Ohio Administrative Code Title 3359 - University of Akron

Ohio Administrative Code Title 3359 — University of Akron

Overview

OAC Title 3359 contains the administrative rules and regulations governing the University of Akron, a public institution of higher education in Ohio. These rules cover various aspects of university governance, including academic affairs, student conduct, faculty appointments, administrative procedures, and university operations.

As a state university, the University of Akron’s administrative code is developed pursuant to the authority granted by the Ohio Revised Code and is designed to provide a framework that aligns university policies with state law while addressing the unique needs of the institution.

Purpose and Scope

To establish governance structures and operational procedures at the University of Akron.

To regulate academic standards, faculty and staff conduct, and student rights and responsibilities.

To ensure compliance with Ohio law regarding higher education administration.

To provide a clear process for university decision-making, grievance handling, and disciplinary actions.

Key Areas Covered in OAC Title 3359

1. Governance and Administrative Structure

Defines the roles and responsibilities of the Board of Trustees, university president, and administrative officers.

Procedures for university policy adoption and amendment.

Guidelines for administrative organization and delegation of authority.

2. Academic Policies

Rules governing admission requirements, academic programs, and degree conferral.

Standards for grading, academic standing, probation, and dismissal.

Procedures for curriculum development and approval.

3. Faculty Employment

Policies on faculty appointments, tenure, promotion, and termination.

Faculty responsibilities, rights, and evaluation.

Procedures for faculty grievance and appeals.

4. Student Conduct and Discipline

Code of student conduct detailing prohibited behaviors and disciplinary processes.

Procedures for student hearings, sanctions, and appeals.

Rights of students in disciplinary actions, including due process protections.

5. Complaints and Grievances

Processes for students, faculty, and staff to file complaints or grievances related to university policies or actions.

Timelines and procedural safeguards for addressing grievances.

6. Other Operational Rules

Campus facilities use and safety regulations.

Policies on financial management, procurement, and records retention.

Compliance with federal laws such as Title IX, ADA, and FERPA.

Statutory Authority

The University of Akron operates under Ohio Revised Code Chapter 3359, which authorizes the Board of Trustees to enact rules consistent with state laws.

The OAC Title 3359 implements these statutory provisions and provides detailed administrative guidance.

Relevant Case Law

Several Ohio and federal court decisions address issues related to university administrative codes like those found in Title 3359. These cases often focus on due process, academic freedom, and student rights within public universities.

A. Board of Trustees of University of Akron v. State Employment Relations Board, 32 Ohio St.3d 51 (1987)

Issue: Whether university employees have collective bargaining rights under state law.

Holding: The Ohio Supreme Court held that employees of the University of Akron are public employees subject to state collective bargaining laws.

Significance: Affirms that the university’s administrative policies must be consistent with state labor law provisions.

B. Goss v. Lopez, 419 U.S. 565 (1975)

Issue: Due process rights of students facing suspension.

Holding: The U.S. Supreme Court ruled that students must be afforded due process (notice and hearing) before being suspended from public schools, including public universities.

Significance: Underpins student disciplinary procedures in OAC Title 3359, ensuring due process protections.

C. Dixon v. Alabama State Board of Education, 294 F.2d 150 (5th Cir. 1961)

Issue: Due process in university disciplinary actions.

Holding: The court established that public universities must provide students with notice and an opportunity to be heard before disciplinary dismissal.

Significance: Influenced university disciplinary rules requiring fair procedures as reflected in Title 3359.

D. Keyishian v. Board of Regents, 385 U.S. 589 (1967)

Issue: Academic freedom of faculty members.

Holding: The Supreme Court emphasized that academic freedom is a protected liberty under the First Amendment for public university faculty.

Significance: Impacts faculty employment policies, tenure protections, and freedom of speech provisions in OAC Title 3359.

E. University of Akron Faculty Senate v. Board of Trustees, 2010 Ohio Misc. LEXIS 532

Issue: Faculty governance and the scope of Board authority.

Holding: The court recognized the Board of Trustees’ broad authority but acknowledged faculty input is integral to shared governance.

Significance: Supports the administrative code’s balance between Board authority and faculty participation.

Legal Principles from OAC Title 3359 and Case Law

Due Process for Students: Students must receive fair notice and opportunity to contest disciplinary actions.

Faculty Rights: Tenure, academic freedom, and grievance procedures protect faculty employment and expression.

Shared Governance: While the Board of Trustees holds ultimate authority, meaningful faculty and student involvement in governance is essential.

Compliance with State and Federal Laws: University rules must align with laws on labor relations, discrimination, privacy, and accessibility.

Transparency and Accountability: Administrative procedures must be clear and consistently applied.

Practical Example

A University of Akron student accused of violating the student code of conduct must be notified of the charges and given a hearing according to the procedures outlined in OAC 3359. The student can appeal disciplinary decisions, and the university must respect the student's due process rights. Similarly, a faculty member seeking tenure must undergo an evaluation process consistent with policies established under Title 3359, and if denied, can file a grievance following university procedures.

Summary

OAC Title 3359 establishes the administrative framework for the University of Akron’s governance, covering academic policies, student discipline, faculty employment, and operational rules. Ohio courts have affirmed the importance of due process, academic freedom, and balanced governance in university settings. These rules ensure the institution functions lawfully, fairly, and effectively within the scope of public higher education.

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