Disruptive Behavior and the 1219 Procedure

May 10, 2018

Scope: Who is Covered by this Policy?

Employees

Policy

Ohio House Bill 1219 provides for possible suspension from University employment upon arrest and for termination of University employment upon conviction of any of the criminal offenses enumerated in Section 3345.23(D) of the Ohio Revised Code.

Procedure Upon Arrest

House Bill 1219 requires that Miami suspend a University employee who is arrested for any of the criminal offenses enumerated in Section 3345.23(D) of the Ohio Revised Code, when either of the following conditions applies:

  1. the offense is committed on University property or affects University persons or property;
  2. the offense is committed in the immediate vicinity of Miami University if an emergency has been declared and is in effect pursuant to Section 3345.26 of the Ohio Revised Code.

A hearing will be held no more than five (5) days after arrest (continuances may be granted which may not exceed a total of ten [10] days).

The hearing shall be fair and impartial, but the formalities of criminal process are not required.  The hearing shall be adversarial in nature.  The individual whose suspension is being considered has the right, at his or her own expense, to be represented by legal counsel.  The person also has the right to cross-examine witnesses, to testify, and to present the testimony of witnesses and other evidence.  In the absence of a waiver of the right against compulsory self-incrimination, the testimony given at the hearing by the person whose suspension is being considered shall not subsequently be used in any criminal proceeding against the person.  The hearing shall be held before a referee appointed by the Board of Regents.

If the referee finds by a preponderance of the evidence that the person committed any offense covered by Section 3345.23(D) of the Ohio Revised Code, the referee shall take one of following actions:

  1. order the person suspended immediately;
  2. permit the person to return to Miami under terms of strict disciplinary probation. The referee shall take this action only if the good order and discipline of Miami University will not be prejudiced or compromised thereby. Subsequent violation of the terms of the probation automatically causes a suspension.

The suspension is in effect until the person is acquitted or convicted of the offense.  If the individual is convicted, the individual’s employment is automatically terminated.  Upon acquittal, or upon any final judgment not resulting in a conviction of the offense charged, the following actions occur:

  1. the suspension or probation resulting from the 1219 Procedure is automatically terminated;
  2. the individual is reinstated, provided that no other disciplinary action has been taken (see the section of this policy titled “Effect on Other Policies and Procedures”);
  3. the record of the suspension or probation made under the 1219 Procedure is expunged from the individual’s University record.

Any suspension under this provision shall be without pay according to Section 3345.23(C) of the Ohio Revised Code.  An order of the referee may be appealed to the Court of Common Pleas within twenty (20) days after the date of the order.

Procedure Upon Conviction

According to Ohio law, a University employee is subject to immediate dismissal if the individual is convicted of any of the offenses enumerated in Section 3345.23(D) of the Ohio Revised Code, when either of the following conditions applies:

  1. the offense is committed on University property or affects University individuals or property;
  2. the offense is committed in the immediate vicinity of Miami University if an emergency has been declared and is in effect pursuant to Section 3345.26 of the Ohio Revised Code.

Upon notification of the conviction, the President or President’s designee shall immediately notify the individual, in writing, by certified mail delivery, of the dismissal and offer the individual the opportunity to be heard. The hearing shall be limited to the issues of whether the individual was in fact the individual so convicted and whether the conviction is for an offense enumerated in Section 3345.23(D) of the Ohio Revised Code.

The contract of an employee so dismissed is terminated upon dismissal.  No salary or wages shall be paid or credited to the individual after dismissal and only upon terms of disciplinary protocol.

An employee dismissed pursuant to this section may be reemployed at the discretion of the Board of Trustees but only after the lapse of one (1) calendar year following dismissal and only upon terms of strict disciplinary protocol.

If the conviction is reversed on appeal, the individual shall be reinstated, the record of the dismissal shall be expunged from the individual’s University record, and the dismissal shall be deemed not to have occurred.

See Sections 3345.22 and 23 of the Ohio Revised Code for the full text of the statutes.  See the Student Handbook for a list of criminal offenses that trigger these procedures. Note: These procedures may be impacted by a collective bargaining agreement. Consult the Office of General Counsel.

Effect on Other Policies and Procedures

An individual suspended, placed on probation, or dismissed under these procedures has no right to any other hearings or procedures provided under the policies, procedures, or rules of Miami University.

The University has the right, however, to pursue disciplinary action in accordance with the policies, procedures, or rules of Miami University, up to and including dismissal, against any faculty or administrative staff member or other employee at the same time that a 1219 Procedure is engaged and/or at the same time as criminal proceedings, even if the criminal charges involving the same incident are not complete, have been dismissed or were reduced (See Section 3345.24 of the Ohio Revised Code).

Related Form(s)

Not Applicable.

Additional Resources and Procedures

Not Applicable.

FAQ

Not Applicable.

Policy Administration

Next Review Date

7/1/2023

Responsible Officers

  • Associate Vice President for Human Resources
  • Assistant Provost for Academic Personnel

Legal Authority  

  • Ohio House Bill 1219 
  • Ohio Revised Code Section 3345.23

Compliance Policy

No

Recent Revision History

 

Reference ID(s)

  • MUPIM 3.20
  • OAC 3339-3-20

Reviewing Bodies

Office of General Counsel