Chapter 3349-10 | Campus Safety and Security

Rule 3349-10-05 | Administrative rule regarding persona non grata status.

• Effective: October 28, 2010
• Promulgated Under: 111.15

(A) Purpose

To establish a rule to identify persons whose presence on the university campus may be detrimental to the university community and to provide a mechanism for limiting the person's access to the main university campus and any other facilities owned or operated by the university and any official off campus events of the university. This rule shall not be construed to limit the authority of university officials to take any other actions that deem warranted by the circumstances.

(B) Scope

Applies to all persons.

(C) Definitions

(1) "Persona Non Grata" means a person who has exhibited behavior which has been deemed detrimental to the university community and thus is no longer permitted to frequent or be present in any university locations or specific locations as set forth in the notice.

(2) "Visitor" means any person who is not a student or an employee acting within the scope of his or her employment or his or her role within a university educational program.

(a) As a general rule, persons who had been enrolled at the university but who have graduated or transferred are classified as visitors. Persons who have been admitted to the university, but are not currently enrolled, are to be classified as visitors.

(b) It is intended that this rule provide a means for regulating the behavior of all persons, except university employees acting within the scope of their employment, and students who are present on university premises and who are subject to the university or separate component college student honor codes.

(3) "Behavior Detrimental to the University Community" includes, but is not limited to, actions by a person which result in offenses against persons or property; disruption of university processes or programs, violation of a previous order given by a university official or a court of law, a continuing pattern of violation of university rules and regulations after notice of the rules or regulations or falsification or misrepresentation of self or other providing other false or misleading information to university offices or officials.

(4) "University Premises" means any building or land owned, or operated by the university.

(D) Body of the rule

(1) A visitor who has been deemed to be persona non grata will no longer be permitted to frequent or be present on the main university campus or at any other university sponsored events that are held at other locations.

(2) Warning notice.

(a) A visitor accused of behavior detrimental to the university community shall be served with a warning notice that the visitor's behavior is not acceptable and may result in that person being denied, on a permanent basis, the opportunity to frequent or be present on university premises and university sponsored events.

(b) The warning notice shall contain:

(i) Name and last known address of the individual;

(ii) The title of the university official who will make the determination of whether or not to place the individual on persona non grata status;

(iii) Contact information of that official;

(iv) A specification of the alleged unacceptable behavior;

(v) A warning that failure to arrange a meeting with the official within the limit will result in a determination as to permanent persona non grata status being made without the accused being present;

(vi) A warning that the individual is temporarily persona non grata and as such not allowed on the university premises or at university sponsored events until the meeting referenced above occurs and a formal determination is made or the meeting is waived by failure to request the meeting within the time limit specified above.

(3) The warning notice will be issued by the general counsel or the public safety and security associate.

(4) Meeting to determine persona non grata status.

(a) At the meeting the visitor is entitled to know the nature and source of the evidence against him/her, and to present evidence including witnesses on his/her behalf. If the accused chooses not to be present or participate, the process may nonetheless proceed.

(b) All meetings shall be held in private. The accused may be accompanied by another individual who may serve in an advisory capacity, but who may not participate directly in the meeting.

(c) The university official conducting the meeting shall hear and weigh all evidence presented. To place the accused on permanent persona non grata status there must be a finding by the university official based on a preponderance of the evidence that the alleged behavior occurred and that such behavior is detrimental to the university community. If such a finding is made, the university official may take into consideration the reasons for such behavior and the likelihood of its recurrence. Based on these findings and considerations, the university official may place the visitor on permanent persona non grata status for a period of up to two years.

(5) If a university visitor fails to arrange for the meeting within the time limit provided, the university official sending the original warning notice, may assume the validity of all evidence against the visitor and send notification of permanent persona non grata status to the visitor for a period of up to two years.

(6) Notification of permanent persona non grata status.

(a) Notification shall be sent via regular and certified U.S. Mail.

(b) The restrictions imposed by persona non grata status shall take effect upon the mailing of the notification.

(7) During the time that the temporary or permanent persona non grata status is in effect, permission may be granted by a member of the university's senior administration, to allow the visitor to enter university premises or events for a specified purpose and time. The general counsel and the public safety and security associate must be notified in advance of such access.

(8) Review.

A written request for review of persona non grata status may be made to the general counsel after six months have elapsed from the date of the initial determination.

(9) The review shall be limited to evidence which would clearly demonstrate that the person's behavior will no longer be detrimental to the university community.

(10) The persona non grata status shall remain in effect pending the decision on the review. The general counsel shall render his/her decision within ten working days of receipt of the request for review. The decision shall be final.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15

Rule 3349-10-10 | Campus law enforcement.

• Effective: February 14, 2019
• Promulgated Under: 111.15

(A) Purpose

To establish a rule for campus law enforcement and the enforcement of federal, state and local laws on the Rootstown campus of the university.

(B) Scope

This rule applies to all persons on the Rootstown campus of the university.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Clery Act" refers to Section 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., and its implementation regulations, 34 C.F.R. 688.46.

(3) "Office of Public Safety and Security" or the "Office" refers to the supervisor for public safety & security, the public safety officer, and the contract security officers under the direction of the supervisor.

(4) "Northeast Ohio Medical University Police Department" or "NPD" refers to the commissioned law enforcement officers employed by the university and having jurisdiction on university owned property.

(5) "Security" is the physical space reserved for security officers and their respective functions. It is located in room A-90.

(6) "911" is the telephone number used to call for police, fire or ambulance emergency services.

(D) Rule statement

(1) "NPD" provides twenty-four hours a day law enforcement for the buildings, parking lots and property surrounding university buildings and parking lots on the Rootstown campus.

(2) Police officers on the Rootstown campus are employees of the university. All commission officers of "NPD" have graduated from a state-approved peace officer training academy and hold the same authority and powers of arrest as any certified police officer in the state of Ohio.

(3) Security officers on the Rootstown campus are employees of the security service with which the university contracts. They have no power of arrest on the Rootstown campus.

(4) The university maintains a highly professional working relationship with the Portage county sheriff's office and the Ohio state highway patrol, as well as other local law enforcement agencies for the investigation of alleged criminal offenses. The university does not, however, have a written memorandum of understanding with a law enforcement agency for the investigation of alleged criminal offenses.

(5) All persons are strongly encouraged to immediately report any criminal or suspicious activity on the Rootstown campus to "NPD." For all emergencies, call 911. For non-urgent public safety-related matters, call NPD at ext. 5911.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015

Rule 3349-10-40 | Operation, regulation, and control of motor vehicles on campus.

• Effective: February 14, 2019
• Promulgated Under: 111.15

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-10-41 | Hosting high school students for educational experiences in research.

• Effective: February 15, 2019
• Promulgated Under: 111.15

(A) Purpose

To establish a rule for hosting high school students for educational experiences in a manner that is consistent with university's minors on campus rule, allows for a meaningful educational experience for a meaningful educational experience for the student, and minimizes the risk of harm or disruption to students, laboratory equipment, research efforts or the operational activities of university.

(B) Scope

This rule applies to any employee who intends to host any high school student for a structured educational experience of significant duration. It does not apply to students who volunteer or "shadow" university faculty or staff for a brief or limited period of time that is not long-term in nature.

(C) Definitions

(1) "Direct Supervision" means that the high school student is accompanied at all times while on campus, including time spent in the lab, traversing campus, or engaged in activities in a non-lab setting. The person responsible for direct supervision must be trained and knowledgeable about the experience in which the high school student is engaging, and must be physically present in the lab or other areas with the high school student at all times, unless the high school student has been given campus access in accordance with rule 3349-10-80 of the Administrative Code.

(2) "High School Student" refers to a person who is enrolled in or newly graduated from high school and not yet enrolled in college.

(3) "Laboratory Areas" refers to the following areas: the research and graduate educational building, multi-disciplinary teaching laboratories and gross anatomy laboratory areas of B building; all basic medical sciences laboratories in C, D, E and F buildings; and all restricted access areas in the comparative medicine unit.

(D) Rule statement

(1) Obtaining approval to host a high school student

(a) Any employee requesting to host a high school student for an educational experience should document the request by completing the educational experience for high school students approval form. The information provided on this form must include the type of work that will be conducted by the high school student both inside and outside the laboratory or departmental areas, as well as who will be responsible for the direct supervision of the high school student.

(b) The completed form should be sent to the director of environmental and occupational health and safety ("DEOHS") for review.

(c) The DEOHS will determine what, if any, safety training may be required or if any restrictions should be placed on the high school student based on the activities being performed. The DEOHS will document any requirements and/or restrictions on the form and forward the form to the department chair or supervisor for review.

(d) The employee's department chair/supervisor must review and approve any requests to host a high school student as part of an educational experience before the student is permitted on campus for any significant period of time.

(e) All requests and related approvals must be documented on the educational experience for high school students approval form and must accompany any request to human resources to generate an identification badge.

(2) The person responsible for direct supervision of the high school student must have a criminal background check on file in human resources before they are able to serve in this capacity.

(3) The high school student and his/her parent or legal guardian must complete and sign the educational experience for high school students: parent/legal guardian agreement, release and consent for emergency medical treatment form as well as the non-employee registration information.

(4) All forms related to hosting a high school student for an educational experience in research will be maintained in the human resources department.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 7/3/2017

Rule 3349-10-43 | Operation, regulation, and control of motor vehicles on campus rule.

• Effective: February 15, 2019
• Promulgated Under: 111.15

(A) Purpose

This rule is adopted in furtherance of the delegation of authority by the board of trustees to the university police department to regulate and control motor vehicles on the Rootstown campus consistent with the provisions set forth in section 3345.21 of the Revised Code.

(B) Scope

This rule applies to all individuals who are present on the university campus, including but not limited to employees, students and visitors who may be driving on all streets, roads, and access drives, as well as all parking lots located on the university campus.

(C) Definitions

This rule hereby incorporates, as if rewritten herein, definitions as set forth in Title 45 of the Revised Code.

(D) Rule

(1) Under the authority of section 3345.21 of the Revised Code, the board of trustees of university has adopted Title 45 of the Revised Code for the regulation of motor vehicles on campus.

(2) The board of trustees of university specifically authorizes the university police department to enforce all sections contained within Title 45 of the Revised Code on all applicable streets, roads, and access drives on campus.

(a) The university police department is authorized to enact speed limits within the guidelines of Title 45 of the Revised Code.

(b) The university police department is authorized to erect and maintain traffic control devices (including speed limit signs) as defined in division (QQ) of section 4511.01 of the Revised Code.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-10-45 | Rule governing phones in laboratories.

• Effective: July 29, 2024
• Promulgated Under: 111.15

(A) Purpose

To establish formal guidelines for the minimum number of phones that must be present in all research laboratories to ensure safety and minimize risk to the university.

(B) Scope

Applies to all research laboratories of the university community.

(C) Definitions

(1) "Research laboratory" refers to any formal space designated for research in buildings C, D, E or F or any new construction so designated.

(2) "Suite laboratory" refers to a research laboratory that is a combination of at least three open contiguous laboratory spaces.

(D) Policy statement

(1) All research laboratories shall have a minimum of one phone that can access at least outside emergency services, NEOMED security and the NEOMED safety administrator at all times.

(2) All suite laboratories shall have a minimum of two phones that can access at least outside emergency services, NEOMED security and the NEOMED safety administrator at all times.

(3) Whether or not the phones have the ability to make long distance calls shall be at the discretion of the supervisor or cost center supervisor.

Last updated July 29, 2024 at 8:26 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-10-50 | Exposure to infectious disease rule.

• Effective: April 30, 2019
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to protect employees, volunteers, and students within the university environment against the exposure and transmission of infectious disease, to prevent the inadvertent transmission of infectious disease to patients by ensuring expert and safe patient care, and to provide a safe work environment.

(B) Scope

This rule applies to all students, employees, and volunteers within the university environment or educational experiences at clinical sites.

(C) Definitions

(1) "Admission" is the process of allowing entry into any one of the university's academic programs.

(2) "Carrier" is a person who harbors the micro-organisms causing a particular disease without experiencing signs or symptoms of infection, but who can transmit the disease to others.

(3) "Employee" is any faculty, staff, or student assistant of the university.

(4) "HBV" is the hepatitis B virus. For reporting purposes, HBV is defined as hepatitis B virus with hepatitis B-antigen positive status.

(5) "HCV" is the hepatitis C virus.

(6) "HIV" is the human immunodeficiency virus which attacks the immune system and may cause acquired immune deficiency syndrome (AIDS). The virus is transmitted through sexual contact and exposure to infected bodily fluids and perinatally from mother to baby.

(7) "Infectious Disease" is any disease that can be transmitted, whether via bodily fluids, direct physical contact, or common handling of an object that has been contaminated by infective micro-organisms through a disease carrier or by infected droplets coughed or exhaled into the air.

(8) "Matriculate" is the process of enrolling as a member in an academic program.

(9) "Risk Sufficient to Exclude" is a significant risk of infection that poses serious consequences for persons within the university environment and which may only be eliminated or contained by the exclusion of the source of risk from the environment.

(10) "Senior Executive Director, Academic Affairs and Student Services" oversees academic support and student support services at university.

(11) "Student" is any person accepted into the university's colleges of graduate studies, medicine, or pharmacy.

(12) "Student Health and Immunization Committee" is a select group of university faculty, administrative representatives from each college, and invited external clinicians, one of whom is an infectious disease physician, responsible for advising, recommending, and approving decisions regarding student insurance, student immunizations, and student health issues such as infectious diseases and exposures.

(13) "University Environment" includes the university Rootstown campus and university educational sites.

(14) "Volunteer" is any person who is working in an "unpaid" status on the university Rootstown campus. This may include graduate students involved in teaching and/or research in one of the university's research laboratories.

(15) "Volunteer Setting" is the normally assigned setting where volunteer work is to be performed.

(D) Rule statement

(1) Students

(a) Admissions

(i) Applicants to university academic programs will not be denied admission to the university solely because they are carriers of or have an infectious disease.

(ii) Applicants to university programs who have injuries or illnesses which make it unlikely they will be able to complete the curriculum or engage in the active practice of their chosen profession, are encouraged to examine their motives for entering such professional education.

(iii) Admitted students who contract an infectious disease during their course of study, and who pose a risk sufficient to exclude them from the educational setting, could experience a delay in matriculation or graduation.

(b) Matriculation

All students are required to be knowledgeable of, and practice, universal infection control precautions. Students are required to meet full compliance with university's immunization requirements by the stated deadline. Students who do not comply with immunization requirements may not be permitted to matriculate until those requirements have been met and documented and may not be able to continue in the program if these requirements lapse during enrollment.

(c) Exclusion from the educational setting

(i) The university may remove students from active participation in a program if they become carriers of, or contract, an illness until such time that the risk has been eliminated or sufficiently mitigated.

(ii) Students who are continually or severely ill or incapacitated as a result of infectious disease exposure while enrolled at the university will be counseled as to the difficulty of successfully completing the curriculum and may be placed on a medical leave of absence until their illness is no longer an impediment to their studies and documented proof of ability to return to the curriculum is provided.

(d) Implementation procedures

Procedures for implementing sections of this rule that are applicable to students shall be established consistent with state and federal law. The student health and immunization committee will make specific case-by-case recommendations for determining the status and educational privileges of students who contract an infectious disease prior to, or during, their course of study.

(e) Infectious disease procedure related to continued student participation in educational activities

All colleges within the university voluntarily comply with the spirit and intent of all infectious disease regulations passed by the Ohio state medical board ("OSMB"). Such voluntary compliance is consistent with the education and needs of our students in their future careers. The colleges have adopted the following procedures to minimize the risk of infectious disease transmission, including HBV, HCV, and HIV transmission, from students to the public. These procedures are as follows:

(i) A student who believes, or has reason to believe, that he/she is infected with HBV, HCV, HIV, or any other infectious disease (e.g., tuberculosis, meningitis, pertussis) that could pose a risk to patients, students, or teachers, should report that belief to the senior executive director, academic affairs and student services.

(ii) The senior executive director, academic affairs and a student services, will require written confirmation from a qualified physician as to the student's diagnosis. If no infection has occurred, the chief student affairs officer will inform the course director and the student's educational activities may continue.

(iii) If the student is identified as having an infectious disease that poses a risk to patients, students, or teacher, the executive director, academic affairs and student services, will convene the student health and immunization committee including, if possible, the student's physician. The committee will evaluate the student's coursework and patient contact to determine appropriate clinical curricular changes based on the guidelines from the Ohio department of health (ODH) and the centers for disease control and prevention (CDC). The committee shall report any recommendations to the senior executive director, academic affairs and student services, who will then notify the student, course directors, and clerkship directors or experiential site directors of any requirements and/or limitations placed on the student's educational or clinical activity.

(iv) All information regarding the HBV, HCV and/or HIV status of a student shall be held in strict confidence.

(v) Failure by a student to comply with this procedure shall be considered a serious breach of professionalism. As a result, the student may be referred to the office of student services for advising, and disciplinary action, up to and including referral to the committee on academic and professional progress for review.

(2) Employees

(a) Employment

Applicants will not be denied employment or faculty status at the university, nor discriminated against solely because they are a carrier of, or have, an infectious disease.

(b) Exclusion from the workplace

Employees will be subject to exclusion from the workplace if the individual becomes a carrier or, develops, an infectious disease that poses a risk sufficient to exclude. If the university environment poses a threat to the health of the infected person, the university reserves the right to exclude the individual from any area which would increase the likelihood of health problems. If the university determines that the individual must be excluded from the workplace, that person shall have full use of accumulated sick days and/or personal illness leave.

(c) Implementation procedures

Procedures for implementation of this section shall be established by the occupational health and safety program in consultation with the program medical director and shall be consistent with state and federal law.

(3) Volunteers

(a) Volunteer setting

Volunteers will not be denied access to the university environment, nor discriminated against, solely because they are a carrier of, or have, an infectious disease.

(b) Exclusion from the volunteer setting

Volunteers will be subject to exclusion if the individual becomes a carrier or, develops, an infectious disease that poses a risk sufficient to exclude. If the university environment poses a threat to the health of the infected person, the university reserves the right to exclude the individual from any area which would increase the likelihood of health problems.

(c) Implementation procedures

Procedures for implementation of this section shall be established by the occupational health and safety program in consultation with the program medical director and shall be consistent with state and federal law.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/15/2019

Rule 3349-10-52 | Missing person rule.

• Effective: February 14, 2019
• Promulgated Under: 111.15

(A) Purpose

To establish a rule related to locating a university student that is living in on-campus housing and who, based on the information available at the time, is believed to be missing.

(B) Scope

This rule applies to all university students that are living in on-campus housing.

(C) Definitions

Consult rule 3349-7-01 of the Administrative Code.

(D) Body of rule

(1) Student contact information. All university students who execute a resident agreement for on-campus housing will be asked to register a contact person who would be contacted no later than twenty-four hours after the time the student is determined to be missing. A student can register a confidential contact for this situation, in addition to the emergency contact information on file with the university. A missing student's confidential contact information will be accessible by university campus officials and may be shared with law enforcement during the course of the missing person investigation.

If the student is under eighteen years of age, university is required to notify a custodial parent or legal guardian not later than twenty-four hours after the student is determined to be missing.

(2) Notification. Any person who has reason to believe that a university student who is living on campus is missing should contact the northeast Ohio medical university police department immediately at 330-325-6489 to make a report.

(3) Investigation. The university police department will conduct an initial inquiry in response to any report that it receives regarding university students living on campus that may be missing. The inquiry will seek to determine if the student is actually missing and cannot be located through reasonable efforts. The inquiry may include, but is not limited to, the following activities:

(a) Calling or visiting the student's residence;

(b) Contacting neighbors, fellow students, and/or friends of the resident to determine the circumstances of the student's disappearance;

(c) Conducting a campus search of public locations to locate the student (library, cafeteria, lecture halls, etc.);

(d) Access key card and fob usage records to determine the student's last use of either means of access;

(e) Access the student's email or other network login records to determine the student's last use of the university network;

(f) If the university police department determines the student may be at risk, they will attempt to retrieve the student's cell phone number and attempt to have the cell phone carrier ping the phone number for location;

(g) Obtaining and circulating a photograph of the student to assist in identifying and locating the student; and

(h) Contacting the chief student affairs officer, the dean of the college in which the student is enrolled, relevant faculty members or the on-campus housing management company for information related to the student.

(4) Determination that the student is missing. A person may be declared "missing" when his/her whereabouts is unknown and unexplainable for a period of time that is regarded by knowledgeable parties is highly unusual or suspicious in consideration of the person's behavior patterns, plans, or routines. If the university police department, after conducting an investigation of the report, determine that a student is missing, the university will contact the individual registered as a contact by the student when the student entered on-campus housing. In the event the student did not register a contact when executing his/her resident agreement for on-campus housing, the university will contact the emergency contacted on file for the student in enrollment services.

(5) Board authorization

The board of trustees authorized the administration to establish and implement any and all rules to ensure compliance with Section 1092(f) of The Jean Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C and to modify those rules without further ratification action required by the board of trustees.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015

Rule 3349-10-60 | Preparation and disclosure of crime statistics.

• Effective: February 14, 2019
• Promulgated Under: 111.15

(A) Purpose

To establish a rule to assure that the university complies with the crime statistics reporting requirements of Section 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., and its implementation regulations, 34 C.F.R. 688.46

(B) Scope

The Clery Act requires reporting of specific crimes that have occurred on campus, on campus student residences; on public property immediately adjacent and accessible from the campus; and all non-campus buildings or property wherever they may be situated.

(C) Definitions

(1) "Clery Act" refers to Section 1092(f) of the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., and its implementation regulations, 34 C.F.R. 688.46.

(2) "Rootstown Campus" includes all of the real property, buildings and equipment owned by or for the benefit of the university in Rootstown township, Portage county, Ohio.

(3) "Reportable Crimes" pursuant to the Clery Act and recognized by the Ohio Revised Code include:

(a) "Criminal Homicide" which encompasses murder and non-negligent manslaughter; and negligent manslaughter.

(b) "Forcible Sex Offenses" include forcible rape; forcible sodomy; sexual assault with an object; and forcible fondling.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015

Rule 3349-10-62 | Suicide Prevention.

• Effective: September 16, 2024
• Promulgated Under: 111.15

(A) Purpose

To protect the health and well-being of northeast Ohio medical university (NEOMED) students and employees, NEOMED has established procedures to prevent, assess the risk of, intervene in, and respond to suicide on campus or situations where suicide affects the lives of its students and employees. The purpose of this rule is to provide students and employees with information on suicide prevention, crisis intervention, mental health programming, and other educational and outreach activities aimed at suicide prevention.

Toward this end, the rule is meant to be paired with other programs that support the emotional and behavioral health of students and employees at NEOMED. Specifically, this rule is meant to be applied in accordance with the university's emergency notification, response and evacuation procedures and the university's emergency or crime reporting rule.

(B) Scope

This rule includes resources for students and employees on and off of the NEOMED Rootstown campus, including the on-campus residences and off campus clinical training sites.

(C) Suicide prevention programs available on and off campus

(1) Crisis intervention access for students and employees is as follows:

(a) Students and employees are advised to call 911 if they:

(i) Believe someone has or is about to engage in a suicide attempt; or

(ii) Needs emergency care as a result of a suicide attempt.

(b) Students and employees are advised to utilize the following resources if they or someone they know have thoughts of suicide or are experiencing depression or emotional distress.

(i) Call or text the national suicide prevention lifeline at 988 or call 1-800-273-talk (8255) or text home to 741-741 to reach the national text line.

(ii) Call the Ohio careline at 1-800-720-9616 to connect to a behavioral health professional twenty-four hours a day seven days a week for confidential support.

(iii) Area crisis/suicide prevention lines include:

(a) Portage 330-678-4537 or 330-296-3555

(b) Mahoning 330-747-2696

(c) Summit 330-434-9144

(d) Stark 330-452-6000

(e) Cuyahoga 216-623-6888

(iv) Student counseling services at 330-325-6757 during normal business hours. After normal business hours, this phone number will be forwarded to impact solutions.

(2) Mental health program access, including information on the availability of local mental health clinics, student health services, and counseling services is as follows:

(a) Students who have thoughts of (or are concerned about others who may have thoughts of) suicide, or are experiencing depression, or emotional distress, are advised to utilize the NEOMED local mental health resources, which are located on the web at: http://www.suicide.org/hotlines/ohio-suicide-hotlines.html, along with any of the resources listed in this rule.

(b) Additionally, students may contact student counseling services at 330-325-6757 or by emailing [e-mail]. Additional resources are also available on their webpage, located at https://www.neomed.edu/cswc/. Students can also visit student counseling services, which is located on the second floor of the new center.

(c) Employees who have thoughts of (or are concerned about others who may have thoughts of) suicide, or are experiencing depression, or emotional distress, are advised to utilize the employee assistance program (the "EAP") offered through impact solutions. Resources at the EAP are available twenty-four hours a day, seven days a week at 800-227-6007 or http://www.impact.mylifeexpert.com, (member login: NEOMED). Employees and their dependents are eligible for services through the EAP, who provides live confidential access to professional counseling, guidance, and support. Unlimited phone support as well as up to three complimentary face-to-face counseling sessions per person per occurrence are available as a resource for personal and/or work-related issues. Further information can be found on the NEOMED web at: https://www.neomed.edu/hr/benefits/eap/.

(d) Local mental health centers offer support services to both students and employees. Area mental health center resources include:

(i) Portage county: coleman professional services available at: www.colemanservices.org or 330-673-1347.

(ii) Mahoning county: compass family and community services available at: https://compassfamily.org or 330-782-5664.

(iii) Summit county: portage path behavioral health available at: www.portagepath.org or 330-253-3100.

(iv) Stark county: stark community support network available at: https://starkcommunitysupportnetwork.com/#services or 330-455-2260

(v) Cuyahoga county: centers for families and children available at: http://www.thecentersohio.org/ or 216-432-7200.

(vi) Additional resources can be found at: http://www.neomed.edu/campuslife/studentaffairs/student-wellness/hotlines-and-local-resources.

(e) Additional resources

Ohio program for campus safety and mental health (OPCSMH): https://www.neomed.edu/csmh/

(D) Multimedia applications

NEOMED has promoted the use of the multimedia application offered by therapy assistance online (TAO), entitled "TAO Connect," for use by its students and employees who may be suffering a mental health crisis. The multimedia application is free of charge and includes evidence-based interactive modules and related tools for mental health and well being. It includes information on suicide warning signs, contact information for crisis providers, and other resources for students or employees in distress.

(E) Student outreach and educational activities

(1) NEOMED provides all incoming students with information about mental health topics, including depression and suicide prevention, as part of a curricular course and co-curricular education.

(2) The information provided includes available mental health services and other support services, including student-run organizations for individuals at risk of or affected by suicide (e.g., national alliance on mental illness on campus).

(F) Postvention plan

(1) NEOMED has developed and maintains a suicide postvention plan, consisting of a strategic plan to communicate effectively with students, employees, and family after the loss of a person to suicide (see appendix to this rule).

Key features of the plan include provisions that address the following:

(a) Immediate responses to the death

(i) Internal notifications at NEOMED

(a) The first person to learn of the death should contact public safety at ext. 5911 or 330-325-5911.

(b) Public safety will notify the chair of the mental health committee, along with the provost and senior vice president for academic affairs and senior vice president for operations and finance.

(c) The chair of the mental health committee will convene a meeting with a subset of committee members to outline future activities.

(d) The provost and senior vice president for academic affairs and senior vice president for operations and finance, will notify the university president, chief marketing officer, senior executive director for academic affairs and student services, and director of human resources, as appropriate.

(ii) Contact with the family

(a) The chief of police will notify law enforcement in the next of kin's jurisdiction and ask them to make notification.

(b) Once verification of initial notification is made, key university personnel will contact next of kin to offer the university's condolences and support, and advise them of expected follow up contacts from the University, namely a representative from an academic or human resources division.

(iii) University communications

(a) The university will notify roommates, friends, faculty, and university employees of the death as appropriate based on circumstances and knowledge available at the time. NEOMED will make its counselors available to offer support and resources to those who worked or attended classes with the deceased.

(b) The broader university community will be notified by email. Suicide will only be mentioned with family's permission.

(iv) External communications

The chief marketing officer handles all on and off campus media inquiries. The department of marketing and communications discourages students, parents, faculty, and staff from making comments or giving interviews to the media. All communications will meet the guidelines for safe messaging provided by the suicide prevention resource center (see appendix to this rule).

(b) Memorials

All requests for campus memorial services will be reviewed by a subset of the mental health committee (the "subcommittee"). Memorial services will be discouraged unless there is judged to be therapeutic benefit to the campus. If a memorial is held, the subcommittee will advise those involved of the appropriateness of memorial service activities. Physical memorials are also discouraged but will be managed by the subcommittee if such events occur.

(c) Ongoing response

(i) The university will facilitate postvention discussion groups designed to provide education, support, and guidance in dealing with the grief in the aftermath of a tragic loss, as well as an additional screening opportunity to identify other members of the university community who may be emotionally at risk.

(ii) The mental health committee will engage in a comprehensive review of the postvention response to determine if changes to the suicide postvention plan are necessary.

(G) General information available through NEOMED

(1) NEOMED posts information about mental health topics and suicide prevention resources to the university's website about all of the foregoing topics, including crisis intervention access, mental health program resources, access to suicide prevention, mental health multimedia applications, and student communication plans. In addition, throughout its communications, NEOMED:

(a) Encourages students and employees to seek help or treatment that they may need;

(b) Develops and maintains communication plans, including the creation of outreach plans regarding educational and outreach activities on suicide prevention;

(c) Develops and maintains its suicide postvention plan to effectively communicate with students, employees, and family after a loss of a person to suicide;

(d) Ensures that personal information is kept confidential;

(e) Allows students to return to the curriculum as appropriate; and

(f) Prohibits any form of discrimination against students or employees with mental illness, including taking any punitive actions toward those in crisis.

(2) NEOMED promotes awareness around signs of depression and suicidal thoughts, which may include, but are not limited to the following:

(a) Personality change;

(b) Agitation;

(c) Withdrawal;

(d) Poor self-care; or

(e) Hopelessness.

View Appendix

Last updated September 16, 2024 at 8:39 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-10-65 | Emergency or crime reporting rule.

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

(A) Purpose

To establish a rule for the reporting of a crime, emergency or public safety concern or incident while on the Rootstown campus.

(B) Scope

Covers all persons in the Rootstown campus, any on campus residences and all public property adjacent to and immediately accessible from the Rootstown campus and any non-campus university owned buildings or property.

(C) Definitions

(1) Consult rule 3349-7-01 of the Administrative Code.

(2) "Emergency" is a sudden, generally unexpected, occurrence or set of circumstances demanding immediate attention.

(3) "Rootstown campus" includes all of the real property, buildings and equipment owned by or for the benefit of the university in Rootstown Township, Portage county, Ohio.

(4) "911" means the telephone number used to call for police, fire or ambulance emergency services.

(5) "Northeast Ohio Medical University Police Department" or "NPD" refers to a commissioned law enforcement officers employed by the university and having jurisdiction on university owned property.

(6) "Security" is the physical space reserved for contracted security officers and their respective function. It is located in room A-90.

(D) Rule statement

(1) The university encourages the accurate and prompt reporting of all crimes to the NPD, or other appropriate law enforcement agency.

(2) To report an emergency, call 911. If calling from an on-campus phone the caller must dial 9-911 to secure an outside line. Any suspicious persons or non-emergent activities should be reported to the NPD at 330-325-5911.

(3) Under the Revised Code, all persons who know that a felony has been or is being committed are required to report such information to law enforcement authorities. The person should call 911 immediately to report such information. The university encourages the victim of or witness to any crime to promptly report the incident to NPD.

(4) Any crimes on the campus reported to NPD will be included in the annual crime statistics, and will be used to provide timely warning notices if required.

(5) Ohio's public records law, contained in section 149.43 of the Revised Code does not permit the university to promise confidentiality to those who report crimes to anyone except counselors, or under certain circumstances, to a person serving as a physician or nurse on campus. Some off-campus reports to a member of the clergy or other health care professional may also be legally confidential.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.20
Prior Effective Dates: 10/28/2010

Rule 3349-10-70 | Public access to library.

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

(A) Purpose

To establish a defining access by the general public to the Aneal Mohan Kohli academic and information technology center.

(B) Scope

Applies to any visitor on the university campus.

(C) Definitions

(1) "Persona Non Grata" means a visitor who has exhibited behavior which has been deemed detrimental to the university community and thus is no longer permitted to frequent or be present in any university locations or specific locations as set forth in the notice.

(2) "Visitor" means any person who is not a student or an employee acting within the scope of his or her employment or university educational program.

(a) As a general rule, persons who had been enrolled at the university but who have graduated or transferred are classified as visitors. Persons who have been admitted to the university, but are not currently enrolled, are to be classified as visitors.

(b) It is intended that this rule provide a means for regulating the behavior of all persons, except university employees acting within the scope of their employment, and persons who are present on university premises and who are subject to the student honor code.

(3) "Behavior Detrimental to the University Community," is not limited to, actions by an individual which result in offenses against persons or property, disruption of university processes or programs, violation of a previous order given by a university official, a continuing pattern of violation of university rules and regulations after actual notice of the rules or falsification or misrepresentation of self or other information to a university office or official.

(4) "University Premises" means any building or land owned, leased, or used by.

(D) Body of the rule

(1) Access to the university campus by members of the general public, is restricted to the hours posted near the entrance to the library and by the security entrance to the building.

(2) Hours are subject to change, but generally members of the public will be refused entry prior to eight a.m. and after four p.m. during the week and not at all on the weekends, unless they have written permission from the director of the library.

(3) Visitors will be asked by library staff to exit the library and the campus no later than six p.m. Monday through Friday or earlier as posted.

(4) Individuals not complying with these rules, will be escorted out of the building by a security officer. Individuals causing disruption in any way to university students, faculty, and/or staff will be escorted out of the building and may be subject to the university's persona non grata rule which would limit future access to the university campus.

(5) Once the campus is closed, including the library, university security officers reserve the right to request identification at any time. University students, faculty and staff are encouraged to carry their university identification on their person at all times.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-10-71 | Security and Access.

• Effective: October 25, 2019
• Promulgated Under: 111.15

(A) Purpose

To establish a rule for security and authorized access to the offices and buildings on the Rootstown campus and to provide safe and secure premises for its campus community.

(B) Scope

Rootstown campus buildings are covered by this rule.

(C) Definitions

(1) "Closed circuit television" or "CCTV" means the use of video cameras to transmit a signal to a specific place, on a limited number of monitors.

(2) "Exterior doors" are those doorways that allow entrance to or exit from a building.

(3) "Key card access" means an electronic door access system that requires the swipe of an identification card to gain entry into a building.

(4) "Key control procedures" refers to a set of procedures implemented to provide physical security of NEOMED's campus buildings, offices and their contents via the distribution and control of keys.

(5) "Rootstown campus" includes all of the real property, buildings and equipment owned by or for the benefit of the university in Rootstown township, Portage county, Ohio.

(6) "Security" is the physical space reserved for contracted security officers and their respective functions. It is located in room A-90.

(7) "Secured portion of campus" refers to buildings not accessible to the public. This portion of campus includes buildings A, B, C, D, E, F, G, L, M, P, R, V; the village at NEOMED; and the third floor of the NEOMED education and wellness (NEW) center which houses the bio-med science academy.

(8) "Public portion of campus" refers to the NEOMED education and wellness (NEW) center and its tenants.

(D) Rule statement

(1) The president of the university is directed to include specifically in his/her duties of general supervision the duty to regulate the use of grounds, buildings, equipment, and facilities of the university and the conduct of the students, staff, faculty, and visitors to the campus so that law and order are maintained and the university may pursue its educational objectives in an orderly manner pursuant to the policies and regulations passed by the board and the laws of the state of Ohio.

(2) The university has established key control procedures that restrict access to NEOMED's buildings and offices. Those procedures are designed to permit access for authorized personnel while maintaining appropriate security of the buildings, offices and their respective contents.

(3) Access to the secured portion of the Rootstown campus is restricted at all times. All exterior doors in this area of campus are locked.

(4) The university maintains its existing campus by conducting routine assessments of the safety and security of the facilities and its grounds.

(5) Exterior doors equipped with key-card access and closed-circuit television allow personnel and students to access the building at all times.

(6) All visitors to campus between the hours of eight a.m. and 5:00 p.m., Monday through Friday are required to sign in with the receptionist and obtain a guest identification badge.

(7) NEOMED police officers conduct routine checks of lighting on campus during regular patrols. If lights are out or dim, officers notify the department of campus operations, who then takes immediate action to fix lighting issues. NEOMED community members are encouraged to report deficient lighting or other unsafe office situations to the department of campus operations at 330-325-6193.

(8) Unsafe lab conditions should be reported to the assistant director, environmental and occupational health and safety at 330-325-6494.

(9) Concerns related to fire prevention, law enforcement or security should be reported to the director of public safety/chief of police at 330-325-6492.

(10) All new students and employees are provided with a public safety education session during their respective orientations to NEOMED. First-year students are educated on crime reporting, date/acquaintance rape, campus access and security, crime statistics, and emergency notification. New employees are provided with a public safety presentation during their orientation program addressing similar topics. NEOMED's police department offers "ALICE" training to all first-year students and any interested students, faculty and staff at various points throughout the year. "ALICE" training prepares the campus community to react to a surprise attack by an armed intruder.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-10-72 | Sex offender registry.

• Effective: February 14, 2019
• Promulgated Under: 111.15

(A) Purpose

To establish a rule on registered sex offenders and the use of the sex offender registry.

(B) Scope

This applies to all persons who are seeking employment or admission to the university, all persons who are employed by the university in any capacity, and to all students upon admission into any university program.

(C) Definitions

(1) "Sex Offender" is a person who meets the statutory definition set forth in section 2950.01 of the Revised Code.

(2) Electronic sex offender registration and notification "ESORN" is a database that contains information regarding all registered sex offenders in the state of Ohio. "ESORN" may be found at http://www.esorn.ag.state.oh.us/secured/p1.aspx.

(D) Rule statement

(1) In accordance with Section 1092(f) of The Jean Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C and further amendments, and Section 1232g of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C., the university department of public safety and security provides a link to the Ohio attorney general's electronic sex offender registration and notification "ESORN" web site on its website.

(2) All sex offenders required to register in the state of Ohio or any other state are required to notify the university of their sex offender status if they are applying for employment or admission to the university. All employees or students who become registered sex offenders are required to notify the university at the time they are first required to register with the state. Employees must notify their immediate supervisors and the department of human resources and students must notify the dean for student affairs or the dean of their respective college.

(3) Due to the nature of the university programs, environment, student populations, and patient population, registered sex offenders will not be considered for employment or admission to the university. The university department of human resources or the admissions office will query "ESORN" prior to finalizing offers of employment, faculty status or admission to its academic programs. Becoming a registered sex offender is grounds for termination of employment and dismissal from the academic programs of the university.

(4) Any employee or student charged with a sexually oriented offense as that term is defined under section 2950.01 of the Revised Code or a similar offense under the laws of any other state is required to report this information to the university immediately.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12

Rule 3349-10-74 | Employees & students arrested for offenses of violence ("1219" proceedings).

• Effective: August 26, 2016
• Promulgated Under: 111.15

(A) Purpose

To establish a rule for the immediate suspension and possible termination of employees arrested for offenses of violence. This rule will also be used for the suspension and dismissal of matriculated students arrested for offenses of violence.

(B) Scope

All employees and matriculated students of the university.

(C) Definitions

(1) "Force" means any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.

(2) "Deadly Force" means any force that carries a substantial risk that it will proximately result in the death of any person.

(3) "Hearing Officer" refers to the person who will preside over the hearing initiated when a student or employee is arrested for an offense of violence. The hearing officer shall be an attorney admitted to the practice of law in Ohio, but the hearing officer shall not be attorney for or an employee of the university.

(4) "Matriculated" enrolled or admitted to any course of study in any one of the colleges of the university.

(5) "Offenses of Violence" are those offenses set forth in section 3345.22 of the Revised Code and section 3345.23 of the Revised Code, or any substantially equivalent offenses under a municipal ordinance. These offenses include, but are not limited to, the following offenses:

Aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, aggravated assault, assault, permitting child abuse, aggravated menacing, menacing by stalking, menacing, kidnapping, abduction, extortion, gross sexual imposition, arson, aggravated robbery, rape, sexual battery, aggravated arson, arson, disrupting public services, terrorism, robbery, aggravated burglary, burglary, inciting to violence, aggravated riot, riot, inducing panic, domestic violence, intimidation, intimidation of attorney, victim or witness in criminal case, escape, aiding escape or resistance to lawful authority, having weapons while under disability, and improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function.

(6) "Physical Harm to Persons" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.

(7) "Physical Harm to Property" means any tangible or intangible damage to property that, in any degree, results in loss to its value or interferes with its use or enjoyment. "Physical harm to property" does not include wear and tear occasioned by normal use.

(D) Procedures

(1) Duty to report. While the arresting authority is required to immediately notify the president of the university of the arrest of an employee or student for an offense of violence, the employee or student who has been arrested is also under an obligation to so report. A student's failure to report will be deemed a violation of the student academic integrity and conduct code. An employee's failure to report will be deemed as grounds for discipline or termination.

(2) Immediate administrative suspension pending hearing. Upon receipt of the information that an employee or student of the university has been arrested for an offense of violence, the president or his/her designee may impose an immediate administrative suspension upon the student or employee until a hearing is held on the matter. The chief student affairs officer has the discretionary authority to impose an immediate administrative suspension upon a student, and the department of human resources has the same discretionary authority to issue such a suspension to an employee. Imposition of an immediate administrative suspension will only occur after there has been an in-person meeting to discuss the alleged conduct, or a good faith effort upon the university to hold an in-person meeting. An immediate administrative suspension may still be imposed where the circumstances of the person's arrest prevent such a meeting from occurring or if the person fails to acknowledge the university's request for such a meeting. For students, the meeting will be held with the chief student affairs officer, while employees will meet with the director of human resources. The safety officer shall be present for the meeting. If an immediate administrative suspension is issued following the in-person meeting, the student or employee must surrender his/her university identification badge and will be escorted off the university property by the safety officer.

(3) Hearing to determine further action. Irrespective of whether a student or employee is placed on immediate administrative suspension, a subsequent hearing will be held to determine if further action is necessary based on the person's offense of violence.

(a) Hearing notice. An employee or student of the university arrested for any offense of violence shall be afforded a hearing on the facts of the case. The university will issue a notice of hearing within two business days of learning that a student or employee has been arrested for an offense of violence. The hearing notice will identify the time, date, and location of the hearing.

(b) Hearing timeframe. The hearing shall be held within not more than five business days after the person's arrest, subject to reasonable continuances for good cause shown, which continuances shall not exceed a total of ten business days.

(c) Hearing. The university will appoint a hearing officer to hold the hearing to determine whether further disciplinary measures will be imposed upon the employee or student. The hearing shall be held at the university or other location in Portage county on the time and date specified in the hearing notice.

(i) The hearing officer may administer oaths, issue subpoenas to compel the attendance of witnesses and the production of evidence, and enforce the subpoenas, as well as preserve the order and decorum of the proceedings over which the hearing officer presides, by means of contempt proceedings in the court of common pleas as provided by law.

(ii) The hearing shall be adversarial in nature and shall be conducted fairly and impartially, but the technical rules of evidence applicable to civil and criminal cases shall not apply. A person whose suspension is being considered has the right to be accompanied by counsel, but counsel will not be furnished for the person. The 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 the hearing, shall not subsequently be used in any criminal proceeding against the person. The hearing officer may require the separation of witnesses and may bar from the proceedings any person whose presence is not essential to the proceedings.

(iii) The person subject to the hearing may appear with another person, who may serve only in an advisory capacity during the hearing. If serving as an advisor to the student/employee, that person may not participate directly in the hearing or address the hearing officer on behalf of the student/employee unless a communication difficulty exists that is sufficiently severe so as to prevent a fair hearing.

(4) Sanctions. Upon hearing, if the hearing officer finds by a preponderance of the evidence that the person whose suspension is being considered committed any offense of violence, the hearing officer may:

(a) Order a university suspension, whereby the person suspended from further employment or matriculation; or

(b) After consulting with university officials and making a determination that the good order and discipline of the university will not be prejudiced or compromised by the person's continued presence, permit the person to return to the university on terms of strict disciplinary probation. Subsequent violation of the terms of the probation automatically affects a suspension.

(5) Failure to appear. A person afforded a hearing pursuant to this section who does not appear at the hearing will be issued a university suspension by the hearing officer.

(6) Waiver. A person afforded a hearing pursuant to this section may waive the right to the hearing by responding in writing to the university official designated in the hearing notice. Waiver of the hearing will result in the automatic imposition of a university suspension or disciplinary probation.

(7) Campus access. Campus security shall escort the person subject to a university suspension from the premises following the imposition of such a sanction and the suspended person must surrender their university identification badge. That name of the suspended person will be provided to campus security and that person shall be denied access to any university property until the sanctions ordered under this rule have been lifted.

(8) Duration of the suspension. A university suspension under this section is in effect until the person is acquitted or convicted of the crime, or a crime related to the same facts for which the person was arrested. If the person is convicted of the crime or a crime related to the same facts, the university suspension will remain in effect for the duration of any criminal sentence imposed by the court. Should the person plead guilty to or be convicted of a lesser charge related to the same facts, the university suspension will remain in effect under the terms originally imposed by the university.

If the person is acquitted or there is a final judicial determination that does not result in a conviction related to the charges for which a person is suspended pursuant to this rule, the university suspension will automatically terminate, and the person suspended shall be reinstated. The record of the suspension shall be expunged from the person's personnel or academic record held by the university.

(9) Appeals. A person ordered to a university suspension under this rule may appeal from the order of a hearing officer on questions of law and fact to the court of common pleas in Portage county, within twenty calendar days after the date of the order. If the court to which an appeal is taken determines that the good order and discipline of the university will not be prejudiced thereby, it may permit the person suspended to return to the university on terms of strict disciplinary probation.

(10) Petitions for reinstatement after a suspension. Upon completion of the criminal sentence imposed, the person may petition the university, in writing, for re-entry into the curriculum or return to employment. Students petitioning to re-enter their curriculum must submit their petition to the committee on academic and professional progress "CAPP". The petition will then be reviewed by a standing subcommittee appointed by phase two "CAPP". Employees petitioning to be reinstated to their position of employment must submit their petition to the director of human resources for review by the president and/or the board of trustees. Decisions on reinstatement to the university will be based on a review of the following considerations:

(a) The nature of the student's profession or employee's position;

(b) The person's present and past disciplinary record;

(c) The nature of the offense;

(d) The severity of any damage, injury, or harm resulting from the person's conduct;

(e) The continued threat posed to campus personnel or property should the person return;

(f) The risk of harm to the health and safety of the university and its students and employees.

Students or employees petitioning for reinstatement may appear accompanied by another person. That person cannot, however, be a relative or an attorney.

students or employees reinstated following a suspension may be placed on strict disciplinary probation for a period of at least one year and may face restrictions, including but not limited to, limitations on facility use.

(11) Student appeals from the denial of a petition for reinstatement. A student who has petitioned for reinstatement may appeal the decision of the phase two "CAPP" subcommittee on the following grounds:

(a) The student sets forth significant new information, which was not available at the time the subcommittee reviewed the petition; or

(b) The student identifies a procedural error that occurred when the subcommittee was reviewing his/her petition.

Any such appeal shall be directed to the associate dean for academic affairs within five business days of the phase 2 "CAPP" decision. The associate dean for academic affairs will make a determination as to whether the matter will be further reviewed by the "CAPP" executive review committee. Sshould the "CAPP" executive review committee determine that the new information brought forth or procedural error alleged had a substantive effect on the decision of the phase two "CAPP" subcommittee, the matter will be resubmitted to the subcommittee for further consideration and the same process, including the right to an appeal of that decision, will ensue.

(12) Dismissal of employees or students upon conviction of certain offenses.

(a) If convicted, the person is dismissed from the university pursuant to section 3345.23 of the Revised Code.

(b) A tenured faculty member dismissed pursuant to this section is not entitled to the protections set forth in appendix "D" to the rules of the faculty.

(c) Upon conviction of a university employee or student for any offense of violence, the court shall immediately notify the president of the university of such conviction. The university registrar or the human resources department shall immediately notify such person of the person's dismissal and provide a copy of the dismissal letter to the university general counsel. 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 this rule, and not permitted to return to the university, the period of the person's dismissal shall run from the initial date of the university suspension.

(d) 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 employee or student, during the period such person is properly dismissed pursuant to this section or under a university suspension pursuant to this rule.

(e) A dismissed person may later seek readmission or re-employment pursuant to division (a) of section 3345.23 of the Revised Code.

(f) Without limiting the grounds for dismissal, suspension, or other disciplinary action against a student or employee of the university, the commission of an offense of violence or a substantially equivalent offense under a local, state or federal law, which offense is committed on or affects persons or property of the university, or which offense is committed in the immediate vicinity of the 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.

(g) If a final judicial determination results in an acquittal, or if the conviction is reversed on appeal, the student or employee shall be reinstated and the university shall expunge the record of the student's or employee's dismissal from the student's or employee's university records, and the dismissal shall be deemed never to have occurred.

(E) Additional authority of the university

(1) Section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and all other sections provided for in this rule shall be applied and followed, notwithstanding any rule, regulation, or procedure of the university, but such sections shall not be construed to limit any duty or authority of the university to take appropriate disciplinary action, through such procedures as may be provided in the rules and rules of the university.

(2) Section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and all other sections provided for in this rule shall not be construed as modifying or limiting the duty or authority of the university to summarily suspend a student or employee, when necessary to preserve the good order and discipline of the university under other existing rules.

(3) To the extent that section 3345.22 of the Revised Code and section 3345.23 of the Revised Code and all other sections provided for in this rule conflict with civil service requirements and procedures, persons otherwise subject to disciplinary action pursuant to such sections, but who are employees in the classified civil service, shall be disciplined according to civil service requirements and procedures.

(4) Dismissed or suspended person are not to enter university premises. No employee or student under dismissal or suspension from the university pursuant to section 3345.22 of the Revised Code or section 3345.23 of the Revised Code or this rule, shall enter or remain upon the land or premises of the university from which he or she was suspended or dismissed, without the express permission of the university.

(5) Pursuant to Section 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., upon receipt of a written request from an alleged victim of an offence of violence (as that term is defined in this rule and in section 16 of title 18, U.S.C.) or that victim's next of kin, the university will issue a report of the result of the disciplinary proceeding instituted against the alleged perpetrator of the act.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15
Prior Effective Dates: 2/2/2015

Rule 3349-10-75 | Sexual harassment under Title IX.

• Effective: October 18, 2021
• Promulgated Under: 111.15

(A) Purpose

The university is committed to maintaining a safe, nondiscriminatory environment in which students and employees of the university can work, learn, and participate in activities free from sexual harassment. Title IX of the education amendments of 1972 and its associated regulations prohibit discrimination on the basis of sex in any education program or activity receiving federal funds. The conduct outlined in this rule, committed against any students or employees of the university, are prohibited conduct under federal law.

(B) Scope

This rule applies to acts committed by students, employees, or visitors/vendors of the university regardless of gender identity or expression or sexual orientation. This rule defines prohibited conduct as it relates to sexual harassment under Title IX of the education amendments of 1972. Students and employees of the university may be victims of sexual harassment by individuals unaffiliated with the university. For the purposes of this rule, employees are full or part time faculty or staff members; students are those who are enrolled in one or more programs at the university; and visitors are those who are not obtaining a degree, attending classes, or directly employed by the university. Student employees are considered students for the purposes of this rule.

Formal complaints of sexual harassment filed by a complainant or signed by the Title IX coordinator will be resolved in accordance with the university's Title IX grievance procedures set forth in this rule. The Title IX grievance procedures have been developed to provide an equitable process for determining whether a violation of this rule has occurred, as well as to remediate the effects, and prevent the occurrence of, prohibited conduct in violation of this rule.

(C) Definitions

(1) "Actual knowledge" refers to notice of sexual harassment or allegations of sexual harassment to the Title IX coordinator or any official with authority (OWA).

(2) "Complainant" refers to an individual who is alleged to be the victim of conduct that could constitute sexual harassment. Where the Title IX coordinator signs a formal complaint, the Title IX coordinator is not a complainant or otherwise a party in the matter.

(3) "Coercion" for the purposes of this rule refers to the intimidation, threats of the physical or psychological nature, or pressure used to force another to engage in sexual acts.

(4) "Consent" for the purposes of this rule, refers to permission or agreement to engage in sexual activity. Consent can be given by words or actions as long as those words or actions create mutually understandable permission and willingness to engage in sexual activity. Consent must be active; silence cannot constitute consent nor can consent to one form of sexual activity be implied as consent to another form of activity. Consent can be withdrawn at any time and previous consent for a sexual act cannot imply future consent. Consent for sexual activity is not present if an individual:

(a) Is in a state of incapacitation (from alcohol or drug use or mental or physical impairment) whereas another individual knows or should have reasonably known of the incapacitation;

(b) Is coerced;

(c) Is subjected to the use of force or the threat of force;

(d) Is unconscious or unaware the act is being committed; or

(e) Is unable to consent due to age.

(5) "Course of conduct," as it relates to stalking, means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.

(6) "Education program or activity" refers to locations, events, or circumstances over which the university exercised substantial control over both the respondent and the context in which the sexual harassment occurred, including any building owned or controlled by a student organization that is officially recognized by the university.

(7) "Formal complaint" refers to a document filed by a complainant or signed by the Title IX coordinator alleging sexual harassment against a respondent and requesting that the university address the allegation of sexual harassment.

(8) "Incapacitation" refers to the state of substantial impairment when an individual is unable to make reasonable, rational decisions because they lack the capacity to give knowing consent. For the purposes of this rule, incapacitation includes individuals whose impairment results from physical or mental disabilities, involuntary restraint, or the consumption of alcohol or other drugs. Incapacitation cannot be used in a defense for behavior that violates this rule.

(9) "Official with authority" refers to an employee who has authority to institute corrective measures for sexual harassment on behalf of the university. For the purposes of this rule, OWAs include the Title IX coordinator, vice president of human resources, senior executive director of academic affairs and student services, assistant dean of students in the college of medicine, assistant dean of student success in the college of pharmacy, and vice dean in the college of graduate studies.

(10) "Reasonable person" means a reasonable person under similar circumstances and with similar identities to the victim.

(11) "Respondent" refers to the person alleged to have engaged in conduct that could constitute sexual harassment as defined in this rule. A respondent is presumed not responsible for the alleged conduct until a determination is made in accordance with this rule.

(12) "Retaliation" refers to intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX or because an individual made a report or complaint, or participated or refused to participate in any Title IX grievance process.

(13) "Sexual harassment," for the purposes of this rule, refers to conduct on the basis of sex which occurs within the university's education program or activity against a person in the united states, and satisfies one or more of the following:

(a) "Sexual harassment by quid pro quo" is an employee of the university conditioning the provision of an aid, benefit, or service of the university on an individual's participation in unwelcome sexual conduct;

(b) "Sexual harassment by hostile environment" is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university's education program or activity; or

(c) Conduct that meets any of the following definitions:

(i) "Sexual assault" includes conduct that meets any of the following definitions:

(a) "Rape" means the carnal knowledge of a person, without the victim's consent, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. "carnal knowledge" means the slightest penetration of vagina by the penis.

(b) "Sodomy" means non-consensual oral or anal sexual intercourse with another person, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

(c) "Sexual assault with an object" means use an object or instrument (other than a person's genitalia) to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the victim's consent, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

(d) "Fondling" means the touching of the private body parts of another person for the purpose of sexual gratification, without the victim's consent, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

(e) "Incest" means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

(f) "Statutory rape" means sexual intercourse with a person who is under the statutory age of consent.

(ii) "Dating violence" means an act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(iii) "Domestic violence" refers to felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

(iv) "Stalking" refers to engaging in a course of conduct directed at a specific person that would cause a reasonable person with similar characteristics under similar circumstances to:

(a) Fear for the person's safety or the safety of others; or

(b) Suffer substantial emotional distress.

(D) Body of rule

(1) Jurisdiction. To meet the jurisdictional conditions of Title IX, alleged conduct must occur in the university's education program or activity or within the scope of employment against a person in the United States. This includes alleged conduct which occurs on campus or as part of the university's operations, including computer and online platforms owned and operated by, or used in the operations of the university.

(a) Complaints of alleged conduct that does not fall under the jurisdiction conditions set forth in paragraph (D)(1) of this rule will be dismissed for the purposes of Title IX. In situations where a complaint is dismissed under Title IX, the parties will be notified in writing and given a period of five business days to appeal the dismissal, in writing, to the vice president for human resources and diversity (or designee). Allegations dismissed under Title IX may still constitute a violation of other university rule and may be addressed using separate conduct processes.

(b) The university may dismiss a formal complaint or any allegations therein, if at any time during the grievance process, prior to reaching an informal or formal resolution:

(i) The complainant notifies the Title IX coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations it contains;

(ii) The respondent is no longer enrolled or employed by the university; or

(iii) Specific circumstances prevent the university from gathering evidence sufficient to reach a determination as to the formal complaint or allegations it contains.

(2) Reporting. The university supports and encourages the campus community to report any and all instances of gender-based violence to the following resources:

(a) Title IX coordinator. Reports of sexual harassment should be made to the Title IX coordinator, whose contact information can be found at https://www.neomed.edu/diversity/title-ix/. Reports may be made at any time, including during non-business hours. The Title IX coordinator, or designee, will respond to the report with a request for an intake meeting within twenty-four business hours after addressing immediate supportive measures/safety.

(b) Law enforcement. Reports may be made to the NEOMED police department at 330-325-5911 or to the Portage county sheriff's office at 330-296-5100 if a person believes the sexual harassment he/she experienced may constitute a crime. A report can be made to both law enforcement and university employees designed in this rule. Reports made to the NEOMED police department are not confidential.

(c) Other reporting sources. Reports made to officials with authority are not confidential. These individuals are required to inform the Title IX coordinator of any such report made to them:

(i) Vice president of human resources;

(ii) Senior executive director of academic affairs and student services;

(iii) Assistant dean of students in the college of medicine;

(iv) Assistant dean of student success in the college of pharmacy; and

(v) Vice dean in the college of graduate studies.

(d) Confidential reports. Reports made to one of the licensed counselors in the center for student wellness and counseling services (CSWCS) are confidential and will not be reported to the Title IX coordinator.

(e) Anonymous reports. Anonymous reports will be accepted; however, in these instances, the university's ability to provide supportive measures or investigate the alleged conduct may be compromised. The university will address anonymous complaints to the extent possible.

(f) Consolidation of formal complaints. The university may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

(g) False complaints. Intentionally filing a false complaint of sexual harassment is a violation of this rule and could constitute a criminal act. Evidence of this nature will be referred to the university's general counsel.

(h) Retaliation. Neither the university nor any other person may retaliate against an individual for the purpose of interfering with any right or privilege secured by Title IX or because an individual made a report or complaint, or participated or refused to participate in any Title IX grievance process. Retaliation should be reported promptly to the Title IX coordinator. Evidence of retaliation is grounds for disciplinary action.

(i) Limited amnesty. Individuals who make a report of sexual harassment or participate in any sexual harassment grievance procedure may not be subject to disciplinary action by the university for behavior that is otherwise considered a violation of the student conduct code or terms of employment. This includes the personal consumption of alcohol or drugs at or near the time of the incident, provided that any such violations did not place the health or safety of any other person at risk.

(j) Minors. Upon receipt of a report of alleged sexual harassment or sexual violence committed by or upon a minor in a university affiliated program or activity, the Title IX coordinator or designee shall:

(i) Complete an immediate safety assessment to restore a safe environment;

(ii) Determine whether local law enforcement and/or children and family services have been notified and decide whether such notification is required or appropriate;

(iii) Notify the parents or guardians of the minor(s) involved; and

(iv) The Title IX coordinator or designee will review this rule with the guardian(s), provide available on and off campus resources to the minor, and explain the process to submit a formal complaint.

(3) Supportive measures

(a) Supportive measures are non-disciplinary, non-punitive individualized services offered by the Title IX coordinator as appropriate and as reasonably available, without fee or charge, to the complainant or respondent. Supportive measures may be offered before or after the filing of a formal complaint, or where no formal complaint has been filed.

(b) Supportive measures are designed to restore or preserve equal access to the university's education program or activity.

(c) Supportive measures may include, but are not limited to:

(i) Mutual no contact directives;

(ii) Counseling and health services;

(iii) Course-related adjustments;

(iv) Modifications of work or class schedules;

(v) Campus escort services;

(vi) Academic support;

(vii) Consideration of leave requests; and

(viii) Designated hours for use of shared facilities.

(4) Resources and support

(a) Confidential resources

(i) The CSWCS is an on-campus confidential resource and can be reached at 330-325-6757. Making a report to CSWCS licensed counselors will not result in a report to law enforcement or other university personnel, including the Title IX coordinator.

(ii) Off-campus, twenty-four/seven local crisis resources include townhall II, which can be reached at 330-678-4357(help), and coleman professional services, which can be reached at 330-296-3555.

(b) Treatment. Any person who has experienced an act of sexual violence is encouraged to go to the nearest emergency room or hospital for evaluation, treatment, and counseling. St. Thomas hospital in Akron, Ohio, offers specialized services for victims of sexual violence. Though a person who has experienced an act of sexual violence may choose whether to notify law enforcement authorities about the offense, filing a police report near in time will:

(i) Ensure the person receives necessary medical treatment and tests at no expense;

(ii) Provide an opportunity for the time-sensitive collection of evidence helpful in the prosecution, such as collecting soiled clothes and advising the person to refrain from bathing or douching, washing his/her face, urinating, drinking liquids, eating, or brushing his/her teeth; and

(iii) Assure that the person has access to free confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.

(c) Advisors of choice. Both parties are permitted to be accompanied to any and all meetings and interviews related to the Title IX grievance process by an advisor that the party chooses. This can include but is not limited to: a parent, friend, lawyer, or colleague. A party can request to the Title IX coordinator that an advisor of choice be assigned to them, and the university will provide a trained advisor to the party free of charge. Advisors of choice are mandatory during the formal resolution live hearing process but are optional at other stages.

(5) Procedures for resolving formal complaints of sexual harassment

(a) Informal resolution

(i) Informal resolution is only available in situations where a formal complaint has been filed by the complainant.

(ii) After a formal complaint is filed, the respondent will be provided notice of the allegations of sexual harassment potentially constituting a violation of this rule. The respondent will be given a minimum of three days to prepare for any informal resolution.

(iii) In order to proceed with an informal resolution, both parties must provide voluntary, written consent to the informal resolution process. In situations where neither party, or only one of the parties, agrees to an informal resolution, the Title IX coordinator will proceed with the formal resolution process.

(iv) In situations where the respondent is an employee of the university and the complainant is a student of the university, there is no option for informal resolution and the Title IX coordinator will proceed with the formal resolution process.

(v) Any informal resolution will be conducted through a facilitator in a manner designed to provide a prompt, fair, and impartial resolution.

(vi) Both parties have the right to be accompanied at any meetings as part of the informal process by an advisor of choice.

(vii) The complainant and respondent are not required to address the formal complaint directly with one another if they choose to pursue an informal resolution.

(viii) Both parties have the right to discontinue the informal resolution and initiate the formal resolution process at any time prior to both parties signing an informal resolution agreement.

(ix) Both parties have the right to request an informal resolution prior to any hearings as part of the formal resolution process; however, both parties must agree, in writing, to proceed with an informal resolution.

(x) Both parties will be asked to sign an informal resolution agreement within three business days of the conclusion of the informal resolution. If one or both of the parties does not sign the informal resolution agreement within the specified timeframe, the Title IX coordinator will proceed with the formal resolution process.

(xi) The case will be closed once both parties have signed an informal resolution agreement. There are no bases to appeal an informal resolution.

(b) Formal resolution

(i) Formal resolution is only available in situations where a formal complaint has been filed by the complainant or signed by the Title IX coordinator.

(ii) Any formal resolution will be conducted in a manner designed to provide a prompt, fair, and impartial resolution. Most formal resolutions will be resolved within a ninety-day window. The Title IX coordinator will notify the parties if this time frame will not be met and provide sufficient reasoning.

(iii) Both parties have the right to be accompanied at any meetings, interviews, or hearings as part of the formal process by an advisor of choice.

(iv) There is the presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the formal resolution process.

(v) After a formal complaint is filed, the respondent will be provided notice of the allegations of sexual harassment potentially constituting a violation of this rule, along with a minimum of three days to prepare for any initial interview.

(vi) A formal investigation into the allegations will include interview(s) with the complainant, interview(s) with the respondent, and interviews with any witnesses believed to possess relevant evidence regarding the allegations.

(vii) Both parties will have an opportunity to examine a draft version of the investigatory report and any relevant evidence collected throughout the investigation and will have a period of ten business days to submit a written response.

(viii) The investigator(s) will compile a final investigatory report, which will be provided to both parties and their advisors of choice no less than ten business days prior to any hearings on the matter.

(ix) Live hearings will take place via video conference and will be closed to the public. During the live hearing, both parties will have the opportunity to cross-examine one another, as well as any witnesses, through an advisor of choice. If either party does not have an advisor of choice, an advisor will be provided by the university at no cost for the sole purpose of conducting the cross-examination.

If a party or witness does not submit to cross-examination at the live hearing, a decision-maker may consider any statements made by that party or witness when reaching a determination regarding responsibility, so long as the statements are otherwise permitted under Title IX regulations.

(x) The preponderance of the evidence standard will be applied in any formal resolution process initiated by a formal complaint of sex-based harassment. A "preponderance of the evidence" is met if it is determined to be more likely than not, based on the evidence available, that the respondent's behavior violated the sexual harassment under this rule.

(xi) At the conclusion of the live hearing, the decision maker(s) issue a written decision, which shall include the following:

(a) A statement of the allegations made to support a claim of sexual misconduct;

(b) A description of the procedures followed throughout the process, starting from the formal complaint through the determination;

(c) The findings of fact to support the determination;

(d) A conclusion regarding whether the university rule was violated based on the factual findings;

(e) A statement of the result as to each allegation, including the rationale for the statement and a determination of responsibility;

(f) A statement of any disciplinary sanctions imposed upon the respondent or remedies put in place in to restore or preserve; and

(g) The procedure and available bases for appeal.

(c) Appeals. Only formal resolutions may be appealed. Both parties have the right to submit a written appeal within five business days of receiving the written decision. Appeals should be submitted to the vice president for human resources and diversity or designee. Appeals can only be made on any one of the following grounds:

(i) Procedural irregularity that affected the outcome of the matter;

(ii) New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and

(iii) The Title IX coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

(6) Disciplinary sanctions

Sanctions may only be imposed as the result of disciplinary proceedings and may not be imposed prior to informal resolution or a finding of responsibility at the conclusion of the formal process. Possible sanctions include:

(a) Suspension from or termination of further employment;

(b) Suspension or dismissal from further matriculation;

(c) Adjustments to work, living or learning situations;

(d) No-contact directives;

(e) Educational intervention; or

(f) Restrictions from participating in co-curricular activities.

(7) Emergency removal and administrative leave. The university may remove a respondent from the university's education program or activity on an emergency basis. Prior to removal, the university will conduct an individualized safety and risk analysis and must determine that an immediate threat to the physical health or safety of any student, employee, or other individual arising from the allegations of sexual harassment justifies removal. The university will provide notice of an emergency removal and give the respondent an opportunity to challenge the emergency removal decision immediately following the removal.

The university may place a non-student employee respondent on administrative leave while a grievance process is pending.

Last updated October 10, 2024 at 8:42 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 10/26/2020

Rule 3349-10-76 | Access and use of university owned buildings.

• Effective: February 14, 2019
• Promulgated Under: 111.15

(A) Purpose

The university strives to provide a safe and secure environment and to meet the educational and professional needs of students and employees. Toward this end, this rule establishes restricted access buildings, open access buildings, periods when university buildings may be used, and prescribes conditions under which persons may use closed facilities.

(B) Scope

This rules applies to all university owned or leased buildings and to all persons who enter or use such buildings.

(C) Definitions

(1) "Designated University Officials" include: department chairs, the director of campus operations, or senior university administrator.

(2) "University Owned or Leased Buildings" include those buildings and facilities on the Rootstown, Ohio campus and others leased by or under the control of the university.

(3) "Restricted Access Building" includes all buildings except for the public areas of the information center and the conference center.

(4) "Senior University Administrators" for purposes of this rule include the president, deans of the colleges, vice-presidents and the general counsel.

(D) Rule statement

(1) All university restricted access buildings are closed from one a.m. to six a.m., Monday through Friday and all weekend and designated university holidays or breaks.

(a) No restricted access building may be utilized for non-university related events after one a.m.

(b) Except in the case of an emergency, no university owned or leased building may be used for overnight or sleeping accommodations.

(2) At any time, university employees must have the permission of their immediate supervisor to have non-business related visitors in any restricted access building for any period in excess of thirty minutes.

(3) It is permissible for a designated university official to allow employees under his or her control to utilize offices, laboratories and other areas for university related purposes during periods when a restricted access building is closed.

(a) The designated university official authorizing such use assumes responsibility for the conduct of personnel so authorized and for the security of the area.

(b) No designated university official may authorize the use of facilities for non-university events during the hours one a.m. to six a.m. Or for overnight accommodations without the written consent of the president or the director of campus operations.

(c) The designated university official will notify security of the names of the persons authorized and the dates and times of such authorization via email at [e-mail].

(4) University employees or currently enrolled students may only use a closed restricted access building if they have the permission of one of a designated university official and they have in their possession a valid university identification card.

(5) University-contracted employees engaged in the performance of their job duties must have and display valid identification from the contractors that is acceptable to the university.

(6) The information center and the conference center have defined hours of operation and use restrictions. Patrons using these facilities must abide by these hours and restrictions.

(7) Persons who do not have authorization to enter and use restricted access buildings as set forth herein will be asked to leave the building by security personnel. Persons who do not abide by the request will be informed that they are considered trespassers and that the sheriff's office will be notified immediately. Disruptive persons may be detained by the security personnel until sheriff's officers arrive on the scene.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015

Rule 3349-10-80 | Minors on campus.

• Effective: June 11, 2017
• Promulgated Under: 111.15

(A) Purpose

To establish a rule for managing minors on the university campus.

(B) Scope

This rule covers all minors, both supervised and unsupervised, who may be present on the university campus.

(C) Definitions

(1) "Minors" refers to persons under the age of eighteen, with the exception of university students that are enrolled at the university.

(2) "Laboratory Areas" refers to the following areas: the research and graduate educational building, multi disciplinary teaching laboratories and gross anatomy laboratory areas of B building; all basic medical sciences laboratories in C D, E and F buildings; and all restricted access areas in the comparative medicine unit.

(3) "University Campus" refers to the Rootstown campus, any on-campus residences and any non-campus university-owned buildings or property

(D) Rule statement

(1) Supervised minors on the university campus.

(a) Minors are permitted in all non-laboratory areas of the university campus when accompanied by an adult. Minors are not permitted in the laboratory areas unless prior written approval has been provided by the department head in advance of the minor's visit and the requisite supervision will be in place during the visit.

(b) Minor children of university students are not permitted to attend class with their parents. If a minor child is brought to campus or a location where university students are receiving instruction, the child must be accompanied by an adult at all times.

(c) Minor children of university employees are not permitted to attend work with their parent unless the employee has obtained prior approval in advance from his/her direct supervisor. Supervisors may not permit minor children of employees to attend work with their parent on a daily or ongoing basis. Minor children permitted to attend work with their parent must be directly supervised by the parent while on the university campus and may not disrupt the routine activities of the university.

(d) Minors ages sixteen to eighteen years old may work on the university campus provided their parent(s) or legal guardian(s) complete the necessary paperwork with human resources allowing them to do so.

(e) Minors who are on campus in conjunction with various university programs including educational workshops or conferences, academic camps, pre-enrollment visits must be supervised by an adult at all times.

(f) Students enrolled in the bio-med science academy that are minors must be supervised by a teacher or member of the bio-med science academy's staff at all times while on the university campus. All teachers or staff members of the bio-med science academy who are engaged in the supervision of students on the university campus must have a criminal background check on file with human resources prior to engaging in student supervision.

(g) Bio-med science academy students that are engaged in long-term educational experience (as defined by rule 3349-10-41 of the Administrative Code) may be provided with campus access and permitted to move about campus unsupervised after obtaining the proper approvals to do so. Campus access will be terminated if the student is found to have misused or abused his/her access privileges.

(2) Unsupervised minors on the university campus.

For their safety and welfare, any unsupervised minor found on the university campus will be escorted to the campus security office and the parent(s) or legal guardian(s) will be contacted to pick them up immediately.

(3) This rule does not apply to general events held on the university campus that are open to public.

(4) The board of trustees authorized the administration to establish and implement the specific procedures for regulating the presence of minors on the Rootstown campus and to modify these procedures as necessary to carry out this rule without further ratification or action required by the board of trustees.

Supplemental Information

Authorized By: 111.15
Amplifies: 111.15

Rule 3349-10-90 | Timely warning.

• Effective: February 14, 2019
• Promulgated Under: 111.15

(A) Purpose

The purpose of this rule is to codify the university's rule concerning timely warnings/crime alerts issued by the university.

(B) Definitions

(1) "Clery Act" refers to Section 1092(f) of The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, 20 U.S.C., and its implementation regulations, 34 C.F.R. 688.46.

(2) Northeast Ohio medical university police department or "NPD" refers to the commissioned law enforcement officers employed by the university and having jurisdiction on university owned property.

(3) "Security" is the physical space reserved for contracted security officers and their respective functions. It is located in room A-90.

(4) "Supervisor" means the supervisor for public safety & security who is a full-time university employee and who heads the office of public safety and security.

(5) "Timely Warning" is for the purposes of this rule, "Timely Manner" generally means the warning should be issued as soon as the pertinent information is available, unless notification will compromise the efforts of law enforcement to contain the emergency.

(6) "Nine One One" is the telephone number used to call for local community police, fire or ambulance emergency services.

(C) Body of the rule

(1) The university will issue timely warnings/crime alerts in effort to notify community members about certain crimes in and around our community in compliance with the "Clery Act."

(2) The director of public safety and security, or his/her designee is responsible for consulting with university administration, local police department(s), and with other authorities in making the determination on a case-by-case basis of when "Timely Warning" information in the form of a crime alert is to be disseminated.

Pursuant to the "Clery Act," a two-prong test shall be applied to determine if a crime alert will be issued. The two-prong test requires the associate to determine if the incident is:

(a) Identified as a "Clery Act" crime; and/or

(b) Represents a serious or continuing threat to students, faculty, staff, or visitors

(3) Whether to issue a crime alert for non "Clery Act" crimes shall be evaluated on a case-by-case basis, taking into account both the frequency of offense and likelihood for additional occurrence.

(4) Timely warnings/crime alerts will contain in the subject line the phrase "Timely Warning" or "Crime Alert" depending on the severity of the threat. The body of the warning will include the following information, if known: a short description of the crime or incident giving the time and date, location, reported offense; a suspect description; weapon used; suspect vehicle; and method of operation used to facilitate the crime. The warning will also include personal safety information to aid members of the university community in protecting themselves from becoming victims of a similar crime and promote overall safety for our educational community.

(5) Methods of dissemination may include, but are not limited to, electronic distribution through e-mail, posting of hard copies in public areas, posting on the university web site, and dissemination via local media outlets.

(6) Following issuance, timely warnings/crime alerts will be posted for at least sixty days in a conspicuous location at the security office for public review.

(7) Status updates as to the resolution or outcome will be disseminated and updated as soon as possible.

(8) Members of the community who know of a crime or other serious incident should report that incident as soon as possible to NPD so the decision can be made as to whether or not an alert is needed.

Supplemental Information

Authorized By: 111.15
Amplifies: 3350.12
Prior Effective Dates: 2/2/2015