Ohio Administrative Code › Title 3344 - Cleveland State University › Chapter 3344-11 - Appointment of Leadership › Section 3344-11-16 - Attachment D to Chapter 3344-11 of the Administrative Code

Current through all regulations passed and filed through July 1, 2024
(A) All faculty
			 should be aware of the laws of the state of Ohio governing their conduct as it
			 relates to their employment status. Sections
			 3345.22
			 and
			 3345.23
			 of the Revised Code state:
(B)
			 Section
			 3345.22
			 of the Revised Code. College student or staff member arrested for certain
			 offenses to be afforded a hearing, suspension, or appeal.
(1) A student, faculty or staff member, or
			 employee of a college or university that receives any state funds in support,
			 thereof, arrested for any offense covered by division (D) of section
			 3345.23
			 of the Revised Code shall be afforded a hearing, as provided in this rule, to
			 determine whether the person shall be immediately suspended from such college
			 or university. Such hearing shall be held within not more than five days after
			 the person's arrest, subject to reasonable continuances for good cause shown,
			 which continuances shall not exceed a total of ten days.
(2) The arresting authority shall immediately
			 notify the president of the college or university of the arrest of a student,
			 faculty or staff member, or employee of such college or university for any
			 offense covered by division (D) of section
			 3345.23
			 of the Revised Code. The hearing to determine whether the person shall be
			 immediately suspended shall be held in the county where the college or
			 university is located, before a referee appointed by the board of regents. Such
			 referee shall be an attorney admitted to the practice of law in Ohio, but shall
			 not be attorney for, or a faculty or staff member or employee of, any college
			 or university. Immediate notice of time and place of such hearing shall be
			 given or sent to such person.
(3)
			 The referee may administer oaths, issue subpoenas to compel the attendance of
			 witnesses and the production of evidence, and enforce such subpoenas, as well
			 as preserve the other and decorum of the proceedings, by means of contempt
			 proceedings in the court of common pleas as provide by law.
(4) The hearing shall be adversary in nature
			 and shall be conducted fairly and impartially, but the formalities of the
			 criminal process are not required. A person whose suspension is being
			 considered has the right to be represented by counsel, but counsel need not be
			 furnished for the person. Such person also has the right to cross-examine
			 witnesses against the person, to testify, and to present the testimony of
			 witnesses and other evidence in the person's behalf. In the absence of a waiver
			 of the right against compulsory self-incrimination, the testimony of a person
			 whose suspension is being considered, given at such hearing, shall not
			 subsequently be used in any criminal proceeding against the person. The referee
			 may require the separation of witnesses, and may bar from the proceedings any
			 person whose presence is not essential to such proceedings, except that members
			 of the news media shall not be barred from such proceedings.
(5) Upon hearing, if the referee finds by a
			 preponderance of the evidence that the person whose suspension is being
			 considered committed any offense covered by division (D) of section
			 3345.23
			 of the Revised Code, the referee shall order the person suspended, except that
			 when the good order and discipline of a college or university will not be
			 prejudiced or compromised, thereby, the referee may permit the person to return
			 to the college or university on terms of strict disciplinary probation.
			 Subsequent violation of the terms of the probation automatically effects a
			 suspension. A person suspended under this rule may be readmitted pursuant to
			 division (A) of section
			 3345.23
			 of the Revised Code. A suspension under this rule is in effect until the person
			 is acquitted or convicted of the crime for which the person was arrested. If
			 convicted, the person is dismissed pursuant to section
			 3345.23
			 of the Revised Code.
(6) Upon
			 acquittal, or upon any final judicial determination not resulting in conviction
			 of the charges for which a person is suspended pursuant to this rule, such
			 suspension automatically terminates, and the person suspended shall be
			 reinstated and the record of the suspension expunged from the college or
			 university record.
(7) An order of
			 a referee pursuant to this rule may be appealed on questions of law and fact to
			 the court of common pleas of the county in which the college or university is
			 located, within twenty days after the date of the order. If the court to which
			 such appeal is taken determines that the good order and discipline of a college
			 or university shall not be prejudiced, thereby, it may permit the person
			 suspended to return to the college or university on terms of strict
			 disciplinary probation.
(8) A
			 person afforded a hearing pursuant to this rule who does not appear at the
			 hearing shall be declared suspended by the hearing office, (1970 H 1219,
			 effective 9/16/1970.)