Current through all regulations passed and filed through December 16, 2024
(A)
Preamble. The
university was established by the general assembly of the state of Ohio by an
enactment to be found in Chapter 3341. of the Revised Code. Pursuant to section
3341.02 of the Revised Code the
government of the university is vested in a board of eleven trustees, two of
whom shall be students at the university. The purpose of this rule is to
mandate procedures which will regulate the internal operations of the board so
as to facilitate the board in exercising the powers conferred upon it by the
laws of the state of Ohio.
(B)
Aims of the
university.
(1)
The university is dedicated to teaching the many who want to
learn, to advancing knowledge and to providing appropriate public service. The
university, with the singular advantages of a large residential state
university located in the heart of the most heavily populated section of Ohio,
is both a community of scholars and an important intellectual, cultural,
scientific and technological resource for its area.
(2)
The university's
primary concern is the student. It endeavors to provide the academic
atmosphere, the human association and the discipline vital to the student's
sound intellectual growth and character development. The various programs of
curricular and extracurricular activities are designed to stimulate curiosity,
broaden perspective, enrich awareness, deepen understanding, establish
disciplined habits of thought, provide preparation for a vocation and help in
realizing the potential of students as individuals and as responsible and
informed members of society.
(3)
The university
will continue to develop as an active institution of learning whose scholars
extend the boundaries of knowledge and whose practitioners of the arts and
professions help it to shape the culture of the area it serves. The university
supports the research and other activities of its faculty and students, and
recognizes not only the intrinsic value of such creativity but also its
beneficial effect on teaching at both the undergraduate and graduate
levels.
(4)
The university, like other large American state
universities, combines service with teaching and research and makes available
its rich variety of cultural, educational, technical and other resources to its
area, to the state of Ohio, to the nation and to the international
community.
(C)
Student trustees. Student trustees serve a two-year
term. They are appointed by the governor from a group of five names selected by
the student trustee selection committee under a procedure adopted by the
undergraduate student senate and the graduate student senate, administered
through the office of the vice president for enrollment management and student
affairs and approved by the board of trustees. Student trustees do not have the
right to vote on measures that come before the board, are not considered as
members in determining whether a quorum is present, are not to be officers of
the board, and are not entitled to attend executive sessions of the board.
However, they will be appointed as members of standing committees and special
committees in the same manner as are nine-year trustees, and, except for the
limitations listed above, they will be expected to participate fully in
exercising the rights and responsibilities of those trustees appointed to
nine-year terms.
(D)
Powers of the board. The board shall have the power,
not inconsistent with law or this rule, to do all things necessary for the
proper maintenance and successful and continuous operation of the
university.
(E)
Officers and organization.
(1)
Officers and term
of office. Officers of the board shall be a chairman, a vice chairman and a
secretary, who shall be members of the board. They shall be elected annually
for one-year terms, at the first meeting of the board after the seventeenth of
May. The chairman of the board will annually appoint a nominating committee,
the function of which is to consult with each trustee to solicit nominations
for each office. The nominating committee's recommendations for a consensus
candidate for each office will be presented to the full board at the first
meeting of the board after the seventeenth of May. At that time, the chairman
will accept the committee's recommendations. The chairman will then entertain a
motion from the floor to nominate a slate of candidates. After appropriate
procedures, the candidates shall be elected by the board. New officers shall
take office immediately following adjournment of the meeting at which they are
elected, and shall not be elected to a particular office for more than two
consecutive terms. Any officer of the board, having served two consecutive
terms in any of the offices, can be reelected to that same office only after
one year or more has elapsed from the date of expiration of such officer's
latest previous term in that office. At the conclusion of an officer's term in
one board office, such officer may be elected to another board office.
Vacancies occurring in the offices of the board, for reasons other than
expiration of term of office will be filled by election at the next
meeting.
(2)
Chairman. The chairman shall preside at meetings of the
board. The chairman shall perform all general duties incident to the office of
the chairman, and such other duties as may be assigned to the chairman by the
board. The members of all committees of the board shall be appointed by the
chairman, but all standing committees shall be subject to the approval of the
board. Unless specifically provided to the contrary by the board, the chairman
may assign any of the chairman's duties to another member of the
board.
(3)
Vice-chairman. At the request of or in the absence or
disability of the chairman, the vice-chairman shall perform all the duties of
the chairman and, while so acting, shall have all the powers and authority of
the chairman.
(4)
Secretary. The secretary shall be the custodian of and
responsible for the official books and records of the board and shall keep the
minutes of all meetings and proceedings of the board. The secretary shall give
notice of all meetings of the board and shall be responsible for delivery of
the agenda in accordance with the provisions of this constitution. The
secretary shall perform such other duties as may be assigned by the board from
time to time.
(5)
Removal of officers. Subject to the notice and agenda
requirements specified in paragraph (F) of this rule, any officer of the board
may be removed as such officer by resolution adopted by at least six members of
the board.
(6)
Board committees. Subject to the approval of the board,
the chairman may appoint members of the board to such committees as is deemed
necessary.
(F)
Meetings of the board.
(1)
Regular meetings.
The board shall meet at least quarterly each year; provided, however, that one
of the meetings shall be held subsequent to the seventeenth of May but prior to
the fifteenth of July. At the time of adjournment of each regular meeting the
board shall provide, by resolution, the time and place for the holding of the
next regular meeting. The secretary of the board shall post written notice of
each regular meeting to the residence or business address of each member of the
board no less than fourteen days prior thereto. Notice shall include the time
and place for the regular meeting.
(a)
Public notification of meetings. No later than one week
prior to the date of all regular meetings, such date, time, and location of the
meeting, as well as the agenda, will be distributed by the office of university
news and information to the media and other interested parties. The same office
will announce the date, time, place, and purpose of any special meetings of the
board at least twenty-four hours prior to that special meeting. In the event of
an emergency meeting, university news and information will notify the media
immediately of the time, date, place and purpose of the emergency
meeting.
(b)
Any person may, upon request, obtain advance
notification of all meetings at which any specific type of public business is
to be discussed.
(2)
Business to be
considered at regular meetings.
(a)
An agenda of matters to be considered shall be
constructed by the president in collaboration with the chairman or by the
president with the authorization of the chairman and delivered by the secretary
or the secretary's designee to each board member at least five days prior to a
regular meeting of the board.
(b)
Along with the
agenda, any proposed action which will substantially affect university policy,
including, but not limited to the consideration of major appointments and the
annual budget, shall be presented to board members in a form sufficient to
advise them adequately as to the content of the proposed
action.
(c)
With the permission of the board, the president may add
emergency matters to the agenda at any time.
(d)
Any matter coming
to the board other than from a board member or the president shall be presented
to the chairman in writing at least two weeks prior to the meeting at which it
is proposed for consideration. Any persons wishing to speak at a meeting must
give at least two weeks written notice to the chairman and must set forth the
subject on which they wish to speak. The chairman shall determine which
requests shall be placed on the agenda and may make other appropriate
disposition of said requests.
(3)
Special meetings.
Special meetings of the board may be called by the chairman of the board or
upon the request of the president or upon the written request of three members
of the board. Unless the chairman determines that an emergency situation
exists, written notification of a special meeting shall be received by each
board member at least two days prior to the commencement of the meeting. The
notice shall specify the business to be conducted at the special meeting as
well as the time and place for such meeting. No business other than that
specified in the notice may be conducted at a special meeting. Attendance of a
board member at any special meeting shall constitute a waiver of
notice.
(4)
Special hearings. Hearings outside of official meetings
may be arranged by the board.
(5)
Quorum. A
majority of the board, when duly convened, shall constitute a quorum for the
transaction of business. At any meeting at which a quorum is present, a
majority vote of those present shall be required for any official board action.
No member may vote except in person at the meeting. By law, student trustees
are not to be counted in the determination of a quorum.
(6)
Organization of
meetings. The chairman shall preside over all meetings. In the absence of the
chairman, the vice-chairman shall preside. In the absence of both the chairman
and the vice-chairman, a member of the board then present shall be chosen by a
majority of the board members present to preside over the meetings. The
secretary or the secretary's designee shall keep the minutes.
(7)
Order of
business. Unless otherwise ordered by the chairman, the usual order of business
at board meetings shall be as follows:
(c)
Reading and
disposition of minutes of previous meeting;
(d)
Reports and
recommendations of the president;
(f)
Consideration of communications;
(8)
Rules of order.
The latest revised edition of "Robert's Rules of Order" shall be accepted as
authority on all questions of parliamentary procedure not determined by this
rule. Any motion shall be reduced to writing on the request of any
member.
(G)
Administration of the university.
(1)
Board of
trustees. In accordance with the laws of the state of Ohio, the board is the
governing body of the university and shall do all things necessary for the
proper maintenance and successful and continuous operation of the university.
From time to time, as may be appropriate and deemed necessary, the board will
delegate certain authority for the administration of the university to
designated administrative officers. Such delegation shall be specified in a
manner to be determined by the board and shall be accompanied by periodic
review of the exercise of such authority.
(a)
Reserved powers.
At all times and as prescribed by law, the board shall retain the ultimate
authority to approve and/or initiate:
(i)
The
administrative structure of the university;
(ii)
The educational
programs and academic requirements of the university;
(iii)
The
appointment, compensation and removal of all university
personnel;
(iv)
The fiscal policies of the university;
and
(b)
Advisory
procedures. Approval by the board of policies, procedures and internal
governance arrangements to assure collegiality shall be requisite. However, no
delegation of the authority of the board may interfere with or limit the
ability of the board to initiate or authorize action in the exercise of its
reserved powers.
(2)
The president of
the university. The board shall annually elect a president of the university to
hold office at the discretion of the board. The president shall be the
executive head of the university and to the president is committed the general
supervision of its interests and the president may act with freedom within the
lines of university policy approved by the board. The president shall submit
such reports to the board as the board may request. The president shall
appoint, subject to the approval of the board, such personnel as are necessary
to carry out effectively and efficiently the mission and the operation of the
university.
(3)
The administrative officers of the university. With the
approval of the board, the president shall appoint the major administrative
officers of the university. The president shall also be responsible for
assuring responsible participatory roles for faculty, students and staff, as
appropriate, in the selection and review of major academic administrators. The
highest academic administrator shall be responsible for assuring similar roles
for permanent faculty and students in the selection and review of subordinate
officers in his or her line of responsibility. Such administrative officers
shall provide leadership for the university in accordance with their assigned
responsibilities and the exercise of authorities delegated to them by the
president and the board.
(4)
Policies of the university. The major functions of the
university shall be guided by rules, and regulations as defined and established
herein.
(a)
"University policies" are defined as policy statements,
rules and regulations governing instructional and educational programs,
university research, student life, administrative operations, finance, and
personnel management which have broad application for the entire campus
community. Such policies as directly affect the educational mission of the
university may be considered or reviewed at any time by the faculty senate and
require the approval of the appropriate chief administrative officer, the
president and the board.
(b)
The authority for formulating policies which do not
have broad application for the entire campus community may be delegated by the
board to the president and administrative officers of the university.
(i)
"Administrative
policies" are defined as rules and regulations governing internal operations in
concert with university policies. Such policies require the approval of the
appropriate chief administrative officer and/or the president.
(ii)
"Operational
procedures and regulations" are defined as necessary operational guidelines to
implement policies or programs of the university. Such operational procedures
and regulations may be established in concert with polices of the university by
the appropriate administrative officer of the university.
(c)
Policy
development. Policy recommendations may be initiated by the board, the
president, an administrative officer, any committee or council, the faculty
senate and its committees, or individual members of the university community,
its students, faculty, and staff through established procedures. The board
shall be the final authority in resolving conflicts or disputes in the
interpretation of university policies.
(d)
Policy review.
Each vice president of the university shall be responsible for presenting all
new policies or revisions of old policies which affect their divisions to the
appropriate subcommittee of the board of trustees. They shall:
(i)
In the case of a
university policy requiring board action, submit the policy as an action item
at the appropriate time prior to a board of trustees meeting;
(ii)
In the case of
administrative or operational policy, submit the policy for review by the
trustees no later than the first board meeting following the effective date of
the new policy or revision;
(iii)
Inform the
campus community who will be affected by the new policy or revision, that the
policy is subject to review by the board of trustees at its next scheduled
session; and
(iv)
No action taken by the university administration under
these sections will diminish the ultimate authority of the board to govern the
university.
(e)
Policy implementation. The university counsel office
shall be responsible for the administration of university policies and shall
facilitate their development. It shall:
(i)
Provide for a
standardized policy format;
(ii)
Maintain a
university register of policies and procedures and provide for the publication
and distribution of the same so as to be accessible to all members of the
university community;
(iii)
Provide for and facilitate effective and responsible
participation in policy formulation, implementation and review by appropriate
and affected constituencies of the university community;
(5)
University committees and councils. The president, with
the approval of the board, may establish various committees and councils
representing various constituencies to assist in the development of policies
for the governance of the university. At all times the role of any such body
shall be defined as that of recommending policy, serving in a consultative
and/or advisory capacity to the president or appropriate administrative
officer. Committee and council recommendations relating to academic standards
and policies, instruction, research, professional standards, or faculty
personnel policies shall be referred to the faculty or to its elected faculty
senate, as chartered by the board, prior to submission to the president for
action or for recommendation to the board, as appropriate. The establishment of
such committees and councils shall not be construed to limit the ability of the
board, the president, the faculty senate, or the administrative officers of the
university to initiate and review action in the accomplishment of their
assigned responsibilities.
(a)
"University committees" are defined as representative
bodies concerned with a specialized function of university life. Such
committees may be a committee of the faculty senate, a subcommittee of a
university council or report directly to an administrative officer or the
president.
(b)
"University councils" are defined as university-wide
bodies representing a constituency or constituencies of the university and
related to a major function of the university. Such councils shall report
through the appropriate administrative officer of the university. The
constitution, charter, bylaws and/or guidelines for such deliberative bodies
require the approval of the president and the board.
(c)
"University
commissions" are defined as ad hoc committees to accomplish a given or assigned
task within a defined period of time. Such commissions may be established by a
university council, within the limits of its assigned responsibilities, or by
the faculty senate, an administrative officer of the university, the president,
or the board.
(6)
Collegial, school and departmental organization. Each
college or school and its subordinate units and any other instructional unit
shall prepare guidelines for the management of its affairs. These guidelines
should be recommended by the faculty of the unit and approved by the chief
administrative officer of the subordinate unit, the appropriate collegial dean,
and the provost. Such guidelines shall be consistent with the policies and
procedures contained in the university register and may not limit the ability
of the board to initiate or authorize action in the exercise of its
powers.
(7)
Supersession.
(a)
The provisions of
paragraph (G) of this rule shall supersede all previous actions and, in the
event of conflict in existing policies or charters, the provisions of paragraph
(G) of this rule shall be the final arbiter in conflicts arising between the
provisions of paragraph (G) of this rule and any policies or charters of the
university.
(b)
Existing internal governance arrangements and
university policies are not contravened by this constitution where those
arrangements and policies are congruent with the above
provisions.
(H)
Bylaws of the
board of the university. The bylaws of the board are operative by
constitutional authority of said body.
(I)
Amendments to
constitution. This constitution may be altered, amended, or repealed at any
meeting of the board pursuant to the procedures set forth for the consideration
of business and section
111.15 of the Revised
Code.