125 of the Administrative Code, nor will relief under such chapters be available to such employees.

(B) Eligibility. This policy applies to all positions at the Independence, Ohio location of the Kent state university college of podiatric medicine.

Last updated August 20, 2025 at 4:52 PM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-05.2 Administrative policy regarding unclassified hourly employees.

(A) Policy statement. From time to time, it is necessary for Kent state university to hire unclassified hourly employees to provide services essential to the proper maintenance and successful and continuous operation of the university. These position serve at the pleasure of the appointment authority as designated by the president of the university.

(B) Definitions.

(1) Unclassified hourly employee. For the purposes of this chapter, an unclassified hourly employee is an employee appointed to an unclassified position and paid on an hourly basis and subject to the non-exempt provisions of the Fair Labor Standards Act where applicable.

(2) Intermittent appointment. For the purposes of this chapter, an intermittent appointment is made where an unclassified hourly employee will work on an irregular schedule that is determined by the fluctuating demands of the work and is not predictable and is generally characterized as requiring less than one thousand hours per fiscal year.

(3) Temporary appointment. For the purposes of this chapter, a temporary appointment is made where either a classified or unclassified position will work for a limited period of time that is fixed by the appointing authority upon consultation with the division of human resources for a period not to exceed one hundred twenty days.

(C) Implementation.

(1) Part-time and full-time term or continuing appointments. Unclassified hourly employees are eligible for university paid medical benefits as determined and made available by the division of human resources. Such employees under this paragraph will be eligible to accrue sick leave at a rate of .058 hours for each hour worked. Such employees under this paragraph will be eligible to accrue vacation leave at a rate consistent with rule 3342-6-11.7 of the Administrative Code.

(2) Intermittent and temporary appointments. Unclassified hourly employees on intermittent or temporary appointments will not be eligible for university paid medical benefits. Such employees will be eligible to accrue .058 hours of sick time for every hour worked. Such employees are not eligible for vacation accrual or any tuition waiver benefits.

(a) Unclassified hourly employees on an intermittent appointment are considered part-time term unclassified personnel. Such employees will have appointments valid only through June thirtieth of the calendar year in which the appointment began.

(b) Unclassified hourly employees on a temporary appointment as provided for in this rule are considered unclassified for the duration of the temporary appointment. Temporary appointments may not exceed one hundred twenty days. Successive temporary appointments for the same person to the same position will not be approved unless in extraordinary circumstances as approved by the vice president for human resources and such successive appointment may not exceed one hundred twenty days.

(3) Unrepresented hourly employees engaged in externally grant funded educational or research duties connected with the university shall be designated "unclassified" and assigned by the director of personnel to the title and pay grade which best represents the expectations of the position from the list following:

(a) Title: program assistant I, pay grade 31.

(b) Title: program assistant II, pay grade 32.

(c) Title: program assistant III, pay grade 33.

(d) Title: program assistant IV, pay grade 34.

(e) Title: program assistant V, pay grade 35.

(f) Title: program assistant VI, pay grade 36.

(g) Title: program assistant VII, pay grade 37.

(h) Title: program assistant VIII, pay grade 38.

(i) Title: program assistant IX, pay grade 39.

(j) Title: program assistant X, pay grade 40.

Last updated August 20, 2025 at 4:52 PM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.7

(A) Policy statement. The university recognizes the importance of providing staff an opportunity for recreation or other personal matters without loss of compensation. Paid vacation leave is granted according to the terms and conditions set forth below.

(B) Eligibility.

(1) All full-time and part-time classified staff not in a collective bargaining unit that hold a twelve-month continuous appointment are eligible to accrue and use vacation under this policy.

(2) All full-time and part-time unclassified staff that hold a twelve-month continuous appointment are eligible to accrue and use vacation leave.

(3) Postdoctoral research associates or research scholars not in a bargaining unit are eligible to accrue and use vacation leave as provided for in rule 3342-6-20 of the Administrative Code. However, postdoctoral research associates or research scholars shall not be eligible to receive payment for unused vacation upon their separation of employment.

(4) All full-time and part-time grant-funded staff not in a collective bargaining unit that hold a twelve-month continuous appointment are eligible to accrue and use vacation under this policy. However, grant-funded staff shall not be eligible to receive payment for unused vacation upon their separation of employment.

Grant-funded staff is defined as employees engaged in externally grant funded educational or research duties connected with the university.

(5) All full-time and part-time, intermittent, and temporary classified employees not in a bargaining unit do not earn vacation.

(6) All full-time and part-time nine-month, ten-month, and thirty-nine-week appointed unclassified employees do not earn vacation.

(C) Implementation.

(1) Accrual rates. Vacation accrual rates are based upon length of Ohio public service. Employment with any state of Ohio agency or any political subdivision of the state is counted to determine years of service. Time spent in military service is counted, provided that the employee in question was an employee of the university for at least ninety days prior to entering military service. Time spent on authorized leave of absence is also counted.

(a) Classified staff accrue vacation on the basis of a forty-hour workweek (prorated for part-time employees) according to the following guidelines:

(i) Less than five years of service, eighty hours (ten days) per year.

(ii) Five or more but less than ten years of service, one hundred twenty hours (fifteen days) per year.

(iii) Ten or more years but less than twenty-one years of service, one hundred sixty hours (twenty days) per year.

(iv) An additional eight hours (one day) per year for each year of service over twenty years to a maximum addition of forty hours (five days) for a total annual accrual of two hundred hours (twenty-five days) for twenty-five or more years of service.

(b) Unclassified full-time staff accrue vacation according to the following guidelines:

(i) Less than twenty-one years of service, one hundred sixty hours (twenty days) per year.

(ii) An additional eight hours (one day) per year for each year of service over twenty years to a maximum addition of forty hours (five days) for a total annual accrual of two hundred hours (twenty-five days) for twenty-five or more years of service.

(c) Unclassified hourly part-time staff on a continuing appointment eligible under paragraph (C)(1) of rule 3342-6-05.2 of the Administrative Code accrue vacation at the rate established in paragraph (C)(1)(b) of that rule at a prorated basis relative to the hours worked in each pay period.

(d) Postdoctoral research associates or research scholars will accrue eighty hours per year as provided for in rule 3342-6-20 of the Administrative Code.

(2) Utilization.

(a) Classified employees are not eligible to use accrued vacation leave or receive payment for accrued vacation leave upon separation from the univeristy until they have completed the probationary period.

(b) Eligible staff members are expected to request vacation leave in advance. The employee should submit a leave form to their immediate supervisor indicating the dates for which leave is requested. Supervisors are expected to accommodate reasonable requests for vacation leave, in keeping with the effective operation of their department or unit and with a view toward fairness for all employees in that unit.

(c) Eligible staff members are normally expected to take vacation time off for purposes of rest and relaxation and for other personal reasons during the year in which the vacation is earned.

(3) Accumulation of earned and unused vacation. It is understood that there are times when a staff member cannot schedule all vacation during the year in which it is earned. Classified and unclassified staff as defined in paragraph (B) of this rule, with the exception of postdoctoral research associates or research scholars are eligible to accumulate vacation leave.

(a) Accrued vacation, up to a maximum of that amount of vacation which may be earned in a three-year period, may be carried over. Any vacation credit beyond the maximum allowed will be subtracted from the accrued balance at the end of September, effective the first October payroll each year.

(b) Payment for unused vacation. Upon termination of employment, eligible classified and unclassified staff will be paid for any earned but unused vacation leave to his or her credit at the time of separation, up to a maximum of that amount of vacation which may be earned in a three-year period. Such payment for unused vacation leave will be made in a lump sum. These employees will not be carried on the payroll for the purpose of liquidating his or her vacation balance.

(c) In the case of death of an eligible classified or unclassified staff member, unused earned vacation leave up to a maximum of that amount of vacation which may be earned in a three-year period shall be paid in accordance with the provisions of section 2113.04 of the Revised Code.

(d) An employee who is hired after retiring from Kent state university employment. .shall accrue vacation leave at the rate provided for in paragraph (C)(1)(b) of this rule, according to the service accrued up to the date of retirement. An employee accruing vacation leave under this paragraph shall not be eligible for payout of any unused accrued vacation leave upon separation of employment.

History

  • Effective: December 3, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-05.3 Administrative policy regarding academic administrative officers.

(A) General goals of an administrative review.

(1) Gauge accomplishment. A proper review requires the officer to make a thorough self-evaluation, as well as a program assessment, highlighting accomplishments, problems, solutions, and prognoses for future operations.

(2) Display success. The review affords an opportunity for focusing the university's attention on the real successes of the administrator's tenure. If properly handled, the response and report portion of the review can contribute to increased awareness of accomplishments.

(3) Expose hidden problems. In any administrator's daily exercise of authority, misunderstandings as well as problems of real substance can occur but never be brought to the administrator's attention. A review should create an environment in which reviewers can reveal hidden problems and potentially disruptive ones. The ultimate goal is the resolution of those problems in a way that best serves the interests of the university community.

(B) Specific objectives of the review. Principal efforts should be directed toward ascertaining the officer's administrative performance in terms of management effectiveness and leadership capacity: for example, quality and competence of work, use of resources and ability to give direction to the unit while encouraging the scholarly interests of the unit. In both management and leadership, the officer's concrete accomplishments should be elicited from the individual being reviewed, as well as from those surveyed.

(C) Persons to be reviewed and evaluated.

(1) The academic administrative officers to be reviewed are the provost, the the dean of the regional college, the deans of the colleges and independent schools, the dean for undergraduate studies, the dean of graduate studies, the dean of the honors college, dean of the university libraries, and the deans of the regional campuses.

(2) Evaluation of the performance of the president is the responsibility of the Kent state university board of trustees.

(3) The reviews of the academic administrative officers listed in paragraph (C)(1) of this rule shall be conducted according to the following procedures:

(D) Procedures.

(1) Frequency.

(a) Regular reviews. The periodic review process shall normally occur in the fourth year but no later than the fifth year unless it is initiated earlier by special request. The office of the provost shall maintain a review calendar for deans and associate provosts and shall notify the faculty senate committee on administrative officers at the start of the academic year of the reviews scheduled within the next twelve months. When a review is scheduled, the administrator scheduling the review shall also notify the faculty members of the unit involved.

(b) Early reviews. The administrator to be reviewed, a member of the administration to whom the administrator reports, or one or more members of the faculty of the administrator's unit may request an early review when circumstances warrant it. Any circumstances that lead to a request for an early review are expected to be unusual and of a serious nature. The decision to proceed with an early review and the scheduling of either an early or regular review are the sole responsibility of the president, or the provost, or the dean of the regional college after consultation with the provost as appropriate. When a review is scheduled, the administrator scheduling the review shall notify the faculty of the unit involved.

(2) Documentary requirements. At the onset of the review, the committee shall be provided with the following documentary information:

(a) The administration's published job description for the position.

(b) A self-study by the administrator being reviewed, detailing accomplishments of management and leadership, problems encountered and solutions provided thereto, and other matters that the administrator perceives as important for the understanding of the administrator's function since the last review.

(3) Committee operations.

(a) It shall be the responsibility of the review committee to ensure as wide as possible a base of input to the review. In particular, it shall provide ample opportunity for the faculty and staff of the unit to express their views. To this end, the review committee may:

(i) Invite signed written statements from faculty, staff, students, and alumni concerning the performance of the administrator under review.

(ii) Interview individuals and/or groups whose input appears specially relevant; e.g., staff members, alumni groups, advisory committees, curricular bodies, past members of such bodies, others with whom the administrator works on a peer level and administrators who report directly to the administrator being reviewed.

(iii) Interview student committees that work with the administrator and students who may serve on faculty/student committees under his/her purview.

(b) Nothing in the above language is meant to limit the range of input that the committee may seek nor shall it be used to limit input that members, be they faculty, staff, students, or alumni, wish to make to the review committee.

(c) It shall be the responsibility of the review committee to ensure that all communications to the committee are treated in a confidential manner. The committee shall further allow the administrator being reviewed the opportunity to discuss issues and concerns that are identified during the review process and to review and respond to all documentary evidence, including any formal minutes of interviews. This opportunity should come reasonably late in the process. The committee members shall take care not to reveal the names of the authors of statements or of individuals involved in particular interviews.

(4) Report. Following the completion of the committee's review, a written report shall be submitted to the administrator who scheduled the review. The report shall contain a description of the process, data collected, and specific recommendations. Following receipt of this report, the administrator who scheduled the review shall evaluate it and forward a copy of the report along with his/her own written comments to the reviewed officer. His/her comments shall also be made available to the members of the review committee. The transmission of the report to the administrator being reviewed should be accompanied by an in-depth oral explanation of the findings. The faculty in the unit of the administrator being reviewed shall receive a timely written report from the administrator who scheduled the review.

(5) Follow up. The administrator who has been reviewed will comment specifically on the progress being made toward fulfilling the plan of action in his or her subsequent annual reports, which will be made available to the faculty of the specific unit.

(6) Legal restrictions. All aspects of the review process must be consistent with the requirements of state and federal law and with university policy.

(7) Review of the procedures. Each review committee is charged with recommending any desirable change in the procedures to the committee on administrative officers.

(E) Composition of review committees.

(1) Provost.

(a) One member of the executive committee of the faculty senate.

(b) Four senior faculty members (including one regional campus faculty member) nominated by the committee on administrative officers.

(c) Two associate provosts or deans chosen from any of the colleges or independent schools.

(d) One department chair/school director.

(2) Dean of the regional college.

(a) One associate provost or dean, chosen from any of the colleges or independent schools.

(b) Three senior faculty members, each faculty member from a different campus under the auspices of the regional college.

(c) One senior faculty member from the Kent campus.

(d) One regional campus dean.

(3) Deans of colleges, independent schools, and regional campuses.

(a) One dean for colleges and independent schools, representative must be a dean of a college or independent school: for regional campuses, representative must be a dean of a regional campus.

(b) Three senior faculty members: representatives must be from the unit; for regional campuses representatives, two are to be from the same campus as the dean and one from another regional campus.

(c) For colleges and independent schools in which there are a significant number of faculty members whose appointment is at the regional campus, as determined by the provost, one representative shall be from the regional campuses.

(d) One senior faculty member: representative must be from outside the unit. In the case of regional campus deans, this representative must be from the Kent campus.

(e) One department chairperson or school director from the unit (if appropriate).

(4) Dean of undergraduate studies.

(a) One associate provost or dean, chosen from any of the colleges and independent schools.

(b) Three senior faculty members, each faculty member from a different college or independent school.

(c) One department chair/school director.

(d) One undergraduate studies professional staff member.

(5) Dean of graduate studies.

(a) One associate provost or dean, chosen from any of the colleges and independent schools.

(b) Three senior faculty members, nominated by the members of the research council, each faculty member from a different college or independent school.

(c) One department chair/school director.

(d) One member of the staff of the office of research and graduate studies.

(6) Dean of the university libraries.

(a) One dean.

(b) Three senior faculty members: representatives must be from library administration.

(c) One senior faculty member: representative must be from outside the unit.

(d) One department chairperson or school director.

(7) Dean of the honors college.

(a) One dean.

(b) Three senior faculty members, who have taught at least two honors courses during the term of the dean under review, nominated by the honors college policy council.

(c) One senior faculty member: representative must be from outside the unit.

(d) One department chairperson or school director.

(F) Selection process guidelines.

(1) The person to be reviewed shall not participate in the selection process. To the extent possible, members of the review committee should have been members of the university for the five years preceding the review of the person to be reviewed.

(2) Faculty from the unit include regional campus faculty so that regional campus faculty belong to two units, one academic and one geographic.

(3) Senior faculty are defined as those with associate or full professorial rank (this requirement may be waived by the provost for review of regional campus deans).

(G) Selection process. Review committee members will be nominated by the following groups and the final selection of the committee will be made from the list of nominees by the administrator conducting the review except that additional members, possibly from outside the university, may be added if, in his/her opinion, they are needed. The number of these additional appointments shall be limited to a maximum of fifty per cent of the committee membership. Should the administrator conducting the review find one or more of the lists of nominees to be unacceptable, that person may return the list(s) in question to the nominating group(s) together with a written explanation of this action and request that a new list(s) be established. The administrator conducting the review shall appoint the chairperson of the review committee.

(1) Faculty members from the unit.

(a) Deans of college, independent school, or library administration. College advisory committee nominates six.

(b) Deans of regional campuses.

(i) Faculty council on the campus nominates four.

(ii) Regional campus faculty advisory council nominates two from other campuses.

(c) Other administrative officers. The regional campus faculty advisory committee will nominate six for the dean of the regional college. In the case of all others, unless specified above, the faculty senate committee on administrative officers will nominate faculty who have involvement with the unit's programming.

(2) Faculty from outside the unit. In each case where the faculty outside the unit are designated, the committee on administrative officers will nominate three senior faculty from outside the unit. These faculty must come from at least two different units.

(3) Department chairpersons or school directors. The chairs and directors council will nominate three chairs and/or directors.

(4) Deans. The academic affairs administrative council will nominate two Kent campus deans or regional campuses, as appropriate.

Last updated August 20, 2025 at 4:52 PM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-05.4 Administrative policy regarding performance management for unclassified employees.

(A) Policy. It is the policy of the university to provide unclassified employees with a performance management system, which includes:

(1) Job descriptions reflecting a full range of responsibilities as well as knowledge, skills and abilities;

(2) Communicated performance standards and goals for the unit;

(3) A performance appraisal process as referenced in paragraph (B) of this rule for assessing an individual's ability to meet the unit's performance standards, perform the job, as well as maintain and acquire knowledge, skills and abilities; and

(4) Recognition opportunities.

(B) Eligibility. This policy applies to all unclassified full-time or part-time employees with an appointment of six months or more.

(1) Align employee performance with unit's and university's mission and goals;

(2) Enable two-way communication regarding job performance and to periodically re-assess goals and opportunities for the unit and the individual;

(3) Establish a mutually-understood set of performance expectations;

(4) Recognize contributions of employees;

(5) Discuss opportunities for growth and development; and

(6) Provide necessary feedback when performance does not meet expectations.

(C) Performance appraisal. The performance appraisal process achieves the university's goals to:

(1) Align employee performance with unit's and university's mission and goals;

(2) Enable two-way communication regarding job performance and to periodically assess goals and opportunities for the unit and the individual;

(3) Establish a mutually-understood set of performance expectations;

(4) Recognize contributions of employees;

(5) Discuss opportunities for growth and development; and

(6) Provide necessary feedback when performance does not meet expectations.

(D) Performance appraisal standards. Performance appraisal standards acknowledge and reaffirm the university's commitment to essential behaviors and values expected throughout the organization. For purposes of maintaining consistency and flexibility, the following standards will apply:

(1) Every unclassified employee will receive a performance appraisal at least once annually.

(2) The appraisal will be in person and summarized in writing, a copy of which is provided to the division of people, culture and belonging for the employee's file.

(3) The appraisal will include a discussion of all of the following, but is not limited to these topics.

(a) Performance over the past year.

(b) Progress on specific goals assigned in the past year.

(c) Identification of competencies (knowledge, skills and abilities) that are particularly noteworthy and those that may be developed.

(d) One to three specific examples of successful outcomes in performance.

(e) Recognition of service to the university that is not normally a function of the job.

(f) Discussion of future goals and expectations.

(g) Discussion of training needs (to perform current job) or developmental needs (to prepare for future assignments or future appointments).

(4) If the unclassified employee has supervisory responsibilities, two additional factors will be added to the review:

(a) The ability to attract, retain, and develop a diverse pool of talent.

(b) The ability to set and meet goals for the unit.

(E) Performance appraisal methodology. Supervisors and employees are encouraged to discuss performance regularly throughout the year, and a written assessment will be completed once per year. Supervisors may use an open interview format, documented in narrative format per the outline as set forth in paragraph (D)(3) of this rule, or select from one of the university's approved formats from the forms library. Any new formats must be reviewed with the division of people, culture and belonging prior to implementation. In addition to the requirements above, the following options are available:

(1) Employees may prepare a self-assessment on their own or at the request of the supervisor.

(2) Employees may submit work product to go with their review.

(3) Employees and supervisors may add criteria to the review process that relate to essential parts of the job such as financial performance, process improvement and project management.

(4) Supervisors may request support from the division of people, culture and belonging to receive a more complete three hundred sixty degree evaluation on their own performance.

(5) Deans may solicit faculty feedback in order to prepare other evaluations using an appropriate format.

(F) Responsibilities. The following shared responsibilities apply to the on-going administration of this policy.

(1) The division of people, culture and belonging: responsible for announcing the review cycle, providing a set of forms, offering training, and monitoring compliance with the review. The division of people, culture and belonging is also available for consultation on performance issues during the review period and during the year.

(2) Managers and supervisors: responsible for maintaining accurate records on performance throughout the year, scheduling in advance the review interview, meeting with the employee and documenting the evaluation interview.

(3) Unclassified employees: responsible for managing their performance throughout the year, monitoring their progress on goals, and identifying areas of improvement in the unit or in their own performance.

(G) Alignment with other university policies and practices. The implementation of the evaluation process is linked with other division of people, culture and belonging processes to integrate the overall strategy for positive employee relations. Timely and appropriate completion of evaluations will assist in future decisions regarding: compensation, employee re-assignments, interim appointments, federal contractor compliance plans, succession planning, and waivers of posting.

(1) The policy of the university to conduct annual performance updates does not constitute a commitment to future employment.

(2) Rule 3342-6-05 of the Administrative Code prevails with regard to the university's right to continue or terminate an appointment.

Last updated August 29, 2025 at 7:52 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-06 University policy and procedures regarding search procedures for major academic administrative officers.

(A) Purpose. The committee on administrative officers is responsible to the faculty senate and other university bodies and offices for ensuring that the search procedures for major academic administrative officers described herein are followed so that each and every vacancy is appropriately filled to ensure proper university operation.

(B) Participation of the committee on administrative officers.

(1) Each search committee is responsible for ensuring the confidentiality of its proceedings. The chairperson of a search committee shall consult with the committee on administrative officers as is consistent with necessary confidentiality.

(2) The committee on administrative officers will have an opportunity to interview all candidates on the final slate of candidates, and all materials on the candidates qualifications will be made available.

(C) Procedures common to all search processes.

(1) The membership of each search committee will be established according to the procedures detailed below for each identified administrative officer. When a vacancy occurs below the level of the president, the appropriate academic administrative officer will consult in a timely manner with the appropriate faculty advisory body or the committee on administrative officers about the search process to be followed, the type of search (e.g. internal or external) and the selection of an acting or interim appointee, if necessary.

(2) Official notification of a vacancy will be sent to the faculty and other appropriate members of the university community by each search committee.

(3) If a designated member of a particular constituency is unable to serve, the committee on administrative officers and the appropriate administrative officer shall arrange for the constituency involved to select a replacement.

(4) The job description shall be prepared for each position. For the position of the president, this will be prepared by the board. For each of the other academic officers, it will be prepared by the academic officer and the next higher academic officer. Any job description must be approved by the president.

(5) Early in the search proceedings, the committee on administrative officers shall invite suggestions for criteria for the candidates for the position as well as nominations from the full faculty and shall in other ways be responsive to faculty opinion in formulating recommendations to be communicated by representatives.

(6) The chairperson of the search committee or his/her designee will be responsible for advertising the position in appropriate publications, for circulating announcements of the opening to whatever other groups may produce interested candidates, in particular groups concerned with fair employment practices, and in general for inviting submissions of candidacy.

(7) The appropriate administrative office shall be responsible for supplying the secretarial assistance and the office space and equipment needed by the search committee.

(8) The search committee, at the end of its deliberations and through a method worked out by itself, shall produce a slate of no fewer than three and no more than five acceptable candidates for the position, arranged necessarily but possibly in order of preference. The committee shall maintain in reserve a second slate of up to five acceptable candidates that may be drawn upon to fill out the complement of the first slate in the event that at any time there remain fewer than three candidates actively interested in the post. In the event that none of the candidates forwarded by the search committee is ultimately appointed to fill a vacancy below the level of president, the appropriate academic officer will communicate to the search committee the reasons for the decision and the proposed next steps in filling the vacant position.

(9) From this final slate of three to five active candidates the president shall make the selection and present it for confirmation to the board. In the case of a search for the president, the search committee shall submit its final slate directly to the board.

(D) Search committee procedures.

(1) Search committee for president.

(a) Composition of the search committee. Since the president of the university as the chief administrative officer must work must work with all constituencies of the institution, it is desirable for the search procedure leading to the appointment to have very wide representation. Nevertheless, all members of a search committee represent the interests of the university as a whole, not merely those of a constituency. A search committee for president should include members from:

(i) The board of trustees;

(ii) The faculty, including chairpersons;

(iii) Administration;

(iv) Students, both undergraduate and graduate;

(v) Alumni:

(vi) And such others as the board may deem necessary at the time.

(b) Proportion. The committee membership should be as nearly as possible as follows:

(i) Two board members;

(ii) Four faculty, including one regional campus faculty member;

(iii) Two members of the administration, including one academic dean;

(iv) One undergraduate and one graduate student; and

(v) One alumnus/alumna.

(c) The board will select its members by whatever means it thinks appropriate. It will also select the chairperson of the committee and appoint a staff person to handle collection of material and correspondence.

(d) Student members shall be the authorized person to represent the undergraduate student senate and the chairperson of the graduate student senate or designee.

(e) The alumni member shall be the president of the alumni association or designee.

(f) Faculty members on the search committee shall include the chairperson of the faculty senate, two other faculty members selected by the committee on administrative officers, and a regional campus faculty person selected by the regional campuses faculty advisory council.

(g) The members from the administration will be selected by the president s cabinet.

(2) Search committee for provost.

(a) Composition of the committee. The membership of the search committee should consist of at least fifty per cent faculty. Faculty members should be selected to reflect a balance among the units within the academic community and coordinated with the selections of the vice presidents and deans.

(b) Proportion. The committee membership should be as nearly as possible as follows:

(i) Six faculty members, including one regional campus faculty member and one departmental chairperson;

(ii) One vice president;

(iii) One academic dean;

(iv) One undergraduate and one graduate student.

(v) And such others as the president may deem necessary at the time.

(c) Selection.

(i) Faculty members on the search committee shall be selected by the committee on administrative officers.

(ii) The vice president shall be selected by the president s cabinet.

(iii) The academic dean shall be selected by the academic administrative council (AAC).

(iv) The regional campus faculty representative shall be selected by the regional campuses faculty advisory council.

(v) Student representatives shall be selected by the undergraduate student senate and the graduate student senate respectively.

(d) Chairperson of the search committee. The chairperson of the search committee shall be selected by the president after the total membership of the search committee has been identified.

(3) Search committee for Kent campus deans.

(a) The faculty senate committee on administrative officers and the provost's office will share the responsibility for creating a decanal search committee that is committed to the purposes of the search, to the values of the university and to effective productivity in terms of its charge.

(b) Composition of the search committee. The membership of the search committee shall consist of at least fifty per cent faculty. Faculty members should be selected to reflect a balance among the departments or schools represented in the academic unit.

(c) Proportion. The committee membership should be as nearly as possible as follows:

(i) Five faculty members from the academic unit, including one regional campus faculty member affiliated with the academic unit;

(ii) One departmental chairperson or school director, if appropriate.

(iii) One faculty member from outside the academic unit;

(iv) One academic dean, vice provost, or associate/assistant provost;

(v) One undergraduate and one graduate student, if appropriate;

(vi) And such others as may be deemed necessary at the time by the collaborating parties.

(d) Selection.

(i) The provost and other appropriate administrators will communicate with the appropriate faculty bodies to identify and describe the particular needs for representation on the decanal search committee. The committee on administrative officers will communicate with the appropriate faculty bodies in order to determine and represent the interests of the faculty with respect to search committee membership.

(ii) Search committee members will be nominated by the following groups. The committee on administrative officers and the provost will collaborate on the final selection. The provost may propose additional members for selection in consultation with the committee on administrative officers if, in his/her opinion, they are needed, and the committee on administrative officers may propose additional members for selection in consultation with the provost if, in its opinion, they are needed.

(iii) The relevant faculty bodies and administrative bodies will nominate the following stipulated number of potential search committee members.

(a) Six faculty members from the academic unit will be nominated by the appropriate faculty advisory committee. If the academic unit does not have an established faculty advisory committee (e.g., continuing studies, undergraduate studies, etc.) the committee on administrative officers will communicate with appropriate faculty members in order to represent the interest of the faculty with respect to search committee membership. The committee on administrative officers will then nominate six faculty. Four will be selected per paragraph (D)(3)(b) of this rule when applicable.

(b) The chairs/directors of the unit will nominate three chairs/directors in the unit. In the case where the unit has no chairs or directors, then the chairs and directors council will be asked for three nominations. [one selected];

(c) The committee on administrative officers will nominate three faculty from outside the academic unit. These faculty must come from two different units. [one selected].

(d) The academic administrative council will nominate three members (an academic dean or assistant/associate/vice provost). [one selected].

(e) The regional campuses faculty advisory council will nominate three regional campus faculty affirmed with the academic unit. [one selected].

(f) The appropriate student advisory bodies will nominate three student representatives each. [one selected from each advisory body; two students].

(g) Chairperson of the search committee. The provost shall consult with the committee on administrative officers in the selection of a chairperson after the total membership of the search committee has been identified.

(4) Search committees for vice provosts and for vice presidents reporting to the provost.

(a) The faculty senate committee on administrative officers and the provost's office will share the responsibility for creating a search committee and that is committed to the purpose of the search, to the values of the university and to effective productivity in terms of its charge.

(b) Proportion. The committee membership should be as nearly as possible as follows:

(i) Five faculty members, including one regional campus member;

(ii) One departmental chairperson or school director;

(iii) One academic dean, vice provost, or associate/assistant provost;

(iv) One administrative staff member from a department reporting to the academic officer;

(v) One undergraduate and one graduate student, if appropriate;

(vi) And such others as may be deemed necessary at the time by the collaborating parties.

(c) Selection. The provost and other appropriate administrators will communicate with the appropriate faculty bodies to identify and describe the particular needs for representation on the decanal search committee. The committee on administrative officers will communicate with the appropriate faculty bodies in order to determine and represent the interests of the faculty with respect to search committee membership.

(i) Search committee members will be nominated by the following groups. The committee on administrative officers and the provost will collaborate on the final selection. The provost may propose additional members for selection in consultation with the committee on administrative officers if, in his/her opinion, they are needed, and the committee on administrative officers may propose additional members for selection in consultation with the provost if, in its opinion, they are needed.

(ii) The relevant faculty bodies and administrative bodies will nominate the following stipulated number of potential search committee members:

(a) The committee on administrative officers will nominate six faculty. [Four will be selected per paragraph (D)(4)(b) of this rule].

(b) The chairs and directors council will be asked for three nominations. [one selected].

(c) The academic administrative council will nominate three members (an academic dean or assistant/associate/vice provost). [one selected].

(d) The regional campuses faculty advisory council will nominate three regional campus faculty. [one selected].

(e) Three administrative staff members will be nominated by the provost. [one selected].

(f) The appropriate student advisory bodies will nominate three student representatives each. [one selected from each advisory body; two students].

(g) Chairperson of the search committee. The provost shall consult with the committee on administrative officers in the selection of a chairperson after the total membership of the search committee has been identified.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-07.2 Administrative policy regarding the compensation plan for classified civil service staff who are not in a recognized bargaining unit.

(A) In accordance with section 3345.31 of the Revised Code, the board of trustees of the university established a new compensation plan for classified civil service staff who are not in a recognized bargaining unit. Effective June 30, 1991, the classification and pay of all covered employees is determined in accordance with the policies and procedures described herein and in the relevant rules of Chapter 3342-6 of the Administrative Code. These policies and procedures define the operation of the compensation plan for covered employees at the university and supersede any and all other classification and pay provisions and understandings, implied or otherwise.

(B) Compensation objectives. It is the intent of the university to maintain a compensation plan which:

(1) Identifies the essential job duties and responsibilities of positions through written classification specifications.

(2) Determines the relative value of classification and positions based on standardized compensable factors.

(3) Assigns classifications relative to internal equity based upon the demands and requirements of positions.

(4) Establishes pay levels which are competitive in the university's defined labor market and recruiting area.

(5) Administers pay in accordance with applicable governmental statutes, rules, and regulations.

(6) Recognizes the need to maintain personnel costs within limits necessary to ensure continued financial stability of the university.

(C) Administrative responsibility. The administration of the compensation plan is the responsibility of the personnel department; however, ultimate authority and responsibility for the university's compensation objectives, pay structures, and policies rests with the university board of trustees. Major revision in the compensation plan must be approved by this group.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-07.3 Administrative policy and procedures regarding the classification plan for classified civil service staff who are not in a recognized bargaining unit.

(A) The associate vice president for the division of people, culture and belonging shall assign all classified civil service employees who are not in a recognized bargaining unit to a classification in the university classification plan for classified civil service staff.

(B) A list of classification titles and a classification specification for each classification included in the university classification plan are maintained by the compensation department. The classification specifications document the basic function and responsibility, characteristics job duties, reporting relationships, working conditions, and qualifications for each classification.

(C) Each classification is assigned a four digit code. Related classifications, which may form a career progression, are grouped into a classification series. The first three digits of the classification code denote the classification series to which a classification is assigned.

(D) The associate vice president for the division of people, culture and belonging establishes and maintains a comprehensive job evaluation plan. A single point-factor evaluation assessment is used to determine the overall value of each classification and position in relation to other classifications and positions. The evaluation plan includes eleven significant factors used to determine the value of jobs. The eleven factors are:

(1) Knowledge required;

(2) Experience required;

(3) Freedom of action;

(4) Mental complexity;

(5) Impact of actions;

(6) Internal contacts;

(7) External contacts;

(8) Supervision exercised;

(9) Physical effort;

(10) Physical work environment;

(11) Interpersonal work environment.

(E) The associate vice president for the division of people, culture and belonging determines, or his/her designee, may initiate and make continuing audits, inspections, and investigations of classified positions. When the associate vice president for the division of people, culture and belonging determines that a position is improperly classified, the position will be reallocated to the proper classification within the compensation plan.

(F) Following implementation of the classification plan contained herein, no classified employee shall be reduced by reassignment to a classification with a lower pay grade or to a lower compensation rate. However, voluntary written agreement by an employee to a demotion or reduction shall be considered a satisfactory basis for such action, subject to approval by the associate vice president for the division of people, culture and belonging.

(G) Newly created positions may be assigned to a classification and pay grade by the associate vice president for the division of people, culture and belonging before the position can be filled. To initiate the classification of a new position, a position description questionnaire (PDQ) must be completed and submitted, with all the required signatures, to the personnel department, in accordance with the procedures described in paragraph (I) of this rule and the Administrative Code.

(H) Once a position has been classified, it will remain in that classification unless there are substantial changes in the requirements and responsibilities imposed on the position. It is the responsibility of each department head to ensure employees function within the expectations of their assigned duties and responsibilities of a classified position, to the extent that it would impact upon the classification assignment of a position, is delegated to each respective vice president/provost. No dean, director, department head or supervisor shall assign duties and responsibilities justifying a pay grade higher than the current pay grade without prior written approval from the appropriate vice president/provost.

(I) If substantial changes do occur, the incumbent or department head may initiate a request for a classification review in accordance with the procedures described below. Such a request for a classification review in accordance with the procedures described below. Such request may not be submitted more than once every twelve months for the same position. Classification reviews will not be performed on positions of probationary incumbents or incumbents for which layoff or displacement is under consideration.

(J) Procedures for requesting a classification review:

(1) A request for a classification review must be submitted to the compensation unit with a completed position description questionnaire (PDQ). The content of the position description questionnaire (PDQ) must be certified by the incumbent and the supervisor, and routed for a review and signature by other administrative supervisors in the reporting channel up to and (including the vice president/provost) before it is submitted to the compensation unit. If the position is vacant, it is the responsibility of the supervisor to complete, certify the content, and route the position description questionnaire (PDQ).

(2) Upon receipt of the completed position description questionnaire (PDQ), including all appropriate signatures, a notice will be sent to the department head/college dean and executive officer to whom the position is charged. The compensation unit then will conduct an audit and evaluation of the position. After gathering any supplementary data necessary to achieve a detailed understanding of the position, which may include telephone or on-site interviews with the incumbent and supervisor(s), the position will be evaluated in conformity with the job evaluation plan. The position will be assigned to the most appropriate classification as indicated by the information and statements submitted regarding duties currently performed.

(3) The audit and evaluation process shall be completed when the associate vice president for the division of people, culture and belonging approves the classifications assignment and written notification of the result is sent to the department head and the incumbent (if applicable). If the audit indicates a need to reclassify the position, a summary will be delivered to the executive officer to whom the position is charged.

(4) Upon receipt of the audit summary, the executive officer to whom the position is charged will either approve the position reclassification or not approve the position reclassification. If the executive officer approves the position reclassification, the effective date will be the first day of the pay period immediately following written notification of the classification change. In such case that the position reclassification is not approved, the employee will be paid for work conducted and returned to the established position for which they are currently classified. A written outline will be issued by the compensation unit detailing those duties currently being undertaken by the employee that must be eliminated so as to conform with the current classification.

(K) Appeals process:

(1) Should the incumbent disagree with the classification decision by the compensation unit, a written appeal may be submitted to the classification appeals committee. The appeal must be signed by the incumbent, and received by the associate vice president for the division of people, culture and belonging within ten working days of the issuance of the written notification. However, the incumbent cannot appeal the their executive officer's decision to not approve the position reclassification, as set forth in paragraph (J)(2) of this rule.

(2) The classification appeals committee will meet as necessary to consider appeals. The committee will consist of five to seven members selected and appointed by the vice president for the division of people, culture and belonging from the university's classified civil service and unclassified administrative staff. The committee will be chaired by the manager of compensation or his/her designee.

(3) An employee with a pending appeal will be notified when the classification appeals committee will meet, and will have opportunity to submit factual job information for the committee's consideration.

(4) The classification appeals committee will either reaffirm the classification assigned or forward to the associate vice president for the division of people, culture and belonging a recommendation specifying the basis of fact and judgment upon which the committee considers the results of the classification review to be erroneous.

(5) The associate vice president for the division of people, culture and belonging will consider the action of the committee and notify the affected parties of his/her decision. The effective date of an appeal determination will remain the first day of the pay period immediately following the date of the original letter of notification.

(6) An incumbent whose appeal has been denied through the university appeal process may submit an appeal to the state personnel board of review within thirty calendar days after receiving notice of the results of the university appeal process.

Last updated August 29, 2025 at 7:52 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-07.4 Administrative policy and procedures regarding the hourly pay schedule for classified civil service staff who are not in a recognized bargaining unit.

(A) Kent state university uses a pay grade structure to establish appropriate compensation parameters for classifications. Each classification is assigned to a pay grade in the hourly pay schedule for classified civil service staff. The hourly pay schedule consists of pay grades, each with a minimum and maximum rate. The minimum is the established rate for an employee starting in a new job. The maximum is the highest rate the university currently allocates for each classification.

(B) The pay structure is designed to recognize appropriate competitive practices and internal equity considerations for the university. The effectiveness of the pay schedule will be reviewed at regular intervals by the compensation department. Necessary adjustments will be made, subject to subsequent approval, in order to ensure the pay schedule remains sufficiently competitive within the appropriate labor markets to facilitate effective recruitment, retention, and motivation of classified staff.

(C) The payroll schedule for all employees paid according to this policy is biweekly, with amounts computed on an hourly basis.

(D) Hiring pay rates.

(1) A new employee will be hired at the minimum rate established for the pay grade of his/her classification unless otherwise provided in this policy.

(2) If the university is unable to recruit sufficient qualified employees at the minimum rate for a particular classification, the compensation department may advertise an increased starting rate of pay for a particular classification. The increased starting rate cannot exceed the established minimum rate by more than fifteen per cent.

(a) Any increase in the starting rate above the minimum rate must be approved by the compensation department prior to posting the position.

(b) An increase in the starting rate of classification may be limited to the university Kent campus or to one or more regional campuses. Decisions may be made on a geographical basis and will affect only those campuses designated in the posting.

(c) If a starting rate is increased for a classification, all incumbents in that classification employed at the affected campus, who are paid at a lesser hourly rate of pay, shall be advanced in pay to a rate equal to the new starting rate.

(E) Pay maximums. The maximum rate of pay is the upper limit for the classification(s) assigned to a pay grade. An employee's hourly rate of pay normally shall not exceed the maximum of the pay grade assigned to his/her classification except as provided herein. If, upon implementation of a new compensation plan, an employee's existing rate of pay exceeds the maximum rate for his/her classification, the employee's rate is "red circled."

(F) Pay adjustments. The need for and amount of a general pay adjustment for employees covered by this policy or for adjustment in the pay schedule, will be assessed by the university on an annual basis. Pay adjustments will be determined by the board of trustees. When approved, all employees covered by this policy will receive general pay adjustments normally applied to the employees' base pay.

(G) Impact on pay as a result of changes in compensation plan or classification.

(1) When an employee is reassigned to a different classification title and/or pay grade as the result of the implementation of a new compensation plan, or a revision in the compensation plan, the following will apply:

(a) No employee will receive a reduction in hourly rate as a result of implementation or revision of the university compensation plan.

(b) When an employee's hourly rate of pay is below the minimum rate for the newly assigned pay grade, the employee's hourly rate will be adjusted to the minimum of the new pay grade.

(c) When an employee's hourly rate is above the established maximum rate for the newly assigned pay grade, the employee's rate will be "red-circled" in accordance with paragraph (E) of this rule and of the Administrative Code.

(2) When an employee is promoted or reassigned, as a result of a reclassification review, to a classification in a higher pay grade, the employee's hourly rate of pay will be increased to the minimum hourly rate of pay for the new pay grade or to a rate five per cent above the employee's current hourly fate, whichever is greater, but not exceeding the maximum rate of the new pay grade.

(3) When an employee is demoted, reassigned, or assigned to a classification in a lower pay grade, the employee's hourly rate of pay shall be adjusted to a wage rate within the pay range of the lower pay grade deemed appropriate by the compensation department.

(4) When an employee is transferred, assigned, or reassigned to a position or classification i the same pay grade, the employee's hourly rate of pay will not be affected.

(5) When an hourly employee in the unclassified service is appointed to a position in the classified service, the employee's hourly rate of pay in the new position shall be determined in the same manner as if he/she had been is the classified service.

(6) The effective date of pay changes, as a result of classification changes, shall be determined by the compensation department, unless provided otherwise in this policy.

(H) Exempt/non-exempt status. All employees paid according to this policy shall be considered non-exempt form wage and hour overtime requirements described in rule 3342-6-07.9 of the Administrative Code unless specifically exempted from coverage by the compensation department. The compensation department may designate as exempt from these overtime provisions, specific positions that meet the exemption requirements defined in the Fair Labor Standard Act.

(I) This policy is effective for all determinations made on or after September 1, 2009.

Last updated September 15, 2025 at 7:42 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-07.9

(A) Purpose. The university will pay eligible employees who work outside their regular work schedule fairly and equitably and in compliance with the Fair Labor Standards Act.

(B) Eligibility. This policy applies to university employees not covered by existing collective bargaining agreements and codifies the pay practices associated with working overtime. Those employees who are members of recognized units for collective bargaining purposes will be governed by the provisions of formal agreements between the recognized bargaining agent and the university. This policy does not apply to unclassified exempt employees, including full- and part-time faculty and exempt hourly staff.

(C) Procedures.

(1) Overtime. The standard work week for full-time non-exempt university employees shall be forty hours. When a non-exempt employee is required by his/her supervisor to be in active pay status for more than forty hours in any calendar week, the employee shall be compensated for such time over forty hours at one and one-half times the employee's rate of pay.

(a) All overtime must be authorized by the properly designated administrative authority. Unless an employee has specific approval to work outside their normal work schedule, the employee is requested to work overtime by the supervisor, that time must be recorded through the normal timekeeping process.

Overtime registered on a timecard must be approved by the supervisor in order to be considered for payment. By approving the entry, the supervisor acknowledges that the time was worked by the employee in carrying out the operation of the department.

(b) The overtime rate will be one and one-half times the employee's established hourly rate, including applicable pay supplements.

(c) Non-exempt employees who work overtime will receive overtime pay at the conclusion of the next succeeding pay period unless the employee has submitted a request to take compensatory time off.

(2) Compensatory time off. An employee who is entitled to overtime pay may choose to take compensatory time off in lieu of cash payment, providing the employee makes such a request through the normal timekeeping process during the week in which the overtime is worked. An employee who does not promptly indicate a desire to take compensatory time off will automatically receive overtime pay.

(a) Compensatory time will be granted at the rate of one and one-half hours of time off for each hour of overtime worked. Compensatory time may be accrued up to a maximum of one hundred twenty hours (eighty hours of overtime actually worked). When an employee exceeds this maximum accrual rate, any additional overtime hours will be automatically paid at the conclusion of the next succeeding pay period at the rate of one and one-half time the employee's rate of pay.

(b) An employee may request payment for compensatory time even if the maximum accrual rate has not been reached. The accrued compensatory time will be paid at the employee's regular hourly rate of pay at the time of the payout.

(c) Compensatory time off must be taken at a time mutually convenient to both the employee and the supervisor. A non-exempt employee must request compensatory time off using the university leave request form. Such request is subject to the approval of the department supervisor and will normally be granted unless the absence disrupts or places undue hardship on departmental operations. All accrued compensatory time must be used before an unpaid personal leave of absence is granted.

(d) All accrued compensatory time will be paid to an eligible employee upon termination of employment at the employee's regular rate of pay at termination.

(e) Compensatory time may not be used during any scheduled work period in order to earn overtime, holiday pay or additional compensatory time or in any other way that has the effect of compounding pay.

(3) Overtime for hours worked on a holiday. When an employee is required by his/her supervisor to work on a day observed as a holiday, the employee shall be entitled to pay for such time worked at one and one-half times his/her total hourly rate of pay, in addition to any eligible holiday pay.

(4) Call-back pay. An employee is eligible for call-back pay when directed by his/her supervisor to report for work and all the following conditions apply:

(a) There is not a prearranged schedule.

(b) The time is not immediately preceding or following the regular work schedule.

(c) Extenuating or emergency circumstance requires the immediate services of an employee.

(d) The employee shall receive a minimum of four hours of pay at his/her regular hourly rate. Total hours over forty shall be compensated in accordance with the overtime provisions.

(5) The university may designate as exempt from these overtime provisions specific positions, the duties of which are executive, administrative or professional in nature. The standards that are established for exemption must be fully satisfied and verified by the compensation office in order for an employee to qualify for exempt status.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-07.6 Administrative policy regarding supplemental pay for classified and unclassified hourly civil service staff.

(A) Purpose. The university authorizes the compensation office to oversee a supplemental pay program in order for the university to be responsive to organizational needs and changing circumstances. While it is not the practice of the university to assign employees work that is outside of their classification, this policy enables the university to pay classified employees for the purposes listed in the this policy, while maintaining the integrity of the classification and salary administration plans.

(B) Eligibility. All nonrepresented classified and unclassified hourly civil service staff are eligible.

(C) Procedure.

(1) Basis for supplemental pay. Following consultation with the compensation office, managers may recommend supplemental pay for the purposes listed in this rule.

(a) Temporary working level pay adjustment. Whenever an employee is required to perform duties not indicated in the classification specification for the employee's position, but representative of a classification with a higher pay grade assignment, normally because of a temporary absence or vacancy, and such assignment is for a continuous period of more than two weeks, but less than six months in any twelve month period, the employee shall be eligible for a temporary working level pay adjustment. The employee's current classification title will not be affected by this supplemental. The temporary working level pay adjustment may result in a rate of pay exceeding the maximum for the pay grade of the employee's current classification. This supplement shall increase the employee's hourly rate of pay to the greater of:

(i) The minimum hourly rate of pay for the higher level position;

(ii) A percentage increase above the employee's current hourly rate (not to exceed the maximum of the pay grade of the higher classification) as recommended by the department head in consultation with the compensation office.

(b) Skill/knowledge-based adjustment. When a particular position requires a proficiency such as a foreign language, Braille, or sign language, or requires a specific, measurable or certifiable knowledge or skill, it may be appropriate to recognize employees who satisfy the particular requirement with a continuing pay supplement.

(i) This supplemental pay may increase the employee's hourly rate of pay as recommended by the department in consultation with the compensation office and appropriate executive officer.

(ii) Earning will be determined through consultation with the compensation office and based on the complexity of the skill/knowledge, market information, and budgetary issues. The employee will be eligible for this ongoing adjustment to his/her base rate of pay for as long as those circumstances remain.

(c) Adjustment for additional complexity of assignment. There may be times when an employee is required to perform duties within the employee's classification but work in circumstances that place additional complexity in the employee's work making the employee eligible for supplemental pay. The amount of the pay adjustment will be determined by recommendation of the department head in consultation with the compensation office and the approval of the appropriate executive officer.

(i) The employee will be eligible for this ongoing adjustment to his/her base rate of pay for as long as those circumstances remain. These circumstances are expected to be ongoing rather than temporary in nature (e.g. to cover a co-worker's scheduled vacation.). Examples of such circumstances are:

(a) An assignment that requires the employees to perform the same job or type of work for two or more units. While the essential position responsibilities remain the same, the increase is for coordination of activities and additional breadth and scope of responsibilities.

(b) An assignment that requires the employee to perform the core duties of his/her current classification plus varied duties of other classifications at the same or higher pay grade, but not substantial enough to warrant reclassification.

(d) Recognition of achievement. A one-time lump-sum payment may be made to an employee to recognize the successful accomplishment of a significant, but temporary project. The amount will not be included in the employee's base rate of pay, nor be considered when applying any type of increase percentage to the base rate of pay. Overall performance will be considered before this type of payment is made.

This process must involve a written recommendation and consultation with the compensation officer. The vice president for the division of people, culture and belonging and the appropriate executive officer must approve any payment of this type in advance before the payment is processed and the amount communicated to the employee.

(2) Supplemental pay will be determined and awarded according to the following guidelines:

(a) The requesting unit will submit a "Supplemental Pay for Classified Employee Request Form" to the vice president for the division of people, culture and belonging.

(b) Requests must be submitted in a timely manner and in cases of paragraphs (C)(1)(a), (C)(1)(b), and (C)(1)(d) of this rule, be reviewed with the compensation office prior to assigning a classified employee any work that is not consistent with the employee's classification.

(c) Normally, the amount of supplemental pay will be calculated as a percent of the regular hourly rate, rounded to the nearest whole cent except where a one-time lump-sum payment may be appropriate.

(d) The supplemental pay amount will not become part of the employee's base pay rate.

(e) All payments are subject to the appropriate taxes and other payroll deductions.

Last updated August 29, 2025 at 7:53 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-07.7 Administrative policy regarding employees paid on a salary basis.

(A) Purpose. It is the university's intent to comply with all requirements of the Fair Labor Standards Act (FLSA). All supervisors and managers, therefore, are only authorized to make proper deductions from the salaries of exempt employees. Furthermore, it is also the university's intent to inform employees of this policy and ensure them that the university does not allow deductions that violate the FLSA.

(B) Eligibility. The policy applies to all unclassified full-time salaried employees who are paid on a salary basis. Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period.

(C) Implementation.

(1) The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee's work. Subject to exceptions listed below, an exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked.

(2) Exempt employees do not need to be paid for any workweek in which they perform no work.

(3) If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.

(4) Deductions from pay. Examples of circumstances in which the university may properly make deductions from pay include the following:

(a) For absences from work for one or more full days for personal reasons other than sickness or disability.

(b) For absences for one or more full days due to sickness or disability if the deduction is made in accordance with rule 3342-6-11.3 or 3342-6-11.1 of the Administrative Code.

(c) To offset amounts employees receive as jury or witness fees in accordance with rule 3342-6-11.5 of the Administrative Code.

(d) For military pay in accordance with rule 3342-6-11.6 of the Administrative Code.

(e) For unpaid disciplinary suspensions imposed in good faith for workplace conduct rule infractions.

(f) In the initial or terminal week of employment, if the employee does not work the full week.

(g) For penalties imposed in good faith for infractions of safety rules of major significance.

(h) For weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act. In these circumstances, either partial day or full day deductions may be made.

(5) Improper deductions. If an employee believes that an improper deduction has been made from his/her salary, the employee should immediately report this information to his/her direct supervisor, or contact the records office to initiate a review. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee will be promptly reimbursed for any improper deductions made.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.1

(A) Policy. It shall be the policy of the university to provide paid sick leave for its employees in accordance with the provisions of sections 124.38 and 124.39 of the Revised Code.

(B) Crediting and charging of sick leave.

(1) Salaried full-time employees earn sick leave at a rate of one and one-quarter day (ten hours) for each completed month of eligible service, which shall accrue on a bimonthly basis. Part-time employees earn sick leave at a rate proportionate to the percentage of full-time eligible service.

(2) Hourly full-time employees earn sick leave at a rate of 4.64 hours per completed pay period. Part-time hourly employees earn sick leave at a comparable rate proportionate to the percentage of full-time eligible service.

(3) Sick leave credit is also earned any time an employees is in active pay status on sick leave or vacation. This means that employees who are on sick leave, vacation, or any other type of paid leave, excluding paid parental leave and donated leave, will continue to accrue sick leave.

(4) Full-time salaried employees cannot accrue more than ten hours of sick leave in a given month, even if they work more than regular full-time hours or accept more than a full-time workload in that month. Likewise, part-time salaried employees and all hourly employees (whether full-time or part-time) cannot earn additional sick leave beyond their normally prescribed amounts, even when they work beyond their regularly prescribed hours.

(C) Utilization.

(1) Sick leave is charged in minimum units of fifteen minutes and should be recorded in the appropriate timekeeping system. Employees are only charged for sick leave days in which they are otherwise scheduled to work.

(2) A continuous period of sick leave commences with the first day of absence and includes all subsequent work days (excluding legal holidays) until the employee returns to work. No more than five days of sick leave or forty hours shall charged against any employee during any seven-day period.

(3) Sick leave will be granted to employees, upon approval of the appointing authority, for the following reasons:

(a) Illness or injury to the employee;

(b) Illness or injury to a member of the employee's immediate family for whom the employee will provide care;

(c) Death of a member of the employee's immediate family;

(d) Medical, dental or optical examination or treatment of the employee or a member of the immediate family;

(e) When, through exposure to a contagious disease, the employee's presence on the job would jeopardize the health of the employee and/or others; and

(f) Disability due to pregnancy and/or childbirth and related conditions.

(4) Definition of "immediate family": parent, step-parent, foster parent, sibling, step-sibling, foster-sibling,, child, step-child, foster child, spouse, domestic partner, grandparent, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, or sister-in-law.

(5) Sick leave granted by reason of death in the immediate family will not exceed five working days.

(6) Where conditions warrant, a limit of five days may be allowed for the care of the employee's spouse or child during the post-natal period.

(7) An employee who becomes eligible for workers' compensation payment for their absence may choose to use sick leave before such payments are made.

(D) Reporting and recording.

(1) For all foreseeable sick leave absences, a request must be submitted to the employee's supervisor as far as possible in advance of the date the leave is to begin. If the need for leave is not foreseeable, the employee must provide notice as soon as possible.

(2) If an employee takes sick leave, their supervisor or unit leader may work with the benefits department to obtain documentation that verifies the need for the leave. This documentation may include, but is not limited to, a physician's certificate. The specific reason for the sick leave will remain confidential and will not be shared with the employee's department.

(3) Sick leave records will be retained by human resources records, and academic personnel as applicable, and will be available for review by the employee during normal working hours.

(4) Employees who fail to comply with the university's rules and regulations regarding sick leave may be subjected to disciplinary action and may not be paid for sick leave days requested. Employees who apply for sick leave with intent to defraud or who provide fraudulent documentation to support their use of sick leave shall be dismissed from employment, and shall refund the university any salary or wage paid during such sick leave.

(E) Transfer of sick leave credits. An employee who transfers from one public agency to another, is reappointed or reinstated, or transfers from one state department to another shall, upon reentering and submitting certified evidence of accumulated sick leave, be credited with the unused balance of accumulated sick leave, provided the time between separation and reappointment does not exceed ten years. The words "public agency" as used above include the state, counties, municipalities and all board of education within the state of Ohio. The amount of sick leave transferred to state service shall not be greater than the maximum accumulation that would have been allowed if all public employment had been in the state service.

(F) Conversion of sick leave upon retirement or death. .

(1) Upon retirement from university employment, or death (but not upon any other separation from employment), eligible employees (or, in the case of death, the employee's beneficiaries) may elect to receive payment for one-fourth of the employees accrued but unused sick leave with a maximum of two hundred forty hours.

(2) To be eligible, employees must be in active service for the university at the time of their retirement/death and must have ten or more years of service with the university, state of Ohio, and/or any of Ohio's political subdivisions.

(3) Upon accepting such payment, all of the employees' sick leave credit accrued up to that date will be eliminated and will not be returned if the employee is subsequently reemployed by the university or in other state service.

(4) Such payment will be made only once to any employee. That is, an employee who returns to university or other state service after retiring may accrue and use sick leave as before, but may not convert the unused sick leave at the time of a second separation from the university.

(G) The cash conversion of unused sick leave credit upon the death of an employee who meets the criteria, shall be paid in accordance with section 2113.04 of the Revised Code (release of decedents' wages without administration), or to the estate of the decedent.

Last updated September 15, 2025 at 7:43 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.5

(A) The university shall grant leave with full pay to an employee who:

(1) Is summoned for jury duty by a court of competent jurisdiction, or

(2) Is subpoenaed to appear before any court, commission, board or other legally constituted body authorized by law to compel the attendance of witnesses, where the employee is not a party to the action.

(B) Any compensation or reimbursement for jury duty or for court attendance compelled by subpoena, when such duty is performed during and employee's normal working hours, shall be remitted by the employee to the treasurer of the university.

(C) Approval for court leave shall be requested in writing by the employee, supported by a copy of the appropriate court document.

(D) Any employee who is appearing before a court or other legally constituted body in a matter in which he is a party may be granted vacation time or leave of absence without pay. Such instances would include, but are not limited to, criminal or civil case, traffic court, divorce proceedings, custody hearings, or appearances as directed as a parent or guardian of a juvenile.

(E) An employee who is the appellant in any action before the state personnel board of review and is in active pay status at the time of a scheduled hearing before the board shall be granted court leave with full pay for purposes of attending the hearing.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.6

(A) Purpose. It is a university priority that reasonable effort will be made to ensure that faculty and staff members called to serve in military duty will be treated fairly regarding arrangements for leaves of absence. It will be the policy of the university to ensure smooth transitions for faculty and staff called to assume active military responsibilities. Units on all campuses should work diligently to respond with concern and care for the individual situation in accordance with federal and state statute, university policies, and collective bargaining agreements regarding leaves and employment.

(B) Criteria/scope.

(1) Each member of the university who is a member of the Ohio national guard, the Ohio defense corps, the Ohio naval militia, or a member of any other reserve component of the armed forces of the United States, shall be granted leave of absence from his or her respective duties without loss of pay for such time as he or she is in the military service on field training or active duty for periods not to exceed thirty-one days in any one calendar year. Per Ohio statute the following applies:

(a) The maximum number of hours for which payment can be made in any one calendar year is twenty-two days or one hundred seventy-six hours.

(b) The service does not have to be for one continuous period of time.

(C) Military leave due to regular call-up.

(1) Regular call-up for one month or less.

(a) For military call-ups of one month or less, individuals are entitled to receive leave with pay for up to twenty-two days or one hundred seventy-six hours for each calendar year.

(b) Medical, prescription, dental, vision and retirement benefits are continued for the individual and covered dependents as if the individual was not on leave.

(2) Regular call-up exceeding one month.

(a) For military call-ups that exceed one month, individuals are entitled to receive leave without pay for up to a maximum of five years.

(b) Employes on active duty may elect to use the military health care system or may continue existing university medical, dental and vision coverage for the duration of the call-up period. The cost of coverage will remain the same as if the individual were not on leave. Upon return from military leave, employees are entitled to reenroll in university health benefits without any waiting period.

(c) Retirement contributions to state systems are not required during the period of military leave. Individuals may purchase military service time in accordance with the rules of their respective public retirement systems (OPERS, STRS). Purchasing military service time is not available for Alternative Retirement Plan (ARP) participants.

(D) Military leave due to presidential or congressional order.

(1) For call-ups of one month or less, pay and benefits entitlements are the same as for a regular call up.

(2) For call-ups that exceed one month:

(a) The university will provide the employee with a monthly pay differential equal to the difference between the current gross monthly wage or salary and the sum of the gross military pay and allowances.

(b) Employees on active duty may elect to use the military health care system or may continue existing university medical, dental and vision coverage for the duration of the call-up period. The cost of coverage will remain the same as if the employee were not on leave. Upon return from military leave, employees are entitled to reenroll in university health benefits without any waiting period.

(c) Retirement contributions are the same as stated in this policy.

(E) Implementation.

(1) Military leave, as described, must be requested in writing prior to the absence. The faculty or staff member is required to submit to their director or manager and the appointing authority the written request for leave, along with an order or statement from the appropriate military commander as evidence of such duty. Requests for military leave and supporting documentation must be submitted to human resources records for staff and to academic personnel for faculty.

(2) If members in the Ohio national guard to assist civil authorities in such duties as flood and riot control or civil defense, and such duty exceeds military leave authorized for the year, they shall be granted emergency leave without pay. Members of any other reserve component of the armed forces of the U.S. shall also be granted emergency leave without pay if called to active duty and that term exceeds the annual authorized amount.

(3) Faculty or staff members who have worked for the university at least ninety calendar days will be granted a leave of absence without pay to be inducted or otherwise enter military service. They will not be paid for such leave unless they are members of reserve components as specified above.

(4) A faculty or staff member who reenlists while on active duty, or a commissioned officer who voluntarily enters on extended active duty beyond that required upon accepting a commission, is not eligible for immediate reinstatement.

(F) Reemployment rights.

(1) Faculty or staff members will be reinstated into university employment in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as amended upon application for reemployment according to the requirements of USERRA.

(a) Reinstatement must be accomplished promptly within thirty days after application is received.

(b) A copy of the discharge or certificate of service must be submitted with all requests for reinstatement of reappointment.

(2) Return from duty.

(a) For service of less than one month, the employee must apply to HR records for staff and academic personnel for faculty for reinstatement no later than the beginning of the first full regularly scheduled work period that starts at least eight hours after return from military service, after allowance for safe travel home from the military duty location and an eight-hours rest period. If, due to no fault of the employee, timely reporting back to work would be impossible or unreasonable, the employee must report back to work as soon as possible after the expiration of the eight hours.

(b) For service more than one month but fewer than six months, the employee must apply for reinstatement no later than fourteen days after release from active service. If submission of a timely application is impossible or unreasonable through no fault of the employee, the application must be submitted as soon as possible on the next day when submitting the application becomes possible.

(c) For service of more than six months, the employee must apply for reinstatement no later than ninety days after release from active service. The reporting or application deadline may be extended for employees who are hospitalized or convalescing because of an injury or illness incurred or aggravated during the performance of military service.

(3) The following three-part reemployment process required under USERRA will apply for people with a disability incurred during service:

(a) The employer must make a reasonable effort to accommodate the person's disability so that the person can perform the position that the person would have held if the person had remained continuously employed.

(b) If, despite reasonable accommodation efforts, the person is not qualified for the position in paragraph (F)(3)(a) of this rule due to his or her disability, the person must be reemployed in a position of equivalent seniority, status, and pay, so long as the employee is qualified to perform the duties of the position, or could become qualified to perform them with reasonable efforts by the employer.

(c) If the person does not become qualified for the position in either paragraph (F)(3)(a) or (F)(3)(b) of this rule the person must be employed in a position that, consistent with the circumstances of that person's case, most nearly approximates the position in paragraph (F)(3)(b) of this rule in terms of seniority, status and pay.

(4) Faculty and staff members are entitled to all salary benefits or other advancement accruing to their position during their absence.

Last updated August 29, 2025 at 8:05 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-07.8 Administrative policy regarding additional compensation for university employees.

(A) Individuals may receive compensation over and above the usual contractual payment up to a maximum of twenty per cent of the academic year salary or summer session salary, whichever is appropriate, when the monies come from: extramural sources, regional campuses for Kent campus faculty, the Kent campus for regional campuses faculty and continuing education activities; and when the activity is one which clearly is not normally expected under the terms of principal employment and does not interfere with the typical teaching, research and service functions of the faculty member.

(B) Related to but somewhat separate form the above is the question of abnormally severe teaching assignments during the summer terms. If such an assignment occurs in which the faculty member is expected to serve well beyond that usually expected in a full on-campus load of eight to ten hours, the faculty member may be compensated on his or her normal summer session contract at a rate in excess of the one-sixth of the nine-month salary for one five-week term. An example of such activity would be responsibility for the supervision of field trip activity. Any rate in excess of the usual rate must be approved by the collegial dean and vice president for academic and student affairs or designee.

(C) In addition to teaching and research the university is deeply committed to the public which it serves. Continuing education workshops and seminars play a prominent role in its service function. Such workshops are usually funded by fees charged to the participants, or by governmental or private grants or payments to the university agency supervising the activity. Faculty participation in such activity is not normally covered by the standard nine-month academic year contract nor by the usual summer teaching appointment, and thus participating faculty may be compensated for participation over and above the usual contractual payments.

(D) For those Kent campus faculty members teaching in the regional campuses, compensation will count toward the twenty per cent limitation.

(E) Individuals may not be compensated out of usual university funds for an occasional lecture given in a colleagues's class. Such activity will be viewed as part of the regular academic year or summer session assignment.

(F) Regional campus part-time teaching by Kent campus twelve-month contract personnel.

(1) Individuals holding twelve-month contracts on the Kent campus are permitted to teach occasionally at regional campuses.

(2) Under no circumstances may such teaching interfere with the individual's regularly assigned duties.

(G) Summer employment of faculty.

(1) Faculty members who are employed and are to be paid for regular summer classes or form workshops, research projects or institute accounts, are to be regularly appointed through proper channels. This requires the processing of the usual recommendations by the department chairperson to the dean of the college. Such monies may not be paid under a single requisitioning process unless the appointments have been made.

(2) To insure coordination, future applications for research, institutes and similar grants will require an accompanying certification from the department chairperson and dean that space, equipment and personnel needs have been arranged for adequately.

(H) Intra-university consulting. Sharing one's expertise with the university community in an on-campus setting is normally considered part on one's usual workload and no compensation beyond regular contractual salary is expected or permitted. Intra-university consulting for a fee is an unusual situation and is expected seldom to occur. But in situations where demonstrable effort over and above normal workload occurs, additional compensation can be earned when the consulting or presentation is across departmental lines or involves a separate or remote operation, and has prior written approval of the office of the appropriate dean or vice president. Prior approval of the funding agency and the research office is required when grant funds are the source of compensation.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-07.10 Administrative policy regarding salary adjustments for administrators assuming regular faculty positions.

(A) When an administrator with a faculty appointment assumes a full-time position as a member of the regular teaching faculty, the salary for this appointment should reflect appropriate compensation for the individual's rank, academic credentials, experience, and potential contribution to the university; the salary previously earned is not to be a factor in determining the new salary.

(B) Consonant with established consultative procedures, the department or school to which the former administrator is assigned shall, through its chairperson, director, or dean, recommend a salary commensurate with the individual's rank and credentials. This figure should include increments which would normally have accrued had the individuals' service been exclusively as a member of the teaching faculty. The figure may also include recognition of meritorious university achievement, or academic achievement or both. The salary assigned for the new position must be approved by the provost or the president, as appropriate.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-07.11 Administrative policy regarding service achievement award for classified civil service staff.

(A) To recognize employee commitment to the university, a service achievement award is established. Full-time and part-time permanent employees, including recognized bargaining unit employees and those employees having seasonal appointments, will receive this award in the form of a cash payment once every five years, according to the following schedule:

(1) University service category, five years; service achievement award, $250.

(2) University service category, ten years; service achievement award, $500.

(3) University service category, fifteen years; service achievement award, $750.

(4) University service category, twenty years; service achievement award, $1,000.

(5) University service category, twenty-five years; service achievement award, $1,250.

(6) University service category, thirty years; service achievement award, $1,500.

(7) University service category, thirty-five years; service achievement award, $1,750.

(8) University service category, forty years; service achievement award, $2,000.

(9) University service category, forty-five years; service achievement award, $2,250.

(B) For the purpose of this policy, a part-time permanent employee is defined as an employee whose regular hours of work are less than forty hours a week. Employees serving in temporary or intermittent positions are not eligible for the award, and do not accrue service time toward this award. Kent state university employees separating from the university due to retirement, and later returning as new hired into an eligible continuous, part-time or full-time, classified assignment, are not eligible for this award.

(C) Effective the thirtieth of June 1991, employees are eligible to receive this award following the anniversary date the employee celebrates each fifth year anniversary. Anniversary dates are based on continuous classified service with the university. Approved leaves-of-absence of less than a year are not considered a break in service for award purposes. The university retains the right to modify or terminate this award program at any time without prior notice.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-08 University policy regarding the compensation of adminstrative and professional salaried employees.

(A) Purpose. Kent state university seeks to attract, retain, motivate, and reward its employees commensurate with its mission, strategic goals and financial resources. The university's compensation practices must be responsive to the availability of resources, internal job relationships, and external market considerations. In order to provide an efficient and effective system for achieving these objectives, the university, through the division of people, culture and belonging, shall maintain a compensation plan for administrative and professional salaried positions in all division of the university. This plan will incorporate a pay grade structure and administrative policies and procedures governing compensation practices.

(B) Eligibility. The compensation plan shall provide parameters for determining base pay for all administrative and professional salaried positions of the university. Excluded from the plan are positions with the following types of appointments.

(1) Hourly classified appointments.

(2) Faculty appointments.

(3) Appointments covered by a collective bargaining unit.

(4) Student appointments.

(5) Graduate assistantships and teaching fellowships.

(C) Implementation. To incorporate the principles of internal equity and external competitiveness, the plan is intended to meet the following minimum standards:

(1) Provide for external competitiveness by offering salaries that are reflective of base pay for comparable positions in the appropriate external labor market. The competitive strategy is to offer salaries at one hundred percent of the relevant market, both in terms of structure (pay ranges) composition and base pay administration, recognizing that resources may not always be sufficient to accommodate that position.

(2) Provide for internal equity by utilizing a quantitative assessment tool that considers relevant job factors to evaluate the relative value of a job.

(3) Assign all positions to pay grades that reflect their relative values to the university based on a combination of relevant market data and internal job evaluation.

(4) Provide flexible but consistent administration, allowing for reasonable and justifiable pay and assignment exceptions.

(5) Communicate base pay practices to affected employees, in a manner that will facilitate their understanding of pay grade level, salary, and movement within the structure.

(6) Develop and maintain a systematic performance evaluation program.

(7) Operate according to all legal and contractual requirements.

Last updated September 15, 2025 at 7:43 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-08.1 Administrative policy and procedures regarding the compensation of administrative and professional salaried employees.

(A) Policy statement. The board of trustees delegates the authority for the administration of the administrative and professional base pay program .to the vice president for the division of people, culture and belonging. Notwithstanding the foregoing, the board of trustees reserves its rights under section 3341.04 of the Revised Code and other rules in agency 3342 of the Administrative Codes as may be applicable.

(B) Responsibility and authority.

(1) Job descriptions for administrative and professional salaried positions shall be maintained by the compensation department. Appointing authorities shall report any changes in job descriptions to include job duties, functions, and/or minimum requirements to the compensation department before such functions or duties begin, or before such minimum requirements are imposed.

(2) Final base pay determinations shall not be communicated to the current or prospective employee without the approval of the division of people, culture and belonging.

(C) Implementation.

(1) Salary structure. The salary structure provides a framework for determining and administering base pay for administrative and professional salaried positions. The key parameters of this structure are the pay grade, the pay grade midpoint and the salary range.

(a) Pay grades and the assignment of jobs to those grades reflect significant, relative differences in positions across and within the divisions of the university.

(b) The salary range midpoint represents the university's desired competitive position relative to the external market and the differences between pay grade midpoints are sufficient to provide continuing incentive for promotion to higher positions.

(c) The salary range spread, which covers the distance from the pay grade minimum to the pay grade maximum, is sufficient to allow recognition of individual development and performance improvement. The progression of an employee's pay within a pay range is normally dependent upon job performance. The minimum and maximum of each pay range represent the minimum and maximum values, respectively, to the university of all jobs assigned to that particular salary range.

(d) Employees shall be paid at least the minimum salary for their position, provided that the minimum requirements of that position are met.

(e) Normally, employees will not be paid more than the maximum of the range established for their position. The president of the university must approve any salary above the salary range maximum.

(f) Salary structures shall be reviewed periodically to maintain internal equity and external competitiveness. Recommended revisions will be presented to the board of trustees for approval. When adjustments are needed to maintain competitive levels, a revised salary structure will be established. Adjustments to the salary structure as a whole will not change the pay grade assignments of individual positions. Revisions in the salary structure will not result in automatic across-the-board increases in individual compensation for employees.

(2) Assigning a position to pay grade. Each position will be assigned to a pay grade based upon a combination of an internal job evaluation and external market reference, where available and appropriate.

(a) Job evaluation. The job evaluation process determines the relative positioning of jobs. This process is a quantitative method of evaluating and grouping jobs based on similarities of specific factors and the extent to which each factor is present in the job.

(b) Job evaluation factors. The factors that are typically considered in evaluating administrative/professional jobs are:

(i) Knowledge and experience;

(ii) Complexity and creativity;

(iii) Institutional impact;

(iv) Communication and collaboration; and

(v) Leadership and supervision.

(c) Job titles and descriptions. Positions that involve substantially the same kind of work, equivalent levels of complexity and responsibility, and require comparable qualifications and experience will be grouped into the same job title. A job title assigned to each job will be used for official university purposes. Departments may use a different, functional title for internal purposes, provided it is not an official university job title for another position and does not indicate an inaccurate hierarchical position. The job description that includes the official job title, the purpose of the job, examples of job duties and the qualifications of the job. Job descriptions are written in a generic manner using an established format for consistency and applicability throughout the university, and are not meant to be inclusive of every task that might be assigned to a job.

(d) New job descriptions. With approval from the appointing authority to whom the position is charged, a department head or designee may request the creation of a new job title and description by submitting a draft job description to the compensation department. A job evaluation of the position in accordance with paragraph (C)(2) of this rule, a comparison to similar positions already in the pay plan, and relevant market data will be considered in determining the title and pay grade for a new description.

(e) Changes in job descriptions. Whenever the content of an existing description is changed significantly, the department head or designee, with approval from the appointing authority to whom the position is charged, may submit job description revisions to the compensation department. Ordinarily, when changes in duties and responsibilities having a substantive impact on the nature and scope of the position have changed, a reevaluation of the pay grade is appropriate.

(3) Base pay determination. An equitable and effective compensation plan requires that base pay decisions be rationally based on performance, relevant market considerations, internal equity and funding availability. The provisions in this section concern positioning an employee's pay rate within the pay range, adjusting salaries and approving salary actions. All actions described in this section must be reviewed and approved through the applicable approval process before they are communicated to the affected or prospective employee. Any salary increases shall be effective the first day of the pay period once the transaction has been reviewed and approved through the applicable approval process. Retroactive increases will be rare and will require approval by the appointing authority.

(a) New-hire pay rate. New employees must meet at least the minimum qualifications for a position and should be hired at a salary no less than the minimum and no greater than the midpoint. When a candidate possesses outstanding related qualifications or experience, or unusual conditions that have put a premium on particular skills, a salary above the midpoint, but below the maximum may be offered upon the approval of the compensation department as supported by the vice president for the division of people, culture and belonging. Any disagreement will be resolved through the vice president for the division of people, culture and belonging and the appointing authority. When salaries above the maximum of the applicable pay range are requested, approval must be obtained from the president. All new hire pay rates must be approved by the compensation department. Salary amounts shall be determined by:

(i) The experience and education of the applicant in relation to the advertised job qualifications;

(ii) Salaries being paid to current employees in that job or similar jobs;

(iii) Salaries being paid to current employees in that pay range;

(iv) Salaries paid in the appropriate external market;

(v) Salaries of employees to be supervised; and

(vi) Funds available.

(b) Changes in pay grade.

(i) Promotion. A promotion is the movement of an employee to a job of greater responsibility and scope and in a higher pay grade than the one to which the employee is presently assigned. When a promotion is made, a promotional increase within the pay range of the new job will normally be granted. The new salary should be at least the minimum of the new pay range and normally may not exceed the new range maximum. The compensation department will recommend the proposed salary increase before a final base pay determination is communicated to an employee. In determining these increases, the following factors may be given consideration:

(a) The extent of the change in duties and responsibilities;

(b) The qualifications and experience of the employee relative to the position requirements;

(c) Position of the promoted employee's current salary in the new pay range;

(d) The relationship of the promoted employee's new salary to the salaries of other employees in the same position and in the same and surrounding pay grades;

(e) The relationship of the promoted employee's rate to the supervisor's rate and the rates of the employees they will supervise;

(f) Salary history of the employee;

(g) The number of pay grades the employee is moving; and

(h) External market data.

(ii) Movement to a lower pay range. Movement to a position in a lower pay grade will typically result in a reduction of salary to an appropriate position within the new salary range. This process must involve consultation with the division of people, culture and belonging, general counsel and the appointing authority. All such moves must be approved in advance by the vice president for the division of people, culture and belonging and the appointing authority, to include discussions about the salary decrease effective date. In all cases, an employee's salary must be reviewed in consultation with the compensation department before a final base pay determination is made. An attempt will be made to maintain peer salary equity. In determining the extent of a salary reduction, the following factors may be considered:

(a) The qualifications and experience of the employee relative to the job requirements;

(b) Position of the employee's salary in the new salary range;

(c) The relative position of the employee's salary to the salaries of the other employees in the same and surrounding pay grades;

(d) The number of pay grades the employee is moving;

(e) The employee's performance and qualifications in relation to the performance and qualifications of others in the same job;

(f) The reason and origination of the movement; or

(g) Performance history.

(iii) Lateral movement. A lateral movement is defined as the movement of an employee from one job to another job in the same pay grade as the one to which the employee's current job is assigned. Normally, the salary of an employee who moves laterally will not change.

(iv) Status changes. If a position changes from part-time to full-time status or vice-versa, a change in the full-time equivalent pay rate will normally not occur. Consult with the compensation department on pay rates associated with status changes.

(c) Annual salary increases. Although, it typically occurs annually, the board of trustees has final authority over the timing and aggregate amount of the annual salary increase pool. The vice president for the division of people, culture and belonging will provide specific guidelines regarding the timetable and distribution of individual salary increases.

(i) When determining the aggregate amount of the salary increase pool, the following factors shall be given consideration:

(a) Market data;

(b) Economic indicators;

(c) Salary planning projections; and

(d) Availability of funds.

(ii) This type of salary increase will be awarded on the basis of the employee's job performance. The performance of each employee will be evaluated at least annually and more frequently, if appropriate.

(iii) The amount of any proposed and approved meritorious performance increase is normally applied to the employee's base pay.

(d) In-range adjustments.

(i) A modest increase may be recommended by the compensation department if an employee has demonstrated the acquisition of new competencies or if the position's responsibilities have increased in complexity and these changes are not enough to warrant reassignment to a higher pay grade. The amount of the increase will generally be in the range of four to six percent of the employee's base salary. Job-related advanced degrees earned while employed at the university will not be considered as the sole basis for a request for an in-range adjustment.

(ii) Other circumstances that might warrant an in-range adjustment may be related to one or more of the following:

(a) An employee's salary is substantially low compared to that of employees in equivalent positions with comparable duties, performance history, qualifications, experience and length of service.

(b) To recognize the long-term merit of an individual where two or more individuals may have similar years of service, but whose performance records have been distinctly different.

(c) To address equal opportunity.

(d) To recognize service/experience prior to arriving at Kent state.

(e) To acknowledge the strategic value of a position.

(f) To maintain external competitiveness, particularly in high demand, low availability jobs.

(iii) All in-range adjustments must be reviewed and recommended in consultation with the compensation department and approved by the appointing authority to whom the position is charged before it is communicated to any affected employee(s).

(e) Incentive pay. A documented, defined incentive pay plan designed to award achievement to specific, measurable results can be developed in consultation with the compensation department and approved by the vice president for the division of people, culture and belonging and the divisional appointing authority.

(i) Incentive pay is administered through a formal, approved plan document with specific, predefined performance goals and quantifiable measurements during a predefined period of time. The payment amount is also specified in the plan document and payable upon achieving the predefined goals.

(ii) The plan document shall include the following:

(a) Plan objectives;

(b) Eligibility requirements;

(c) Measurable goals;

(d) Period of time the incentive is effective;

(e) Employee performance standards;

(f) When the incentive payment will be made; and

(g) Approval signatures from: eligible employee, department head, department fiscal or budget officer, vice president for the division of people, culture and belonging and divisional appointing authority

(iii) Incentive pay payments must be approved before communicating to an employee. Incentive pay payments are not considered part of an employee's base salary.

(f) Lump sum payments. A one-time payment may be made to an employee to recognize the successful accomplishment of a significant, but temporary project that is deemed strategic in nature by the university. The amount will not be included in the employee's annual base salary, nor be considered when applying any type of increase percentage to the base salary. Overall performance will be considered before this type of payment is made. This process must involve consultation with the compensation department and the appointing authority. Any payment of this type must be approved in advance by the vice president for the division of people, culture and belonging and the appointing authority before the amount is communicated to the employee. The "supplemental pay request form" should be submitted to the compensation department to request this type of payment.

(g) Temporary and interim assignments. Each position consists of core duties and responsibilities that the incumbent regularly performs. However, a job description and those core duties and responsibilities do not define the limits of what is to be performed in any position. The volume, flow and nature of an employee's work could change periodically and for a limited period of time. The university expects that employees will adapt to the changes and accept the responsibility for new and different functions even if they are part of a job in a higher pay grade. Normally, there will be no adjustments to an employee's base pay under those limited circumstances. Permanent changes to the composition of a job are addressed in paragraph (C)(2)(e) of this rule. The "Supplemental Pay Request Form" should be submitted to the compensation department to request additional payment for temporary and interim assignments.

(i) Temporary or interim assignment. Nevertheless, the university recognizes the need to compensate an employee who is performing duties of a higher pay grade beyond a normal period of time. The requesting unit must consult with the compensation department if additional compensation is being considered for an employee. In determining whether an assignment is a temporary or interim assignment, consideration shall be given to following factors:

(a) Duration of the assignment;

(b) Scope of the responsibilities;

(c) Continuation of current duties and responsibilities; and

(d) Additional compensation in comparison to the salaries of others in similar positions.

(ii) Temporary assignment. This is defined as employees who are temporarily assigned duties and responsibilities of greater complexity in addition to those outlined in the current job description. An employee who is assigned duties and responsibilities of more complexity in addition to those outlined in the current job description should receive an increase based on an evaluation of the additional assigned duties by the compensation department. Normally, the employee's base pay plus the temporary salary adjustment should not exceed the minimum of the pay grade to which the higher position is assigned. Typically, the temporary increase should be no less than five percent and should not exceed ten percent of current salary. The duration of the temporary assignment should be at least three months. The amount of the increase may be related to base salary but not added to base salary. The requesting unit must consult with the compensation department to determine the appropriate amount of additional compensation.

(iii) Interim assignment. Employees who are temporarily transferred to a vacant position in an acting capacity should receive additional compensation from the date of assignment if such assignment is in excess of three months. An employee who assumes a vacant position with a higher pay grade in an acting capacity should receive a temporary increase in salary to the minimum of the range for the higher position or an increase typically not to exceed ten per cent of current salary, whichever is greater. The increase should be no less than five per cent of current salary. The requesting unit must consult with the compensation department to determine the appropriate amount of compensation. Expectations should be clearly identified at the beginning of the assignment regarding the duration and the candidacy of the interim position incumbent. The amount of the increase should be related to base salary but not added to base salary.

(D) Appeals of salary, pay grade or title. The appointing authority may request an independent review by the vice president for the division of people, culture and belonging for appeals to salary, pay grade or title recommendations made by the compensation department.

Last updated September 5, 2025 at 2:12 PM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-09.1 Administrative policy and procedures regarding tuition benefits.

(A) Policy Statement: It is the policy of the university to support the education of employees and their dependents and to include the costs associated with that education as part of the total compensation package of the employee. Therefore reasonable access shall be given to Kent state university coursework as approved by the supervisor and the administrator for this program. Education access is a valuable benefit but cannot be transferable, exchanged, or paid for through other funds of a unit. Access shall be approved, monitored, and audited in accordance with standard procedure for all other benefits according to paragraphs (A)(1) and (A)(2) of this rule.

(1) Tuition benefits in the form of fee waivers are granted to full-time university employees, as defined in paragraph (B)(1) of this rule, and their spouses, domestic partner and/or dependent children and selected part-time employees, as defined in paragraph (B)(2) of this rule.

(2) The executive director of university benefits shall be the reviewing authority concerning eligibility requirements.

(B) Definition of employee.

(1) A "full-time employee" for purposes of eligibility regarding this benefit is defined as one who normally works a minimum of forty hours per week on a regularly scheduled basis. This includes permanent seasonal employees and regular, full-time, annual contracted faculty and administrative staff. Military personnel and their spouses and dependents who are assigned for regular duty as members of the ROTC staff are eligible, during the duration of their Kent state university assignment.

(2) A "part-time employee" for purposes of eligibility regarding this benefit is defined as follows:

(a) An eligible part-time faculty member is one who is appointed to a teaching position with faculty rank in a department for at least one semester or summer session.

(b) An eligible part-time classified or unclassified administrative employee is one who has worked a minimum of one thousand two hundred fifty hours within the previous twelve months.

(3) Former employees as a result of a separation for any reason other than recognized retirement must have active service of not less than thirty days within the semester their termination of employment or reduction of hours become effective to be eligible for tuition waiver for the complete semester. Any period less than thirty days will either constitute removal from classes through university exit or the full semester tuition payment must be made to the bursar's office in order to continue classes. Persons in temporary layoff or furlough status from a seasonal position shall continue to be eligible through their layoff or furlough periods.

(C) Benefits for individual employees.

(1) Eligibility.

(a) Tuition benefits are available to eligible employees of the university who have been employed on a full-time status for one semester or its equivalency of one hundred twenty days.

(b) Military personnel who are assigned for regular duty as members of the ROTC staff are eligible for tuition benefits during the duration of their Kent state university assignment.

(c) Tuition benefits are available to eligible part-time faculty, classified, or unclassified administrative employees for a maximum of four credit hours per semester.

(d) Retired full-time employees who had at least ten years of continuous full-time service with the university and would satisfy the eligibility requirements for retirement benefits under the OPERS traditional plan or the STRS defined benefit plan are eligible for complete tuition benefits, including employees who retired under an alternative retirement plan.

(e) Disabled inactive employees must have completed a total of five years of full-time employment with the university and be qualified for disability payments from the long term disability plan, OPERS or STRS to be eligible for tuition benefits to continue. Any full-time employee who is on an authorized leave of absence for temporary disability shall be eligible for tuition benefits for the duration of the leave.

(f) Full-time employees as well as spouses, domestic partners, and dependent children of full-time employees on authorized leaves of absence are eligible for tuition benefits if the employee otherwise meets the eligibility requirements in paragraph (C)(1)(a) of this rule.

(2) Utilization.

(a) Each full-time employee may take coursework for which he or she is academically eligible, provided it does not conflict or interfere with normal hours of employment or other university policies or regulations.

(b) Tuition benefits are not available for any coursework in the college of podiatric medicine or podiatric program.

(c) Under special circumstances, such as the unavailability of a required course after normal working hours, an employee may be permitted to take one course per semester or summer session during working hours. However, satisfactory arrangements must be made both to make up the time missed and to adequately cover the employee's responsibilities. Written approval must be obtained from the employee's appropriate supervisor.

(d) Tuition benefits for individual employees are in the form only of a waiver of all instructional and general fees at the university for any credit course or program for which the employee is academically qualified.

(e) These benefits can be used for enrollment in an off-campus or international program for which university academic credit is received and for which tuition and fees are collected and retained by the bursar of Kent state university.

(f) Tuition benefits cannot be transferred or received in any form other than a waiver of fees; for example, a student receiving a tuition benefit from another source may not exchange the benefit provided by this policy for cash or any other consideration.

(g) Part-time faculty members are eligible to use the four-hour waiver during the semester the part-time faculty member teaches or the following semester, with summer terms taken at the option of the part-time faculty member. There will be no carryover of partially used tuition waivers or accumulation of credit hours from one period to another.

(h) Graduate students who have been assigned to a part-time faculty appointment may substitute their four-hour fee waiver for up to fifteen hours of dissertation credit, not to exceed the original cost of the four credit hours, when authorized by the appropriate graduate dean.

(3) Amount of benefit.

(a) The tuition benefit is limited to the waiver of the full amount of instructional and general fees normally charged for any program of studies up to and including eighteen credit hours of study per semester or its equivalent for summer or special sessions. Overload, admission, matriculation, parking, bus, special course fees, and all other fees are excluded from this benefit.

(b) The out-of-state surcharge, if applicable, will be waived.

(D) Benefits for employee's spouse, domestic partner, and dependent children.

(1) Eligibility of dependent children. Dependent eligibility is based on date of hire of the eligible employee.

(a) For full-time faculty hired prior to August 16, 2005, dependent children eligibility is defined in paragraph (D)(1)(h) of this rule.

(b) For full-time faculty hired on or after August 16, 2005, dependent children eligibility is defined in paragraph (D)(1)(i) of this rule.

(c) For full-time represented members of the AFSCME bargaining unit hired prior to May 1, 2007, dependent children eligibility is defined in paragraph (D)(1)(h) of this rule.

(d) For full-time represented members of the AFSCME bargaining unit hired on or after May 1, 2007, dependent children eligibility is defined in paragraph (D)(1)(i) of this rule.

(e) For all other full-time staff employees hired prior to May 1, 2007, dependent children eligibility is defined in paragraph (D)(1)(h) of this rule.

(f) For all full-time staff hired on or after May 1, 2007, dependent children eligibility is defined in paragraph (D)(1)(i) of this rule.

(g) The tuition benefit is only available to spouses, domestic partners, and dependent children, including stepchildren and legally adopted children, of full-time employees upon completion of the employee's eligibility period. This benefit is also applicable to dependent children under the legal guardianship of the employee. Tuition waiver benefits are available to spouses and dependent children of deceased, disabled or retired employees when the employees meet the eligibility requirements defined in this policy. Other relatives, such as father, mother, niece, nephew, sister, brother, and so forth, are not eligible to participate in this program.

(h) Children under twenty-eight years of age who are dependent for more than fifty per cent of their financial support from parents are eligible for tuition waiver. Children who reach their twenty-eighth birthday during the academic semester in which they are currently enrolled will be allowed to complete that semester.

(i) Children under twenty-five years of age who are dependent for more than fifty per cent of their financial support from parents are eligible for tuition waiver. Children who reach their twenty-fifth birthday during the academic semester in which they are currently enrolled will be allowed to complete that semester.

(j) Spouses and dependent children of military personnel who are assigned for regular duty as members of the ROTC staff are eligible for tuition benefits during the duration of the staff member's Kent state university assignment. Dependent children are subject to the limitations of either in paragraph (D)(1)(h) or (D)(1)(i) of this rule based upon the date the staff member's assignment at Kent state university begins.

(k) Tuition benefits will be continued for spouses or dependent children of employees who die while actively employed full-time at the university and have served at least eighteen months of continuous university service and are either eligible for a survivor benefit, or who retired on disability from OPERS or STRS. This applies to the spouse or dependent children who are receiving tuition benefits at the time of the employee's death.

(2) Utilization.

(a) Tuition benefits for spouses, domestic partners, and/or for dependent children of full-time employees are in the form only of a waiver of all instructional and general fees at the university for any credit course or program for which the beneficiary is academically qualified.

(b) Tuition benefits are not available for any coursework in the college of podiatric medicine or podiatric program.

(c) These benefits can be used for enrollment in an off-campus or international program for which university academic credit is received and for which tuition and fees are collected and retained by the bursar of Kent state university.

(d) Tuition benefits cannot be transferred or received in any form other than a waiver of fees; for example, a beneficiary receiving a tuition benefit from another source may not exchange the benefit provided in this policy for cash or any other consideration.

(e) Tuition benefits can be used in conjunction with other forms of financial aid, providing the beneficiary is eligible under federal, state and university laws and regulations for that aid as determined by the director of financial aid.

(3) Amount of benefit.

(a) The tuition benefit is limited to the waiver of the full amount of instructional and general fees normally charged for any program of studies up to and including eighteen credit hours of study per term or its equivalent for summer or special sessions. An employee must initiate an application for tuition waiver on behalf of their spouse, domestic partner, or dependent no later than thirty days after the first day of classes. Refunds of fees which were paid prior to submission of the fee waiver application will be processed only if the fee waiver form was received within the time frame previously stated. Overload, admission, matriculation, parking, bus, special course fees, and all other fees are excluded from this benefit.

(b) The out-of-state surcharge, if applicable, will be waived.

(E) Exclusions.

(1) Tuition benefits cannot be used for the spouses, domestic partners, and dependent children of those who have graduate and research assistantships or fellowships. In addition, an employee's dependent fee waiver cannot be substituted for a tuition scholarship offered by a university department in conjunction with a graduate and research assistantship or fellowship.

(2) Tuition benefits cannot be used for enrollment in non-credit courses or credit courses which are audited.

(3) Any employee who fails to initiate an application for tuition waiver within thirty days after the first day of classes and makes any tuition payments will not receive a refund for that semester or any previous semester.

(F) Application procedures.

(1) Official application forms for these benefits are available from the benefits office of the division of people, culture and belonging. Applications should normally be completed three weeks prior to the registration date for the semester in which the benefit is to be used and returned to the benefits office for verification of employment and dependent eligibility approval.

(2) For full-time faculty and staff, applications are submitted only once for the entire tenure of employment as long as the employee, spouse, domestic partner, or dependent continues to enroll in active classroom study.

(3) Part-time faculty and staff must apply for tuition benefits prior to each semester or summer session for which tuition benefits are requested.

(4) For full-time faculty and staff, tuition waiver benefits will be automatically canceled following a three-year period where the student does not exercise his or her privilege to attend classes. A renewal of the fee waiver must be reestablished by formally submitting a new application. A verification of eligibility will be made by the benefits office, which will also cancel waivers upon an employee/dependent's ineligibility.

(5) Employees who have completed the one hundred twenty-day equivalent period after date of hire may apply for the waiver even after a semester has started. The application process must be completed prior to the end of late registration.

(G) Exceptions.

(1) Exceptions to any provision of this rule will be determined by the president of the university or the president's designee upon submission of appropriate written documentation, establishing the reasons for the request.

(2) Any exception or waiver granted by the president is based on a case-by-case analysis. All decisions will be final and not considered a precedent for future requests.

Last updated August 29, 2025 at 7:53 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-09.2 Administrative policy regarding to employee assistance program.

(A) Purpose/mission. The effectiveness of the university depends on the effectiveness of its faculty and staff. The Kent state university employee assistance program (EAP) is a free and confidential service designed to help retain and restore employees who have job performance problems or are likely to as a result of personal difficulties.

(B) Scope. Areas of personal difficulty include, but are not limited, substance abuse, financial, legal, emotional, psychological, family, marital, stress, bereavement and other types of personal problems.

(C) Eligibility. The program is available to faculty, staff and immediate family members wishing to discuss concerns about themselves, family members, or other aspects of their life.

(D) General guidelines.

(1) Participation in the program is voluntary and a request for help with personal problems will not jeopardize employments and/or promotional opportunities.

(2) Administrators/supervisors are encouraged to make a referral to the EAP when they have reason to believe personal difficulties may be influencing the productivity of their department or interfering with the well-being of an individual.

(3) Utilizing the employee assistance program is not meant to replace existing administrative or disciplinary procedures.

(4) Faculty and staff are expected to correct any substandard performance whether or not they use the program.

(E) Methods. A professional third-party provider is contracted to:

(1) Offer confidential assessment interviews that clarify the nature of the personal problem(s) and referring to prescreened public and private community resources for further evaluation or on-going assistance;

(2) Provide training programs for supervisors and administrators on the functions and services provided by the employee assistance program including how and when to refer;

(3) Offering individual consultations with supervisors and administrators regarding concerns about an individual's well-being and/or performance; and

(4) Provide on-going educational programming through the distribution of pertinent literature and/or the scheduling of speakers.

(F) Confidentiality. EAP records and discussions are confidential. Information held by the contractor may only be released under the following circumstances:

(1) An individual signs a consent form requesting the employee assistance program staff release certain information to certain individuals;

(2) A medical emergency arises requiring information necessary to assist with an individual's care;

(3) Where child abuse/neglect is suspected by or reported to the employee assistance program staff; or

(4) Where release is required by law, e.g., an individual is perceived by the EAP staff as being of danger to themselves or others.

(G) Access. Faculty, staff and family members have direct access to the program or, in the case of faculty and/or staff, a supervisor/administrator may assist with the scheduling of an appointment.

(1) It is not the responsibility of the administrator/supervisor to know how to assess or solve employee personal problems. A referral to the EAP should be made rather than an attempt to diagnose or treat any personal problems that are brought to their attention. Recognizing that there is a performance deficiency, that it may be related to outside influences and that there is free, confidential and professional help available is how the administrator/supervisor can best serve the interest of the employee and those of the university. Hesitating to recognize and discuss declining performance may only prolong the substandard performance and personal difficulties.

(2) The contractor will make services available to employees on a twenty-four-hour, seven-day basis.

(3) It is the right of every employee to use the employee assistance program without fear of reprisal or retaliatory action.

(H) Organization. The executive director of university benefits or designee will be the university's liaison to the contractor. The program may receive guidance from an advisory committee.

Last updated August 29, 2025 at 7:53 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-09.3 Administrative policy and procedures regarding holidays for administrative contract and unrepresented hourly classified employees.

(A) Holiday observance.

(1) The following holidays will be observed annually by administrative, professional, and nonacademic employees:

(a) First of January; (New Year's day).

(b) Third Monday in January; (Martin Luther King Jr. day).

(c) Third Monday in February; (presidents' day).

(d) Last Monday in May; (memorial day).

(e) Fourth of July; (independence day).

(f) First Monday in September; (labor day).

(g) Second Monday in October; (Columbus Day).

(h) Eleventh of November; (Veterans Day).

(i) Fourth Thursday in November; (Thanksgiving Day).

(j) Twenty-fifth of December; (Christmas Day).

(k) And any other days so designated by an act of the president of the United States and/or the governor of the state of Ohio.

(2) University offices and departments will normally be closed and classes will not be scheduled on each of the indicated holidays.

(3) Specific observance dates are announced in the university calendar. Holidays indicated on the third Monday in January, the third Monday in February, and the second Monday in October may be rescheduled by the university for observance on other days.

(4) If a holiday falls on a Sunday, it will be observed on the following Monday. If a holiday falls on Saturday, it will be observed on the preceding Friday.

(B) Necessary services. When the university is closed in observance of a holiday, it is essential that certain necessary or essential services be maintained. When an unrepresented employee required by his/her responsible administrative authority to work on a holiday the following provisions will apply:

(1) Administrative contract employees. When an unclassified contract employee is required to be present for duty on a day otherwise recognized as a legal holiday, that employee may take a compensatory day off at a time mutually agreed upon by the employee and his/her supervisor. Under no circumstances will an administrative contract or professional appointee receive additional pay for a holiday upon which he/she is required to perform services.

(2) Classified employees. A full-time employee, regardless of his/her work shift or schedule, is automatically entitled to holiday pay for the number of hours he/she is normally scheduled to work at his/her regular rate of pay. A part-time employee is entitled to holiday pay for that number of hours for which he/she would normally have been scheduled to work.

(C) Holidays during leave.

(1) If a holiday occurs during a period of paid sick or vacation leave, the employee will draw normal holiday pay and will not be charged for sick leave or vacation.

(2) An employee must be in active pay status for the entire scheduled work day immediately preceding the holiday to receive holiday compensation.

(3) A full-time employee with a work schedule other than Monday through Friday is entitled to eight hours of pay for any holiday observed on his/her day off.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-10 University policy regarding retirement.

(A) Salary deduction.

(1) It is mandatory that tenured, tenure track, and non-tenure track faculty holding membership within a bargaining unit participate in either the state teachers retirement system of Ohio (STRS) or a qualified alternative retirement plan (ARP).

(2) It is mandatory that full-time classified staff and unclassified administrative staff participate in either Ohio public employees retirement system (OPERS) or a qualified ARP.

(3) Faculty, classified staff, and unclassified staff retirement contributions (the deferred salary) are calculated on with each payroll. The deferred salary is forwarded by the university to the appropriate retirement system to be applied on behalf of the employee. The university makes an additional contribution. Current contribution percentage amounts are available from the university benefits office.

(4) Pamphlets containing information on the STRS, OPERS, and ARP retirement plans are available in the benefits office or on the university's division of people, culture and belonging website.

(B) Defined contribution plans.

(1) The senior vice president for finance and administration shall establish a committee, consisting of no more than five individuals, that shall be responsible for the oversight of administrative activities and investment matters concerning university-sponsored defined contribution retirement plans, including the ARP, 403(b), and 457(b) plans.

(2) A written charter shall be developed concerning the operation of the committee.

(3) The committee may, as appropriate, utilize an investment advisor.

(4) The committee shall, among other things, develop an investment policy statement.

(5) The committee shall, based on the plan documents and investment policy statement:

(a) Select and monitor plan recordkeepers and investment advisors.

(b) Determine that the plans are operated in a manner consistent with the applicable plan documents.

(c) Identify the investment goals and objectives of the plans.

(d) Establish the process for selection of investment offerings.

(e) Specify the procedure for measuring investment performance, including a review of fees and other features of offerings.

(f) Outline the procedure for terminating and replacing funds determined to be underperforming.

(g) Address other matters as appropriate.

Last updated August 29, 2025 at 7:54 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-10.1 Administrative procedure regarding early retirement of regular full-time members of the faculty.

(A) The decision to retire is an individual matter. Faculty members should first determine their retirement status and options with the state teachers retirement system. The university's staff benefits office will provide, upon request, information and advice regarding the state teachers retirement system's rules and regulations.

(B) The university, through the offices of the vice president for faculty affairs and personnel, the director of personnel, and the associate vice president for the extended university, will provide informal advice and council to any regular full-time faculty member who wishes to examine the possibilities of early retirement.

(C) After determining their retirement status with the state teachers retirement system, Kent campus faculty members interested in early retirement may initiate the process by writing to the chairperson, with copies sent to the dean and vice president. Regional campus faculty members may initiate the process by writing to the campus dean with copies to the associate vice president and the vice president, and the courtesy copies to the chair and college dean.

(D) The conditions of an early retirement agreement are subject to mutual assent by the faculty member and the university. For Kent campus faculty, the office of the vice president for faculty affairs and personnel will receive recommendations from the chairperson and dean before determining whether or not the university wishers to authorize the agreement. For regional campus faculty, the office of the associate vice president for the extended university will receive recommendations from the campus dean and make an independent recommendation to the vice president for faculty affairs and personnel.

(E) The following guidelines have been established for the development of early retirement agreements with members of the faculty.

(1) An early retiree may be offered a part-time appointment up to a half-time load for a designated number of years. Normally, such agreements are for a period of one to five year.

(2) An early retiree's part-time appointment may be for any part of an academic year or semester or summer term.

(3) Depending on the load factor of the part-time appointment, an early retiree is eligible to receive up to forty-seven per cent of his or her base salary at the time of retirement.

(4) In agreements of longer that one year's duration, the base salary of the early retiree will be adjusted proportionately according to the same percentage amount of any across-the-board salary increase given to regular full-time members of the faculty.

(5) An early retiree who is on the graduate faculty, may continue as a graduate faculty member if offered a part-time appointment. The status of the retiree's graduate faculty appointment is subject to review at the time of the retiree's departmental graduate faculty review.

(6) Upon the recommendation of the chairperson and the dean (for Kent campus faculty) or of the associate vice president for the extended university (for regional campus faculty), the early retirement agreement will be prepared by the office of the vice president for faculty affairs and personnel and submitted to the prospective retiree for the review and acceptance.

Last updated August 19, 2025 at 9:16 AM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.2 Administrative policy regarding conversion of sick leave.

(A) Policy statement. The university recognizes that employees may need to be absent from their regularly scheduled work hours for a variety of circumstances not covered under the policy governing paid sick leave. Eligible employees may convert accrued sick leave to personal leave subject to the terms set forth below. A maximum of forty hours (five days) (twenty-four hours/three days for part-time employees) may be converted each fiscal year.

(B) Conversion to personal leave.

(1) Definition. Personal leave is converted from sick leave at the time it is used. It is intended to cover absences due to mandatory court appearances, legal or business matters, family emergencies, unusual family obligations, weddings, religious holidays, community service leave or any other personal matter.

(2) Eligibility. All classified and unclassified administrative and professional employees with continuing appointment not represented by a collective bargaining unit are eligible to convert accrued sick leave to paid personal leave, so long as they retain a balance of at least one hundred twenty hours (sixty hours for part-time employees) of accrued sick leave.

(3) Utilization. Personal leave may be requested in minimum units of fifteen minutes. Employees are expected to request personal leave in advance, following the process outlined by the immediate supervisor or unit. The employee should submit a leave request to the immediate supervisor indicating the date, time and purpose of the leave. If the employee is unable to submit a request with reasonable notice in advance, the employee should follow standard procedures for reporting time off due to illness. Personal leave will not be granted without the approval of the supervisor.

(a) Leave balance. The requesting employee must maintain a minimum balance of one hundred twenty hours(sixty hours for part-time employees)of accrued unused sick leave in order to convert sick leave to personal leave.

(b) Calculation of overtime. Paid personal leave does not count toward forty hours of regular paid time in determining when an hourly classified employee is eligible for overtime.

(c) Maximum. An employee may convert a maximum of forty hours (five days) (twenty-four hours/three days for part-time employees) of sick leave to personal leave in any fiscal year.

Last updated August 17, 2026 at 8:14 AM

History

  • Effective: August 17, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.4 Administrative policy regarding paid leave donation.

(A) Policy statement. The university recognizes that employees may have a family medical emergency for which they may need to take time away from work once they have exhausted all of their paid time. To help alleviate the stress caused by such medical emergencies, the university will allow eligible employees to receive donated sick leave or vacation directly from coworkers under this policy.

(B) Definitions.

(1) A "medical emergency" under this policy is a serious medical hardship or catastrophic illnesses or injury that severely impacts the health of the employee that is expected to cause a prolonged absence from work for which the employee has insufficient paid leave.

(2) A "prolonged absence" under this policy is a continued absence that totals at least more than one pay period or an equivalent number of working hours (e.g., eight ten-hour days).

(C) Eligibility to receive donated leave. All full- and part-time classified and unclassified employees are eligible to or receive donated leave or donated vacation when they experience a medical emergency, as long as they:

(1) Have exhausted all accrued sick leave, vacation, and compensatory time available at the time of donation;

(2) Are ineligible to use any paid leave the university provides (e.g., paid parental paid, etc.) to cover the medical emergency;

(3) Are on an approved leave;

(4) Have completed at least one year of service; and

(5) Have no record of disciplinary action related to the abuse of leave time or absenteeism on record prior to the need for donated leave.

(D) Requesting donations. Eligible employees may apply to receive donated sick leave or vacation using the following procedure:

(1) Eligible employees may only receive and use up to a combined maximum of sixty days of donated sick leave or vacation per calendar year.

(2) To request leave under this policy, the employee must submit a paid leave donation request form to the benefits department to show their willingness to accept paid leave donations. All such requests will be kept confidential.

(3) By completing their paid leave donation request form, the employee is giving the university permission to disclose the employee's name on its list of employees who are eligible to receive paid leave donations.

(4) At the time of their request, the employee must reasonably expect that they will eventually be fit to return to work based on their health care provider's assessment of their serious health condition.

(E) Review process.

(1) The reason for the request to receive donated leave will be kept confidential.

(2) At any point during the approval process or throughout the course of the leave, the university may require an employee to provide medical documentation of the serious health condition. The university may also require employees at any point to undergo a medical evaluation, at the university's expense, conducted by a licensed medical provider of the university's choosing.

(3) Should the employee's request for donated leave be denied, the employee may appeal in writing such decision within ten business days to the vice president of the division of people, culture, and belonging, whose determination upon review shall be final.

(F) Donating paid leave to another employee.

(1) Donating employees must be currently active on Kent state university's payroll at the time the employee submits the request to donate leave.

(2) Employees may voluntarily donate a portion of their accrued hours of sick leave or vacation directly to another employee whose name appears on the university's list of employees who are eligible to receive donated leave.

(3) Donating employees must have an accrued balance of greater than thirty days (two hundred forty hours) employees may donate no more than eighty of their accrued sick leave above two hundred forty hours in any twelve-month period.

(4) An employee may contribute a maximum of eighty hours of earned vacation leave in any twelve-month period.

(5) Use of donated leave. .

(a) If an employee is unable to return to work by the originally approved date, they may request additional paid leave via the same approval process as their initial application. Any additional leave the employe receives cannot exceed the sixty-day maximum.

(b) Donated paid leave may only be used for the specific medical emergency that was approved by the university. If an employee still has donated sick leave or vacation time leftover upon their return to work or upon their separation from employment, such leftover leave will be returned to the donor employee.

(c) Nothing in this policy will be construed to limit or extend the maximum allowable absence under any approved leave (e.g., Family and Medical Leave Act, etc.).

Last updated September 15, 2025 at 7:43 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-20

(A) Purpose.

(1) To outline the terms and conditions of postdoctoral scholars (postdocs), research associates and senior research associates.

(2) The university recognizes the valuable research and educational contribution that these scholars and associates may make to certain academic fields through non-faculty positions requiring a Ph.D. or equivalent terminal (e.g., doctoral) degree. The university authorizes the office of the chief academic officer to establish such appointments in keeping with national standards and university policy.

(3) Those authorized to select and sponsor these appointments will make every effort to consider and advance the university's commitment to diversity and its policy on equal opportunity.

(B) Definitions as used in this policy.

(1) Postdoctoral scholar (i.e. "postdoc"). A postdoc is an early-career individual holding a doctoral degree who is engaged in a full-time, time-limited period of mentored research and/or scholarly training for the purpose of acquiring the professional skills needed to pursue a career path of the individual's choosing.

(2) Research associate. An academic, but non-faculty, position for individuals holding a doctoral degree who have some research or scholarly experience after the doctoral degree, and who typically participate in the research efforts of faculty or an academic unit. The primary purpose is conducting research and/or scholarship for the purpose of supporting the faculty or academic unit.

(3) Senior research associate. An academic, but non-faculty, position for individuals holding a doctoral degree who have at least three years of prior experience as a postdoctoral associate and/or research associate, and who typically participate in the research efforts of faculty or an academic unit. The primary purpose is conducting research and/or scholarship for the purpose of supporting the faculty or academic unit.

(C) Appointing and renewal requirements.

(1) All postdoc, research associate and senior research associate appointments and renewals that are one hundred percent grant or centrally funded shall include consultation with the appropriate faculty governance body of the academic unit and must be approved by the department chair, dean of the college, and the vice president for research and sponsored programs.

(2) All postdoc, research associate and senior research associate appointments and renewals that are at least partially funded with academic unit funds shall include consultation with the appropriate faculty governance body of the academic unit and must be approved by the department chair, dean of the college, and the provost.

(3) All postdoc, research associate and senior research associate appointments and renewals must follow university policy and processes.

(D) Procedure and policy implementation for postdocs.

(1) Postdoc appointments are full-time, but temporary, one- or two-year appointments.

(2) Postdoc appointments may be granted to appointees who were awarded a Ph.D. or equivalent doctoral degree in an appropriate field typically within the last five years.

(3) Postdoc appointments are typically renewable for up to six years. All renewals are contingent upon available funding, satisfactory performance on the part of the postdoc, and adherence to all university policies and professional standards of conduct.

(4) If the appointment is not being renewed at the end of the appointment period for any reason, including lack of adequate funding, or the postdoc has reached a maximum of six years in the position (including any prior tenure as a postdoc), the department must provide at least thirty days notice, in advance of the appointment end date. Postdocs are expected to continue performing assigned responsibilities during the notice period.

(5) Department units will set the hiring rate for the scholar in alignment with the funding source and in alignment with the baseline standard set in each discipline based on market rates for research scholars in that discipline. However, in the event that a research scholar may be performing the same or similar work as a staff employee, every effort will be made to align the compensation with the staff salary structure as well.

(6) Postdocs will be under the mentorship of a primary faculty member who will seek, nominate, sponsor, and evaluate the fellow's work.

(7) A postdoc position is granted for the purpose of aiding the postdoc in the pursuit of study or training that will advance his/her/their education. The primary activity is training through research and scholarship.

(8) The university provides to postdocs all benefits and provisions generally provided to full time staff, including one hundred sixty hours of vacation leave per year, participation in the university health, dental and vision insurance, basic life insurance program, the state or alternative retirement plan, workers' compensation, etc., and postdoc is subject to all payroll deductions standard for employment.

(9) A postdoc position is not eligible for pay out of unused vacation upon separation from the university. All vacation earned must be used prior to the end of the assignment or vacation will be forfeited at the time of separation.

(10) Each postdoc must sign a statement at the commencement of the appointment (employment agreement) affirming that all rights to inventions or other intellectual property developed by the postdoc using university resources, or jointly between the postdoc and other university personnel, during the term of appointment will belong to the university in accordance with university policies and state law. During the course of appointment with the university, the postdoc must also comply with the federal, state, and local laws, rules and regulations regarding his/her/their research/assignment, including, but not limited to, intellectual property and export control.

(E) Procedure and policy implementation for research associates and senior research associates.

(1) A research associate or senior research associate is an employee of Kent state university with a term appointment. The research associate or senior research associate performs research and/or scholarly activities under the direct instruction and supervision of a faculty member in a supporting role.

(2) Research associate or senior research associate positions are term positions with typically a two-year appointment; all renewals are contingent upon available funding, satisfactory performance on the part of the research associate or senior research associate, and adherence to all University policies and professional standards of conduct.

(3) If the appointment is not being renewed at the end of the appointment period for any reason, including lack of adequate funding, the department must provide at least thirty days notice, in advance of the appointment end date. Research associates or senior research associates are expected to continue performing assigned responsibilities during the notice period.

(4) Research associate appointments may be granted to appointees who were awarded a Ph.D. or equivalent terminal (e.g., doctoral degree) in an appropriate field and who have additional research or scholarly experience after obtaining the doctoral degree, at Kent state university or an equivalent institution.

(5) Senior research associate appointments may be granted to appointees who were awarded a Ph.D. or equivalent doctorate in an appropriate field and who have at least three years of additional research or scholarly experience after obtaining the doctoral degree, as a postdoctoral associate and/or research associate, at Kent state university or an equivalent institution.

(6) The university provides to research associates and senior research associates all benefits and provisions generally provided to full time staff, including one hundred sixty hours of vacation leave per year, participation in the university health, dental and vision insurance, basic life insurance program, the state or alternative retirement plan, workers' compensation, etc., and postdoc is subject to all payroll deductions standard for employment.

(7) A research associate or senior research associate whose salary is paid from grant funds is not eligible for pay out of unused vacation upon separation from the university. All vacation earned while funded on grants must be used prior to the end of the assignment or vacation will be forfeited at the time of separation.

(8) Each research associate or senior research associate must sign a statement at the commencement of the appointment (employment agreement) affirming that all rights to inventions or other intellectual property developed by the research associate using university resources, or jointly between the research associate and other university personnel, during the term of appointment will belong to the university in accordance with university policies and state law. During the course of appointment with the university, the research associate must also comply with the federal, state, and local laws, rules and regulations regarding his/her/their research/assignment, including, but not limited to, intellectual property and export control.

(F) Implementation.

(1) Persons in postdoc, research associate or senior research associate appointments are expected to support the university commitment to a positive and ethical community and are expected to comply with all university policies and procedures. In the unlikely event that a person needs to report a violation of policy, the person may use the same avenues as allowed in the policy for employees after first reporting the situation to their primary contact.

(2) Persons in these appointments are not faculty nor are they subject to the conditions of any collective bargaining agreement.

(3) The provost and the vice president for research and sponsored programs will share oversight for these appointments and the administration of this policy.

(4) If instruction is allowed as part of the training or funding, the appointee is required to adhere to the instructor of record policy as applicable to the teaching appointment.

(5) The appointee is responsible for monitoring, reporting, and complying with all tax requirements related to compensation, whether direct or indirect income.

Last updated July 27, 2023 at 8:49 AM

History

  • Effective: July 1, 2023
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.8 Administrative policy regarding research leaves.

Policy statement. The special research leave will be granted to faculty members without pay who are authorized to take a leave of absence with approval of the department chairperson, collegial dean and vice president for academic and student affairs or designee. The special research leave will be granted when the faculty member has been approved for leave based on an offer of a research fellowship or other research appointment, for which no university financial support is requested, at another university, research center, institute, or recognized research or scholarly organization. The notation "special research leave" will be entered on the faculty member's record in place of "leave of absence" for the period of the leave in the same manner as the leave of absence is now entered.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.9 Administrative policy regarding faculty leaves of absence without pay.

(A) The university does not provide leaves of absence with pay for faculty. Leaves of absence on a one-year (or less) basis without pay may be arranged through the department chairperson or school director and, with his/her approval, the approval of the dean of the college or school, and the approval of the vice president for academic and student affairs. The department chairperson/school director must give in writing reasons for recommending and individual' request for leave without pay; the dean will forward such recommendation with his or her own comments to the office of academic personnel.

(B) Research or other advanced study, travel, medical reasons, and rest may justify the granting of a leave of absence without pay. Leave may also be granted for teaching or research in another institution, provided the faculty member accepts such appointment as visitor, and not as a regular appointment, and provided further that the faculty recognizes an obligation to return to the university for the next year of service. Leave for the purpose of eventually accepting regular appointment at another institution is not permitted, nor may a faculty member hold tenure concurrently at the university and another institution.

(C) A copy of the terms, conditions, and purpose of the leave appointment shall accompany the request for leave of absence when another institution is involved.

(D) Requests for leaves of absence for the next academic year shall be filed not later than the first of March. Requests for leaves which are proposed to begin during the second semester should be filed at the beginning of the fall semester.

(E) If a faculty member wishes an extension of leave, the same procedures as described above shall be followed, with the request for extension filed with the department chairperson or school director no later than the first of February. The request is then forwarded, as in paragraph (A) of this rule. If the university does not wish to grant the extension, and the person does not return, then the position will be considered vacated. The on-leave faculty member shall notify the vice president for faculty affairs and personnel, no later than three months prior to the expiration of the leave, of his/her intent to return. Absent such notice of intent, the position may be declared vacant.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.10 Administrative policy regarding leaves of absence without payfor nonteaching unclassified and classified staff.

(A) Policy statement. A leave of absence without pay may be granted upon written request for a period not to exceed six months when an eligible classified or unclassified staff member requests leave due to one of the types of leave detailed in this paragraph. The staff member shall furnish satisfactory medical proof of a need for leave, if applicable.

(1) A leave of absence is granted for a specific purpose. The university benefits office may review the reason for the leave as stated by the employee. If it is found that the leave is not actually being used for such purpose, the leave, if started, may be canceled and the employee directed to report to work by a written notice.

(2) An employee requesting a leave of absence may be required to utilize accrued vacation and/or compensatory time before beginning leave without pay status. Each leave request will be individually evaluated, but final determination is at the discretion of the appointing authority.

(3) A leave of absence shall not be granted to permit an employee to accept other employment.

(4) Leaves of absence under this policy must be continuous. Requests for intermittent or reduced schedule leaves are not within the purview of this policy.

(B) Eligibility

(1) An employee must have completed a minimum of four months of continuous active service at the university in order for their leave request to be considered under this policy.

(2) The employee must submit a completed written request for a leave of absence without pay using the procedures described in this policy. Any required supplemental material must be provided in order for the request to be considered.

(C) Types of leaves. Subject to the written approval by the appointing authority, the university benefits office and the vice president for people, culture and belonging (or their designee), leave granted under this policy shall be limited to the following circumstances:

(1) Temporary disability: This leave may be used for an extended absence due to the employee's own serious health condition. Leaves of absence shall be limited to the period of time that the employee is unable to safely and substantially perform the essential functions of their position, which shall not in any event exceed six months, unless otherwise required by law or collective bargaining agreement.

(2) Care for a member of the immediate family with a serious health condition: A leave of absence under this policy may be granted to care for an employee's family member who has a serious health condition that necessitates care from the employee. For the purposes of this policy, a qualifying family member is defined as a parent, spouse, registered domestic partner, step-child, biological, adopted, foster or legal ward where the family member is incapable of self-care because of a serious health condition.

(3) Childcare: A leave of absence may be granted for the purpose of child care. Childcare leave cannot exceed a total of six months, must be taken consecutively and will be granted to a parent during the first twelve months following childbirth or, in the case of adoptive or foster parents, within the first twelve months of placement.

(4) Educational leave: A leave of absence may be granted when such education would result in professional growth and development that would be of benefit to the university.

(D) Application procedure.

(1) All leaves of absence requests for the care of the employee or the employee's family member due to a medical condition must be submitted to the leave administration office within the benefits department thirty days in advance of the date the leave is to begin, when the necessity for leave is foreseeable. If the need for a leave is not foreseeable thirty days prior to the effective date of such leave, the employee must submit notice as soon as possible.

(2) If the employee requests a leave of absence for their own medical condition or to care for a member of the immediate family, the leave administration office will require a certification from the health care provider identifying the health condition of the employee or the family member and the need for the employee's leave of absence. In addition, the health care provider must indicate the estimated duration of the absence. Recertification by the health care provider may be required periodically.

(a) The leave administration office may request the employee, or the member of the employee's family, be examined by a licensed physician to be designated by the university. The cost of such an examination shall be paid by the university.

(b) In the event the medical documentation submitted by the employee's or family member's health care provider conflicts with the documentation submitted by the physician designated by the university, the leave administration office may request a third opinion be obtained from a physician mutually selected by the employee and the university. The cost of such an examination shall be paid by the university and the recommendation of the physician shall be binding on both parties.

(3) All leaves of absence requests for childcare must be submitted in writing to the leave administration office within the benefits department thirty days in advance of the date the leave is to begin, when the necessity for leave is foreseeable. If the need for a leave is not foreseeable thirty days prior to the effective date of such leave, the employee must submit notice as soon as possible.

(4) All leaves of absence requests for educational leave must be submitted to the leave administration office within the benefits department thirty days in advance of the date the leave is to begin, when the necessity for leave is foreseeable. If the need for a leave is not foreseeable thirty days prior to the effective date of such leave, the employee must submit notice as soon as possible. The request for educational leave must include all of the following:

(a) The begin and end date of the leave;

(b) The timeframe of the course;

(c) Purpose of the course, (i.e. specialty skill); and

(d) The educational benefit to the university.

(E) Implementation.

(1) Upon receipt of all necessary documentation, the leave administration office will communicate with the employee's unit, appointing authority and the vice president of the division of people, culture and belonging or their designee to determine approval.

(2) Requests for leave may be denied for any of the following:

(a) Documentation not returned by the indicated deadlines;

(b) Insufficient documentation; or

(c) Operational needs of the unit.

(3) The leave administration office will notify employees, supervisors and relevant departments of the status of the employee's request for leave of absence.

(4) Details of an employee's or an employee's family member's medical condition will be kept confidential within the benefits office and will not be shared with the employee's supervisor(s).

(F) Status of employment during leave of absence.

(1) The employee's employment status will remain unchanged while navigating the leave of absence process within the specified timeframes.

(2) The university will maintain healthcare and related coverage until either the approved unpaid leave ends or for a maximum of six months, whichever comes first. It is the employee's responsibility to contact the benefits department to make arrangements for the payment of their monthly healthcare contributions throughout the duration of the unpaid leave.

(3) The university will continue the tuition fee waiver benefit as long as the employee has active service of not less than thirty days within the semester their unpaid leave is terminated

(4) An employee on an unpaid leave of absence does not normally receive pay for holidays falling within the dates of the unpaid leave of absence.

(5) An employee on leave of absence without pay does not earn sick leave or vacation credit. However, the time spent on authorized leave of absence is evaluated in determining length of service.

(6) During an unpaid leave of absence without pay, both the employer and the employee contributions to OPERS or STRS are discontinued.

(G) Upon completion of a leave of absence, the employee is to be returned to the position formerly occupied, or to a similar position if the employee's former position no longer exists. Any replacement in the position while an employee is on leave is to be on a temporary basis.

(H) An employee who does not return from a leave of absence and who does not formally terminate their service with the university will be subject to the appropriate disciplinary process at the end of the leave. The university may charge the employee for the cost of healthcare coverage paid by the university during the leave. An exception may be made in the case where the employee was unable to return to work because of health conditions or other reason beyond the employee's control.

(I) No more than six months of leave of absence as described in this policy may be taken in a two-year period except where provided by law or regulations.

(J) Leaves described in this policy will run concurrently with other applicable leaves, if appropriate, including FMLA. An employee's total approved leave of absence will not exceed six months.

Last updated September 15, 2025 at 7:43 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.11 Administrative policy regarding leave under the FMLA.

(A) Policy statement. Employees may be entitled to a leave of absence under the Family and Medical Leave Act (FMLA). This policy provides employees with information regarding their FMLA rights and obligations.

(B) Eligible employees. To be eligible for FMLA leave, an employee must:

(1) Be employed by the university for at least twelve months (which need not be consecutive); and

(2) Have actively worked for at least one thousand two hundred fifty hours during the past twelve-month period immediately preceding commencement of the leave.

(C) Entitlement.

(1) Basic FMLA leave entitlement: FMLA provides eligible employees with up to twelve workweeks of unpaid, job-protected leave from work in a twelve-month period, in the following circumstances:

(a) The birth of the employee's child or placement of a child for adoption or foster care;

(b) To bond with a child within one year of the child's birth or placement;

(c) To care for the employee's child, spouse or parent (but not in-law) who has a qualifying health condition;

(d) For the employee's own qualifying serious health condition that renders the employee unable to perform the functions of the employee's position; or

(e) For a qualifying exigency related to the foreign deployment of a military member who is the employee's child, spouse or parent (but not in-law).

(2) Additional military family leave entitlement.

(a) In addition to the circumstances related to basic FMLA leave entitlement, an eligible employee who is the spouse, child, parent, or next of kin of a covered servicemember is entitled to take up to twenty-six work weeks of unpaid leave in a single twelve-month period to care for a covered servicemember with a serious injury or illness.

(b) For leave to care for a covered servicemember, a "qualifying serious injury or illness" includes a pre-existing injury or illness that was aggravated by service in the line of duty on active duty in the armed forces. A veteran's definition of a qualifying injury or illness will be defined by the secretary of labor. The injury or illness may manifest before or after the member becomes a veteran.

(D) Definitions

(1) Serious health condition. For the purposes of this policy, a "serious health condition" is an injury, impairment or physical or mental condition that involves:

(a) Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential mental care facility;

(b) Continuing treatment by a health care provider (at least two visits to a health care provider or one visit and a regimen of continuing treatment) for a condition that causes a period of incapacity of more than three calendar days from work, school, or other regular daily activities;

(c) Any period of incapacity due to pregnancy, or for prenatal care;

(d) Any period of incapacity (or treatment therefore) due to a serious chronic health condition (e.g. asthma, diabetes, epilepsy, etc.);

(e) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g. Alzheimer's, stroke, terminal diseases, etc.); or

(f) Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

(g) Ordinarily, unless complications arise, the common cold, the flu, earaches, upset stomach, etc. are examples of conditions that do not meet the definition of a serious health condition.

(2) Child. Except for qualifying exigency leave or covered servicemember leave, a "child" is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age eighteen, or age eighteen or older and "incapable of self-care because of a mental or physical disability" at the time that FMLA leave is to commence.

(3) Spouse. For the purposes of this policy, "spouse" is the employee's husband or wife, including through same-sex marriage or common law marriage if the marriage is recognized under state law in the state in which the marriage is entered into, but not including an unmarried domestic partner;

(4) Parent. For the purposes of this policy, "parent" means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child, but does not include inlaws.

(E) Procedure.

(1) Employee notice of need for FMLA leave.

Employees who take FMLA must timely notify the university of their need for FMLA leave. To trigger FMLA leave protection, employees must notify the university benefits department of their need for FMLA leave, either by submitting a formal request for FMLA leave or by explaining their need for leave in a way that allows the university to determine that the leave is FMLA-qualifying. If the employee is away from the workplace for more than three consecutive calendar days and has not notified the supervisor of the need for FMLA, and the employee's supervisor has sufficient knowledge to determine that leave is being taken for a qualifying FMLA reason the supervisor should notify the university benefits department. Calling in "sick" without providing the reasons for the needed leave will not be considered sufficient notice for FMLA leave under this policy. Employees do not have to share a medical diagnosis but must provide enough information to the university so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing the university that the employee will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary.

Employees must respond to the University's questions concerning whether the absences are FMLA-qualifying and the timing and duration of the requested leave. Employees will be required to complete an FMLA leave request form. Employees must inform the university if leave is requested for a reason for which FMLA leave was previously taken or certified.

(2) Timing of employee notice. Employees must provide thirty days' advance notice of the need to take FMLA leave when the need is foreseeable. When thirty days' notice is not possible, or when the need for leave is not foreseeable, employees must provide notice as soon as possible under the facts and circumstances of the particular case. Employees who fail to give thirty days' notice for foreseeable leave without a reasonable excuse for the delay, or who otherwise fail to satisfy FMLA notice obligations, may have their FMLA leave delayed or denied.

(3) Approval.

(a) All family and medical leave requests will be reviewed by the university benefits office. Once the university becomes aware that an employee's need for leave is for a reason that may qualify under the FMLA, the university will notify the employee of their eligibility and their rights and responsibilities under the FMLA. If the employee is not eligible, the university will provide the employee with a reason for the ineligibility.

(b) The university may require an employee seeking FMLA protections due to a serious health condition to submit a medical certification issued by the employee's or the employee's covered family member's health care provider. If the university determines that the certification is insufficient or incomplete, it will provide a written notice indicating what additional information is required.

(c) Additionally, the university will inform the employee whether their absence will be designated as FMLA-protected leave and the amount of leave that will be counted against the employee's FMLA leave entitlement. Under certain circumstances, the university may retroactively designate leave as FMLA leave with appropriate written notice to the employee.

(4) Benefit continuation

(a) Health benefits. Group health insurance benefits will continue while an employee is on FMLA leave under the same terms as if the employee continued to work. Any premium contribution for which the employee is responsible must continue to be paid by the employee while on leave. If the employee fails to return to work at the expiration of their leave period, the employee may be required to reimburse the university for any and all premium payments made on the employee's behalf during the period of leave. Such reimbursement will not be required if the employee fails to return due to their own continuing serious health condition or circumstances beyond the employee's control.

(b) Non-health-related benefits.

(i) While employees are on FMLA leave in an unpaid status, the university will not continue non-health benefits or benefit accruals (e.g., vacation and sick leave accruals) and employees will accrue seniority or service time unless required by an applicable collective bargaining agreement.

(ii) During any period in which the employee is on unpaid status, the university will discontinue making employer and employee contributions to OPERS, STRS, or the alternative retirement program (ARP). Such retirement benefits cannot be withdrawn during the employee's absence.

(iii) Employees will not lose any benefits, seniority, or service time that they accrued prior to their FMLA leave.

(5) Leave duration.

(a) Except for leave to care for a covered servicemember, FMLA leave may be taken for up to twelve work weeks during any twelve-month period. This twelve-month period will be calculated as a rolling twelve-month period measured forward from the date the employee first begins FMLA leave.

(b) Leave to care for a covered service member may be taken for up to twenty-six work weeks during any twelve-month period. This twelve-month period will be calculated as a rolling twelve-month period measured forward from the date the employee first begins FMLA leave.

(6) Leave conditions:

(a) Leave to care for a child following the child's birth, adoption, or foster placement.

(i) Such leave must generally be taken in consecutive work weeks. Such leave must be completed within the twelve-month period following the birth, adoption, or foster placement of the child.

(ii) Employees requesting leave for one of these purposes must provide the university with thirty days' advance notice of the leave, except if the birth, adoption, or foster placement requires leave to begin in less than thirty days, employees should provide as much advance notice as practical.

(b) Leave to care for a child following the child's birth, adoption, or foster placement.

(i) Leave due to serious health conditions will generally be taken continuously. However, when medically necessary, leave may be taken intermittently or on a reduced work week or reduced workdays.

(ii) If an employee requests an intermittent or a reduced-leave schedule that is foreseeable based on planned medical treatment, the university may require the employee to transfer temporarily to an available alternative position for which the employee is qualified to better accommodate the recurring periods of leave. Employees transferred in such circumstances will receive equivalent pay and benefits.

(iii) Employees requesting leave for these purposes must make a reasonable effort to schedule the treatment, either for themselves or for their child, spouse, or parent, so as not to unduly disrupt university operations. In this regard, the employee should endeavor to secure the cooperation of their own or their covered family member's health care provider to schedule the treatment in a way that minimizes such disruption.

(iv) Employees requesting leave for these purposes must provide thirty days' advance notice of leave, or if treatment is required in less than thirty days, as much advance notice as practicable and generally must comply with the university's usual call-off procedures.

(v) Certification. Employees requesting leave for their own or a covered family member's serious health condition will be required to provide medical certification to substantiate the leave request. Such certification should be provided within fifteen business days of the leave request, if practical, or otherwise within a reasonable period of time. Failure to provide certification will result in denial of FMLA leave until such time as the certification is received. Employees should contact the university benefits office for copies of the certification of health care provider forms to be completed by the employee's or the employee's family member's health care provider, as applicable.

(vi) Employees must provide recertification prior to completion of a period of disability originally certified by a health care provider.

(vii) The university reserves the right to have an employee or covered family member examined, at the university's expense, by a health care provider of its choice for a second opinion at its discretion. In the event of a conflict between the medical opinion of the employee's or covered family member's health care provider and that of the university in the second opinion examination, a third examination may be required by a health care provider mutually agreed upon by the university and the employee and paid for by the university. The opinion of the third health care provider shall be final and binding on the university and the employee.

(viii) Return-to-work certification. Before being permitted to return to work from a medical leave due to the employee's own serious health condition, the employee will be required to provide certification from their health care provider that the employee is able to return to work and perform the essential functions of their job. The university may provide the employee with a list of the employee's essential job functions, which the employee must then provide to the health care provider so that they can render an opinion on the employee's ability to perform those essential job functions. The university may delay and/or deny job restoration until an employee provides a return-to-work certification.

(c) Appropriate certification also will be required when employee requests leave for a qualifying exigency or to care for a qualifying serviceman

(d) Employees are not permitted and cannot be required to perform any work for the university while on FMLA leave.

(7) Interaction with other types of leave.

(a) Any absence that meets the standards for FMLA leave shall count towards employees' twelve-week allotment of FMLA leave or the twenty-six-week allotment for military FMLA leave. FMLA leave shall run concurrently with all other types of paid or unpaid leave.

(b) Before going on unpaid status, employees will be required to exhaust any and all paid leave that they are eligible to use, including paid parental leave as well as any accrued but unused sick leave, vacation, and comp time.

(c) For leave for the employee's own serious health condition, employees may also be eligible to receive other benefits, such as worker's compensation, in accordance with state law.

(8) Reinstatement. Eligible employees taking leave under this policy will be reinstated to their former position, or to an equivalent position with equivalent benefits and other terms and conditions of employment. However, no employee is entitled under this policy to any right, benefit or position other than that to which the employee would have been entitled had they not taken leave. Thus, for example, if a reduction in force or some other business condition arises which affects the employee's position, reinstatement may not be possible.

(9) Periodic notification during leave. While on FMLA leave, employees will be required to contact the university benefits department periodically regarding their leave status and intentions to return to work at the end of the FMLA leave period. If an employee's anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the university benefits department with reasonable notice (i.e., within two business days) of the employees changed circumstances and new return to work date.

(10) Protection for employees.

(a) An employer may not interfere with the exercise of any right protected under the FMLA, nor retaliate against any person for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or for involvement in any proceedings under or relating to the FMLA.

(b) If an employee believes their rights under the FMLA have been violated, the employee should report this violation to the division of people, culture and belonging so that the situation may be investigated and corrected, if necessary. In addition, the employee has the right to file a complaint with the U.S. department of labor, wage and hour division or may bring a private lawsuit against the university. The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

Last updated August 29, 2025 at 7:54 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-11.12 Administrative policy regarding paid parental leave for staff who are not in a recognized bargaining unit.

(A) Purpose. To provide maximum of six weeks paid parental leave to eligible employees to recover from childbirth and/or to care for or bond with a child.

(B) Eligibility. This policy applies to all eligible employees who are not in a recognized bargaining unit.

(1) In order to be eligible for paid parental leave, an employee must have become a new parent as a birth mother, birth father, domestic partner, an adoptive parent, or foster care parent with legal custody or guardianship.

(2) Normally, an employee must have completed at least one full year of full-time service prior to the date paid parental leave is to commence. However, an employee who becomes eligible for paid leave within the first six weeks of taking unpaid leave can switch over to paid leave for the remainder of that initial six week period (meaning, for example, an employee who takes FMLA leave following the birth of their child and then becomes eligible for paid leave two weeks into their FMLA leave, would then be entitled to four weeks of paid leave).

(3) One paid parental leave benefit is available per employee, per birth, adoption, or foster care placement event, no matter the number of children involved.

(4) Eligible parents who are both employed with the university are individually entitled to use paid parental leave.

(5) There shall be no limit placed on the age of a newly adopted or foster care child for purposes of eligibility to utilize paid parental leave.

(C) Procedures.

(1) Paid parental leave is paid at one hundred per cent of the employee's regular base rate of compensation at the time leave is taken.

(2) An employee must provide the university with at least thirty days advance written notice of intent to use paid parental leave unless such notice is not practicable, in which case the employee must give notice as soon as practicable.

(3) An employee must exhaust paid parental leave and accrued sick and vacation leave prior to using any unpaid leave to which they may be entitled.

(4) Paid parental leave shall run concurrently with all types of unpaid leave, including FMLA leave and shall be calculated using the same twelve month rolling period as provided in rule 3342-6-11.11 of the Administrative Code.

(5) Paid parental leave must be used on a continuous leave basis, but breaks in the continuous leave may be used as long as the parental leave occurs within the first twelve weeks of the event.

(6) Unless otherwise permitted as an accommodation, paid parental leave under this policy should begin immediately upon the birth, adoption, or foster placement of the child.

(7) An additional six weeks of leave either from the employee's own accumulated total sick leave and/or vacation or time transferred to the employee from donated leave that is in accordance with rule 3342-6-11.4 of the Administrative Code, may be used to supplement the paid parental leave benefit so that the parent is able to maintain income the entire twelve weeks of FMLA eligibility following childbirth, adoption, or foster care placement, for the purpose of recovery from childbirth, and bonding.

(8) Paid parental leave shall be used during the twelve weeks immediately following the birth, adoption or foster care placement. Exceptions will be considered on a case-by-case basis and the employee's request is subject to approval by the vice president of for the division of people, culture and belonging or their designee.

(9) An employee who uses paid parental leave is required to return to full-time work for at least one full year following the conclusion of the paid parental leave. If the employee does not fulfill this obligation, he/she must reimburse the University for the compensation that he/she received during the leave. This requirement may be waived if the employee is unable to return to work due to a disabling medical condition, to care for a newborn with a serious medical condition(s), or other circumstances beyond the employee's control.

(10) Employees will continue to be on active pay status during their six weeks of paid parental leave. During the period the employee is using paid parental leave, there shall be no accrual of sick leave and/or vacation.

(11) Paid parental leave is a benefit of employment and its use shall not have a negative impact on the employee's evaluation, promotion or employment status.

Last updated September 15, 2025 at 7:43 AM

History

  • Effective: September 15, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-12 University policy regarding faculty professional improvement leave.

(A) The university permits a tenured faculty member who has completed at least seven years of full-time service to the university and has the rank of assistant professor or higher to be freed of instructional or official responsibilities and granted a faculty professional improvement leave for purposes of:

(1) Upgrading professional skills;

(2) Acquiring new skills; or

(3) Intellectual and professional development that will be of benefit to the individual and to the university.

(B) Every possible effort will be made to distribute fairly such leave to all units: departments, schools, independent schools, and library administration. As general rule, the department will absorb the load of the faculty member on faculty professional improvement leave without replacement. However, in extraordinary instances, which will require presidential approval, a temporary replacement may be secured for some portion of the faculty member's load.

(C) Sabbatical leave shall be governed by the following:

(1) One semester at full benefits and a uniform rate of not less than one hundred per cent of the faculty member's contractual salary for the semester; or

(2) Two semesters at full benefits and uniform rate of not less than fifty per cent of the faculty member's contractual salary.

(3) For faculty on a twelve-month contract, the period between the end of the spring semester and the start of the following fall semester may also be taken as leave under this policy at full benefits and a uniform rate of not less than one hundred per cent of the faculty member's contractual salary for that period.

(D) It should be clearly understood that the faculty member has an obligation to continue in active service with the university for a period of at least one academic year following the completion of the leave. If the faculty member does not return to the university, then the faculty member may be required to refund any salary received from the university during the period of the leave.

(E) Any faculty member granted faculty professional improvement leave is not eligible for another faculty professional improvement leave for a period of seven years after the faculty professional improvement leave has been completed.

History

  • Effective: July 1, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-12.101 Operational procedures regarding faculty professional improvement leaves (sabbatical leaves).

(A) Eligibility.

(1) All regular, full-time tenured members of the faculty at the rank of assistant professor or higher who are in their seventh year of regular tenure-tract appointment by the university are eligible to apply for a faculty professional improvement leave. A faculty member granted a professional improvement leave must wait until the seventh year of regular faculty appointment after returning from that leave in order to be eligible to apply for another faculty improvement leave.

(2) A faculty member cannot simultaneously have both a faculty professional improvement leave and a university research leave.

(3) Members of a review committee at any level are eligible for a faculty professional improvement leave, although they cannot participate in any decision affecting themselves, a spouse or a relative.

(B) Initiation.

(1) A faculty member initiates a request for a faculty professional improvement leave by submitting a concise proposal of no more than three hundred words. The proposal must clearly indicate the purpose of the leave, how it is related to the faculty member's professional growth and development, and how it is of benefit both to the individual and the university. The proposal must also note any appointment the faculty member expects to accept during the term of the faculty professional improvement leave.

(2) The faculty member may withdraw his/her proposal from further consideration at any time.

(C) Submission.

(1) The university permits a tenured faculty member who has completed at least seven years of full-time service to the university and has the rank of assistant professor or higher to be freed of instructional or official responsibilities and granted a faculty professional improvement leave for purposes of:

(a) Upgrading professional skills;

(b) Acquiring new skills; or

(c) Intellectual and professional development that will be of benefit to the individual and the university.

(2) In order to grant a faculty professional improvement leave, the following conditions must be met:

(a) The purpose of the leave must be judged acceptable, and

(b) The department or other budgetary unit must be able to support the programmatic and staffing needs of the unity in the absence of the participant.

(3) For the purpose of submission and determination of seniority the lowest budgetary level to which a faculty member belongs will be considered the department. In the case of regional campus faculty, the lowest budgetary level is the regional campus in which a faculty member holds the primary appointment.

(4) For Kent campus faculty, the proposal must be submitted to the faculty member's department chairperson/school director or independent school dean. The final date for submission to the chairperson/school director of the proposal is the fifteenth of October of the prior academic year.

(5) For regional campus faculty members, the proposal is submitted to the dean of the regional campus and to the faculty member's department chairperson/school director. A copy of this plan must also be sent by the faculty member to the associate vice president for the extended university. The final date for submission to the chairperson/school director of the proposal is the fifteenth of October of the prior academic year.

(D) Review process at department/school level.

(1) The proposal shall be reviewed by the department/school advisory committee to determine whether eligibility requirements have been met and consider the appropriateness of the proposed plan to the interest of the university and the applicant's professional development. Upon completion of its review, the advisory committee shall advise the chairperson as to whether the purpose and plan for the faculty professional improvement leave is acceptable.

(2) The chairperson/school director, after consulting with the advisory committee, shall determine for each proposal form a Kent campus faculty member the budget and staffing capability of the department to replace the faculty member requesting the leave.

(3) The chairperson/school director shall make a decision on both the merits of the proposal(s) and the capacity of the department to provide the staffing support required by the proposal(s). For regional campus faculty, the chairperson's recommendation shall be concerned solely with the merits of the proposal.

(4) For Kent campus faculty, the chairperson/school director shall recommend staffing support, where possible, first to those applicants in the department or school whose proposals were judged acceptable:

(a) Who have the greatest years of service to the university at the date of submission, and

(b) For whom the interval since the last award of faculty professional improvement leave has been greatest.

(5) The chairperson/school director shall then forward the proposal(s) and all recommendations to the college dean.

(6) After forwarding the recommendation(s) and proposal(s) to the dean, the department chairperson/school director shall inform the faculty member of the status of the proposal, including chairperson/school director recommendation(s). In the case of regional campus faculty, the chairperson/school director shall also send a copy to the regional campus dean and the associate vice president for the extended university.

(E) Review process at the regional campus level.

(1) The proposal shall be reviewed by the regional campus advisory committee to determine whether eligibility requirements have been met and consider the appropriateness of the proposed plans to the interests of the university and the individual's professional development. Upon completion of its review, the advisory committee shall advise the campus dean as to whether the purpose and plan for the faculty professional improvement is acceptable.

(2) The campus dean, after consulting with the advisory committee, shall determine for each proposal the budget and staffing capability of the campus to replace the faculty member requesting the leave.

(3) The campus dean shall make a decision on both the merits of the proposal and the capacity of the campus to provide the staffing support required.

(4) The campus dean shall recommend staffing support, where possible, first to those applicants from the campus whose proposals were judged acceptable:

(a) Who have the greatest years of service to the university, and;

(b) For whom the interval since the last award of a faculty professional improvement leave has been the greatest.

(5) The campus dean shall then forward the proposal(s) and all recommendations to the associate vice president for the extended university.

(6) After forwarding the recommendations and proposal(s) to the associate vice president, the campus dean shall inform the faculty member of the status of the proposal, wit copies to the chairperson and college dean.

(F) Review process at the independent school level.

(1) The proposal shall be reviewed by the school advisory committee as to its merits and determine whether eligibility requirements have been met and consider the appropriateness of the proposed plan to the interests of the university and the applicant's professional development. Upon the completion of its review, the advisory committee shall advise the dean as to whether the purpose and plan for the faculty professional improvement leave is acceptable.

(2) The dean, after consulting with the advisory committee, shall determine for each proposal from a Kent campus faculty member the budget and staffing capability of the school to replace the faculty member requesting the leave.

(3) The dean shall make a decision on both the merits of the proposal(s) and the capacity of the department to provide the staffing report required by the proposal(s). For regional campus faculty, the dean's recommendation shall be concerned solely with the merits of the proposal.

(4) For Kent campus faculty, the dean shall recommend staffing support, where possible, first to those applicants in the school whose proposals were judged acceptable:

(a) Who have the greatest years of service to the university at the date of submission, and

(b) For whom the interval since the last award of a faculty professional improvement leave has been greatest.

(5) The dean shall then forward the proposal(s) and all recommendations to the office of the vice president for faculty affairs and personnel for review by the vice president for academic and student affairs.

(6) After forwarding the recommendation(s) and proposal(s) to the vice president, the dean shall inform the faculty member of the status of the proposal, including the dean's recommendation(s). In the case of regional campus faculty, the dean shall also send a copy to the regional campus dean and the associate vice president for the extended university.

(G) Review process at the collegial level.

(1) The college dean shall review the recommendation(s) concerning each proposal and, after consultation with the college advisory committee, shall make a recommendation concerning the proposal. The dean shall then forward the proposal, together with all previous recommendations, to the vice president for faculty affairs and personnel for review by the vice president for academic and student affairs (for Kent campus faculty members), and to the associate vice president for the extended university (for regional campus faculty members).

(2) The college dean shall inform the faculty member of the status of the proposal, including his/her recommended decision to the vice president, with a copy going to the chairperson/school director. In the case of a regional campus faculty member, a copy of the recommended decision shall also be sent to the regional campus dean.

(H) Review process at the associate vice presidential level.

(1) The associate vice president for the extended university will review the recommendations from the college deans and campus deans for all proposals submitted by regional campus faculty members, and make a recommendation concerning the proposal. The associate vice president shall then forward the proposal, together with all previous recommendations, to the vice president for faculty affairs and personnel for review by the vice president for academic and student affairs.

(2) The associate vice president shall inform the faculty member of the status of the proposal, including his/her recommended decision to the vice president, with copies to the chairperson, the campus dean, and the college dean.

(I) Review at university level.

(1) The vice president for academic and student affairs may consult, where appropriate, with the dean of the graduate college. After review by and consultation with the vice president for faculty affairs and personnel, the vice president shall then make a final recommendation to be forwarded to the president.

(2) The vice president for academic and student affairs shall inform the faculty member of the decision and, in the case of a negative decision, shall include the reasons therefore. In all cases a copy of the decision shall be sent to the vice president for faculty affairs and personnel, the dean and the department chairperson/school director. In the case of a regional campus faculty member, a copy shall also be sent to the regional campus dean and the associate vice president for the extended university.

(J) Appeal.

(1) If the decision of the vice president is negative, the faculty member may appeal to the president.

(2) The appeal must be sent to the office of the vice president for faculty affairs and personnel, in writing, within ten working days after receiving notification of the vice president's decision.

(3) In the appeal letter to the president, the faculty member should state completely and concisely why the appeal should be upheld.

(K) Resignation. In the event a faculty member has to resign a faculty professional improvement leave, notification shall be sent to the vice president for academic and student affairs as soon as possible, with copies sent to the appropriate dean and the vice president for faculty affairs and personnel.

(L) Summary report. No later than two months after the beginning of the semester following completion of a faculty professional improvement leave, the faculty member shall submit a summary report of the leave activities to the vice president for academic and student affairs, with copies going to the vice president for faculty affairs and personnel, the appropriate dean, and the department chairperson/school director. In the case of regional campus faculty, copies must also be sent to the associate vice president and the campus dean.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-13 University policy and procedure governing modification of the faculty probationary period.

(A) Policy statement. The probationary period for faculty members who hold a full-time tenure-track appointment at Kent state university is governed by policies on reappointment and tenure developed by the faculty senate professional standards committee and approved by the faculty senate and board of trustees. From time to time, personal and/or family circumstances arise such that a probationary faculty member may need to request that their probationary period be extended. Granting such an extension of the probationary period has traditionally been called "tolling" or "stopping the tenure clock."

(B) Eligibility (i.e., When tolling is permitted).

(1) Faculty members shall be eligible to extend the probationary period leading to a mandatory tenure review, upon request, if:

(a) The faculty (whether male or female) is a caregiver of a newborn, newly adopted or foster child, including a newborn, newly adopted or foster child of a domestic partner.

(b) The faculty member develops a serious illness or disability or a member of his or her immediate family (as defined in the university's sick leave policy) becomes seriously ill or disabled.

(2) Faculty members may be eligible to extend the probationary period leading to a mandatory tenure review, upon request, if the faculty member has other personal and/or family circumstances of a compelling nature that arise of or that occupy a substantial period of time during the pre-tenure years.

(C) Implementation: The same professional standards and expectations shall apply to tenure candidates who have had an extension of their probationary period, as would apply to candidates who have not. Professional accomplishments realized during the extended probationary period shall be considered part of a candidate's record when he or she stands for tenure and/or promotion. However, a candidate who has had his or her probationary period extended by one or two years under this policy shall not be expected to meet higher or more rigorous standards than the standards applied to individuals who have followed the normal probationary period.

(1) Faculty leave. Decisions about the extension of the probationary period shall occur independent of a faculty member's leave status. Faculty members may or may not have a full or partial leave during this period. Separate university policies and procedures exist for securing a leave (e.g. sick leave, leave of absence without pay, etc.) if one is appropriate.

(2) Length of tolling: An extension of the probationary period shall be limited for one year for each qualifying event (or child), up to a total of two years. An extension, if approved, shall be only for increments of one year. The maximum extension of the probationary period will be no more than two full years.

(3) Requesting tolling. Any request to extend the mandatory probationary period must be reviewed and approved on or before March first of the spring semester prior to the time that the candidate for tenure submits his or her tenure review file.

(4) Dissemination of the policy. A copy of this policy shall be provided to all those standing for reappointment and all new faculty by the unit administrator during the first week of the academic year.

(5) Reappointment: A faculty member who has taken a tolling year shall not submit a reappointment file during the tolling year. The following year, the candidate will submit a reappointment letter detailing their accomplishments during the prior two years. Reviewers are reminded that irrespective of the two-year time-frame (or in the case of two years of tolling, the three-year time frame), the productivity of a faculty member who has tolled is not expected to exceed what is expected of a probationary faculty member in a single year.

(D) Procedures. A probationary faculty member may initiate a request for an extension of his/her probationary period by the following procedures:

(1) On the Kent campus, the faculty member shall write a letter to the department chair or school director requesting permission to extend the probationary period and citing the reasons consistent with paragraph (B) of this policy why such action is warranted. On the regional campuses, the faculty member shall write a letter to the regional campus dean requesting permission to extend the probationary period and citing the reasons consistent with paragraph (B) of this policy why such action is warranted.

(2) On the Kent campus, the department chair or school director shall consult with the faculty advisory committee (FAC) or school advisory committee (SAC). The FAC or SAC will make an advisory recommendation to the unit administrator. The unit administrator will then make a recommendation to the college dean. If the request is approved, he or she will forward it to the dean's office for further review. On the regional campuses, the campus dean shall consult with the faculty council. The faculty council shall make an advisory recommendation to the campus dean. The campus dean will then make a recommendation to the chief academic officer of the regional campuses. If the request is approved, he or she will forward it to the chief academic officer of the regional campus campuses for further review.

(3) The college dean shall consult with the college advisory committee (CAC). The chief academic officer of the regional campuses shall consult with the regional campus faculty advisory committee (RCFAC). The CAC or RCFAC will make an advisory recommendation to the appropriate administrator. The administrator shall then make a recommendation to the provost.

(4) If the request is approved by the provost, the office of faculty affairs shall notify the faculty member in writing of the new date for the mandatory tenure review and that existing professional standards, as required by paragraph (C) of this policy, will govern the future tenure decision. A copy of this letter shall be included in the candidate's tenure file. During any year which is tolled, the faculty member does not submit a reappointment file. When the faculty member is next reviewed for reappointment, all of the faculty member's achievements, including those completed during the period subject to tolling, shall be included in the faculty member's file.

(5) External reviewers for tenure and promotion evaluation. In the letter to the candidate's external reviewers, the unit administrator shall explain that the candidate was granted an additional year or two years under the university tolling policy. The letter shall include the following statement: "The tolling policy provides for additional years toward tenure for a variety of circumstances, but the policy stipulates that the presence of an extended probationary period shall not be interpreted to increase the expectations for productivity normally placed upon a probationary faculty member."

(E) Appeals.

(1) If the request is not approved by the unit administrator or regional campus dean, the reasons for rejection will be set forth in writing and provided to the faculty member in question. If a Kent campus faculty member's request is not approved, he or she will have the right to appeal to the college dean in colleges with departments or schools, or to the provost in colleges without departments and schools and university libraries, as applicable. If a regional campus faculty member's request is not approved, he or she will have the right to appeal to the chief academic officer of the regional campuses. Such an appeal must be initiated in writing within two weeks of the receipt of the negative decision by the unit administrator or campus dean. The appeal should state clearly why the faculty member disagrees with the decision. Appeals should be heard in a timely manner.

(2) If the faculty member's request is not approved by either the college dean or the chief academic officer of the regional campuses, the reasons for the rejection will be set forth in writing and provided to the faculty member. The faculty member will have the right to appeal to the provost. Such an appeal must be initiated in writing within two weeks of the receipt of the negative decision by the college dean or chief academic officer of the regional campuses, whichever is appropriate. The appeal should state clearly why the faculty member disagrees with the decision. Appeals should be heard in a timely manner.

History

  • Effective: July 1, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-14 University policy regarding faculty tenure.

(A) Purpose. Within the limitations of Ohio laws and after the successful completion of the specified probationary period and the evaluative process called for in this policy, Kent state university shall grant faculty members indefinite tenure as one means of ensuring academic freedom.

(1) The only faculty members covered by this policy are those who hold full-time appointments to the regular ranks of the assistant professor, associate professor, or full professor. Such appointments as term, full-time non-tenure track, casual or continuing, part-time, lecturer, visiting, or adjunct and others are not included in these understandings.

(2) Kent state university recognizes a limited appointment, that is, one automatically expiring after a specified time, when the appointment recommendation particularly notes such an automatic time limit and is accepted by the appointee. Such appointments are not included in these understandings.

(3) This policy applies to administrative personnel who hold academic rank, but only in their capacity as faculty members.

(B) Initial procedure. "Indefinite tenure" is a right of a faculty member to continuous appointment to a professional position of specified locus in the university. The services of a faculty member with tenure may be terminated by the university only under policies stated in the sanctions for cause article of the applicable collective bargaining agreement and university policy on retrenchment, rule 3342-6-28 of the Administrative Code.

(1) For the purposes of tenure, the term "unit" shall be defined as a department, school, or college without subordinate academic departments or schools (hereafter, "independent college"). The term "faculty" shall be understood to mean those who hold regular full-time tenured or tenure-track appointments. Given some variance in procedures followed for faculty from independent colleges and/or regional campuses, sections of this policy have been included to delineate these specific procedural differences.

(2) Criteria appropriate to a particular unit shall be formulated by that unit in light of college (if applicable) and university standards and guidelines, the mission of the unit, and the demands and academic standards of the discipline.

(3) Tenure is granted in the unit of instruction, department, school, or independent college specified in the appointment.

(4) Tenure is granted either at the Kent campus or in the regional campuses system, but not both, and is specified at the time of the appointment.

(5) The unit handbook may recommend that candidates for tenure should be expected to meet the minimum criteria for promotion to associate professor and, in such cases, the higher standards that a candidate for early promotion is expected to meet may be applied to the candidate's application for early tenure as well. These criteria only apply to regional campus faculty if a similar standard has been set in the regional campus handbooks.

(C) Probationary periods and notice: In considering an individual for tenure, the length of time in the probationary rank and the dates of notice are related to the initial appointment rank.

(1) Probationary periods and notices dates.

(a) An initial appointment at the rank of assistant professor shall be subject to the following probationary periods.

(i) If the appointment carries no years of credit toward tenure the appointee shall receive written notification by the fifteenth of March of the sixth year of service that:

(a) Tenure will be granted. In this case the tenure shall be effective at the start of the next contract year; or

(b) Tenure is not to be granted. In this case, the appointee shall receive a one-year terminal appointment for the following academic year.

(ii) If the appointment as assistant professor carries some years of credit toward tenure, the number of years shall be deducted from six and the provisions of paragraph (C)(1)(a) of this rule shall be used with the new number replacing the six-year provision; thus if an assistant professor is hired with two years credit towards tenure, then the notification shall occur by the fifteenth of March of the fourth year of service

Typically, the maximum years of credit toward tenure for an assistant professor hire is two years. However, in extraordinary circumstances, additional credit may be granted after consultation with the faculty advisory committee (FAC) at the time of appointment.

(iii) The terms and conditions of every appointment, including credit for the previous academic appointment and specification of the year in which tenure procedures will take place, shall be stated in writing, which shall be in the possession of both Kent state university and the faculty member before the appointment is finalized. The tenure decision should be based upon these initial terms and conditions.

(iv) Faculty members may apply for early tenure consideration. Except as specified in paragraph (B)(5) of this rule, the criteria for evaluating an application for early tenure will be the same as the criteria for an on-time application for tenure. A positive vote on early tenure shall automatically constitute a positive vote for reappointment. A negative decision on early tenure shall not prejudice the decision on re-appointment or a later application for tenure.

(b) Typically, an initial appointment at the rank of associate professor, or an initial appointment at the rank of professor carries a probationary period of three years. In extraordinary cases, a shorter probationary period may be considered after consultation with the FAC at the time of appointment.

(i) If tenure is awarded in consequence of the tenure review during the third full year of service, it shall become effective with the contract for the fourth year of service.

(ii) If tenure is denied, the candidate shall receive written notification by the fifteenth of March of the third full year of service and shall receive a terminal appointment for the fourth year.

(c) Tenure with appointment: An initial appointment at the rank of associate professor or at the rank of professor may carry tenure if, after consultation with the unit's tenure committee at the time of the appointment, the dean determines that a candidate's qualifications and credentials meet Kent state university standards and the standards appropriate to the candidate's discipline for the rank of associate professor, or professor, as applicable. Approval of at least three-fourths of the members of the unit's tenure committee eligible to vote, excluding those who abstain, is required for tenure with appointment.

(2) Because the purpose of the probationary period is to provide an opportunity for observation, time spent on leave other than a scholarly leave of absence (e.g., university policy and procedures governing modification of the faculty probationary period) is not considered as part of the probationary period. Summer appointments are not counted within yearly appointments.

(3) The conferring of tenure is a positive act by the university and as such a faculty member cannot receive tenure by default.

(a) If an untenured faculty member does not receive notification by the appropriate date, the fifteenth of March of the year in which the tenure review is scheduled to be conducted in accord with paragraph (C)(1) of this policy, the faculty member as part of the faculty member's professional responsibility, shall have twenty working days to inquire of the unit administrator, dean, or provost as to the status of the faculty member's tenure decision. The university will have ten working days in which to respond.

(i) In the event that the evaluative process has been conducted, the university will notify the individual and the decision will go forward as if the appropriate notification dates had been met.

(ii) In the extreme case that a candidate has not been evaluated for tenure at the proper time, the candidate will be evaluated at the next regular evaluation period after the error has been detected with all relevant notification dates delayed accordingly.

(b) Any failure in procedural matters by the university or the faculty member shall not be sufficient cause for the conferring of tenure, the denial of tenure, or the termination of employment.

(D) Tenure criteria. For the purposes of this policy "scholarship" is broadly defined to include research, scholarly and creative work. Scholarship may include commercialization activities relevant and appropriate to the academic discipline. For the purposes of this policy "service" is broadly defined to include administrative service to the university, professional service to the faculty member's discipline, and the provision of professional expertise to public and private entities beyond the university.

(1) The granting of tenure is a decision that plays a crucial role in determining the quality of university faculty and the national and international status of the university. Essentially, those faculty members involved in making a tenure decision are asking the question; "Is this candidate likely to continue and sustain, in the long term, a program of high quality scholarship, teaching, and service relevant to the mission of the academic unit and the mission of the university?" The awarding of tenure must be based on convincing documented evidence that the faculty member has achieved a significant body of scholarship, excellence as a teacher, and has provided effective service. The candidate must also be expected to continue and sustain, over the long term, a program of high quality scholarship, teaching, and service relevant to the mission of the candidate's academic unit(s) and to the mission of the university.

(2) A minimum requirement for tenure is the terminal degree in the candidate's discipline as noted in the handbook of the candidate's academic unit. In exceptional cases, this rule may be modified with the approval of the unit's tenure committee and the provost.

(3) The criteria for assessing the quality of scholarship, teaching and service shall be clearly specified and included in the handbook of each unit and campus. Guidelines for weighing the categories of scholarship, teaching and service shall be established by each unit for Kent campus faculty. For regional campus faculty, guidelines for weighting the categories of scholarship, teaching and service shall be established by each campus faculty council and this weighting shall be used at all levels of review. The handbook should indicate with some specificity how the quality and significance of scholarship, and the quality and effectiveness of teaching, and service are to be documented and assessed. Only documented evidence of scholarship, teaching, and service will be used in assessing a faculty member's eligibility for tenure. In the evaluation of scholarship, emphasis should be placed on external measurements of quality.

(4) All tenured and tenure-track faculty members must have the opportunity to participate in the establishment, development, and revision of the unit's criteria. These processes should be democratic and public.

(5) As the university enters new fields of endeavor, including interdisciplinary initiatives, instances may arise in which the scholarship of faculty members may extend beyond established disciplinary boundaries. In such cases, care must be taken to apply the criteria with sufficient flexibility. In all instances, superior scholarly attainment, in accordance with the criteria set forth in the unit handbooks, is an essential qualification for tenure.

(6) A non-tenured faculty member applying for promotion to the rank of associate professor or full professor must also undergo a successful tenure review.

(7) Criteria based upon sex, race, color, age, national origin, religion, disability, sexual orientation, political activity or other legally protected categories are expressly forbidden.

(E) Procedure for making decisions regarding tenure.

(1) Due process is integral to an effective tenure policy. The guiding premise in the following procedure is that the essential phases in the tenure consideration occur at the unit level and at the regional campus (if applicable). Assessments and the recommendations beyond these levels should reflect due regard for the professional judgment and recommendations made at the unit and regional campus levels. Review and assessment by extra-unit and extra-regional campus faculty and the academic administration are necessary to insure the integrity of the system.

(2) External reviewers: All candidates for tenure must submit the names of at least five persons outside the university who are qualified to evaluate their achievements objectively. The unit administrator shall solicit evaluations from at least three of the qualified individuals whose names have been submitted by the candidate. The unit administrator may also solicit evaluations from external reviewers other than those named by the candidate but must inform the candidate of the persons contacted. In addition, the college dean (where appropriate) may consult with the unit administrator regarding any letters the dean may wish to solicit for consideration at the unit level and inform the candidate of such letters received. The candidate shall be given a copy of the letter to be sent to outside evaluators and have the opportunity to comment before the letter is mailed.

(F) Procedures for making decisions regarding tenure: the unit level. All actions involving tenure shall be initiated at the academic unit level. (See paragraph (B)(1) of this rule for definition of "unit.") Consideration of those standing for tenure shall be undertaken by the unit tenure committee, chaired by the unit administrator as a non-voting member and composed of all tenured members of the unit's advisory committee and any full-time faculty who are tenured full professors of the unit who may not be members of the faculty advisory committee. No member of the committee shall be present when the committee deliberates or votes on the tenure of an individual in a rank higher than that of the individual member of the tenure committee, or on the tenure of a spouse, domestic partner, or relative. A member of the committee who intends to vote on a regional campus candidate at the regional campus level of review may be present, but shall not vote on that candidate at the unit level. The unit administrator serves as the non-voting chairperson of the tenure committee.

(1) Each spring semester the unit administrator shall notify those faculty members who are eligible for tenure consideration during the next academic year.

(2) The unit administrator shall make available copies of the guidelines, timetables, and other information concerning the tenure review to all candidates in the unit, Kent campus and regional campuses faculty members alike, no later than three weeks before the deadline for submission of materials, which is at the end of the first week of the fall semester.

(3) All tenure reviews will be carried out on a paperless, electronic system provided by the university for this purpose. Candidates for tenure, reviewers and administrators must submit and review tenure file documents on this system and any official notification required under this policy will appear in this system. Faculty members being considered for tenure are responsible for developing, organizing, and including the evidence supporting their candidacy for tenure in the electronic file. The unit administrator will meet with the candidate to review the file in order to insure that the file is complete and the candidate and the unit administrator will certify that the file is complete. Thereafter, the candidate must be informed of anything that is added to or removed from the file and provided the opportunity to insert written comments concerning that new or removed material. At each level of review, advisory bodies and administrators will have access to the complete file before they consider the case.

(4) Before convening the tenure committee, the unit administrator shall formally invite signed written comments from all tenured faculty members who are not members of the tenure committee. The unit administrator shall provide these comments to the tenure committee, shall provide a copy to the candidate, and shall place the comments in the file.

(5) Members of the tenure committee on leave of absence or absent for justifiable reasons shall be notified of the nominations and shall vote by absentee ballot, or they may request from the committee the right to abstain from voting. Except where a member of the tenure committee is ineligible to vote in accordance with paragraph (F) of this rule or has been granted the right to abstain from voting, all committee members shall submit a vote on each candidate. If the tenure committee will consist of fewer than four voting members, then a special procedure for enlarging it shall be developed by the unit administrator with the advice of the faculty advisory committee and the assistance of the college dean, if applicable, and the approval of the provost.

(6) The unit administrator shall discuss the unit administrator's estimate of the strengths and weaknesses of each candidate with the unit tenure committee.

(7) The case of each candidate shall be subject to candid discussion by the committee. During the committee meeting, each voting member shall indicate the member's nonbinding "yea" or "nay." After the meeting, each voting member shall record the member's final vote by completing a signed evaluation form with comments.

(8) Approval of at least three-fourths of the members of the tenure committee who vote, excluding those who abstain under paragraph (F)(5) of this rule, shall constitute formal endorsement to the unit administrator for tenure.

(9) The unit administrator shall assemble the recorded votes, and signed evaluation forms, along with supporting statements, as well as other relevant documents regarding the faculty member's application for tenure. The unit administrator shall weigh and assess all relevant information and decide whether to recommend the granting of tenure to the candidate. The unit administrator shall record the unit administrator's decision, along with a signed statement supporting it.

(10) In the case of regional campus and Kent campus faculty alike, the unit administrator shall extend an invitation to the candidate to meet in order to discuss the assessment and recommendation. This meeting should take place as soon as possible. In all cases that are not unanimously positive, the unit administrator must meet with the candidate within five working days from the date of the submission of the unit administrator's letter to the administrator at the next higher level.

(11) The unit administrator shall inform the offices of the appropriate college dean and/or regional campus dean, where appropriate, and the provost of the results of the unit's deliberations. The file must be completed and closed at the unit level and no material shall be added or removed except as provided for in this policy.

(12) No later than the date when the unit administrator transmits the unit administrator's recommendation to the next higher administrative officer, the unit administrator shall notify the candidate of this recommendation by letter.

(a) The unit administrator shall include with this letter a copy of the unit administrator's letter of recommendation to the next higher administrative office, a summary of the advisory recommendations of the tenure committee, and copies of the committee's signed evaluation forms.

(b) In the unit administrator's letter to the candidate, the unit administrator shall inform the candidate that the candidate has the right, within ten working days, to add a letter to the candidate's file responding to any procedural errors or errors of fact that the candidate believes have been included in either the unit administrative officer's letter, or the committee members' statements.

(c) The unit administrator's letter shall also indicate that, if the candidate wishes to appeal a negative recommendation, such intent shall be expressed to the next higher academic officer in writing within ten working days of receipt of the unit administrator's letter.

(G) Procedures for making decisions regarding tenure: the regional campus level: Regional campus candidates for tenure will be reviewed both at the unit level, as described in paragraph (F) of this rule, and at the regional campus level. The tenure committee of the regional campus shall be composed of tenured members of the faculty council and full-time faculty of the campus who are tenured full professors. No member of the committee shall be present when the committee deliberates or votes on the tenure of an individual in a rank higher than that of the individual member of the tenure committee, or on the tenure of a spouse, domestic partner, or relative. A member of the committee who intends to vote at the unit level of review may be present, but shall not vote on that candidate at the regional campus level. The faculty chair is a voting member of the campus tenure committee, except in cases in which the faculty chair is untenured or has otherwise not achieved the rank held by the candidate for tenure. In such cases, the faculty chair will recuse himself or herself and a tenured individual with the appropriate rank will be elected from and by the campus tenure committee to fill the role of the faculty chair provided for in the policy.

(1) The regional campus dean will make available to the candidate and the unit copies of those sections of the campus handbook concerning the campus' method of weighting unit criteria.

(2) Regional campus faculty members being considered for tenure are responsible for developing, organizing, and submitting to the unit administrator the evidence supporting their candidacy for tenure. The unit administrator will review the files with the candidate for tenure in order to insure that the files are complete. The unit administrator will prepare a statement for inclusion in each file indicating that the file is complete as indicated in paragraph (F)(3) of this rule. The unit administrator must notify the regional campus dean in a timely fashion that the file is available for review by the campus tenure committee. Thereafter, the candidate must be informed of anything that is added to or removed from the file and provided the opportunity to insert written comments concerning the added or removed material.

(3) Before convening the campus tenure committee, the faculty chair shall formally invite signed written comments from all campus tenured faculty members who are not members of the tenure committee. The faculty chair shall provide the comments to the campus tenure committee, shall provide a copy to the candidate, and shall place the comments in the file.

(4) Members of the campus tenure committee on leave of absence or absent for justifiable reasons shall be notified of the candidacies and shall vote by absentee ballot, or they may request from the committee the right to abstain from voting. Except where a member of the tenure committee is ineligible to vote in accordance with paragraph (G) of this rule or has been granted the right to abstain from voting, all committee members shall submit a vote on each candidate. If the campus tenure committee consists of fewer than four voting members, including the voting chairperson, then a special procedure for enlarging it shall be developed by the regional campus dean, with the advice of the faculty council and the approval of the provost.

(5) The case of each candidate shall be subject to candid discussion by the committee. During the committee meeting, each voting member shall indicate the member's nonbinding "yea" or "nay." After the meeting, each voting member shall record the member's final vote by completing a signed evaluation form with comments.

(6) Approval of at least three-fourths of the members of the tenure committee who vote excluding those abstaining under paragraph (G)(4) of this rule shall constitute a formal endorsement to the regional campus dean for tenure.

(7) The faculty chair shall then summarize the committee's vote, signed evaluation forms, and recommendation for support or non-support of granting tenure to the candidate in a signed letter to the candidate and the regional campus dean. The letter shall indicate that, if the candidate wishes to respond to a recommendation for non-support, such a response must be made to the campus dean and copied to the unit administrator within ten working days of receipt of the letter. Copies of the faculty chair's letter shall be provided to the college dean, and to the unit administrator of the candidate's unit.

(8) The regional campus dean shall assemble the records, along with supporting statements, ballots, and other relevant documents. The regional campus dean will then review the file and the advisory recommendations of the campus tenure committee and unit administrator, weigh and assess all relevant information, and decide whether to recommend the granting of tenure to the candidate. The regional campus dean shall record the regional campus dean's decision along with a signed statement supporting the decision.

(9) The regional campus dean should extend an invitation to the candidate to meet in order to discuss the assessment and recommendation. This meeting should take place as soon as possible. In all cases that are not unanimously positive, the regional campus dean must meet with the candidate within five working days from the date of the submission of the regional campus dean's letter to the appropriate administrator.

(10) The regional campus dean's recommendations to grant or deny tenure to the candidate shall be submitted to either the college dean (in the case of a candidate from a dependent department or school) or to the provost (in the case of a candidate from an independent college), with copies to the unit administrator and (where the recommendation is to a college dean) to the provost. The file must be completed and closed at the regional campus level and no material added or removed except as provided for in this policy.

(11) No later than the date when the regional campus dean transmits the regional campus dean's recommendations to the college dean or provost the regional campus dean shall notify the candidate of the regional campus dean's recommendation by letter.

(a) The regional campus dean shall include within this letter a copy of the regional campus dean's letter of recommendation to the college dean or provost, a summary of the advisory recommendations of the tenure committee, and copies of the committee's signed evaluation forms.

(b) In the regional campus dean's letter to the candidate, the regional campus dean shall inform the candidate that the candidate has the right, within ten working days, to add a letter to the candidate's file responding to any procedural errors or errors of fact that the candidate believes have been included in either the regional campus dean's letter, the faculty chair's letter, or the committee members' statements.

(c) The letter shall also indicate that if the candidate wishes to appeal a negative decision, such intent shall be expressed to the next higher academic officer in writing within ten working days of receipt of the regional campus dean's letter.

(H) Procedures for making decisions regarding tenure: colleges with dependent units. The college dean shall conduct a review of the unit's decision, and where applicable, the regional campus' actions and shall convene the college advisory committee, which shall function as the college tenure committee. On the basis of the qualifications of the candidate, this committee shall evaluate all assessments deriving from the unit and, where applicable, regional campus levels, recommend to the dean whether tenure should be granted or denied.

(1) The college dean shall be the chairperson and a nonvoting member of the college tenure committee. Tenured members of the elected college advisory committee shall serve as the college tenure committee to review recommendations and evaluations from the departments and schools and recommend to the dean in each case whether tenure should be granted or denied. This committee shall have made available to it all data developed by the unit and where applicable, the regional campus. No members of the college tenure committee may vote on candidates from their own unit or own regional campus and no member of the committee shall be present when the committee deliberates or votes on the tenure of a spouse, domestic partner, or relative.

(2) Members of the college tenure committee on leave of absence shall be notified of the candidates and shall vote by absentee ballots or they may request from the committee the right to abstain from voting. Except where a member of the tenure committee is ineligible to vote in accordance with paragraph (H)(1) of this rule or has been granted the right to abstain from voting, all committee members shall submit a vote on each candidate. If the college tenure committee will consiste of fewer than four voting members, then a special procedure for enlarging it shall be developed by the college dean, with the advice of the college advisory committee and the approval of the provost.

(3) The case of each candidate shall be subject to candid discussion of the committee. During the committee meeting, each voting member shall indicate the member's nonbinding "yea" or "nay." After the meeting, each voting member shall record the member's final vote by completing a signed evaluation form with comments.

(4) Approval of at least three-fourths of the tenure committee who (excluding those who abstain for reasons under paragraph (H)(1) of this rule) shall constitute a recommendation for tenure by the college tenure committee to the college dean.

(5) The college dean shall prepare a written statement in which is recorded the recommendation of the college tenure committee, along with the numerical vote. In addition, the college dean shall submit a recommendation for approval or disapproval of tenure.

(a) For Kent campus and regional campus candidates alike, the college dean's statement and candidate's file are submitted to the provost.

(b) The file must be completed and closed at the college level and no material shall be added or removed except as provided for in this policy.

(6) No later than the college recommendation is submitted to the provost, the college dean shall notify the candidate of the college dean's recommendation by letter.

(a) The college dean shall include with this letter a copy of the college dean's letter of recommendation to the provost, a summary of the advisory recommendations of the tenure committee, and copies of the committee's signed evaluation forms.

(b) In the college dean's letter to the candidate, the college dean shall inform the candidate that the candidate has the right, within ten working days, to add a letter to the candidate's file responding to any procedural errors or errors of fact that the candidate believes have been included in either the college dean's letter or the committee member's statements.

(c) The letter shall also indicate that, if the candidate wishes to appeal a negative recommendation, such intent shall be expressed to the next higher academic officer in writing within ten working days of receipt of the college dean's letter.

(I) Procedures for making decisions regarding tenure: the provost level. The provost shall conduct a review of the previous actions and shall make an academic administrative recommendation on tenure to the president.

(1) To assist in this process with respect to Kent campus faculty, the provost shall convene the Kent campus tenure advisory board. The members of this board shall be appointed by the provost in consultation with the provost's advisory council from a list of tenured associate and full professors nominated by the faculty senate executive committee, the college advisory committees, and the college deans. It is ordinarily expected that, through such discussion, consensus on the Kent campus tenure advisory board members will be reached. In the unusual circumstance that the provost's advisory council and the provost are unable to reach consensus in regard to the members of the board by the specified date for the beginning of board's activity, the provost shall convene a Kent campus tenure advisory board that includes those for whom consensus has been reached and others that the provost appoints. This board shall evaluate from a Kent campus-wide perspective the recommendations made thus far and shall formally advise the provost as to whether, in its view, these recommendations should be accepted.

(2) To aid in making a recommendation with respect to regional campus faculty, the provost shall convene a regional-campus-wide tenure advisory board. The members of this board shall be appointed by the Provost in consultation with the regional campuses faculty advisory council and regional campus deans from a list of tenured associate and full professors nominated by each regional campus faculty council and the regional campus deans. It is ordinarily expected that, through such discussion, consensus on the regional campuses-wide tenure advisory board members will be reached. In the unusual circumstance that the regional campuses faculty advisory council and the provost are unable to reach consensus in regard to the members of the board by the specified date for the beginning of the board's activity, the provost shall convene a regional campuses-wide tenure advisory board that includes those members for whom consensus has been reached and others that the provost appoints. This board shall evaluate from a regional campus-wide perspective the recommendations made thus far and shall formally advise the provost as to whether, in its view, these recommendations should be accepted.

(3) No member of the Kent campus or regional-campus-wide tenure advisory board will vote on a candidate for whom the member cast a ballot at a lower level of review and no member may be present while the board deliberates or votes on the tenure of a spouse, domestic partner, or relative.

(4) The provost shall provide written notification to all candidates for tenure of the action taken. Such notification shall be made at least one week prior to the date designated as the submission date for recommendations for tenure by the president to the board of trustees. The communication to candidates whose tenure is not approved shall include reasons why approval was withheld. A negative recommendation shall include a statement of the relevant unit handbook criteria or criteria as established in this policy that the candidate has failed to meet. Copies of each communication shall be sent to the college dean, regional campus dean (if applicable) and the unit administrator.

(J) New material may be added as requested by a review committee or the responsible academic administrator at any level in order to correct or more fully document information contained in the tenure file. In such instances, the candidate shall be notified of, and given the opportunity to review, such new material as is added to the file and also be provided with the opportunity to include written comments relevant to this material and/or the appropriateness of its inclusion in the file. In no case will a candidate for tenure be required to create new material or required to procure material not currently in possession of the candidate.

(K) Any faculty member whose tenure has been disapproved at any level shall have the right to appeal to the next higher academic administrative officer. In the case of denial by the provost, the appeal shall be to the president, or when appropriate, to the joint appeals board (see collective bargaining agreement, Article VII, Section 2). All appeals must be initiated by the candidate in writing within ten working days of the candidate's receipt of the disapproval notification or as otherwise specified by the collective bargaining agreement. At each level of appeal, the appellant shall be offered an opportunity to appear in person to present the appellant's case orally before the appropriate tenure advisory committee or board. The appellant may be accompanied by a colleague who may assist in presenting the appellant's case. Furthermore, if an individual other than the appellant is invited to address the committee or board, the appellant shall have an opportunity to respond to any new information. The committee or board shall determine whether the information is new and whether to invite an oral or written response. The academic administrator in question shall consider the vote of this body seriously before making the recommendation and shall inform both the appellant and the academic administrator at the next higher level of the results of this vote.

(L) Academic administrators and members of tenure committees are expected to act in accordance with the principles of due process and abide by the "Professional Code of Ethics" (rule 3342-6-17 of the Administrative Code). All documents in the tenure process are subject to the Ohio Open Records Law (section 149.43 of the Revised Code).

(M) Normally, decisions regarding tenure for all faculty members who are appointed to a tenure-track position will be governed by the university policies and procedures regarding faculty reappointment, tenure, and promotion and the unit handbook in place at the time of the initial appointment. In the event that university policies and procedures regarding faculty reappointmetn, tenure, and promotion and/or the unit handbook are revised during the faculty member's probationary period, the faculty member will have the option of being governed by the current policies and the current unit handbook or by the policies and the unit handbook in place at the time of the faculty member's initial appointment. The faculty member will include a written election of this option in the faculty member's file.

(N) Transfer of tenure. Tenured faculty members may transfer from one academic unit to another; from the regional campus system to an academic unit at the Kent campus, or from an academic unit at the Kent campus to the regional campus system in accordance with the following procedure:

(1) The tenured faculty member who is seeking a transfer shall initiate a written request to both the faculty member's current academic administrator (i.e., department chair, school director, independent college dean or regional campus dean) and to the academic administrator of the academic unit or regional campus to which the faculty member seeks a transfer.

(2) The appropriate faculty advisory body of the academic unit or regional campus from which the incoming faculty member seeks a transfer should provide a written recommendation on the acceptability of the transfer to the academic administrator. Upon receipt of this recommendation, the academic administrator will forward the academic administrator's written recommendation together with that of the faculty advisory committee, to the dean of the college, who in turn makes a recommendation to the provost. In the case of faculty in independent colleges, the unit administrator's recommendation is forwarded directly to the provost.

(3) The appropriate faculty advisory body of the academic unit or regional campus to which the incoming faculty member seeks a transfer should provide a written recommendation on the acceptability of the transfer to the academic administrator. In addition, the ad hoc tenure committee of the academic unit or regional campus to which the incoming faculty member seeks a transfer should evaluate the professional credentials of the incoming faculty member and provide a recommendation to the academic administrator. In order to undertake this evaluation, the committee may request evidence of excellence in scholarship, teaching, and service in a form to be decided by the committee (i.e., curriculum vita, teaching dossier, a written statement from the faculty member seeking the transfer). Approval of at least three-fourths of the members of the unit's or campus' tenure committee who vote, excluding those who abstain, is required for transfer of tenure. If the ad hoc tenure committee approves the transfer of tenure, the academic administrator will forward the academic administrator's recommendation together with that of the faculty advisory committee and the ad hoc tenure committee to the dean of the college who in turn makes a recommendation to the provost. In the case of faculty in independent colleges, the unit administrator's recommendation is forwarded directly to the provost.

(4) The provost shall consult with the provost's advisory council. The final decision on the transfer of a tenured faculty member between academic units and/or campuses rests with the provost. In the event that the provost's decision conflicts with the unit tenure committees vote, the provost shall provide a statement in writing to the unit administrator explaining the decision.

(5) A faculty member whose tenure transfers under this section will retain the faculty member's rank.

Last updated December 30, 2025 at 10:06 AM

History

  • Effective: December 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-28

(A) As defined in section 3345.454 of the Revised Code, "retrenchment" means a process by which a state institution of higher education reduces programs or services, thus resulting in a temporary suspension or permanent separation of one or more institution faculty, to account for a reduction in student population or overall funding, a change to institutional missions or programs, or other fiscal pressures or emergencies facing the institution.

Retrenchment may occur within a designated program, within a designated academic unit, and/or within a program across the regional campus system as a whole.

(1) Retrenchment may be necessary when a judgement, made by the university, based upon the evidence, indicates one of the following:

(a) the university finds it desirable to change or adopt new academic missions or programs; or

(b) the university's ability to fulfill its academic goals has been or will be seriously affected because of a pattern of declining income; or

(c) a general pattern of declining enrollment exists in the university or in a particular unit(s) or program(s), either of which has seriously affected or will seriously affect the university's ability to fulfill its academic goals and responsibilities; or

(d) the university faces the need for quick and substantial retrenchments due to documented extraordinary circumstances (beyond the general pattern of declines in enrollment and/or income covered by the above paragraphs (A)(1)(b) and (A)(1)(c)).

(2) When implemented, retrenchment will be reflected in any one or more of the following ways:

(a) Program modification;

(b) Reallocation of resources;

(c) Changes in academic organizations;

(d) Program excision.

(B) If the university determines that a reduction in the number of faculty may become necessary, it shall first attempt to achieve the desired result through the following:

(1) Attrition, including voluntary early retirement;

(2) Restructuring or reallocation of resources to reduce non-academic expenses and/or administrative overhead.

(3) The university may also attempt to achieve the desired result through the following:

(a) Transfer of faculty from one program or academic unit into another program or academic unit within which their specific academic expertise would be valuable and which is not itself facing fiscal pressures that might necessitate retrenchment;

(b) Transfer of regional campus faculty within one and the same program to another regional campus or from the regional campuses system to the Kent campus.

After considering the preceding, and after consultation with the faculty senate, the university may determine that retrenchment is necessary and proceed to paragraph (C) below.

(C) Following the determination provided for in the above Section B, and after consultation with the faculty senate, the office of the provost, acting on behalf of the university, will notify the dean(s) of the affected program(s), academic unit(s) or regional campus(es) that retrenchment may be required. Accompanying such notification shall be a written description and rationale for the proposed reductions, a copy of which is to be simultaneously forwarded to the chair of the faculty senate and the Kent state united faculty association.

(1) Upon receipt of the above described notice of possible retrenchment, the provost, and/or the dean(s) of the affected program(s), academic unit(s) or campus(es) shall, in accordance with the shared governance procedure, obtain the recommendations of the faculty advisory body of any affected academic unit(s) or campus(es) on how best to carry out the proposed retrenchment. Within fifteen (15) calendar days of the receipt of such notification of possible retrenchment, the faculty advisory body shall submit any recommendations, including alternative proposals, to the provost and its dean.

(2) The original notice of possible retrenchment, plus all recommendations from each faculty advisory body of any affected program(s), academic unit(s) or campus(es) submitted in accordance with the above subsection (C)(1) will then be submitted to the Educational Policies Council for review and recommendations. The educational policies council may then review the proposed retrenchment, take into consideration any other matters it considers relevant and submit its recommendations to the faculty senate within fifteen (15) calendar days. The recommendation, if any, of the elected representatives of the faculty senate must be received by the university within thirty (30) calendar days after receipt by the faculty senate of the recommendation from the educational policies council.

(D) After receiving and considering the recommendation(s) of the faculty advisory bodies of the affected program(s), academic unit(s) or campus(es) and the faculty senate, if such is submitted, the university, through the provost, will make the final determination on any retrenchment.

(E) Once the final determination has been made that retrenchment is necessary, the following factors shall determine which faculty members within the affected program(s), academic unit(s) or campus(es) will be released:

(1) The affected faculty member shall first be placed in the appropriate one of the following categories:

(a) Non-tenure eligible faculty (employment classes F2 and F6) who have completed less than three consecutive years of employment as faculty members;

(b) Probationary tenure-track faculty (employment class F1) who have completed less than three consecutive years on the tenure-track;

(c) Non-tenure eligible faculty (employment classes F2 and F6) who have completed between three and six consecutive years of employment as faculty members;

(d) Probationary tenure-track faculty (employment class F1) who have completed more than three years on the tenure-track;

(e) Non-tenure eligible faculty (employment classes F2 and F6) who have completed more than seven consecutive years of employment;

(f) Tenured faculty (employment class F1) members.

(2) Faculty members within each of the categories listed above in subsection (E)(1), will then be placed in the appropriate rank subcategory:

(a) Lecturer/assistant professor

(b) Associate lecturer/associate professorLecturer/assistant professor

(c) Senior lecturer/professor

(3) Faculty members will be recommended for release starting with the most junior ranked faculty in the first category in (E)(1), and continuing by rank (from most junior to most senior) within that category, and then proceeding similarly through the ranks within each of the categories in (E)(1). In making the final determination within each rank subcategory of a category as to whether or not an individual faculty member will be released, the following additional factors will be given full consideration:

(a) the quality of the faculty member's performance in the areas for which the faculty member was hired;

(b) the impact on the academic program resulting from the release of the faculty member;

(c) the impact on the college, department, or program accreditation resulting from the release of the faculty member;

(d) the faculty member's length of service with the university.

(4) The dean(s) of the affected program(s), academic unit(s), or campus(es) after receiving the recommendation of the appropriate faculty advisory bodies concerning the factors listed in subsection (E)(3), above, will make final recommendations in accordance with subsections (E)(1), (E)(2), and (E)(3) above to the office of the provost concerning the individual faculty members to be released.

The provost will then make the final recommendation to the president for the university in accordance with subsections (E)(1), (E)(2), and (E)(3) above concerning the faculty members to be released and will notify each such faculty member in accordance with the time limitations set forth in the following paragraph (F). A copy of each such notification shall be sent to the chair of the faculty senate and to the Kent state united faculty association.

(F) Notice of release.

(1) The circumstances requiring retrenchment set forth in paragraphs (A)(1)(a) to (A)(1)(c) of this rule cover reductions in the number of faculty members which could be anticipated and planned for well in advance of the actual release of faculty members. Accordingly, in circumstances requiring retrenchment under paragraphs (A)(1)(a) to (A)(1)(c) of this rule, the university will provide notice of release to affected faculty members in accordance with the following:

(a) For a faculty member in category (E)(1)(a) or (E)(1)(b), at least ten (10) months in advance of release.

(b) For a faculty member in category (E)(1)(c) or (E)(1)(d), at least twelve (12) months in advance of release.

(c) For a faculty member in category (E)(1)(e) or (E)(1)(f), at least eighteen (18) months in advance of release.

(2) When retrenchment is invoked under paragraph (A)(1)(d) of this rule, notices of release to be effective at the end of the current academic year must be received by the affected faculty member not later than one-hundred twenty (120) days in advance of release in the case of faculty in the categories provided in (E)(1)(a) to (E)(1)(d) to this rule and not later than six (6) months in advance of release in the case of faculty in categories provided in (E)(1)(e) and (E)(1)(f) of this rule.

(G) The procedure for retrenchment set forth in this policy is designed to accommodate both the orderly change in the university and reductions that must accompany more abrupt changes in circumstances. Therefore, this paragraph (G) shall not be used to accomplish retrenchment. However, it is recognized that catastrophic circumstances beyond the control of the university could develop which require reductions, and such catastrophic circumstances would render impossible or unfeasible the implementation (but only so long as these catastrophic circumstances are in effect) of any or all of the procedures contained in this policy. If such unforeseen, uncontrolled and catastrophic circumstances should occur, then the university agrees that, before taking any action that could be interpreted as bypassing the retrenchment procedures, representatives of the university will meet with representatives of the faculty senate to discuss and show evidence of the circumstances described above and to discuss the proposed course of action.

(H) This policy shall be reviewed by the faculty senate and updated by the board of trustees every five (5) years in accordance with section 3345.454 of the Revised Code.

Last updated December 30, 2025 at 10:07 AM

History

  • Effective: December 28, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-17

(A) The faculty of the university subscribes to the principle of the 1940 "Statement of Principles on Academic Freedom and Tenure" adopted by the American association of university professors. Within the rationale in the AAUP statement, it is emphasized that academic freedom is necessary to the mission of the faculty of a university, since it is eminently in the interest of society that, without fear of retribution, the professor should be free to conduct research and make public its results and to teach his/her subject in the classroom. Professional responsibility is a logical correlative of this freedom.

(B) This code of ethics sets forth those responsibilities which as the correlatives of academic freedom are incumbent every facet of university life, but attempts to treat those that are most important and common, The spirit of this document as a whole should be easily applied to any specific situation not considered.

(C) Responsibility to students.

(1) The faculty members' central responsibility to their students is to attempt to impart a knowledge and understanding of a field of study to develop in students appropriate and relevant skills, and to do so in accordance with the best standards of scholarship and pedagogy in the discipline.

(2) Faculty members have a responsibility to their students to entertain all questions relevant to the subject matter being taught and to discuss such questions, even if controversial, objectively.

(3) Faculty members are responsible for providing instruction in the announced subject matter of the course, although they are free to interrelate the subject matter of the course to those contemporary issues that are relevant to the purposes and the subject matter of the course.

(4) Faculty members should guard the classroom against external pressures, including the student's fear that what they do or say in the honest pursuit of intellectual inquiries will affect rating within a course, future chances of employment, or later standing in the community

(5) Faculty members shall not exploit students for personal purposes either in or out of the classroom.

(6) Faculty members should deal with students justly and impartially, regardless of their physical, mental, emotional, political, economic, social, racial, or religious characteristics or participation in extracurricular activities.

(7) Faculty members should not do, with or without pay, such academic work as is properly to be done by the student.

(8) Faculty members are expected to accept and carry out faithfully those duties central to the instructional commitment they have with their students including prompt and regular meeting of classes and student advising and consultation.

(9) Faculty members should strive for a timely, just, and unprejudiced appraisal of all student work. Faculty members owe students the right of review of their work and grades given, and in case of serious grievance or dispute, the right of appeal.

(10) Faculty members should secure permission and give credit for the use of original student contributions in their lectures or publications, in the same manner and degree as for materials from other sources.

(11) Faculty members should encourage and protect honest performance by the student. They should pursue suspected cases of cheating and plagiarism by students.

(12) Faculty members should not disclose confidential information about their students except as required by law or provided for by university regulations and procedures.

(D) Responsibility to university.

(1) In activities in which faculty members engage outside the university, it is plainly their responsibility to make it clear, when circumstances require, that they are acting as individuals and not as representatives of the university.

(2) Faculty members should maintain in strict confidence all departmental or university matters agreed to be confidential. If any issue or matter is of such a nature that a faculty member, as a matter of conscience must speak out, this intention should be stated beforehand to all concerned.

(3) Faculty members who seek modification or alteration of policy shall make every reasonable effort to carry their cases through governance channels.

(E) Responsibility to profession.

(1) Faculty members should seek and state the truth in their discipline as they see it. To this end they shall continue such studies and research as are necessary to remain current in their field.

(2) It is the faculty members' responsibility to guard their freedom to inquire and to state the results of inquiry in lectures, publications, or other appropriate modes of expression.

(3) Faculty members shall comment in candor and fairness on the work of colleagues when properly requested through duly constituted academic and faculty agencies and when in accordance with established policy.

(4) Faculty members shall avoid personal attacks on colleagues and disparagement of other disciplines or programs, although reasoned criticism is recognized as legitimate.

(5) Faculty members shall neither practice nor condone plagiarism in lectures, publications, or other public presentations, nor attach their name for credit to a paper or publication toward which they have made no professional contribution.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-15 University policy regarding faculty promotion.

(A) Purpose. Promotion shall be viewed as recognition of a faculty member's scholarship, teaching, and service. For the purposes of this policy, "scholarship" is broadly defined to include research, scholarly and creative work. For the purposes of this policy "service" is broadly defined to include administrative service to the university, professional service to the faculty member's discipline, and the provision of professional expertise to public and private entities beyond the university.

(1) For promotion purposes, the term "unit" shall be defined as a department, school, or college without subordinate academic departments or schools (hereafter, 'independent college'). The term "faculty" shall be defined as those who hold regular full-time tenured or tenure-track appointments. Given some variance in procedures followed for faculty from independent colleges and/or regional campuses, sections of this policy have been included to delineate these specific procedural differences.

(2) Criteria appropriate to a particular unit shall be formulated by that unit in light of college (if applicable) and university standards and guidelines, the mission of the unit, and the demands and academic standards of the discipline.

(B) Promotion criteria. Recommendations for promotion shall be based upon two major classes of criteria. The first, "academic credentials and university experience," describes the normal minimums of credentials and time-in-rank necessary for promotion consideration. The second, "academic performance and service," refers to the record of actual performance and the accomplishments by the faculty member in academic and service areas, as defined by the unit handbook. Unless otherwise specified in the unit handbook, documented in-press and forthcoming scholarly or creative works will be considered as part of the record of accomplishments.

(1) Academic credentials and university experience.

(a) Assistant professor. A faculty member will not be considered for advancement to this rank until either completion of three years as an instructor and possession of at least the master's degree, or until the academic credentials minimally required for initial appointment at the assistant professor's level are achieved.

(b) Associate professor. This is one of the two senior ranks in academia; accordingly a faculty member must possess the terminal degree in the faculty member's discipline before promotion consideration. In exceptional cases, this rule may be modified with the approval of the unit's promotion committee and the provost. A faculty member will not usually be considered for advancement to this rank until completion of five years as an assistant professor, but in cases where the candidate has met the expectations for promotion, they may be considered after completion of fewer years as an assistant professor. Unless otherwise specified in the unit handbook, the criteria for evaluating an application for early promotion will be the same as the criteria for an on-time application for promotion. If the initial appointment as assistant professor carries some years of credit toward tenure, the number of years shall be deducted from the normal expectation that the candidate has completed five years as an assistant professor; thus if an assistant professor is hired with two years credit towards tenure and applies for promotion to associate professor after completion of three years as an assistant professor, the application would not be considered an application for early promotion. A non-tenured faculty member applying for promotion to the rank of associate professor must also undergo a successful tenure review.

(c) Full professor. As with associate professor, a faculty member must possess the terminal degree in the faculty member's discipline before promotion consideration. In exceptional cases, this rule may be modified with the approval of the unit's promotion committee and the provost. A faculty member will not usually be considered for advancement to this rank until completion of five years as an associate professor, but in cases where the candidate has met the expectations for promition, they may be considered after completion of fewer years as an associate professor. Unless otherwise specified in the unit handbook, the criteria for evaluating an application for early promotion will be the same as the criteria for on-time application for promotion. A non-tenured faculty member applying for promotion to the rank of full professor must also undergo a successful tenure review. Unlike tenure and promotion to associate professor, promotion to professor does not involve an assessment of productivity within a set number of years. Rather, it recognizes success in meeting the academic unit's requirements for scholarship, teaching, and service commensurate with the rank of full professor, irrespective of the number of years in the rank of associate professor.

(2) The criteria for assessing the quality of scholarship, teaching and service shall be clearly specified and included in the handbook of each unit and campus. Guidelines for weighting the categories of scholarship, teaching and service shall be established by each unit for Kent campus faculty. For regional campus faculty, guidelines for weighting the categories of scholarship, teaching and service shall be established by each campus faculty council and this weighting shall be used at all levels of review. The handbook should indicate with some specificity, how the quality and significance of scholarship and the quality and effectiveness of teaching and service are to be documented and assessed. Only documented evidence of scholarship, teaching, and service will be used in assessing a faculty member's eligibility for promotion. In the evaluation of scholarship, emphasis should be placed on external measures of quality.

(3) All tenured and tenure-track faculty members of the unit must have the opportunity to participate in the establishment, development and revision of the unit's criteria. These processes should be democratic and public.

(4) As the university enters new fields of endeavor, including interdisciplinary initiatives, instances may arise in which the scholarship of faculty members may extend beyond established disciplinary boundaries. In such cases, care must be taken to apply the criteria with sufficient flexibility. In all instances, superior scholarly attainment, in accordance with the criteria set forth in the unit handbooks, is an essential qualification for promotion.

(5) Criteria based on sex, race, color, age, national origin, religion, disability, sexual orientation, or political activity or other legally protected categories are expressly forbidden.

(C) Procedures for making decisions regarding promotion.

(1) Due process is integral to an effective promotion policy. The guiding premise in the following procedure is that the essential phases in promotion consideration occur at the unit level and at the regional campus (if applicable). Assessments and the recommendations beyond these levels should reflect due regard for the professional judgments and recommendations made at the unit and regional campus levels. Review and assessment by extra-unit and extra-regional campus faculty and the academic administration are necessary to insure the integrity of the system.

(2) External reviewers. All candidates for promotion must submit the names of at least five persons outside the university who are qualified to evaluate their achievements objectively. The unit administrator shall solicit evaluations from at least three of the qualified individuals whose names have been submitted by the candidate. The unit administrator may also solicit evaluations from external reviewers other than those named by the candidate but must inform the candidate of the persons contacted. In addition, the college dean, where appropriate) may consult with the unit administrator regarding any letters the dean may wish to solicit for consideration at the unit level and inform the candidate of such letters received. The candidate shall be given a copy of the letter to be sent to outside evaluators and have the opportunity to comment before the letter is mailed.

(3) Any agreement at the time of appointment concerning a candidate's future promotion must be approved in writing by the unit administrator with the advice of the unit's faculty advisory committee. Such agreement also must be approved by the college dean (if applicable) and the provost. If previous experience at another institution or in a related field is to be counted toward eventual promotion, that shall be made clear in such an agreement.

(D) Procedures for making decisions regarding promotion: the unit level. Any action for the promotion of a faculty member shall be initiated at the academic unit level. (See paragraph (A)(1) of this rule for definition of "unit".) Consideration of those standing for promotion shall be undertaken by a unit promotion committee chaired by the unit administrator as a nonvoting member and composed of the tenured members of the unit's faculty advisory committee and any full-time faculty who are tenured full professors of the unit who may not be on the faculty advisory committee. No member of the committee shall be present while the committee deliberates or votes on the promotion of a spouse, domestic partner, or relative. No member other than the unit administrator (who shall not be present when the unit administrator's own promotion is discussed) shall be present while the committee deliberates or votes on promotions to a rank higher than that of an individual committee member. A member of the committee who intends to vote on a regional campus candidate at the regional campus level of review may be present, but shall not vote on that candidate at the unit level.

(1) Each spring semester, the unit's faculty advisory committee shall review all faculty members below the rank of full professor in the unit, including regional campus faculty members, and from them nominate by simple majority vote a list of nominees for promotion. To this list must be appended any names submitted by persons in their own behalf, by the unit administrator and/or by an academic administrative officer of the university. Those nominated shall be notified by the unit administrator and permitted to withdraw their names if they wish. Faculty with dual appointments shall be considered for promotion in their primary academic unit after consultation with the secondary academic unit.

(2) The unit administrator shall make available copies of the guidelines, timetables and other information concerning promotion review to all candidates in the unit, Kent campus and regional campus faculty members alike, no later than three weeks before the deadline for submission of materials, which is at the end of the first week of the fall semester.

(3) All promotion reviews wil be carried out on a paperless, electronic system provided by the university for this purpose. Candidates for promotion, reviewers and administrators must submit and review promotion file documents on this system and any official notification required under this policy will appear in this system. Faculty members being considered for promotion are responsible for developing, organizing, and submitting to the unit administrator the evidence supporting their candidacy for promotion. The unit administrator will meet with the candidate review the file for promotion in order to ensure that the file is complete and the candidate and the unit administrator will certify that the file is complete. Thereafter, the candidate must be informed of anything that is added to or removed from the file, and provided the opportunity to insert written comments concerning that new or removed material. At each level of review, advisory bodies and administrators will have access to the complete file before they consider the case.

(4) Before convening the promotion committee, the unit administrator shall formally invite written comments from all tenured faculty members who are not eligible to vote on the promotion. The unit administrator shall provide those comments to the promotion committee, shall provide a copy to the candidate, and shall place the comments in the file.

(5) Members of the promotion committee on leave of absence or absent for justifiable reasons shall be notified of the nominations and shall vote by absentee ballot, or they may request from the committee the right to abstain from voting. Except where a member of the promotion committee is ineligible to vote in accordance with paragraph (D) of this rule or has been granted the right to abstain from voting, all committee members shall submit a vote on each candidate. If the promotion committee will consist of fewer than four voting members, then a special procedure for enlarging it shall be developed by the unit administrator with the advice of the faculty advisory committee and the assistance of the college dean, if applicable, and the approval of the provost.

(6) The unit administrator shall discuss the unit administrator's estimate of the strengths and weaknesses of each candidate with the unit promotion committee.

(7) The case of each candidate shall be the subject of candid discussion by the committee. During the committee meeting, each voting member shall indicate the member's nonbinding "yea" or "nay." After the meeting, each voting member shall record the member's final vote by completing a signed evaluation form with comments.

(8) Approval of at least three-fourths of the members of the unit's promotion committee who vote, excluding those who abstain under paragraph (D)(5) of this rule, shall constitute the formal endorsement to the unit administrator for promotion.

(9) The unit administrator shall assemble the recorded votes, signed evaluation forms, along with supporting statements, as well as other relevant documents regarding the faculty member's application for promotion. The unit administrator shall weigh and assess all relevant information and decide whether to recommend promotion. The unit administrator shall record the unit administrator's decision, along with a signed statement supporting it.

(10) In the case of regional campus and Kent campus faculty alike, the unit administrator shall extend an invitation to the candidate to meet in order to discuss the assessment and recommendation. This meeting should take place as soon as possible. In all cases that are not unanimously positive, the unit administrator must meet with the candidate within five working days from the date of the submission of the unit administrator's letter to the administrator at the next higher level.

(11) The unit administrator shall inform the offices of the appropriate college dean, regional campus dean, where appropriate, and the provost of the results of the unit's deliberations. The file must be completed and closed at the unit level and no material shall be added or removed except as provided for in this policy.

(12) No later than the date when the unit administrator transmits the unit administrator's recommendation to the next higher administrative officer, the unit administrator shall notify the candidate of his/her recommendation by letter.

(a) The unit administrator shall include with this letter a copy of the unit administrator's letter of recommendation to the next higher administrative officer, a summary of the advisory recommendations of the promotion committee, and copies of the committee's signed evaluation forms.

(b) In the unit administrator's letter to the candidate, the unit administrator shall inform the candidate that the candidate has the right, within ten working days, to add a letter to the candidate's file responding to any procedural errors or errors of fact that the candidate believes have been included in either the unit administrator's letter, or the committee members' statements.

(c) The letter shall also indicate that, if the candidate wishes to appeal a negative recommendation, such intent shall be expressed to the next higher academic officer in writing within ten working days of receipt of the unit administrator's letter.

(E) Procedures for making decisions regarding promotion: the regional campus level. Regional campus candidates for promotion will be reviewed at the unit level (as described in paragraph (D) of this rule) and at the regional campus level. The promotion committee of a regional campus shall be composed of the tenured members of the faculty council and full-time faculty of the campus who are tenured full professors. No member of the committee shall be present when the committee deliberates or votes on the promotion of an individual to a rank higher than that of the individual faculty member of the promotion committee, or on the promotion of a spouse, domestic partner, or relative. A member of the committee who intends to vote at the unit level of review may be present, but shall not vote on that candidate at the regional campus level. The faculty chair is a voting member of the campus promotion committee, except in cases when the committee deliberates or votes on the promotion of an individual to a rank higher than the faculty chair. In such cases, the faculty chair will recuse himself or herself and a tenured individual with the appropriate rank will be elected from and by the campus promotion committee to fill the role of the faculty chair provided for in the policy.

(1) The regional campus dean will make available to the candidate and the unit copies of those sections of the campus handbook concerning the campus' method of weighing unit criteria.

(2) Regional campus faculty members being considered for promotion are responsible for developing, organizing, and submitting to the unit administrator the evidence supporting their candidacy for promotion. The unit administrator will review the files with the candidate for promotion in order to ensure that the files are complete and will prepare a statement for inclusion in each file indicating that the file is complete as indicated in paragraph (D)(3) of this rule. The unit administrator must notify the regional campus dean in a timely fashion that the file is available for review by the campus promotion committee. Thereafter, the candidate must be informed of anything that is added to or removed from the file and provided the opportunity to insert written comments concerning the added or removed material.

(3) Before convening the campus promotion committee, the faculty chair shall formally invite signed written comments from all campus tenured faculty members who are not eligible to vote on the promotion. The faculty chair will provide the comments to the campus promotion committee, copy the candidate, and place the comments in the file.

(4) Members of the campus promotion committee on leave of absence shall be notified of the candidacies and shall vote by absentee ballots or they may request from the committee the right to abstain from voting. Except where a member of the promotion committee is ineligible to vote in accordance with paragraph (E) of this rule or has been granted the right to abstain from voting, all committee members shall submit a vote on each candidate. If the campus promotion committee will consist of fewer than four voting members, including the voting chair, then a special procedure for enlarging it shall be developed by the regional campus dean, with the advice of the faculty council and the approval of the provost.

(5) The case of each candidate shall be subject to candid discussion by the committee. During the committee meeting, each voting member shall indicate the member's nonbinding "yea" or "nay." After the meeting, each voting member shall record the member's final vote by completing a signed evaluation form with comments.

(6) Approval of at least three-fourths of the members of the campus promotion committee who vote (excluding those abstaining under paragraph (E)(4) of this rule) shall be required for a recommendation to the regional campus dean for promotion.

(7) The faculty chair shall then summarize the committee's vote, signed evaluation forms, and recommendation for support or non-support of granting promotion to the candidate in a signed letter to the candidate and the regional campus dean. The letter shall indicate that, if the candidate wishes to respond to a recommendation for non-support, such a response must be made to the campus dean and copied to the unit administrator within ten working days of receipt of the letter. Copies of the faculty chair's letter shall be provided to the college dean and to the unit administrator of the candidate's unit.

(8) The regional campus dean shall assemble the records, along with supporting statements, ballots, and other relevant documents. The regional campus dean will then review the file and the advisory recommendations of the campus promotion committee and the unit administrator, weigh and assess all relevant information, and decide whether to recommend the granting of promotion to the candidate. The dean shall record the dean's decision along with a signed statement supporting the decision.

(9) The regional campus dean should extend an invitation to the candidate to meet in order to discuss the assessment and recommendation. This meeting should take place as soon as possible in all cases. In all cases that are not unanimously positive, the regional campus dean must meet with the candidate within five working days from the date of the submission of the dean's letter to the appropriate administrator.

(10) The regional campus dean's recommendation to grant or deny promotion to the candidate shall be submitted to either the college dean (in the case of a candidate from a dependent department or school) or to the provost (in the case of a candidate from an independent college), with copies to the unit administrator and (where the recommendation is to a college dean) to the provost. The file must be completed and closed at the regional campus level and no material is to be added or removed except as provided for in this policy.

(11) No later than the date when the regional campus dean transmits the regional campus dean's recommendations to the college dean or provost, the regional campus dean shall notify the candidate of the regional campus dean's recommendation by letter.

(a) The regional campus dean shall include within this letter a copy of the regional campus dean's letter of recommendation to the college dean or provost, a summary of the advisory recommendations of the tenure committee, and copies of the committee's signed evaluation.

(b) In the regional campus dean's letter to the candidate, the regional campus dean shall inform the candidate that the candidate has the right, within ten working days, to add a letter to the candidate's file responding to any procedural errors or errors of fact that the candidate believes have been included in either the regional campus dean's letter, the faculty chair's letter, or the committee member's statements.

(c) The letter shall also indicate that, if the candidate wishes to appeal a negative recommendation, such intent shall be expressed to the next higher academic officer in writing within ten working days of receipt of the regional campus dean's letter.

(F) Procedures for making decisions regarding promotion: colleges with dependent units. The college dean shall conduct a review of the unit's decision and, where applicable, the regional campus' actions and shall convene the college advisory committee, which shall function as the college promotion committee. On the basis of the qualifications of the candidate, this committee shall evaluate all assessments deriving from the unit and, where applicable, the regional campus levels, and recommend to the college dean either promotion or denial of promotion.

(1) The college dean shall be the chair and a nonvoting member of the college promotion committee. Tenured members of the elected college advisory committee shall serve as the college promotion committee to review recommendations and evaluations from the departments and schools and recommend to the college dean in each case whether promotion should be granted. This committee shall have made available to it all data developed by the unit and, where applicable, the regional campus. These materials shall be the subject of candid discussion by the committee, except that no member of the college promotion committee may vote on candidates from their own unit or own regional campuse and no member of the committee shall be present when the committee deliberates or votes on the tenure of a spouse, domestic partner, or relative.

(2) Members of the college promotion committee on leave of absence shall be notified of the candidacies and shall vote by absentee ballots or they may request from the committee the right to abstain from voting. Except where a member of the promotion committee is ineligible to vote in accordance with paragraph (F) of this rule or has been granted the right to abstain from voting, all committee members shall submit a vote on each candidate. If the college promotion committee will consist of fewer than four voting members, then a special procedure for enlarging it shall be developed by teh college dean, with the advice of the college advisory committee and the approval of the provost.

(3) During the committee meeting each voting member shall indicate the member's nonbinding "yea" or "nay." After the meeting, each voting member shall record the member's final vote by completing a signed evaluation form with comments.

(4) Approval of three-fourths of the members of the promotion committee who vote (excluding those who abstain for reasons under paragraph (F)(1) of this rule) shall constitute a recommendation for promotion by the college promotion committee to the college dean.

(5) The college dean shall prepare a written statement in which is recorded the recommendation of the college promotion committee, along with the numerical vote. In addition, the college dean shall submit a recommendation for approval or disapproval of the candidate's promotion.

(a) For Kent campus and regional campus candidates alike, the college dean's statement and candidate's file are submitted to the provost.

(b) The file must be completed and closed at the college level and no material shall be added or removed except as provided for in this policy.

(6) No later than the date the college recommendation is submitted to the provost, the college dean shall notify the candidate of the college dean's recommendation by letter.

(a) The college dean shall include with this letter a copy of the college dean's letter of recommendation to the provost, a summary of the advisory recommendations of the promotion committee, and copies of the committee's signed evaluation forms.

(b) In the college dean's letter to the candidate, the college dean shall inform the candidate that the candidate has the right, within ten working days, to add a letter to the candiate's file responding to any procedural errors or errors of fact that the candidate believes have been included in either the college dean's letter or the committee member's statements.

(c) The letter shall also indicate that, if the candidate wishes to appeal a negative decision recommendation, such intent shall be expressed to the next higher academic officer in writing within ten working days of receipt of the college dean's letter.

(G) Procedures for making decisions regarding promotion: the provost level. The provost shall conduct a review of the previous actions and shall make an academic administrative recommendation on promotion forwarded to the president.

(1) To assist in this process with respect to Kent campus faculty, the provost shall convene the Kent campus promotion advisory board. The members of this board shall be appointed by the provost in consultation with the provost's advisory council, from a list of tenured associate and full professors nominated by the faculty senate executive committee, the college advisory committees, and the college deans. It is ordinarily expected that, through such discussion, consensus on the Kent campus promotion advisory board members will be reached. In the unusual circumstance that the provost's faculty advisory council and the provost are unable to reach consensus in regard to the members of the board by the specified date for the beginning of the board's activity, the provost shall convene a Kent campus promotion advisory board that includes those for whom consensus has been reached and others that the provost appoints. This board shall evaluate from a Kent campus-wide perspective the recommendations made thus far and shall formally advise the provost as to whether, in its view, these recommendations should be accepted.

(2) To aid in making a recommendation with respect to regional campus faculty, the provost shall convene a regional-campus-wide promotion advisory board. The members of this board shall be appointed by the provost in consultation with the regional campuses faculty advisory council and regional campus deans from a list of tenured associate and full professors nominated by each regional campus faculty council and the regional campus deans. It is ordinarily expected that, through such discussion, consensus on the regional campuses-wide promotion advisory board members will be reached. In the unusual circumstance that the regional campuses faculty advisory council and the provost are unable to reach consensus in regard to the members of this board by the specified date for the beginning of the board's activity, the provost shall convene a regional campuses-wide promotion advisory board that includes those members for whom consensus has been reached and others that the provost appoints. This board shall evaluate from a regional campus-wide perspective the recommendations made thus far and shall formally advise the provost as to whether, in its view, these recommendations should be accepted.

(3) No member of the Kent campus or regional-campus-wide promotion advisory board will vote on a candidate for whom the member cast a ballot at a lower level of review and no member may be present while the board deliberates or votes on the promotion of a spouse, domestic partner, or relative.

(4) The provost shall provide written notification to the candidates for promotion of the action taken. Such notification shall be made at least one week prior to the date designated as the submission date for recommendations for promotion by the president to the board of trustees. The communication to candidates whose promotions are not approved shall include reasons why approval was withheld. A negative recommendation shall include a statement of the relevant handbook criteria or criteria as established in this policy that the candidate has failed to meet. Copies of each communication shall be sent to the college dean, regional campus dean (if applicable) and academic unit administrator.

(H) New material may be added as requested by a review committee or the responsible academic administrator at any level of review in order to correct or more fully document information contained in the promotion file. In such instances, the candidate shall be notified of, and given the opportunity to review, such new material as is added to the file and shall also be provided with the opportunity to include written comments relevant to this material and/or the appropriateness of its inclusion in the file. In no case will a candidate for promotion be required to create new material or required to procure material not currently in possession of the candidate.

(I) Any faculty member whose promotion has been disapproved at any level shall have the right to appeal to the next higher academic administrative officer. In the case of denial by the provost, the appeal shall be to the president, or when appropriate, to the joint appeals board (see collective bargaining agreement, Article VII, Section 2). All appeals must be initiated by the candidate in writing within ten working days of the candidate's receipt of the disapproval notification or as otherwise specified by the collective bargaining agreement. At each level of appeal, the appellant shall be offered an opportunity to appear in person to present the appellant's case orally before the appropriate promotion advisory committee or board. The appellant may be accompanied by a colleague who may assist in presenting the appellant's case. Furthermore, if an individual other than the appellant is invited to address the committee or board, the appellant shall have an opportunity to respond to any new information. The committee or board shall determine whether the information is new and whether to invite an oral or written response. The academic administrator in question shall consider the vote of this body seriously before making the recommendation and shall inform both the appellant and the academic administrator at the next higher level of the results of this vote.

(J) Academic administrators and members of promotion committees are expected to act in accordance with the principles of due process and abide by the "Professional Code of Ethics" (rule 3342-6-17 of the Administrative Code). All documents in the promotion process are subject to the Ohio Open Records Law (section 149.43 of the Revised Code).

(K) Applicable university policies and academic unit handbooks for faculty members being considered for promotion.

(1) Normally, probationary faculty members being considered for promotion to assistant or associate professor will be governed by the university policies and procedures regarding faculty reappointment, tenure, and promotion and the unit handbook in place at the time of the initial appointment. In the event that university policies and procedures regarding faculty reappointment, tenure, and promotion and/or the unit handbook are revised during the faculty members' probationary period, the faculty member will have the option of being governed by the current policies and the current handbook or by the policies and the unit handbook in place at the time of the faculty member's initial appointment. The faculty member will include a written election of this option in the faculty member's file.

(2) Normally, tenured faculty members being considered for promotion to associate professor or full professor will be governed by the university policies and procedures regarding faculty promotion and the unit handbook in place at the time they submit their promotion file. In the event that university policy and procedures regarding faculty promotion and/or the unit handbook are revised during the five year period preceding the submission of the promotion file, the faculty member will have the option of being governed by the current policies and the current unit handbook or by the policies and the unit handbook in place at any time during the five year period. The faculty member will include a written election of this option in the faculty member's file.

Last updated October 1, 2021 at 9:02 AM

History

  • Effective: October 1, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-15.1 Administrative policy regarding graduate faculty.

(A) Each academic unit shall form a graduate faculty committee selected from its present full members of the graduate faculty. It may be desirable for this committee to be the graduate studies committee to the academic unit. This committee shall evaluate its faculty for graduate faculty status and forward its recommendations to the academic unit administrator or designee for approval. Recommendations for graduate faculty status shall be based on the following minimum criteria. Additional criteria may be specified in the academic unit handbook.

(B) Criteria for full membership on graduate faculty.

(1) Appointment of full-time faculty status at Kent state university.

(2) Possession of the terminal degree that is appropriate to the discipline. In most academic units, this is the doctorate. In some instances, such as the case of an outstanding artist, musical performer, or other specialist, achievement that has received regional, national, or international recognition in the discipline may take the place of the terminal degree.

(3) Scholarly, creative, or professional activities resulting in publications or other recognition of distinction during the past five years as defined in the academic unit handbook. In rare instances and with great caution, this requirement may be waived for senior faculty members who have a distinguished record of thesis direction.

(4) Good teaching at the graduate level, where appropriate. It is understood that not all faculty members who participate regularly in the training of graduate students have the opportunity to teach at the graduate level.

(5) Good advising/mentoring at the graduate level, where appropriate. It is understood that not all faculty members who participate regularly in the training of graduate students have the opportunity to advise/mentor students at the graduate level.

(C) Criteria for associate membership on graduate faculty.

(1) Appointment of full-time faculty status at Kent state university.

(2) The possession of the appropriate degree in the discipline as stated in paragraph (B)(2) of this rule.

(3) Strong potential for the training of graduate students as determined by the graduate faculty of the academic unit.

(4) Any additional criteria as specified in the academic unit handbook.

(D) Criteria for temporary membership on graduate faculty.

(1) The possession of the appropriate degree in the discipline as stated in paragraph (B)(2) of this rule.

(2) Scholarly, creative, or professional activities resulting in publications or other recognition of distinction as defined in the academic unit handbook.

(3) Time-limited appointment and specified responsibilities as recommended by the graduate faculty of the academic unit.

(4) Individuals with temporary graduate faculty membership need not have appointment as a full-time faculty member at Kent state university.

(E) Duties and privileges of full members of graduate faculty.

(1) Teach graduate courses.

(2) Advise graduate students on their program of study.

(3) Serve on master's and doctoral examination committees.

(4) Direct master's theses, projects, or capstones.

(5) When approved by the graduate faculty of the academic unit, direct doctoral dissertations. Additional criteria for directing doctoral dissertations will be established in the academic unit handbook.

(6) Serve as voting members of the graduate faculty, able to serve on the graduate council and other graduate faculty committees.

(F) Duties and privileges of associate members of the graduate faculty.

(1) Teach graduate courses. Additional criteria for teaching specific graduate courses may be specified by the graduate faculty of the academic unit.

(2) Advise graduate students on their program of study.

(3) When appropriate as judged by the graduate faculty of the academic unit, serve on master's and doctoral examination committees.

(4) When appropriate as judged by the graduate faculty of the academic unit, direct master's theses, projects, and capstones.

(5) When appropriate as judged by the graduate faculty of the academic unit, co-direct doctoral dissertations with a full member of the graduate faculty.

(6) When appropriate as judged by the graduate faculty of the academic unit, serve as voting members of the graduate faculty, able to serve on the graduate council and other graduate faculty committees.

(G) Duties and privileges of temporary members of the graduate faculty.

(1) Teach specific graduate courses as specified by the graduate faculty of the academic unit.

(2) When appropriate as judged by the graduate faculty of the academic unit, serve on master's and doctoral examination committees.

(3) When appropriate as judged by the graduate faculty of the academic unit, co-direct masters' theses, projects, and capstones with a full member of the graduate faculty.

(4) When appropriate as judged by the graduate faculty of the academic unit, co-direct doctoral dissertations with a full member of the graduate faculty.

(H) All full and associate members of the graduate faculty shall have their graduate faculty status reviewed according to the foregoing procedures in the fall semester of every fifth year beginning in the fall of 2024. Academic units may review the graduate faculty status of full and associate members as necessary given revisions to academic criteria for graduate faculty status.

Last updated September 15, 2021 at 3:56 PM

History

  • Effective: August 27, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-15.2 Administrative policy and procedures regarding university faculty pursuing a graduate program degree at the university.

(A) Policy statement. Enrollment of full-time faculty in graduate program degree programs at the university is governed by the following specified conditions.

(1) Full-time faculty members may enroll in any graduate degree program to which they are formally admitted, whether offered by their own academic unit or another, provided that they do not already hold the equivalent of that specific program degree.

(2) A full-time faculty member who is pursuing a graduate program degree in their own unit and who is a member of either the unit's graduate faculty committee or the graduate curriculum committee shall not be present for any discussions pertaining to the graduate program in which they are enrolled.

(3) A full-time faculty member who is pursuing a graduate program degree in their own unit shall not serve as program coordinator for the graduate program in which they are enrolled.

(4) A full-time faculty member pursuing a graduate program degree shall not serve on any thesis, dissertation, or exam review committee for any student in the same program in which the faculty member is enrolled.

(5) A full-time faculty member pursuing a graduate program degree shall not vote on any personnel action affecting their thesis/dissertation advisor, any member of their thesis/dissertation committee, or any faculty member from whom they are currently taking a course.

(6) In light of the faculty member's dual status as faculty and graduate student, the academic unit administrator and/or regional campus dean may determine that there are potential conflicts of interests concerning other academic unit or campus committees. In such cases, and after consultation with relevant faculty advisory bodies, the academic unit administrator and/or regional campus dean may require that the faculty member recuse themselves from some or all of that committee's deliberations. Such restrictions will be clearly laid out in writing.

(7) In other respects, the faculty member pursuing graduate program work in this university retains all the rights and privileges normally belonging to their academic rank, including faculty insurance plans and retirement benefits.

(8) No faculty member should take more than six hours of graduate level coursework (including, independent research, thesis, or dissertation) in any one term. In unusual cases, exceptions may be made to this rule by the senior administrator for graduate affairs upon written request from the academic unit administrator or campus dean. Such written request will provide a clear explanation of what is unusual about the case such that it warrants an exception to the six credit hour limitation.

(9) If, in the opinion of the academic unit administrator or regional campus dean, any aspect of the faculty member's job performance is being unduly affected by their participation in a graduate program, the faculty member may be required by the academic unit administrator to reduce the amount of coursework taken. In such cases, the restriction and the reasons for it will be clearly laid out in writing.

(10) Except where obtaining a particular graduate program degree has previously been identified as a requirement for continued employment as a full-time faculty member, a faculty member's performance in a graduate program degree shall not be taken into account in personnel matters relating to the faculty member's status as a full-time faculty member.

Last updated June 1, 2022 at 8:30 AM

History

  • Effective: June 1, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-15.3 Administrative policy regarding research creative activity appointments.

(A) Some special investigations which faculty members wish to pursue require unusual time commitments. The research or creative activity appointments are intended to help in such situations and is awarded either as an academic year or summer grant. An academic-year appointment is an authorization to the collegial dean and the departmental chairperson to make a major and unusual shift in a faculty member's load from teaching to research/creative activity duties. A summer appointment supports research/creative activity during the combined ten-week period coinciding with the two summer terms. It carries a fixed stipend. No other compensation may be earned concurrently with the summer appointment. Summer research appointments are awarded upon the condition that the recipient shall be a faculty member of this university the following year.

(B) Further details and application forms are available from the office of research and graduate studies. The annual competition is announced early in the fall semester each year.

(C) Research/creative activity appointments are made by the vice president for research and dean of graduate studies upon the recommendation of the university research council.

Last updated September 15, 2021 at 3:56 PM

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-16 University policy and procedures regarding faculty reappointment.

(A) Purpose. All tenure-track faculty members hold probationary appointments for one year, subject to annual renewal. Except where indicated in this paragraph (A), the total period of full-time tenure-track employment at the university prior to continuous tenure will not exceed six years. Faculty members with probationary appointments in the tenure track will be reviewed annually until the academic year in which they are considered for tenure. Because the purpose of the probationary period is to provide an opportunity for observation, time spent on leave other than a scholarly leave of absence or time spent pursuant to the university policy and procedures governing modification of the faculty probationary period is not considered part of the probationary period. Summer appointments are not counted within yearly appointments. Scholarly leaves of absence for one year or less will count as part of the probationary period. Reappointment reviews have as their primary purpose the preparation of probationary faculty members for a successful tenure review, and annual reviews will help to prepare them in the following ways:

(1) Probationary faculty members will be given Information about university policies and unit and/or regional campus goals, culture, and professional and collegial standards and expectations;. For the purposes of reappointment, the term "unit" shall be defined as a department, school, or college without departments or schools. The term "faculty" shall be understood to mean those who hold regular full-time tenured or tenure-track appointments. Given some variance in procedures followed for faculty from colleges without departments or schools and/or regional campuses, paragraphs of this rule have been included to delineate these specific procedural differences.

(2) Probationary faculty members will participate in regular, complete, and specific formative evaluations during the probationary period to foster their scholarship, teaching and service.

(3) Probationary faculty members will have an opportunity to discuss their annual reviews; to respond to suggestions for improvement in scholarship, teaching, and service; and to receive a timely, fair evaluation of their responses.

(4) Probationary faculty members will have the opportunity to establish a mentoring relationship as an aid in satisfying unit and if applicable, regional campus requirements and conditions for tenure;.

(5) Finally, probationary faculty members will have the opportunity to establish a clear and consistent record from which the university may confidently draw conclusions about their future performance.

(B) Initial procedure. Reappointment review is a deliberate and important process. During the course of reappointment reviews, the academic administrators (e.g., department chair, school director, college dean, regional campus dean) will communicate to both the probationary faculty member and to the evaluators a clear understanding about the requirements and conditions of tenure. Eventually, at the time of tenure review all parties should be sufficiently informed of these requirements and conditions so that the process occurs in an atmosphere of fairness and is based on well-documented employment practices. To help make sure this takes place, the format of the electronic file (or portfolio) to be submitted at the time of application for tenure and promotion should be shared with the probationary faculty member early in the probationary period. To prevent annual reappointment reviews from becoming an undue burden on probationary faculty members and the colleagues who evaluate their files, units shall develop reasonable guidelines for the construction of electronic reappointment files and the presentation of documentation.

All reappointment reviews will be carried out on a paperless, electronic system provided by the university for this purpose. Probationary faculty members, reviewers and administrators must submit and review reappointment documents on this system, and any official notification required under this policy will appear in this system. The probationary faculty member will be notified by email of anything that is added to or removed from the file as soon as it is added or removed. At each level of reappointment review, the probationary faculty member, faculty advisory bodies and administrators will be able to view the complete file.

(C) Criteria. The criteria used in assessing the quality of scholarship, teaching, and service in the review of faculty seeking reappointment should conform to the unit's tenure guidelines in the unit's handbook. Guidelines concerning the weighting of those criteria will be applied consistently at all levels of review and will come from the probationary faculty member's unit of appointment or, if applicable, campus of appointment as follows: all reappointment evaluations of Kent campus probationary faculty members shall follow the unit's guidelines concerning the weighting of the unit's tenure criteria, and all reappointment evaluations of regional campus probationary faculty members shall follow the campus' guidelines concerning the weighting of the unit's tenure criteria.

(D) Affirmation principle. The principle to affirm at reappointment review is, "Given the years of service to date and the number of years until mandatory tenure review, it is reasonable to expect that the probationary faculty member will eventually undergo a successful tenure review." To help the probationary faculty member accomplish this and to aid the reappointment committee in making such an affirmation, expectations about scholarship, teaching, and service should be outlined in the letter of appointment. Specific criteria should be detailed in the unit handbook, and, if applicable, the campus handbook.

(E) Due process is integral to an effective reappointment policy. The guiding premise in the following procedure is that the essential phases in reappointment considerations occur at the unit level and, if applicable, at the regional campus. Assessments and recommendations beyond these levels should reflect due regard for the professional judgment and recommendations made at the unit and regional campus levels. Review and assessment by extra-unit and extra-regional campus faculty and the academic administration are necessary to insure the integrity of the reappointment process.

(F) Procedures for making decision regarding reappointment: the unit level. All actions involving reappointment shall be initiated at the academic unit level (department, school, or college without departments or schools). Consideration of those standing for reappointment shall be undertaken by the unit reappointment committee chaired by the unit administrator as a non-voting member and composed of all tenured members of the unit's faculty advisory committee and any full-time faculty who are tenured full professors of the unit who may not be members of the advisory committee. No member of the committee may be present when the committee deliberates or votes on the reappointment of an individual in a rank higher than that of the individual member of the reappointment committee, or on the reappointment of a spouse, domestic partner or relative. A member of the committee who intends to vote on a regional campus candidate at the regional campus level of review may be present, but shall not vote on that candidate at the unit level.

(1) In the first year of the probationary period the unit administrator will notify the probationary faculty member in the appointment letter that a reappointment review will occur shortly after the end of the first semester. At that time the probationary faculty member will submit only a two to three page statement describing the probationary member's accomplishments and plans for the remainder of the academic year. All parties participating in the review should be aware that a full review is not required at this time, but that two things should be accomplished during this first review.

(a) The unit administrator and the unit's reappointment committee should review the probationary faculty member to make certain that the terms of the initial appointment have been satisfied.

(b) The unit administrator and the unit's reappointment committee should apply those criteria in paragraph (C) of this rule which are appropriate or are available (e.g., first semester peer review(s) and student surveys of instruction) for the reappointment review.

Faculty members from departments or schools in the their first probationary year will not be reviewed by the college advisory committees, but will be reviewed only at the unit, and where appropriate, regional campus level, with a recommendation by the unit administrator and, where appropriate, campus dean to the college dean.

(2) For every following annual review, near the end of the spring semester the unit administrator shall notify all probationary tenure-track faculty members in the unit, Kent campus and regional campus faculty members alike, that a reappointment review will begin early in the fall semester of the next academic year.

(3) The unit administrator shall make available copies of the guidelines, timetables and other information concerning reappointment review to all probationary faculty members in the unit no later than three weeks before the deadline for submission of materials, which is at the end of the first week of the fall semester. At the same time, for regional campus probationary faculty, the campus dean will make available to the probationary faculty member and to the unit copies of those sections of the campus handbook concerning the campus' method of weighting unit criteria.

(4) Probationary faculty members are responsible for developing, organizing and submitting the documentation supporting their reappointment. However, the unit administrator, as well as colleagues, should assist probationary faculty members in the preparation of their files, especially in their early years of service.

(5) The unit administrator is responsible for including past reappointment letters and, for Kent campus probationary faculty, the original letter of appointment in the file. For regional campus probationary faculty, the campus dean is responsible for including past reappointment letters and the original letter of appointment in the file. The unit administrator will meet with the probationary faculty member to review the file in order to insure that the file is complete, and the probationary faculty member and the unit administrator will certify that the file is complete. Thereafter, the probationary faculty member must be informed of anything added to or removed from the file and provided with the opportunity to include written comments concerning that new or removed material.

(6) Before convening the reappointment committee, the unit administrator will inform all tenured faculty members that the files are available for inspection, and will formally invite written comments from all tenured faculty members who are not members of the reappointment committee. The unit administrator will include those comments in the file.

(7) Members of the reappointment committee on leave of absence may vote or they may request from the committee the right to abstain from voting. Except where a member of the reappointment committee is ineligible to vote in accordance with paragraph (F) of this rule or has been granted the right to abstain from voting, all committee members shall submit a vote on each candidate. If the reappointment committee will consist of fewer than four voting members, then a special procedure for enlarging it shall be developed by the unit administrator, with the advice of the faculty advisory committee and the assistance of the college dean, if applicable, and the approval of the provost.

(8) The unit administrator will comment on the strengths and weaknesses of, and the extent to which the probationary faculty member has responded to issues raised in previous reappointment reviews, especially suggestions about improvement in scholarship, teaching, and service. Finally, the unit administrator should provide his or her judgment of how well the probationary faculty member is progressing toward a successful tenure review.

(9) Each candidate's file shall be subject to candid discussion by the committee. During the meeting, each voting member shall indicate the member's non-binding vote of "yes," "yes with reservations," or "no" concerning the reappointment of the probationary faculty member. After the meeting, each voting member shall record his or her final vote by completing the electronic evaluation form, with comments. The reappointment committee members should consider their remarks carefully when they prepare them because such peer evaluations are critical to the reappointment process.

(10) A simple majority of the reappointment committee members who vote, excluding those who abstain under paragraph (F)(7) of this rule, will constitute recommendation to the unit administrator for reappointment. A vote of "yes with reservations" will count as a positive vote to reappoint the probationary faculty member, but it shall carry an additional message of concern.

(11) The unit administrator shall review the recorded votes, and evaluation forms, along with supporting statements, as well as other relevant documentation regarding the faculty member's application for reappointment. The unit administrator shall weigh and assess all relevant information and decide whether to recommend the reappointment of the probationary faculty member. He or she will include in the file a single, detailed assessment and recommendation, which clearly conveys the strengths and weaknesses of the probationary faculty member's performance in scholarship, teaching, and service. The assessment and recommendation should follow the criteria as specified in paragraph (C) of this rule and also any individual expectations for a given probationary faculty member. Specific suggestions concerning performance necessary to achieve a positive tenure decision should also be included in this assessment and recommendation.

(12) As part of the unit administrator's assessment and recommendations, the unit administrator shall inform the candidate that the candidate has the right, within ten working days, to add a statement to the candidate's file responding to any procedural errors or errors of fact that the candidate believes have been included in either the unit administrative officer's assessment and recommendation or in the committee members' evaluations. The unit administrator shall also indicate that, if the candidate wishes to appeal a negative recommendation, such intent shall be expressed to the next higher education officer in writing within ten working days of the submission of the unit administrator's assessment and recommendation.

(13) In addition, for regional campus and Kent campus faculty alike, the unit administrator shall invite the probationary faculty member to meet in order to discuss the assessment and recommendation. This meeting should take place as soon as possible. In all cases that are not unanimously positive, the unit administrator must meet with the probationary faculty member within five working days from the date of the submission of the unit administrator's assessment and recommendation.

(G) Procedures for making decisions regarding reappointment: the regional campus level. Faculty members at the regional campuses will have reappointment reviews occur at both the regional campus level and unit level (as described in paragraph (F) of this rule). The reappointment committee of a regional campus will be composed of tenured members of the campus' faculty council and the full-time faculty of the campus who are tenured full professors. No member of the committee may be present when the committee deliberates or votes on the reappointment of an individual in a rank higher than that of the individual reappointment committee member, or on the reappointment of a spouse, domestic partner, or relative. A member of the committee who intends to vote at the unit level may be present, but shall not vote on that candidate at the regional campus level. The faculty council chair conducts the deliberations and is a voting member of the campus reappointment committee.

(1) In the first year of the probationary period the campus dean will notify the probationary faculty member in the appointment letter that a reappointment review will occur shortly after the end of the first semester. At that time the probationary faculty member will submit only a two to three page statement describing his or her accomplishments and plans for the remainder of the academic year. All parties participating in the review should be aware that a full review is not required at this time, but that two things should be accomplished during this first review at the campus level.

(a) The campus dean and the campus reappointment committee should review the probationary faculty member to make certain that the terms of the initial appointment have been satisfied.

(b) The campus dean and the campus reappointment committee should apply those criteria and weighting in paragraph (C) of this rule which are appropriate or are available (e.g., first semester peer review(s) and student surveys of instruction) for the reappointment review. Regional campus faculty members from departments or schools in their first probationary year will not be reviewed by the college advisory committees, but will be reviewed only at the campus and unit levels with a recommendation by the unit administrator and the campus dean to the college dean.

(2) For every following annual review, near the end of the spring semester, probationary faculty members in the first year will not be reviewed by the college advisory committees, but will be reviewed only at the campus and unit levels with a recommendation by the campus dean and college/school dean/semester the unit administrator will notify all probationary tenure-track faculty members in the unit, Kent campus and regional campus faculty members alike, that a reappointment review will begin early in the fall semester of the next academic year.

(3) The unit administrator shall make available copies of the guidelines, timetables and other information concerning reappointment review to all probationary faculty members no later than three weeks before the deadline for submission of materials, which is at the end of the first week of the semester. At the same time, for regional campus probationary faculty, the campus dean will make available to the probationary faculty member and the unit copies of those sections of the campus handbook concerning the campus' method of weighting unit criteria.

(4) Probationary faculty members at the regional campuses are responsible for developing, organizing and submitting to the unit administrator the documentation supporting their reappointment. However, it is expected that the campus dean, unit administrator, and campus and unit colleagues will assist probationary faculty members in the preparation of their files, especially in their early years of service.

(5) The unit administrator is responsible for including past reappointment letters from the unit administrator, and the campus dean is responsible for including past reappointment letters from the campus dean and the original letter of appointment in the files. The unit administrator will review the file with the probationary faculty member in order to insure that the file is complete, and the unit administrator will certify that the file is complete. Thereafter, the probationary faculty member must be informed of anything that is added to or removed from the file and provided with the opportunity to include written comments concerning that new or removed material.

(6) Before convening the reappointment committee, the faculty council chair will inform all tenured faculty members that the files are available for inspection, and will formally invite written comments from all tenured faculty members who are not members of the reappointment committee. The faculty council chair will include these comments in the file.

(7) Members of the campus reappointment committee on leave of absence may vote or they may request from the committee the right to abstain from voting. Except where a member of the promotion committee is ineligible to vote in accordance with paragraph (G) of this rule or has been granted the right to abstain from voting, all committee members shall submit a vote on each candidate. If the campus reappointment committee will consist of fewer than four voting members, including the voting faculty council chair, then a special procedure for enlarging it shall be developed by the regional campus dean with the advice of the faculty council and the approval of the provost.

(8) The campus reappointment committee will discuss the strengths and weaknesses of each probationary faculty member. The committee will evaluate the probationary faculty member's response to previous reappointment letters, especially to suggestions about improvement in scholarship, teaching and service, and judge how well the faculty member is progressing toward successful tenure review.

(9) Each candidate's file shall be subject to candid discussion by the committee. During the meeting, each voting member shall indicate the member's non-binding vote of "yes," "yes with reservations," or "no" concerning the reappointment of the probationary faculty member. After the meeting, each voting member shall record the member's final vote by completing the electronic evaluation form, with comments. The campus reappointment committee members should consider their remarks carefully when they prepare them because such peer evaluations are crucial to the reappointment process.

(10) A simple majority of the reappointment committee who vote, excluding those who abstain under paragraph (G)(7) of this rule, will constitute a recommendation to the campus dean for reappointment. A vote of "yes with reservations" will count as a positive vote to reappoint the probationary faculty member, but it shall carry an additional message of concern

(11) The faculty council will then summarize the committee's vote and evaluation forms in a single, detailed assessment and recommendation to the regional campus dean which addresses the strengths and weaknesses of the probationary faculty member's performance in scholarship, teaching, and service. The assessment should follow the unit and campus standards as specified in paragraph (C) of this rule, as well as any individual expectations for a given probationary faculty member. The assessment and recommendation shall be included in the file and shall indicate that, if the candidate wishes to respond to a recommendation of not to reappoint, such a response must be made to the campus dean and the unit administrator within ten days of the submission of the faculty council chair's assessment and recommendation to the campus dean.

(12) The regional campus dean shall review the recorded votes and evaluation forms, along with supporting statements, as well as other relevant documentation regarding the faculty member's application for reappointment. The campus dean shall weigh and assess all relevant information, and decide whether to recommend the reappointment of the probationary faculty member. He or she will include in this file a single detailed assessment and recommendation, which clearly conveys the strengths and weaknesses of the probationary faculty member's performance in scholarship, teaching, and service. The assessment and recommendation should follow the unit and campus standards as specified in paragraph (C) of this rule and also any individual expectations for a given probationary faculty member. Specific suggestions concerning performance needed to achieve a positive tenure decision should also be included in this assessment and recommendation.

(13) As part of the regional campus dean's assessment and recommendation, the regional campus dean shall inform the candidate that the candidate has the right, within ten working days, to add a statement to the candidate's file responding to any procedural errors or errors of fact that the candidate believes have been included in either the regional campus dean's assessment and recommendation, the faculty council chair's assessment and recommendation, or the committee members' evaluations. The regional campus dean shall also indicate that if the candidate wishes to appeal a negative decision, such intent shall be expressed to the next higher academic officer in writing within ten working days of the submission of the regional campus dean's assessment and recommendation.

(14) In addition, the regional campus dean should invite the probationary faculty member to meet in order to discuss the assessment and recommendation. This meeting should take place as soon as possible. In all cases that are not unanimously positive, the campus dean must meet with the probationary faculty member within five working days from the date of the submission of the campus dean's assessment and recommendation to the college/school dean or provost, as applicable.

(H) Procedures for making decisions regarding reappointment: colleges with departments or schools. The dean shall conduct a review of the unit's and, if applicable, the regional campus' assessments and recommendation for reappointment. Probationary faculty members in the first year will not be reviewed by the college reappointment committee. For every following annual review, the college dean shall convene the college advisory committee, which shall function as the college reappointment committee. Based on the probationary faculty member's progress toward tenure as presented in the supporting materials and the unit/regional campus level assessments and recommendations, this college reappointment committee will recommend to the dean whether to reappoint or not to reappoint the probationary faculty member.

(1) The college dean shall be the chair and a nonvoting member of the college reappointment committee. Tenured members of the elected college advisory committee shall serve as the college reappointment committee to review the assessment and recommendations from the departments and schools and recommend to the dean in each case whether to reappoint the probationary faculty member. No member of the college reappointment committee may vote on candidates from the member's own unit, and no a member of the committee shall be present, when the committee deliberates or votes on the reappointment of a spouse, domestic partner, or relative.

(2) Members of the college reappointment committee on leave of absence shall be notified of the candidacies and shall vote by absentee ballots or they may request from the committee the right to abstain from voting. Except where a member of the reappoinment committee is ineligible to vote in accordance with paragraph (H)(1) of this rule or has been granted the right to abstain from voting, all committee members shall submit a vote on each candidate. If the college reappointment committee will consist of few than four voting members, then a special procedure for enlarging it shall be developed by the college dean, with the advice of the college advisory committee and the approval of the provost.

(3) In the cases of positive recommendation from the unit's reappointment committee and the unit administrator, and positive recommendations from the regional campus reappointment committee and the campus dean where applicable, the college reappointment committee may approve all such recommendations without reviewing each individually. Each voting member will say either "yes" or "no" and the dean will record the vote.

(4) In the case of

(a) A negative reappointment recommendation by the unit's reappointment committee or the unit administrator, or the campus' reappointment committee or campus dean where applicable, or

(b) Any individual case not acted on pursuant to paragraph (H)(2) of this rule, the probationary faculty member's file will be the subject of candid discussion by the committee. During the meeting, each voting member will indicate the member's non-binding vote of "yes," yes with reservations," or "no" concerning the reappointment of the probationary faculty member. After the meeting, each voting member will record the member's final vote by completing the electronic evaluation form, with comments. The college reappointment committee members should consider their remarks carefully when they prepare them because such peer evaluations are crucial to the reappointment process. Except where a member of the tenure committee is ineligible to vote in accordance with paragraph (H)(1) of this rule, all committee members shall submit a vote and comments on each candidate.

(5) Approval by a simple majority of the members of the college reappointment committee who vote (excluding those who abstain for reasons under paragraph (H)(1) of this rule) shall constitute a recommendation for reappointment to the college dean. A vote of "yes with reservations" will count as a positive vote to reappoint the probationary faculty member, but it shall carry an additional message of concern.

(6) The dean shall prepare the recommendation of the college reappointment committee. In the case of a block vote, the dean will report whether the college reappointment committee supports the unit or regional campus recommendation. In the case of votes on individual cases, the dean will submit the actual vote of the college reappointment committee. The dean will include in the file the actual recommendation from the college reappointment committee along with the dean's recommendation whether to reappoint or not to reappoint the probationary faculty member.

(7) As part of the college dean's recommendation, the dean shall inform the candidate that the candidate has the right, within ten working days to add a statement to the candidate's file responding to any procedural errors or errors of fact that the candidate believes have been included in either the college dean's recommendation or the committee members' statements. In addition, the college dean shall also indicate that if the candidate wishes to appeal a negative recommendation, such intent shall be expressed to the next higher academic officer in writing within ten working days of receipt of the college dean's recommendation.

(I) Procedures for making decisions regarding reappointment: The provost level. The provost shall review the reappointment recommendations at the college/school and unit/regional campus levels. Unless reversed by the provost, the recommendation of the previous level academic administrator will stand. The unanimous recommendations of the college/school dean and the college/school dean's reappointment committee and the unit administrator and the unit administrator's reappointment committee, or where applicable the campus dean and his or her reappointment committee, will stand unless the provost can provide compelling reasons for reversing them. Probationary faculty members receiving a negative recommendation at the provost level must be notified in accordance with guidelines established in the collective bargaining agreement.

(J) New material may be added as requested by a review committee or the responsible academic administrator at any level of review or appeal in order to correct or more fully document information contained in the reappointment file. In such instances, the probationary faculty member will be notified of, and given the opportunity to review, such new material as is added to the file and also provided the opportunity to include written comments relevant to this material and/or the appropriateness of its inclusion in the file. In no case will a probationary faculty member be required to create new material or required to procure material not currently in the possession of the candidate.

(K) Any faculty member who has not been recommended for reappointment at any level will have the right to appeal to the next highest academic administrative officer. In the case of denial by the provost, the appeal shall be to the president, or when appropriate to the joint appeals board. All appeals must be initiated by the probationary faculty member in writing within ten working days after the submission of a negative recommendation by an administrative officer or as specified otherwise in the collective bargaining agreement. Appeals should be heard in a timely manner (e.g., thirty calendar days). At each level of appeal at which a faculty advisory body is designated to hear an appeal and make a recommendation to the next highest academic administrative officer, the appellant will be offered the opportunity to appear in person to present his/her case orally before the appropriate reappointment committee. At the college level, appeals are heard by the college advisory committee. The appellant may be accompanied by a colleague who may assist in presenting the appellant's case. Furthermore, if an individual other than the appellant (including any academic administrator) is invited to address the committee, the appellant shall have an opportunity to respond to any new information. The committee shall determine whether the information is new and whether to invite an oral or written response. The academic administrator in question will consider the vote of this body seriously before making the recommendation and will inform both the appellant and the academic administrator at the next highest level of the results of this vote.

(L) Academic administrators and members of reappointment committees are expected to act in accordance with the principles of due process and abide by the university policy regarding faculty code of professional ethics. All official documents in the reappointment process are subject to the Ohio Public Records Act as included in the Ohio Revised Code.

(M) Normally, decisions regarding reappointment for all faculty members who are appointed to a tenure-track position will be governed by the university policies and procedures regarding faculty appointment, tenure, and promotion and the unit handbook in place at the time of the initial appointment. In the event that university policies and procedures regarding faculty appointment, tenure, and promotion and/or the unit handbook are revised during the faculty member's probationary period, the faculty member will have the option of being governed by the current policies and the current unit handbook or by the policies and the unit handbook in place at the time of the faculty member's initial appointment. The faculty member will include an election of this option in the faculty member's file.

Last updated October 1, 2021 at 9:02 AM

History

  • Effective: October 1, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-18 University policy regarding faculty workload.

(A) All full-time faculty are expected to work full-time for the university. This does not mean that each contributes in the same way. Some faculty are employed by mutual agreement between themselves and their departments or campuses solely for undergraduate teaching. Some faculty are employed for a mixture of undergraduate teaching, graduate teaching, service, public research/creative activity, and/or clinical work.

(B) Tenured and tenure-track faculty (employment class F1) on a nine-month contract shall have a full-time workload of twenty-four credit hours per academic year. Tenured and tenure-track faculty on a twelve-month contract shall have full-time workload of thirty-two credits.

(1) As part of their regular workload, tenured and tenure-track faculty members are additionally expected to engage in public research and/or creative activity. In academic units where the research/creative activity expectations required for reappointment, tenure, and promotion are high, the academic unit section of the university-wide faculty handbook shall specify workload credits for research/creative activity.

(2) As part of their regular workload, tenured and tenure-track faculty members are additionally expected to engage in university service, such as committee work. In those few cases when such service is very heavy the college dean and provost may allow this service to receive appropriate workload equivalency.

(C) Full-time non-tenure-track faculty (employment class F2) on a nine-month contract shall have a full-time workload of thirty credit hours per academic year. Full-time non-tenure-track faculty on a twelve-month contract shall have full-time workload of forty credits.

(D) Professional faculty in the College of Podiatric Medicine (employment class F6) are employed on a twelve-month contract and shall have a full-time workload of thirty-six credit hours per calendar year.

(1) As part of their regular workload, faculty in the college of podiatric medicine are additionally expected to engage in public research.

(2) As part of their regular workload, faculty in the college of podiatric medicine are additionally expected to engage in university service, such as committee work. In those few cases when such service is very heavy the college dean and provost may allow this service to receive appropriate workload equivalency.

(E) Unless specified otherwise in the academic unit's or campus' section of the university-wide faculty handbook, faculty shall receive one credit of workload for each traditional undergraduate or graduate class (e.g., lectures, seminars, labs) credit hour taught. This applies to all traditional classes regardless of the modality of instructional delivery. Slash courses and cross-listed courses at the same time and place count as a single class.

(F) Since the nature of work differs among academic units, load regulations cannot be applied uniformly. Therefore, each academic unit administrator, along with the academic unit faculty advisory committee, shall specify workload equivalents for non-teaching duties including advising theses and dissertations, engaging in research and/or creative activity, directing laboratory and studio sections, developing distance learning sections of courses, special service and advising activities (above the level expected of all tenured and tenure-track faculty in paragraph (B)(2) of this rule), services of an administrative nature, excessive number of preparations by a new faculty member, and unusually large class sections. Upon approval by the college dean and provost, these specifications shall be included in the academic unit's or regional campus' section of the university-wide faculty handbook. Workload equivalents for non-teaching duties included in the academic unit's or regional campus' sections of the university-wide faculty handbooks will apply to any full-time faculty member who fulfills those non-teaching duties, regardless of faculty type. All full-time faculty in the academic unit or regional campus shall be informed of these understandings.

(G) Some faculty may serve the public and/or academic discipline professionally and without remuneration in ways that lie outside the classroom, laboratory, or studio. When this service aligns with and contributes toward fulfilling the goals of the university, the college dean and provost may allow this service to receive appropriate workload equivalency.

(H) In general, the workload credits for non-teaching duties specified in paragraphs (F) and (G) of this rule will not normally reduce the percentage of workload devoted to teaching activities below the minimum percentage of workload specified for each of the following types of academic units or programs:

(1) Baccalaureate: seventy per cent of the total academic unit workload minimum, with most or all teaching effort of full-time faculty devoted to undergraduate instruction.

(2) Baccalaureate/masters: sixty per cent of the total academic unit workload minimum, with full-time faculty devoting more effort to undergraduate than graduate instruction.

(3) Baccalaureate/masters/doctoral: fifty per cent of the total academic unit workload minimum, with full-time faculty expected to have personal involvement in undergraduate instruction.

(4) University two-year/associate: eighty per cent of the total academic unit workload minimum, with undergraduate teaching as full-time faculty's major responsibility.

The percentage norms articulated in paragraphs (H)(1) to (H)(4) of this rule, take precedence over any language to the contrary in the academic unit sections of the university-wide faculty handbook referenced in paragraph (F) of this rule.

It is recognized that not all programs fit administratively into one of the above categories. In such cases, the appropriate proportion of time to be devoted by the academic unit to teaching should be determined by the college dean and subject to approval of the provost.

It is recognized that there may be academic units that differ significantly from the above classification such as those that have graduate programs but no, or few, undergraduate ones. In such cases, appropriate teaching responsibilities for such academic units should be negotiated between the academic administrator and the college dean and subject to the approval of the provost.

It is also recognized that there are faculty with responsibilities that differ from those specified above. For example, this may be the case for academic administrators, faculty with special institutional assignments, research faculty, faculty with significant time funded by external grants. In these cases, teaching assignments should be determined by the academic unit administrator or campus dean and subject to the approval of the provost.

(I) Full-time faculty who fail to comply with this policy's requirements may be subject to censure, remedial training, for-cause termination, or other disciplinary action regardless of tenure status. In all cases, any disciplinary action must accord with relevant provisions of the applicable collective bargaining agreement. For-cause termination also requires a recommendation from the college or campus dean, a recommendation from the provost, concurrence by the president, and approval by the board of trustees.

(J) In accordance with section 3345.45 of the Revised Code, this policy shall be reviewed and updated at least once every five years and submitted to the board of trustees for approval.

Last updated December 30, 2025 at 10:07 AM

History

  • Effective: December 28, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-18.101 Operational procedures and regulations regarding faculty office hours.

(A) Policy statement. The purpose of this rule is to provide for minimum requirements regarding office hours required of faculty at Kent state university. The principal goal of office hours is to allow students access to faculty members. However, given the variations in time, location, and modality of courses (traditional, online or blended), it is possible that some flexibility within this rule may best serve student needs for access to faculty.

(B) Implementation. The following paragraphs reflect the minimum requirements regarding faculty office hours:

(1) During each regular academic year semester, summer session, or intersession in which a faculty member is the instructor of record for one or more courses (other than thesis, dissertation, or individual supervision), the faculty member is required to have office hours posted in the departmental office from the beginning of classes until the completion of the final assessment for the course. The faculty member shall notify each class of the hours during which the faculty member is available for consultation. A faculty member may either have fixed hours each week or offer flexible times for students.

(2) During a regular academic year semester, each faculty member who is the instructor of record for one or more courses (other than thesis, dissertation, or individual supervision) shall be available for consultation through office hours either in person or electronically for a minimum of five hours per week. During a summer session or intersession, each faculty member who is the instructor of record for one or more courses (other than thesis, dissertation, or individual supervision) shall be available for consultation through office hours either in person or electronically for a minimum of three hours per week.

(3) Each full-time faculty member teaching three credits or fewer in any regular academic year semester or in any summer session or interssion, as well as for each part-time adjunct faculty member, the expectation of availability may be adjusted upon consultation with the appropriate faculty governance body of the unit.

(4) Given the variations in time, location, and modality of course offerings (traditional, online or blended), it is recognized that availability may more appropriately be facilitated via synchronous electronic means. Faculty members are expected to offer at least some of their office hours in a way that is consistent with the instructional modality of the course.

Last updated December 18, 2025 at 4:39 PM

History

  • Effective: May 22, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-19 University policy regarding emeritus status.

(A) Emeritus/emerita status may be conferred, following appropriate review and recommendation, upon faculty members and staff at the time of their official retirement from full-time employment. Emeritus status may be conferred by the board of trustees following appropriate review and recommendation by the appointing authority.

(B) Emeritus/emerita status is granted in recognition of meritorious service at Kent state university and implies demonstration of exemplary professional competence and university citizenship, generally after service of at least ten years.

(C) Emeriti shall be regarded as honored members of the university faculty or the unit from which they retired and shall be entitled to privileges and benefits as may be established by the university.

(D) The procedures for recommending emeritus status are as follows: The recommendation of emeritus/emerita status is normally initiated at the department level upon notification that a faculty or staff member intends to retire. This recommendation is submitted to the next highest administrative level in writing, and shall include a summary of reasons in support of the recommendation. Depending on the status of the individual under consideration the following procedure will be followed:

(1) Faculty and academic administrators with faculty rank.

(a) The dean or division head then submits a recommendation to the provost.

(b) The provost will then make a final recommendation regarding the granting of emeritus status, subject to approval by the president, and final confirmation by the board of trustees.

(2) Unclassified (administrative-professional) and classified staff.

(a) The appropriate vice president then submits a recommendation to the vice president for the division of people, culture and belonging.

(b) The vice president for the division of people, culture and belonging will make a final recommendation regarding the granting of emeritus status, subject to approval by the president and final confirmation by the board of trustees.

Last updated August 29, 2025 at 7:55 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-21 University policy regarding consensual relationships and other relationship-based conflicts of interest.

(A) Policy statement. This policy concerns consensual relationships between members of the university community also engaged in a pedagogical or other relationship where there exists a power differential (i.e. unequal authoritative, societal, or social power) between the individuals as provided herein. It is the policy of Kent state university that consensual relationships between faculty and students in a teaching, evaluation, or advising relationship constitutes a potential for a conflict of interest.

(B) Definitions. For purposes of this policy, the terms "Kent state university," "student," "faculty," and "consensual relationship" are defined as follows:

(1) "Kent state university" means all eight campuses of Kent state university and related entities operating under the auspices of Kent state university at any location.

(2) "Student" means all who are enrolled or participating in any offering provided by Kent state university.

(3) "Faculty" means all full-time and part-time employees with appointments for providing academic instruction.

(4) "Familial Relationship" includes, but is not limited to, those between mother, father, brother, sister, child, spouse, domestic partner, grandparent, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, legal guardian, or other person who stands in place of a parent.

(5) "Consensual relationship" means dating, romantic and/or sexual relationships willingly undertaken by all involved parties, including marital relationships.

(C) Policies regarding potential conflicts of interest. Consensual relationships between individuals in a teaching, evaluation, or advising relationship constitutes a potential for a conflict of interest and is subject to the following:

(1) Faculty-student consensual relationships. Faculty members and students shall not enter into consensual relationships with each other if the faculty member is in the position to directly teach, evaluate, supervise, or advise the student. However, even when a faculty member is not directly evaluating, supervising, or advising a student with whom they are in a consensual relationship, the faculty member must be cognizant of and sensitive to the potential for the perception of favoritism by others. In all cases, the faculty member's academic unit or campus administrator shall be informed by the faculty member in writing of the consensual relationship with a student so that appropriate measures may be taken to prevent exploitation, favoritism, or other conflicts of interest, actual or perceived.

(2) Faculty-faculty consensual relationships. In all cases in which the work relationship is such that one or both parties have the potential to influence material outcomes for the other, the immediate supervisor/department head(s) of both faculty members shall be informed in writing of the consensual relationship so that appropriate measures may be taken to prevent exploitation, favoritism, or other conflicts of interest, actual or perceived. Under all circumstances, faculty in consensual relationships with other faculty shall recuse themselves from decisions regarding the other's job performance, salary adjustments, and/or other conditions of employment. Faculty members will recuse themselves from renewal, reappointment, tenure, promotion, and merit deliberations regarding their relationship partners.

(3) Familial relationships. Familial relationships are a special source of potential favoritism or conflicts of interest. Except in rare or unavoidable cases, faculty members shall not directly teach, evaluate, supervise, or advise a relative in the normal course of university study. Further, except in rare or unavoidable cases, a faculty member shall not hire or cause to be hired, evaluate, or supervise a relative. In all cases, the appropriate supervisor shall be informed in writing so that appropriate measures may be taken to prevent favoritism and other conflicts of interest, actual or perceived. This policy is not intended to prohibit or in any way discourage the practice of spousal hiring.

History

  • Effective: July 1, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-22 University policy regarding environmental health and safety management.

(A) Kent state university is committed to achieving excellence in providing a safe and healthy working environment, and to supporting environmentally sound practices in the conduct of university activities. The implementation of this policy will ensure systematic integration of safety and environmental considerations into all university activities. This policy on safety management applies to all members of the university community. This policy also applies to contractors whose work is directed on a day-to-day basis by university employees.

(B) To meet this standard of excellence, the university will implement management initiatives and best practices to include safety and environmental considerations in university activities.

(1) Kent state will comply with applicable safety and environmental protection laws, regulations and requirements. University activities are to be conducted in a manner that ensures the protection of students, faculty, staff, visitors, the public, property and the environment.

(2) The university will maintain a safety and health program to prevent injuries and illnesses, environmental incidents, property losses and damages. The program will incorporate training, hazard assessments, inspections, corrective actions, record keeping, committee establishment and communication, and enforcement of work practices and rules. Achieving this goal is the responsibility of every member of the university community. Supervisors have particular responsibility for the activities of those employees who report to them.

(C) This policy must be clearly communicated to members of the university community and university contractors. University expectations and commitments are expressed through this and other policies, procedures, guidelines, and notices, and in contract specifications. The format for communicating specific expectations may vary from activity to activity, based on the nature and severity of the hazards of the operations being performed. Safety management relies on establishing objectives and on tracking performance with respect to achieving and maintaining compliance with health, safety, and environmental requirements. The following safety principles are intended to provide directions to ensure safe activities from the inception of planning an activity through the actual performance. The department of environmental health and safety will publish and maintain information, guidelines, and implementing instructions online, linked through https://www.kent.edu/compliance/environmental-health-and-safety, for each set of the specific safety principles outlined in this policy.

(1) Safety management is based on individual responsibility for safety and environmental stewardship. Managers at all levels must demonstrate commitment to the implementation and sustained execution of all elements of safety. Faculty, staff, students, and visitors support safety by understanding and using these principles in their activities at the university. Each individual is directly responsible for ensuring his or her own safety and for promoting a safe, healthy, and environmentally sound workplace and community.

(2) University employees who direct the activities of other individuals are responsible for protecting faculty, staff, students, visitors, the public, and the environment, and for adhering to this policy. Accountability should be addressed in job descriptions, performance evaluations, and contracts.

(3) The university will establish clear and unambiguous lines of authority and responsibility for ensuring safety and environmental protection at all organizational levels within the university, and with university contractors.

(4) Managers will ensure that employees possess the experience, knowledge, skills, and abilities necessary to perform their safety and environmental responsibilities.

(5) The university will allocate resources to address safety and environmental protection in all university activities. Protecting faculty, staff, students, visitors, the public, and the environment is a priority whenever activities are planned and performed.

(6) Before a member of the university community conducts an activity that has potential adverse implications for safety or the environment, a responsible party must evaluate the associated hazards and environmental impacts and identify the appropriate protective safety and environmental requirements to assure that faculty, staff, students, visitors, the public, and the environment are protected from adverse effects. The principal responsibility for such an evaluation resides with employees, supervisors and managers. The Kent state university environmental health and safety ("EHS") office is available for consultation and will assist with the identification of appropriate requirements, controls, and standards, and with their implementation.

(7) The university will implement a program of external communications, public participation, and stakeholder involvement to obtain safety-related input from interested parties, including regulatory agencies, funding organizations, local community groups, students, alumni, and emergency response agencies. The program will institute a safety communications network to address compliance and emergency situations.

(8) The university will adopt engineering and administrative controls for activities being performed to prevent and mitigate hazards and environmental impacts. The strategy employed will be to prevent damage by designing the activities and controls to reduce or eliminate accidents, injuries, exposure, and unplanned releases of harmful substances to the environment.

History

  • Effective: July 1, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-22.001 Operational procedures and regulations regarding rest periods for civil service employees.

(A) It is recognized and customary for supervisors to grant rest periods to employees as a brief pause in their work routine to care for whatever personal needs necessary.

(B) In an attempt to standardize this privilege throughout the university, the following suggestions are made:

(1) Rest periods should not exceed fifteen minutes during the morning and again in the afternoon.

(2) Rest periods should be carefully scheduled by the supervisor to insure that business activities are not curtailed.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-22.1 Administrative policy regarding a drug-free workplace.

(A) Policy statement. The university is committed to maintaining a workplace free of illegal drugs. Recognizing that illegal drug use poses health and safety hazards to employees and to the community at large, the university prohibits the possession or use of illegal drugs on all university property and at other locations where employees are conducting university business.

(B) Employees manufacturing, distributing, dispensing, possessing or using illegal drugs on university property and at other locations during the conduct of university business are subject to dismissal.

(C) The university will establish and maintain a drug-free awareness program including the following topics of concern:

(1) Health and safety concerns from drug abuse.

(2) University policy regarding illegal drug use.

(3) Availability of approved drug counseling and rehabilitation services.

(4) Penalties that may be imposed upon employees for drug-free violations.

(D) In compliance with the Drug-Free Workplace Act of 1988, employees engaged in work under a federal grant or contract may be subject to additional requirements to ensure a drug-free workplace.

(E) In accordance with federal regulations, the violation of this policy could result in the suspension, termination or debarment of the individual or the institution from federal grants and/or contracts.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-22.2 Administrative policy regarding rest periods for university employees.

(A) It is recognized and customary for supervisors to grant rest periods to employees as a brief pause in their work routine to care for whatever personal needs necessary.

(B) In an attempt to standardize this privilege throughout the university, the following suggestions are made:

(1) Rest periods should not exceed fifteen minutes during the morning and again in the afternoon.

(2) Rest periods should be carefully scheduled by the supervisor to insure that business activities are not curtailed.

History

  • Effective: October 15, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-23 University policy regarding conflict of interest of university employees.

(A) University employment is a trust conferred by public authority for a public purpose. Such status forbids the employee from placing himself or herself in a position in which private interest conflicts with public duty.

(B) Such university employment must follow the provisions set forth in statues of the state of Ohio, specifically as found in Chapter 102. of the Revised Code, "Public Officer-Ethics," regarding maintaining the confidentiality of information and the receipt of compensation from other than the university, and Chapter 2921. of the Revised Code, "Offenses against Justice and Public Administration," relating to private interest in a public contract.

(C) No university employee, by virtue of employment by the university, should receive special treatment or favors from university employees, nor should any personal advantage, pecuniary or otherwise, be gained from such employment. This prohibition includes, but is not limited to:

(1) Receipt of gifts;

(2) Payment, pecuniary or otherwise, for service or materials not accounted for through regular university channels; and

(3) The use of a student's services or labor on the university employee's private property without remuneration.

(D) No university employee, by virtue of his or her employment, should receive special treatments or favors from others who do business with the university, nor should any personal advantage, pecuniary or otherwise, be gained from such employment, without prior approval as outlined below in this rule. See also paragraph (E) of rule 3342-6-24 of the Administrative Code.

(E) Unless prior written approval is granted, no university employee may:

(1) Use university resources, including, but not limited to, supplies, materials, equipment, secretarial or staff time, for personal business matters; or

(2) Use university contacts or positions to further private business or other external activity by soliciting students or fellow employees, to participate in, subscribe to, or purchase the activity or any of its possible products, services, or results.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-24

(A) Outside activities of a professional nature are encouraged if the activities are consistent with the individual's responsibilities to the university and in furtherance of the aims of the university. Indeed the university recognizes that one mark of an individual's distinction is the esteem in which he or she is held by those outside the university who may request his or her expertise.

(B) No individual, however, shall accept any employment or pursue other activity, whether of a professional or of a nonprofessional nature, which compromises his or her responsibilities to the university.

(C) Prior to accepting continuing remunerative employment, each member of the faculty or academic administrative officer shall seek and obtain approval from the chairperson, school director or regional campus dean, the appropriate academic dean, and the vice president for faculty affairs and personnel or designee. For regional campus employees, approval is also required of the associate vice president for the extended university. In the case of requests from a vice president, approval must be secured from the president of the university. The approval process must be repeated at the start of each academic year.

(D) Whenever there is a question or reservation about the effect of an outside activity of a faculty member or academic administrative officer upon the contractual responsibility to the prime employer, the university, the employee, and his/her responsible administrator shall inform and consult with each other. In the special case of a second teaching activity, it is inappropriate for a full-time university faculty member or full-time academic administrative officer while under contract to accept employment by neighboring or other external organizations to teach courses or to accept similar forms of employment if it conflicts with his or her primary responsibility to the university.

(E) When, after consultation with the individual, the chairperson or academic officer fails to resolve an apparent abuse, then he or she initiate a review by the appropriate advisory committee. If an abuse is found, it may lead to possible disciplinary action, consistent with the established academic policies of the university.

(F) An appeal from a denial of permission to engage in external activities, or against the findings of an advisory committee review, may be lodged with the next higher administrative officer.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-23.1 Administrative policy regarding solicitation of employees.

(A) Purpose.

(1) In order to ensure that employees have the opportunity to perform their jobs free from intrusions, it has become necessary to place certain restrictions on solicitation of employees and distribution of literature within all university buildings.

(2) This policy shall apply to all solicitations with the exception of university-sponsored solicitation for charitable and other purposes.

(3) However, given the nature and purposes of an academic community, it is specifically noted that the provisions of this solicitation of employees policy are not applicable to faculty, students, and other individuals engaged in the pursuit of knowledge as part of any curricular program or academic activity of the university.

(B) Definitions.

(1) "Distributing literature" means the dissemination or posting of any written or graphic material, including (without limitation) membership, authorization or pledge card, flyers, notices, or any other written information or forms.

(2) "Non-employee" means any person not employed by the university or any other person not in an active work status with the university.

(3) "Non-working time" means approved leaves, work breaks, lunch periods, and before and after scheduled working hours.

(4) "Employee solicitation" means any oral advocacy of an organization or cause, unrelated to the employee's job description or profession, or request for contribution or support thereof of university employees by non-employees by non-employees or other university employees on university property.

(5) "Work area" includes offices, shops, laboratories, classrooms, conference rooms, work stations and corridors leading directly thereto which are used for performing work, and any area where the employee performs his/her official duties. In departments where services are being delivered to the public, students, faculty and/or staff, the entire public area is considered a work area.

(6) "Working time" means that time when an employee's duties require that he or she be engaged in work tasks, but does not include an employee's own time, such as meal periods, vacations and time before or after shift.

(C) Implementation.

(1) Solicitation by employees.

(a) An employee may solicit other employees in both non-work and work areas only if all employees involved are on non-working time.

(b) An employee may distribute literature that advertises or solicits support for organizations or causes unrelated to the employee's job description or profession only in a non-work area on non-working time and only if all employees involved are on non-working time.

(c) Use of university facilities or services is prohibited unless authorized by an appropriate university official.

(2) Solicitation by non-employees.

(a) An organization or non-employee of the university wishing to solicit or distribute literature to employees within any building on any campus of Kent state university must request permission in writing forty-eight hours prior to the proposed visit. Requests relating to the Kent campus must be delivered to the manager of employee relations, university supply center, Kent, Ohio. Requests relating to any of the campuses located outside Portage county must be delivered to the dean of the specific campus. The request must state:

(i) The purpose of the proposed visit; and

(ii) The name of any person(s) or alternates who desire access to the campus.

(b) The person designated above will attempt to locate a specific area for use by the organization or non-employee submitting the request and will then issue a permit designating the room, date and time it may be used. In the event two or more request for access to a designated area for the same or overlapping times have been made, the university will attempt to provide alternate designated areas. If no alternate designated area is available, the university may grant access to the available designated area on a rotating basis with equal time for its use. If the designated areas are unavailable due to a prior reservation, the university will immediately notify the requesting party of such conflict.

(c) Solicitation and/or distribution of literature by an organization or non-employee within a building shall be limited to the designated area(s), time(s), and date(s) and, in addition, be consistent with the operational procedures and regulations in rule 3342-4-03.302 of the Administrative Code and the policy register. No employee may visit the designated area during his/her working time. No organization or non-employee may solicit employees or distribute literature elsewhere in the building whether or not the solicited employees are on working time.

(d) Employees may be solicited outside of the building if they are on non-working time and as long as pedestrian and vehicular traffic is not impeded.

(e) An organization or non-employee may solicit or distribute literature in designated parking lots without providing advance notice. Literature may not be placed on vehicle windshields.

(f) Use of university facilities or services for solicitation purposes is prohibited unless authorized by an appropriate university official.

(3) Bulletin boards.

(a) An employee may post notices or other appropriate information on designated bulletin board as stated in the paragraph (B)(4) of rule 3342-4-03.301 of the Administrative Code, employee bulletin boards, and providing prior written approval has been obtained from the manager of employee relations or the dean of regional campus.

(b) No solicitation or notices shall be posted anywhere on the campuses except on designated employee bulletin boards or other spaces as approved.

(c) Solicitations or notices shall not be so large as to obstruct other approved postings.

(d) Approval for the posting of notices or other appropriate information on designated bulletin boards shall be for a specific period of time. Each approved posting shall bear a date on which the posting must be removed and the initials of the person who approved the posting.

(e) Posting materials for designated bulletin boards located within residence hall secured areas must be left at the area desk.

(D) Violations.

(1) Any employee who (in his/her personal capacity or acting as agent for any organization) violates any rule contained herein shall be subject to discipline.

(2) Any organization or non-employee violating any rule contained herein shall be asked to leave university premises. Repeated violation may lead to the organization or non-employee being banned from the campus.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-03.302

(A) A "flier/leaflet" is defined as any printed matter distributed by hand, such as separate sheets, small notices or advertisements.

(B) Fliers and leaflets may be distributed:

(1) Outside buildings so long as pedestrian and vehicular traffic is not substantially impeded.

(2) Inside the Kent student center, except

(a) Near (approximately ten feet of) any doorway or stairway or in any manner so as to create a safety hazard or impede normal traffic,

(b) On stairways,

(c) In food service and other retail sales areas,

(d) In meeting rooms (unless with permission of the group that has scheduled the event), or

(e) In restrooms.

(3) Inside other buildings, including residence halls, from behind reserved tables.

(C) Fliers and leaflets specifically may not be distributed:

(1) In any faculty or staff work area;

(2) On vehicle windshields;

(3) Inside classrooms, laboratories, libraries or offices; or

(4) Door-to-door or in corridors adjacent to student rooms in residence halls.

(D) Violations. The facility curator or other appropriate university official shall inform any individual or individuals or group who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual or individuals or group to of criminal charges.

(E) Appeals. Any individual, group or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the vice president for student affairs or designee.

History

  • Effective: May 30, 2017
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-03.301

(A) General posting procedure. The following procedures must be met in order to post on university bulletin boards. The facility curator is responsible for identifying the specific purpose of bulletin boards under their purview. Any posting not fulfilling the following requirements will be removed from the bulletin board by a member of the staff. All bulletin boards will be cleared at the end of every semester.

(1) One poster per bulletin board is permitted.

(2) The name of the organization sponsoring the poster must be clearly visible. The date of the event being advertised or a date at which the poster is considered to have fulfilled its function must be included. Posters are to be removed the day following the event by the sponsoring organization.

(3) In order to maintain the natural beauty of the campus and to preserve the quality of the buildings, trees and shrubs, there shall be no posting of notices or displaying of messages on any state property including, but not limited to, trees, buildings, utility poles or campus sidewalks. Posting is not permitted on woodwork, doors, windows, walls or bulletin board frames.

(4) In accordance with the state fire marshal's regulations, no poster, promotional materials or decorations may be suspended from any light fixture.

(5) There shall be no signs or promotional materials suspended across the corridors of buildings, displayed on or adhered to the outside of buildings, or between structures unless by special permission of the facility curator.

(6) Courtesy and respect for the freedom of expression by others dictates that posters are not to be marked on, destroyed or removed. Anyone discovered defacing posters will be subject to disciplinary action under rule 3342-4-02 of the Administrative Code or criminal charges.

(B) Specific posting procedures.

(1) Residence halls bulletin boards. . Posting procedures inside of university residence halls are established by the department of residence services, as posted at www.kent.edu/housing.

(2) Departmental bulletin boards. These are clearly marked as departmental, and no material is to be posted thereon without the consent of the chairperson of the department concerned.

(3) Employee bulletin boards. Employee bulletin boards are located adjacent to time clock facilities and are specifically reserved for the purpose of communication with employees. Postings on these bulletin boards require written approval of the personnel department.

(4) Union bulletin boards. Special glass-enclosed bulletin boards are provided for use by organizations representing university employees as the result of negotiated agreement. These facilities are for the exclusive use of the employee organization, and postings are regulated in accordance with the existing agreement between the university and the organization.

(5) Kent student center bulletin boards. These are reserved for specific purposes. The accepted guidelines will be posted on each bulletin board.

(C) Violations. The facility curator or other appropriate university official shall inform any individual or individuals or group who are in violation of this rule and request compliance. Failure to comply immediately shall subject the individual or individuals or group to sanctions under rule 3342-4-02 of the Administrative Code or to the filing of criminal charges.

(D) Chalking, as a means of expression and publicity for student organizations, is permitted on the campus.

(1) Chalking is permitted only on outside, horizontal, exposed surfaces where rain can wash the chalk away (only washable chalks may be used). Chalking is not permitted on vertical surfaces, buildings, under overhangs or on steps, posts, trees, tables, and the like. The university reserves the right to remove chalking at its convenience.

(2) It is the responsibility of the center for student involvement director or designee to enforce policies regarding chalking and report violations of these policies to appropriate university officials and offices.

(E) Appeals. Any individual, group or department convinced that arbitrary or unreasonable limitations have been imposed in the implementation of this rule may appeal to the senior vice president for student life or designee.

Last updated August 15, 2024 at 10:33 AM

History

  • Effective: August 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-23.2 Administrative policy regarding inappropriate service of clerical and secretarial employees.

(A) An employee's responsibilities should relate to the work of the office, the university and/or higher education in general.

(B) Secretarial or employees in the classified service should not be asked to perform assignment beyond the scope of their responsibilities.

(C) The director of talent management will assist in the resolution of questions regarding the scope of responsibilities, upon request.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-8-01.6

(A) General.

(1) Authority for developing policies of student conduct and a procedural due process is established in section 3345.21 of the Revised Code. The intent of these policies is to facilitate the maintenance of an orderly academic climate conductive to a satisfactory learning experience for each individual enrolled at Kent state university.

(2) The university has provided for the implementation of these procedures by establishing rule 3342-4-02 of the Administrative Code and this register. Each regional campus shall observe the following guidelines to insure procedural compatibility within the multi-campus system.

(B) Operational procedures.

(1) Each regional campus dean shall appoint a student conduct coordinator. The student conduct coordinator should be a member of the campus dean's administrative staff. This appointment will be for one calendar year beginning the fifteenth of April of each year.

(2) Each regional campus dean shall also recommend at least two full-time faculty or staff members as hearing officers.

(a) One of the hearing officers will be designated as an alternate to serve as needed. The term of service for the hearing officers will be for one calendar year beginning the first of July of each year.

(b) Each campus dean shall submit his recommendation of persons to serve as campus hearing officers to the dean for student affairs for transmittal to the president of the university for final appointment and notification.

(C) Operational parameters for addressing alleged violations.

(1) The student committing an alleged breach of conduct is reported to the regional campus student conduct coordinator. The conduct coordinator.

(a) Advises and explains the conduct procedure to the person reporting the alleged offense.

(b) Advises and explains the conduct procedure to the student charged.

(c) Schedules conduct hearing.

(d) Facilitates the hearing process.

(2) The hearing officer hears the case, renders a decision or judgment, and completes the prescribed reports and records. The hearing will be conducted in accordance with procedures stipulated and detailed in paragraph (H) of rule 3342-4-02.101 of the Administrative Code and this register. The hearing officer notifies the conduct coordinator of the outcome of the hearing.

(3) In accordance with paragraph (K)(2) of rule 3342-4-02.101 of the Administrative Code and of this register, notification of the outcome of the decision will be conveyed by the conduct coordinator to both the student charged and to the complaining party and/or appropriate university officials.

(4) The conduct coordinator completes the necessary administrative work and files the case records in the office of the campus dean

(D) Appeals. Appeals will be handled in accordance with paragraph (I) of rule 3342-4-02.101 of the Administrative Code and of this register.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-26 University policy and procedures regarding distinguished academic ranks.

(A) The university has established distinguished academic ranks to recognize university faculty members for outstanding achievement and excellence in teaching, scholarly or creative activity and/or service. Distinguished academic ranks are designed to recognize the university's best faculty members and to recruit outstanding faculty members from outside the university.

(B) Distinguished academic ranks include, but are not limited to, distinguished professor or university professor and are separate and distinct from the academic ranks awarded pursuant to the university policy regarding faculty promotion.

(C) Distinguished academic ranks grant further academic distinction to the holder beyond the rank of professor, may result in additional privileges and benefits, and may include but not be limited to tenure and/or the rank of professor, and may be for a specified term.

(D) An individual may be recruited to the faculty by the university offering an appointment with a distinguished academic rank which may include special privileges and benefits, and may include but not be limited to tenure and/or the rank of professor, and may be for a specified term.

(E) All terms and conditions of such an appointment will be stated in the letter of appointment.

(F) Persons currently holding an administrative position at Kent state university, including unit administrator, may not simultaneously be appointed to a distinguished academic rank.

(G) Nomination and selection procedure. When a member of the university community (e.g., individual faculty member, academic administrator, academic unit, campus, college, provost, president, member of the board of trustees) identifies an individual of exceptional qualifications whose achievements in teaching, scholarly or creative activity and/or service is outstanding, the nominating individual will notify the office of the provost.

(1) If the provost determines that the individual is a suitable candidate for a distinguished academic rank, the provost shall notify the academic unit and regional campus dean, if applicable, of the specific title of the position under consideration.

(2) The nominee shall submit a curriculum vitae and any other supporting documentation that the nominee would like to have considered.

(3) The tenure advisory committee of the academic unit and, if applicable, the tenure advisory committee of the regional campus shall serve as the review committee and review the record of the nominee. The review committee shall solicit input from the full faculty of the unit and, if applicable, the full faculty of the regional campus.

(4) The review committee shall vote on whether the individual nominated has sufficient qualifications to merit being appointed to a distinguished academic rank. This vote shall serve as a recommendation to the academic unit administrator and, where applicable, the regional campus dean concerning the qualifications of the individual nominated.

(a) Where an individual nominated for a distinguished rank from outside the university is being considered for an appointment with tenure, the procedural process described in the university policy regarding faculty tenure that governs appointments with tenure will apply.

(b) The academic unit administrator and regional campus dean, if applicable, shall prepare a formal letter of recommendation which describes the recommendation (or the non-recommendation) and the reasons therefore.

(c) The letter of recommendation (or non-recommendation) along with the nominee's curriculum vitae and any other supporting materials will be forwarded to the provost.

(5) For nominees to an academic unit which is included in a college, the dean and college advisory committee shall review the recommendation from the academic unit and regional campus, if applicable, along with the nominee's curriculum vitae and other supporting materials, if any, and make a recommendation on the appointment to the provost.

(6) Upon receipt of the recommendation and, if applicable, the additional recommendation from the college, the provost will convene the provost's advisory council. The provost's advisory council shall consider the material forwarded by the academic unit and regional campus, if applicable, and the recommendation from the college, if any, and make a recommendation on the appointment to the provost.

(7) The provost will consider the material submitted by the nominee and all previous recommendations and make a recommendation on the appointment to the president.

(8) All such appointments require the approval of the president and the board of trustees.

(H) The salary of a faculty member who holds a distinguished academic rank will be set annually by the president of the university.

(I) Appointment to a distinguished academic rank should reflect the university's commitment to diversity.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-27 University policy regarding graduate assistantships.

(A) The purpose of this policy is to provide guidelines for the administration of graduate assistantships at the university. Graduate assistantships are offered to selected graduate students to meet the teaching, research, or administrative needs of the appointing unit offering the assistantship.

(B) Definitions.

(1) Graduate teaching assistants. For the purposes of this rule, a graduate teaching assistant performs teaching duties on behalf of the university. Teaching duties may include being assigned as the instructor of record for a course or teaching a section or lab of a course in accordance with paragraphs (B)(1)(b) to (B)(1)(d) of rule 3342-3-02 of the Administrative Code.

(2) Graduate research assistants. For the purposes of this rule, a graduate research assistant performs research related duties to support one or more faculty members in their research or other scholarly and creative activities.

(3) Graduate administrative assistants. For the purposes of this rule, a graduate administrative assistant performs duties assigned by the appointing unit in support of the mission of the university closely related to the student's academic field of endeavor.

(4) Appointing unit. For the purposes of this chapter, the appointing unit refers to the university unit that selects, appoints, evaluates, and assumes financial responsibility for the costs associated with a graduate assistantship. The appointing unit may be an "instructional unit" as provided for in paragraph (C) of rule 3342-1-01 of the Administrative Code or a "non-instructional unit" as defined in this rule.

(5) Non-instructional unit. For the purposes of this rule, a non-instructional unit refers to an office, auxiliary, or other entity of the university that is not defined as an "instructional unit" as provided for in paragraph (C) of rule 3342-1-01 of the Administrative Code.

(6) Full-time assistantship. For the purposes of this rule, a full-time assistantship refers to a graduate assistantship requiring twenty hours of service per week as provided for in paragraph (D) of this rule.

(7) Half-time assistantship. For the purposes of this rule, a half-time assistantship refers to a graduate assistantship requiring ten hours of service per week as provided for in paragraph (D) of this rule.

(C) Eligibility. To be eligible for a graduate assistantship, students must meet the following eligibility criteria.

(1) A student must be enrolled in a degree program.

(2) A student cannot be admitted with conditions.

(3) Must be in good academic standing to accept a new graduate assistantship.

(4) Students in combined bachelor's/master's degree programs are not eligible for a graduate assistantship until they have completed the bachelor's degree and have been admitted unconditionally into a master's degree program.

(5) During the semester in which a graduate assistant receives a master's degree, the student must apply and be accepted into a doctoral or educational specialist program (or other master's program) in order to be considered for further assistantships under this rule.

(D) Requirements. A graduate assistant who holds a full-time assistantship is expected to provide service to the appointing unit for a commitment at, and not to exceed, twenty hours per week for a total of three hundred hours per semester. This may include assignments during the week prior to classes and/or during exam week. A half-time assistantship requires approximately ten hours per week for a total of one-hundred fifty hours per semester .

(1) Class enrollment requirements. Students with full-time and half-time assistantships during the regular academic year must enroll for a minimum of eight credit hours per term with the exception of summer term.

(2) Non-instructional unit requirements. The service commitment of a graduate assistant who has been appointed by a non-instructional unit will be equivalent to the total time expectations of a graduate assistant who is appointed through an instructional unit. Due to specific operational requirements of non-instructional units, some of the total time expectation may be satisfied during pre-semester, intersession, or post-semester time periods. If it is necessary to have the graduate assistant provide service the week before classes start, the week after classes end, or during breaks, the weekly hours must be adjusted so no weekly total exceeds twenty-five hours and the total hours of service does not exceed the required hours of commitment. Such arrangements should be understood by the graduate assistant and the appointing unit at the outset of the assistantship period.

(3) Summer graduate assistantship requirements. An appointing unit may offer graduate assistantships over the summer. This may be done at the discretion of the appointing unit and is dependent upon the availability of funds. Assistantships may be offered for variable lengths. Service requirements are prorated for the number of weeks of the appointment, with twenty hours of service per week. For example, a graduate assistantship appointed for one five-week summer term would require approximately one hundred hours of service during the term. Students with full-time or half-time assistantships during the summer must enroll for a minimum of six credit hours across the summer term.

(4) Concurrent assistantships. Students may hold more than one concurrent assistantship, however, the total number of hours of service provided by the student between both assistantships may not exceed twenty hours per week.

(E) Benefits.

(1) Stipends. Stipend amounts are determined by the appointing unit. Graduate assistants are paid semi-monthly on the fifteenth and last day of the month. Each pay period runs from the first day to the fifteenth day and from the sixteenth day to the last day of the month.

(2) Tuition remission. Graduate assistants must receive a minimum of eight credit hours of tuition remission to be compliant with minimum full-time registration requirements. The maximum number of credit hours of tuition remission is sixteen hours, but individual units may have a lower cap which must be applied equally across all graduate assistantships sponsored by that unit.

(3) Health insurance. Graduate assistants receive a partial health insurance credit towards the health insurance plan for graduate students offered through the university. The amount of the credit is negotiated by university health services with the insurance company and may change from year to year.

(4) Retirement. Retirement for graduate assistants is governed by the Ohio public employees retirement system (OPERS), unless the student is a graduate teaching assistant and has a current membership with the state teachers retirement system of Ohio (STRS). Graduate students who do not want to contribute to an Ohio retirement account should complete a request for exemption at the OPERS website. As students, graduate assistants are exempted by federal law from medicare taxation.

(F) Implementation. Appointing units are responsible for selecting, appointing, and evaluating students for graduate assistantships.

(1) Selection. Appointing units will establish procedures for selecting students for graduate assistantships.

Acceptance deadline. The university adheres to the following council of graduate schools' policy on graduate admissions deadlines available here: (https://cgsnet.org/april-15-resolution)

(2) Appointments. Appointing units, working with the office of academic personnel, are responsible for ensuring that graduate assistants are hired according to university policy and procedure.

(3) Evaluation. Appointing units will establish effective means of evaluating and documenting the teaching and other duties performed by each graduate assistant to aid the professional growth of the graduate assistant. This evaluation and documentation shall be used for the purpose of counseling the graduate assistant and to assist in making decisions regarding reappointment.

(G) Reappointment. At the time of the initial notification of appointment, the appointing unit shall clearly communicate its policy on limits on the number of years of support at the master's and doctoral levels. Appointments or reappointments are determined by the appointing unit and are not automatic. Reappointment may be available contingent upon good progress toward completion of the degree and satisfactory performance of duties as provided for in paragraph (C)(3) of this rule. If a graduate assistant is not to be reappointed, they will be given written notice informing the student of the non-reappointment. Notices of non-reappointment and of reappointment will be given to students no later than the last day of the term preceding the reappointment.

(H) Resignation. A graduate assistant intending to resign should give written notice as early as possible to the appointing unit. The stipend will be paid up to the date of resignation. Tuition remission may be paid by the appointing unit for the entire term, or may be prorated to the date of the resignation.

(I) Termination.

(1) Termination for cause. An assistantship may be terminated for violation of the terms of the assistantship, university policies, laws, or regulations. The appointing unit will give written notice of dismissal to the graduate assistant along with the reason(s) for the dismissal.

(2) Termination for academic reasons. If a student is dismissed from the university for academic reasons, then the assistantship is terminated immediately upon the effective date of such dismissal. In the event the student appeals their academic dismissal and is reinstated in accordance with university policy or process, the assistantship shall be reinstated by the unit.

(J) Appeal. Graduate students who have had their assistantship terminated either for cause or for academic reasons shall follow the appropriate university appeal procedures. For additional resources and information see also A graduate student's guide to the grievance process.

(1) Appeals of termination for cause shall follow university appeal procedures consistent with paragraph (F)(5) of rule 3342.6-25.1 of the Administrative Code.

(2) Appeals of termination for academic reasons shall follow appeals procedures consistent with the process contained in the graduate academic dismissal and appeal policy (https://catalog.kent.edu/academic-policies/dismissal-appeal-graduate/).

Last updated August 19, 2024 at 8:37 AM

History

  • Effective: August 19, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-02

(A) The instructor of record for all coursework carrying academic credit at Kent state university will have a Kent state university appointment. The instructor of record has primary responsibility for course instruction, including the assignment of appropriate grades. In addition, all individuals providing ongoing instruction or a significant portion of instruction (twenty-five per cent or more) in a course will have a university appointment as an instructor or graduate teaching assistant.

All instructors on Kent state university appointment will be approved by the academic unit. This includes full-time instructors whose primary appointment is on the Kent campus as well as adjunct part-time instructors, who may teach at one or multiple campuses. With respect to full-time instructors whose appointment will be in the regional campus system, the relevant academic unit will assess basic qualifications in the academic discipline, but the regional campus to which the full-time instructor will be primarily assigned has final say in the appointment. Specific teaching assignments on the Kent campus will be made by the academic unit. Specific teaching assignments on regional campuses will be made by the regional campus offering the course.

(B) Instructor credentials. Qualified instructors are identified primarily by academic credentials, but other factors, including but not limited to equivalent, tested experience, are considered in determining whether an instructor is qualified. A current curriculum vita, along with academic transcripts or other documents verifying credentials, must be submitted prior to the hire for all instructor positions. Any exceptions to the minimum requirements provided for herein must be approved by the provost.

(1) Academic credentials. Individuals who assume responsibility for teaching courses at the university should meet the minimum degree requirements in their field of instruction as specified in this paragraph. Terminal degrees shall be verified during the hiring process as part of the background check and prior to beginning instructional duties. The minimum degree requirements for individuals with instructional responsibilities are as follows:

(a) Instructors that are solely responsible for teaching graduate and post-baccalaureate course work: earned doctorate/terminal degree or foreign degree equivalent in the teaching discipline or a related discipline.

(b) Instructors and graduate teaching assistants that are solely responsible for teaching upper-level undergraduate course work (30 to 40,000 level):

(i) Earned doctorate or terminal degree or foreign degree equivalent in the teaching discipline or a related discipline,

(ii) Master's degree or foreign degree equivalent in the teaching discipline or a related discipline, or

(iii) At least thirty graduate credit hours in the teaching discipline.

(c) Instructors and graduate teaching assistants that are solely responsible for teaching lower-level undergraduate course work (10 to 20,000 level):

(i) Earned doctorate or terminal degree or foreign degree equivalent in the teaching discipline or a related discipline,

(ii) Master's degree or foreign degree equivalent in the teaching discipline or a related discipline, or

(iii) At least eighteen graduate credit hours in the teaching discipline. Graduate teaching assistants in this category must also have direct supervision by a full-time faculty member experienced in the teaching discipline, and must be given both in-service training and planned and periodic evaluations.

(d) Graduate teaching assistants with less than eighteen graduate credit hours in the teaching discipline shall be able to:

(i) Teach lab sections or discussion/quiz sections connected to a parent class for which there is a full-time faculty member experienced in the teaching field serving as instructor of record and who will provide direct supervision, in-service training, and planned and periodic evaluations of the graduate teaching assistant, and

(ii) Serve as sole instructor in undergraduate courses at the 10,000 level that do not count toward the major in the teaching discipline provided that they are directly supervised by a full-time faculty member experienced in the teaching discipline, and are given both in-service training and planned and periodic evaluations.

(2) Tested experience. For individuals who do not meet the minimum degree requirements, academic units must provide a written explanation of the person's qualifications in the area of instruction and explicit evidence of those qualifications including, but not limited to:

(a) Academic degrees in related areas as documented on an official academic transcript;

(b) Documentation of relevant scholarly accomplishments, relevant creative accomplishments, and/or relevant professional experience or credentials; or

(c) Appropriate coursework as documented on an official academic transcript.

(3) Academic units are responsible for verifying and maintaining documentation of instructional qualifications for all faculty and staff and for forwarding copies of this documentation to the office of accreditation, assessment, and learning.

(a) The unit administrator and faculty advisory body of the academic unit will be solely responsible for defining the terminal degree(s) for the discipline.

(b) The unit administrator and faculty advisory body of the academic unit will be solely responsible for determining whether or not a discipline other than the teaching discipline is sufficiently related to meet the minimal degree requirement specified in paragraph (B)(1) of this rule.

(c) The unit administrator and faculty advisory body of the academic unit will be solely responsible for determining whether or not a given individual who lacks the minimal degree requirement meets the tested experience requirement specified in paragraph (B)(2) of this rule.

(C) Kent state university appointments. Instructional appointments will specify the rank and/or title of the individual appointment for the purposes of instruction and will note whether the appointment is full-time or part-time, term or continuing, and if applicable, whether the salary is from Kent state university operational funds or from another source. Examples of such appointments include full-time tenure-track faculty, full-time non-tenure-track faculty, adjunct part-time faculty, and graduate teaching appointees.

(D) Employment relationship. Except in instances where Kent state university has established a formal relationship with an accredited educational institution, a hospital or other health care organization, a governmental agency, or where the university employs artists, actors or musicians who are customarily represented by agents or artistic organizations, the employment relationship between the university and individuals involved in credit instruction will be direct.

(1) Independent contractors. Only under rare and extraordinary circumstances, and only after the prior approval of the educational policies council and the provost, will Kent state university enter into agreements that provide for third-party delivery of credit instruction in accordance with the rule 3342-5-04.1 of the Administrative Code. In these instances, the provisions in paragraphs (A), (B), and (C) of this rule with regard to the processing of appointments will be followed.

(2) Agreements that provide for the third-party delivery of credit instruction shall be reviewed by the appropriate academic unit prior to renewal or extension beyond the original term.

History

  • Effective: August 27, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-1-01

As used in agency 3342 of the Administrative Code:

(A) Board. "Board" means the board of trustees of the university in which the government of the university is vested pursuant to section 3341.02 of the Revised Code.

(B) Chair. "Chair" of the board which is the same office as that referred to as "president" in section 3341.03 of the Revised Code.

(C) Instructional units. "Instructional units" means the department, schools, and colleges of the universities, in addition to other academic entities established for the purpose of providing instruction.

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

(E) University. "University" means Kent state university as established in Chapter 3341. of the Revised Code.

(F) Vice chair. "Vice chair" means the vice chair of the board which is the same office as that referred to as "vice president" in section 3341.03 of the Revised Code.

(G) Regular full-time faculty member. A faculty member with regular academic rank the sum of whose teaching, research, and/or administrative responsibilities and assignments constitutes fulltime employment (one hundred per cent full-time employment) at Kent state university.

(H) Full-time non-tenure-track faculty member. A faculty member whose employment contract is for a duration of one year the sum of whose teaching, research, and/or administrative responsibilities and assignment constitutes full-time employment (one hundred per cent full-time employment) at Kent state university but who does not hold an appointment in a tenure-track position.

(I) Regular academic rank. "Regular academic rank" denotes the expectation or possibility of indefinite tenure- instructor, assistant professor, associate professor, and professor, plus such descriptive honorific, or courtesy designations as "research," "university," "distinguished," and so forth.

(J) Student. "Student" means any person admitted or enrolled at the university in any of its courses, programs, campuses, or offerings, including, but not limited to, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit.

(K) Instructor. "Instructor" means any person employed or appointed to teach in any course or program offering of the university, or a committee appointed to assess, evaluate, or grade a thesis, dissertation or work. Any decision to such a committee shall be by majority votes.

(L) Chairperson. "Chairperson" means the chief administrative officer of a department, school, or program whose position is that of a first organizational level academic level with a teaching faculty.

(M) Dean. "Dean" means the chief academic officer of a college, independent school, regional campus or equivalent.

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

(O) College. "College" means an academic unit headed by dean.

(P) Regional campus. "Regional campus" means any of the Kent state university system of community-oriented institutions.

History

  • Effective: October 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-29 University policy regarding faculty annual performance review.

(A) The university shall conduct an evaluation for each full-time faculty member who it directly compensates. The evaluation shall be conducted by the academic unit administrator or campus dean. Evaluations conducted by department chairs or school directors shall be reviewed and approved by the college dean. The provost shall have final decision authority.

(B) The evaluation shall be comprehensive and shall include standardized, objective, and measurable metrics developed by the university in consultation with the faculty senate.

(C) The evaluation shall include an assessment of performance for each of the following areas on which a faculty member received at least 1.5 workload credits (five per cent of their work time) over the preceding academic year:

(1) Teaching

(2) Directing labs and studios

(3) Advising theses or dissertation

(4) Developing distance learning courses

(5) Research or creative activity

(6) Clinical care

(7) Service

(8) Administration

(9) Librarianship

(10) Other, as appropriate

(D) Faculty being evaluated shall submit an updated curriculum vita and may submit a narrative. Administrators conducting the evaluation shall review the faculty member's updated curriculum vitae, any narrative submitted, course syllabi for each course during the academic year for which the faculty member is being evaluated, student evaluations and any peer reviews of teaching from the academic year for which the faculty member is being evaluated, and any materials submitted in connection with a reappointment, tenure, or promotion review conducted during the academic year for which the faculty member is being evaluated.

(E) In each of the applicable performance areas listed in paragraph (C) of this rule, the administrator conducting the review will provide a summary assessment using the parameters "exceeds performance expectations," "meets performance expectations" or "does not meet performance expectations."

(F) Student evaluations conducted pursuant to section 3345.451 of the Revised Code shall account for twenty-five per cent of the teaching area component of the evaluation.

(G) Faculty receiving an assessment of "does not meet performance expectations" in any category shall have the right to submit a written appeal of that assessment. Appeals shall be reviewed by the appropriate faculty advisory body which shall make a recommendation to the administrator conducting the evaluation. Both the written appeal and the recommendation by the appropriate faculty advisory body shall be included along with the final assessment resulting from the appeal by the administrator conducting the review.

(H) The evaluation shall establish a projected work effort distribution for the faculty member which will be reflected in the faculty member's workload for the following academic year and used in the evaluation of the faculty member's performance for that following academic year. The projected work effort distribution that results from the evaluation shall be compliant with rule 3342-6-18 of the Administrative Code and shall receive approval from the college or campus dean.

(I) This policy shall be reviewed and updated as needed by the faculty senate and reviewed and approved by the board of trustees at least once every five years.

Last updated December 30, 2025 at 10:07 AM

History

  • Effective: December 28, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-30 University policy on post-tenure review.

(A) Post-tenure review is the review of a tenured faculty member to determine whether administrative action is required in response to a perceived failure to meet employment expectations. The administrative actions that may be taken as a result of a post-tenure review include, but are not limited to censure, remedial training, or for-cause termination.

(B) The university shall conduct a post-tenure review if a tenured faculty member received a "does not meet performance expectations" evaluation within the same evaluative category for a minimum of two of the past three consecutive years on the faculty member's annual performance evaluation conducted pursuant to rule 3342-6-29 of the Administrative Code.

(C) The department chair or school director, college or campus dean, or the provost may require an immediate and for cause post-tenure review at any time for a tenured faculty member who has a documented and sustained record of significant underperformance outside of the faculty member's annual performance evaluation. For this purpose, for cause shall not be based on a faculty member's allowable expression of academic freedom.

(D) Any faculty member who retains tenure after a post-tenure review and receives a "does not meet performance expectations" assessment on any area of the faculty member's annual performance evaluation in the subsequent two years shall be subject to an additional post-tenure review.

(E) Review process.

(1) The post-tenure review due process period shall not exceed six months from beginning to end, except that a one-time two-month extension may be granted by the president.

(2) The provost's advisory counsel (PAC) shall conduct the initial post-tenure review and make a recommendation to the provost.

(a) The administrator initiating the post-tenure review will provide the PAC and the affected faculty member with documented evidence supporting the "does not meet performance expectations" evaluation on the faculty member's annual performance evaluation or of a sustained record of significant underperformance outside the faculty member's annual performance evaluation, whichever prompted the post-tenure review. The administrator initiating the post-tenure review may submit a list of up to five witnesses who can testify to the apparent need for administrative action. The submission of this evidence and list of witnesses starts the clock on the six month time period within which the review must be conducted.

(b) The faculty member subject to review shall then have twenty working days to review the evidence submitted by the administrator and submit a response to that evidence to the PAC with a copy to the administrator initiating the post-tenure review. The faculty member's response may include a list of up to five witnesses who can testify on behalf of the faculty member.

(c) After receipt of any response from the faculty member, or in the absence of such a response, no later than twenty working days after receipt of the initial evidence provided by the administrator initiating the review, the PAC will have a period of twenty working days in which to meet independently with the administrator initiating the review along with any supporting witnesses and with the faculty member being reviewed and any supporting witnesses. The faculty member being reviewed shall have the right to bring a faculty advocate to this meeting.

(d) After reviewing the evidence submitted and meeting with the administrator and faculty member, the PAC may request additional information and/or documentation from either the administrator or the faculty member or from any of the witnesses supporting either party.

(e) The PAC will review all of the relevant evidence submitted and make a determination whether or not there is cause for administrative action.

(f) No later than twelve weeks after the initiation of the post-tenure review process in paragraph (E)(2)(a) of this rule, the PAC will submit a report to the provost. The report will contain their assessment of the evidence presented and their determination of whether or not there is cause for administrative action. If the PAC finds that there is cause for administrative action, the report will contain specific recommendations for potential administrative actions to be considered by the provost. The administrator initiating the review and the facutly member being reviewed shall receive copies of the PAC's report on the post-tenure review.

(3) No later than four weeks after receiving the report of the PAC, the provost shall review the recommendation of the PAC and submit a recommended outcome of the post-tenure review process to the president who is responsible for making the final decision with respect to the post-tenure review. The administrator initiating the review and the facutly member being reviewed shall receive copies of the provost's recommended outcome on the post-tenure review.

(4) If the provost recommends to the president that administrative action be taken as a result of the post-tenure review, the tenured faculty member will have ten working days in which to submit a written appeal of the provost's recommended administrative action to the president.

(5) The president shall review the PAC's recommendation, the provost's recommendation, and any written appeal submitted by the faculty member before making a final decision on the outcome of the post-tenure review.

(F) If the president's final decision is that administrative actions are warranted as the outcome of the post-tenure review, such administrative actions shall be implemented in accordance with the sanctions for cause provisions of the applicable collective bargaining agreement.

Last updated December 30, 2025 at 10:07 AM

History

  • Effective: December 28, 2025
  • Promulgated Under: 111.15

Chapter 3342-7 Finance

Ohio Adm.Code 3342-7-01 University policy regarding treasurer of the university.

Policy statement. The senior vice president for finance and administration shall serve as the treasurer for the university and in such capacity is responsible for the following:

(A) Prepare, maintain and distribute a fee register which shall include a listing and description of all fees due and payable to the university. Such fee register shall be published and amended as provided for in university 3342 of the Administrative Code or as required by law.

(B) Have charge and custody of securities, notes, contracts, deeds, documents and all other indicia of title in the university and valuable effects of the university; receive and give receipts for moneys due and payable to the university from any sources whatsoever; deposit all such moneys in the name of the university in such depositories as permitted or determined by law.

(C) Before entering upon the discharge of such duties and in accordance with Ohio law, give bond to the state of Ohio for the faithful performance of such duties and proper accounting for all moneys coming into the treasurer's care. The amount of said bond shall be determined by the board, but shall not be for a sum less than the estimated amount which may come into the treasurer's control at any time. Said bond shall be approved by the attorney general of the state of Ohio and filed with the secretary of the state of Ohio. In the alternative, the university may provide insurance coverage with a specific endorsement for faithful performance of the treasurer's duties in the amount of not less than five million dollars.

History

  • Effective: October 1, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-01.2 Administrative policy regarding credit card security.

(A) Policy statement. For the express purpose of protecting credit card account information stored or transmitted through university resources and in furtherance of the university's objective in maintaining secure financial transactions, this policy implements a university-wide compliance program regarding the security of credit card transactions.

(B) Scope. This policy applies to all transactions involving credit card account information ("cardholder data") processed by a university employee or any other person or entity accepting credit card payments on behalf of a university division, department, office, or entity, whether utilizing internal university processing systems or external third-party processing systems. This policy also applies to all merchants who have established accounts in university systems or other electronic financial processing systems where transactions on behalf of the university are conducted.

(C) Definitions

(1) Credit card. Refers to a credit, debit, or a pre-paid branded card issued by a financial institution.

(2) Cardholder data. For the purposes of this policy, cardholder data is any personally identifiable information associated with a specific cardholder, such as account number, expiration date, name, address, social security number, and card validation code or card identification number.

(3) PCI DSS. For the purposes of this policy, the term PCI DSS refers to the "Payment Card Industry Data Security Standard" which is a set of requirements designed to ensure that the university maintains a secure environment in the processing, storage, and transmission of cardholder data.

(4) Merchant. For the purposes of this policy, credit card merchants at Kent state university are those authorized departments and their users provided for under this policy who are authorized to accept credit cards in payment for products and services. All merchants must follow established proceses before being approved to engage in commercial or other transactional activities on behalf of a university department, office, etc.

(D) Implementation.

(1) Oversight and responsibility. The division of finance and administration, in coordination with the division of information technology, will be responsible for the implementation and coordination of compliance efforts associated with and in furtherance of this policy. However, responsibility for continued adherence to this policy and to an environment of compliance regarding credit card transactions is shared by all university offices and employees of Kent state university. Oversight will include, but is not limited to, attention to the following standards:

(a) Maintaining a secure network and systems;

(b) Protecting cardholder data;

(c) Maintaining a vulnerability management program;

(d) Implementing strong access control measures;

(e) Regularly monitoring and testing networks; and

(f) Maintaining an information security policy.

(2) Minimum requirements for compliance. All university credit card transactions must adhere to the following provisions:

(a) Methods of transactions. Credit card transactions shall be processed in person, by mail, using using a secure PCI DSS compliant university-approved electronic application or device. Guidelines for processing credit card transactions for each of these methods are maintained in the bursar's office. Confirmation of PCI DSS compliant device is available upon request from the bursar's office. Cardholder data shall not be accepted or transmitted via email, facsimile, or by phone. If accepting credit card payments by phone is necessary and a justified business purpose, then such transaction must be done using a dedicated phone device approved by the division of information technology. Cardholder data shall not be obtained or stored using card imprint machines.

(b) Receipts. Customer receipts, either printed or electronic, shall show only the last four digits of the credit card number.

(c) Storage. Cardholder information electronically or in written form on university information server, or systems, or physical locations to ensure the protection of the stored credit cardholder data.

(d) Authorized users Personnel authorized to accept , process, or manage credit card transactions are required to participate in training related to their specific responsibilities annually.

(3) Periodic review. The division of finance and administration, in coordination with the division of information technology, may at any time perform periodic compliance reviews, audits, or scans of any merchant approved to conduct credit card processing.

(4) Annual review.

(a) Processing procedures and protections under this policy shall be reviewed annually by the division of finance and administration, with assistance from all relevant university resources.

(b) Each merchant shall perform, with guidance from the division of finance and administration and/or the division of information technology , an annual review and may be required to assist in the completion of the PCI DSS annual self-assessment questionnaire as a prerequisite for each annual approval to continue credit card processing under this rule.

(c) The division of finance and administration shall coordinate the university's annual assessment to ensure adherence with this rule and associated compliance standards.

(d) This policy shall be reviewed annually by the division of finance and administration and a log showing the date of the review and the name and title of the person who completed the review shall be maintained in the office of the senior vice president for finance and administration.

(5) Training. All merchants, and individuals authorized to processes credit card transactions as part of the merchant agreement, existing at the effective date of this policy and all new merchants approved by the division of finance and administration shall complete an approved training course regarding credit card transactions prior to conducting credit card processing . The training course will be administered and managed by the bursar's office. All merchants and individuals approved to process credit card transactions are required to complete this training annually in order to continue accepting credit cards.

(6) Third-party access. Any party contracted for services by the university that will have access to cardholder data or will perform transactions on behalf of the university utilizing cardholder data must contractually agree to:

(a) Adhere to all applicable requirements in the current version of PCI DSS applicable for their merchant level;

(b) Be liable for the security of the cardholder data;

(c) Notify the university of any breaches, intrusions, or potential compromises of cardholder data within seventy-two hours of discovery; and

(d) Permit periodic information security reviews by the university. The university department, office, etc. contracting with such third-party providers shall be responsible for notifying the bursar's office of any such planned agreements in advance of executing an agreement.

(7) Disposal of electronic equipment. In order to reduce the risk of the unauthorized release of cardholder data that may be contained on university equipment that is sold, disposed of, or otherwise discarded, all media connected to equipment used for processing cardholder data shall be securely wiped before leaving the university. The division of information technology is responsible for adopting the appropriate university standards under this paragraph.

(E) Unauthorized access and breach.

(1) Immediate notification. Any merchant or other individual that becomes aware of a breach or potential compromise of data shall immediately notify the bursar's office and the office of security and access management of such breach or condition. Please send this notification via e-mail to PCICompliance@kent.edu. At that time the university's incident response plan will be initiated as appropriate based on the specific circumstances.

(2) Incident response plan. The division of finance and administration and the division of information technology are responsible for drafting and maintaining an incident response plan to outline the university's official response in the event of a breach or other potential compromise of data or discovery of any condition of non-compliance. Upon notification by a merchant or other party of an event of breach, potential data compromise, or non-compliance, such plan shall be executed.

(3) Remediation. As a part of such plan, the division of finance and administration and the division of information technology will be responsible for jointly coordinating the university response and creating the remediation plan to restore compliance in accordance with this rule.

(F) Violation. University departments and/or merchants found in violation of this rule may be subject to various financial and other sanctions. These may include termination of merchant accounts, suspension of privileges to accept credit card payments, financial penalties and costs associated with a security breach including bringing a non-compliant application into compliance, and/or possible disciplinary action of the individual(s) involved up to and including termination of employment.

Last updated June 16, 2025 at 10:43 AM

History

  • Effective: June 13, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.1 Administrative policy regarding budget administration.

(A) The primary responsibility for controlling expenditures within appropriated amounts rests with each department head. Expenditures in excess of the budget should not be incurred without the knowledge and approval of the appropriate vice president.

(B) Budget administration.

(1) Expenditures. Each vice president is responsible for the total expenditures of his or her particular major program area. If there is an overexpenditure in a particular budgetary unit or department, it is the responsibility of the vice president involved to cover the deficit either from an underexpenditure in some other department or from contingency funds available to such vice president.

(2) Transfer by department. Transfers of budgeted funds may be made by a department as between personal service, current expenses and equipment providing that no additions are made in personal services which would become a continuing obligation in succeeding fiscal years. A budget transfer form should be used for requesting a transfer and it must be approved by the appropriate vice president.

(3) Inter-departmental transfers. Transfers of budgeted funds may be made from one department to another providing that no additions are made in personal services which would become a continuing obligation in succeeding fiscal years. A budget transfer form should be used for requesting a transfer and it must be approved by the appropriate vice president.

(4) Contingency funds. Contingency funds which may be available to vice presidents may not be used for personal services which would become a continuing obligation in succeeding fiscal years.

(5) Resource management. The university is obligated to operate the budget within available resources. This implies the authority to use any available reserve funds to supplement current income. If actual current income exceeds the estimates upon which the budget was founded, additional allocations may be made by the president; however, if actual current income is less than the estimates and there is no available reserve fund, the president is obligated to reduce the budget accordingly.

(6) Reports. Detailed budget performance reports will be made available to all departments and to all vice presidents on a monthly basis. A summary budget performance report will be reviewed with the board on a quarterly basis.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.2 Administrative policy regarding protection of university funds.

(A) The university's cashiering department is responsible for creating, maintaining, enforcing, and disseminating operational procedures for the collection and safeguarding of university funds.

(B) All university departments, employees, and agents authorized to collect funds on behalf of the university shall comply with the operational procedures developed and maintained by the cashiering department pursuant to paragraph (A) of this policy.

Last updated April 27, 2026 at 7:38 AM

History

  • Effective: April 26, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.3 Administrative policy regarding payroll deductions.

(A) Payroll deductions, in addition to those mandated by law, may be made for the following:

(1) Charitable purposes if such qualify as a charity under federal income tax regulations;

(2) Gifts to the university or the "University Foundation, Incorporated";

(3) Employee association dues;

(4) United States savings bonds purchases;

(5) Meals when applicable; and

(6) Hospitalization, life or other insurance purchased through the university.

(B) All other deductions may be authorized only by the president after consultation with the cabinet or the faculty senate as the matter may relate.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.4 Administrative policy regarding auxillary agencies.

(A) Policy statement. As recommended by the president and approved by the board, certain university operations, whose income includes substantial amounts of other than imposed fees or appropriated revenue, shall be designated as auxiliary services.

(B) Scope. For budgeting purposes, an auxiliary service is a fiscal entity. The manager or supervisor of each shall prepare an annual report under the direction of the comptroller including a statement of income and expenditures and a description of the operation for the year in review. The following agencies are so classified:

(1) Airport;

(2) Flight training;

(3) Food service, residence halls;

(4) Golf course;

(5) Ice arena;

(6) Intercollegiate athletics;

(7) Parking and traffic;

(8) Kent student center (including bookstore);

(9) Regional campus bookstores;

(10) Regional campus food service.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.5 Administrative policy regarding business meals and hospitality expenses payable or reimbursable from university funds.

(A) Purpose. This policy establishes the conditions for the expenditure of and/or reimbursement from Kent state university funds for business meals and hospitality expenses. As a major public institution funded by state allocations and student tuition, Kent state university is held to a high level of accountability for its business practices. Numerous constituencies have an interest in how the university spends its money. Accordingly, every reasonable effort must be made to ensure that funds are used in a responsible and appropriate manner. The judgment of a prudent reasonable person shall rule in the stewardship of university funds. In cases that are questionable, advance confirmation shall be sought.

(B) Definitions.

(1) Business meals and hospitality expenses. This is the cost of food, non-alcoholic beverages, entertainment, and incidentals associated with providing business accommodation or hospitality in the conduct of university business for the promotion or advancement of the university mission.

(2) Business meal. This is a properly documented meal occurring during a meeting where the primary purpose is to conduct university business or promote or advance the mission of the university. At least one non-KSU employee directly related to the purpose of the meeting shall be present in order for the meal to be university-funded.

(3) Contractor. This is an organization or individual having a contractual relationship with the university to provide goods or services in exchange for monetary compensation, but not classified as an employee.

(4) Hospitality. This is an event for the purpose of reception and entertainment of visitors and guests of the university.

(5) Formal employee-only meetings. These are meetings that are not regularly recurring and include employees across more than one department within or between colleges or administrative units and for which there is a documented business purpose such as a written agenda.

(6) Executive officers. The president, all vice presidents, and the athletic director. Approval delegees are allowable provided they meet the requirements as defined in rule 3342-5-04.1 of the Administrative Code.

(C) Scope/criteria.

(1) Scope.

(a) All employees and contractors of the university are subject to this policy.

(b) Sponsored programs.

(i) Business meals or hospitality expenditures are not permissible on sponsored programs unless specifically authorized as part of the grant or contract.

(ii) In cases of sponsored programs, the terms of the grant or contract may be more restrictive than the university's policy and those terms shall govern.

(iii) In cases where the limitations imposed by the grant or contract are less restrictive, the university's policy shall apply.

(iv) Federal grant funds may not be used for entertainment costs, including amusement, diversion, and social activities, which are unallowable under office of management and budget (OMB) circular A-21.

(2) Criteria.

(a) Expenses for business meals and hospitality are eligible for university payment or reimbursement only if the related activity meets all of the following criteria:

(i) Documented university business purpose or promotion or advancement of the university mission.

(ii) University receives a benefit such as goodwill of guests, enhanced communication, or increased productivity which is based on the judgment of the executive officer approving the expenditure.

(iii) Expenditure must be reasonable and properly documented for food, non-alcoholic beverage, entertainment, or related incidentals as described in paragraph (D)(1)(g) of this rule.

(b) The following are examples of authorized business meals or hospitality purposes:

(i) To establish and maintain effective external communications and relationships for the benefit of the university.

(ii) To assist business operations by utilizing early morning, noontime, and evening hours for work activity with university personnel and external clientele or prospective employees of the university, thus expanding the available working hours for such purposes.

(iii) To enhance university facilities as appropriate with food, non-alcoholic beverages, and decorations for organized events of the university, such as conferences and academic ceremonies, at which friends and clientele of the university are invited guests.

(iv) To provide appropriate food service for formal employee-only meetings as defined in paragraph (B)(5) of this rule and student functions in university facilities particularly when employees or students are present during normal mealtimes or participating outside of their normal work hours.

(v) Complimentary tickets or admissions to university events authorized and documented by the executive officer of the division sponsoring the event for circumstances that require the recipient to be present to further the mission of the university. In such cases, the sponsoring executive will be responsible for maintaining documentation and substantiating the business purpose of providing the complementary admission. Documentation shall include time, date, place, business purpose, attendees at the event, and affiliation of attendees.

(vi) Food and non-alcoholic beverages for official gatherings for the benefit of students at the program, college, or university level. Expense shall be limited to a reasonable cost not to exceed five dollars per person.

(vii) Food and non-alcoholic beverages for a gathering to recognize a university-acknowledged work related achievement of a faculty or staff member. Expense shall be limited to a reasonable cost not to exceed five dollars per person.

(viii) Food and non-alcoholic beverages for a gathering to recognize the retirement of an employee with 10 or more years of service with the university. Expense shall be limited to a reasonable cost not to exceed five dollars per person.

(c) The following are examples of business meals or hospitality purposes where use of university funds is not authorized, except as approved in advance by the appropriate executive officer. If an exception is granted, a completed policy exception pre-approval form shall be maintained with the documentation for reimbursed expenses or interdepartmental charge (IDC) or attached to the request for direct vendor payment as indicated on the form:

(i) Entertainment of colleagues within the university, or spouses or personal acquaintances, except where such persons are inseparably intermingled with official guests at events that meet the criteria listed in paragraph (C)(2)(a) of this rule.

(ii) Hospitality provided in personal residences of employees.

(iii) Tickets for university events for employees or their family members purchased using university funds except where such persons are inseparably intermingled with official guests at the event.

(iv) Memberships in social clubs.

(v) Food or beverages provided in the workplace for employees except as specifically allowed under paragraph (C)(2)(b) of this rule. Non-alcoholic beverages provided for guests to the office are permissible.

(vi) Office parties, decorations, and paper products used by office staff for consumption of food or beverages.

(D) Procedure.

(1) Reimbursements, interdepartmental charges (IDC), or direct vendor payments. (All hospitality and business meals expenses require approval by an executive officer as defined for the purposes of this policy in paragraph (B)(6) of this rule.)

(a) Reimbursement of expenses, IDC, and/or direct vendor payments will be made only for expenses that are consistent with this policy and are reasonable, necessary, prudent, and appropriate for the occasion as well as consistent with the mission of the university.

(b) For events not otherwise enumerated within this policy, expenditures in excess of fifty dollars per person or five thousand dollars per event require written pre-approval by the supervising executive officer. A completed policy exception pre-approval form shall be maintained with the documentation for reimbursed expenses or IDC or attached to the request for direct vendor payment as indicated on the form.

(c) The only university payment methods allowed for business meals and hospitality expenses are expense reimbursement, direct vendor payments, and IDC for internal transactions.

(d) Business meals and hospitality expenses are the individual's personal responsibility and are reimbursed, if allowable, after approval by the supervising executive officer. Direct payment or IDC for business meals and hospitality expenses as invoiced by vendors or contractors, including KSU departments, are subject to the same limitations, documentation requirements, and approvals as reimbursed expenditures. In the case of IDCs it is the responsibility of the department making the expenditure to maintain the appropriate documentation, including written executive officer approval, with record of the IDC.

(e) Using university funds for the costs of alcoholic beverages will not be authorized.

(f) Where applicable and appropriate tips and gratuities may be allowed, but shall not exceed twenty per cent unless a higher gratuity is imposed by the provider.

(g) Proper documentation includes an original itemized receipt that shall be required at all times. No reimbursement will be made for a non-itemized or missing receipt unless accompanied by a statement of expenses that has been approved by the supervising executive officer. The statement of expenses shall be accompanied by proof of payment such as a credit card statement. If an original receipt is not available, the use of a copy or fax will require approval by the supervising executive officer that shall be noted on the receipt copy. In addition to an itemized receipt, internal revenue service rules on substantiation of business expenses (IRS publication 463) require documentation of the time, date, place, business purpose, attendees at the event, and affiliation of attendees. The documentation requirements apply to all on-campus and off-campus events, regardless of payment method.

(h) The university will not provide reimbursement for expenses that lack proper documentation or a clear business purpose.

(i) All transactions are subject to appropriate review by the Kent state university internal audit office, the university's external auditors, and other reviewing agencies in order to test for compliance with university policies and procedures; federal, state and local laws; and regulations and constraints imposed by agencies and donors.

(j) In the event that a request for reimbursement, IDC, or direct vendor invoice is not compliant with policy, the request shall not be processed. In cases where non-compliance to policy is identified after request has been processed, the terms of paragraph (E)(2)(a) of this rule shall apply.

(E) Appeals/violations.

(1) Appeals.

(a) Exceptions to this policy will be made only with advance written approval by the supervising executive officer. Exceptions granted to executive officers shall be approved by the president. Exceptions granted to the president shall be approved by the vice president for finance and administration. A completed policy exception pre-approval form must be maintained with the request for reimbursement or IDC or attached to the request for vendor payment as part of the required documentation. Exceptions shall be granted on a case-by-case basis and only under extraordinary circumstances and in no case constitute precedence.

(b) Inquiries regarding this policy or specific issues not covered in this policy shall be directed to the office of the vice president for finance and administration for clarification and resolution.

(2) Violations.

Violations of this policy will result in the individual being required to reimburse the university for inappropriate amounts claimed and may result in disciplinary action as established in the conduct and discipline section of the employee resource manual pursuant to employee code of conduct guidelines found in rule 3342-6-01 of the Administrative Code.

Last updated June 17, 2024 at 8:49 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-04.1

(A) Purpose statement. This policy designates the process by which university officials are authorized to negotiate and enter into contracts on behalf of Kent state university in accordance with the authority established in rule 3342-5-04 of the Administrative Code.

(B) Scope. This policy applies to all employees at Kent state university ("university employees"), whether temporary, term, or continuing, part-time or full-time positions. This policy applies to original contracts and agreements, as well as all amendments, alterations, modifications, corrections, changes and extensions.

(C) Definitions.

(1) Contract. For the purpose of this policy, "contract" means all written agreements intending to have legal effect between two or more parties where Kent state university, or any department within the university, constitutes one of the contracting parties.

(a) The term "contracts" includes, but is not limited to, memorandums of understanding, agreements, service contracts, settlement of disputes, rental/lease agreements, affiliation agreements, liability waivers, assignments of rights and/or licensing agreements.

(b) The term "contracts" does not include internal agreements between department/units of Kent state university.

(c) Exclusions. This policy does not apply to the following: faculty and adjunct instructor employment agreements executed by the senior vice president for academic affairs and provost, employment contracts executed by the division of human resources, student employment contracts executed by the executive director of the office of career exploration and development, contracts executed by student organizations, or private and personal matters of employees. This policy does not apply to, nor does it seek to replace, the board of trustees as the contracting authority for certain agreements as required by Chapters 3341. and 3345. of the Revised Code or rules 3342-2-01 and 3342-5-04 of the Administrative Code.

(2) Contracting authority. For the purpose of this policy, "contracting authority" means university personnel who hold a delegation of signatory authority in accordance with this rule and rule 3342-5-04 of the Administrative Code.

(3) Vice president. For the purposes of this policy, "vice president" shall mean the officer responsible for an administrative or academic division of the university as appointed by the president and approved by the Kent state university board of trustees.

(D) Implementation.

(1) Authority to contract. In accordance with rule 3342-5-04 of the Administrative Code, the Kent state university board of trustees, the president of the university, or vice presidents hold the authority to contract on behalf of Kent state university. This rule provides for the formal delegation of such authority to other university employees as may be necessary for the proper maintenance and successful and continuous operation of the university.

(2) Delegation required. With exception to the authority referenced in paragraph (D)(1) of this rule, university employees shall not enter into a contract for the purchase of goods or services or otherwise obligate Kent state university to perform any obligation, including but not limited to an obligation to pay any sum of consideration, unless the university employee holds a delegation under this rule.

(3) Delegation in writing. A university employee may contract on behalf of the university if provided a written delegation by the Kent state university board of trustees, the president of the university, or a vice president.

(a) A written delegation must contain all of the following elements:

(i) The employee's administrative job title ("position");

(ii) Effective date and term of the delegation;

(iii) Scope of employee's contracting authority;

(iv) Restrictions, limitations of employee's contracting authority;

(v) Signature of the board, president, or vice president, as may be applicable; and

(vi) Signature of the university employee accepting and acknowledging the terms of the delegation.

(b) Limitation. Except as otherwise provided for in this policy, written delegations may not be made more than two administrative levels below that of the vice president or dean, or more than two administrative levels below that of the regional dean, without written approval by the president of the university. For example, if a college has a dean, an associate dean, and an assistant dean, the delegation may not be made below that of the assistant dean without written approval by the president of the university. In the event that a delegation is made lower than two administrative levels, the signature of the president is required.

(i) Exceptions to paragraph (D)(3)(b) of this rule:

(a) Delegation in university policy. A university employee may contract on behalf of the university if the university employee's specific position is delegated the authority to contract under another rule within agency 3342 of the Administrative Code. Such delegation is limited to the conditions and scope provided for in the applicable policy in which the delegation is provided and must be in writing.

(b) Delegation as an "institutional official." A university employee may contract on behalf of the university as an "institutional official." For the purposes of this rule, an "institutional official" means an individual holding a position that is required by state or federal law to serve as the university's designated official for reporting or contracting purposes. Such delegation shall be in writing.

(4) Delegation by position. A university employee holding one of the following positions may contract on behalf of the university to the extent that such authority is limited to the scope of the operations relative to the applicable academic structure:

(a) Regional deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective campus, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(b) College deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective college, including agreements necessary to secure non-clinical student placements, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(c) Associate deans and school directors shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective school, and for a total value not to exceed twenty thousand dollars and not to exceed a contract term of two years.

(d) Associate provosts shall be authorized to review and execute contracts necessary for the continuing and successful operation of the division of academic affairs, including affiliation agreements with health care providers for the clinical placement of students, as directed by the provost, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years; or

(5) Retention. Original executed delegations must be filed with the senior vice president for finance and administration, or designee, prior to the effective date of such delegation.

(6) Revocation. Delegations may be revoked at any time by the assigning board, president, or vice president.

(7) Conflict of interest. In accordance with the ethics laws of the state of Ohio and as further provided for in rule 3342-6-23 of the Administrative Code, any university employee provided with a delegation of authority may not enter into any contract that involves the university employee, the employee's family, business associates, or any organization with which the employee is associated. In that event the university employee should immediately notify the delegating authority that a conflict of interest exists and withdraw from any participation in the transaction.

(a) Review required. Any university employee provided with a delegation of authority under this policy must also submit a conflict of interest disclosure form pursuant to rule 3342-6-23 of the Administrative Code to the Kent state university board of trustees, president of the university, or vice president at the time of request which shall be kept on file with the original delegation. The form is available from the division of finance and administration. It is the responsibility of the university employee submitting the conflict of interest disclosure form to amend the statements in the form and notify the university employee's supervisor if there is any material change in the information initially submitted.

(E) Contracting process.

(1) Responsibilities of initiating party. The university employee initiating the contract on behalf of the university is responsible for reading the contract entirely, negotiating its substantive terms, and determining the following:

(a) The contract language accurately reflects the current state of negotiations and is sufficiently clear and consistent;

(b) The contract meets programmatic and university strategic mission requirements;

(c) The contract is in the best interests of the university and the contract term is reasonable in duration;

(d) The obligations placed on the university in the contract are in compliance with current university procedures and policies; and

(e) The contract includes the appropriate substantive content to describe the obligations of both parties with reasonable specificity.

(2) If the contract falls under the purview of rule 3342-6-04.3 of the Administrative Code, the initiating university employee must follow the review process required therein prior to initiating any further review of the contract required by this rule.

(3) If the value of the contract exceeds the thresholds established by rule 3342-7-12 or falls under the purview of rule 3342-7-12.1 of the Administrative Code, the initiating university employee must follow the approval processes required therein prior to initiating any further review of the contract required by this rule.

(4) The initiating party is further responsible for the negotiation of all substantive items in the contract, and is solely responsible for the resulting terms and conditions contained therein. Once the substantive terms have been agreed to by the initiating university employee, the initiating university employee must then submit the contract for the mandatory reviews required as provided in this rule.

(5) Mandatory review by the office of the provost. The office of the provost must review any contract between the university (or any unit within the university) that outsources a part of or all of its education programs (i.e. degrees or certificates offered for academic credit) to a third-party entity. Review conducted under this paragraph must be concluded prior to review under paragraphs (E)(6), (E)(7), and (E)(8) of this rule.

(6) Mandatory review by the division of information technology. In accordance with rule 3342-9-03.1 of the Administrative Code, vendors who will receive, transfer, store, or otherwise have access to university data must be subject to review by the office of security and access management with regard to the university's data security policies and standards prior to submission to the office of general counsel.

(a) In accordance with rule 3342-4-16 of the Administrative Code, the division of information technology will also work with internal units to review the substantive requirements of the contract with regard to the university's electronic and information technology accessibility standards.

(7) Mandatory review by general counsel. All contracts prior to execution must be submitted to the office of the general counsel for review as to legal form and sufficiency. General counsel will return the contract to the initiating employee for further revision if necessary. Failure to provide the contract for counsel review could affect several statutory protections reserved for public officials employed by the university including, but not limited to, immunity and indemnification.

(8) Mandatory review by the division of finance and administration. After review by general counsel, the initiating university employee must provide such contract for review by the senior vice president for finance and administration, or his/her designee, if the contract obligates the university to pay funds of one hundred thousand dollars or more for the term of the contract pursuant to rule 3342-7-12 of the Administrative Code. Upon review, the division of finance and administration will return the contract to the initiating university employee for further revision if necessary.

(9) Contract execution. After all appropriate approvals have been received and documented and both parties are in mutual agreement to the terms, both parties must sign the contract before any action called for in the contract can occur. Once executed by the contracting authority, the contract must be fully executed (signed by both parties) with one copy to be provided to the contracting authority (if different from the initiating employee).

(10) Contract retention. The contracting authority is responsible for the retention of the contract, which may be kept in a readable and compliant electronic format. The contract must be kept on file for at least the term of the contract plus five years or as required by the university's record retention schedule, whichever is longer. The record retention schedule can be found on the office of general counsel's website at www.kent.edu/generalcounsel.

(11) Filing the final, fully executed contract. Once a contract is fully executed, it must be filed in a central contract management system managed by the division of finance and administration.

(F) Prohibitions. Failure to follow this policy or to ensure that the appropriate contracting authority is obtained during the execution of a contract and/or agreement may result in the temporary or permanent revocation of the contracting authority of the initiating party as provided for in under this rule. No contract signed by a person without contracting authority as delegated by the board or this policy shall be binding on the university. Under no circumstances may a delegation under this rule be provided to a temporary employee, part-time employee, student employee, independent contractor, or volunteer.

Last updated June 17, 2024 at 8:49 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-01

(A) Policy statement. The vice president for the division of people, culture and belonging is responsible for the development, implementation, and enforcement of the employment policies and practices at Kent state university, as delegated by the president. The vice president may delegate to the appropriate staff the authority to assist in the execution of these responsibilities.

(B) Employee code of conduct. Every employee of Kent state university is required to comply with the policies and guidelines established for employees, as well as applicable local, state, and federal laws. Therefore, the following are expected of each individual employee:

(1) To maintain a professional demeanor. Each Kent state university employee will exhibit a high degree of maturity and self-respect and foster an appreciation for other cultures, one's own cultural background, as well as the cultural matrix from which Kent state university exists. Also, each will adhere to the lawful instructions and orders of their supervisors and other university officials who are performing duties within their official capacities.

(2) To respect the dignity and well being of others. Each employee of Kent state university will demonstrate respect for all campus and external community members. Therefore, to purposely threaten, accost, demean, or to engage in gender, sexual or religious harassment, use vile, obscene or abusive language or exhibit lewd behavior, to be under the influence of alcohol or a drug of abuse while performing employment responsibilities is prohibited. Also, to be involved in the possession, use, distribution of and sale of illegal drugs is strictly prohibited. Deadly weapons, unless authorized by law, are also strictly prohibited.

(3) To respect and safeguard the rights and property of others, and to better provide for the safety and security of each person, each employee of Kent state university will be subject to all applicable local, state and federal laws and to all applicable provisions listed as part of university policy register. Therefore, individuals found in violation of local, state, federal laws or university policies are subject to disciplinary action which could include dismissal from the university.

(4) To prohibit discrimination, while respecting the differences in people, ideas, and opinions. Each employee of Kent state university will support equal rights and opportunities for all.

(5) To practice personal and professional integrity, and to discourage all forms of dishonesty, deceit, and noncompliance to the code of conduct.

Last updated September 2, 2025 at 2:26 PM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.6 Administrative policy regarding payment of stipend for moving expenses of newly hired employees.

(A) Policy statement. In an effort to recruit highly qualified employees to join Kent state university, the university may offer candidates a stipend to defray the costs of relocation. A one-time stipend for moving expenses is shall be permissible when it is deemed necessary in order to negotiate a satisfactory offer of appointment for senior level administrative positions, faculty positions or athletic coaches. In order to ensure equity and judicious use of university resources, this rule is intended to set forth consistent and appropriate guidelines for approving the payment of moving expenses for newly-hired faculty and staff members.

(B) Eligibility. A newly-appointed faculty or staff member may be eligible for a one-time stipend if accepting a full-time position at the university requires that person to move their household more than fifty miles. The appointing authority shall determine when appropriate and must include the amount of the stipend in the appointment offer letter or employment agreement form.

(C) Determination of amount. The amount of the stipend shall be determined by the appointing authority in consultation with human resources. The stipend shall not exceed one month's wages and is subject to the availability of funds under the control of the appointing authority. In rare instances, circumstances may dictate a higher stipend which should be approved by the senior vice president for finance and administration.

(D) Method of payment. The stipend shall be processed as a lump sum payment with the employee's regular payroll and shall be taxed in accordance with IRS regulations at the current supplemental rate.

(E) Recovery of payment. If the newly-hired individual leaves university employment before one year of service, the employee shall be responsible for remitting to the university one-half of the value of the stipend paid under this rule through a deduction from that individual's final paycheck. It is the responsibility of the appointing authority to ensure recovery of payments under this paragraph.

History

  • Effective: June 3, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.7 Administrative policy and procedures regarding computation of non-hourly pay for employment beginning and ending at times other than regular appointment periods.

(A) Purpose. The purpose of this rule is to provide a standardized method for computing the initial or final salary payments to non-hourly employees who begin or leave university employment for any reason at times other than the regular beginning or ending date of their appointment period.

(B) Criteria. For the purpose of this rule only:

(1) An appointment for fall and spring semesters, also known as a "nine-month contract," whether on a temporary or a continuing basis, shall be considered to contain nine full pay periods.

(2) An appointment for one calendar year, also known as a "twelve-month contract," whether on a temporary or a continuing basis, shall be considered to contain twelve full pay periods.

(3) An appointment known as a "ten-month contract," whether on a temporary or a continuing basis shall be considered to contain ten full pay periods.

(4) An appointment for one fall or one spring semester shall be considered to contain four full pay periods.

(5) An appointment for one spring semester shall be considered to contain five full pay periods.

(6) The number of workdays to be considered as contained in appointments indicated in paragraphs (B)(1) to (B)(5) of this rule shall be the actual number of workdays specified in the employment calendars which begin and end on the dates of the respective normal contract period.

(C) Operational procedure.

(1) When a non-hourly employee begins employment after the regular starting date for his or her respective type of appointment, and at other than the beginning of the appropriate pay period, his or her first salary payment shall be determined using the regular appointment dates as a base upon which an amount representing the actual number of workdays completed shall be calculated. The remaining salary payments shall be evenly distributed among the remaining pay dates in the appointment period.

(2) When a non-hourly employee leaves university employment at other than the end of his or her appointment period, the gross earnings amount of the final salary payment owed to the employee shall be the difference between salary calculated on actual workdays completed in the appointment period and the compensation which the employee has already received during the appointment period.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.8 Administrative policy regarding travel.

(A) Purpose. The university recognizes that travel is required in order to fulfill its mission and objectives. This policy establishes the framework for the university's travel regulations, the procedures for which are documented in the university travel manual.

(B) Definitions.

(1) "University business travel" for the purposes of this policy means travel that is undertaken to fulfill the university's mission and objectives. It includes movement from home or the primary work location to another destination and return to home or the primary work location. University business travel does not include the commute between an employee's home and primary work location.

(2) "University approved travel services provider" for the purposes of this policy means any vendor that the university has sourced, negotiated, and contracted through procurement to manage travel arrangements.

(3) "Travel expenses" for the purposes of this policy includes any travel-related expenses paid directly to a vendor by the university or reimbursed to a traveler.

(4) "Reimbursement" for the purposes of this policy refers to a payment made by the university to a traveler for expenses incurred while undertaking university business travel.

(5) "Travel services" for the purposes of this policy includes arrangements for air and ground transportation and lodging.

(C) Scope.

(1) This policy applies to all faculty, staff, students, and third parties who undertake university business travel.

(2) This policy applies to all sources of funds expended by the university.

(a) More restrictive travel policies and procedures may be specified by programs, schools, departments, centers or divisions. Restrictions on the payment of travel expenses may not be imposed that conflict with the applicable collective bargaining agreement.

(b) When sponsored program guidelines are more restrictive than this policy, the sponsored program rules apply. Travel expenses that do not conform with both this policy and the sponsored program guidelines will not be expensed to the sponsored program.

(D) Implementation.

(1) Authority and responsibility.

(a) All travel must be preauthorized by the traveler's department.

(b) All travel services must be purchased from a university approved travel services provider when one exists.

(c) Travelers must submit reimbursement requests within sixty days of incurring the expenses and no later than their last dates of employment with the university.

(d) Travel expenses must be supported with both statements of business purpose and itemized receipts or invoices that have been provided by the vendor for the services or products. Credit card statements or vouchers do not constitute "receipts" or "invoices."

(e) Departmental approvers are responsible for reviewing travel expenses to ensure policy compliance, accuracy, reasonableness, and proper documentation. Approvers are required to deny travel expenses that do not meet these standards.

(f) Principal investigators and others traveling on sponsored funds are to be familiar with the allowable cost provisions of their sponsored programs.

(2) University travel manual. All travel guidelines and procedures, including those governing travel expenses and university approved travel service providers, are in the university travel manual. The manual is located on the accounts payable website.

(3) Travel advances. Advances for a group or student travel must be authorized by the senior vice president for finance and administration. Advances of university funds for individual travel purposes are not permitted (exceptions to this rule are addressed in the university travel manual.)

(4) All payments issued for travel advances and reimbursements will be issued via ACH (direct deposit.)

(5) The university may designate third-party or procurement-contracted travel agencies as its exclusive travel agents. In such cases, university travelers must comply with the terms of the agreements with the travel agencies.

(6) Spousal and domestic partner travel. Travel expenses for an employee's spouse or domestic partner may be reimbursed if the spouse or domestic partner has a significant role in the proceedings or is involved in fundraising activities and the activities constitute a valid business purpose. Spousal and domestic partner travel expenses require approval of the president or the president's designee on a case by case basis.

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(7) Exceptions. Exceptions to the rules set forth in this policy may be granted by the appropriate executive officer. Approval delegees are allowable provided they meet the requirements as defined in rule 3342-5-04.1 of the Administrative Code.

(E) Violations. When a traveler fails to follow this policy or the procedures in the university travel manual, the university may refuse to issue direct payment or reimbursement for related travel purchases.

Last updated June 17, 2024 at 8:49 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.9 Administrative policy regarding reporting and investigating fraud and fiscal abuse.

(A) The university has responsibility for the stewardship of university resources and the public and private support that enables it to pursue its mission. It is, therefore, committed to the highest standards of fiscal responsibility to establish an environment that assures institutional assets are properly accounted for and safeguarded from loss, abuse or misuse. This policy is established to communicate the methods for members of the university community to report actual or suspected fraud or fiscal abuse and the process to be followed for investigating a report. It is also intended to protect individuals who engage in good faith disclosure of a suspected violation.

(B) Definitions.

(1) Fraud. For purposes of this policy is defined as:

(a) An intentional or deliberate act depriving the university or an individual of something of value, or

(b) Gaining an unfair personal benefit by using deception, false suggestions, suppression of truth, or other unfair means which are believed and relied upon.

(2) Fraudulent activity may include but is not limited to:

(a) Misrepresentation of material facts;

(b) Concealment of material facts;

(c) Bribery;

(d) Conflicts of Interest;

(e) Theft or misappropriation of money or property;

(f) Theft of trade secrets or intellectual property; and

(g) Breach of fiduciary duty.

(3) Fiscal abuse. Intentional practices that cause unnecessary loss of institutional assets. Fiscal abuse is similar to fraudulent activity in that typically unfair personal benefit is gained. Examples of fiscal abuse are improper handling or reporting of financial transactions, and the inappropriate use of university benefits, e.g., authorizing or receiving compensation for hours not worked.

(4) Waste. Spending money or using resources for goods or services in excess of actual need. Waste does not necessarily produce a benefit for the individual but is an act of poor management of funds.

(5) Protected disclosure. The reporting of an actual or suspected fraud or fiscal abuse by a university employee, volunteer, agent, or contractor based on a good faith and reasonable belief that the conduct has both occurred and is wrongful under applicable laws and/or university policy. Individuals who self-report cannot seek protection from disciplinary measures by self-reporting.

(6) Retaliation. An adverse action against an individual because he or she made a protected disclosure or participated in an investigation, proceeding or hearing involving a protected disclosure.

(C) Exclusions. This policy is not intended to conflict with or replace existing policies addressing academic matters or conduct issues involving students, academic research misconduct, and grievances of nonteaching unclassified and classified staff.

(D) Duties and responsibilities.

(1) All executive officers and administrative employees with supervisory duties are responsible for setting the appropriate tone of intolerance for fraud and fiscal abuse by displaying the proper attitude toward complying with laws, rules, regulations, and policies, including ethics policies. In addition, these individuals should be cognizant of the risks and exposures inherent in their area of responsibility and should establish and maintain proper internal controls that provide for the security and accountability of the resources entrusted to them.

(2) Pursuant to section 124.341 of the Revised Code, if a state employee becomes aware in the course of his/her employment of a violation of state or federal statutes, rules, or regulations or the misuse of public resources, and the employee's supervisor has the authority to correct the violation or misuse, the employee may file a written report identifying the violation or misuse with his/her supervisor.

(3) An individual making a protected disclosure concerning a suspected violation must be acting in good faith and have reasonable grounds for believing that the disclosed information indicates a violation as described in this policy.

(E) Reporting procedures.

(1) Fraud or fiscal abuse. Employees are encouraged to first share actual or suspected fraud or fiscal abuse with their supervisors or another appropriate university official. If this is not deemed a viable option or if an individual believes his or her concerns have not been addressed after they were reported, reports may be communicated to:

(a) The office of internal audit at (330) 672-8617; or

(b) The university's reporting line can be accessed 24/7 at 1-800-683-5621.

(2) Reporting actual or suspected fraud or fiscal abuse directly to the office of internal audit enables assessment of the claim and possibly escalate the claim to KSU police services for investigation.

(3) Protected disclosures and investigatory records shall be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation, and in accordance with section 149.43 of the Revised Code, the Ohio public records act.

(4) Notwithstanding any of the foregoing, every employee has the right to report instances of fraud and fiscal abuse to the office of the Ohio inspector general at 1-800-686-1525.

(5) Waste. Individuals should report all actual or suspected waste of university resources directly to their supervisors or other appropriate university officials. The university's reporting line does not support reports of this type.

(F) Investigation.

(1) The director of internal audit has the primary responsibility to conduct a preliminary review of every report of fraud or fiscal abuse. The director of internal audit shall recommend a formal investigation be conducted by the appropriate KSU offices if the preliminary review establishes that the allegation constitutes a possible fraud or fiscal abuse and it is supported by specific information or corroborating evidence.

(2) When an investigation is recommended following the preliminary review, the appropriate KSU offices (finance and administration, internal audit, the university counsel, human resources and/or the provost) shall jointly determine if and how the formal investigation should proceed. In the event an allegation is reported against any of the investigative units, such unit shall not participate in the investigation or any decisions concerning the investigation. Other persons or departments may be requested to join an investigation based on their areas of responsibility or expertise. Decisions to involve KSU police services or refer the allegation to the appropriate law enforcement and/or regulatory agencies for independent investigation will be made jointly by those responsible for the investigation, as will the final decision on the disposition of the case.

(3) All affected departments and/or individuals shall cooperate fully with those performing the review or investigation. Efforts will be made to perform all investigations discreetly. The details of the investigation shall be kept confidential, to the extent feasible, and consistent with university policies, collective bargaining agreements and applicable federal, state, and local laws.

(4) If an investigation conducted by the office of internal audit substantiates that an act of fraud or fiscal abuse has occurred, the office of internal audit shall issue a report to the appropriate appointing authority, and other personnel as appropriate.

(5) False allegation. Any employee who knowingly or with reckless disregard for the truth gives false information or knowingly makes a false report of fraud or fiscal abuse, or a subsequent false report of retaliation is subject to disciplinary action or sanction up to and including termination in accordance with university procedures and/or a collective bargaining agreement if applicable.

(G) Retaliation.

(1) Employees who, in good faith, report unlawful activity are protected from retaliation by section 124.341 of the Revised Code, including, without limitation, any of the following:

(a) Removing or suspending the employee from employment;

(b) Withholding from the employee salary increases or employee benefits to which the employee is otherwise entitled;

(c) Transferring or reassigning the employee;

(d) Denying the employee promotion that otherwise would have been received; or

(e) Reducing the employee in pay or position.

History

  • Effective: March 15, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.10 Administrative policy and procedures regarding general business expenditures and university equipment.

(A) Purpose. As a major public institution, Kent state university is held to a high level of accountability for its business practices. Stakeholders, including students, taxpayers, alumni, the state of Ohio and the federal government, have an interest in how the university spends public funds. Accordingly, every reasonable effort must be made to ensure that funds are used in a responsible, prudent, and appropriate manner. This rule focuses on certain types of expenses and provides examples of expenses that are not permitted.

(B) Definitions.

(1) University purchase. Expenditures of university funds for goods and services, and as further defined in this chapter of the Administrative Code including, but not limited to, rules 3342-7-02.16, 3342-7-12, and 3342-7-12.1 of the Administrative Code.

(2) Entertainment expense. An expenditure, primarily for food or refreshments, relating to entertainment when the purpose is fundraising, promotion of the university or entertainment for guests of the university, and as further defined in rule 3342-7-02.5 of the Administrative Code.

(3) Certifications. Signify an individual has met all the requirements of a particular standard or law, typically through passage of a written examination, and as further defined in rule 3342-7-02.5 of the Administrative Code.

(4) Contributions and gifts. Includes donations, financial assistance, equipment and supplies purchased with university funds, items given to international guests, and honorariums.

(5) Awards and prizes. Cash, cash equivalents, and non-cash items given in recognition of significant outstanding performance, and as further defined in rule 3342-7-02.14 of the Administrative Code.

(6) Moving expenses. Expenditures associated with moving the household goods of a qualifying newly hired faculty or senior level administrator.

(C) Implementation.

(1) The vice presidents in the president's cabinet and colleges and regional campus deans are responsible for assuring that within their administrative units or colleges/schools:

(a) Proposed expenditures are consistent with all university policies and federal and state regulations, regardless of the source of funds, unless specifically exempted by an external agency, grantor, or donor;

(b) Expenditures are necessary to the accomplishment of university business, meaning that, without the expenditures, programmatic objectives would be difficult or otherwise more costly to achieve, or that the impact, level or quality of the achievement of these objectives would be reduced;

(c) Expenditures are reasonable, meaning the quality and quantity of the goods or services are sufficient to meet, but not exceed the identified need;

(d) Expenditures are within approved budgets of the units or colleges/schools;

(e) Expenditure documents are retained according to the university record retention policy and are available for audit; and

(f) Reimbursements have been properly approved according to the departmental approval hierarchy.

(2) All transactions are subject to appropriate review by the Kent state university office of internal audit, the university's external auditors, and other reviewing agencies in order to test for compliance with university policies and procedures, state, federal and local laws, and regulations and constraints imposed by agencies and donors.

History

  • Effective: December 3, 2018
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.16

(A) Purpose. Usage of purchasing cards (pcards) reduces the paperwork generated for purchases and facilitates more timely payments to vendors, thus streamlining the purchasing and payment process. This policy provides the framework for the university pcard program, the procedures for which are documented in the university pcard manual.

(B) Definitions. "Pcard" for the purpose of this policy means a purchasing card issued by the university's exclusive credit card provider, to be used only for business expenditures that are allowable under the university purchasing policy, as provided in rule 3342-7-12.1 of the Administrative Code.

(C) Implementation.

(1) Program administration and roles. The division of finance and administration is responsible for the administration of the pcard program. Program oversight and compliance roles are assigned to the following departments and groups.

(a) Accounts payable provides functional oversight and management of the pcard program. One or more staff members, acting as pcard administrators, are responsible for the day-to-day management of the program. Pcard administrator responsibilities include serving as the point of contact between the university and the credit card issuing bank, card user training, card issuance and cancellation, the enforcement of the card user responsibility as defined in the university pcard manual, maintaining the pcard manual and ensuring that all pcard transactions are entered into the university's financial records.

(b) Procurement reviews buying patterns and analyzes pcard usage data to ensure compliance with purchasing policy and identify opportunities for price negotiation or the solicitation of bids.

(c) All transactions are subject to appropriate review by the Kent state university office of internal audit, the university's external auditors, and other reviewing agencies in order to test for compliance with university policies and procedures; federal, state and local laws; and regulations and constraints imposed by agencies and donors.

(d) Card users include pcard holders, transaction reconcilers and transaction approvers. Individuals serving as card users must be university employees with continuing assignments. Card user responsibilities are described in the pcard manual.

(2) Restrictions on use.

(a) Pcards are subject to certain restrictions, such as those on transaction dollar amount, vendor merchant category code (MCC), and purchase types. These limitations are established at card issuance and serve to ensure policy compliance and maintain financial controls. A comprehensive list of pcard restrictions is maintained in the pcard manual.

(b) Pcards may not be used to make personal purchases or for cash advances.

(3) University pcard manual. All procedures and pcard program information, including descriptions of card user roles and responsibilities, are located in the university pcard manual. The manual is located on the accounts payable website.

(4) The pcard is the only credit card to be obtained on behalf of the university for departmental purchases.

(D) Violations. Violations of the pcard policy or procedure may result in the individual being required to reimburse the university for inappropriate charges and may result in disciplinary action as established in the conduct and discipline section of the employee resource manual pursuant to the employee code of conduct provided for in rule 3342-6-01 of the Administrative Code.

History

  • Effective: November 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-12

(A) Purpose. As part of its fiduciary responsibility, the board of trustees has responsibility and authority over all procurement activity at Kent state university. The purpose of this policy is to establish approval authority for agreements to purchase goods and/or services excluding capital construction projects, which are provided for in rule 3342-7-04 of the Administrative Code. This policy also provides guidance regarding reports of purchasing activity to be provided to the board of trustees.

(B) Definitions.

(1) Agreement to purchase goods and/or services. Agreement to purchase goods and/or services shall mean, for the purposes of this policy, a binding agreement to acquire goods and/or services from a specific vendor under specified terms and at a set price.

(2) Vendor. Vendor shall mean, for the purposes of this policy, an organization or individual intending to provide goods and/or services to the university in exchange for a fee.

(C) Scope. This policy applies to anyone engaging in university purchasing activity excluding capital construction projects.

(D) Procedure for approving agreements to purchase goods and/or services.

(1) Agreements to purchase goods in excess of twenty-five thousand dollars or services in excess of fifty thousand dollars require a formal bidding process that is coordinated through the procurement department. Details including exceptions to this requirement are provided in rule 3342-7-12.1 of the Administrative Code.

(2) A single agreement to purchase goods in excess of twenty-five thousand dollars or services in excess of fifty thousand dollars either of which has an estimated total cost of less than one hundred thousand dollars shall be approved by the director of procurement prior to awarding a contract or other commitment to purchase. This represents the minimal approval required and management is not precluded from adopting more stringent approval requirements at the divisional level.

(3) A single agreement to purchase goods and/or services with an estimated total cost of one hundred thousand dollars or more shall be approved by the vice president of the division making the purchase and the senior vice president for finance and administration prior to awarding a contract or other commitment to purchase. The authority under this paragraph is non-delegable.

(4) Any single agreement to purchase goods and/or services with an estimated total cost of one million dollars or more including the initial term and any optional renewals shall be approved by the board of trustees prior to awarding a contract or other commitment to purchase.

(a) The board of trustees meets periodically and any purchase under this paragraph must be presented to the board of trustees at a regularly scheduled meeting.

(b) Only when it is determined by the president that time is of the essence, a proposed agreement to purchase goods and/or services with a total cost of one million dollars or more may be jointly approved by the president, the chairperson of the finance and administration committee of the board of trustees, and the chairperson of the board of trustees. Any agreement to purchase goods and/or services that is approved in this manner shall be presented and discussed with the full board of trustees at the next regularly scheduled meeting.

(E) Procedure for reporting purchasing activity to the board of trustees.

The director of procurement shall provide to the senior vice president for finance and administration, the president, and the board of trustees for each regularly scheduled meeting of the board of trustees a report of all vendors for whom year-to-date purchases in aggregate have reached or exceeded five hundred thousand dollars. This report shall be a component of the regular financial report package provided to the board of trustees.

(F) Policy implementation.

The implementation of this policy shall be the responsibility of the university administration. The office of the senior vice president for finance and administration shall establish such administrative policies and procedures as are necessary for the systematic and orderly implementation of this policy.

Last updated April 27, 2026 at 7:39 AM

History

  • Effective: April 26, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-12.1

(A) Policy purpose. Kent state university has established this policy as a means to facilitate its purchasing of goods and/or services excluding capital construction projects, which are provided for in rule 3342-7-04 of the Administrative Code.

(B) Definitions.

(1) Agreement to purchase goods and/or services. For the purposes of this policy, "agreement to purchase goods and/or services" shall mean a binding agreement (inclusive of purchase orders and contracts) to acquire goods and/or services from a specific vendor under specified terms and at a set price.

(2) Cost."Cost" shall mean, for the purposes of this policy, all payments from the university to a vendor pursuant to an agreement to purchase goods and/or services for the term of the agreement including any charges or payments that the vendor will pass through to a third party as part of the agreement with the exception of US postage passed through at official USPS rates.

(3) Purchasing activities. For the purposes of this policy, "purchasing activities" shall mean any actions resulting in the acquisition of goods and/or services, excluding construction projects, in exchange for a fee or some other form of consideration.

(4) Supplier or vendor. The terms "supplier" and "vendor" may be used interchangeably and shall mean, for the purposes of this policy, an organization or individual intending to provide goods and/or services to the university in exchange for consideration.

(C) Scope and eligibility.

(1) This policy applies to anyone engaging in university purchasing activities excluding capital construction projects.

(2) All university purchasing activities shall be administered through the procurement department as authorized by the senior vice president for finance and administration. The procurement department has been assigned the following primary responsibilities related to purchasing:

(a) Coordinating the purchase of goods and/or services required by the requisitioning department, as economically as possible and consistent with desired quality using principles of value analysis;

(b) Administering required competitive bidding processes including, but not limited to, approving or denying requests for waiver of competitive bidding and obtaining completed security questionnaires, where applicable, from potential vendors;

(c) Establishing vendor contracts for purchase of goods and/or services as well as rental or lease of equipment with review by university counsel prior to execution of contracts;

(d) Participating in inter-university council contracts, state of Ohio term contracts, other universities' contracts, or other joint/group purchasing contracts when such contracts resulted from competitive bidding that met state requirements and university policy and when it has been determined to be in the university's best interest to do so;

(e) Providing guidance and information to the university community regarding mandatory use of university contracts and monitoring adherence to this requirement;

(f) Generating purchase orders and authorizing change orders for goods and/or services;

(g) Recommending standard specifications for equipment and materials of common use throughout the university;

(h) Encouraging participation of diverse suppliers in all university purchase agreements;

(i) Monitoring the use of the university purchasing card (p-card) program as per rule 3342-7-02.16 of the Administrative Code;

(j) Performing the purchasing function in compliance with applicable state and federal regulations, laws, and guidelines and university policies including maintaining current language in requests for proposal and purchase orders regarding vendor requirements.

(D) Procedure and implementation.

(1) Authority. No individual has the authority to enter into purchase contracts or to obligate the university to any agreements other than those individuals who have been properly delegated authority as per rules 3342-5-04 and 3342-5-04.1 of the Administrative Code or as otherwise provided for in the Administrative Code.

(2) Mandatory use of university contracts. All purchases of goods and/or services for which there is an existing university contract with one or more preferred vendor(s) must be made from those vendors. This rule applies regardless of the payment method used as further provided in paragraph (D)(7) of this rule.

(3) Approvals required. The required approval levels for an agreement to purchase goods and/or services are based on the cost of the agreement as defined in paragraph (B)(2) of this policy. Approval levels are specified in paragraphs (D)(1) to (D)(4) of rule 3342-7-12 of the Administrative Code. For agreements that require approval by the board of trustees, the procurement department will provide the requisitioning department with due dates for submitting information prior to each regularly scheduled meeting of the board of trustees. The procurement department will coordinate the purchasing activity to meet the dates established. The requisitioning department will be responsible to notify the procurement department if plans change that impact the need to seek approval of the board of trustees for a purchase agreement. This would include changes to the anticipated dollar amount of the agreement and/or changes to the timeline for approval.

(4) Approval routing for payments under the required approval thresholds as defined in paragraph (D)(3) of this policy have been established by the university's epayables application.

(5) Procurement transactions related to sponsored programs. Special procurement requirements often apply to purchasing transactions under a federal award or other sponsored program. In cases where the terms of the grant or contract are more restrictive than the university's policy, those terms shall govern. In cases where the limitations imposed are less restrictive, the university's policy shall apply.

(6) Purchases requiring purchase orders. Any purchase of goods with a cost of five thousand dollars or more or services with a cost of fifty thousand dollars or more requires a purchase order issued by the procurement department utilizing an e-procurement system. This requirement shall not be circumvented by splitting a transaction into multiple smaller transactions.

(7) Competitive bidding requirements.

(a) Conditions requiring competitive bidding. Agreements to purchase or lease goods when the value is twenty-five thousand dollars or more, or services when the value is fifty thousand dollars or more shall be awarded to the vendor offering the best overall value pursuant to competitive bidding procedures established by the procurement department. This requirement shall not be circumvented by the purchaser by splitting a transaction into multiple smaller transactions. The dollar limits are for any single supplier in aggregate for all purchases of similar goods and/or services for the entire university in any fiscal year where it is possible to identify such purchases in advance. If not identified until after the fact that aggregate purchases from a single supplier during a fiscal year have reached the dollar limits requiring competitive bidding, future purchases from the same supplier will not be made until competitive bidding has been conducted. This subsequent competitive bidding will be required only if it is likely that future purchases of similar goods and/or services from that supplier within the fiscal year will again exceed established dollar limits. Competitive quotations may also be solicited by the procurement department for purchases below the established limits whenever doing so would best serve the interests of the university.

(b) Administration of competitive bidding. Formal quotations and/or proposals for all purchases that require competitive bidding will be obtained by the procurement department through a request for proposal (RFP) or request for quotation (RFQ) based on written descriptions or specifications provided by the requisitioning department. Informal quotes below competitive bidding limits are encouraged and may be obtained by the requisitioning department.

(c) Solicitation of bids. Any purchase or lease of goods and/or services that requires competitive bidding will be advertised in a way that is most beneficial to the university while satisfying requirements of competitive bidding.

(d) The acceptable minimum number of responsive and responsible bids the university will receive to satisfy the requirements for any single competitive request for proposal (RFP) process shall be one. While more than one responsive and responsible bid for any single competitive RFP process is desired and preferred, it may not always be possible. In accordance with established procedures, that single bid will be given a fair and objective evaluation. Should that bid be determined satisfactory to the requesting department's needs, then steps will be taken to award the RFP to that vendor and begin the contracting process. Should that bid be determined unsatisfactory to the requesting department's needs, the bidder will be advised that the offer is unsatisfactory and the RFP canceled and reissued later with modified specifications in an effort to obtain at least one responsive, responsible and satisfactory bid.

(e) Vendor selection. The vendor selected as a result of a competitive bidding process shall be the vendor determined to offer the best overall value taking into consideration all factors identified in the specifications of the bid solicitation.

(f) Notification of vendor selection. The vendor selected and all other vendors responding to a bid solicitation shall be notified in a timely fashion of the selection pending approval by the board of trustees (where applicable) and execution of a contract. In cases requiring approval of the board of trustees, contract terms may be negotiated pending the approval, however such negotiation shall not revise or otherwise materially change or alter the specifications provided for in the bid documents and/or response. The resultant contract will be executed only after all appropriate approvals have been secured pursuant to rule 3342-7-12 of the Administrative Code.

(g) Waiver of competitive bidding. Competitive bidding requirements may be waived for the purchase or lease of goods and/or services with the approval of procurement and the senior vice president for finance and administration under limited circumstances. Such waiver is limited to the following purposes:

(i) Emergency situation. Whenever the board of trustees, the president, or the respective vice president has determined that an emergency situation exists requiring such action.

(ii) Sole source supplier. Whenever it is impossible or unreasonable in the judgment of the director of procurement to obtain more than one bid for comparable goods and/or services because the goods and/or services are obtainable only from one source (evidence of which must be provided by the requesting division). Justification provided by the requesting division must specify essential features provided by the sole source supplier that other suppliers of similar goods and/or services do not have. Mere preference for a vendor, product, or service is not a sufficient basis for a sole source exception. Such requests may also require a written statement from the supplier certifying that its quoted price is equal to or less than that given to its most favored customers or other governmental entities.

(iii) Economic reasons. Whenever it is determined that the use of another supplier would result in incompatibility with existing conditions; require considerable training, time, and money to implement; the goods and/or services are an integral component of an ongoing long-term project; the goods and/or services offered are at a substantial discount below current market conditions and price structures; or the item is used (previously owned) and the price is confirmed to be less than the current price for a comparable new item.

(iv) Established contracts or agreements. Whenever existing federal, state, inter-university council, or other group purchasing organization agreements or contracts from other state of Ohio universities are used as a source for establishing prices where, in the discretion of the director of procurement, such bidding process utilized by the entity is consistent with the minimum protections required by university policy and state and federal law. Any such contracts must have resulted from competitive bidding that adhered to state requirements and university policy.

(h) Exceptions to competitive bidding requirements. Certain purchases do not lend themselves to the competitive bid process or the competitive bid is run by a state authority such as auditor of state for annual financial audit provider. Prior to entering into an agreement with a supplier for purchases of these types, the requisitioning department may consult with the procurement department to review terms and conditions. The procurement department will assist in the final negotiations to ensure compliance with university and regulatory requirements. In general, the following do not require competitive bidding:

(i) Temporary staffing (except where the cost of a single staffing engagement is fifty thousand dollars or more);

(ii) Legal services;

(iii) Annual year-end financial audit services;

(iv) Real estate or investments and associated fees;

(v) Regulated utilities;

(vi) Publishers (books, periodicals, and other published materials) (This exception does not include distributors of published materials.);

(vii) Entertainment providers;

(viii) Dues or fees for institutional membership in an organization or association;

(ix) Tickets for passenger air transportation;

(x) Public notifications required by law or to provide notification of job openings;

(xi) Postage purchased from the US postal service or through a vendor at official USPS rates;

(xii) Purchases from state agencies or other state-assisted institutions of higher education.

(8) Payment options.

(a) Payments based on vendor invoice. Payment for goods and/or services requisitioned by purchase order shall be paid by check, ACH, wire transfer, or other approved electronic or credit-based payment method pursuant to submission of a vendor invoice in the epayables application. The submission of the invoice indicates the goods and/or services purchased have been satisfactorily received.

(b) Other payments via check, ACH, wire transfer, or other approved electronic or credit-based payment method. Payment for any purchase of goods with a total cost of less than five thousand dollars that for any reason cannot be accomplished via use of the purchasing card (p-card) or services with a cost of less than fifty thousand dollars may be accomplished via submission of the invoice in the epayables application.

(c) Payments via purchasing card (p-card). Any purchase with a cost of less than five thousand dollars and not restricted by other university policy may be transacted using the university's p-card including transactions initiated through a purchase order. (The does not supersede the requirements for purchase orders as specified in paragraph (D)(4) of this rule.) The dollar limit for p-card purchases shall not be circumvented by splitting a transaction into multiple smaller transactions. Specific information applicable to obtaining and proper use of the p-card is available on the accounts payable website and is governed by rule 3342-7-02.16 of the Administrative Code.

(9) Minimum requirements for vendors.

(a) Equal employment opportunity requirement. Kent state university requires that all suppliers, in bidding and/or filling a purchase order, agree not to discriminate against any employee or applicant for employment with respect to hiring and tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, gender, age, sexual orientation, national origin, disability, or identity as a disabled veteran or veteran of the Vietnam era to the extent required by law. The supplier must further agree that every subcontract for a given order will contain a provision requiring nondiscrimination in employment, as herein specified.

(b) Buy Ohio. Division (B) of section 125.11 of the Revised Code requires state agencies and universities to give preference in their purchasing activities to vendors whose products are produced, mined, etc. in Ohio or to suppliers that qualify as having a significant Ohio economic presence. This requirement may be waived when compliance would result in the university paying an excessive price for the product or acquiring a disproportionately inferior product.

(c) Buy America. Division (B) of section 125.11 of the Revised Code requires state agencies and universities to give preference in their purchasing activities to vendors whose products are produced, mined, etc. in the United States. This requirement may be waived when a determination has been made that the products to be purchased are not produced, mined, etc. in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality.

(d) Other state and federal legal requirements. All vendors transacting any form of business with Kent state university shall comply with all state and federal laws and shall not be banned from doing business with the federal government thus identified on a federal list of debarred or excluded suppliers.

(e) Kent state university is committed to procurement practices that comply with section 125.081 of the Revised Code. In accordance with this provision, the university aims to allocate a portion of its eligible purchases for competition among state-certified suppliers as designated by applicable law. All departments are expected to include qualified suppliers in bidding and quoting opportunities wherever feasible.

(f) Data security. Vendors who will have access to data by virtue of a university agreement to purchase goods and/or services shall comply with requirements as established by the Kent state university division of information services. These requirements include, but are not limited to, providing relevant attestations, completing data security questionnaires, and complying with Kent state university data security policies and procedures.

(g) Tax exemption. The university is exempt from paying Ohio sales tax (and other recognized states). The tax exemption certificate can be found on the procurement department website. All agreements must comply with this provision where appropriate.

(h) Ohio compliance requirements. All vendors doing business with the university shall, as a condition of agreement, confirm compliance with certain Ohio provisions which may be in effect from time to time and required by the university procurement office.

(10) Ethical issues related to purchasing. Regardless of purchasing method used, the procurement department adheres to a strong code of ethics when dealing with the university's supplier community. In order to create an atmosphere of mutual respect, it is the university's intent to establish open communications with the university's suppliers. As a result, Kent state university subscribes to the following:

(a) Personal purchases. No personal purchases are permitted to be made, either via purchase order, payment request, or university purchasing card (p-card) regardless of intent to reimburse the university. In addition, no employee may use the university's name or present him/herself as an agent of the university when making personal purchases.

(b) Conflict of interest. Conflict of interest arising out of university employment is governed by university policy and Ohio law. State employees are prohibited from using their university positions to advance their private interests, financial or otherwise. Employees must follow the rules set forth in Chapter 102. of the Revised Code relating to private interest in a public contract as well as paragraphs (D)(3) and (D)(4) of rule 3342-5-04.1 and rule 3342-6-23 of the Administrative Code.

(c) It is prohibitive for any university employee to accept any gratuities, premiums, or other incentives.

(E) Violation. Any person who violates this policy by making unauthorized purchases through use of the university's name and funds may be personally liable for that purchase and may be subject to disciplinary actions up to and including termination.

Last updated April 27, 2026 at 7:40 AM

History

  • Effective: April 26, 2026
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.14

(A) Policy statement. Awards and prizes may be conferred to an employee only if awarded through:

(1) A documented program developed, communicated, and implemented by the appropriate executive officer; or

(2) A sanctioned university-wide or divisional program established for recognition of employees.

(3) Approval delegees are allowable provided they meet the requirements as defined in rule 3342-5-04.1 of the Administrative Code.

(B) Implementation.

(1) Cash awards and prizes.

All cash and cash equivalent awards and prizes must be processed on a personnel action form for proper income and tax reporting purposes in the calendar year in which they are conferred to the employee.

(2) Non-cash awards and prizes.

(a) All non-cash awards and prizes with a value greater than twenty-five dollars must be processed on a personnel action form for proper income and tax reporting in the calendar year in which they are conferred to the employee. The greater-than-twenty-five-dollar-limit applies to the total of all non-cash awards and prizes conferred to an employee in a calendar year. They are considered taxable to the employee unless they qualify as one of the following exceptions:

(i) De minimis awards.

De minimis awards may only be granted on an occasional basis and must have a value less than or equal to 25 dollars. De minimis awards are awards that are so small that accounting for them would be unreasonable or administratively impracticable.

(ii) Safety awards.

To qualify as a safety award, the following criteria must be met:

(a) Excluding de minimis awards, not more than ten per cent of all employees may be entitled to this safety award.

(b) Managers, professional, administrative, and clerical employees are not eligible for safety awards.

(c) The employee must work full-time with at least one year of service.

Last updated June 17, 2024 at 8:50 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.12 Administrative policy regarding memberships and certifications.

Policy statement. Using university funds for individual professional memberships and certifications is generally not permissible.

(A) Under certain circumstances, as described in paragraph (A)(2) of this rule, university funds may be used for individual memberships for professional organizations. The purpose for the individual membership must be documented and with the exception of paragraph (2)(c) of this rule approved by the appropriate executive officer. Approval delegees are allowable provided they meet the requirements as defined in rule 3342-5-04.1 of the Administrative Code..

(B) A payment for an individual membership must meet the following guidelines:

(1) It is essential for the university to be represented in the organization and an institutional or corporate membership is not offered by the organization; or

(2) Membership in the organization is required per the employee's job description; or

(3) Membership in the organization is essential to the research responsibilities of faculty.

Last updated June 17, 2024 at 8:50 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.13 Administrative policy regarding contributions and gifts.

(A) Policy statement. The purpose of this rule is to provide established standards for issues relative to contributions and gifts both given and received during the course of university business.

(B) Implementation.

(1) Contributions.

(a) Contributions in the form of donations, financial assistance, or equipment and supplies purchased with university funds, should not be made to charitable or other non-profit organizations or to university foundation accounts using university funds. Advertising in publications sponsored by these organizations is acceptable when the advertising is deemed appropriate for promoting the university.

(b) University funds should not be used to purchase tables or individual tickets for events sponsored by charitable or non-profit organizations or by other university departments. Exceptions to this rule may be made for events held for the purpose of honoring or promoting the university or its faculty, staff or students when approved by an executive officer. Approval delegees are allowable provided they meet the requirements as defined in rule 3342-5-04.1 of the Administrative Code.

(2) Gifts.

(a) Expenditures for gifts and personal items are not permitted unless there is an essential business purpose and an exception is granted by the appropriate executive officer. Written justification must be provided with the expense documentation. Approval delegees are allowable provided they meet the requirements as defined in rule 3342-5-04.1 of the Administrative Code.

(i) Acceptable expenditures may include such items as plaques and other similar recognition awards, and customary gifts to international guests of the university.

(ii) Unacceptable expenditures include such items as flowers, greeting cards, holiday decorations, radios, televisions, and parties where the beneficiaries are university employees or employees' dependents.

(b) Approved gifts to employees must be included as taxable income on the employees' W-2 forms in the calendar year in which the gifts are conferred to the employees. An exception is made for de minimis non-cash items when the cost does not exceed twenty-five dollars. Per internal revenue service rules, all cash and cash equivalents (e.g. a gift certificate that could be exchanged for cash) must be reported as taxable income on the employees' W-2 forms, regardless of the amount. A personnel action form must be processed to report the taxable income properly.

(c) Approved gifts (cash and non-cash) to non-employees (e.g. honorariums) must be included as taxable income on the non-employees' 1099 forms regardless of the value.

Last updated June 17, 2024 at 8:50 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.15 Administrative policy regarding provision of cellular devices to university employees.

(A) Purpose. Kent state university recognizes that cellular devices are often necessary and efficient for conducting university business. This policy is designed to allow the university to establish procedures that meet state and federal regulations for the provision of cellular devices to university employees in a manner reflecting best business practices.

(B) Eligible employees. This policy applies to all full-time, part-time, and seasonal employees that must have a cellular device to effectively perform their work. Temporary employees and volunteers are not eligible for services outlined in this policy.

(C) Definitions.

(1) For purposes of this policy, cellular devices are defined as cellular phones, integrated cell phone and email devices (i.e. classified as either smartphones or PDAs) and other electronic access devices (not including pagers and two-way radios).

(2) Legitimate business purpose is defined as frequent use of a cellular device for university work when the employee is away from the office for an extended period of time and communication is required for a business issue that cannot wait until the employee returns to the office.

(3) Emergency university matters are defined as issues that arise unexpectedly and require immediate attention from the employee in order to avoid risk of harm, either physical or financial, to university employees and/or students or costly damage to university property.

(D) Approval process.

(1) Authorization for a university provided cellular device, or a stipend to partially fund a required cellular device shall be approved by the division vice president and/or president, or delegees as defined in rule 3342-5-04.1 of the Administrative Code, by following the procedures identified in paragraph (F) of this rule.. The approval shall be guided by a legitimate business purpose.

(2) Establishment of a legitimate business purpose.

(a) A university employee may obtain a university provided cellular device or or receive a stipend only under the following circumstances:

(i) The employee is responsible for emergency university matters where they must be available or,

(ii) The employee does not have access to a landline phone or other communication device when doing a substantial portion of or the employee's job or,

(iii) Less expensive communication devices do not serve as viable alternatives or,

(iv) The employee's job effectiveness will show a significant increase through the use of a cellular device or,

(v) A group of employees have the need for group or shared devices for purposes such as rotating on-call contact.

(vi) The division vice president and/or the president determines other legitimate business needs that cannot be served by less costly communication devices. Such purpose shall be expressly stated as part of the approval process.

(b) Departments shall consider other viable options such as a landline phone, pager, or other less expensive communication devices when evaluating the need for a cellular device.

(E) Administrative options for providing cellular devices/service to university employees for business purposes are limited to the following:

(1) Personal ownership with university stipend.

(a) Employees authorized to receive a stipend will be paid at a rate determined by the senior vice president for finance and administration which may be dependent on the type of service the employee is required to maintain (standard voice plan v. voice and data plan). The employee selects and contracts for the cellular service and the employee will be required to provide documentation of the plan selected if a higher voice and data plan is requested. Since this will be a personally-owned plan, there are no limitations for the lawful personal usage of the cellular device.

(b) The rates described in this rule are subject to annual review and may be adjusted at any time by the senior vice president for finance and administration based upon changes in business conditions.

(c) The stipend is considered taxable income by the university, will be subject to payroll taxes, and will be included on the employee's W-2 form each year.

Base salaries are not to be adjusted to accommodate reimbursement of additional pay and these amounts will not be included in the calculation of percentage increases to base salaries when calculating annual base salary amounts.

(d) If this option is chosen, the employee is advised that even though the personal usage of the cellular device is allowed, business use of the device which produces a record is subject to all provisions of the Ohio public record laws. This requirement is no different from business records produced by other personally-owned devices, such as computers and land-line phones. Employees are encouraged to be familiar with public records policies contained in rule 3342-5-15.1 of the Administrative Code.

(e) An employee receiving a stipend is required to maintain usage records contained in the cellular provider's billing documents for three months from date of billing.

(2) Discretionary "personal use" of university-owned cellular equipment with reimbursement provided by employee.

(a) Cellular service and equipment is provided to the employee through a university contract.

(b) Usage of the device is restricted to business purposes only except where incidental personal use is unavoidable. The employee is required to certify which calls are for business purposes on a monthly basis by signing a cellular service reimbursement form and attaching the billing document.

(c) Department supervisors are required to review the cellular service reimbursement form and sign to attest that cellular service records are accurate. The employee is required to reimburse the university for all personal usage at a pro rata rate for all calls, messages, data, etc., contained within the "base usage limit" and at the actual costs for all other personal transactions. In addition to the reimbursement costs, each monthly reimbursement shall include an additional ten dollars to help cover administrative handling costs. The handling fee is periodically subject to adjustment by the senior vice president for finance and administration. The supervisor is responsible for ensuring that all payments received are deposited and recorded and for maintaining all cellular records for at least three years.

(3) Additional terms and conditions.

Use of the cellular device in any manner contrary to local, state, or federal laws will constitute misuse, and may result in immediate termination of the provision of cellular device/services under this policy, as well as possible disciplinary action.

(F) Procedures.

(1) Formal approval required. Approval under this policy shall be documented using the cellular device authorization form.

All requests shall be signed by the approved department head and division vice president and/or president. The division vice president and/or president reserves the right to revoke the approval at any time.

(2) Confirmation of device required. The department shall have documentation that proves the employee actually obtained the device (i.e. cellular service plan documentation).

(3) Stipend-specific provisions.

(a) Regardless of when the stipend is established, payments will cease at the end of each fiscal year (June thirtieth)

(b) Department heads shall annually review documentation to ensure that a legitimate business purpose continues to exist and the employee shall submit a new cellular device authorization form before the beginning of each fiscal year in order to continue the additional pay.

(c) Termination of the stpiend is required at such time the legitimate business purpose no longer exists.

(d) The employee may use the cellular device for both business and personal purposes and may, at the employee's own expense, add extra services or equipment features as desired. Because devices are the property of the employee, cellular devices that are lost or damaged are the responsibility of the employee to promptly replace.

(4) Unavoidable business costs associated with non-typical use. Extraordinary cellular charges (such as out of country roaming charges) incurred due to a legitimate business need may be presented with appropriate documentation as reimbursement of travel expenses subject to the approval of the senior vice president for finance and administration.

(5) Cellular devices remaining on university contracts. Some departments have multiple staff sharing a single device for on-call rotations and designated departments have been issued a cellular device in the event of a disaster. For these reasons, a number of shared or group devices will remain available via university contracts. Personal calls or contacts are not to be made to/from these devices.

(6) Grants and contract funds. On all sponsored agreements, grants and contract funds, only devices authorized by the terms of the grant will be allowed.

(a) Personal use of the phone shall be documented and reimbursed to the grant and/or reported to the payroll department for appropriate tax reporting, in compliance with the terms of the grant.

(b) The only use of cellular devices on grants and contract funds are those which have allocated funds to be directed to the division of information services and an approved university contract established. In these cases, the use of the cellular device should be fully devoted to the project, necessary for the project, and included in the approved budget.

(c) In cases where it is not in the approved budget, the expense will not be allowable unless approved by grants and contract administration. The bona-fide business purpose documentation must be approved annually by grants and contract administration in order for the expenses to be allocable to a grant and contract account. Personal calls or contacts are not to be made to/from cellular devices approved under this paragraph.

(G) Exclusions.

The division of information services is excluded from this policy where it needs to continue existing or establish new university contracts or acquire electronic access or access devices for testing or to support university information services for such testing devices. Such exclusions shall only be approved by the chief information officer who is responsible for monitoring eligibility and use. The use of these devices are for testing purposes only and personal calls or contacts are not to be made to/from these devices.

Last updated June 17, 2024 at 8:50 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-15.1

(A) Purpose. It is the policy of Kent state university that openness leads to a better informed citizenry, which leads to better government and better public policy. It is the policy of Kent state university to adhere to the Ohio public records act.

(B) Definitions.

(1) Record. For the purposes of this policy, a record includes any document, device, or item, regardless of physical form or characteristic, including an electronic record; that is created or received by, or coming under the jurisdiction of the university; and documents the organization, functions, policies, decisions, procedures, operations, or other activities of the university.

(2) Public record. A "record" as defined in this paragraph that is kept by the university, subject to applicable exemptions from disclosure under Ohio or federal law. All public records shall be organized and maintained in such a way that they can be made available for inspection and copying.

(C) Implementation.

(1) Handling requests. All requests for Kent state university public records shall be directed to the office of general counsel ("OGC"). No specific language is required to make a request for public records. However, the requester must at least identify the records requested with sufficient clarity to allow OGC to identify, retrieve, and review the records.

(a) The requester does not have to put a records request in writing, and does not have to provide their identity or the intended use of the requested public record(s). It is OGC general policy that this information is not to be requested. However, OGC may ask for a written request, the requester's identity, and/or the intended use of the information requested, if a written request or disclosure of identity or intended use would benefit the requester by enhancing the OGC's ability to identify, locate, or deliver the public records that have been requested; and the requester is first told that a written request is not required and that the requester may decline to reveal the requester's identity or intended use.

(b) In processing the request, the university does not have an obligation to create new records or perform a search or research for information in the university's records. An electronic record is deemed to exist so long as a computer is already programmed to produce the record through the university's standard use of sorting, filtering, or querying features.

(c) In processing a request for inspection of a public record, an OGC employee may accompany the requester during inspection to make certain original records are not taken or altered.

(2) Response timeframe. Public records are available for inspection promptly during regular business hours. Copies of public records shall be made available within a reasonable period of time.

(a) "Prompt" and "reasonable" take into account the volume of records requested, the proximity of the location where the records are stored, the necessity for any legal review and redaction, and other facts and circumstances of the records requested.

(b) It is the goal of OGC that all requests for public records should be acknowledged in writing or, if feasible, satisfied within three business days following OGC's receipt of the request.

(3) Electronic records. Records in the form of e-mail, text messaging, and instant messaging, including those sent and received via a hand-held communications device, are to be treated in the same fashion as records in other formats, such as paper or audiotape. Public record content transmitted to or from private accounts or personal devices is subject to disclosure. All employees or representatives of the university are required to retain their e-mail records and other electronic records in accordance with applicable records retention schedules.

(4) Denial and redaction of records. If the requester makes an ambiguous or overly broad request or has difficulty in making a request such that OGC cannot reasonably identify what public records are being requested, the request may be denied, but OGC will then provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained and accessed by OGC.

(a) If OGC withholds, redacts, or otherwise denies requested records, it will provide an explanation, including legal authority, for the denial(s). If the initial request was made in writing, the explanation will also be in writing. If portions of a record are public and portions are exempt, the exempt portions may be redacted and the rest will be released.

(b) When making public records available for public inspection or copying, OGC shall notify the requester of any redaction or make the redaction plainly visible.

(5) Copying and mailing costs. Those seeking public records may be charged only the actual cost of making copies, not labor. The charge for paper copies is ten cents per page. The charge for electronic files downloaded to a compact disc, USB flash drive, or other portable storage device is the actual cost of the device. A requester may be required to pay in advance for the actual costs involved in providing the copy.

(a) The requester may choose whether to have the record duplicated upon paper, upon the same medium on which the public record is kept, or upon any other medium on which OGC determines that the record can reasonably be duplicated as an integral part of the office's normal operations.

(b) If a requester asks that documents be delivered to them, the requester may be charged the actual cost of the postage and mailing supplies, or other actual costs of delivery. There is no charge for e-mailed documents.

(D) Managing records. Kent state university records are subject to retention schedules pursuant to rule 3342-5-15 of the Administrative Code. The university's current schedules are available on the OGC website, a location readily available to the public as required by division (B)(2) of section 149.43 of the Revised Code.

History

  • Effective: September 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-02.301 Operational procedures regarding receipt of paychecks prior to payroll date.

(A) Purpose. The university recognizes an obligation to see that all employees receive their payroll checks on their respective payroll dates.

(B) Procedures.

(1) Advance payroll check request. The university will also accommodate those individuals desiring paychecks prior to the payroll date if they are planning upon traveling out of the area because of university business or vacations, and if they will be away from the university on the payroll date. In this event, the employee can request, with his or her supervisor's approval, the payroll department to write an early check to be ready on the date specified. This will require the employee giving the payroll department three weeks' advance notice. Nonacademic employees will submit such requests through the personnel department and academic employees will submit requests through the office of the provost. All checks will be picked up by the employee in the treasurer's office.

(2) Release of check with approval. There is also the possibility that circumstances could require an employee to be away from the university on the payroll date without knowing about it in advance. Given the large number of university faculty and staff employees, such accommodations can only be on an exception basis. To the extent the payroll checks have been printed by management information systems and have been processed by the treasurer's office, they will be made available to the employee prior to the payroll date. The mechanics of writing and processing payroll checks precludes the setting of a definite time when checks would be available, although ordinarily this would be the day prior to the payroll date. The same approval procedures must be followed as when requesting the writing of an early check. No checks will be released without such approval, nor to an individual other than the employee.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-03 University policy regarding university investments.

(A) Policy statement. This statement of investment policy reflects the investment policy, objectives and constraints for the Kent state university ("university") operating accounts. This rule defines the authority and responsibilities for the management of investment operations and the standards to be used to monitor investment performance. In general, the purpose of this statement is to outline the policy and philosophy that guides the management of the investment assets toward desired results. It is intended to be sufficiently specific to be meaningful, yet flexible enough to be practical.

(1) The mission of the university's investments is to provide sustainable investment returns to fund current and future financial objectives with commensurate risk and return objectives based on the multiple investment time-frames. With recognition to this primary objective, the university shall make reasonable efforts to invest in ethical and socially responsible companies.

(2) As investment balances are in place to fund strategic needs and to ensure funding for debt service, university expenditures that are outside of the current approved budget shall be approved by the president and senior vice president for finance and administration. A decline in portfolio value deemed to be more than temporary in nature shall be distributed proportionately to department fund balances as authorized by the senior vice president for finance and administration.

(3) This rule is set forth by the university in order that:

(a) There is a clear understanding on the part of the board of trustees, the finance and administration committee, the investment committee, the senior vice president for finance and administration and the investment advisor retained concerning the investment policy and objectives for the funds under management;

(b) The investment advisor is given the guidelines and limitations expressed in this rule for the funds under management;

(c) Current and future board of trustees members have a basis for understanding the investment process and evaluating performance.

(B) Roles and responsibilities.

(1) Board of trustees. The board of trustees has the general authority to implement this rule. In accordance with division (C)(3) of section 3345.05 of the Revised Code, the board of trustees has established an investment committee as a subcommittee of the finance and administration committee of the board.

(a) Finance and administration committee: The finance and administration committee authorizes the control and execution of the rule to the investment committee.

(b) Investment committee: The investment committee is responsible for the management of the investment operations working in collaboration with the senior vice president for finance and administration. The investment committee may employ professional advisors to assist in the discharge of these duties. The duties and responsibilities of this committee are outlined in the investment committee charter.

(2) Senior vice president for finance and administration. The senior vice president for finance and administration, or designee, and the investment advisor are delegated the authority to execute investment operations as approved by the investment committee. The senior vice president for finance and administration, or designee, shall be responsible for monitoring fluctuations in cash needs by utilizing monthly updates to cash forecasts. Responsibilities of the senior vice president for finance and administration under this rule are as follows:

(a) Advise the finance and administration committee and the board of trustees on its investments made pursuant to division (C) of section 3345.05 of the Revised Code;

(b) Participate in the review and recommending the selection, retention or release of an investment advisor in compliance with division (D)(1) of section 3345.05 of the Revised Code;

(c) Review and recommend any changes to this rule;

(d) Recommend asset subclasses within the asset classes described in this rule which constitute permissible areas for investment of the university assets in compliance with division (C)(1) of section 345.05 of the Revised Code;

(e) Recommend return and risk objectives and asset allocation targets for the university assets that are invested;

(f) Report to the finance and administration committee at least quarterly on the performance status of the investments of the university.

(3) Investment advisor. The investment advisor has discretion to purchase, sell or maintain securities, including commingled and privately placed funds. The investment advisor must be licensed either by the division of securities or registered with the securities and exchange commission, and must be in compliance with the standards established in division (D)(1) of section 3345.05 of the Revised Code. Specific responsibilities of the investment advisor include:

(a) Design and implement an asset allocation strategy based on the university's goals and risk tolerance as defined in this rule;

(b) Discretionary investment management including decisions to buy, sell or maintain individual securities, and to alter asset allocation within the guidelines established in this statement and consistent with the terms of the advisor's agreed upon strategy;

(c) Communicate any major changes to economic outlook, investment strategy or any other factors that affect implementation of investment process, or the investment objective progress of the university's investment management;

(d) Attend investment committee meetings and other investment-related conference calls as requested;

(e) Report on a timely basis quarterly investment performance results and activity;

(f) Engage investment managers as necessary for investment advisor to perform responsibilities under this rule;

(g) Vote proxies on behalf of the university in accordance with the terms of the investment management agreement;

(h) Annually review and attest to compliance with this rule;

(i) Instruct the custodian to rebalance assets as needed.

(4) Custodian(s): The custodian shall physically (or through agreement with a sub-custodian) maintain possession of securities owned by the university, collect dividend and interest payments, redeem maturing securities, and effect receipt and delivery following purchases and sales. The custodian may also perform regular accounting of all assets owned, purchased, or sold, as well as movement of assets into and out of the university accounts.

(5) Additional specialists: Additional specialists, such as auditors, consultants, and technology providers, may be employed by the university to assist in meeting its responsibilities and obligations to administer university assets prudently.

(C) Implementation.

(1) Investment considerations. In accordance with division (C)(1) of section 3345.05 of the Revised Code, across all university funds, an average of no less than twenty-five per cent of the total operating assets over the previous fiscal year must be invested in publicly-traded fixed-income securities, defined as:

(a) Securities issued by the United States government or its agencies or instrumentalities;

(b) The treasurer of the state of Ohio's poled investment program;

(c) Obligations of the state of Ohio or any of its political subdivisions;

(d) Certificates of deposits of any national bank located in the state of Ohio;

(e) Written repurchase agreements with any eligible Ohio financial institution that is a member of the federal reserve system or federal home loan bank;

(f) Money market funds; or

(g) Bankers acceptances maturing in two hundred seventy days or less which are eligible for purchase by the federal reserve system, as a reserve.

(2) Monies from various university funds may be pooled to maximize return or reduce expenses.

(D) Specific investment objectives. The university investment pool is divided into three investment pools.

(1) Short-term pool. The short-term pool contains university funds needed for day-to-day operating expenses, generally at least totaling the amount of projected expenditures occurring within a one-year time frame.

(a) Investment objective. The investment objective of the short-term pool is to provide for preservation of capital for ongoing liquidity with the maximum income commensurate with the need for principal safety. Investment selection shall be based on the need for this pool to fund day-to-day operating expenses and planned expenditures occurring within a one-year time frame.

(b) Relative rate of return objective. The performance of the short-pool investments shall be measured relative to the ninety-day US treasury bill index.

(c) Asset allocation guidelines:

| Asset class | Policy target | | --- | --- | | Cash & equivalents | 100 per cent |

(2) Intermediate-term pool. The intermediate-term pool contains funds that may be authorized for university unrestricted priorities, as well as to support the short-term pool on a temporary or permanent basis pursuant to the university budget, the use of which could occur over an intermediate time frame generally considered between one and five years. The funding of the intermediate-term pool may come from, but is not limited to, accumulated short-term funds that exceed projected operating needs over the subsequent year, funds set aside for specific initiatives, excess earnings from the long-term pool, and other amounts that are set aside by the senior vice president for finance and administration.

(a) Investment objective. The investment objective of the intermediate-term pool is to earn a higher return on funds that are not identified as day-to-day operating expenses. Emphasis is placed on income and principal appreciation with an attempt to minimize return volatility.

(b) Relative rate of return objective. The intermediate-term pool shall attempt to achieve a return in excess of a blended benchmark calculated by applying each strategy's target asset allocation to the comparable benchmark. Additional market-based blends may be utilized for further comparative uses.

(c) Asset allocation guidelines:

| Asset class | Strategic target | Range | | --- | --- | --- | | Growth Strategies | 25 per cent | 15-35per cent | | Inflation protection | 5 per cent | 0-15 per cent | | Risk reduction | 70 per cent | 60-80 per cent |

Growth strategies are expected to provide long-term growth and offer high expected real returns, and shall include several asset classes with a bias toward equity (public and private, as well as long-biased hedge funds) and equity-like investments (such as high yield and emerging markets debt) due to their higher long-term return expectations.

Inflation protection strategies shall include public real asset strategies as well as private real estate. Real assets and private real estate provide the portfolio with a diversified hedge against inflation as well as a strong yield component.

Risk reduction strategies shall include diversified fixed income and non-directional hedge funds. Fixed income provides stability and protection in deflationary environments. Non-directional hedge funds are designed to reduce volatility while providing fixed income-like returns.

(3) Long-term pool. The long-term pool represents a "permanent core" fund not needed for working capital in any given single year.

(a) Investment objective. The primary investment objective of the long-term pool is to maximize capital appreciation over an extended time horizon, deemed approximately five to ten years or greater, the purpose which is to enhance the university's ability to provide for programs and initiatives. Emphasis is placed on capital appreciation over intermediate income needs or short-term capital preservation.

(b) Relative rate of return objective. The intermediate-term pool shall attempt to achieve a return in excess of a blended benchmark calculated by applying each strategy's target asset allocation to the comparable benchmark. Additional market-based blends may be utilized for further comparative uses.

(c) Asset allocation guidelines: "Asset class Strategic target Range Growth strategies 69% 59% - 79% Inflation protection 11% 0% - 21% Risk reduction 20% 10% - 30%"

| Asset class | Strategic target | Range | | --- | --- | --- | | Growth strategies | 69 per cent | 59-79 per cent | | Inflation protection | 11 per cent | 0-21 per cent | | Risk reduction | 20 per cent | 10-30 per cent |

The terms "growth strategies," "inflation protection," and "risk reduction" shall have the same meaning as provided for in paragraph (D)(2)(c) of this rule.

(4) Return allocation policy. No less than annually, the investment committee shall review investment returns and determine any reallocation of the returns to the short-term or intermediate-term pools.

(5) Time horizon. Based on historical data, it is anticipated that the university shall have a strong probability of achieving its stated objectives over the long-term. Since it is assumed that the university and its purpose shall exist over a long period of time, long-term investment time horizons are used (e.g. ten, twenty, and thirty years) to establish the appropriate asset allocation policies and guidelines in order to attain these objectives. Year by year and over shorter-term time horizons these objectives may not always be attained. Nevertheless, emphasis on evaluating performance shall be over rolling three-year and five-year periods, rather than short-term, to determine the portfolio's progress towards its objectives.

(E) Definition of risk. Any person or organization involved in the process of advising the university regarding the investment of assets shall understand how the investment committee defines risk so that the assets are invested in a manner consistent with the university objectives and investment strategy as outlined in this rule. The investment committee defines risk across all university funds, collectively, as the probability of not meeting the university's liabilities or cash flow requirements as determined by its objectives.

(1) The investment advisor shall manage portfolio risk at multiple levels: strategic asset allocation, manager selection and portfolio construction. Strategic asset allocation recommendations shall be made with the goals of managing portfolio risk (supporting preservation) and providing return enhancement (supporting perpetuity). Diversification across asset classes is critical to minimizing volatility of returns. Risk (absolute and relative) shall also be managed and monitored at the investment manager level. Multi-manager strategies shall be designed to offer optimal diversification, reduce risk and deliver consistency.

(2) Portfolio risk shall be monitored on a regular basis and the advisor shall provide reporting on risk related metrics such standard deviation, Sharpe ratios, value at risk, max drawdown and stress testing.

(3) Each pool's risks are different. Generally, the primary risk of each pool is:

(a) Short-term pool. Any temporary or permanent loss that is not recoverable in ninety days or less time.

(b) Intermediate-term pool. A temporary or permanent of loss of purchasing power over rolling three-year periods. That is, the primary risk associated with the intermediate-term pool is the loss of real value (after inflation) over three-year periods.

(c) Long-term pool. Excess volatility measured in relation to the blended benchmark described above, as well as long-term permanent loss of principal measured over full market cycles, as defined in this rule.

(F) Liquidity. Sufficient liquidity and income should be maintained to pay the University wages, benefits and other expenses, and any predictable and/or reasonable contingencies. To minimize the probability of a loss occasioned by the sale of a security forced by the need to meet a required payment, the investment committee shall, along with the investment advisor, take the necessary steps to provide sufficient liquidity on an ongoing basis. In the event of an unforeseen cash requirement, the investment committee shall work with the investment advisor to provide the necessary liquidity. As a general rule, when providing for liquidity, the strategic allocations as delineated in this rule and accompanying exhibits shall be, within reason, a primary consideration.

(G) Investment guidelines.

(1) Allowable assets.

(a) Cash equivalents. Treasury bills, money market funds, short term investment funds, commercial paper, banker's acceptances, repurchase agreements, certificates of deposit.

(b) Fixed income securities. U.S. government and agency securities, corporate notes and bonds, mortgage backed bonds, preferred stock, fixed income securities of foreign governments and corporations, planned amortization class collateralized mortgage obligations (PAC CMOs) or other "early tranche" collateralized mortgage obligations.

(c) Equity securities. Common stocks, convertible notes and bonds, convertible preferred stocks, American depository receipts (ADRs) of non-U.S. companies, stocks of non-U.S. companies (ordinary shares).

(d) Funds. Mutual funds and hedge funds.

(e) Other assets. Guaranteed investment contracts, limited partnerships which invest in securities as allowed in this statement.

(f) Private equity, real estate and other non-marketable alternatives:

(i) In making investments, there is a pre-disposition to using funds-of-funds over direct investments in a single, or several single investment funds.

(ii) The investment committee may authorize up to fifteen per cent total investment, at cost, in such non-marketable alternative investments.

(2) Equity investments. Across university funds,

(a) No more than five per cent (at cost) or ten per cent (at market) of the total portfolio may be invested in any one company; no more than twenty-five per cent exposure to any one industry. For the purposes of these guidelines, the Standard and Poor's definition of industry classification shall be used for clarification when necessary.

(b) Foreign equity securities are a permissible investment both on an American depository receipt ("ADR") basis as well as ordinary shares.

(c) Preferred stock and convertibles are permitted.

(d) The investment advisor is responsible for monitoring equities to be sure guidelines are satisfied. If guidelines are not satisfied, the investment advisor shall notify the senior vice president for finance and administration promptly. The senior vice president for finance and administration, based on advice from the investment advisor, shall determine what action shall be taken.

(3) Fixed income investments and cash equivalents. Across university funds,

(a) At least seventy per cent of all fixed income investments must be rated investment grade or better by either Moody's or Standard & Poor's (Baa/Moody's or BBB/Standard & Poor's) as to domestic securities, and AA rated by those agencies or their foreign counterparts as to foreign securities.

(b) Commercial paper should be rated A1 (or equivalent) or better.

(c) Diversification. No more than ten per cent exposure (at cost) to any one company, or twenty-five per cent exposure (at cost) to any one industry. U.S. treasury securities are exempt from this restriction.

(d) Foreign fixed income securities are permissible investments.

(e) Division (C)(1) of section 3345.05 of the Revised Code must be adhered to, as described in paragraph (C) of this rule.

(f) The investment advisor is responsible for monitoring fixed income and cash equivalents pursuant to these guidelines. If guidelines are not satisfied, the investment advisor shall notify the senior vice president for finance and administration promptly. The senior vice president for finance and administration, based on advice from the investment advisor, shall determine what action shall be taken.

(4) Alternative investments. Investments in alternative investment strategies are permissible within the context of the overall investment allocation. The objective of such strategies shall be to diversify the portfolio, complementing traditional equity and/or fixed-income investments to improve the overall performance consistency of the pool(s). The primary purpose for including alternative investments is greater diversification and an emphasis on returns less correlated to market risk. Only investment funds that provide annual audited financial statements are eligible for investment.

(a) As a whole, alternative investments (as equivalents for the asset classes above) shall not exceed thirty per cent of the total portfolio. Within the alternative investment limitation, non-marketable investments may not exceed fifteen per cent of the total portfolio. Non-marketable investments are those considered illiquid until sold by the investment advisor, such as private equity or private real estate.

(b) Hedge fund strategies. Eligible strategies include, but are not limited to: statistical arbitrage, equity market neutral, convertible arbitrage, distressed securities, merger arbitrage, fixed income arbitrage, equity long/short, global macro, short selling, managed futures, structured products, micro finance and portable alpha.

(c) Funds of hedge funds. The investment committee may elect to invest in funds of hedge funds. The funds of hedge funds structure helps to provide an additional layer of diversification relative to relying on a single-manager or single-strategy hedge fund approach.

(d) Single-manager hedge funds. The investment committee may elect to invest with single-manager hedge funds. In general, single manager funds are anticipated in instances where there are directly accessible strategies or market exposures that are not efficiently accessed through fund of funds.

(e) Hedge funds and funds of hedge funds investments are often less transparent than traditional investments, and therefore investments shall be made only in funds where investment, operational, and legal due diligence as well as ongoing monitoring are performed by the investment advisor. Liquidity in such investments may also be limited, including lock-up provisions and redemption or withdrawal fees. Liquidity constraints shall be weighed when making allocations to the managers responsible for the investments in these funds.

(H) Investment advisor review.

(1) Performance reports generated by the investment advisor shall be compiled at least quarterly and communicated to the investment committee for review. The investment performance of the total portfolio, as well as asset class components, shall be measured against commonly accepted performance benchmarks as described throughout this rule. Consideration shall be given to the extent to which the investment results are consistent with the investment objectives, goals and guidelines as set forth in this rule.

(2) The investment advisor performance is generally measured over a full market cycle, though there is always the right to terminate the advisor for any reason including but not limited to the following:

(a) Significant qualitative changes to the investment advisor's organization, personnel or strategy.

(b) Investment performance, which is significantly less than anticipated given the discipline employed, and the risk parameters established, or unacceptable justification of poor results.

(c) Failure to adhere to agreed upon or communicated investment parameters or the terms of an agreement with the university, including communication and reporting requirements.

(d) Change in fee structure.

(e) Performance against peers.

(I) Investment policy review. To ensure continued relevance of the guidelines and objectives established in this rule, the investment committee and the investment advisor shall review this rule at least annually. However, the investment committee reserves the right to amend this rule at any time.

(J) Definitions. For the purposes of this rule, the following terms are defined as follows:

(1) Indices.

(a) MSCI all country world index (MSCI ACWI). The MSCI ACWI index is a market capitalization weighted index that is designed to measure the equity market performance of developed and emerging markets. The MSCI ACWI is divided approximately across all stock markets, in proportion to their size across the globe. The US markets are approximately forty-five per cent to fifty-five per cent of the global markets, and other developed and emerging markets comprise the remainder in proportion to their sizes.

(b) Barclays capital U.S. intermediate government/credit bond index. The index measures the performance of U.S. dollar denoinated U.S. treasuries, government-related and investment grade U.S. corporate securities that have a remaining maturity of greater than one year and less than ten years.

(2) Full market cycle. A full market cycle is generally described as the intermediate- to long-term period during which capital markets exhibit upward, downward, and then upward again behavior (historically five to seven years on average, though time-frame may be shorter or longer depending on the market environment). Because market cycles tend to present themselves differently over time, a longer-term orientation enables the university more fully to judge performance in light of the unique characteristics of each period rather than project based on more difficult to discern short-term results.

Last updated July 8, 2021 at 10:31 AM

History

  • Effective: July 8, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-04 University policy regarding the authorization and award of capital construction projects.

(A) Policy statement. Campus planning, construction, rehabilitation, renovation, maintenance, and repair are continually underway across the university's eight-campus system. It is critically important that proper procedures are followed to ensure that the appropriate parties are aware of the projects and that the proper degree of oversight is applied.

(B) Eligibility and scope. This policy applies to all university properties and structures, including but not limited to, campuses, satellite operations, all spaces leased directly by the university, all buildings and grounds owned by the state of Ohio on behalf of Kent state university and/or the Kent state university board of trustees.

(C) Implementation.

(1) All phases of the planning, design and construction for new construction, maintenance, or renovation of university facilities, including the selection and awarding of service and construction contracts is the responsibility of the associate vice president for facilities planning and operation, and shall comply with Ohio law and with the rules of the Ohio office of the state architect and engineer.

(2) All proposed projects for new construction, maintenance, or renovations with an estimated total cost greater than one million dollars must be approved by the university board of trustees prior to awarding any contracts or university commitments.

(a) Only when it is determined that time is of the essence, proposed projects for new construction, maintenance, or renovations with an estimated cost at or below one million dollars that are later determined, after final bids are received, to exceed one million dollars may be jointly approved by the university president and chairperson of the university board of trustees. Any projects approved in this manner will be presented and discussed with the full board of trustees at the next regularly scheduled meeting.

(3) Projects for new construction, maintenance, or renovations with an estimated total cost greater than five hundred thousand dollars must be approved by the university president prior to awarding any contracts or university commitments.

(4) Projects for new construction, maintenance, or renovations with an estimated total cost greater than one hundred thousand dollars must be approved by the university vice president for finance and administration prior to awarding any contracts or university commitments.

(5) Projects for new construction, maintenance, or renovations with an estimated total cost below one hundred thousand dollars may be approved by the associate vice president for facilities planning and operation, without further approvals.

(6) All projects for facilities construction or maintenance must be done with the approval of the associate vice president for facilities planning and operation.

(7) For projects subject to the approval by the board of trustees, site analysis and pre-design services totaling one hundred seventy-five thousand dollars or less may be undertaken with the approval of the vice president for finance and administration.

(D) This policy is effective for all determinations made on or after September 16, 2009.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-05 University policy regarding allocation and use of student activities fees.

Policy statement. The board will designate a portion of the general fee as the student activities fee. The administration of these funds shall be a responsibility of the vice president for enrollment management and student life, or designee, who shall insure that maximum student involvement in the allocation and use of the fees is achieved. Regulations pertaining to the allocation and use of the student activities fee will be reviewed annually. It is the responsibility of the vice president for enrollment management and student life to insure that applicable state laws are incorporated in these regulations.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-05.1 Administrative policy regarding allocation and use of student activities fees.

(A) Purpose. The board has designated a portion of the general fee as the student activities fee. See the current "Fee Register" for the amount, which is subject to change.

(B) Distribution of the student activities fee. This fee is divided and allocated as follows:

(1) A portion of the student activities fee paid by all students will be designated for all campus student publications. The student media policy committee makes recommendations relative to requested funding for all student media organizations funded by the student activity fee. These funding recommendations are forwarded to the vice president for enrollment management and student affairs for approval. The vice president for enrollment management and student affairs forwards the allocation package to the provost for final approval.

(2) A portion of the student activities fee identified for student organizations and paid by undergraduate students will be designated primarily for undergraduate social, cultural, recreational, service and educational programs. The undergraduate student senate is designated by the vice president for enrollment management and student affairs to make recommendations regarding the allocation of this portion of the activities fee.

(3) A portion of the student activities fee identified for student organizations and paid by graduate students will be designated primarily for graduate social, cultural, recreational, service and educational programs. The graduate student senate is designated by the vice president for enrollment management and student affairs to make the final recommendations regarding the allocation of this portion of the activities fee.

(4) A portion of the student activities fee identified for student leadership and paid by all students will be designated to provide scholarship funds student leaders in graduate and undergraduate student organizations and governmental bodies consistent with rule 3342-7-05.3 of the Administrative Code.

(5) In general, student activities fees collected for the academic year shall be allocated for program/service that take place during the academic year. Likewise, those fees collected for the summer sessions shall be allocated for program/service which take takes place during the summer sessions.

(6) Consistent with rule 3342-7-05 of the Administrative Code, the vice president for enrollment management and student affairs or designee is held accountable for making the final decision regarding the allocation of all the above mentioned fees.

(C) Accounts.

(1) The purpose of the student activities fee account for undergraduate organizations.

(a) This account will be credited for that portion of the student activities fee designated for student organizations and paid by undergraduate students. This account will be debited for the allocations recommended by undergraduate student senate to student organizations.

(b) Since the allocation of monies from this account is based on an estimate of enrollment, a reserve of twenty thousand dollars is required to provide a buffer against over-allocation. The decision to utilize this reserve may be made only by the president for enrollment management and student affairs or designee.

(2) The purpose of the student activities fee account for graduate organizations.

(a) This account will be credited for that portion of the student activities fee designated for student organizations and paid by graduate students. This account is debited for the allocations recommended by the graduate student senate.

(b) Since the allocation of money from this account is based on an estimate of enrollment, a reserve of five thousand dollars is required to provide a buffer against over-allocation. Decisions to utilize this reserve can be made only by the vice president for enrollment management and student affairs or designee.

(3) The purpose of the student publications account.

(a) This account will be credited for that portion of the student activity fee designated for student publications and paid by undergraduate and graduate students. This account is debited for the allocations recommended by the student publications board for all campus student publications.

(b) Since the allocation of money from this account is based on an estimate of enrollment, a reserve of five thousand dollars is required to provide a buffer against over-allocation. Decisions to utilize this reserve may be made only by the vice president for enrollment management and student affairs or designee.

(4) The purpose of the student leadership scholarship accounts for undergraduates and graduates.

(a) These student leadership accounts (one for undergraduates and one for graduates) will be credited for that portion of the student activities fee designated for student leadership scholarship and distributed in accordance with rule 3342-7-05.3 of the Administrative Code.

(b) All other expenditures under the student leadership account deemed necessary for the successful support of student life will be determined by the vice president for enrollment management and student affairs.

(D) Reserve maintenance.

At the close of each fiscal year, the balance in the aforementioned accounts will be determined by the vice president for enrollment management and student affairs or designee.

(1) If the balance in the respective accounts is greater than indicated in this rule, the excess will be transferred to the appropriate capital purchase account as indicated:

(a) Excess in student activity fee undergraduate organizations account to be transferred to student capital purchase undergraduate organizations account.

(b) Excess in student activities fee graduate organizations account to be transferred to student capital purchase graduate organizations account.

(c) Excess in student publications account to be transferred to student publications capital purchases account.

(2) Maintaining the reserve. If the balance is less than the amount designated in this rule, the required amount from the respective capital purchase accounts will be transferred to maintain the proper reserve. In such cases where the balance in the respective capital purchase accounts if insufficient to transfer the proper reserve, the vice president for enrollment management and student affairs or designee will make appropriate adjustments to the recommended allocation of the student activities fee to ensure the maintenance of the designated reserve.

(E) Estimation of income. It is the responsibility of the vice president for enrollment management and student affairs or designee to determine the amount available for allocation based on projected income estimates prepared by the bursar's office.

(F) Guidelines for the use of student activities fees. Committees and student governmental bodies making recommendation for the allocation of student activities fees and groups utilizing these monies shall adhere to the following guidelines as well as other guidelines promulgated by the respective allocating bodies:

(1) Each body making recommendations for the allocation of student activities fees shall develop and review annually a set of specific guidelines for the use and allocation of funds under their auspices. These guidelines must be approved by the vice president for enrollment management and student affairs or designee and will be published and distributed annually by the center for student involvement.

(2) Federal, state and local laws as well as institutional policies specifically prohibit the use of student activities fees for the following:

(a) Events held away from the campus unless adequate transportation exists;

(b) Direct allocation to charity or charitable organizations;

(c) Religious activities;

(d) Direct allocation to individual students except designated in rule 3342-6-25.1 of the Administrative Code;

(e) Events that discriminate on the basis of the protected categories as provided in accordance with rule 3342-5-16 of the Administrative Code and;

(f) Partisan political activities intended to influence voting on issues or candidates currently on a ballot.

(3) Student groups must request an agency account through the division of finance.

History

  • Effective: August 3, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-05.3

(A) Policy statement.

The university recognizes the importance of leadership roles in registered student organizations and the value such roles have to the growth and betterment of the student life experience. Certain leadership positions for registered student organizations as designed by the vice president for student affairs through the center for student involvement are eligible to receive scholarship funding through the student leader development fee in accordance with this rule.

(B) Eligibility.

(1) Only certain student leadership positions in registered student organizations in accordance with rule Chapter 3342-4 of the Administrative Code, as designated by the vice president for student affairs shall be eligible for a student leadership scholarship subject to the conditions provided for herein.

(2) Positions selected by the student media board in accordance with rule 3342-4-12.1 of the Administrative Code (including positions within student media as defined by the college of communication and information) are not eligible under this policy.

(3) Kent interhall council positions shall not be eligible under this policy.

(C) Implementation.

(1) Scholarship terms.

(a) Each scholarship will be in the form of credit toward tuition charges and will be applied directly to the student account, up to ten days before the academic term begins. The credit may also be applied toward other university charges (lab fees, room and/or board fees, etc.), if tuition is paid through scholarships or other financial aid awards. Should excess scholarship remain after all outstanding university charges and fees have been paid, the student leader may receive a refund in accordance with university policies.

(b) Prior to award of the scholarship, the student leader must complete all required forms and application materials provided by the center for student involvement. These materials must be on file with the center for student involvement prior to application of the credit toward tuition charges. Failure to complete the required forms and applications materials may result in the delay and/or revocation of the student leader scholarship.

(2) Undergraduate students.

(a) The vice president for student affairs shall determine the scholarship amounts designated for student leadership positions.

(b) At the discretion of the vice president for student affairs, a committee can be appointed to review the student leader scholarship amounts. The committee shall make recommendations for changes in the policy and/or positions to the vice president for final approval.

(c) The director of the center for student involvement will monitor the performances of the student leaders pursuant to their job descriptions and shall be empowered to rescind the scholarship of those individuals who fail to perform at a minimum level.

(3) Graduate students.

(a) The maximum percent of the total in student activities fees available for student leader scholarship at the graduate level may be only fifteen per cent.

(b) The maximum scholarship for a student at the graduate level should be four thousand five hundred dollars per academic year for the executive chair and at appropriate levels for others as permitted by the fifteen per cent limitation as stated in paragraph (C)(3)(a) of this rule.

(c) The graduate student senate shall establish specific guidelines for funding students in the student leadership positions that fall under its purview. These guidelines shall establish the application procedure as well as the procedures and criteria that will be used to determine positions eligible for scholarship.

History

  • Effective: October 12, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-25.1

(A) Policy statement. It is the policy of the university to employ actively enrolled undergraduate and graduate students in various campus positions. This policy serves to provide the administrative structure and procedure for such student appointments, with more specific operational processes and regulations outlined in the student employment handbook.

(B) Eligibility. This policy applies to employees whose status as a student is a requirement of employment.

(C) Definitions.

(1) Supervisor or department head. The individual to whom responsibility is delegated to oversee work on behalf of the university by student employees. This individual is responsible for selecting, hiring, directly supervising, and providing guidance, training and instructions relative to the student employee's assigned responsibilities. This individual is also responsible for being familiar with all statutes, regulations, and policies governing the appointment and termination of employees in their department.

(2) Hourly student employee. Student paid on an hourly basis and nonexempt from the overtime provisions of the Fair Labor Standards Act.

(3) Non-hourly student employee. Student paid on a salary basis for a specific time period (i.e., one time service, one month, one semester).

(4) High school student employee. An individual who is an active, full-time high school student. High school students employed by Kent state university are not required to meet the enrollment guidelines as contained in paragraph (E)(8) of this rule. Employment of high school students must comply with all of the requirements of the state of Ohio's minor labor laws (section 4109.01 of the Revised Code).

(D) Categories of student appointment. These categories identify the specific nature of the working relationship for student staff.

(1) Funding basis. The source of funds from which a student employee is paid is a critical factor in establishing the appointment.

(a) University funded student appointment. Students employed by the university whose wages are paid in full by the employing university department.

(b) Federal work-study program student appointment. Students employed by the university or by a university approved, off-campus organization who have applied for financial aid and have been determined to be eligible for employment under the federal work-study program (FWSP). The employing department will be charged a percentage of the student's wages, and the difference will be charged to the student's FWSP allocation as determined by the student financial aid office and by the U.S. department of education. Federal work-study wages can only be paid to student employees on an hourly basis. The FWSP places additional conditions and limitations on the appointment.

(2) Appointment type.

(a) Hourly. Most student employees are appointed on an hourly basis. Gross pay for a pay period is calculated using the total number of hours worked during the pay period, multiplied by the designated hourly rate of the appointment.

(b) Non-hourly. Students are compensated on a fixed dollar amount for a specific time period, (i.e., one time service, one month, one semester).

(E) Implementation.

(1) Verification of student status and eligibility for employment.

(a) To be eligible for student employment, an individual must:

(i) Be an enrolled student as defined in paragraph (E)(8) of this rule,

(ii) Complete all state, federal, and university forms required for employment, and

(iii) Agree to comply with all applicable university and departmental procedures and policies pertaining to assigned responsibilities, to include the protection of the privacy of students and the authorized dissemination of any information according to university policy, as well as local, state, and federal laws. By accepting employment with the university, the student employee agrees to further follow all policies and procedures within the student employment handbook, as amended.

(b) The appointing authority or designate must verify eligibility before an offer of appointment can be made.

(2) Offer of appointment. No student employee should be expected to work without a formal offer of appointment which specifies basic responsibilities, rate of pay, general expectations regarding a work schedule, and duration of appointment.

(3) Orientation. The initial appointment should include an orientation process in order to enable the employee to become familiar with the workplace and the expectations for their position.

(4) Modification of appointment. Any substantial modification to the terms identified in paragraph (E)(2) of this rule should be communicated with reasonable advance notice to the student employment appointing authority.

(5) Benefits. Student employees do not receive vacation, sick leave, or holiday pay; cannot earn annual longevity step increases, and are not eligible to apply for a leave of absence.

(6) Termination of appointment. Student employment will cease under any of the following circumstances and termination must be communicated to the student employment appointing authority:

(a) End of appointment. Effective with the specified end date of the academic year, semester or summer term designated as the period of appointment, a student employee's appointment will automatically terminate, unless a new appointment is issued.

(b) Voluntary. Student employees may resign from their university appointment at any time, preferably with advance notice, and should notify their supervisor.

(c) Involuntary. At the recommendation of the supervisor, the appointing authority may terminate the employment of a student employee, preferably with advance notice. No reason is required to substantiate the action.

(7) Work schedule. A student employee should be provided a general expectation regarding a work schedule. A student's employment is temporary in nature and is incidental to the pursuit of an academic program. Students may not work more than twenty-eight hours per week. If the student exceeds the maximum hours as established by this policy, the student will not be eligible for future student employment. Continued violation of this policy will result in immediate termination of employment.

(8) Minimum credit-hour enrollment requirement.

(a) Academic year employment.

(i) Students must be enrolled at the university for at least half-time (six credit hours for an undergraduate or four credit hours for a graduate student). Audited classes are not considered degree granting credits and do not count toward the six or four credit hour minimum.

(ii) If a student drops below half-time enrollment status, their employment with the university will be terminated and medicare tax and Ohio public employees retirement system contributions will be withheld from their wages pursuant to federal and state laws.

(b) Summer and break period employment.

(i) Student employment during the summer is contingent upon enrollment during the following fall semester; unless the student will be graduating at the end of the summer.

(ii) Admitted incoming freshmen and transfer students may be employed during the summer or break period preceding the semester of enrollment.

(9) Ohio public employees retirement system (OPERS). Students are required as employees of a public university to contribute to OPERS. Students who meet the minimum hour enrollment requirement established by the university and state of Ohio for exemption in paragraph (E)(8)(a) of this rule may file a request to waive contribution with the appointing authority for student employment. Students who fail or cease to meet the criteria required for exemption at any time will be required by the university to contribute to OPERS.

(F) General procedures.

(1) Posting open student employment positions. All student position vacancies throughout the Kent state university system must be listed with the appointing authority for student employment.

(2) Employment in more than one department.

(a) Student employees may be employed in more than one department but the student must limit total hours worked in all departments to a part-time basis as provided in paragraph (E)(7) of this rule.

(b) Students may work in a federal work-study and a university funded position at the same time.

(3) Recording time.

(a) Student employees must record their own time worked. Recording of another employee's time is a serious violation of university policy and could lead to disciplinary action.

(b) Willful falsification or malicious handling of time keep records constitutes grounds for immediate dismissal.

(4) Student employment pay plan. All student employees will be paid according to the approved pay plan. Classification level and hourly rate are based on the nature of the job.

(5) Student employee grievance procedures.

(a) A formal grievance process exists to give students a venue for resolving workplace issues. It is expected that each employing department will inform all student employees of the student employee grievance procedures contained in the student employment handbook.

(b) Generally, it is expected that a complaint can be resolved at the point at which it arises. This means that the student employee(s) and the immediate supervisor should attempt to resolve the issue informally, with the right to appeal to a higher level exercised only after it is determined that mutual satisfaction cannot be reached. Consequently, every effort should be made to settle the grievance on the spot, on its merits, and with minimal delay.

(c) In initiating a complaint, and throughout the formal appeals process, students may seek the counsel of the office of the student ombuds. The student ombuds will provide information, clarify procedures, and facilitate communication as requested.

(d) It is understood that some issues may involve one or more policies that, because of either the nature of the complaint or the status of the complaint, may be related to university offices that have separate responsibilities for such policies. For example, an allegation of discrimination or sexual harassment could be reviewed separately by the office of equal opportunity and compliance (EOC).

(e) There shall be no retaliation or abridgment of a student's rights resulting from the use of this policy.

(f) As necessary, a student may submit a written request for a reasonable amount of time off work to attend hearings or meetings established as part of the grievance process. This request must be approved in writing by the immediate supervisor to be acted upon.

(g) Regional campus student employee complaints filed at a regional campus are covered by rule 3342-8-01.6 of the Administrative Code and this policy register.

Last updated August 29, 2025 at 7:55 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-16

(A) Purpose. This policy prohibits discrimination and harassment based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and protected military or veteran status. Retaliation for reporting or participating in the complaint process is also prohibited. The university encourages an atmosphere in which the diversity of its members is understood and appreciated, free of unlawful discrimination and harassment based on the listed categories. Thus, all members of the university are expected to join in creating a positive atmosphere in which individuals can learn and work in an environment that is respectful and supportive of the dignity of all individuals.

(1) Definitions and processes for implementing this policy will be defined in rules 3342-5-16.1 and 3342-6-02 of the Administrative Code.

(2) This policy is intended to promote the university's commitment to equal opportunity. It is not intended to censor first amendment rights to express ideas and opinions on any topic provided that expression is not in the form of unlawful discrimination or harassment.

(B) Eligibility. This policy shall apply to all university programs and services including, but not limited to, the following: recruiting, admission, access to programs, financial aid, classroom instruction, academic progress/grading, and social, recreational and health programs, as well as employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other compensation, and selection for training.

(C) Responsibilities. The vice president for the division of people, culture, and belonging are jointly responsible for implementation of this policy.

Last updated August 29, 2025 at 7:48 AM

History

  • Effective: August 29, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-05.2 Administrative policy regarding capital equipment purchases with student activities fees.

(A) Policy statement. All requests for capital equipment purchases with student activities fees must be approved by the appropriate funding agent, such agents being the student publications policy committee, the undergraduate student senate or the graduate student senate and the appropriate staff advisor. The funding agent will maintain control over this equipment at all times. Such purchases do not become part of the general university inventory pool but are considered as student activities fee inventory.

(B) Definition. Capital equipment will be defined as any item:

(1) With the cost of over one hundred dollars; and

(2) Which is intended for more than one year of usage.

(C) Operating procedures.

(1) A central inventory of all such equipment will be kept by the funding agent and the student life office. The equipment will also be registered with inventory control.

(2) Purchases with an anticipated price of over two thousand dollars must be channeled through the university purchasing department for competitive bidding.

(3) The student organization designated as the custodian of the equipment may charge a rental fee for use of the equipment so long as rates charged to registered student organizations are lower than those charged to other users.

(4) The designated custodian will be responsible for maintenance in good condition of the equipment.

(5) The equipment will remain in the custody of the student organization making the initial purchase until the organization expresses a lack of need for the equipment or the organization ceases to function on campus. At this time, the funding agent may designate another registered student organization as the custodian or arrange for the proper disposal of the equipment by sale through the purchasing department. The proceeds from such sale shall revert to the original funding agent for allocation.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-12.1

(A) Basic statement.

(1) The student media should be free of censorship and prior review or restraint of copy. Student editors and student managers have sole authority to determine content for the media they lead and in turn take full responsibility for the content decisions made.

(2) Student editors and student managers should subscribe to canons of responsible journalism, as stated in the "Society of Professional Journalists Code of Ethics," and the "Radio-Television Digital News Association Code of Ethics and Professional Conduct" and be free to develop their own editorial and program policies. Student advisors and student managers will be protected from discipline, suspension or removal based on the publication of content that is protected by the First Amendment to the U.S. Constitution. Once appointed, student editors and student managers may only be removed through a procedure providing appropriate due process.

(3) The student media board has been established as a standing university committee. The student media board serves as the institutional publisher or de facto licensee and acts in all matters pertaining to those media that are written or broadcast primarily by students and financed primarily by university-sanctioned student fees. The student media board has no jurisdiction over official university, administrative, or departmental publications or broadcasts no matter how authored.

(B) Membership of the student media board.

(1) Two faculty members appointed by the faculty senate. Should the faculty senate not appoint two faculty members by September fifteenth of each year, members of the student media board may appoint faculty to fill those positions.

(2) Two faculty members appointed by the school of journalism and mass communication faculty advisory committee, at least one of which must be faculty in the journalism sequence.

(3) The director of the school of journalism and mass communication or designee.

(4) The director of the center for student involvement or designee.

(5) Six students: two appointed by undergraduate student government, one appointed by graduate student senate, two journalism and mass communication undergraduate student and one journalism and mass communication graduate student appointed by the director of the school of journalism and mass communication. Student members shall not be affiliated with student media. The student appointees may not serve concurrently as a member of undergraduate student government as listed in rule 3342-2-08 of the Administrative Code, nor as a member of graduate student senate, as listed in rule 3342-2-09 of the Administrative Code. Should undergraduate student government or graduate student senate not appoint students by September fifteenth of each year, the student media board may appoint students to fill those positions.

(6) One media professional appointed jointly by the director of the school of journalism and mass communication and the director of the center for student involvement. The media professional appointee may not serve on the student media board concurrently while a full-time employee at Kent state university.

(7) Student editors and student managers will serve as non-voting members.

(8) Student media advisers will serve as non-voting members.

(9) The director of student media will serve as a non-voting member.

(C) Term of office.

(1) Faculty. The term of the office for each faculty member begins on September fifteenth and ends on September fourteenth.

(2) Students. The term of office for each student appointee begins after appointment on September fifteenth and continues until September fourteenth.

(3) All student media board members serve until their term expires or a replacement member is appointed.

(D) Board procedures.

(1) The director of the center for student involvement or designee will serve as the convener and chair until the committee elects a chair from among the journalism and mass communication faculty members on the student media board. Such election shall occur during the fall semester and the chair shall serve until the election of a new chair the following fall semester. The chair will appoint a vice chair who will assume the chairperson's duty should the chairperson be unable to complete the term.

(2) The office of student media will provide administrative support to the student media board.

(3) Members, including the chair, shall retain the privilege of voting on all matters with the exception of the non-voting members.

(4) Notice of the meetings will be given to all student media board members and to the school of journalism and mass communication faculty advisory committee.

(5) Meetings shall be open to the public.

(6) The student media board will conduct its meetings in a manner consistent with the Ohio Open Meetings Law, section 121.22 of the Revised Code.

(7) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the student media board.

(8) Meetings will be held regularly throughout the academic year, and as needed during the summer sessions.

(9) Special meetings may be called by either the chair, the director of student media or upon the request of two or more student media board members.

(10) A quorum shall consist of eight voting members. In the case of vacancies, this number shall be equal to a majority number of the remaining members to a minimum of four.

(11) All meeting minutes shall be recorded and forwarded to student media board members, the vice president for student affairs, and the dean of the college of communication and information.

(12) In the event that a quorum of the student media board cannot be convened in a timely manner, the chair of the student media board or designee and either an additional school of journalism and mass communication journalism sequence faculty member (if the request relates to emergency funding for the coverage of breaking news) or the director of the center for student involvement or designee (if the request relates to any other matter), will act on behalf of the student media board.

(E) Board charge.

(1) As the institutional publisher or de facto licensee for all student media, the student media board requires that each media organization establish a standard operating procedure when it requests funds, and thereafter to be reviewed and resubmitted by each funded medium every fall semester. The format of these procedures will be provided to each media organization.

(2) The student media board establishes criteria and guidelines for the appointment of the student editors and student managers of the various media organizations in its guidelines for the appointment of student editors and student managers.

(3) The student media board establishes criteria for the allocation of student activities fees in its guidelines for the allocation and use of student media activities fees.

(4) The student media board will not assume responsibility for student media publications or programs which it does not fund.

(5) The student media board reports to the vice president for student affairs and the dean of the college of communication and information.

(F) Specific responsibilities.

(1) Neither the student media board nor any student media adviser shall dictate or determine content for a student media organization nor will the student media board or the university discipline a student editor or student manager for the publication or broadcast of content that is protected by the First Amendment to the U.S. Constitution.

(2) The student media board gives responsibility for the day-to-day editorial operations of the media to the student editors and student managers of these media organizations. The student media advisers serve as non-voting members of the student media board and:

(a) The student media adviser shall function as a teacher, using the editorial, business and advertising operations to encourage responsible and enlightened journalism.

(b) The student media adviser's role as consultant shall extend to all operations of the media organization.

(c) The student media adviser shall assist the editorial staff in planning and executing each issue, or supervising the programming of the operation, whichever may be applicable.

(d) The student media adviser will assist the student editor or student manager in staffing the other positions of the organization.

(e) The student media board will review serious policy disputes between the student editors/student managers and student media advisers that cannot be resolved by the parties in dispute.

(f) Neither the student media board nor the university will remove a student media adviser from position as student media adviser based on content decisions made by student editors or student managers.

(3) The student media board delegates the responsibility for day-to-day business management of the media organizations funded by the student activities fees to the director of student media, who serves as a nonvoting member of the student media board. The director of student media, who reports to the director of the school of journalism and mass communication, administers university policy related to the business affairs of student media and advises the media regarding those policies. In addition, the director of student media:

(a) Assesses long-term and short-term options for capital expenditures and investments related to quality and efficiency of operations;

(b) Supervises full-time staff and part-time student media employees;

(c) Oversees the generation and collection of income from all sources for advertising and related services provided by the student media;

(d) Coordinates preparation of annual budgets and makes recommendations to the appropriate committee for each funded medium to the student media board;

(e) Coordinates and signs all contracts between outside vendors and student media in accordance with rule 3342-5-04.1 of the Administrative Code;

(f) Approves all expenditures and signs financial transactions relating to the media; and

(g) Provides counsel and assistance to the student media leaders.

(4) The student media board must be consulted about any change in the director of student media, position description.

(5) The student media board and the school of journalism and mass communication faculty advisory committee shall be consulted on the appointment of all student media advisers.

(6) The student media board recommends policies and establishes procedures to insure consistent handling of student media-related matters. These include, but are not limited to:

(a) Administrative policy and procedure regarding the student media board.

(b) Guidelines for the allocation and use of student media activities fees.

(c) Guidelines for the appointment and salaries of student editors and student managers;

(d) Appeal process regarding annual allocations.

(e) Student media board grievance procedures.

(f) Guidelines for student editors and student managers salaries.

(7) The student media board requires media organizations seeking funding to do so in accordance with established guidelines. The student media board makes recommendations relative to requested funding for all student media organizations funded by the student activities fee. These funding recommendations are forwarded to the vice president for student affairs and the dean of the college of communication and information.

(8) The student media board establishes the selection procedures and makes final decisions regarding the appointment of the student editor or student manager for each media organization providing applicants are compliant with the student media board guidelines.

(9) The student media board must approve requests from currently funded student media organizations for any change in budget of more than $500. Such requests must be presented in writing to the director of student media. The director of student media may approve such requests as within the parameters described within this rule, the guidelines for the allocations and the use of student media activities fees. The director of student media will present any request exceeding five hundred dollars to the student media board with a recommendation for student media board action.

(10) The student media board operates in accordance with these policies and procedures, and if not clearly specified in this rule, reserves the right to decide non-content issues relating to funded media organizations, within the parameters of university policies and procedures.

History

  • Effective: October 12, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-05.4 Administrative policy regarding financial responsibility of student organzations.

(A) Purpose. The university expects each organization to anticipate, provide for and meet promptly its financial obligations in a business-like and equitable manner.

(B) Nonpayment. An organization which fails to meet its financial obligations or has a deficit balance with the university will be informed as to the situation. If prompt corrective action is not taken, the organization will lose the privilege of utilizing university facilities and services. Loss of recognition may be the eventual result of continued nonpayment of bills.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-05.5 Administrative policy regarding billing and collection of student fees.

(A) Purpose. The purpose of this policy is to identify requirements for billing and collection of fees assessed to students of Kent state university.

(B) Definitions.

(1) Fees. For purposes of this policy, "fees" shall include all charges assessed to a student's account including, but not limited to, charges for instruction, room and board, programs and/or courses, parking permits, library fines, etc. or other special purpose fees and charges for services and benefits provided to students as approved by the board of trustees.

(2) E-bill. For purposes of this policy, "e-bill" means the electronic invoice generated to show a snapshot of a student's account balance at a given point in time.

(C) Scope. This policy applies to all fees assessed to a student's account. The material contained in this document supersedes any previous policies and procedures regarding collection of student fees.

(D) Procedure.

(1) Billing and payment of university fees. The bursar's office assesses regular semester fees at predetermined dates based on the student's course registrations, room and board selections, etc.

(a) Miscellaneous charges, such as library fines and parking tickets, are added to the student's account as they arise as submitted by the initiating department.

(b) The student is notified via e-mail when e-bills have been published. Due dates are included in these notifications as well as listed on the financial, billing, and enrollment center website.

(c) Students are required to meet their financial obligations for items assessed to their student account and billed to them by the Bursar office per paragraph (D)(1) of this rule prior to the university established due dates.

(2) Collection of student fees for registered students.

(a) Schedule cancellation for non-payment. The bursar's office will coordinate, with the financial, billing, and enrollment center, the creation and dissemination of several e-mails to students that have not met their financial obligation for an upcoming term. A student's failure to meet their financial obligation may result in the student's schedule being canceled for nonpayment.

(i) Students that are subject to cancellation for failure to meet their financial obligations will be notified in advance via email.

(ii) For student outreach, student services personnel, colleges, and regional campuses have access to reports that identify students from their respective college or campus that have not met their financial obligations and are subject to schedule cancellation.

(iii) Students will be notified via e-mail if their schedule of classes are cancelled.

(iv) If a student's schedule is canceled for non-payment, a registration hold will be placed on the student's record. The registration hold is based on a predetermined amount due threshold and will prevent the student from re-enrolling in classes until the account is paid in full.

(v) Students with unpaid balances at or above the established threshold amount after the second due date of the semester are subject to registration holds.

(3) Collection of outstanding student account balances for non-registered students. The bursar's office will make three attempts to send invoices to non-registered students that have outstanding balances with the university. The three invoices will be sent on thirty-, sixty-, and ninety-day billing cycles. If, at the end of the ninety-day billing cycle, a non-registered student continues to have an outstanding balance or fails to enroll in a university approved payment plan, the non-registered student's account will be referred to the office of the Ohio attorney general for collection.

Last updated June 16, 2025 at 10:43 AM

History

  • Effective: June 13, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-05.401 Operational procedures regarding financial responsibility of student organizations.

(A) Purpose. In accordance with rule 3342-7-05.4 of the Administrative Code, the following procedures are implemented by the coordinator of student accounts to assure adherence to the policy stated in rule 3342-7-05.4 of the Administrative Code.

(B) Procedures involving student groups maintaining an account with the university

(1) Each group is required to reconcile its account monthly with the coordinator of student accounts to insure a correct balance.

(2) If a deficit balance occurs, the following actions are taken:

(a) The organization is contacted by the student accounts office.

(b) If a satisfactory commitment is not made to clear the account, it is closed by the coordinator of student accounts and university departments are notified to cease providing services to the particular group.

(c) Failure to pay a legitimate bill may also result in the deregistration of a student group.

(d) When deficit is cleared, the account is reopened and billing departments are notified.

(C) Procedures involving students groups not maintaining an account with the university but utilizing university services.

(1) Student groups not having accounts with the university are not required to reconcile their books with the student account office; however, this office will provide assistance to any organization or group desiring help in maintaining their financial records.

(2) Groups in this category are mailed bills directly for university services. The following procedure is followed in this circumstance:

(a) The university department providing the service mails a bill for that service to the person and address provided by the group.

(b) If the bill is unpaid, the accounts receivable office within the treasurer's office sends a second bill.

(c) If the bill is not paid after the second notice, the student accounts office contacts the group and its advisor.

(d) If satisfactory arrangements are not made to pay the debt, the university services to the group are stopped. This accomplished by the accounts receivable office notifying university departments to cease providing services to the particular group.

(e) Failure to pay a legitimate bill may also result in the deregistration of a student group.

(f) When deficit is cleared, account is reopened and billing departments are notified.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-06 University policy regarding tuition credit for dropped courses.

(A) Policy statement. A student who officially withdraws, as outlined in the university catalog, from all classes or drops one or more courses not later than the first day of classes for the semester may receive a full refund of tuition and course related fees paid or a tuition credit adjustment of tuition and course related fees billed. Students attending the college of podiatric medicine must follow the withdrawal process as described in the official university catalog. The portion of refundable tuition and course related fees and/or tuition credit is determined by the date and time of the official withdrawal.

(B) Requirements. The tuition credit schedule applies to university withdrawals or course withdrawals. The tuition credit percentages apply to the tuition and course related fees assessed for the courses from which a student withdraws. The following are the withdrawal and drop dates with their respective percentages of assessment refundable:

(1) Prior to the first day of classes, one hundred per cent;

(2) Entire first week of classes, one hundred per cent;

(3) Second week of classes, eighty per cent;

(4) Third week of classes, sixty-five per cent;

(5) Fourth week of classes, sixty per cent;

(6) After the end of the fourth week of classes, no refunds will be made.

(C) A comparable prorated tuition credit schedule is calculated individually for summer sessions and other irregular terms.

History

  • Effective: January 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-07 University policy regarding Ohio student residency for state subsidy and tuition surcharge purposes.

(A) Intent and authority.

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

(2) This rule is adopted pursuant to Chapter 115. of the Revised Code, and under the authority conferred upon the Ohio board of regents by section 3333.31 of the Revised Code.

(B) Definitions. For the purposes of this rule:

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

(2) "Financial support" as used in this rule shall not include grants, scholarships, or awards from persons or entities which are not related to the recipient.

(3) For the purpose of determining residency for tuition surcharge purposes at the university, "domicile" is a person's permanent place of abode; there must exist a demonstrated intent to live permanently in Ohio, and a legal ability under federal and state law to reside permanently in the state. For the purposes of this rule, only one domicile may be maintained at a given time.

(4) For the purpose of determining residency for tuition surcharge proposes at the university, an individual's immigration status will not preclude an individual from obtaining residence status if that individual has the current legal status to remain permanently in the United States.

(C) Residency for subsidy and tuition surcharge purposes. The following persons shall be classified as residents of the state of Ohio for subsidy and tuition surcharge purposes:

(1) A dependent student, at least one of whose parents or legal guardian has been a resident of the state of Ohio for all other legal purposes for twelve consecutive months immediately preceding the enrollment of such student at Kent State university.

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

(3) A dependent child of a parent or legal guardian, or the spouse of a person who, as of the first day of a term of enrollment, has accepted full-time employment and established domicile in the state of Ohio for reasons other than gaining the benefit of favorable tuition rates. Documentation of full-time employment and domicile shall include both of the following documents:

(a) Loyer's representative certifying that the parent or spouse of the student is employed full-time in Ohio.

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

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

(1) Criteria evidencing residency:

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

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

(c) If a person is eligible to receive state welfare benefits;

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

(2) Criteria evidencing lack of residency:

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

(b) If a person is a resident or intends to be a resident of another state or nation for any purpose other than tax liability, voting, or receipt of welfare benefits (see paragraph (D)(2)(a) of this rule).

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

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

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

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

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

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

(F) Procedures.

(1) A dependent person classified as a resident of Ohio for these purposes under the provisions of paragraph (C)(1) or paragraph (C)(2) of the Administrative Code and this rule and who is enrolled at Kent state university when his or her parents or legal guardian removes their residency from the state of Ohio shall continue to be considered a resident during continuous full-time enrollment and until his or her completion of any one academic degree program.

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

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

(4) Any person once classified as a nonresident, upon the completion of twelve consecutive months of residency, must apply to the institution he or she attends for reclassification as a resident of Ohio for these purposes if such a person in fact wants to be reclassified as a resident. Should such person present clear and convincing proof that no part of his or her financial support is or in the preceding twelve consecutive months has been provided directly or indirectly of persons or entities who are not residents of Ohio for all other legal purposes, such person shall be reclassified as a resident. Evidentiary determinations under this rule shall be made by the registrar which may require, among other things, the submission of documentation regarding the sources of a student's actual financial support.

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

(6) A student wishing to appeal or change his or her classification as a nonresident must complete and file an "Application for Resident Tuition Status."

(7) A student classified as a nonresident student at the time of admission to the university and qualifies as a resident may appeal the classification to the director of admissions or appropriate admitting officer.

(8) A matriculated student classified as a nonresident and who qualifies as a resident may appeal the classification to the registrar.

(9) Any student denied classification or reclassification by either of the above administrative officers may appeal the denial to the residency appeals committee.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-08 University policy regarding trustee and administrator participation in university events.

(A) Member of the board of trustees may receive up to four complementary tickets to athletic events which they wish to attend.

(B) A trustee, and spouse or one guest, may receive complementary tickets to other university events. For fund-raising event, the trustee may receive complimentary tickets but be given the opportunity to donate to the cause if he/she desires.

(C) University employees, required by virtue of their office or at the request of their vice president to be at university events, or by the function they will perform at the event, will receive complementary tickets for themselves and their spouse or one guest. Other university employees who choose/wish to attend such events will pay the regular price of a ticket to that event.

(D) For university fund-raising events, the university department hosting the event will pay only the actual cost of the event for trustees, university officials and their spouses who are invited as guests. The department may separately invite the guests to make a personal contribution to the fund-raising effort if they so desire. Appropriate and reasonable representation from the office of development should be at all fund-raising events with the expense of the actual cost of their attendance charged to the budget of the office of development.

(E) Invited guests, who receive complimentary tickets and ask to include additional people in their party will be provided ticket(s) at the regular price for the event.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-09 University policy regarding issuance of debt.

(A) Policy statement. This policy provides a framework for implementing the university's debt strategy. This policy should be reviewed periodically and adjusted to satisfy the university's policy objectives. This policy establishes the university's criteria for issuing debt, and the factors to consider when evaluating the long-term capital structure of the university. These factors include the amount of fixed and variable interest rate exposure in the debt portfolio, the amortization of debt, the university's debt capacity, the amount of taxable and tax-exempt debt, and the criteria for refinancing existing debt. This policy will help the university lower its cost of capital, manage its debt risk, and optimize its debt capacity. The board of trustees shall oversee the university's debt issuance strategy in consultation with the senior vice president for finance and administration.

(B) Criteria for issuing debt. The priority of a certain project, the expected use of a facility, and the likelihood that a combination of philanthropy, existing designated reserves and future budget allocations can fund a portion of the cost of a project are significant factors in determining whether debt is the appropriate financing vehicle for a project. Revenue producing assets such as research facilities and residence halls are prime candidates for debt financing due to their ability to help service the debt. In addition, academic projects that allow the university to meet its strategic objectives are often debt financed. Lastly, the cost of core utility and parking improvements are typically debt financed to match the cost to the useful life of the improvement.

(C) Fixed versus variable rate debt. Historical trends indicate that variable rate debt provides the lowest cost of capital, but variable rate debt would introduce operating budget volatility from rising interest rates. Endowment assets, interest rate caps and swaps, and rate stabilization funds all can help to manage variable rate exposure. The university should consider historical interest rates when considering fixed versus variable rate exposure. The specific amount of variable rate exposure would depend on market conditions and the type of facility to be financed. Before issuing variable rate bonds, the university should determine the assumed variable rate for budget purposes, and its plans to address positive and negative variances from the assumed rate.

(D) Retirement of principal. Bonds issued by the university may mature in annual or periodic installments, either as serial bonds or as term bonds with mandatory redemption requirements. A bullet bond structure is one in which all of the principal of the entire bond issue matures on one date. Bullet maturities provide operating flexibility. However, bullet maturities require the financial discipline to charge the current budget for principal amortization that will not occur for several decades. The budget impact of bullet maturities should be determined prior to issuance. To offset the long-term refinancing risk of bullet maturities, the university should not structure all its bonds as bullet maturities and should structure other bonds as serial or term bonds with periodic amortization of principal. Serial, term or bullet bonds may be structured with optional call features that permit them to be retired prior to maturity by early redemption. The university's administration has the opportunity to serve as a "central bank" charging debt service for a particular project to the appropriate budget, and recycling the principal portion of the repayment to fund a different project. While this approach introduces some record keeping complexity, the university will issue bonds less frequently, reducing its risks related to market timing, and transaction costs.

(E) Credit rating debt capacity and operating capacity to service debt. The university should understand the potential impact of any increased debt on its credit rating and the cost of bond insurance before issuing new debt. The university's decision to issue additional debt should be primarily focused on the strategic importance of the new facility and not solely on the potential impact of a change in credit ratings or increase in bond insurance premium. The university should continue to monitor the financial performance of peer institutions because the university's credit ratings are a combination of absolute and relative performance versus peers. In addition to credit rating considerations, the university will need to analyze its ability to service any additional debt without adversely impacting operating budgets.

(F) Taxable versus tax-exempt debt. The university may need to issue taxable debt in the future, depending on the use of the facility. For example, if the use of a facility includes a significant portion of private use or requires flexibility for a future change in use, taxable debt may be preferred. The university should continue to maximize the amount of tax-exempt bonds in the debt portfolio to reduce interest expense.

(G) Refinancing of existing fixed rate debt. The university should monitor the markets for opportunities to refinance existing fixed rate debt for savings.

(1) For the purposes of this policy, "advance refunding" refers to the refinancing of tax-exempt debt with new tax-exempt debt if the optional redemption or maturity date of the refunded bonds are more than ninety days away. An advance refunding can only be accomplished with a taxable structure, at least until the refunded bonds are within ninety days of the optional redemption or maturity date. The university will consider a taxable advance refunding of fixed rate bonds only if present value saving exceed three percent of the par amount to be refunded.

(2) For the purposes of this policy, "current refunding" refers to the refinancing of tax-exempt debt within ninety days of the optional redemption or maturity date. If fixed rate bonds are eligible for a current refunding, the university should refinance the debt if present value savings are greater than one percent of par. Alternatively, the university could refinance the fixed rate bonds with variable rate bonds within ninety days of the optional redemption or maturity date if the university wanted to adjust the mixture of fixed and variable rate bonds in the debt portfolio.

(H) Restructuring of existing university debt. The university may consider restructuring outstanding debt when determined in its best interest by the senior vice president for finance and administration and as recommended to and approved by the board of trustees. The university may restructure debt to remove unduly restrictive bond covenants, smooth irregular debt service payments, achieve costs savings and/or provide budgetary relief.

Last updated June 8, 2022 at 8:18 AM

History

  • Effective: June 8, 2022
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-10 University policy regarding the use of derivative products for managing interest rate risks for institutional debt.

(A) Policy statement. This policy provides a framework for the university's use of derivative products for managing interest rate risks. The policy establishes the university's criteria for using derivative products, and the factors to consider when evaluating their use.

(B) Implementation. The university must have the following in place before using derivative products:

(1) Methods for measuring, evaluating, monitoring and managing risks associated with derivative products, including:

(a) Basis risk the mismatch between actual variable rate debt service and the variable rate index used to determine swap payments.

(b) Tax risk the risk created by potential tax events that could affect swap payments. Careful attention should be paid to tax event triggers in the underlying swap documents.

(c) Interest rate risk how the movement of interest rates over time affects the market value of the instruments.

(d) Counterparty risk the failure of the counterparty to make required payments. This is particularly important if the university has more than one swap with a counterparty and the documents contain cross-default provisions. This can be addressed through the establishment of ratings thresholds and guidelines for exposure levels.

(e) Market-access risk the risk that the university will not be able to enter credit markets or that credit will become more costly. This could occur when a new money issuance or refunding is planned in the future and a future swap contract is currently transacted.

(f) Credit risk the occurrence of an event modifying the credit rating of the university or its counterparty. This is addressed through minimizing cross defaults, the use of swap insurance or the favorable negotiation of credit event triggers in the underlying documentation.

(2) Methods for selecting and procuring derivative products, including when competitive bids and negotiated transactions are warranted, and knowledge of pricing conventions and documentation standards.

(3) Guidelines for proper disclosure of material information relating to executed derivative products in financial statements, to rating agencies, to bond investors and the secondary market. Official Statement disclosure comports with current market practices.

(4) Procedures and personnel responsible for internally managing and monitoring the university's obligations, rates, payments, collateral, accounting and exposures, including counterparty credit, variable rate exposure levels and basis risk.

(C) Legality. In order to use any derivative products, the university must receive:

(1) Board approval, and

(2) An opinion acceptable to the market from a nationally recognized bond counsel firm or general counsel that the agreement relating to the derivative transaction is legal, valid and a binding obligation of the university and that entering into the transaction complies with applicable state and federal laws.

(D) Form of agreement. Master swap agreements entered into by the university shall contain terms and conditions as set forth in the international swap and derivatives association, Inc. ("ISDA") master agreement and such other terms and conditions including schedules and confirmations as deemed necessary by the university's management.

(E) In general, derivative products should be transacted with firms with provider credit ratings of at least "A' category from at least two nationally recognized credit rating agencies. University management may procure derivative products by either competitive or negotiated methods as long as management determines that the university is receiving fair value under the terms of the derivative transactions.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-7-11 University policy regarding identity theft prevention.

(A) Policy statement. Kent state university developed this identity theft prevention program ("Program") pursuant to the implementation of Section 114 of the Fair and Accurate Credit Transactions Act of 2003. The purpose of the act and this policy is to implement a university-wide identity theft prevention program. This program provides for the identification, detection, and response to patterns, practices and/or specific activities known as "red flags" that could indicate identity theft.

(B) Definitions. As used in this policy:

(1) "Identity theft" is a fraud committed or attempted using the identifying information of another person without authority.

(2) "Red flag" is a pattern, practice, or specific activity that indicates the possible existence of identity theft.

(3) "Covered account" includes:

(a) An account that the university offers or maintains that involves or is designed to permit multiple payments or transactions for students, faculty and staff, such as a credit card account, loan, phone accounts, utility accounts, checking accounts, or savings account;

(b) Any other account that the university offers or maintains for which there is a reasonably foreseeable risk to customers of identity theft;

(c) Covered accounts do not include stored value cards (such as laundry cards or dining hall prepaid cards) if the stored value cards do not require an electronic fund transfer from the card holder's account held by the university for the purpose of transferring money between accounts or in exchange for money, property, goods, services or cash.

(4) "Identifying information" is any name or number that may be used, alone or in conjunction with any other information, to identify a specific person or protected information including, but not limited to: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, student identification number, and/or credit card number.

(C) Scope.

This policy contains procedures to:

(1) Identify relevant red flags for new and existing covered accounts and incorporate those red flags into the program;

(2) Detect red flags that have been incorporated into the program;

(3) Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and

(4) Ensure the program is updated periodically to reflect changes in risks to students or to the safety and soundness of the student from identity theft.

(D) Definitions. As used in this policy:

Identification of red flags. The university identifies the following red flags as potential indicators of fraud:

(1) Notifications and warning from credit reporting agencies.

(a) Report of fraud accompanying a credit report;

(b) Notice or report from a credit agency of a credit freeze on an applicant;

(c) Notice or report from a credit agency of an active duty alert for an applicant;

(d) Receipt of a notice of address discrepancy in response to a credit report request; and

(e) Indication from a credit report of activity that is inconsistent with an applicant's usual pattern or activity.

(2) Suspicious documents.

(a) Identification document or card that appears to be forged, altered or inauthentic;

(b) Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document;

(c) Other document with information that is not consistent with existing student information; and

(d) Application for service that appears to have been altered or forged.

(3) Suspicious personal identifying information.

(a) Identifying information presented that is inconsistent with other information the student provides (example: inconsistent birth dates);

(b) Identifying information presented that is inconsistent with other sources of information (example: an address not matching an address on a loan application);

(c) Identifying information presented that is the same as information shown on other applications that were found to be fraudulent;

(d) Identifying information presented that is consistent with fraudulent activity (example: an invalid phone number or fictitious billing address);

(e) Social security number presented that is the same as one given by another student;

(f) An address or phone number presented that is the same as that of another person;

(g) A person fails to provide complete personal identifying information on an application when reminded to do so; and

(h) A person's identifying information is not consistent with the information that is on file for the student.

(4) Suspicious covered account activity or unusual use of account.

(a) Change of address for an account followed by a request to change the student's name;

(b) Payments stop on an otherwise consistently up-to-date account;

(c) Account used in a way that is not consistent with prior use;

(d) Mail sent to the student is repeatedly returned as undeliverable;

(e) Notice to the university that a student is not receiving mail sent by the university;

(f) Notice to the university that an account has unauthorized activity;

(g) Breach in the university's computer system security; and

(h) Unauthorized access to or use of student account information.

(5) Alerts from third-party.

Notice to the university from a student, victim of identity theft, law enforcement or other person that the university has opened or is maintaining a fraudulent account for a person engaged in identity theft.

(E) Procedures.

(1) Student enrollment. In order to detect red flags identified in this policy associated with the enrollment of a student, university personnel will utilize the following procedures, in addition to any other policies or procedures created internally, to obtain and verify the identity of the person opening or using the account.

(a) University personnel must require certain identifying information such as name, date of birth, academic records, home address or other identification; and

(b) University personnel must verify the student's identity at time of issuance of student identification card.

(2) Existing accounts. In order to detect any of the red flags identified above for an existing covered account, university personnel will utilize the following procedures, in addition to any other policies or procedures created internally, to monitor transactions and information on an account.

(a) University personnel will verify the identification of students in person when in receipt of a request for information from the student or a third party;

(b) University personnel will verify the validity of requests to change billing addresses by mail or email and provide the student a reasonable means of promptly reporting incorrect billing address changes; and

(c) University personnel will verify changes in banking information given for billing and payment purposes.

(3) Responding to red flags. In the event university personnel detect any identified red flags, such personnel shall immediately contact his/her supervisor and take one or more of the following steps, depending on the degree of risk posed by the red flag:

(a) Continue to monitor a covered account for evidence of identity theft for a reasonable period of time after such detection;

(b) Contact the student or applicant;

(c) Contact the office of security and access management in the division of information services to change any passwords or other security devices that permit access to covered accounts;

(d) Do not open a new covered account until the new red flag has been cleared;

(e) Provide the student with a new student identification number;

(f) Notify the appropriate office of origin for the record/account in which the red flag was detected;

(g) Notify law enforcement;

(h) In all cases, notify one of the following officials to assess whether attempted transaction was fraudulent or authentic;

(i) University registrar, for student account related issues;

(ii) University bursar, for university account related issues;

(iii) Director of admissions, for admission-related issues;

(iv) Vice president for information services, for university data related issues;

(v) Vice president for human resources, for employee account related issues;

(4) Preventive measures for identifying information. In order to further prevent the likelihood of identity theft occurring with respect to covered accounts, the university will take the following steps with respect to its internal operating procedures to secure identifying or protected information:

(a) Lock file cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with identifying or protected information;

(b) Ensure that its website is secure or provide notice when the website is no longer secure;

(c) Follow university policies for data security when transmitting identifying and/or protected information;

(d) Ensure complete and secure destruction of paper documents and computer filing containing student account information in accordance with the university's record retention schedules;

(e) Ensure that university systems and computers accessing covered account information are password protected and virus definitions and protections are up-to-date;

(f) Avoid use of the social security number as an identifier.

(F) Program administration.

(1) Authority. Responsibility for developing, implementing and updating the red flag program is designated to the program administrator as appointed by the vice president for finance and administration.

(2) Training. At least annually, university personnel and/or office responsible for development, implementation, and administration of the procedures required by this policy shall be trained as necessary. Such attendance will be recorded for monitoring compliance and audit purposes. The report should include at a minimum any significant incidents involving identity theft and the university response, and recommendations for changes to the program and/or policy.

(3) Third-party service providers. It is the responsibility of the contracting department to ensure that the activities of all service providers and contractors are conducted in accordance with reasonable policies and procedures designed to protect, prevent, and mitigate the risk of identity theft. At a minimum, third-party service providers must meet the minimum requirements consistent with the red flag rules at 16 C.F.R. 681.

(4) Updates. The university shall update this policy periodically, when necessary, to reflect that changes in risks to covered account holders or to the safety and soundness of the university from identity theft, based on factors such as the experiences of the university with identity theft, changes in the methods of engaging in or preventing identity theft, and/or changes in the types of accounts that the university offers.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-04

(A) Contracts and agreements including lease agreements negotiated on behalf of the university must be authorized by the president, a vice president or the board.

(B) Any person intending to enter into an agreement which will or may bind the university, any of its subparts, or any of its auxiliaries must obtain prior authorization from the president, a vice president or collective action by the board.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-23

(A) University employment is a trust conferred by public authority for a public purpose. Such status forbids the employee from placing himself or herself in a position in which private interest conflicts with public duty.

(B) Such university employment must follow the provisions set forth in statues of the state of Ohio, specifically as found in Chapter 102. of the Revised Code, "Public Officer-Ethics," regarding maintaining the confidentiality of information and the receipt of compensation from other than the university, and Chapter 2921. of the Revised Code, "Offenses against Justice and Public Administration," relating to private interest in a public contract.

(C) No university employee, by virtue of employment by the university, should receive special treatment or favors from university employees, nor should any personal advantage, pecuniary or otherwise, be gained from such employment. This prohibition includes, but is not limited to:

(1) Receipt of gifts;

(2) Payment, pecuniary or otherwise, for service or materials not accounted for through regular university channels; and

(3) The use of a student's services or labor on the university employee's private property without remuneration.

(D) No university employee, by virtue of his or her employment, should receive special treatments or favors from others who do business with the university, nor should any personal advantage, pecuniary or otherwise, be gained from such employment, without prior approval as outlined below in this rule. See also paragraph (E) of rule 3342-6-24 of the Administrative Code.

(E) Unless prior written approval is granted, no university employee may:

(1) Use university resources, including, but not limited to, supplies, materials, equipment, secretarial or staff time, for personal business matters; or

(2) Use university contacts or positions to further private business or other external activity by soliciting students or fellow employees, to participate in, subscribe to, or purchase the activity or any of its possible products, services, or results.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15

Chapter 3342-8 Regionals

Ohio Adm.Code 3342-8-01.1 Administrative policy regarding faculty tenure in regional campuses.

Policy statement. Regional campus faculty who receive tenure are tenured in the regional campuses and not on the Kent campus. Conversely, Kent campus faculty who are tenured are tenured on the Kent campus and not in the regional campuses.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-8-01.2 Administrative policy regarding summer teaching assignments in regional campuses.

(A) Summer teaching assignments at regional campuses are contingent upon enrollments. Remuneration for these teaching assignments is made from the established regional campus overload and summer salary schedule.

(B) Information regarding summer teaching assignments and the salary schedule is available through the offices of the executive dean for regional campuses and each regional campus dean.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-8-01.3 Administrative policy regarding substitute faculty in regional campuses.

Policy statement. Substitute faculty at the regional campuses are assigned cooperatively, with the approval of the individual academic department and the individual dean for the regional campus required. Compensation for substitute teaching is based on the academic rank of the substitute and is paid from an approved substitute salary schedule.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-8-01.5 Administrative policy regarding athletes in the regional campuses.

(A) General.

(1) The student population at the university's regional campuses is different in terms of age, credit hour load, and interests from the Kent campus student population. A high percentage of regional campus students work (some full-time) while attending classes. This unique student profile prohibits affiliation with the "National Junior College Association" and other two-year external governing bodies since rules by these national associations are designed for full-time students, and compliance with these regulations would unreasonably limit student participation at regional campuses.

(2) The regional campuses have adopted a system of athletic governance by an internal regulatory and controlling body. The regional campus athletic committee is responsible for developing and recommending policy, procedure and guidelines to assure that regional campus athletics serve the needs and interests of our students. Equal opportunity for students and coaches, including an equalization of both budget allocations and coaching stipends for similar men's and women's sports, shall be observed.

(B) Definition of terms.

(1) "Regional campus athletic committee"- a committee meeting at least semiannually to oversee athletics on the regional campuses and make recommendations to the associate vice president for the extended university. This committee, appointed annually by the executive dean for regional campuses, is composed of at least one faculty member or administrator from each campus offering an athletic program and is a subcommittee of the student affairs coordinating council.

(2) "Regional campus varsity sports:- a varsity sport is an intercollegiate athletic activity on the regional campus which is recognized by the administration of the regional campuses, monitored by an internal governing body, (regional campus athletic committee), and financed by student activity funds. Varsity teams may compete with two-year campuses within the Kent state system as well as with other two-year institutions and, under appropriate circumstances as approved by the executive dean for regional campuses with four-year institutions. The feasibility of offering each varsity sports will be reviewed by the campus dean.

(3) Student-athletes. A "student-athlete" is a student who is competing or has competed in a varsity sport during his or her post-secondary academic career.

(C) Player eligibility. To be eligible to participate in varsity athletics at a regional campus a student must meet the following requirements:

(1) The student must be enrolled in and regularly attending at least six semester hours of university credit coursework at the campus where the student will participate.

(2) Student must have earned a grade point average of not less than 1.700 during the previous semester of attendance.

(3) New freshman are eligible upon admission and enrollment in the university if they have established a 1.700 minimum cumulative grade point average from high school records. The certifying authority will be the local campus registrar at the student's campus of record. Student s admitted with a "General Educational Development Examination" certificate must predict a 1.700 grade point average.

(4) Student-athletes must receive passing credit for twelve semester hours of classwork between seasons of competition (this may include summer sessions). The academic credits earned during the season of competition are included in the twelve semester hours required.

(5) Student-athletes are eligible for up to four years of athletic competition. Each year of participation will be subtracted from the remaining years of eligibility. No student may participate more than four years at any campus of the university. Years of participation need not be consecutive years of enrollment.

(6) A year of eligibility will not be charged to a student-athlete if he is unable to play due to injury or illness certified by a licensed physician and is unable to participate the remainder of the season. The injury or illness must occur before the athlete has completed participation in twenty per cent of the team's scheduled games, meets or matches.

(7) A student must meet the appropriate minimum cumulative academic averages based on the 4.000 scale, as defined:

(a) To be eligible to participate as an entering freshman, a student must have a 1.700 minimum cumulative grade point average in high school. Thereafter, the student must have a 1.700 minimum grade point average the semester prior to the semester of actual sports competition.

(b) For participation the second year of eligibility, a minimum cumulative grade point average of 1.700 is required at the end of the first year of competition

(c) For participation the third year of eligibility, a minimum cumulative grade point average of 1.800 is required at the end of the second year of competition.

(d) For participation the fourth year of eligibility, a minimum cumulative grade point average of 1.900 is required at the end of the third year of competition.

(8) An athlete who becomes ineligible at the end of a semester shall be declared ineligible and may not participate after the next semester begins. Any athlete who may gain eligibility after the end of the semester shall be immediately eligible upon recording of grades by the registrar's office.

(9) A new student-athlete enrolling at a regional campus during late registration and after a season of participation has started may become immediately eligible for competition when the athlete's registration has been completed and fees have been paid if the student has met all other eligibility requirements.

(10) A student-athlete not enrolled the fall semester and participating in early registration for spring may not compete in varsity sports until the last day of fall semester classes.

(11) A student-athlete attending a regional campus is not eligible to compete as a member of the varsity team representing the Kent campus when the student's records are housed at that regional campus. Normally a student may only compete on a varsity athletic team at the campus where the student's records are located. If a student competes in athletics at one regional campus and then enrolls in another regional campus for either part or all of his/her total hours, he/she shall have the option of competing in athletics at either campus, with the limitation that he/she may compete at only one campus within a single academic year.

(12) Student-athlete eligibility lists shall be prepared by participating campuses for each varsity sport. The eligibility lists shall be signed by the regional campus dean and sent to the regional campus supervisor of student services on the Kent campus no later than two weeks prior to the first scheduled game of the regular season for each varsity sport.

(13) Athletic eligibility will end upon completion of the four-year baccalaureate degree.

(D) Transfer students.

(1) A student-athlete transferring to a regional campus from a junior college, community college or two-year technical college is not eligible to compete in a varsity sport for one semester form the date of last attendance at the school from which he is transferring. The preceding may be waived for any student having a "letter of release" from the original institution. A transfer student who has not participated in athletics will be immediately eligible to compete in varsity athletics as in paragraph (C)(9) of this rule.

(2) A student-athlete transferring to a regional campus form a four-year institution will be eligible to participate when it has been determined by the campus registrar that all requirements for eligibility have been met.

(3) Transfer student-athletes should also have accumulated twelve semester hours of successful classwork between season of competition.

(4) A student-athlete who has played in the sport at another four-year institution during one semester of competition may not transfer to a regional campus and participate in that sport during the same season. A student-athlete who has not participated in that sport at another university is eligible when all the requirements listed in paragraph (D)(2) of this rule have been met.

(E) Other regulations.

(1) The total number of dates scheduled shall not exceed twenty. This does not include the end-of-season state tournament.

(2) All contests played among university regional campus teams, as well as intercollegiate teams from branches of other universities, community colleges, technical colleges, four-year institutions (varsity or junior varsity squads), business schools, etc., shall count as scheduled dates. Each guaranteed tournament game played during the regular season shall also be counted as a scheduled date.

(3) Alumni games shall be considered exhibition games and are not shown in the win-loss record nor counted as scheduled dates.

(4) During the season of play a student-athlete participating may not play for a team in an industrial league or recreation league not sponsored by the regional campus. One high school alumni is permitted.

(5) Each student-athlete must pass a medical examination yearly prior to his participation in sports at the regional campus. A physician's signed statement should be kept on file in the appropriate office.

(6) Regional campuses should attempt to play within their own competitive skill level and against teams with similar philosophies of athletics. The university regional campuses should five priority to each other in scheduling for all mutually established sports.

(F) Sports are approved for varsity competition on the basis of student interest. Each campus reserves the right to discontinue a sport on the basis of lack of student interest and/or lack of funds.

(G) Regional campus intramurals. Each regional campus also offers a variety of local intramural sports. These competitive activities are recognized by the administration of the campus, offered by the student activities association, and are financed by the student activity funds. The particular intramural sports offered on each campus are determined by current levels of student interest. Each campus reserves the right to discontinue an intramural sport on the basis of lack of student interest and/or lack of funds.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-8-01.6 Administrative policy regarding administration of student conduct.

(A) General.

(1) Authority for developing policies of student conduct and a procedural due process is established in section 3345.21 of the Revised Code. The intent of these policies is to facilitate the maintenance of an orderly academic climate conductive to a satisfactory learning experience for each individual enrolled at Kent state university.

(2) The university has provided for the implementation of these procedures by establishing rule 3342-4-02 of the Administrative Code and this register. Each regional campus shall observe the following guidelines to insure procedural compatibility within the multi-campus system.

(B) Operational procedures.

(1) Each regional campus dean shall appoint a student conduct coordinator. The student conduct coordinator should be a member of the campus dean's administrative staff. This appointment will be for one calendar year beginning the fifteenth of April of each year.

(2) Each regional campus dean shall also recommend at least two full-time faculty or staff members as hearing officers.

(a) One of the hearing officers will be designated as an alternate to serve as needed. The term of service for the hearing officers will be for one calendar year beginning the first of July of each year.

(b) Each campus dean shall submit his recommendation of persons to serve as campus hearing officers to the dean for student affairs for transmittal to the president of the university for final appointment and notification.

(C) Operational parameters for addressing alleged violations.

(1) The student committing an alleged breach of conduct is reported to the regional campus student conduct coordinator. The conduct coordinator.

(a) Advises and explains the conduct procedure to the person reporting the alleged offense.

(b) Advises and explains the conduct procedure to the student charged.

(c) Schedules conduct hearing.

(d) Facilitates the hearing process.

(2) The hearing officer hears the case, renders a decision or judgment, and completes the prescribed reports and records. The hearing will be conducted in accordance with procedures stipulated and detailed in paragraph (H) of rule 3342-4-02.101 of the Administrative Code and this register. The hearing officer notifies the conduct coordinator of the outcome of the hearing.

(3) In accordance with paragraph (K)(2) of rule 3342-4-02.101 of the Administrative Code and of this register, notification of the outcome of the decision will be conveyed by the conduct coordinator to both the student charged and to the complaining party and/or appropriate university officials.

(4) The conduct coordinator completes the necessary administrative work and files the case records in the office of the campus dean

(D) Appeals. Appeals will be handled in accordance with paragraph (I) of rule 3342-4-02.101 of the Administrative Code and of this register.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02

(A) Purpose. The university board of trustees is responsible by law for regulating the use of the grounds, buildings, equipment and facilities of the university. The board of trustees is also responsible for assuring that the conduct of the students, staff, faculty and visitors to the campus permits the university to pursue its educational objectives and programs in an orderly manner.

(B) Requirements.

(1) To meet these responsibilities, the board of trustees shall adopt standards of conduct for the students, faculty, staff, and visitors to the campus and may provide for suspension from classes or employment, expulsion from the university, and/or ejection from university property of persons who violate such regulations.

(2) The board of trustees shall provide for the administration and enforcement of its rules and may authorize the use of state university law enforcement officers and other university officials to assist in enforcing university policy and the law on the campus.

(C) Scope. In accordance with university policy, the president shall have the responsibility and authority for the discipline of all students. The authority to impose the formal sanctions specified in this rule may be delegated to university officials or hearing panels by the president. Disciplinary action under this rule may be taken against a person who has applied for admission as a student to the university, whether or not the individual is registered for classes. Disciplinary action may also be taken against student organizations. The president (or designee) review any case which comes within the purview of the university policy regarding administration of student conduct.

(D) Jurisdiction. The code of student conduct shall apply to conduct occurring on university premises, at university-sponsored activities, and to off-campus conduct that adversely affects the university community and/or the pursuit of its objectives. Behavioral conduct is the responsibility of each student from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment. The code of student conduct shall apply to a student's conduct (or student organization's) conduct even if the student withdraws (or the student organization ceases functioning/loses university-recognized status) from the university while a disciplinary matter is pending. The senior vice president for student life (or designee) maintains discretion to decide, on a case by case basis, whether the code of student conduct shall be applied to conduct occurring off campus.

(E) Procedural standards. Students and student organizations shall adhere to operational procedures for the administration of student conduct under this rule or rule 3342-4-02.1 of the Administrative Code. The procedural standards shall be readily accessible to all students and student organizations.

(F) Responsibility for administration of this policy. The primary responsibility for the supervision of student conduct at the university has been delegated to the senior vice president for student life. The senior vice president for student life may establish such administrative procedures as are necessary to fulfill the intent of the code of student conduct. These administrative procedures shall be in writing and published in conjunction with the code of student conduct.

The president authroizes the senior vice president for student life to establish administrative procedures as necessary to fulfill the intent of this rule. The senior vice president for student life may delegate the responsibility to direct the student conduct process to the director of student conduct.

(G) All-university hearing board. In recognition of the student right to self-govern by and through the undergraduate student government, the all-university hearing board is established to administer non-conduct related matters involving students. Accordingly, the all-university hearing board shall not have the authority to intervene in the student conduct process administered by the university, and the purview of such board shall be limited to the scope as currently provided for in rule 3342-2-08 of the Administrative Code.

(H) Revisions. Updates and other changes to the code of student conduct shall be submitted to the senior vice president for student life. The senior vice president for student life retains the authority to immediately enact and enforce changes to the code of student conduct.

Last updated August 1, 2024 at 7:36 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-4-02.101

(A) Definitions.

(1) Accusation formal allegation of specific conduct violation(s).

(2) Adjudication the process by which the university conducts disciplinary meetings, hearings, or other actions, bringing matters to resolution.

(3) Administrative conversation - informal discussion with the director of student conduct (or designee) that is educational and informative in nature, and shall not result in binding decisions. An administrative conversation is considered a reasonable request.

(4) Administrative hearing - a student conduct process involving one Kent state university hearing officer. An accused student(s), an accused student organization(s), and complainant(s), a witness(es), and investigator(s), and conduct advisor(s), and support person(s) may participate for the puprose of rendering a determination of responsibility and sanctioning (if applicable); see rule 3342-4-02.1 of the Administrative Code.

(5) Appeal the method by which due process and/or a decision can be challenged; all appeals must be submitted in writing to the office of student conduct, and may only be considered if it is in accordance with the code of student conduct procedures.

(6) Complaint written or electronic statement or report provided from any person to the office of student conduct; not all complaints result in incident reports or adjudication through the student conduct process.

(7) Complainant a person, persons, unit/office, or student organization who submits a report alleging that a student or student organization violated university rules, regulations, or policies.

(8) Code of student conduct document that contains and explains university rules, regulations, policies, and procedures for addressing student and student organization behavior.

(9) Conduct advisor any person who advises a student or student organization regarding university policies or procedures. A student may have one person serving as a conduct advisor. A conduct advisor may participate in the questioning part of a hearing. If an accommodation is required for a rspondent or complainant, a person such as an interpreter, sign language communicator, or physcial needs assistant may attend a hearing and will not be counted as a conduct adviser.

(10) Conflict of interest

  • bias for or against any party in the student conduct process.

(11) Consent - an action defined as the voluntary, unambiguous and uncoerced agreement to participate in an act, the nature and full extent of which is understood by all parties. Silence or lack of resistance cannot be the sole factor in determining consent. Consent may be given verbally or nonverbally. All parties are responsible for confirming that their counterpart's consent is maintained throughout the act and is present before engaging in a new act. A person may be incapable of giving consent due to physical incapacitation, physical or mental disability, threat, coercion, the influence of drugs, or age.

(a) Coercion - when an individual unreasonably pressures another to engage in sexual activity, despite responses that the conduct is unwelcome or unwanted. Coercion includes elements of pressure, duress, cajoling, and compulsion. The pressure to participate may also be considered unreasonable when the pressuring individual is in a position of influence or authority over the other individual.

(b) Incapacitation - a state where a person lacks the capacity to reasonably appreciate the nature or extent of the situation because of their physical or mental status, developmental disability, or alcohol or drug use.

(12) Deliberation private meeting by a student conduct hearing officer/panel/administrative hearing officer to render a determination of responsibility and sanctioning (if applicable). A student conduct convener may be present during deliberation.

(13) Director of student conduct - staff member assigned with overseeing the office of student conduct. At regional campuses, this may be referred to by a different title, such as "student conduct coordinator."

(14) Disciplinary probation sanction specifying a period of time during which a student or student organization who has been found responsible for any violation may be subject to immediate disciplinary suspension and/or dismissal in the event of a subsequent violation.

(15) Disciplinary suspension sanction of involuntary separation of a student or student organization from the university for a specific period of time (a student may be assigned persona non grata status effective the date of suspension).

(16) Disciplinary dismissal sanction of involuntary separation of a student or loss of university-recognized student organization status from the university indefinitely (a student may be assigned persona non grata status effective the date of dismissal).

(17) Disciplinary record the record of a student conduct process and its findings; all disciplinary records are considered educational records based on the Family Educational Rights and Privacy Act (FERPA).

(18) Hearing officer any Kent state university faculty, staff, or student who has been appointed to a student conduct decision-making role by the director of student conduct and has been trained through the office of student conduct.

(19) Hearing panel a student conduct process involving at least two and no more than three Kent state university faculty, staff, or student hearing officer, and a student conduct convener. An accused student(s), an accused student organization(s), and complainant (s), a witness(es), and investigator(s) and conduct advisors, and support person(s) may participate for the purpose of rendering a determination of responsibility and sanctioning (if applicable); see rule 3342-4-02.1 of the Administrative Code.

(20) Incident report a complaint or information that is reviewed by the office of student conduct and may be adjudicated through the student conduct process.

(21) Interim action an immediate action determined by the senior vice president for student life (or designee) that may limit a student's or student organization's specific privileges, including but not limited to no contact order(s), restriction from specific facilities or locations, cease and desist mandates, participation in student organization business or activities, suspension of student status, or loss of university-recognized student organization status, etc.; see rule 3342-4-02.1 of the Administrative Code.

(22) Police/investigator University police services, other police agency representative, or non-police investigator (including office of compliance / Title IX representative) who may provide information resulting from an investigation.

(23) No contact order states that a student or student organization may have no direct or indirect contact with another person, student organization, or student organization member (including by another person on behalf of the person to whom the order was issued); prohibited contact includes but is not limited to making a contact by way of personal (verbal or non-verbal), physical, phone, and/or electronic means including social media.

(24) Persona non grata a student, student organization, or visitor who has been deemed detrimental to the university community and thus is not permitted to be present on Kent state university property or any or specified university locations.

(25) Preponderance of the evidence the standard in determining if a student or student organization is responsible for a violation; the complainant must show that it is "more likely than not" that the alleged behavior occurred and was in violation of university rules, regulations, or policies.

(26) Recognized student organization a group of students who go through the process outlined in rule 3342-4-11.201 of the Administrative Code and is registered (officially or as an interest group) referred to in the code of student conduct as "student organization."

(27) Report of finding written decision that explains the outcome of a student conduct hearing, or other action.

(28) Respondent a student or student organization that has been accused, informally or through an incident report, of violating university rules, regulations, or policies.

(29) Retaliation. A retaliatory action is any materially adverse action taken against a person because they participated in the process for reporting against a person because they participated in the process for reporting or in an investigation regarding complaints of prohibited conduct accusations. A materially adverse action is one that might deter a reasonable person from participating in the process. It may include, but is not limited to, termination, discipline, and harassment, but does not include petty slights, minor annoyances, or trivial punishment.

(30) Sanction requirements set forth upon a finding or individual / organizational acceptance of responsibility for a violation of university rules, regulations or policies through the student conduct process.

(31) Sanction hearing a student conduct process involving an accused student(s) and a hearing officer (and student conduct convener), where the accused student(s) has, prior to this hearing, accepted responsibility for accusations, and the hearing officer renders a sanctioning decision; see paragraph (C)(4)(a) of rule 3342-4-02.1 of the Administrative Code.

(32) Student any person who has applied to or enrolled at the university in any of its courses, programs, campuses, or offerings, including, but not limited to, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit; see rule 3342-1-01 of the Administrative Code.

(33) Student conduct convener director of student conduct (or designee) responsible for logistics and procedures associated with the student conduct process; the student conduct convener may simultaneously serve as a hearing officer.

(34) Student conduct process inclusive of all processes for students or student organizations from the time an incident report is referred to student conduct for adjudication through the conclusion of the appeal process in accordance with university policy and this code of student conduct.

(35) Support person - a student may have one person serving as a support person. A support person is an individual selected by either a compainant or respondent to provide support to the student through the conduct process. A support person may not participate in questioning. If an accommodation is required for a respondent or complainant, a person such as an interpreter, sign language communicator, or physical needs assistant may attend a hearing and will nt be countd as a support person.

(36) University - Kent state university as established in Chapter 3341. of the Revised Code.

(37) Warning - Sanction stipulating that inappropriate behavior, if repeated, may lead to a more severe sanction.

(38) Witness any person who has direct information regarding an alleged incident; and/or a professional with demonstrated experience (such as a licensed health care professional) in a field directly related to an element relevant to the hearing.

(B) Prohibited conduct. Students and student organizations are expected to abide by federal, state, and local laws and ordinances, as well as to adhere to all university rules and regulations contained in the university policy register. Any student or student organization found to have committed or to have attempted to commit the specified forms of misconduct is subject to sanctioning outlined in paragraph (C) of this rule. Prohibited student conduct accusations are assigned by a complainant(s) or the director of student conduct (or designee) and should include the specific of prohibited conduct the respondent is accused of violating. Adjustments to assigned prohibited conduct may be made prior to a hearing by the director of student conduct (or designee), with notice to the respondent and complainant as appropriate, in accordance with paragraph (C)(5) of rule 3342-4-02.1 of the Administrative Code. Violations include but are not limited to the following.

(1) Alcohol.

(a) Use or possession of alcoholic beverages except as expressly permitted by law, university rules, regulations, or policies.

(b) Distribution of alcoholic beverages except as expressly permitted by law and university rules, regulations, or policies.

(c) Public intoxication - being unable to care for one's own well-being or having a disruptive impact on the community due to the influence of alcohol.

(d) Violation of residence hall policies pertaining to alcohol listed in the hallways handbook.

(2) Animals. Possession or accompaniment of animals in any university building at any time. Exceptions include service animals, assistance animals, authorized laboratory animals, allowable pets within specific residence services guidelines, and any other applicable university rules, regulations, and policies.

(3) Complicity. Presence during any violation of university rules, regulations, or policies in such a way as to aid, abet, or conspire in the (attempted or carried out) violation.

(4) Computer/information technology misuse. Not in accordance with rule 3342-9-01 of the Administrative Code, including but not limited to:

(a) Use of computing facilities, computing equipment, software or networks to harass or defame any other person, create or knowingly propagate a virus, hacking, password cracking, unauthorized viewing of others files, willful modification of hardware and software installations, unauthorized monitoring, spamming, private commercial purposes, improper web publishing, or breach of electronic information security.

(b) Violation of the Digital Millennium Copyright Act of 1998.

(5) Controlled substances. Use, possession, sale or distribution of narcotics, controlled substances, and/or related paraphernalia except as expressly permitted by law, university rules or regulations.

(6) Destruction/misuse of property.

(a) Destroying, defacing, tampering with, materially altering or otherwise damaging property not one's own. This includes but is not limited to doors, windows, elevators, swipe card mechanisms, restroom equipment, vending machines, university vehicles, computer equipment, classroom equipment, etc.

(b) Creating a condition that endangers or threatens property not one's own.

(7) Discrimination. Action based on race, color, religion, gender, sex, sexual orientation, national origin, ancestry, disability, genetic information, age, and military or veteran status that limits the group or individual's ability to participate in the university's educational and employment opportunities. See rule 3342-5-16.1 of the Administrative Code.

(8) Disorderly conduct. Actions that are disorderly, lewd, or indecent; and/or breach of peace; and/or aiding, abetting, and/or procuring another person to breach the peace or obstruct teaching, research, administration, or university activities or functions.

(9) Fire safety.

(a) Tampering with, or misuse of, fire alarms and/or firefighting equipment, including but not limited to: fire extinguishers, fire hoses, heat and smoke detectors, sprinkler systems, or other safety devices.

(b) Possession of flammable items, including but not limited to: candles, incense, or other items which maintain a purpose of being used in a flammable way.

(c) Arson. Causing a fire or explosion, or unauthorized use of any potential incendiary device / equipment.

(d) Violation of the residence hall policies pertaining to fire safety listed in the hallways handbook.

(10) Gambling. Gaming or betting for money or other possessions on university property or in any university operated or managed facility in violation of university rules, regulations, and policies. except as expressly permitted by law.

(11) Gender based discrimination. All persons are protected from unlawful discrimination.

(a) Pregnancy. Unlawful gender discrimination includes, discrimination based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions.

(b) Gender identity. Regardless of an individual's actual or perceived sexual orientation, discrimination and harassment based on a person's gender identity, or non-conformity to stereotypes associated with a particular gender, is prohibited. This includes discrimination based on an individual's transgender identity.

(12) General safety. Failure to conform to university safety regulations, including, but not limited to, health/safety regulations issued by the president (or designee), residence halls policies outlined in the hallways handbook and campus laboratory guidelines.

(13) Harassment.

(a) Threatening or intimidating a person creating a rational fear within that person.

(b) Engaging in unwanted conduct or repeatedly committing acts directed at another person that would disrupt the educational process.

(c) Creating a condition that endangers or threatens the health, safety or welfare of another person.

(d) Physically restraining or detaining another person, or removing any person from any place where the individual is authorized to remain.

(14) Hazing. Doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization or any act to continue or reinstate membership in or affiliation with any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person, including coercing another to consume alcohol or a drug of abuse, as defined in section 3719.011 of the Revised Code. This applies to any act, intended or carried out, whether or not the act is voluntarily agreed upon; see rule 3342-4-07 of the Administrative Code.

(15) Impaired driving. Operating a motor vehicle while under the influence of controlled substances and/or alcohol.

(16) Misrepresentation. Knowingly distorting or altering the truth when providing information to an official(s) carrying out assigned duties and responsibilities, including but not limited to: falsification of admissions application, possessing false identification, or falsification of documents provided to university faculty or staff.

(17) Physical violence. Punching, slapping, kicking, or otherwise striking any person(s); and/or other conduct which threatens or endangers the health, safety, and/or welfare of any person.

(18) Reasonable request. Failure to comply with a reasonable request of an official(s) carrying out assigned duties and responsibilities, including but not limited to a person instructing a class, a librarian or designee in a library, a police officer, or a residence services staff member.

(19) Recording privacy. Using electronic or other means to make an audio, video, or photographic record of any person in a location where there is a reasonable expectation of privacy, without the person's prior knowledge and written consent. The storing, sharing, and/or distributing of such unauthorized records by any means are prohibited. This includes but is not limited to: taking video or photographic images in showers/locker rooms, residence hall rooms, and restrooms.

(20) Residence hall policies. Failure to comply with residence hall policies outlined in the hallways handbook, including but not limited to guest/escort, room capacity, quiet/courtesy hours, misuse of university keys, facilities policies, improper room change.

(21) Sexual harassment. Conduct of the basis of sex that satisfied one or more of the following: unwelcome conduct determied by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university' education program or activity.

(a) Sexual assault, which includes the following:

(i) Rape (except statutory rape). The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(ii) Sodomy. Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(iii) Sexual assault with an object. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.

(iv) Fondling. The touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim, including instances where the victim is incapable of giving consent becuase of their age or because of their temporary or permanent mental or physical incapacity.

(b) Dating violence. Violence committeed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

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

(d) Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress.

(22) Smoking and tobacco use. Failure to comply with smoking and tobacco prohibitions in accordance with rule 3342-5-21 of the Administrative Code.

(23) Student conduct process. Non-compliance with or misuse of the student conduct process, including but not limited to:

(a) Falsification, distortion, or misrepresentation of information before a student conduct hearing officer, hearing panel, or convener.

(b) Disruption or interference with the orderly procedures of a student conduct hearing.

(c) Attempting to discourage an individual's or student organization's proper participation in, or use of, the student conduct process.

(d) Attempting to influence the impartiality of, or to intimidate, participants in the student conduct process prior to, and/or during the course of, a student conduct proceeding.

(e) Retaliation against any individual who participates in a complaint of a violation described in this policy.

(f) Failure to comply with the sanctions(s) imposed under the code of student conduct.

(24) Theft. Using, taking, and/or possessing property or services that are knowingly not one's own (or owned by a student organization) and/or without permission of the owner.

(25) Trespassing/unauthorized entry. Knowingly entering or remaining in a building, office, residence hall room or any other properties at any time without appropriate permission or authorization.

(26) University grounds.

(a) Use of university space and grounds by an organization or person without reservation of the space or proper authorization.

(b) Operation or use of scooters, bicycles, skateboards, rollerblades, or other recreational items in any university building or facility; on any artificial or specially prepared surface including but not limited to tennis courts, running tracks and basketball courts; on a sidewalk, walkway, steps, or a stairway that duly interferes with pedestrian traffic and/or demonstrates a lack of necessary caution regarding pedestrian right-of-way; in a reckless or unsafe manner on university grounds.

(27) University rules. Violation of university rules, regulations, or policies.

(28) Weapons.

(a) Possession, storage, or use of firearms, explosives, other weapons, or dangerous chemicals on or in any Kent state university property, facility, or event; unless authorized by an appropriate university official or permitted by a university policy. This includes but is not limited to ammunition, brass knuckles, fireworks, airsoft guns, bb guns, paintball guns, pellet guns, pistols, rifles, shotguns, taser/stun guns, nun chucks, swords, etc. Any object not mentioned in this rule that is used to intimidate, threaten or harm may be considered a weapon.

(b) Possession, storage, or use of firearms, explosives, other weapons, or dangerous chemicals off campus that are prohibited by law.

(C) Sanctions. Sanctions are designed to be educational, restorative, and preventative. Sanctions may include but are not limited to:

(1) Alcohol, drug, and/or other education course;

(2) Community service;

(3) Counseling referral;

(4) Disciplinary dismissal;

(5) Disciplinary probation;

(6) Disciplinary suspension;

(7) Educational workshop;

(8) Letter of apology / reflection paper;

(9) No contact order;

(10) Persona non grata (PNG) status (campus access restriction);

(11) Residence hall restriction and/or room/hall changes;

(12) Revocation of student organization recognition;

(13) Restitution for damages;

(14) Warning; and/or

(15) Other as deemed appropriate.

Last updated August 1, 2024 at 7:37 AM

History

  • Effective: August 1, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-8-01.7 Administrative policy regarding establishment of undergraduate student governmental bodies at each regional campus.

(A) Policy statement. The authority for establishing regional campus undergraduate student governments is established in rule 3342-2-08 of the Administrative Code, the undergraduate student government charter. Under this rule, the undergraduate student government (USG) will serve as the student government for each campus.

Each regional student government is recognized as a representative voice of the student body's interests, concerns, and needs for each campus. Each USG shall serve as the liaison between the campus student body, the undergraduate student government, and the university administration.

(B) Implementation. Each USG should adopt internal procedures including but not limited to by-laws, statues, legislation and may establish elected or appointed officers.

(C) Review. All undergraduate student government regulations and/or procedures will be reviewed by the dean, or designee, of each campus prior to implementation.

History

  • Effective: April 1, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-2-08

(A) Preamble.

(1) The authority, which exists on the campus of Kent state university, is the authority of the state of Ohio delegated by law to the board of trustees of the university and through them to such agencies, as they deem proper. Recognizing our lack of sovereignty in this regard, we use the term "undergraduate student government" to pertain to the primary vehicle by which the undergraduate student body provides its input into the university community.

(2) We, the undergraduate students of Kent state university, in order to define and secure our rights and status in the university community, and in order to provide for the common betterment and general welfare of the undergraduate student body and the university and to insure meaningful student participation in total university governance, do hereby establish this revised charter for the undergraduate student government of Kent state university.

(B) Undergraduate student government, herein after referred to as the USG which are the representative bodies on the following campuses: Ashtabula, East Liverpool, Geauga, Kent, Salem, Stark, Trumbull, and Tuscarawas.

(1) Powers, responsibilities, and limitations.

(a) The legislative powers of the USG and the determination of all matters of policy, except as otherwise provided in this charter, shall be vested in the USG. It shall have the ultimate authority and responsibility within the USG framework to: (i) provide for the common betterment and general welfare of the undergraduate student body. (ii) ensure meaningful student participation in total university governance across all eight campuses.

(b) In pursuit of these functions, the USG shall have the following powers and responsibilities:

(i) Shall authorize or approve the creation of all positions within the jurisdiction of the USG.

(ii) Shall establish criteria for minimum standards for all elected and appointed members of the USG. These standards shall be set forth in the by-laws of the USG. Failure to meet these standards will be grounds for disqualification.

(iii) Shall be responsible for considering student opinion.

(iv) Shall coordinate undergraduate student participation in established channels of university policy making through the appointment of undergraduate students to all university committees and positions which have undergraduate student representation.

(a) Such appointments shall be made in accordance with this charter and applicable university policies.

(b) The USG may remove any of these appointees as articulated in its by-laws.

(v) Shall ensure proper channels of communication both internally between students, faculty, staff and the administration as well as with parties external to the university.

(vi) Shall channel the execution of its resolutions and bills through the president of USG and thereby to the university administration or to such appointees as sit on the appropriate university committees.

(vii) Shall exercise or delegate such additional authority as may be entrusted to USG by the board of trustees or its designees.

(viii) Shall ensure that the USG is perpetuated under this charter and shall provide for a smooth transition to a new USG by ensuring the education and training of newly elected or appointed representatives. The president shall oversee the transition of the new USG by conducting, together with the outgoing and/or the incoming president, a series of training workshops during the period between the election and the beginning of fall semester.

(c) In the pursuit of its responsibilities and functions the USG shall have the following limitations:

(i) No member of the USG shall hold any position of employment in the administrative service of the USG, during the elected or appointed term.

(ii) No member of the USG shall hold any other position on campus for which scholarship is received, with the exception of work-study or other university employment.

(2) Membership. The membership is comprised of the USG members from the representative bodies on the following campuses: Ashtabula, East Liverpool, Geauga, Kent, Salem, Stark, Trumbull, and Tuscarawas.

(a) Kent campus. Nine undergraduate students shall be elected at-large from the undergraduate student body on the Kent campus to serve a term of one year. Ten undergraduate students shall be elected at-large from within ten academic colleges of the Kent campus to serve a term of one year. Six undergraduate students shall be appointed to represent specific constituencies of undergraduate students of the Kent campus to serve a term of one year.

(b) Regional campuses. Each USG shall elect or appoint a minimum of three designated representatives with one of those representatives being named the president.

Unless otherwise provided for in this rule, the recognized USG at each regional campus shall be governed by rule 3342-8-01.7 of the Administrative Code.

(C) The president.

(1) Duties. The president shall act as chief spokesperson of the USG in communication with the administration, the student body, and the community. In this capacity, the president is charged with representing the view of the USG. The president shall be considered the coordinator of all administrative functions and bodies of the USG.

(2) Responsibilities.

(a) The president shall be responsible to the USG for the proper administration of the USG and shall be required to:

(i) Serve as chairperson of the USG and as such shall have all the powers and limitations of a member with the exception of additional powers and limitations as follows:

(a) Shall preside over the USG meetings and ensure order and progress through the use of parliamentary procedure.

(b) Shall serve as a non-voting member of the USG. The president may, however, as provided for in Robert's Rules of Order, make or break a tie on any matter of business.

(c) Shall communicate the resolutions of the USG to the appropriate persons.

(ii) Use the president's authority to make reasonable requests of USG members in an effort to fulfill the responsibilities of the USG.

(iii) Recommend to the USG the removal of any individual member of the USG who is consistently negligent in the performance of the members' duties and responsibilities.

(iv) Use discretion in directing issues to the appropriate members. The aforementioned clause shall not supersede any chartered powers or responsibilities of any member of the USG.

(v) Oversee the routine business functions of the USG.

(vi) Perform all duties, which may reasonably be requested by the USG.

(vii) Oversee all expenditures authorized to the applicable USG.

(viii) Exercise control over all departments, programs, and positions placed under the president's purview by the USG.

(ix) Recommend to the USG such measures, as deemed necessary and expedient.

(x) Receive, validate, and submit to the USG all initiative petitions and depositions.

(xi) Report to the USG at all regular meetings on all actions, the current financial position of the USG, and current or future needs of the USG and the undergraduate student body, and report either verbally or in writing on all official functions when requested.

(xii) Shall receive and act within fifteen academic class days, upon all valid petitions, defined under paragraph (E) of this rule, which shall be presented to the president.

(xiii) Shall consider any issue presented by an undergraduate student or group to the president in the form of a signed deposition stating the issue and bearing the signatures of one representative who agrees to consider the issue.

(xiv) Shall consider and act, within fifteen academic class days, upon all recommendations made by the president in the form of a signed deposition and bearing the signature of one other representative who agrees to consider the issue.

(D) The judicial function. The all university hearing board is established through the authority of the university code of student conduct, rule 3342-4-02 of the Administrative Code to recommend sanctions regarding the violation of university rules and regulations; the all university hearing board is vested with the judicial authority for the USG.

(1) Structure. Should the nature or structure of the all university hearing board be substantially altered by any means, this article will be submitted by the USG for referendum to the undergraduate student body; such referendum shall determine the composition and powers of the all university hearing board under the judicial function.

(2) Composition. There shall be four undergraduate positions on the all university hearing board. Students shall be appointed to these by the USG. There shall be no graduate student position on the board for purposes of the jurisdiction herein defined. Other sections of university policy which pertain to the nature and structure of the all university hearing board are valid for purposes of this document except as provided for paragraph (D)(1) of this rule.

(3) Jurisdiction. With regard to USG, the all university hearing board shall have jurisdiction to hear and decide all:

(a) Cases concerning interpretations of the charter of the USG of Kent state university.

(b) Cases concerning the legality, with respect to this charter, of all USG resolutions and bills.

(c) Cases concerning charges of fraud, malfeasance, or illegal procedure taking place within any general student election.

(d) Cases concerning disputes between student organizations or between a student or students and any organization or organizations.

(E) Initiative petitions and referenda.

(1) The USG shall hold a referendum under the following conditions.

(a) If a two-thirds majority of the USG across all eight campuses votes in favor of holding a referendum; or

(b) If the president receives a valid initiative petition; or

(c) If each USG across the eight campuses vote to hold a referendum based on their specific campus needs; voting will be held only on the campus who initiated the referendum.

(2) Initiative petitions. A valid initiative petition shall contain the valid written signatures and kent.edu email of registered undergraduate students, as listed in paragraph (E)(3) of this rule. Such petitions shall be submitted to the president for validation and referral to the USG.

(3) Requirements. Legal and valid petitions bearing the written signatures and kent.edu email of the following percentages of the registered undergraduate student body shall be sufficient for the purpose indicated:

(a) Two per cent to require the USG to consider a particular issue.

(b) Eight per cent to require a referendum on any specified issue or issues.

(c) Eight per cent to require a referendum on proposed charter amendments.

(d) Eight per cent to require a referendum on recalling a USG officer.

(F) Amendments.

(1) Proposal of amendments. Amendment proposals to this charter may be submitted for referendum as prescribed in paragraph (E)(1)(a) or paragraph (E)(1)(b) of this rule or by an affirmative vote of two-thirds majority of the USG across the eight campuses.

(2) Ratification. Amendments shall be valid as part of this charter when ratified by a majority of the undergraduate student bodies across the eight campuses casting ballots in a referendum and after the approval of the board of trustees.

(G) USG - Kent.

(1) Kent campus elections.

(a) Elections shall occur between the eighth and the eleventh (inclusive) regular academic class weeks of the spring semester.

(b) Each candidate will declare one position and will petition and campaign for only that declared position.

(c) Each undergraduate student of Kent campus may vote for one candidate for each USG position.

(d) The candidate receiving the highest number of votes for each of the nineteen elected USG positions will take office within twenty regular academic class days after the official election results are announced and shall serve for one year barring recall, resignation or disqualification.

(2) Status of members at the Kent campus.

(a) The positions at the Kent campus shall be known as follows:

(i) President;

(ii) Director of governmental affairs;

(iii) Director of community affairs;

(iv) Director of programming;

(v) Director of student involvement;

(vi) Director of student advancement;

(vii) Director of marketing and communications;

(viii) Director of academic affairs;

(ix) Director of business and finance;

(x) Senator for the college of architecture and environmental design;

(xi) Senator for the college of the arts;

(xii) Senator for the college of arts and sciences;

(xiii) Senator for the college of business administration;

(xiv) Senator for the college of communication and information;

(xv) Senator for the college of education, health and human services;

(xvi) Senator for the honors college;

(xvii) Senator for the college of nursing;

(xviii) Senator for the college of applied engineering, sustainability & technology;

(xix) Senator for the college of public health;

(xx) Senator for university college;

(xxi) Senator for the residence halls;

(xxii) Senator for off-campus and commuter students;

(xxiii) Senator at large;

(xxiv) Senator at large;

(xxv) Senator at large;

(b) Position descriptions for the twenty-five USG positions listed in paragraphs (G)(2)(a)(i) to (G)(2)(a)(xxv) of this rule will be defined by the USG-Kent by-laws.

(c) The USG may delegate any other authority and responsibility within itself as it sees fit.

(3) Removals, vacancies, and reassignments of members of USG-Kent.

(a) Removal by petition. A petition of eight percent of the Kent campus undergraduate student body may require a referendum to recall any USG official from office. Such referendum shall be held within fifteen academic class days after the receipt of a valid petition. See paragraph (F) of this rule.

(b) Declaration of vacancy. In case of a USG member's persistent failure to abide by the charter and by-laws as established by the USG, the seat of said member shall be declared vacant through a resolution of the USG. Said resolution must be approved by a two-thirds vote of USG members present at a regular or special meeting called for this purpose.

(4) Filling of USG vacancies at the Kent campus.

(a) If any USG member shall cease to be an undergraduate student, resign, be disqualified, or otherwise vacate a position on or before October first, the USG, within fifteen academic class days of the acknowledgement of the member's inability to remain in their position, shall hold a special election, or if applicable interview process, for the assignment of that particular USG position.

(b) In the event that a USG position is not filled during the regular election, a special election will be held for the purpose of filling the vacant USG position(s). The special election will be held within fifteen academic class days following the general election.

(c) In the event that after a USG position becomes vacant after October first, or that after a special election is held the USG position(s) remains vacant, the USG shall appoint by three-fourths majority vote a person to fill each vacancy within fifteen academic class days.

(5) Procedures of USG on the Kent campus.

(a) The USG shall develop by-laws determining its own rules and procedures and shall have available minutes of all meetings upon request.

(b) Quorum to conduct business for an executive cabinet meeting shall be five members, with the presence of the president counting in establishing quorum. A concurring vote of a majority of the USG executive cabinet members casting votes, except as otherwise noted within the charter and by-laws of the USG, shall be required for passage of all business. Quorum to conduct business for a regular meeting shall be thirteen members, with the presence of the president counting in establishing quorum. A concurring vote of a two-thirds majority of the USG members casting votes, except as otherwise noted within the charter and by-laws of the USG, shall be required for passage of all legislation as well as the annual USG budget.

(c) The USG shall have regular public meetings at such times as may be prescribed by its rules, but not less frequently than twice each month. All meetings shall be open to the public, but the USG reserves the right to move into executive session.

(d) Special meetings may be called by the president or any five members of the USG executive cabinet on twenty-four hours notice as stated in rule 3342-9-01.2 of the Administrative Code, Administrative policy regarding electronic communications for students. The purpose of a special meeting shall be stated in the notice and no other business shall be transacted at said meeting.

(e) The USG-Kent shall determine the distribution process for all monies for which the USG-Kent has been delegated authority.

(i) The undergraduate student activities tuition allocation monies, with the exception of the "May 4th" commemoration allocation, shall be distributed between standing committees of the USG. These standing committees shall exist as follows:

(a) An allocations standing committee, chaired by the director of business and finance, for the purpose of allocating funds to requesting student organizations for programming and conferences and for academic conferences for individuals at the Kent campus.

(b) A programming board standing committee, chaired by the director of programming, for the purpose of providing USG managed programming for undergraduate students.

(H) Undergraduate student government staff of USG- Kent.

(1) Appointment and removal.

(a) The president, with the advice of the USG, will appoint staff personnel necessary to carry out the functions of the USG. These appointees must then be confirmed by majority vote of the USG at the next public meeting following the appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the president will make a new appointment to be confirmed by majority vote.

(b) The director of business and finance, with the advice of the USG, will appoint undergraduate students to the allocations standing committee. These appointees must then be confirmed by majority vote of the USG at the next public meeting following the appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the director of business and finance will make a new appointment to be confirmed by a majority of the USG.

(c) The director of programming, with the advice of the USG, will appoint undergraduate students to the programming board standing committee. These appointees must then be confirmed by majority vote of the USG at the next public meeting following the appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the director of programming will make a new appointment to be confirmed by a majority of the USG.

(d) Any member of the staff, allocations standing committee, or programming board standing committee may be removed by the president, with the advice and consent of a majority of those members present at a regular or special meeting called for that purpose.

(e) Any vacancies of the at-large positions of the allocations standing committee or programming board standing committee shall be filled by an appointee of the respective standing committee chairperson, with the advice of the USG. These appointees must then be confirmed by majority vote of the USG at the next public meeting following appointment. The appointees will assume their duties, as described in the by-laws of the USG, upon confirmation. Should any appointee not be confirmed, the respective member will make a new appointment to be confirmed by a majority of the USG.

(2) Functions.

(a) The staff will be coordinated by the president in accordance with paragraph (C)(2)(a)(viii) of this rule.

(b) The staff will assist the members in carrying out their duties and responsibilities.

(I) Implementation. This rule shall become the official charter of the USG of Kent state university upon approval by the undergraduate students in a general referendum and approval by the board of trustees. This charter applies to the representative bodies across all eight campuses and shall supersede all previous charters of the USG.

History

  • Effective: April 1, 2016
  • Promulgated Under: 111.15

Chapter 3342-9 Technology

Ohio Adm.Code 3342-9-01 University policy regarding information technology administration.

(A) Policy statement. The division of information technology shall serve as the responsible office for implementation, development, administration, security and support of university computer, network, application, telecommunications, or other information technology resources.

(B) The vice president for information technology and CIO is responsible for developing and implementing technology policies, standards and practices in furtherance of the university's mission.

History

  • Effective: January 1, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-9-02 University policy regarding acceptable use of information technology resources.

(A) Purpose: to outline the acceptable use of university computer, network, application, telecommunications, data in digital form, or other information technology resources (hereinafter called technology resources) in order to ensure that all members of the campus community understand their responsibilities when using or accessing technology resources and to safeguard these resources.

(B) Policy statement: All users of university technology resources, whether or not affiliated with the university, and notwithstanding geographical location are responsible for their appropriate use, and by their use, agree to use them in an ethical, responsible manner and will comply with applicable federal, state and local laws and university policies. An attempt to engage in a prohibited activity is considered a violation whether the attempt is successful or not.

(C) Users with access to university technology resources must agree to and accept the following:

(1) Use of university supplied technology resources shall be for purposes that are consistent with the mission of the university. Ability to access university resources not otherwise supplied does not, by itself, imply authorization to do so.

(2) Be accountable for and only use accounts, passwords, and/or authentication credentials that they have been authorized to use for their role at the university.

(3) Only share data with others as allowed by applicable policies and procedures, and dependent on their assigned role.

(4) Comply with the security and privacy controls on all information technology resources used for university business, including but not limited to mobile and computing devices, whether university or personally owned.

(5) Comply with intellectual property rights, licensing and contractual agreements related to information technology resources.

(6) Respect the rights and privacy of others.

(7) Take responsibility for the content of their personal communications.

(8) Take reasonable care to safeguard equipment entrusted to them.

(9) Acknowledge that the principle of academic freedom shall apply to public communication in all these forms of communication, as well as in the transmission of information in both the physical and virtual classrooms.

(10) Acknowledge that the university may access data files in the course of its normal supervision of the network or system (i.e., backing up of electronic messaging material), when exigent circumstances arise (i.e., evidence of reported violations of policies or laws), or when the university receives requests pursuant to section 149.43 of the Revised Code (the Ohio Public Records Act).

(11) Acknowledge that the university cannot guarantee the absolute security and privacy of data stored on university technology resources.

(D) Unacceptable use includes and is not limited to the following list. Users are not permitted to:

(1) Share authentication details or provide access to their university accounts with anyone else (e.g., sharing the password).

(2) Impersonate another person, misrepresent their affiliation with another person or entity, engage in fraud, or hide or attempt to hide their identity.

(3) Circumvent, attempt to circumvent, or assist another in circumventing the security controls in place to protect technology resources and data.

(4) Knowingly download or install software onto university technology resources or use software applications, which may interfere or disrupt service, or do not have a clear administrative, academic, research or scholarly use.

(5) Engage in activities that interfere with or disrupt users, equipment or service; distribute viruses or other malicious code; or install software, applications, or hardware that permits unauthorized access to technology resources.

(6) Conduct unauthorized scanning of university technology resources.

(7) Engage in inappropriate use, including but not limited to:

(a) Activities that violate state or federal laws, regulations, technology resource licensing, or university policies.

(b) Harass, discriminate or defame others.

(c) Widespread dissemination of unsolicited and unauthorized electronic communications.

(8) Engage in excessive use of enterprise technology resources, including but not limited to network capacity or enterprise server storage and computing capacity. Excessive use means use that is unrelated to academic or employment-related needs, or that interferes with other authorized uses.

(9) Use any means to view, gain access to, intercept data or network traffic, use facilities, accounts, access codes, privileges or technology resources not intended for their viewing or use.

(10) Use the university's technology resources for commercial or for financial gain not related to the university's administrative operations, academic, research, and scholarly pursuits.

(11) Represent personal electronic communications as being an official position of the university.

(E) Incidental personal use of technology resources, including email, is permitted provided that this use does not interfere with university operations, violate university policies, create an inappropriate atmosphere for employees in violation of law or university policy, generate incremental identifiable costs to the university, and/or negatively impact the user's job performance.

(F) Enforcement and administration

(1) Determination of violations shall be made in accordance with established applicable due process procedures (i.e., student code of conduct, collective bargaining agreement, academic and administrative grievances and appeals policies, as appropriate).

(2) Users who violate this policy may be denied access to university technology resources and may be subject to other penalties and disciplinary action, both within and outside of the university. The university may temporarily suspend or block access to an account, prior to the initiation or completion of such procedures, when it reasonably appears necessary to do so in order to protect the integrity, security or functionality of university or other technology resources or to protect the university from liability. The university may also refer suspected violations of applicable law to appropriate law enforcement agencies.

(3) The vice president for information technology and CIO is responsible for administering this policy.

Last updated July 8, 2021 at 10:32 AM

History

  • Effective: July 8, 2021
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-9-02.1 Administrative policy regarding responsible use of information techology.

(A) Purpose. To ensure compliance with the university policy on responsible use of information technology, Kent state university establishes the following administrative policy which supplements university policy and any guidelines or regulations developed by individual units of the university, as well as applicable federal and state laws.

(B) User responsibilities.

(1) University assigned accounts ("UserID"), computer and network access accounts are for the personal use of that individual only. Accounts are to be used for the university-related activities for which they are assigned.

(2) Sharing of access. Computer accounts, passwords, and other types of authorization are assigned to individual users and should not be shared with others. Individual users are responsible for the use of their accounts. If an account is shared or the password divulged, the holder of the account may lose all account privileges and be held personally responsible for any actions that arise from the misuse of the account.

(3) Unauthorized access. Individual users may not run or otherwise configure software or hardware to intentionally allow access by unauthorized users.

(4) Termination of access. When individual users cease being a member of the campus community (i.e., withdraw, graduate, or terminate employment or otherwise leave the university), or if an individual user is assigned a new position and/or responsibilities within Kent state university, access authorization may be reviewed. Users must not use facilities, accounts, access codes, privileges or information for which they are not authorized.

(5) Circumventing security. Users are prohibited from attempting to circumvent or subvert any system's security measures. Users are prohibited from using any computer program or device to intercept or decode passwords or similar access control information.

(6) Breaching security. Deliberate attempts to degrade the performance of a computer system or network or to deprive authorized personnel of resources or access to any Kent state university computer or network is prohibited. Breach of security includes, but is not limited to, the following:

(a) Creating or knowingly propagating viruses;

(b) Hacking;

(c) Password cracking;

(d) Unauthorized viewing of others' files;

(e) Willful modification of hardware and software installations.

(7) Abuse of campus computer resources is prohibited and includes, but is not limited to:

(a) Unauthorized monitoring. A user may not use computer resources for unauthorized monitoring of electronic communications.

(b) Spamming. Posting a personal or private commercial message to multiple list servers, distribution lists or news groups with the intention of reaching as many users as possible is prohibited.

(c) Private commercial purposes. The computing and networking resources of campus shall not be used for personal or private commercial purposes or for financial gain

(C) Enforcement. Users who violate this policy may be denied access to university computing resources and may be subject to other penalties and disciplinary action, both within and outside of the university. Violations will normally be handled through the university disciplinary procedures applicable to the relevant user. The university may temporarily suspend or block access to an account, prior to the initiation or completion of such procedures, when it reasonably appears necessary to do so in order to protect the integrity, security or functionality of university or other computing resources or to protect the university from liability. The university may also refer suspected violations of applicable law to appropriate law enforcement agencies.

(D) Reporting. Anyone who learns of misuse of software, hardware, or networks may report the activity by contacting the helpdesk at 330-672-HELP (4357) or helpdesk@kent.edu. The call will be referred to the appropriate unit.

Last updated June 25, 2021 at 8:15 AM

History

  • Effective: December 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-9-02.2 Administrative policy regarding electronic communications for students.

(A) Purpose. To establish guidelines for the provisioning, use, maintenance, and closure of student email accounts.

(B) Scope. This policy applies to all individuals who have been accepted for admission, and enrolled students.

(C) Procedures

(1) A university email account will be provisioned for each student upon acceptance to the university. Students will receive information regarding access to and use of the account as part of their onboarding process.

(2) Email is the official university means of electronic communication.

(3) The student email account is intended primarily for:

(a) Receiving official communications from the university.

(b) Corresponding with faculty, advisors, and administrative offices regarding academic and administrative matters.

(c) Participating in academic coursework and university-sponsored activities.

(4) The email account will remain active during the admissions process and through the student's period of enrollment at the university.

(5) The university will maintain the email account for a period of up to two years post-graduation or post discontinuance of coursework. After this two-year period, the email account and all associated data may be permanently deleted.

(6) Former students may request closure of their university email account at any time after graduation or withdrawal by submitting a formal request in writing to security@kent.edu.

(7) Mass and targeted electronic communication. The distribution of mass communication to all students or targeted communication to a specific subset of students shall be restricted to Kent state university departments and university partners for university business. External requests will not be honored.

(8) Educational uses of email. Faculty may determine how email and other electronic communications will be used in their classes and it is recommended that faculty expectations of all electronic communication requirements be specified in their course syllabus. Faculty should expect that students are accessing official electronic communications and should use such communications for their courses accordingly.

(D) Responsibilities

(1) Students are responsible for adhering to rules 3342-9.02 and 3342-9.02-1 of the Administrative Code.

(2) The university may also use other forms of electronic communication, including but not limited to text-messaging, information portals, and messaging tools in learning management systems. It is expected that students will review all messages sent to their university assigned email account on a regular and timely basis. The university cannot guarantee that messages sent to their assigned email account will be forwarded to third party platforms (e.g. personal email accounts).

(E) Implementation. The vice president for information technology shall be responsible for the implementation of this policy.

Last updated September 2, 2025 at 7:34 AM

History

  • Effective: August 30, 2025
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-9-02.3 Administrative policy regarding web publishing.

(A) Introduction. This policy applies to all Kent state university web sites and web pages that are available generally through the worldwide web or the internet. This policy applies to all web pages and sites except those: (1) primarily intended for instruction or research; (2) primarily used in support of student, faculty or staff organizations; and (3) personal web sites.

(B) Procedural standards. Members of the university community are expected to follow all policies, rules, procedures and guidelines established to manage web resources. The divisions of university relations and development and information services are jointly responsible for promulgating the rules, procedures and guidelines outlined in this policy.

(C) Guidelines for implementation.

(1) University relations and development will develop and maintain guidelines called guide to web standards to govern web publications covered by this policy. University relations and development will work closely with information services, faculty and other appropriate stakeholders in developing these guidelines.

(2) To achieve the overall advancement of Kent state university's unique institutional brand identity, as defined in the Kent state university positioning platform, web sites and web pages covered by this policy are governed by the guide to web standards.

(3) It is Kent state university's policy that all web sites and web pages covered by this policy will be compliant with the Americans with Disabilities Act.

(4) The university, through university relations and development and information services, is responsible for maintaining web resources (including but not limited to: site development and design, style guidelines, logo libraries, on-campus training and information about compliance with the Americans with Disabilities Act) for the university community.

(5) University relations and development and information services will assist departments, divisions and all units covered by this policy in identifying noncompliant elements and will provide help to departments to bring departmental web sites into compliance with this policy.

(6) University relations and development, along with information services, will be responsible for securing ongoing, appropriate technical support for Kent state university's institutional web site and departmental web sites that are housed on the university server. Those departments choosing to maintain web sites on independent servers are responsible for the security and maintenance of the servers and web sites.

(7) Copyright and ownership of internet materials, whether original or derived works, created or developed by Kent state university staff, faculty or students are prescribed by Kent state university contractual agreements or policies regarding intellectual property.

(8) No web page can contain any copyrighted or trademarked material without permission except as permitted by law. Photographs, drawings, video clips or sound clips may not be used on a page without permission of the person who created them or the entity owning the rights except as permitted by law.

(9) Limited commercial sponsorship is permitted on web sites covered by this policy if all of the following conditions are met:

(a) The commercial entity must be sponsored by a department or unit of the university;

(b) A commercial sponsorship agreement must be signed by the commercial entity, approved at the vice presidential level and reviewed by university counsel;

(c) Commercial sponsorship must meet the requirements set forth in the appropriate section of the guide to web standards.

(d) Use of logos, trademarks or other identifying elements not associated with the university should be avoided except as noted in paragraphs (C)(9)(a) to (C)(9)(c) of this Administrative Code. Hosting of commercial sponsor's web pages or web sites is prohibited.

(10) Other than basic identification information described in the guide to web standards, this policy is not intended to specify content.

(11) All requirements and restrictions in any other Kent state university policies remain in force and are not considered superseded by this policy.

Last updated June 25, 2021 at 8:15 AM

History

  • Effective: December 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-9-03 University policy regarding information technology security administration.

(A) Purpose: to ensure that all members of the campus community understand their responsibilities to protect the security of technology resources and preserve reliability, integrity, and availability of information.

(B) Policy statement: The university requires the use of technologies and data in digital form in order to carry out its teaching, research, and administrative missions. The university, through the division of information technology, will develop and publish policies and practices designed to secure university information resources.

(C) Responsibilities: Implementation of information security policies is delegated to the vice president for information technology and CIO. The vice president may delegate certain responsibilities for implementation of policies and practices in furtherance of this rule to the chief information security officer (CISO) or other appropriate delegate. The appropriate delegate will have primary responsibility for:

(1) Oversight of information security.

(2) Implementation and enforcement of this policy.

(3) Development, revision, approval, and oversight of information security policies, procedures, and guidelines pursuant to this policy.

(4) Educating the university community about information security responsibilities.

Last updated March 18, 2024 at 9:26 AM

History

  • Effective: March 17, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-9-03.1 Administrative policy regarding electronic information security.

(A) Purpose. The purpose of this policy is to enable the use of innovative technology by members of the university community while utilizing available resources to mitigate the risk of unauthorized access or disclosure. All computer systems either accessing or storing institutional data or operating on the university network must meet the information security standards as defined or otherwise referenced in this rule.

(B) Definitions.

(1) Application. A set of one or more computer programs designed to permit users to perform a group of coordinated functions, tasks, or activities. Examples of applications include but are not limited to: student support systems, administrative support systems, databases, and other application programs installed by the user or administrator on a device or server. For the purpose of this rule, covered applications are limited to those applications running or installed on university-owned information technology, on any server and/or storage device used to hold or transmit institutional data, or any cloud-based server and/or storage device.

(2) Physical server. A dedicated physical computer on a network that is capable of accepting requests from multiple university clients and providing responses accordingly.

(3) Virtual server. A server created through the use of software known as a hypervisor that allows a single physical computer to be partitioned into multiple server computing units.

(4) Storage device. A device used for recording and storing information (i.e. institutional data).

(5) Network attached storage device. A computer connected to a network that provides only file-based data storage services to other devices on the network.

(6) Firewall. A part of a computer system or network that is designed to block unauthorized access while permitting outward communication.

(7) Institutional data. All data created, collected, maintained, recorded or managed by the university, its staff, and agents working on its behalf. It includes data used for planning, managing, operating, controlling, auditing and reporting on university functions. When appropriate, institutional data may also include research data that contains personally identifiable subject information, or proprietary university information.

(C) Scope. This policy applies to all student employees, faculty, staff, (collectively "university stakeholders") and third parties acting on behalf of Kent state university as well as any other university affiliate authorized to access or is in possession of Kent state university institutional data and IT resources. This policy applies but is not limited to all computer systems (applications, physical servers, virtual servers, and storage devices) that process or store university information. The policy applies both to computer systems that are run locally at Kent state university campuses and those that are hosted or maintained by outside vendors. Exceptions to this policy must be approved by the vice president for information technology and formally documented. Exceptions will be reviewed on a periodic basis and may be withdrawn at the discretion of the vice president for information technology.

(D) Procedures.

(1) The division of information technology ("IT" or "information technology") is responsible for documenting the required security standards, updating on a periodic basis, and posting to the IS website at security.kent.edu. (a) Such security standards as adopted and maintained by the division of information technology are intended to ensure adherence to the standards set forth by existing laws and regulations, such as but not limited to: sections 1349.19 and 149.43 of the Revised Code; the Family Educational Rights and Privacy Act; and the Health Insurance Portability and Accountability Act.

(2) Existing computer systems (applications, servers, and storage devices) will be audited against the current standards.

(3) All new requests for computer systems (applications, servers, and storage devices) must be reviewed by information technology to ensure the proposed system meets the security standards.

(4) University stakeholders must receive prior approval from the division of information technology before utilizing externally managed services, applications, and servers.

(a) Vendors of externally managed services and applications shall be required to complete the vendor security checklist prior to engagement of such resources or transmission of institutional data. Such checklists must be reviewed by IS.

(b) Service agreements and terms of use shall be submitted by the requesting university stakeholder for review by information technology and other university stakeholders as required under rule 3342-5-04.1 of the Administrative Code.

(c) Any storage of institutional data with external service providers requires the prior approval of information technology.

(5) Servers and network-attached storage devices operating on the Kent state university network shall be secured according to the risk they pose to institutional data, to critical university processes, or to the ongoing compliance of the university to state, federal or other regulations.

(a) Servers and network-attached storage devices will be located in the data center if they:

(i) Contain sensitive personal identifiable information (PII);

(ii) Fall under state, federal, or other regulatory compliance obligations;

(iii) Directly integrate with other servers located in the data center;

(iv) Provide mission-critical functions to departmental faculty, staff, or to students; or

(v) Provide or impact financial-related processes.

(b) Access to the data center shall be controlled by IS operations staff.

(c) All data center devices shall reside behind IS-managed firewalls.

(d) Remote access shall be approved and managed by IS office of security and access management.

(6) All applications are subject to vulnerability assessments by IT. In the event of the identification of a critical vulnerability, IT shall require remediation in order for the user and/or server/storage device to remain on the network.

(7) The use or storage of sensitive institutional data (including but not limited to personally identifiable information, or other information protected from unauthorized disclosure by law, regulations or policy) on any server or storage device for any purpose must adhere to the processes, standards, and requirements as directed by IT office of security and access management.

(8) Domain names other than kent.edu acquired by university stakeholders for the operation of applications must be obtained and registered through information technology.

(9) Violations of this policy may result in suspension or loss of the user's access to computing, storage, or network resources, with respect to institutional data and university-owned information technology.

Last updated March 6, 2024 at 3:45 PM

History

  • Effective: December 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-5-04.1

(A) Purpose statement. This policy designates the process by which university officials are authorized to negotiate and enter into contracts on behalf of Kent state university in accordance with the authority established in rule 3342-5-04 of the Administrative Code.

(B) Scope. This policy applies to all employees at Kent state university ("university employees"), whether temporary, term, or continuing, part-time or full-time positions. This policy applies to original contracts and agreements, as well as all amendments, alterations, modifications, corrections, changes and extensions.

(C) Definitions.

(1) Contract. For the purpose of this policy, "contract" means all written agreements intending to have legal effect between two or more parties where Kent state university, or any department within the university, constitutes one of the contracting parties.

(a) The term "contracts" includes, but is not limited to, memorandums of understanding, agreements, service contracts, settlement of disputes, rental/lease agreements, affiliation agreements, liability waivers, assignments of rights and/or licensing agreements.

(b) The term "contracts" does not include internal agreements between department/units of Kent state university.

(c) Exclusions. This policy does not apply to the following: faculty and adjunct instructor employment agreements executed by the senior vice president for academic affairs and provost, employment contracts executed by the division of human resources, student employment contracts executed by the executive director of the office of career exploration and development, contracts executed by student organizations, or private and personal matters of employees. This policy does not apply to, nor does it seek to replace, the board of trustees as the contracting authority for certain agreements as required by Chapters 3341. and 3345. of the Revised Code or rules 3342-2-01 and 3342-5-04 of the Administrative Code.

(2) Contracting authority. For the purpose of this policy, "contracting authority" means university personnel who hold a delegation of signatory authority in accordance with this rule and rule 3342-5-04 of the Administrative Code.

(3) Vice president. For the purposes of this policy, "vice president" shall mean the officer responsible for an administrative or academic division of the university as appointed by the president and approved by the Kent state university board of trustees.

(D) Implementation.

(1) Authority to contract. In accordance with rule 3342-5-04 of the Administrative Code, the Kent state university board of trustees, the president of the university, or vice presidents hold the authority to contract on behalf of Kent state university. This rule provides for the formal delegation of such authority to other university employees as may be necessary for the proper maintenance and successful and continuous operation of the university.

(2) Delegation required. With exception to the authority referenced in paragraph (D)(1) of this rule, university employees shall not enter into a contract for the purchase of goods or services or otherwise obligate Kent state university to perform any obligation, including but not limited to an obligation to pay any sum of consideration, unless the university employee holds a delegation under this rule.

(3) Delegation in writing. A university employee may contract on behalf of the university if provided a written delegation by the Kent state university board of trustees, the president of the university, or a vice president.

(a) A written delegation must contain all of the following elements:

(i) The employee's administrative job title ("position");

(ii) Effective date and term of the delegation;

(iii) Scope of employee's contracting authority;

(iv) Restrictions, limitations of employee's contracting authority;

(v) Signature of the board, president, or vice president, as may be applicable; and

(vi) Signature of the university employee accepting and acknowledging the terms of the delegation.

(b) Limitation. Except as otherwise provided for in this policy, written delegations may not be made more than two administrative levels below that of the vice president or dean, or more than two administrative levels below that of the regional dean, without written approval by the president of the university. For example, if a college has a dean, an associate dean, and an assistant dean, the delegation may not be made below that of the assistant dean without written approval by the president of the university. In the event that a delegation is made lower than two administrative levels, the signature of the president is required.

(i) Exceptions to paragraph (D)(3)(b) of this rule:

(a) Delegation in university policy. A university employee may contract on behalf of the university if the university employee's specific position is delegated the authority to contract under another rule within agency 3342 of the Administrative Code. Such delegation is limited to the conditions and scope provided for in the applicable policy in which the delegation is provided and must be in writing.

(b) Delegation as an "institutional official." A university employee may contract on behalf of the university as an "institutional official." For the purposes of this rule, an "institutional official" means an individual holding a position that is required by state or federal law to serve as the university's designated official for reporting or contracting purposes. Such delegation shall be in writing.

(4) Delegation by position. A university employee holding one of the following positions may contract on behalf of the university to the extent that such authority is limited to the scope of the operations relative to the applicable academic structure:

(a) Regional deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective campus, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(b) College deans shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective college, including agreements necessary to secure non-clinical student placements, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years.

(c) Associate deans and school directors shall be authorized to review and execute contracts necessary for the continuing and successful operation of their respective school, and for a total value not to exceed twenty thousand dollars and not to exceed a contract term of two years.

(d) Associate provosts shall be authorized to review and execute contracts necessary for the continuing and successful operation of the division of academic affairs, including affiliation agreements with health care providers for the clinical placement of students, as directed by the provost, and for a total value not to exceed forty-nine thousand dollars and not to exceed a contract term of two years; or

(5) Retention. Original executed delegations must be filed with the senior vice president for finance and administration, or designee, prior to the effective date of such delegation.

(6) Revocation. Delegations may be revoked at any time by the assigning board, president, or vice president.

(7) Conflict of interest. In accordance with the ethics laws of the state of Ohio and as further provided for in rule 3342-6-23 of the Administrative Code, any university employee provided with a delegation of authority may not enter into any contract that involves the university employee, the employee's family, business associates, or any organization with which the employee is associated. In that event the university employee should immediately notify the delegating authority that a conflict of interest exists and withdraw from any participation in the transaction.

(a) Review required. Any university employee provided with a delegation of authority under this policy must also submit a conflict of interest disclosure form pursuant to rule 3342-6-23 of the Administrative Code to the Kent state university board of trustees, president of the university, or vice president at the time of request which shall be kept on file with the original delegation. The form is available from the division of finance and administration. It is the responsibility of the university employee submitting the conflict of interest disclosure form to amend the statements in the form and notify the university employee's supervisor if there is any material change in the information initially submitted.

(E) Contracting process.

(1) Responsibilities of initiating party. The university employee initiating the contract on behalf of the university is responsible for reading the contract entirely, negotiating its substantive terms, and determining the following:

(a) The contract language accurately reflects the current state of negotiations and is sufficiently clear and consistent;

(b) The contract meets programmatic and university strategic mission requirements;

(c) The contract is in the best interests of the university and the contract term is reasonable in duration;

(d) The obligations placed on the university in the contract are in compliance with current university procedures and policies; and

(e) The contract includes the appropriate substantive content to describe the obligations of both parties with reasonable specificity.

(2) If the contract falls under the purview of rule 3342-6-04.3 of the Administrative Code, the initiating university employee must follow the review process required therein prior to initiating any further review of the contract required by this rule.

(3) If the value of the contract exceeds the thresholds established by rule 3342-7-12 or falls under the purview of rule 3342-7-12.1 of the Administrative Code, the initiating university employee must follow the approval processes required therein prior to initiating any further review of the contract required by this rule.

(4) The initiating party is further responsible for the negotiation of all substantive items in the contract, and is solely responsible for the resulting terms and conditions contained therein. Once the substantive terms have been agreed to by the initiating university employee, the initiating university employee must then submit the contract for the mandatory reviews required as provided in this rule.

(5) Mandatory review by the office of the provost. The office of the provost must review any contract between the university (or any unit within the university) that outsources a part of or all of its education programs (i.e. degrees or certificates offered for academic credit) to a third-party entity. Review conducted under this paragraph must be concluded prior to review under paragraphs (E)(6), (E)(7), and (E)(8) of this rule.

(6) Mandatory review by the division of information technology. In accordance with rule 3342-9-03.1 of the Administrative Code, vendors who will receive, transfer, store, or otherwise have access to university data must be subject to review by the office of security and access management with regard to the university's data security policies and standards prior to submission to the office of general counsel.

(a) In accordance with rule 3342-4-16 of the Administrative Code, the division of information technology will also work with internal units to review the substantive requirements of the contract with regard to the university's electronic and information technology accessibility standards.

(7) Mandatory review by general counsel. All contracts prior to execution must be submitted to the office of the general counsel for review as to legal form and sufficiency. General counsel will return the contract to the initiating employee for further revision if necessary. Failure to provide the contract for counsel review could affect several statutory protections reserved for public officials employed by the university including, but not limited to, immunity and indemnification.

(8) Mandatory review by the division of finance and administration. After review by general counsel, the initiating university employee must provide such contract for review by the senior vice president for finance and administration, or his/her designee, if the contract obligates the university to pay funds of one hundred thousand dollars or more for the term of the contract pursuant to rule 3342-7-12 of the Administrative Code. Upon review, the division of finance and administration will return the contract to the initiating university employee for further revision if necessary.

(9) Contract execution. After all appropriate approvals have been received and documented and both parties are in mutual agreement to the terms, both parties must sign the contract before any action called for in the contract can occur. Once executed by the contracting authority, the contract must be fully executed (signed by both parties) with one copy to be provided to the contracting authority (if different from the initiating employee).

(10) Contract retention. The contracting authority is responsible for the retention of the contract, which may be kept in a readable and compliant electronic format. The contract must be kept on file for at least the term of the contract plus five years or as required by the university's record retention schedule, whichever is longer. The record retention schedule can be found on the office of general counsel's website at www.kent.edu/generalcounsel.

(11) Filing the final, fully executed contract. Once a contract is fully executed, it must be filed in a central contract management system managed by the division of finance and administration.

(F) Prohibitions. Failure to follow this policy or to ensure that the appropriate contracting authority is obtained during the execution of a contract and/or agreement may result in the temporary or permanent revocation of the contracting authority of the initiating party as provided for in under this rule. No contract signed by a person without contracting authority as delegated by the board or this policy shall be binding on the university. Under no circumstances may a delegation under this rule be provided to a temporary employee, part-time employee, student employee, independent contractor, or volunteer.

Last updated June 17, 2024 at 8:49 AM

History

  • Effective: June 15, 2024
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-9-04 University policy regarding data handling.

(A) Policy statement. The university requires the use of institutional data in order to carry out its teaching, research, and administrative missions. The university, through the division of information technology, will develop and publish policies designed to protect and use institutional data in a manner that is ethical, efficient, and supports the university's strategic goals.

(B) Responsibilities. Implementation and enforcement of institutional data handling policies is delegated to the vice president for information technology and CIO. The vice president may delegate certain responsibilities of the policies and practices in furtherance of this rule to the chief data officer (CDO) and other appropriate delegate, which may include:

(1) Oversight of data handling. "Data handling" is defined as the secure collection, storage, transmission, and disposal of institutional data.

(2) Oversight of data privacy. "Data privacy" is defined as the adherence to regulatory and industry standards regarding handling personal protected information and other forms of institutional data.

(3) Oversight of data classification. "Data classification" is defined as the process of defining and categorizing institutional data.

(4) Development, revision, approval, and oversight of data handling policies, procedures, and guidelines pursuant to this policy.

(5) Educating the university community about ethical use of data, safeguarding data, and data management responsibilities.

Last updated March 18, 2024 at 9:26 AM

History

  • Effective: March 17, 2024
  • Promulgated Under: 111.15

Chapter 3342-10 Research and Economic Development

Ohio Adm.Code 3342-10-01 University policy regarding research and sponsored programs administration.

(A) Policy statement. In furtherance of the mission of the university to provide a foundation and support for research and collaboration, the division of research and sponsored programs shall serve as the coordinating office for sponsored programs administration, research compliance, and technology commercialization.

(B) The vice president for research and sponsored programs is responsible for developing and implementing policies and practices in furtherance of the university's research mission and strategic plan.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-02 University policy regarding research compliance.

Policy statement. The university, in the course of carrying out its teaching, research, and service missions, engages in research involving human subjects vertebrate animals, and recombinant or synthetic nucleic acid molecules and biohazardous materials, agents, and toxins. To protect the rights, dignity and welfare of all human subjects participating in research conducted on behalf of Kent state, the university shall establish and maintain a human subjects protection program. To ensure that vertebrate animals used in research, testing and teaching at Kent state are treated humanely, the university shall establish and maintain an animal care and use program. To ensure that research and teaching involving recombinant DNA and bio-hazardous materials at Kent state university are conducted using established safety standards, the university shall establish and maintain an institutional biosafety committee. To ensure a coodinated approach to research safety at Kent state university, the university shall establish and maintain an institutional safety and compliance committee.

History

  • Effective: June 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-02.1 Administrative policy regarding research involving human subjects.

(A) Purpose. The university, in the course of carrying out its teaching, research, and service missions, engages in research involving the use of human subjects across a wide array of academic disciplines and administrative functions. In order to protect the rights, well-being, and personal privacy of individuals, to assure a favorable climate for the conduct of scientific inquiry, and to protect the interests of the university, the policies and procedures described in this policy have been established for the conduct of investigations and educational projects involving human subjects.

(B) Scope.

This policy shall apply to all activities conducted by, or under the auspices of the university, irrespective of the funding source, that meet the criteria for:

(1) "Research" involving "human subjects," as defined in the department of health and human service (DHHS) regulations 45 CFR pt. 46 as such regulations may be amended, and/or

(2) A "clinical investigation" involving "human subjects" or "subjects," as defined in U.S. food and drug administration (FDA) regulations in CFR Title 21, as such regulations may be amended. This includes graduate theses or dissertations.

(C) Implementation.

(1) All members of the university community, including all faculty, staff, and students engaged in research recognize and share in the responsibility for protection of the rights and welfare of human subjects.

(2) No research involving human subjects shall be initiated until approval or exemption has been granted by the institutional review board (IRB).

(3) Under the approved federal-wide assurance (FWA) provided by the university to DHHS, all research involving human subjects, and the oversight of such research shall be guided by the ethical principles set forth in the "Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research," and performed in compliance with the regulations set forth by DHHS.

(4) For clinical investigations involving drugs, biologics, medical devices, and other test articles, the university shall comply with human subjects research regulations established by the FDA for clinical investigations.

(5) The university shall conform with other applicable federal, state and local laws and regulations germane to human subjects research.

(6) Investigations conducted by university students in connection with academic work must be supervised by a faculty member, who will refer such proposals to the IRB for review. For student research, the faculty advisor is assumed the principal investigator in regards to IRB applications.

(D) Authority and responsibility.

(1) The IRBs designated under the university's FWA are the principal mechanism by which the university reviews proposed research to ensure that it is planned and conducted in a manner consistent with applicable law and policy, and that the rights and welfare of human research participants are adequately protected. The responsibilities of the IRB include, but are not limited to:

(a) Reviewing, approving, exempting, requesting modifications to, or denying proposed research involving human subjects to ensure that it is planned and conducted in a manner consistent with applicable law and policy, and that the rights and welfare of human subjects are adequately protected. Notwithstanding the preceding, research that has been approved by the IRB may be subject to further review and approval or disapproval by the provost or the provost's designee. No university official, however, may approve research that has not been approved by the IRB.

(b) Conducting continuing review of research approved by the IRB, at intervals not less than once per year, including as necessary, observing, or having a third party observe, the consent process and investigational activity; or requesting and inspecting information related to human participant research activity.

(c) Suspending or terminating approval of research activity that is not being conducted in accordance with the requirements established by the IRB for a particular research activity, has been associated with serious harm to research participants, or that is not otherwise in accordance with federal human subject research regulations or university policy.

(d) Reporting to appropriate university and federal officials, and as applicable, any department or agency head:

(i) Unanticipated problems involving risks to research participants or others and serious or continuing noncompliance with this policy or the requirements or determinations of the IRB.

(ii) Any suspension or termination of IRB approval.

(e) Contributing to the development and implementation of administrative policies and procedures consistent with federal regulations and best practices.

(2) Sponsored projects involving human subjects are subject to rule 3342-3-04.1 of the Administrative Code.

(3) The institutional official, by appointment from the provost, shall represent the university in providing assurance to the federal government that the university will comply with federal human subject research regulations, and shall be responsible for ensuring that all regulatory and programmatic requirements for the conduct of human participant research at the university are met.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-02.2 Administrative policy regarding animal care and use.

(A) Statement of purpose. Recognizing a scientific and ethical responsibility to provide appropriately for the welfare of animals used for research and education, the university and its faculty and staff are committed to assuring humane care and use of these animals. To implement this commitment, an animal care and use (ACUC) committee under the direction of the provost or designee will be established. The animal care and use committee will operate in accordance with the United States public health service policy on humane care and use of laboratory animals and the public health service "Guide for the "Care and Use of Laboratory Animals," the provisions of the United States Animal Welfare Act and other applicable laws and regulations.

(B) Responsibilities of the ACUC. The ACUC has the following responsibilities:

(1) To review at least semi-annually, the university's program for humane animal care and use for compliance with state and federal regulations.

(2) To review all research projects involving live, vertebrate animals to determine that the described care and use of animals are in compliance with university, state and federal policy and regulations.

(3) To review and approve proposed changes in on-going research which introduce significant change in use of animals or when animal studies not originally proposed and approved by the ACUC are added.

(4) Inspect all of the university's animal facilities at least semi-annually.

To provide assistance and advice in research involving live animals and to implement the guidelines and policies of the university through the division of research which has general administrative responsibility for animals used in research.

(C) General principles. The following general principles apply equally to all projects involving animals, whether carried out solely with university resources or with the assistance of outside funds. The university has responsibility for communicating and explaining these principles to university personnel, and for providing procedural guidelines to effect their observance.

(1) Experiments using live animals shall be conducted by, or under the immediate supervision of a qualified research scientist.

(2) Animal care and housing will be under the direction of a properly qualified veterinarian.

(3) Research will be conducted in a manner to ensure humane care and use of animals. Care will be taken to minimize the number of animals used and to avoid all unnecessary suffering and injury to the animals.

(4) Facilities will be maintained in accordance with standards prescribed by the United States department of agriculture and department of health and human services as well as relevant accrediting organizations.

(5) Transportation will be in accord with applicable standards to reduce discomfort, stress and spread of disease.

(6) Euthansia will be performed according to American veterinary medical association guidelines.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-02.3 Administrative policy regarding institutional biosafety committee.

(A) Purpose. Institutions that receive support from the national institutes of health (NIH) for recombinant or synthetic nucleic research are required to establish and register an institutional biosafety committee (IBC) with the NIH office of biotechnology activities in compliance with the NIH guidelines.

(B) The vice president for research and sponsored programs is responsible for establishing an IBC, including appointment of IBC members, in accordance with NIH guidelines.

(C) The IBC activities, scope of review and operating procedures shall be governed by a charter developed by the IBC in accordance with NIH guidelines and approved by the vice president for research and sponsored programs.

History

  • Effective: June 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-02.4 Administrative policy regarding institutional safety and compliance committee.

(A) Purpose. In furtherance of ensuring a coordinated approach to research safety for researchers, students and participants, the vice president for research and sponsored programs shall establish an institutional safety and compliance committee (ISACC) to review, recommend and coordinate university-wide research safety procedures.

(B) The ISACC will include the following university representatives:

(1) Director, research compliance;

(2) Chair(s), institutional review board;

(3) Chair, institutional animal care and use committee;

(4) Chair, institutional biosafety committee;

(5) Director, environmental health and safety; and

(6) Such other university personnel deemed necessary by the vice president for research and sponsored programs.

(C) The ISACC activities, scope of review and operating procedures shall be governed by a charter developed by the ISACC in accordance with university policy and approved by the vice president for research and sponsored programs.

History

  • Effective: June 1, 2020
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-03 University policy regarding extramural projects, grants, and contracts.

(A) Statement of purpose. It is appropriate to note some basic university policies and considerations which apply to soliciting and administering extramural support. All extramural support funds should assist and be consistent with the long-range goals of the university and should provide direct educational benefits to the university faculty, staff and students. With this statement in mind, it shall be university policy to encourage extramural support and to enter into agreements with extramural agencies for programs and projects in such areas as research, training, seminars, workshops, graduate fellowships, facilities and equipment, and institutes.

(B) General guidelines.

(1) Such projects should provide faculty or staff members the opportunity to gain experience and knowledge of value to their teaching and research or other university activity;

(2) Projects should be justified academically as having the potential for resulting in worthy contributions to knowledge;

(3) Facilities or equipment provided should complement the university's teaching, research or other aims;

(4) Research experience should be made available to students; and

(5) The projects should have public value.

(C) Additional policies and procedures. Because of the fact that the area of extramural support is complex, and the procedures for preparation, processing and administering proposals and programs vary by area of concern, more specific administrative policies and operational procedures have been provided for.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-03.1 Administrative policy and procedures regarding sponsored programs administration.

(A) Purpose. The sponsored programs office ("sponsored programs") resides in the division of research and sponsored programs and, together with grants accounting in the controller's office, is responsible for stewardship of external funds received for sponsored projects. Sponsored programs oversees submission of proposals to external sponsors, negotiation/acceptance of grant and contract awards, and other Sponsored programs-related matters. Sponsored programs shall assist faculty and staff with:

(1) Retrieval of funding source information;

(2) Preparation of proposal applications to include budgeting;

(3) Authorization and submission of proposals to federal/state/local/private sponsors;

(4) Negotiation/acceptance of grant/contract award agreements to include review of terms/conditions;

(5) Plans for spending awarded funds;

(6) Award modifications to include changes in scope of work or key personnel, re-budgeting, and/or no-cost extension requests; and

(7) Grant/contract personnel appointments.

(8) Additionally, in cases of proposed or awarded projects, sponsored programs shall guide faculty and staff in interpretation of university/federal/state/other sponsor policies relative to cost principles; external sponsor-required university cost sharing; effort certification; university use/maintenance/sharing of equipment; intellectual property rights; use of human participants; animal care and use; use of high hazard chemicals, radioactive materials, recombinant DNA, bio-hazardous materials, select agents/toxins; matters related to export controlled data; and classified research/sensitive but unclassified research.

(B) Scope. A "sponsored project" is defined as any externally funded research or scholarly activity that has a defined scope of work or set of objectives, which provides a basis for sponsor expectations. This more specifically involves research, demonstration, professional development, instruction, training, curriculum development, community and public services, or other scholarly activity involving funds, materials, or other forms of compensation, or exchanges of in-kind efforts under awards or agreements.

(1) A project is considered a "sponsored project" if any one of the following conditions apply:

(a) The project is awarded based on a proposal request;

(b) The university commits to a statement of work for a specified project;

(c) The project involves a set of objectives which provides the basis for sponsor expectations;

(d) The proposal includes a detailed budget;

(e) There is a written agreement for a commitment of resources between a sponsor and the university, there is a specified period of performance, requires deliverables (such as reports, financial accounting, or intellectual property ownership);

(f) The award provides for the disposition of tangible or intangible property that may result from the project (such as equipment, records, formal activity reports, rights in data, software, copyrights, invention or research-related materials);

(g) The sponsor is involved in making decision regarding project performance; or

(h) The project involves the use of human subjects, laboratory animals, radioactive or hazardous materials, recombinant DNA, carcinogens, pathogens or proprietary materials.

(C) General principles.

(1) To generate proposals for external funding to the university, Sponsored programs will disseminate information on funding opportunities across all campuses.

(2) Compliance. Proposals must be consistent with the mission of the university and must be suitable to the unit in which the project is to be conducted. A proposal is a formal offer by the university to conduct a program under the direction of the principal investigator/project director who does so utilizing personnel and facilities of the university. Therefore, projects must comply both with university policies and external sponsor regulations. Authority for proposal submission resides in sponsored programs where the authorized organizational representative (AOR) or his/her designee is the legal signatory on submissions.

(3) Acceptance and contracting authority. A grant or contract award is an award to Kent state university and, as such, must be accepted by the university. Authority for acceptance resides in sponsored programs where the AOR or his/her designee serves as the legal signatory on grant or contract agreement documents.

(4) Principal investigators/project director role eligibility. Faculty members and professional staff who are full-time university employees may serve as principal investigators/project directors. It is the responsibility of the principal investigators/project directors to maintain academic and research integrity in the conduct of his/her sponsored project. A project may be carried out under the direction of one or more principal investigators/project directors within a single department, school, institute, center, regional campus or college or under the direction of such individuals from various cooperating units. In extenuating circumstances, an individual who is not a full-time employee may serve as principal investigator/project director; such cases must be sanctioned by the chair of the department/institute or center director, or regional campus dean from which the proposal is submitted. A full-time employee must assume both reporting and fiscal responsibility for the resulting award if granted.

(5) Approval process. Prior to the submission of the proposal to an external sponsor, a proposal must be approved electronically through the Coeus grant proposal and management system, or any subsequent system in place at the university as designated by sponsored programs. Though completion of the routing and approval process, the principal investigator/co-investigator/project director/co-director must accept responsibility for the proposal's content while also certifying compliance with the sponsoring agency and institutional requirements. Also prior to submission to an external sponsor, the proposal must be approved by the appropriate chair(s), director(s), regional campus dean(s), dean(s), or other university officer(s), as relevant, indicating to sponsored programs that the proposed project, its budget, and the level of effort committed by university personnel have the necessary university endorsements.

In reviewing the proposed project, the chair/director, dean or regional campus dean must ascertain that the proposed project is consistent with the goals of the department, college, school, or regional campus, that the faculty level of effort dedicated to the project is compatible with the unit's needs, and that any cost-sharing commitment is both possible and suitable. The college dean or regional campus dean shall review the proposed project to ascertain to what degree the project commits the college to long-term support of project personnel or program support beyond the award period.

(6) Budget. Sponsored programs staff shall determine the cost of a sponsored project in accord with principal investigator/project director needs and external sponsor program guidelines. The proposed project's budget shall include allowable direct costs, facilities and administrative costs, and, as needed, the appropriate, sponsor required university cost share whose source and amount has been approved by responsible chair, director, regional campus dean, or vice president.

(7) Cost sharing shall become part of a proposed project's budget when required by the external sponsor and only when authorized by the appropriate university official representing the unit providing the cost share. Cost sharing on one project precludes its use on another project. Sponsored programs shall ascertain that costs requested from an external sponsor as well as university cost sharing meet the cost principles (OMB A-21) of allowability, allocability, reasonableness, and consistency (with university financial practices). The university assumes the position that voluntary (not required by the external sponsor) cost sharing shall not ordinarily be offered, and that the university's negotiated facilities and administrative rate, an essential sponsored project cost, shall not be waived. When Kent state university project costs include subrecipient costs, in order to incorporate such costs into the Kent state university proposed budget, sponsored programs must receive adequate documentation from the subrecipient prior to proposal submission.

(8) Research projects involving use of human subjects must be reviewed by the university's institutional review board (IRB) prior to proposal submission or within thirty days after proposal submission if allowed by external sponsor guidelines (see rule 3342-3-03.2 of this Administrative Code). A project's human subjects must be protected in accord with federal regulations. A project that does not comply may not be conducted.

(9) Live vertebrate animals. Research projects involving use of live vertebrate animals must be reviewed by the university's institutional animal care and use committee (IACUC, as provided for in rule 3342-3-03.3 of the Administrative Code). No project involving animals may begin without approval by and adherence to recommendations by IACUC.

(10) Hazardous materials. Research projects involving use of high hazard chemicals, recombinant DNA, bio-hazardous materials, radioactive materials, or select agents/toxins must receive approval from the manager, research safety and compliance in research and sponsored programs. No project may begin without such approval.

(11) Export controls. The conduct of research projects involving export-controlled data must be approved by sponsored programs in concert with university legal counsel, with the aim of maintaining university exemption from export control restrictions based upon the university's position that it is (under "National Security Decision Directive 189") a fundamental research institution with publication rights which the university shall not waive. In such cases where export controlled information is a consideration, the university shall, as necessary, implement its master technology control plan accompanied by the annex appropriate to the specific project in question. Each project involving export-controlled information will comply with its specific annex.

(12) The university shall maintain its publication rights in all sponsored projects. The university shall not accept awards or enter into agreements for the support of research that permits another party the power to prohibit publication of or dissemination in any form of results of the sponsored research activities. The university shall permit short delays (thirty to sixty days) of publication or dissemination of results in order for sponsor review, not sponsor approval, in order for sponsors to remove inadvertently included, sponsor-provided proprietary information or for sponsors to seek patent applications; in such cases, these delay conditions will be specified in the initial grant/contract award.

(13) Classified research. At times, a government agency or an industry has need to contract with the university for a research project under conditions that do not permit free inquiry and disclosure of results. Such research is "classified research." Contracts for classified research may be considered on a case-by-case basis. The general purpose and method of such research shall be disclosed to pertinent faculty and administrators so that they can judge the appropriateness of the research and its contribution to human knowledge and well being. The funding agency shall not influence the selection or promotion of faculty members or the formulation of university academic policy. The study's results and conclusion shall be available for open discussion and/or publication after a reasonable period of time. To ensure adherence to these policies, faculty members shall submit any proposal responding to an external sponsor request involving classified research to the vice president of research and sponsored programs for review and consideration. The vice president of research and sponsored programs may consult with the university research council. The principal investigator or the granting agency may appeal the decision of the vice president to the provost. In order to facilitate the conduct of federal classified grants or contracts, the university shall continue to hold a "facility clearance." This involves providing the physical means to protect security data, perhaps requiring personal security clearance of certain university officers and other employees.

(14) Gifts. A solicitation for a gift (a donation that has no requirements attached and is not work for hire) is submitted through the office of institutional advancement and foundation. The office of institutional advancement and foundation is also responsible for submission of other proposed projects in such cases where the agencies/foundations require submission by that office. In these latter cases, sponsored programs shall assist the office of institutional advancement and foundation with accurate proposal budget development.

(15) Approving department. A proposal to an external sponsor is subject to approval of the department in which the sponsored project will reside. The proposal may be submitted only if the proposed project does not unduly disrupt the established research and teaching programs of the university and department, that is, if teaching obligations can be met or rearranged as needed; if appropriate space, equipment, and facilities can be made available to the project; and, if the university can provide for continuation of support for a project's new positions if required.

(D) Implementation: proposal preparation and submission.

(1) Individual faculty/staff members prepare proposals in accord with external sponsor guidelines.

(2) Sponsored programs staff shall review the proposal and provide project proposal support including but not limited to the following services:

(a) Sponsored programs staff shall review the proposal for adherence to university policy and sponsor regulations.

(b) Sponsored programs staff shall assist with development of the budget, ensuring its adequacy for the proposed work, allowability (meets cost principles as delineated in OMB A-21 and external sponsor cost requirements), and consistency with university financial procedures; and shall ascertain that the university is not cost sharing unnecessarily or unduly.

(c) Sponsored programs staff shall review the level of effort committed and the indicated current and pending support.

(d) Sponsored programs staff shall ensure that the principal investigator/project director follows university-required procedures (involving as necessary the institutional review board, the institutional animal care and use committee, the manager, research safety and compliance, university legal counsel) when human subjects, animals, export controlled data, high hazard chemicals, recombinant DNA, bio hazardous materials, radioactive materials, select agents/toxins, or new use of space (obtaining approval from the relevant university official) are involved in the project's conduct.

(3) Sub-recipient institution. When a sub-recipient institution serves as a partner in the university's proposed project, sponsored programs staff shall coordinate the proposal submission with the subrecipient. Sponsored programs staff shall obtain, prior to submission of the proposal, the necessary subrecipient documents. This documentation shall be in the form of a letter of commitment to the project, an officially authorized budget for subrecipient costs and cost sharing if applicable, the sub-recipient's statement of work substantiating what that institution will do for its proposed costs, and verification of the sub-recipient's facilities and administrative rate.

(4) AOR authorization. Every proposal must be authorized by the AOR for submission and submitted by sponsored programs staff to the external sponsor.

(5) Endorsement. Prior to its submission to an external sponsor, the proposal must be approved electronically through Coeus by the appropriate chair/director and dean or regional campus dean. In reviewing the proposed project, the chair/director, dean or regional campus dean and executive dean for regional campuses must ascertain that the proposed project is consistent with the goals of the department, college, school, or regional campus, that the faculty level of effort dedicated to the project is compatible with the unit's needs, and that any cost sharing commitment is both possible and suitable. The college dean or regional campus dean shall review the proposed project to ascertain to what degree the project commits the college to long-term support of project personnel or program support beyond the award period.

(6) Conflict of interest. Prior to its submission to an external sponsor, all potential conflicts of interest must be disclosed (see rules 3342-3-07 and 3342-3-07.1 of the Administrative Code) by the project's key personnel (those who have a role in the design, conduct, or reporting of the project). Each investigator must complete the "investigator certification" in Coeus, which incorporates the financial conflict of interest screening form questions, while key personnel must complete the financial conflict of interest screening form.

(7) Time for submission. Sufficient time shall be allowed for sponsored programs to process the proposed project. University principal investigators/project directors submitting proposals must follow the established timelines to ensure efficiency, expediency, and quality of the proposal process.

(a) Sponsored programs should be notified of intention to submit a proposal at least ten working days before the submission deadline.

(b) A complete proposal with the final budget must be entered into Coeus and routed for internal approval no later than five working days prior to the due date.

(c) If narrative proposal documents will be revised after submission for internal approval, all files must be finalized in Coeus no later than two working days before the due date of the proposal to the external agency or source.

(E) Procedures: Grant/contract acceptance, initiation, and administration.

(1) The grant or contract award to Kent state university is issued as a document that must be reviewed by sponsored programs staff, often in concert with university legal counsel; prior to acceptance, unacceptable clauses are modified or struck from the agreement. Acceptance is evidenced by the AOR's signature on the award agreement document. The university does not make funds available to the principal investigator/project director until he/she has met all compliance requirements (e.g., financial conflict of interest, IRB, IACUC).

(2) When an award to the university includes subrecipient collaboration, the university shall issue the subaward agreement that includes the external sponsor's award terms and conditions. The subaward agreement will require the subrecipient's certification of compliance with federal regulations and/or other external sponsor requirements. The agreement is then executed between Kent state university and the subrecipient. Ongoing monitoring of subrecipient technical performance is documented by the principal investigator/project director and of administrative requirements by sponsored programs and grants accounting.

(3) In the administration of grant or contract awards, sponsored programs shall abide by: The award instrument issued by the particular funding agency; OMB circulars A-21, A-133, A-l 10; Other federal regulations; and university policies.

(4) When an external sponsor selects a proposal for an award, the sponsor commonly requests additional budgetary or technical information. Such budgetary information may be provided only by sponsored programs staff.

(5) Any award negotiation that takes place between Kent state university and an external sponsor must be conducted by sponsored programs. If an external sponsor contacts a principal investigator/project director directly, he/she shall advise sponsored programs. Prior to finalizing negotiations, sponsored programs staff shall work with the principal investigator/project director to ensure that his/her needs are met and that the university is protected. Sponsored projects are subject to facilities and administrative costs (F&A) at the university's current federally-approved F&A cost rate agreement applicable to the type of project being conducted. If the sponsor has a published policy, uniformly applied, prohibiting or restricting the payment of F&A costs, the university may accept the reduced F&A rate in accordance with the sponsor's policy. This does not apply to for-profit sponsors that are expected to provide full F&A recovery.

(6) The principal investigator/project director shall operate within university policy and external sponsor requirements and shall be responsible for day-to-day direction and financial and administrative management of his/her awarded project. Sponsored programs staff shall guide the principal investigator/project director in the interpretation of university policy and external sponsor requirements. University policy and external sponsor terms and conditions shall be followed for all sponsored program activities including but not limited to travel, equipment acquisition, employment and committed effort of personnel, participation of human participants, and/or use of animals. The principal investigator/project director shall fulfill the requirement for review and certification of salaries, assuring that salaries charged to sponsored projects correspond to effort expended on those projects.

(7) Equipment as defined by the university that is purchased with grant/contract funds shall be subject to university equipment inventory control procedures regardless of whether title vests in the university or the funding agency. The principal investigator/project director shall be responsible for such equipment, shall purchase the equipment in due time (well before an award end date), and shall account for all items periodically as well as at the project's end. Retention and disposal of equipment at project termination falls into three categories: (a) equipment purchased by the university with university funds (deemed to be cost share) remains in the department, school, or regional campus of the principal investigator/project director and cannot be removed from the university by a resigning principal investigator/project director; (b) special purpose equipment purchased by the university with grant or contract funds with title vested in the university by a sponsor remains in the principal investigator/project director's department, school, or regional campus and may be transferred with the approval of the appropriate chair/director/regional campus dean to a principal investigator/project director's new institution upon his/her resignation, only if the department/school/regional campus has no use for the equipment (final approval for transfer rests with the provost or his/her designee; and (c) equipment purchased with grant/contract funds that remains vested with the external sponsor shall be tagged appropriately to identify the sponsor and grant/contract number and shall be disposed of in accord with external sponsor instructions and as coordinated between the controller's office and sponsored programs.

(8) Kent state university considers that cost sharing included in proposal budgets and accepted by the sponsoring agency is an award condition and university obligation. Cost sharing is subject to audit; the external sponsor will require repayment of a portion of grant funds if the proposed cost sharing is not obtained/documented and could terminate an active award. Cost sharing obligations, including both mandatory and voluntary-committed investigator effort, are appropriately recorded by project in the university's accounting records and substantiated by documentation (e.g., effort certification, vendor letters stating equipment value). Cost sharing is monitored for timeliness and adequacy as well as for allowability, allocability, reasonableness, and consistency with other university charging procedures. Cost sharing expenditures like expenditures subsidized by the grant/contract award must comply with federal cost principles and sponsor award terms and conditions. Where cost sharing is a requirement of a university-issued subaward, the cost sharing commitment that the university requires from the subrecipient is included in the university-issued subaward document. The subrecipient's compliance with the required cost sharing commitment is then monitored by both the principal investigator/project director and grants accounting and appropriately reported to the external sponsor.

(9) Throughout an externally funded project's course, the principal investigator/project director shall inform his/her chair/director, or regional campus dean as well as sponsored programs staff if there is or will be (a) any deviation from the project's sponsor-approved scope of work, budget, and/or level of personnel effort; or (b) any other change necessitating external sponsor approval. Sponsored programs staff should be informed about any such proposed deviations prior to discussions that might occur between the principal investigator/project director and the external sponsor. The principal investigator/project director shall not communicate directly with the external sponsor about such deviations without approval from sponsored programs.

(10) A separate university-restricted index with its own number shall be established for each externally sponsored project. All project-related expenditures shall be charged directly to this index. All expenditures must occur during the period of the grant/contract award. Principal investigators/project directors shall be responsible for reviewing the project expenditures (as documented in the university system-generated reports) on a monthly basis, correcting any errors, and staying within the sponsored programs-approved budget. Costs allocable to a particular sponsored agreement may not be shifted to other sponsored agreements in order to meet deficiencies caused by overruns or other fund considerations, or to avoid restrictions imposed by law, by terms of the sponsored agreement, or for other reasons of convenience.

(11) Costs allocable to activities sponsored by industry, foreign governments or other sponsors may not be shifted to federally sponsored agreements. If a cost transfer is made due to discovery of an error, the transfer must be supported by documentation that fully explains how the error occurred and a certification of the correctness of the new charge. sponsored programs staff must approve any cost transfer that exceeds ninety days from the original erroneous charge.

(12) External sponsors and Kent state university expect principal investigators/project directors to manage the funded grant/contract project both within the sponsor-approved budget and project period. Unanticipated developments can, however, necessitate modification of the budget, scope of work, personnel effort, project period, or, in some cases, all of these. Principal investigators/project directors who need a modification must submit the request to sponsored programs for approval. The university has established procedures to implement the federal expanded authorities and documents actions taken under such federal expanded authorities. Exercising this authority, the university's AOR is able to approve certain budget and time frame modifications, to include pre-award costs, expeditiously without contacting the funding agency. When required, the university seeks external sponsor prior approval for modifications and maintains records of the approvals granted.

(13) As recipients of external funds, principal investigators/project directors must exercise appropriate responsibility in reporting performance on the funded project to the sponsor. Technical progress (e.g., quarterly, annual) and final reports shall be submitted by the principal investigator/project director to the external sponsor as required and in timely fashion. The principal investigator/project director shall provide a copy of any submitted report (to include electronic reports) to sponsored programs. At the project period's end, the project work ceases; after the termination date, no additional expenditures may be charged to the grant/contract index. A period of thirty to ninety days is usually allowed to pay previously committed financial obligations prior to grant accounting's preparation of the final financial report based on expenditures recorded in the grant index. Grants accounting shall certify the accuracy of the final fiscal report to the external sponsor. Final technical reports, invention disclosure reports, subrecipient reports (property, patent, technical, and fiscal) if applicable, and other reports as required by the external sponsor shall be submitted by sponsored programs to the external sponsor (the principal investigator/project director may have submitted the final technical report as required). The university shall not pay the subrecipient's final invoice until the reports and deliverables required from the subrecipient have been received and accepted. The principal investigator/project director shall certify that the subrecipient has adequately completed the technical aspects of the work. Upon acceptance of these closeout reports, grants accounting shall close the index.

(14) Considered an integral part of a department/center/institute, school, or regional campus program and resources base, grant/contracts/other sponsored agreements must be monitored not only by the principal investigator/project director but also by the chair, director, and college dean or by the regional campus dean. Project over-expenditures and audit disallowances are, ultimately the responsibility and burden of the home department/center/institute, school, or regional campus.

(15) Records of sponsored project activities (financial and programmatic records, supporting documents, statistical records, lab books, records for real property and equipment) shall be retained for the active years plus five years.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-04 University policy regarding financial interest in sponsored projects.

(A) Purpose. University faculty and some staff members have taken on new and different functions in addition to the traditional roles of teaching, research, and public service. Spin-off companies transferring technology developed in the laboratory, extensive consultative activities, and various types of public service involvement are encouraged by both federal and state agencies, and by the university as necessary for the public good. Governmental agencies have become more concerned about the extent and type of these activities as they relate to funded and proposed research and scholarly activities of faculty and have issued regulations that require the establishment of standards and procedures to ensure that the design, conduct, or reporting of funded research will not be biased by any conflicting financial interest of the investigator.

The regulations require universities to develop, publish, and enforce institutional policies which comply with the requirements for regular, timely, and full disclosure of actual or potential conflicts of interests as they relate to significant financial interests which could reasonably be seen by an impartial observer as affecting the design, conduct, or reporting of research or educational activities funded or proposed for funding by an external sponsor.

(B) Procedure.

(1) Each investigator involved in sponsored activities whether proposed, pending or funded is required to disclose to a designated university official a list of significant financial interests (including that of his/her spouse and dependent children) that could compromise the objectivity of the proposed and/or supported activities.

(2) The university official will review these disclosures and determine whether any reported significant financial interests could directly and significantly affect the design, conduct or reporting of the research and, if so, such conflicts must be resolved by an administrative process.

(3) The vice president for research and sponsored programs is responsible for administering the policy in accordance with existing present and future applicable governmental regulations.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-04.1 Administrative policy on financial interest in sponsored projects.

(A) In accordance with state and federal regulations, the university is required to manage, reduce or eliminate any actual or potential conflicts of interest that may be presented by a significant financial interest of an investigator. Thus, the university requires that investigators disclose all significant financial interests that may present an actual or potential conflict of interest in relation to a sponsored project, as defined in rule 3342-10-03.1 of the Administrative Code. Sponsored projects for the purpose of this policy includes all direct awards and subawards.

(B) Definitions.

(1) "Conflict of interest" occurs when the relationship between an individual's private interests and his or her professional obligations to the university is such that an independent observer might reasonably question whether the individual's professional actions or decisions are determined by considerations of personal gain, financial or otherwise. An "actual" conflict of interest depends on the situation and not on the character or actions of the individual.

(2) "Investigator" means the principal investigator/project director, and co-principal investigator. "Investigator" also means any other person who is responsible for or involved in the design, conduct, or reporting of research, instructional or service activities funded, or proposed for funding, by an external sponsor. For the purposes of the requirement relating to financial interests, investigator includes spouses and dependent children.

(3) "Project" means any externally funded scholarly activity such as basic, applied, or developmental research, instructional or curricular activities, student aid, career development, or other activity conducted by faculty or staff members on behalf of the university.

(4) "Significant financial interest" means anything of monetary value or potential monetary value held by an investigator, investigator's spouse, and dependent children, that reasonably appears to be related to the investigator's institutional responsibilities, including:

(a) For public health service (PHS) funded projects (PHS includes, but is not limited to NIH, SAMHSA, HRSA, CDC, AHRQ and, for the purpose of this policy, any other funding sponsor that adopts PHS regulations, and including all subawards originating from PHS or a funding sponsor adopting PHS regulations):

(i) With regard to any publicly traded entity, combined financial remuneration received from the entity in the twelve months preceding the disclosure and the value of any equity interest in the entity as of the date of disclosure that exceeds five thousand dollars. Remuneration includes salary, any payment for services not identified as salary, equity interests and ownership interests;

(ii) With regard to any non-publicly traded entity, combined financial remuneration received from the entity in the twelve months preceding the disclosure that exceeds five thousand dollars, or when the investigator holds any equity interest (e.g., stock, stock option, or other ownership interest), regardless of the equity value; or

(iii) Intellectual property rights and interests (e.g., patents, copyrights), upon receipt of income related to such rights and interests; or

(iv) Any reimbursed or sponsored travel exceeding five thousand dollars from the same entity in the aggregate (i.e., travel is paid on behalf of the investigator and not reimbursed to the investigator so that the exact monetary value may not be readily available) related to the investigator's institutional responsibilities must be disclosed. Disclosure of this interest will include the purpose and duration of the trip, the identity of the sponsor/organizer, and the travel destination.

(b) For all other funding (all non-PHS funded research including, but not limited to national science foundation (NSF) Funding):

(i) With regard to a publicly traded entity, combined financial remuneration received from the entity in the twelve months preceding the disclosure that exceeds ten thousand dollars. Remuneration includes salary, any payment for services not identified as salary, equity interests and ownership interests;

(ii) With regard to any non-publicly traded entity, combined financial remuneration received from the entity in the twelve months preceding the disclosure that exceeds ten thousand dollars, or when the investigator holds any equity interest (e.g., stock, stock option, or other ownership interest), regardless of the equity value; or

(iii) A five per cent ownership interest in a single publicly traded entity; or

(iv) Intellectual property rights and interests upon receipt of income related to those rights and interests that exceeds ten thousand dollars during the prior twelve month period.

(5) "Significant financial interests" do not include:

(a) Salary, royalties, or other remuneration paid by the university to the investigator if the investigator is currently employed or otherwise appointed by university; or

(b) Intellectual property rights assigned to the university and agreement to share in royalties related to such rights; or

(c) Income from seminars, lectures, or teaching engagements sponsored by federal, state, or local government agency, an institution of higher education, an academic teaching hospital, a medical center, or a research institute affiliated with an institution of higher education (this exception does not apply to foreign institutions of higher education or governments of another country); or

(d) Income from service on advisory committees or review panels for a federal, state, or local government agency, an institution of higher education, an academic teaching hospital, a medical center, or a research institute that is affiliated with an institution of higher education (this exception does not apply to foreign institutions of higher education or governments of another country).

(6) "Financial conflict of interest" (FCOI) means a significant financial interest that is related to externally funded university research (i.e., the interest reasonably appears to be affected by the research or is in an entity whose financial interest reasonably appears to be affected by the research) and that could directly and significantly affect the design, conduct, or reporting of research.

(C) Disclosure requirements for financial interests.

(1) Disclosure requirements. All investigators must submit a listing of the following significant financial interests:

(a) Any significant financial interest that would reasonably appear to be affected by the research, instructional or service activities funded, or proposed for funding, by an external sponsor; or

(b) Any significant financial interest in an entity whose financial interest would reasonably appear to be affected by the research, instructional or service activities funded, or proposed for funding, by an external sponsor.

(2) Regardless of the listed minimum requirements, a faculty or staff member, in his or her own best interest, is encouraged to disclose any other financial or related interest that could present an actual conflict of interest or be perceived to present a conflict of interest.

(D) Procedures for disclosure of financial interests.

(1) Special requirements/disclosures for PHS-funded research. Pursuant to public health service (PHS) regulations (42 CFR 50) institutions receiving funds from any PHS agency (PHS agencies include NIH, SAMHSA, OPHS, IHS, HRSA, FDA, CDC, AHRQ) or other agencies adopting PHS financial conflict of interest policies, must comply with the following requirements:

(a) Each investigator who is planning to participate in PHS-funded research is required to disclose to Kent state university officials the investigator's significant financial interests reasonably related to the investigator's institutional responsibilities (and those of the investigator's spouse and dependent children) no later than the time of application for PHS-funded research. Each investigator must complete the appropriate certification process required by the university.

(b) Each investigator who is participating in PHS-funded research is required to complete an updated certification either within thirty days of discovering or acquiring a new significant financial interest, or at least on an annual basis during the period of the PHS funding award.

(c) Disclosure of all externally-funded travel reimbursements: PHS-funded investigators must disclose all travel reimbursements that are either sponsored by (that is paid by an outside entity directly to the investigator) or reimbursed directly to the investigator from an outside entity with some exceptions. Exceptions include: travel reimbursements from an institution of higher education, a federal/state/local government, an academic teaching hospital, a medical center, or a research institute affiliated with an institution of higher education. This disclosure requirement does not apply to funding provided to the investigator by the university (for example as part of sponsored research projects, paid from departmental discretionary or gift funds). Travel reimbursements must be reported within thirty days of its occurrence.

(d) Mandatory training requirements: All PHS-funded investigators must complete online FCOI training provided by Kent state university prior to the expenditure of funds of any newly-funded projects, including noncompeting continuation awards. Training must be completed at least every four years. For the purposes of mandatory training, the term "investigator" includes the principal investigator (PI) and any other person (regardless of title or position) that the PI identifies as independently responsible for the design, conduct, or reporting of the research.

(E) Disclosure statement reviews

(1) Review by conflict of interest review committee. The vice president for research and sponsored programs, or official designee, will conduct an initial review of all disclosure statements submitted to determine whether a FCOI exists and, if so, determine what actions should be taken by the university to manage, reduce, or eliminate the FCOI. If a determination is made that there may be a potential or actual FCOI, the investigator, in cooperation with his/her dean, chair or director, will develop and present to the vice president for research and sponsored programs a plan to manage, reduce or eliminate any potential or actual FCOI presented by the disclosed significant financial interest.

(2) The proposed plan shall be referred to the university conflict of interest review committee (CIRC) which will advise the vice president for research and sponsored programs. The CIRC shall consist of five faculty members representing a cross section of academic disciplines and up to three tenured administrators with faculty rank. Committee members are appointed by the vice president for research and sponsored programs. The CIRC will select its own Chair from among its members.

(3) The CIRC shall review the plan and recommend it as presented, or suggest conditions or restrictions which may include the following: (a) public disclosure of FCOI; (b) monitoring of the research by an independent reviewer; (c) for research projects involving human subjects research, disclosure of FCOI directly to participants; (d) modification of the research plan; (e) disqualification from participation in all or the portion of the funded research that would be affected by the significant financial interest; (f) divestiture of significant financial interests; or (g) severance of relationships that create conflicts.

(4) If the CIRC determines that imposing conditions or restrictions would be inequitable, or that the potential negative impacts that may arise from a significant financial interest are outweighed by interests of scientific progress, technology transfer, or public health and welfare, then the CIRC may recommend that the research go forward without imposing such conditions or restrictions.

(5) The plan, if approved by the vice president for research and sponsored programs, will be incorporated into a memorandum of understanding that details the conditions or restrictions imposed upon the investigator in the conduct of the project and/or the relationship with the business enterprise or entity. The memorandum of understanding shall be signed by the investigator and the investigator's cognizant university official (usually a dean, chair or director) and the vice president for research and sponsored programs. The university shall monitor compliance with the plan on an ongoing basis until completion of the funded research project.

(6) Actual or potential conflicts of interest must be satisfactorily managed, reduced, or eliminated in accordance with these guidelines prior to expenditure of any funds under the award. If actual or potential conflict cannot be satisfactorily managed, the sponsoring agency must be informed.

(F) Failure to comply. non-compliance. When an investigator is found to have violated this policy or the terms of the memorandum of understanding, the CIRC may recommend to the appropriate vice president that sanctions be imposed consistent with procedures established by university policy and/or an applicable collective bargaining agreement affecting the employee and his/her employment relationship with the university. Disciplinary action may range from a letter of reprimand to dismissal and termination of employment. If the violation results in a collateral proceeding under university policies regarding misconduct in science, the CIRC shall defer a decision on sanctions until the misconduct in science process is completed. In cases of violation, the vice president for research and sponsored programs will notify the appropriate funding agency.

(G) University reporting and records.

(1) Reporting. The university will provide initial and ongoing reports of its management of FCOI to external sponsors of university research as required by law and in accordance with this policy.

(2) Records. Records relating to all investigator disclosures of significant financial interests and the university's review and management of such disclosures, will be maintained by the university in the case of externally-funded research for:

(a) Three years from the date of submission of the final expenditures report (in the case of grants and cooperative agreements); or

(b) Three years from the final payment (in the case of research contracts), or

(c) Resolution of any government action involving the records, or

(d) As otherwise required by law.

History

  • Effective: July 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-05 University policy regarding faculty participation in companies commericalizing university research.

(A) Purpose. Faculty are encouraged to develop discoveries and inventions with commercial potential; however, they should do so with due regard to the broader teaching and research mission of the university. Faculty should not allow their interest in a financial opportunity arising out of their research efforts to influence their teaching or research, or to interfere with their relationships with other faculty. Specifically, research assignments for students must be selected solely on the basis of the students' interests and academic development. Faculty should respect and promote the cooperative nature of the academic environment by sharing information and participating in joint research efforts with their colleagues.

(B) Eligibility. This policy applies only to faculty who: (1) create intellectual property owned by the university; and (2) desire to hold an interest, whether vested or not, in a firm, corporation, or other association (hereinafter "company") to which the board of trustees has assigned, licensed, transferred, or sold the university's interests in discoveries or inventions made or created by that faculty or in patents issued to that faculty commercializing their research. This policy serves as exceptions to the Ohio ethics law and related statutes (Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code), which might otherwise apply. Matters outside the scope of these rules will be subject to such laws to the extent applicable.

(C) Procedures and guidelines.

(1) Faculty responsibilities. While faculty are permitted by these rules to engage in specified private business activities relating to their institutional positions, they continue to be responsible for the performance of all their teaching, research and service obligations. Authorized private business activities must not be allowed to interfere with the performance of any of their institutional responsibilities and must be undertaken in accordance with university rule 3342-6-23 of the Administrative Code and pursuant to formal consulting and conflict of interest management plans between the faculty, company and Kent state university, which plan must be approved by the vice president for research and sponsored programs.

(2) Reporting business activities. Prior to requesting participation in the commercialization of university technology, private business activities that may relate to a faculty member's scope of employment shall be reported in writing to the vice president for research and sponsored programs.

(3) Determining applicability of guidelines. Decisions concerning the relationship between a faculty member's private business activities and his or her scope of employment shall be made by the vice president for research and sponsored programs. The faculty member may appeal the decision of the vice president for research and sponsored programs to the provost. The decision of the provost will be final.

(4) Activities not related to research. Private business activities that are not subject to these rules because they are unrelated to the faculty member's scope of employment may be subject to other institutional policies on outside enterprises (rule 3342-6-24 of the Administrative Code), conflicts of interest and commitment (rules 3342-3-01.6 and 3342-6-23 of the Administrative Code), and patents and copyrights (rule 3342-5-09.1 of the Administrative Code).

(5) Approval process. A faculty member who wishes to participate in the commercialization of technology must first obtain approval from his or her department chair or school director and academic dean as appropriate. The faculty member, in consultation with his/her academic dean, chair or director, shall develop and present to the vice president for research and sponsored programs, a plan to manage, reduce or eliminate conflict of interest or commitment arising out of the faculty member's business activity. The vice president for research and sponsored programs shall refer the proposed plan to the university patent and copyright board, which will advise the vice president for research and sponsored programs as to the acceptability of the plan. Faculty may not enter into any agreements relating to their proposed business activities until the plan has received final written approval from the vice president of research and sponsored programs.

(6) Responsibilities of academic deans, chairs and/or directors. Academic deans, department chairs and directors have the responsibility of ensuring that faculty participating in approved business activities continue to perform all of their teaching, research and service obligations. Academic deans, department chairs and directors are also responsible for enforcing the university rules 3342-3-07.1 and 3342-6-23 of the Administrative Code and for reviewing and making a recommendation as to the propriety of business activities reported by their faculty in written disclosures required by those policies.

(7) Annual review. Prior to the start of each academic year, the vice president for research and sponsored programs, in consultation with the academic dean, department chair or director will conduct an assessment of the employee performance under conflict of interest management plan.

(a) The academic dean, department chair or director will provide a written assessment of the employee's performance of their teaching, research and service obligations as outlined in the conflict of interest management plan.

(b) A review of the company's performance focused on the achievement of milestones set forth in the plan including but not limited to the reduction of management responsibilities for the employee, the dilution of employee equity interests, patents filed, etc., will be a part of the annual assessment.

(c) The vice president for research and sponsored programs shall consult with the patent and copyright board at its next regularly scheduled meeting for advice and counsel in the assessment of the performance of the faculty member to meet his/her obligations under the conflict of interest management plan.

(d) Failure to meet the goals outlined in the conflict of interest management plan will result in defined actions prescribed by the vice president for research and sponsored programs in consultation with the academic dean, department chair or director that may include but are not limited to revisions in the management plan, changes in the sponsored research or licensing agreements, or other remedies to ensure that faculty meet commitments to Kent state university.

(8) Agreements with start-up companies. A "start up" company is defined as a legal entity in the early stages of commercializing intellectual property or technology licensed by the university.

(a) Companies may not enter into any agreements with the university relating to the commercialization of a faculty member's research until final written approval from the vice president for research and sponsored programs is obtained.

(b) Faculty who wish to participate in a start-up company may discuss initial company formation matters with the vice president for research and sponsored programs; however, they should not participate in the ongoing negotiation of option and licensing terms between the company and vice president for research and sponsored programs.

(c) As soon as possible, third parties, such as company management and/or legal counsel should perform this function. A company wishing to obtain an exclusive license to the university technology may be required to provide the vice president for research and sponsored programs with a viable business plan including, at a minimum, the following:

(i) A capitalization plan addressing the acquisition of additional capital and the equity dilution of the faculty member's ownership interests;

(ii) A proposed management team; and

(iii) Milestones for capitalization, product development, and commercial sale.

(9) Use of university facilities. Institutional facilities, equipment and other resources may be used for research benefiting a company in which a faculty member has an interest only pursuant to a sponsored research agreement, facilities use agreement or other appropriate contractual arrangement in accordance with institutional policies.

(10) Management of start-up companies. Faculty for a limited period of time may hold management positions in start-up companies commercializing their research. While they may initially find it necessary to play a management role in a newly formed company, it is expected that their management responsibilities will decrease as the company develops. Professional management should be brought in at the earliest opportunity. Agreements between the university and faculty owned start-up companies will specify milestones for the reduction of these management responsibilities.

(11) Management positions in existing companies. A faculty member who acquires interest in a previously established company that contracts with the university to commercialize his or her research should not serve as a director, officer or employee of that company.

(12) Leave to pursue private business activities. Faculty should not allow their management activities with newly formed companies commercializing their research to consume a disproportionate amount of their professional attention. Faculty engaged in approved private business activities who are unable to perform all of their institutional responsibilities are encouraged to consider a full or partial leave of absence without pay. Professional improvement leave available under section 3345.28 of the Revised Code shall not be used for private business purposes.

(13) Student research within the university. Graduate and undergraduate students may use institutional facilities, equipment and other resources to perform research benefiting a company in which a faculty member has an interest only pursuant to a sponsored research agreement.

(14) Student employment with the company. Except as provided in paragraph (C)(15) of this rule, students may be employed by companies in which faculty members hold an interest. Prior to such employment, the student, the faculty member, the chair of the student's department, the chair of the graduate studies committee and a company representative must sign an agreement that clearly sets forth the roles, rights, and responsibilities of the respective relationships.

(15) Employment of students academically involved with faculty owners of the company. A student may not be employed by a company in which a faculty member has an interest if:

(a) The student is enrolled in a course taught by the faculty member;

(b) The faculty member is a member of the student's thesis or dissertation committee; or

(c) The faculty member is the student's advisor or the director of his or her thesis or dissertation research. Such students may perform research benefiting a faculty owned company only pursuant to a sponsored research agreement or formal internship agreement through the university.

(16) Contracts unrelated to technology development. Companies in which faculty hold an interest may enter into agreements with the university unrelated to research or technology development for the purchase, sale or rental of equipment, supplies, or services only to the extent not prohibited by Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.

(17) Investments by faculty not involved with development of the technology. Faculty who are not directly involved with research and development of technology licensed to a faculty owned start-up company may hold equity interests in that company only to the extent not prohibited by Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.

(18) Regulatory review boards. Institutional regulatory review boards, including for example, institutional review board and animal care and use committee, may be utilized for research benefiting a company in which a faculty or staff member has an interest only pursuant to institutional policies.

(19) Limitation of equity ownership. While significant faculty equity ownership may be inherent in a newly formed company, it is expected that faculty ownership interests, as a percentage of the total outstanding shares or membership interests of the company, will decrease as the company develops and attracts additional equity.

(a) Agreements between the university and faculty owned start-up companies shall specify milestones for the dilution of these equity interests. In most cases, the faculty's ownership interest should decrease to no more than twenty-five per cent of the total equity in the company.

(b) Failure to comply with or renegotiate these agreed-upon milestones may result in a renegotiation or in the company's inability to engage in sponsored research, employ students and the other commercialization agreements and/or activities allowed for under this policy.

(20) Principal investigators. Faculty may assume the role of principal investigator in sponsored research projects funded by companies in which they have an interest only pursuant to rules 3342-3-07 and 3342-3-07.1 of the Administrative Code.

(21) Intellectual property. Faculty participating in start-up companies approved pursuant to these guidelines continue to be bound by all institutional policies on patents and copyrights. New inventions and/or discoveries made as a result of a faculty member's research efforts for the company must be disclosed in writing to the vice president for research and sponsored programs. New inventions and/or discoveries developed by the faculty for the company will be owned by the university, unless the patent and copyright board determines that the invention or discovery is wholly unrelated to the research and teaching responsibilities of the faculty member.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-23

(A) University employment is a trust conferred by public authority for a public purpose. Such status forbids the employee from placing himself or herself in a position in which private interest conflicts with public duty.

(B) Such university employment must follow the provisions set forth in statues of the state of Ohio, specifically as found in Chapter 102. of the Revised Code, "Public Officer-Ethics," regarding maintaining the confidentiality of information and the receipt of compensation from other than the university, and Chapter 2921. of the Revised Code, "Offenses against Justice and Public Administration," relating to private interest in a public contract.

(C) No university employee, by virtue of employment by the university, should receive special treatment or favors from university employees, nor should any personal advantage, pecuniary or otherwise, be gained from such employment. This prohibition includes, but is not limited to:

(1) Receipt of gifts;

(2) Payment, pecuniary or otherwise, for service or materials not accounted for through regular university channels; and

(3) The use of a student's services or labor on the university employee's private property without remuneration.

(D) No university employee, by virtue of his or her employment, should receive special treatments or favors from others who do business with the university, nor should any personal advantage, pecuniary or otherwise, be gained from such employment, without prior approval as outlined below in this rule. See also paragraph (E) of rule 3342-6-24 of the Administrative Code.

(E) Unless prior written approval is granted, no university employee may:

(1) Use university resources, including, but not limited to, supplies, materials, equipment, secretarial or staff time, for personal business matters; or

(2) Use university contacts or positions to further private business or other external activity by soliciting students or fellow employees, to participate in, subscribe to, or purchase the activity or any of its possible products, services, or results.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-6-24

(A) Outside activities of a professional nature are encouraged if the activities are consistent with the individual's responsibilities to the university and in furtherance of the aims of the university. Indeed the university recognizes that one mark of an individual's distinction is the esteem in which he or she is held by those outside the university who may request his or her expertise.

(B) No individual, however, shall accept any employment or pursue other activity, whether of a professional or of a nonprofessional nature, which compromises his or her responsibilities to the university.

(C) Prior to accepting continuing remunerative employment, each member of the faculty or academic administrative officer shall seek and obtain approval from the chairperson, school director or regional campus dean, the appropriate academic dean, and the vice president for faculty affairs and personnel or designee. For regional campus employees, approval is also required of the associate vice president for the extended university. In the case of requests from a vice president, approval must be secured from the president of the university. The approval process must be repeated at the start of each academic year.

(D) Whenever there is a question or reservation about the effect of an outside activity of a faculty member or academic administrative officer upon the contractual responsibility to the prime employer, the university, the employee, and his/her responsible administrator shall inform and consult with each other. In the special case of a second teaching activity, it is inappropriate for a full-time university faculty member or full-time academic administrative officer while under contract to accept employment by neighboring or other external organizations to teach courses or to accept similar forms of employment if it conflicts with his or her primary responsibility to the university.

(E) When, after consultation with the individual, the chairperson or academic officer fails to resolve an apparent abuse, then he or she initiate a review by the appropriate advisory committee. If an abuse is found, it may lead to possible disciplinary action, consistent with the established academic policies of the university.

(F) An appeal from a denial of permission to engage in external activities, or against the findings of an advisory committee review, may be lodged with the next higher administrative officer.

History

  • Effective: March 1, 2015
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-05.1 Administrative policy regarding staff participation in companies commercializing institutional research.

(A) Purpose. Staff are encouraged to develop discoveries and inventions with commercial potential; however, they should do so with due regard to the broader teaching and research mission of the university. Staff should not allow their interest in a financial opportunity arising out of their research efforts to influence their teaching or research, or to interfere with the relationships with others in their department.

(B) Eligibility. University rules apply only to staff members and/or student employees who:

(1) Are specifically assigned to engage in research and development activities;

(2) Create intellectual property owned by the university; and

(3) Desire to hold an ownership interest in any firm, corporation, or other association to which the board of trustees has assigned, licensed, transferred, or sold the college or university's interests in discoveries or inventions made or created by that employee or in patents issued to that employee (hereinafter "company") commercializing their research.

(4) This policy serves as exceptions to the Ohio ethics law and related statutes (Chapter 102., sections 2921.42 and 2921.43 of the Revised Code), which might otherwise apply. Matters outside the scope of this chapter will be subject to such laws to the extent applicable.

(C) Responsibilities.

(1) Institutional responsibilities and personal financial interests. Staff members may pursue research projects as authorized by their supervisors. Supervisors must take extra care to monitor the entrepreneurial activities of their staff employees. They should authorize only those staff research projects that will advance the missions of the university and the employing unit, without regard to the financial interests of individual employees.

(2) Staff responsibilities. Staff members may not perform private business activities of any kind during institutional working hours. Staff who wish to perform activities for companies commercializing their institutional research shall do so on their own time. These activities must not interfere with the performance of any of the employee's institutional responsibilities and must be undertaken in accordance with rule 3342-6-23 of the Administrative Code and pursuant to a conflict of interest management plan between the staff member, company and university and approved by the vice provost and dean of research and graduate studies.

(3) Staff supervisors. Staff supervisors are responsible for ensuring that their employees participating in approved entrepreneurial activities continue to perform all of their institutional responsibilities. They are also responsible for enforcing rules 3342-03-07.1 and 3342-6-23 of the Administrative Code and for reviewing and making a recommendation as to the propriety of private business activities reported by staff in written disclosures required by that rule.

(D) Procedures and guidelines.

(1) Reporting business activities. Private business activities that may relate to a staff member's scope of employment shall be reported in writing to the vice president for research and sponsored programs.

(2) Determining applicability of guidelines. Decisions concerning the relationship between a staff member's private business activities and his or her scope of employment shall be made by the vice president for research and sponsored programs.

(3) Activities not related to research. Private business activities that are not subject to these rules because they are unrelated to a staff member's scope of employment are nevertheless subject to the policy on conflicts of interest and commitment, the policy on patents and copyrights and the rules of the employing unit.

(4) Approval process. Staff must obtain approval from the vice president for research and sponsored programs and a conflict of interest management plan must be in place before any business agreements related to their university research are finalized. Staff may not enter into any agreements relating to commercialization of their research until final written approval from the vice president for research and sponsored programs is obtained.

(5) Annual review. Each year on the anniversary of the agreement, the vice president for research and sponsored programs in consultation with the staff supervisor will conduct an assessment of the employee performance under conflict of interest management plan.

(a) The staff supervisor will provide a written assessment of the employee's performance as outlined in the conflict of interest management plan.

(b) A review of the company's performance focused on the achievement of milestones including but not limited to the reduction of management responsibilities for the employee, the dilution of employee equity interests, patents filed, etc., will be a part of the annual assessment.

(c) At the discretion of the vice president for research and sponsored programs, a staff advisory committee may be convened to provide advice and counsel to the vice provost to assist in the assessment of the performance of the staff member to meet his/her obligations under the conflict of management plan.

(d) Failure to meet the goals outlined in the conflict of interest management plan will result in defined actions prescribed by the vice president for research and dean of graduate studies in consultation with the staff supervisor that may include but are not limited to revisions in the management plan, changes in the sponsored research or licensing agreements, or other remedies that ensure the staff meets their commitments to Kent state university.

(6) Agreements with start-up companies. Companies may not execute any agreements relating to the commercialization of a staff member's research until final written approval from the vice president for research and sponsored programs is obtained. While they may find it necessary to do so initially, staff members should not participate in the ongoing negotiation of option and licensing terms between the company and the vice president for research and sponsored programs. When available, third parties, such as company management and/or legal counsel shall perform this function.

A company wishing to obtain an exclusive license to the university technology may be required to provide the vice president for research and sponsored programs with a viable business plan including, at a minimum, the following:

(a) A capitalization plan addressing the acquisition of additional capital and the equity dilution of the staff member's ownership interest;

(b) A proposed management team; and

(c) Milestones for capitalization, product development, and commercial sale.

(7) Use of university facilities. University facilities, equipment and other resources may be used to conduct research benefiting a company in which a staff member has an interest only pursuant to a sponsored research agreement, facilities use agreement or other appropriate contractual arrangement in accordance with rule 3342-3-08 of the Administrative Code and this rule.

(8) Management of start-up companies. Staff for a limited period of time may hold management positions in start-up companies commercializing their research. While they may initially find it necessary to play a management role in a newly formed company, it is expected that their management responsibilities will decrease as the company develops. Professional management should be brought in at the earliest opportunity. Agreements between the university and staff owned start-up companies should contain enforceable milestones for the reduction of these management responsibilities. Failure to comply with these agreed-upon milestones may result in the company's inability to engage in sponsored research, utilize student employees and the other commercialization agreements and/or activities allowed for under these guidelines.

(9) Management positions in existing companies. A staff member who acquires an interest in a previously established company that contracts with the university to commercialize his or her research should not serve as a director, officer or employee of that company.

(10) Leave to pursue private business activities. Staff who wish to perform management activities for newly formed companies commercializing their university research during university working hours may do so only if they take approved leave. Staff who are unable to perform all their institutional duties because of management responsibilities in their private companies are encouraged to consider a reduction of appointment or other approved leave mechanism.

(11) Student research within the university. Graduate and undergraduate students may use university facilities, equipment and other resources to perform research benefiting a company in which a staff member has an interest only pursuant to a sponsored research agreement.

(12) Student employment with the company. Companies in which staff members hold an interest may employ students. Prior to such employment, the student, the staff member, the chair of the student's department, the chair of the graduate studies committee and the company must sign an agreement that clearly sets forth the roles, rights and responsibilities of the respective relationships.

(13) Contracts unrelated to technology development. Companies in which staff hold an interest may enter into agreements with the university unrelated to research or technology development for the purchase, sale or rental of equipment, supplies or services only to the extent not prohibited by Chapter 102., and sections 2921.42 and 2921.43 of the Revised Code.

(14) Investments by staff not involved with development of the technology. Staff who are not directly involved with research and development of technology licensed to a faculty or staff owned start-up company may hold equity interests in that company only to the extent not prohibited by Chapter 102., and sections 2321.32 and 2921.43 of the Revised Code.

(15) Regulatory review boards. University regulatory review boards including, for example, IRBs and animal care and use committees, may be utilized for research benefiting a company in which a staff member has an interest only pursuant to university policies.

(16) Limitation of equity ownership. While significant staff equity ownership may be inherent in a newly formed company, it is expected that their ownership interest, as a percentage of the total outstanding shares or membership interests of the company, will decrease as the company develops and attracts additional equity.

(a) Agreements between the university and staff owned start-up companies should contain enforceable milestones for the dilution of these equity interests.

(b) In most cases, the staff's ownership interest should decrease to no more than twenty-five per cent of the total equity of the company.

(c) Failure to comply with these agreed upon milestones may result in the company's inability to engage in sponsored research, employ students and the other commercialization agreements and/or activities allowed for under this chapter.

(17) Principal investigators. Staff may assume the role of principal investigator in sponsored research projects funded by companies in which they have an interest only pursuant to university policies.

(18) Intellectual property. Staff participating in start up companies approved pursuant to these guidelines continue to be bound by the university policy on patents and copyrights. New inventions and/or discoveries made as a result of a staff member's research efforts for the company, must be disclosed in writing to the vice president for research and sponsored programs. New inventions and/or discoveries developed by the staff member for the company will be owned by the university, unless the invention or discovery is wholly unrelated to the research responsibilities of the staff member.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-06 University policy regarding patents.

(A) Preamble. According to the section 3345.14 of the Revised Code, "All rights and interests in discoveries or inventions, including patents thereon, which result from research or investigation conducted in any experiment station, bureau, laboratory, or research facility of any state college or university shall be the sole property of such college or university." Thus, the university has the right to license, sell, or otherwise dispose of the rights to inventions in which the university has an interest. The board of trustees of the university will determine the final disposition of these rights.

(B) Purposes. Patents and licenses provide an appropriate means for developing and using inventions. This statement of policy has been adopted to ensure that those creative developments in which the university has an interest will be used in a manner most beneficial to the public interest. The purposes of the university patent policy are as follows:

(1) To promote the progress of the arts and sciences through research and scholarship and the professional development of the university's faculty, students, and staff;

(2) To make inventions resulting from the efforts of university faculty, students, and staff available to business and industry, as well as the general public after applying section 3345.14 of the Revised Code;

(3) To obtain revenue for the university for use in furthering its educational and research goals;

(4) To provide appropriate compensation in accordance with the university policy on distribution of license and royalty income, for university faculty, students, and staff who invent.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-06.1 Administrative policy regarding patents.

(A) Definitions. As used in this statement of policy, the following terms have the meaning indicated:

(1) Inventions. All discoveries, methods, uses, products or combinations whether or not patented or patentable at any time under the Federal Patent Act as now existing or hereafter amended or supplemented.

(2) University personnel. Part-time and full-time (paid or unpaid) faculty, staff, and student appointees of Kent state university.

(3) Inventor(s). University personnel who have developed inventions.

(4) Disclosure. A reporting of an invention or creation.

(5) University funds and facilities. Funds and facilities provided by governments, commercial, industrial or other public or private organizations which are administered and controlled by the university shall be considered to be funds and facilities provided by the university.

(B) Rights to inventions.

(1) Domestic and foreign rights to inventions developed by university personnel through their use of facilities or funds provided by the university shall vest in the university and be subject to the distribution of license and royalty income policy. Rights of university personnel in invention(s) are provided in subsequent sections of this statement of policy.

(2) The university may elect to waive ownership under this policy. If the university asserts ownership, but elects not to seek a patent or otherwise pursue commercial development for an invention to which it has vested rights, it will release its rights to such invention to the inventor subject to third party rights to such invention. These actions shall apply only where the inventor(s) has disclosed fully said invention under this policy.

(3) The rights of the university and its personnel to ownership and disposition of inventions are defined in terms of the following summarized categories:

(a) Sponsored work. Rights to inventions which are subject to the terms of a sponsored research agreement between the university and a third party are subject to the terms of the applicable agreement, or, in the absence of such terms, the rights to the inventions shall be vested in the university and be subject to the distribution of license and royalty income policy.

(b) Unsponsored work. Rights to inventions developed by university personnel in university research facilities, through research support provided by the university or with the use of research support facilities or services also shall be vested in the university and subject to the distribution of license and royalty income policy.

(C) Disclosure and disposition of inventions.

(1) Any invention shall be disclosed in confidence by the originator(s) by completing and filing an "Invention Disclosure Form" with the vice president for research and sponsored programs or designee. Such forms are available from the office of technology transfer.

(2) The originator(s) shall work closely with the division of research and sponsored programs and/or any organization to whom the university assigns rights to such inventions and creations in pursuing applications for patents as well as in the pursuit of licensing.

(3) The university has the sole right to license, sell, or otherwise dispose of the rights to inventions which are owned by or have been assigned to the university.

(4) The president, provost, or their designee, may request an audit and report on any university-sponsored or supported research program where patent or copyright issues are involved.

(D) Administration. Administration of this policy regarding patents is the duty of the president and the provost and their designees, who are charged with the execution of the policy and administrative procedures, as well as recommended changes for policy revisions.

(1) University patent and copyright board.

(a) Membership. To assist in the administration of the policy there shall be a university patent and copyright board consisting of ex officio members including the vice president for research and sponsored programs; the director of technology transfer; and the university counsel; four faculty members appointed by the provost; and such outside members with expertise in patent and licensing matters as deemed appropriate by the president or provost. The term of faculty members shall be four years. All members shall be voting members.

(b) Chairperson. The university patent and copyright board shall be chaired by the provost or designee.

(c) Duties. The duties of the university patent and copyright board are to advise on the application of this policy to the specific facts surrounding the development or discoveries and inventions, to recommend appropriate action to the provost, and to study and recommend suitable changes in the patent policy, as the need arises.

(2) Procedures.

(a) The vice president for research and sponsored programs shall establish appropriate procedures for the disclosure of possible discoveries and inventions and shall inform university personnel of such procedures through suitable means.

(b) Employees shall promptly notify the vice president for research and sponsored programs, or designee, of possible discoveries and inventions by filing an invention disclosure form.

(c) Upon the recommendation of the vice president for research and sponsored programs, the provost or designee shall convene the university patent and copyright board for consideration of invention disclosures and any other matters requiring consideration by the university patent and copyright board.

(d) The university patent and copyright board shall promptly consider all disclosures of inventions and creations and requests for a determination of rights and shall make the determinations required within a reasonable time.

(e) The university personnel involved shall be entitled to appear before the university patent and copyright board and present evidence with respect to the disclosure.

(f) The university patent and copyright board's determination shall be made in writing and shall contain a statement of its findings and grounds for decision. The university patent and copyright board may obtain legal and other advice necessary to perform its function.

(g) Actions of the patent and copyright board may be appealed in writing to the provost.

(E) Publication and publicity.

(1) To fulfill the university's obligation as a publicly assisted educational institution, university research should serve a public rather than a private purpose and the results should be broadly disseminated, where the same does not breach any confidentiality agreement to which the university is a party or violate any government law or rule requiring secrecy. The university encourages studies whose results can be freely published.

(2) The university recognizes that in some cases of industry sponsored applied research the legitimate proprietary concerns of private research sponsors and the effective commercialization of research outcomes may require limited delays in publication. Where appropriate, publications can be deferred for a negotiated period of time in order to protect patent rights. Similarly, on those occasions in which the university has accepted a sponsor's proprietary information as necessary background data for a research project, the sponsor may review proposed publications in order to identify any inadvertent disclosure of those specific data.

(3) Because of the potential for delay in publication, the involvement of graduate students in industry sponsored applied research will be governed by the appropriate policies of the graduate schools.

(4) The name of or reference to Kent state university shall not be used in any form of publicity by a sponsor without prior written approval from the university.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-07 University policy regarding misconduct in research and scholarship.

(A) Purpose. One of the major responsibilities of faculty and staff at Kent state university is research and scholarship. Given the importance and influence of research on both the academic community and on society, the university faculty and administration want to assure that all scholarship and research is of the highest possible quality. It is the policy of the university to respond to allegations of misconduct in scholarly and research activities, and to do so with concern for all university processes which protect the rights of all parties involved.

(B) Policy. Although scholarly practices vary greatly, all are built upon a foundation of commonly accepted standards. When planning, proposing, and conducting research and scholarship, and disseminating the results thereof, the following standards shall apply:

(1) All members of the university community share a responsibility to adhere to standards of integrity in their scholarly work and to report fraudulent and other substantial acts of misconduct when they are known or are suspected to have occurred.

(2) Each unit engaged in scholarship and research has the responsibility to maintain an atmosphere that fosters integrity and to follow university procedures for dealing expeditiously and fairly with allegations of misconduct and fraud.

(3) All supervisors of research and scholarship have the responsibility to monitor carefully the activity being conducted under their supervision and to subject procedures and findings to rigorous evaluation.

(C) Scope. No university employee shall engage in misconduct or fraud in the performance of research and scholarly activities or in deviation from accepted standards and practices in any phase of such activities. This shall include violations of applicable federal and state laws and regulations as well as university rules, regulations, and policies.

History

  • Effective: October 15, 2016
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-10-07.1 Administrative policy and procedures regareding allegations and instances of misconduct in research and scholarship.

(A) Purpose. Recognizing a responsibility for the proper and ethical conduct of research and scholarship by all its personnel and students, and further recognizing that allegations or instances of conduct inconsistent with accepted standards may occur, the university is committed to providing maximal opportunity for fairness and due process. Toward this end the procedures stated herein shall be applied when research misconduct is alleged against any university employee. Students accused of cheating and plagiarism will normally be subjected to rule 3342-03-01.8 Administrative Code regarding student cheating and plagiarism. However, if a student is accused of research misconduct associated with externally funded research, then the procedures stated herein shall be applied.

(B) Requirement. As a recipient of federal grants and contracts, particularly from the national science foundation (NSF) and the public health service (PHS), including the national institutes of health, the university is bound by regulations requiring that procedures be established for inquiry into and investigation of alleged or apparent misconduct in scientific activities conducted, funded, or regulated by these agencies. In order to establish a consistent and comprehensive procedure for the university, the procedures set forth below shall apply to all instances of alleged or apparent misconduct in research, scholarly and creative activities regardless of funding or source.

(C) Definitions. The following key definitions apply to the implementation of the requirement in paragraph (B) of this rule.

(1) "Misconduct" fabrication, falsification, or plagiarism, in proposing, conducting, or reviewing research and other forms of scholarship, or in reporting research results.

Any finding of research misconduct shall fulfill three requirements:

(a) There shall be a significant departure from accepted practices of the relevant research community; and

(b) The misconduct shall be committed intentionally, knowingly, or recklessly, and

(c) The allegation shall be proven by a preponderance of the evidence.

(2) "Fabrication" means making up data or results and recording them.

(3) "Falsification" means manipulating research materials, equipment, or failure to meet other material legal requirements governing research and scholarship processes, or changing or omitting data or results such that the research is not accurately represented in the research record.

(4) "Plagiarism" means the appropriation of another person's ideas, processes, results, or words, or artistic works, without giving appropriate credit, or the republication of one's own previously published work without appropriate acknowledgement.

(5) "Inquiry" means preliminary information-gathering and preliminary fact-finding to determine whether an allegation or apparent instance of misconduct warrants an investigation, or other measure, such as referral to the faculty senate ethics committee when appropriate.

(6) "Investigation" means a formal collection and examination of the relevant factual record to determine whether or not misconduct has occurred, and if, following an inquiry pursuant to paragraph (E)(3) of this rule, potential misconduct has been discovered, to assess its extent and consequences and/or determine appropriate action. An investigation may be conducted simultaneously with an inquiry if circumstances warrant.

(7) "Research Record" means the record of data or results that embody the facts resulting from scientific or other scholarly inquiry, including but not limited to, research proposals, laboratory records, both physical and electronic, progress reports, abstracts, theses, oral presentations, internal reports, journal articles, or other publications.

(D) Confidentiality. Subject to applicable law and administrative rules, disclosure of the identity of respondents and complainants in research misconduct proceedings is limited, to the extent possible, to those who need to know, consistent with a thorough, competent, objective, and fair research misconduct proceeding, and as is allowed by law. Subject to applicable law, confidentiality shall be maintained for any records or evidence from which research subjects might be identified.

(E) Procedures.

(1) Accusation. All accusations of misconduct in research or scholarship shall be lodged by the accuser in writing with the chairperson/director/dean of the respondent's academic unit. All accusations shall be submitted with supporting evidence.

(2) Notification. Upon reception of a complaint, the chairperson/director/dean shall immediately notify the vice president for research and sponsored programs, the appropriate undergraduate and graduate dean(s), and the provost. (a) should a chairperson or director be the respondent, the dean of the college shall be the first point of contact and shall notify the vice president of research and sponsored programs, the appropriate graduate dean, and the provost. (b) should an independent school director, collegial dean, regional campus dean, or dean of university libraries be the respondent, the first point of contact shall be the vice president for research and sponsored programs.

(3) Inquiry. The vice president for research and sponsored programs (after appropriate consultation with the chairperson/director/dean, and the faculty advisory committee or two or more senior faculty of the respondent's academic unit) shall select an inquiry committee of no less than three tenured faculty members who have no direct interest in the case but who are otherwise closest in specialty to the area of work of the respondent. The inquiry committee shall be impaneled to identify and review supporting potential evidence of research misconduct and to determine whether an investigation is warranted. This process shall be conducted in the strictest of confidence.

(a) No later than seven business days after being notified of the complaint, the vice president of research and sponsored programs shall notify the respondent in writing and provide the respondent with any materials supportive of the complaint. Any subsequently identified additional respondents shall also be notified in writing and provided any materials supportive of the complaint within seven business days of the identification of such respondents.

(b) The inquiry committee shall promptly undertake all reasonable and practicable steps to obtain custody of all the research records and evidence needed to conduct the research misconduct proceeding, inventory the records and evidence, and sequester them in a secure manner. The respondent(s) may submit a written response or responses to such complaint to the inquiry committee for its review and consideration.

(c) The inquiry committee shall use the following criteria to determine whether an allegation warrants an investigation:

(i) A reasonable basis for concluding that an allegation that falls under the definition of research misconduct exists; and

(ii) Preliminary information-gathering and fact-finding indicate that the allegation may have substance.

(d) The inquiry committee shall prepare a written report of the inquiry to submit to the relevant granting authority if required by law or regulation.

(e) The inquiry committee shall provide the respondent an opportunity to review and comment on the inquiry report and shall attach any comments received from the respondent to the report.

(f) The inquiry shall be completed within sixty calendar days of its initiation unless circumstances clearly warrant a longer period. If the inquiry takes longer than sixty calendar days to complete, then the inquiry report shall contain documentation of the reasons for exceeding this period.

(g) If the inquiry committee decides not to investigate, then the vice president for research and sponsored programs shall preserve sufficiently detailed documentation of the inquiry proceedings.

(4) Notice. The vice president for research and sponsored programs shall notify the respondent whether the inquiry found that an investigation is warranted no later than seven business days from the completion of the inquiry. The notice shall include a copy of the inquiry report and a copy of university policies regarding research misconduct.

The university shall notify the complainant whether the inquiry committee found that an investigation is warranted no later than seven calendar days from the completion of the inquiry.

(5) Investigation. Should the majority of the inquiry committee agree that research misconduct is clearly plausible, then the provost, in consultation with the vice president for research and sponsored programs, and other appropriate members of the university community, shall form an investigation committee from within, and if necessary and/or appropriate, from without the university.

(a) The investigation committee shall consist of at least five full-time university employees with faculty rank:

(i) One of which shall be the vice president for research and sponsored programs as convener;

(ii) One of which shall be a representative of the undergraduate or graduate dean of the respondent;

(iii) And at least two of which shall be ordinarily chosen from the membership of or upon the recommendation of the university research council.

(iv) Additional members may be appointed to provide scientific, legal, or other scholarly expertise required by the nature of the research or scholarship under investigation.

(6) Duties of the investigation committee.

(a) The committee shall begin the investigation within thirty calendar days after the inquiry committee determined that an investigation was warranted.

(b) The investigation committee shall notify the relevant federal authority of the decision to begin the investigation on or before the beginning of the investigation.

(c) The investigation committee shall notify the respondent in writing of the allegations within seven business days after beginning the investigation.

(d) The investigation committee shall make diligent efforts to ensure the thorough and sufficient documentation of all research records and evidence relevant to reaching a decision on the merits of the allegations.

(e) The investigation committee shall take all reasonable steps to ensure an impartial and unbiased investigation.

(f) The investigation committee shall interview the respondent, the complainant, and any other available person who has been reasonably identified as having information regarding any relevant aspects of the investigation. Each interview shall be recorded or transcribed, the record or transcription shall be provided to the interviewee for correction, and the interview shall be included in the record of the investigation.

(g) The investigation committee shall complete all aspects of the investigation within one hundred twenty calendar days of beginning it, including conducting the investigation, preparing the report of findings, providing a draft report for comment to the respondent, and sending the final report to the relevant federal authority.

(h) If unable to complete the investigation in one hundred twenty calendar days, the report shall include an explanation for the extension.

(i) The investigation committee shall provide a written draft of the investigation report to the respondent, who shall be permitted to submit comments within thirty calendar days from its reception.

(j) A final institutional investigation report shall be submitted to the relevant federal authorities and shall:

(i) Describe the nature of the allegations of research misconduct;

(ii) Describe and document the type of federal support received including relevant information such as grant numbers, grant applications, contracts, and publications listing federal support;

(iii) Describe the specific allegations of research misconduct for consideration in the investigation;

(iv) Include a copy of the university policies and procedures under which the investigation was conducted;

(v) Identify and summarize the research records and evidence reviewed, and identify any evidence taken into custody but not reviewed;

(vi) For each separate allegation of research misconduct identified during the investigation, provide a finding as to whether research misconduct did or did not occur, and if so:

(a) Identify whether the research misconduct was falsification, fabrication, or plagiarism, and whether it was intentional, knowing, or in reckless disregard;

(b) Summarize the facts and analyses which support the conclusion and consider the merits of any reasonable explanation by the respondent;

(c) Identify the specific federal support received;

(d) Identify whether any publications need correction or retraction;

(e) Identify the person(s) responsible for the misconduct; and

(f) List any current support or known applications or proposals for support that the respondent has pending with other federal agencies;

(vii) Include and consider any comments made by the respondent and the complainant on the draft investigation report;

(viii) Maintain and provide records to the relevant federal agency upon request: all relevant research records and records of the institution's research misconduct proceeding, including results of all interviews and the transcripts or recordings of each interview.

(F) Employee sanctions. Upon completion of its deliberations and in accord with the sanctions for cause provisions of the appropriate current collective bargaining agreement, the investigating committee may recommend sanctions against the employee(s) found responsible for research misconduct.

(1) A recommendation of sanctions along with the investigation report shall be provided in writing to the provost as well as to the faculty or staff member(s) to whom the recommended sanctions would apply.

(2) Possible sanctions recommended by the investigating committee may include:

(a) A letter of concern;

(b) Direct the vice president for research and sponsored programs to:

(i) Terminate a research grant or contract involved in the misconduct;

(ii) Withdraw research grants or contract proposals connected with the research misconduct;

(iii) Suspend academic year or summer research/creative activity appointments to the faculty member;

(iv) Deny, permanently or temporarily, access to research services and facilities of the office of research and sponsored programs;

(v) Deny access for the purposes of university approved research to human subjects or laboratory animals;

(vi) Notify appropriate federal, state and local agencies as may be required;

(vii) Notify journal editors, book publishers, etc., as appropriate and necessary.

(c) Direction to the dean of the appropriate graduate school to conduct an immediate review of the faculty member's graduate faculty status;

(d) Direction to the dean of the appropriate collegial/independent school/campus unit to:

(i) Place the employee(s) on appropriate probation;

(ii) Reduce pay and/or benefits;

(iii) Suspend the employee(s);

(iv) Initiate termination of employment.

(3) If adopted, all of these recommended sanctions are to be carried out in accord with the sanctions for cause article of the appropriate current collective bargaining agreement and the appropriate paragraphs of this policy register and the Administrative Code.

(G) Student sanctions. Upon completion of its deliberations the investigating committee may recommend sanctions against the student(s) found responsible for research misconduct.

(1) Possible sanctions recommended by the investigating committee may include those applicable sanctions specified in paragraph (F) of this rule and/or applicable academic sanctions set forth in rule 3342-3-01.8 of the Administrative Code.

(2) A recommendation of any such sanctions along with the investigation report shall be provided in writing to the dean of students as well as to the student(s) to whom the recommended sanctions would apply. The dean of students shall determine which, if any, sanctions to apply to a student found responsible for research misconduct.

(H) Appeals.

(1) Employee appeals. Employee subjects of investigation who are found guilty of research misconduct may appeal the findings of the committee of investigation to the provost within ten business days of receipt of the decision and recommendations of the investigation committee. Upon completion of the appeal, the vice president for research and sponsored programs shall report the final results to any relevant agency as appropriate and the provost shall take final action in the case, as appropriate.

(2) Student appeals. Student subjects of investigation who are found responsible for research misconduct may appeal the findings of the committee of investigation in writing to the dean of students within ten business days of receipt of the decision and recommendations of the investigation committee. Upon completion of the appeal, the dean of students shall take final action in the case and impose sanctions as appropriate. Within five business days of receipt of any notice of sanctions from the dean of students, students may appeal such sanctions to the vice president for student affairs. Upon completion of such appeal, the vice president for research and sponsored programs shall report the final results to any relevant agency as appropriate

History

  • Effective: July 1, 2019
  • Promulgated Under: 111.15
Ohio Adm.Code 3342-3-01.8

(A) Purpose. Students enrolled in the university, at all its campuses, are to perform their academic work according to standards set by faculty members, departments, schools and colleges of the university; and cheating and plagiarism constitute fraudulent misrepresentation for which no credit can be given and for which appropriate sanctions are warranted and will be applied.

(B) Definitions. As used in this rule:

(1) "Cheat" means intentionally to misrepresent the source, nature, or other conditions of academic work so as to accrue undeserved credit, or to cooperate with someone else in such misrepresentation. Such misrepresentations may, but need not necessarily, involve the work of others. As defined, cheating includes, but is not limited to:

(a) Obtaining or retaining partial or whole copies of examination, tests or quizzes before these are distributed for student use;

(b) Using notes, textbooks or other information, or content generated by internet-based generative artificial intelligence programs (HAI), in examinations, tests and quizzes, except as expressly permitted by the instructor in the syllabus, examination, test, or quiz;

(c) Obtaining confidential information about examinations, tests or quizzes other than that released by the instructor;

(d) Securing, giving or exchanging information during examinations;

(e) Using GAI to generate content in satisfaction of assigned coursework, except as expressly permitted by the instructor in the syllabus, or applicable assignment;

(f) Presenting data or other material gathered by another person or group, or by GAI, as one's own;

(g) Falsifying experimental data or information;

(h) Having another person, or GAI, take one's place for any academic performance without the specific knowledge and permission of the instructor;

(i) Cooperating with another to do one or more of the listed examples of cheating;

(j) Using a substantial portion of a piece of work previously submitted for another course or program to meet the requirements of the present course or program without notifying the instructor to whom the work is presented; and

(k) Presenting falsified information in order to postpone or avoid examinations, tests, quizzes, or other academic work.

(2) "Plagiarize" means to take and present as one's own a material portion of the ideas or words of another (e.g., person, persons, or GAI) or to present as one's own an idea or work derived from an existing source without full and proper credit to the source of the ideas, words, or works. As defined, plagiarize includes, but is not limited to:

(a) The copying of words, sentences and paragraphs directly from the work of another without proper credit;

(b) The copying of illustrations, figures, photographs, drawings, models, or other visual and nonverbal materials, including recordings, of another without proper credit; and

(c) The presentation of work prepared by another in final or draft form as one's own without citing the source, such as the use of purchased research papers.

(3) "Student" means any person admitted or enrolled at the university in any of its courses, programs, campuses or offerings, including, but not limited to, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit.

(4) "Cooperation" means participation or assistance for the mutual benefit of both parties or the sole benefit of one party.

(5) "Academic sanction" means any of the various sanctions specifically listed in this rule under paragraph (D) of this rule.

(6) "Instructor" means any person employed or appointed to teach in any course or program offering of the university, or a committee appointed to assess, evaluate, or grade a thesis, dissertation or work. Any decision by such a committee shall be by majority vote.

(7) "Chairperson" means the chief administrative officer of a department, school, or program whose position is that of a first organizational level academic leader with a teaching faculty.

(8) "Dean" means the chief administrative officer of a regional campus, college or independent school or equivalent.

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

(10) "College" means an academic unit headed by a dean and includes any independent school headed by a dean.

(11) "Independent College" means a college without subordinate departments or schools.

(12) "Regional campus" means any of the Kent state university system of community-oriented institutions.

(13) "Cheating/Plagiarism Sanction Form" means the form instructors fill out and distribute each time they impose a sanction on a student for cheating or plagiarism.

(14) "Plagiarism School Form" is the form signed by an instructor and student agreeing to a remedial, private session for a student sanctioned for plagiarism in return for a mitigation of the sanction.

(15) "Generative artificial intelligence program (GAI)" means any internet-based generative artificial intelligence programs that make use of large language model algorithms to make something new. AI used for auto-complete, minor text-predictions, and/or grammar/spelling/punctuation suggestions, commonly found in most word-processing applications, is not considered GAI.

(C) Intent and scope of the policy.

(1) In providing this policy, the university affirms that acts of cheating and plagiarism by students constitute a subversion of the goals of the institution, have no place in the university and are serious offenses to academic goals and objectives, as well as to the rights of fellow students.

(2) It is the intent of this policy to provide appropriate sanctions, to provide fair and realistic procedures for imposing those sanctions, to provide safeguards for any student suspected of cheating or plagiarism.

(3) This policy applies to all students of the university, graduate and undergraduate, full or part-time, whose conduct is of such a nature prohibited by the policy. Other offenses of a nonacademic nature are covered by the code of student conduct, rule 3342-4-02 of the Administrative Code and of this register.

(4) Ordinarily, students sanctioned under this policy may not seek to remove such sanction by invoking their rights under other university policies (such as the administrative policies addressing student complaints found in rule 3342-4-02.3 or 3342-8-01.4 of this Administrative Code) but may appeal a finding of responsibility and/or the sanction according to paragraph (F) of this rule.

(D) Sanctions.

(1) Academic sanctions. The following academic sanctions are provided by this rule for offenses of cheating or plagiarism. Instructors are to use the cheating/plagiarism sanction form to indicate which one of the following sanctions is to be imposed on the student. Instructors must send that form to the office of student conduct. For Kent campus instructors the form will be sent by the office of student conduct to the student, the instructor's department chairperson or dean, and the dean for the college in which the student is enrolled. For regional campus instructors the form will be sent by the office of student conduct to the student, and to the regional campus dean.

(a) Coursework. The following academic sanctions are provided by this rule for offenses of cheating or plagiarism. In those cases the instructor may:

(i) Refuse to accept the work for credit; or

(ii) Assign a grade of "F" or zero for the project, test, paper, examination or other work in which the cheating or plagiarism took place; or

(iii) Assign a grade of "F" for the course in which the cheating or plagiarism took place; and/or;

(iv) Recommend to the department chair or regional campus dean that further action specified in paragraph (D)(1)(b) of this rule be taken. The department chairperson or regional campus dean shall determine whether or not to forward to the academic dean or to the vice president for the regional campuses a recommendation for further sanctions under paragraph (D)(1)(b) of this rule.

(v) For students who have not previously been sanctioned for plagiarism, if the instructor and student agree, Plagiarism School could be provided as a means to mitigate the sanction (as described in paragraphs (B)(14) and (G) of this rule.)

(b) Degree. The following academic sanctions are provided for acts of cheating or plagiarism which so permeate the student's work that the effect is to compromise the validity of a degree. Such occurrences may be related, but not limited to, professional or graduate work. Sanctions which can be invoked by the dean of the college in which the student is enrolled or by the vice president for the regional campuses include those provided in paragraph (D)(1) of this rule; and/or

(i) Revocation or recommendation to decertify or not to certify; or

(ii) Rejection of the thesis, dissertation or work; or

(iii) Recommendation for revocation of a degree.

(2) Other sanctions. If the instructor feels, or the department chair or director, or dean where appropriate, that the offense is of such nature that the academic sanctions are an insufficient remedy, or that they are not available, he or she may initiate additional procedures by referring the matter in its entirety to the academic hearing panel defined in paragraph (I) of this rule, which can consider additional disciplinary sanctions. After the office of student conduct receives notification of a sanction via the cheating/plagiarism sanction form (see paragraph (D)(1) of this rule), the academic hearing panel will conduct a hearing to determine if the academic sanction applied by the instructor as well as additional disciplinary sanctions it deems appropriate will be assessed against the student. The following sanctions can only be imposed by the academic hearing panel following a hearing as set forth in paragraph (H) of this rule.

(a) Disciplinary probation. This sanction is one that places the student in serious jeopardy with the university. This sanction is invoked for a specified period of time. Notification of sanctions will be made to appropriate university offices, including the student's academic college or school. Students on disciplinary probation: might be subject to automatic dismissal or suspension if found responsible of any act of misconduct, including violation of the terms of the disciplinary probation.

(i) Might not be permitted to participate in an official non-curricular capacity such as intercollegiate athletics, intramurals, fine arts activities, or as an officer of a student organization, etc.

(ii) Might be restricted from entering or remaining in selected campus buildings or in specified university facilities.

(b) Disciplinary suspension. This sanction is one of involuntary separation of the student from the university for a specified period of time. Notification of sanctions will be made to appropriate university offices, including the student's academic college or school. Students suspended:

(i) If a sanction grade was assigned, it should remain on the transcript.

(ii) Might be required to leave the land and/or premises of the university effective the date of suspension. Permission may be granted by the vice president for enrollment management and student affairs for entrance to university premises for a specified purpose and time.

(c) Disciplinary dismissal. This sanction is one of involuntary separation of the student from the university. Notification of sanctions will be made to appropriate university offices, including the student's academic college or school. Students dismissed:

(i) If a sanction grade was assigned, it should remain on the transcript.

(ii) Might be required to leave the land and/or premises of the university effective the date of dismissal. Permission may be granted by the vice president for enrollment management and student affairs for entrance of the student to university premises for a specified purpose and time.

(iii) Shall be reinstated only by the provost, who shall establish criteria for readmission.

(d) Additional sanctions. Additional sanctions are the prerogative of the AHP. They may be mandated as part of the sanctions listed above. Some options that may be considered are as follows:

(i) Counseling;

(ii) No contact order;

(iii) Educative/rehabilitative program referral;

(iv) Monetary penalty (not to exceed two hundred dollars);

(v) Letter of apology;

(vi) Warning;

(vii) Persona non grata status;

(viii) Campus access restrictions; and/or

(ix) Other as deemed appropriate through the disciplinary process

(E) Procedures for invoking sanctions.

(1) Academic administrative procedures pertaining to paragraph (D)(1)(a) of this rule. In the event that an instructor determines that it is more probable than not that a student in a course or program under the instructor's supervision has presented work for university credit which involves an act of cheating, plagiarism or cooperation in either, then the instructor shall:

(a) Inform the student as soon as is practical of the belief that an act of cheating or plagiarism has occurred. If the student cannot be reached in a reasonable period of time, the instructor may proceed with sanctions, notifying the student in writing as promptly as possible of the belief and the procedural steps the instructor has taken.

(b) Provide the student an opportunity to explain orally, in writing, or both, why the student believes the evaluation of the facts is erroneous.

(c) If the explanation is deemed by the instructor to be inadequate or if no explanation is offered, the instructor may impose one of the academic sanctions listed in paragraph (D)(1)(a) of this rule. In addition, the instructor may refer the matter to the dean of the college, campus, or school in which the student is enrolled for imposition of academic sanctions listed in paragraph (D)(1)(b) of this rule.

(d) The instructor shall provide a copy of the cheating/plagiarism sanction form to the office of student conduct. That office will provide copies of the form to the student, the instructor's departmental chairperson, or, for independent colleges and regional campuses, the dean of the college or campus in which the instructor is assigned, the dean of the college or campus in which the student is enrolled, and the office of student conduct, listing the specific sanction assessed (as defined in paragraph (D)(1)(a) of this rule) and whether or not the instructor is recommending the imposition of academic sanctions listed in paragraph (D)(1)(b) of this rule to the appropriate dean (the dean of the college or campus in which the student is enrolled). The form also serves to inform the student of the right to appeal.

(e) The instructor shall keep the evidence of cheating or plagiarism in a secure place and provide it upon request to the department chair, independent college or campus dean, or the academic hearing panel. The instructor shall provide copies on request to the student at the student's expense.

(f) The instructor shall cooperate with academic and student conduct personnel in any appeal of the decision, and/or in adjudication of any disciplinary proceedings.

(2) Academic administrative procedures pertaining to paragraph (D)(1)(b) of this rule.

(a) With concurrence from the faculty member and the department chairperson, the academic dean or the vice president of the regional campuses may invoke sanctions specified in paragraph (D)(1)(b) of this rule.

(b) The recommendation for sanction, paragraph (D)(1)(b)(iii) of this rule, is made by the academic dean or the vice president for the regional campuses who forwards it to the provost, who must approve it and forward it to the president, who must approve it and forward it to the board of trustees for approval.

(3) Procedures pertaining to paragraph (D)(2) of this rule (non-academic, disciplinary sanctions).

(a) After receiving notification from the instructor that a sanction has been imposed and/or recommended in paragraph (E)(1)(d) of this rule, the office of student conduct will check to see if a sanction invoked by this code was previously imposed on the student. If it is determined that the student was previously sanctioned and was not successful in removing the sanction through the appeal process defined in paragraph (F) of this rule, the matter in its entirety will be referred to the academic hearing panel (AHP) (defined in paragraph (H) of this rule).

(b) The AHP will follow the process established in paragraph (F) of this rule to determine if the academic sanctions imposed by the instructor and/or dean are upheld and/or if disciplinary sanctions should also be applied.

(F) Academic appeals. All appeals for sanctions imposed as a result of this policy will be adjudicated by the academic hearing panel.

An appeal of a sanction imposed by an instructor or a dean must be filed with the office of student conduct by the student within fifteen working days of receipt of the cheating/plagiarism sanction form.

(1) Hearing.

(a) The burden of establishing by a preponderance of the evidence that cheating or plagiarism occurred is on the person who claims the act took place.

(b) The instructor shall provide documents, if any, in support of the decision and shall make a statement, orally, in writing, or both, of the facts and the basis for the decision.

(c) The student may make a statement in writing, orally, or both.

(d) Both the instructor and student may ask questions of the other at an appropriate time during the hearing.

(e) Both may present witnesses.

(f) Both have the right to hear all testimony and examine all evidence.

(g) At the hearing, the student may be accompanied by one other person of his or her choice. That person may act as an advisor to the student, but may not participate in the hearing procedure in any manner whatsoever. No party may be represented by legal counsel.

(G) Plagiarism school. As a means to address less severe cases of student plagiarism (acts that may be considered by the instructor to be unintentional), the instructor may request that the student attend a remedial, private session administered by university libraries regarding acceptable ways to document research.

(1) Plagiarism school will only be offered to students not previously sanctioned for plagiarism.

(2) Plagiarism school will only be offered if both the instructor, and student and representative from university libraries (the plagiarism school instructor) agree by signing the "Plagiarism School Form." The instructor will indicate on the form how the sanction will be modified in favor of the student if the student completes all activities identified on the form.

(3) A student's successful completion of plagiarism school does not in any way change the process of reporting acts of cheating and plagiarism according to this policy.

(4) Upon successful completion of plagiarism school, university libraries will notify the instructor so that he/she can mitigate the sanction as indicated in the form.

(H) The academic hearing panel (AHP) is a special hearing panel established to decide cases resulting from either a referral for disciplinary sanctions from instructors, chairs, directors, or deans (paragraph (D)(2) of this rule), when an appeal of a sanction imposed by an instructor or a dean, or when a determination has been made that a student has previously been sanctioned for an act of academic dishonesty pursuant to this policy.

(1) Composition. The panel shall be appointed by the provost: a minimum of ten KSU faculty, five having graduate faculty status (staggered, serving terms of two years), a minimum of five current KSU graduate students (serving a one-year term), and a minimum of five current KSU undergraduate students (serving a one-year term). The provost will appoint one faculty member as chair at the beginning of each fiscal year.

(2) Charge. For the purpose of holding a hearing, the chair will select a hearing committee of three AHP members (two faculty and one student). The committee selections should be based on graduate/undergraduate status (graduate faculty and student for cases involving an accused graduate student, undergraduate faculty and student for cases involving an accused undergraduate student) and be consistent with eligibility standards set in paragraph (H)(4) of this rule. The AHP will conduct hearings based on allegations of academic misconduct and determine if the accused student is in violation of this policy. Once the AHP has determined that a violation has been committed, the student will be assessed an academic sanction (as defined in paragraph (D)(1) of this rule or as defined in paragraph (D)(2) of this rule or a combination of both.) The severity of the offense and the student's overall behavior regarding academic honesty will determine the sanction(s) assessed against the student.

(3) Training. Annual training will be offered in a joint effort by persons appointed by the provost and the vice president for enrollment management and student affairs, and convened by office of student conduct.

(4) Eligibility. Faculty who are current instructors of the accused student, faculty of the instructor's department, and any student appointed to the AHP who shares a class, residence, or known affiliation with the accused student are not eligible to sit on the AHP hearing committee for that respective accused student.

(5) Records. All AHP hearings are closed to the public and are recorded, minimally audio, using current technological equipment available (i.e. DVD). All technological recordings shall be destroyed in accordance with university recordkeeping protocol.

(6) All matters pertaining to the conduct of the appeal hearing shall be under the sole authority of the academic hearing panel.

(I) Appeals.

(1) Students, faculty, and deans may appeal the decisions of the hearing board or officers to the provost. No additional appeal will be heard.

(2) Appeals are limited to the following reasons:

(a) The decision is not in accordance with the evidence presented;

(b) The decision was reached through a procedure not in accordance with this rule;

(c) New information is available which may suggest modification of the decision;

(d) Sanction(s) imposed were not appropriate for the conduct violation which the student was found responsible for;

(3) An appeal must be in writing, must state clearly the rationale for the appeal and must be submitted within seven calendar days of the date of the decision.

(J) This policy will be effective beginning with the fall 2012 catalog year

Last updated August 19, 2024 at 8:36 AM

History

  • Effective: August 19, 2024
  • Promulgated Under: 111.15

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