Section 3337-4-03 - Ohio university's procedures to implement H.B. 1219(A) If any student, faculty member, staff member or employee of Ohio university is arrested and charged with an offense covered by division (D) of section 3345.23 of the Revised Code, the arresting authority, with the cooperation of the university officials, will notify the president of the university. (Division (B) of section 3345.22 of the Revised Code).(B) The president shall then notify the chancellor of the Ohio board of regents of the arrest and notify the appropriate civil service official if the employee arrested is a member of the classified civil service. section 3345.22 Division (e) of the Revised Code).(C) Each student, faculty member, staff member or employee arrested shall be afforded a hearing before a referee appointed by the board of regents in Athens county within five days of their arrest, subject to reasonable continuances for good cause of up to ten additional days, to determine whether the person arrested and charged shall be immediately suspended from Ohio university or be placed upon strict disciplinary probation. ( Division (A) of section 3345.22 () of the Revised Code) The university will initiate the following procedures to aid this determination: (1) Upon request of the board of regents or the referee, the university shall assist the referee in providing notice to the person arrested of his hearing before the referee. ( Division (B) section 3345.22 of the Revised Code)(2) Upon request by the board of regents or the referee, the university shall assist in locating adequate off-campus facilities for the hearing.(3) The university advocate shall have the responsibility of insuring the adversary nature of the hearing by performing a prosecutorial function, including requesting subpoenas be issued, presenting witnesses, introducing and presenting evidence, and recommending whether the person charged should be immediately suspended from the university or be placed upon strict disciplinary probation .( Division (D) of 3345.22 of the Revised Code)(D) The university shall have the following responsibilities after the hearing before the referee has been completed: (1) The office of university judiciaries shall provide written notice by certified mail to any student, faculty member, staff member or employee of Ohio university of his immediate suspension or strict disciplinary, probation status after his hearing before the referee; ( Division (E) of section 3345.22 of the Revised code.) and, if suspended, the order not to enter upon university property without express permission from the board of trustees or the president. ( Section 3345.25 of the Revised Code)(2) Upon official notice by the referee, disciplinary records shall be kept as to any student, faculty member, staff member or employee immediately suspended from Ohio university or placed upon strict disciplinary probation. When it is determined by a probation officer, the university security force, or the university administration, that evidence exists which, on hearing, would in all probability justify a finding that the individual on probation had violated the terms thereof, and the university advocate has been advised thereof and upon review concurs, then the university advocate will notify the president, who shall then notify the chancellor of the board of regents and request that a hearing be conducted to determine the question of probation violation. Division (E) of section 3345.22 of the Revised Code)(E) Upon completion of the trial the university shall have the following responsibilities: (1) Upon official notification to the university by the trial court, the office of university judiciaries shall keep disciplinary records as to any student, faculty member, staff member or employee dismissed for one year as a result of his conviction of one of the offenses covered in division (D) of section 3345.23 of the Revised Code. ( Division (B) of section 3345.23 of the Revised Code. The office of university judiciaries will also inform all other state assisted colleges and universities of persons dismissed from Ohio university. If any student, faculty member, staff member or employee applies to Ohio university for admission, re-admission, employment or re-employment after the one-year period of dismissal, the office of university judiciaries, after consultation with the admissions office or the appropriate university officials, shall inform the president of the application, and the president shall inform the board of trustees for their decision as to the acceptance of the application. ( Division (A) of section 3345.23 of the Revised Code.)(2) If a student, faculty member, staff member or employee of Ohio university is convicted of one of the offenses covered by division (D) of section 3345.23 of the Revised Code, the president shall notify him of his dismissal in writing by certified mail sent to his address as recorded on the university and court records. ( Division (B) of section 3345.23 of the Revised Code)(F) If a final judicial determination results in acquital, or if the immediate suspension or conviction is reversed upon appeal, the student, faculty member, staff member or employee shall be reinstated to Ohio university. The office of university judiciaries shall then expunge the person's disciplinary records relating to. immediate suspension, strict disciplinary probation or dismissal. ( Division (F) of section 3345.22 of and division (E) of section 3345.23 of the Revised Code)Ohio Admin. Code 3337-4-03
Effective: 3/14/2015
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 111.15
Prior Effective Dates: 3/16/1978