CHAPTER 1 – COLLEGE GOVERNANCE
1.01. Powers of the Faculty and of College of Law Committees.
All formal actions of the College of Law, including any amendment to the Rules of the College of Law, shall be made in faculty meetings called and conducted pursuant to the rules of the College of Law.
Source: Faculty minutes, April 14, 1976.
1.02. College of Law Committees.
A. Committees and Functions. There shall be seven committees with the following major functions:
Admissions: To consider and pass on applications for admission and readmission, and to be concerned with student financial aid.
Administration: To be concerned with budgetary matters, alumni affairs, the law library, overseeing the Honor Code, student activities of a noncurricular nature, and such other matters, as assigned by the Dean, that are not regularly assigned to one of the other College committees.
Academic Affairs: To be concerned with consideration of new courses and curricular planning (including clinical offerings); and student petitions on such matters as load lightening, transient status, scheduling, and student probation.
Appointments: To be concerned with initial faculty appointments of all types other than regular clinical-track appointments.
Promotion and Tenure: To be concerned with tenure-track faculty promotion and tenure questions and recommendations for amendments to the rules on promotion and tenure.
Diversity and Inclusion: To be concerned with all matters relating to diversity and minority affairs of the College community, but not to the exclusion of similar concerns by other committees within their areas of activity.
Long-Range Planning: To be concerned with long-range planning (including the future of legal education, the physical facility, new programs, cooperation with University planning activities, and coordination with various constituencies and with other College
committees concerning action recommended to or undertaken by the faculty).
B. Chairpersons; restrictions. No one shall be required to serve as a committee
chairperson in two consecutive years.
C. Faculty Membership. The Dean shall appoint faculty members to committees, except that no faculty member shall be required to serve on the Appointments Committee, the Promotion and Tenure Committee, or the Academic Affairs Committee more than three years out of five. The faculty must comprise a majority of the membership of any committee.
D. Staff Membership. The Dean may appoint staff of the College of Law who is not members of the College of Law faculty to serve on College committees.
E. Student Membership. Students shall serve on all standing and ad hoc committees of the College, other than the College Investigation Committee. Of the faculty and students serving on any committee, the students shall comprise approximately one-third.
F. Ex Officio Membership. The Dean may appoint any person to serve as an ex officio member of any committee. Ex officio members have no vote and are not to be counted toward quorum requirements or the committee composition requirements set forth in divisions C through E of this Rule.
G. Student Selection. The President of the Student Bar Association shall be one of the student members of the Administration Committee. All other student members of College committees shall be selected in a manner determined by the Student Bar Association.
H. Voting Faculty are entitled to vote on all committee matters. Staff and students shall be entitled to vote within their respective committees on all questions, with three exceptions. Staff and student members may not vote on any matter coming before the Promotion and Tenure Committee, and may not consider or vote on individual cases coming before the Academic Affairs Committee or the Admissions Committee. However, the prohibition on staff voting on individual cases coming before the Admissions Committee does not apply to the Associate or Assistant Deans of Admissions should those positions be held by persons who are not members of the faculty.
I. The Academic Affairs Committee may designate a subcommittee to handle any student petition filed under these Faculty Rules. The subcommittee shall consist of the Chair, at least two voting faculty members, and ex officio, the Associate Dean for Academic Affairs. The decision of the subcommittee shall have the same force and effect as a decision of the Committee.
Source: Faculty minutes, April 14, 1976, May 19, 1976, April 12,
1978, April 18, 1979, November 28, 1979, February 22, 1984, October 2,1985, November 10, 1988, March 4, 1998, September 23, 1998, March 17, 1999, February 12, 2003, May 2, 2007, and May 5, 2011.
1.03. Faculty Meetings: Attendance and Voting Rights.
A. Faculty. Except as otherwise specified by these rules, all members of the College faculty, as defined in Rule 3335-5-19(A) and (B) of the Rules of the University Faculty, shall be entitled to attend, participate in, and vote at College faculty meetings. Except as otherwise specified by these rules, all adjunct professors, visiting faculty members, faculty members with joint appointments whose tenuring unit is not the College of Law who have not been granted a right to vote by the faculty, and staff attorneys shall be entitled to attend and to participate in such meetings, but shall not be entitled to vote.
B. Staff and Students. The President of the Student Bar Association shall be permitted to attend and participate, without vote, in faculty meetings. When a matter reported by a committee, or a matter placed on the agenda and within the jurisdiction of a specific committee, is before the
faculty, staff and student members of the committee may attend the meeting during, and participate in, the discussion of the reported matter and have a full vote on that matter, except that they shall not be entitled to vote on individual student petitions or admission applications, on individual cases involving faculty appointments, or on any matter coming from the Promotion and
Tenure Committee. Notwithstanding the foregoing, the faculty may decide by majority vote to exclude staff and students from attendance during deliberation on matters authorized for executive
session under Rule 1.06(B).
Source: Faculty minutes, April 14, 1976, May 19, 1976, February
22, 1984, April 1, 1998, March 17, 1999, February 12, 2003, and April 5, 2012.
1.04. Faculty and Committee Meetings; When and By Whom Called.
A. Regular Faculty Meetings. Regular meetings of the faculty shall be held on Thursday afternoons at least once each month in accordance with a schedule established by the Dean at the beginning of each semester.
B. Special Faculty Meetings. A special faculty meeting may be called by the Dean for any Thursday afternoon on which no regular faculty meeting has previously been scheduled. The Dean shall call a special faculty meeting upon the signed request of any seven faculty members. Special faculty meetings should not be utilized for business that can reasonably be conducted within the schedule of regular faculty meetings.
C. Emergency Special Faculty Meetings. Where action is required that cannot
reasonably be postponed until the following Thursday, the Dean may call an emergency special faculty meeting for any reasonable time.
D. Committee Meetings. Committee meetings shall be called by the chairperson of the committee in question. Thursday afternoons from 12:10 to 2:15 p.m., when there is no regular or special faculty meeting, may be reserved by faculty members and utilized by committee chairpersons for committee meetings. Committee meetings may be called for other times, where required.
Source: Faculty minutes, April 14, 1976, March 17, 1999, and
January 13, 2011.
1.05. Notice of Faculty Meetings
A. Authority. This rule is adopted in compliance with, and under the authority of Ohio Revised Code section 121.22(f), as amended, effective November 28, 1975.
B. Regular Meeting Schedule. At the beginning of each semester, the Dean shall distribute to the College faculty, post on the College main floor closed bulletin board, and mail to all persons who have supplied self-addressed stamped envelopes for that purpose, a schedule of regular meetings of the faculty.
C. Special Faculty Meetings. At least four calendar days prior to any special faculty meeting, the Dean shall distribute to the full-time faculty, post on the College main floor closed bulletin board, and mail to all persons who have provided self-addressed stamped envelopes for that purpose notice of the date, time, and place of such meeting.
D. Emergency Special Faculty Meetings. As early as possible, prior to any emergency special faculty meeting, the Dean shall distribute to the full-time faculty, post on the College main floor closed bulletin board, and mail to all persons who have provided self-addressed stamped envelopes for that purpose notice of the date, time, and place of such meeting. The Dean shall also notify the clerk of the State House Press Room of the time and place of the meeting.
E. Agendas of Faculty Meetings. At least 48 hours prior to any faculty meeting, except an emergency special faculty meeting, the Dean shall distribute to the full-time faculty, post on the College main floor closed bulletin board, and mail to all persons who have provided selfaddressed
stamped envelopes for that purpose the agenda for such meeting.
F. Public Information. Any person may determine the time, place, and agenda of all faculty meetings by:
l. Writing to the Dean, College of Law, The Ohio State University, 55 West
12th Avenue, Columbus, Ohio 43210;
2. Calling the Office of the Dean, College of Law, The Ohio State University;
3. Consulting the closed bulletin board located in the main floor corridor of The Ohio State University College of Law.
G. Delegation. In giving the notices required by this rule, the Dean may rely on
assistance provided by a member of his or her staff and any such notice is complete if given by such member in the manner provided in this rule.
Source: Faculty minutes, April 14, 1976, and March 17, 1999.
1.06. Faculty Meetings; Required to Be Open; Executive Sessions.
A. Open Meetings. All meetings of the faculty shall be open to the public for observation (but not for participation), subject to adjournment to executive session for deliberations on such matters as are authorized by Ohio Revised Code section 121.22(G). All resolutions, rules, or formal action by the College faculty shall be adopted in open session.
B. Executive Sessions. The Dean shall be empowered to adjourn any faculty meeting to executive session for purposes of deliberating upon such matters as are authorized for executive session by Ohio Revised Code section 121.22(G).
Source: Faculty minutes, April 14, 1976.
1.07. Distribution of Materials for Faculty Consideration.
Committee Reports and recommendations and other matters for consideration by the faculty shall be distributed to the faculty and to students entitled to attend and participate at least five days preceding the meeting at which it is to be considered. In appointments matters, a fortyeight hour notice shall suffice with regard to specific individuals being recommended if a five-day notice has been given that such recommendations may be made. Such distribution shall be made by the chairperson of the committee or the faculty proponent of the matter for consideration.
Source: Faculty minutes, April 14, 1976, and September 3, 1987.
1.08. Changes or Amendments.
To facilitate expeditious disposition of matters for consideration at faculty meetings, faculty members or students who propose amendments to or substitutes for committee recommendations shall, wherever possible, circulate their proposals to the faculty and to students entitled to attend and participate in faculty meeting consideration of the matter, in advance of the meeting at which the committee report is scheduled for consideration.
Source: Faculty minutes, April 14, 1976.
For the transaction of ordinary faculty business, a quorum shall consist of a majority of the members of the College faculty, as defined in Rule 3335-5-19(A) and (B) of the Rules of the University Faculty, who are not on leave, or if on leave are present at the meeting, as defined in Rule 1.11.
Source: Faculty minutes, April 14, 1976, March 17, 1999, May 7,
2003, and April 5, 2012.
1.10. College Investigation Committee.
A. The College shall establish a College Investigation Committee to carry out the duties described in University Faculty Rule 3335-5-04(E). The committee shall consist of six tenured faculty members from the College of Law and one tenured faculty member from outside of the College of Law. The outside member may not be a person eligible to vote on appointment matters at the College of Law. Four of the College of Law faculty members shall serve as regular Deans of the College of Law shall not be eligible to serve as members of the committee, nor shall any faculty member serving in an administrative capacity in the University on a full-time basis.
B. Each member of the College Investigation Committee shall serve for a term of two years, commencing on June 1 of the year such member is elected. Two regular and one alternative members of the committee from the College of Law shall be selected each year. The outside member shall be elected every other year.
C. Each year, all members of the College faculty who hold the rank of assistant professor, associate professor, professor, assistant clinical professor, associate clinical professor, or clinical professor, shall be given a ballot consisting of the names of all College faculty eligible to serve on the Committee, as provided in section A, above. Persons who are completing a two-year term as a regular member of the committee may have their name excluded from this ballot upon request. To be valid, a ballot must contain one vote for each position being voted on in that year. When these votes are tallied, a second ballot shall be circulated to the faculty containing the names of those five persons receiving the highest number of votes in the first ballot. If there is a tie for the fifth place, any faculty members tied for fifth place shall be included in the second ballot. The members of the faculty eligible to vote in the first ballot may also vote on this second ballot. To be valid in the run-off election, a ballot must again contain one vote for each position being voted upon. The two faculty members receiving the highest number of votes shall be regular members of the committee. The faculty member receiving the third highest number of votes shall be the alternate. If there are ties, they shall be broken by a coin toss.
D. In years in which a committee member from outside the college must be selected, the Dean shall solicit from the College faculty the names of eligible faculty members from outside the College of Law. The Dean shall contact these persons and ask them if they are willing to serve on the College Committee. The names of those persons willing to serve will be entered onto a ballot and all members of the College faculty eligible to vote on appointments matters shall be entitled
to vote for one of the names on the ballot. If no single name receives a vote of the majority of the faculty casting ballots, a run-off shall be held between the two persons who received the most votes.
E. At the first election of the members of the College Investigation committee, six faculty members of the College of Law and one faculty member from outside of the College shall be selected as members of the Committee. The run off shall be among the ten members of the College and two outside members receiving the highest number of votes. The two members of the College receiving the highest number of votes shall be elected for two year regular terms, the next two for one year regular terms, the fifth for a two year alternate term, and the sixth for a one year alternate term.
F. An alternate member shall serve in the determination of a matter that comes before the committee in the event of a regular member’s unavailability, incapacity, or recusal, whether voluntarily or upon the majority vote of the committee based on conflict of interest in the circumstances surrounding the complaint.
Source: Faculty minutes, June 1, 1994, and February 12, 2003.
1.11. Voting; Proxies.
Subject to the limitations on use of proxies in Rules 14.03 and 14.06, all actions of the College faculty shall be decided by a majority of those voting either in person or by proxy. All proxies must be in writing and filed with the Dean or Associate Dean for Academic Affairs before the proxy is used. For the purposes of this Rule, Rule 1.09, Rule 14.03(F)(3), and Rule 14.06(C)(6) only, “in person” or “present” means physical presence or, in appropriate 9 circumstances when authorized by the Dean, presence by other means which allow for participation in the meeting. Appropriate circumstances include, but are not limited to, professional responsibilities, illness or care of family members that preclude or impair physical presence at a meeting.
Source: Faculty minutes, April 14, 1976, March 17, 1999, May
7, 2003 and November 1, 2018.
1.12. Notice to Students of Faculty Action.
Subject to the limitations on use of proxies in Rules 14.03 and 14.06, all actions of the College faculty shall be decided by a majority of those voting either in person or by proxy. All proxies must be in writing and filed with the Dean or Associate Dean for Academic Affairs before the proxy is used. For the purposes of this Rule, Rule 1.09, Rule 14.03(F)(3), and Rule 14.06(C)(6) only, “in person” or “present” means physical presence or, in appropriate circumstances when authorized by the Dean, presence by other means which allow for participation in the meeting. Appropriate circumstances include, but are not limited to, professional responsibilities, illness or care of family members that preclude or impair physical presence at a meeting.
Source: Faculty minutes, April 14, 1976, and March 17, 1999.
1.13. Petition for Open Hearing.
On petition of 10% of the student body, a committee shall hold an open hearing for the purpose of hearing student opinion on legislative or policy issues within the jurisdiction of the committee.
Source: Faculty minutes, April 14, 1976, and January 19, 1977.
1.14. Publication of Committee Reports.
Unless otherwise specified by vote of a committee, all committee reports submitted for faculty consideration shall promptly be brought to the attention of the student body.
Source: Faculty minutes, April 14, 1976.
1.15. Grievance Procedure.
Grievances of a student or a class of students against a faculty member which are based on arbitrary and/or discriminatory treatment shall be handled in the following manner:
A. The Dean of the College or his or her designated representative shall hear all such grievances.
B. If the Dean or the representative determines that the grievance is of a substantial nature, he or she shall inform the faculty member of the grievance and attempt to resolve the grievance.
C. If the grievance remains unresolved, the Dean or the representative shall conduct a meeting at which the students and faculty member, if they wish to attend, may fully express their views.
D. The purpose and policy of the procedure specified in paragraphs A through C is to provide an opportunity for voluntary conciliation of grievances.
E. If conciliation does not result from the procedure specified in paragraphs A through C, the Dean or the representative may take whatever action is necessary, reasonable, and within his or her power.
F. The Office of the Dean shall publish and make available this procedure to students of the College.
Source: Faculty minutes, November 14, 1973, and March 17, 1999.
1.16. University Senate.
Any regular tenure track faculty and regular clinical faculty are eligible for election to the University Senate. The following rules apply:
a. For purposes of election of senators, the electorate shall be composed of all regular tenure track and regular clinical track faculty.
b. No more than one senator or not more than 45% of the senators representing the College of Law, whichever is greater, may be regular clinical track faculty.
Source: Faculty minutes, August 20, 2008.
1.17. Complaints Regarding Significant Problems as to Compliance with the ABA Standards.
As an ABA-accredited law school, the Moritz College of Law at The Ohio State
University is subject to the American Bar Association’s Standards for Approval of Law Schools. The Standards may be found at
http://www.americanbar.org/groups/legal_education/resources/standards.html. This rule governs the filing of and response to complaints regarding the College of Law’s compliance with standards governing the program of legal education.
A. Any student at the College of Law who wishes to bring a formal complaint to the Administration of the College of Law regarding a significant problem that directly implicates the College’s program of legal education and its compliance with the ABA
Standards should take the following steps:
1. The student should submit the complaint in writing (via hard copy or e-mail) to the Assistant Dean for Academic Affairs or to the person designated by the Dean for that purpose. If the complaint concerns the person designated to receive complaints, the student should consult the Dean, who will designate an alternate person to receive the complaint.
2. The writing should (a) identify the ABA Standard implicated, (b) describe in appropriate detail the behavior, program, or process complained of, and (c) explain how the College of Law’s program of legal education does not comply with the identified Standard as a result of the problem.
3. The writing must provide the name of the student submitting the complaint. It should also include the student’s preferred contact information for written or electronic communication. Upon request, the person receiving the complaint may, at his or her discretion, maintain the student’s anonymity for all or part of the process.
B. The person who receives the written complaint (or his or her designee) should acknowledge the complaint within five business days of receipt of the written complaint. Acknowledgment may be made by e-mail, U.S. mail, or by personal delivery.
C. Within ten business days of acknowledgment of the complaint, the person who receives the complaint (or his or her designee) shall communicate the College of Law’s progress in regard to the complaint either in writing or in a meeting with the complaining student. The communication should include either a substantive response to the complaint or information about what steps are being taken by the College of Law to address or further investigate the complaint. If further investigation is needed, the complaining student shall, within two weeks of the completion of the investigation, be provided with either (i) a substantive response to the complaint or (ii) information about what steps are being taken by the College of Law to address the complaint.
D. Appeals may be taken to the Dean of the College of Law. Any decision made on appeal is final.
E. A copy of the complaint and a summary of the process and resolution of the complaint shall be kept in the office of the Dean of the College of Law as required by University retention rules or until the end of the academic year in which the complaint is reported to the ABA as part of the College of Law’s sabbatical accreditation process, whichever is later.
F. The College of Law will not retaliate against any individual who makes a complaint under this rule, nor authorize any faculty member, administrator, employee, or student to do so.
G. This rule addresses only complaints that implicate compliance of the College’s program of legal education with the American Bar Association’s Standards for Approval of Law Schools. Students may always articulate in a professional manner the concerns and complaints they may have about other issues by addressing the appropriate persons, or by using other procedures described in the Rules and Regulations of the American Bar Association, the College of Law, or The Ohio State University.
Source: Faculty minutes, October 13, 2011.
View Next: CHAPTER 2 – ADMISSIONS
Faculty Rules Links
- Chapter 1 – College Governance
- Chapter 2 – Admissions
- Chapter 3 – Degrees, Dual Degrees, and Honors (including Coif)
- Chapter 4 – Certificates
- Chapter 5 – Graduation Requirements
- Chapter 6 – Academic Standing, Dismissal, Probation, and Readmission
- Chapter 7 – Examinations
- Chapter 8 – Honor System
- Chapter 9 – Instructional Programs
- Chapter 10 – Lawyering Skills Competition Program
- Chapter 11 – Law Journal
- Chapter 12 – Placement
- Chapter 13 – Faculty
- Chapter 14 – Tenure-Track, Joint, Auxiliary, and Courtesy Faculty Appointments, Reappointment and Nonreappointment, and Promotion
- Chapter 14a – Regular Clinical-Track Faculty Appointments, Reappointment and Nonreappointment, and Promotion
- Chapter 15 – Professional Leave