Ohio Administrative Code
Title 3339 - Miami University
Chapter 3339-3 - In General
Section 3339-3-20 - Disruptive behavior and the 1219 procedure

(1) House Bill 1219 requires that Miami suspend a university employee who is arrested for any of the criminal offenses enumerated in division (D) of section 3345.23 of the Revised Code, when either of the following conditions applies:

(2) A hearing will be held no more than five days after arrest (continuances may be granted which may not exceed a total often days).

(3) The hearing shall be fair and impartial, but the formalities of criminal process are not required. The hearing shall be adversary in nature. The individual whose suspension is being considered has the right, at his or her own expense, to be represented by legal counsel. The person also has the right to cross examine witnesses, to testify, and to present the testimony of witnesses and other evidence. In the absence of a waiver of the right against compulsory self-incrimination, the testimony given at the hearing by the person whose suspension is being considered shall not subsequently be used in any criminal proceeding against the person. The hearing shall be held before a referee appointed by the Ohio department of education.

(4) If the referee finds by a preponderance of the evidence that the person committed any offense covered by division (D) of section 3345.23 of the Revised Code, the referee shall take one of the following actions:

(5) The suspension is in effect until the person is acquitted or convicted of the offense. If the individual is convicted, the individual's employment is automatically terminated. Upon acquittal, or upon any final judgment not resulting in a conviction of the offense charged, the following actions occur:

(6) Any suspension under this provision shall be without pay (division (C) of section 3345.23 of the Revised Code). An order of the referee may be appealed to the court of common pleas within twenty days after the date of the order.

(1) According to Ohio law, a university employee is subject to immediate dismissal if the person is convicted of any of the offenses enumerated in division (D) of section 3345.23 of the Revised Code, when either of the following conditions applies:

(2) Upon notification of the conviction, the president or president's designee shall immediately notify the person, in writing, by certified mail delivery, of the dismissal and offer the individual the opportunity to be heard. The hearing shall be limited to the issues of whether the individual was in fact the individual so convicted and whether the conviction is for an offense enumerated in division (D) of section 3345.23 of the Revised Code.

(3) The contract of a faculty or administrative staff member or other employee so dismissed is terminated upon dismissal. No salary or wages shall be paid or credited to the individual after dismissal.

(4) A faculty or administrative staff member or other employee dismissed pursuant to this rule may be re-employed at the discretion of the board of trustees but only after the lapse of one calendar year following dismissal.

(5) If the conviction is reversed on appeal, the individual shall be reinstated, the record of the dismissal shall be expunged from the individual's university record, and the dismissal shall be deemed never to have occurred.

(6) Sections 3345.22 and 3345.23 of the Revised Code for the full text of the statutes. See the student handbook for a list of criminal offenses which trigger these procedures.

(1) An individual suspended, placed on probation, or dismissed under these procedures has no right to any other hearings or procedures provided under the policies, procedures, or rules of Miami university.

(2) The university has the right, however, to pursue disciplinary action in accordance with the policies, procedures or rules of Miami university, up to and including dismissal, against any faculty or administrative staff member or other employee at the same time that a 1219 procedure is engaged and/or at the same time as criminal proceedings, even if the criminal charges involving the same incident are not complete, have been dismissed or were reduced. (see section 3345.24 of the Revised Code.)