Ohio Administrative Code
Title 3335 - Ohio State University
Chapter 3335-5 - Faculty Members In General
Section 3335-5-02.1 - Financial exigency
Universal Citation: OH Admin Code 3335-5-02.1
Current through all regulations passed and filed through September 16, 2024
(A) Definition. "Financial exigency" is an imminent financial crisis which seriously jeopardizes the ability of the university as a whole to survive as an institution of excellence in teaching, research, and public service. Projections of enrollment, of instructional subsidies, and of other sources of revenues must demonstrate that the shortage of funds will be both severe and persistent and cannot be alleviated by temporary or voluntary measures, as specified in paragraph (B)(2) of this rule.
(B) Mechanism of determination.
(1)
In the event of an imminent financial crisis, as
announced and defined by the president to the university senate, the president
will solicit the recommendations of the fiscal committee, as provided for under
rule 3335-5-48.11 of the Administrative Code, to ascertain whether a
determination of financial exigency is warranted.
(2)
The fiscal
committee, acting in accordance with rule 3335-5-48.11 of the Administrative
Code, shall have the responsibility to:
(a)
Review the
budgetary documentation of the crisis, having full access to that
documentation.
(b)
Assess whether the crisis would reduce the quality of
the academic programs of the university as a whole to an unacceptable degree
and would render the university unable to meet its obligations to the
public.
(c)
Ascertain the extent to which consolidation or
elimination of some administrative offices and services or reductions in
operating and equipment budgets would alleviate the crisis.
(d)
Ascertain the
extent to which voluntary retrenchment mechanisms, including early retirement
or resignation or other economic incentive plans, would alleviate the
crisis.
(e)
Make a recommendation based upon the above
considerations of the need for a determination of financial
exigency.
(f)
Report the results of its deliberations to the
university senate.
(g)
Monitor the financial condition of the university
during a state of financial exigency.
(3)
Upon receipt of
the report of the fiscal committee, the university senate shall make its
recommendations as to whether there should be a determination of financial
exigency.
(4)
Upon receipt of the recommendations of the fiscal
committee and the university senate, the president will notify the university
community and the university senate of the administration's analysis and
proposed response to the financial situation, allowing an opportunity to
respond to questions and to solicit advice and opinions.
(5)
In the event
that the recommendations of the university senate and the president differ
substantially on recommending determination of financial exigency to the board
of trustees, recommendations of both shall be forwarded to the board, which has
final responsibility for the determination of financial exigency. No further
establishment of financial exigency will be required for one year at which time
the full procedures must be invoked again.
(C) Review of administration proposals for alleviating financial exigency.
(1)
Upon
determination of a state of financial exigency and upon receipt from the
executive vice president and provost of proposals, prepared in consultation
with the college faculties, for curtailment of academic programs to alleviate
financial exigency, the council on academic affairs shall review the
proposals.
(2)
For the purpose of this review, the council is to be
an advisory committee to the president and is to report the results of its
review both to the president and to the university senate.
(3)
For this review,
the council shall be chaired by a tenured faculty member of the council. If
neither the chair nor the vice chair of the council is a tenured faculty member
of the council, then a tenured faculty member of the council shall be elected
to act as chair of the council for the review of these proposals and for the
submission of results to the president and to the university
senate.
(4)
In the conduct of its review, the council is
authorized to:
(a)
Obtain explanations of the proposals or provisions
thereof;
(b)
Request or initiate changes in the proposals and seek
concurrence of appropriate administrators. In the event of non-concurrence, the
council will note any points of disagreement.
(5)
All proposals
are to be reviewed both individually and as a coordinated set.
(6)
In the review,
the council shall:
(a)
Consider alternatives to those proposals which would
result in involuntary termination of tenured faculty members or tenure track
faculty members in the probationary period;
(b)
Determine that
the proposals are consistent with established educational and academic policies
of the university;
(c)
Determine that there has been appropriate consultation
with administrators, faculty, and students in the preparation of the
proposals;
(d)
Determine the extent to which the proposals affect the
affirmative action commitment of the university;
(e)
Determine that
the proposals consider the effect upon students whose faculty advisers are
reassigned or terminated and students whose field of study would be
eliminated;
(f)
Determine that the reassignment, economic incentive,
and retraining provisions under rule 3335-5-02.2 of the Administrative Code
have been considered;
(g)
Determine that the proposals take into account the
quality of relevant programs.
(7)
The council
shall conduct a hearing or hearings at which appropriate administrators,
faculty members, and students are invited to testify.
(8)
Within sixty
days of the receipt of the proposals or such time as the president may
designate, the council shall submit its report to the president and the
university senate.
(D) Ending a state of financial exigency. A state of financial exigency ends one year after determination, unless ended sooner by the board of trustees.
Replaces: 3335-5- 02.1
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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