This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3344-11-01 | Faculty personnel policies.
Effective:
April 20, 2014
(A) (Approved November 13, 1974;
effective February 1, 1975; amended May 24, 1988, September 26, 1997, December
6, 2000, February 21, 2001, October 24, 2001, February 27, 2002, June 25, 2003,
April 28, 2004, May 26, 2004, May 20, 2005, September 20, 2007, April 11, 2008,
September 12, 2008, October 23, 2008, June 22, 2009, February 16, 2010, June
28, 2011, April 11, 2012, and May 20, 2013). (B) The following personnel policies and
bylaws apply to members of the bargaining unit only insofar as they deal with
areas not covered by the Cleveland state university-American association of
university professors ("CSU-AAUP") bargaining agreement currently in
effect. In any case in which there is a conflict between these policies and the
collective bargaining agreement, the collective bargaining agreement shall
supersede.
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Rule 3344-11-02 | Definitions.
Effective:
August 13, 2020
The following are definitions of key words and
phrases used in rules 3344-11-01 to 3344-13-04 of Administrative Code: (A) "Faculty" All persons who have been granted full-time
appointments by the board of trustees to the rank of professor, clinical
professor, associate professor, clinical associate professor, assistant
professor, clinical assistant professor, instructor, assistant college
lecturer, associate college lecturer, senior college lecturer, research
assistant professor, research associate professor, research professor, college
of law clinical professor, college of law legal writing professor, professor of
practice, associate professor of practice and assistant professor of practice.
Faculty are members of a college as defined in paragraph (A) of rule 3344-13-01
of the Administrative Code. For definitional purposes within these rules, a
freestanding school is the equivalent of a college, unless otherwise
specified. (B) "Contract" The instrument issued annually by the university
that specifies rank, tenure status, salary, schedule of salary payment, and any
special terms of employment of a faculty member, such as a specific percentage
of time assigned to administrative responsibilities. (This is not to be
confused with the CSU-AAUP collective bargaining agreement, often colloquially
referred to as "The Contract.") (C) "Appointment" The original admission to faculty rank and status
at Cleveland state university granted by appropriate action of the board of
trustees and the entering into a contract. An appointment continues throughout
a faculty member's continuous service in the university. Neither promotion
in rank nor the issuance of subsequent annual contracts constitutes appointment
or "reappointment." (D) "Tenure" The status in the university established by
formal action by the board of trustees granting the prerogative of a faculty
member to employment on a continuing basis subject to dismissal only for the
particular causes and after due process specified in this document. (E) "Probationary
period" The maximum cumulative full-time service that a
person eligible for tenure can be required to serve before the time the board
of trustees must decide to confer tenure or to terminate the faculty
member's appointment, (see paragraph (D)(1) of rule 3344-11-03 of the
Administrative Code.) (F) "Length of faculty
service" Those years of full-time academic service
computed for purposes of tenure and promotion representing the sum of: (1) The number of
complete academic years (August through May) of full-time academic service,
and; (2) The whole number
(e.g. 0, 1, 2...) obtained by adding together all fractions of academic years
served and rounding to the nearest whole number. If the fraction is one-half,
the fractions shall be rounded to the nearest lower whole number. Summer
teaching shall not be counted in computing years of service, unless the provost
and senior vice president for academic affairs (subsequently referred to as the
provost) has agreed in writing to substitute a summer semester for an academic
year semester of teaching. Leave of absences, paid or unpaid, shall count as
years of service if the primary purpose of the leave of absence was scholarly
activity other than the completion of the requirements for an degree, unless
prior to any such leave of absence, there was a mutual agreement in writing by
the faculty member, the faculty member's dean, and the provost excepting
the leave from years of service. (3) Years of service for
purpose of promotion and tenure shall not include any year in which less than
fifty per cent of assigned duties, as stipulated by contract, entailed
departmental research and instruction. (G) "Primary responsibility"
(in personnel actions) The contract designation at the time of a faculty
member's original admission to faculty rank and status at CSU of the
department, school, college, or academic unit as appropriate, which has primary
responsibility for the making of recommendations for promotion, granting of
tenure, and termination. Such primary responsibility can subsequently be
transferred to another department, school, college, or academic unit with
written consent of all parties concerned. (H) "Personnel
action" Any decision or recommendation made by a person
or persons with authority or responsibility in procedures relating to faculty
appointment, termination or continuance of appointment, promotion, and the
granting of tenure. (I) "Peer review
committees" The mechanism through which faculty participate
in personnel actions. (1) Committees shall be
formed from departmental faculty, the faculty of two or more cognate
departments, or the faculty of a college, depending on the size, maturity, and
strength of the academic unit involved in a given personnel action. The faculty
body from which a committee is formed shall, hereinafter, be referred to as a
grouping. (2) Rules for the
composition of committees. Departments or schools shall come to an
agreement with their dean as to which of three groupings in paragraph (I)(1) of
this rule is appropriate for their situation in each type of personnel action.
When agreement between the department and the dean is not possible, the
decision shall be referred to the college faculty affairs committee. (a) The various types of personnel actions may be performed
by one or several committees as the grouping shall determine. (b) The faculty of each grouping shall determine the means
by which the members of the peer review committees shall be chosen. The
selection process shall be subject to annual review in April. (c) Committees shall consist of at least five members, have
a majority of tenured members, and include only faculty at the rank of
assistant professor or above. Department chairpersons shall not serve on these
committees. (d) Each committee shall select a chairperson who will
receive and disseminate all information pertinent to committee actions.
(e) The names of members of the various peer review
committees and their chairpersons shall be reported to the dean of the relevant
college and shall be generally available to faculty and
administration. (J) "University personnel
committee" A committee of eight tenured faculty members
shall assist the provost (through recommendations) on all personnel action
recommendations that are in disagreement. The provost shall also have the
discretion to refer any other personnel action to the university personnel
committee. This committee shall also represent the faculty in certain matters
related to the evaluations of chairpersons and deans. The functions of the
committee are prescribed in these policies (see paragraphs (B), (D), (E), and
(F) of rule 3344-11-03, paragraph (D) of rule 3344-11-06, and paragraphs (A)
and (B) of rule 3344-11-07 of the Administrative Code. The bylaws of the
faculty senate shall prescribe the procedures for its selection. (K) "Dismissal" The action that results in the ending of a
tenured appointment or of a probationary appointment before the conclusion of
any contracted term of service. (L) "Termination" The action that results in the non-reappointment
of a faculty member serving under a non-tenured or probationary appointment at
the conclusion of any contracted term of service. (M) "Visiting
professorship" An appointment on a full-time, but temporary,
basis in any faculty rank specified upon a contract of one year's
duration, renewable for one additional year for a total of two years, whether
consecutive or not. Persons holding such appointments shall not be eligible for
tenured status or promotion, nor shall they be entitled to receive successive
annual contracts nor any notice that their appointment will not be continued.
Persons holding such appointments may seek faculty status through appointment
to the professorial ranks set forth in this rule and according to the procedure
set forth in paragraph (B) of rule 3344-11-03 of the Administrative Code, if
they satisfy the criteria of such appointment as set forth in paragraph (A) of
rule 3444-11-03 of the Administrative Code, hereof. (N) "Emeritus/Emerita
professorship" The honored status awarded to a retiring faculty
member upon recommendation of the faculty of the academic unit (department,
college, or other unit as appropriate) and approval by the president and the
board of trustees. To be eligible for emeritus status, a faculty member shall
have attained the rank of associate professor or professor, associate college
lecturer or senior college lecturer, associate professor of practice or
professor of practice, clinical associate professor or clinical professor,
college of law clinical professor or college of law legal writing professor at
Cleveland state university and have served Cleveland state university full-time
for at least ten years. Upon such appointment, the retiring associate professor
or professor shall be designated associate professor emeritus/emerita or
professor emeritus/emerita. A retiring associate college lecturer or senior
college lecturer shall be designated associate college lecturer
emeritus/emerita or senior college lecturer emeritus/emerita. A retiring,
associate professor of practice or professor of practice shall be designated
associate professor of practice emeritus/emerita or professor of practice
emeritus/emerita. A retiring clinical associate professor or clinical professor
shall be designated clinical associate professor emeritus/emerita or clinical
professor emeritus/emerita. A retiring college of law clinical professor or
college of law legal writing professor shall be designated college of law
clinical professor emeritus/emerita or college of law legal writing professor
emeritus/emerita. The faculty shall be entitled to reasonable email, office,
library, mail, clerical, and laboratory facilities and services and bookstore
discount privileges, to the extent that the president shall determine that the
university resources reasonably allow; the faculty member's name shall be
listed in the university bulletins and directory, and the faculty member shall
receive any other benefits and privileges that shall be specified by the
president. (O) "Adjunct
professorship" The appointment on a part-time, semester by
semester basis in any faculty rank of a person who brings special skills,
training, experience, or expertise to some aspect of the academic program of
the university. Service to the university shall not be the faculty
member's principal vocation. (P) "Equal opportunity hearing
panel" A panel of twenty-one members of the faculty,
including deans, associate deans, assistant deans, and chairpersons, that shall
determine complaints of discrimination on the basis of race, religion, color,
national or ethnic origin, sex, age, handicap or disability, sexual
orientation, or special disabled or Vietnam-era veteran status by members of
the faculty. The functions and the manner of selecting the panel are prescribed
in these policies (see rule 3344-11-17 of the Administrative Code) and in the
bylaws of the faculty senate (see paragraph (K)(6) of rule 3344-13-02 of the
Administrative Code.) (Q) "Department chairperson/director
of school" The department chairperson is the chief
administrative officer of an academic department. All references to department
chairpersons that appear in these personnel policies shall be understood to
apply also to directors of schools.
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Rule 3344-11-04 | Conflict of interest.
Effective:
November 26, 2023
While faculty are expected to act according to the
highest standards of professional ethics, conflicts of interest may arise to
varying degrees in numerous situations. Traditional safeguards and the good
conscience of individual faculty members may be relied upon to maintain high
ethical standards, yet in the areas of faculty activity described in this rule,
the overall perception of total fairness is deemed so important that specific
safeguards are given: (A) Nepotism. No person shall initiate or participate in any
decision involving a direct benefit (e.g., initial appointment, continuance of
non-tenured appointment, promotion, tenure, salary increment, leave of absence)
to a member of their immediate family (here defined as spouse, parent, child,
or sibling). Where such a relationship exists, the provost shall approve a
procedure that shall eliminate such related person from any role in direct
benefit decisions affecting the other related person. The president shall
replace the provost in the function described in this rule if the provost is
involved in a direct benefit decision affecting a member of the provost's
immediate family. (B) Other relationships. Conflicts of interest may arise in other
situations which do not involve a relationship involving an immediate family
member identified in paragraph (A) of this rule. Such situations could include,
but are not limited to members of the extended family, an ex-spouse, or a
current (or ex-) partner, or a current (or ex-) fiance(e). Other examples could
include a financial relationship in which financial concerns are present.
Individuals in these situations should inform the provost and the provost shall
make the final determination of the individual's ability to participate in
the decision-making process. The president shall replace the provost in the
function described in this rule if the provost is the involved person. (C) Faculty awards and internal research
grants. No faculty member seeking, or having been
nominated for, internal research grants or any other award in recognition of
excellence or outstanding performance shall use their authority or influence
with the university to affect the outcome of their case. Such a faculty member
may serve on the evaluating committee, but shall not participate in any
deliberations or decisions made by the evaluating committee on their particular
case. Appropriate safeguards shall be put into place by the evaluating
committee to prevent the faculty member from indirectly influencing their case,
for instance through inside information or through artificially lowering the
assessment of competing cases. (D) Personnel actions. (1) No faculty member
seeking, or having been nominated for, tenure and/or promotion shall
participate in any deliberations or decisions made by the same peer review
committee (or personnel action committee), college peer review committee,
university peer review committee or university personnel committee during the
academic year in question. Agreement to serve on such a committee shall be
construed as agreement not to receive direct benefit from decisions made by the
committee. (2) No faculty member
shall participate in the discussion and/or vote in a given personnel action
both at the university personnel committee (UPC) level or university peer
review committee (UPRC) level and at either the college or departmental peer
review committee (PRC) level. If the entire faculty of a college constitutes
its PRC, the conflict of interest provision would be invoked only when a UPC
member or a UPRC member has been delegated a substantial role other than as a
voting member of the body in the evaluation process at an earlier stage. The
faculty member shall choose at which level to participate. (E) Dual status as a student and faculty
member. No faculty member at Cleveland state university
may enroll in any Cleveland state university course in which credit will be
awarded toward the degree program in which that faculty member serves. No
student at Cleveland state university may serve as instructor of record in any
Cleveland state university course in the degree program in which that student
is enrolled. (F) Dual status as a faculty member and
administrator. Faculty members who also hold administrative
positions including president, provost, vice provost, dean, associate dean,
assistant dean, department chair, school director or any other administrative
position that automatically takes them out of the bargaining unit shall not
participate in department-level votes.
Last updated November 27, 2023 at 11:48 AM
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Rule 3344-11-05 | Academic freedom.
Effective:
April 20, 2014
Cleveland state university subscribes to the 1940
"Statement of Principles on Academic Freedom and Tenure" of the
American association of university professors and the association of American
colleges as stated in rule 3344-11-13 of the Administrative Code. (A) The right to demonstrate and protest on university
property. It is recognized that free speech is essential in
a democratic society. As individuals or as groups, the faculty are permitted to
demonstrate and protest on university property in opposition to university,
city, state, national, or international policy provided they do not violate any
applicable local, state or federal law, or, in the case of members of the
bargaining unit, provisions of the agreement between CSU and the CSU-AAUP
chapter, and no acts are performed that cause damage to property (personal or
university); cause physical injury to any individual; prevent any student from
attending class, entering or leaving any university facility, or attending any
special program on university property; prevent administrative officers,
faculty, students, employees, or invited guests of the university from
performing duties they are authorized to perform; block the normal business of
the university, particularly classroom or laboratory instruction; and block
pedestrian or vehicular traffic. (B) Faculty members are subject to the limitations imputed
by law in the exercise of their rights of freedom of speech, protest, and
demonstration in support of or opposition to public or university policy. Some
of these limitations are set forth in rule 3344-11-16 of the Administrative
Code, appended, hereto. (C) Institutional due process (revised June 28, 2011).
As a principle, the university will operate in
such a way that faculty enjoy freedom from arbitrary or discriminatory
treatment. Each dean or faculty body, as appropriate, shall establish
reasonable criteria and fair procedures pursuant to which decisions
significantly affecting faculty, including the assignment of courses, the
scheduling of classes, the participation in summer semester instructional
programs, and the award of promotional and annual salary increments shall be
made. (D) Academic freedom encompasses the freedom of any faculty
member and other members of the full time teaching staff to address any matter
of institutional policy or action, whether or not that faculty member is or can
be a member of any agency of institutional governance. All faculty and all such
members of the teaching staff have the freedom to address both the Cleveland
state university and broader communities with regard to any social, political,
economic, or other interest. Exercise of these freedoms shall not be subject to
institutional discipline or restraint, save for statements or actions that
constitute disciplinary incompetence, "good cause" for dismissal,
violations of professional ethics, and/or that are disruptive. Academic
responsibility includes the good faith performance of professional duties and
obligations, the recognition of the demands of the scholarly enterprise, and
the candor to make it clear that, when one is speaking as a citizen on matters
of public interest, one is not speaking for the institution. Nothing, herein,
diminishes the university's existing powers of selecting, retaining and
removing from an administrative position a faculty member who jointly holds
that administrative position; in the case of joint faculty-administrative
appointments, only the person's faculty status is protected by this rule.
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Rule 3344-11-06 | Sanction and dismissal procedures (non-bargaining unit members only).
Effective:
November 26, 2023
(A) Sanction procedures. If the chief academic officer of the university
believes that the conduct of a faculty member, although not constituting
adequate cause for dismissal, is sufficient to justify sanction short of
dismissal, such as suspension of service for a stated period or a formal letter
of reprimand in a permanent file, then the chief academic officer may initiate
a procedure to impose such a sanction. (1) Sanction of a faculty
member for just cause shall occur only because of: (a) Demonstrated incompetence or dishonesty in teaching or
scholarship; or (b) Manifest neglect of duty; or (c) Personal conduct that substantially impairs the
individual's fulfillment of their institutional responsibilities (see rule
3344-11-14 of the Administrative Code), including but not limited to drug or
alcohol abuse; trafficking in illegal drugs; and sexual, ethnic, racial, or
religious harassment. (2) The procedure is to
be initiated by the chief academic officer. The faculty member shall receive a
written statement of cause and efforts shall be made toward informal resolution
of the problem. Should informal efforts be unsuccessful, or should a sanction
be sought, the university faculty affairs committee shall be consulted. The
faculty member shall be provided an opportunity within ten days for an informal
hearing before the university faculty affairs committee (see paragraph
(G)(2)(g) of rule 3344-13-03 of the Administrative Code), following which the
appropriateness of a sanction shall be determined by the chief academic officer
with the advice and consent of the university faculty affairs committee.
(3) At any time prior to
the final resolution of the matter, the chief academic officer may temporarily
relieve an accused faculty member of all academic responsibilities if the chief
academic officer deems this action to be necessary in an emergency to prevent
immediate harm to the faculty member or others at the university. However, the
chief academic officer shall communicate this decision in writing to the
university faculty affairs committee as soon as possible. The accused faculty
member shall suffer no loss of pay or benefits during such a period of
temporary suspension. (4) Sanctions involving
suspensions, with or without pay, or a possible reduction of salary in
succeeding academic contracts are subject to the same formal process as
prescribed for cases of dismissal of a faculty member (see paragraph (C) of
rule 3344-11-06 of the Administrative Code). (B) Cause for dismissal based upon
charges. (1) The following charges
preferred against a faculty member shall ground a proceeding for
dismissal: (a) Professional incompetency; (b) Substantial, willful, and persistent neglect, without
justification or excuse, of an essential institutional duty, validly prescribed
by the university; (c) Conviction of a crime involving moral turpitude;
(d) Fraudulent credentials; (e) Violation of proscribed behavior under rule 3344-11-14 of the
Administrative Code. (2) In addition to the
foregoing, the Revised Code lists offenses, which are grounds for automatic
suspension and, upon conviction, automatic dismissal (see rule 3344-11-16 of
the Administrative Code.) (C) Dismissal procedures. Dismissal proceedings shall be conducted
consistently with the 1958 statement of the ("AAUP") American
association of university professors and ("AAC") association of
American colleges. The preliminary proceedings described in the 1958 statement
shall be conducted by an informal hearing committee provided for in the
university bylaws and the formal proceedings, if necessary, shall be conducted
as follows: (1) Dismissal procedures
against a faculty member shall be initiated by personal service upon such
faculty member, or by certified and regular mail, of a written statement of
charges, framed with particularity, by the chief academic officer.
(2) The affected faculty
member shall have the right to an informal meeting with the chief academic
officer within ten days of service of the statement of charges to provide the
faculty member the opportunity to present to the chief academic officer facts
and circumstances pertaining to the charges against the faculty member.
(3) The chief academic
officer shall have seven days within which to respond to such additional
information and shall revoke, modify, or issue the dismissal as originally
stated. The notice of dismissal shall be by personal service upon the faculty
member, or by certified and regular mail. The president of the university
senate shall be notified of the action being taken. (4) The faculty member
may request a formal hearing by notifying the chief academic officer within ten
days of personal service, or thirteen days of mailing, of the notice of
dismissal, or the right to a hearing is waived. If the faculty member does
request a hearing, the faculty member may submit a formal response to the
charges in writing within twenty days after the formal request for a hearing is
made. (5) Upon receipt of the
request for a formal hearing, the chief academic officer shall initiate the
formal hearing process. Such process shall be as follows: (a) The chief academic officer shall advise the president of the
faculty senate of the request for a formal hearing. (b) The faculty senate academic steering committee, pursuant to
senate by-laws and rules, shall designate a member of the faculty senate to
participate as a member of a tripartite hearing panel. (c) The chief academic officer shall also appoint an
administrator with tenured faculty status to the hearing panel to represent the
office of academic affairs (hereinafter,
"administration"). (d) The panel members designated by the faculty senate and the
chief academic officer shall jointly contact the federal mediation and
conciliation service, who shall appoint an impartial hearing officer who shall
act as the chair of a tripartite hearing panel to hear the matter. (6) A hearing shall be
commenced within thirty days of receipt of the request for a formal hearing.
The hearing shall be conducted pursuant to the applicable provisions of the
Revised Code and Administrative Code applicable to agency hearings.
Notwithstanding any provision of law or rule, during the proceedings, the
faculty member shall be permitted to have an academic adviser and counsel of
the faculty member's choice. (7) A certified record of
the hearing or hearings shall be taken by an official stenographer. A tape of
the hearing or hearings shall be made available to the faculty member without
cost to the faculty member, at the faculty member's request. If a
transcript is required, the cost of such a transcript shall be borne by the
university. (8) The university bears
the burden of proof by a preponderance of the evidence that cause exists to
dismiss the faculty member. (9) The hearing shall be
held on a continuing basis. Adjournments shall be granted by the hearing panel
for good cause. (10) The faculty member
shall be afforded an opportunity to obtain necessary witnesses and documentary
or other evidence, and the administration shall, insofar as it is possible for
it to do so and with due regard for confidentiality and privileged information,
secure the cooperation of such witnesses and make available necessary documents
and other evidence within its control. (11) The faculty member
and the administration shall have the right to confront and cross-examine all
witnesses. (12) In the hearing of
charges of professional incompetence, the testimony may include that of
individuals deemed by the panel to be experts in the field. Such qualification
shall be agreed to by the panel members unanimously. (13) The panel shall not
be bound by formal rules of evidence and may admit any evidence which is of
probative value in determining the issues involved. However, every possible
effort shall be made to obtain the most reliable evidence
available. (14) The panel's
findings of fact and decision shall be based solely on the hearing
record. (15) Except for such
simple announcements as may be required, covering the time of the hearing and
similar matters, public statements and publicity about the case is
prohibited. (16) The panel shall
issue its decision within thirty days of the close of the hearing. The panel
may affirm, disaffirm, or modify the discharge. The panel shall forward its
decision to the university president. (17) Upon receipt of the
decision, the university president shall: (a) Make the final determination based on the report, pursuant to
the powers delegated to the president by the board of trustees and shall
(b) Forward the determination to the board of trustees for its
ratification. (D) Dismissal based upon financial
exigency or academic reorganization. Whenever the president has reason to believe that
the university faces a situation of bona fide financial exigency requiring the
dismissal of faculty or that justification exists for the discontinuance of a
program or department of instruction necessitating the termination of regularly
appointed faculty members, the president shall consult with the university
personnel committee and obtain its advice and counsel before recommending such
action to the board of trustees. The university personnel committee may, if it
desires, take not more than ninety days to review any discontinuance, to
formulate its advice and counsel, and to submit this advice and counsel to the
president. (1) Affected faculty
members shall be able to have the issues related to their cases reviewed by the
formal hearing committee established in the bylaws of the faculty senate with
ultimate review of all controverted issues by the board of trustees. In every
case of financial exigency or discontinuance of a program or department of
instruction, the faculty member concerned shall be given notice as soon as
possible. Tenured faculty and non-tenured faculty not notified before the
schedule of notice in paragraph (E)(2) of rule 3344-11-03 of the Administrative
Code shall be given at least twelve months' notice. Before dismissal or
termination under this rule, the university shall make a good faith and
verifiable effort to place affected faculty members in other suitable positions
within the university. When a faculty member's dismissal is based upon
financial exigency academic reorganization, the released faculty member's
place shall not be filled by a replacement within a period of two years, unless
the released faculty member has been offered reappointment and a reasonable
time within which to accept or decline it. (2) Faculty members shall
be kept informed of possible anticipated programmatic changes and staffing
needs. Where possible, faculty members shall be provided ample opportunity to
develop the mutually acceptable level of competence to fill another position
agreeable to the individual and to the university. Preferential consideration
shall be given tenured faculty in the relocation process. (E) Separation for medical
reasons. (1) A faculty member who
is unable to perform usual and customary academic functions as described in
rule 3344-16-02 of the Administrative Code may be involuntarily separated
according to the following procedure: (a) When the chief academic officer or designee has received
substantial credible medical evidence of the faculty member's disability
and determines that the faculty member is incapable of performing the essential
functions as described in rule 3344-16-02 of the Administrative Code due to the
disabling illness, injury or condition; (b) The chief academic officer or designee shall request that the
faculty member submit to a medical or psychological examination prior to the
involuntary separation of the faculty member. (2) If the faculty member
disagrees with the findings of the medical or psychological examination, the
faculty member may seek a separate medical examination at the faculty
member's own expense. If there is a disagreement between the examinations
secured by the administration and the faculty member, a third opinion shall be
secured from an impartial medical professional who is independent of the other
two examiners. (3) Pre-separation
hearing. The chief academic officer or designee shall institute a hearing prior
to involuntarily disability separating a faculty member. The faculty member
shall be provided written notice at least ten university working days in
advance of the hearing. If the faculty member does not waive the right to the
hearing, then at the hearing the faculty member has the right to examine the
university's evidence of disability, to rebut that evidence, and to
present testimony and evidence on the faculty member's own
behalf. (4) Based on the medical
evaluations and the evidence presented at the pre-separation hearing, the chief
academic officer shall then make a determination regarding the separation. If
the chief academic officer or designee determines that the faculty member is
capable of performing the essential functions, then the involuntary disability
process shall cease and the faculty member shall be considered fit to perform
the essential functions of the position. If the appointing authority determines
that the faculty member is unable to perform the essential functions, then the
chief academic officer shall issue an involuntary separation order. However, if
a reasonable chance of recovery from illness exists for the faculty member in
question, the faculty member shall be given an involuntary leave of absence for
up to a period of nine months, based upon the recommendation of the medical
professional assessing the faculty member's prospective time to recover.
This involuntary leave is in addition to any FMLA or sick leave to which the
faculty member is entitled and shall commence only after the faculty member has
exhausted their FMLA and sick leave. (5) Nothing in these
provisions affects a faculty member's eligibility for sick leave and FMLA.
Last updated November 27, 2023 at 11:48 AM
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Rule 3344-11-07 | Appointment of chairs, school director and deans.
Effective:
November 26, 2023
(A) Appointment of department chairs and
school directors. (1) Duties. The
department chair/school director is responsible for leadership in the
department/school; thus the department chair/school director
shall: (a) Have general administrative responsibility for the
department/school's program and budget, subject to approval by the dean of
the college. (b) Make recommendations regarding department/school faculty
concerning appointments, promotions, salary adjustments, dismissals, and the
conferment of tenure. (c) Promote the mission of the university, including its
affirmative action policies. (d) Promote department/school morale, quality teaching, research,
scholarship, creative activity; and university, community, professional
service. (e) For departments/schools subject to a faculty collective
bargaining Agreement (FCBA), work to implement, in cooperation with
department/school faculty members, the faculty workload provisions of the
current collective bargaining agreement. (f) Foster democratic procedures within the
department/school. (g) Encourage and support program development. (h) Share information with and solicit the views of members of
the department/school on matters of general interest. (i) Obey department/school bylaws. (2) Terms of office.
Departmental chairs/school directors report and are directly responsible to the
dean of the college. Normal first term appointments shall be for four academic
or fiscal years. Department chairs/school directors may be reappointed for a
three-year term under the conditions specified in paragraph (A)(6) of this
rule. Under exceptional circumstances and upon the recommendation of the
provost and dean, the president may retain a department chair/school director
beyond two consecutive terms with the approval of an absolute majority of the
departmental faculty as defined by paragraph (A) of rule 3344-13-01 of the
Administrative Code. (3) Nature of search.
Resources permitting, the provost may authorize an external
search. (4) Method of selection.
The dean of the college, the college's faculty senators, and members of
the department/school shall settle upon a method for choosing an appropriate
search advisory committee. Normally, this advisory committee shall be composed
of members of the department/school. (5) For the purpose of
the processes of department chair/school director selection and retention (see
paragraph (A)(6) of this rule), "members" of the department/school
shall mean those faculty in the department/school who are college faculty
(excluding emeritus faculty) as defined by paragraph (A) of rule 3344-13-01 of
the Administrative Code. For these purposes the department/school
"faculty" shall be understood to include only those faculty whose
primary responsibility lies in the department/school in question, rather than
in another department/school or academic unit (see paragraph (G) of rule
3344-11-02 of the Administrative Code.) (a) The search advisory committee may also include faculty
members from one or more related professional fields or
disciplines. (b) To address special circumstances in the department/school or
to meet affirmative action guidelines, the dean or the affirmative action
officer may request the department/school to select additional committee
members as needed. (c) The search advisory committee shall then meet with
representatives from the college's senate caucus, whose responsibility is
to ensure fair voting - and in the case of internal searches, fair nominating -
procedures. They may render additional types of assistance if requested by the
committee. (d) Once the procedure has been determined, members of the search
advisory committee shall solicit and review applications or call for
nominations, depending on the nature of the search. Subsequently, they shall
arrange a vote of all department/school members on the acceptability of
candidates. (e) The search advisory committee shall then submit to the dean
an unranked list of all candidates deemed acceptable by a majority vote of the
department members as defined in paragraph (A)(4) of this rule. This list
should be accompanied by commentary relevant to the dean's final
decision. (f) If two iterations of the search process (as described in
paragraphs (A) to (E) of this rule) do not produce an acceptable candidate, the
provost may invoke the following procedure: (i) The provost shall
present evidence to the university faculty affairs committee that the
department/school is unlikely to reach consensus under its current composition
and circumstances, (ii) The university
faculty affairs committee shall consider the provost's statement,
and (iii) The university
faculty affairs committee may then approve an emergency process: (a) The dean shall
recommend to the provost the appointment of a chair from among the finalists
recommended by the search advisory committees; (b) This process shall be
invoked only under the circumstances specified above, and only with university
faculty affairs committee approval. (g) Beyond the normal university affirmative action procedures,
external candidates recruited by Cleveland state university for appointment as
department chairs/school directors shall submit credentials to the academic
department/school in question. In departments/schools subject to a FCBA, the
department/school shall make a recommendation as to the individual's
qualifications for tenured academic rank as set forth in the appropriate
article of the relevant and current FCBA collective bargaining
agreement. (h) In the case of an interim or acting department chair/school
director, the dean of the college shall consult with the members of the
department/school before the appointment is made. Under normal circumstances,
an interim or acting department chair/school director should not serve for more
than two years. Should an interim or acting department chair/school director
succeed in a regular appointment, the normal four-year first term shall begin
from the date of the regular appointment. (6) Review and
continuance. (a) Schedule of reviews. The provost's office is responsible
for the mechanics (e.g. scheduling, providing appropriate forms, and collecting
responses) of review of department chairs/school directors. (i) Department
chairs/school directors shall be reviewed annually by the dean. At least every
third year, the dean shall seek the departmental members'1 evaluation of the chair/director's
performance, based on the criteria for review indicated in this paragraph. The
evaluation forms shall also make provision for written comments and an overall
evaluation of the department chair/school director's service as excellent,
satisfactory, or unsatisfactory. The evaluation of department
chairs/school's service may be conducted electronically or by paper
ballot. In either case, all faculty evaluations shall be de-identified;
evaluators' identities shall not be linked to their
evaluations. (ii) The dean shall
provide a report on the evaluation responses, including the quantitative data
(the responses to the overall evaluation) and a summary narrative of
qualitative responses. The dean will convey the report to the members of the
department/school. If concerns are raised about the accuracy of the report, the
university faculty affairs committee will evaluate these concerns, and may
require the dean to provide them with all documents pertaining to a department
chair's/school director's evaluation, so that the committee can judge
the accuracy of the report. If the committee identifies any discrepancies, the
dean shall revise and re-issue the report to the members of the
department/school. (iii) The dean shall take
the evaluation into account when considering reappointment and shall report on
the evaluation results in the college's annual report to the provost. The
dean shall inform department/school members in a timely manner of the
reappointment decision. (iv) A majority of the
department/school members, as defined in paragraph (A)(5)(b) of this rule) may
request an unscheduled departmental/school review of the chair/director. If,
after any of these prescribed or optional reviews, the dean and a majority of
the department/school members (as expressed by their quantitative responses to
the overall evaluation) are in clear disagreement over the retention of a
chair/director, the decision may be appealed to the university faculty affairs
committee and the provost. (b) Criteria for review. In evaluating the performance of a
department chair/school director, the dean and faculty shall consider both the
general overall leadership provided by that chair/school director and the
following specifics: (i) Administration of the
department/school's program and budget; (ii) Timeliness,
objectivity, and fairness in recommendations concerning appointments,
promotions, salary adjustments, dismissals, and conferment of tenure of
department/school faculty; (iii) Promotion of
department/school morale, quality teaching, research, scholarship, creative
activity, and university/community/professional service; (iv) Promoting the
mission of the university, including its affirmative action policies, where
appropriate; (v) Objectivity and
fairness in discussions with individual faculty regarding faculty workload
plans in accordance with the provisions of the current collective bargaining
agreement; (vi) Fostering of
democratic procedures; (vii) Encouragement of
and support for program development; (viii) Performance in
accord with approved departmental/school bylaws; and (ix) Evidence that
information has been shared with and views solicited from members of the
department/school on matters of general interest. (c) Additional review criteria. At the discretion of the dean,
additional specific evaluation criteria specific to each department/school may
be employed. If such additional criteria are to be included in evaluations, the
dean should inform the department chairs and school directors of these
standards at the beginning of each academic year. For illustrative purposes,
these additional criteria may include: student (undergraduate and graduate)
enrollment, retention and graduation rates; external grant activity; community
outreach activities; maintaining accreditation standards; student outcomes; and
research-publication activity. (B) Appointment of deans of
colleges. (1) Duties. The dean of a
college: (a) Shall have the general administrative responsibility for the
program and budget of the college, subject to approval by the provost of the
university. (b) Shall recommend to the president appointments, promotions,
salary adjustments, dismissals, and the conferment of tenure with regard to the
college faculty. (c) Shall promote the mission of the university including its
affirmative action policies. (d) Shall encourage and promote college morale, research and
scholarship, and quality teaching. (e) Shall cultivate democratic management by sharing information
on all matters of general college interest with all the members of the college
faculty and by consulting them on all significant actions as required by the
college bylaws. (f) Shall abide by applicable policies in the relevant and
current FCBA. (2) Method of selection.
The provost shall meet with the college's elected faculty senate members.
Together they shall determine the method of choosing the selection committee.
The committee established to make recommendations on the selection may differ
from case to case according to the particular situation. Considerations
involved in deciding on the selection committee may include the size of the
college, the relative strength of departments within the college, the
administrative policy and procedures of the previous dean, the state of morale
in the college, the degree of cooperation between the college and other
colleges, and other relevant factors. Normally the selection committee shall be
composed of college faculty. For these purposes the college faculty shall
consist of those faculty members whose primary responsibility, as set forth in
paragraph (G) of rule 3344-11-02 of the Administrative Code, is in the college
in question and who are members of that college faculty as defined by paragraph
(A) of rule 3344-13-01 of the Administrative Code, with the exception of
emeritus faculty. Faculty members from one or more other colleges may be added
to the committee. The selection committee may request the services of one or
more consultants. The committee shall solicit recommendations and interview
prospective appointees. The committee shall recommend to the provost and the
president or the president's representative the names of individuals
considered acceptable for appointment. All the persons involved in the
selection shall work closely together in attempting to achieve agreement on the
individual who shall finally be offered the appointment through the customary
procedure of the university. The dean of a college whose faculty are
represented by a FCBA shall apply to the department for rank and tenure in
accordance with the qualifications specified in the appropriate section of the
current FCBA. The rank and tenure of the dean of the Cleveland Marshall college
of law shall be recommended by that college's personnel action
committee. (3) The appointment of an
acting dean shall be made by the provost in consultation with the elected
members of faculty senate representing the college concerned, and if
applicable, with the department chairs/school directors of that
college. (4) Review and
continuance. Assessment of the performance of deans is the responsibility of
the provost. One component of this assessment is the evaluation of decanal
performance by both full-time faculty and departmentt chairs/school
directors.2 (a) Each dean shall be evaluated formally in the spring of every
fourth year. The provost shall prepare evaluation forms which shall provide for
an evaluation of a dean for each duty specified above in paragraph (B)(1) of
this rule. The evaluation forms shall also make provision for written comments
and an overall evaluation of the dean's service as excellent,
satisfactory, or unsatisfactory. In addition, the forms shall be labeled
"department chair/school director" or "College Faculty
Member" so that the evaluations by these two constituencies may be
separated. The dean may be removed from office at the end of any contract year
by the provost. (b) The evaluation of the
dean's service may be conducted electronically or by paper ballot. In
either case, all faculty evaluations shall be de-identified; evaluators'
identities shall not be linked to their evaluations. (c) The provost shall provide a report on the evaluation
responses, including the quantitative data (the responses to the overall
evaluation) and a summary narrative of qualitative responses. The provost will
convey the report to the dean and members of the college. If concerns are
raised about the accuracy of the report, the university faculty affairs
committee will evaluate these concerns, and may require the provost to provide
them with all documents pertaining to a dean's evaluation, so that the
committee can judge the accuracy of the report. If the committee identifies any
discrepancies, the provost shall revise and re-issue the report to the members
of the college. The report shall not be included in any personnel file or
permanent record. (d) Additional review criteria. At the discretion of the provost, additional
specific evaluation criteria specific to each dean and college may be employed.
If such additional criteria are employed, the provost should inform the dean of
these standards at the beginning of each academic year. For illustrative
purposes, these additional criteria may include: student (undergraduate and
graduate) enrollment, retention and graduation rates; external grant activity;
student success and outcomes; community outreach activities;
research-publication success; maintaining accreditation standards; and external
fund raising.
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Rule 3344-11-08 | Resignation and retirement.
Effective:
November 26, 2023
Because of duplication of rules on retirement in
multiple places in the faculty personnel policies, these provisions are being
consolidated into one set of rules in rule 3344-16-07 of the Administrative
Code.
Last updated November 27, 2023 at 11:49 AM
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Rule 3344-11-09 | Leave of absence (non-bargaining unit members only).
Effective:
November 26, 2023
(A) Leave of absences under this rule are
only those leaves taken by faculty members for professional purposes requiring
that the faculty member miss assigned classes. Such leaves of absence fall into
three categories: absences, short leaves, and extended leaves. (1) Absences lasting no
more than one week and entail no cancellation or rescheduling of classes -
Absences require no more than prior notification to the departmental
chairperson or, in non-departmentalized colleges, the college dean, and are
limited to a maximum of four absences per semester. (2) Short leaves either
last more than one week but no more than five weeks or require cancellation or
rescheduling of classes - all short leaves require written permission of the
departmental chairperson or, in non-departmentalized colleges, the college
dean. (3) Extended leaves last
more than five weeks and shall be approved in accordance with paragraph (B)(4)
of this rule. Extended leave includes the following paid and unpaid types of
leave: (B) Leave with pay. (1) Types of
leave: (a) Military leave. As a general rule, faculty members who
participate in military reserve programs should take their training during the
summer months. Leave with pay shall be granted, however, to members of the
national guard and other armed forces for thirty-one days each
year. (b) Judicial leave. Leave with pay is granted when a faculty
member is called for jury duty or is subpoenaed to testify as a witness before
any court or governmental hearing body. Service as an expert witness shall be
considered to be in the same category as consulting and shall be subject to the
limitations, thereon, specified in rule 3344-11-11 of the Administrative
Code. (c) Professional leave (non-bargaining unit members only). A
full-time faculty member with at least seven academic years of teaching service
at the university may be granted professional leave with pay for a period not
to exceed one full academic year to engage in further education, research, or
other programs of professional improvement that can contribute directly to the
improvement and development of the faculty member and the
university. (2) Guidelines and
definitions: (a) Eligibility. (i) Completion of seven
years of full-time academic service at Cleveland state university at the time
of the initiation of the leave. (ii) Tenure effective as
of the date the professional leave becomes effective. (b) Definitions for eligibility. (i) "Full-time
faculty" defined as persons holding full-time faculty appointments in one
or more academic departments or colleges, as specified in the faculty personnel
policies. (ii) "Academic years
of teaching service" defined as two semesters of academic responsibilities
(teaching, research, etc.) in a given calendar year. Years of partial service
may accumulate to equal the equivalent of a year of full-time service. Summer
teaching for faculty on nine-month contract does not count toward the
accumulation of years of service. (iii) Leave of absences
from faculty assignments without pay that occur during the seven-year period do
not count toward eligibility for professional leave. However, such leaves of
absence shall not be considered to have substituted for faculty professional
leave with pay as defined in these guidelines. (c) Period of leave and compensation. The period of professional
leave for the non-bargaining faculty member who has completed at least seven
full years of academic service may consist of one of the
following: (i) One semester: one
hundred per cent of nine-month salary prorated for one semester. (ii) Two semesters: 66.67
per cent of nine-month salary. (d) Summer term shall not normally be considered as available for
a professional leave. (e) Other considerations. (i) Fringe benefits. For
professional leaves of one semester, fringe benefits including retirement and
insurance benefits shall continue at the normal level. For leaves of two
semesters, all fringe benefits shall continue at the normal level with the
exception of retirement benefits, the payment of which is based on actual
dollars earned. (ii) Salary increments.
Faculty members on professional leave shall be eligible for salary improvement
for the following year in the same way as faculty members currently teaching on
campus. (iii) Additional
compensation during the period of leave. A faculty member on professional leave
under this policy shall not hold a paid position, unless that position can be
shown to assist the faculty member professionally. Should the faculty member
hold such a paid position, however, the sum of the professional leave salary
and additional funds in the form of grants, stipends, gifts, or pay shall not
exceed the amount of the normally contracted salary, with the exception of such
funds as are allocated in a grant for special expenses such as equipment,
books, professional travel, etc. (iv) Released time or
assigned duty. Professional leave taken as part of a faculty improvement
program established under this rule shall not be deemed to be in lieu of
released time or assigned duty in connection with a specific research,
scholarly, or creative program. (v) Upon completion of
professional leave, a faculty member begins accruing time toward eligibility
for the award of their next professional leave as of the date of resuming their
normal academic duties, unless the faculty member's leave was deferred
under the provisions of paragraphs (B)(3)(e) and (B)(3)(i) of this rule. In
that case, the eligibility for future professional leaves of those deferred
shall be calculated from the point at which they would have returned from leave
in their original proposal. (vi) The second and
subsequent instances when a faculty member accepts a Fulbright scholarship or
similar award within a seven-year eligibility cycle do not count toward
eligibility for the next professional leave. (vii) Professional leaves
are contingent upon staffing, resources, and scheduling requirements. Colleges
shall offer assurance that requested professional leaves can be accommodated at
no additional cost. (viii) To assure that the
university shares in the benefits of the professional leave, faculty members
taking professional leave agree to return to Cleveland state university for at
least two semesters (excluding summer) after completing their professional
leave or to refund the compensation paid by the university during the leave,
unless this obligation is specifically waived or deferred by the
university. (ix) The instructional
workload for a faculty member on one semester's leave shall be one-half of
the target teaching load for the academic year in which the professional leave
is taken. (3) Procedure for
application and review. (a) Applications from faculty members seeking professional leave
for the following academic year should be submitted to the department chair,
or, in colleges that do not have departments, to the office of the dean, by
September fifteenth. The proposal should include the following: (i) An indication of the
specific semesters for which the leave is requested; (ii) A plan that defines
carefully and as completely as possible the purpose of the leave and specifies
clearly its expected outcomes; (iii) A description of
any fellowship and/or grant pending or secured at the time of making
application for professional leave; and (iv) A current curriculum
vitae. (b) The department chairperson or the dean of a college without
departments shall initiate a review by a faculty committee of the proposals
submitted. The primary criterion shall be the merits of the proposal, bearing
in mind that the purpose of professional leave is to enable faculty members to
engage in further education, research, or other program of professional
improvement that can contribute directly to the improvement and development of
the faculty member and the university. The faculty committee should also keep
in mind the maintenance of departmental standards and responsibilities for all
ongoing programs. (c) The department chairperson or the dean of a college without
departments is responsible for making advance arrangements to provide adequate
coverage for a faculty member on professional leave. Duties of persons on
professional leave normally shall be assumed by the remaining faculty. If a
faculty member is on leave with less than full salary, the remaining part of
their budgeted salary may be used for (partial) replacement. No professional
leave shall be granted that requires a compensating addition to the permanent
faculty or staff. (d) In colleges having departments, applications supported by the
department committee with a statement from the chairperson indicating how
adequate coverage shall be provided for the faculty member in their absence
shall be forwarded by an appropriate departmental committee to the appropriate
dean. (e) The dean shall initiate a review of all applications by a
faculty committee. In this review, the quality of the proposal shall be the
primary criterion. The committee should also bear in mind the necessity of
providing adequate coverage for the faculty member in their absence and the
necessity for maintenance of departmental and college standards and
responsibilities of all ongoing programs. Deans shall assure that all leaves in
the college are recommended on a "break even" or "no cost"
basis to the college. Approved two-semester leaves may not subsequently be
reduced to one-semester leaves, unless mutually agreed upon by the faculty
member and the provost. If the number of proposals exceed the number that can
be supported without additional, cost or if all applicants cannot be
accommodated because of bona fide instructional obligations, then the dean may
limit the number of proposals that are recommended by the college. In this
case, the committee should prioritize the proposals with positive
recommendations being determined in the following order: (i) First, faculty
members who were denied leave due to funding shortfalls in the previous
year; (ii) Second, faculty
members who have applied for a full-year leave; (iii) Third, faculty
members who have never had a professional leave; (iv) Fourth, faculty
members with the longest time since their last professional leave; (v) Fifth, faculty
members with the longest continuous full-time service in the
university. (f) After such priority lists are made, deans shall give timely
notice to any faculty members whose leaves are at risk of being
deferred. (g) Eligible faculty members who are asked to defer professional
leave shall be accorded first priority in the following year. The eligibility
for future professional leave of those deferred shall be calculated from the
point at which they would have returned from leave in their original
proposal. (h) In any event, the dean shall issue a statement indicating how
adequate coverage can be provided for the faculty member in their absence as
part of the dean's recommendation to the provost. (i) Faculty members whose application for a leave was deemed of
acceptable quality but denied as a result of a funding shortfall on the college
level may reapply the following year. Such applications shall be reviewed again
by department and college-level committees and, if again found of acceptable
quality, shall be funded - as long as the university can do so on a "break
even" or "no cost" basis at the university level. (j) To be considered by the provost, applications from a college
with departments shall include the recommendations of the applicant's
departmental committee, the chairperson, the college committee, and the dean.
Applications from a college without departments shall include recommendations
of the applicant's college committee and the dean. (k) The provost shall, in turn, make recommendations on faculty
professional leaves to the president. The president shall make recommendations
to the board of trustees for final approval at its April meeting, or earlier,
if there is no April meeting. (l) Within ninety days of returning to university duties, a
faculty member shall submit a written report of activities during the period of
professional leave. The report should be submitted to the department
chairperson or the dean of a college without departments, who shall comment
upon the report in writing. The report and comments shall be forwarded
simultaneously to the dean and/or the provost. (4) Other extended
leaves. Application procedures for other extended
leaves shall be as above for professional leave with pay, except that the
extent of information required may vary and the president may seek the advice
of the appropriate committee of the faculty at their discretion. (C) Leave without pay. (1) Military service
leave. In addition to the paid leave granted to members of the national guard
and other armed forces for thirty-one days each year, unpaid leave shall be
available during their term of active duty military service. (2) Special leave.
Special leave without pay may be granted for study, research, professional
employment, election or appointment to public office, or other personal reasons
such as travel or rest. During a special leave, the faculty member may accept
an appointment at another educational institution provided such an appointment
is not in a regular tenure-track position. The university discourages requests
for leaves to enter private business or practice, unless such request is
considered by appropriate university personnel to be an opportunity to enhance
and strengthen the professional development of the faculty member. (3) Special leaves are
normally granted for a period of up to one year. An extension of up to one year
may be granted only if it is shown that this would clearly benefit either the
university or the professional career of the faculty member. Further extensions
beyond a second year shall be granted only in rare instances such as an
opportunity to engage in projects of unusual value to the faculty member and
the university. (4) Periods of leave
without pay may be credited as professional service in consideration of
promotion, tenure, and increments according to the provisions of paragraph (F)
of rule 3344-11-02 of the Administrative Code. University benefits may continue
during a period of special leave, as permitted by law and with approval of the
president, provided that the faculty member on special leave makes proper
arrangements to pay any premiums on the continuing benefit
programs.* (5) Family and Medical
Leave Act of 1993 (FMLA): University benefits shall continue provided
that a faculty member on leave makes proper arrangements for payment on
premiums in all contributory benefit programs. Complete information on the FMLA
can be obtained from the department of human resources development and labor
relations.
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Rule 3344-11-10 | Grants and contracts for research, training, and other purposes.
Effective:
April 20, 2014
All proposals to outside agencies for financial
support in excess of five hundred dollars for research, training, institutes,
seminars, facilities, equipment, or other university activities or purchases
shall be submitted to the vice president for research, according to the
policies and procedures that the vice president for research shall establish.
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Rule 3344-11-11 | Consulting and other extramural employment (non-bargaining unit members only).
Effective:
November 26, 2023
(A) Faculty members are frequently called
upon to render professional counsel or service to public or private agencies
for which compensation is direct and in excess of the terms of university
contracts. Such services are encouraged if they fulfill a responsibility of the
university to the community at large and provide invaluable professional
experiences. It is understood, however, that such activities shall in no way
limit the extent or quality of a faculty member's obligation to the
university or their profession. There are three levels of such
activities: (1) Activities that have
a minimal impact on the faculty member's university or professional
obligations, e.g., keynote speeches, paid reviews of research articles, books
or creative works, and tenure reviews for other universities. (2) Activities that have
a somewhat substantial one-time impact on the faculty member's university
or professional obligations, e.g., teaching short courses or workshops,
consulting on projects for business, government or nonprofit organizations,
expert testimony and self-employment. (3) Activities that have
a substantial and continuing impact on the faculty member's university or
professional obligations, e.g., long-term consulting relationships with
business, government or nonprofit organizations, expert testimony and
self-employment. (B) The activities described in paragraph
(A)(1) of this rule are exempt from the pre-approval requirements specified in
the remainder of this article but shall be included in the annual spring
semester report of extramural employment. (C) Before performing activities
described in paragraphs (A)(2) and (A)(3) of this rule, the faculty member
shall obtain the written approval of the faculty member's supervisor;
such approval shall not be unreasonably denied. In no event shall the faculty
member accept a regular salary or annual retainer for counsel or services
without the written consent of their supervisor. (D) Faculty members shall not engage in
any outside employment activity, which competes directly with the university in
its pursuit of grants, awards, projects and other sources of funding. In
addition, outside employment shall not be undertaken, that violates
Ohio's ethics laws governing public employees. (E) The use of the name, symbol, or
address of Cleveland state university in any extramural employment agreement is
prohibited. University facilities, equipment, and materials may be used for
such purposes only with the prior express consent of the administration and
according to explicit terms for reimbursement. (F) The faculty member's supervisor
shall be kept informed in writing of the extramural employment of full-time
faculty members. Faculty shall submit a report of such activities, indicating
the number of hours and for whom the work was performed, to the supervisor in
the spring semester of each academic year. Consulting activities should make a
contribution to the enrichment of the teaching and/or research competence of
the faculty member. (G) If the faculty member's
supervisor believes that a faculty member's outside activities interfere
with the extent or quality of the faculty member's obligation to the
university or to the profession or compete directly with the university in its
pursuit of grants, awards, projects and other sources of funding, or if the
faculty member fails to abide by the procedures set forth in paragraph (A) of
this rule, the supervisor and the faculty member shall discuss the situation in
an attempt to resolve any problems or misunderstandings. After such
consultation, the supervisor may order suspension or termination of any outside
employment. Such orders to suspend or terminate outside employment may be
appealed to the provost. During the grievance procedure, the order of the
supervisor affecting outside employment normally shall not force suspension or
termination of existing contractual obligations, but shall prohibit the faculty
member from extending or renewing any existing contractual obligations, or
accepting any new outside employment. Nevertheless, if the supervisor
determines that continuing the outside employment impairs the faculty
member's obligation to the university or the profession, the faculty
member shall suspend or terminate the outside employment even if the order is
challenged through appeal. (H) Faculty members are expressly
prohibited from teaching for other educational institutions, colleges or
universities while under contract, unless such teaching is a part of an
inter-institutional agreement entered into by Cleveland state university or the
faculty member has the prior written consent of the faculty member's
supervisor.
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Rule 3344-11-12 | Candidacy for public office.
Effective:
November 26, 2023
(A) A faculty member may run for an
elective public office under the following conditions. The faculty member shall
in all cases submit a full statement of proposed campaign activities and of the
responsibilities of the office, which they propose to assume. When, in the
judgment of the university, those activities conflict with the faculty
member's professional obligations, the faculty member shall submit a
written application for reduced levels of employment and compensation from the
university, or for a special leave of absence without pay, at such a date that
it will come before the board of trustees for its consideration at least one
full academic semester before the assumption of the said activities. Submission
of statements and application shall be according to the procedures set forth in
paragraph (C) of rule 3344-11-09 of the Administrative Code. (B) A faculty member may accept an
elective or appointive office under the following conditions. When, in the
judgment of the university, those responsibilities and salaries conflict with
the faculty member's professional obligation, the faculty member shall
submit a written application for reduced levels of employment and compensation
from the university or for a special leave of absence without pay, at such a
date that the application will normally come before the board of trustees for
its consideration at least one full academic semester before the assumption of
the said responsibilities.
Last updated November 27, 2023 at 11:49 AM
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Rule 3344-11-13 | Attachment A to Chapter 3344-11 of the Administrative Code -1940 statement of principles on academic freedom and tenure.
Effective:
April 20, 2014
Editorial note: The following is an excerpt from
the statement of principles concerning academic freedom and tenure formulated
by representatives of the association of American colleges (AAC) and of the
American association of university professors (AAUP) and agreed upon at a joint
conference November 8, 1940. The statement was endorsed by the AAC at its
annual meeting on January 9, 1941, and by the AAUP on December 28, 1941. It has
been edited to contain gender-neutral language. (A) The teacher is entitled to full
freedom in research and in the publication of the results, subject to the
adequate performance of other academic duties; but research for pecuniary
return should be based upon an understanding with the authorities of the
institution. (B) The teacher is entitled to freedom in
the classroom in discussing the subject, but the teacher should be careful not
to introduce into this teaching controversial matter that has no relation to
the subject. Limitations of academic freedom because of religious or other aims
of the institution should be clearly stated in writing at the time of
appointment. (C) The college or university teacher is
a citizen, a member of a learned profession, and an officer of an educational
institution. When speaking or writing as a citizen, the teacher should be free
from institutional censorship or discipline, but special position in the
community imposes special obligations. As a person of learning and an
educational officer, the teacher should remember that the public may judge the
profession and the institution by the teacher's utterances. Hence, the
teacher should at all times be accurate, should exercise appropriate restraint,
should show respect for the opinions of others, and should make every effort to
indicate that the teacher is not an institutional spokesperson.
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Rule 3344-11-14 | Attachment B to Chapter 3344-11 of the Administrative Code - A statement on professional ethics and academic resonsibility.
Effective:
April 20, 2014
(A) The basic functions of the university
are the advancement and dissemination of knowledge, the development of critical
intelligence in the young, and the education of citizens and professional
workers for the society of which the university is a part. (B) The indispensable condition for the
successful discharge of these functions is an atmosphere of intellectual
freedom. Unless a faculty member is free to pursue the quest for knowledge and
understanding, wherever it may lead, and to report and discuss the findings,
whatever they may be, the university faculty member cannot properly perform
their work. It is imperative, therefore, that the university maintains an
atmosphere of intellectual freedom and that faculty members uphold that freedom
by their own actions. To make that freedom operational, it is equally
imperative that the university establish democratic mechanisms for meaningful
faculty participation in the governance of the institution. (C) Freedom entails responsibilities. It
is incumbent upon the faculty member to accept the responsibilities and, which
are concomitant with the freedom and, for the most part, enjoys. Those
responsibilities are: to students, to scholarship, to colleagues, to the
university, and to the larger community which the university serves.
(D) Responsibilities to students.
(1) As teachers, faculty
members have the responsibility for creating in the classroom or laboratory and
in relations with students a climate that stimulates and encourages the
students' endeavors to learn. To the best of their ability, exemplify high
scholarly standards, and respect and foster the students' freedom to
choose and pursue their own goals. (2) Regardless of rank or
position, the instructor of record is required to file with the department and
shall provide each student with a course syllabus specifying at a
minimum: (a) The instructor's office and phone number.
(b) The instructor's office hours. (c) The basis for determining the student's
grade. (3) Adequate supporting
documentation regarding student performance should be continually maintained.
Any changes to items in paragraphs (D)(2)(a) to (D)(2)(c) of this rule should
be provided to the student in writing. Documentation shall be maintained for
one semester. (4) Refusal to fulfill
this responsibility after reasonable warnings and an opportunity to rectify the
condition is cause for the dean to recommend that the chief academic officer
initiate the procedure for sanctions. (a) The faculty member has the obligation to make clear the
objectives of the course or program, to establish requirements, to set
standards of achievement, and to evaluate the student's performance.
(b) The faculty member has the responsibility to meet
classes as scheduled and, when circumstances prevent this, to arrange
equivalent alternate instruction. (c) The faculty member has the responsibility to teach
courses in a manner that is consistent with the course description and credit
published in the catalogue and with the announced objectives of the
course. (d) The faculty member owes to the student and the
university a fair and impartial evaluation of the student's work. Such
evaluation should be consistent with recognized standards and shall not be
influenced by irrelevancies such as religion, race, sex, or political view, or
be based on the student's agreement with the teacher's opinions
pertaining to matters of controversy within the discipline. (e) Every student is entitled to the same intellectual
freedom that the faculty member enjoys. The faculty member shall respect that
freedom. The faculty member may not impose restraints upon the student's
search for or consideration of diverse or contrary opinion. More positively,
the faculty member has an obligation to protect the student's freedom to
learn, especially when that freedom is threatened by repressive or disruptive
action. (f) The faculty member has obligations as intellectual
guide and counselor to students. The faculty member has a responsibility to be
available to students without undue delay. In advising students, the faculty
member should make every reasonable effort to see that information given to
them is as accurate as possible. The progress of students in achieving their
academic goals should not be thwarted or unduly retarded because a faculty
member has neglected obligations as advisor and counselor. (g) Faculty members should conduct themselves at all times
so as to demonstrate respect for the student. They should always respect the
confidences deriving from the faculty-student relationship. (h) The faculty member shall avoid exploitation of students
for personal advantage. For example, in writing and oral presentations, the
faculty member makes due acknowledgement of their contributions to the work.
(E) Responsibilities to
scholarship. (1) The faculty
member's responsibilities to scholarship derive from the university's
commitment to truth and the advancement of knowledge. Furthermore, society has
a vital state in maintaining the university as an institution where knowledge
can be sought and communicated regardless of its popularity, its political
implications, or even its immediate usefulness. The faculty member has an
ethical responsibility both to make full appropriate use of that freedom in
teaching and research and to guard it from abuse. (2) More specifically:
(a) Faculty members are committed to a lifetime of study.
Although no one can know everything, even about a limited subject, they shall
constantly strive to keep abreast of progress in their field, to develop and
improve scholarly and teaching skills, and to devote part of their energies to
the extension of knowledge in their area of competence. (b) The faculty member has the responsibility of being
unfailingly honest in research and teaching, refraining from deliberate
distortion or misrepresentation and taking regular precautions against the
common causes of error. (c) In order to maintain or increase their effectiveness as
a scholar, faculty members may find it advantageous to assume certain
obligations outside the university, such as consulting for government or
industry, or holding office in scholarly or professional societies. Such
activities are appropriate in so far as they contribute to their development as
a scholar in the field, or at the very least, do not interfere with that
development. On the other hand, acceptance of such obligations primarily for
financial gain, especially when such activities may be incompatible with the
faculty member's primary dedication as a scholar cannot be condoned.
(F) Responsibilities to colleagues.
As a colleague, the faculty member has
obligations that derive from common membership in the community of scholars.
The faculty member respects and defends the free inquiry of associates and
avoids interference with their work. In the exchange of criticism and ideas the
faculty member shows due respect for the rights of others to their opinions,
refraining from personal vilification. The faculty member acknowledges
contributions of others to the work. When asked to evaluate the professional
performance of a colleague, the faculty member strives to be objective. (G) Responsibilities to the
institution. The faculty member's primary responsibility
to the institution is to seek to realize maximum potential as an effective
scholar and teacher. In addition, the faculty member has a responsibility to
participate in the day-to-day operation of the university. Among the faculty
member's general responsibilities to the university the following may be
particularly noted: (1) When acting or
speaking as a private person, the faculty member should make clear that the
actions and utterances are entirely the faculty member's own and not those
of the university. (2) The faculty member
shall never attempt to exploit standing within the university for private or
personal gain. The faculty member may, on appropriate occasions, cite
connection with the university, but only for purposes of identification not
permitting the impression to prevail that the university in any way sponsors
any of the faculty member's private activities. (3) University
facilities, equipment, supplies, etc., shall never be used for personal or
private business. (4) A faculty member has
the duty to ensure that the regulations of the university are designed to
achieve the university's goals as well as being in accord with the
principles of academic freedom. Recognizing the importance of order within the
institution, the faculty member observes the regulations of the university, but
in no way abdicates the right to attempt to reform those regulations by any
appropriate orderly means. (5) Effective faculty
participation in the governance of the university promotes academic freedom and
the goals of the institution. Each faculty member should take part in the
institution's decision-making processes to the best of the faculty
member's ability and should accept a fair share of the faculty's
responsibilities for its day-to-day operation. (6) During periods of
disturbance or high tension on campus, a faculty member should do everything
possible to prevent acts of violence and to reduce tension. (7) A faculty member
determines the amount and character of the work and other activities pursued
outside the responsibilities within the university and his primary loyalties to
it. (H) Responsibilities to the community.
As a member of the community, the faculty member
has the rights and obligations of any citizen. These include the right to
organize and join political or other associations, convene and conduct public
meetings, and publicize an opinion on political and social issues. However, in
exercising these rights, the faculty member shall make it clear that the
faculty member does not speak for the university, but simply as an individual.
The faculty member does not use the classroom to solicit support for the
faculty member's personal views and opinions. (I) Because academic freedom has
traditionally included the faculty member's full freedom as a citizen,
most faculty members face no insoluble conflicts between the claims of
politics, social action, and conscience, on the one hand, and the claims and
expectations of their students, colleagues, and institutions on the other. If
such conflicts become acute, and the faculty member's attention to
obligations as a citizen and moral agent precludes the fulfillment of
substantial academic obligations, the faculty member cannot escape the
responsibility of that choice, but should either request a leave of absence or
resign the academic position. * Originally published with the kind
permission of the faculty senate of the university of Iowa, which adopted this
statement on April 27, 1971; subsequently revised and edited.
Last updated October 3, 2024 at 11:49 AM
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Rule 3344-11-15 | Attachment C to Chapter 3344-11 of the Administrative Code - 1958 - statement on procedural standards in faculty dismissal proceedings.
Effective:
April 20, 2014
(A) Foreword. The following statement on procedural standards
in faculty dismissal proceedings has been prepared by a joint committee
representing the association of American colleges and the American association
of university professors. It is intended to supplement the 1940 statement of
principles on academic freedom and tenure by providing a formulation of the
"academic due process" that should be observed in dismissal
proceedings. However, the exact procedural standards here set forth "are
not intended to establish a norm in the same manner as the 1940 statement of
principles on academic freedom and tenure, but are presented rather as a
guide... ." (The statement was approved by the association of American
colleges in January 1958, and by the American association of university
professors in April 1958.) (B) Introductory comments. (1) Any approach toward
settling the difficulties, which have beset dismissal proceedings on many
American campuses, must look beyond procedure into setting and cause. A
dismissal proceeding is a symptom of failure; no amount of use of removal
process will help strengthen higher education as much as will the cultivation
of conditions in which dismissals rarely if ever need occur. Just as the board
of control or other governing body is the legal and fiscal corporation of the
college, the faculty are the academic entity. Historically, the academic
corporation is the older. Faculty were formed in the middle ages, with
managerial affairs either self-arranged or handled in course by the parent
church. Modern college faculties, on the other hand, are part of a complex and
extensive structure requiring legal incorporation, with stewards and managers
specifically appointed to discharge certain functions. (2) Nonetheless, the
faculty of a modern college constitutes an entity as real as that of the
faculties of medieval times, in terms of collective purpose and function. A
necessary precondition of a strong faculty is that it have firsthand concern
with its own membership. This is properly reflected both in appointments to and
in separations from the faculty body. (3) A well-organized
institution will reflect sympathetic understanding by trustees and teachers
alike of their respective and complementary roles. These should be spelled out
carefully in writing and made available to all. Trustees and faculty should
understand and agree on their several functions in determining who shall join
and who shall remain on the faculty. One of the prime duties of the
administrator is to help preserve understanding of those functions. It seems
clear on the American college scene that a close positive relationship exists
between the excellence of colleges, the strength of their faculties, and the
extent of faculty responsibility in determining faculty membership. Such a
condition is in no way inconsistent with full faculty awareness of
institutional factors with which governing boards shall be primarily
concerned. (4) In the effective
college, dismissal proceedings involving a faculty member on tenure or one
occurring during the term of an appointment shall be a rare exception, caused
by individual human weakness and not by an unhealthy setting. When it does
come, however, the college should be prepared for it so that both institutional
integrity and individual human rights may be preserved during the process of
resolving the trouble. By the same token, presidents and governing boards shall
be willing to give full weight to a faculty judgment favorable to a colleague.
(5) One persistent source
of difficulty is the definition of adequate cause for the dismissal of a
faculty member. Despite the 1940 statement of principles on academic freedom
and tenure and subsequent attempts to build upon it, considerable ambiguity and
misunderstanding persist throughout higher education, especially in the
respective conceptions of governing boards, administrative officers, and
faculties concerning this matter. The present statement assumes that individual
institutions will have formulated their own definitions of adequate cause for
dismissal, bearing in mind the 1940 institutions. (6) This statement deals
with procedural standards. Those recommended are not intended to establish a
norm in the same manner as the 1940 statement of principles on academic freedom
and tenure, but are presented rather as a guide to be used according to the
nature and traditions of particular institutions in giving effect to both
faculty tenure rights and the obligations of faculty members in the academic
community. (C) Procedural recommendations -
preliminary proceedings concerning the fitness of a faculty member.
(1) When reason arises to
question the fitness of a college or university faculty member who has tenure
or whose term appointment has not expired, the appropriate administrative
officers should ordinarily discuss the matter with the faculty member in
personal conference. Consideration of the matter may be terminated by mutual
consent at this point; but if an adjustment does not result, a standing or ad
hoc committee elected by the faculty and charged with the function of rendering
confidential advice in such situations should informally inquire into the
situation to effect an adjustment if possible, and if the president of the
institution, even after considering a recommendation of the committee favorable
to the faculty member, expresses the conviction that a proceeding should be
undertaken, action should be commenced under the procedures that follow. Except
where there is disagreement, a statement with reasonable particularity of the
grounds proposed for the dismissal should then be jointly formulated by the
president and the faculty committee; if there is disagreement, the president or
their representative should formulate the statement. (2) Commencement of
formal proceedings. The formal proceedings should be commenced by a
communication addressed to the faculty member by the president of the
institution, informing the faculty member of the statement formulated, and
that, if the faculty member so requests, a hearing will be conducted by a
faculty committee at a specified time and place to determine whether the
faculty member should be removed from his faculty position on the grounds
stated. In setting the date of the hearing, sufficient time should be allowed
the faculty member to prepare a defense. The faculty member should be informed,
in detail or by reference to published regulations, of the relevant procedural
rights. The faculty member should state in reply whether a hearing is desired
and, if so, should answer in writing, not less than one week before the date
set for hearing the statements in the president's letter. (3) Suspension of the
faculty member. Suspension of the involved faculty member
during the proceedings is justified only if immediate harm to themselves or
others is threatened by continuance. Unless legal considerations forbid, any
such suspension should be with pay. (4) Hearing
committee. The committee of faculty members to conduct the
hearing and reach a decision should be either an elected standing committee not
previously concerned with the case or a committee established as soon as
possible after the president's letter to the faculty member has been sent.
The choice of members of the hearing committee should be on the basis of their
objectivity and competence and of the regard in which they are held in the
academic community. The committee should elect its own chair. (5) Committee
proceedings. (a) The committee should proceed by considering the
statement of grounds for dismissal already formulated and the faculty
member's response written before the time of the hearing. If the faculty
member has not requested a hearing, the committee should consider the case on
the basis of the obtainable information and decide whether the faculty member
should be removed; otherwise, the hearing should go forward. The committee, in
consultation with the president and the faculty member, should exercise its
judgment as to whether the hearing should be public or private. If any facts
are in dispute, the testimony of witnesses and other evidence concerning the
matter set forth in the president's letter to the faculty member should be
received. (b) The president should have the option of attendance
during the hearing. The president may designate an appropriate representative
to assist in developing the case, but the committee should determine the order
of proof, should normally conduct the questioning of witnesses, and, if
necessary, should secure the presentation of evidence important to the case.
(c) The faculty member should have the option of assistance
by counsel, whose function should be similar to that of the representative
chosen by the president. The faculty member should have the additional
procedural rights set forth in the "1940 statement of principles on
academic freedom and tenure," and should have the aid of the committee,
when needed in securing the attendance of witnesses. The faculty member or
their counsel and the representative designated by the president should have
the right, within reasonable limits, to question all witnesses who testify
orally. The faculty member should have the opportunity to be confronted by all
adverse witnesses. Where unusual and urgent reasons move the hearing committee
to withhold this right, or where the witness cannot appear, the identity of the
witness, as well as the witnesses' statements should, nevertheless, be
disclosed to the faculty member. Subject to these safeguards, statements may
when necessary be taken outside the hearing and reported to it. All of the
evidence should be duly recorded. Unless special circumstances warrant, it
should not be necessary to follow formal rules of court procedure. (6) Consideration of
hearing committee. The committee should reach its decision in
conference, on the basis of the hearing. Before doing so, it should give
opportunity to the faculty member or their counsel and the representative
designated by the president to argue orally before it. If written briefs would
be helpful, the committee may request them. The committee may proceed to
decision promptly, without having the record of the hearing transcribed, where
it feels that a just decision can be reached by this means; or it may wait the
availability of a transcript of the hearing if its decision would be aided
thereby. It should make explicit findings with respect to each of the grounds
of removal presented, and a reasoned opinion may be desirable. Publicity
concerning the committee's decision may properly be withheld until
consideration has been given to the case by the governing body of the
institution. The president and the faculty member should be notified of the
decision in writing and should be given a copy of the record of the hearing.
Any release to the public should be made through the president's
office. (7) Consideration by
governing body. The president should transmit to the governing
body the full report of the hearing committee, stating its action. On the
assumption that the governing board has accepted the principle of the faculty
hearing committee, acceptance of the committee's decision would normally
be expected. If the governing body chooses to review the case, its review
should be based on the record of the previous hearing, accompanied by
opportunity for argument, oral or written or both, by the principals at the
hearing or their representatives. The decision of the hearing committee should
either be sustained or the proceeding be returned to the committee with
objections specified. In such case the committee should reconsider, taking
account of the stated objections and receiving new evidence if necessary. It
should frame its decision and communicate it in the same manner as before. Only
after study of the committee's reconsideration should the governing body
make a final decision overruling the committee. (8) Publicity.
Except for such simple announcements as may be
required, covering the time of the hearing and similar matters, public
statements about the case by either the faculty member or administrative
officer should be avoided so far as possible until the proceedings have been
completed. Announcement of the final decision should include a statement of the
hearing committee's original action, if this has not previously been made
known.
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Rule 3344-11-16 | Attachment D to Chapter 3344-11 of the Administrative Code.
Effective:
April 20, 2014
(A) All faculty should be aware of the laws of the state of Ohio governing their conduct as it relates to their employment status. Sections 3345.22 and 3345.23 of the Revised Code state: (B) Section 3345.22 of the Revised Code. College student or staff member arrested for certain offenses to be afforded a hearing, suspension, or appeal. (1) A student, faculty or staff member, or employee of a college or university that receives any state funds in support, thereof, arrested for any offense covered by division (D) of section 3345.23 of the Revised Code shall be afforded a hearing, as provided in this rule, to determine whether the person shall be immediately suspended from such college or university. Such hearing shall be held within not more than five days after the person's arrest, subject to reasonable continuances for good cause shown, which continuances shall not exceed a total of ten days. (2) The arresting authority shall immediately notify the president of the college or university of the arrest of a student, faculty or staff member, or employee of such college or university for any offense covered by division (D) of section 3345.23 of the Revised Code. The hearing to determine whether the person shall be immediately suspended shall be held in the county where the college or university is located, before a referee appointed by the board of regents. Such referee shall be an attorney admitted to the practice of law in Ohio, but shall not be attorney for, or a faculty or staff member or employee of, any college or university. Immediate notice of time and place of such hearing shall be given or sent to such person. (3) The referee may administer oaths, issue subpoenas to compel the attendance of witnesses and the production of evidence, and enforce such subpoenas, as well as preserve the other and decorum of the proceedings, by means of contempt proceedings in the court of common pleas as provide by law. (4) The hearing shall be adversary in nature and shall be conducted fairly and impartially, but the formalities of the criminal process are not required. A person whose suspension is being considered has the right to be represented by counsel, but counsel need not be furnished for the person. Such person also has the right to cross-examine witnesses against the person, to testify, and to present the testimony of witnesses and other evidence in the person's behalf. In the absence of a waiver of the right against compulsory self-incrimination, the testimony of a person whose suspension is being considered, given at such hearing, shall not subsequently be used in any criminal proceeding against the person. The referee may require the separation of witnesses, and may bar from the proceedings any person whose presence is not essential to such proceedings, except that members of the news media shall not be barred from such proceedings. (5) Upon hearing, if the referee finds by a preponderance of the evidence that the person whose suspension is being considered committed any offense covered by division (D) of section 3345.23 of the Revised Code, the referee shall order the person suspended, except that when the good order and discipline of a college or university will not 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 effects a suspension. A person suspended under this rule may be readmitted pursuant to division (A) of section 3345.23 of the Revised Code. A suspension under this rule is in effect until the person is acquitted or convicted of the crime for which the person was arrested. If convicted, the person is dismissed pursuant to section 3345.23 of the Revised Code. (6) Upon acquittal, or upon any final judicial determination not resulting in conviction of the charges for which a person is suspended pursuant to this rule, such suspension automatically terminates, and the person suspended shall be reinstated and the record of the suspension expunged from the college or university record. (7) An order of a referee pursuant to this rule may be appealed on questions of law and fact to the court of common pleas of the county in which the college or university is located, within twenty days after the date of the order. If the court to which such appeal is taken determines that the good order and discipline of a college or university shall not be prejudiced, thereby, it may permit the person suspended to return to the college or university on terms of strict disciplinary probation. (8) A person afforded a hearing pursuant to this rule who does not appear at the hearing shall be declared suspended by the hearing office, (1970 H 1219, effective 9/16/1970.) (C) Section 3345.23 of the Revised Code, dismissal of convicted student, faculty or staff member or employee - reinstatement. (1) The conviction of a student, faculty or staff member, or employee of a college or university that receives any state funds in support, thereof, of any offense covered by paragraph (D) of this rule, automatically effects dismissal from such college or university except as provided in paragraph (E) of this rule. A student dismissed pursuant to this rule may be readmitted or admitted to any other college or university that receives state funds in support, thereof, in the discretion of the board of trustees, but only upon the lapse of one calendar year following the faculty or staff members or employee's dismissal, and only upon terms of strict disciplinary probation. The contract, if any, of a faculty or staff member or employee dismissed pursuant to this rule is terminated, thereby. A faculty or staff member or employee dismissed pursuant to this section may be re-employed by any such college or university, in the discretion of the board of trustees, but only upon the lapse of one calendar year following the dismissal. (2) Upon conviction, a student, faculty or staff member, or employee of a college or university that receives any state funds in support thereof, of any offense covered by paragraph (D) of this rule, the court shall immediately notify the college or university of such conviction. The president, or other administrative official designated by the board of trustees, shall immediately notify such person of the dismissal. The notice shall be in writing and shall be mailed by certified mail to the person's address as shown in both the court and the university records. If such person has been suspended pursuant to section 3345.22 of the Revised Code, and not permitted to return to the college or university, the period of dismissal shall run from the date of such suspension. (3) No degrees or honors shall be conferred upon, no instructional credit or grades shall be given to, and no student assistance, scholarship funds, salaries, or wages shall be paid or credited to any student, faculty or staff member, or employee, in respect of the period such person is properly under dismissal pursuant to this rule or under suspension pursuant to section 3345.22 of the Revised Code. (4) Without limiting the grounds for dismissal, suspension, or other disciplinary action against a student, faculty or staff member, or employee of a college or university that receives any state funds in support, thereof, the commission of an offense of violence as defined in division (A)(9)(a) of section 2901.01 of the Revised Code or a substantially equivalent offense under a municipal ordinance, which offense is committed on or affects persons or property on such college or university, or which offense is committed in the immediate vicinity of a college or university with respect to which an emergency has been declared and is in effect pursuant to section 3345.26 of the Revised Code, is cause for dismissal pursuant to this rule or for suspension pursuant to section 3345.22 of the Revised Code. Criminal cases resulting from arrests for offenses covered by paragraph (D) of this rule shall take precedence over all civil matters and proceedings and over all other criminal cases. (5) If a final judicial determination results in an acquittal, or if the conviction is reversed on appeal, the student, faculty or staff member, or employee shall be reinstated and the college or university shall expunge the record of the student, faculty or staff member, or employee a dismissal from the college or university records, and the dismissal shall be deemed never to have occurred. (D) Offenses of violence referred to in division (D) of section 3345.23 of the Revised Code are as follows: | 2903.01 | Aggravated murder | 2909.03 | Arson | | 2903.02 | Murder | 2909.04 | Disrupting public service | | 2903.03 | Voluntary manslaughter | 2911.01 | Aggravated robbery | | 2903.11 | Felonious assault | 2911.02 | Robbery | | 2903.12 | Aggravated assault | 2911.11 | Aggravated burglary | | 2903.13 | Assault | 2911.12 | Burglary | | 2903.15 | Permitting child abuse | 2917.01 | Inciting violence | | 2903.21 | Aggravated menacing | 2917.02 | Aggravated riot | | 2903.211 | Menacing by stalking | 2917.03 | Riot | | 2903.22 | Menacing | 2917.31 | Inducing panic | | 2905.01 | Kidnapping | 2919.22 | Endangering children (only division (B) (1), (2), (3) and (4)) | | 2905.02 | Abduction | 2919.25 | Domestic violence | | 2905.04 | Involuntary manslaughter | 2921.03 | Intimidation | | 2905.05 | Vandalism | 2921.04 | Intimidation of an attorney, victim or witness in a criminal case | | 2905.11 | Extortion | 2921.34 | Escape | | 2907.02 | Rape | 2923.12 | Carrying concealed weapon | | 2907.03 | Sexual battery | 2923.13 | Having weapons while under disability | | 2907.05 | Gross sexual imposition | 2923.35 | Aiding escape or resistance to authority | | 2909.02 | Aggravated arson | 2923.161 | Improperly discharging a firearm at or into a habitation, in a school safety zone, or with the intent to cause harm or panic in a school building or at a school function. |
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