(A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code.
(B) Subject to division (C) of this section, the board of trustees of a state university, the board of trustees of the northeast Ohio medical university, the board of trustees of a state community college, and the board of trustees of a technical college or community college district operating a technical or a community college may designate one or more employees of the institution, as a state university law enforcement officer, in accordance with section 109.77 of the Revised Code, and, as state university law enforcement officers, those employees shall take an oath of office, wear the badge of office, serve as peace officers for the college or university, and give bond to the state for the proper and faithful discharge of their duties in the amount that the board of trustees requires.
(C)(1) The board of trustees of an institution listed in division (B) of this section shall not designate an employee of the institution as a state university law enforcement officer pursuant to that division on a permanent basis, on a temporary basis, for a probationary term, or on other than a permanent basis if the employee previously has been convicted of or has pleaded guilty to a felony.
(2)(a) The board of trustees shall terminate the employment as a state university law enforcement officer of an employee designated as a state university law enforcement officer under division (B) of this section if that employee does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided in division (D) of section 2929.43 of the Revised Code in which the employee agrees to surrender the certificate awarded to the employee under section 109.77 of the Revised Code.
(b) The board of trustees shall suspend from employment as a state university law enforcement officer an employee designated as a state university law enforcement officer under division (B) of this section if that employee is convicted, after trial, of a felony. If the state university law enforcement officer files an appeal from that conviction and the conviction is upheld by the highest court to which the appeal is taken or if the state university law enforcement officer does not file a timely appeal, the board of trustees shall terminate the employment of that state university law enforcement officer. If the state university law enforcement officer files an appeal that results in that officer's acquittal of the felony or conviction of a misdemeanor, or in the dismissal of the felony charge against that officer, the board of trustees shall reinstate that state university law enforcement officer. A state university law enforcement officer who is reinstated under division (C)(2)(b) of this section shall not receive any back pay unless that officer's conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict the officer of the felony.
(3) Division (C) of this section does not apply regarding an offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of the employment, of a state university law enforcement officer under division (C)(2) of this section shall be in accordance with Chapter 119. of the Revised Code.
Notes of Decisions
Cited in 15
cases, 1961–2015 · leading case: State v. Darrah, 412 N.E.2d 1328 (Ohio 1980).
State v. Darrah, 412 N.E.2d 1328 (Ohio 1980). · cites it 2ד03 provides, in relevant part: “A sheriff, deputy sheriff, marshal, deputy marshal, police officer, or state university law enforcement officer appointed under section 3345.04 of the Revised Code shall arrest and detain a person found violating a law of this state, or an…”
State v. Clark, 462 N.E.2d 436 (Ohio Ct. App. 3d Dist. 1983). · cites it 4ד03(A) states: “(A) A sheriff, deputy sheriff, marshal, deputy marshal, police officer, or state university law enforcement officer appointed under section 3345.04 of the Revised Code shall arrest and detain until a warrant can be obtained a person found violating, within the…”
State v. Allen, 442 N.E.2d 784 (Ohio Ct. App. 1st Dist. 1981). · cites it 4ד03 read in pertinent part as follows: “(A) A sheriff, deputy sheriff, marshal, deputy marshal, police officer, or state university law enforcement officer appointed under section 3345.04 of the Revised Code shall arrest and detain a person found violating a law of this state, or…”
State v. Glenn, 504 N.E.2d 701 (Ohio 1986). · cites it 2ד01(B) defines “peace officer” to include “a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of any municipal corporation, state university law enforcement officer appointed under section 3345.04 of the Revised Code, a police constable…”
State v. Stacy, 458 N.E.2d 403 (Ohio Ct. App. 9th Dist. 1983). · cites it 2ד03(A) provides: *57 “A sheriff, deputy sheriff, marshal, deputy marshal, police officer, or state university law enforcement officer appointed under section 3345.04 of the Revised Code shall arrest and detain until a warrant can be obtained a person found violating, within the…”
City of Bucyrus v. Williams, 545 N.E.2d 1298 (Ohio Ct. App. 3d Dist. 1988). · cites it 2ד03(A) provided: “A sheriff, deputy sheriff, marshal, deputy marshal, police officer, * * * or state university law enforcement officer appointed under section 3345.04 of the Revised Code shall arrest and detain until a warrant can be obtained a person found violating, within the…”
State v. Giallombardo, 504 N.E.2d 1202 (Ohio Ct. App. 11th Dist. 1986). · cites it 2ד01(B) further elaborates on those individuals considered to be peace officers, stating that: ‘“Peace officer’ includes a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of any municipal corporation, * * * state university law…”
State v. Johnson, 2014-Ohio-2856. · cites it 6ד01(B) defines “peace officer” as a “state university law enforcement officer appointed under section 3345.04 of the Revised Code[.]” Further, R.”
State ex rel. Schiffbauer v. Banaszak, 33 N.E.3d 52 (Ohio 2015). “A state university may do the same under R.C. 3345.04. This is not to say that all colleges and universities must have police departments.”
State v. Doss, 675 N.E.2d 854 (Ohio Ct. App. 8th Dist. 1996). · cites it 2ד31 of the Revised Code, a state university law enforcement officer appointed under section 3345.04 of the Revise Code, an Ohio veterans’ home policeman appointed under section 5907.”
City of Cleveland v. Mart, 461 N.E.2d 316 (Ohio Ct. App. 8th Dist. 1983). · cites it 2ד03(A): “A sheriff, deputy sheriff, marshal, deputy marshal, police officer, or state university law enforcement officer appointed under section 3345.04 of the Revised Code shall arrest and detain until a warrant can be obtained a person found violating, within the limits of the…”
State v. Fields, 405 N.E.2d 740 (1979). · cites it 4ד03 reads: “A sheriff, deputy sheriff, marshal, deputy marshal, police officer, or state university law enforcement officer appointed under section 3345.04 of the Revised Code shall arrest and detain a person found violating a law of this state, or an ordinance of a municipal…”
State v. Johnson, 2014-Ohio-2856. “01(B) defines “peace officer” as a “state university law enforcement officer appointed under section 3345.04 of the Revised Code[.]” Further, R.”
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