As Introduced
136th General Assembly
Regular Session S. B. No. 1
2025-2026
Senator Cirino
Cosponsors: Senators Brenner, Chavez, Cutrona, Johnson, Koehler, Lang,
Manchester, O'Brien, Reineke, Roegner, Romanchuk, Schaffer, Wilkin
A B I LL
To amend sections 3335.02, 3335.09, 3337.01,
3339.01, 3341.02, 3343.02, 3344.01, 3345.45,
3350.10, 3352.01, 3356.01, 3359.01, 3361.01,
3362.01, 3364.01, 4117.14, and 4117.15; to enact
new section 3333.045 and sections 3345.029,
3345.0216, 3345.0217, 3345.0218, 3345.0219,
3345.382, 3345.451, 3345.452, 3345.453,
3345.454, 3345.455, 3345.456, 3345.591, 3345.80,
and 3345.88; and to repeal section 3333.045 of
the Revised Code to enact the Advance Ohio
Higher Education Act regarding the operation of
state institutions of higher education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3335.02, 3335.09, 3337.01,
3339.01, 3341.02, 3343.02, 3344.01, 3345.45, 3350.10, 3352.01,
3356.01, 3359.01, 3361.01, 3362.01, 3364.01, 4117.14, and
4117.15 be amended and new section 3333.045 and sections
3345.029, 3345.0216, 3345.0217, 3345.0218, 3345.0219, 3345.382,
3345.451, 3345.452, 3345.453, 3345.454, 3345.455, 3345.456,
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3345.591, 3345.80, and 3345.88 of the Revised Code be enacted to
read as follows:
Sec. 3333.045. As used in this section, "state institution
of higher education" has the same meaning as in section 3345.011
of the Revised Code.
The chancellor of higher education, in consultation with
state institutions of higher education and members of their
boards of trustees, shall develop and annually deliver
educational programs for members of a board of trustees of each
state institution. The chancellor may deliver the programs
virtually and may offer the programs periodically throughout
each year. New members of a board of trustees shall participate
in the programs at least once in their first two years in
office. Current members of a board of trustees shall participate
in continuing trustee training at levels to be determined by the
chancellor.
The educational programs shall be designed to address the
role, duties, and responsibilities of a member of a board of
trustees and may include in-service programs on current issues
in higher education. In developing the educational programs, the
chancellor may consider similar programs offered in other states
or through a recognized trustee group.
The educational programs shall include presentations and
content related to all of the following:
(A) Each board member's duty to the state of Ohio;
(B) The committee structure and function of a board of
trustees;
(C) The duties of the executive committee of a board of
trustees;
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(D) Professional accounting and reporting standards;
(E) Methods for meeting the statutory, regulatory, and
fiduciary obligations of a board of trustees;
(F) The requirements of the public records law;
(G) Institutional ethics and conflicts of interest;
(H) Creating and implementing institution-wide rules and
regulations;
(I) Business operations, administration, budgeting,
financing, financial reporting, and financial reserves,
including a segment on endowment management;
(J) Fixing student general and instructional fees, and
other necessary charges, including a review of student debt
trends;
(K) Overseeing planning, construction, maintenance,
expansion, and renovation projects that impact the state
institution's consolidated infrastructure, physical facilities,
and natural environment, including its lands, improvements, and
capital equipment;
(L) Workforce planning, strategy, and investment;
(M) Institutional advancement, including philanthropic
giving, fundraising initiatives, alumni programming,
communications and media, government and public relations, and
community affairs;
(N) Student welfare issues, including academic studies,
curriculum, residence life, student governance and activities,
and the general physical and psychological well-being of
undergraduate and graduate students;
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(O) Current national and state issues in higher education;
(P) Future national and state issues in higher education;
(Q) State and federal anti-discrimination laws and a state
institution's obligations under sections 3345.0217, 3345.0218,
and 3345.88 of the Revised Code.
Sec. 3335.02. (A) The government of the Ohio state
university shall be vested in a board of fourteen trustees in
2005, and seventeen trustees beginning in 2006, who shall be
appointed by the governor, with the advice and consent of the
senate. Two of the seventeen trustees shall be students at the
Ohio state university, and their selection and terms shall be in
accordance with division (B) of this section. Except
(1) For trustees appointed prior to July 1, 2025, except
as provided in division (D)(C) of this section and except for
the terms of student members, terms of office shall be for nine
years, commencing on the fourteenth day of May and ending on the
thirteenth day of May.
(2) For trustees appointed on or after July 1, 2025,
except for the terms of student members, terms of office shall
be for six years, commencing on the fourteenth day of May and
ending on the thirteenth day of May.
Each trustee shall hold office from the date of
appointment until the end of the term for which the trustee was
appointed. Any trustee appointed to fill a vacancy occurring
prior to the expiration of the term for which the trustee's
predecessor was appointed shall hold office for the remainder of
such term. Any trustee shall continue in office subsequent to
the expiration date of the trustee's term until the trustee's
successor takes office, or until a period of sixty days has
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elapsed, whichever occurs first. No person who has served a full
nine-year term or more than six years of such a term shall be
eligible for reappointment until a period of four years has
elapsed since the last day of the term for which the person
previously served. The trustees shall not receive compensation
for their services, but shall be paid their reasonable necessary
expenses while engaged in the discharge of their official
duties.
(B) The student members of the board of trustees of the
Ohio state university shall be students at the Ohio state
university. Unless student members have been granted voting
power under division (C) of this section, they Student members
shall have no voting power on the board, shall not be considered
as members of the board in determining whether a quorum is
present, and shall not be entitled to attend executive sessions
of the board. The student members of the board shall be
appointed by the governor, with the advice and consent of the
senate, from a group of five candidates selected pursuant to a
procedure adopted by the university's student governments and
approved by the university's board of trustees. The initial term
of office of one of the student members shall commence on May
14, 1988, and shall expire on May 13, 1989, and the initial term
of office of the other student member shall commence on May 14,
1988, and expire on May 13, 1990. Thereafter, terms of office of
student members shall be for two years, each term ending on the
same day of the same month of the year as the term it succeeds.
In the event a student member cannot fulfill a two-year term, a
replacement shall be selected to fill the unexpired term in the
same manner used to make the original selection.
(C) Not later than ninety days after the effective date of
this amendment, the board of trustees shall adopt a resolution
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that does one of the following:
(1) Grants the student members of the board voting power
on the board. If so granted, in addition to having voting power,
the student members shall be considered as members of the board
in determining whether a quorum is present and shall be entitled
to attend executive sessions of the board.
(2) Declares that student members do not have voting power
on the board.
Thereafter, the board may change the voting status of
student trustees by adopting a subsequent resolution. Each
resolution adopted under this division shall take effect on the
fourteenth day of May following the adoption of the resolution.
All members with voting power at the time of the adoption of a
resolution may vote on the resolution.
If student members are granted voting power under this
division, no student shall be disqualified from membership on
the board of trustees because the student receives a
scholarship, grant, loan, or any other financial assistance
payable out of the state treasury or a university fund, or
because the student is employed by the university in a position
pursuant to a work-study program or other student employment,
including as a graduate teaching assistant, graduate
administrative assistant, or graduate research assistant, the
compensation for which is payable out of the state treasury or a
university fund.
Acceptance of such financial assistance or employment by a
student trustee shall not be considered a violation of Chapter
102. or section 2921.42 or 2921.43 of the Revised Code.
(D)(1)(C)(1) The initial terms of office for the three
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additional trustees appointed in 2005 shall commence on a date
in 2005 that is selected by the governor with one term of office
expiring on May 13, 2009, one term of office expiring on May 13,
2010, and one term of office expiring on May 13, 2011, as
designated by the governor upon appointment. Thereafter terms of
office for trustees appointed prior to July 1, 2025, shall be
for nine years, as provided in division (A) (A)(1) of this
section. Terms of office for trustees appointed on or after July
1, 2025, shall be for six years, as provided in division (A)(2)
of this section.
(2) The initial terms of office for the three additional
trustees appointed in 2006 shall commence on May 14, 2006, with
one term of office expiring on May 13, 2012, one term of office
expiring on May 13, 2013, and one term of office expiring on May
13, 2014, as designated by the governor upon appointment.
Thereafter terms of office for trustees appointed prior to July
1, 2025, shall be for nine years, as provided in division (A)
(A)(1) of this section. Terms of office for trustees appointed
on or after July 1, 2025, shall be for six years, as provided in
division (A)(2) of this section.
Sec. 3335.09. The board of trustees of the Ohio state
university shall elect, fix the compensation of, and remove, the
president and such number of professors, teachers, and other
employees as are necessary. Except as provided under division
(C) of section 3335.02 of the Revised Code, no No trustee, or
relative of a trustee by blood or marriage, shall be eligible to
a professorship or position in the university, the compensation
for which is payable out of the state treasury or a university
fund. The board shall fix and regulate the course of instruction
and prescribe the extent and character of experiments to be made
at the university.
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Sec. 3337.01. (A) The body politic and corporate by the
name and style of "The President and Trustees of the Ohio
University" now in the university instituted and established in
Athens by the name and style of "The Ohio University" shall
consist of a board of trustees composed of eleven members, who
shall be appointed by the governor, with the advice and consent
of the senate. At least five of the trustees who are not
students shall be graduates of Ohio university. Two of the
trustees shall be students at Ohio university, and their
selection and terms shall be in accordance with division (B) of
this section. A majority of the board constitutes a quorum.
Except For trustees appointed prior to July 1, 2025, except for
the terms of student members, terms of office shall be for nine
years, commencing on the fourteenth day of May and ending on the
thirteenth day of May, except that upon expiration of the term
ending on May 14, 1978, the new term which succeeds it shall
commence on May 15, 1978 , and end on May 13, 1987. For trustees
appointed on or after July 1, 2025, except for the terms of
student members, terms of office shall be for six years,
commencing on the fourteenth day of May and ending on the
thirteenth day of May. Each member shall hold office from the
date of appointment until the end of the term for which the
member was appointed. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of such term. Any member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. No person who has served a
full nine-year term or more than six years of such a term shall
be eligible for reappointment until a period of four years has
elapsed since the last day of the term for which the person
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previously served. Such trustees shall receive no compensation
for their services, but shall be paid their actual and necessary
expenses while engaged in the discharge of their official
duties.
(B) The student members of the board of trustees of the
Ohio university have no voting power on the board. Student
members shall not be considered as members of the board in
determining whether a quorum is present. Student members shall
not be entitled to attend executive sessions of the board. The
student members of the board shall be appointed by the governor,
with the advice and consent of the senate, from a group of five
candidates selected pursuant to a procedure adopted by the
university's student governments and approved by the
university's board of trustees. The initial term of office of
one of the student members shall commence on May 14, 1988 , and
shall expire on May 13, 1989, and the initial term of office of
the other student member shall commence on May 14, 1988 , and
expire on May 13, 1990. Thereafter, terms of office of student
members shall be for two years, each term ending on the same day
of the same month of the year as the term it succeeds. In the
event that a student member cannot fulfill the student member's
two-year term, a replacement shall be selected to fill the
unexpired term in the same manner used to make the original
selection.
Sec. 3339.01. (A) The government of Miami university shall
be vested in eleven trustees, who shall be appointed by the
governor with the advice and consent of the senate. Two of the
trustees shall be students at Miami university, and their
selection and terms shall be in accordance with division (B) of
this section. A majority of the board constitutes a quorum.
Except For trustees appointed prior to July 1, 2025, except for
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the terms of student members, terms of office shall be for nine
years, commencing on the first day of March and ending on the
last day of February, except that upon expiration of the trustee
term ending on March 1, 1974, the trustee term which succeeds it
shall commence on March 2, 1974 , and end on February 28, 1983;
upon expiration of the trustee term ending on March 1, 1977, the
trustee term which succeeds it shall commence on March 2, 1977 ,
and end on February 28, 1986; upon expiration of the trustee
term ending on March 1, 1978, the trustee term which succeeds it
shall commence on March 2, 1978 , and end on February 28, 1987;
and upon expiration of the trustee term ending on March 1, 1979,
the trustee term which succeeds it shall commence on March 2,
1979, and end on February 29, 1988. For trustees appointed on or
after July 1, 2025, except for the terms of student members,
terms of office shall be for six years, commencing on the first
day of March and ending on the last day of February. Each
trustee shall hold office from the date of appointment until the
end of the term for which the trustee was appointed. Any trustee
appointed to fill a vacancy occurring prior to the end of the
term for which the trustee's predecessor was appointed shall
hold office for the remainder of such term. Any trustee shall
continue in office subsequent to the expiration date of the
trustee's term until a successor takes office, or until a period
of sixty days has elapsed, whichever occurs first. No person who
has served a full nine-year term or more than six years of such
a term shall be eligible for reappointment until a period of
four years has elapsed since the last day of the term for which
the person previously served. The trustees shall receive no
compensation for their services but shall be paid their
reasonable necessary expenses while engaged in the discharge of
their official duties.
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(B) The student members of the board of trustees of Miami
university have no voting power on the board. Student members
shall not be considered as members of the board in determining
whether a quorum is present. Student members shall not be
entitled to attend executive sessions of the board. The student
members of the board shall be appointed by the governor, with
the advice and consent of the senate, from a group of five
candidates selected pursuant to a procedure adopted by the
university's student governments and approved by the
university's board of trustees. The initial term of office of
one of the student members shall commence on March 1, 1988 , and
shall expire on February 28, 1989, and the initial term of
office of the other student member shall commence on March 1,
1988, and expire on February 28, 1990. Thereafter, terms of
office of student members shall be for two years, each term
ending on the last day of February. In the event that a student
member cannot fulfill the student member's two-year term, a
replacement shall be selected to fill the unexpired term in the
same manner used to make the original selection.
Sec. 3341.02. (A) The government of Bowling Green state
university is vested in a board of eleven trustees, who shall be
appointed by the governor, with the advice and consent of the
senate. Two of the trustees shall be students at Bowling Green
state university, and their selection and terms shall be in
accordance with division (B) of this section. A majority of the
board constitutes a quorum. Except For trustees appointed prior
to July 1, 2025, except for the terms of student members, terms
of office shall be for nine years, commencing on the seventeenth
day of May and ending on the sixteenth day of May. No person who
has served a full nine-year term or more than six years of such
a term shall be eligible for reappointment until a period of
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four years has elapsed since the last day of the term for which
the person previously served. For trustees appointed on or after
July 1, 2025, except for the terms of student members, terms of
office shall be for six years, commencing on the seventeenth day
of May and ending on the sixteenth day of May.
(B) The student members of the board of trustees of
Bowling Green state university have no voting power on the
board. Student members shall not be considered as members of the
board in determining whether a quorum is present. Student
members shall not be entitled to attend executive sessions of
the board. The student members of the board shall be appointed
by the governor, with the advice and consent of the senate, from
a group of five candidates selected pursuant to a procedure
adopted by the university's student governments and approved by
the university's board of trustees. The initial term of office
of one of the student members shall commence on March 17, 1988,
and shall expire on March 16, 1989, and the initial term of
office of the other student member shall commence on March 17,
1988, and expire on March 16, 1990. After September 22, 2000,
terms of office shall commence on the seventeenth day of May and
shall end on the sixteenth day of May. Terms of office of
student members shall be for two years, each term ending on the
same day of the same month of the year as the term it succeeds.
In the event that a student member cannot fulfill the student
member's two-year term, a replacement shall be selected in the
manner used for the original selection to fill the unexpired
term.
(C) The government of Kent state university is vested in a
board of eleven trustees, who shall be appointed by the
governor, with the advice and consent of the senate. Two of the
trustees shall be students at Kent state university, and their
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selection and terms shall be in accordance with division (D) of
this section. A majority of the board constitutes a quorum.
Except For trustees appointed prior to July 1, 2025, except for
the terms of student members, terms of office shall be for nine
years, commencing on the seventeenth day of May and ending on
the sixteenth day of May. No person who has served a full nine-
year term or more than six years of such a term shall be
eligible for reappointment until a period of four years has
elapsed since the last day of the term for which the person
previously served. For trustees appointed on or after July 1,
2025, except for the terms of student members, terms of office
shall be for six years, commencing on the seventeenth day of May
and ending on the sixteenth day of May.
(D) The student members of the board of trustees of Kent
state university have no voting power on the board. Student
members shall not be considered as members of the board in
determining whether a quorum is present. Student members shall
not be entitled to attend executive sessions of the board. The
student members of the board shall be appointed by the governor,
with the advice and consent of the senate, from a group of five
candidates selected pursuant to a procedure adopted by the
university's student governments and approved by the
university's board of trustees. The initial term of office of
one of the student members shall commence on May 17, 1988, and
shall expire on May 16, 1989, and the initial term of office of
the other student member shall commence on May 17, 1988, and
expire on May 16, 1990. Thereafter, terms of office of student
members shall be for two years, each term ending on the same day
of the same month of the year as the term it succeeds. In the
event that a student member cannot fulfill the student member's
two-year term, a replacement shall be selected to fill the
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unexpired term in the same manner used to make the original
selection.
(E) The trustees shall receive no compensation for their
services but shall be paid their reasonable necessary expenses
while engaged in the discharge of their official duties.
(F) Each trustee shall hold office from the date of
appointment until the end of the term for which the trustee was
appointed. Any trustee appointed to fill a vacancy occurring
prior to the expiration of the term for which the trustee's
predecessor was appointed shall hold office for the remainder of
such term. Any trustee shall continue in office subsequent to
the expiration date of the trustee's term until a successor
takes office, or until a period of sixty days has elapsed,
whichever occurs first.
Sec. 3343.02. (A) The government of Central state
university shall be vested in a board of trustees to be known as
"the board of trustees of the Central state university." Such
board shall consist of eleven members who shall be appointed by
the governor, with the advice and consent of the senate. Two of
the trustees shall be students at Central state university, and
their selection and terms shall be in accordance with division
(B) of this section. A majority of the board constitutes a
quorum. Except For trustees appointed prior to July 1, 2025,
except for the student members, terms of office shall be for
nine years, commencing on the first day of July and ending on
the thirtieth day of June. For trustees appointed on or after
July 1, 2025, except for the student members, terms of office
shall be for six years, commencing on the first day of July and
ending on the thirtieth day of June. Each member shall hold
office from the date of appointment until the end of the term
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for which the member was appointed. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed shall hold office
for the remainder of such term. Any member shall continue in
office subsequent to the expiration date of the member's term
until the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first. No person who
has served a full nine-year term or more than six years of such
a term shall be eligible for reappointment until a period of
four years has elapsed since the last day of the term for which
the person previously served.
(B) The student members of the board of trustees of
Central state university have no voting power on the board.
Student members shall not be considered as members of the board
in determining whether a quorum is present. Student members
shall not be entitled to attend executive sessions of the board.
The student members of the board shall be appointed by the
governor, with the advice and consent of the senate, from a
group of five candidates selected pursuant to a procedure
adopted by the university's student governments and approved by
the university's board of trustees. The initial term of office
of one of the student members shall commence on July 1, 1988 ,
and shall expire on June 30, 1989, and the initial term of
office of the other student member shall commence on July 1,
1988, and expire on June 30, 1990. Thereafter, terms of office
of student members shall be for two years, each term ending on
the same day of the same month of the year as the term it
succeeds. In the event that a student member cannot fulfill a
two-year term, a replacement shall be selected to fill the
unexpired term in the same manner used to make the original
selection.
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Sec. 3344.01. (A) There is hereby created the Cleveland
state university. The government of the Cleveland state
university is vested in a board of eleven trustees, who shall be
appointed by the governor, with the advice and consent of the
senate. Two of the trustees shall be students at the Cleveland
state university, and their selection and terms shall be in
accordance with division (B) of this section. Except For
trustees appointed prior to July 1, 2025, except for the student
members, terms of office shall be for nine years, commencing on
the second day of May and ending on the first day of May. For
trustees appointed on or after July 1, 2025, except for the
student members, terms of office shall be for six years,
commencing on the second day of May and ending on the first day
of May. Each trustee shall hold office from the date of
appointment until the end of the term for which the trustee was
appointed. Any trustee appointed to fill a vacancy occurring
prior to the expiration of the term for which the trustee's
predecessor was appointed shall hold office for the remainder of
such term. Any trustee shall continue in office subsequent to
the expiration date of the trustee's term until the trustee's
successor takes office, or until a period of sixty days has
elapsed, whichever occurs first. No person who has served a full
nine-year term or more than six years of such a term shall be
eligible for reappointment until a period of four years has
elapsed since the last day of the term for which the person
previously served. The trustees shall receive no compensation
for their services but shall be paid their reasonable necessary
expenses while engaged in the discharge of their official
duties. A majority of the board constitutes a quorum.
(B) The student members of the board of trustees of the
Cleveland state university have no voting power on the board.
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Student members shall not be considered as members of the board
in determining whether a quorum is present. Student members
shall not be entitled to attend executive sessions of the board.
The student members of the board shall be appointed by the
governor, with the advice and consent of the senate, from a
group of five candidates selected pursuant to a procedure
adopted by the university's student governments and approved by
the university's board of trustees. The initial term of office
of one of the student members shall commence on May 2, 1988 , and
shall expire on May 1, 1989, and the initial term of office of
the other student member shall commence on May 2, 1988 , and
expire on May 1, 1990. Thereafter, terms of office of student
members shall be for two years, each term ending on the same day
of the same month of the year as the term it succeeds. In the
event that a student member cannot fulfill a two-year term, a
replacement shall be selected to fill the unexpired term in the
same manner used to make the original selection.
Sec. 3345.029. (A) As used in this section:
(1) "Community college" has the same meaning as in section
3333.168 of the Revised Code.
(2) "Course syllabus" means a document produced for
students by a course instructor that includes all of the
following:
(a) The name of the course instructor;
(b) A calendar for the course outlining what materials and
topics will be covered and when during the course they will be
covered;
(c) A list of any required or recommended readings for the
course;
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(d) The course instructor's professional qualifications.
(3) "General syllabus" means a document produced for
students by a community college regarding a course that includes
both of the following:
(a) A calendar for the course outlining what materials and
topics will be covered and when during the course they will be
covered;
(b) A list of any required or recommended readings for the
course.
(4) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B) Each state institution of higher education shall make
a syllabus for each undergraduate course it offers for college
credit publicly available by doing one of the following:
(1) Ensuring that each course instructor posts a course
syllabus on a publicly accessible web site. Each such web site
shall include the following information:
(a) The course instructor's professional qualifications;
(b) The course instructor's contact information;
(c) The course instructor's course schedule;
(d) The course syllabus for each course the instructor is
currently teaching, which shall be accessible by link or
download through the web site.
(2) Posting a course syllabus for each course on the
institution's publicly accessible web site. Each course syllabus
shall be all of the following:
(a) Accessible from the main page of the state
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institution's web site by use of not more than three links;
(b) Searchable by keywords and phrases;
(c) Accessible to the public without requiring user
registration of any kind.
(3) If the institution is a community college, posting a
general syllabus for a course on the college's publicly
accessible web site. Each general syllabus shall be all of the
following:
(a) Accessible from the main page of the college's web
site by use of not more than three links;
(b) Searchable by keywords and phrases;
(c) Accessible to the public without requiring user
registration of any kind.
(C)(1) Each state institution shall make a syllabus
available in accordance with division (B) of this section not
later than the first day of classes for the semester or academic
term in which the course is offered.
(2) For any syllabus posted under division (B)(1) of this
section that is no longer used, the course instructor shall,
upon request, make that syllabus available for not less than two
years after that syllabus was posted under that division.
(3) Any syllabus posted under division (B)(2) or (3) of
this section shall remain posted on the state institution's web
site for not less than two years after it was first posted.
(4) To the extent practicable, each state institution
shall ensure that the most recently updated syllabus for each
undergraduate course it offers for college credit is posted in
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accordance with division (B) of this section.
(D) Divisions (B) and (C) of this section do not apply to
a college course that is offered through the college credit plus
program established under Chapter 3365. of the Revised Code,
delivered in a secondary school, and taught by a high school
teacher.
(E) Each state institution shall designate an
administrator to implement the institution's responsibilities
under this section. The administrator may assign duties for that
purpose to one or more administrative employees.
(F) Each state institution shall prepare a written report
regarding its compliance with the requirements under this
section for the chancellor of higher education in accordance
with guidelines established under section 3345.0219 of the
Revised Code.
The chancellor shall prepare a report that includes each
report received from a state institution under this division.
Sec. 3345.0216. (A) Each state institution of higher
education, as defined in section 3345.011 of the Revised Code,
shall incorporate all of the following statements into a
statement of commitment:
(1) The institution declares that it will educate students
by means of free, open, and rigorous intellectual inquiry to
seek the truth.
(2) The institution declares that its duty is to equip
students with the opportunity to develop the intellectual skills
they need to reach their own, informed conclusions.
(3) The institution declares its commitment to not
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requiring, favoring, disfavoring, or prohibiting speech or
lawful assembly.
(4) The institution declares it is committed to create a
community dedicated to an ethic of civil and free inquiry, which
respects the autonomy of each member, supports individual
capacities for growth, and tolerates the differences in opinion
that naturally occur in a public higher education community.
(5) The institution declares that its duty is to treat all
faculty, staff, and students as individuals, to hold them to
equal standards, and to provide them equality of opportunity.
(B) Each state institution of higher education shall
include the statement of commitment developed under this section
on all official institution documents and prominently post the
statement on its publicly accessible web site.
Sec. 3345.0217. (A) As used in this section:
(1) "Controversial belief or policy" means any belief or
policy that is the subject of political controversy, including
issues such as climate policies, electoral politics, foreign
policy, diversity, equity, and inclusion programs, immigration
policy, marriage, or abortion.
(2) "Intellectual diversity" means multiple, divergent,
and varied perspectives on an extensive range of public policy
issues.
(3) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B) Not later than ninety days after the effective date of
this section, the board of trustees of each state institution of
higher education shall adopt and enforce a policy that requires
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the institution to do all of the following:
(1)(a) Prohibit all of the following:
(i) Any orientation or training course regarding
diversity, equity, and inclusion;
(ii) The continuation of existing diversity, equity, and
inclusion offices or departments;
(iii) Establishing new diversity, equity, and inclusion
offices or departments;
(iv) Using diversity, equity, and inclusion in job
descriptions;
(v) Contracting with consultants or third-parties whose
role is or would be to promote admissions, hiring, or promotion
on the basis of race, ethnicity, religion, sex, sexual
orientation, gender identity, or gender expression;
(vi) The establishment of any new institutional
scholarships that use diversity, equity, and inclusion in any
manner. For any institutional scholarships existing on the
effective date of this section, a state institution shall, to
the extent possible, eliminate diversity, equity, and inclusion
requirements. If the state institution is unable to do so
because of donor requirements, the institution may continue to
offer those institutional scholarships. However, the state
institution shall not accept any additional funds for the
operation of institutional scholarships that have diversity,
equity, and inclusion requirements.
(b) A state institution shall not replace any orientation,
training, office, or position designated for the purpose of
diversity, equity, and inclusion that is prohibited under this
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division with an orientation, training, office, or position
under a different designation that serves the same or similar
purposes, or that uses the same or similar means.
(c) In the event that the requirements to obtain a
research grant conflict with the prohibitions listed under
division (B)(1)(a) of this section, a state institution shall
endeavor, to the extent possible, to comply with division (B)(1)
(a) of this section while retaining eligibility for the research
grant, including by consulting with legal counsel. A state
institution that is unable to comply with division (B)(1)(a) of
this section with respect to a research grant shall submit a
written request for an exception to the chancellor of higher
education. The exception request shall include an explanation of
the circumstances and the effort made by the state institution
to comply with division (B)(1)(a) of this section while
retaining eligibility for the research grant.
(d) Divisions (B)(1)(a) and (c) of this section do not
apply to agreements or contracts regarding any research grants
entered into prior to the effective date of this section.
Divisions (B)(1)(a) and (c) of this section apply to any renewal
of such agreements or contracts occurring on or after the
effective date of this section.
(2) Affirm and declare that its primary function is to
practice, or support the practice, discovery, improvement,
transmission, and dissemination of knowledge and citizenship
education by means of research, teaching, discussion, and
debate;
(3) Affirm and declare that, to fulfill the function
described in division (B)(2) of this section, the state
institution shall ensure the fullest degree of intellectual
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diversity;
(4) Affirm and declare that faculty and staff shall allow
and encourage students to reach their own conclusions about all
controversial beliefs or policies and shall not seek to
indoctrinate any social, political, or religious point of view;
(5) Demonstrate intellectual diversity for course
approval, approval of courses to satisfy general education
requirements, student course evaluations, common reading
programs, annual reviews, strategic goals for each department,
and student learning outcomes.
Divisions (B)(2) to (5) of this section do not apply to
the exercise of professional judgment about how to accomplish
intellectual diversity within an academic discipline, unless
that exercise is misused to constrict intellectual diversity.
(6) Declare that it will not endorse or oppose, as an
institution, any controversial belief or policy, except on
matters that directly impact the institution's funding or
mission of discovery, improvement, and dissemination of
knowledge. The institution may also endorse the congress of the
United States when it establishes a state of armed hostility
against a foreign power.
This division does not include the recognition of national
and state holidays, support for the Constitution and laws of the
United States or the state of Ohio, or the display of the
American or Ohio flag.
(7) Affirm and declare that the state institution will not
encourage, discourage, require, or forbid students, faculty, or
administrators to endorse, assent to, or publicly express a
given ideology, political stance, or view of a social policy,
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nor will the institution require students to do any of those
things to obtain an undergraduate or post-graduate degree.
Divisions (B)(6) and (7) of this section do not apply to
the exercise of professional judgment about whether to endorse
the consensus or foundational beliefs of an academic discipline,
unless that exercise is misused to take an action prohibited in
division (B)(6) of this section.
(8) Prohibit political and ideological litmus tests in all
hiring, promotion, and admissions decisions, including diversity
statements and any other requirement that applicants describe
their commitment to any ideology, principle, concept, or
formulation that requires commitment to any controversial belief
or policy;
(9) Affirm and declare that no hiring, promotion, or
admissions process or decision shall encourage, discourage,
require, or forbid students, faculty, or administrators to
endorse, assent to, or publicly express a given ideology or
political stance;
(10) Affirm and declare that the state institution will
not use a diversity statement or any other assessment of an
applicant's political or ideological views in any hiring,
promotions, or admissions process or decision;
(11) Affirm and declare that no process or decision
regulating conditions of work or study, such as committee
assignments, course scheduling, or workload adjustment policies,
shall encourage, discourage, require, or forbid students,
faculty, or administrators to endorse, assent to, or publicly
express a given ideology or political stance;
(12) Affirm and declare that the state institution will
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seek out invited speakers who have diverse ideological or
political views;
(13) Post prominently on its web site a complete list of
all speaker fees, honoraria, and other emoluments in excess of
five hundred dollars for events that are sponsored by the state
institution. That information shall be all of the following:
(a) Accessible from the main page of the institution's web
site by use of not more than three links;
(b) Searchable by keywords and phrases;
(c) Accessible to the public without requiring user
registration of any kind.
(C) Each state institution of higher education shall
respond to complaints from any student, student group, or
faculty member about an alleged violation of the prohibitions
and requirements included in the policy adopted under this
section using the process established under division (C) of
section 3345.0215 of the Revised Code.
(D) Nothing in this section prohibits faculty or students
from classroom instruction, discussion, or debate, so long as
faculty members remain committed to expressing intellectual
diversity and allowing intellectual diversity to be expressed.
(E) The general assembly may withhold or reduce any state
operating subsidy payments, state capital improvement funds, or
other state appropriation to a state institution of higher
education if the general assembly determines the institution has
failed to comply with the requirements established under this
section.
Sec. 3345.0218. (A) As used in this section:
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(1) "Intellectual diversity" has the same meaning as in
section 3345.0217 of the Revised Code.
(2) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B) Each state institution of higher education shall
respond to complaints regarding any administrator, faculty
member, staff, or student who interferes with the intellectual
diversity rights, prescribed under section 3345.0217 of the
Revised Code, of another using the process established under
division (C) of section 3345.0215 of the Revised Code.
(C) Each state institution shall inform all of its
students and employees of the protections afforded to them under
section 3345.0217 of the Revised Code and any policies it has
adopted to put them into practice, including by providing the
information to new employees and to each student during any new
student orientation the institution offers.
(D) Each state institution shall comply with any reporting
guidelines established by the chancellor under section 3345.0219
of the Revised Code regarding any violations of the intellectual
diversity rights prescribed under section 3345.0217 of the
Revised Code by any individual under the institution's
jurisdiction and any consequent disciplinary sanctions issued
for that violation.
Sec. 3345.0219. Each state institution of higher
education, as defined in section 3345.011 of the Revised Code,
shall comply with guidelines established by the chancellor of
higher education when the institution adopts policies or issues
reports under sections 3345.029, 3345.0217, 3345.0218, 3345.452,
3345.453, 3345.454, 3345.591, 3345.80, and 3345.88 of the
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Revised Code. The guidelines shall address the form and manner
by which the state institution shall submit a policy or report
to the chancellor when the institution is required to do so by
one of those sections. The chancellor shall post each such
policy or report that the chancellor receives on the
chancellor's publicly accessible web site.
Sec. 3345.382. (A) As used in this section, "state
institution of higher education" has the same meaning as in
section 3345.011 of the Revised Code.
(B) Each state institution of higher education shall
develop a course with not fewer than three credit hours in the
subject area of American civic literacy. The course shall
include a study of the American economic system and capitalism.
The course shall comply with the criteria, policies, and
procedures established under section 3333.16 of the Revised
Code. The course may be offered under the college credit plus
program established under Chapter 3365. of the Revised Code. The
course shall, at a minimum, require each student to read all the
following:
(1) The entire Constitution of the United States;
(2) The entire Declaration of Independence;
(3) A minimum of five essays in their entirety from the
Federalist Papers. The essays shall be selected by the
department chair.
(4) The entire Emancipation Proclamation;
(5) The entire Gettysburg Address;
(6) The entire Letter from Birmingham Jail written by Dr.
Martin Luther King Jr;
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(7) The writings of Adam Smith, including a study of the
principles written in The Wealth of Nations.
Any student who takes the course shall be required to pass
a cumulative final examination at the conclusion of the course
that assesses student proficiency about the documents described
in divisions (B)(1) to (7) of this section.
Each state institution of higher education board of
trustees shall adopt a resolution approving a plan to offer the
course developed under this section. Each state institution
shall submit that plan to the chancellor of higher education.
The chancellor shall review and approve each plan. Prior to
approving a plan, the chancellor may require a state institution
to revise the plan and the course.
(C) Beginning with students who graduate from a state
institution of higher education in the spring semester, or
equivalent quarter, of the 2029-2030 academic year, no state
institution of higher education shall grant a bachelor's degree
to any student unless the student completes a course described
in division (B) of this section. A state institution may require
students to complete the course as part of the institution's
general education courses of study.
(D)
This section does not apply to associate's degree
programs.
Sec. 3345.45. (A) On or before January 1, 1994, the The
chancellor of higher education jointly with all state
universities institutions of higher education , as defined in
section 3345.011 of the Revised Code, shall develop standards
for instructional workloads for full-time and part-time faculty
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in keeping with the universities' institutions' missions and
with special emphasis on the undergraduate learning experience.
The standards shall contain clear guidelines for institutions to
determine a range of acceptable undergraduate teaching by
faculty.
(B) On or before June 30, 1994, the The board of trustees
of each state university institution of higher education shall
take formal action to adopt a faculty workload policy consistent
with the standards developed under this section. Notwithstanding
section 4117.08 of the Revised Code, the policies adopted under
this section are not appropriate subjects for collective
bargaining. Notwithstanding division (A) of section 4117.10 of
the Revised Code, any policy adopted under this section by a
board of trustees prevails over any conflicting provisions of
any collective bargaining agreement between an employees
organization and that board of trustees.
(C)(1) The board of trustees of each state university
institution of higher education shall review the university's
institution's policy on faculty tenure and update that policy to
promote excellence in instruction, research, service, or
commercialization, or any combination thereof.
(2) Beginning on July 1, 2018, as As a condition for a
state university institution of higher education to receive any
state funds for research that are allocated to the department of
higher education under the appropriation line items referred to
as either "research incentive third frontier fund" or "research
incentive third frontier-tax," the chancellor shall require the
university institution to include multiple pathways for faculty
tenure, one of which may be a commercialization pathway, in its
policy.
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(D)(1) At least once every five years, each state
institution of higher education shall update its faculty
workload policy and submit the policy to the chancellor. The
updated policies shall be approved by the state institution's
board of trustees each time it is submitted to the chancellor.
(2) Each state institution of higher education's faculty
workload policy shall include all of the following:
(a) An objective and numerically defined teaching workload
expectation based on credit hours as defined in 34 C.F.R. 600.2;
(b) A definition of all faculty workload elements in terms
of credit hours as defined in 34 CFR 600.2 with a full-time
workload minimum standard established by the board of trustees
and made publicly accessible on the state institution's web
site;
(c) A definition of justifiable credit hour equivalents
for activities other than teaching, including research, clinical
care, administration, service, and other activities as
determined by the state institution of higher education;
(d) Administrative action that a state institution of
higher education may take, including censure, remedial training,
for-cause termination, or other disciplinary action, regardless
of tenure status, if a faculty member fails to comply with the
policy's requirements. Termination under these circumstances
requires the recommendation of the dean, provost, or equivalent
official, concurrence of the state institution of higher
education's president, and approval of the state institution of
higher education's board of trustees.
Sec. 3345.451. (A) As used in this section, "state
institution of higher education" has the same meaning as in
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section 3345.011 of the Revised Code.
(B) The chancellor of higher education shall develop a
minimum set of standard questions for use by state institutions
of higher education in student evaluations of faculty members.
The questions shall include the following:
"Does the faculty member create a classroom atmosphere
free of political, racial, gender, and religious bias?"
(C) Each state institution of higher education shall
establish a written system of faculty evaluations completed by
students with a focus on teaching effectiveness and student
learning. Each state institution shall include in its student
evaluations of faculty the minimum set of standard questions
developed by the chancellor in division (B) of this section.
(D) Each state institution of higher education shall
establish a written system of peer evaluations for faculty
members with emphasis placed on the faculty member's
professional development regarding the faculty member's teaching
responsibilities.
Sec. 3345.452. (A) As used in this section, "state
institution of higher education" has the same meaning as in
section 3345.011 of the Revised Code.
(B) The board of trustees of each state institution of
higher education shall adopt a faculty annual performance
evaluation policy and submit the policy to the chancellor of
higher education. Each policy must contain an appeals process
for faculty to appeal the final evaluation. Each state
institution's board of trustees shall review and update its
policy every five years.
(C) Each state institution of higher education shall
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conduct an annual evaluation for each full-time faculty member
who it directly compensates.
(D) Each faculty annual performance evaluation shall meet
all of the following:
(1) The evaluation is comprehensive and includes
standardized, objective, and measurable performance metrics.
(2) The evaluation includes an assessment of performance
for each of the following areas that the faculty member has
spent at least five per cent of their annual work time on over
the preceding year:
(a) Teaching;
(b) Research;
(c) Service;
(d) Clinical care;
(e) Administration;
(f) Other categories, as determined by the state
institution of higher education.
(3) The evaluation includes a summary assessment of the
performance areas listed in division (D)(2) of this section
including the parameters "exceeds performance expectations,"
"meets performance expectations," or "does not meet performance
expectations."
(4) Student evaluations conducted pursuant to section
3345.451 of the Revised Code account for at least twenty-five
per cent of the teaching area component of the evaluation.
(5) The evaluation establishes a projected work effort
distribution for the faculty member for the next year which
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shall be used during the next year's evaluation. The
distribution shall be compliant with the state institution's
established workload policies adopted under section 3345.45 of
the Revised Code and shall receive approval from the dean of
faculty or the equivalent.
(E) Evaluations shall be conducted by the department
chairperson or equivalent administrator, reviewed and approved
or disapproved by the dean, and submitted to the provost for
review. If there is disagreement between the chairperson and
dean, the provost shall have final decision authority.
Sec. 3345.453. This section applies only to state
institutions of higher education that have tenured faculty
members.
(A) As used in this section, "state institution of higher
education" has the same meaning as in section 3345.011 of the
Revised Code.
(B) The board of trustees of each state institution of
higher education shall adopt a post-tenure review policy and
submit the policy to the chancellor of higher education. Each
policy must contain an appeals process for tenured faculty whose
post-tenure review process results in a recommendation for
administrative action pursuant to division (G) of this section.
Each state institution's board of trustees shall update the
post-tenure review policy every five years.
(C) A state institution of higher education shall conduct
a post-tenure review if a tenured faculty member receives a
"does not meet performance expectations" evaluation within the
same evaluative category for a minimum of two of the past three
consecutive years on the faculty member's annual performance
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evaluation conducted pursuant to section 3345.452 of the Revised
Code.
(D) A state institution of higher education shall subject
any faculty member who maintains tenure after a post-tenure
review and receives an additional "does not meet performance
expectations" assessment on any area of the faculty member's
annual performance evaluation in the subsequent two years to an
additional post-tenure review.
(E) The department chairperson, dean of faculty, or
provost of a state institution of higher education may require
an immediate and for cause post-tenure review at any time for a
faculty member who has a documented and sustained record of
significant underperformance outside of the faculty member's
annual performance evaluation. For this purpose, for cause shall
not be based on a faculty member's allowable expression of
academic freedom as defined by the state institution of higher
education or Ohio law.
(F) The state institution of higher education's post-
tenure review due process period, from beginning to end, shall
not exceed six months, except that a one-time two-month
extension may be granted by the state institution's president.
(G) The state institution of higher education's provost
shall submit a recommended outcome of the post-tenure review
process to the institution's entity that is responsible for the
final decision of post-tenure review pursuant to the
institution's policy. The administrative action that a state
institution of higher education may take includes censure,
remedial training, or for-cause termination, regardless of
tenure status, and any other action permitted by the
institution's post-tenure review policy.
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Sec. 3345.454. This section applies only to state
institutions of higher education that have tenured faculty
members.
(A) As used in this section:
(1) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(2) "Retrenchment" means a process by which a state
institution of higher education reduces programs or services,
thus resulting in a temporary suspension or permanent separation
of one or more institution faculty, to account for a reduction
in student population or overall funding, a change to
institutional missions or programs, or other fiscal pressures or
emergencies facing the institution.
(B) In addition to the policies described in sections
3345.45 to 3345.453 of the Revised Code, each state institution
of higher education board of trustees shall develop policies on
tenure and retrenchment. Each state institution shall submit
those policies to the chancellor of higher education. Each state
institution's board of trustees shall update those policies
every five years.
(C) A state institution of higher education shall
eliminate any undergraduate degree program it offers if the
institution confers an average of fewer than five degrees in
that program annually over any three-year period. A state
institution shall not consider any academic year prior to the
first academic year in which an undergraduate degree is
conferred in determining whether this division applies to the
program offering that degree.
The chancellor may grant a waiver to a state institution
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for a program to which this division applies. State institutions
shall appeal for a waiver in a form and manner determined by the
chancellor. If the chancellor grants a waiver to a state
institution, the chancellor shall establish terms under which
the state institution may conditionally continue the program,
including whether the program is eligible to be supported by
state share of instruction funds.
Sec. 3345.455. With respect to a collective bargaining
agreement entered into on or after the effective date of this
section, both of the following apply to the standards, policies,
and systems adopted under sections 3345.45 to 3345.454 of the
Revised Code:
(A) Notwithstanding section 4117.08 of the Revised Code,
the standards, policies, and systems are not appropriate
subjects for collective bargaining.
(B) Notwithstanding division (A) of section 4117.10 of the
Revised Code, the standards, policies, and systems prevail over
any conflicting provision of a collective bargaining agreement.
Sec. 3345.456. (A) As used in this section:
(1) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(2) "Retrenchment" has the same meaning as in section
3345.454 of the Revised Code.
(B) Notwithstanding anything to the contrary in section
3345.454 or 3345.455 of the Revised Code, a state institution of
higher education that is a party to a collective bargaining
agreement in effect on the effective date of this section
containing a provision regarding retrenchment shall only
continue to bargain over retrenchment policies for a new or
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1074 S. B. No. 1 Page 38
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renewed collective bargaining agreement with respect to
institution faculty that have at least thirty years, but not
more than thirty-five years, of service in one of the state
retirement systems at the time of any retrenchment
determination.
(C) Nothing in this section prohibits a faculty member
from accepting any separation incentive that may otherwise be
offered by a state institution of higher education, regardless
of whether the incentive is contained in a collective bargaining
agreement.
Sec. 3345.591. (A) As used in this section:
(1) "People's Republic of China" means the government of
China, the Chinese Communist Party, the People's Liberation
Army, or any other extension of, or entity affiliated with, the
government of China.
(2) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B) No state institution of higher education shall accept
gifts, donations, or contributions from the People's Republic of
China or any organization the institution reasonably suspects is
acting on behalf of the People's Republic of China.
Nothing in this section prohibits a state institution of
higher education from accepting payments from Chinese citizens
related to instructional fees, general fees, special fees, cost
of instruction, or educational expenses or donations from the
institution's alumni.
Nothing in this section prohibits a state institution of
higher education from receiving philanthropic or unrestricted
grants so long as it maintains the structural safeguard
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requirements provided for in division (E) of this section.
(C) Each state institution shall submit to the chancellor
of higher education a copy of the report it submits to the
United States department of education pursuant to 20 U.S.C.
1011(f).
(D) Upon request, the chancellor shall make any
information reported under division (C) of this section
available to any member of the general assembly.
(E) A state institution shall notify the chancellor of any
new or renewed academic partnership with an academic or research
institution located in China. A state institution shall only
enter into a new or renewed academic partnership with an
academic or research institution located in China if the state
institution maintains sufficient structural safeguards to
protect the state institution's intellectual property, the
security of the state of Ohio, and the national security
interests of the United States. The safeguards shall include, at
a minimum, all of the following:
(1) Compliance with all federal requirements, including
the requirements of federal research sponsors and federal export
control agencies, including regulations regarding international
traffic in arms and export administration regulations, and
economic and trade sanctions administered by the federal office
of foreign assets control;
(2) Annual formal institution-level programs for faculty
on conflicts of interest and conflicts of commitment;
(3) A formalized foreign visitor process and uniform
visiting scholar agreement.
(F) The auditor of state shall audit the safeguards
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As Introduced
implemented by state institutions of higher education under
division (E) of this section in the course of a normal audit
conducted under section 117.46 of the Revised Code.
Sec. 3345.80. (A) As used in this section, "state
institution of higher education" has the same meaning as in
section 3345.011 of the Revised Code.
(B) For each biennial main operating appropriations bill
and capital appropriations bill, each state institution of
higher education shall prepare, in accordance with guidelines
established under section 3345.0219 of the Revised Code, a
rolling five-year summary of its institutional costs to be
considered by the general assembly when evaluating operating and
capital project funding. The chancellor shall submit a report
including each state institution's five-year institutional cost
summaries to the general assembly under section 101.68 of the
Revised Code.
(C) Each state institution of higher education's five-year
institutional cost summary shall consist of the following
categories:
(1) All costs related to student instruction, including
instructor salaries, benefits, and related operating costs;
(2) All general staff costs related to maintenance,
grounds, utilities, food service, and other areas as determined
by the institution;
(3) All other costs for staff, including academic
administrators, counseling, financial aid assistance, healthcare
services, and housing management.
(D) Each of the categories presented in the five-year
institutional cost summary shall include all of the following:
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1161 S. B. No. 1 Page 41
As Introduced
(1) A detailed breakdown of annual costs and employee
headcounts;
(2) A complete accounting of all spending on diversity,
equity, and inclusion, or related subjects;
(3) An annual count of all faculty, administration, and
employees.
(E) The chancellor shall consult with state institutions
of higher education to develop a standardized reporting format
for the institutional cost summaries and a uniform approach to
completing the categories required in division (C) of this
section.
(F) During the general assembly's consideration of the
main operating appropriations and capital appropriations bills,
the president of each state institution of higher education or
the chancellor of higher education shall have the opportunity to
present in the appropriate hearings conducted by committees that
consider higher education legislation to provide commentary on
trends, potential justifications, or other explanations
regarding the institution's five-year summary of institutional
costs.
(G) Prior to the enactment of the main operating
appropriations and capital appropriations bills, the chancellor
shall create and present to the general assembly an aggregation
report summarizing the total institutional costs for state
universities and community colleges separately.
Sec. 3345.88. (A) As used in this section:
(1) "Position, policy, program, and activity" includes all
of the following:
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1189 S. B. No. 1 Page 42
As Introduced
(a) All forms of employment, including staff positions,
internships, and work studies;
(b) All policies, including mission statements, hiring
policies, promotion policies, and tenure policies;
(c) All programs and positions, including deanships,
provostships, offices, programs, programs presented by residence
halls, and committees;
(d) All activities, including those conducted by the
administrative units of orientation, first-year experience,
student life, and residential life.
(2) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B) With respect to every position, policy, program, and
activity, each state institution of higher education shall do
both of the following:
(1) Treat all faculty, staff, and students as individuals,
hold every individual to equal standards, and provide those
individuals with equality of opportunity with regard to those
individuals' race, ethnicity, religion, sex, sexual orientation,
gender identity, or gender expression;
(2) Provide no advantage or disadvantage to faculty,
staff, or students on the basis of race, ethnicity, religion,
sex, sexual orientation, gender identity, or gender expression
in admissions, hiring, promotion, tenuring, or workplace
conditions.
(C) No state institution of higher education shall provide
or require training for any administrator, teacher, staff
member, or employee that advocates or promotes any of the
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1217 S. B. No. 1 Page 43
As Introduced
following concepts:
(1) One race or sex is inherently superior to another race
or sex.
(2) An individual, by virtue of his or her race or sex, is
inherently racist, sexist, or oppressive, whether consciously or
unconsciously.
(3) An individual should be discriminated against or
receive adverse treatment solely or partly because of the
individual's race.
(4) Members of one race cannot nor should not attempt to
treat others without respect to race.
(5) An individual's moral standing or worth is necessarily
determined by the individual's race or sex.
(6) An individual, by virtue of the individual's race or
sex, bears responsibility for actions committed in the past by
other members of the same race or sex.
(7) An individual should feel discomfort, guilt, anguish,
or any other form of psychological distress on account of his or
her race or sex.
(8) Meritocracy or traits such as hard work ethic are
racist or sexist, or were created by members of a particular
race to oppress members of another race.
(9) Fault, blame, or bias should be assigned to a race or
sex, or to members of a race or sex because of their race or
sex.
Division (C) of this section shall not be construed to
preclude a state institution of higher education from providing
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1244 S. B. No. 1 Page 44
As Introduced
or facilitating continuing education that complies with this
division's requirements to public safety officers.
(D) Each state institution of higher education shall
implement a range of disciplinary sanctions for any
administrator, teacher, staff member, or employee who authorizes
or engages in a training prohibited in division (C) of this
section.
(E) Each state institution of higher education shall issue
a report in accordance with guidelines established under section
3345.0219 of the Revised Code regarding each of the following:
(1) All violations of division (D) of this section
committed by anyone under the institution's jurisdiction and of
all consequent disciplinary sanctions;
(2) Statistics on the academic qualifications of accepted
and matriculating students, disaggregated by race and sex. The
statistics shall include information correlating students'
academic qualifications and retention rates, disaggregated by
race and sex.
(F) Each state institution of higher education shall
prohibit all policies designed explicitly to segregate faculty,
staff, or students based on those individuals' race, ethnicity,
religion, sex, sexual orientation, gender identity, or gender
expression in credit-earning classroom settings, formal
orientation ceremonies, and formal graduation ceremonies.
(G) Each state institution of higher education shall
respond to complaints from any student, student group, or
faculty member about an alleged violation of the prohibitions
and requirements under this section by an employee of the state
institution of higher education using the process established
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1273 S. B. No. 1 Page 45
As Introduced
under division (C) of section 3345.0215 of the Revised Code.
Sec. 3350.10. (A) There is hereby created the northeast
Ohio medical university. The principal goal of the medical
university shall be to collaborate with the university of Akron,
Cleveland state university, Kent state university, and
Youngstown state university to graduate physicians oriented to
the practice of medicine at the community level, especially
family physicians. To accomplish this goal, the medical
university may incorporate in the clinical experience provided
its students the several community hospitals in the cities and
areas served by the medical university; utilize practicing
physicians as teachers; and to the fullest extent possible
utilize the basic science capabilities of the university of
Akron, Cleveland state university, Kent state university, and
Youngstown state university The government of northeast Ohio
medical university is vested in a board of eleven trustees, who
shall be appointed by the governor with the advice and consent
of the senate pursuant to division (A)(2) of this section .
(1) Until December 22, 2008, the government of the
northeast Ohio medical university is vested in a nine-member
board of trustees consisting of the presidents of the university
of Akron, Kent state university, and Youngstown state
university; one member each of the boards of trustees of the
university of Akron, Kent state university, and Youngstown state
university, to be appointed by their respective boards of
trustees for a term of six years ending on the first day of May
or until the trustee's term on the respective university board
of trustees expires, whichever occurs first; and one person each
to be appointed by the boards of trustees of the university of
Akron, Kent state university, and Youngstown state university,
for a term of nine years ending on the first day of May; except
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1304 S. B. No. 1 Page 46
As Introduced
that the term of those first appointed by the several boards of
trustees shall expire on the first day of May next following
their appointment. Vacancies shall be filled for the unexpired
term in the manner provided for original appointment. The
trustees shall receive no compensation for their services but
shall be paid their reasonable necessary expenses while engaged
in the discharge of their official duties. A majority of the
board constitutes a quorum.
(2) Beginning December 22, 2008, the government of the
northeast Ohio medical university is vested in a board of eleven
trustees, who shall be appointed by the governor, with the
advice and consent of the senate. Two of the trustees shall be
current students of the medical university, and their selection
and terms shall be in accordance with division (B) of this
section. Except For trustees appointed prior to July 1, 2025,
except as provided in division (A)(3) of this section and except
for the student members, terms of office shall be for nine
years. For trustees appointed on or after July 1, 2025, except
for the student members, terms of office shall be for six years.
Each trustee shall hold office from the date of appointment
until the end of the term for which the trustee was appointed.
Any trustee appointed to fill a vacancy occurring prior to the
expiration of the term for which the trustee's predecessor was
appointed shall hold office for the remainder of such term. Any
trustee shall continue in office subsequent to the expiration
date of the trustee's term until the trustee's successor takes
office, or until a period of sixty days has elapsed, whichever
occurs first. No person who has served a full nine-year term or
more than six years of such a term shall be eligible for
reappointment until a period of four years has elapsed since the
last day of the term for which the person previously served. The
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As Introduced
trustees shall receive no compensation for their services but
shall be paid their reasonable necessary expenses while engaged
in the discharge of their official duties. A majority of the
board constitutes a quorum.
(3) Not later than December 22, 2008, the governor, with
the advice and consent of the senate, shall appoint the two
student trustees and successors for the trustees serving under
division (A)(1) of this section. Except for the student
trustees, who shall serve terms pursuant to division (B) of this
section, the initial terms of office for trustees appointed
under division (A)(2) of this section shall be as follows: one
term ending September 23, 2009; one term ending September 23,
2010; one term ending September 23, 2011; one term ending
September 23, 2012; one term ending September 23, 2013; one term
ending September 23, 2014; one term ending September 23, 2015;
one term ending September 23, 2016; one term ending September
23, 2017. Thereafter, for trustees appointed prior to July 1,
2025, terms of office shall be for nine years, as provided in
division (A)(2) of this section. For trustees appointed on or
after July 1, 2025, terms of office shall be for six years, as
provided in division (A)(2) of this section.
(B) The student members of the board of trustees of the
northeast Ohio medical university have no voting power on the
board. Student members shall not be considered as members of the
board in determining whether a quorum is present. Student
members shall not be entitled to attend executive sessions of
the board. The student members of the board shall be appointed
by the governor, with the advice and consent of the senate, from
a group of five candidates selected pursuant to a procedure
adopted by the university's student governments and approved by
the university's board of trustees. The initial term of office
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of one of the student members shall commence December 22, 2008,
and shall expire on June 30, 2009, and the initial term of
office of the other student member shall commence December 22,
2008, and shall expire on June 30, 2010. Thereafter, terms of
office of student members shall be for two years, each term
ending on the same day of the same month of the year as the term
it succeeds. In the event that a student member cannot fulfill a
two-year term, a replacement shall be selected to fill the
unexpired term in the same manner used to make the original
selection.
Sec. 3352.01. (A) There is hereby created a state
university to be known as "Wright state university." The
government of Wright state university is vested in a board of
eleven trustees, who shall be appointed by the governor, with
the advice and consent of the senate. Two of the trustees shall
be students at Wright state university, and their selection and
terms shall be in accordance with division (B) of this section.
Except For trustees appointed prior to July 1, 2025, except for
the terms of student members, terms of office shall be for nine
years, commencing on the first day of July and ending on the
thirtieth day of June. For trustees appointed on or after July
1, 2025, except for the terms of student members, terms of
office shall be for six years, commencing on the first day of
July and ending on the thirtieth day of June. Each trustee shall
hold office from the date of appointment until the end of the
term for which the trustee was appointed. Any trustee appointed
to fill a vacancy occurring prior to the expiration of the term
for which the trustee's predecessor was appointed shall hold
office for the remainder of such term. Any trustee shall
continue in office subsequent to the expiration date of the
trustee's term until the trustee's successor takes office, or
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until a period of sixty days has elapsed, whichever occurs
first. No person who has served a full nine-year term or more
than six years of such a term shall be eligible for
reappointment until a period of four years has elapsed since the
last day of the term for which the person previously served. The
trustees shall receive no compensation for their services but
shall be paid their reasonable necessary expenses while engaged
in the discharge of their official duties. A majority of the
board constitutes a quorum.
(B) The student members of the board of trustees of Wright
state university have no voting power on the board. Student
members shall not be considered as members of the board in
determining whether a quorum is present. Student members shall
not be entitled to attend executive sessions of the board. The
student members of the board shall be appointed by the governor,
with the advice and consent of the senate, from a group of five
candidates selected pursuant to a procedure adopted by the
university's student governments and approved by the
university's board of trustees. The initial term of office of
one of the student members shall commence on July 1, 1988 , and
shall expire on June 30, 1989, and the initial term of office of
the other student member shall commence on July 1, 1988 , and
shall expire on June 30, 1990. Thereafter, terms of office of
student members shall be for two years, each term ending on the
same day of the same month of the year as the term it succeeds.
In the event that a student member cannot fulfill a two-year
term, a replacement shall be selected to fill the unexpired term
in the same manner used to make the original selection.
Sec. 3356.01. (A) There is hereby created Youngstown state
university. The government of Youngstown state university is
vested in a board of eleven trustees, who shall be appointed by
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1428 S. B. No. 1 Page 50
As Introduced
the governor, with the advice and consent of the senate. Two of
the trustees shall be students at Youngstown state university,
and their selection and terms shall be in accordance with
division (B) of this section. Except For trustees appointed
prior to July 1, 2025, except for the terms of student members,
terms of office shall be for nine years, commencing on the
second day of May and ending on the first day of May. For
trustees appointed on or after July 1, 2025, except for the
terms of student members, terms of office shall be for six
years, commencing on the second day of May and ending on the
first day of May. Each trustee shall hold office from the date
of appointment until the end of the term for which the trustee
was appointed. Any trustee appointed to fill a vacancy occurring
prior to the expiration of the term for which the trustee's
predecessor was appointed shall hold office for the remainder of
such term. Any trustee shall continue in office subsequent to
the expiration date of the trustee's term until the trustee's
successor takes office, or until a period of sixty days has
elapsed, whichever occurs first. No person who has served a full
nine-year term or more than six years of such a term shall be
eligible to reappointment until a period of four years has
elapsed since the last day of the term for which the person
previously served. The trustees shall receive no compensation
for their services but shall be paid their reasonable necessary
expenses while engaged in the discharge of their duties. A
majority of the board constitutes a quorum.
(B) The student members of the board of trustees of
Youngstown state university have no voting power on the board.
Student members shall not be considered as members of the board
in determining whether a quorum is present. Student members
shall not be entitled to attend executive sessions of the board.
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1459 S. B. No. 1 Page 51
As Introduced
The student members of the board shall be appointed by the
governor, with the advice and consent of the senate, from a
group of five candidates selected pursuant to a procedure
adopted by the university's student governments and approved by
the university's board of trustees. The initial term of office
of one of the student members shall commence on May 2, 1988 , and
shall expire on May 1, 1989, and the initial term of office of
the other student member shall commence on May 2, 1988 , and
expire on May 1, 1990. Thereafter, terms of office of student
members shall be for two years, each term ending on the same day
of the same month of the year as the term it succeeds. In the
event that a student member cannot fulfill a two-year term, a
replacement shall be selected to fill the unexpired term in the
same manner used to make the original selection.
Sec. 3359.01. (A) There is hereby created a state
university to be known as "The University of Akron." The
government of the university of Akron is vested in a board of
eleven trustees who shall be appointed by the governor, with the
advice and consent of the senate. Two of the trustees shall be
students at the university of Akron, and their selection and
terms shall be in accordance with division (B) of this section.
Except For trustees appointed prior to July 1, 2025, except for
the terms of student members, terms of office shall be for nine
years, commencing on the second day of July and ending on the
first day of July. For trustees appointed on or after July 1,
2025, except for the terms of student members, terms of office
shall be for six years. Each trustee shall hold office from the
date of appointment until the end of the term for which the
trustee was appointed. Any trustee appointed to fill a vacancy
occurring prior to the expiration of the term for which the
trustee's predecessor was appointed shall hold office for the
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1490 S. B. No. 1 Page 52
As Introduced
remainder of such term. Any trustee shall continue in office
subsequent to the expiration date of the trustee's term until
the trustee's successor takes office, or until a period of sixty
days has elapsed, whichever occurs first. No person who has
served a full nine-year term or more than six years of such a
term shall be eligible for reappointment until a period of four
years has elapsed since the last day of the term for which the
person previously served. The trustees shall receive no
compensation for their services but shall be paid their
reasonable necessary expenses while engaged in the discharge of
their official duties. A majority of the board constitutes a
quorum.
(B) The student members of the board of trustees of the
university of Akron have no voting power on the board. Student
members shall not be considered as members of the board in
determining whether a quorum is present. Student members shall
not be entitled to attend executive sessions of the board. The
student members of the board shall be appointed by the governor,
with the advice and consent of the senate, from a group of five
candidates selected pursuant to a procedure adopted by the
university's student governments and approved by the
university's board of trustees. The initial term of office of
one of the student members shall commence on July 2, 1988 , and
shall expire on July 1, 1989, and the initial term of office of
the other student member shall commence on July 2, 1988 , and
expire on July 1, 1990. Thereafter, terms of office of student
members shall be for two years, each term ending on the same day
of the same month of the year as the term it succeeds. In the
event that a student member cannot fulfill a two-year term, a
replacement shall be selected to fill the unexpired term in the
same manner used to make the original selection.
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1521 S. B. No. 1 Page 53
As Introduced
Sec. 3361.01. (A) There is hereby created a state
university to be known as the "university of Cincinnati." The
government of the university of Cincinnati is vested in a board
of eleven trustees who shall be appointed by the governor with
the advice and consent of the senate. Two of the trustees shall
be students at the university of Cincinnati, and their selection
and terms shall be in accordance with division (B) of this
section. The terms of the first nine members of the board of
trustees shall commence upon the effective date of the transfer
of assets of the state-affiliated university of Cincinnati to
the university of Cincinnati hereby created. One of such
trustees shall be appointed for a term ending on the first day
of January occurring at least twelve months after such date of
transfer, and each of the other trustees shall be appointed for
respective terms ending on each succeeding first day of January,
so that one term will expire on each first day of January after
expiration of the shortest term. Except For trustees appointed
prior to July 1, 2025, except for the two student trustees, each
successor trustee shall be appointed for a term ending on the
first day of January, nine years from the expiration date of the
term the trustee succeeds, except that any person appointed to
fill a vacancy shall be appointed to serve only for the
unexpired term. For trustees appointed on or after July 1, 2025,
except for the two student trustees, each trustee shall be
appointed for a term ending on the first day of January, six
years from the expiration date of the term the trustee succeeds,
except that any person appointed to fill a vacancy shall be
appointed to serve only for the unexpired term.
Any trustee shall continue in office subsequent to the
expiration date of the trustee's term until the trustee's
successor takes office, or until a period of sixty days has
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1552 S. B. No. 1 Page 54
As Introduced
elapsed, whichever occurs first.
No person who has served a full nine-year term or longer
or more than six years of such a term shall be eligible to
reappointment until a period of four years has elapsed since the
last day of the term for which the person previously served.
The trustees shall receive no compensation for their
services but shall be paid their reasonable necessary expenses
while engaged in the discharge of their official duties. A
majority of the board constitutes a quorum.
(B) The student members of the board of trustees of the
university of Cincinnati have no voting power on the board.
Student members shall not be considered as members of the board
in determining whether a quorum is present. Student members
shall not be entitled to attend executive sessions of the board.
The student members of the board shall be appointed by the
governor, with the advice and consent of the senate, from a
group of five candidates selected pursuant to a procedure
adopted by the university's student governments and approved by
the university's board of trustees. The initial term of office
of one of the student members shall commence on May 14, 1988 ,
and shall expire on May 13, 1989, and the initial term of office
of the other student member shall commence on May 14, 1988 , and
expire on May 13, 1990. Thereafter, terms of office of student
members shall be for two years, each term ending on the same day
of the same month of the year as the term it succeeds. In the
event that a student cannot fulfill a two-year term, a
replacement shall be selected to fill the unexpired term in the
same manner used to make the original selection.
Sec. 3362.01. (A) There is hereby created a state
university to be known as "Shawnee state university." The
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1582 S. B. No. 1 Page 55
As Introduced
government of Shawnee state university is vested in a board of
eleven trustees who shall be appointed by the governor with the
advice and consent of the senate. Two of the trustees shall be
students at Shawnee state university, and their selection and
terms shall be in accordance with division (B) of this section.
The remaining trustees shall be appointed as follows: one for a
term of one year, one for a term of two years, one for a term of
three years, one for a term of four years, one for a term of
five years, one for a term of six years, one for a term of seven
years, one for a term of eight years, and one for a term of nine
years. Thereafter, for trustees appointed prior to July 1, 2025,
terms shall be for nine years. For trustees appointed on or
after July 1, 2025, terms shall be for six years. All terms of
office shall commence on the first day of July and end on the
thirtieth day of June.
Each trustee shall hold office from the date of
appointment until the end of the term for which the trustee was
appointed. Any trustee appointed to fill a vacancy occurring
prior to the expiration of the term for which the trustee's
predecessor was appointed shall hold office for the remainder of
such term. Any trustee shall continue in office subsequent to
the expiration date of the trustee's term until the trustee's
successor takes office, or until a period of sixty days has
elapsed, whichever occurs first. No person who has served a full
nine-year term or more than six years of such a term shall be
eligible for reappointment until a period of four years has
elapsed since the last day of the term for which the person
previously served.
The trustees shall receive no compensation for their
services but shall be paid their reasonable and necessary
expenses while engaged in the discharge of their official
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1613 S. B. No. 1 Page 56
As Introduced
duties.
A majority of the board constitutes a quorum.
(B) The student members of the board of trustees of
Shawnee state university have no voting power on the board.
Student members shall not be considered as members of the board
in determining whether a quorum is present. Student members
shall not be entitled to attend executive sessions of the board.
The student members of the board shall be appointed by the
governor, with the advice and consent of the senate, from a
group of five candidates selected pursuant to a procedure
adopted by the university's student governments and approved by
the university's board of trustees. The initial term of office
of one of the student members shall commence on July 1, 1988,
and shall expire on June 30, 1989, and the initial term of
office of the other student member shall commence on July 1,
1988, and expire on June 30, 1990. Thereafter, terms of office
of student members shall be for two years, each term ending on
the same day of the same month of the year as the term it
succeeds. In the event a student member cannot fulfill a two-
year term, a replacement shall be selected to fill the unexpired
term in the same manner used to make the original selection.
Sec. 3364.01. (A) The university of Toledo, as authorized
under former Chapter 3360. of the Revised Code, and the medical
university of Ohio at Toledo, as authorized under former
sections 3350.01 to 3350.05 of the Revised Code, shall be
combined as one state university to be known as the "university
of Toledo."
(B)(1) The government of the combined university of Toledo
is vested in a board of trustees which, except as prescribed in
division (B)(2) of this section, shall be appointed by the
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1643 S. B. No. 1 Page 57
As Introduced
governor with the advice and consent of the senate. The initial
board of trustees of the combined university shall be as
prescribed in division (B)(2) of this section. After the
abolishment of offices as prescribed in division (B)(2)(a) of
this section, the board of trustees of the combined university
shall consist of nine voting members, who , if appointed prior to
July 1, 2025, shall serve for terms of nine years , or, if
appointed on or after July 1, 2025, shall serve for terms of six
years, and two nonvoting members, who shall be students of the
combined university and who shall serve for terms of two years.
Terms of office of trustees shall begin on the second day of
July and end on the first day of July.
(2) The initial board of trustees of the combined
university shall consist of seventeen voting members who are the
eight members who made up the board of trustees of the medical
university of Ohio at Toledo prior to May 1, 2006, under former
section 3350.01 of the Revised Code, and whose terms would
expire under that section after May 1, 2006; the eight voting
members who made up the board of trustees of the university of
Toledo, under former section 3360.01 of the Revised Code, and
whose terms would expire under that section after July 1, 2006;
and one additional member appointed by the governor with the
advice and consent of the senate. The terms of office,
abolishment of office, and succession of the voting members of
the initial board shall be as prescribed in division (B)(2)(a)
of this section. The initial board also shall consist of two
nonvoting members who are students of the combined university,
as prescribed in division (B)(2)(b) of this section.
(a) The term of office of the voting member of the initial
board of trustees of the combined university who was not
formerly a member of either the board of trustees of the medical
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1674 S. B. No. 1 Page 58
As Introduced
university of Ohio at Toledo or the board of trustees of the
university of Toledo shall be for nine years, beginning on July
2, 2006, and ending on July 1, 2015.
The terms of office of the sixteen other voting members of
the initial board of trustees shall expire on July 1 of the year
they otherwise would expire under former section 3350.01 or
3360.01 of the Revised Code.
The office of one voting member whose term expires on July
1, 2007, shall be abolished on that date. The governor, with the
advice and consent of the senate, shall appoint a successor to
the office of the other voting member whose term expires on that
date to a nine-year term beginning on July 2, 2007.
The office of one voting member whose term expires on July
1, 2008, shall be abolished on that date. The governor, with the
advice and consent of the senate, shall appoint a successor to
the office of the other voting member whose term expires on that
date to a nine-year term beginning on July 2, 2008.
The office of one voting member whose term expires on July
1, 2009, shall be abolished on that date. The governor, with the
advice and consent of the senate, shall appoint a successor to
the office of the other voting member whose term expires on that
date to a nine-year term beginning on July 2, 2009.
The office of one voting member whose term expires on July
1, 2010, shall be abolished on that date. The governor, with the
advice and consent of the senate, shall appoint a successor to
the office of the other voting member whose term expires on that
date to a nine-year term beginning on July 2, 2010.
The office of one voting member whose term expires on July
1, 2011, shall be abolished on that date. The governor, with the
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1703 S. B. No. 1 Page 59
As Introduced
advice and consent of the senate, shall appoint a successor to
the office of the other voting member whose term expires on that
date to a nine-year term beginning on July 2, 2011.
The office of one voting member whose term expires on July
1, 2012, shall be abolished on that date. The governor, with the
advice and consent of the senate, shall appoint a successor to
the office of the other voting member whose term expires on that
date to a nine-year term beginning on July 2, 2012.
The office of one voting member whose term expires on July
1, 2013, shall be abolished on that date. The governor, with the
advice and consent of the senate, shall appoint a successor to
the office of the other voting member whose term expires on that
date to a nine-year term beginning on July 2, 2013.
The office of one voting member whose term expires on July
1, 2014, shall be abolished on that date. The governor, with the
advice and consent of the senate, shall appoint a successor to
the office of the other voting member whose term expires on that
date to a nine-year term beginning on July 2, 2014.
The governor, with the advice and consent of the senate,
shall appoint a successor to the office of the voting member
whose term expires on July 1, 2015, to a nine-year term
beginning on July 2, 2015.
Thereafter the terms of office of all subsequent voting
members of the board of trustees who are appointed prior to July
1, 2025, shall be for nine years beginning on the second day of
July and ending on the first day of July. The terms of office
for voting members of the board of trustees who are appointed on
or after July 1, 2025, shall be for six years beginning on the
second day of July and ending on the first day of July.
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1732 S. B. No. 1 Page 60
As Introduced
(b) One of the student members of the initial board of
trustees shall be the student member of the former university of
Toledo board of trustees, appointed under former section 3360.01
of the Revised Code, whose term would expire under that section
on July 1, 2007. The term of that student member shall expire on
July 1, 2007. The other student member shall be a new appointee,
representing the portion of the combined university that made up
the former medical university of Ohio at Toledo, appointed to a
two-year term beginning on July 2, 2006, and ending on July 1,
2008. That student trustee shall be appointed by the governor,
with the advice and consent of the senate, from a group of three
candidates selected pursuant to a procedure adopted by the
university's student governments and approved by the
university's board of trustees. Thereafter appointment and terms
of office of student members of the board of trustees shall be
as prescribed by division (B)(3) of this section.
(3) The student members of the board of trustees of the
combined university shall be appointed by the governor, with the
advice and consent of the senate, from a group of six candidates
selected pursuant to a procedure adopted by the university's
student governments and approved by the university's board of
trustees. Terms of office of student members shall be for two
years, each term ending on the same day of the same month of the
year as the term it succeeds. In the event that a student member
cannot fulfill a two-year term, a replacement shall be selected
to fill the unexpired term in the same manner used to make the
original selection.
(4) Each trustee shall hold office from the date of
appointment until the end of the term for which the trustee was
appointed. Any trustee appointed to fill a vacancy occurring
prior to the expiration of the term for which the trustee's
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1763 S. B. No. 1 Page 61
As Introduced
predecessor was appointed shall hold office for the remainder of
such term. Any trustee shall continue in office subsequent to
the expiration date of the trustee's term until the trustee's
successor takes office, or until a period of sixty days has
elapsed, whichever occurs first.
(5) No person who has served as a voting member of the
board of trustees for a full nine-year term or more than six
years of such a term and no person who is a voting member of the
initial board of trustees as prescribed in division (B)(2)(a) of
this section is eligible for reappointment to the board until a
period of four years has elapsed since the last day of the term
for which the person previously served.
No person who served as a voting member of the board of
trustees of the former university of Toledo, as authorized under
former Chapter 3360. of the Revised Code, for a full nine-year
term or more than six years of such a term, and no person who
served on the board of trustees of the former medical university
of Ohio at Toledo, as authorized under former sections 3350.01
to 3350.05 of the Revised Code, for a full nine-year term or
more than six years of such a term is eligible for appointment
to the board of trustees of the combined university until a
period of four years has elapsed since the last day of the term
for which the person previously served.
(C) The trustees shall receive no compensation for their
services but shall be paid their reasonable necessary expenses
while engaged in the discharge of their official duties. A
majority of the board constitutes a quorum. The student members
of the board have no voting power on the board. Student members
shall not be considered as members of the board in determining
whether a quorum is present. Student members shall not be
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1793 S. B. No. 1 Page 62
As Introduced
entitled to attend executive sessions of the board.
Sec. 4117.14. (A) The procedures contained in this section
govern the settlement of disputes between an exclusive
representative and a public employer concerning the termination
or modification of an existing collective bargaining agreement
or negotiation of a successor agreement, or the negotiation of
an initial collective bargaining agreement.
(B)(1) In those cases where there exists a collective
bargaining agreement, any public employer or exclusive
representative desiring to terminate, modify, or negotiate a
successor collective bargaining agreement shall:
(a) Serve written notice upon the other party of the
proposed termination, modification, or successor agreement. The
party must serve the notice not less than sixty days prior to
the expiration date of the existing agreement or, in the event
the existing collective bargaining agreement does not contain an
expiration date, not less than sixty days prior to the time it
is proposed to make the termination or modifications or to make
effective a successor agreement.
(b) Offer to bargain collectively with the other party for
the purpose of modifying or terminating any existing agreement
or negotiating a successor agreement;
(c) Notify the state employment relations board of the
offer by serving upon the board a copy of the written notice to
the other party and a copy of the existing collective bargaining
agreement.
(2) In the case of initial negotiations between a public
employer and an exclusive representative, where a collective
bargaining agreement has not been in effect between the parties,
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1822 S. B. No. 1 Page 63
As Introduced
any party may serve notice upon the board and the other party
setting forth the names and addresses of the parties and
offering to meet, for a period of ninety days, with the other
party for the purpose of negotiating a collective bargaining
agreement.
If the settlement procedures specified in divisions (B),
(C), and (D) of this section govern the parties, where those
procedures refer to the expiration of a collective bargaining
agreement, it means the expiration of the sixty-day period to
negotiate a collective bargaining agreement referred to in this
subdivision, or in the case of initial negotiations, it means
the ninety-day period referred to in this subdivision.
(3) The parties shall continue in full force and effect
all the terms and conditions of any existing collective
bargaining agreement, without resort to strike or lock-out, for
a period of sixty days after the party gives notice or until the
expiration date of the collective bargaining agreement,
whichever occurs later, or for a period of ninety days where
applicable.
(4) Upon receipt of the notice, the parties shall enter
into collective bargaining.
(C) In the event the parties are unable to reach an
agreement, they may submit, at any time prior to forty-five days
before the expiration date of the collective bargaining
agreement, the issues in dispute to any mutually agreed upon
dispute settlement procedure which supersedes the procedures
contained in this section.
(1) The procedures may include:
(a) Conventional arbitration of all unsettled issues;
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(b) Arbitration confined to a choice between the last
offer of each party to the agreement as a single package;
(c) Arbitration confined to a choice of the last offer of
each party to the agreement on each issue submitted;
(d) The procedures described in division (C)(1)(a), (b),
or (c) of this section and including among the choices for the
arbitrator, the recommendations of the fact finder, if there are
recommendations, either as a single package or on each issue
submitted;
(e) Settlement by a citizens' conciliation council
composed of three residents within the jurisdiction of the
public employer. The public employer shall select one member and
the exclusive representative shall select one member. The two
members selected shall select the third member who shall chair
the council. If the two members cannot agree upon a third member
within five days after their appointments, the board shall
appoint the third member. Once appointed, the council shall make
a final settlement of the issues submitted to it pursuant to
division (G) of this section.
(f) Any other dispute settlement procedure mutually agreed
to by the parties.
(2) If, fifty days before the expiration date of the
collective bargaining agreement, the parties are unable to reach
an agreement, any party may request the state employment
relations board to intervene. The request shall set forth the
names and addresses of the parties, the issues involved, and, if
applicable, the expiration date of any agreement.
The board shall intervene and investigate the dispute to
determine whether the parties have engaged in collective
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bargaining.
If an impasse exists or forty-five days before the
expiration date of the collective bargaining agreement if one
exists, the board shall appoint a mediator to assist the parties
in the collective bargaining process.
(3) Any time after the appointment of a mediator, either
party may request the appointment of a fact-finding panel.
Within fifteen days after receipt of a request for a fact-
finding panel, the board shall appoint a fact-finding panel of
not more than three members who have been selected by the
parties in accordance with rules established by the board, from
a list of qualified persons maintained by the board.
(a) The fact-finding panel shall, in accordance with rules
and procedures established by the board that include the
regulation of costs and expenses of fact-finding, gather facts
and make recommendations for the resolution of the matter. The
board shall by its rules require each party to specify in
writing the unresolved issues and its position on each issue to
the fact-finding panel. The fact-finding panel shall make final
recommendations as to all the unresolved issues.
(b) The board may continue mediation, order the parties to
engage in collective bargaining until the expiration date of the
agreement, or both.
(4) The following guidelines apply to fact-finding:
(a) The fact-finding panel may establish times and place
of hearings which shall be, where feasible, in the jurisdiction
of the state.
(b) The fact-finding panel shall conduct the hearing
pursuant to rules established by the board.
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(c) Upon request of the fact-finding panel, the board
shall issue subpoenas for hearings conducted by the panel.
(d) The fact-finding panel may administer oaths.
(e) The board shall prescribe guidelines for the fact-
finding panel to follow in making findings. In making its
recommendations, the fact-finding panel shall take into
consideration the factors listed in divisions (G)(7)(a) to (f)
of this section.
(f) The fact-finding panel may attempt mediation at any
time during the fact-finding process. From the time of
appointment until the fact-finding panel makes a final
recommendation, it shall not discuss the recommendations for
settlement of the dispute with parties other than the direct
parties to the dispute.
(5) The fact-finding panel, acting by a majority of its
members, shall transmit its findings of fact and recommendations
on the unresolved issues to the public employer and employee
organization involved and to the board no later than fourteen
days after the appointment of the fact-finding panel, unless the
parties mutually agree to an extension. The parties shall share
the cost of the fact-finding panel in a manner agreed to by the
parties.
(6)(a) Not later than seven days after the findings and
recommendations are sent, the legislative body, by a three-
fifths vote of its total membership, and in the case of the
public employee organization, the membership, by a three-fifths
vote of the total membership, may reject the recommendations; if
neither rejects the recommendations, the recommendations shall
be deemed agreed upon as the final resolution of the issues
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1938 S. B. No. 1 Page 67
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submitted and a collective bargaining agreement shall be
executed between the parties, including the fact-finding panel's
recommendations, except as otherwise modified by the parties by
mutual agreement. If either the legislative body or the public
employee organization rejects the recommendations, the board
shall publicize the findings of fact and recommendations of the
fact-finding panel. The board shall adopt rules governing the
procedures and methods for public employees to vote on the
recommendations of the fact-finding panel.
(b) As used in division (C)(6)(a) of this section,
"legislative body" means the controlling board when the state or
any of its agencies, authorities, commissions, boards, or other
branch of public employment is party to the fact-finding
process.
(D) If the parties are unable to reach agreement within
seven days after the publication of findings and recommendations
from the fact-finding panel or the collective bargaining
agreement, if one exists, has expired, then the:
(1) Public employees , who are members of a police or fire
department, members of the state highway patrol, deputy
sheriffs, dispatchers employed by a police, fire, or sheriff's
department or the state highway patrol or civilian dispatchers
employed by a public employer other than a police, fire, or
sheriff's department to dispatch police, fire, sheriff's
department, or emergency medical or rescue personnel and units,
an exclusive nurse's unit, employees of Ohio deaf and blind
education services, employees of any public employee retirement
system, corrections officers, guards at penal or mental
institutions, special police officers appointed in accordance
with sections 5119.08 and 5123.13 of the Revised Code,
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1968 S. B. No. 1 Page 68
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psychiatric attendants employed at mental health forensic
facilities, youth leaders employed at juvenile correctional
facilities, or members of a law enforcement security force that
is established and maintained exclusively by a board of county
commissioners and whose members are employed by that
board,prohibited from striking under this division shall submit
the matter to a final offer settlement procedure pursuant to a
board order issued forthwith to the parties to settle by a
conciliator selected by the parties. The parties shall request
from the board a list of five qualified conciliators and the
parties shall select a single conciliator from the list by
alternate striking of names. If the parties cannot agree upon a
conciliator within five days after the board order, the board
shall on the sixth day after its order appoint a conciliator
from a list of qualified persons maintained by the board or
shall request a list of qualified conciliators from the American
arbitration association and appoint therefrom.
The following public employees shall not strike:
(a) Members of a police or fire department;
(b) Members of the state highway patrol;
(c) Deputy sheriffs;
(d) Dispatchers employed by a police, fire, or sheriff's
department or the state highway patrol or civilian dispatchers
employed by a public employer other than a police, fire, or
sheriff's department to dispatch police, fire, sheriff's
department, or emergency medical or rescue personnel and units;
(e) Members of an exclusive nurse's unit;
(f) Employees of Ohio deaf and blind education services;
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1996 S. B. No. 1 Page 69
As Introduced
(g) Employees of any public employee retirement system;
(h) Corrections officers;
(i) Guards at penal or mental institutions;
(j) Special police officers appointed in accordance with
sections 5119.08 and 5123.13 of the Revised Code;
(k) Psychiatric attendants employed at mental health
forensic facilities;
(l) Youth leaders employed at juvenile correctional
facilities;
(m) Members of a law enforcement security force that is
established and maintained exclusively by a board of county
commissioners and whose members are employed by that board;
(n) Full-time faculty members of any state institution of
higher education.
(2) Public employees other than those listed in division
(D)(1) of this section have the right to strike under Chapter
4117. of the Revised Code provided that the employee
organization representing the employees has given a ten-day
prior written notice of an intent to strike to the public
employer and to the board, and further provided that the strike
is for full, consecutive work days and the beginning date of the
strike is at least ten work days after the ending date of the
most recent prior strike involving the same bargaining unit;
however, the board, at its discretion, may attempt mediation at
any time.
(E) Nothing in this section shall be construed to prohibit
the parties, at any time, from voluntarily agreeing to submit
any or all of the issues in dispute to any other alternative
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2024 S. B. No. 1 Page 70
As Introduced
dispute settlement procedure. An agreement or statutory
requirement to arbitrate or to settle a dispute pursuant to a
final offer settlement procedure and the award issued in
accordance with the agreement or statutory requirement is
enforceable in the same manner as specified in division (B) of
section 4117.09 of the Revised Code.
(F) Nothing in this section shall be construed to prohibit
a party from seeking enforcement of a collective bargaining
agreement or a conciliator's award as specified in division (B)
of section 4117.09 of the Revised Code.
(G) The following guidelines apply to final offer
settlement proceedings under division (D)(1) of this section:
(1) The parties shall submit to final offer settlement
those issues that are subject to collective bargaining as
provided by section 4117.08 of the Revised Code and upon which
the parties have not reached agreement and other matters
mutually agreed to by the public employer and the exclusive
representative; except that the conciliator may attempt
mediation at any time.
(2) The conciliator shall hold a hearing within thirty
days of the board's order to submit to a final offer settlement
procedure, or as soon thereafter as is practicable.
(3) The conciliator shall conduct the hearing pursuant to
rules developed by the board. The conciliator shall establish
the hearing time and place, but it shall be, where feasible,
within the jurisdiction of the state. Not later than five
calendar days before the hearing, each of the parties shall
submit to the conciliator, to the opposing party, and to the
board, a written report summarizing the unresolved issues, the
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2053 S. B. No. 1 Page 71
As Introduced
party's final offer as to the issues, and the rationale for that
position.
(4) Upon the request by the conciliator, the board shall
issue subpoenas for the hearing.
(5) The conciliator may administer oaths.
(6) The conciliator shall hear testimony from the parties
and provide for a written record to be made of all statements at
the hearing. The board shall submit for inclusion in the record
and for consideration by the conciliator the written report and
recommendation of the fact-finders.
(7) After hearing, the conciliator shall resolve the
dispute between the parties by selecting, on an issue-by-issue
basis, from between each of the party's final settlement offers,
taking into consideration the following:
(a) Past collectively bargained agreements, if any,
between the parties;
(b) Comparison of the issues submitted to final offer
settlement relative to the employees in the bargaining unit
involved with those issues related to other public and private
employees doing comparable work, giving consideration to factors
peculiar to the area and classification involved;
(c) The interests and welfare of the public, the ability
of the public employer to finance and administer the issues
proposed, and the effect of the adjustments on the normal
standard of public service;
(d) The lawful authority of the public employer;
(e) The stipulations of the parties;
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2080 S. B. No. 1 Page 72
As Introduced
(f) Such other factors, not confined to those listed in
this section, which are normally or traditionally taken into
consideration in the determination of the issues submitted to
final offer settlement through voluntary collective bargaining,
mediation, fact-finding, or other impasse resolution procedures
in the public service or in private employment.
(8) Final offer settlement awards made under Chapter 4117.
of the Revised Code are subject to Chapter 2711. of the Revised
Code.
(9) If more than one conciliator is used, the
determination must be by majority vote.
(10) The conciliator shall make written findings of fact
and promulgate a written opinion and order upon the issues
presented to the conciliator, and upon the record made before
the conciliator and shall mail or otherwise deliver a true copy
thereof to the parties and the board.
(11) Increases in rates of compensation and other matters
with cost implications awarded by the conciliator may be
effective only at the start of the fiscal year next commencing
after the date of the final offer settlement award; provided
that if a new fiscal year has commenced since the issuance of
the board order to submit to a final offer settlement procedure,
the awarded increases may be retroactive to the commencement of
the new fiscal year. The parties may, at any time, amend or
modify a conciliator's award or order by mutual agreement.
(12) The parties shall bear equally the cost of the final
offer settlement procedure.
(13) Conciliators appointed pursuant to this section shall
be residents of the state.
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2109 S. B. No. 1 Page 73
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(H) All final offer settlement awards and orders of the
conciliator made pursuant to Chapter 4117. of the Revised Code
are subject to review by the court of common pleas having
jurisdiction over the public employer as provided in Chapter
2711. of the Revised Code. If the public employer is located in
more than one court of common pleas district, the court of
common pleas in which the principal office of the chief
executive is located has jurisdiction.
(I) The issuance of a final offer settlement award
constitutes a binding mandate to the public employer and the
exclusive representative to take whatever actions are necessary
to implement the award.
Sec. 4117.15. (A) Whenever a strike by members of a police
or fire department, members of the state highway patrol, deputy
sheriffs, dispatchers employed by a police, fire, or sheriff's
department or the state highway patrol or civilian dispatchers
employed by a public employer other than a police, fire, or
sheriff's department to dispatch police, fire, sheriff's
department, or emergency medical or rescue personnel and units,
an exclusive nurse's unit, employees of Ohio deaf and blind
education services, employees of any public employee retirement
system, correction officers, guards at penal or mental
institutions, or special police officers appointed in accordance
with sections 5119.08 and 5123.13 of the Revised Code,
psychiatric attendants employed at mental health forensic
facilities, youth leaders employed at juvenile correctional
facilities, or members of a law enforcement security force that
is established and maintained exclusively by a board of county
commissioners and whose members are employed by that board public
employees who are prohibited from striking under division (D)(1)
of section 4117.14 of the Revised Code , a strike by other public
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2140 S. B. No. 1 Page 74
As Introduced
employees during the pendency of the settlement procedures set
forth in section 4117.14 of the Revised Code, or a strike during
the term or extended term of a collective bargaining agreement
occurs, the public employer may seek an injunction against the
strike in the court of common pleas of the county in which the
strike is located.
(B) An unfair labor practice by a public employer is not a
defense to the injunction proceeding noted in division (A) of
this section. Allegations of unfair labor practices during the
settlement procedures set forth in section 4117.14 of the
Revised Code shall receive priority by the state employment
relations board.
(C) No public employee is entitled to pay or compensation
from the public employer for the period engaged in any strike.
Section 2. That existing sections 3335.02 , 3335.09,
3337.01, 3339.01, 3341.02, 3343.02, 3344.01, 3345.45, 3350.10,
3352.01, 3356.01, 3359.01, 3361.01, 3362.01, 3364.01, 4117.14,
and 4117.15 of the Revised Code are hereby repealed.
Section 3. That section 3333.045 of the Revised Code is
hereby repealed.
Section 4. The Department of Higher Education shall
conduct a feasibility study about implementing bachelor's degree
programs that require three years to complete in this state. The
study shall investigate a variety of fields of study and
determine the feasibility of reducing specific course
requirements, quantity of electives, and total credit hours
required for graduation. However, the study shall not include
the use of College Credit Plus or any other current programs
used to accelerate degree programs. Finally, the study shall
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As Introduced
present and evaluate potential issues related to accreditation.
Not later than one year after the effective date of this
section, the Department shall submit to the General Assembly, in
accordance with section 101.68 of the Revised Code, a report
about the study's findings.
Section 5. This act shall be known as The Advance Ohio
Higher Education Act.
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