Current through all regulations passed and filed through March 18, 2024
(A)
The employment of
a professional staff member may be terminated by resignation, retirement,
removal during introductory period, termination of appointment, layoff, or
dismissal.
(1)
Resignation. Professional staff members have an obligation
to provide the university a written notice of intent to resign. Notice should
be given to the immediate supervisor and forwarded to the appropriate
administrative officer at least thirty days, or less if mutually agreed upon by
the supervisor and the staff member, before termination of
service.
(2)
Retirement. A professional staff member planning to
retire should give written notice of intent to their immediate supervisor at
the earliest date possible, but not less than thirty days before termination of
service.
(B)
Termination of appointment.
(1)
Requests for
termination of an appointment during an introductory period, accompanied by
appropriate documentation, must be approved by the human resources department
and the vice president responsible for that division, and may be implemented
without prior notice after the approval is received.
(2)
Recommendations
to terminate all other appointments are to be made to the president or
president's designee and shall be accompanied by documentation from the
appropriate administrative officers.
(3)
If the president
or the president's designee concurs with the recommendation(s), the president,
or designee, shall direct that a notice of the termination of appointment be
sent by regular and certified mail to the professional staff member's home
address which is on file with the university. Such notice shall be deposited in
the mail no later than the number of days prior to the termination of the
professional staff member's appointment as described in the table set forth in
paragraph (B)(5) of this rule. It is the professional staff member's
responsibility to regularly update the university with address change
information.
(4)
The professional staff member in the second year or
more of professional service at the university is entitled to be apprised of
the reasons for termination of appointment in writing and may request a review
of the decision through the complaint resolution procedure, as provided in rule
3344-61-08
of the Administrative Code.
(5)
Termination
notice.
The amount of notice received will be
based upon continuous years of university service since the last date of
hire.
Post introductory period to
three years
|
Four weeks
|
Four to six years
|
Six weeks
|
Seven to ten years
|
Eight weeks
|
Eleven to fourteen
years
|
Ten weeks
|
Fifteen or more
years
|
Twelve weeks
|
(C)
Exceptions. The
provisions of this section are not afforded to the categories of personnel
listed below. Those employees may be terminated with legal reason, at any time
and without reference to the notice periods set forth in paragraph (B)(5) of
this rule:
(1)
Staff members serving an introductory
period;
(2)
Staff members hired into funds-available positions;
and
(3)
Staff members hired into temporary
positions.
(D)
Layoff.
Termination of professional staff
members prior to, during, or at the end of an appointment period may occur
because of a financial emergency or because of reorganization or position
elimination. Such a termination of appointment shall be designated a
layoff.
(1)
Layoff due to financial emergency. Layoff of a
professional staff member may occur, when deemed necessary by the president or
designee, due to a financial emergency as declared by the board of trustees.
Upon occurrence of the layoff, the individual's termination document shall
designate that the layoff was due to financial emergency.
(2)
Layoff due to
reorganization or position elimination. Layoff of professional staff members at
the university may occur when reorganization is deemed necessary due to a
budget or program decision requiring program discontinuance, curtailment, or
redirection. Position elimination occurs due to budgetary constraints or when,
in the university's discretion, the position is no longer required. Such
positions may not be backfilled.
(3)
Reorganization or
position elimination must be reviewed by the department of human resources and
approved by the president or designee. Upon occurrence of the layoff, the staff
member's termination document shall designate the reason of either
reorganization or position elimination.
(4)
Professional
staff member laid off due to financial emergency or reorganization shall be
accorded the following rights and privileges:
(a)
The unit head
must provide documentation to justify the layoff of the professional staff
member(s) under this section. Such documentation must be forwarded to the
appropriate vice president or the provost for approval to proceed, and a copy
must be sent to the attention of the assistant vice president of human
resources. If the release is initiated at the vice president or the provost
level, all appropriate documents shall be forwarded to the president or
designee for approval to proceed. The staff shall be notified in writing of the
decision to effectuate the release. Such notice will be
provided.
(b)
Staff members who are laid off pursuant to this section
may review the listing of all current university job openings to attempt to
secure alternative appointments within the university. Affected staff members
must meet the qualifications of the open positions for which they
apply.
(c)
If, within a period of eighteen months from the date of
the layoff of a professional staff member, the president or designee,
determines that the professional staff member's position should be reopened,
within the same department, title and grade, then re-appointment shall first be
offered to the laid off staff member. The offer shall be sent to the last known
mailing address of the staff member, who shall have a reasonable time, not to
exceed fifteen days from the date that the letter is mailed, within which to
accept or decline the offer of re-appointment.
(d)
The staff member
being laid off shall be entitled to a hearing in accordance with the procedures
provided in rule
3344-61-08
of the Administrative Code, complaint resolution procedures, if the staff
member requests such a hearing. Such a hearing may occur subsequent to
layoff.
(E)
Dismissal.
Professional staff may be dismissed for performance or conduct deficiencies,
including, but not limited to the following:
(1)
Unsatisfactory
performance;
(2)
Neglect of assigned duties and
responsibilities;
(3)
Violation of recognized standards of professional
conduct or performance;
(4)
Personal conduct that impedes the individual's proper
fulfillment of assigned duties and responsibilities;
(5)
Personal conduct
that violates state or federal law including, but not limited to:
(a)
The use of
illegal substances or abuse of prescribed medications.
(b)
Possession of
illegal substances, the illegal possession of drugs and medication for the
purpose of the sale of those substances or drugs.
(c)
Sexual, ethnic,
racial, or religious harassment, or any other harassment prohibited by
law.
(d)
Personal conduct that interferes with the operations of
the university;
(e)
Conviction of a crime as defined in Section
2901.01 of the Revised Code, or
a substantially equivalent offense under a municipal ordinance, which is
committed on or affects persons or property of the university.
(f)
Conviction of an
infraction or crime which affects persons or property on the university campus,
or any other infraction or crime that adversely affects performance of job
duties and responsibilities.
(g)
Concealing,
falsifying, altering or removing university records, including electronic data
records.
(h)
Viewing, recording, copying, or otherwise using
university records for which the individual does not have a business purpose to
do so.
(i)
Producing fraudulent or falsified
credentials.
(6)
After consultation with the department of human
resources, recommendations for dismissal shall be sent by the unit head to the
appropriate vice president or the provost, along with the appropriate
documentation. Such recommendation shall be forwarded to the president for
approval to proceed.
(7)
If the dismissal is initiated at the vice president or
the provost level, after consultation with the assistant vice president of
human resources, all appropriate documents shall be forwarded to the president
or designee for approval to proceed.
(F)
Procedures for
initiation and notification of dismissal of professional staff members.
If the recommendation to dismiss a
professional staff member is accepted, written notification of dismissal must
be sent by the president, or designee, to the professional staff member by
certified and regular mail. Such notice shall indicate a date of discharge, not
less than ten working days from the date of mailing. Professional staff members
who are dismissed for cause are not entitled to the notice provisions of
paragraph (B)(5) of this rule.
(1)
The professional
staff member may request a timely pre-dismissal hearing by providing written
notification to the department of human resources. Such hearing shall be
convened by the department of human resources and held within the ten day
period. The hearing shall be held pursuant to the complaint resolution
procedure set forth in paragraphs (G)(2)(c) and (G)(2)(d) of rule
3344-61-08
of the Administrative Code. In any disciplinary matter where the charge is
sexual discrimination or harassment of a student, or a claim of sexual violence
that occurs on or near campus, the complainant will receive notice of hearings
and meetings and outcomes at the same time as the employee receives such
notices, and the complainant may attend hearings and meetings with one support
person.
(2)
If dismissal is effectuated, the dismissal shall be
effective as specified on the notice of dismissal.
(3)
The staff member
may request an appeal of the action within ten working days from the date of
dismissal.
(4)
Information pertaining to professional staff members
arrested for certain offenses can be found in rule
3344-61-16 of the
Administrative Code.
Replaces: 3344-61-04