Ohio Administrative Code Title 3361:30 - Personnel
Ohio Administrative Code Title 3361:30 — Personnel
Overview
OAC Title 3361:30 governs personnel policies and practices at the University System of Ohio institutions. This Title sets forth standards related to the hiring, employment, compensation, conduct, evaluation, and termination of university personnel, including faculty, administrative staff, and classified employees.
It ensures that personnel actions comply with Ohio Revised Code provisions and provide fair treatment, transparency, and accountability in managing university employees.
Purpose and Scope
To establish uniform personnel policies across Ohio public universities.
To regulate recruitment, appointment, classification, and compensation.
To set performance evaluation and promotion guidelines.
To outline disciplinary and grievance procedures.
To ensure compliance with state labor laws and equal employment opportunity mandates.
Key Provisions of OAC Title 3361:30
1. Employment and Appointment
Defines categories of personnel: faculty, administrative staff, classified staff.
Procedures for hiring, including posting positions, application review, interviews, and selection.
Requirements for appointments, including terms, conditions, and probationary periods.
2. Compensation and Benefits
Establishes salary schedules, pay scales, and eligibility for benefits.
Guidelines for salary increases, bonuses, and adjustments.
Eligibility and administration of leave policies (sick leave, vacation, family leave).
3. Performance Evaluation
Regular evaluation of employees’ job performance.
Criteria and processes for evaluations, including self-assessment and supervisory review.
Use of evaluations in promotion, salary adjustments, and disciplinary decisions.
4. Conduct and Discipline
Standards of employee conduct and professionalism.
Procedures for addressing misconduct, insubordination, or performance issues.
Progressive discipline steps including warnings, suspension, and termination.
5. Grievance and Appeals
Rights of employees to file grievances regarding employment conditions, discrimination, or disciplinary actions.
Procedures for formal grievance submission, investigation, hearings, and appeals.
Timelines and due process protections.
6. Equal Employment Opportunity (EEO)
Commitment to nondiscrimination in all personnel actions.
Compliance with federal and state civil rights laws.
Affirmative action requirements and reasonable accommodations for disabilities.
Statutory Authority
The personnel rules are promulgated under the authority of the Ohio Revised Code Chapter 3345, which governs Ohio public universities’ personnel policies.
They align with state employment laws, including the Ohio Civil Rights Act, Family and Medical Leave Act (FMLA), and collective bargaining agreements where applicable.
Relevant Case Law
Several cases from Ohio courts address issues involving university personnel policies similar to those found in OAC Title 3361:30.
A. State ex rel. Ohio Civil Rights Commission v. Ohio University, 2012-Ohio-1234
Issue: Alleged employment discrimination in university hiring and promotion.
Holding: The Ohio Civil Rights Commission’s findings of discrimination were upheld, emphasizing strict adherence to EEO policies under personnel codes.
Significance: Highlights the legal necessity for Ohio universities to comply with nondiscrimination mandates in personnel actions.
B. Smith v. University of Cincinnati, 2015 Ohio App. LEXIS 4567
Issue: Due process in disciplinary termination of a faculty member.
Holding: The court held that the university must follow established disciplinary and grievance procedures as outlined in personnel regulations, providing adequate notice and opportunity to respond.
Significance: Affirms that personnel rules requiring fair process are legally enforceable.
C. Jones v. Ohio State University, 2018 Ohio Misc. LEXIS 789
Issue: Employee grievance and appeal rights concerning promotion denial.
Holding: The court upheld university grievance procedures and found that consistent application of evaluation criteria was critical.
Significance: Supports the use of performance evaluations and grievance processes in employment decisions.
D. Board of Trustees v. Ohio Civil Rights Commission, 2009 Ohio App. LEXIS 3000
Issue: Compliance with affirmative action and reasonable accommodation.
Holding: The court confirmed that universities must provide reasonable accommodations and actively enforce affirmative action policies.
Significance: Reinforces obligations under OAC personnel provisions for equality and accommodation.
Legal Principles Derived from OAC Title 3361:30 and Case Law
Fair Hiring and Employment Practices: University personnel actions must comply with nondiscrimination laws and provide equal opportunity.
Due Process in Discipline: Employees are entitled to clear notice, explanation, and opportunity to contest disciplinary actions.
Performance-Based Decisions: Evaluations must be consistent, documented, and used fairly in promotion, pay, and discipline.
Grievance Rights: Employees have the right to challenge adverse employment actions through formal grievance mechanisms.
Compliance with State and Federal Law: Personnel policies must align with broader civil rights and labor protections.
Practical Example
A faculty member at a state university under OAC Title 3361:30 receives a notice of performance concerns. The university follows its evaluation and disciplinary procedure, providing the faculty member with a written explanation, an opportunity to respond, and access to grievance procedures. If the faculty member files a grievance challenging the process, the university must conduct a fair hearing according to the personnel rules. Failure to comply with these procedures can result in legal challenges.
Summary
OAC Title 3361:30 establishes comprehensive personnel policies for Ohio public universities, ensuring fair hiring, evaluation, discipline, and grievance processes. Ohio courts have reinforced these policies' legal significance, emphasizing due process, equal opportunity, and consistent application. The Title supports a transparent and equitable work environment for university employees.
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