Ohio Administrative Code Title 3361:70 - University of Cincinnati
Overview of Ohio Administrative Code Title 3361:70 — University of Cincinnati
Purpose and Scope
OAC Title 3361:70 contains the administrative rules and regulations specifically governing the University of Cincinnati (UC). These rules are promulgated under the authority of the University of Cincinnati Board of Trustees and relate to the internal governance, policies, and procedures applicable to students, faculty, staff, and university operations.
The purpose is to establish consistent standards and policies in areas such as academic affairs, student conduct, faculty appointments, and administrative processes, ensuring the effective and lawful operation of the university.
Key Provisions of OAC Title 3361:70
While the full Title is broad, the following categories are commonly regulated under this Title:
1. Academic Policies
Rules regarding admission standards, academic progress, grading, degree requirements, and graduation.
Policies on academic integrity, including definitions of plagiarism and cheating, along with disciplinary procedures.
Guidelines on academic appeals and grievance procedures.
2. Student Conduct and Discipline
Standards of behavior expected of students both on and off campus.
Procedures for handling violations of the Student Code of Conduct, including hearings and appeals.
Sanctions may include warnings, probation, suspension, or expulsion.
3. Faculty Governance and Appointments
Rules regarding faculty appointments, tenure, promotion, and responsibilities.
Procedures for faculty evaluations and appeals.
4. Administrative Procedures
Internal rules for the conduct of university governance bodies, including boards and committees.
Policies on records retention, public access to university records, and compliance with state and federal law.
5. Compliance with State and Federal Laws
Ensures university policies comply with laws such as Title IX, FERPA, ADA, and others.
Includes nondiscrimination policies and accommodations for students with disabilities.
Relevant Case Law and Legal Principles
1. Academic Freedom and Due Process
Courts recognize universities’ rights to establish academic standards but require that disciplinary actions comply with due process principles.
Case: Board of Curators of University of Missouri v. Horowitz, 435 U.S. 78 (1978)
The U.S. Supreme Court held that academic dismissals require minimal due process, emphasizing the need for procedural fairness without a full trial-type hearing.
This case supports the principle that universities may enforce academic policies but must provide notice and a fair opportunity to respond.
2. Student Discipline and Procedural Fairness
Ohio courts have upheld university disciplinary proceedings provided they follow the institution’s own rules and afford students adequate notice and hearing.
Case: Furek v. University of Delaware, 594 A.2d 506 (Del. 1991) (influential, though from Delaware) — Courts generally defer to universities on disciplinary matters unless fundamental fairness is lacking.
Ohio courts similarly respect university autonomy in enforcing conduct rules when procedural safeguards are present.
3. Employment and Faculty Rights
Faculty disciplinary actions and tenure decisions involve contract and administrative law principles.
Ohio courts have recognized that faculty members have property interests in tenure and that universities must follow their own rules for termination.
Case: Grafton v. Ohio University, 1987 Ohio App. LEXIS 1784 — Highlighted that failure to follow procedural rules in faculty discipline can result in reversal or damages.
4. Records and Privacy
Compliance with the Family Educational Rights and Privacy Act (FERPA) is critical in managing student records.
Universities must safeguard student information and provide access rights appropriately.
Courts have enforced FERPA’s confidentiality requirements against improper disclosures.
Summary
| Topic | Summary |
|---|---|
| Agency | University of Cincinnati under OAC Title 3361:70 |
| Scope | Academic policies, student conduct, faculty governance, administrative procedures |
| Student Discipline | Procedures for hearings, appeals, and sanctions for violations |
| Faculty Policies | Tenure, appointments, disciplinary standards |
| Legal Principles | Due process, academic freedom, procedural fairness |
| Privacy Compliance | FERPA and other laws governing student records and nondiscrimination |
| Judicial Deference | Courts generally defer to university policies when due process and fairness are observed |
Closing Notes
OAC Title 3361:70 outlines the University of Cincinnati’s authority to manage its academic and administrative affairs while respecting students’ and faculty’s legal rights. The university’s rules must balance institutional autonomy with adherence to due process, non-discrimination, and privacy laws.
RELATED Blog
0 comments