Text of OH SB 1 (2025)

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 L L 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 S. B. No. 1 Page 2 As Introduced 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; 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 S. B. No. 1 Page 3 As Introduced (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; 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 S. B. No. 1 Page 4 As Introduced (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 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 S. B. No. 1 Page 5 As Introduced 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 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 S. B. No. 1 Page 6 As Introduced 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 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 S. B. No. 1 Page 7 As Introduced 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. 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 S. B. No. 1 Page 8 As Introduced 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 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 S. B. No. 1 Page 9 As Introduced 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 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 S. B. No. 1 Page 10 As Introduced 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. 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 S. B. No. 1 Page 11 As Introduced (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 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 S. B. No. 1 Page 12 As Introduced 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 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 S. B. No. 1 Page 13 As Introduced 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 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 S. B. No. 1 Page 14 As Introduced 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 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 S. B. No. 1 Page 15 As Introduced 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. 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 S. B. No. 1 Page 16 As Introduced 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. 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 S. B. No. 1 Page 17 As Introduced 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; 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 S. B. No. 1 Page 18 As Introduced (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 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 S. B. No. 1 Page 19 As Introduced 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 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 S. B. No. 1 Page 20 As Introduced 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 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 S. B. No. 1 Page 21 As Introduced 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 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 S. B. No. 1 Page 22 As Introduced 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 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 S. B. No. 1 Page 23 As Introduced 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 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 S. B. No. 1 Page 24 As Introduced 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, 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 S. B. No. 1 Page 25 As Introduced 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 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 S. B. No. 1 Page 26 As Introduced 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: 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 S. B. No. 1 Page 27 As Introduced (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 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 S. B. No. 1 Page 28 As Introduced 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; 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 S. B. No. 1 Page 29 As Introduced (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 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 S. B. No. 1 Page 30 As Introduced 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. 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 S. B. No. 1 Page 31 As Introduced (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 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 S. B. No. 1 Page 32 As Introduced 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 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 S. B. No. 1 Page 33 As Introduced 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 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 S. B. No. 1 Page 34 As Introduced 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 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 S. B. No. 1 Page 35 As Introduced 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. 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 S. B. No. 1 Page 36 As Introduced 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 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 S. B. No. 1 Page 37 As Introduced 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 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 S. B. No. 1 Page 38 As Introduced 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 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 S. B. No. 1 Page 39 As Introduced 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 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 S. B. No. 1 Page 40 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: 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 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: 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 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 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 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 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 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 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 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 universityThe 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 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 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 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 S. B. No. 1 Page 47 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 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 S. B. No. 1 Page 48 As Introduced 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 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 S. B. No. 1 Page 49 As Introduced 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 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 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. 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 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 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 1483 1484 1485 1486 1487 1488 1489 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. 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 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 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 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 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 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 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 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 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 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 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 1673 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 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 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. 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 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 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 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 1764 1765 1766 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 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, 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 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; 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 S. B. No. 1 Page 64 As Introduced (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 1852 1853 1854 1855 1856 1857 1858 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869 1870 1871 1872 1873 1874 1875 1876 1877 1878 1879 1880 S. B. No. 1 Page 65 As Introduced 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. 1881 1882 1883 1884 1885 1886 1887 1888 1889 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 S. B. No. 1 Page 66 As Introduced (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 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 S. B. No. 1 Page 67 As Introduced 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, 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 S. B. No. 1 Page 68 As Introduced 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; 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 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 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 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 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 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; 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 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. 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 S. B. No. 1 Page 73 As Introduced (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 boardpublic employees who are prohibited from striking under division (D)(1) of section 4117.14 of the Revised Code, a strike by other public 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 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 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 S. B. No. 1 Page 75 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. 2170 2171 2172 2173 2174 2175 2176

(136th General Assembly) (Substitute Senate Bill Number 1) AN ACT 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, 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; (D) Professional accounting and reporting standards; Sub. S. B. No. 1 136th G.A. 2 (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; (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 Sub. S. B. No. 1 136th G.A. 3 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 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 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. Sub. S. B. No. 1 136th G.A. 4 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 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. 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 Sub. S. B. No. 1 136th G.A. 5 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. 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 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 Sub. S. B. No. 1 136th G.A. 6 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. (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 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 Sub. S. B. No. 1 136th G.A. 7 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 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 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 Sub. S. B. No. 1 136th G.A. 8 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 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. 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 Sub. S. B. No. 1 136th G.A. 9 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. 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; (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) Beginning in the 2026-2027 academic year, each state institution of higher education shall make a syllabus for each undergraduate course it offers for college credit publicly available by Sub. S. B. No. 1 136th G.A. 10 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 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 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 Sub. S. B. No. 1 136th G.A. 11 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. (G) Nothing in this section shall be construed to require a publicly available syllabus to include the location or time of day at which a course is being held. 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 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, with regard to those individuals' race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression. (B) Each state institution of higher education shall prominently post the statement of commitment developed under this section on its publicly accessible web site and alongside the state institution's mission statement in any place in which the mission statement appears, including when it is published or posted. Each institution shall include the statement of commitment in any solicitations and offers of admission to students and any offers of employment to faculty. 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 the institution shall enforce a policy that Sub. S. B. No. 1 136th G.A. 12 requires 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, unless the institution submits a written request for an exception to the chancellor of higher education because the institution determines the orientation or training course is exempt from that prohibition because all aspects of the orientation or course are required to do any of the following: (I) Comply with state and federal laws or regulations; (II) Comply with state or federal professional licensure requirements; (III) Obtain or retain accreditation. The exception request shall include an explanation of the circumstances and the effort made by the institution to comply with division (B)(1)(a)(i) of this section. (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 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. 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) Sub. S. B. No. 1 136th G.A. 13 (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 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, 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 Sub. S. B. No. 1 136th G.A. 14 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 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)(1) Nothing in this section prohibits faculty or students from classroom instruction, discussion, or debate, so long as faculty members allow students to express intellectual diversity. (2) Nothing in this section prohibits a state institution of higher education from complying with any state or federal law to provide disability services or to permit student organizations, including fraternities and sororities. (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: (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 Sub. S. B. No. 1 136th G.A. 15 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 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; (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 Sub. S. B. No. 1 136th G.A. 16 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) The president of a state institution of higher education, or the president's designee, may exempt a student from the requirement to complete a course described in division (B) of this section, if the president or designee determines that the student has completed at least one of the following: (1) A course offered under the college credit plus program established under Chapter 3365. of the Revised Code that satisfies the content requirements described in division (B) of this section and is approved by the chancellor; (2) An advanced placement course and examination that satisfy the content requirements described in division (B) of this section and are approved by the chancellor, and the student receives a score of three or higher on that examination; (3) At least three credit hours, or the equivalent, in a course in the subject area of American history or American government. (E) 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 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 Sub. S. B. No. 1 136th G.A. 17 to include multiple pathways for faculty tenure, one of which may be a commercialization pathway, in its policy. (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 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 Sub. S. B. No. 1 136th G.A. 18 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 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 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 Sub. S. B. No. 1 136th G.A. 19 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 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. 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. Sub. S. B. No. 1 136th G.A. 20 (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 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 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 Sub. S. B. No. 1 136th G.A. 21 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 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 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" and "state university" have the same meanings 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: Sub. S. B. No. 1 136th G.A. 22 (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: (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, if requested by the chairperson of the senate or house committee that considers higher education legislation, the president of each state university and the chancellor of higher education shall present in the appropriate hearings conducted by that committee to provide commentary on trends, potential justifications, or other explanations regarding the university'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: (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 Sub. S. B. No. 1 136th G.A. 23 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 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 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. Sub. S. B. No. 1 136th G.A. 24 (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 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 universityThe 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 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 Sub. S. B. No. 1 136th G.A. 25 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 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 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 Sub. S. B. No. 1 136th G.A. 26 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 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 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 Sub. S. B. No. 1 136th G.A. 27 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. 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 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 Sub. S. B. No. 1 136th G.A. 28 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. 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 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. Sub. S. B. No. 1 136th G.A. 29 (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 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 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 Sub. S. B. No. 1 136th G.A. 30 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 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 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 Sub. S. B. No. 1 136th G.A. 31 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 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 Sub. S. B. No. 1 136th G.A. 32 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. (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 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 Sub. S. B. No. 1 136th G.A. 33 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 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, 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. Sub. S. B. No. 1 136th G.A. 34 (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; (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 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 Sub. S. B. No. 1 136th G.A. 35 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. (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 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. Sub. S. B. No. 1 136th G.A. 36 (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, 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; (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; Sub. S. B. No. 1 136th G.A. 37 (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 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 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, Sub. S. B. No. 1 136th G.A. 38 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; (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. (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 Sub. S. B. No. 1 136th G.A. 39 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 boardpublic employees who are prohibited from striking under division (D)(1) of section 4117.14 of the Revised Code, a strike by other public 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 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 Sub. S. B. No. 1 136th G.A. 40 study's findings. SECTION 5. This act shall be known as The Advance Ohio Higher Education Act. Sub. S. B. No. 1 136th G.A. Speaker ___________________ of the House of Representatives. President ___________________ of the Senate. Passed ________________________, 20____ Approved ________________________, 20____ Governor. Sub. S. B. No. 1 136th G.A. The section numbering of law of a general and permanent nature is complete and in conformity with the Revised Code. Director, Legislative Service Commission. Filed in the office of the Secretary of State at Columbus, Ohio, on the ____ day of ___________, A. D. 20____. Secretary of State. File No. _________ Effective Date ___________________