Ohio Admin. Code 3358:5-3-01 - Categories of employment

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The purpose of this policy is to have defined employee categories that are applied in a consistent manner for the college.

(A) Definitions:

Employee - The designation "employee" applies to any individual who is listed on the college's payroll.

Adjunct faculty - The designation "adjunct faculty" are instructional faculty who are employed on a semester-by-semester basis and work less than a full-time load. Adjunct faculty on a salary contract may teach up to twelve contact hours in fall semester, twelve contact hours in spring semester and eight contact hours in summer semester. Adjunct faculty on an hourly (time-sheet) contract may teach up to an average of twenty-seven hours per week per semester. Adjunct faculty who teach on both a salary and an hourly contract should consult with a full-time faculty coordinator or school dean regarding their teaching assignments to ensure they do not exceed the limits.

Exempt and non-exempt - The terms exempt and non-exempt refer to the status of a position under the federal wage and hour laws. Specifically, non-exempt positions are eligible for overtime pay under the Fair Labor Standards Act, and exempt positions are exempt from the overtime provision of the law. Exempt staff may also teach for the college as long as they teach outside their normal work hours and abide by the teaching limits imposed on adjunct faculty.

Full-time employee - The designation "full-time employee" applies to any person employed for the full work week of forty hours or two thousand eighty hours hours per year and not covered under the definition of faculty.

Full-time faculty - The designation "full-time faculty" applies to all full-time faculty members who facilitate student learning. Full-time faculty work one hundred seventy three contract days during the academic year (August to May). In some instances, full-time faculty work under a twelve month contract, as determined by academic affairs.

(1) Multiple-year contracts

(a) Upon completion of four years of service to the college under single year contracts, faculty members may be nominated by their school administrator for a multiple-year contract. Upon the completion of two two-year contracts, faculty members may be offered a three-year contract. Subsequent contracts may be offered for one, two or three years as recommended by the president and approved by the board of trustees.

Faculty that hold the rank of professor may be granted a five-year contract if specific circumstances are met. Some of those circumstances may include: recommendation from the academic dean, review of previous end of year reports, and review of evaluations. All contracts must be approved and recommended by the president and approved by the board of trustees.

(b) A multiple-year contract indicates a commitment of service to the college but does not guarantee that appointments, such as program coordinator, will be included in one particular position. If the position of employment changes, the salary shall be recomputed at the same daily rate of pay.

(c) Upon approving the divisional administrator's recommendations for a multiple- year contract, the provost and vice president of academic affairs forwards their recommendations to the president. The president takes the recommendations to the board of trustees for formal approval.

(d) Any eligible faculty member not recommended for a multiple-year contract may request a hearing with the school administrator. Any further review shall be conducted in accordance with procedures set out in the grievance procedures.

(e) Faculty members whose salary is funded by a grant or third party will receive one-year contracts with the employment contingent on the continuance of the funding.

(B) Definitions:

Intern - The term "intern" refers to a person who works, with or without pay, in order to gain work experience.

Part-time employee - The designation "part-time employee" includes any individual employed less than thirty hours per week and not covered under the definition of "faculty."

Student employee - The term "student employee" is a person who is currently enrolled as a student at the college and is employed in a part-time, hourly position on campus utilizing either federal or college work study funding.

Substitute employee - The term "substitute employee" applies to those employees who are hired for a limited period to perform specific tasks for the convenience of the college.

Supplemental staff - The designation "supplemental staff" refers to persons teaching credit or non-credit courses in the continuing educations, business and industry units.

Temporary employee - The designation "temporary employee" applies to those employees who provide non-teaching services and are typically contracted through a staffing agency on an as-needed basis per semester.

Volunteer - The designation "volunteer" applies to those who perform hours of service for the college without promise, expectation or receipt of compensation for services rendered. Volunteers are not employees of the college.

Replaces: 3358:5-3-01

Notes

Ohio Admin. Code 3358:5-3-01

Effective: 5/6/2025
Promulgated Under: 111.15
Statutory Authority: 3358.
Rule Amplifies: 3358.
Prior Effective Dates: 03/13/1978, 01/01/1994, 07/12/1996, 07/01/1998, 10/09/2002, 01/06/2003, 04/01/2003, 02/26/2004, 03/07/2005, 02/01/2007, 08/26/2011, 08/20/2012, 01/31/2013, 03/18/2015, 02/07/2022

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

Employees are classified in one of the following groups: exempt staff, non-exempt staff, faculty, adjunct faculty, and other. "Other" employees are classified within one of the following groups: personnel services or substitutes.

(A) Exempt staff

(1) Exempt staff hold regular operational positions with the following characteristics:

(a) Are compensated on a salary basis;

(b) Are exempt from minimum wage and overtime compensation;

(d) Have required specific knowledge and skills;

(e) Are engaged in primarily intellectual work;

(f) May direct the work of one or more people;

(g) May have the authority to recommend hiring and firing.

(2) Exempt staff are appointed as either full-time (those who work between two hundred days and two hundred sixty days) or part-time (those who work less than two hundred days).

(3) Exempt staff are appointed on an employment at-will basis with the first ninety days considered a job trial period. Continuing employment is contingent upon successfully completing the job trial period as determined by the immediate supervisor and the director of human resources.

(4) Continuing employment for all exempt staff is contingent upon satisfactory performance as determined by the performance management system and provisions of the personnel retrenchment procedures (rule 3358:5-3-03.1 of the Administrative Code). Continuing employment for those whose salary is funded by a third party is also contingent on the continuance of the funding. Continuing employment for those employed in auxiliary enterprise units is also contingent upon the financial condition of the auxiliary enterprise.

(5) Exempt staff holding faculty rank are governed by certain sections in the faculty handbook.

(6) Please refer to paragraph (D)(1)(e) of this rule regarding the ability of exempt employees teaching for the college on an adjunct basis.

(B) Non-exempt staff

(1) Non-exempt staff are those administrative support, technical, custodial and maintenance personnel holding regular operational positions and who support the college's exempt staff and faculty.

(2) Non-exempt staff are covered by the federal wage hour law which provides for minimum wage and overtime/compensatory time for hours worked in excess of forty per week.

(3) Non-exempt staff are appointed as either full-time (those who work between sixteen hundred hours and two thousand eighty per year) or part-time (those who work less than sixteen hundred hours per year).

(4) Non-exempt staff are appointed on an employment at-will basis with the first ninety days considered a job trial period. Continuing employment is contingent upon successfully completing the job trial period as determined by the immediate supervisor and the director of human resources.

(5) Continuing employment for all non-exempt staff is contingent upon satisfactory performance as determined by the performance management system and provisions of the personnel retrenchment procedures (rule 3358:5-3-03.1 of the Administrative Code). Continuing employment for those whose salary is funded by a third party is also contingent on the continuance of the funding. Continuing employment for those employed in auxiliary enterprise units is also contingent upon the financial condition of the auxiliary enterprise.

(6) Please refer to paragraph (D)(1)(e) of this rule regarding the ability of non-exempt employees teaching for the college on an adjunct basis.

(1) Faculty are those employees who facilitate student learning. Instructional faculty work one hundred seventy-three days during the academic year (August through May). Instructional faculty may be appointed to work one hundred seventy-three days during the academic year with a teaching load of less than full-time.

(2) Multiple-year contracts

(a) Upon the completion of four years of service to the college under singleyear contracts, faculty members may be nominated by their ~~divisional administrator for a multiple-year contract. Upon the completion of two two-year contracts, faculty members may be offered a three-year contract.~~ school administrator for a multiple-year contract. Upon the completion of two two-year contracts, faculty members may be offered a three-year contract. Subsequent contracts may be offered for one, two, or three years as recommended by the president and approved by the board of trustees. Faculty that hold the rank of professor may be granted a five-year contract if specific circumstances are met. Some of those circumstances may include: recommendation from the academic dean, review of previous end of year reports, and review of evaluations. All contracts must be approved and recommended by the president and approved by the board of trustees.

(b) A multiple-year contract indicates a commitment of service to the college but does not guarantee that all of that service will be in one particular position, such as program coordinator. If the position of employment changes, the salary shall be recomputed at the same daily rate of pay.

(c) Upon approving the divisional administrator's recommendations for a multiple-year contract, the vice president of academic and student affairs forwards his/her recommendations to the president. The president takes the recommendations to the board of trustees for formal approval.

(d) Any eligible faculty member not recommended for a multiple-year contract may request a hearing with the divisional administrator. Any further review shall be conducted in accordance with procedures set out in the grievance procedures.

(3) Faculty members whose salary is funded by a third party will receive one-year contracts with the employment contingent on the continuance of the funding.

(4) For details regarding the diversity fellowship program and temporary fulltime faculty, please refer to rules 3358:5-3-01.1 and 3358:5-3-01.2 of the Administrative Code.

(D) Adjunct faculty

(1) Adjunct faculty shall be placed in one of the following categories:

(a) Adjunct faculty with a semester contract

(i) Ranked adjunct faculty employed to teach one or more credit courses for one semester.

(ii) Adjunct faculty may teach up to ~~twenty-one credit hours per academic year~~ fifteen credits per semester. Faculty who provide exclusively laboratory and/or clinical instruction may teach up to fourteen lab contact hours or twenty-eight clinical contact hours per week. Total credit hours and contact hours taught per academic year may not exceed the equivalency of ~~twenty-one credit hours.~~ thirty semester load hours.

(iii) Adjunct faculty are contracted for individual courses.

(iv) This paragraph does not pertain to those teaching non-credit continuing education courses and business and industry training.

(v) Adjunct faculty must meet the regular full-service faculty rank criteria in order to become a ranked adjunct faculty member. The highest initial rank upon employment is that of adjunct instructor II. Initial classification and ranking is determined by the dean of the respective ~~division~~ school. Adjunct faculty must meet specific criteria to be eligible for promotion in rank to adjunct instructor III and to adjunct instructor IV.

(b) Special supplemental staff: persons teaching credit or non-credit courses in the continuing education and business and industry units.

(d) Long-term substitute: persons substituting in a long-term situation.

(e) College staff: exempt and non-exempt staff may teach for the college as long as they teach outside their normal work hours and abide by the teaching limits imposed on adjunct faculty with a semester contract as stated in paragraph (D)(1)(a)(ii) of this rule.

(2) Please refer to rule 3358:5-5-01.4 of the Administrative Code for details regarding the pay rate for adjunct faculty.

(E) Personnel services employees are those employees who provide non-teaching services for the convenience of the college. Personnel services employees are contracted on a semester basis as the need arises.

(F) Substitute employees are those employees who are hired for a limited period to perform a specific task for the convenience of the college.

Notes

Ohio Admin. Code 3358:5-3-01

Effective: 2/7/2022
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358
Prior Effective Dates: 03/13/1978, 01/01/1994, 07/12/1996, 07/01/1998, 10/09/2002, 01/06/2003, 04/01/2003, 02/26/2004, 03/07/2005, 02/01/2007, 08/26/2011, 08/20/2012, 01/31/2013, 03/18/2015